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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Betting and Racing Legislation Amendment
Bill 2006
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Betting Control Act 1954
3. The Act amended 3
4. Long title amended 3
5. Section 4 amended 3
6. Section 4AA inserted 4
4AA. Meaning of "betting exchange" 4
7. Section 24 amended 4
8. Section 27A amended 5
9. Sections 27B to 27F inserted and consequential
amendment to the Gaming and Wagering
Commission Act 1987 6
27B. Establishing or operating a betting
exchange prohibited 6
27C. Interpretation and application of
section 27D 7
27D. Publication of WA race fields restricted 8
27E. Delegation 10
27F. Review of Minister's decision 10
10. Sections 27G and 27H inserted and consequential
repeal of sections 11H and 11I 11
27G. Liability of persons who occupy a position
of authority in a body corporate 11
27H. Liability of natural persons, partners,
bodies corporate and officers 11
11. Section 28A amended 13
12. Section 28B amended 13
146--1 page i
Betting and Racing Legislation Amendment Bill 2006
Contents
Part 3 -- Racing and Wagering
Western Australia Act 2003
13. The Act amended 14
14. Section 30 amended 14
15. Section 35 amended 15
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Betting and Racing Legislation Amendment
Bill 2006
A Bill for
An Act to amend --
· the Betting Control Act 1954; and
· the Racing and Wagering Western Australia Act 2003,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Betting and Racing Legislation Amendment Bill 2006
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Betting and Racing Legislation Amendment
Act 2006.
5 2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
page 2
Betting and Racing Legislation Amendment Bill 2006
Betting Control Act 1954 Part 2
s. 3
Part 2 -- Betting Control Act 1954
3. The Act amended
The amendments in this Part are to the Betting Control
Act 1954*.
5 [* Reprinted as at12 April 2002.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 35 and
Act No.38 of 2005.]
4. Long title amended
10 The long title is amended after "through, RWWA;" by
inserting --
"
to prohibit betting through, and the establishment
and operation of, betting exchanges;
15 ".
5. Section 4 amended
Section 4(1) is amended after the definition of "authorised
officer" by inserting --
"
20 "betting exchange" has the meaning given to that term
in section 4AA;
".
page 3
Betting and Racing Legislation Amendment Bill 2006
Part 2 Betting Control Act 1954
s. 6
6. Section 4AA inserted
After section 4 the following section is inserted --
"
4AA. Meaning of "betting exchange"
5 In this Act --
"betting exchange" means a facility, electronic or
otherwise, that enables persons --
(a) to place or accept, through the operator of
the betting exchange, bets with other
10 persons; or
(b) to place with the operator of the betting
exchange bets that, on acceptance, are
matched with opposing bets placed with and
accepted by the operator,
15 but does not include a facility, electronic or
otherwise, that enables persons to place bets only
with a bookmaker or a totalisator.
".
7. Section 24 amended
20 (1) After section 24(1) the following subsection is inserted --
"
(1aa) A person who bets through the use of a betting
exchange commits an offence.
Penalty: $10 000, or 24 months imprisonment, or both.
25 ".
(2) Section 24(1a) is amended after "subsection (1)" by inserting --
" or (1aa) ".
page 4
Betting and Racing Legislation Amendment Bill 2006
Betting Control Act 1954 Part 2
s. 8
(3) Section 24(2) is amended by deleting the definition of
"interstate offence" and inserting instead --
"
"interstate offence" means --
5 (a) in relation to an offence under
subsection (1) -- an offence under the law of
another State or a Territory, which offence is
declared by the regulations to be an offence
that corresponds to an offence under that
10 subsection; or
(b) in relation to an offence under
subsection (1aa) -- an offence under the law
of another State or a Territory, which offence
is declared by the regulations to be an
15 offence that corresponds to an offence under
that subsection.
".
8. Section 27A amended
(1) Section 27A(1) is amended as follows:
20 (a) before the definition of "authorised person" by
inserting --
"
"approved sporting event" means --
(a) a sporting event; or
25 (b) a specific contingency of, or relating to, a
sporting event,
that is the subject of an approval given under
section 4B(2);
";
30 (b) after "races" in paragraph (b) of the definition of
"authorised person" by inserting --
" or sporting events ";
page 5
Betting and Racing Legislation Amendment Bill 2006
Part 2 Betting Control Act 1954
s. 9
(c) after "race" in paragraph (a) of the definition of
"offshore bet" by inserting --
" , or on an approved sporting event, ";
(d) after "races" in the definition of "offshore betting
5 operator" by inserting --
" or sporting events ".
(2) Section 27A(2) is amended by deleting "whom" and inserting
instead --
" who ".
10 (3) Section 27A(5)(a) is amended after "races" by inserting --
" or sporting events ".
