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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Racing and Wagering Legislation Amendment
Bill 2009
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Betting Control Act 1954
amended
3. Act amended 3
4. Long title amended 3
5. Section 4 amended 3
6. Sections 14A and 14B inserted 4
14A. Betting operators' liability to lodge returns
and to pay racing bets levy 4
14B. Transitional 6
7. Section 15 amended 6
8. Section 16 amended 7
9. Section 23 amended 7
10. Section 24 amended 7
11. Section 27A amended 8
12. Sections 27B and 27C deleted 8
13. Section 27D amended 8
14. Sections 27E and 27F replaced 10
27E. Confidentiality 10
27F. Authorisation of publication of WA race
fields by domestic betting operators 12
15. Section 28A amended 13
16. Section 28B amended 13
17. Section 28G amended 13
076--1 page i
Racing and Wagering Legislation Amendment Bill 2009
Contents
Part 3 -- Gaming and Wagering
Commission Act 1987 amended
18. Act amended 15
19. Section 43A amended 15
20. Section 110B inserted 15
110B. Racing Bets Levy Account 15
21. Section 117 amended 17
Part 4 -- Racing and Wagering
Western Australia Act 2003
amended
22. Act amended 18
23. Section 30 amended 18
24. Section 59 amended 18
25. Section 61 amended 18
26. Section 68 amended 18
27. Section 77 amended 19
28. Section 107A inserted 19
107A. Distribution of funds from the racing bets
levy 19
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Racing and Wagering Legislation Amendment
Bill 2009
A Bill for
An Act to amend --
• the Betting Control Act 1954; and
• the Gaming and Wagering Commission Act 1987; and
• the Racing and Wagering Western Australia Act 2003,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Racing and Wagering Legislation Amendment Bill 2009
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Racing and Wagering Legislation Amendment
4 Act 2009.
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
Racing and Wagering Legislation Amendment Bill 2009
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. Long title amended
5 In the long title:
6 (a) delete "bookmakers" and insert:
7
8 bookmakers, other betting operators
9
10 (b) delete "to prohibit betting through, and the
11 establishment and operation of, betting exchanges;".
12 5. Section 4 amended
13 (1) In section 4(1) insert in alphabetical order:
14
15 approval means an approval under section 27D(2);
16 authorisation means an authorisation under
17 section 27F that has effect;
18 domestic betting operator means a person who in this
19 State or another State or a Territory is authorised under
20 a law of that State or Territory to engage in or conduct
21 the business of betting on races;
22 offshore betting operator means a person who is
23 authorised under the law of a jurisdiction outside
24 Australia to engage in or conduct the business of
25 betting on races or sporting events;
page 3
Racing and Wagering Legislation Amendment Bill 2009
Part 2 Betting Control Act 1954 amended
s. 6
1 WA race field means information that identifies, or is
2 capable of identifying, the names or numbers of the
3 horses or greyhounds --
4 (a) that have been nominated for, or that will
5 otherwise take part in, an intended race to be
6 conducted in this State; or
7 (b) that have been scratched or withdrawn from an
8 intended race to be conducted in this State.
9
10 (2) In section 4(1) in the definition of totalisator agency delete
11 "with RWWA." and insert:
12
13 with RWWA;
14
15 6. Sections 14A and 14B inserted
16 At the beginning of Part 3 insert:
17
18 14A. Betting operators' liability to lodge returns and to
19 pay racing bets levy
20 (1) In this section --
21 betting operator means --
22 (a) a domestic betting operator; or
23 (b) an offshore betting operator; or
24 (c) the operator of a betting exchange;
25 gross revenue means charges, commission,
26 consideration, earnings, fees, reward or other
27 remuneration (however described) payable to or
28 received by a betting operator in relation to racing bets
29 placed with, or placed and accepted through, the
30 operator;
page 4
Racing and Wagering Legislation Amendment Bill 2009
Betting Control Act 1954 amended Part 2
s. 6
1 racing bet means a bet placed with, or placed or
2 accepted through, the betting operator that is --
3 (a) placed with a domestic betting operator or an
4 offshore betting operator; or
5 (b) of the type referred to in paragraph (a) or (b) of
6 the definition of betting exchange in
7 section 4AA,
8 on a horse or greyhound race conducted in Western
9 Australia;
10 turnover means the total amount of racing bets and
11 includes bet backs placed on the backers side of the
12 bets by one bookmaker with another bookmaker solely
13 for the purpose of lowering the risk incurred by the
14 bookmaker on bets already accepted from a customer.
