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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Racing and Gambling Legislation Amendment
and Repeal Bill 2003
CONTENTS
Part 1 -- Preliminary
1. Short title 3
2. Commencement 3
3. Definitions 3
Part 2 -- Transitional matters related
to enactment of RWWA Act
4. Definitions 5
5. First appointments to the board 5
6. Acting CEO 7
7. RWWA not to exercise gambling functions until
appointed day 7
8. Strategic development plan 7
9. Statement of corporate intent 7
10. Borrowing limits 8
11. Rules of racing -- continuation and expiry 8
12. Licences, permits, approvals and registrations 10
13. Appointment of stewards and other officials 11
14. Race meetings 11
15. Appeals 12
16. TAB Sports Betting Account 13
17. Sports Betting Promotion Account 13
18. Further transitional provisions may be made 13
180--1 page i
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Contents
Part 3 -- Amendments consequential on
enactment of RWWA Act
Division 1 -- Amendment of regulations
19. Power to amend regulations 15
Division 2 -- Consequential amendments
20. Constitution Acts Amendment Act 1899 amended 15
21. Financial Administration and Audit Act 1985
amended 16
22. Parliamentary Commissioner Act 1971 amended 16
23. Public Sector Management Act 1994 amended 16
24. Statutory Corporations (Liability of Directors)
Act 1996 amended 17
Part 4 -- Totalisator Agency Board
Betting Act 1960 amended and
repealed, transitional and savings
provisions, and consequential
amendments
Division 1 -- Amendments
25. The Act amended 18
26. Section 3 amended 18
27. Section 23A replaced 18
28. Section 24C repealed 19
29. Section 27B repealed 19
30. Sections 28 replaced 20
31. Section 28A repealed 21
Division 2 -- Repeals
32. Totalisator Agency Board Betting Act 1960 repealed 21
33. Totalisator Agency Board Betting Tax Act 1960
repealed 21
Division 3 -- Transitional and savings provisions
Subdivision 1 -- Preliminary
34. Intention 22
35. Definitions 22
36. Application of Interpretation Act 1984 22
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Racing and Gambling Legislation Amendment and Repeal Bill 2003
Contents
Subdivision 2 -- Devolution of the TAB's assets
and liabilities
37. Transfer of assets and liabilities to RWWA 22
38. Guarantees in respect of the TAB 23
39. Exemption from State taxation 24
40. Registration of documents 25
41. Saving 25
Subdivision 3 -- Staff
42. Transition of employment 26
Subdivision 4 -- General transitional provisions
43. Annual report for part of a year 26
44. Completion of things commenced 27
45. Continuing effect of things done 27
46. Immunity to continue 27
47. Agreements and instruments generally 27
48. Rules and regulations -- continuation and expiry 28
49. TAB to perform necessary transitional functions 29
Division 4 -- Consequential amendments
50. Constitution Acts Amendment Act 1899 amended 29
51. Financial Administration and Audit Act 1985
amended 29
52. Statutory Corporations (Liability of Directors)
Act 1996 amended 30
Part 5 -- Racecourse Development
Act 1976 repealed, transitional and
savings provisions, and
consequential amendments
Division 1 -- Repeal
53. Racecourse Development Act 1976 repealed 31
Division 2 -- Transitional and savings provisions
Subdivision 1 -- Preliminary
54. Definitions 31
Subdivision 2 -- Devolution of RDT's assets and
liabilities
55. Transfer of assets and liabilities to RWWA 31
56. Racecourse Development Trust Fund 32
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Racing and Gambling Legislation Amendment and Repeal Bill 2003
Contents
57. Directions by the RDT 34
58. Loans and grants under RD Act 34
59. Exemption from State taxation 34
60. Registration of documents 35
61. Saving 35
Subdivision 3 -- General transitional provisions
62. Annual report for part of a year 36
63. Completion of things commenced 36
64. Continuing effect of things done 36
65. Immunity to continue 37
66. Agreements and instruments generally 37
67. RDT to perform necessary transitional functions 37
Division 3 -- Consequential amendments
68. Consequential amendments to other Acts 38
Part 6 -- Racing Restriction Act 1917
and Racing Restriction Act 1927
repealed, savings provisions and
consequential amendments
Division 1 -- Repeals
69. Racing Restriction Act 1917 repealed 39
70. Racing Restriction Act 1927 repealed 39
Division 2 -- Savings provisions
71. Ministerial directions 39
72. Offender may be punished 39
Division 3 -- Consequential amendments
73. Anzac Day Act 1960 amended 39
Part 7 -- Betting Control Act 1954
amended, transitional and savings
provisions, and
consequential amendments
Division 1 -- Amendments
74. Act amended 41
75. Long title amended 41
76. Section 4 amended 41
77. Section 5 amended 43
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Racing and Gambling Legislation Amendment and Repeal Bill 2003
Contents
78. Section 5A inserted 43
79. Sections 6 to 10 repealed 43
80. Section 11D amended 44
81. Section 12 amended 44
82. Section 12A amended 45
83. Section 15 amended 46
84. Section 16 amended 46
85. Section 17B amended 46
86. Section 17E amended 46
87. Section 20 replaced by sections 20, 20A, 20B and 20C 47
88. Section 23 amended 53
89. Section 27 replaced 54
90. Section 27A inserted 55
91. Section 28A amended 57
92. Section 28B amended 58
93. Section 29 amended 58
94. Section 30A repealed 58
95. Section 31 amended 58
96. Section 33 amended 58
97. Section 34 repealed 59
98. Section 36 repealed 59
99. Schedule 1 repealed 59
100. Schedule 2 repealed 59
101. Headings to Parts inserted 59
102. References to "Board" amended 60
103. References to "the TAB" amended 62
Division 2 -- Transitional and savings provisions
Subdivision 1 -- Preliminary
104. Intention 63
105. Definitions 63
Subdivision 2 -- Devolution of the BCB's assets
and liabilities
106. Transfer of assets and liabilities to Commission 63
107. Western Australian Betting Control Board Fund 64
108. Exemption from State taxation 65
109. Saving 66
Subdivision 3 -- General transitional provisions
110. Annual report for part of a year 66
111. Completion of things commenced 66
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Racing and Gambling Legislation Amendment and Repeal Bill 2003
Contents
112. Continuing effect of things done 67
113. Immunity to continue 67
114. Agreements and instruments generally 67
115. BCB to perform necessary transitional functions 68
Division 3 -- Consequential amendments
116. Consequential amendments to other Acts 68
Part 8 -- Gaming and Betting (Contracts
and Securities) Act 1985 amended
117. The Act amended 69
118. Section 3 amended 69
119. Schedule amended 69
Part 9 -- Gaming Commission Act 1987
amended, transitional and savings
provisions and consequential
amendments
Division 1 -- Amendments
120. The Act amended 70
121. Long title amended 70
122. Section 1 amended 70
123. Section 3 amended 70
124. Section 4 amended 72
125. Section 6 amended 72
126. Section 7 amended 72
127. Section 8 amended 74
128. Section 9 amended 76
129. Section 12 amended 77
130. Section 15 amended 78
131. Section 16 amended 78
132. Section 18 amended 78
133. Section 19 amended 80
134. Section 20 amended 81
135. Section 21 amended 81
136. Section 22 amended 81
137. Section 33 amended 81
138. Section 34 amended 82
139. Section 38 amended 82
140. Section 39 amended 82
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Racing and Gambling Legislation Amendment and Repeal Bill 2003
Contents
141. Section 40 amended 82
142. Section 40A inserted 83
143. Section 41 amended 84
144. Section 42 amended 84
145. Section 43A inserted 85
146. Section 44 amended 86
147. Section 45 amended 86
148. Part V heading and Division heading amended 87
149. Section 54 amended 87
150. Section 64 amended 87
151. Section 80 amended 88
152. Section 81 amended 89
153. Section 82 amended 89
154. Section 83 amended 89
155. Section 84 amended 90
156. Section 85 amended 90
157. Section 102 amended 90
158. Section 103 amended 90
159. Section 107 amended 90
160. Section 108 amended 90
161. Part VA inserted 91
162. Section 110 amended 97
163. Section 110A inserted 97
164. Section 115 repealed 98
165. Section 117 amended 98
166. References to "gaming or betting" amended 99
167. References to "or betting" deleted 100
168. References to "Chairman" amended 101
Division 2 -- Transitional and savings provisions
169. Gaming and Wagering Commission 101
170. Members of the Commission 101
Division 3 -- Consequential amendments
171. Casino Control Act 1984 amended 102
172. Gaming Commission (Continuing Lotteries Levy)
Act 2000 amended 103
173. Liquor Licensing Act 1988 amended 103
174. Racing and Wagering Western Australia Act 2003
amended 104
175. Consequential amendments to other Acts 105
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Racing and Gambling Legislation Amendment and Repeal Bill 2003
Contents
Part 10 -- Police Act 1892 amended and
savings provision
176. The Act amended 106
177. Part VI Division 2 repealed 106
178. Savings provision 106
Part 11 -- Racing Penalties (Appeals)
Act 1990 amended and transitional
provisions
Division 1 -- Amendments
179. The Act amended 107
180. Section 3 amended 107
181. Section 7 amended 108
182. Section 12 amended 108
183. Section 13 amended 109
184. Section 14 amended 109
185. Section 15 amended 110
186. Section 16 amended 110
187. Section 17 amended 111
188. Section 19 amended 112
189. Section 24 amended 112
190. Section 25 amended 114
191. Section 27 repealed 114
192. Schedule amended 114
Division 2 -- Transitional provisions
193. Appeals 114
194. Funds of Tribunal 115
Part 12 -- Western Australian
Greyhound Racing Authority
Act 1981 amended, transitional
provision, and consequential
amendments
Division 1 -- Amendments
195. The Act amended 116
196. Long title amended 116
197. Section 1 amended 116
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Racing and Gambling Legislation Amendment and Repeal Bill 2003
Contents
198. Section 3 repealed 116
199. Section 4 amended 116
200. Headings to Parts II and III amended 118
201. Section 5 amended 118
202. Section 7 amended 118
203. Section 7A amended 118
204. Section 7B repealed 119
205. Section 8 amended 119
206. Section 12 amended 119
207. Section 13 amended 119
208. Section 15 amended 119
209. Section 16 amended 120
210. Section 17 repealed 120
211. Section 21 replaced 120
212. Section 22 amended 120
213. Section 23 repealed 121
214. Part VI repealed 121
215. Section 35 amended 121
216. Section 36 amended 121
217. Schedule 1 amended 121
218. References to "Authority" amended 122
Division 2 -- Transitional provision
219. Renamed body is same body 122
Division 3 -- Consequential amendments
220. Dog Act 1976 amended 123
221. Consequential amendments to other Acts 124
Part 13 -- Western Australian Trotting
Association Act 1946 amended and
transitional and savings provisions
Division 1 -- Amendments
222. The Act amended 126
223. Long title amended 126
224. Section 2 amended 126
225. Section 6 repealed 126
226. Section 7 replaced 127
227. Section 8 repealed 128
228. Section 9 amended 129
229. Section 12 repealed 129
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Racing and Gambling Legislation Amendment and Repeal Bill 2003
Contents
230. Section 14 amended 129
231. Sections 15 and 16 repealed 129
232. First Schedule repealed 129
233. Second Schedule repealed 129
Division 2 -- Transitional and savings provisions
234. Interpretation 129
235. Country Clubs' Benefit Fund 129
236. By-laws -- continuation and expiry 130
Part 14 -- The Western Australian Turf
Club Act 1892 amended and
transitional provision
Division 1 -- Amendments
237. The Act amended 131
238. Section 13 replaced 131
239. Sections 14 to 20 repealed 133
240. Section 22 amended 133
241. Section 23 amended 133
Division 2 -- Transitional provision
242. By-laws -- continuation and expiry 133
Part 15 -- Workers' Compensation and
Rehabilitation Act 1981 amended
243. The Act amended 135
244. Section 11A amended 135
page x
Western Australia
LEGISLATIVE ASSEMBLY
Racing and Gambling Legislation Amendment
and Repeal Bill 2003
A Bill for
An Act --
· to provide for transitional matters related to the enactment of the
Racing and Wagering Western Australia Act 2003;
· to amend, and then repeal, the Totalisator Agency Board Betting
Act 1960;
· to repeal the Totalisator Agency Board Betting Tax Act 1960;
· to repeal the Racecourse Development Act 1976;
· to repeal the Racing Restriction Act 1917;
· to repeal the Racing Restriction Act 1927;
· to amend the Betting Control Act 1954;
· to amend the Gaming Commission Act 1987;
· to make other amendments as a consequence of those repeals and
amendments and the enactment of the Racing and Wagering
Western Australia Act 2003;
· for purposes related to those repeals and amendments;
· to provide for the devolution of assets and liabilities from the
TAB and the Racecourse Development Trust to RWWA; and
page 1
Racing and Gambling Legislation Amendment and Repeal Bill 2003
· to make other amendments related to racing, gaming or
wagering.
The Parliament of Western Australia enacts as follows:
page 2
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Preliminary Part 1
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Racing and Gambling Legislation
Amendment and Repeal Act 2003.
5 2. Commencement
(1) This Act comes into operation on a day to be fixed by
proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
10 3. Definitions
In this Act --
"appointed day" means the day fixed by order under section 7;
"assets" means --
(a) property of every kind whether tangible or intangible,
15 real or personal, corporeal or incorporeal; and
(b) without limiting paragraph (a) includes choses in
action, goodwill, rights, interests and claims of every
kind in or to property, whether arising from, accruing
under, created or evidenced by or the subject of, an
20 instrument or otherwise and whether liquidated or
unliquidated, actual, contingent or prospective;
"commencement day" means the day of which Part 1 of the
RWWA Act comes into operation;
"liability" means any liability, duty or obligation whether
25 actual, contingent or prospective, liquidated or
unliquidated, or whether owned alone or jointly or jointly
and severally with any other person;
"right" means any right, power, privilege or immunity whether
actual, contingent or prospective;
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Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 1 Preliminary
s. 3
"RWWA" means Racing and Wagering Western Australia
established under the Racing and Wagering Western
Australia Act 2003;
"RWWA Act" means the Racing and Wagering Western
5 Australia Act 2003 and, without limiting section 46 of the
Interpretation Act 1984, includes a reference to the rules of
racing made under, or continued for the purposes of, that
Act.
page 4
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Transitional matters related to enactment of RWWA Act Part 2
s. 4
Part 2 -- Transitional matters related to enactment of
RWWA Act
4. Definitions
(1) In this Part, unless the contrary intention appears --
5 "old Greyhound Racing Rules" means Greyhound Racing
Rules made under section 7B of the Western Australian
Greyhound Racing Authority Act 1981 and in force
immediately before commencement day;
"old Rules of Harness Racing" means the Rules of Harness
10 Racing 1999 made or adopted under by-laws under the
Western Australian Trotting Association Act 1946 and in
force immediately before commencement day;
"old Rules of Racing" means Rules of Racing of the Western
Australian Turf Club made or adopted by the Western
15 Australian Turf Club and in force immediately before
commencement day;
"TAB" means the Totalisator Agency Board established under
the Totalisator Agency Board Betting Act 1960;
"TABB Act" means the Totalisator Agency Board Betting
20 Act 1960.
(2) Unless otherwise specified or a contrary intention appears,
words and expressions in this Part have the same meaning as in
the RWWA Act.
5. First appointments to the board
25 (1) Despite sections 11 and 12 of the RWWA Act, for the purpose
of the first appointments of directors to the board --
(a) the following bodies are eligible thoroughbred racing
bodies for the purposes of sections 8(1)(b) and 11(2)(c)
of the RWWA Act --
30 (i) The Western Australian Turf Club;
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Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 2 Transitional matters related to enactment of RWWA Act
s. 5
(ii) the Western Australian Provincial Thoroughbred
Racing Association;
(iii) the Country Racing Association;
(iv) the Western Australian Thoroughbred Racing
5 Industry Council;
(b) the following bodies are eligible harness racing bodies
for the purposes of sections 8(1)(c) and 11(2)(d) of the
RWWA Act --
(i) the Western Australian Trotting Association;
10 (ii) the Fremantle Trotting Club (Inc.);
(iii) the Western Australian Country Trotting
Association;
(iv) the Western Australian Standardbred Breeders'
Association Inc.;
15 (v) the Western Australian Harness Racing Breeders,
Owners, Trainers and Reinspersons' Association
(Inc.);
(vi) the Harness Racing Owners' Association of WA
Incorporated;
20 (c) the following bodies are eligible greyhound racing
bodies for the purposes of sections 8(1)(d) and 11(2)(e)
of the RWWA Act --
(i) the Western Australian Greyhound Racing
Authority;
25 (ii) the Avon Valley Greyhound Racing Association;
(iii) the Western Australian Greyhound Breeders,
Owners and Trainers Association;
and
(d) the Minister is to nominate a person for the purposes of
30 section 11(2)(b) of the RWWA Act instead of the board.
(2) The Minister may give directions for facilitating the constitution
of the first board of directors of RWWA and those directions
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Racing and Gambling Legislation Amendment and Repeal Bill 2003
Transitional matters related to enactment of RWWA Act Part 2
s. 6
have the same effect as an order made under section 9 of the
RWWA Act.
6. Acting CEO
The Minister may appoint a person to act in the office of CEO
5 under section 20 of the RWWA Act during the period before the
board first appoints a CEO under that section.
7. RWWA not to exercise gambling functions until appointed
day
(1) RWWA must not exercise any of its functions under Part 5 of
10 the RWWA Act until the day fixed under subsection (2).
(2) The Minister may, by order published in the Gazette, fix a day
(the "appointed day") on which RWWA is authorised to
exercise its functions under Part 5 of the RWWA Act.
(3) Until the appointed day, the functions (to the extent that they are
15 like functions of the TAB under the TABB Act immediately
before the appointed day) remain functions of the TAB and may
continue to be exercised by the TAB under the TABB Act.
8. Strategic development plan
(1) The first strategic development plan for RWWA under Part 6
20 Division 1 of the RWWA Act is to be for a period starting
1 August 2004.
(2) The last strategic development plan for the TAB under the
TABB Act before the appointed day is to operate after the
appointed day as a strategic development plan for RWWA in
25 relation to its gambling operations until a first strategic
development plan for RWWA in relation to those operations is
agreed under the RWWA Act.
9. Statement of corporate intent
(1) The first statement of corporate intent for RWWA under Part 6
30 Division 2 of the RWWA Act is to be for the financial year
commencing 1 August 2004.
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Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 2 Transitional matters related to enactment of RWWA Act
s. 10
(2) The last statement of corporate intent for the TAB under the
TABB Act before the appointed day is to operate after the
appointed day as a statement of corporate intent for RWWA in
relation to its gambling operations until a first statement of
5 corporate intent for RWWA in relation to those operations is
submitted under the RWWA Act.
10. Borrowing limits
The first monetary limits under section 98 of the RWWA Act
are to be determined in relation to the first financial year of
10 RWWA to start on or after commencement day.
11. Rules of racing -- continuation and expiry
(1) Subject to subsection (5), the old Rules of Harness Racing
continue in force with such changes as are necessary on and
after commencement day --
15 (a) to the extent that the rules deal with matters of racing, as
if the rules were made by RWWA as Rules of Harness
Racing under section 45 of the RWWA Act; and
(b) to the extent that the rules deal with totalisators on
racecourses --
20 (i) before the appointed day as if the rules were not
affected by this Act or the RWWA Act; and
(ii) on and after the appointed day as if the rules
were made and approved as rules of wagering
under section 120 of the RWWA Act.
25 (2) Subject to subsection (5), the old Rules of Racing continue in
force with such changes as are necessary on and after
commencement day --
(a) to the extent that the rules deal with matters of racing, as
if the rules were made by RWWA as Rules of
30 Thoroughbred Racing under section 45 of the RWWA
Act; and
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Racing and Gambling Legislation Amendment and Repeal Bill 2003
Transitional matters related to enactment of RWWA Act Part 2
s. 11
(b) to the extent that the rules deal with totalisators on
racecourses --
(i) before the appointed day as if the rules were not
affected by this Act or the RWWA Act; and
5 (ii) on and after the appointed day as if the rules
were made and approved as rules of wagering
under section 120 of the RWWA Act.
(3) Subject to subsection (5), the old Greyhound Racing Rules
continue in force with such changes as are necessary on and
10 after commencement day --
(a) to the extent that the rules relate to racing, as if the rules
were made by RWWA as Rules of Greyhound Racing
under section 45 of the RWWA Act; and
(b) to the extent that the rules deal with totalisators on
15 racecourses --
(i) before the appointed day as if the rules were not
affected by this Act or the RWWA Act; and
(ii) on and after the appointed day as if the rules
were made and approved as rules of wagering
20 under section 120 of the RWWA Act.
