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This is a Bill, not an Act. For current law, see the Acts databases.


BETTING AND RACING LEGISLATION AMENDMENT BILL 2006

                      Western Australia


Betting and Racing Legislation Amendment
                 Bill 2006

                         CONTENTS


        Part 1 -- Preliminary
  1.    Short title                                                 2
  2.    Commencement                                                2
        Part 2 -- Betting Control Act 1954
  3.    The Act amended                                             3
  4.    Long title amended                                          3
  5.    Section 4 amended                                           3
  6.    Section 4AA inserted                                        4
        4AA.     Meaning of "betting exchange"                4
  7.    Section 24 amended                                          4
  8.    Section 27A amended                                         5
  9.    Sections 27B to 27F inserted and consequential
        amendment to the Gaming and Wagering
        Commission Act 1987                                         6
        27B.     Establishing or operating a betting
                 exchange prohibited                          6
        27C.     Interpretation and application of
                 section 27D                                   7
        27D.     Publication of WA race fields restricted      8
        27E.     Delegation                                   10
        27F.     Review of Minister's decision                10
  10.   Sections 27G and 27H inserted and consequential
        repeal of sections 11H and 11I                             11
        27G.     Liability of persons who occupy a position
                 of authority in a body corporate             11
        27H.     Liability of natural persons, partners,
                 bodies corporate and officers                11
  11.   Section 28A amended                                        13
  12.   Section 28B amended                                        13


                            146--1                                  page i
Betting and Racing Legislation Amendment Bill 2006



Contents



              Part 3 -- Racing and Wagering
                   Western Australia Act 2003
      13.     The Act amended                        14
      14.     Section 30 amended                     14
      15.     Section 35 amended                     15




page ii
                           Western Australia


                     LEGISLATIVE ASSEMBLY



  Betting and Racing Legislation Amendment
                   Bill 2006


                               A Bill for


An Act to amend --
•  the Betting Control Act 1954; and
•  the Racing and Wagering Western Australia Act 2003,
and for related purposes.



The Parliament of Western Australia enacts as follows:




                                                         page 1
    Betting and Racing Legislation Amendment Bill 2006
    Part 1         Preliminary

    s. 1



                             Part 1 -- Preliminary
    1.         Short title
               This is the Betting and Racing Legislation Amendment
               Act 2006.

5   2.         Commencement
         (1)   This Act comes into operation on a day fixed by proclamation.
         (2)   Different days may be fixed under subsection (1) for different
               provisions.




    page 2
                      Betting and Racing Legislation Amendment Bill 2006
                                   Betting Control Act 1954       Part 2

                                                                          s. 3



               Part 2 -- Betting Control Act 1954
     3.   The Act amended
          The amendments in this Part are to the Betting Control
          Act 1954*.
 5        [* Reprinted as at12 April 2002.
             For subsequent amendments see Western Australian
             Legislation Information Tables for 2005, Table 1, p. 35 and
             Act No.38 of 2005.]

     4.   Long title amended
10        The long title is amended after "through, RWWA;" by
          inserting --
          "
               to prohibit betting through, and the establishment
               and operation of, betting exchanges;
15                                                                          ".

     5.   Section 4 amended
          Section 4(1) is amended after the definition of "authorised
          officer" by inserting --
          "
20             "betting exchange" has the meaning given to that term
                   in section 4AA;
                                                                            ".




                                                                        page 3
     Betting and Racing Legislation Amendment Bill 2006
     Part 2         Betting Control Act 1954

     s. 6



     6.           Section 4AA inserted
                  After section 4 the following section is inserted --
     "
                4AA.    Meaning of "betting exchange"
 5                      In this Act --
                        "betting exchange" means a facility, electronic or
                             otherwise, that enables persons --
                             (a) to place or accept, through the operator of
                                   the betting exchange, bets with other
10                                 persons; or
                             (b) to place with the operator of the betting
                                   exchange bets that, on acceptance, are
                                   matched with opposing bets placed with and
                                   accepted by the operator,
15                           but does not include a facility, electronic or
                             otherwise, that enables persons to place bets only
                             with a bookmaker or a totalisator.
                                                                                  ".

