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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Racing and Wagering Western Australia
Bill 2003
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Definitions 2
Part 2 -- Racing and Wagering
Western Australia
Division 1 -- Establishment
4. Racing and Wagering Western Australia established 8
5. RWWA not an agent of the Crown 8
6. RWWA and officers not part of public sector 8
Division 2 -- Board of directors
7. Board of directors 8
8. How the board of directors is constituted 8
9. Nomination and selection procedure 9
10. Certain persons not eligible to be a director or a
member of a selection panel 10
11. Selection panel 11
12. Eligible bodies 12
13. Failure to nominate, appoint or resign office 12
14. Licensing of directors 13
15. Certain provisions about the board of directors 14
16. Committees 14
17. Remuneration and allowances 14
178--3 page i
Racing and Wagering Western Australia Bill 2003
Contents
18. Conflict of duties 15
19. Disclosure of material personal interests 15
Division 3 -- Staff
20. Chief executive officer 16
21. Role of CEO 17
22. Staff 17
23. Superannuation 17
Division 4 -- Conduct and integrity of staff
24. Licensing of key employees 18
25. Duties of CEO and staff 19
Part 3 -- Functions of RWWA
Division 1 -- General provisions
26. General functions 20
27. RWWA can act at its discretion 20
28. Duty to observe policy instruments 20
29. Duty to act on commercial principles 20
Division 2 -- General powers and related
provisions
30. Powers generally 21
31. Use of names for RWWA and its operations 22
32. Subsidiaries 23
33. Delegation 24
Part 4 -- Specialised functions in
relation to racing
Division 1 -- General
34. Interpretation 25
35. Functions in relation to racing in general 25
36. Thoroughbred racing 26
37. Harness racing 27
38. Greyhound racing 27
39. Licensing of racecourses, race meetings, races and
tracks 27
40. Registration of racing clubs 28
41. Registration of horses and greyhounds 28
42. Licensing of owners, trainers, jockeys, drivers and
associated persons 29
43. Directions by RWWA 29
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Racing and Wagering Western Australia Bill 2003
Contents
44. Other disciplinary action that may be taken by
RWWA 30
45. Rules of racing 31
46. Production of racing club records to RWWA 34
Division 2 -- Integrity Assurance Committee
47. Integrity Assurance Committee 35
48. Constitution of IAC 35
49. Functions of IAC 35
Part 5 -- Specialised functions in
relation to gambling
Division 1 -- General
50. Functions of RWWA in relation to gambling 37
51. Establishment of offices and agencies 38
52. Commission may direct RWWA not to establish
agency 38
53. Payments to Commission 39
Division 2 -- Conduct of wagering
54. RWWA may conduct wagering 39
55. Totalisator and fixed odds wagers authorised 40
56. Wagering on RWWA totalisator or with RWWA is
not an offence 41
57. RWWA not precluded from not accepting, or from
refunding, wagers 42
Division 3 -- Totalisator wagering
58. Wagers transmitted from racing club to RWWA 42
59. Combined totalisator pool schemes 43
60. Payment of refunds and dividends by RWWA 44
Division 4 -- Fixed odds wagering
61. Fixed odds wagering arrangements with other persons 45
62. Payment of fixed odds winning by RWWA 46
Division 5 -- Miscellaneous
63. Provisions relating to wagers through RWWA 46
64. Wagering accounts 47
65. Minimum amount of a wager 48
page iii
Racing and Wagering Western Australia Bill 2003
Contents
Part 6 -- Accountability
Division 1 -- Strategic development plans
66. Draft strategic development plan to be submitted to
Minister 49
67. Period to which strategic development plan relates 49
68. Matters to be included in strategic development plan 49
69. Strategic development plan to be agreed if possible 50
70. Minister's powers in relation to draft strategic
development plan 50
71. Strategic development plan pending agreement 51
72. Minister's agreement to draft strategic development
plan 51
73. Modifications of strategic development plan 51
74. Concurrence of Treasurer 52
Division 2 -- Statement of corporate intent
75. Statement of corporate intent to be submitted to
Minister 52
76. Period to which statement of corporate intent relates 52
77. Matters to be included in statement of corporate intent 52
78. Minister may request revision of statement of
corporate intent 53
79. Statement of corporate intent laid before Parliament 54
80. Modifications of statement of corporate intent 54
Division 3 -- Directions, consultation and
provision of information
81. Directions to RWWA 54
82. Consultation 54
83. Minister to have access to information 55
84. Minister to be kept informed 56
85. Notice of financial difficulty 56
86. RWWA records 57
Division 4 -- Protection from liability
87. Protection for disclosure 58
Part 7 -- Financial provisions
Division 1 -- General
88. Bank account 59
89. Investment 59
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Racing and Wagering Western Australia Bill 2003
Contents
90. Reserve accounts 59
91. Payment of outgoings and expenses 59
Division 2 -- Loans and grants
92. RWWA may lend or grant money to racing clubs and
allied bodies 60
93. Terms and conditions of loan 60
94. Failure to comply with terms and conditions 61
95. Application and security for loan or grant 62
96. Club or allied body may make representations to
board 62
Division 3 -- Borrowing
97. Borrowing 62
98. Borrowing restrictions 63
99. Hedging transactions 64
Division 4 -- Guarantees
100. Guarantees 64
101. Charges for guarantee 65
Division 5 -- Financial provisions in relation to
wagering
102. RWWA wagering tax 65
103. Supplementary pool schemes 66
104. Unclaimed dividends, fixed odds winnings and
refunds 66
105. Allocation of RWWA's funds before 1 August 2006 67
106. Allocation of RWWA's funds after 31 July 2006 69
107. Allocation of RWWA's funds in respect of sporting
events 70
Division 6 -- General
108. Application of Financial Administration and Audit
Act 1985 70
Part 8 -- Miscellaneous
Division 1 -- Protection of people dealing with
RWWA
109. People dealing with RWWA may make assumptions 71
110. Third parties may make assumptions 71
111. Things that can be assumed 71
112. When those things cannot be assumed 72
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Racing and Wagering Western Australia Bill 2003
Contents
Division 2 -- Other provisions
113. Entry and inspection of premises 73
114. Commissioner of State Revenue may enter and
inspect RWWA premises 75
115. Miscellaneous offences 75
116. Immunity from certain claims 76
117. Laying documents before House of Parliament that is
not sitting 76
118. Execution of documents by RWWA 77
119. Contract formalities 78
120. Rules of wagering 78
121. Regulations 79
122. Review of Act 80
Schedule 1 -- Provisions about the
constitution and proceedings of
RWWA's board of directors 82
1. Term of office 82
2. Casual vacancies 82
3. Deputy chairperson 83
4. Alternate directors 83
5. Meetings 84
6. Telephone and video meetings 84
7. Resolution may be passed without meeting 84
8. Voting by interested directors 85
9. Minutes of meetings and resolutions 86
10. Leave of absence 87
11. Board to determine own procedures 87
Schedule 2 -- Provisions about CEO
and staff 88
Division 1 -- General duties of CEO 88
1. Duties of CEO 88
Division 2 -- Particular duties stated 88
2. Interpretation 88
3. Duty to act honestly 88
4. Duty to exercise reasonable care and diligence 89
5. Duty not to make improper use of information 89
6. Duty not to make improper use of position 89
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Racing and Wagering Western Australia Bill 2003
Contents
Division 3 -- Compensation 90
7. Payment of compensation may be ordered 90
8. Civil proceedings for recovery 90
Division 4 -- Relief from liability 90
9. Relief from liability 90
10. Application for relief 91
11. Case may be withdrawn from jury 91
12. Compliance with directions 91
Division 5 -- Restrictions on indemnities and
exemptions 92
13. Indemnification and exemption of CEO and executive
officers 92
14. Insurance premiums for certain liabilities of CEO and
executive officers 93
15. Certain indemnities, exemptions, payments and
agreements not authorised and certain documents void 93
Schedule 3 -- Provisions to be included
in constitution of subsidiaries 94
1. Disposal of shares 94
2. Directors 94
3. Further shares 94
4. Subsidiaries of subsidiary 94
page vii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in committee)
Racing and Wagering Western Australia
Bill 2003
A Bill for
An Act to --
· establish Racing and Wagering Western Australia;
· authorise the provision and operation of totalisators through
RWWA;
· make provision for totalisator and other gambling with RWWA,
and for related matters.
The Parliament of Western Australia enacts as follows:
page 1
Racing and Wagering Western Australia Bill 2003
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Racing and Wagering Western
Australia Act 2003.
5 2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
3. Definitions
10 (1) In this Act, unless the contrary intention appears --
"allied body" means a body that provides facilities, including
training facilities, that are integral to the thoroughbred
racing industry, the harness racing industry or the
greyhound racing industry;
15 "Australian Greyhound Racing Rules" means the rules
relating to the control of greyhound racing approved by the
Australian and New Zealand Greyhound Racing
Association (or any successor to that body) as amended and
in force from time to time;
20 "Australian Rules of Harness Racing" means the rules
relating to the control of harness racing approved by the
Australian Harness Racing Council Inc. (or any successor
to that body) as amended and in force from time to time;
"Australian Rules of Racing" means the rules relating to the
25 control of thoroughbred racing approved by the Australian
Racing Board (or any successor to that body) as amended
and in force from time to time;
"board" means the board of directors of RWWA;
"CEO" means the person holding the office of chief executive
30 officer of RWWA created under section 20;
page 2
Racing and Wagering Western Australia Bill 2003
Preliminary Part 1
s. 3
"club" includes a society or association;
"combined totalisator pool scheme" means a combined
totalisator pool scheme in which RWWA participates under
section 59;
5 "Commission" means the Gaming Commission established
under section 4 of the Gaming Commission Act 1987;
"committee", in relation to a racing club, includes the
governing body of the club or a body constituted by the
club to make determinations on behalf of the club;
10 "Corporations Act" means the Corporations Act 2001 of the
Commonwealth;
"country" means that part of the State not included in the
Metropolitan Region Town Planning Scheme Act 1959;
"director" means a director appointed, nominated or selected
15 under section 8;
"eligible person" means a person who is eligible to be
appointed, nominated or selected as a director;
"fixed odds wager" means a wager where a fixed amount that
will be won if the wager is successful is determined before
20 the wager is accepted;
"gambling" means wagering or gaming;
"gambling operations" means the business of RWWA referred
to in section 50(1)(b);
"gaming" has the same meaning as in the Gaming Commission
25 Act 1987;
"greyhound racing" means the racing, in competitive pursuit
of an artificial lure, of greyhounds registered with the
Australian Stud Book maintained by the Australian and
New Zealand Greyhound Association or with a registration
30 authority approved by RWWA, and "greyhound race" and
"greyhound race meeting" have corresponding meanings;
"harness racing" means the racing of horses registered with the
Australian Harness Racing Council, or otherwise eligible to
page 3
Racing and Wagering Western Australia Bill 2003
Part 1 Preliminary
s. 3
race, under the Australian Rules of Harness Racing, and
includes pacing and trotting, and "harness race" and
"harness race meeting" have corresponding meanings;
"member of staff " means a person engaged under section 22;
5 "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;
"prescribed" means prescribed by the regulations;
"race" means a thoroughbred race, a harness race or a
10 greyhound race;
"racecourse" means a racecourse used for races;
"race meeting" means a meeting at which races are held;
"racing club" means a body of persons, corporate or
unincorporate, that promotes or holds, or is formed to
15 promote or hold, a race meeting;
"racing industry" means the thoroughbred racing industry, the
harness racing industry and the greyhound racing industry,
or any of those industries;
"racing year" means a period of 12 months commencing on
20 1 August;
"record" means any thing or process --
(a) upon or by which information is recorded or stored;
or
(b) by means of which a meaning can be conveyed by
25 any means in a visible or recoverable form,
whether or not the assistance of some electronic, electrical,
mechanical, chemical or other machine or process is
required to convey the information or meaning;
"rules of racing" means rules made under section 45;
30 "rules of wagering" means rules made under section 120;
page 4
Racing and Wagering Western Australia Bill 2003
Preliminary Part 1
s. 3
"RWWA" means the body corporate called Racing and
Wagering Western Australia that is established by
section 4;
"sporting event" means --
5 (a) any cricket match or series of cricket matches
selected by RWWA;
(b) any match or series of matches selected by RWWA
from Australian Rules Football fixtures; or
(c) any other event that is prescribed in the rules of
10 wagering or by the regulations as a sporting event,
but does not include a race or trial;
"Sports Wagering Account" means the account referred to in
section 110A of the Gaming Commission Act 1987;
"subsidiary" means --
15 (a) a body determined to be a subsidiary of RWWA
under subsection (3); and
(b) any interest or other rights of RWWA in a unit trust,
joint venture or partnership where the interest or
other rights of RWWA in connection with the unit
20 trust, joint venture or partnership entitle RWWA
to --
(i) control the composition of the governing body
of the unit trust, joint venture or partnership;
(ii) cast, or control the casting of, more than
25 one-half of the maximum number of votes
that might be cast at a general meeting of the
unit trust, joint venture or partnership; or
(iii) control the business affairs of the unit trust,
joint venture or partnership;
30 "thoroughbred racing" means the racing of horses registered
with the Registrar of Racehorses, or otherwise eligible to
race, under the Australian Rules of Racing, and
page 5
Racing and Wagering Western Australia Bill 2003
Part 1 Preliminary
s. 3
"thoroughbred race" and "thoroughbred race meeting"
have corresponding meanings;
"totalisator" means the instrument known as "the totalisator"
and includes --
5 (a) any other machine, instrument or contrivance of a
like nature and conducted on the like principles
lawfully operated under any Act;
(b) any totalisator pool scheme conducted by RWWA
under this Act for enabling any number of persons to
10 make wagers with one another on like principles;
"totalisator agency" means any totalisator agency established
and operated under this Act, and includes any premises on
which wagers may be made on a race or event through or
with RWWA;
15 "totalisator ticket" includes any ticket, card, token or thing --
(a) entitling, or purporting to entitle, any person to any
interest in any division or distribution of any money
by means of or in connection with or as the result of
the operations of a totalisator; or
20 (b) issued by RWWA acknowledging that a wager has
been made through or with RWWA;
"Treasurer" means Treasurer of the State;
"trial" means an event held for the purpose of testing or
training horses or greyhounds for which no prizemoney,
25 trophy or other reward, gratuity or privilege of more than
nominal value is offered;
"wagering" has the same meaning as in the Gaming
Commission Act 1987;
"WAGRA" means the Western Australian Greyhound Racing
30 Association established under the Western Australian
Greyhound Racing Association Act 1981;
"WATA" means the Western Australian Trotting Association
constituted under the Western Australian Trotting
Association Act 1946;
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Racing and Wagering Western Australia Bill 2003
Preliminary Part 1
s. 3
"WATC" means the body known as The Western Australian
Turf Club.
(2) Without limiting section 46 of the Interpretation Act 1984,
unless the contrary intention appears --
5 (a) a reference in this Act to "this Act" includes a reference
to any rules of racing made under, or continued for the
purposes of, this Act; and
(b) a reference in any other written law to the RWWA Act
includes a reference to any rules of racing made under,
10 or continued for the purposes of, this Act.
(3) Part 1.2 Division 6 of the Corporations Act applies for the
purpose of determining whether a body is a subsidiary of
RWWA.
page 7
Racing and Wagering Western Australia Bill 2003
Part 2 Racing and Wagering Western Australia
Division 1 Establishment
s. 4
Part 2 -- Racing and Wagering Western Australia
Division 1 -- Establishment
4. Racing and Wagering Western Australia established
(1) A body called Racing and Wagering Western Australia is
5 established.