(4) A reference in the RWWA Act to the rules of racing or the rules
of wagering includes a reference to the rules in force under this
section.
(5) The rules continued in force under subsections (1), (2) and (3)
25 expire 12 months after the coming into operation of this section,
or on a day fixed by order of the Minister published in the
Gazette, whichever is the earlier day.
(6) Nothing in this section affects the operation of sections 36, 37
and 38 of the RWWA Act.
30 (7) To the extent that the rules continued in force under this section
confer functions and powers solely on a principal club or a
controlling authority, on and after commencement day those
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Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 2 Transitional matters related to enactment of RWWA Act
s. 12
functions are to be carried out and powers are to be exercised by
RWWA.
12. Licences, permits, approvals and registrations
(1) In this section --
5 "authorisation" means --
(a) a licence to train;
(b) a licence of a bookmaker;
(c) a licence of a driver;
(d) a licence of a trainer;
10 (e) a licence of a stablehand;
(f) a licence of a studmaster or artificial breeding
technician;
(g) a permit to train;
(h) registration of a racing club;
15 (i) registration as a driver, trainer, owner, stable hand,
bookmaker or bookmaker's clerk;
(j) registration of a horse, foal, stud or sire (or for a
certificate of service) or of any transfer, lease or
cancellation of lease of a horse;
20 (k) registration of a syndicate;
(l) registration of colours;
(m) any other licence, permit, approval or registration.
(2) Subject to the RWWA Act, any authorisation given or issued
under --
25 (a) the old Greyhound Racing Rules;
(b) the old Rules of Harness Racing;
(c) the by-laws of the Western Australian Trotting
Association under the Western Australian Trotting
Association Act 1946; or
page 10
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Transitional matters related to enactment of RWWA Act Part 2
s. 13
(d) the old Rules of Racing,
and in force immediately before commencement day continues
in force on and after commencement day as if it were given by
RWWA under the RWWA Act.
5 13. Appointment of stewards and other officials
(1) Subject to the RWWA Act and unless otherwise determined in
writing by RWWA, any appointment of a steward or other
racing official made under --
(a) the old Greyhound Racing Rules;
10 (b) the old Rules of Harness Racing; or
(c) the old Rules of Racing,
and in force immediately before commencement day continues
in force, with necessary changes but otherwise under and
subject to the same terms and conditions, on and after
15 commencement day as if it were made under the RWWA Act.
(2) Nothing in --
(a) the old Greyhound Racing Rules;
(b) the old Rules of Harness Racing; or
(c) the old Rules of Racing,
20 operates so as to prevent or restrict --
(d) the continuation of the appointment of an employee of a
racing club as a steward or other racing official for the
purposes of the RWWA Act; or
(e) the appointment by RWWA of an employee of a racing
25 club as a steward or other racing official for the
purposes of the RWWA Act.
14. Race meetings
On and after commencement day a date or time for a race
meeting that has been fixed by or under --
30 (a) the old Greyhound Racing Rules;
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Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 2 Transitional matters related to enactment of RWWA Act
s. 15
(b) the old Rules of Harness Racing;
(c) the by-laws of the Western Australian Trotting
Association under the Western Australian Trotting
Association Act 1946; or
5 (d) the old Rules of Racing,
and in force immediately before commencement day, is to be
taken to be the date or time of the race meeting as if it had been
fixed by RWWA under the RWWA Act.
15. Appeals
10 (1) Any appeal under --
(a) the old Greyhound Racing Rules;
(b) the old Rules of Harness Racing;
(c) the by-laws of the Western Australian Trotting
Association under the Western Australian Trotting
15 Association Act 1946; or
(d) the old Rules of Racing,
that has been commenced but not completed immediately before
commencement day, is taken to be an appeal against a decision
of RWWA.
20 (2) A right of appeal under --
(a) the old Greyhound Racing Rules;
(b) the old Rules of Harness Racing;
(c) the by-laws of the Western Australian Trotting
Association under the Western Australian Trotting
25 Association Act 1946; or
(d) the old Rules of Racing,
that is in existence but has not been exercised immediately
before commencement day, is taken to be a right of appeal
against a decision of RWWA.
page 12
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Transitional matters related to enactment of RWWA Act Part 2
s. 16
16. TAB Sports Betting Account
(1) On commencement day, any funds standing to the credit of the
TAB Sports Betting Account established under
section 28A(2)(d) of the TABB Act are to be credited to the
5 Sports Wagering Account referred to in section 110A of the
Gaming Commission Act 1987, and the TAB Sports Betting
Account is then to be closed.
(2) If in an agreement, instrument or other document there is a
reference to the TAB Sports Betting Account, that reference is,
10 unless the context otherwise requires, to be read or to have
effect on and after commencement day as if it were a reference
to the Sports Wagering Account.
17. Sports Betting Promotion Account
(1) On commencement day, any funds standing to the credit of the
15 Sports Betting Promotion Account referred to in
section 28A(2)(c) of the TABB Act are to be credited to an
account established under section 88 of the RWWA Act, and the
Sports Betting Promotion Account is then to be closed.
(2) If in an agreement, instrument or other document there is a
20 reference to the Sports Betting Promotion Account, that reference
is, unless the context otherwise requires, to be read or to have
effect on and after commencement day as if it were a reference to
the account established under section 88 of the RWWA Act.
18. Further transitional provisions may be made
25 (1) If there is no sufficient provision in this Part for dealing with a
transitional matter, regulations under this Act may include any
provision that is required, or that is necessary or convenient, for
dealing with the transitional matter.
(2) In subsection (1) --
30 "transitional matter" means a matter that needs to be dealt
with for the purpose of --
(a) effecting the transition from the provisions of the
TABB Act to the provisions of the RWWA Act; or
page 13
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 2 Transitional matters related to enactment of RWWA Act
s. 18
(b) effecting the transition from the provisions of an Act
amended by this Act as in force before this Act
comes into operation to the provisions of that Act as
in force after this Act comes into operation.
5 (3) Regulations made under subsection (1) may provide that
specific provisions of the RWWA Act or an Act amended by
this Act --
(a) do not apply; or
(b) apply with specific modifications,
10 to or in relation to any matter.
(4) If regulations made under subsection (1) provide that a specified
state of affairs is to be taken to have existed, or not to have
existed, on and from a day that is earlier than the day on which
the regulations are published in the Gazette but not earlier than
15 the commencement day, the regulations have effect according to
their terms.
(5) In subsection (4) --
"specified" means specified or described in the regulations.
(6) If regulations contain a provision referred to in subsection (4),
20 the provision does not operate so as --
(a) to affect in a manner prejudicial to any person (other
than the State), the rights of that person existing before
the day of publication of those regulations; or
(b) to impose liabilities on any person (other than the State
25 or an authority of the State) in respect of anything done
or omitted to be done before the day of publication of
those regulations.
page 14
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Amendments consequential on enactment of RWWA Act Part 3
Amendment of regulations Division 1
s. 19
Part 3 -- Amendments consequential on enactment of
RWWA Act
Division 1 -- Amendment of regulations
19. Power to amend regulations
5 (1) The Governor, on the recommendation of the Minister, may
make regulations amending subsidiary legislation made under
any Act.
(2) The Minister may make a recommendation under subsection (1)
only if the Minister considers that each amendment proposed to
10 be made by the regulations is necessary or desirable as a
consequence of the enactment of the RWWA Act or this Act.
(3) Nothing in this section prevents subsidiary legislation from being
amended in accordance with the Act under which it was made.
Division 2 -- Consequential amendments
15 20. Constitution Acts Amendment Act 1899 amended
(1) The amendment in this section is to the Constitution Acts
Amendment Act 1899*.
[* Reprinted as at 8 June 2001.
For subsequent amendments see 2001 Index to Legislation of
20 Western Australia, Table 1, p. 72 and Acts Nos. 24 and 25 of
2001, and 5, 20 and 30 of 2002.]
(2) Schedule V Part 3 is amended by inserting after the item
relating to the Queen Elizabeth II Medical Centre Trust the
following item --
25 "
The board of Racing and Wagering Western Australia
established by the Racing and Wagering Western Australia
Act 2003.
".
page 15
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 3 Amendments consequential on enactment of RWWA Act
Division 2 Consequential amendments
s. 21
21. Financial Administration and Audit Act 1985 amended
(1) The amendment in this section is to the Financial
Administration and Audit Act 1985*.
[* Reprinted as at 16 September 2002.
5 For subsequent amendments see Acts Nos. 30 and 38 of
2002.]
(2) Schedule 1 is amended by inserting in the appropriate
alphabetical position the following item --
"
10 Racing and Wagering Western Australia
".
22. Parliamentary Commissioner Act 1971 amended
(1) The amendment in this section is to the Parliamentary
Commissioner Act 1971*.
15 [* Reprinted as at 16 March 2001.]
(2) Schedule 1 is amended by inserting in the appropriate
alphabetical position the following --
"
Racing and Wagering Western Australia established under
20 section 4 of the Racing and Wagering Western Australia
Act 2003.
".
23. Public Sector Management Act 1994 amended
(1) The amendment in this section is to the Public Sector
25 Management Act 1994*.
[* Reprinted as at 9 February 2001.
For subsequent amendments see Acts Nos. 24 of 2001 and 20
of 2002.]
page 16
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Amendments consequential on enactment of RWWA Act Part 3
Consequential amendments Division 2
s. 24
(2) Schedule 1 is amended by inserting after item 15 the following
item --
"
16. Racing and Wagering Western Australia established
5 under the Racing and Wagering Western Australia
Act 2003
".
24. Statutory Corporations (Liability of Directors) Act 1996
amended
10 (1) The amendment in this section is to the Statutory Corporations
(Liability of Directors) Act 1996*.
[* Reprinted as at 10 August 2001.
For subsequent amendments see Acts Nos. 25 of 2001 and 30
of 2002.]
15 (2) Schedule 1 is amended by inserting after the item relating to the
Potato Marketing Corporation of Western Australia the
following item --
"
Racing and a director of Racing and
Wagering the board Wagering Western
Western Australia Act 2003
Australia
".
page 17
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 4 Totalisator Agency Board Betting Act 1960 amended and
repealed, transitional and savings provisions, and
consequential amendments
Division 1 Amendments
s. 25
Part 4 -- Totalisator Agency Board Betting Act 1960
amended and repealed, transitional and savings
provisions, and consequential amendments
Division 1 -- Amendments
5 25. The Act amended
The amendments in this Division are to the Totalisator Agency
Board Betting Act 1960*.
[* Reprinted as at 8 November 2002.]
26. Section 3 amended
10 Section 3 is amended by inserting in the appropriate
alphabetical positions the following definitions --
"
"RWWA" means Racing and Wagering Western
Australia established under the RWWA Act;
15 "RWWA Act" means the Racing and Wagering
Western Australia Act 2003;
".
27. Section 23A replaced
Section 23A is repealed and the following section is inserted
20 instead --
"
23A. Unclaimed dividends, fixed odds winnings and
refunds
(1) On and after the coming into operation of section 27 of
25 the Racing and Gambling Legislation Amendment and
Repeal Act 2003 all moneys payable by way of
dividends, fixed odd winnings and refunds by the TAB
page 18
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Totalisator Agency Board Betting Act 1960 amended and Part 4
repealed, transitional and savings provisions, and
consequential amendments
Amendments Division 1
s. 28
which are unclaimed for 7 months by any person
entitled to the moneys shall --
(a) in the case of moneys payable by way of
dividends, fixed odds winnings or refunds in
5 respect of wagers made on sporting events, be
paid by the TAB, into the Sports Wagering
Account under section 110A of the Gaming
Commission Act 1987 as if the moneys were
moneys payable by RWWA under section 107
10 of the RWWA Act; and
(b) in the case of any other moneys, be paid by the
TAB into an account established under
section 88 of the RWWA Act.
(2) Upon payment of moneys under subsection (1) into an
15 account --
(a) the moneys become part of the funds of that
account; and
(b) the person who was entitled to claim the
moneys has no enforceable claim in respect of
20 the moneys.
(3) The moneys must be paid under subsection (1) not later
than the last operating day of the month following the
period of 7 months referred to in that subsection.
(4) Subsection (1) does not apply to moneys which are
25 credited by the TAB to a credit account established
with it under this Act.
".
28. Section 24C repealed
Section 24C is repealed.
30 29. Section 27B repealed
Section 27B is repealed.
page 19
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 4 Totalisator Agency Board Betting Act 1960 amended and
repealed, transitional and savings provisions, and
consequential amendments
Division 1 Amendments
s. 30
30. Sections 28 replaced
Section 28 is repealed and the following section is inserted
instead --
"
5 28. Allocation of TAB's funds
(1) In respect of moneys received from fixed odds bets and
totalisator bets made with the TAB on sporting events,
the TAB after paying --
(a) all winnings and dividends in respect of the
10 bets; and
(b) the amount of betting tax imposed under
section 25 in respect of the bets,
shall pay 25%, or such other percentage as may be
prescribed, of the balance to the Sports Wagering
15 Account established under section 110A of the Gaming
Commission Act 1987.
(2) The TAB after paying --
(a) the amounts required to be paid under
subsection (1);
20 (b) all other winnings and dividends in respect of
fixed odds bets and totalisator bets;
(c) any other amount of betting tax imposed under
section 25 in respect of fixed odds bets and
totalisator bets;
25 (d) the respective amounts required for the time
being to the credit of a reserve account opened
under section 26; and
(e) all other outgoings and expenses of the TAB in
relation to its functions under this Act,
30 shall pay the balance of the moneys it receives from
fixed odds bets and totalisator bets, or otherwise in
relation to its functions under this Act, into an account
established under section 88 of the RWWA Act.
page 20
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Totalisator Agency Board Betting Act 1960 amended and Part 4
repealed, transitional and savings provisions, and
consequential amendments
Repeals Division 2
s. 31
(3) The balance referred to in subsection (2) shall be paid
by periodical or other payment in such manner as the
Minister may direct.
(4) Moneys paid under subsection (2) into an account
5 established by RWWA --
(a) become the funds of RWWA; and
(b) may be paid for any purpose for which RWWA
is authorised or required to pay moneys under
section 105(1)(d), (e), (h) and (i) of the RWWA
10 Act.
(5) The balance of the moneys remaining after the
payments referred to in subsection (4)(b) is to be paid
or credited in accordance with section 105(2) to (6) of
the RWWA Act.
15 ".
31. Section 28A repealed
Section 28A is repealed.
Division 2 -- Repeals
32. Totalisator Agency Board Betting Act 1960 repealed
20 The Totalisator Agency Board Betting Act 1960 is repealed.
33. Totalisator Agency Board Betting Tax Act 1960 repealed
The Totalisator Agency Board Betting Tax Act 1960 is repealed.
page 21
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 4 Totalisator Agency Board Betting Act 1960 amended and
repealed, transitional and savings provisions, and
consequential amendments
Division 3 Transitional and savings provisions
s. 34
Division 3 -- Transitional and savings provisions
Subdivision 1 -- Preliminary
34. Intention
The intention of the provisions of this Division is that RWWA
5 will, in accordance with these provisions, stand in place of and
be the successor to the TAB.
35. Definitions
In this Part, unless the contrary intention appears --
"TAB" means the Totalisator Agency Board established by the
10 TABB Act;
"TABB Act" means the Totalisator Agency Board Betting
Act 1960.
36. Application of Interpretation Act 1984
(1) The provisions of the Interpretation Act 1984 about the repeal
15 of written laws and the substitution of other written laws for
those so repealed (for example, sections 16(1), 36 and 38) apply
to the repeal of the TABB Act in relation to that Act as if the
RWWA Act repealed the TABB Act.
(2) The provisions of this Division are additional to the provisions
20 applied by subsection (1).
Subdivision 2 -- Devolution of the TAB's assets and liabilities
37. Transfer of assets and liabilities to RWWA
On and after the appointed day --
(a) the assets and rights of the TAB vest in RWWA by
25 force of this section;
(b) the liabilities of the TAB (including a share of a
liability) become, by force of this section, the liabilities
of RWWA;
page 22
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Totalisator Agency Board Betting Act 1960 amended and Part 4
repealed, transitional and savings provisions, and
consequential amendments
Transitional and savings provisions Division 3
s. 38
(c) any agreement or instrument relating to the assets, rights
and liabilities referred to in paragraphs (a) and (b) has
effect, by force of this section, as if RWWA were
substituted for the TAB in the agreement or instrument;
5 (d) RWWA is a party to any proceedings by or against the
TAB commenced before the appointed day;
(e) any proceeding or remedy that might have been
commenced by or available against or to the TAB in
relation to the assets, rights and liabilities referred to in
10 paragraphs (a) and (b), may be commenced and are
available, by or against or to RWWA;
(f) any act, matter or thing done or omitted to be done in
relation to the assets, rights and liabilities referred to in
paragraphs (a) and (b) before the appointed day by, to or
15 in respect of the TAB (to the extent that that act, matter
or thing has any force or effect) is to be taken to have
been done or omitted by, to or in respect of RWWA;
(g) the TAB is to deliver to RWWA all registers, papers,
documents, minutes, receipts, books of account and
20 other records (however compiled, recorded or stored)
relating to --
(i) the assets, rights and liabilities referred to in
paragraphs (a) and (b); and
(ii) proceedings referred to in paragraph (d).
25 38. Guarantees in respect of the TAB
(1) A guarantee under section 19 of the TABB Act as in force
immediately before the appointed day is not affected by any
provision of this Act, including without limitation the transfer of
any liability of the TAB under section 37 to RWWA.
30 (2) Any guarantee referred to in subsection (1) is to continue in
force and is to be read and construed, on and from
commencement day as if it were a guarantee of the liabilities of
RWWA which have been vested or assumed in or by it.
page 23
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 4 Totalisator Agency Board Betting Act 1960 amended and
repealed, transitional and savings provisions, and
consequential amendments
Division 3 Transitional and savings provisions
s. 39
(3) The Treasurer may enter into any instrument confirming the
continued liability of the State under a guarantee referred to in
subsection (1).
(4) By virtue of this subsection, any sum paid by the Treasurer
5 under a guarantee referred to in subsection (1) constitutes a
charge on the assets of RWWA.
39. Exemption from State taxation
(1) In this section --
"State tax" includes stamp duty chargeable under the Stamp
10 Act 1921 and any other tax, duty, fee, levy or charge under
a law of the State.
(2) State tax is not payable in relation to --
(a) anything that occurs by the operation of this Division; or
(b) anything done (including a transaction entered into or an
15 instrument or document of any kind made, executed,
lodged or given) under this Division, or to give effect to
this Division, or for a purpose connected with or arising
out of, giving effect to this Division.
(3) The Treasurer or a person authorised by the Treasurer may, on
20 request by RWWA, certify in writing that --
(a) a specified thing occurred by the operation of this
Division; or
(b) a specified thing was done under this Division, or to
give effect to this Division, or for a purpose connected
25 with or arising out of giving effect to this Division.
(4) For all purposes and in all proceedings, a certificate under
subsection (3) is conclusive evidence of the matters it certifies,
except so far as the contrary is shown.
page 24
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Totalisator Agency Board Betting Act 1960 amended and Part 4
repealed, transitional and savings provisions, and
consequential amendments
Transitional and savings provisions Division 3
s. 40
40. Registration of documents
(1) The relevant officials are to take notice of the provisions of this
Division and are empowered to record and register in the
appropriate manner the documents necessary to give effect to
5 this Division.
(2) Without limiting subsection (1), a statement in an instrument
executed by RWWA that any estate or interest in land or other
property has become vested in it is evidence of that fact.
(3) In subsection (1) --
10 "relevant officials" means the Registrar of Titles, the Registrar
of Deeds, the Minister administering the Land
Administration Act 1997 and any other person authorised
by a written law to record and give effect to the registration
of documents relating to transactions affecting any estate or
15 interest in land or any other property.
41. Saving
The operation of section 37 is not to be regarded --
(a) as a breach of contract or confidence or otherwise as a
civil wrong;
20 (b) as a breach of any contractual provision prohibiting,
restricting or regulating the assignment or transfer of
assets, rights or liabilities or the disclosure of
information;
(c) as giving rise to any remedy by a party to an instrument
25 or as causing or permitting the termination of any
instrument, because of a change in the beneficial or legal
ownership of any assets, right or liability;
(d) as causing any contract or instrument to be void or
otherwise unenforceable; or
30 (e) as releasing or allowing the release of any surety.
page 25
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 4 Totalisator Agency Board Betting Act 1960 amended and
repealed, transitional and savings provisions, and
consequential amendments
Division 3 Transitional and savings provisions
s. 42
Subdivision 3 -- Staff
42. Transition of employment
(1) Any person who was in the employment of the TAB
immediately before the appointed day continues, under and
5 subject to the RWWA Act, as a member of staff of RWWA.
