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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Betting Legislation Amendment Bill 2001
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Betting Control Act 1954
amended
3. The Act amended in this Part 3
4. Section 4 amended 3
5. Section 4A amended 4
6. Section 7 amended 4
7. Section 11 replaced by sections 11 to 11I 5
8. Section 12 amended 26
9. Section 12A amended 29
10. Section 14 amended 31
11. Section 15 amended 32
12. Section 16 amended 33
13. Section 16A amended 34
14. Section 17 amended 34
15. Section 17B amended 34
16. Section 18 amended 35
17. Section 18A amended 35
18. Section 18B amended 35
19. Section 20 amended 35
20. Section 21 amended 36
21. Section 22 amended 36
22. Section 27 amended 36
23. Section 28A amended 37
24. Section 31 amended 37
25. Section 31A amended 37
page i
67--2
Betting Legislation Amendment Bill 2001
Contents
26. Section 32A amended 38
27. Section 33 amended 39
28. Second Schedule heading replaced 39
29. Schedule 3 inserted 40
Part 3 -- Totalisator Agency Board
Betting Act 1960 amended
30. The Act amended in this Part 41
31. Section 13 amended 41
32. Section 56B inserted 41
33. Validation of acts of manager 42
page ii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Betting Legislation Amendment Bill 2001
A Bill for
An Act to --
• amend the Betting Control Act 1954;
• amend the Totalisator Agency Board Betting Act 1960; and
• validate certain acts of the manager of the Totalisator Agency
Board,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Betting Legislation Amendment Bill 2001
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Betting Legislation Amendment
Act 2001.
5 2. Commencement
This Act comes into operation on a day fixed by proclamation.
page 2
Betting Legislation Amendment Bill 2001
Betting Control Act 1954 amended Part 2
s. 3
Part 2 -- Betting Control Act 1954 amended
3. The Act amended in this Part
The amendments in this Part are to the Betting Control
Act 1954*.
5 [* Reprinted as at 20 February 1997.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 36 and Act No. 10 of 2001.]
4. Section 4 amended
(1) Section 4(1) is amended as follows:
10 (a) in the definition of "bookmaker", by inserting after
"whether on their own account or as" --
" a licensed manager, an ";
(b) by inserting the following definitions in the appropriate
alphabetical positions --
15 "
"ADI" means authorized deposit-taking institution as
defined in section 5 of the Banking Act 1959 of the
Commonwealth;
"controlling interest" means holds an interest in not
20 less than fifty per centum (50%) of the issued
shares of the body corporate;
"licensed manager" means the holder of a
bookmaker's manager licence issued under
section 11 or a person acting as a licensed manager
25 under section 11B(12) or 11C(11);
".
(2) After section 4(2)(a) the following paragraph is inserted --
"
(aa) to a bookmaker, includes a reference to a
30 licensed manager acting under section 11D(5);
".
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Betting Legislation Amendment Bill 2001
Part 2 Betting Control Act 1954 amended
s. 5
(3) After section 4(2) the following subsection is inserted --
"
(3) For the purposes of this Act, a person occupies a
position of authority in a body corporate if that
5 person --
(a) is a director of the body corporate;
(b) exercises or exerts, or is in a position to
exercise or exert, control or substantial
influence over the body corporate in the
10 conduct of its affairs;
(c) in the case of a public company, has a
controlling interest in the company; or
(d) in the case of a proprietary company, is a
shareholder in the company.
15 ".
5. Section 4A amended
Section 4A(2)(a) is amended by deleting "in the prescribed
form" and inserting instead --
" in a form approved by the Board ".
20 6. Section 7 amended
After section 7(4)(b) the following paragraph is inserted --
"
(ba) the character, reputation, and antecedents of
any person who occupies or seeks to occupy a
25 position of authority in a body corporate or is or
wishes to become a member of a partnership
that is the holder of, or an applicant for, a
bookmaker's licence, and of any associate or
suspected associate of that person, including as
30 to whether or not, and the extent to which, that
person acts or is reputed to be accustomed to
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Betting Legislation Amendment Bill 2001
Betting Control Act 1954 amended Part 2
s. 7
act in accordance with the directions or
interests of any other person;
".
7. Section 11 replaced by sections 11 to 11I
5 Section 11 is repealed and the following sections are inserted
instead --
"
11. Licences and approvals relating to bookmaking
(1) Applications for --
10 (a) a bookmaker's licence by a natural person, a
partnership or a body corporate;
(b) a bookmaker's manager licence;
(c) a bookmaker's employee licence;
(d) the renewal of a bookmaker's manager licence
15 or a bookmaker's employee licence;
(e) approval to become a member of a partnership
that holds a bookmaker's licence; or
(f) approval to occupy a position of authority in a
body corporate that holds a bookmaker's
20 licence,
may be made to the Board, which may grant or refuse
an application for a licence, renewal or approval.
(2) On an application in a form approved by the Board
accompanied by the prescribed fee being lodged with
25 the Board, and on such supporting information as the
Board may direct being furnished to the satisfaction of
the Board, and in the case of an application for a
bookmaker's licence subject also to section 11E(1)
or (2), if the case requires, the Board may grant the
30 application and --
(a) issue to the applicant a bookmaker's licence; or
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Betting Legislation Amendment Bill 2001
Part 2 Betting Control Act 1954 amended
s. 7
(b) issue to the applicant, or renew, a bookmaker's
manager licence or a bookmaker's employee
licence.
(3) A member or officer of the Board may inspect and take
5 copies of any records produced to the Board under this
Act, for use at the discretion of the Board.
(4) The suspension, cancellation or surrender of a licence
does not --
(a) affect the validity of a bond or other security
10 entered into for the purposes of this Act by the
holder or former holder of the licence, which
security shall continue to have effect until
discharged by the Board; or
(b) release the holder or former holder of the
15 licence from any obligation in relation to a bet.
(5) Where the holder of a licence is convicted of an
offence under any other written law, or employs or
engages in relation to the business carried on under the
licence a person who is so convicted, the holder of the
20 licence shall notify the Board of the conviction within
7 days of becoming aware of the conviction and shall
furnish to the Board such information regarding that
offence and the conviction as the Board may require.
