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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Gaming and Wagering Legislation Amendment
Bill 2018
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Betting Control Act 1954
amended
3. Act amended 3
4. Section 4 amended 3
5. Section 4B amended 4
6. Section 5 amended 4
7. Section 5A amended 5
8. Section 11F amended 5
9. Section 14A amended 5
10. Section 24 amended 6
11. Section 26C amended 7
12. Section 27A amended 7
13. Section 31 amended 9
14. Section 33 amended 9
15. Various penalties amended 9
Part 3 -- Gaming and Wagering
Commission Act 1987 amended
16. Act amended 11
17. Section 3 amended 11
18. Section 8 amended 12
19. Section 43A amended 12
20. Section 81 amended 12
93--2 page i
Gaming and Wagering Legislation Amendment Bill 2018
Contents
21. Part V Division 5A inserted 12
Division 5A -- Remote gambling devices
93A. Terms used 12
93B. Offences relating to remote gambling
devices 13
22. Section 101 amended 13
23. Section 107 amended 14
24. Section 109D amended 14
25. Various penalties amended 14
page ii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Gaming and Wagering Legislation Amendment
Bill 2018
A Bill for
An Act to amend the Betting Control Act 1954 and the Gaming and
Wagering Commission Act 1987.
The Parliament of Western Australia enacts as follows:
page 1
Gaming and Wagering Legislation Amendment Bill 2018
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Gaming and Wagering Legislation Amendment
4 Act 2018.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 -- on the day on which this Act receives the
8 Royal Assent;
9 (b) the rest of the Act -- on a day fixed by proclamation,
10 and different days may be fixed for different provisions.
page 2
Gaming and Wagering Legislation Amendment Bill 2018
Betting Control Act 1954 amended Part 2
s. 3
1 Part 2 -- Betting Control Act 1954 amended
2 3. Act amended
3 This Part amends the Betting Control Act 1954.
4 4. Section 4 amended
5 (1) In section 4(1) delete the definition of machine.
6 (2) In section 4(1) insert in alphabetical order:
7
8 contingency means a contingency relating to an event;
9 event means a race or other event, whether or not of a
10 sporting nature;
11 machine has the meaning given in the Gaming and
12 Wagering Commission Act 1987 section 3(1);
13 prohibited event or contingency means an event or
14 contingency, or an event or contingency of a class,
15 prescribed for the purposes of this definition;
16
17 (3) In section 4(1) in the definition of betting material
18 paragraph (a) delete "sporting" and insert:
19
20 other
21
22 (4) In section 4(1) in the definition of offshore betting operator
23 delete "races or sporting".
24 (5) In section 4(1) in the definition of to bet paragraph (a) delete
25 "race or any sporting".
page 3
Gaming and Wagering Legislation Amendment Bill 2018
Part 2 Betting Control Act 1954 amended
s. 5
1 (6) In section 4(1) in the definition of totalisator agency delete "a
2 race or sporting" and insert:
3
4 an
5
6 5. Section 4B amended
7 (1) In section 4B(1) delete "a sporting" and insert:
8
9 an
10
11 (2) Delete section 4B(2) and insert:
12
13 (2) The Commission may approve bookmaking on or in
14 relation to an event or a contingency, except a
15 prohibited event or contingency.
16
17 (3) In section 4B(5) delete "sporting events" and insert:
18
19 events other than races
20
21 Note: The heading to amended section 4B is to read:
22 Application of this Act to events
23 6. Section 5 amended
24 In section 5(1)(b) delete "a sporting" and insert:
25
26 an
27
page 4
Gaming and Wagering Legislation Amendment Bill 2018
Betting Control Act 1954 amended Part 2
s. 7
1 7. Section 5A amended
2 In section 5A:
3 (a) in paragraph (a) delete "event, including a sporting
4 event," and insert:
5
6 event
7
8 (b) in paragraph (b) delete "race or sporting".
9 8. Section 11F amended
10 (1) At the end of section 11F(1) insert:
11
12 Penalty for this subsection: a fine of $1 000.
13
14 (2) In section 11F(2) delete the Penalty and insert:
15
16 Penalty for this subsection: a fine of $1 000.
17
18 9. Section 14A amended
19 (1) In section 14A(1) delete the definitions of:
20 gross revenue
21 turnover
22 (2) In section 14A(1) insert in alphabetical order:
23
24 bet back means a bet placed with a domestic betting
25 operator, or the operator of a betting exchange, if the
26 bet is placed --
27 (a) for the purpose of reducing the liability of
28 another domestic betting operator; and
29 (b) by that other domestic betting operator;
page 5
Gaming and Wagering Legislation Amendment Bill 2018
Part 2 Betting Control Act 1954 amended
s. 10
1 gross revenue means --
2 (a) in relation to a domestic betting operator or
3 offshore betting operator -- the turnover of the
4 operator, less any dividends to customers by the
5 operator on racing bets;
6 (b) in relation to the operator of a betting
7 exchange -- the charges, commission,
8 consideration, earnings, fees, reward or other
9 remuneration (however described) payable to or
10 received by an operator in relation to racing
11 bets placed with, or placed and accepted
12 through, the operator;
13 turnover means --
14 (a) in relation to a domestic betting operator or
15 offshore betting operator -- the total amount of
16 racing bets placed with the operator, less the
17 amount of bet backs placed by the operator;
18 (b) in relation to a betting exchange -- the net
19 winnings of racing bets placed with the betting
20 exchange.