(2) Except as otherwise agreed by a member of staff, the
remuneration, existing or accrued rights, rights under a
superannuation scheme or continuity of service of a member of
staff of RWWA are not affected, prejudiced or interrupted by --
10 (a) the operation of subsection (1); or
(b) the TAB ceasing to be a non-SES organisation under the
Public Sector Management Act 1994.
(3) A person mentioned in subsection (1) is to be regarded as an
employee of an organisation for the purposes of Part 6 of the
15 Public Sector Management Act 1994, and RWWA is to be
regarded as the employing authority for the purposes of that
Part.
(4) A person mentioned in subsection (1) who elects in writing to
the Minister to be registered under Part 4 of the Public Sector
20 Management (Redeployment and Redundancy)
Regulations 1994 is to be registered under that Part.
(5) Subsections (3) and (4) cease to apply at the expiration of
2 years after the appointed day.
(6) A person mentioned in subsection (1) is to be regarded as
25 having been engaged under section 22 of the RWWA Act.
Subdivision 4 -- General transitional provisions
43. Annual report for part of a year
The accountable authority, as defined in the Financial
Administration and Audit Act 1985, of the TAB is to report in
30 respect of that body as required by section 66 of that Act, but
page 26
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Totalisator Agency Board Betting Act 1960 amended and Part 4
repealed, transitional and savings provisions, and
consequential amendments
Transitional and savings provisions Division 3
s. 44
limited to the period from the preceding 1 August to the
appointed day, and Division 14 of Part II of that Act applies as
if that period were a full financial year.
44. Completion of things commenced
5 Anything commenced to be done by the TAB under the TABB
Act before the appointed day may be continued by RWWA so
far as the doing of that thing is within the functions of RWWA
after the appointed day.
45. Continuing effect of things done
10 Any act, matter or thing done or omitted to be done before the
appointed day by, to or in respect of the TAB, to the extent that
that act, matter or thing --
(a) has any force; and
(b) is not governed by section 37(f),
15 is to be taken to have been done or omitted by, to or in respect
of RWWA so far as the act, matter or thing is relevant to
RWWA.
46. Immunity to continue
Despite the RWWA Act, where the TAB had the benefit of any
20 immunity in respect of an act, matter or thing done or omitted
before the appointed day, that immunity continues in that
respect for the benefit of RWWA.
47. Agreements and instruments generally
(1) This section applies to any agreement or instrument subsisting
25 immediately before the appointed day that does not come within
the provisions of section 37(c).
(2) Any agreement or instrument to which this section applies --
(a) to which the TAB was a party; or
page 27
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 4 Totalisator Agency Board Betting Act 1960 amended and
repealed, transitional and savings provisions, and
consequential amendments
Division 3 Transitional and savings provisions
s. 48
(b) which contains a reference to the TAB,
has effect after the appointed day as if --
(c) RWWA were substituted for the TAB as a party to the
agreement or instrument; and
5 (d) any reference in the agreement or instrument to the TAB
were (unless the context otherwise requires) a reference
to RWWA.
48. Rules and regulations -- continuation and expiry
(1) Subject to subsection (6), rules made by the TAB under the
10 TABB Act that were in force immediately before the appointed
day continue in force with such changes as are necessary on and
after the appointed day as if they were rules of wagering made
under section 120 of the RWWA Act.
(2) Subsection (1) does not continue the operation of any rule that
15 could not be made as a rule of wagering under section 120 of
the RWWA Act or a regulation under section 121 of the
RWWA Act.
(3) Subject to subsection (6), regulations made under the TABB
Act or continued under section 57(4) of the TABB Act that were
20 in force immediately before the appointed day continue in force
with such changes as are necessary on and after the appointed
day as if they were regulations made under section 121 of the
RWWA Act.
(4) Subsection (3) does not continue the operation of any regulation
25 that could not be made as a rule of wagering under section 120
of the RWWA Act or a regulation under section 121 of the
RWWA Act.
(5) A reference in the RWWA Act to the rules of wagering or
regulations includes a reference to the rules or regulations in
30 force under this section.
(6) The rules and regulations continued in force under
subsections (1) and (3) expire 12 months after the appointed
page 28
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Totalisator Agency Board Betting Act 1960 amended and Part 4
repealed, transitional and savings provisions, and
consequential amendments
Consequential amendments Division 4
s. 49
day, or on a day fixed by order of the Minister published in the
Gazette, whichever is the earlier day.
49. TAB to perform necessary transitional functions
(1) Despite the repeal of the TABB Act by section 32 of this Act,
5 the TAB continues in existence for the purpose of --
(a) reporting as required by section 43; and
(b) performing the functions described in section 37(g).
(2) The accountable authority, as defined in the Financial
Administration and Audit Act 1985, also continues in existence
10 for the purpose described in subsection (1)(a).
Division 4 -- Consequential amendments
50. Constitution Acts Amendment Act 1899 amended
(1) The amendment in this section is to the Constitution Acts
Amendment Act 1899*.
15 [* Reprinted as at 8 June 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 72 and Acts Nos. 24 and 25 of
2001, and 5, 20 and 30 of 2002.]
(2) Schedule V Part 3 is amended by deleting the item relating to
20 the Totalisator Agency Board.
51. Financial Administration and Audit Act 1985 amended
(1) The amendment in this section is to the Financial
Administration and Audit Act 1985*.
[* Reprinted as at 16 September 2002.
25 For subsequent amendments see Acts Nos. 30 and 38 of
2002.]
(2) Schedule 1 is amended by deleting "Totalisator Agency Board".
page 29
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 4 Totalisator Agency Board Betting Act 1960 amended and
repealed, transitional and savings provisions, and
consequential amendments
Division 4 Consequential amendments
s. 52
52. Statutory Corporations (Liability of Directors) Act 1996
amended
(1) The amendment in this section is to the Statutory Corporations
(Liability of Directors) Act 1996*.
5 [* Reprinted as at 10 August 2001.
For subsequent amendments see Acts Nos. 25 of 2001 and 30
of 2002.]
(2) Schedule 1 is amended by deleting the item relating to the
Totalisator Agency Board.
page 30
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Totalisator Agency Board Betting Act 1960 amended and Part 5
repealed, transitional and savings provisions, and
consequential amendments
Repeal Division 1
s. 53
Part 5 -- Racecourse Development Act 1976 repealed,
transitional and savings provisions, and consequential
amendments
Division 1 -- Repeal
5 53. Racecourse Development Act 1976 repealed
The Racecourse Development Act 1976 is repealed.
Division 2 -- Transitional and savings provisions
Subdivision 1 -- Preliminary
54. Definitions
10 In this Part --
"RD Act" means the Racecourse Development Act 1976;
"RDT" means the Racecourse Development Trust established
by the RD Act;
"RDT Fund" means the Racecourse Development Trust Fund
15 established and maintained under the RD Act.
Subdivision 2 -- Devolution of RDT's assets and liabilities
55. Transfer of assets and liabilities to RWWA
On and after commencement day --
(a) the assets and rights of the RDT vest in RWWA by
20 force of this section;
(b) the liabilities of the RDT (including a share of a
liability) become, by force of this section, the liabilities
of RWWA;
(c) any agreement or instrument relating to the assets, rights
25 and liabilities referred to in paragraphs (a) and (b) has
page 31
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 5 Totalisator Agency Board Betting Act 1960 amended and
repealed, transitional and savings provisions, and
consequential amendments
Division 2 Transitional and savings provisions
s. 56
effect, by force of this section, as if RWWA were
substituted for the RDT in the agreement or instrument;
(d) RWWA is a party to any proceedings by or against the
RDT commenced before commencement day;
5 (e) any proceeding or remedy that might have been
commenced by or available against or to the RDT in
relation to the assets, rights and liabilities referred to in
paragraphs (a) and (b), may be commenced and are
available, by or against or to RWWA;
10 (f) any act, matter or thing done or omitted to be done in
relation to the assets, rights and liabilities referred to in
paragraphs (a) and (b) before commencement day by, to
or in respect of the RDT (to the extent that that act,
matter or thing has any force or effect) is to be taken to
15 have been done or omitted by, to or in respect of
RWWA;
(g) the RDT is to deliver to RWWA all registers, papers,
documents, minutes, receipts, books of account and
other records (however compiled, recorded or stored)
20 relating to --
(i) the assets, rights and liabilities referred to in
paragraphs (a) and (b); and
(ii) proceedings referred to in paragraph (d).
56. Racecourse Development Trust Fund
25 (1) On and after commencement day --
(a) any moneys standing to the credit of the RDT Fund
under the RD Act;
(b) all moneys being repayment of loans from the RDT to
racing clubs or allied bodies under the RD Act;
30 (c) all moneys paid by way of interest charged on or in
connection with loans made from the RDT Fund to
racing clubs or allied bodies;
page 32
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Totalisator Agency Board Betting Act 1960 amended and Part 5
repealed, transitional and savings provisions, and
consequential amendments
Transitional and savings provisions Division 2
s. 56
(d) income from the investment of moneys standing to the
credit of the RDT Fund; and
(e) any other moneys that, but for the repeal of the RD Act,
would have been credited to the Fund,
5 are to be credited to an account maintained by RWWA under
section 88 of the RWWA Act.
(2) The moneys credited to an account under subsection (1) are to
be administered in 2 allocations namely --
(a) the thoroughbred allocation; and
10 (b) the harness allocation.
(3) Moneys credited --
(a) under subsection (1)(a) are to be allocated to the
thoroughbred allocation or harness allocation according
to which allocation they were administered under the
15 RD Act;
(b) under subsection (1)(b) or (1)(c) are to be allocated to
the thoroughbred allocation or harness allocation
according to whether the loan to which they relate was
made from the racing allocation or the trotting allocation
20 under the RD Act;
(c) under subsection (1)(d) or (1)(e) are to be allocated to
the thoroughbred allocation or harness allocation at the
discretion of RWWA.
(4) The moneys referred to in subsection (1) are to be applied by
25 RWWA only --
(a) in payment of any liabilities of the RDT that have
become liabilities of RWWA under section 55(b); and
(b) after allowing for payments under paragraph (a), for the
purposes of thoroughbred and harness racing and
30 training infrastructure.
page 33
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 5 Totalisator Agency Board Betting Act 1960 amended and
repealed, transitional and savings provisions, and
consequential amendments
Division 2 Transitional and savings provisions
s. 57
(5) The payment under subsection (4)(a) of liabilities in respect of
thoroughbred racing is to be made from the thoroughbred
allocation.
(6) The payment under subsection (4)(a) of liabilities in respect of
5 harness racing is to be made from the harness allocation.
57. Directions by the RDT
(1) Any direction given by the RDT to a racing club or allied body
under section 7B of the RD Act is to continue in force after
commencement day.
10 (2) If a racing club or allied body fails to comply with a direction
continued under subsection (1), RWWA may, under section 94
of the RWWA Act, vary the terms and conditions of a loan or
grant given to that racing club or allied body.
58. Loans and grants under RD Act
15 Sections 94 and 96 of the RWWA Act apply to a loan or grant
made under the RD Act as if the loan or grant were made by
RWWA under Part 7 Division 2 of the RWWA Act.
59. Exemption from State taxation
(1) In this section --
20 "State tax" includes stamp duty chargeable under the Stamp
Act 1921 and any other tax, duty, fee, levy or charge under
a law of the State.
(2) State tax is not payable in relation to --
(a) anything that occurs by the operation of this Division; or
25 (b) anything done (including a transaction entered into or an
instrument or document of any kind made, executed,
lodged or given) under this Division, or to give effect to
this Division, or for a purpose connected with or arising
out of, giving effect to this Division.
page 34
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Totalisator Agency Board Betting Act 1960 amended and Part 5
repealed, transitional and savings provisions, and
consequential amendments
Transitional and savings provisions Division 2
s. 60
(3) The Treasurer or a person authorised by the Treasurer may, on
request by RWWA, certify in writing that --
(a) a specified thing occurred by the operation of this
Division; or
5 (b) a specified thing was done under this Division, or to
give effect to this Division, or for a purpose connected
with or arising out of giving effect to this Division.
(4) For all purposes and in all proceedings, a certificate under
subsection (3) is conclusive evidence of the matters it certifies,
10 except so far as the contrary is shown.
60. Registration of documents
(1) The relevant officials are to take notice of the provisions of this
Division and are empowered to record and register in the
appropriate manner the documents necessary to give effect to
15 this Division.
(2) Without limiting subsection (1), a statement in an instrument
executed by RWWA that any estate or interest in land or other
property has become vested in it is evidence of that fact.
(3) In subsection (1) --
20 "relevant officials" means the Registrar of Titles, the Registrar
of Deeds, the Minister administering the Land
Administration Act 1997 and any other person authorised
by a written law to record and give effect to the registration
of documents relating to transactions affecting any estate or
25 interest in land or any other property.
61. Saving
The operation of section 55 is not to be regarded --
(a) as a breach of contract or confidence or otherwise as a
civil wrong;
page 35
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 5 Totalisator Agency Board Betting Act 1960 amended and
repealed, transitional and savings provisions, and
consequential amendments
Division 2 Transitional and savings provisions
s. 62
(b) as a breach of any contractual provision prohibiting,
restricting or regulating the assignment or transfer of
assets, rights or liabilities or the disclosure of
information;
5 (c) as giving rise to any remedy by a party to an instrument
or as causing or permitting the termination of any
instrument, because of a change in the beneficial or legal
ownership of any assets, right or liability;
(d) as causing any contract or instrument to be void or
10 otherwise unenforceable; or
(e) as releasing or allowing the release of any surety.
Subdivision 3 -- General transitional provisions
62. Annual report for part of a year
The accountable authority, as defined in the Financial
15 Administration and Audit Act 1985, of the RDT is to report in
respect of that body as required by section 66 of that Act, but
limited to the period from the preceding 1 August to
commencement day, and Division 14 of Part II of that Act
applies as if that period were a full financial year.
20 63. Completion of things commenced
Anything commenced to be done by the RDT under the RD Act
before commencement day may be continued by RWWA so far
as the doing of that thing is within the functions of RWWA after
commencement day.
25 64. Continuing effect of things done
Any act, matter or thing done or omitted to be done before
commencement day by, to or in respect of the RDT, to the
extent that that act, matter or thing --
(a) has any force; and
page 36
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Totalisator Agency Board Betting Act 1960 amended and Part 5
repealed, transitional and savings provisions, and
consequential amendments
Transitional and savings provisions Division 2
s. 65
(b) is not governed by section 55(f),
is to be taken to have been done or omitted by, to or in respect
of RWWA so far as the act, matter or thing is relevant to
RWWA.
5 65. Immunity to continue
Despite the RWWA Act, where the RDT had the benefit of any
immunity in respect of an act, matter or thing done or omitted
before commencement day, that immunity continues in that
respect for the benefit of RWWA.
10 66. Agreements and instruments generally
(1) This section applies to any agreement or instrument subsisting
immediately before commencement day that does not come
within the provisions of section 55(c).
(2) Any agreement or instrument to which this section applies --
15 (a) to which the RDT was a party; or
(b) which contains a reference to the RDT,
has effect after commencement day as if --
(c) RWWA were substituted for the RDT as a party to the
agreement or instrument; and
20 (d) any reference in the agreement or instrument to the RDT
were (unless the context otherwise requires) a reference
to RWWA.
67. RDT to perform necessary transitional functions
(1) Despite the repeal of the RD Act by section 53 of this Act, the
25 RDT continues in existence for the purpose of --
(a) reporting as required by section 62; and
(b) performing the functions described in section 55(g).
page 37
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 5 Totalisator Agency Board Betting Act 1960 amended and
repealed, transitional and savings provisions, and
consequential amendments
Division 3 Consequential amendments
s. 68
(2) The accountable authority, as defined in the Financial
Administration and Audit Act 1985, also continues in existence
for the purpose described in subsection (1)(a).
Division 3 -- Consequential amendments
5 68. Consequential amendments to other Acts
(1) Schedule V Part 3 to the Constitution Acts Amendment
Act 1899* is amended by deleting the item relating to the
Racecourse Development Trust.
[* Reprinted as at 8 June 2001.
10 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 72 and Acts Nos. 24 and 25 of
2001, and 5, 20 and 30 of 2002.]
(2) Schedule 1 to the Financial Administration and Audit Act 1985*
is amended by deleting "Racecourse Development Trust".
15 [* Reprinted as at 16 September 2002.
For subsequent amendments see Acts Nos. 30 and 38 of
2002.]
page 38
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Racing Restriction Act 1917 and Racing Restriction Act 1927 Part 6
repealed, savings provisions and consequential amendments
Repeals Division 1
s. 69
Part 6 -- Racing Restriction Act 1917 and Racing
Restriction Act 1927 repealed, savings provisions and
consequential amendments
Division 1 -- Repeals
5 69. Racing Restriction Act 1917 repealed
The Racing Restriction Act 1917 is repealed.
70. Racing Restriction Act 1927 repealed
The Racing Restriction Act 1927 is repealed.
Division 2 -- Savings provisions
10 71. Ministerial directions
Any direction given by the Minister under section 2(2) or 3(2)
of the Racing Restriction Act 1917 continues in force as if the
direction had been given by the Minister under section 13 or 14
of the Racing Restriction Act 2003.
15 72. Offender may be punished
Despite section 11 of The Criminal Code, a person may be
punished after the commencement of section 69 of this Act for
an offence against repealed section 4 of the Racing Restriction
Act 1917.
20 Division 3 -- Consequential amendments
73. Anzac Day Act 1960 amended
(1) The amendments in this section are to the Anzac Day Act 1960*.
[* Reprinted as at 24 May 2002.]
page 39
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 6 Racing Restriction Act 1917 and Racing Restriction Act 1927
repealed, savings provisions and consequential amendments
Division 3 Consequential amendments
s. 73
(2) Section 4(1) is amended by deleting "Racing Restriction
Act 1917 or the Greyhound Racing Control Act 1972" and
inserting instead --
"
5 Racing and Wagering Western Australia Act 2003 or
the Racing Restriction Act 2003
".
(3) Section 4(5) is repealed.
(4) Section 5(3) is repealed and the following subsection is inserted
10 instead --
"
(3) In this section --
"metropolitan area" means the part of the State that
comprises the region described in the Third
15 Schedule to the Metropolitan Region Town
Planning Scheme Act 1959.
".
page 40
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Betting Control Act 1954 amended, transitional and savings Part 7
provisions, and consequential amendments
Amendments Division 1
s. 74
Part 7 -- Betting Control Act 1954 amended,
transitional and savings provisions, and
consequential amendments
Division 1 -- Amendments
5 74. Act amended
The amendments in this Division are to the Betting Control
Act 1954*.
[* Reprinted as at 12 April 2002.
For subsequent amendments see Act No. 13 of 2002.]
10 75. Long title amended
The long title is amended as follows:
(a) by deleting "or the Totalisator Agency Board" and
inserting instead --
" or RWWA ";
15 (b) by deleting "the Totalisator Agency Board; to repeal
certain Acts; to amend certain Acts;" and inserting
instead --
" RWWA; ".
76. Section 4 amended
20 Section 4(1) is amended as follows:
(a) by deleting the definitions of "Board" and "the Fund"
and "the TAB";
(b) by deleting the definition of "metropolitan area" and
inserting instead --
25 "
"metropolitan area" means the part of the State that
comprises the region described in the Third
Schedule to the Metropolitan Region Town
Planning Scheme Act 1959;
30 ";
page 41
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 7 Betting Control Act 1954 amended, transitional and savings
provisions, and consequential amendments
Division 1 Amendments
s. 76
(c) by inserting in the appropriate alphabetical positions the
following definitions --
"
"authorised officer" has the meaning given to that
5 term in the Gaming and Wagering Commission
Act 1987;
"Commission" means the Gaming and Wagering
Commission established under the Gaming and
Wagering Commission Act 1987;
10 ";
(d) by inserting in the appropriate alphabetical positions the
following definitions --
"
"RWWA" means Racing and Wagering Western
15 Australia established under the RWWA Act;
"RWWA Act" means the Racing and Wagering
Western Australia Act 2003;
"steward" means a steward appointed under the
RWWA Act;
20 ";
(e) in the definition of "ADI" by inserting "an" after
"means";
(f) in the definition of "approved area" by deleting
"controlling authority of " and inserting instead --
25 " authority controlling ";
(g) in the definition of "controlling interest" by deleting
"holds";
(h) in the definitions of "fixed odds bet" and "totalisator" by
deleting "Totalisator Agency Board Betting Act 1960"
30 and inserting instead --
" RWWA Act ".
page 42
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Betting Control Act 1954 amended, transitional and savings Part 7
provisions, and consequential amendments
Amendments Division 1
s. 77
77. Section 5 amended
(1) Section 5(1)(a) is amended by deleting ", except on Anzac Day
during the period ending at 12 noon".