(6) A body corporate or each person who is a member of a
25 partnership that holds a bookmaker's licence shall --
(a) within 7 days after any person becomes or
ceases to be a person who occupies a position
of authority in the body corporate or a member
of the partnership, as the case may be, lodge
30 with the Board a notice or ensure that a notice
is lodged stating the full name and usual
residential address of that person and the fact
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Betting Legislation Amendment Bill 2001
Betting Control Act 1954 amended Part 2
s. 7
that the person has become or ceased to be such
a person or member; and
(b) in the month of July in each year lodge with the
Board a return in a form approved by the Board
5 or ensure that the return is so lodged.
Penalty: $1 000.
(7) The annual return must state --
(a) the full name and usual residential address of
every person who on 30 June preceding the
10 lodging of the return was a person who
occupied a position of authority in the body
corporate or was a member of the partnership,
as the case may be; and
(b) any other prescribed matter.
15 11A. Bookmaker's licence -- natural person
(1) When determining whether or not to approve an
application by a natural person under section 11 for a
bookmaker's licence, the Board --
(a) shall be satisfied that the applicant has
20 knowledge of the business of bookmaking and
the obligations of bookmakers under this Act;
(b) shall be satisfied that the applicant is not --
(i) a member of a partnership that holds a
bookmaker's licence; or
25 (ii) a person who occupies a position of
authority in a body corporate that holds
a bookmaker's licence;
(c) shall be satisfied that the applicant is a fit and
proper person and that no circumstances make
30 it undesirable to grant a licence to that person;
and
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Betting Legislation Amendment Bill 2001
Part 2 Betting Control Act 1954 amended
s. 7
(d) may take into account not only the applicant
but also the repute and background of persons
suspected by the Board to be associated with
the applicant.
5 (2) Subject to the provisions of this Act, a bookmaker's
licence that is granted to a natural person, unless the
licence is suspended or cancelled pursuant to a
determination made administratively by the Board in
the exercise of prescribed disciplinary powers, remains
10 current during the lifetime of the holder or until the
licence is surrendered.
(3) No bookmaker's licence held by a natural person shall
be transferable or pass to the personal representative of
a deceased licensee or be, or be capable of being
15 treated as, an asset in or the subject of any partnership.
(4) The Board shall not grant a bookmaker's licence to a
natural person if that person --
(a) is under the age of 18 years; or
(b) is an undischarged bankrupt.
20 (5) A bookmaker's licence held by a natural person subject
to, and in accordance with, the provisions of this Act
and the terms and conditions of the licence, entitles the
holder to carry on the business of a bookmaker --
(a) in person, or through the agency of a licensed
25 employee, upon a race course if the person
holds a permit to do so from the committee or
other authority controlling the race course; and
(b) in person, or through the agency of a licensed
employee, at a place, upon an occasion and in
30 respect of an event authorized under
section 5(2).
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Betting Legislation Amendment Bill 2001
Betting Control Act 1954 amended Part 2
s. 7
11B. Bookmaker's licence -- partnership
(1) For a partnership to be, or to continue to be, licensed as
a bookmaker under this Act, the Board shall be
satisfied --
5 (a) if a member of the partnership is a body
corporate, that the body corporate satisfies and
continues to satisfy the matters in relation to
which the Board shall be satisfied under
section 11C(1)(a) to (e);
10 (b) if a member of the partnership is a body
corporate, that a person who occupies a
position of authority in the body corporate
satisfies and continues to satisfy the matters
referred to in section 11C(3)(a) to (g);
15 (c) that none of the members of the partnership is a
member of another partnership that holds a
bookmaker's licence;
(d) if the members of the partnership are all natural
persons, that at least one member of the
20 partnership has knowledge of the business of
bookmaking and the obligations of bookmakers
under this Act;
(e) that --
(i) none of the members of the partnership
25 holds a bookmaker's licence; and
(ii) none of the members of the partnership
is a person who holds a position of
authority in a body corporate that holds
a bookmaker's licence;
30 and
(f) that each member of the partnership who is a
natural person is a fit and proper person and
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Betting Legislation Amendment Bill 2001
Part 2 Betting Control Act 1954 amended
s. 7
that no circumstances make it undesirable to
grant a licence to the partnership.
(2) For the purpose of being satisfied as to the matters
referred to in subsection (1)(f), the Board may take into
5 account not only the member of the partnership but
also the repute and background of persons suspected by
the Board to be associated with the partnership or the
members of the partnership who are natural persons.
(3) The Board shall not grant a bookmaker's licence to a
10 partnership if a member of the partnership is a natural
person who --
(a) is under the age of 18 years; or
(b) is an undischarged bankrupt.
(4) A natural person shall not become a member of a
15 partnership that holds a bookmaker's licence unless
that person has been approved by the Board to become
a member of the partnership.
Penalty: $2 000.
(5) When determining whether or not to approve a natural
20 person to become a member of a partnership that holds
a bookmaker's licence the Board shall be satisfied that
the person is a fit and proper person and that --
(a) the person is not a member of another
partnership that holds a bookmaker's licence;
25 (b) the person does not hold a bookmaker's
licence;
(c) the person does not hold a position of authority
in a body corporate that holds a bookmaker's
licence;
30 (d) the person is not under the age of 18 years; and
(e) the person is not an undischarged bankrupt.
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Betting Legislation Amendment Bill 2001
Betting Control Act 1954 amended Part 2
s. 7
(6) For the purpose of being satisfied that the person is a fit
and proper person, the Board may take into account not
only the person but also the repute and background of
persons suspected by the Board to be associated with
5 the person.
(7) Subject to the provisions of this Act, a bookmaker's
licence that is granted to a partnership, unless
suspended or cancelled pursuant to a determination
made administratively by the Board in the exercise of
10 prescribed disciplinary powers, remains current until
the partnership is dissolved or until the licence is
surrendered.