15 (2) In respect of racing bets placed with, or placed or
16 accepted through, a betting operator on or after
17 1 September 2008, the betting operator must --
18 (a) within the period prescribed, lodge with the
19 Commission a return in the form approved by
20 the Commission in writing; and
21 (b) at the time of lodging each return required by
22 paragraph (a), pay to the Commission the
23 racing bets levy on the whole of the gross
24 revenue or turnover, as the case may be, of the
25 betting operator at the rate imposed by the
26 Racing Bets Levy Act 2009.
27 Penalty:
28 (a) a fine of $10 000;
29 (b) for each separate and further offence
30 committed by the person under the
31 Interpretation Act 1984 section 71, a fine of
32 $1 000.
page 5
Racing and Wagering Legislation Amendment Bill 2009
Part 2 Betting Control Act 1954 amended
s. 7
1 (3) Section 18B(2) to (6) apply as if a reference in those
2 provisions --
3 (a) to the bookmaker's betting levy were a
4 reference to the racing bets levy; and
5 (b) to a bookmaker were a reference to a betting
6 operator.
7 (4) An amount that is payable by a person to the
8 Commission under this section but is not paid may be
9 recovered from that person as a debt due to the
10 Commission in any court of competent jurisdiction.
11 14B. Transitional
12 If a bookmaker has paid an amount of levy under
13 section 14(2)(b) in relation to a racing bet (as defined
14 in section 14A(1)) placed with the bookmaker in the
15 period beginning on 1 September 2008 and ending on
16 the day on which this Act receives the Royal Assent,
17 that amount is to be credited against any amount that
18 the bookmaker is liable to pay under section 14A(2)(b).
19
20 7. Section 15 amended
21 In section 15(5)(a):
22 (a) in subparagraph (ii) delete "applies; or" and insert:
23
24 applies,
25
26 (b) delete subparagraph (iii).
page 6
Racing and Wagering Legislation Amendment Bill 2009
Betting Control Act 1954 amended Part 2
s. 8
1 8. Section 16 amended
2 In section 16(3a)(a):
3 (a) in subparagraph (ii) delete "applies; or" and insert:
4
5 applies,
6
7 (b) delete subparagraph (iii).
8 9. Section 23 amended
9 In section 23(1):
10 (a) in paragraph (a) delete "in a place; or" and insert:
11
12 in a place in this State; or
13
14 (b) in paragraph (b) after "public place" insert:
15
16 in this State
17
18 10. Section 24 amended
19 (1) In section 24(1) delete "at any place," and insert:
20
21 at any place in this State,
22
23 (2) Delete section 24(1aa).
24 (3) In section 24(1a) delete "subsection (1) or (1aa)," and insert:
25
26 subsection (1),
27
page 7
Racing and Wagering Legislation Amendment Bill 2009
Part 2 Betting Control Act 1954 amended
s. 11
1 (4) In section 24(2) delete the definition of interstate offence and
2 insert:
3
4 interstate offence means an offence under the law of
5 another State or a Territory, which offence is declared
6 by the regulations to be an offence that corresponds to
7 an offence under that subsection.
8
9 11. Section 27A amended
10 (1) In section 27A(1) in the definition of offshore bet paragraph (c)
11 delete "outside Australia);" and insert:
12
13 outside Australia).
14
15 (2) In section 27A(1) delete the definition of offshore betting
16 operator.
17 12. Sections 27B and 27C deleted
18 Delete sections 27B and 27C.
19 13. Section 27D amended
20 (1) Delete section 27D(1) and insert:
21
22 (1) Section 27D applies to --
23 (a) a person who in this State or elsewhere --
24 (i) carries on the business or vocation of, or
25 acts as, a bookmaker; or
26 (ii) conducts betting by the operation of a
27 totalisator; or
28 (iii) operates a betting exchange (however
29 described); or
page 8
Racing and Wagering Legislation Amendment Bill 2009
Betting Control Act 1954 amended Part 2
s. 13
1 (iv) gains or endeavours to gain a livelihood
2 wholly or partly by making bets;
3 or
4 (b) a person who is an employee or agent of a
5 person referred to in paragraph (a).