(2) Section 5(3) is amended by inserting after "Gaming" the
5 following --
" and Wagering ".
78. Section 5A inserted
After section 5 the following section is inserted --
"
10 5A. Communication and broadcasting of information
Despite the provisions of any other Act it is lawful --
(a) to communicate information from a race course
or a venue at which an event, including a
sporting event, is held to a totalisator agency
15 for or in connection with the payment or
crediting of dividends or winnings to persons
making bets through RWWA; or
(b) in relation to a totalisator, to broadcast
information as to the amount of dividends
20 payable on any race or sporting event on which
the bets have been made through or with
RWWA, after those dividends have been
declared on the totalisator or by RWWA.
".
25 79. Sections 6 to 10 repealed
Sections 6, 6A, 6B, 6C, 6D, 6E, 6F, 6G, 7, 9 and 10 are
repealed.
page 43
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 7 Betting Control Act 1954 amended, transitional and savings
provisions, and consequential amendments
Division 1 Amendments
s. 80
80. Section 11D amended
(1) After section 11D(2) the following subsection is inserted --
"
(2a) The Board shall not grant a bookmaker's manager
5 licence or a bookmaker's employee licence to a person
under the age of 18 years.
".
(2) Section 11D(5)(b) is amended by deleting "controlling authority
of " and inserting instead --
10 " authority controlling ".
(3) Section 11D(6)(a) is amended by deleting "controlling authority
of " and inserting instead --
" authority controlling ".
81. Section 12 amended
15 (1) Section 12(3) is amended by deleting the passage from and
including "only -- " to the end of the subsection and inserting
instead --
"
only (except as regards betting on sporting events as
20 authorised and approved under section 4B) --
(a) during any day on which a race meeting is
conducted at the race course; or
(b) on other days, at times approved by both the
Board and the committee or other authority
25 controlling the race course.
".
(2) Section 12(3a) is amended by deleting "or other person
appointed by the committee or other authority controlling the
race course".
page 44
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Betting Control Act 1954 amended, transitional and savings Part 7
provisions, and consequential amendments
Amendments Division 1
s. 82
(3) Section 12(4) is amended by deleting "The committee or other
authority controlling a race course" and inserting instead --
" A steward ".
(4) Section 12(4a) is amended by deleting "The committee or other
5 authority controlling a race course" and inserting instead --
" A steward ".
(5) Section 12(5) is amended as follows:
(a) in paragraph (c) by deleting the semicolon and inserting
instead a full stop;
10 (b) by deleting paragraphs (d) and (e).
(6) After section 12(6) the following subsection is inserted --
"
(7) RWWA shall report to the Commission, as soon as is
practicable, the result of any hearing or appeal
15 conducted under the RWWA Act relating to --
(a) improper conduct; or
(b) a breach of this Act or of the rules of wagering
as defined in the RWWA Act,
on the part of a bookmaker, licensed manager or
20 licensed employee.
".
82. Section 12A amended
(1) Section 12A(1a) is amended by deleting "or other person
appointed under section 12(5)(e)".
25 (2) Section 12A(2) is amended by deleting "or other person" in the
5 places where it occurs.
(3) Section 12A(3) is amended by deleting "or other person".
(4) Section 12A(4) is amended by deleting "or other person" in
both places where it occurs.
30 (5) Section 12A(5a) is amended by deleting "or other person".
page 45
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 7 Betting Control Act 1954 amended, transitional and savings
provisions, and consequential amendments
Division 1 Amendments
s. 83
83. Section 15 amended
Section 15(5)(a) is amended by deleting "one-half of the total
amount so retained towards increasing stakes, and apply the
remaining half " and inserting instead --
5 " the amount so retained ".
84. Section 16 amended
Section 16(3a)(a) is amended by deleting "one-half of the total
amount so retained towards increasing stakes, and apply the
remaining half " and inserting instead --
10 " the amount so retained ".
85. Section 17B amended
After section 17B(8) the following subsection is inserted --
"
(9) Subject to this Act and regulations made under this
15 Act, a committee or other authority that is authorised to
possess a totalisator at a race course shall operate the
totalisator in accordance with the rules of wagering as
defined in the RWWA Act.
".
20 86. Section 17E amended
Section 17E(2) is amended by deleting "section 27 of the
Totalisator Agency Board Betting Act 1960" and inserting
instead --
" section 59 of the RWWA Act ".
page 46
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Betting Control Act 1954 amended, transitional and savings Part 7
provisions, and consequential amendments
Amendments Division 1
s. 87
87. Section 20 replaced by sections 20, 20A, 20B and 20C
Section 20 is repealed and the following sections are inserted
instead --
"
5 20. Entry and inspection of race courses and certain
other premises
(1) In this section --
"Commission representative" means --
(a) a member of the Commission;
10 (b) a person authorised by the Commission or
the Minister;
(c) an authorised officer; or
(d) a police officer.
(2) A Commission representative may at any time enter
15 without charge and inspect --
(a) a race course;
(b) premises to which section 5(2) applies;
(c) premises or a vehicle or vessel from or on
which a bookmaker carries on business;
20 (d) a venue at which a sporting event on which
betting takes place is being held; or
(e) a totalisator, totalisator agency or other
premises of RWWA.
(3) An inspection may be carried out under this section for
25 any or all of the following purposes --
(a) to ascertain whether a liability to pay a levy or
fee under this Act has been met;
(b) to gather information relevant to ascertaining
the amount of a levy or fee under this Act;
30 (c) to gather any information relevant to making a
decision under this Act;
page 47
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 7 Betting Control Act 1954 amended, transitional and savings
provisions, and consequential amendments
Division 1 Amendments
s. 87
(d) to audit records required to be kept under --
(i) this Act; or
(ii) the RWWA Act in relation to gambling;
(e) to gather evidence of a suspected contravention
5 of --
(i) this Act;
(ii) a condition of a licence, permit or
approval under this Act; or
(ii) the RWWA Act in relation to gambling;
10 (f) any other purpose relevant to the administration
of --
(i) this Act; or
(ii) the RWWA Act in relation to gambling.
(4) A Commission representative who is an authorised
15 officer shall, on first encountering a person apparently
in a position of authority on the premises, and also on
the reasonable request of any other person on the
premises, display his or her certificate of appointment
to the person.
20 20A. Powers of Commission representative
(1) When a Commission representative exercises his or her
powers of entry and inspection under section 20, the
Commission representative may do any or all of the
following --
25 (a) search the premises and examine anything on
the premises;
(b) take possession of, and remove from premises,
records, or anything else relevant to the
investigation, found in the course of the
30 inspection;
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Racing and Gambling Legislation Amendment and Repeal Bill 2003
Betting Control Act 1954 amended, transitional and savings Part 7
provisions, and consequential amendments
Amendments Division 1
s. 87
(c) take extracts from or make copies of, or
download or print out, any records found in the
course of the inspection;
(d) photograph or film anything on the premises;
5 (e) if anything on the premises that is relevant to
the inspection cannot be conveniently
removed -- secure it against interference;
(f) require any person who is on the premises --
(i) to state his or her full name and address;
10 (ii) to answer (orally or in writing)
questions put by the Commission
representative that are relevant to the
investigation;
(iii) to give the Commission representative
15 any information, record or other thing in
the person's possession or control that is
likely to be relevant to the inspection;
(iv) to operate or allow the Commission
representative to operate equipment or
20 facilities on the premises for inspection
purposes;
(v) to give the Commission representative
any translation, code, password or other
information necessary to gain access to
25 or to interpret and understand any
document or information located or
obtained by the Commission
representative in the course of the
inspection;
30 (vi) to give other assistance that the
Commission representative reasonably
requires to carry out the inspection.
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Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 7 Betting Control Act 1954 amended, transitional and savings
provisions, and consequential amendments
Division 1 Amendments
s. 87
(2) A person who --
(a) does not comply with a requirement under
subsection (1)(f);
(b) gives a Commission representative information
5 that the person knows to be false or misleading
in a material particular; or
(c) hinders, delays or obstructs a Commission
representative in carrying out functions under
this section,
10 commits an offence.
Penalty: $5 000.
(3) Nothing in this section or section 20 derogates from the
powers of a Commission representative who is a police
officer.
15 (4) A Commission representative is not authorised under
this section to take anything from any place unless he
or she --
(a) gives the occupier or another person apparently
responsible to the occupier a receipt for the
20 thing taken, if requested to do so by the
occupier or other person; or
(b) if the occupier or a person apparently
responsible to the occupier is not present,
leaves a receipt for the thing taken, in an
25 envelope addressed to the occupier, in a
prominent position on the premises;
(5) A receipt shall be in a form approved by the
Commission.
(6) The Commission shall ensure that a person from whom
30 a record or anything else is taken under this section and
who would otherwise be entitled to possession of it is
page 50
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Betting Control Act 1954 amended, transitional and savings Part 7
provisions, and consequential amendments
Amendments Division 1
s. 87
given a copy of it, or reasonable access to it, as
appropriate.
(7) If a Commission representative takes possession of
anything under this section, the Commission shall
5 ensure that it is returned to the person entitled to
possession of it as follows --
(a) if it was taken in connection with the
prosecution or possible prosecution of a
suspected contravention of this Act or the
10 RWWA Act -- as soon as practicable after the
relevant prosecution is completed or
discontinued or, if no prosecution is
commenced, as soon as practicable after the
decision is made not to prosecute the suspected
15 contravention;
(b) if it was an instrument on which a levy or fee
was payable under this Act -- as soon as
practicable after assessment and payment of the
relevant levy or fee;
20 (c) in any other case -- within 28 days after it was
taken.
20B. Requirement to provide information
(1) In this section --
"authorised person" means --
25 (a) an authorised officer;
(b) a steward appointed under the RWWA Act.
(2) This section applies to --
(a) a bookmaker;
(b) the licensed manager of a bookmaker;
30 (c) any licensed employee or other person who the
authorised officer has reason to believe is or
has been acting on behalf of a bookmaker;
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Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 7 Betting Control Act 1954 amended, transitional and savings
provisions, and consequential amendments
Division 1 Amendments
s. 87
(d) a member or executive officer of the committee
or other authority controlling a race course or
race meeting;
(e) any employee or agent of a racing club.
5 (3) An authorised person may require a person to whom
this section applies to --
(a) produce for inspection specified material
relating to betting or material of a specified
class relating to betting, in the person's
10 possession or control; or
(b) answer questions relating to betting.
(4) An authorised person may make and retain a copy of
the whole or any part of any thing produced to that
person under subsection (3)(a).
15 (5) When requiring a bookmaker or other person to do
anything under subsection (3), the authorised person
shall display to that person --
(a) the certificate appointing the person as an
authorised officer; or
20 (b) the notice authorising the person to act as an
authorised person.
(6) A person who --
(a) does not comply with a requirement under
subsection (3);
25 (b) gives an authorised person information that the
person knows to be false or misleading in a
material particular; or
(c) hinders, delays or obstructs an authorised
person in carrying out functions under this
30 section,
commits an offence.
Penalty: $5 000.
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Racing and Gambling Legislation Amendment and Repeal Bill 2003
Betting Control Act 1954 amended, transitional and savings Part 7
provisions, and consequential amendments
Amendments Division 1
s. 88
(7) Nothing in this section derogates from the powers of an
authorised person who is a police officer.
20C. Complying with information requirements
(1) A person is not excused from complying with a
5 requirement under section 20A or 20B to provide
information, records or any other thing on the grounds
that complying with the requirement would tend to
incriminate the person or render the person liable to a
penalty.
10 (2) However, information, a record or other thing provided
by the person in compliance with the requirement is not
admissible in evidence in any proceedings against the
person for an offence, other than an offence against this
Act or the RWWA Act.
15 ".
88. Section 23 amended
Section 23(1) is repealed and the following subsection is
inserted instead --
"
20 (1) A person shall not personally or by means of an agent,
or by post, telephone or other electronic means of
communication --
(a) make a bet at or in a place; or
(b) be at or in a public place for the purpose of
25 betting,
unless --
(c) the place is --
(i) premises to which section 5(2) for the
time being applies;
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Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 7 Betting Control Act 1954 amended, transitional and savings
provisions, and consequential amendments
Division 1 Amendments
s. 89
(ii) a race course where a race meeting is
being held under a licence issued by
RWWA under the RWWA Act or the
Racing Restriction Act 2003;
5 (iii) a part of a race course where for the
time being a bookmaker is permitted by
section 12(3) to bet or carry on business
as such on that race course; or
(iv) a registered place;
10 (d) the bet is made --
(i) by means of a totalisator authorised to
operate under a written law;
(ii) as a fixed odds bet with RWWA in
accordance with a written law; or
15 (iii) with a bookmaker in accordance with
this Act;
or
(e) the bet constitutes permitted gaming, or social
gambling, as defined in the Gaming and
20 Wagering Commission Act 1987.
Penalty: $10 000, or 24 months imprisonment, or both.
".
89. Section 27 replaced
Section 27 is repealed and the following section is inserted
25 instead --
"
27. Penalty on owner or occupier of premises used for
unlawful betting
An owner or occupier of a place shall not open, use, or
30 permit the use of the place for betting by any means,
whether in person or by means of an agent, or by post,
page 54
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Betting Control Act 1954 amended, transitional and savings Part 7
provisions, and consequential amendments
Amendments Division 1
s. 90
telephone or other electronic means of communication,
unless --
(a) the place is --
(i) a race course where a race meeting is
5 being held under a licence issued by
RWWA under the RWWA Act or the
Racing Restriction Act 2003;
(ii) at the time it is opened or used or
permitted to be used for betting, a part
10 of a race course where a bookmaker is
for the time being permitted under
section 12(3) to bet or carry on business
as a bookmaker; or
(iii) a registered place;
15 (b) the betting is carried on --
(i) by means of a totalisator authorised to
operate under a written law; or
(ii) in accordance with this Act;
(c) the provisions of section 5(2) apply;
20 (d) the betting is done in accordance with the
provisions of the RWWA Act; or
(e) the betting constitutes permitted gaming, or
social gambling, as defined in the Gaming and
Wagering Commission Act 1987.
25 Penalty: $10 000, or 24 months imprisonment, or both.
".
90. Section 27A inserted
After section 27 the following section is inserted --
"
30 27A. Offshore betting
(1) In this section --
"authorised person" means --
(a) a bookmaker;
page 55
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 7 Betting Control Act 1954 amended, transitional and savings
provisions, and consequential amendments
Division 1 Amendments
s. 90
(b) a person authorised under the law of another
State or Territory to engage in or conduct
betting on races; or
(c) an offshore betting operator granted an
5 exemption by the Commission under this
section;
"offshore bet" means a bet made --
(a) on a race conducted in Australia;
(b) by telephone or electronically by means of
10 the internet, subscription television or any
other on-line communications system; and
(c) with a person who is outside the State
(including a person who is outside
Australia);
15 "offshore betting operator" means a person
authorised under the law of a jurisdiction outside
Australia to engage in or conduct betting on races.
(2) A person in this State who makes an offshore bet with
a person whom the person making the bet knows, or
20 would be reasonably expected to know, is not an
authorised person commits an offence.
Penalty: $5 000, or 12 months imprisonment, or both.
(3) A person who --
(a) is in possession of a record that is kept or used
25 in connection with, or that relates to, an
offshore bet; and
(b) knows, or would be reasonably expected to
know, that the person with whom the offshore
bet was made is not an authorised person,
30 commits an offence.
Penalty: $5 000, or 12 months imprisonment, or both.
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Betting Control Act 1954 amended, transitional and savings Part 7
provisions, and consequential amendments
Amendments Division 1
s. 91
(4) On an application in a form approved by the
Commission accompanied by the prescribed fee, and
on such supporting information as the Commission
may direct being furnished to the satisfaction of the
5 Commission, the Commission may grant an offshore
betting operator an exemption for the purposes of this
section.
(5) The Commission may refuse to grant an offshore
betting operator an exemption for the purposes of this
10 section if the Commission, having regard to --
(a) whether the jurisdiction which granted the
authorisation to engage in or conduct betting on
races applies similar standards to those that
would apply to an authorisation granted in
15 Australia; and
(b) any arrangements made by the offshore betting
operator with Australian racing organisations in
relation to engaging in or conducting betting on
races,
20 is satisfied that the exemption would not be in the
public interest.
".
91. Section 28A amended
(1) Section 28A(1) is amended as follows:
25 (a) by inserting after "Police Force" the following --
" or authorised officer ";
(b) by deleting "form in Schedule 2" and inserting
instead --
" prescribed form ".
30 (2) Section 28A(2) is amended by deleting "the member of the
Police Force therein named" and inserting instead --
" the holder ".
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provisions, and consequential amendments
Division 1 Amendments
s. 92
(3) Section 28A(3) is amended by deleting "or 27" and inserting
instead --
" , 27 or 27A ".
92. Section 28B amended
5 Section 28B is amended by deleting "or 27" and inserting
instead --
" 27 or 27A ".
93. Section 29 amended
Section 29 is amended by deleting "section 33 of the Totalisator
10 Agency Board Betting Act 1960" and inserting instead --
" section 63 of the RWWA Act ".
94. Section 30A repealed
Section 30A is repealed.
95. Section 31 amended
15 Section 31(1)(a)(ii) is amended by deleting "controlling
authority of " and inserting instead --
" authority controlling ".
96. Section 33 amended
(1) Section 33(1)(b)(xii) is deleted.
20 (2) Section 33(2) is amended by deleting "Any rules of a kind
referred to in subsection (3) or regulations made under this Act
or the Totalisator Agency Board Betting Act 1960" and inserting
instead --
"
25 Any rules made under section 120 of the RWWA Act,
regulations made under section 121 of the RWWA Act
or regulations made under this Act
".
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Betting Control Act 1954 amended, transitional and savings Part 7
provisions, and consequential amendments
Amendments Division 1
s. 97
(3) Section 33(3) is repealed and the following subsection is
inserted instead --
"
(3) In subsection (2) a reference to rules or regulations
5 made under the RWWA Act includes a reference to
rules or regulations continued under section 48 of the
Racing and Gambling Legislation Amendment and
Repeal Act 2003 and in force.
".
10 97. Section 34 repealed
Section 34 is repealed.
98. Section 36 repealed
Section 36 is repealed.
99. Schedule 1 repealed
15 Schedule 1 is repealed.
100. Schedule 2 repealed
Schedule 2 is repealed.
101. Headings to Parts inserted
(1) Before section 1 the following Part heading is inserted --
20 "
Part 1 -- Preliminary
".
(2) Before section 11 the following Part heading is inserted --
"
25 Part 2 -- Licences, approvals and permits
".
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Racing and Gambling Legislation Amendment and Repeal Bill 2003
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provisions, and consequential amendments
Division 1 Amendments
s. 102
(3) Before section 14 the following Part heading is inserted --
"
Part 3 -- Levies and totalisators
".
5 (4) Before section 19 the following Part heading is inserted --
"
Part 4 -- Enforcement and offences
".
(5) Before section 33 the following Part heading is inserted --
10 "
Part 5 -- Miscellaneous
".
102. References to "Board" amended
In each place listed in the Table to this section "Board" is
15 deleted and the following is inserted instead --
" Commission ".