(8) No bookmaker's licence held by a partnership shall be
transferable or pass to the personal representative of a
15 deceased partner.
(9) A partnership that holds a bookmaker's licence can
only carry on the business of a bookmaker by means of
a licensed manager or licensed employee.
(10) A bookmaker's licence held by a partnership subject to,
20 and in accordance with, the provisions of this Act and
the terms and conditions of the licence, entitles the
partnership to carry on the business of a bookmaker --
(a) upon a race course if the partnership holds a
permit to do so from the committee or other
25 authority controlling the race course; or
(b) at a place, upon an occasion and in respect of
an event authorized under section 5(2).
(11) Each person who is a member of a partnership that
holds a bookmaker's licence shall ensure that the
30 conduct of the business as a bookmaker by the
partnership is not carried on personally otherwise
than --
(a) by a licensed manager; or
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Betting Legislation Amendment Bill 2001
Part 2 Betting Control Act 1954 amended
s. 7
(b) by a licensed employee appointed to act as a
licensed manager under subsection (12).
Penalty: $5 000.
(12) If a licensee that is a partnership does not have a
5 licensed manager, the licensee may appoint a licensed
employee to act as the licensed manager and to carry
on the business of the licensee as a bookmaker for a
period of not more than 28 days or such longer period
as the Board approves.
10 (13) If a person ceases to be the licensed manager of a
licensee that is a partnership, the person shall inform
the Board in writing within 7 days of so ceasing.
Penalty: $2 000.
(14) If a person ceases to be the licensed manager of a
15 licensee that is a partnership, each person who is a
member of the partnership shall ensure that a new
licensed manager is appointed within 28 days of the
previous licensed manager ceasing to be the manager
or within such longer period as the Board has
20 approved.
Penalty: $5 000.
11C. Bookmaker's licences -- body corporate
(1) For a body corporate to be, or to continue to be,
licensed as a bookmaker under this Act, the Board --
25 (a) shall be satisfied that the requirements set out
in Schedule 3 are complied with in respect of
that body corporate;
(b) shall be satisfied that none of the persons
holding a position of authority in the body
30 corporate --
(i) holds a bookmaker's licence;
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Betting Legislation Amendment Bill 2001
Betting Control Act 1954 amended Part 2
s. 7
(ii) is a member of a partnership that holds a
bookmaker's licence;
(iii) is a person who holds a position of
authority in another body corporate that
5 holds a bookmaker's licence;
(iv) is under the age of 18 years; and
(v) is an undischarged bankrupt;
(c) shall be satisfied that each person who occupies
a position of authority in the body corporate has
10 been approved by the Board to occupy that
position;
(d) shall be satisfied that at least one director of the
body corporate has knowledge of the business
of bookmaking and the obligations of
15 bookmakers under this Act; and
(e) shall be satisfied that no circumstances make it
undesirable to grant a licence to the body
corporate.
(2) A person shall not occupy a position of authority in a
20 body corporate that holds a bookmaker's licence unless
that person has been approved by the Board to occupy
that position.
Penalty: $2 000.
(3) When determining whether or not to approve a person
25 who occupies or seeks to occupy a position of authority
in a body corporate that has applied for or holds a
licence the Board --
(a) shall be satisfied that the person has lodged a
security under section 11E(2), if required to do
30 so by the Board;
(b) shall be satisfied that the person does not hold a
bookmaker's licence;
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Betting Legislation Amendment Bill 2001
Part 2 Betting Control Act 1954 amended
s. 7
(c) shall be satisfied that the person is not a
member of a partnership that holds a
bookmaker's licence;
(d) shall be satisfied that the person does not hold a
5 position of authority in another body corporate
that holds a bookmaker's licence;
(e) shall be satisfied that the person is not under the
age of 18 years;
(f) shall be satisfied that the person is not an
10 undischarged bankrupt;
(g) shall be satisfied that the person is a fit and
proper person and that no circumstances make
it undesirable to approve the person; and
(h) may take into account not only the person but
15 also the repute and background of persons
suspected by the Board to be associated with
the person.
(4) Subject to the provisions of this Act, a bookmaker's
licence that is granted to a body corporate, unless the
20 licence is suspended or cancelled pursuant to a
determination made administratively by the Board in
the exercise of prescribed disciplinary powers, remains
current until the body corporate is dissolved or until the
licence is surrendered.
25 (5) No licence held by a body corporate shall be
transferable.
(6) A body corporate that holds a bookmaker's licence can
only carry on the business of a bookmaker by means of
a licensed manager or a licensed employee.
30 (7) A bookmaker's licence held by a body corporate
subject to, and in accordance with, the provisions of
this Act and the terms and conditions of the licence,
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Betting Legislation Amendment Bill 2001
Betting Control Act 1954 amended Part 2
s. 7
entitles the body corporate to carry on the business of a
bookmaker --
(a) upon a race course if the body corporate holds a
permit to do so from the committee or other
5 authority controlling the race course; or
(b) at a place, upon an occasion and in respect of
an event authorized under section 5(2).
(8) The conduct of the business of a licensee that is a body
corporate as a bookmaker by a licensed manager or
10 through the agency of a licensed employee does not
relieve the licensee of responsibility for ensuring that
the business is conducted in accordance with this Act.
(9) The licensee shall ensure that the conduct of the
business as a bookmaker by the licensee is not carried
15 on otherwise than personally --
(a) by a licensed manager; or
(b) by a licensed employee appointed to act as a
licensed manager under subsection (11).
Penalty: $5 000.
20 (10) The business of a bookmaker that is carried on under a
licence held by a body corporate may be carried on
through the agency of a licensed employee.
(11) If a licensee that is a body corporate does not have a
licensed manager, the licensee may appoint a licensed
25 employee to act as the licensed manager and to carry
on the business of the licensee as a bookmaker for a
period of not more than 28 days or such longer period
as the Board approves.
(12) If a person ceases to be the licensed manager of a body
30 corporate, the person shall inform the Board in writing
within 7 days of so ceasing.
Penalty: $2 000.