(2) RWWA is a body corporate with perpetual succession.
(3) Proceedings may be taken by or against RWWA in its corporate
name.
5. RWWA not an agent of the Crown
10 RWWA is not an agent of the Crown and does not have the
status, immunity, and privileges of the Crown.
6. RWWA and officers not part of public sector
(1) RWWA is not, and is not to become, a public sector body under
the Public Sector Management Act 1994.
15 (2) Neither the CEO nor any member of staff is to be included in
the Senior Executive Service provided for by the Public Sector
Management Act 1994.
Division 2 -- Board of directors
7. Board of directors
20 (1) RWWA is to have a board of directors.
(2) The board of directors is the governing body of RWWA and, in
the name of RWWA, is to perform RWWA's functions under
this Act.
8. How the board of directors is constituted
25 (1) The board of directors is to be constituted by the following
directors --
(a) the chairperson of the board;
page 8
Racing and Wagering Western Australia Bill 2003
Racing and Wagering Western Australia Part 2
Board of directors Division 2
s. 9
(b) one person nominated by eligible thoroughbred racing
bodies;
(c) one person nominated by eligible harness racing bodies;
(d) one person nominated by eligible greyhound racing
5 bodies;
(e) 4 persons selected for their expertise in management,
finance, business, commerce or information technology.
(2) At least one of the persons selected for the purposes of
subsection (1)(e) is to have knowledge of, and experience in,
10 regional development.
(3) Section 10 specifies persons who are not eligible to be
appointed, nominated or selected as a director.
(4) The chairperson of the board is to be appointed by the Minister.
(5) The persons referred to in subsection (1)(e) are to be selected by
15 a panel established under section 11.
(6) A body is eligible for the purposes of paragraph (b), (c) or (d) of
subsection (1) if it has been declared to be an eligible body for
the purposes of that paragraph under section 12.
9. Nomination and selection procedure
20 (1) The Minister may determine, by order published in the
Gazette --
(a) the manner in which, and the criteria on which, persons
are to be nominated or selected for the purposes of
section 8(1);
25 (b) other procedures to be followed for making nominations
under section 8(1),
and persons nominated or selected under section 8(1) are to be
nominated or selected in accordance with that order.
(2) A nomination or selection for the purposes of section 8(1) takes
30 effect on a day approved by the Minister.
page 9
Racing and Wagering Western Australia Bill 2003
Part 2 Racing and Wagering Western Australia
Division 2 Board of directors
s. 10
10. Certain persons not eligible to be a director or a member of
a selection panel
(1) A person is not eligible to be appointed, nominated or selected
as a director under section 8, or as a member of a selection
5 panel under section 11, if the person is --
(a) under the age of 18 years;
(b) a member of staff of RWWA (not including the CEO);
(c) a RWWA agent or a person employed in a RWWA
agency;
10 (d) an employee or officer of a racing club;
(e) an employee or officer of a body declared to be an
eligible body under section 12;
(f) licensed under the Betting Control Act 1954;
(g) currently warned off or disqualified under this Act;
15 (h) a person whose name is currently on the Forfeits List
under the Australian Rules of Racing or the Unpaid
Forfeits List under the Rules of Harness Racing or who
is currently declared a defaulter under the Rules of
Greyhound Racing;
20 (i) a person who has been refused a licence under
section 14 of this Act or has had a licence revoked under
section 109K(3) of the Gaming Commission Act 1987;
or
(j) disqualified from managing corporations under
25 Part 2D.6 of the Corporations Act 2001 of the
Commonwealth.
(2) Without limiting subsection (1), a person is also not eligible to
be selected as a director under section 8(1)(e) if the person is or
has been, at any time during the preceding 2 years, a member of
30 the committee of a racing club or the holder of an office on the
governing body of a body declared to be an eligible body under
section 12.
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Racing and Wagering Western Australia Bill 2003
Racing and Wagering Western Australia Part 2
Board of directors Division 2
s. 11
(3) If a member of the committee of a racing club or the holder of
an office on the governing body of a body declared to be an
eligible body under section 12 is appointed or nominated as a
director or member of a selection panel, that person cannot take
5 office as a director or member of a selection panel until he or
she has resigned from, or otherwise ceased to hold, office as a
member of the committee or office holder of the governing
body.
11. Selection panel
10 (1) A selection panel is to be established for the purposes of
section 8(1)(e) and (5).
(2) The selection panel is to comprise the following members --
(a) one person appointed by the Minister whom the Minister
considers has knowledge and experience in human
15 resource management and senior executive recruitment;
(b) one director selected under section 8(1)(e) and
nominated by the board;
(c) one person nominated by eligible thoroughbred racing
bodies;
20 (d) one person nominated by eligible harness racing bodies;
(e) one person nominated by eligible greyhound racing
bodies.
(3) Section 10 specifies persons who are not eligible to be
appointed or nominated as a member of a selection panel.
25 (4) A body is eligible for the purposes of paragraph (c), (d) or (e) of
subsection (2) if it has been declared to be an eligible body for
the purposes of that paragraph under section 12.
(5) A nomination under subsection (2) --
(a) is to be made in writing to the Minister; and
30 (b) takes effect on a date determined by the Minister.
page 11
Racing and Wagering Western Australia Bill 2003
Part 2 Racing and Wagering Western Australia
Division 2 Board of directors
s. 12
(6) The Minister may direct by written notice that part or all of an
order published under section 9(1) applies in respect of
nominations under this section.
(7) The members of the selection panel are to appoint a member as
5 chairperson.
(8) Subject to subsections (9) and (10), a person remains on the
selection panel for such period, not exceeding 3 years, as is
specified by the Minister, and is eligible for reappointment or
renomination as the case requires.
10 (9) A person may resign from the selection panel by written notice
to the Minister.
(10) The Minister may by written notice remove a person from the
selection panel.
(11) The selection panel may determine its own procedures.
15 12. Eligible bodies
RWWA is to declare, by written notice, which bodies are
eligible bodies for the purposes of section 8(1)(b), (c) and (d)
and section 11(2)(b), (c), (d) and (e).
13. Failure to nominate, appoint or resign office
20 (1) If --
(a) an eligible body or group of eligible bodies fails to
nominate an eligible person under section 8(1)(b), (c)
or (d) or section 11(2)(c), (d) or (e); or
(b) the board of RWWA fails to nominate a person under
25 section 11(2)(b) or appoint a person under Schedule 1
clause 3(1),
within 30 days after receiving a written request from the
Minister, the Minister may nominate an eligible person as a
director or member or appoint a person as deputy chairperson,
30 as the case requires, and the person so nominated or appointed
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Racing and Wagering Western Australia Bill 2003
Racing and Wagering Western Australia Part 2
Board of directors Division 2
s. 14
is taken for all purposes to have been nominated by the relevant
body or appointed by the Minister, as the case requires.
(2) If a person appointed or nominated as a director, or member of a
selection panel, fails to resign from or cease to hold office as a
5 member or holder of an office as mentioned in section 10(3)
within 30 days of the appointment or the day determined by the
Minister as the day on which the nomination takes effect, the
Minister may appoint or nominate another eligible person as
director or member, as the case requires, and the person so
10 appointed or nominated is taken for all purposes to have been
appointed or nominated under the relevant provision of this Act.
14. Licensing of directors
(1) The Commission may, in accordance with the regulations,
license, or refuse to license, a director.
15 (2) The Commission may carry out such investigations as it
considers necessary and desirable for the purposes of satisfying
itself that a person is a suitable person to be licensed as a
director.
(3) Without limiting the matters that may be investigated under
20 subsection (2), investigations made under that subsection must
include such investigations as the Commission considers
necessary or desirable to inform itself of --
(a) the reputation, financial status, and capacity to be
concerned in the management of RWWA of the director;
25 and
(b) such other matters as may be prescribed.
(4) The director must provide the Commission with the information
and records --
(a) the Commission requires for the purposes of the
30 investigation; and
(b) the person is able to provide.
page 13
Racing and Wagering Western Australia Bill 2003
Part 2 Racing and Wagering Western Australia
Division 2 Board of directors
s. 15
(5) A licence may be revoked under section 109K(3) of the Gaming
Commission Act 1987.
15. Certain provisions about the board of directors
Schedule 1 applies in relation to the board of directors.
5 16. Committees
(1) The board may --
(a) appoint committees of directors or other persons; and
(b) discharge, alter or reconstitute any committee.
(2) A committee is to comply with any direction or requirement of
10 the board.
(3) A committee may, with the approval of the board, invite any
person, including a member of staff, to participate in a meeting
of the committee but such a person cannot vote on any
resolution before the committee.
15 (4) Subject to subsection (2), a committee may determine its own
procedures.
17. Remuneration and allowances
(1) A director, a member of a selection panel appointed under
section 11 or a member of a committee appointed under
20 section 16 or 47 is to be paid out of the funds of RWWA
remuneration and allowances determined by the Minister.
(2) Subject to subsections (3) and (4), the same rates of
remuneration and the same allowances are to apply to all the
directors.
25 (3) Remuneration is not to be paid to a director who holds a
full-time office or position that is remunerated out of moneys
appropriated by Parliament.
page 14
Racing and Wagering Western Australia Bill 2003
Racing and Wagering Western Australia Part 2
Board of directors Division 2
s. 18
(4) Despite subsection (2) --
(a) the chairperson is to be paid out of the funds of RWWA
additional remuneration and allowances determined by
the Minister;
5 (b) the deputy chairperson is to be paid additional
remuneration and allowances out of the funds of
RWWA if, and to the extent that, the Minister
determines; and
(c) if a director is a member of a selection panel under
10 section 11 or a committee under section 16, the director
is to be paid additional remuneration and allowances out
of the funds of RWWA if, and to the extent, that the
Minister determines.
18. Conflict of duties
15 (1) When performing a function under this Act a director is to put
the interests of RWWA ahead of the interests of any body that
nominated the director.
(2) If a person is both a public service officer and a director --
(a) the person's duties as a director are to prevail if a
20 conflict arises between those duties and the person's
other duties as a public service officer; and
(b) the person does not have any immunity of the Crown in
respect of the duties and liabilities imposed on directors
by this Act.
25 (3) In this section --
"public service officer" means a person who is employed in
the Public Service under Part 3 of the Public Sector
Management Act 1994.
19. Disclosure of material personal interests
30 (1) A director who has a notifiable interest in a matter involving
RWWA must, as soon as possible after the relevant facts have
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Racing and Wagering Western Australia Bill 2003
Part 2 Racing and Wagering Western Australia
Division 3 Staff
s. 20
come to the director's knowledge, disclose the nature of the
interest at a meeting of the board.
Penalty: $5 000.
(2) A disclosure under subsection (1) is to be recorded in the
5 minutes of the meeting.
(3) In subsection (1) --
"notifiable interest" means an interest in the matter that will,
under Schedule 1 clause 8(1), disqualify the director from
voting on the matter at a meeting of the board unless
10 allowed to do so by resolution under clause 8(3) or a
declaration under clause 8(6).
Division 3 -- Staff
20. Chief executive officer
(1) RWWA is to have a chief executive officer.
15 (2) The powers --
(a) to appoint and remove the CEO; and
(b) to fix and alter the terms and conditions of service of the
CEO,
are vested in the board.
20 (3) The CEO may resign from office by giving written notice to the
board.
(4) The right to resign under subsection (3) must be exercised in
accordance with the terms and conditions of service of the CEO.
(5) The board may appoint a person to act in the office of CEO
25 during any period when the CEO is, or is expected to be, absent
from the State or on leave or unable for any other reason to
carry out the duties of office.
page 16
Racing and Wagering Western Australia Bill 2003
Racing and Wagering Western Australia Part 2
Staff Division 3
s. 21
21. Role of CEO
Subject to the control of the board, the CEO is responsible for,
and has all the powers needed to administer, the day to day
operations of RWWA.
5 22. Staff
(1) The power to engage and manage the staff of RWWA is vested
in the board.
(2) The power conferred by subsection (1) --
(a) includes powers to determine remuneration and other
10 terms and conditions of service of staff, to remove,
suspend and discipline staff and to terminate the
employment of staff; and
(b) does not preclude the delegation of any matter under
section 33.
15 (3) The remuneration of and other terms and conditions of
employment of staff are not to be less favourable than is
provided for in --
(a) an applicable award, order or agreement under the
Industrial Relations Act 1979; or
20 (b) the Minimum Conditions of Employment Act 1993.
23. Superannuation
(1) RWWA may grant, or make provision for the grant of,
retirement benefits to members or former members of staff and
their dependants and for that purpose may, subject to section 30
25 of the State Superannuation Act 2000 --
(a) establish, manage and control; or
(b) enter into an arrangement with any body for the
establishment, management and control by that body
either alone or jointly with RWWA of,
30 any fund or scheme for the purpose of providing for such
retirement benefits.
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Racing and Wagering Western Australia Bill 2003
Part 2 Racing and Wagering Western Australia
Division 4 Conduct and integrity of staff
s. 24
(2) RWWA may make contributions to any fund or scheme referred
to in subsection (1).
(3) In subsection (1) --
"members of staff " includes the CEO.
5 (4) Nothing in this section affects the operation of the State
Superannuation Act 2000 in relation to RWWA or members or
former members of staff or their dependants.
Division 4 -- Conduct and integrity of staff
24. Licensing of key employees
10 (1) The regulations may --
(a) require RWWA key employees to be persons who are
licensed, provisionally or otherwise, by the
Commission;
(b) make provision as to the licensing of RWWA key
15 employees; and
(c) make provision as to the conduct of persons as RWWA
key employees.
(2) In this section --
"public interest" means public interest having regard to the
20 creation and maintenance of public confidence and trust in
the credibility, integrity and stability of RWWA's
gambling operations;
"RWWA key employee" means a person --
(a) employed or working for RWWA in a managerial
25 capacity or empowered to make decisions, involving
the exercise of that person's discretion, that regulate
the gambling operations of RWWA; or
(b) who, because of that person's influence,
remuneration or function, the Commission
30 determines in the public interest should be designated
as such.
page 18
Racing and Wagering Western Australia Bill 2003
Racing and Wagering Western Australia Part 2
Conduct and integrity of staff Division 4
s. 25
25. Duties of CEO and staff
(1) Schedule 2 has effect in relation to the CEO, former CEOs,
members of staff and former members of staff.
(2) For the purposes of Schedule 2, the board may designate a
5 member of staff as an executive officer by resolution --
(a) passed by the board; and
(b) notified in writing to the member of staff,
and may in the same manner revoke such a designation.
page 19
Racing and Wagering Western Australia Bill 2003
Part 3 Functions of RWWA
Division 1 General provisions
s. 26
Part 3 -- Functions of RWWA
Division 1 -- General provisions
26. General functions
(1) RWWA has --
5 (a) the functions conferred or imposed on it by or under this
Act or any other written law; and
(b) such other functions as may be prescribed.
(2) RWWA may affiliate with such organisations, whether in or out
of the State, as RWWA considers appropriate.
10 (3) RWWA may perform any of its functions in the State or
elsewhere.
27. RWWA can act at its discretion
The conferral of a function on RWWA does not impose a duty
on RWWA to do any particular thing and, subject to any
15 enactment, it has a discretion as to how and when it performs
the function.