Table
s. 4(1a) s. 12(6)
s. 4A(2)(a) (twice) s. 12A(1)
s. 4A(3) (twice) s. 12A(1a)
s. 4A(4) (twice) s. 12A(2)
s. 4A(5) s. 12A(3)
s. 4A(7) (twice) s. 12A(5)(b)
s. 4B(1) s.12A(5a)(b)
s. 4B(2) s. 13(5) (twice)
s. 4B(5) s. 14(1) (definition of "turnover")
s. 5(2) s. 15(2)
s. 5(2a) s. 15(3)(c)
s. 5(2b) s. 15(4) (twice)
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provisions, and consequential amendments
Amendments Division 1
s. 102
s. 11(1) s. 15(5)(b) (4 times)
s. 11(2) (5 times) s. 15(6) (twice)
s. 11(3) (3 times) s. 15(7)
s. 11(4)(a) s. 16(2)
s. 11(5) (3 times) s. 16(3) (3 times)
s. 11(6) (3 times) s. 16(3a)(b) (4 times)
s. 11A(1) (twice) s. 16(3b) (twice)
s. 11A(2) s. 16(3c)
s. 11A(4) s. 16(3d)
s. 11B(1) (twice) s. 16A(1)(a), (b), (c)(i), (f), (h),
(j) (3 times)
s. 11B(2) (twice) s. 17 (3 times)
s. 11B(3) s. 17A(5)
s. 11B(4) s. 17B(1)(a)(ii) and (b)
s. 11B(5) s. 17D (4 times)
s. 11B(6) (twice) s. 18A(1) (4 times)
s. 11B(7) s. 18A(2) (twice)
s. 11B(12) s. 18B(1) (twice)
s. 11B(13) s. 18B(2) (6 times)
s. 11B(14) s. 18B(3)(a)
s. 11C(1) (twice) s. 18B(5) (twice)
s. 11C(2) s. 18B(6) (3 times)
s. 11C(3) (3 times) s. 19(1) (twice)
s. 11C(4) s. 19A
s. 11C(11) s. 31(1)(g)
s. 11C(12) s. 31A(2)(a), (b) and (e)
s. 11C(13) s. 31A(3)
s. 11D(1) (twice) s. 32(1)(b)
s. 11D(2) s. 32(2) (4 times)
s.11D(2a)(as inserted by s. 32(4)(a) and (b)
section 80(1) of this Act)
s. 11D(3) s. 32(5) (3 times)
s. 11D(5)(c) s. 32A(1) (twice)
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Racing and Gambling Legislation Amendment and Repeal Bill 2003
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provisions, and consequential amendments
Division 1 Amendments
s. 103
s. 11D(6)(b) s. 32A(2) (3 times)
s. 11E(1) (6 times) s. 32A(3) (twice)
s. 11E(2) (5 times) s. 32A(4) (twice)
s. 11E(3) (8 times) s. 32A(5)(a)
s. 11E(4) (twice) s. 32A(6)(a) and (c)
s. 11E(5) (5 times) s. 33(1)(b)(v) and (va)
s. 11F(1) Schedule 3 clause 2 (twice)
s. 11F(2) Schedule 3 clause 3 (twice)
s. 11G(1)(a) Schedule 3 clause 4
s. 11G(3)(a)
s.12(3)(as amended by
section 81(1) of this Act)
s. 12(4a)(a)(iv)
s. 12(5) (5 times)
103. References to "the TAB" amended
In each place listed in the Table to this section "the TAB" is
deleted and the following is inserted instead --
" RWWA ".
5 Table
s. 4(1)(definitions of s. 28C(c)
"bookmaker" (twice),
"totalisator agency" (twice))
s. 17E(1) (5 times) s. 28E(a)
s. 17E(2) (twice) s. 28F(1)(a) (3 times) and (b)
s. 17EA(1) (twice) s. 28F(2)(a) and (b) (twice)
s. 17EA(2) s. 28G
s. 21(2)(d) s. 29 (4 times)
s. 21(3)(c) s. 33(1)(b)(x)
s. 21(4)(a) (twice) s. 33(2) (twice)
s. 22(2)(b)
s. 25(3) (twice)
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Racing and Gambling Legislation Amendment and Repeal Bill 2003
Betting Control Act 1954 amended, transitional and savings Part 7
provisions, and consequential amendments
Transitional and savings provisions Division 2
s. 104
Division 2 -- Transitional and savings provisions
Subdivision 1 -- Preliminary
104. Intention
The intention of the provisions of this Division is that the
5 Commission will, in accordance with these provisions, stand in
place of and be the successor to the BCB.
105. Definitions
In this Division, unless the contrary intention appears --
"BCB" means the Betting Control Board established under the
10 BC Act;
"BC Act" means the Betting Control Act 1954;
"Commission" means the Gaming and Wagering Commission
established under section 4 of the Gaming and Wagering
Commission Act 1987.
15 Subdivision 2 -- Devolution of the BCB's assets and liabilities
106. Transfer of assets and liabilities to Commission
On and after the appointed day --
(a) the assets and rights of the BCB vest in the Commission
by force of this section;
20 (b) the liabilities of the BCB (including a share of a
liability) become, by force of this section, the liabilities
of the Commission;
(c) any agreement or instrument relating to the assets, rights
and liabilities referred to in paragraphs (a) and (b) has
25 effect, by force of this section, as if the Commission
were substituted for the BCB in the agreement or
instrument;
(d) the Commission is a party to any proceedings by or
against the BCB commenced before the appointed day;
30 (e) any proceeding or remedy that might have been
commenced by or available against or to the BCB in
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Division 2 Transitional and savings provisions
s. 107
relation to the assets, rights and liabilities referred to in
paragraphs (a) and (b), may be commenced and are
available, by or against or to the Commission;
(f) any act, matter or thing done or omitted to be done in
5 relation to the assets, rights and liabilities referred to in
paragraphs (a) and (b) before the appointed day by, to or in
respect of the BCB (to the extent that that act, matter or
thing has any force or effect) is to be taken to have been
done or omitted by, to or in respect of the Commission;
10 (g) the BCB is to deliver to the Commission all registers,
papers, documents, minutes, receipts, books of account
and other records (however compiled, recorded or
stored) relating to --
(i) the assets, rights and liabilities referred to in
15 paragraphs (a) and (b); and
(ii) proceedings referred to in paragraph (d).
107. Western Australian Betting Control Board Fund
(1) On the appointed day, any funds standing to the credit of the
Western Australian Betting Control Board Fund established
20 under section 9 of the BC Act are --
(a) in the case of moneys held by the Board in respect of
payments of bookmakers' betting levy made under
section 15 of the BC Act in relation to betting of the
kind referred to in sections 4A and 4B of the BC Act, to
25 be credited to the Sports Wagering Account referred to
in section 110A of the Gaming and Wagering
Commission Act 1987; and
(b) in the case of all other moneys, to be credited to the
Gaming and Wagering Commission Account established
30 under section 9 of the Gaming and Wagering
Commission Act 1987,
and the Western Australian Betting Control Board Fund is then
to be closed.
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provisions, and consequential amendments
Transitional and savings provisions Division 2
s. 108
(2) If in an agreement, instrument or other document there is a
reference to the Western Australian Betting Control Board
Fund, that reference is, unless the context otherwise requires, to
be read or to have effect on and after the appointed day as if it
5 were a reference to the Gaming and Wagering Commission
Account established under section 9 of the Gaming and
Wagering Commission Act 1987.
108. Exemption from State taxation
(1) In this section --
10 "State tax" includes stamp duty chargeable under the Stamp
Act 1921 and any other tax, duty, fee, levy or charge under
a law of the State.
(2) State tax is not payable in relation to --
(a) anything that occurs by the operation of this Division; or
15 (b) anything done (including a transaction entered into or an
instrument or document of any kind made, executed,
lodged or given) under this Division, or to give effect to
this Division, or for a purpose connected with or arising
out of, giving effect to this Division.
20 (3) The Treasurer or a person authorised by the Treasurer may, on
request by the Commission, certify in writing that --
(a) a specified thing occurred by the operation of this
Division; or
(b) a specified thing was done under this Division, or to
25 give effect to this Division, or for a purpose connected
with or arising out of giving effect to this Division.
(4) For all purposes and in all proceedings, a certificate under
subsection (3) is conclusive evidence of the matters it certifies,
except so far as the contrary is shown.
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Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 7 Betting Control Act 1954 amended, transitional and savings
provisions, and consequential amendments
Division 2 Transitional and savings provisions
s. 109
109. Saving
The operation of section 106 is not to be regarded --
(a) as a breach of contract or confidence or otherwise as a
civil wrong;
5 (b) as a breach of any contractual provision prohibiting,
restricting or regulating the assignment or transfer of
assets, rights or liabilities or the disclosure of
information;
(c) as giving rise to any remedy by a party to an instrument
10 or as causing or permitting the termination of any
instrument, because of a change in the beneficial or legal
ownership of any assets, right or liability;
(d) as causing any contract or instrument to be void or
otherwise unenforceable; or
15 (e) as releasing or allowing the release of any surety.
Subdivision 3 -- General transitional provisions
110. Annual report for part of a year
The accountable authority, as defined in the Financial
Administration and Audit Act 1985, of the BCB is to report in
20 respect of that body as required by section 66 of that Act, but
limited to the period from the preceding 1 August to the
appointed day, and Division 14 of Part II of that Act applies as
if that period were a full financial year.
111. Completion of things commenced
25 Anything commenced to be done by the BCB under the BC Act
before the appointed day may be continued by the Commission
so far as the doing of that thing is within the functions of the
Commission after the appointed day.
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Betting Control Act 1954 amended, transitional and savings Part 7
provisions, and consequential amendments
Transitional and savings provisions Division 2
s. 112
112. Continuing effect of things done
Any act, matter or thing done or omitted to be done before the
appointed day by, to or in respect of the BCB, to the extent that
that act, matter or thing --
5 (a) has any force; and
(b) is not governed by section 106(f),
is to be taken to have been done or omitted by, to or in respect
of the Commission so far as the act, matter or thing is relevant
to the Commission.
10 113. Immunity to continue
Where the BCB had the benefit of any immunity in respect of
an act, matter or thing done or omitted before the appointed day,
that immunity continues in that respect for the benefit of the
Commission.
15 114. Agreements and instruments generally
(1) This section applies to any agreement or instrument subsisting
immediately before the appointed day that does not come within
the provisions of section 106(c).
(2) Any agreement or instrument to which this section applies --
20 (a) to which the BCB was a party; or
(b) which contains a reference to the BCB,
has effect after the appointed day as if --
(c) the Commission were substituted for the BCB as a party
to the agreement or instrument; and
25 (d) any reference in the agreement or instrument to the BCB
were (unless the context otherwise requires) a reference
to the Commission.
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Part 7 Betting Control Act 1954 amended, transitional and savings
provisions, and consequential amendments
Division 3 Consequential amendments
s. 115
115. BCB to perform necessary transitional functions
(1) Despite the repeal of section 6 of the BC Act by section 79 of
this Act, the BCB continues in existence for the purpose of --
(a) reporting as required by section 110; and
5 (b) performing the functions described in section 106(g).
(2) The accountable authority, as defined in the Financial
Administration and Audit Act 1985, also continues in existence
for the purpose described in subsection (1)(a).
Division 3 -- Consequential amendments
10 116. Consequential amendments to other Acts
(1) Schedule V Part 3 to the Constitution Acts Amendment
Act 1899* is amended by deleting the item relating to the
Betting Control Board.
[* Reprinted as at 8 June 2001.
15 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 72 and Acts Nos. 24 and 25 of
2001, and 5, 20 and 30 of 2002.]
(2) Schedule 1 to the Financial Administration and Audit Act 1985*
is amended by deleting "Betting Control Board".
20 [* Reprinted as at 16 September 2002.
For subsequent amendments see Acts Nos. 30 and 38 of
2002.]
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Racing and Gambling Legislation Amendment and Repeal Bill 2003
Gaming and Betting (Contracts and Securities) Act 1985 Part 8
amended
s. 117
Part 8 -- Gaming and Betting (Contracts and Securities)
Act 1985 amended
117. The Act amended
The amendments in this Part are to the Gaming and Betting
5 (Contracts and Securities) Act 1985*.
[* Act No. 28 of 1985.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 147.]
118. Section 3 amended
10 (1) Section 3(1) is amended by deleting "Division 2 or Division 4
of Part VI of the Police Act 1892" and inserting instead --
" the Gaming and Wagering Commission Act 1987 ".
(2) Section 3(2) is amended in the definition of "unlawful gaming"
by deleting "section 86 of the Police Act 1892" and inserting
15 instead --
"
section 42 of the Gaming and Wagering
Commission Act 1987
".
20 119. Schedule amended
The Schedule is amended as follows:
(a) by deleting "Police Act 1892";
(b) by deleting "Totalisator Agency Board Betting
Act 1960" and inserting instead --
25 "
Racing and Wagering Western Australia Act 2003
";
(c) by deleting "Gaming Commission" and inserting
instead --
30 " Gaming and Wagering ".
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Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 9 Gaming Commission Act 1987 amended, transitional and
savings provisions and consequential amendments
Division 1 Amendments
s. 120
Part 9 -- Gaming Commission Act 1987 amended,
transitional and savings provisions and consequential
amendments
Division 1 -- Amendments
5 120. The Act amended
The amendments in this Division are to the Gaming
Commission Act 1987*.
[* Reprinted as at 30 October 1998.
For subsequent amendments see 2001 Index to Legislation of
10 Western Australia, Table 1, p. 147.]
121. Long title amended
The long title is amended as follows:
(a) by inserting after "Gaming" the following --
" and Wagering ";
15 (b) by deleting "betting" and inserting instead --
" wagering ".
122. Section 1 amended
Section 1 is amended by inserting after "Gaming" the
following --
20 " and Wagering ".
123. Section 3 amended
(1) Section 3(1) is amended as follows:
(a) by deleting the definitions of "bet", "betting" and "the
Commission";
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savings provisions and consequential amendments
Amendments Division 1
s. 123
(b) by inserting in the appropriate alphabetical positions the
following definitions --
"
"Commission" means the Gaming and Wagering
5 Commission of Western Australia established
under section 4;
"Department" means the department of the Public
Service principally assisting the Minister in the
administration of this Act;
10 "gambling" means gaming or wagering;
"RWWA" means Racing and Wagering Western
Australia established under the RWWA Act;
"RWWA Act" means the Racing and Wagering
Western Australia Act 2003;
15 "wagering" includes the staking or hazarding of
money or other value --
(a) on some question to be decided;
(b) in support of an assertion or on the issue of a
forecast; or
20 (c) on the outcome of an uncertain happening, or
in the event of a doubtful issue,
and the collection or payment of winnings on a wager;
";
(c) in the definition of "continuing lotteries levy" by
25 inserting after "Gaming" the following --
" and Wagering ";
(d) in the definition of "permitted gaming" by deleting "or
which constitutes social gambling";
(e) in the definition of "player" --
30 (i) in paragraph (a) by deleting "bet" and inserting
instead --
" conduct gaming "; and
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savings provisions and consequential amendments
Division 1 Amendments
s. 124
(ii) in paragraph (b) by deleting "bets" and inserting
instead --
" conducts gaming ".
(2) After section 3(3) the following subsection is inserted --
5 "
(4) For removal of doubt --
(a) section 5(3) of the Betting Control Act 1954
applies in respect of things done under that Act;
and
10 (b) except as specified in paragraph (a) of this
subsection and sections 40A and 64, a reference
in this Act to wagering or gambling includes a
reference to betting under the Betting Control
Act 1954.
15 ".
124. Section 4 amended
Section 4(1) is amended by inserting after "Gaming" the
following --
" and Wagering ".
20 125. Section 6 amended
Section 6(4)(b) is amended by deleting "Totalisator Agency
Board Betting Act 1960" and inserting instead --
" RWWA Act ".
126. Section 7 amended
25 Section 7(1) is amended as follows:
(a) in paragraph (a) by deleting "Totalisator Agency Board
Betting Act 1960, betting" and inserting instead --
" RWWA Act, wagering ";
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Amendments Division 1
s. 126
(b) by deleting paragraph (b) and inserting instead --
"
(b) to keep under review --
(i) the conduct, extent and character of that
5 gaming and wagering; and
(ii) the provision, use and location of
gaming and wagering facilities;
(ba) to formulate and implement policies for the
scrutiny, control and regulation of gaming and
10 wagering, taking into account the requirements
and interests of the community as a whole and
the need to minimise harm caused by gambling;
";
(c) by inserting after paragraph (d) the following
15 paragraph --
"
(da) to perform the functions of the Commission
prescribed by or under the RWWA Act and to
administer all matters relating to those
20 functions;
";
(d) by deleting paragraph (e) and inserting the following
paragraphs instead --
"
25 (e) to cause licences, permits, approvals,
authorisations and certificates, as appropriate,
to be issued in relation to --
(i) persons;
(ii) premises;
30 (iii) casinos;
(iv) facilities;
(v) gaming and other equipment;
(vi) gambling operations;
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savings provisions and consequential amendments
Division 1 Amendments
s. 127
(ea) to administer a scheme for the collection and
verification of the payments of bookmakers'
betting levy --
(i) to be remitted under section 15(5)(b) of
5 the Betting Control Act 1954; or
(ii) deliverable under section 16(3)(c) of the
Betting Control Act 1954,
together with any additional levy payable under
section 18B of that Act, and subject to
10 section 110A of this Act, to cause to be paid
into the Consolidated Fund all such moneys as
are received by the Commission;
";
(e) in paragraphs (f), (g) and (h) by deleting "gaming or to
15 betting" and inserting instead --
" gambling ";
(f) in paragraph (j) by inserting after "prescribed" --
" by or under this or any other written law ".
127. Section 8 amended
20 (1) Section 8(1) is amended by inserting after "this Act" --
" and the Betting Control Act 1954 ".
(2) Section 8(2)(a) is amended by deleting "betting" and inserting
instead --
" wagering ".
25 (3) Section 8(2)(b), (c) and (d) are deleted and the following
paragraphs are inserted instead --
"
(b) approve, or withhold approval from, persons,
premises, facilities, gaming or other equipment,
30 games and wagering and gaming operations, for
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savings provisions and consequential amendments
Amendments Division 1
s. 127
the purposes of this Act or any other written
law in relation to gambling;
(c) formulate and impose prohibitions or
conditions to be applicable to, or in relation
5 to --
(i) the conduct of gambling;
(ii) the types of wagering which may or
may not be conducted;
(iii) the games which may or may not be
10 played; and
(iv) the rules under which wagering is to be
conducted and games are to be played;
(d) grant or issue and amend or revoke --
(i) approvals, permits, certificates and
15 authorisations relating to gambling and
the use of premises for gambling;
(ii) subject to the Betting Control Act 1954,
licences under that Act relating to
wagering; and
20 (iii) subject to the Casino Control Act 1984,
licences relating to casinos and the
employment of persons in casinos;
(iv) subject to the RWWA Act, licences
under that Act relating to directors and
25 key employees;
(da) take steps to minimise harm to the community,
or any part of the community, caused by
gambling;
".
30 (4) Section 8(2)(e) is amended by deleting "gaming and of betting"
and inserting instead --
" gambling ".
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Division 1 Amendments
s. 128
128. Section 9 amended
(1) Section 9(2) is amended as follows:
(a) by deleting "The moneys" and inserting instead --
" Subject to subsection (2a), the moneys ";
5 (b) by inserting after "Gaming" the following --
" and Wagering ".
(2) After section 9(2) the following subsection is inserted --
"
(2a) The credit of moneys under subsection (2) is subject to
10 the payment --
(a) into the Consolidated Fund in accordance with
the scheme referred to in section 7(1)(ea); or
(b) under section 110A(5),
of any amount received by the Commission in respect
15 of bookmakers' betting levy.
".
(3) Section 9(3) is amended as follows:
(a) by inserting after "Gaming" --
" and Wagering ".
20 (b) in paragraph (c) --
(i) by deleting "(4)(c)" and inserting instead --
" (4)(a) and (c) and section 110A(5) ";
(ii) by inserting after "1984" --
" , the Betting Control Act 1954 ".
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Amendments Division 1
s. 129
129. Section 12 amended
(1) Section 12(1) is repealed and the following subsection is
inserted instead --
"
5 (1) The membership of the Commission shall comprise --
(a) the chief executive officer of the Department,
who shall be ex officio chairperson of the
Commission; and
(b) not less than 5, nor more than 7, members
10 appointed by the Minister,
and the Minister shall cause notice of the appointments
to be published in the Gazette.
".
(2) After section 12(1) the following subsection is inserted --
15 "
(2) Members appointed under subsection (1)(b) shall be
persons who, in the opinion of the Minister, are persons
of integrity, good repute and relevant experience.
".
20 (3) Section 12(3) is amended by deleting "3" and inserting
instead --
" 4 ".
(4) Section 12(4)(a) and the "or" following are deleted and the
following is inserted instead --
25 "
(a) a person having appropriate duties in the
Department to be the deputy of the chairperson,
that person shall in the absence or incapacity of
the chairperson act as chairperson of the
30 Commission; or
".
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Division 1 Amendments
s. 130
(5) Section 12(11)(d) is amended by deleting "Governor" and
inserting instead --
" Minister ".
130. Section 15 amended
5 Section 15(1) is amended as follows:
(a) by inserting after "functions" --
" under this or any other written law ";
(b) by inserting after "of the Commission" --
" under this or any other written law ".
10 131. Section 16 amended
(1) Section 16(1) is amended by inserting after "power of the
Commission" the following --
" under this or any other written law ".