     7.           Section 24 amended
20        (1)     After section 24(1) the following subsection is inserted --
            "
                (1aa)   A person who bets through the use of a betting
                        exchange commits an offence.
                        Penalty: $10 000, or 24 months imprisonment, or both.
25                                                                                ".
          (2)     Section 24(1a) is amended after "subsection (1)" by inserting --
                  " or (1aa)    ".




     page 4
                                Betting and Racing Legislation Amendment Bill 2006
                                             Betting Control Act 1954       Part 2

                                                                                   s. 8



          (3)   Section 24(2) is amended by deleting the definition of
                "interstate offence" and inserting instead --
                "
                          "interstate offence" means --
 5                            (a) in relation to an offence under
                                    subsection (1) -- an offence under the law of
                                    another State or a Territory, which offence is
                                    declared by the regulations to be an offence
                                    that corresponds to an offence under that
10                                  subsection; or
                              (b)   in relation to an offence under
                                    subsection (1aa) -- an offence under the law
                                    of another State or a Territory, which offence
                                    is declared by the regulations to be an
15                                  offence that corresponds to an offence under
                                    that subsection.
                                                                                     ".

     8.         Section 27A amended
          (1)   Section 27A(1) is amended as follows:
20                (a) before the definition of "authorised person" by
                       inserting --
                "
                          "approved sporting event" means --
                              (a) a sporting event; or
25                           (b) a specific contingency of, or relating to, a
                                    sporting event,
                             that is the subject of an approval given under
                             section 4B(2);
                                                                                     ";
30                  (b)    after "races" in paragraph (b) of the definition of
                           "authorised person" by inserting --
                           " or sporting events ";


                                                                                 page 5
     Betting and Racing Legislation Amendment Bill 2006
     Part 2         Betting Control Act 1954

     s. 9



                    (c)    after "race" in paragraph (a) of the definition of
                           "offshore bet" by inserting --
                           " , or on an approved sporting event, ";
                    (d)    after "races" in the definition of "offshore betting
 5                         operator" by inserting --
                           " or sporting events ".
          (2)   Section 27A(2) is amended by deleting "whom" and inserting
                instead --
                "     who     ".
10        (3)   Section 27A(5)(a) is amended after "races" by inserting --
                " or sporting events        ".
          (4)   Section 27A(5)(b) is amended as follows:
                    (a)    after "racing" by inserting --
                           " or sporting ";
15                  (b)    after "races" by inserting --
                           " or sporting events ".

     9.         Sections 27B to 27F inserted and consequential amendment
                to the Gaming and Wagering Commission Act 1987
          (1)   After section 27A the following sections are inserted --
20   "
            27B.          Establishing or operating a betting exchange
                          prohibited
                (1)       A person who establishes or operates a betting
                          exchange commits an offence.
25                        Penalty: $10 000, or 24 months imprisonment, or both.




     page 6
                   Betting and Racing Legislation Amendment Bill 2006
                                Betting Control Act 1954       Part 2

                                                                         s. 9



       (2)   For the purposes of subsection (1) --
               (a) anything done by the holder of a current
                     bookmaker's licence in accordance with this
                     Act in carrying on the business or vocation of,
 5                   or acting as, a bookmaker; or
              (b) anything done by RWWA in accordance with
                     the RWWA Act or another written law; or
              (c) anything done as prescribed by the regulations,
             does not constitute the establishment or operation of a
10           betting exchange.

     27C.    Interpretation and application of section 27D
       (1)   In section 27D --
             "approval" means an approval under section 27D(2);
             "WA race field" means information that identifies, or
15                is capable of identifying, the names or numbers of
                  the horses or greyhounds --
                  (a) that have been nominated for, or that will
                        otherwise take part in, an intended race to be
                        conducted in this State; or
20                (b) that have been scratched or withdrawn from
                        an intended race to be conducted in this
                        State.
       (2)   Subject to subsections (3) and (4), section 27D applies
             to --
25             (a) a person who in this State or elsewhere --
                       (i) carries on the business or vocation of, or
                            acts as, a bookmaker; or
                      (ii) conducts betting by the operation of a
                            totalisator; or
30                   (iii) operates a betting exchange (however
                            described); or


                                                                   page 7
     Betting and Racing Legislation Amendment Bill 2006
     Part 2         Betting Control Act 1954

     s. 9



                            (iv)   gains or endeavours to gain a livelihood
                                   wholly or partly by making bets;
                           or
                     (b)   a person who is an employee or agent of a
 5                         person referred to in paragraph (a).
              (3)   Section 27D does not apply to RWWA in respect of the
                    performance of its functions in accordance with the
                    RWWA Act or another written law.
              (4)   Section 27D does not apply to a person holding a
10                  licence under Part 2 until --
                       (a) the day notified under subsection (5); or
                      (b) the expiry of 12 months after the
                            commencement of the Betting and Racing
                            Legislation Amendment Act 2006 section 9,
15                  whichever occurs first.
              (5)   The Minister may, by notice published in the Gazette,
                    notify the day on and from which section 27D applies
                    to a person holding a licence under Part 2.