28. Duty to observe policy instruments
RWWA is to perform its functions in accordance with its
strategic development plan and its statement of corporate intent
20 as existing from time to time.
29. Duty to act on commercial principles
(1) RWWA in performing its functions must --
(a) act in accordance with prudent commercial principles; and
(b) endeavour to make a profit.
25 (2) If there is any conflict or inconsistency between the duty
imposed under subsection (1) and the duty imposed by
section 28, the duty imposed by section 28 prevails.
page 20
Racing and Wagering Western Australia Bill 2003
Functions of RWWA Part 3
General powers and related provisions Division 2
s. 30
Division 2 -- General powers and related provisions
30. Powers generally
(1) RWWA has all the powers it needs to perform its functions.
(2) RWWA may for the purpose of performing a function --
5 (a) acquire, hold, maintain, manage, improve, develop, and
dispose of real or personal property;
(b) enter into any contract or arrangement including a
contract or arrangement with any person for the
performance of the function by that person on behalf of
10 RWWA;
(c) produce and deal in any equipment, facilities or system
associated with, the performance of the function;
(d) apply for the grant of any licence or other authority;
(e) acquire, establish and operate --
15 (i) any undertaking necessary or convenient for the
performance of the function; and
(ii) any associated undertaking;
(f) appoint agents or engage persons under contracts for
services to provide professional, technical or other
20 assistance to RWWA;
(g) participate in any business arrangement and acquire,
hold and dispose of shares, units or other interests in, or
relating to, a business arrangement;
(h) carry out any investigation, survey, exploration or
25 feasibility study;
(i) collaborate in, carry out, or procure the carrying out of,
research and publish information that results from the
research;
(j) develop and turn to account any technology, software or
30 other intellectual property that relates to the function
and, for that purpose, apply for, hold, exploit and
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Racing and Wagering Western Australia Bill 2003
Part 3 Functions of RWWA
Division 2 General powers and related provisions
s. 31
dispose of any patent, patent rights, copyright or similar
rights; and
(k) promote and market RWWA and its activities.
(3) Subsection (2) does not limit subsection (1) or any of RWWA's
5 other powers.
(4) RWWA may --
(a) make gifts for charitable purposes or for other purposes
of benefit to the community or a section of the
community;
10 (b) make any ex gratia payments that it considers to be in
RWWA's interest; and
(c) accept any gift, devise or bequest if it is absolute, or
subject to conditions that are within RWWA's functions.
(5) In this section --
15 "business arrangement" means a company, a partnership, a
trust, a joint venture or an arrangement for sharing profits;
"participate" includes form, promote, establish, enter, manage,
dissolve, wind up, and do things incidental to participating
in a business arrangement.
20 31. Use of names for RWWA and its operations
(1) RWWA may use and operate under one or more trading names,
being --
(a) an abbreviation or adaptation of the name given by
section 4(1); or
25 (b) any other name.
(2) Without limiting subsection (1), RWWA may carry on its
gambling operations under the trading name "TAB".
page 22
Racing and Wagering Western Australia Bill 2003
Functions of RWWA Part 3
General powers and related provisions Division 2
s. 32
32. Subsidiaries
(1) RWWA must advise the Minister before it acquires a subsidiary
or enters into any transaction that will result in the acquisition of
a subsidiary.
5 (2) RWWA must ensure that the constitution of every subsidiary of
RWWA that under a written law or the Corporations Act is
required to have a constitution --
(a) contains provisions to the effect of those required by
Schedule 3;
10 (b) is consistent with this Act; and
(c) is not amended in a way that is inconsistent with this
Act.
(3) RWWA must, to the maximum extent practicable, ensure that
every subsidiary of RWWA complies with its constitution and
15 with this Act.
(4) The provisions of this Act prevail to the extent of any
inconsistency with the constitution of any subsidiary of
RWWA.
(5) A director, the CEO or a member of staff may with the approval
20 of RWWA become --
(a) a member of the committee of an incorporated
association; or
(b) a director of a company,
that is or is to be a subsidiary of RWWA and may represent the
25 interests of RWWA on that committee or the board of directors
of that company.
(6) Neither subsections (2) and (3), nor provisions referred to in
subsection (2)(a) included in the constitution of a subsidiary,
make RWWA or the Minister a director of a subsidiary for the
30 purposes of the Corporations Act.
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Racing and Wagering Western Australia Bill 2003
Part 3 Functions of RWWA
Division 2 General powers and related provisions
s. 33
(7) This section and Schedule 3 are declared to be Corporations
legislation displacement provisions for the purposes of
section 5G of the Corporations Act in relation to the
Corporations legislation as defined in section 9 of the
5 Corporations Act.
33. Delegation
(1) RWWA may delegate any power or duty of RWWA under
another provision of this Act or any other written law.
(2) A delegation under subsection (1) may be made to --
10 (a) a director or directors;
(b) the CEO;
(c) a member of staff;
(d) a committee established under section 16 or 47; or
(e) any other person.
15 (3) The delegation must be in writing executed by RWWA.
(4) The delegation may expressly authorise the delegate to further
delegate the power or duty.
(5) A person exercising or performing a power or duty as
authorised under this section is to be taken to do so in
20 accordance with the terms of the delegation unless the contrary
is shown.
(6) Nothing in this section limits the ability of RWWA to act
through an officer or agent.
(7) This section does not apply to the execution of documents but
25 authority to execute documents on behalf of RWWA can be
given under section 118.
page 24
Racing and Wagering Western Australia Bill 2003
Specialised functions in relation to racing Part 4
General Division 1
s. 34
Part 4 -- Specialised functions in relation to racing
Division 1 -- General
34. Interpretation
In this Part a reference to a "person associated with racing" is
5 a reference to the following --
(a) a person who handles horses at a thoroughbred race or
harness race;
(b) a person who handles greyhounds at a greyhound race;
(c) a breeder of horses for thoroughbred or harness racing;
10 (d) a greyhound breeder;
(e) a person who is an officer or employee of a racing club
or is otherwise concerned in the management or control
of any such club;
(f) any other person prescribed for the purposes of this
15 section.
35. Functions in relation to racing in general
(1) Without limiting the functions of RWWA under Parts 3 and 5, it
is a function of RWWA --
(a) to control, regulate and supervise racing in the State;
20 (b) to foster the development, promote the welfare and
ensure the integrity of metropolitan and country
thoroughbred racing, harness racing and greyhound
racing, in the interests of the long term viability of the
racing industry in Western Australia;
25 (c) to undertake and manage racing industry strategic
planning, promotion, marketing, sponsorship and
administration;
(d) to supervise racing clubs and their affairs;
(e) to make loans or grants to racing clubs and allied bodies
30 for purposes specified in Part 7 Division 2;
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Racing and Wagering Western Australia Bill 2003
Part 4 Specialised functions in relation to racing
Division 1 General
s. 36
(f) to determine the race meetings on which RWWA will
conduct off-course wagering;
(g) in consultation with racing clubs, to establish policies
for stake money levels and race conditions and
5 programs;
(h) to establish policies for, and manage the provision of,
programs for apprentice jockey, trainee driver and other
racing industry training requirements;
(i) to endeavour to ensure that racing industry issues such
10 as insurance, broadcasting of race meetings and the
establishment and maintenance of training facilities are
carried out in an appropriate and adequate manner; and
(j) to liaise with government and other authorities, whether
in or out of Western Australia, with respect to, and to
15 represent the interests of, the racing industry in Western
Australia.
(2) Nothing in this Act confers on RWWA power to conduct race
meetings on its own behalf.
36. Thoroughbred racing
20 (1) Subject to this Act, RWWA has all the functions of the principal
club for Western Australia and committee of the principal club
for Western Australia under the Australian Rules of Racing.
(2) The functions of RWWA in relation to thoroughbred racing are
not limited by the Australian Rules of Racing.
25 (3) WATC ceases to have the functions that are solely the functions
of the principal club for Western Australia or committee of the
principal club for Western Australia under the Australian Rules
of Racing.
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Racing and Wagering Western Australia Bill 2003
Specialised functions in relation to racing Part 4
General Division 1
s. 37
37. Harness racing
(1) Subject to this Act, RWWA has all the functions of the
controlling body for Western Australia under the Australian
Rules of Harness Racing.
5 (2) The functions of RWWA in relation to harness racing are not
limited by the Australian Rules of Harness Racing.
(3) WATA ceases to have the functions that are solely the functions
of the controlling body for Western Australia under the
Australian Rules of Harness Racing.
10 38. Greyhound racing
(1) Subject to this Act, RWWA has all the functions of the racing
authority and registration authority for Western Australia under
the Australian Greyhound Racing Rules.
(2) The functions of RWWA in relation to greyhound racing are not
15 limited by the Australian Greyhound Racing Rules.
(3) WAGRA ceases to have the functions that are solely the
functions of the racing authority and registration authority for
Western Australia under the Australian Greyhound Racing
Rules.
20 39. Licensing of racecourses, race meetings, races and tracks
(1) RWWA may, in accordance with the rules of racing and the
regulations, license or refuse to license --
(a) a racecourse;
(b) a race meeting;
25 (c) a race; and
(d) training and trial tracks.
(2) An application for a licence is to be made by a racing club or an
allied body in a form approved by RWWA.
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Racing and Wagering Western Australia Bill 2003
Part 4 Specialised functions in relation to racing
Division 1 General
s. 40
(3) A licence may be issued subject to such conditions as RWWA
determines.
(4) RWWA may, in accordance with the rules of racing and the
regulations, suspend or cancel a licence issued under
5 subsection (1).
40. Registration of racing clubs
(1) RWWA may, in accordance with the rules of racing and the
regulations, register or refuse to register a racing club.
(2) An application for registration is to be made in a form approved
10 by RWWA.
(3) Registration may be issued subject to such conditions as
RWWA determines.
(4) RWWA may, in accordance with the rules of racing and the
regulations, suspend or cancel the registration of a racing club.
15 41. Registration of horses and greyhounds
(1) RWWA may, in accordance with the rules of racing and the
regulations, register or refuse to register --
(a) any thoroughbred racing horse;
(b) any harness racing horse; or
20 (c) any greyhound.
(2) An application for registration is to be made in a form approved
by RWWA.
(3) Registration may be issued subject to such conditions as
RWWA determines.
25 (4) RWWA may, in accordance with the rules of racing and the
regulations, suspend or cancel the registration of any animal
under this section.
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Racing and Wagering Western Australia Bill 2003
Specialised functions in relation to racing Part 4
General Division 1
s. 42
42. Licensing of owners, trainers, jockeys, drivers and
associated persons
(1) In this section --
"licence" includes an approval or permit.
5 (2) RWWA may, in accordance with the rules of racing and the
regulations, license or refuse to license --
(a) any owner or trainer of thoroughbred racing horses,
harness racing horses or greyhounds;
(b) any jockey, apprentice jockey or track work rider;
10 (c) any driver of harness racing horses; or
(d) any other person associated with racing.
(3) An application for a licence is to be made in a form approved by
RWWA.
(4) A licence may be issued subject to such conditions as RWWA
15 determines.
(5) RWWA may, in accordance with the rules of racing and the
regulations, suspend or cancel the licence of any person under
this section.
43. Directions by RWWA
20 (1) RWWA may give directions to a racing club or an allied body
to carry out works to improve safety at a racecourse or training
track.
(2) A racing club or an allied body must comply with a direction
under subsection (1).
25 (3) A direction may be given to a racing club or an allied body
under subsection (1) whether or not an application for assistance
under Part 7 Division 2 by that racing club or allied body is
being considered, or has been granted, by RWWA.
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Racing and Wagering Western Australia Bill 2003
Part 4 Specialised functions in relation to racing
Division 1 General
s. 44
(4) For the purposes of subsection (1) RWWA may --
(a) call for submissions from jockeys and drivers as to
safety issues; and
(b) consider safety issues raised by jockeys and drivers.
5 44. Other disciplinary action that may be taken by RWWA
(1) RWWA may, in accordance with the rules of racing and the
regulations, do all or any of the following --
(a) disqualify, either permanently or temporarily --
(i) any owner or trainer of thoroughbred racing
10 horses, harness racing horses or greyhounds;
(ii) any jockey;
(iii) any driver of harness racing horses; or
(iv) any other person associated with racing;
(b) prohibit any person from participating in or associating
15 with racing in any specified capacity;
(c) prohibit any horse from participating in a thoroughbred
or harness race or trial;
(d) prohibit any greyhound from participating in a
greyhound race or trial;
20 (e) prohibit any person from attending or taking part in a
race meeting or entering upon and remaining on a
racecourse at which racing is conducted or any licensed
racecourse;
(f) impose fines of up to $100 000 for breaches of the rules
25 (other than breaches by persons who are only bound by
the rules by reason of section 45(6)(g)), and recover
those penalties;
(g) suspend, for such term as RWWA thinks fit, any right or
privilege conferred under this Act on any owner or
30 trainer of thoroughbred racing horses, harness racing
horses or greyhounds, jockey, driver of harness racing
horses or other person associated with racing;
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Racing and Wagering Western Australia Bill 2003
Specialised functions in relation to racing Part 4
General Division 1
s. 45
(h) impose non-pecuniary penalties for breaches of the
rules.
(2) A fine imposed under subsection (1)(f) is to be paid to and be
the property of RWWA.
5 45. Rules of racing
(1) RWWA may make rules of racing with respect to the control,
regulation and supervision of --
(a) thoroughbred racing (the Rules of Thoroughbred
Racing);
10 (b) harness racing (the Rules of Harness Racing); and
(c) greyhound racing (the Rules of Greyhound Racing),
that are required or permitted by this Act to be made or that
RWWA considers necessary or convenient for the performance
of its functions and the exercise of its powers.
15 (2) Without limiting subsection (1), RWWA may make rules of
racing for or with respect to --
(a) any of the matters referred to in section 39, 40, 41, 42
or 44;
(b) the effect of a disqualification of, or other penalty
20 imposed on, a person, horse or greyhound under
section 44(1)(a);
(c) the holding and conduct of race meetings and of races at
any such meeting;
(d) the holding and conduct of trials and jump-outs at a
25 racecourse or a training or trial track;
(e) the keeping of horses and greyhounds which are in the
care or custody of persons licensed under this Act;
(f) the breeding of thoroughbred racing horses, harness
racing horses and greyhounds;
30 (g) the naming and identification of thoroughbred racing
horses, harness racing horses and greyhounds;
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Racing and Wagering Western Australia Bill 2003
Part 4 Specialised functions in relation to racing
Division 1 General
s. 45
(h) prizes for races;
(i) fees and charges to be paid to RWWA in respect of
licensing, registration, the services of stewards and other
matters under this Act, and the recovery of fees and
5 charges;
(j) the appointment of stewards;
(k) the powers and duties of --
(i) stewards and other officers, employees and
agents of RWWA in relation to racing; and
10 (ii) racing clubs and their managing bodies,
members, officers, employees and agents;
and
(l) the extent to which and circumstances in which stewards
may exercise their functions to the exclusion of
15 managing bodies, members, officers, employees and
agents of racing clubs.
(3) Without limiting the operation of subsections (1) and (2), rules
of racing may --
(a) authorise a steward or other officers or employees of
20 RWWA to --
(i) impose pecuniary and non-pecuniary penalties as
referred to in section 44; and
(ii) prohibit any person from entering upon and
remaining on a racecourse or a trial track;
25 (b) subject to the Racing Penalties (Appeals) Act 1990,
provide for appeals to RWWA from decisions made
under paragraph (a).