(2) Section 16(2) is amended by deleting ", for the purposes of this
15 Act,".
132. Section 18 amended
(1) Section 18(1) and (2) are repealed and the following subsections
are inserted instead --
"
20 (1) The Commission may by arrangement with the relevant
employing authority make use, either full-time or
part-time, of the services of any officer or employee --
(a) in the Public Service;
(b) in a State agency or instrumentality; or
25 (c) otherwise in the service of the Crown in right of
the State.
(1a) The Commission may by arrangement with --
(a) a department of the Public Service; or
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Amendments Division 1
s. 132
(b) a State agency or instrumentality,
make use of any facilities of the department, agency or
instrumentality.
(2) An arrangement under subsection (1) or (1a) is to be
5 made on such terms as are agreed to by the parties.
(2a) In subsections (1) and (1a) --
"employing authority", "Public Service" and other
expressions used in the Public Sector Management
Act 1994 have the same meanings as they have in
10 that Act.
".
(2) Section 18(3) is amended as follows:
(a) by deleting "function under this Act" and inserting
instead --
15 "
functions under this Act, the RWWA Act and the
Betting Control Act 1954
";
(b) by inserting after "purposes of this Act" --
20 "
, the RWWA Act or the Betting Control Act 1954
".
(3) Section 18(4) is amended as follows:
(a) in paragraph (a) by deleting "pursuant to a" and
25 inserting instead --
"
pursuant to the Betting Control Act 1954, the
RWWA Act or any other
".
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Division 1 Amendments
s. 133
(b) by inserting after paragraph (c) the following
paragraphs --
"
(ca) the suitability of --
5 (i) such a person to conduct, or to be
concerned in the conduct of, wagering
under the Betting Control Act 1954 or
the RWWA Act;
(ii) any individual appointed on behalf of
10 such a person, whether as a nominee or
otherwise; or
(iii) a person for whom another acts,
whether as a nominee or otherwise;
(cb) the character, reputation, and antecedents of
15 any person who occupies or seeks to occupy a
position of authority in a body corporate or is or
wishes to become a member of a partnership
that is the holder of, or an applicant for, a
bookmaker's licence under the Betting Control
20 Act 1954, and of any associate or suspected
associate of that person, including as to whether
or not, and the extent to which, that person acts
or is reputed to be accustomed to act in
accordance with the directions or interests of
25 any other person;
";
(c) in paragraph (d) by deleting "gaming equipment" and
inserting instead --
" gaming or other equipment ".
30 133. Section 19 amended
Section 19(2) is amended by inserting after "this Act" --
" and the Betting Control Act 1954 ".
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Amendments Division 1
s. 134
134. Section 20 amended
Section 20(3) is amended by inserting after "in connection with
this Act" --
" , the RWWA Act or the Betting Control Act 1954 ".
5 135. Section 21 amended
(1) Section 21(1) is amended by inserting after "an authorized
officer" --
" under this Act and the Betting Control Act 1954 ".
(2) Section 21(3) is amended by inserting after "this Act" --
10 " or the Betting Control Act 1954 ".
136. Section 22 amended
Section 22(1) is amended as follows:
(a) in paragraph (a) by inserting after "permitted
gaming" --
15 " or social gambling ".
(b) in paragraph (b) by deleting "gaming and betting" and
inserting instead --
" gambling ".
137. Section 33 amended
20 (1) Section 33(1) and (2) are each amended by inserting after "this
Act" the following --
" , the Betting Control Act 1954 ".
(2) Section 33(3) and (4) are each amended by inserting after "this
Act" the following --
25 " or the Betting Control Act 1954 ".
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savings provisions and consequential amendments
Division 1 Amendments
s. 138
138. Section 34 amended
Section 34 is amended by inserting after "this Act" the
following --
" or the Betting Control Act 1954 ".
5 139. Section 38 amended
Section 38 is amended by deleting "betting or gaming" and
inserting instead --
" gambling ".
140. Section 39 amended
10 (1) Section 39(1)(e) is amended by deleting "bet" in both places
where it occurs and inserting instead --
" wager ".
(2) Section 39(4)(b) is amended by deleting "bet" and inserting
instead --
15 " wager ".
(3) Section 39(4)(c) is amended by deleting "bets" and inserting
instead --
" wagers ".
141. Section 40 amended
20 (1) Section 40(1)(c) is amended as follows:
(a) in subparagraph (ii) by deleting "betting" and inserting
instead --
" wagering ";
(b) in subparagraph (vi) --
25 (i) by deleting "bets" in both places where it occurs
and inserting instead --
" wagers "; and
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Amendments Division 1
s. 142
(ii) by deleting "betting" and inserting instead --
" wagering ".
(2) Section 40(3) is repealed and the following subsections are
inserted instead --
5 "
(3) Despite any rule of law, premises shall not be taken to
be a common gaming house or a common betting
house by reason only of the carrying on there of
gaming or wagering.
10 (3a) It shall be a defence for a person charged with an
offence under section 41 in relation to gaming or
wagering at any premises to show that the gaming or
wagering was permitted gaming or social gambling.
".
15 142. Section 40A inserted
After the heading to Part IV the following section is inserted --
"
40A. Part does not apply to gambling under other
written laws
20 In this Part --
"gambling" and "wagering", except in relation to
section 44, do not include gambling under and in
accordance with --
(a) the Betting Control Act 1954;
25 (b) the Lotteries Commission Act 1990;
(c) the RWWA Act; or
(d) the Casino Control Act 1984.
".
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savings provisions and consequential amendments
Division 1 Amendments
s. 143
143. Section 41 amended
(1) Section 41(1) is amended by inserting after "permitted
gaming" --
" or social gambling ".
5 (2) Section 41(3)(c) is amended by inserting after "permitted
gaming" --
" or social gambling ".
(3) Section 41(7) is amended by inserting after "gaming houses" --
" and common betting houses ".
10 (4) After section 41(7) the following subsection is inserted --
"
(8) Any money or other consideration received by a person
referred to in subsection (4) from another person in the
circumstances referred to in paragraph (c)(ii) of that
15 subsection is to be taken to have been received on trust
by the person for the other person and may be
recovered accordingly in a court of competent
jurisdiction.
".
20 144. Section 42 amended
(1) Section 42(1)(e) is amended by inserting after "permitted
gaming" --
" or social gambling ".
(2) Section 42(5) is amended by deleting "bets" and inserting
25 instead --
" wagers ".
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savings provisions and consequential amendments
Amendments Division 1
s. 145
145. Section 43A inserted
After section 43 the following section is inserted --
"
43A. Advertising unlawful gambling
5 (1) In this section --
"prohibited advertisement" means any form of
advertisement that conveys, or is likely to be
understood as conveying --
(a) the existence of a common gaming house (as
10 defined in section 41(1));
(b) the existence of a person (in this State or
elsewhere) who will, on application, give
information or advice with respect to
unlawful wagering, to unlawful gaming or to
15 an unlawful lottery; or
(c) the existence of a person (in this State or
elsewhere) who will, on application, engage
in or conduct unlawful wagering, unlawful
gaming or an unlawful lottery;
20 "unlawful wagering" means wagering other than --
(a) social gambling; and
(b) wagering under and in accordance with the
Betting Control Act 1954;
"unlawful gaming" means gaming other than --
25 (a) permitted gaming; and
(b) social gambling.
(2) A person who broadcasts, prints, publishes or
distributes, or has in his or her possession for the
purpose of publication or distribution, a prohibited
30 advertisement, commits an offence.
Penalty: $5 000.
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Division 1 Amendments
s. 146
(3) A person who broadcasts, prints, publishes or
distributes, or has in his or her possession for the
purpose of publication or distribution, an advertisement
that conveys, or is likely to be understood as
5 conveying, the existence of a person (in this State or
elsewhere) other than --
(a) RWWA;
(b) the Lotteries Commission established under the
Lotteries Commission Act 1990;
10 (c) the holder of an approval, authorisation, permit
or licence issued under this Act, the Betting
Control Act 1954 or the Casino Control
Act 1984; or
(d) any other person or class of person prescribed
15 by the regulations,
who will, on application, engage in or conduct gaming,
wagering or a lottery, commits an offence.
Penalty: $2 000.
".
20 146. Section 44 amended
Section 44(2) is amended as follows:
(a) in paragraph (c) by deleting "bets" and inserting
instead --
" wagers ";
25 (b) in paragraph (d) by deleting "betting" and inserting
instead --
" wagering ".
147. Section 45 amended
(1) Section 45(1) is amended by deleting "or permitted gaming"
30 and inserting instead --
" , permitted gaming or social gambling ".
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Amendments Division 1
s. 148
(2) Section 45(2) is amended by deleting "or permitted gaming"
and inserting instead --
" , permitted gaming or social gambling ".
(3) Section 45(4) is amended by deleting ", gaming or betting" in
5 both places where it occurs and inserting instead --
" or gambling ".
148. Part V heading and Division heading amended
(1) The heading to Part V is amended by deleting "gaming" and
inserting instead --
10 " gambling ".
(2) The heading to Part V Division 1 is amended by deleting
"Gambling" and inserting instead --
" Gaming ".
149. Section 54 amended
15 Section 54(1) is amended by deleting "bets" and inserting
instead --
" wagers ".
150. Section 64 amended
(1) Section 64(2)(c) is amended as follows:
20 (a) in subparagraph (ii) by deleting "bets" in both places
where it occurs and inserting instead --
" wagers ";
(b) in subparagraph (iii) by deleting "game or betting" and
inserting instead --
25 " game or wagering ".
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Division 1 Amendments
s. 151
(2) Section 64(3)(b) is amended by deleting "bets" in both places
where it occurs and inserting instead --
" wagers ".
(3) Section 64(6) is amended by inserting after "a reference to" in
5 both places where it occurs the following --
" gambling, ".
151. Section 80 amended
(1) Section 80(1) is amended as follows:
(a) by deleting "or bet" and inserting instead --
10 " or conduct gaming ";
(b) by deleting "the betting" and inserting instead --
" the conduct of gaming ";
(c) in paragraph (a)(ii) by inserting after "race meeting" --
"
15 licensed by RWWA under the RWWA
Act or the Racing Restriction Act 2003
".
(2) Section 80(1a) is amended as follows:
(a) by deleting "that authorizes playing or betting" and
20 inserting instead --
" that authorises playing or the conduct of gaming ";
(b) by deleting "also authorize playing or betting" and
inserting instead --
" also authorise playing or gaming ".
25 (3) Section 80(1b) is amended by deleting "or betting" in both
places where it occurs and inserting instead --
" or gaming ".
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savings provisions and consequential amendments
Amendments Division 1
s. 152
(4) Section 80(2) is repealed and the following subsection is
inserted instead --
"
(2) A reference in this section to a country race club is a
5 reference to a club which is not a club situate inside a
radius in any direction of 200 kilometres of the
Burswood Casino as referred to in the Casino
(Burswood Island) Agreement Act 1985.
".
10 152. Section 81 amended
(1) Section 81(1) is amended as follows:
(a) by deleting "bet" and inserting instead --
" conduct gaming ";
(b) by deleting "betting" and inserting instead --
15 " gaming ".
(2) Section 81(2)(b)(ii) is amended as follows:
(a) by deleting "side bettors" and inserting instead --
" players ";
(b) by deleting "bets" and inserting instead --
20 " stakes ".
(3) Section 81(3) is amended by deleting "betting" and inserting
instead --
" gaming ".
153. Section 82 amended
25 Section 82(a) is amended by deleting "or betting associated with
the gaming".
154. Section 83 amended
Section 83(b) is amended by deleting "and betting".
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Racing and Gambling Legislation Amendment and Repeal Bill 2003
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savings provisions and consequential amendments
Division 1 Amendments
s. 155
155. Section 84 amended
Section 84(1) is amended in the definition of "slot machine" by
deleting "betting" and inserting instead --
" wagering ".
5 156. Section 85 amended
Section 85(1) is amended by deleting "bets" and inserting
instead --
" wagers ".
157. Section 102 amended
10 Section 102 is amended by inserting after "permitted
gaming," --
" social gambling, ".
158. Section 103 amended
Section 103(1)(a)(ii) is amended by deleting ", betting".
15 159. Section 107 amended
(1) Section 107(2)(b) is amended by inserting after "permitted
gaming" --
" or social gambling ".
(2) Section 107(4) is amended by deleting ", betting".
20 160. Section 108 amended
Section 108(1) is amended by deleting "gaming , betting," and
inserting instead --
" gambling ".
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savings provisions and consequential amendments
Amendments Division 1
s. 161
161. Part VA inserted
After section 109D the following Part is inserted --
"
Part VA -- Supervision of RWWA
5 109E. Interpretation
A reference in this Part to the gambling operations of
RWWA is a reference to the business of RWWA
referred to in section 50(b) of the RWWA Act.
109F. Supervision of RWWA
10 (1) Without limiting sections 20 to 20C of the Betting
Control Act 1954, the Commission and an authorised
officer have and may exercise in relation to --
(a) RWWA, the directors of the board of RWWA,
the employees, officers and agents of RWWA,
15 and the premises and property of RWWA;
(b) any thing that the Commission or that officer
has reasonable cause to believe relates to, or
may be likely to affect, a person or matter
referred to in paragraph (a); and
20 (c) the organisation, management and operations of
RWWA including the related accounting and
audit procedures of, and amenities or facilities
ancillary to, the operations of RWWA,
like powers to those conferred on the Commission or
25 an authorised officer, as the case may be, in relation to
gambling under this Act, and persons, premises or
things relating to gambling.
(2) Where a member of the Police Force or other person
acts in aid of an authorised officer at the request of that
30 officer, the person so acting is taken whilst so acting to
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savings provisions and consequential amendments
Division 1 Amendments
s. 161
have, and to be authorised to exercise, the powers
conferred by this Part.
109G. Directions to RWWA
(1) The Commission may give directions to RWWA --
5 (a) with respect to the systems of internal controls
and administrative and accounting procedures
that are to apply to the gambling operations of
RWWA;
(b) to adopt, vary, cease or refrain from any
10 practice in respect of the gambling operations
of RWWA.
(2) A direction may be amended from time to time by the
Commission as the Commission thinks fit.
(3) A direction or an amendment of a direction has effect
15 when written notice of it is given to RWWA or on a
later date specified in the notice.
(4) The controls and procedures referred to in directions,
or in amendments of directions, may be described in
words or represented diagrammatically, or by a
20 combination of both methods.
(5) Where a direction given by the Commission so
provides, a power of approval or other function
specified in that direction may be exercised or carried
out by a person or body to whom it has been delegated
25 under section 16.
(6) For the purposes of a direction referred to in
subsection (5), the giving of an approval or the
imposition of a prohibition by a delegate referred to in
that subsection is as effective as if given or imposed by
30 the Commission.
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Amendments Division 1
s. 161
(7) To the extent that a direction is inconsistent or in
conflict with regulations made under the RWWA Act,
the regulations prevail.
109H. RWWA must comply with directions
5 (1) RWWA must ensure that any direction given to it
under section 109G, or section 52 of the RWWA Act,
is brought to the notice of, and not contravened by, any
person who is responsible for the organisation or
management of gambling operations of RWWA or any
10 other person acting in relation to those gambling
operations as an employee, agent or otherwise on
behalf of, or subject to the control of, RWWA.
(2) If --
(a) RWWA; or
15 (b) a person to whom or which subsection (1)
refers,
contravenes a direction made under section 109G, or
section 52 of the RWWA Act, the person commits an
offence.
20 Penalty: $5 000.
109I. Complaints about RWWA
Without limiting section 109F, the Commission or an
authorised officer may receive, investigate and deal
with complaints from members of the public with
25 respect to any aspect of the gambling operations of
RWWA, and advise the complainant of the result of the
complaint.
109J. Report on or inquiry into RWWA
(1) Where the Commission thinks fit, the Commission may
30 report to the Minister and make recommendations as to
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any action that the Commission considers should be
taken under section 109K.
(2) Where it appears to the Minister that it is in the public
interest that an inquiry be carried out into the affairs, or
5 into particular affairs, of RWWA or related matters the
Minister may, in writing, direct the Commission to
arrange the inquiry and a report on the findings of the
inquiry.
(3) Related matters that may be made the subject of an
10 inquiry include --
(a) gambling operations of RWWA;
(b) RWWA's compliance with the RWWA Act,
this Act and other written laws;
(c) suspected corruption;
15 (d) the directors of the board of RWWA, and their
relationship with other persons, or a class of
persons which includes other persons, who, in
the opinion of the Minister, are associated with
them or could affect or be in a position to
20 exercise direct or indirect control over the
carrying out of any function in, or in relation to,
RWWA; and
(e) whether or not it is in the public interest that a
director of the board of RWWA remain as a
25 director.
(4) A direction given under subsection (2) --
(a) must specify the affairs or matters to be the
subject of the inquiry; and
(b) may require the inquiry to be carried out by a
30 person appointed by the Minister.
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Amendments Division 1
s. 161
(5) Where the Commission is directed under subsection (2)
to arrange for an inquiry, the Commission must publish
in the Gazette a notice --
(a) specifying the affairs or matters concerned; and
5 (b) stating the name of the person carrying out the
inquiry.
(6) For the purposes of an inquiry carried out at the
direction of the Minister under subsection (2), the
person carrying out the inquiry has the powers of a
10 Royal Commission and the chairman of a Royal
Commission, and the provisions of the Royal
Commissions Act 1968 have effect as if they were
enacted in this Act with any necessary changes and in
terms made applicable to the inquiry by that person.
15 109K. Powers of Minister following report and
recommendations, or inquiry
(1) On receiving a report and recommendations made
under section 109J(1) or as a result of an inquiry
carried out pursuant to a direction given under
20 section 109J(2), the Minister must, if of the opinion
that any of the powers conferred by subsection (3)
should be exercised, serve on RWWA and on any other
person who is considered by the Minister to be likely to
be affected by the exercise of that power a notice in
25 writing --
(a) specifying the reasons for the Minister's
opinion and which of the powers the Minister
proposes to exercise; and
(b) requiring RWWA and any other person served
30 with the notice to show cause in writing within
14 days after the date of that service why the
power specified in that notice should not be
exercised.
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s. 161
(2) A person on whom a notice has been served under
subsection (1) may, within the period of 14 days after
the date of that service, serve on the Minister a
submission in writing showing cause why the power
5 specified in that notice should not be exercised.
(3) After receiving and considering each submission
served under subsection (2) the Minister may, subject
to subsection (4) and if the Minister considers it in the
public interest to do so --
10 (a) serve a letter of censure on RWWA;
(b) revoke the licence of a director given under
section 14 of the RWWA Act;
(c) with the prior approval of the Governor, order
RWWA to pay a monetary penalty fixed by the
15 Minister but not exceeding $100 000.
(4) The Minister must not exercise a power conferred
under subsection (3) unless that power was specified in
the relevant notice served under subsection (1).
(5) The Minister may recover a penalty imposed under
20 subsection (3)(c) in a court of competent jurisdiction as
a debt due by RWWA to the Crown.
(6) A certificate signed by the Minister specifying the
amount of penalty imposed under subsection (3)(c) and
that the amount has not been paid is evidence that the
25 amount so specified is payable in accordance with this
Act and has not been paid.
".
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savings provisions and consequential amendments
Amendments Division 1
s. 162
162. Section 110 amended
Section 110(1)(a) is amended by deleting "betting conducted in
accordance with the Totalisator Agency Board Betting
Act 1960," and inserting instead --
5 "
wagering conducted in accordance with the
RWWA Act or betting conducted in accordance
with the Betting Control Act 1954,
".
10 163. Section 110A inserted
After section 110 the following section is inserted --
"
110A. Sports Wagering Account
(1) Moneys paid by RWWA under section 104 or 107 of
15 the RWWA Act shall be --
(a) credited to an account at the Treasury, forming
part of the Trust Fund constituted under
section 9 of the Financial Administration and
Audit Act 1985; or
20 (b) paid into and placed to the credit of an account
at a bank approved by the Treasurer,
and the account shall be called the Sports Wagering
Account.
(2) Moneys for the time being held by the Commission in
25 respect of payments of bookmakers' betting levy made
under section 15 of the Betting Control Act 1954 in
relation to betting of the kind referred to in sections 4A
and 4B of that Act are to be credited to the Sports
Wagering Account until applied under subsection (3).
page 97
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 9 Gaming Commission Act 1987 amended, transitional and
savings provisions and consequential amendments
Division 1 Amendments
s. 164
(3) The Sports Wagering Account shall --
(a) subject to subsection (4), be administered by
the Commission; and
(b) be applied for the purpose of the payment of
5 outgoings referred to in subsection (5).