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Betting Legislation Amendment Bill 2001
Part 2 Betting Control Act 1954 amended
s. 7
(13) If a person ceases to be the licensed manager of a body
corporate, the licensee shall appoint a new licensed
manager within 28 days of the previous licensed
manager ceasing to be the manager or within such
5 longer period as the Board has approved.
Penalty: $5 000.
11D. Licences -- manager or employee
(1) When determining whether or not to approve an
application under section 11 for a bookmaker's
10 manager licence or a bookmaker's employee licence,
the Board --
(a) in the case of an applicant for a bookmaker's
manager licence, shall be satisfied that the
applicant has knowledge of the business of
15 bookmaking and the obligations of bookmakers
under this Act;
(b) shall be satisfied that the applicant is a fit and
proper person and that no circumstances make
it undesirable to grant a licence to that person;
20 and
(c) may take into account not only the applicant
but also the repute and background of persons
suspected by the Board to be associated with
the applicant.
25 (2) The Board shall not grant a bookmaker's manager
licence or a bookmaker's employee licence to a body
corporate or a partnership.
(3) Subject to the provisions of this Act a bookmaker's
manager licence or a bookmaker's employee licence,
30 unless suspended or cancelled pursuant to a
determination made administratively by the Board in
the exercise of prescribed disciplinary powers, remains
current for a period of 5 years or until surrendered.
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Betting Legislation Amendment Bill 2001
Betting Control Act 1954 amended Part 2
s. 7
(4) A bookmaker's manager licence or a bookmaker's
employee licence shall not be transferable or pass to
the personal representative of a deceased licensee or
be, or be capable of being treated as, an asset in or the
5 subject of any partnership.
(5) A bookmaker's manager licence entitles the holder,
subject to, and in accordance with, the provisions of
this Act and the terms and conditions of the licence, to
undertake employment with any bookmaker that is a
10 body corporate or a partnership (but not with more than
one bookmaker at any one time) and in that capacity --
(a) to carry on the business of the body corporate
or partnership as a bookmaker;
(b) upon a race course, if with the permission of
15 the committee or other controlling authority of
that race course to make bets, write betting
tickets, and carry out the activities of a
bookmaker's clerk in relation to the business of
a bookmaker; and
20 (c) to carry out such other functions under this Act
as the Board may, in writing from time to time,
authorize.
(6) A bookmaker's employee licence entitles the holder,
subject to, and in accordance with, the provisions of
25 this Act and the terms and conditions of the licence, to
undertake employment with any bookmaker and in that
capacity --
(a) upon a race course, if with the permission of
the committee or other controlling authority of
30 that race course --
(i) to make bets, write betting tickets, and
carry out the activities of a bookmaker's
clerk in relation to the business of a
bookmaker; or
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Betting Legislation Amendment Bill 2001
Part 2 Betting Control Act 1954 amended
s. 7
(ii) to act as agent of a bookmaker or
substitute for a bookmaker who is a
natural person named in that
permission;
5 and
(b) to carry out such other functions under this Act
as the Board may, in writing from time to time,
authorize.
(7) Where a licensed manager or licensed employee of a
10 bookmaker carries on the business, or any aspect of the
business, of that bookmaker --
(a) the bookmaker --
(i) is responsible for all actions of the
manager or employee relating to the
15 business, and for all betting tickets
written; and
(ii) in the case of a bookmaker who is a
natural person, shall be present at or in
close proximity to the stand or other
20 approved area where bets are made or
tickets written by the employee unless
that employee is authorized under this
Act to carry on the business as an agent
of or substitute for the bookmaker;
25 and
(b) the manager or employee shall not, otherwise
than in accordance with this Act, make bets or
write betting tickets as if the manager or
employee were a bookmaker.
30 (8) Where a licensed manager or a licensed employee of a
bookmaker that is a partnership or body corporate
carries on the business, or any aspect of the business,
of that bookmaker, the licensed manager or the
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Betting Legislation Amendment Bill 2001
Betting Control Act 1954 amended Part 2
s. 7
licensed employee shall be present at or in close
proximity to the stand or other approved area where
bets are made or tickets written by the manager or
employee unless the manager or employee is
5 authorized under this Act to carry on the business as an
agent of or substitute for the bookmaker.
11E. Security
(1) An applicant for a bookmaker's licence shall, on being
required to do so by the Board, lodge with the
10 Board --
(a) a security for the prescribed amount, which
shall (notwithstanding that it relates to gaming
or wagering) be the liquidated damages that are
recoverable in full as a debt due to the Board
15 unless every condition upon which the security
is defeasible is proved to have been performed,
in the form of a bond approved by the Board,
and shall be --
(i) accompanied by cash to be held by the
20 Treasurer; or
(ii) entered into by an insurance company,
ADI, or person acceptable to the Board,
as security for the due observance by the
bookmaker, a licensed manager of the
25 bookmaker and a licensed employee of the
bookmaker of the provisions of this Act and the
terms and conditions of any licence issued
under this Act to that bookmaker or such a
manager or an employee; and
30 (b) a statement of the assets and liabilities of the
applicant verified in such manner as the Board
may require.
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Betting Legislation Amendment Bill 2001
Part 2 Betting Control Act 1954 amended
s. 7
(2) One or more directors of a body corporate that is an
applicant for or holds a bookmaker's licence shall, on
being required to do so by the Board, lodge with the
Board a security for the prescribed amount, which shall
5 (notwithstanding that it relates to gaming or wagering)
be the liquidated damages that are recoverable in full as
a debt due to the Board unless every condition upon
which the security is defeasible is proved to have been
performed, in the form of a bond approved by the
10 Board, and shall be --
(a) accompanied by cash to be held by the
Treasurer; or
(b) entered into by an insurance company, ADI, or
person acceptable to the Board,
15 as security for the due observance by the body
corporate and its licensed manager and a licensed
employee of a body corporate of the provisions of this
Act and the terms and conditions of any licence issued
under this Act to that body corporate or such a manager
20 or an employee.