(4) A provision of the rules of racing may authorise any matter or
thing to be from time to time determined, applied, approved or
30 regulated by any specified person or body.
(5) Rules of racing may adopt, either wholly or in part and either
specifically or by reference, the Australian Rules of Racing, the
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Racing and Wagering Western Australia Bill 2003
Specialised functions in relation to racing Part 4
General Division 1
s. 45
Australian Rules of Harness Racing, the Australian Greyhound
Racing Rules and any other rules or standards, codes or
specifications --
(a) as at the time the rules of racing are made or at any time
5 before then; or
(b) as amended from time to time.
(6) Rules of racing apply to, and are binding on --
(a) RWWA, the board, directors, stewards and other
officers, employees and agents of RWWA;
10 (b) racing clubs and their managing bodies, members,
officers, employees and agents;
(c) persons having the management and control of
racecourses or trial tracks and their employees and
agents;
15 (d) trainers, owners and lessees of horses or greyhounds and
their employees and agents;
(e) bookmakers, bookmakers' managers and bookmakers'
employees who hold licences under the Betting Control
Act 1954 and who accept wagers at racecourses;
20 (f) jockeys, drivers, stablehands, attendants and all other
persons participating in, or associated with the keeping,
training and racing of horses or greyhounds; and
(g) all persons attending race meetings or trials or wagering
at race meetings.
25 (7) Notice of the making of rules of racing is to be published in the
Gazette.
(8) A notice under subsection (7) must either set out the text of the
rules of racing or state where a copy of the rules may be
obtained.
30 (9) Rules of racing come into operation on the day of publication of
the notice referred to in subsection (7) or such later day as is
provided for in the rules of racing.
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Racing and Wagering Western Australia Bill 2003
Part 4 Specialised functions in relation to racing
Division 1 General
s. 46
(10) Sections 41, 42 and 43(6) of the Interpretation Act 1984 do not
apply to rules of racing.
(11) To the extent that a rule of racing is inconsistent with a
regulation, the regulation prevails.
5 46. Production of racing club records to RWWA
(1) RWWA may at any time, by written notice, give a direction
to --
(a) a racing club; or
(b) a person who is or has been an officer or employee of,
10 or an agent, banker, solicitor, auditor or other person
acting in any capacity for or on behalf of, a racing club
(including such a club that is in the course of being
wound up or has been dissolved),
requiring the production, at such time and place as are specified
15 in the direction, of such records relating to the affairs of the
racing club as are so specified.
(2) Where any records relating to the affairs of a racing club are
compiled, recorded or stored by means of a mechanical,
electronic or other device, a direction under subsection (1) may
20 require the production of a document containing a clear
reproduction in writing of the whole or any part of those
records.
(3) A person must not, when required under subsection (1) to
produce a record --
25 (a) refuse or neglect to produce the record; or
(b) produce a record that contains information that to the
person's knowledge is false or misleading in a material
particular unless the person discloses that fact when
producing the record.
30 Penalty: $5 000.
page 34
Racing and Wagering Western Australia Bill 2003
Specialised functions in relation to racing Part 4
Integrity Assurance Committee Division 2
s. 47
(4) A reference in this section to the affairs of a racing club is a
reference to the affairs of the club that relate, directly or
indirectly, to racing.
Division 2 -- Integrity Assurance Committee
5 47. Integrity Assurance Committee
(1) The board must establish a committee called the Integrity
Assurance Committee ("the IAC").
(2) The board may alter or reconstitute the IAC at any time.
48. Constitution of IAC
10 (1) The board is to determine the qualifications and
disqualifications for membership of the IAC and in doing so is
to have particular regard to the need to minimise conflicts of
interest, such as might arise from a person's --
(a) ownership of horses or greyhounds currently in work;
15 (b) professional involvement in race preparation; or
(c) professional or commercial dealings with any person
who holds a licence issued by RWWA or with a racing
club.
(2) The IAC may, with the approval of the board, invite any person,
20 including a member of staff, to participate in a meeting of the
IAC but such a person cannot vote on any resolution before the
IAC.
(3) Subject to subsection (2), the IAC may determine its own
procedures.
25 49. Functions of IAC
(1) The IAC has primary oversight of those aspects of RWWA's
functions that relate to --
(a) stewards;
(b) drug testing and control;
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Racing and Wagering Western Australia Bill 2003
Part 4 Specialised functions in relation to racing
Division 2 Integrity Assurance Committee
s. 49
(c) licensing and registration;
(d) handicapping; and
(e) racing appeals.
(2) The IAC --
5 (a) is to advise RWWA on the matters for which the IAC
has primary oversight; and
(b) has such other functions as RWWA may confer on it.
(3) The IAC is to comply with any direction or requirement of the
board.
page 36
Racing and Wagering Western Australia Bill 2003
Specialised functions in relation to gambling Part 5
General Division 1
s. 50
Part 5 -- Specialised functions in relation to gambling
Division 1 -- General
50. Functions of RWWA in relation to gambling
(1) Without limiting the functions and powers of RWWA under
5 Parts 3 and 4, the functions of RWWA in relation to gambling
include the following --
(a) to ensure that on-course wagering by bookmakers and
racing club totalisators is conducted in accordance with
the Betting Control Act 1954 and the rules of wagering;
10 (b) to carry on --
(i) the business of operating an off-course totalisator
wagering service on races and certain sporting
and other events;
(ii) the business of operating an on-course totalisator
15 wagering service on behalf of racing clubs where
it has been engaged to do so;
(iii) the business of setting, accepting and making
fixed odds wagers in relation to races and certain
sporting and other events;
20 (iv) any other business related to gambling authorised
under this Act to be carried on by RWWA;
(v) any other business considered by the board to be
conducive to the success of or incidental to the
business of gambling carried on by RWWA, but
25 so that such other business is not conducted to
the detriment of the business of gambling carried
on by RWWA or in a manner which confers an
unfair commercial advantage;
(c) to develop and implement a scheme for the distribution
30 of net profits and to negotiate funding arrangements
with individual racing clubs.
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Racing and Wagering Western Australia Bill 2003
Part 5 Specialised functions in relation to gambling
Division 1 General
s. 51
(2) RWWA must not exercise any of its functions under this Part
before the day fixed under section 7(2) of the Racing and
Gambling Legislation Amendment and Repeal Act 2003.
51. Establishment of offices and agencies
5 (1) Subject to subsections (2) and (3) and section 52, for the
purposes of this Part RWWA may --
(a) establish offices and totalisator agencies where wagers
may be made --
(i) on a totalisator through or with RWWA; or
10 (ii) with RWWA;
(b) purchase or take on lease or license any land, building or
premises, erect buildings and equip, fit and furnish
buildings or premises as offices and totalisator agencies;
and
15 (c) enter into any agency contracts or other contracts or
arrangements.
(2) RWWA must not establish a totalisator agency on a racecourse
without the prior approval of the committee or other authority
controlling the racecourse.
20 (3) RWWA must not establish a totalisator agency in licensed
premises unless the portion of those premises which is to be
used as a totalisator agency is clearly defined.
52. Commission may direct RWWA not to establish agency
(1) RWWA must not establish a totalisator agency under section 51
25 unless it has given the Commission written notice of its
intention to establish the totalisator agency.
(2) A notice under subsection (1) must be given in the manner
prescribed and include the matters prescribed.
(3) If, in the opinion of the Commission, the conduct of gambling at
30 a totalisator agency or a proposed totalisator agency is, or will
be, detrimental to the public interest, the Commission may, in
page 38
Racing and Wagering Western Australia Bill 2003
Specialised functions in relation to gambling Part 5
Conduct of wagering Division 2
s. 53
accordance with the regulations, direct RWWA to close the
totalisator agency or not to establish the totalisator agency.
(4) RWWA must comply with a direction of the Commission under
subsection (3).
5 53. Payments to Commission
RWWA must, in the prescribed manner, pay to the Commission
an annual fee, to meet the costs of the Commission in regulating
RWWA operations, of such an amount as may be --
(a) determined by the Commission; and
10 (b) approved by the Minister.
Division 2 -- Conduct of wagering
54. RWWA may conduct wagering
(1) In this section --
"race" does not include a trial or training race.
15 (2) RWWA may conduct --
(a) totalisator wagering and fixed odds wagering on --
(i) any race or series of races, whether conducted in
Western Australia or elsewhere;
(ii) any sporting event or series of sporting events,
20 whether conducted in Western Australia or
elsewhere;
(iii) any other event or type of event, whether
conducted in Western Australia or elsewhere;
and
25 (iv) any contingency of, or relating to, a race,
sporting event or other event or type of event;
and
page 39
Racing and Wagering Western Australia Bill 2003
Part 5 Specialised functions in relation to gambling
Division 2 Conduct of wagering
s. 55
(b) totalisator and fixed odds wagering on games known as
Favourite Numbers and Sweepstakes and any other
game.
(3) Despite subsection (2), RWWA must not conduct wagering on a
5 particular race, sporting event, event, contingency or game if, in
the opinion of the Commission --
(a) it would not be in the public interest to conduct
wagering on that race, sporting event, event,
contingency or game; or
10 (b) the race, sporting event, event, contingency or game
itself would not be in the public interest.
(4) The Commission may reach an opinion under subsection (3) in
respect of totalisator wagering or fixed odds wagering or both of
them.
15 (5) Wagering authorised under this section must be conducted in
accordance with the regulations and the rules of wagering.
55. Totalisator and fixed odds wagers authorised
(1) Despite any other law --
(a) totalisator wagers under section 54 may be lodged with,
20 and received by or on behalf of, RWWA for --
(i) inclusion in a totalisator pool conducted by
RWWA; or
(ii) at the board's discretion, transmission of all or
any of the wagers by RWWA to a combined
25 totalisator pool scheme operated by a person
approved under section 59;
and
(b) subject to section 17E of the Betting Control Act 1954,
dividends may be paid by RWWA in respect of those
30 wagers,
at offices and totalisator agencies established by RWWA under
section 51.
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Racing and Wagering Western Australia Bill 2003
Specialised functions in relation to gambling Part 5
Conduct of wagering Division 2
s. 56
(2) Despite any other law --
(a) fixed odds wagers under section 54 may be lodged with
and received by or on behalf of RWWA for --
(i) the conduct of fixed odds betting by RWWA; or
5 (ii) at the board's discretion, transmission of all or
any of the wagers by RWWA to a body
established by a written law that is authorised by
that written law to accept such wagers, or to a
person approved under section 59;
10 and
(b) subject to section 17EA of the Betting Control Act 1954,
winnings may be paid by RWWA in respect of those
fixed odds wagers,
at offices and totalisator agencies established by RWWA under
15 section 51.
56. Wagering on RWWA totalisator or with RWWA is not an
offence
(1) The mere fact of a person wagering on a totalisator through
RWWA or conducted by RWWA, wagering at fixed priced
20 odds through RWWA or wagering with RWWA under this
Act --
(a) does not make the wagering an offence, whether at
common law or by any Act, either by that person or by
RWWA or any of its officers or agents or any of its
25 employees; and
(b) is not a ground for any office or totalisator agency of
RWWA or any part of the office or agency being
deemed or declared, whether at common law or by any
Act, to be or to be used as a common betting house or
30 common gaming house, or to be a common nuisance or
contrary to law.
(2) A person must not be prosecuted or convicted, or be liable to
prosecution or conviction, or subject to penal consequence
page 41
Racing and Wagering Western Australia Bill 2003
Part 5 Specialised functions in relation to gambling
Division 3 Totalisator wagering
s. 57
under any written law by reason only of anything done by that
person under and in accordance with this Part.
57. RWWA not precluded from not accepting, or from
refunding, wagers
5 Nothing in this Part is to be construed as precluding --
(a) the board from determining that RWWA will not accept
wagers at all or any of its totalisator agencies on --
(i) any race or series of races;
(ii) any sporting event or series of events;
10 (iii) any other event or type of event;
(iv) any contingency of, or relating to, a race,
sporting event or other event or type of event; or
(v) games known as Favourite Numbers and
Sweepstakes and any other game,
15 on which wagers could be lawfully made by virtue of
this Part; or
(b) the refund of wagers in accordance with the rules of
wagering or the regulations.
Division 3 -- Totalisator wagering
20 58. Wagers transmitted from racing club to RWWA
(1) If RWWA is conducting totalisator wagering on a race, a racing
club may transmit any wager received by the club on that race
to RWWA for inclusion in a totalisator pool conducted by
RWWA.
25 (2) RWWA may --
(a) include a wager received from a racing club in a
totalisator pool operated by it; or
(b) further transmit a wager received from a racing club to a
totalisator pool operated under a combined totalisator
30 pool scheme.
page 42
Racing and Wagering Western Australia Bill 2003
Specialised functions in relation to gambling Part 5
Totalisator wagering Division 3
s. 59
(3) Every wager transmitted to RWWA by a racing club must be
received and dealt with by RWWA on behalf of the racing club
in accordance with the rules of wagering or the regulations.
59. Combined totalisator pool schemes
5 (1) In this section --
"approved" means approved by the Minister on the
recommendation of the Commission.
(2) Subject to subsection (3), RWWA may participate in a
combined totalisator pool scheme with any other approved
10 person in the State or elsewhere.
(3) RWWA may only participate in a combined totalisator pool
scheme with a person under an approved contractual
arrangement entered into with that person.
(4) RWWA may, when participating in a combined totalisator pool
15 scheme and despite any provision of the rules of wagering or the
regulations --
(a) adopt and operate under any rules pertaining to the
operation or administration of that scheme; or
(b) at the discretion of the board, make other arrangements
20 for the administration of that scheme.
(5) In subsection (4) a reference to rules or arrangements includes a
reference to rules or arrangements relating to commission
deductions and the payment of dividends.
(6) RWWA must ensure that a copy of any rules adopted or
25 arrangement made under subsection (4), and any subsequent
amendment to those rules or that arrangement, is --
(a) delivered to the Commission;
(b) made available at RWWA's head office for perusal on
demand; and
30 (c) included in a notice published in the Gazette for public
information.
page 43
Racing and Wagering Western Australia Bill 2003
Part 5 Specialised functions in relation to gambling
Division 3 Totalisator wagering
s. 60
(7) A racing club must pay to RWWA any charges imposed by the
operator of a combined totalisator pool scheme on RWWA in
respect of wagers from the racing club transmitted by RWWA
to a totalisator pool operated under a combined totalisator pool
5 scheme.
60. Payment of refunds and dividends by RWWA
(1) All moneys payable by way of dividends or refunds in respect
of any wager must be paid by RWWA --
(a) if the wager is placed by RWWA in a totalisator pool
10 conducted and operated by RWWA, in accordance with
the regulations or rules of wagering; and
(b) if the wager is placed by RWWA in a totalisator pool
operated under a combined totalisator pool scheme, in
accordance with the rules adopted under section 59 or
15 other arrangements made under that section.
(2) The moneys payable as a dividend from a particular pool must
be calculated using the assumption that --
(a) any wager included in the pool is validly made; and
(b) the result of any race, sporting event, other event,
20 contingency or game once declared, is beyond dispute
for the purposes of dividend calculation and payment.
(3) Any fractional part of 5c which, in accordance with the rules of
wagering or the regulations, is not paid by way of dividend
forms part of the funds of RWWA.