6 (2A) A person to whom this section applies who, in this
7 State or elsewhere, publishes or otherwise makes
8 available a WA race field in the course of business
9 commits an offence unless the person --
10 (a) is a domestic betting operator who --
11 (i) is authorised to do so by an
12 authorisation; and
13 (ii) complies with any condition that is
14 prescribed by the regulations for the
15 purposes of section 27F(1);
16 or
17 (b) is an offshore betting operator who --
18 (i) is authorised to do so by an approval;
19 and
20 (ii) complies with any condition to which
21 the approval is subject.
22 Penalty: a fine of $5 000.
23
24 (2) In section 27D(2):
25 (a) delete "a person" and insert:
26
27 an offshore betting operator
28
29 (b) delete "Minister" and insert:
30
31 Commission
32
page 9
Racing and Wagering Legislation Amendment Bill 2009
Part 2 Betting Control Act 1954 amended
s. 14
1 (c) delete "the person" and insert:
2
3 the operator
4
5 (3) After section 27D(3) insert:
6
7 (4A) An approval is subject to the following conditions --
8 (a) that the holder of the approval provide the
9 Commission or an officer of RWWA approved
10 in writing by the Commission with prescribed
11 information and access in a prescribed manner;
12 (b) that the holder of the approval comply with
13 prescribed conditions for cooperating with
14 authorised officers of the Commission and the
15 Chief Steward of RWWA relating to the
16 preservation of the integrity and reputation of
17 racing in the State.
18
19 (4) In section 27D(4), (5), (6) and (7) delete "Minister" (each
20 occurrence) and insert:
21
22 Commission
23
24 14. Sections 27E and 27F replaced
25 Delete sections 27E and 27F and insert:
26
27 27E. Confidentiality
28 (1) This section applies to the following --
29 (a) a member of the Commission;
30 (b) an officer or employee who provides or has
31 provided services to the Commission under the
page 10
Racing and Wagering Legislation Amendment Bill 2009
Betting Control Act 1954 amended Part 2
s. 14
1 Gaming and Wagering Commission Act 1987
2 section 18(1);
3 (c) a consultant who is or has been engaged by the
4 Commission under the Gaming and Wagering
5 Commission Act 1987 section 18(3);
6 (d) an officer or former officer of RWWA who is
7 or has been approved in writing by the
8 Commission under section 27D(4A)(a)
9 or 27F(2)(a) (an approved officer).
10 (2) A person to whom this section applies must not,
11 directly or indirectly, record, disclose or make use of
12 any information provided to the Commission or an
13 approved officer under section 27D(4A)(a)
14 or 27F(2)(a) except --
15 (a) for the purpose of performing functions under
16 this Act or another written law; or
17 (b) in the case of an approved officer, the
18 disclosure of information relating to the
19 preservation of the integrity and reputation of
20 racing in the State to the Integrity Assurance
21 Committee established under the Racing and
22 Wagering Western Australia Act 2003
23 section 47(1); or
24 (c) as required under another written law; or
25 (d) with the written consent of the person to whom
26 the information relates; or
27 (e) in other prescribed circumstances.
28 Penalty: a fine of $10 000 or imprisonment for
29 12 months.
30 (3) Subsection (2) does not apply to the extent to which the
31 information disclosed is summary or statistical
32 information that could not reasonably be expected to
33 enable particulars relating to any person to be
34 ascertained.
page 11
Racing and Wagering Legislation Amendment Bill 2009
Part 2 Betting Control Act 1954 amended
s. 14
1 27F. Authorisation of publication of WA race fields by
2 domestic betting operators
3 (1) Subject to this section and compliance with any
4 condition that is prescribed by the regulations for the
5 purposes of this subsection, a domestic betting operator
6 is in this State and elsewhere authorised to publish or
7 otherwise make available a WA race field.