(3) The Board may --
(a) apply a security in relation to a betting debt,
regardless of the date the debt was incurred by
the bookmaker;
25 (b) terminate a bond in accordance with its terms;
(c) advertise, and call for claims, in respect of
betting transactions and fix a period after the
expiry of which claims may be disregarded;
(d) hold any security until after the expiry of any
30 period fixed for the filing of claims, and for a
reasonable period thereafter;
(e) where a bond is terminated, or if the Board
otherwise determines that the security held
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Betting Legislation Amendment Bill 2001
Betting Control Act 1954 amended Part 2
s. 7
should be reviewed, require a licensee to
furnish --
(i) a statement of assets and liabilities;
(ii) further or other security; or
5 (iii) both,
and if the licensee fails to do so within the time
fixed by the Board the operation of the licence
may be suspended until the licensee has
complied to the satisfaction of the Board;
10 (f) where a bond of a director of a body corporate
is terminated, or if the Board otherwise
determines that the security held should be
reviewed, require the director to furnish further
or other security and if the director fails to do
15 so within the time fixed by the Board the
operation of the body corporate's licence may
be suspended until the director has complied to
the satisfaction of the Board; and
(g) deduct from any sum recovered by the Board
20 under a security the costs and expenses of that
recovery.
(4) After deduction of the costs and expenses authorized
by subsection (3)(g), the balance of any sum recovered
by the Board under a security of a licensee or a security
25 of a director of a body corporate that is a bookmaker
shall be applied --
(a) firstly, in discharging any portion of any
bookmakers' annual licence fee or bookmakers'
betting levy due under this Act, and any other
30 tax, duty, fines or penalties payable under any
written law by the bookmaker;
(b) secondly, in payment or rateably in payment of
what the Board decides are the betting debts of
the bookmaker; and
page 21
Betting Legislation Amendment Bill 2001
Part 2 Betting Control Act 1954 amended
s. 7
(c) if there is any sum then remaining, in
repayment to the surety, bookmaker or director
from which or whom the sum was recovered.
(5) Before a security lodged with the Board is discharged
5 the Board may require a licensee, or former licensee, in
respect of whose licence the security was lodged to
produce at the office of the Board all records relating to
the conduct of business under that licence, or such of
those records as the Board specifies in writing, for
10 inspection by the Board, and a person who contravenes
any such requirement commits an offence.
Penalty: $5 000.
(6) In subsection (5), a reference to a licensee includes --
(a) if the licensee is a body corporate, a reference
15 to a person who occupies or occupied a position
of authority in the body corporate; and
(b) if the licensee is a partnership, a reference to a
member or former member of the partnership,
and a reference to a licence is a reference to the licence
20 of the body corporate or the partnership, as the case
requires.
11F. Notification of Board in relation to licensed
manager
(1) If a person is appointed to be or to act as a licensed
25 manager of a bookmaker, the bookmaker shall advise
the Board within 7 days of the person so being
appointed.
(2) If a person ceases to be or to act as the licensed
manager of a bookmaker, the bookmaker shall advise
30 the Board within 7 days of the person so ceasing to be
or to act as its licensed manager.
Penalty applicable to subsections (1) and (2): $1 000.
page 22
Betting Legislation Amendment Bill 2001
Betting Control Act 1954 amended Part 2
s. 7
11G. Offences
(1) A person who in, or in relation to --
(a) any application or matter to be determined by
the Board, or by a steward in charge of a race
5 meeting or steward or other person under
section 12A; or
(b) any --
(i) statement of assets or liabilities;
(ii) notice or annual return;
10 (iii) return or other record; or
(iv) thing,
required, made, maintained, kept, delivered,
furnished or produced under or for the purposes
of this Act,
15 makes a statement that is false or misleading by reason
of the inclusion in the statement of false or misleading
matter or of the omission from the statement of any
matter that is required or may be material, or furnishes
or causes to be furnished any record or thing that is
20 false or is misleading in a material particular or which
makes any material omission, commits an offence.
Penalty: $5 000, or imprisonment for one year, or both.
(2) A person who, by an act intended to falsify or destroy
the record, alters or destroys any record to which
25 subsection (1) relates commits an offence.
Penalty: $5 000, or imprisonment for one year, or both.
(3) A person who, otherwise than in the course of a duty
under this Act, makes a record of, or divulges or
communicates to any person, information coming to
30 the knowledge of that person by reason of --
(a) a report to be made or made to the Board by the
Commissioner of Police under this Act; or
page 23
Betting Legislation Amendment Bill 2001
Part 2 Betting Control Act 1954 amended
s. 7
(b) this Act, in the course of the administration of
this Act,
commits an offence.
Penalty: $5 000.
5 (4) A person who carries on the business of bookmaking,
or any aspect of the business of a bookmaker,
otherwise than in accordance with --
(a) this Act;
(b) the terms and conditions of, and any
10 endorsement on, a licence; and
(c) the terms of, and conditions applicable to, a
permit issued under section 12, in so far as is
not inconsistent with this Act or that licence,
commits an offence.
15 Penalty: $5 000.
(5) Without limiting the matters which a court may take
into consideration when passing sentence in respect of
an offence committed under subsection (4), the court
may take into consideration when so passing sentence
20 any interstate offence of which the defendant has
previously been convicted.
(6) In subsection (5) --
"interstate offence" means offence under the law of
another State or of a Territory, which offence is
25 declared by the regulations to be an offence that
corresponds to an offence under subsection (4).
page 24
Betting Legislation Amendment Bill 2001
Betting Control Act 1954 amended Part 2
s. 7
11H. 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 --
5 (a) the offence was committed with the consent or
connivance of a person who occupies a position
of authority in the body corporate; or
(b) the person failed to exercise such due diligence
to prevent the commission of the offence as
10 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
15 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.
11I. Liability of natural person, partners, bodies
corporate and officers
20 (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
25 employee.
(2) If a manager, an employee or an agent of a bookmaker
that is a partnership or a body corporate commits an
offence against this Act related to the business of the
partnership or body corporate as a bookmaker --
30 (a) each of the partners; or
page 25
Betting Legislation Amendment Bill 2001
Part 2 Betting Control Act 1954 amended
s. 8
(b) the body corporate,
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,
5 employee or agent of the partnership or body corporate.