25 (4) The dividend or refund may be claimed at any racecourse where
RWWA conducts wagering or at any office or agency of
RWWA.
page 44
Racing and Wagering Western Australia Bill 2003
Specialised functions in relation to gambling Part 5
Fixed odds wagering Division 4
s. 61
Division 4 -- Fixed odds wagering
61. Fixed odds wagering arrangements with other persons
(1) In this section --
"approved" means approved by the Minister on the
5 recommendation of the Commission.
(2) RWWA may provide a jointly operated fixed odds wagering
system with any other approved person in the State or elsewhere
for the purpose of fixed odds wagering as set out in this section.
(3) RWWA may only provide a jointly operated fixed odds
10 wagering system under subsection (2) with a person under an
approved contractual arrangement entered into with that person.
(4) RWWA may, when providing a jointly operated fixed odds
wagering system under subsection (2) and despite any provision
of the rules of wagering or the regulations --
15 (a) adopt and operate under any rules pertaining to the
operation or administration of that joint system; or
(b) at the discretion of the board, make other arrangements
for the operation or administration of that joint system.
(5) In subsection (4) a reference to rules or arrangements includes a
20 reference to rules or arrangements relating to the setting of odds
and, subject to section 17EA of the Betting Control Act 1954,
the payment of dividends.
(6) RWWA must ensure that a copy of any rules adopted or
arrangement made under subsection (4), and any subsequent
25 amendment to those rules or that arrangement, is --
(a) delivered to the Commission;
(b) made available at RWWA's head office for perusal on
demand; and
(c) included in a notice published in the Gazette for public
30 information.
page 45
Racing and Wagering Western Australia Bill 2003
Part 5 Specialised functions in relation to gambling
Division 5 Miscellaneous
s. 62
(7) If RWWA is providing a jointly operated fixed odds wagering
system on a race, a racing club may transmit any fixed odds
wager received by the club on that race to RWWA for inclusion
in the jointly operated fixed odds wagering system.
5 (8) A racing club must pay to RWWA any charges imposed by the
operator of a jointly fixed odds wagering system in respect of
wagers from the racing club transmitted by RWWA to the
jointly operated fixed odds wagering system.
62. Payment of fixed odds winning by RWWA
10 All winnings payable in respect of any fixed odd wager referred
to in this Part must be paid by RWWA to persons entitled to the
winnings in accordance with the fixed odds offered at the time
the wager was accepted.
Division 5 -- Miscellaneous
15 63. Provisions relating to wagers through RWWA
(1) RWWA, or any of its officers, agents or employees or any
employee of an agent of RWWA must not accept a wager unless
the wager is made --
(a) at an office of RWWA or a totalisator agency; or
20 (b) by letter sent through the post or by telephone or
electronic communication received at an office of
RWWA or a totalisator agency,
in accordance with the provisions of this Act.
(2) RWWA, or any of its officers, agents or employees or any
25 employee of an agent of RWWA must not accept a wager that is
made at an office of RWWA or totalisator agency unless --
(a) the person making the wager has established with
RWWA in accordance with this Act, a wagering account
that has a balance sufficient to pay the amount of the
30 wager and the wager is charged against that account; or
page 46
Racing and Wagering Western Australia Bill 2003
Specialised functions in relation to gambling Part 5
Miscellaneous Division 5
s. 64
(b) the wager is made --
(i) by the deposit of the amount of the wager in
cash;
(ii) by the transfer of the amount of the wager using
5 a prescribed method of payment or funds transfer
that does not involve the provision of credit by
RWWA; or
(iii) by cheque in prescribed circumstances.
(3) RWWA, or any of its officers, agents or employees or any
10 employee of an agent of RWWA must not accept any wager that
is made by letter, telephone message or electronic
communication unless --
(a) the person making the wager has established with
RWWA in accordance with this Act, a wagering account
15 that has a balance sufficient to pay the amount of the
wager and the wager is charged against that account; or
(b) the amount of the wager is forwarded through the post
with the letter, or payment of the amount is arranged by
telephone or electronic communication in accordance
20 with this Act.
64. Wagering accounts
(1) A wagering account may be established with RWWA for any
amount and may be maintained by the payments of further
moneys or the credit of winnings to that account.
25 (2) RWWA may, as a condition of maintaining a wagering account
with RWWA --
(a) require the person who has established the wagering
account to pay management fees determined by RWWA
in respect of that account; and
30 (b) deduct from the wagering account the management fees
and any expenses not covered by the management fees
that are incurred in maintaining the account.
page 47
Racing and Wagering Western Australia Bill 2003
Part 5 Specialised functions in relation to gambling
Division 5 Miscellaneous
s. 65
65. Minimum amount of a wager
(1) The minimum amount of any wager that may be made under
this Act is the amount prescribed.
(2) Different amounts may be prescribed in respect of different
5 types of wagers.
page 48
Racing and Wagering Western Australia Bill 2003
Accountability Part 6
Strategic development plans Division 1
s. 66
Part 6 -- Accountability
Division 1 -- Strategic development plans
66. Draft strategic development plan to be submitted to
Minister
5 (1) The board must in each year prepare, and submit to the Minister
for the Minister's agreement, a draft strategic development plan
for RWWA and any subsidiary.
(2) Each draft strategic development plan is to be submitted not
later than 3 months before the start of the next financial year.
10 67. Period to which strategic development plan relates
A strategic development plan is to cover a forecast period of
5 years or a lesser period agreed with the Minister.
68. Matters to be included in strategic development plan
(1) A strategic development plan must set out economic and
15 financial objectives and operational targets and how those
objectives and targets will be achieved.
(2) The matters that are to be considered in the preparation of a
strategic development plan include --
(a) competitive strategies, pricing of products, productivity
20 levels, financial requirements, capital expenditure and
personnel requirements;
(b) the proportions in which funds will be distributed under
sections 105(5) and 106(2) to the following classes of
racing clubs:
25 (i) thoroughbred racing clubs, harness racing clubs
and greyhound racing clubs; and
(ii) racing clubs that are in the metropolitan area and
racing clubs that are not in the metropolitan area;
and
page 49
Racing and Wagering Western Australia Bill 2003
Part 6 Accountability
Division 1 Strategic development plans
s. 69
(c) such other matters that the Minister and the board agree
should be considered.
69. Strategic development plan to be agreed if possible
The board and the Minister must try to reach agreement on a
5 draft strategic development plan as soon as possible, and in any
event not later than one month before the start of the next
financial year.
70. Minister's powers in relation to draft strategic development
plan
10 (1) The Minister may return a draft strategic development plan to
the board and request it to --
(a) consider or further consider any matter and deal with the
matter in the draft plan; and
(b) revise the draft plan in the light of its consideration or
15 further consideration.
(2) The board must comply with the request as soon as is
practicable.
(3) If the board and the Minister have not reached agreement on a
draft strategic development plan by one month before the start
20 of the next financial year, the Minister may, by written notice,
direct the board --
(a) to take specified steps in relation to the draft plan; or
(b) to make specified modifications to the draft plan.
(4) The board must comply with a direction under subsection (3) as
25 soon as is practicable.
(5) The Minister must within 14 days after a direction is given
cause a copy of it to be laid before each House of Parliament or
dealt with in accordance with section 117.
page 50
Racing and Wagering Western Australia Bill 2003
Accountability Part 6
Strategic development plans Division 1
s. 71
71. Strategic development plan pending agreement
(1) If the board and the Minister have not agreed to a draft strategic
development plan before the start of a financial year, the latest
draft plan is to be the strategic development plan for RWWA
5 and any subsidiary until a draft strategic development plan is
agreed to under section 72.
(2) In subsection (1) --
"latest draft plan" means the draft strategic development plan
submitted, or last submitted, by the board to the Minister
10 before the start of the financial year with any modifications
made by the board, whether before or after that time, at the
direction of the Minister.
72. Minister's agreement to draft strategic development plan
When the board and the Minister reach agreement on a draft
15 strategic development plan, it becomes the strategic
development plan for the relevant financial year or the
remainder of the year, as the case may be.
73. Modifications of strategic development plan
(1) A strategic development plan may be modified by the board
20 with the agreement of the Minister.
(2) The Minister may, by written notice, direct the board to modify
a strategic development plan and the board must comply with
any such direction.
(3) Before giving a direction to the board under subsection (2) the
25 Minister must consult with the board and take its views into
account.
(4) The Minister must within 14 days after a direction is given
cause a copy of it to be laid before each House of Parliament or
dealt with in accordance with section 117.
page 51
Racing and Wagering Western Australia Bill 2003
Part 6 Accountability
Division 2 Statement of corporate intent
s. 74
74. Concurrence of Treasurer
The Minister is not to --
(a) agree to a strategic development plan under section 72;
or
5 (b) agree to or direct any modification of a strategic
development plan under section 73,
except with the Treasurer's concurrence.
Division 2 -- Statement of corporate intent
75. Statement of corporate intent to be submitted to Minister
10 (1) The board must in each year prepare and submit to the Minister
a statement of corporate intent for RWWA and any subsidiary.
(2) Each statement of corporate intent is to be submitted not later
than 14 days after agreement has been reached under section 72
on a strategic development plan that relates to the financial year
15 to be covered by the statement of corporate intent.
76. Period to which statement of corporate intent relates
A statement of corporate intent is to cover a financial year.
77. Matters to be included in statement of corporate intent
(1) A statement of corporate intent must be consistent with the
20 strategic development plan under Division 1 for RWWA and
any subsidiary.
(2) The statement of corporate intent for RWWA and any
subsidiary must set out --
(a) an outline of objectives;
25 (b) an outline of main undertakings during the relevant
financial year;
page 52
Racing and Wagering Western Australia Bill 2003
Accountability Part 6
Statement of corporate intent Division 2
s. 78
(c) the proportions in which funds will be distributed under
sections 105(5) and 106(2) to the following classes of
racing clubs:
(i) thoroughbred racing clubs, harness racing clubs
5 and greyhound racing clubs; and
(ii) racing clubs that are in the metropolitan area and
racing clubs that are not in the metropolitan area;
(d) an outline of the nature and scope of the functions
proposed to be performed during the relevant financial
10 year;
(e) the performance targets and other measures by which
performances may be judged in relation to objectives for
the relevant financial year;
(f) the accounting policies that apply to the preparation of
15 accounts;
(g) the type of information to be given to the Minister,
including information to be given in the half-yearly and
annual reports; and
(h) such other matters as the board thinks fit.
20 (3) The Minister may exempt RWWA from including any matter,
or any aspect of a matter, mentioned in subsection (2) in the
statement of corporate intent.
78. Minister may request revision of statement of corporate
intent
25 (1) The Minister may request the board to --
(a) consider or further consider any matter in the statement
of corporate intent; and
(b) revise the statement of corporate intent in the light of its
consideration or further consideration.
30 (2) The board must comply with subsection (1)(a) as soon as is
practicable.
page 53
Racing and Wagering Western Australia Bill 2003
Part 6 Accountability
Division 3 Directions, consultation and
provision of information
s. 79
79. Statement of corporate intent laid before Parliament
(1) The Minister must within 14 days after receiving a statement of
corporate intent under section 75 cause a copy of it to be laid
before each House of Parliament or dealt with in accordance
5 with section 117.
(2) The board may request the Minister to delete from the copy of a
statement of corporate intent that is to be laid before Parliament
a matter that is of a commercially sensitive nature, and the
Minister may, despite subsection (1), comply with the request.
10 (3) Any copy of a statement of corporate intent to which
subsection (2) applies must contain a statement detailing the
reasons for the deletion at the place in the document where the
information deleted would otherwise appear and be
accompanied by an opinion from the Auditor General stating
15 whether or not the information deleted is commercially
sensitive.
80. Modifications of statement of corporate intent
A statement of corporate intent may be modified by the board.
Division 3 -- Directions, consultation and
20 provision of information
81. Directions to RWWA
Except as provided by this Act or any other written law,
RWWA is not required to comply with any direction or
administrative request given or made by or on behalf of the
25 Government.
82. Consultation
(1) The board of RWWA, and the Minister, at the request of either,
are to consult together, either personally or through appropriate
representatives, in relation to any aspect of the operations of
30 RWWA or a subsidiary.
page 54
Racing and Wagering Western Australia Bill 2003
Accountability Part 6
Directions, consultation and Division 3
provision of information
s. 83
(2) The board of RWWA is to establish procedures for consulting
with prescribed racing bodies, and other prescribed bodies that
have an interest in the racing industry, in relation to prescribed
operations of RWWA or a subsidiary.
5 83. Minister to have access to information
(1) The Minister is entitled --
(a) to have information in the possession of RWWA and
any subsidiary; and
(b) where the information is in or on a document, to have,
10 and make and retain copies of, that document.
(2) For the purposes of subsection (1) the Minister may --
(a) request the CEO or the board to furnish information to
the Minister;
(b) request the CEO or the board to give the Minister access
15 to information;
(c) for the purposes of paragraph (b) make use of the staff
of RWWA and any subsidiary to obtain the information
and furnish it to the Minister.
(3) The CEO or the board is to --
20 (a) comply with a request made under subsection (2); and
(b) make staff and facilities available to the Minister for the
purposes of subsection (2)(c).
(4) Where the CEO or the board furnishes or gives access to
information to the Minister, the Minister is to be advised
25 whether or not in the opinion of the CEO or the board the public
disclosure of the information would adversely affect the
commercial interests of RWWA or any subsidiary or of any
other person.
page 55
Racing and Wagering Western Australia Bill 2003
Part 6 Accountability
Division 3 Directions, consultation and
provision of information
s. 84
(5) In this section --
"document" includes any tape, disk or other device or medium
on which information is recorded or stored mechanically,
photographically, electronically or otherwise;
5 "information" means information specified, or of a description
specified, by the Minister that relates to the functions of
RWWA.
84. Minister to be kept informed
RWWA must --
10 (a) keep the Minister reasonably informed of the operations,
financial performance and financial position of RWWA
and its subsidiaries, including the assets and liabilities,
profits and losses and prospects of RWWA and its
subsidiaries;
15 (b) give the Minister reports and information that the
Minister requires for the making of informed
assessments of matters mentioned in paragraph (a); and
(c) if matters arise that in the opinion of the board of
RWWA may prevent, or significantly affect,
20 achievement of RWWA's --
(i) objectives outlined in its statement of corporate
intent; or
(ii) targets under its strategic development plan,
promptly inform the Minister of the matters and its
25 opinion in relation to them.
85. Notice of financial difficulty
(1) The board of RWWA must notify the Minister if the board
forms the opinion that RWWA or a subsidiary is unable to, or
will be unlikely to be able to, satisfy any financial obligation, of
30 RWWA or the subsidiary from the financial resources available
to or likely to be available to RWWA or the subsidiary at the
time the financial obligation is due.
page 56
Racing and Wagering Western Australia Bill 2003
Accountability Part 6
Directions, consultation and Division 3
provision of information
s. 86
(2) The notice must --
(a) be in writing;
(b) provide the reasons for the board's opinion; and
(c) provide such other information as the board considers
5 relevant.
86. RWWA records
(1) All records relating to the accounts and management of RWWA
must, subject to subsection (3), be kept by RWWA in a place
approved by the Commission.
10 (2) The Commission, on giving written notice, must be given the
access and facilities necessary, and may exercise in respect of
those records, the powers conferred by sections 26 and 27 of the
Gaming Commission Act 1987 in relation to its functions under
this Act or any other Act.