(4) Section 27A(5)(b) is amended as follows:
(a) after "racing" by inserting --
" or sporting ";
15 (b) after "races" by inserting --
" or sporting events ".
9. Sections 27B to 27F inserted and consequential amendment
to the Gaming and Wagering Commission Act 1987
(1) After section 27A the following sections are inserted --
20 "
27B. Establishing or operating a betting exchange
prohibited
(1) A person who establishes or operates a betting
exchange commits an offence.
25 Penalty: $10 000, or 24 months imprisonment, or both.
page 6
Betting and Racing Legislation Amendment Bill 2006
Betting Control Act 1954 Part 2
s. 9
(2) For the purposes of subsection (1) --
(a) anything done by the holder of a current
bookmaker's licence in accordance with this
Act in carrying on the business or vocation of,
5 or acting as, a bookmaker; or
(b) anything done by RWWA in accordance with
the RWWA Act or another written law; or
(c) anything done as prescribed by the regulations,
does not constitute the establishment or operation of a
10 betting exchange.
27C. Interpretation and application of section 27D
(1) In section 27D --
"approval" means an approval under section 27D(2);
"WA race field" means information that identifies, or
15 is capable of identifying, the names or numbers of
the horses or greyhounds --
(a) that have been nominated for, or that will
otherwise take part in, an intended race to be
conducted in this State; or
20 (b) that have been scratched or withdrawn from
an intended race to be conducted in this
State.
(2) Subject to subsections (3) and (4), section 27D applies
to --
25 (a) a person who in this State or elsewhere --
(i) carries on the business or vocation of, or
acts as, a bookmaker; or
(ii) conducts betting by the operation of a
totalisator; or
30 (iii) operates a betting exchange (however
described); or
page 7
Betting and Racing Legislation Amendment Bill 2006
Part 2 Betting Control Act 1954
s. 9
(iv) gains or endeavours to gain a livelihood
wholly or partly by making bets;
or
(b) a person who is an employee or agent of a
5 person referred to in paragraph (a).
(3) Section 27D does not apply to RWWA in respect of the
performance of its functions in accordance with the
RWWA Act or another written law.
(4) Section 27D does not apply to a person holding a
10 licence under Part 2 until --
(a) the day notified under subsection (5); or
(b) the expiry of 12 months after the
commencement of the Betting and Racing
Legislation Amendment Act 2006 section 9,
15 whichever occurs first.
(5) The Minister may, by notice published in the Gazette,
notify the day on and from which section 27D applies
to a person holding a licence under Part 2.
27D. Publication of WA race fields restricted
20 (1) A person to whom this section applies who, in this
State or elsewhere, publishes or otherwise makes
available a WA race field in the course of business
commits an offence unless the person --
(a) is authorised to do so by an approval; and
25 (b) complies with any condition to which the
approval is subject.
Penalty: $5 000.
page 8
Betting and Racing Legislation Amendment Bill 2006
Betting Control Act 1954 Part 2
s. 9
(2) On the application of a person and the payment of the
prescribed fee, the Minister may, by notice in writing,
give an approval authorising the person to publish or
otherwise make available WA race fields specified in
5 the notice or of a class specified in the notice.
(3) An approval may be unconditional or subject to one or
more conditions specified in the notice.
(4) The Minister may, by notice in writing, amend,
suspend or revoke an approval.
10 (5) Before deciding --
(a) to give or to refuse to give an approval; or
(b) to impose one or more conditions on an
approval; or
(c) to amend, suspend or revoke an approval,
15 the Minister is to have regard to the prescribed criteria.
(6) Without limiting any other power of the Minister under
this section, the Minister may refuse to give an
approval if satisfied that the approval would not be in
the public interest.
20 (7) If the Minister decides --
(a) to refuse to give an approval; or
(b) to impose one or more conditions on an
approval; or
(c) to amend, suspend or revoke an approval,
25 the Minister is to give notice in writing of the decision
and the reasons for the decision to the person applying
for, or holding, the approval.
page 9
Betting and Racing Legislation Amendment Bill 2006
Part 2 Betting Control Act 1954
s. 9
27E. Delegation
(1) The Minister may, in writing signed by the Minister,
delegate the Minister's powers and duties under
section 27D to --
5 (a) the Commission; or
(b) a prescribed person.
(2) RWWA is not to be prescribed for the purposes of
subsection (1)(b).
27F. Review of Minister's decision
10 (1) In this section --
"approval" means an approval under section 27D(2).
(2) A person aggrieved by the decision of the Minister --
(a) to refuse to give an approval; or
(b) to impose one or more conditions on an
15 approval; or
(c) to amend, suspend or revoke an approval,
may apply to the State Administrative Tribunal for a
review of the decision.
".
20 (2) After the Gaming and Wagering Commission Act 1987*
section 43A(3) the following subsection is inserted --
"
(4) In subsection (3)(c) --
"approval" does not include an approval under the
25 Betting Control Act 1954 section 27D(2).
".