            27D.    Publication of WA race fields restricted
20            (1)   A person to whom this section applies who, in this
                    State or elsewhere, publishes or otherwise makes
                    available a WA race field in the course of business
                    commits an offence unless the person --
                      (a) is authorised to do so by an approval; and
25                    (b) complies with any condition to which the
                            approval is subject.
                    Penalty: $5 000.




     page 8
                   Betting and Racing Legislation Amendment Bill 2006
                                Betting Control Act 1954       Part 2

                                                                        s. 9



     (2)   On the application of a person and the payment of the
           prescribed fee, the Minister may, by notice in writing,
           give an approval authorising the person to publish or
           otherwise make available WA race fields specified in
 5         the notice or of a class specified in the notice.
     (3)   An approval may be unconditional or subject to one or
           more conditions specified in the notice.
     (4)   The Minister may, by notice in writing, amend,
           suspend or revoke an approval.
10   (5)   Before deciding --
            (a) to give or to refuse to give an approval; or
            (b) to impose one or more conditions on an
                  approval; or
            (c) to amend, suspend or revoke an approval,
15         the Minister is to have regard to the prescribed criteria.
     (6)   Without limiting any other power of the Minister under
           this section, the Minister may refuse to give an
           approval if satisfied that the approval would not be in
           the public interest.
20   (7)   If the Minister decides --
            (a)    to refuse to give an approval; or
            (b)    to impose one or more conditions on an
                   approval; or
             (c)   to amend, suspend or revoke an approval,
25         the Minister is to give notice in writing of the decision
           and the reasons for the decision to the person applying
           for, or holding, the approval.




                                                                  page 9
     Betting and Racing Legislation Amendment Bill 2006
     Part 2         Betting Control Act 1954

     s. 9



            27E.        Delegation
                  (1)   The Minister may, in writing signed by the Minister,
                        delegate the Minister's powers and duties under
                        section 27D to --
 5                        (a) the Commission; or
                          (b) a prescribed person.
                  (2)   RWWA is not to be prescribed for the purposes of
                        subsection (1)(b).

            27F.        Review of Minister's decision
10                (1)   In this section --
                        "approval" means an approval under section 27D(2).
                  (2)   A person aggrieved by the decision of the Minister --
                         (a) to refuse to give an approval; or
                         (b) to impose one or more conditions on an
15                             approval; or
                         (c)   to amend, suspend or revoke an approval,
                        may apply to the State Administrative Tribunal for a
                        review of the decision.
                                                                                ".
20      (2)       After the Gaming and Wagering Commission Act 1987*
                  section 43A(3) the following subsection is inserted --
              "
                  (4)   In subsection (3)(c) --
                        "approval" does not include an approval under the
25                           Betting Control Act 1954 section 27D(2).
                                                                                ".
                  [* Reprint 3 as at 3 September 2004.
                     For subsequent amendments see Western Australian
                     Legislation Information Tables for 2005, Table 1, p. 187 and
30                   Act No. 38 of 2005.]

     page 10
                             Betting and Racing Legislation Amendment Bill 2006
                                          Betting Control Act 1954       Part 2

                                                                                 s. 10



     10.         Sections 27G and 27H inserted and consequential repeal of
                 sections 11H and 11I
           (1)   Before section 28 the following sections are inserted --
     "
 5           27G.      Liability of persons who occupy a position of
                       authority in a body corporate
                 (1)   If a body corporate commits an offence against this
                       Act, and it is proved that --
                          (a) the offence was committed with the consent or
10                             connivance of a person who occupies a position
                               of authority in the body corporate; or
                         (b) a person who occupies a position of authority in
                               the body corporate failed to exercise such due
                               diligence to prevent the commission of the
15                             offence as ought to have been exercised having
                               regard to the nature of the person's functions
                               and to all other circumstances,
                       the person commits the same offence.
                 (2)   A person may be proceeded against and convicted of
20                     an offence against this Act by virtue of subsection (1)
                       whether or not the body corporate has been proceeded
                       against and convicted of the offence.