15 (3) The Commission may by written notice --
(a) exempt RWWA from compliance with subsection (1) to
such extent, or in respect of such records, as may be
specified in that notice; or
(b) consent, generally or in a particular case, to records
20 otherwise required to be kept in a place approved by the
Commission being removed temporarily.
(4) Subject to any other law relating to the retention or destruction
of those records, all records to which subsection (1) applies
must be retained in the possession or subject to the control of
25 RWWA for a period of 7 years after the completion of the
transactions to which they related unless the Commission, by
written notice, otherwise approves --
(a) the retention of the records in an alternative form or
manner; or
30 (b) the destruction of any records, the retention of which the
Commission does not consider to be essential.
page 57
Racing and Wagering Western Australia Bill 2003
Part 6 Accountability
Division 4 Protection from liability
s. 87
Division 4 -- Protection from liability
87. Protection for disclosure
RWWA, a subsidiary of RWWA or a person performing
functions under this Act is not liable in respect of any claim
5 arising as a consequence of the disclosure of information or
documents in accordance with this Act.
page 58
Racing and Wagering Western Australia Bill 2003
Financial provisions Part 7
General Division 1
s. 88
Part 7 -- Financial provisions
Division 1 -- General
88. Bank account
(1) In this section --
5 "account" means an account held --
(a) as part of the Trust Fund constituted under section 9 of
the Financial Administration and Audit Act 1985; or
(b) with the Treasurer's approval, at a bank as defined in
section 3(1) of the Financial Administration and Audit
10 Act 1985.
(2) RWWA is to maintain one or more accounts.
(3) Money received by RWWA is to be credited to, and expenditure
of RWWA is to be paid from, an account maintained by it.
89. Investment
15 Funds of RWWA that are not in an account at the Treasury and
are not being used for the performance of RWWA's functions
may be invested in such investments as the board determines.
90. Reserve accounts
For the purpose of establishing reserves, RWWA may, subject
20 to the Financial Administration and Audit Act 1985, open and
operate separate accounts under such headings as it thinks fit.
91. Payment of outgoings and expenses
(1) The outgoings and expenses of any of RWWA's operations may
be paid from revenue arising from any of its operations.
25 (2) Any revenue from RWWA's operations may be used for any of
the functions of RWWA.
page 59
Racing and Wagering Western Australia Bill 2003
Part 7 Financial provisions
Division 2 Loans and grants
s. 92
Division 2 -- Loans and grants
92. RWWA may lend or grant money to racing clubs and
allied bodies
(1) RWWA may lend or grant moneys to any racing club or allied
5 body --
(a) to enable or assist the racing club or allied body to --
(i) provide new facilities or improve existing
facilities on a racecourse or training track;
(ii) establish a new racecourse or training track;
10 (iii) discharge or reduce an existing loan previously
obtained by the racing club or allied body;
(iv) conduct its affairs during a period of financial
difficulty;
(v) carry out works to improve safety at a racecourse
15 or training track; or
(vi) comply with a direction given by RWWA under
section 43;
or
(b) for any other purpose approved by the board.
20 (2) A loan or grant under this section may be made in one sum or in
progress payments from time to time at the discretion of
RWWA.
(3) A loan or grant may be made for part or all of an amount
requested by a racing club or allied body.
25 93. Terms and conditions of loan
(1) A loan or grant made to a racing club or allied body under
section 92 may be made subject to such terms and conditions as
the board thinks fit.
page 60
Racing and Wagering Western Australia Bill 2003
Financial provisions Part 7
Loans and grants Division 2
s. 94
(2) Without limiting subsection (1), terms and conditions may be
imposed on the loan or grant requiring it to be repaid if --
(a) property of the racing club or allied body specified by
the board is disposed of; or
5 (b) the racing club or allied body, in the opinion of the
board, ceases to carry on the activity or function for
which the loan or grant was made.
(3) The terms and conditions of a loan, including interest to be paid
may be less onerous than those that might reasonably apply to
10 such a loan made commercially.
94. Failure to comply with terms and conditions
(1) If a racing club or an allied body --
(a) fails to comply with the terms and conditions subject to
which a loan or grant has been made under section 92;
15 or
(b) fails to comply with a direction with respect to which a
loan or grant has been made under section 92(1)(a)(vi),
RWWA may, by written notice given to the racing club or allied
body --
20 (c) vary the terms and conditions to which the loan or grant
is subject; or
(d) demand that all or part of the amount granted or all or
part of the outstanding balance of the amount of the loan
(including interest and other charges) be repaid
25 immediately.
(2) Any sum demanded under subsection (1)(d) is recoverable in a
court of competent jurisdiction as a debt due to RWWA.
page 61
Racing and Wagering Western Australia Bill 2003
Part 7 Financial provisions
Division 3 Borrowing
s. 95
95. Application and security for loan or grant
(1) RWWA may require a racing club or an allied body making
application for a loan or grant --
(a) to complete such form or forms of application as
5 RWWA specifies;
(b) to support the application with such certificates, plans,
statements or quotations as RWWA specifies; and
(c) to make a statutory declaration as to the accuracy of any
details shown in the application or documents
10 supporting the application.
(2) Before making a loan to a racing club or an allied body, RWWA
may require the racing club to execute such form of security to
secure the due repayment of the loan and interest accruing on
the loan as the board considers appropriate in all the
15 circumstances.
96. Club or allied body may make representations to board
Before RWWA --
(a) makes, or refuses to make, a loan or grant to a racing
club or an allied body under section 92; or
20 (b) gives a notice to a racing club or an allied body under
section 94(1),
RWWA must give the racing club or allied body a reasonable
opportunity to make representations in writing to RWWA with
respect to the matter.
25 Division 3 -- Borrowing
97. Borrowing
(1) RWWA may, subject to section 98 --
(a) borrow or re-borrow moneys;
(b) obtain credit; or
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Racing and Wagering Western Australia Bill 2003
Financial provisions Part 7
Borrowing Division 3
s. 98
(c) otherwise arrange for financial accommodation to be
extended to RWWA.
(2) RWWA is to keep such registers for the purposes of this section
as may be prescribed.
5 98. Borrowing restrictions
(1) The Minister, with the Treasurer's concurrence and in
accordance with subsections (3), (4) and (5), may, by notice to
RWWA, impose monetary limits on the exercise of the power
conferred by section 97(1)(a).
10 (2) RWWA must comply with any limit for the time being in force
in relation to it and, if no limit is for the time being in force,
must not exercise the power conferred by section 97(1)(a)
except with, and in accordance with, the Treasurer's approval.
(3) The monetary limit is to be determined for the exercise of that
15 power in a financial year specified by the Minister and may
relate to --
(a) the total amount that can be outstanding at any one time
during that year as a result of the exercise of that power;
or
20 (b) the total liabilities that can be incurred during that year
as a result of the exercise of that power.
(4) A limit for the time being in force may be varied for a
subsequent financial year.
(5) A limit for the time being in force continues to apply until it is
25 so varied.
(6) A liability of RWWA is not unenforceable or in any way
affected by a failure of RWWA to comply with this section.
(7) No person dealing with RWWA is bound or concerned to
enquire whether RWWA has complied or is complying with this
30 section.
page 63
Racing and Wagering Western Australia Bill 2003
Part 7 Financial provisions
Division 4 Guarantees
s. 99
99. Hedging transactions
RWWA may, for the purpose of managing, limiting or reducing
perceived risks or anticipated costs in connection with the
exercise of any power conferred by section 97 --
5 (a) enter into an agreement or arrangement to effect any of
the following transactions --
(i) a foreign exchange transaction;
(ii) a forward foreign exchange transaction;
(iii) a currency swap;
10 (iv) a forward currency swap;
(v) a foreign currency cap, a foreign currency collar
or a foreign currency floor;
(vi) a transaction of such other class as is approved in
writing by the Minister, with the Treasurer's
15 concurrence, as a class of transaction to which
this paragraph applies;
or
(b) enter into an agreement or arrangement to effect any
transaction which is a combination of --
20 (i) 2 or more transactions permitted under
paragraph (a); or
(ii) one or more transactions permitted under
paragraph (a) and one or more transactions
permitted under section 97.
25 Division 4 -- Guarantees
100. Guarantees
(1) The Treasurer, with the Minister's concurrence may, in the
name and on behalf of the State, guarantee the performance by
RWWA, in the State or elsewhere, of any financial obligation of
30 RWWA arising under section 97.
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Racing and Wagering Western Australia Bill 2003
Financial provisions Part 7
Financial provisions in relation to wagering Division 5
s. 101
(2) A guarantee is to be in such form and subject to such terms and
conditions as the Treasurer determines.
(3) The due payment of moneys payable by the Treasurer under a
guarantee --
5 (a) is by this subsection guaranteed by the State; and
(b) is to be made by the Treasurer and charged to the
Consolidated Fund, and this subsection appropriates that
Fund accordingly.
(4) The Treasurer is to cause any amounts received or recovered
10 from RWWA or otherwise in respect of any payment made by
the Treasurer under a guarantee to be credited to the
Consolidated Fund.
101. Charges for guarantee
(1) The Treasurer may, after consultation with the board, fix
15 charges to be paid by RWWA to the Treasurer for the benefit of
the Consolidated Fund in respect of a guarantee given under
section 100.
(2) Payments by RWWA to the Treasurer in respect of any such
charges are required to be made at such times, and in such
20 instalments, as the Treasurer determines.
Division 5 -- Financial provisions in relation to wagering
102. RWWA wagering tax
RWWA must, in accordance with this Act --
(a) make at such times and in such manner as may be
25 prescribed true and full returns of all amounts of money
received by it in respect of wagers made; and
(b) pay tax on the whole of those moneys at the rate
imposed by sections 3 and 4 of the Racing and
Wagering Western Australia Tax Act 2003.
page 65
Racing and Wagering Western Australia Bill 2003
Part 7 Financial provisions
Division 5 Financial provisions in relation to wagering
s. 103
103. Supplementary pool schemes
RWWA may supplement the amount in any totalisator pool
using moneys set aside for that purpose.
104. Unclaimed dividends, fixed odds winnings and refunds
5 (1) If moneys payable by way of dividends, fixed odds winnings or
refunds by RWWA in respect of wagers made on sporting
events are unclaimed by any person entitled to the moneys for
7 months after the moneys become payable, the moneys must be
paid by RWWA into the Sports Wagering Account under
10 section 110A of the Gaming Commission Act 1987.
(2) Upon payment of moneys under subsection (1) into the Sports
Wagering Account --
(a) the moneys become part of the funds of that Account;
and
15 (b) the person who was entitled to claim the moneys has no
enforceable claim in respect of 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.
20 (4) If any other moneys payable by way of dividends, fixed odds
winnings or refunds by RWWA in respect of wagers are
unclaimed for 7 months by any person entitled to the moneys,
on the expiration of that 7 months --
(a) the moneys become part of the funds of RWWA; and
25 (b) the person who was entitled to claim the moneys has no
enforceable claim in respect of the moneys.
(5) Subsections (1) and (4) do not apply to moneys which are
credited by RWWA to a wagering account established with it
under section 64.
page 66
Racing and Wagering Western Australia Bill 2003
Financial provisions Part 7
Financial provisions in relation to wagering Division 5
s. 105
105. Allocation of RWWA's funds before 1 August 2006
(1) For each racing year commencing on or after 1 August 2003
until 31 July 2006, RWWA, after paying --
(a) to any racing club any amounts payable in respect of
5 wagers received by the racing club and transmitted to
RWWA for inclusion in a totalisator pool conducted by
RWWA or a combined totalisator pool scheme;
(b) all monies payable by way of dividends, winnings and
refunds in respect of wagers made through or with
10 RWWA;
(c) any amount required to be paid under section 53 to the
Commission;
(d) the respective amounts, required for the time being, to a
reserve account opened under section 90;
15 (e) any grants or loans payable under section 92;
(f) the amount of wagering tax imposed under section 102;
(g) any amount required to be paid under section 104 or 107
to the Sports Wagering Account;
(h) any amount required to be paid under section 24 of the
20 Racing Penalties (Appeals) Act 1990; and
(i) all other outgoings and expenses incurred by RWWA
under this Act,
must pay or credit the balance of its funds in accordance with
this section.
25 (2) The balance of the funds, or $50 million, whichever is the lesser
amount, is to be paid or credited by RWWA as follows --
(a) 55.26% to thoroughbred racing clubs registered with
RWWA;
(b) 29.76% to harness racing clubs registered with RWWA;
30 (c) 14.98% to WAGRA.
page 67
Racing and Wagering Western Australia Bill 2003
Part 7 Financial provisions
Division 5 Financial provisions in relation to wagering
s. 105
(3) Of the funds referred to in subsection (2)(a) --
(a) at least 28.09% is to be paid or credited by RWWA to
thoroughbred racing clubs conducting races outside the
metropolitan area in such amounts, or in accordance
5 with such criteria, as are determined by the Western
Australian Provincial Thoroughbred Racing Association
and the Country Racing Association; and
(b) the remainder is to be paid to WATC.
(4) Of the funds referred to in subsection (2)(b) --
10 (a) at least 20% is to be paid or credited to harness racing
clubs conducting races outside the metropolitan area so
that each of those clubs receives such part of that
percentage as bears to the whole of that percentage the
ratio which the amount of stakes paid by the club during
15 the preceding racing year bears to the total amount of
stakes paid by all of those clubs during that year;
(b) 17.5% of the funds remaining after payment under
paragraph (a) is to be paid to the Fremantle Trotting
Club; and
20 (c) the remainder is to be paid to WATA.
(5) Any funds of RWWA remaining after the payment or credit
required by subsection (2) must be paid or credited by RWWA
to thoroughbred racing clubs registered with RWWA, harness
racing clubs registered with RWWA and WAGRA in such
25 amounts, or in accordance with such criteria, as are determined
by RWWA.
(6) The funds may be paid or credited under subsections (2) and (5)
by periodical or other payment or credit in the manner and at the
times RWWA determines.
page 68
Racing and Wagering Western Australia Bill 2003
Financial provisions Part 7
Financial provisions in relation to wagering Division 5
s. 106
106. Allocation of RWWA's funds after 31 July 2006
(1) For each racing year commencing on or after 1 August 2006,
RWWA, after paying --
(a) to any racing club any amounts payable in respect of
5 wagers received by the racing club and transmitted to
RWWA for inclusion in a totalisator pool conducted by
RWWA or a combined totalisator pool scheme;
(b) all moneys payable by way of dividends, winnings and
refunds in respect of wagers made through or with
10 RWWA;
(c) any amount required to be paid under section 53 to the
Commission;
(d) the respective amounts, required for the time being, to a
reserve account opened under section 90;
15 (e) any grants or loans payable to racing clubs under
section 92;
(f) the amount of wagering tax imposed under section 102;
(g) any amount required to be paid under section 104 or 107
to the Sports Wagering Account;
20 (h) any amount required to be paid under section 24 of the
Racing Penalties (Appeals) Act 1990; and
(i) all other outgoings and expenses incurred by RWWA
under this Act,
must pay or credit the balance of its funds in accordance with
25 this section.
(2) The balance of the funds is to be paid or credited by RWWA, in
such amounts as it determines, to --
(a) thoroughbred racing clubs registered with RWWA;
(b) harness racing clubs registered with RWWA; and
30 (c) greyhound racing clubs registered with RWWA.
page 69
Racing and Wagering Western Australia Bill 2003
Part 7 Financial provisions
Division 6 General
s. 107
(3) RWWA is to use its best endeavours to ensure that the amount
paid or credited to any racing club under subsection (2) in any
racing year is not less than the revenue, after taxes and expenses
are deducted, generated from wagering conducted by RWWA
5 on races conducted by that racing club during that year.