[* Reprint 3 as at 3 September 2004.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 187 and
30 Act No. 38 of 2005.]
page 10
Betting and Racing Legislation Amendment Bill 2006
Betting Control Act 1954 Part 2
s. 10
10. Sections 27G and 27H inserted and consequential repeal of
sections 11H and 11I
(1) Before section 28 the following sections are inserted --
"
5 27G. Liability of persons who occupy a position of
authority in a body corporate
(1) If a body corporate commits an offence against this
Act, and it is proved that --
(a) the offence was committed with the consent or
10 connivance of a person who occupies a position
of authority in the body corporate; or
(b) a person who occupies a position of authority in
the body corporate failed to exercise such due
diligence to prevent the commission of the
15 offence as ought to have been exercised having
regard to the nature of the person's functions
and to all other circumstances,
the person commits the same offence.
(2) A person may be proceeded against and convicted of
20 an offence against this Act by virtue of subsection (1)
whether or not the body corporate has been proceeded
against and convicted of the offence.
27H. Liability of natural persons, partners, bodies
corporate and officers
25 (1) If an employee of a bookmaker who is a natural person
commits an offence against this Act related to the
business of the bookmaker, the bookmaker is to be
treated as having committed an offence and is liable to
the penalty prescribed for the offence committed by the
30 employee.
(2) If a manager, an employee or an agent of a bookmaker
that is a partnership or a body corporate commits an
page 11
Betting and Racing Legislation Amendment Bill 2006
Part 2 Betting Control Act 1954
s. 10
offence against this Act related to the business of the
partnership or body corporate as a bookmaker --
(a) each of the partners; or
(b) the body corporate,
5 as the case may be, is to be treated as having
committed an offence and is liable to the penalty
prescribed for the offence committed by the manager,
employee or agent of the partnership or body corporate.
(3) If under subsection (2) a body corporate is treated as
10 having committed an offence, each person who
occupies a position of authority in the body corporate is
to be treated as having committed the offence and is
liable to the penalty prescribed for the offence
committed by the manager, employee or agent of the
15 body corporate, unless the person proves that --
(a) the offence was committed without the person's
consent or connivance; and
(b) the person exercised all such due diligence to
prevent the commission of the offence as ought
20 to have been exercised having regard to the
nature of the person's functions and to all the
circumstances.
(4) If an employee of a bookmaker that is a partnership or
a body corporate commits an offence against this Act
25 related to the business of the bookmaker, the licensed
manager of the bookmaker is to be treated as having
committed an offence and is liable to the penalty
prescribed for the offence committed by the employee.
".
30 (2) Sections 11H and 11I are repealed.
page 12
Betting and Racing Legislation Amendment Bill 2006
Betting Control Act 1954 Part 2
s. 11
11. Section 28A amended
Section 28A(3) is amended by deleting "27 or 27A." and
inserting instead --
" 27, 27A or 27B. ".
5 12. Section 28B amended
Section 28B is amended by deleting "27 or 27A -- " and
inserting instead --
" , 27, 27A or 27B -- ".
page 13
Betting and Racing Legislation Amendment Bill 2006
Part 3 Racing and Wagering Western Australia Act 2003
s. 13
Part 3 -- Racing and Wagering Western Australia
Act 2003
13. The Act amended
The amendments in this Part are to the Racing and Wagering
5 Western Australia Act 2003*.
[* Act No. 36 of 2003.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 375 and
Act No. 38 of 2005.]
10 14. Section 30 amended
Section 30(2) is amended as follows:
(a) after paragraph (b) by inserting --
"
(ba) provide on a commercial basis, under a contract
15 or arrangement entered into with a person given
an approval under the Betting Control Act 1954
section 27D(2), information held by RWWA
that identifies the names or numbers of the
horses or greyhounds --
20 (i) that have been nominated for, or that
will otherwise take part in, intended
thoroughbred races, harness races or
greyhound races to be conducted in
Western Australia; or
25 (ii) that have been scratched or withdrawn
from intended thoroughbred races,
harness races or greyhound races to be
conducted in Western Australia;
and
30 ";
page 14
Betting and Racing Legislation Amendment Bill 2006
Racing and Wagering Western Australia Act 2003 Part 3
s. 15
(b) after paragraphs (a) and (b) and each of paragraphs (c)
to (i) by inserting --
" and ".
15. Section 35 amended
5 Section 35(1) is amended as follows:
(a) after paragraph (b) by inserting --
"
(ba) to enter into contracts or arrangements for the
commercial exploitation of information held by
10 RWWA relating to the racing industry in
Western Australia; and
";
(b) after paragraphs (a) and (b) and each of paragraphs (c)
to (h) by inserting --
15 " and ".
page 15
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