(4) The Commission shall, at quarterly intervals, notify the
Minister of the Crown responsible for sport and
recreation of --
(a) the amount of moneys referred to in
10 subsection (1); and
(b) the amount of moneys for the time being
standing to the credit of the Sports Wagering
Account, which shall be held by the
Commission for distribution in accordance with
15 subsection (5).
(5) The Commission on being directed by the Minister of
the Crown responsible for sport and recreation, shall
distribute the moneys referred to in subsection (1) and
the moneys from time to time standing to the credit of
20 the Sports Wagering Account --
(a) to the persons or bodies of persons;
(b) for the purposes; and
(c) in the respective amounts,
directed by that Minister.
25 ".
164. Section 115 repealed
Section 115 is repealed.
165. Section 117 amended
Section 117(a) is amended by deleting "and betting".
page 98
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Gaming Commission Act 1987 amended, transitional and Part 9
savings provisions and consequential amendments
Amendments Division 1
s. 166
166. References to "gaming or betting" amended
In each place listed in the Table to this section "gaming or
betting" is deleted and the following is inserted instead --
" gambling ".
5 Table
s. 3(1) (definition of "social s. 37(1)
gambling")
s. 6(4)(a) s. 39(2)(d)
s. 7(1)(c) s. 39(3)(b) (twice)
s. 7(1)(g) (twice) s. 41(1) (twice)
s. 8(2)(e) s. 41(3)(a)
s. 8(3) s. 41(3)(b)
s. 9(4)(a) s. 41(3)(c) (twice)
s. 18(4)(a) s. 41(4) (3 times)
s. 18(4)(d) (twice) s. 41(6) (3 times)
s. 18(4)(f) (twice) s. 46(3)
s. 20(3)(a) s. 54(1) (twice)
s. 20(3)(b) s. 54(2)
s. 22(5) s. 54(3)
s. 24(a) s. 62(6)
s. 25(1)(c) s. 64(1)
s. 25(2)(b) s. 64(2) (4 times)
s. 27(1) s. 64(5) (twice)
s. 29(1)(a)(i) (twice) s. 85(2)
s. 29(1)(b)(i) s. 92(3)
s. 29(2) (3 times) s. 108(3) (3 times)
s. 30 s. 110(1) (3 times)
s. 31
s. 33(1)
s. 33(2)
page 99
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 9 Gaming Commission Act 1987 amended, transitional and
savings provisions and consequential amendments
Division 1 Amendments
s. 167
167. References to "or betting" deleted
In each place listed in the Table to this section "or betting" is
deleted.
Table
s. 3(1) (definition of "permitted s. 54(5) (twice)
gaming")
s. 27(3) (3 times) s. 55(1)
s. 39(5) (twice) s. 57(1)(a)
s. 46(1) s. 57(1)(b)
s. 46(4) s. 81(2)(b)
s. 47(2) s. 83(d)
s. 48(1)(a) s. 83(e)
s. 49(1)(c) s. 84(1) (definition of
"prescribed gaming
equipment")
s. 49(1)(d) s. 91(2)(a)
s. 49(1)(e)(twice) s. 91(2)(c)(twice)
s. 49(2)(b)(i), (iii) (twice) and (iv) s. 91(6)
s. 49(3)(b) s. 91(7)
s. 51(2)(a) s. 91(8)
s. 51(2)(b)(ii) and (iii) s. 92(2)(b)
s. 51(3)(a) s. 93 (twice)
s. 51(4)(b)(iii) and (iv) s. 107(3)
s. 52(a)(ii) s. 109B(1) (twice)
s. 53(3) (5 times) s. 109B(5)
page 100
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Gaming Commission Act 1987 amended, transitional and Part 9
savings provisions and consequential amendments
Transitional and savings provisions Division 2
s. 168
168. References to "Chairman" amended
In each place listed in the Table to this section "Chairman" is
deleted and the following is inserted instead --
" chairperson ".
5 Table
s. 12(5) (3 times) s. 109D(3)(a)
s. 17(2) (3 times)
Division 2 -- Transitional and savings provisions
169. Gaming and Wagering Commission
(1) The body renamed as the Gaming and Wagering Commission
by section 124 is the same body as the Gaming Commission
10 previously established under section 4 of the Gaming
Commission Act 1987.
(2) The account renamed as the Gaming and Wagering Commission
Account by section 128 is the same account as the Gaming
Commission Account previously referred to in section 9 of the
15 Gaming Commission Act 1987.
(3) If, in a written law or in a document of any kind there is a
reference to the Gaming Commission, that reference is, unless
because of the context it would be inappropriate to do so, to be
read and construed as if it had been amended to be a reference
20 to the Gaming and Wagering Commission.
170. Members of the Commission
Each person holding office as a member of the Gaming
Commission under the Gaming Commission Act 1987
immediately before the coming into operation of this section
25 continues in office as a member of the Gaming and Wagering
Commission under and subject to the Gaming and Wagering
Commission Act 1987 until the expiry of the term of office.
page 101
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 9 Gaming Commission Act 1987 amended, transitional and
savings provisions and consequential amendments
Division 3 Consequential amendments
s. 171
Division 3 -- Consequential amendments
171. Casino Control Act 1984 amended
(1) The amendments in this section are to the Casino Control
Act 1984*.
5 [* Reprinted as at 30 October 1998.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 44.]
(2) Section 3(1) is amended as follows:
(a) by inserting after the definition of "casino licensee" the
10 following definition --
"
"Commission" means the Gaming and Wagering
Commission established under the Gaming and
Wagering Commission Act 1987;
15 ";
(b) by deleting the semicolon after the definition of "the
Chief Casino Officer" and inserting a full stop instead;
(c) by deleting the definition of "the Commission".
(3) In each place listed in the Table to this section the following is
20 inserted after "Gaming" --
" and Wagering ".
Table
s. 3(1) (definition of "common s. 15(4)
gaming house")
s. 3(2) s. 21A(1) (twice)
s. 3(3) s. 21A(2) (twice)
s. 3(4) s. 23(1)
s. 9(1) s. 24(4)
s. 9(2) s. 25(1)
s. 11(1)(b) s. 29M
page 102
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Gaming Commission Act 1987 amended, transitional and Part 9
savings provisions and consequential amendments
Consequential amendments Division 3
s. 172
s. 13 s. 30(1)
s.14(1)(b) s. 32(1)
s. 14(2)(a)
s. 15(3)(d)
172. Gaming Commission (Continuing Lotteries Levy) Act 2000
amended
(1) The amendments in this section are to the Gaming Commission
(Continuing Lotteries Levy) Act 2000*.
5 [* Act No. 5 of 2000.]
(2) Section 1 is amended by inserting after "Gaming" --
" and Wagering ".
(3) Section 3(1) is amended by inserting after "Gaming" --
" and Wagering ".
10 173. Liquor Licensing Act 1988 amended
(1) The amendments in this section are to the Liquor Licensing
Act 1988*.
[* Reprinted as at 23 February 2001.
For subsequent amendments see 2001 Index to Legislation of
15 Western Australia, Table 1, p. 211 and Act No. 23 of 2002.]
(2) Section 3(1) is amended by deleting the definition of "Gaming
Commission" and inserting instead --
"
"Gaming and Wagering Commission" means the
20 Gaming and Wagering Commission established
under the Gaming and Wagering Commission
Act 1987;
".
page 103
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 9 Gaming Commission Act 1987 amended, transitional and
savings provisions and consequential amendments
Division 3 Consequential amendments
s. 174
(3) Section 115(1)(c) is amended by deleting "the Gaming
Commission Act 1987" and inserting instead --
" the Gaming and Wagering Commission Act 1987 ".
(4) In each place listed in the Table to this section "the Gaming
5 Commission" is deleted and the following is inserted instead --
" the Gaming and Wagering Commission ".
Table
s. 44(1) s. 97(2)(d)
s. 44(3) s. 97(3)(d)
s. 45(1)(b) s. 97(4)(d)
s. 45(2) s. 97(5)(d)
s. 45(4)(a) s. 97(6)(d)
s. 78
s. 83(1)
174. Racing and Wagering Western Australia Act 2003 amended
(1) The amendments in this section are to the Racing and Wagering
10 Western Australia Act 2003.
(2) In each place listed in the Table to this subsection "and
Wagering" is inserted after "Gaming".
Table
s. 3(1) (definitions of "Commission", s. 104(1)
"gaming", "Sports Wagering
Account" and "wagering")
s. 10(1)(i) s. 107(1)
s. 14(5) Schedule 1 clause 2(1)(e)
s. 86(2)
(3) The definition of "Commission" in section 3(1) is amended by
15 inserting "and Wagering" after "the Gaming".
page 104
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Gaming Commission Act 1987 amended, transitional and Part 9
savings provisions and consequential amendments
Consequential amendments Division 3
s. 175
175. Consequential amendments to other Acts
(1) Schedule 1 to the Financial Administration and Audit Act 1985*
is amended by deleting "Gaming Commission of Western
Australia" and inserting instead --
5 " Gaming and Wagering Commission of Western Australia ".
[* Reprinted as at 16 September 2002.
For subsequent amendments see Acts Nos. 30 and 38 of
2002.]
(2) Sections 61(2)(c) and 74 of the Police Act 1892* are amended
10 by inserting after "Gaming" --
" and Wagering ".
[* Reprinted as at 12 January 2001.
For subsequent amendments see Act No. 6 of 2002.]
(3) Section 9(1a) of the Stamp Act 1921* is amended by deleting
15 "Gaming Commission established under section 4 of the
Gaming Commission Act 1987" and inserting instead --
"
Gaming and Wagering Commission of Western
Australia established under the Gaming and Wagering
20 Commission Act 1987
".
[* Reprinted as at 3 August 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 354 and Acts Nos. 7, 11 and 25
25 of 2002.]
page 105
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 10 Police Act 1892 amended and savings provision
s. 176
Part 10 -- Police Act 1892 amended and
savings provision
176. The Act amended
The amendment in this Part is to the Police Act 1892*.
5 [* Reprinted as at 12 January 2001.
For subsequent amendments see Act No. 6 of 2002.]
177. Part VI Division 2 repealed
Part VI Division 2 is repealed.
178. Savings provision
10 Despite section 11 of The Criminal Code and section 10 of the
Sentencing Act 1995 and the repeal by section 177 of a
provision of the Police Act 1892 that creates an offence --
(a) an investigation or legal proceedings in respect of any
such offence alleged to have been committed before the
15 commencement of section 177 may be commenced or
continued; and
(b) a person may be sentenced or otherwise dealt with for
the alleged offence as if the provision had not been
repealed.
page 106
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Racing Penalties (Appeals) Act 1990 amended and transitional Part 11
provisions
Amendments Division 1
s. 179
Part 11 -- Racing Penalties (Appeals) Act 1990
amended and transitional provisions
Division 1 -- Amendments
179. The Act amended
5 The amendments in this Part are to the Racing Penalties
(Appeals) Act 1990*.
[* Reprinted as at 19 October 2001.]
180. Section 3 amended
(1) Section 3 is amended as follows:
10 (a) by inserting after the section designation "3." the
subsection designation "(1)";
(b) by deleting the definitions of "club", "committee",
"controlling authority", "galloper", "greyhound racing",
"greyhound racing club", "Greyhound Racing Rules",
15 "harness racing", "harness racing club", "horse racing",
"horse racing club", "racing club", "Rules of Racing"
and "Rules of Trotting";
(c) by deleting the definition of "the TAB";
(d) by inserting in the appropriate alphabetical places the
20 following definitions --
"
"RWWA" means Racing and Wagering Western
Australia established under the Racing and
Wagering Western Australia Act 2003;
25 "RWWA Act" means the Racing and Wagering
Western Australia Act 2003;
"steward" means a steward appointed under the
RWWA Act;
"thoroughbred" means a horse which when raced is
30 galloped and is ridden by a jockey;
";
page 107
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 11 Racing Penalties (Appeals) Act 1990 amended and transitional
provisions
Division 1 Amendments
s. 181
(e) in the definition of "race meeting" by deleting
"gallopers" and inserting instead --
" thoroughbreds ";
(f) in the definition of "racing" in paragraph (c) by deleting
5 "horse" and inserting instead --
" thoroughbred ";
(g) in the definition of "runner" --
(i) by deleting "horse" and inserting instead --
" thoroughbred "; and
10 (ii) by deleting "galloper" and inserting instead --
" thoroughbred ".
(2) At the end of section 3 the following subsection is inserted --
"
(2) A word or expression used in this Act has the same
15 meaning as it has in the RWWA Act unless --
(a) this Act gives it another meaning; or
(b) the contrary intention appears in some other way.
".
181. Section 7 amended
20 Section 7(1)(b) is amended as follows:
(a) by deleting "galloper" and inserting instead --
" thoroughbred ";
(b) by deleting "horse" and inserting instead --
" thoroughbred ".
25 182. Section 12 amended
(1) Section 12(1) is amended as follows:
(a) by deleting "a controlling authority, racing club,
committee or stewards" and inserting instead --
" a steward, a racing club or a committee ";
page 108
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Racing Penalties (Appeals) Act 1990 amended and transitional Part 11
provisions
Amendments Division 1
s. 183
(b) by deleting "the rules of the appropriate controlling
authority" and inserting instead --
" the rules of racing ";
(c) by deleting "that controlling authority" and inserting
5 instead --
" RWWA ".
(2) Section 12(2) is repealed and the following subsection is
inserted instead --
"
10 (2) An appeal under subsection (1) to RWWA shall be
heard and determined in accordance with the rules of
racing.
".
(3) Section 12(3) is amended by deleting "an appropriate
15 controlling authority" and inserting instead --
" RWWA ".
183. Section 13 amended
Section 13(1) is amended by deleting "an appropriate
controlling authority, of a racing club, or of any committee or
20 stewards" and inserting instead --
"
RWWA, of a steward, of a racing club, or of a
committee
".
25 184. Section 14 amended
Section 14(1)(a) is amended by deleting "the appropriate
controlling authority, or of any racing club, or of any committee
or stewards" and inserting instead --
"
30 RWWA, of a steward, of a racing club, or of a
committee
".
page 109
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 11 Racing Penalties (Appeals) Act 1990 amended and transitional
provisions
Division 1 Amendments
s. 185
185. Section 15 amended
(1) Section 15(1) is amended as follows:
(a) in paragraph (b) by deleting "Greyhound Racing Rules,
the Rules of Racing or the Rules of Trotting or in the
5 constitution, rules, or articles of an appropriate
controlling authority, or a racing club," and inserting
instead --
"
Rules of Greyhound Racing, the Rules of
10 Harness Racing or the Rules of Thoroughbred
Racing or in the constitution, rules or articles of
a racing club,
".
(b) by deleting "a controlling authority" and inserting
15 instead --
" RWWA ".
(2) Section 15(2) is amended by deleting "a controlling authority"
and inserting instead --
" RWWA ".
20 186. Section 16 amended
(1) Section 16(2)(d) is amended by deleting "controlling authority
or other persons" and inserting instead --
" person ".
(2) Section 16(3) is amended as follows:
25 (a) in paragraph (d)(i) by deleting "on the appropriate
controlling authority, or";
(b) by inserting after paragraph (d)(i) the following
subparagraph --
"
30 (ia) on RWWA;
".
page 110
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Racing Penalties (Appeals) Act 1990 amended and transitional Part 11
provisions
Amendments Division 1
s. 187
(3) Section 16(4) is amended by deleting "any controlling authority,
club, committee or stewards" and inserting instead --
" RWWA, a steward or a club or committee ".
187. Section 17 amended
5 (1) Section 17(7) is amended as follows:
(a) by deleting "any appropriate controlling authority,
racing club, committee or stewards" and inserting
instead --
"
10 RWWA, a steward, racing club or committee, as
appropriate
";
(b) by deleting paragraph (a) and inserting the following
paragraph instead --
15 "
(a) to RWWA;
";
(c) by deleting "that controlling authority, racing club or
committee or by those stewards" and inserting
20 instead --
"
RWWA or by that steward, racing club or committee
";
(d) by deleting "the controlling authority" and inserting
25 instead --
" RWWA ".
(2) Section 17(9) is amended as follows:
(a) in paragraph (b) by deleting "the appropriate controlling
authority," and inserting instead --
30 " RWWA or the appropriate ";
page 111
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 11 Racing Penalties (Appeals) Act 1990 amended and transitional
provisions
Division 1 Amendments
s. 188
(b) in paragraph (d) by deleting "the appropriate controlling
authority," and inserting instead --
" RWWA or the appropriate ".
188. Section 19 amended
5 (1) Section 19(1) is amended as follows:
(a) by deleting "Every controlling authority, racing club,
committee, stewards or" and inserting instead --
"
RWWA and each steward, racing club, committee and
10 ".
(b) by inserting after "given by the Tribunal" the
following --
" to that person ".
(2) Section 19(2) is amended as follows:
15 (a) by deleting paragraph (a) and inserting the following
paragraphs instead --
"
(a) RWWA;
(aa) a steward;
20 ";
(b) in paragraph (c) by deleting "or stewards".
189. Section 24 amended
(1) Section 24(1)(c) and "and" following are deleted and the
following paragraph is inserted instead --
25 "
(c) moneys payable in accordance with
subsection (4); and
".
page 112
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Racing Penalties (Appeals) Act 1990 amended and transitional Part 11
provisions
Amendments Division 1
s. 189
(2) Section 24(2), (3) and (4) are repealed and the following
subsections are inserted instead --
"
(2) The Registrar, before the end of each financial year,
5 shall --
(a) make an estimate of the total anticipated cost of
the operations of the Tribunal for the ensuing
financial year of the Tribunal; and
(b) submit that estimate, adjusted in accordance
10 with subsection (3), to the Minister for
approval.
(3) The estimate submitted under subsection (2)(b) shall be
adjusted --
(a) to include the amount, if any, by which the
15 amount paid by RWWA under subsection (4) in
respect of the previous financial year, fell short
of the actual total cost of the operations of the
Tribunal for that financial year; or
(b) to exclude the amount, if any, by which the
20 amount paid by RWWA under subsection (4) in
respect of the previous financial year, exceeded
the actual total cost of the operations of the
Tribunal for that financial year,
as the case requires.
25 (4) The amount representing the estimate approved by the
Minister under subsection (2) shall be --
(a) deducted by RWWA from the moneys that, but
for section 105(1)(h) or 106(1)(h) of the RWWA
Act, would otherwise be available to be paid or
30 credited to racing clubs by RWWA under
section 105 or 106 of the RWWA Act; and
(b) paid by RWWA to the Tribunal.
".
(3) Section 24(5), (6) and (7) are repealed.
page 113
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 11 Racing Penalties (Appeals) Act 1990 amended and transitional
provisions
Division 2 Transitional provisions
s. 190
190. Section 25 amended
Section 25(2)(a) is amended by deleting "the appropriate
controlling authority" and inserting instead --
" RWWA ".
5 191. Section 27 repealed
Section 27 is repealed.
192. Schedule amended
Clause 3(2) of the Schedule is amended as follows:
(a) in paragraph (b) by deleting "galloper" and inserting
10 instead --
" thoroughbred ";
(b) in paragraph (c) by deleting "gallopers" and inserting
instead --
" thoroughbreds ";
15 (c) by deleting paragraph (d) and inserting the following
paragraph instead --
"
(d) a director of RWWA or a member of staff of
RWWA.
20 ".
Division 2 -- Transitional provisions
193. Appeals
If, immediately before the coming into operation of this section,
the Tribunal had the jurisdiction to hear and determine an
25 appeal, or an application for leave to appeal and subsequent
appeal, any appeal, or application for leave to appeal and
subsequent appeal, that could have been made under that
jurisdiction in relation to a determination made before the
page 114
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Racing Penalties (Appeals) Act 1990 amended and transitional Part 11
provisions
Transitional provisions Division 2
s. 194
coming into operation of this section, may be made to or
continued by, and determined by, the Tribunal.
194. Funds of Tribunal
Despite the amendments to section 24 of the Racing Penalties
5 (Appeals) Act 1990 effected by section 189 of this Act --
(a) the amount of funds available to the Racing Penalties
Appeal Tribunal of Western Australia under
subsection (1)(c) of section 24 of the Racing Penalties
(Appeals) Act 1990 for any financial year commencing
10 before the coming into operation of section 189 of this
Act is to be the amount approved by the Minister for
that financial year under that section before the coming
into operation of section 189 of this Act;
(b) to the extent that that amount has not been paid to the
15 Tribunal by the Totalisator Agency Board before the
coming into operation of section 189 of this Act, the
amount is to be paid by RWWA.
page 115
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 12 Western Australian Greyhound Racing Authority Act 1981
amended, transitional provision, and consequential
amendments
Division 1 Amendments
s. 195
Part 12 -- Western Australian Greyhound Racing
Authority Act 1981 amended, transitional provision,
and consequential amendments
Division 1 -- Amendments
5 195. The Act amended
The amendments in this Part are to the Western Australian
Greyhound Racing Authority Act 1981*.