(4) The funds may be paid or credited by periodical or other
payment in such manner and at such times as RWWA
determines.
107. Allocation of RWWA's funds in respect of sporting events
10 (1) RWWA must pay from the moneys received by RWWA in
respect of totalisator and fixed odds wagering on sporting
events --
(a) all moneys payable by way of dividends, winnings and
refunds in respect of wagers on sporting events made
15 through or with RWWA; and
(b) the amount of wagering tax imposed under section 102
in respect of wagers made on sporting events,
and pay 25%, or such other percentage as may be prescribed, of
the balance to the Sports Wagering Account under section 110A
20 of the Gaming Commission Act 1987.
(2) Any funds remaining after the payments referred to in
subsection (1) must be dealt with under section 105 or 106, as
the case requires.
Division 6 -- General
25 108. Application of Financial Administration and Audit Act 1985
(1) The provisions of the Financial Administration and Audit
Act 1985 regulating the financial administration, audit and
reporting of statutory authorities apply to and in respect of
RWWA and its operations.
30 (2) Despite the provisions of the Financial Administration and
Audit Act 1985, the financial year of RWWA ends on 31 July.
page 70
Racing and Wagering Western Australia Bill 2003
Miscellaneous Part 8
Protection of people dealing with RWWA Division 1
s. 109
Part 8 -- Miscellaneous
Division 1 -- Protection of people dealing with RWWA
109. People dealing with RWWA may make assumptions
(1) A person having dealings with RWWA is entitled to make the
5 assumptions mentioned in section 111.
(2) In any proceedings in relation to the dealings, any assertion by
RWWA that the matters that the person is entitled to assume
were not correct must be disregarded.
110. Third parties may make assumptions
10 (1) A person ("the third party") having dealings with a person
("the new owner") who has acquired, or purports to have
acquired, title to property from RWWA (whether directly or
indirectly) is entitled to make the assumptions mentioned in
section 111.
15 (2) In any proceedings in relation to the dealings, any assertion by
RWWA or the new owner that the matters that the third party is
entitled to assume were not correct must be disregarded.
111. Things that can be assumed
The assumptions that a person is entitled to make, because of
20 section 109 or 110, are --
(a) that, at all relevant times, this Act has been complied
with;
(b) that a person who is held out by RWWA to be a
director, the CEO, an executive officer, a member of
25 staff or an agent of a particular kind --
(i) has been properly appointed; and
(ii) has authority to perform the functions
customarily performed by a director, the CEO,
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Racing and Wagering Western Australia Bill 2003
Part 8 Miscellaneous
Division 1 Protection of people dealing with RWWA
s. 112
an executive officer, a member of staff or an
agent of that kind, as the case may require;
(c) that a member of staff or agent of RWWA who has
authority to issue a document on behalf of RWWA has
5 authority to warrant that the document is genuine;
(d) that a member of staff or agent of RWWA who has
authority to issue a certified copy of a document on
behalf of RWWA has authority to warrant that the copy
is a true copy;
10 (e) that a document has been properly sealed by RWWA
if --
(i) it bears what appears to be an imprint of
RWWA's seal; and
(ii) the sealing of the document appears to comply
15 with section 118;
and
(f) that the directors, CEO, members of staff and agents of
RWWA have properly performed their duties to
RWWA.
20 112. When those things cannot be assumed
(1) Despite sections 109 and 110, a person is not entitled to assume
a matter mentioned in section 111 if --
(a) the person has actual knowledge that the assumption
would be incorrect; or
25 (b) because of the person's connection or relationship with
RWWA, the person ought to know that the assumption
would be incorrect.
(2) If, because of subsection (1), a person is not entitled to make a
particular assumption in relation to dealings with RWWA,
30 section 109(2) does not apply to any assertion by RWWA in
relation to the assumption.
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Racing and Wagering Western Australia Bill 2003
Miscellaneous Part 8
Other provisions Division 2
s. 113
(3) If, because of subsection (1), a person is not entitled to make a
particular assumption in relation to an acquisition or purported
acquisition from RWWA of title to property, section 110(2)
does not apply to any assertion by RWWA or another person in
5 relation to the assumption.
Division 2 -- Other provisions
113. Entry and inspection of premises
(1) In this section --
"authorised person" means --
10 (a) a police officer;
(b) a director;
(c) a member of staff authorised in writing by the board;
(d) a steward.
(2) An inspection may be carried out under this section for any or
15 all of the following purposes --
(a) to gather any information relevant to making a decision
under this Act;
(b) to audit records required to be kept under this Act;
(c) to gather evidence of a suspected contravention of this
20 Act;
(d) any other purpose relevant to the administration of this
Act.
(3) An authorised person may at any time enter without charge and
inspect --
25 (a) premises at which racing horses or greyhounds are kept,
trained or raced;
(b) a racecourse;
(c) a venue at which a sporting event on which wagering
takes place is being held; or
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Racing and Wagering Western Australia Bill 2003
Part 8 Miscellaneous
Division 2 Other provisions
s. 113
(d) a totalisator, totalisator agency and other premises of
RWWA.
(4) When an authorised person exercises his or her powers of entry
and inspection under subsection (3), the authorised person may
5 do any or all of the following --
(a) search the premises and examine anything on the
premises;
(b) take extracts from or make copies of, or download or
print out, any documents found in the course of the
10 inspection;
(c) photograph or film anything on the premises;
(d) if anything on the premises that is relevant to the
inspection cannot be conveniently removed -- secure it
against interference;
15 (e) require any person who is on the premises --
(i) to state his or her full name and address;
(ii) to answer (orally or in writing) questions put by
the authorised person that are relevant to the
investigation;
20 (iii) to give the authorised person any information in
the person's possession or control that is relevant
to the inspection;
(iv) to operate or allow the authorised person to
operate equipment or facilities on the premises
25 for inspection purposes;
(v) to give the authorised person any translation,
code, password or other information necessary to
gain access to or to interpret and understand any
document or information located or obtained by
30 the authorised person in the course of the
inspection; and
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Racing and Wagering Western Australia Bill 2003
Miscellaneous Part 8
Other provisions Division 2
s. 114
(vi) to give other assistance that the authorised
person reasonably requires to carry out the
inspection.
(5) A person who --
5 (a) does not comply with a requirement under
subsection (4)(e);
(b) gives an authorised person information that the person
knows to be false or misleading in a material particular;
or
10 (c) hinders, delays or obstructs an authorised person in
carrying out functions under this section,
commits an offence.
Penalty: $5 000.
(6) Nothing in this section derogates from the powers of an
15 authorised person who is a police officer.
114. Commissioner of State Revenue may enter and inspect
RWWA premises
(1) The Commissioner of State Revenue and persons authorised by
the Commissioner of State Revenue have at all times access,
20 without charge, to and authority to inspect totalisators,
totalisator agencies and other premises of RWWA.
(2) The Commissioner of State Revenue, for the purposes of this
Act, has such further powers and may perform such further
duties as may be prescribed.
25 115. Miscellaneous offences
A person who --
(a) obstructs, impedes or interferes with the doing of, a
thing required or authorised to be done under this Act;
or
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Racing and Wagering Western Australia Bill 2003
Part 8 Miscellaneous
Division 2 Other provisions
s. 116
(b) uses any threatening language to a person acting in the
performance of a function under this Act,
commits an offence.
Penalty: $5 000.
5 116. Immunity from certain claims
(1) No claim lies against RWWA, a director, or an officer,
employee or agent of RWWA in relation to a wager that has
been accepted by or on behalf of RWWA otherwise than in
accordance with a written law.
10 (2) Subsection (1) does not apply to a claim made by RWWA
against an agent of RWWA.
117. Laying documents before House of Parliament that is not
sitting
(1) If section 70(5), 73(4), 79(1) or Schedule 1 clause 8(7) requires
15 the Minister to cause the text of a document to be laid before
each House of Parliament, or dealt with under this section,
within a period and --
(a) at the commencement of the period, a House of
Parliament is not sitting; and
20 (b) the Minister is of the opinion that the House will not sit
during that period,
the Minister is to transmit a copy of the text of the document to
the Clerk of that House.
(2) A copy of the text of a document transmitted to the Clerk of a
25 House is to be regarded --
(a) as having been laid before that House; and
(b) as being a document published by order or under the
authority of that House.
(3) The laying of a copy of the text of a document that is regarded
30 as having occurred under subsection (2)(a) is to be recorded in
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Racing and Wagering Western Australia Bill 2003
Miscellaneous Part 8
Other provisions Division 2
s. 118
the Minutes, or Votes and Proceedings, of the House on the first
sitting day of the House after the Clerk received the copy.
118. Execution of documents by RWWA
(1) RWWA is to have a common seal.
5 (2) A document is duly executed by RWWA if --
(a) the common seal of RWWA is affixed to it in the
presence of 2 directors or of a director and the CEO; or
(b) it is signed on behalf of RWWA by a person or persons
referred to in subsection (4).
10 (3) The common seal is not to be affixed to a document except in
accordance with this section.
(4) RWWA may, by writing under its common seal, authorise a
director, the CEO, a member of staff or other agent of RWWA
to execute documents on its behalf.
15 (5) An authorisation under subsection (4) --
(a) may be given --
(i) either generally or in respect of a specified
matter or specified matters; and
(ii) so as to authorise 2 or more persons to execute
20 documents jointly;
and
(b) may be presumed by a person dealing with RWWA to
continue --
(i) during any period for which it is conferred; or
25 (ii) if subparagraph (i) does not apply, until notice of
termination of the authorisation is given to the
person so dealing.
(6) A document executed by a person under an authorisation under
subsection (4) is not to be regarded as a deed unless the person
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Racing and Wagering Western Australia Bill 2003
Part 8 Miscellaneous
Division 2 Other provisions
s. 119
executes it as a deed and is permitted to do so by the
authorisation.
(7) A document purporting to be executed in accordance with this
section is to be taken to be duly executed until the contrary is
5 shown.
119. Contract formalities
(1) In so far as the formalities of making, varying or discharging a
contract are concerned, a person acting under the authority of
RWWA may make, vary or discharge a contract in the name of
10 or on behalf of RWWA in the same manner as if that contract
were made, varied or discharged by a natural person.
(2) The making, variation or discharge of a contract in accordance
with subsection (1) is effectual in law and binds RWWA and
other parties.
15 (3) Subsection (1) does not prevent RWWA from making, varying
or discharging a contract under its common seal.
120. Rules of wagering
(1) RWWA, with the approval of the Commission, may make
rules --
20 (a) in relation to on-course wagering through totalisators on
racecourses and persons licensed under the Betting
Control Act 1954;
(b) prescribing the powers and duties of stewards in relation
to totalisators on racecourses and persons licensed under
25 the Betting Control Act 1954;
(c) in relation to off-course wagering;
(d) in relation to fixed odds wagering;
(e) providing for the custody of its property;
(f) prescribing the duties of its officers, agents and
30 employees in relation to wagering; and
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s. 121
(g) required or permitted by this Act to be made or for such
purposes as are necessary or convenient for the
operation of this Act, or for carrying out the functions of
RWWA, in relation to wagering.
5 (2) Any rules made under this section, in relation to a totalisator on
a racecourse, so far as they are applicable, apply in relation to
wagers made through RWWA on that totalisator as if the
wagers were made directly into the totalisator.
(3) To the extent that there is an inconsistency between a rule made
10 under this section and a regulation made under this Act or the
Betting Control Act 1954, the regulation prevails.
(4) The rules are subsidiary legislation as defined in the
Interpretation Act 1984.
121. Regulations
15 (1) The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
necessary or convenient to be prescribed, for giving effect to the
purposes of this Act.
(2) Without limiting subsection (1), regulations may be made under
20 this section in respect of --
(a) the licensing of RWWA key employees as defined in
section 24, and the conditions and fees applicable to the
licensing;
(b) the disciplinary actions that the Commission may take in
25 relation to a person licensed as a RWWA key employee,
which may include --
(i) the service of a letter of censure on the
employee;
(ii) the imposition of a fine not exceeding $1 000; or
30 (iii) the cancellation or suspension of the licence held
by the employee,
or any combination of those actions; and
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Division 2 Other provisions
s. 122
(c) the application for, and the issue, refusal, suspension or
cancellation of, licences for racecourses, race meetings,
races and training and trial tracks under section 39;
(d) the application for, and the issue, refusal, suspension or
5 cancellation of, the registration of a racing club under
section 40;
(e) the application for, and the issue, refusal, suspension or
cancellation of, the registration of a horse or greyhound
under section 41;
10 (f) the application for, and the issue, refusal, suspension or
cancellation of a licence under section 42;
(g) the establishment of totalisator agencies and the role of
the Commission under section 52;
(h) requirements for racing clubs which have received a
15 loan or grant under section 92 to permit RWWA, or any
director or other person authorised for the purpose by
RWWA, to inspect --
(i) any facilities or works in respect of which such a
loan or grant was made; and
20 (ii) any books of account of such a racing club.
(3) Any regulations made under this section or the Betting Control
Act 1954, in relation to a totalisator on a racecourse, so far as
they are applicable, apply in relation to wagers made through
RWWA on that totalisator as if the wagers were made directly
25 into the totalisator.
(4) Regulations made under this section may modify a regulation
referred to in subsection (3) or a rule referred to in section 120
to such extent as is necessary to make it applicable in relation to
wagers made through RWWA and transmitted to a totalisator.
30 122. Review of Act
(1) A review of the operation and effectiveness of this Act is to be
carried out by a Joint Standing Committee of both Houses of
Parliament appointed for the purposes of this section as soon as
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is practicable after the expiration of 5 years from its
commencement and in the course of that review the Joint
Standing Committee is to consider and have regard to --
(a) the effectiveness of the operations of RWWA;
5 (b) the need for the continuation of the operations of
RWWA; and
(c) any other matters that appear to the Joint Standing
Committee to be relevant to the operation and
effectiveness of this Act.
10 (2) The Joint Standing Committee is to prepare a report based on
the review and, as soon as is practicable after the report is
prepared (and in any event not more than 12 months after the
expiration of the 5 year period referred to in subsection (1)),
cause it to be laid before each House of Parliament.
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Racing and Wagering Western Australia Bill 2003
Schedule 1 Provisions about the constitution and proceedings of RWWA's
board of directors
Schedule 1 -- Provisions about the constitution and
proceedings of RWWA's board of directors
[s. 15]
1. Term of office
5 (1) Subject to clause 2, a director holds office for such period, not
exceeding 3 years, as is specified in the instrument appointing,
nominating or selecting the director, and is eligible for reappointment,
renomination or reselection.
(2) A director's duties are not required to be performed on a full-time
10 basis.
(3) Despite subclause (1), if the period of office of a director expires by
effluxion of time without a person having been appointed or
nominated to fill the vacancy, the director continues in office until --
(a) a person is appointed or nominated to fill the vacancy; or
15 (b) a period of 3 months elapses after the expiry of the period of
office,
whichever occurs first.