(3) If under subsection (2) a body corporate is treated as
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
10 liable to the penalty prescribed for the offence
committed by the manager, employee or agent of the
body corporate, unless the person proves that --
(a) the offence was committed without the person's
consent or connivance; and
15 (b) the person exercised all such due diligence to
prevent the commission of the offence as ought
to have been exercised having regard to the
nature of the person's functions and to all the
circumstances.
20 (4) If an employee of a bookmaker that is a partnership or
a body corporate commits an offence against this Act
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
25 prescribed for the offence committed by the employee.
".
8. Section 12 amended
(1) Section 12(1) is amended by inserting after "the employee" --
" , licensed manager ".
30 (2) Section 12(2) is amended by deleting "section 11" and inserting
instead --
" section 11A, 11B, 11C or 11D ".
page 26
Betting Legislation Amendment Bill 2001
Betting Control Act 1954 amended Part 2
s. 8
(3) Section 12(3)(a) and the word "or" after it are deleted and the
following paragraph is inserted instead --
"
(a) except as regards betting on sporting events as
5 authorized and approved under section 4B --
(i) during any day on which a race meeting
is conducted at the race course; or
(ii) on other days, at times approved by both
the Board and the committee or other
10 authority controlling the race course;
or
".
(4) After section 12(3) the following subsection is inserted --
"
15 (3a) No bookmaker shall bet or carry on business as such on
a race course under subsection (3) unless a steward or
other person appointed by the committee or other
authority controlling the race course is present at the
race course while that betting or business is carried on
20 to supervise the conduct of the betting or business.
".
(5) Section 12(4)(a) is amended by deleting "permit a bookmaker to
use a licensed employee, being an employee" and inserting
instead --
25 "
permit a bookmaker who is a natural person to
use a licensed manager or a licensed employee,
being a manager or employee
".
page 27
Betting Legislation Amendment Bill 2001
Part 2 Betting Control Act 1954 amended
s. 8
(6) After section 12(4) the following subsection is inserted --
"
(4a) The committee or other authority controlling a race
course may --
5 (a) permit a licensed manager who is carrying on
the business of a bookmaker that is a
partnership or a body corporate to use a
licensed employee, being an employee
specifically nominated to and approved by that
10 authority for that purpose --
(i) to act as a licensed manager of the
partnership or body corporate where the
manager is absent on account of
sickness, leave or other circumstances
15 acceptable to that authority;
(ii) as the agent of the partnership or body
corporate to operate a second stand, or
in another approved area, on behalf of
that partnership or body corporate at
20 that race course, either generally or on a
particular occasion, whether or not
subparagraph (i) applies;
(iii) as the agent of the partnership or body
corporate, to operate on behalf of that
25 partnership or body corporate at that
race course notwithstanding the absence
of the licensed manager, in the event of
there otherwise being, in the opinion of
that authority, insufficient bookmakers
30 to meet public demand; or
(iv) as the agent of the partnership or body
corporate, in circumstances approved by
the Board;
and
page 28
Betting Legislation Amendment Bill 2001
Betting Control Act 1954 amended Part 2
s. 9
(b) in respect of all or any of the types of betting
authorized by the licence, permit the carrying
on of business and the making of bets at that
race course by a licensed manager of the
5 bookmaker.
".
(7) Section 12(5) is amended as follows:
(a) in paragraph (c)(iii) by deleting "in the prescribed form"
and inserting instead --
10 " in a form approved by the Board ";
(b) in paragraph (d) by inserting after "on the part of a
bookmaker" --
" , licensed manager ";
(c) after paragraph (d) by deleting the full stop and inserting
15 the following --
"
;
(e) appoint a steward or other person to supervise a
bookmaker betting or carrying on business as
20 such on the race course under subsection (3).
".
9. Section 12A amended
(1) Section 12A(1) is amended by deleting "in the prescribed form"
and inserting instead --
25 " in a form approved by the Board ".
(2) After section 12A(1) the following subsection is inserted --
"
(1a) A bookmaker may apply in a form approved by the
Board to a steward or other person appointed under
30 section 12(5)(e) for a temporary bookmaker's
employee's licence to be granted to a person nominated
page 29
Betting Legislation Amendment Bill 2001
Part 2 Betting Control Act 1954 amended
s. 9
by the bookmaker in respect of a day on which a
bookmaker may bet or carry on business as such on the
race course under section 12(3).
".
5 (3) Section 12A(2) is amended as follows:
(a) by inserting after "A steward" --
" or other person ";
(b) by inserting after "subsection (1)" --
" or (1a) ";
10 (c) in paragraph (a), by inserting after "if that steward" --
" or other person ";
(d) in paragraph (a)(i), by deleting "his or her" and inserting
instead --
" the applicant's ";
15 (e) in paragraph (a)(i), by inserting after "race meeting" --
" or race course ";
(f) in paragraph (a), by inserting after "as that steward" --
" or other person ";
(g) by inserting after "that steward" in both places where
20 those words occur --
" or other person ";
(h) by deleting "in the prescribed form" and inserting
instead --
" in a form approved by the Board ".
25 (4) Section 12A(3) is amended by inserting after "a steward" --
" or other person ".
(5) Section 12A(4) is amended as follows:
(a) by inserting after "A steward" --
" or other person ";
page 30
Betting Legislation Amendment Bill 2001
Betting Control Act 1954 amended Part 2
s. 10
(b) by inserting after "the steward" --
" or other person ".
(6) Section 12A(5)(a) is amended by deleting "this section" and
inserting instead --
5 " subsection (1) ".
(7) After section 12A(5) the following subsection is inserted --
"
(5a) A steward or other person --
(a) who has granted one or more temporary
10 licences under subsection (1a); and
(b) who does not, within 3 days of the day in
respect of which the temporary licence was
granted, communicate to the Board such details
of the applications for those temporary licences,
15 and of the persons to whom those temporary
licences have been granted, as are prescribed,
commits an offence.