21
22 (3) In section 14A(2) in the Penalty delete "Penalty:" and insert:
23
24 Penalty for this subsection:
25
26 10. Section 24 amended
27 In section 24(2) in the definition of bets delete "race or
28 sporting".
page 6
Gaming and Wagering Legislation Amendment Bill 2018
Betting Control Act 1954 amended Part 2
s. 11
1 11. Section 26C amended
2 In section 26C(1) delete the Penalty and insert:
3
4 Penalty for this subsection:
5 (a) in the case of the licensee or manager, a fine
6 of $5 000;
7 (b) in the case of an employee or agent, a fine of
8 $2 000.
9
10 12. Section 27A amended
11 (1) In section 27A(1) delete the definitions of:
12 approved sporting event
13 offshore bet
14 (2) In section 27A(1) insert in alphabetical order:
15
16 interstate or offshore bet means a bet made --
17 (a) on an event or contingency outside the State;
18 and
19 (b) by telephone or electronically by means of the
20 internet, subscription television or any other
21 on-line communications system; and
22 (c) with a person who is outside the State
23 (including a person who is outside Australia);
24 permitted event or contingency means --
25 (a) an event or contingency approved under
26 section 4B(2); or
27 (b) an event or contingency, except a prohibited
28 event or contingency, on which betting is
29 permitted by the laws of another State or a
30 Territory.
31
page 7
Gaming and Wagering Legislation Amendment Bill 2018
Part 2 Betting Control Act 1954 amended
s. 12
1 (3) In section 27A(1) in the definition of authorised person
2 paragraph (b) delete "races or sporting".
3 (4) After section 27A(2) insert:
4
5 (2A) A person in this State who makes an interstate or
6 offshore bet on an event or contingency that is not a
7 permitted event or contingency commits an offence.
8 Penalty for this subsection: a fine of $2 500.
9 (2B) A person other than an authorised person who offers an
10 interstate or offshore bet in this State commits an
11 offence.
12 Penalty for this subsection: a fine of $5 000 and
13 imprisonment for 1 year.
14 (2C) A person who offers an interstate or offshore bet in this
15 State on an event or contingency that is not a permitted
16 event or contingency commits an offence.
17 Penalty for this subsection: a fine of $5 000 and
18 imprisonment for 1 year.
19
20 (5) In section 27A(3) delete "offshore" (each occurrence) and
21 insert:
22
23 interstate or offshore
24
25 (6) In section 27A(5) delete "races or sporting" (each occurrence).
26 Note: The heading to amended section 27A is to read:
27 Interstate and offshore betting
page 8
Gaming and Wagering Legislation Amendment Bill 2018
Betting Control Act 1954 amended Part 2
s. 13
1 13. Section 31 amended
2 Delete section 31(1)(h)(ii) and insert:
3
4 (ii) an event or contingency approved under
5 section 4B(2).
6
7 14. Section 33 amended
8 In section 33(1)(a) delete "sporting".
9 15. Various penalties amended
10 (1) In the provisions listed in the Table delete "Penalty:" and insert:
11
12 Penalty for this subsection: a fine of
13
14 Table
s. 4A(6) s. 11(6)
s. 11B(4) s. 11B(11)
s. 11B(13) s. 11B(14)
s. 11C(2) s. 11C(9)
s. 11C(12) s. 11C(13)
s. 11E(5) s. 11G(1)
s. 11G(2) s. 11G(3)
s. 11G(4) s. 20A(2)
s. 20B(6) s. 22(1)
page 9
Gaming and Wagering Legislation Amendment Bill 2018
Part 2 Betting Control Act 1954 amended
s. 15
s. 22(2) s. 23(1)
s. 23(2) s. 24(1)
s. 25(3) s. 26A(3)
s. 26C(5) s. 27A(2)
s. 27A(3) s. 28G(1)
1 (2) In the provisions listed in the Table delete "Penalty:" and insert:
2
3 Penalty for this subsection:
4
5 Table
s. 27D(2A) s. 27E(2)
6 (3) In the provisions listed in the Table delete "Penalty:" and insert:
7
8 Penalty: a fine of
9
10 Table
s. 22A s. 26
s. 26B s. 27
s. 28C s. 28D
s. 28E s. 29
11
page 10
Gaming and Wagering Legislation Amendment Bill 2018
Gaming and Wagering Commission Act 1987 amended Part 3
s. 16
1 Part 3 -- Gaming and Wagering Commission Act 1987
2 amended
3 16. Act amended
4 This Part amends the Gaming and Wagering Commission
5 Act 1987.
6 17. Section 3 amended
7 (1) In section 3(1) insert in alphabetical order:
8
9 event has the meaning given in the Betting Control
10 Act 1954 section 4(1);
11 telecommunication device means --
12 (a) a computer adapted for communicating by way
13 of the Internet or another communications
14 network; or
15 (b) a television receiver adapted to allow the
16 viewer to transmit information by way of a
17 cable television network or another
18 communications network; or
19 (c) a telephone; or
20 (d) any other electronic device or thing for
21 communicating at a distance;
22
23 (2) In section 3(1) in the definition of machine delete "any" and
24 insert:
25
26 a telecommunications device and any other
27
page 11
Gaming and Wagering Legislation Amendment Bill 2018
Part 3 Gaming and Wagering Commission Act 1987 amended
s. 18
1 18. Section 8 amended
2 After section 8(2)(c)(iii) insert:
3
4 (iiia) the advertising of live odds during
5 events, whether generally or by specific
6 classes of persons or in a specified
7 manner or place; and
8
9 19. Section 43A amended
10 In section 43A(3)(da) delete "races or sporting events; or" and
11 insert:
12
13 events; or
14
15 20. Section 81 amended
16 Delete section 81(3).
17 21. Part V Division 5A inserted
18 After Part V Division 5 insert:
19
20 Division 5A -- Remote gambling devices
21 93A. Terms used
22 In this Division --
23 public premises means premises in a public place,
24 except --
25 (a) premises comprising a totalisator agency as
26 defined in the Racing and Wagering Western
27 Australia Act 2003 section 3(1); or
page 12
Gaming and Wagering Legislation Amendment Bill 2018
Gaming and Wagering Commission Act 1987 amended Part 3
s. 22
1 (b) premises established by the Commission as
2 defined in the Lotteries Commission Act 1990
3 section 3(1) for or in connection with the
4 performance of the Commission's functions
5 under that Act; or
6 (c) prescribed premises or a prescribed class of
7 premises;
8 remote gambling device means a telecommunications
9 device that is primarily or exclusively built to transmit
10 a bet on an event or contingency.
11 93B. Offences relating to remote gambling devices
12 (1) A person who places a remote gambling device on
13 public premises commits an offence.
14 Penalty for this subsection: a fine of $20 000.
15 (2) A person who uses a remote gambling device on public
16 premises commits an offence.
17 Penalty for this subsection: a fine of $20 000.
18 (3) An owner or occupier of public premises commits an
19 offence if the owner or occupier permits a remote
20 gambling device to be placed or used on the premises.
21 Penalty for this subsection: a fine of $20 000.
22
23 22. Section 101 amended
24 In section 101(1) in the definition of foreign lottery delete "the
25 State," and insert:
26
27 Australia,
28
page 13
Gaming and Wagering Legislation Amendment Bill 2018
Part 3 Gaming and Wagering Commission Act 1987 amended
s. 23
1 23. Section 107 amended
2 In section 107(1) delete "sporting".
3 24. Section 109D amended
4 In section 109D(3)(b) delete "Burswood Nominees Pty Ltd;
5 and" and insert:
6
7 the casino licensee as defined in the Casino Control Act 1984
8 section 3(1); and
9
10 25. Various penalties amended
11 (1) In the provisions listed in the Table delete "Penalty:" and insert:
12
13 Penalty for this subsection: a fine of
14
15 Table
s. 20(3) s. 22(5)
s. 29(1) s. 29(2)
s. 41(3) s. 41(6)
s. 42(4) s. 42(5)
s. 43A(2) s. 43A(3)
s. 44(1) s. 45(1)
s. 45(2) s. 45(3)
s. 45(4) s. 57(3)
s. 58(4) s. 85(4)
page 14
Gaming and Wagering Legislation Amendment Bill 2018
Gaming and Wagering Commission Act 1987 amended Part 3
s. 25
s. 88(3) s. 89(2)
s. 91(1) s. 91(4)
s. 95(4) s. 96(3)
s. 97(3) s. 104(4)
s. 104(5) s. 104C(4)
s. 104E(1) s. 104E(2)
s. 104E(3) s. 104F(1)
s. 104F(4) s. 104L(1)
s. 104L(2) s. 104L(3)
s. 104M(1) s. 104M(2)
s. 104M(3) s. 106(1)
s. 106(2) s. 108(4)
s. 109H(2)
1 (2) In the provisions listed in the Table delete "Penalty:" and insert:
2
3 Penalty: a fine of
4
5 Table
s. 86 s. 93
s. 98
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