[* Reprinted as at 1 January 1999.
For subsequent amendments see 2001 Index to Legislation of
10 Western Australia, Table 1, p. 410.]
196. Long title amended
The long title is amended by deleting "Authority" and inserting
instead --
" Association ".
15 197. Section 1 amended
Section 1 is amended by deleting "Authority" and inserting
instead --
" Association ".
198. Section 3 repealed
20 Section 3 is repealed.
199. Section 4 amended
Section 4 is amended as follows:
(a) by deleting the definitions of "Authority" and "warn
off ";
page 116
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Western Australian Greyhound Racing Authority Act 1981 Part 12
amended, transitional provision, and consequential
amendments
Amendments Division 1
s. 199
(b) in the definition of "greyhound racing club" by deleting
"but does not include the Authority" and inserting
instead --
" and includes the Association ";
5 (c) in the definition of "greyhound trial track" by deleting
"a race course at which greyhound racing is conducted
by the Authority or";
(d) by deleting the definition of "licensed" and inserting
instead --
10 "
"licensed", in relation to a race course, means licensed
by RWWA under the RWWA Act;
";
(e) by deleting the definitions of "registered" and "rules of
15 racing" and inserting instead --
"
"registered" means registered by RWWA under the
RWWA Act;
"rules of racing" means rules made by RWWA under
20 section 45 of the RWWA Act;
";
(f) in the definition of "trainer" by deleting the semicolon
and inserting a full stop instead;
(g) by inserting in the appropriate alphabetical positions the
25 following definitions --
"
"Association" means the Western Australian
Greyhound Racing Association established by this
Act;
30 "RWWA" means Racing and Wagering Western
Australia established under the RWWA Act;
"RWWA Act" means the Racing and Wagering
Western Australia Act 2003;
".
page 117
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 12 Western Australian Greyhound Racing Authority Act 1981
amended, transitional provision, and consequential
amendments
Division 1 Amendments
s. 200
200. Headings to Parts II and III amended
The headings to Parts II and III are amended by deleting
"Authority" and inserting instead --
" Association ".
5 201. Section 5 amended
(1) Section 5(1) is amended by deleting " the "Western Australian
Greyhound Racing Authority"" and inserting instead --
"
the "Western Australian Greyhound Racing
10 Association"
".
(2) After section 5(5) the following subsection is inserted --
"
(6) The Association is a racing club eligible for
15 registration under the RWWA Act and, if so registered,
the board is taken to be the committee of the racing
club.
".
202. Section 7 amended
20 Section 7 is amended as follows:
(a) in paragraph (a) by deleting "control, supervise, promote
and regulate" and inserting instead --
" promote ";
(b) by deleting paragraphs (ba) and (bb).
25 203. Section 7A amended
Section 7A(2) is repealed.
page 118
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Western Australian Greyhound Racing Authority Act 1981 Part 12
amended, transitional provision, and consequential
amendments
Amendments Division 1
s. 204
204. Section 7B repealed
Section 7B is repealed.
205. Section 8 amended
Section 8(1) is amended by deleting "delegation and its powers
5 in relation to the making of rules of racing) to a member of the
board, a steward or other" and inserting instead --
" delegation) to a member of the board, an ".
206. Section 12 amended
Section 12 is amended by deleting "Governor on the nomination
10 of the".
207. Section 13 amended
(1) Section 13(1) is amended as follows:
(a) by deleting "Governor" and inserting instead --
" Minister ";
15 (b) by deleting "Betting Control Board" and inserting
instead --
" Gaming and Wagering Commission ".
(2) Section 13(2) is amended by deleting "Governor" and inserting
instead --
20 " Minister ".
208. Section 15 amended
(1) Section 15(1) is amended by deleting "stewards and other".
(2) Section 15(3) is amended by deleting "after consultation with
the Public Service Board".
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Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 12 Western Australian Greyhound Racing Authority Act 1981
amended, transitional provision, and consequential
amendments
Division 1 Amendments
s. 209
(3) Section 15(4) is amended by deleting "a steward or other
officer" and inserting instead --
" an officer ".
209. Section 16 amended
5 Section 16(2) is amended as follows:
(a) by deleting paragraph (a);
(b) in paragraph (b) by deleting "all other" and inserting
instead --
" all ".
10 210. Section 17 repealed
Section 17 is repealed.
211. Section 21 replaced
Section 21 is repealed and the following section is inserted
instead --
15 "
21. Preventing performance of powers and functions
A person shall not obstruct, threaten or insult the
Association, the board, a member of the board or an
officer, employee or agent of the Association.
20 Penalty: $5 000.
".
212. Section 22 amended
Section 22(2) is repealed and the following subsection is
inserted instead --
25 "
(2) Without limiting subsection (1) a statement is made in
relation to greyhound racing if it is made to the
Association, the board, a member of the board or an
page 120
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Western Australian Greyhound Racing Authority Act 1981 Part 12
amended, transitional provision, and consequential
amendments
Amendments Division 1
s. 213
officer, employee or agent of the Association while that
body or person is exercising powers or functions
conferred by or under this Act.
".
5 213. Section 23 repealed
Section 23 is repealed.
214. Part VI repealed
Part VI is repealed.
215. Section 35 amended
10 Section 35(b) is amended by deleting "a steward or other
officer" and inserting instead --
" an officer ".
216. Section 36 amended
Section 36 is amended as follows:
15 (a) by deleting paragraph (a);
(b) by deleting "the board,";
(c) by deleting "or any stewards".
217. Schedule 1 amended
(1) Schedule 1 clause 1(3) is amended by deleting "Governor" and
20 inserting instead --
" Minister ".
(2) Schedule 1 clause 4 is amended by deleting "on the
recommendation of the Public Service Board".
page 121
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 12 Western Australian Greyhound Racing Authority Act 1981
amended, transitional provision, and consequential
amendments
Division 2 Transitional provision
s. 218
218. References to "Authority" amended
In each place listed in the Table to this section "Authority" is
deleted and the following is inserted instead --
" Association ".
5 Table
s. 4 (definitions of "Chairman", s.15(1)
"Chief Executive Officer",
"Deputy Chairman", "Fund",
"member" (twice))
s. 5(2) s.15(3)
s. 5(3) s.15(4)
s. 5(4) s. 16(1) (twice)
s. 5(5) s. 16(2)(b) (twice) and (c)
s. 6 s. 16(3)
s. 7 (twice) s. 16(4) (3 times)
s. 7A(1) s. 18
s. 8(1) (twice) s. 19(1)
s. 8(2) (twice) s. 19(2)
s. 8(3) (twice) s. 32
s. 9 (twice) s. 33 (twice)
s. 10 s. 34(1) (twice)
s. 13(1) (twice) s. 34(2) (3 times)
s. 13(2) s. 35(b)
s. 40(1)
s. 40(2)
Division 2 -- Transitional provision
219. Renamed body is same body
(1) The body renamed as the Western Australian Greyhound
Racing Association by section 201(1) is the same body as the
10 Western Australian Greyhound Racing Authority previously
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Western Australian Greyhound Racing Authority Act 1981 Part 12
amended, transitional provision, and consequential
amendments
Consequential amendments Division 3
s. 220
established under section 5 of the Western Australian
Greyhound Racing Authority Act 1981.
(2) Where in a written law or in any document of any kind, there is
a reference to the Western Australian Greyhound Racing
5 Authority, that reference is, unless because of the context it
would be inappropriate to do so, to be read and construed as if it
had been amended to be a reference to the Western Australian
Greyhound Association.
Division 3 -- Consequential amendments
10 220. Dog Act 1976 amended
(1) The amendments in this section are to the Dog Act 1976*.
[* Reprinted as at 9 November 2001.]
(2) Section 30(3)(a) is deleted and the following paragraph is
inserted instead --
15 "
(a) a greyhound participating in a greyhound race
or trial held under a licence issued under the
Racing and Wagering Western Australia
Act 2003;
20 ".
(3) Section 33(2)(b) and "and" following are deleted and the
following paragraph is inserted instead --
"
(b) a greyhound is exempt from section 31(1) while
25 it is participating in a greyhound race or trial
held under a licence issued under the Racing
and Wagering Western Australia Act 2003; and
".
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Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 12 Western Australian Greyhound Racing Authority Act 1981
amended, transitional provision, and consequential
amendments
Division 3 Consequential amendments
s. 221
221. Consequential amendments to other Acts
(1) Schedule V Part 3 to the Constitution Acts Amendment
Act 1899* is amended in the item relating to the Western
Australian Greyhound Racing Authority as follows:
5 (a) by deleting "Authority" and inserting instead --
" Association ";
(b) by deleting "Authority" and inserting instead --
" Association ".
[* Reprinted as at 8 June 2001.
10 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 72 and Acts Nos. 24 and 25 of
2001, and 5, 20 and 30 of 2002.]
(2) Schedule 1 to the Financial Administration and Audit Act 1985*
is amended by deleting "Western Australian Greyhound Racing
15 Authority" and inserting instead --
" Western Australian Greyhound Racing Association ".
[* Reprinted as at 16 September 2002.
For subsequent amendments see Acts Nos. 30 and 38 of
2002.]
20 (3) Schedule 1 item 20 to the Public Sector Management Act 1994*
is amended as follows:
(a) by deleting "Authority" and inserting instead --
" Association ";
(b) by deleting "Authority" and inserting instead --
25 " Association ".
[* Reprinted as at 9 February 2001.
For subsequent amendments see Acts Nos. 24 of 2001 and 20
of 2002.]
page 124
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Western Australian Greyhound Racing Authority Act 1981 Part 12
amended, transitional provision, and consequential
amendments
Consequential amendments Division 3
s. 221
(4) Schedule 1 to the Sentencing Act 1995* is amended in the item
relating to the Western Australian Greyhound Racing Authority
Fund as follows:
(a) by deleting "Authority" and inserting instead --
5 " Association ";
(b) by deleting "Authority" and inserting instead --
" Association ".
[* Reprinted as at 4 May 2001.
For subsequent amendments see 2001 Index to Legislation of
10 Western Australia, Table 1, p. 339 and Acts Nos. 24 of 2001
and 7 of 2002.]
page 125
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 13 Western Australian Trotting Association Act 1946 amended
and transitional and savings provisions
Division 1 Amendments
s. 222
Part 13 -- Western Australian Trotting Association
Act 1946 amended and transitional and savings
provisions
Division 1 -- Amendments
5 222. The Act amended
The amendments in this Division are to the Western Australian
Trotting Association Act 1946*.
[* Reprinted as at 2 May 1977.
For subsequent amendments see 2001 Index to Legislation of
10 Western Australia, Table 1, p. 415.]
223. Long title amended
The long title is amended by deleting "; to provide for the
establishment of a Country Clubs' Benefit Fund".
224. Section 2 amended
15 Section 2 is amended as follows:
(a) by deleting the semicolon after the definition of
"Committee" and inserting a full stop;
(b) by deleting the definitions of "Country Club", "District
Council", "metropolitan area" and "Minister".
20 225. Section 6 repealed
Section 6 is repealed.
page 126
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Western Australian Trotting Association Act 1946 amended Part 13
and transitional and savings provisions
Amendments Division 1
s. 226
226. Section 7 replaced
Section 7 is repealed and the following section is inserted
instead --
"
5 7. By-laws
(1) The Committee may make by-laws prescribing all
matters that are necessary or convenient to be
prescribed for giving effect to the purposes of this Act.
(2) Without limiting subsection (1), by-laws may --
10 (a) prescribe the objects, purposes and powers of
the Association;
(b) regulate the application of the income and
property of the Association and the manner in
which funds of the Association are to be
15 controlled;
(c) regulate the management of the Association;
(d) provide for the election of members of the
Committee and the constitution, procedure,
functions and powers of the Committee;
20 (e) regulate the election or qualifications for
admission of members of the Association;
(f) regulate the suspension or expulsion of
members of the Association;
(g) regulate appeals from decisions of the
25 Committee;
(h) provide for the entrance fees, subscriptions and
other amounts (if any) to be paid by members
of the Association;
(i) provide for the keeping of a register of
30 members;
(j) regulate the procedure at and in relation to
general or special meetings of members;
page 127
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 13 Western Australian Trotting Association Act 1946 amended
and transitional and savings provisions
Division 1 Amendments
s. 227
(k) provide for the custody and use of the common
seal of the Association;
(l) provide for matters concerned or connected
with the property of, or held in trust for, the
5 Association, including admission fees and other
charges;
(m) provide for the general management of the
property of, or held in trust for, the Association,
races and race meetings.
10 (3) By-laws shall be --
(a) made by resolution passed by an absolute
majority of members of the Committee; and
(b) published in any manner that the Committee
considers appropriate.
15 (4) By-laws are not --
(a) written laws or subsidiary legislation as defined
in the Interpretation Act 1984;
(b) regulations as defined in the Interpretation
Act 1984 section 42.
20 (5) Section 43 (other than subsections (6) and (8)(a)(ii)),
44, 45 and 47 of the Interpretation Act 1984 apply to
by-laws as if they were subsidiary legislation as
defined in that Act.
(6) To the extent that by-laws are inconsistent with any
25 written law or with rules of racing made under the
Racing and Wagering Western Australia Act 2003, the
by-laws are of no effect.
".
227. Section 8 repealed
30 Section 8 is repealed.
page 128
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Western Australian Trotting Association Act 1946 amended Part 13
and transitional and savings provisions
Transitional and savings provisions Division 2
s. 228
228. Section 9 amended
Section 9(3) is amended by deleting "or of the by-laws made
thereunder" in both places where it occurs.
229. Section 12 repealed
5 Section 12 is repealed.
230. Section 14 amended
Section 14 is amended by the deleting "the fifteenth day of "
and inserting instead --
" 30 ".
10 231. Sections 15 and 16 repealed
Sections 15 and 16 are repealed.
232. First Schedule repealed
The First Schedule is repealed.
233. Second Schedule repealed
15 The Second Schedule is repealed.
Division 2 -- Transitional and savings provisions
234. Interpretation
In this Division --
"WATA" means the Western Australian Trotting Association
20 constituted under the WATA Act;
"WATA Act" means the Western Australian Trotting
Association Act 1946.
235. Country Clubs' Benefit Fund
(1) Any funds which immediately before commencement day are
25 held in the Country Clubs' Benefit Fund under section 15 of the
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Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 13 Western Australian Trotting Association Act 1946 amended
and transitional and savings provisions
Division 2 Transitional and savings provisions
s. 236
WATA Act are on commencement day to be transferred to an
account maintained under section 88 of the RWWA Act and
nominated by RWWA.
(2) Funds transferred under subsection (1) may be expended by
5 RWWA for any purpose the board of RWWA thinks fit.
236. By-laws -- continuation and expiry
(1) Despite section 232, and subject to subsections (2) and (3), any
rules of racing and rules of wagering made by RWWA under
the RWWA Act, by-laws made under the WATA Act that were
10 in force immediately before commencement day continue in
force with such changes as are necessary on and after
commencement day as if they were made under section 7 of that
Act as amended by this Act.
(2) Subsection (1) does not continue the operation of any by-law
15 that could not be made under section 7 of the WATA Act as
amended by this Act.
(3) The by-laws continued in force under subsection (1), expire
12 months after the coming into operation of this section, or on
a day fixed by order of the Minister published in the Gazette,
20 whichever is the earlier day.
(4) Nothing in this section affects the operation of section 37 of the
RWWA Act.
page 130
Racing and Gambling Legislation Amendment and Repeal Bill 2003
The Western Australian Turf Club Act 1892 amended and Part 14
transitional provision
Amendments Division 1
s. 237
Part 14 -- The Western Australian Turf Club Act 1892
amended and transitional provision
Division 1 -- Amendments
237. The Act amended
5 The amendments in this Part are to The Western Australian Turf
Club Act 1892*.
[* Reprinted as at 18 August 1986.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 416.]
10 238. Section 13 replaced
Section 13 is repealed and the following section is inserted
instead --
"
13. By-laws
15 (1) The committee may make by-laws prescribing all
matters that are necessary or convenient to be
prescribed for giving effect to the purposes of this Act.
(2) Without limiting subsection (1) by-laws may --
(a) prescribe the objects, purposes and powers of
20 the club;
(b) regulate the application of the income and
property of the club and the manner in which
funds are to be controlled;
(c) regulate the management of the club;
25 (d) provide for the election of members of the
committee and the constitution, procedure,
functions and powers of the Committee;
(e) regulate the election or qualifications for
admission of members of the club;
page 131
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 14 The Western Australian Turf Club Act 1892 amended and
transitional provision
Division 1 Amendments
s. 238
(f) regulate the suspension or expulsion of
members of the club;
(g) regulate appeals from decisions of the
Committee;
5 (h) provide for the entrance fees, subscriptions and
other amounts (if any) to be paid by members
of the club;
(i) provide for the keeping of a register of
members;
10 (j) regulate the procedure at and in relation to
general or special meetings of members;
(k) provide for matters concerned or connected
with the property of, or held in trust for, the
club;
15 (l) prescribe tolls and charges for the purposes of
section 24; and
(m) provide for the general management of the land
vested in the chairman and buildings on that
land, races and race meetings.
20 (3) By-laws shall be --
(a) made by resolution passed by an absolute
majority of members of the committee; and
(b) published in any manner that the committee
considers appropriate.
25 (4) By-laws are not --
(a) written laws or subsidiary legislation as defined
in the Interpretation Act 1984; or
(b) regulations as defined in the Interpretation
Act 1984 section 42.
30 (5) Section 43 (other than subsections (6) and (8)(a)(ii)),
44, 45 and 47 of the Interpretation Act 1984 apply to
page 132
Racing and Gambling Legislation Amendment and Repeal Bill 2003
The Western Australian Turf Club Act 1892 amended and Part 14
transitional provision
Transitional provision Division 2
s. 239
by-laws as if they were subsidiary legislation as
defined in that Act.
(6) To the extent that a by-law is in conflict or inconsistent
with any written law or with rules of racing made
5 under the Racing and Wagering Western Australia
Act 2003, the by-law is of no effect.
".
239. Sections 14 to 20 repealed
Sections 14, 15, 16, 17, 18, 19 and 20 are repealed.
10 240. Section 22 amended
Section 22 is amended by deleting "or of the by-laws made
under this Act".
241. Section 23 amended
Section 23 is amended by deleting "or of the by-laws made
15 under this Act".
Division 2 -- Transitional provision
242. By-laws -- continuation and expiry
(1) Subject to subsections (2) and (3) and any rules of racing and
rules of wagering made by RWWA under the RWWA Act,
20 by-laws made under The Western Australian Turf Club Act 1892
that were in force immediately before commencement day
continue in force with such changes as are necessary on and
after commencement day as if they were made under section 13
of that Act as amended by this Act.
25 (2) Subsection (1) does not continue the operation of any by-law
that could not be made under section 13 of The Western
Australian Turf Club Act 1892 as amended by this Act.
(3) The by-laws continued in force under subsection (1), expire
12 months after the coming into operation of this section, or on
page 133
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Part 14 The Western Australian Turf Club Act 1892 amended and
transitional provision
Division 2 Transitional provision
s. 242
a day fixed by order of the Minister published in the Gazette,
whichever is the earlier day.
(4) Nothing in this section affects the operation of section 36 of the
RWWA Act.
page 134
Racing and Gambling Legislation Amendment and Repeal Bill 2003
Workers' Compensation and Rehabilitation Act 1981 amended Part 15
s. 243
Part 15 -- Workers' Compensation and Rehabilitation
Act 1981 amended
243. The Act amended
The amendments in this Part are to the Workers' Compensation
5 and Rehabilitation Act 1981*.
[* Reprinted as at 14 September 2001.]
244. Section 11A amended
Section 11A(1) is amended as follows:
(a) by deleting "licensed as a jockey with The Western
10 Australian Turf Club" and inserting instead --
"
licensed as a jockey under the Racing and Wagering
Western Australia Act 2003
";
15 (b) in paragraph (a) by deleting "with The Western
Australian Turf Club" and inserting instead --
"
under the Racing and Wagering Western
Australia Act 2003
20 ";
(c) in paragraph (b) by deleting "licensed by The Western
Australian Turf Club" and inserting instead --
"
licensed as a trainer under the Racing and
25 Wagering Western Australia Act 2003
";
(d) by deleting "and The Western Australian Turf Club" and
inserting instead --
" and Racing and Wagering Western Australia ".
page 135
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