".
(8) Section 12A(8) is amended in the definition of "temporary
20 licence" by inserting after "subsection (1)" --
" or (1a) ".
10. Section 14 amended
(1) Section 14(1) is amended in the definition of "turnover" by
deleting "his or her" in both places where the words occur and
25 inserting instead --
" the bookmaker's ".
(2) Section 14(2)(a) is amended by deleting "his or her" and
inserting instead --
" the bookmaker's ".
page 31
Betting Legislation Amendment Bill 2001
Part 2 Betting Control Act 1954 amended
s. 11
(3) Section 14(3) is amended by deleting "his or her" and inserting
instead --
" the holder's ".
11. Section 15 amended
5 (1) Section 15(1) is amended as follows:
(a) by deleting "conducting a race meeting";
(b) by deleting "(whether in person, or as the agent of or
substitute for a bookmaker)" and inserting instead --
"
10 (whether in person, as the agent of or substitute for a
bookmaker, or as a licensed manager of a bookmaker)
";
(c) by deleting "at the meeting" and inserting instead --
" at the race course controlled by the club ".
15 (2) Section 15(2) is amended as follows:
(a) in paragraph (a) by deleting "meeting" and inserting
instead --
" race course ";
(b) by inserting after "the bookmaker in person," --
20 "
if a natural person, the licensed manager of a
bookmaker
".
(3) Section 15(3) is amended as follows:
25 (a) after paragraph (b), by deleting "and";
(b) after paragraph (b), by inserting the following --
"
(ba) each race held or to be held otherwise than at that
race course and on a day other than a day on
page 32
Betting Legislation Amendment Bill 2001
Betting Control Act 1954 amended Part 2
s. 12
which a race meeting is conducted at the race
course, at the conclusion of the race meeting in
respect of which the bet was made; and
";
5 (c) by inserting after "the bookmaker in person," --
"
if a natural person, the licensed manager of a
bookmaker
".
10 (4) Section 15(4) is amended as follows:
(a) by inserting after "The bookmaker in person," --
"
if a natural person, the licensed manager of a
bookmaker
15 ";
(b) by deleting "within 3 days of the race meeting if the race
meeting is one on which agencies of the Totalisator
Agency Board have been open for the acceptance of
investments thereon and within 7 days otherwise" and
20 inserting instead --
" within 7 days of the race meeting ";
(c) by deleting "in respect of a sporting event";
(d) by inserting after "section 4B(2)" --
" or 12(3)(a)(ii) ".
25 12. Section 16 amended
(1) Section 16(1) is amended by deleting "(whether in person or as
the agent of or substitute for the bookmaker)" and inserting
instead --
"
30 (whether in person, as the agent of or substitute for the
bookmaker, or as a licensed manager of a bookmaker)
".
page 33
Betting Legislation Amendment Bill 2001
Part 2 Betting Control Act 1954 amended
s. 13
(2) Section 16(2) is amended by inserting after "acting for the
bookmaker," --
" or the licensed manager of a bookmaker, ".
(3) Section 16(3)(b) is amended by inserting after "acting for the
5 bookmaker," --
" or the licensed manager of a bookmaker, ".
13. Section 16A amended
(1) Section 16A(1) is amended by inserting after "A bookmaker" --
"
10 or, in the case of a bookmaker which is a partnership or
body corporate, the licensed manager of the bookmaker
".
(2) Section 16A(2) is amended by inserting after "any licensed
employee" --
15 " or licensed manager ".
14. Section 17 amended
Section 17 is amended by inserting after "who is a
bookmaker" --
" , the licensed manager of the bookmaker, ".
20 15. Section 17B amended
(1) Section 17B(5) is amended by inserting after "The secretary" --
" or chief executive officer ".
(2) Section 17B(7)(b) is amended by inserting after "the
secretary" --
25 " or chief executive officer ".
page 34
Betting Legislation Amendment Bill 2001
Betting Control Act 1954 amended Part 2
s. 16
16. Section 18 amended
Section 18 is amended by inserting after "made by the
bookmaker" --
" , the licensed manager of the bookmaker, ".
5 17. Section 18A amended
Section 18A(1) is amended as follows:
(a) by deleting "in respect of a sporting event";
(b) by inserting after "section 4B(2)" --
" or 12(3)(a)(ii) ".
10 18. Section 18B amended
Section 18B(5) is amended by deleting "who".
19. Section 20 amended
(1) Section 20(1) is amended as follows:
(a) in paragraph (a), by inserting after "require a
15 bookmaker" --
" , the licensed manager of a bookmaker, ";
(b) in paragraph (a), by deleting "his or her" and inserting
instead --
" that person's ".
20 (2) Section 20(2) is amended as follows:
(a) by deleting "secretary of the Western Australian
Greyhound Racing Authority" and inserting instead --
"
chief executive officer of the Western Australian
25 Greyhound Racing Authority
";
page 35
Betting Legislation Amendment Bill 2001
Part 2 Betting Control Act 1954 amended
s. 20
(b) in paragraph (a), by inserting after "require a
bookmaker" --
" , the licensed manager of a bookmaker, ";
(c) in paragraph (a), by deleting "his or her" and inserting
5 instead --
" that person's ".
(3) Section 20(6) is amended by inserting after "A bookmaker" --
" , licensed manager ".
20. Section 21 amended
10 Section 21(1) is amended by inserting after "A bookmaker," --
" the licensed manager of a bookmaker ".
21. Section 22 amended
Section 22(1)(b) is amended by inserting after "the
employee" --
15 " or the licensed manager ".
22. Section 27 amended
Section 27 is amended as follows:
(a) after paragraph (b)(i) by deleting "or";
(b) after paragraph (b)(ii) by inserting --
20 "
or
(iii) a bookmaker is permitted by
section 12(3)(a) to bet or carry on
business as such at the race course;
25 ".
page 36
Betting Legislation Amendment Bill 2001
Betting Control Act 1954 amended Part 2
s. 23
23. Section 28A amended
Section 28A(1) is amended by deleting "of the Second
Schedule" and inserting instead --
" in Schedule 2 ".