8 (2) An authorisation is subject to the following
9 conditions --
10 (a) that the domestic betting operator provide the
11 Commission or an officer of RWWA approved
12 in writing by the Commission with prescribed
13 information and access in a prescribed manner;
14 (b) that the domestic betting operator comply with
15 prescribed conditions for cooperating with
16 authorised officers of the Commission and the
17 Chief Steward of RWWA relating to the
18 preservation of the integrity and reputation of
19 racing in the State.
20 (3) The Commission may, by notice in writing --
21 (a) cancel the authorisation of a domestic betting
22 operator; or
23 (b) suspend the authorisation of a domestic betting
24 operator for a period specified in the notice.
25 (4) Before deciding to cancel or suspend the authorisation
26 of a domestic betting operator, the Commission is to
27 have regard to the prescribed criteria relating to a
28 domestic betting operator.
29 (5) If the Commission has reason to cancel or suspend the
30 authorisation of a domestic betting operator, it is not to
31 do so without giving the operator an opportunity to
32 show cause why the authorisation should not be
33 cancelled or suspended.
page 12
Racing and Wagering Legislation Amendment Bill 2009
Betting Control Act 1954 amended Part 2
s. 15
1 (6) If the Commission decides to cancel or suspend the
2 authorisation of a domestic betting operator, the
3 Commission is to give notice in writing of the decision
4 and the reasons for the decision to the operator.
5 (7) If an authorisation of a domestic betting operator is
6 cancelled, the operator may apply in a form approved
7 by the Commission, after the date specified by the
8 Commission in the notice given under subsection (6),
9 for restoration of the authorisation.
10 (8) An application under subsection (7) is to be
11 accompanied by the prescribed fee (if any).
12
13 15. Section 28A amended
14 In section 28A(3) delete "27, 27A or 27B." and insert:
15
16 27 or 27A.
17
18 16. Section 28B amended
19 In section 28B delete "27, 27A or 27B --" and insert:
20
21 27 or 27A --
22
23 17. Section 28G amended
24 (1) In section 28G delete "Any manager," and insert:
25
26 (1) Any manager,
27
page 13
Racing and Wagering Legislation Amendment Bill 2009
Part 2 Betting Control Act 1954 amended
s. 17
1 (2) At the end of section 28G insert:
2
3 (2) Subsection (1) does not apply to a bet received after the
4 start of a sporting event but before the end of that event
5 if --
6 (a) the event has been, or is of a class of event that
7 has been, approved in writing by the
8 Commission for the purpose of this subsection;
9 or
10 (b) the bet is received in the course of the
11 participation by RWWA in --
12 (i) a combined totalisator pool scheme
13 under the Racing and Wagering
14 Western Australia Act 2003 section 59;
15 or
16 (ii) a jointly operated fixed odds wagering
17 system under the Racing and Wagering
18 Western Australia Act 2003 section 61.
19
page 14
Racing and Wagering Legislation Amendment Bill 2009
Gaming and Wagering Commission Act 1987 amended Part 3
s. 18
1 Part 3 -- Gaming and Wagering Commission
2 Act 1987 amended
3 18. Act amended
4 This Part amends the Gaming and Wagering Commission
5 Act 1987.
6 19. Section 43A amended
7 In section 43A(3):
8 (a) before paragraph (d) insert:
9
10 (da) a person who in another State or a Territory is
11 authorised under a law of the State or Territory
12 to engage in or conduct the business of betting
13 on races or sporting events; or
14
15 (b) after each of paragraphs (a) and (b) insert:
16
17 or
18
19 20. Section 110B inserted
20 After section 110A insert:
21
22 110B. Racing Bets Levy Account
23 (1) An account called the Racing Bets Levy Account is to
24 be established --
25 (a) as an agency special purpose account under the
26 Financial Management Act 2006 section 16; or
page 15
Racing and Wagering Legislation Amendment Bill 2009
Part 3 Gaming and Wagering Commission Act 1987 amended
s. 20
1 (b) with the approval of the Treasurer, at a bank as
2 defined in section 3 of that Act,
3 to which the Commission must credit moneys paid to
4 or recovered by the Commission under the Betting
5 Control Act 1954 section 14A.
6 (2) The Racing Bets Levy Account is to be administered
7 by the Commission.