2. Casual vacancies
(1) The office of a director becomes vacant if the director --
20 (a) dies;
(b) resigns the office by instrument in writing addressed to the
Minister;
(c) is absent from 4 consecutive meetings of RWWA of which
reasonable notice had been given to the director, except on
25 leave granted by RWWA;
(d) is convicted in Western Australia of an offence that is
punishable by imprisonment for 12 months or more or is
convicted elsewhere than in Western Australia of an offence
that, if committed in Western Australia, would be an offence
30 so punishable;
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board of directors
(e) is refused a licence under section 14 of this Act or has the
licence revoked under section 109K(3) of the Gaming
Commission Act 1987;
(f) becomes a member of the committtee of a racing club, the
5 holder of an office on the governing body of a body declared
to be an eligible body under section 12 or a person who
would not be eligible to be appointed, nominated or selected
as a director; or
(g) is removed from office under subclause (2).
10 (2) The Minister may remove a director from office for incapacity,
incompetence or misbehaviour.
3. Deputy chairperson
(1) The board is to appoint a director to be the deputy chairperson.
(2) When the chairperson is unable to act because of sickness, absence or
15 other cause, the deputy chairperson is to act in the chairperson's
place.
(3) Where the deputy chairperson is acting in place of the chairperson at
the meeting clause 4(4) applies as if the deputy chairperson were
unable to act.
20 4. Alternate directors
(1) A person may be nominated or selected under section 8 as an alternate
director for a director.
(2) A person cannot be nominated or selected as an alternate director for
more than one director.
25 (3) Sections 8(1)(b), (c), (d) and (e), 10, 13 and 14 apply (with any
necessary changes) in relation to alternate directors as they apply to
directors.
(4) Where a director is unable to act because of sickness, absence or other
cause, the alternate director for that director may act in the director's
30 place, and while so acting that alternate director is to be taken to be a
director and entitled to remuneration under section 17.
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Schedule 1 Provisions about the constitution and proceedings of RWWA's
board of directors
(5) No act or omission of an alternate director acting in place of a director
under this clause may be questioned on the ground that the occasion
for acting had not arisen or had ceased.
5. Meetings
5 (1) The first meeting of the board is to be convened by the chairperson
and, subject to subclause (2), subsequent meetings are to be held at
such times and places as the board determines.
(2) A special meeting of the board may at any time be convened by the
chairperson or any 2 directors.
10 (3) The chairperson, or the deputy chairperson acting under clause 3(2), is
to preside at all meetings of the board at or in which he or she is
present, or participating under clause 6.
(4) If both the chairperson and the deputy chairperson are not present or
participating, the directors present or participating are to appoint a
15 director to preside.
(5) At any meeting of the board --
(a) 5 directors constitute a quorum; and
(b) in the case of an equality of votes the person presiding has a
casting vote in addition to a deliberative vote.
20 6. Telephone and video meetings
Despite anything in this Schedule, a communication between directors
constituting a quorum under clause 5(5)(a) by telephone or
audio-visual means is a valid meeting of directors, but only if each
participating director is able to communicate with every other
25 participating director instantaneously at all times while participating
in the proceedings.
7. Resolution may be passed without meeting
(1) If a document containing a statement to the effect that an act, matter
or thing has been done, or a resolution has been passed, is sent or
30 given to all directors and is assented to by not less than 5 directors
capable of constituting a quorum under clause 5(5)(a) that act, matter,
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Provisions about the constitution and proceedings of RWWA's Schedule 1
board of directors
thing or resolution is to be taken as having been done at or passed by
a meeting of the board.
(2) For the purposes of subclause (1) --
(a) the meeting is to be taken as having been held --
5 (i) if the directors assented to the document on the same
day, on the day on which the document was assented
to and at the time at which the document was last
assented to by a director; or
(ii) if the directors assented to the document on different
10 days, on the day on which, and at the time at which,
the document was last assented to by a director;
(b) 2 or more separate documents in identical terms each of
which is assented to by one or more directors are to be taken
to constitute one document; and
15 (c) a director may signify assent to a document by signing the
document or by notifying RWWA of the director's assent in
person or by post, facsimile, telephone or other method of
written, audio or audio-visual communication.
(3) Where a director signifies assent to a document otherwise than by
20 signing the document, the director must by way of confirmation sign
the document at the next meeting of the board attended by that
director, but failure to do so does not invalidate the act, matter, thing
or resolution to which the document relates.
(4) Where a document is assented to in accordance with subclause (1), the
25 document is to be taken as a minute of a meeting of the board.
8. Voting by interested directors
(1) A director who has a material personal interest in a matter that is
being considered by the board of RWWA --
(a) must not vote whether at a meeting or otherwise --
30 (i) on the matter; or
(ii) in relation to a proposed resolution under
subclause (3) in relation to the matter, whether in
relation to that or a different director;
and
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Schedule 1 Provisions about the constitution and proceedings of RWWA's
board of directors
(b) must not be present while --
(i) the matter; or
(ii) a proposed resolution of the kind referred to in
paragraph (a)(ii),
5 is being considered at a meeting.
(2) For the purpose of subclause (1), a director does not have an interest
in a matter relating to an existing or proposed contract of insurance
merely because the contract insures, or would insure, the director
against a liability incurred by the director in his or her capacity as a
10 director. This subclause does not apply if RWWA is the insurer.
(3) Subclause (1) does not apply if the board has at any time passed a
resolution that --
(a) specifies the director, the interest and the matter; and
(b) states that the directors voting for the resolution are satisfied
15 that the interest should not disqualify the director from
considering or voting on the matter.
(4) Despite clause 5(5), if a director is disqualified under subclause (1) in
relation to a matter, a quorum is present during the consideration of
that matter if at least 4 directors are present who are entitled to vote
20 on any motion that may be moved at the meeting in relation to that
matter.
(5) The Minister may deal with a matter in so far as a board cannot deal
with it because of subclause (4).
(6) The Minister may by writing declare that subclauses (1) and (4) do
25 not apply in relation to a specified matter either generally or in voting
on particular resolutions.
(7) The Minister must within 14 days after a declaration under
subclause (6) is made cause a copy of the declaration to be laid before
each House of Parliament or to be dealt with under section 117.
30 9. Minutes of meetings and resolutions
The board is to ensure that an accurate record is kept and preserved of
the proceedings at each meeting of the board and of each resolution
passed under clause 7.
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Provisions about the constitution and proceedings of RWWA's Schedule 1
board of directors
10. Leave of absence
The board may, on such terms and conditions as it thinks fit, grant to a
director leave of absence from a meeting, including the meeting at
which it is intended to grant the leave.
5 11. Board to determine own procedures
Subject to this Act, the board may determine its own procedures.
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Racing and Wagering Western Australia Bill 2003
Schedule 2 Provisions about CEO and staff
Schedule 2 -- Provisions about CEO and staff
[s. 25]
Division 1 -- General duties of CEO
1. Duties of CEO
5 (1) It is declared that the CEO has --
(a) the same fiduciary relationship with RWWA; and
(b) the same duties to RWWA to act with loyalty and in good
faith,
as a director of a company incorporated under the Corporations Act
10 has with and to the company.
(2) The duties referred to in subclause (1) are enforceable by the board
and not otherwise.
Division 2 -- Particular duties stated
2. Interpretation
15 (1) In this Division --
"officer" means --
(a) the CEO; or
(b) an executive officer or other member of staff;
"summary conviction penalty", in relation to a crime, has the same
20 meaning as in section 5 of The Criminal Code.
(2) A person who attempts (as defined in section 4 of The Criminal Code)
to commit an offence against a provision of this Division is guilty of
that offence.
(3) For the CEO, the duties provided for by this Division are in addition
25 to those in clause 1.
3. Duty to act honestly
(1) The CEO or an executive officer of RWWA must at all times act
honestly in the performance of the functions of his or her office,
whether within or outside the State.
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(2) A person who contravenes subclause (1) --
(a) with intent to deceive or defraud --
(i) RWWA; or
(ii) creditors of RWWA or of any other person;
5 or
(b) for any other fraudulent purpose,
is guilty of a crime and is liable to a fine of $20 000 or imprisonment
for 5 years, or both.
Summary conviction penalty: A fine of $12 000 or imprisonment for
10 3 years, or both.
(3) If subclause (2) does not apply, a person who contravenes
subclause (1) is liable to a fine of $5 000.
4. Duty to exercise reasonable care and diligence
The CEO or an executive officer of RWWA must at all times exercise
15 the degree of care and diligence in the performance of the functions of
his or her office, whether within or outside the State, that a reasonable
person in that position would reasonably be expected to exercise in
RWWA's circumstances.
Penalty: $5 000.
20 5. Duty not to make improper use of information
(1) An officer or a former officer of RWWA must not, whether within or
outside the State, make improper use of information acquired by
virtue of his or her position as such to gain, directly or indirectly, an
advantage for himself or herself or for any other person or to cause
25 detriment to RWWA.
(2) A person who contravenes subclause (1) is guilty of a crime and is
liable to a fine of $20 000 or imprisonment for 5 years, or both.
Summary conviction penalty: A fine of $12 000 or imprisonment for
3 years, or both.
30 6. Duty not to make improper use of position
(1) An officer of RWWA must not, whether within or outside the State,
make improper use of his or her position as such to gain, directly or
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Schedule 2 Provisions about CEO and staff
indirectly, an advantage for himself or herself or for any other person
or to cause detriment to RWWA.
(2) A person who contravenes subclause (1) is guilty of a crime and is
liable to a fine of $20 000 or imprisonment for 5 years, or both.
5 Summary conviction penalty: A fine of $12 000 or imprisonment for
3 years, or both.
Division 3 -- Compensation
7. Payment of compensation may be ordered
(1) Where --
10 (a) a person is convicted of an offence for a contravention of
clause 3, 4, 5 or 6; and
(b) the court is satisfied that RWWA has suffered loss or damage
as a result of the act or omission that constituted the offence,
the court by which the person is convicted may, in addition to
15 imposing a penalty, order the convicted person to pay compensation
to RWWA of such amount as the court specifies.
(2) Any such order may be enforced as if it were a judgment of the court.
8. Civil proceedings for recovery
Where a person contravenes clause 3, 4, 5 or 6, RWWA may, whether
20 or not the person has been convicted of an offence in respect of that
contravention, recover from the person as a debt due to RWWA by
action in any court of competent jurisdiction --
(a) if that person or any other person made a profit as a result of
the contravention, an amount equal to that profit; and
25 (b) if RWWA has suffered loss or damage as a result of the
contravention, an amount equal to that loss or damage.
Division 4 -- Relief from liability
9. Relief from liability
For the purposes of clause 1, 7 or 8, if it appears to the court that a
30 person --
(a) is, or may be, liable under that clause;
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Provisions about CEO and staff Schedule 2
(b) has acted honestly; and
(c) ought fairly to be excused having regard to all the
circumstances of the case, including those connected with the
person's appointment,
5 the court may relieve the person either wholly or partly from liability
on such terms as the court thinks fit.
10. Application for relief
(1) Where a person has reason to believe that any claim will or might be
made against him or her under clause 1, 7 or 8, the person may apply
10 to the Supreme Court for relief.
(2) On an application under subclause (1) the Supreme Court has the
same power to relieve the person as it would have had under clause 9
if it had been a court exercising jurisdiction under clause 1, 7 or 8.
11. Case may be withdrawn from jury
15 Where a case to which clause 9 applies is being tried by a judge with
a jury, the judge after hearing the evidence may, if he or she is
satisfied that the person ought under that clause to be relieved either
wholly or partly from liability sought to be enforced against the
person --
20 (a) withdraw the case in whole or in part from the jury; and
(b) direct judgment to be entered for the person on such terms as
to costs or otherwise as the judge thinks proper.
12. Compliance with directions
(1) A person does not contravene clause 1, 3 or 4 by doing or omitting to
25 do anything in compliance with a direction received in the course of
the person's employment.
(2) Subclause (1) does not extend to the manner in which a thing is done
or omitted if it is done or omitted in a manner that is contrary to
clause 3 or 4 and the direction did not require that it be done in that
30 manner.
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Schedule 2 Provisions about CEO and staff
Division 5 -- Restrictions on indemnities and exemptions
13. Indemnification and exemption of CEO and executive officers
(1) RWWA or a subsidiary must not exempt a person (whether directly or
through an interposed entity) from a liability to RWWA incurred as
5 the CEO or an executive officer of RWWA.
(2) RWWA or a subsidiary must not indemnify a person (whether by
agreement or by making a payment and whether directly or through
an interposed entity) against any of the following liabilities incurred
as the CEO or an executive officer of RWWA --
10 (a) a liability owed to RWWA or a subsidiary; or
(b) a liability that is owed to someone other than RWWA or a
subsidiary and did not arise out of conduct in good faith.
(3) Subclause (2) does not apply to a liability for legal costs.
(4) RWWA or a subsidiary must not indemnify a person (whether by
15 agreement or by making a payment and whether directly or through
an interposed entity) against legal costs incurred in defending an
action for a liability incurred as the CEO or an executive officer of
RWWA if the costs are incurred --
(a) in defending or resisting a proceeding in which the person is
20 found to have a liability for which the person could not be
indemnified under subclause (2);
(b) in defending or resisting criminal proceedings in which the
person is found guilty; or
(c) in connection with proceedings for relief under clause 9 or 10
25 in which the Supreme Court denies the relief.
(5) In determining the outcome of proceedings for the purposes of
subclause (4), the result of any appeal in relation to the proceedings is
to be taken into account.
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14. Insurance premiums for certain liabilities of CEO and executive
officers
(1) RWWA or a subsidiary must not pay, or agree to pay, a premium for a
contract insuring the CEO or an executive officer of RWWA against a
5 liability (other than one for legal costs) arising out of --
(a) conduct involving a wilful breach of duty in relation to
RWWA; or
(b) a contravention of clause 5 or 6.
(2) Subclause (1) applies to a premium whether it is paid directly or
10 through an interposed entity.
15. Certain indemnities, exemptions, payments and agreements not
authorised and certain documents void
(1) Clauses 13 and 14 do not authorise anything that would otherwise be
unlawful.
15 (2) Anything that purports to indemnify or insure a person against a
liability or exempt a person from a liability is void to the extent that it
contravenes clause 13 or 14.
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Racing and Wagering Western Australia Bill 2003
Schedule 3 Provisions to be included in constitution of subsidiaries
Schedule 3 -- Provisions to be included in constitution
of subsidiaries
[s. 32]
1. Disposal of shares
5 (1) RWWA is not to sell or otherwise dispose of shares in the subsidiary
other than as approved by the Minister.
(2) The Minister is empowered to execute a transfer of any shares in the
subsidiary held by RWWA.
2. Directors
10 (1) The directors of the subsidiary are to be appointed by RWWA, but no
such director may be appointed except with the prior written approval
of the Minister.
(2) All decisions relating to the operation of the subsidiary are to be made
by or under the authority of the board of the subsidiary in accordance
15 with the statement of corporate intent of RWWA and the subsidiary.
(3) The board of the subsidiary is accountable to the Minister in the
manner set out in Part 6 and in the constitution of the subsidiary.
3. Further shares
Shares may not be issued or transferred except with the prior written
20 approval of the Minister.
4. Subsidiaries of subsidiary
(1) The subsidiary may not form, participate in the formation of, or
acquire any subsidiary without the prior written approval of the
Minister given with the Treasurer's concurrence.
25 (2) The subsidiary must ensure that the constitution of each of its
subsidiaries at all times complies with this Act.
(3) The subsidiary must, to the maximum extent practicable, ensure that
each of its subsidiaries complies with its constitution and with the
requirements of this Act.
page 94
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