5 24. Section 31 amended
Section 31(1) is amended as follows:
(a) in paragraph (a)(i), by inserting after "licensed
employee" --
" or licensed manager ";
10 (b) in paragraph (a)(ii), by deleting "an employee" and
inserting instead --
" a person ";
(c) in paragraph (a)(ii), by deleting "that employee" and
inserting instead --
15 " that person ";
(d) in paragraph (b), by inserting before "fail personally" --
"
in the case of a bookmaker who is a natural
person,
20 ".
25. Section 31A amended
Section 31A(2) is amended as follows:
(a) in paragraph (d)(iv), by deleting "his" and inserting
instead --
25 " that person's ";
(b) in paragraph (g), by inserting after "an act, admission or
statement of " --
" a licensed manager, ".
page 37
Betting Legislation Amendment Bill 2001
Part 2 Betting Control Act 1954 amended
s. 26
26. Section 32A amended
(1) Section 32A(1) is amended as follows:
(a) by deleting "may require" and inserting instead --
" shall give ";
5 (b) by inserting after "under this Act" --
" an opportunity ";
(c) by inserting after "should not be exercised" --
" in relation to that holder ".
(2) Section 32A(2) is amended as follows:
10 (a) by inserting after "Where the Board" --
"
, having given the person referred to in subsection (1)
an opportunity to show cause,
";
15 (b) in paragraph (b)(ii), by inserting after "licensed
employee" --
" or licensed manager ";
(c) after paragraph (c), by deleting "or";
(d) in paragraph (d) by deleting the comma and inserting
20 instead --
"
;
(e) in the case of a partnership, does not comply
with any one or more of the matters referred to
25 in section 11B(1) that must be satisfied if a
partnership is to continue to be eligible to be
licensed as a bookmaker; or
(f) in the case of a body corporate, does not
comply with any one or more of the matters
30 referred to in section 11C(1) that must be
page 38
Betting Legislation Amendment Bill 2001
Betting Control Act 1954 amended Part 2
s. 27
satisfied if a body corporate is to continue to be
eligible to be licensed as a bookmaker,
".
(3) Section 32A(6)(b) is amended by deleting "11(12) and (13)
5 apply" and inserting instead --
" 11E(3) and (4) apply ".
27. Section 33 amended
Section 33(1) is amended as follows:
(a) by inserting the following subparagraph after
10 paragraph (b)(ii) --
"
(iia) the licensing of a manager of a
bookmaker that is a body corporate or a
partnership;
15 ";
(b) in paragraph (b)(viii), by deleting "and employees" and
inserting instead --
" , employees and licensed managers ".
28. Second Schedule heading replaced
20 The heading to the Second Schedule is deleted and the
following heading is inserted instead --
"
Schedule 2 -- Form of warrant
[s. 28A]
25 ".
page 39
Betting Legislation Amendment Bill 2001
Part 2 Betting Control Act 1954 amended
s. 29
29. Schedule 3 inserted
After Schedule 2 the following Schedule is inserted --
"
Schedule 3 -- Requirements for licensing of a body
5 corporate and continuation of the licence of a
body corporate
[s. 11C(1)(a)]
1. The body corporate is to have a place of business or carry on
business within the State.
10 2. Proper and adequate provision is to be made for disclosure
to the Board of the affairs of the body corporate, on request
in writing by the Board to any director of the body
corporate.
3. The memorandum and articles of association of the body
15 corporate are to be acceptable to the Board and contain a
provision that the Board be notified of any intention to
amend the memorandum or articles and be furnished with a
copy of any proposed resolution or other form of proposal to
give effect to that intention.
20 4. The body corporate is not to trade under a name that has not
been approved by the Board.
5. The body corporate is not to be a trustee of a discretionary
trust.
".
page 40
Betting Legislation Amendment Bill 2001
Totalisator Agency Board Betting Act 1960 amended Part 3
s. 30
Part 3 -- Totalisator Agency Board Betting
Act 1960 amended
30. The Act amended in this Part
The amendments in this Part are to the Totalisator Agency
5 Board Betting Act 1960*.
[* Reprinted as at 2 December 1996.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 451, and Act No. 10 of 2001.]
31. Section 13 amended
10 Section 13(1) is amended by inserting after "then to any
member" --
" or the manager, secretary or other officer of the TAB ".
32. Section 56B inserted
After section 56A the following section is inserted --
15 "
56B. Immunity from certain claims
(1) No claim lies against the TAB, a member, or an officer,
employee or agent of the TAB in relation to a bet
(whether made before or after the commencement of
20 this section) that has been accepted by or on behalf of
the TAB otherwise than in accordance with a written
law.
(2) Subsection (1) does not apply to a claim --
(a) made before 6 February 1999; or
25 (b) made by the TAB against an agent of the TAB.
".
page 41
Betting Legislation Amendment Bill 2001
Part 3 Totalisator Agency Board Betting Act 1960 amended
s. 33
33. Validation of acts of manager
(1) In this section --
"Board" means the governing body of the TAB provided
for in section 6 of the Totalisator Agency Board
5 Betting Act 1960;
"manager" means the person appointed a manager under
section 16(1) of the Totalisator Agency Board Betting
Act 1960;
"relevant period" means the period commencing on the day on
10 which Part 2 of the Acts Amendment (Racing and Betting
Legislation) Act 1995 came into operation and ending on
the day on which section 31 of the Betting Legislation
Amendment Act 2001 comes into operation;
"the TAB" has the same meaning as in section 3 of the
15 Totalisator Agency Board Betting Act 1960.
(2) Anything done during the relevant period by the manager of the
TAB purportedly under a delegation of a function by the Board
to the manager under section 13(1) of the Totalisator Agency
Board Betting Act 1960 that would have been validly done had
20 section 31 of the Betting Legislation Amendment Act 2001 come
into operation before the relevant period is to be regarded as
having been validly done and to have always been done
effectually in all respects.
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