8 (3) The Racing Bets Levy Account is to be applied for the
9 purpose of the payment of the outgoings and expenses
10 referred to in subsection (4)(a).
11 (4) The Commission is to --
12 (a) withdraw from the Racing Bets Levy Account,
13 at monthly intervals, a sum approved by the
14 Minister for outgoings and expenses incurred
15 by the Commission in administering the
16 Account; and
17 (b) pay or credit, at prescribed intervals, the
18 balance of that Account in accordance with this
19 section.
20 (5) The balance of the Racing Bets Levy Account is to be
21 paid or credited to RWWA or paid or credited by the
22 Commission, in such amounts as it determines, to the
23 following --
24 (a) thoroughbred racing clubs registered with
25 RWWA;
26 (b) harness racing clubs registered with RWWA;
27 (c) greyhound racing clubs registered with
28 RWWA.
29
page 16
Racing and Wagering Legislation Amendment Bill 2009
Gaming and Wagering Commission Act 1987 amended Part 3
s. 21
1 21. Section 117 amended
2 In section 117:
3 (a) in paragraph (d) delete "Commission." and insert:
4
5 Commission; and
6
7 (b) after paragraph (d) insert:
8
9 (e) for regulating (including prohibiting
10 advertisements of a type that are not in the
11 public interest) the content of advertisements
12 that convey, or are likely to be understood as
13 conveying, the existence (in this State or
14 elsewhere) of --
15 (i) a person referred to in section 43A(3)(a)
16 to (da); or
17 (ii) a person or class of person prescribed
18 under section 43A(3)(d).
19
20 (c) after each of paragraphs (a) and (b) insert:
21
22 and
23
page 17
Racing and Wagering Legislation Amendment Bill 2009
Part 4 Racing and Wagering Western Australia Act 2003 amended
s. 22
1 Part 4 -- Racing and Wagering Western Australia
2 Act 2003 amended
3 22. Act amended
4 This Part amends the Racing and Wagering Western Australia
5 Act 2003.
6 23. Section 30 amended
7 Delete section 30(2)(ba) and "and" after it.
8 24. Section 59 amended
9 In section 59(3) delete "contractual arrangement entered into
10 with that person." and insert:
11
12 contractual arrangement.
13
14 25. Section 61 amended
15 In section 61(3) delete "contractual arrangement entered into
16 with that person." and insert:
17
18 contractual arrangement.
19
20 26. Section 68 amended
21 After section 68(2) insert:
22
23 (3) A strategic development plan must set out the
24 proportions in which funds will be distributed under
25 section 107A(2).
26
page 18
Racing and Wagering Legislation Amendment Bill 2009
Racing and Wagering Western Australia Act 2003 amended Part 4
s. 27
1 27. Section 77 amended
2 In section 77(2):
3 (a) after paragraph (c) insert:
4
5 (da) the proportions in which funds will be
6 distributed under section 107A(2); and
7
8 (b) in paragraph (g) delete "half-yearly and annual reports;
9 and" and insert:
10
11 annual report; and
12
13 (c) after each of paragraphs (a), (b), (c), (d), (e) and
14 (f) insert:
15
16 and
17
18 28. Section 107A inserted
19 After section 106 insert:
20
21 107A. Distribution of funds from the racing bets levy
22 (1) If RWWA receives moneys from the Commission
23 under the Gaming and Wagering Commission Act 1987
24 section 110B(5), RWWA is to credit those moneys to
25 an account (the racing bets levy account) maintained
26 under section 88 for the sole purpose of dealing with
27 those moneys under this section.
page 19
Racing and Wagering Legislation Amendment Bill 2009
Part 4 Racing and Wagering Western Australia Act 2003 amended
s. 28
1 (2) The funds in the racing bets levy account are to be paid
2 or credited by RWWA, in such amounts as it
3 determines, to --
4 (a) thoroughbred racing clubs registered
5 with RWWA; and
6 (b) harness racing clubs registered with RWWA;
7 and
8 (c) greyhound racing clubs registered
9 with RWWA.
10
11
page 20
Racing and Wagering Legislation Amendment Bill 2009
Racing and Wagering Western Australia Act 2003 amended Part 4
s. 28
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