             27H.      Liability of natural persons, partners, bodies
                       corporate and officers
25               (1)   If an employee of a bookmaker who is a natural person
                       commits an offence against this Act related to the
                       business of the bookmaker, the bookmaker is to be
                       treated as having committed an offence and is liable to
                       the penalty prescribed for the offence committed by the
30                     employee.
                 (2)   If a manager, an employee or an agent of a bookmaker
                       that is a partnership or a body corporate commits an

                                                                           page 11
     Betting and Racing Legislation Amendment Bill 2006
     Part 2         Betting Control Act 1954

     s. 10



                     offence against this Act related to the business of the
                     partnership or body corporate as a bookmaker --
                       (a) each of the partners; or
                       (b) the body corporate,
 5                   as the case may be, is to be treated as having
                     committed an offence and is liable to the penalty
                     prescribed for the offence committed by the manager,
                     employee or agent of the partnership or body corporate.
               (3)   If under subsection (2) a body corporate is treated as
10                   having committed an offence, each person who
                     occupies a position of authority in the body corporate is
                     to be treated as having committed the offence and is
                     liable to the penalty prescribed for the offence
                     committed by the manager, employee or agent of the
15                   body corporate, unless the person proves that --
                        (a) the offence was committed without the person's
                              consent or connivance; and
                       (b) the person exercised all such due diligence to
                              prevent the commission of the offence as ought
20                            to have been exercised having regard to the
                              nature of the person's functions and to all the
                              circumstances.
               (4)   If an employee of a bookmaker that is a partnership or
                     a body corporate commits an offence against this Act
25                   related to the business of the bookmaker, the licensed
                     manager of the bookmaker is to be treated as having
                     committed an offence and is liable to the penalty
                     prescribed for the offence committed by the employee.
                                                                                 ".
30      (2)    Sections 11H and 11I are repealed.




     page 12
                      Betting and Racing Legislation Amendment Bill 2006
                                   Betting Control Act 1954       Part 2

                                                                     s. 11



    11.   Section 28A amended
          Section 28A(3) is amended by deleting "27 or 27A." and
          inserting instead --
          "   27, 27A or 27B.   ".

5   12.   Section 28B amended
          Section 28B is amended by deleting "27 or 27A -- " and
          inserting instead --
          "   , 27, 27A or 27B --     ".




                                                                   page 13
     Betting and Racing Legislation Amendment Bill 2006
     Part 3         Racing and Wagering Western Australia Act 2003

     s. 13



      Part 3 -- Racing and Wagering Western Australia
                        Act 2003
     13.       The Act amended
               The amendments in this Part are to the Racing and Wagering
 5             Western Australia Act 2003*.
               [* Act No. 36 of 2003.
                  For subsequent amendments see Western Australian
                  Legislation Information Tables for 2005, Table 1, p. 375 and
                  Act No. 38 of 2005.]

10   14.       Section 30 amended
               Section 30(2) is amended as follows:
                 (a) after paragraph (b) by inserting --
                   "
                       (ba)   provide on a commercial basis, under a contract
15                            or arrangement entered into with a person given
                              an approval under the Betting Control Act 1954
                              section 27D(2), information held by RWWA
                              that identifies the names or numbers of the
                              horses or greyhounds --
20                               (i) that have been nominated for, or that
                                      will otherwise take part in, intended
                                      thoroughbred races, harness races or
                                      greyhound races to be conducted in
                                      Western Australia; or
25                              (ii) that have been scratched or withdrawn
                                      from intended thoroughbred races,
                                      harness races or greyhound races to be
                                      conducted in Western Australia;
                              and
30                                                                              ";



     page 14
                      Betting and Racing Legislation Amendment Bill 2006
             Racing and Wagering Western Australia Act 2003       Part 3

                                                                           s. 15



            (b)        after paragraphs (a) and (b) and each of paragraphs (c)
                       to (i) by inserting --
                       " and ".

     15.   Section 35 amended
 5         Section 35(1) is amended as follows:
             (a) after paragraph (b) by inserting --
                  "
                      (ba)   to enter into contracts or arrangements for the
                             commercial exploitation of information held by
10                           RWWA relating to the racing industry in
                             Western Australia; and
                                                                                 ";
            (b)        after paragraphs (a) and (b) and each of paragraphs (c)
                       to (h) by inserting --
15                     " and ".




 


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