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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Totalisator Agency Board Betting (Modification
of Operation) Bill 2000
CONTENTS
1. Short title 1
2. Commencement 2
3. Modification of Act 2
4. Section 3 amended 2
5. Section 27B amended 2
6. Section 28 amended 3
7. Transitional 6
8. Expiry of this Act 7
page i
28--2
Western Australia
LEGISLATIVE COUNCIL
(As amended in Committee)
Totalisator Agency Board Betting (Modification
of Operation) Bill 2000
A Bill for
An Act to provide that the Totalisator Agency Board Betting Act 1960
has a modified operation until 31 July 2002, and for related
purposes.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Totalisator Agency Board Betting
(Modification of Operation) Act 2000.
page 1
Totalisator Agency Board Betting (Modification of Operation) Bill 2000
s. 2
2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
3. Modification of Act
5 The Totalisator Agency Board Betting Act 1960* is to be read as
if it were amended as set out in this Act.
[* Reprinted as at 2 December 1996.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, pp.251-2.]
10 4. Section 3 amended
Section 3 is amended by inserting the following definition in the
appropriate alphabetical position --
"
"Metropolitan Area" means the part of the State that
15 comprises the region described in the Third
Schedule to the Metropolitan Region Town
Planning Scheme Act 1959;
".
5. Section 27B amended
20 (1) Section 27B is amended as follows:
(a) by inserting before "The TAB" the subsection
designation "(1)";
(b) by deleting paragraphs (f), (g) and (h) and inserting the
following paragraphs instead --
25 "
(f) in the case of money generated from horse or
greyhound races -- to one or more of the
following, if and as directed by the Minister in
writing --
30 (i) the Club;
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Totalisator Agency Board Betting (Modification of Operation) Bill 2000
s. 6
(ii) the Association;
(iii) the Fremantle Trotting Club;
(iv) WAGRA; or
(v) the racing clubs registered with the Club
5 or the Association and conducting races
outside the Metropolitan Area;
(g) in the case of money generated from betting on
events (including sporting events referred to in
section 24) and unclaimed winnings and
10 refunds under section 24C(c) -- into the TAB
Sports Betting Account.
".
(2) At the end of section 27B the following subsections are
inserted --
15 "
(2) Money paid because of a direction under
subsection (1)(f) can only be used for a purpose
prescribed in the regulations.
(3) In a direction given under subsection (1)(f), the
20 Minister --
(a) is to set out the amount or each amount that is
to be paid and to whom it is to be paid;
(b) is to set out the manner in which the amount or
each amount is to be paid; and
25 (c) may determine what conditions are to be
imposed on the payment and use of the amount
or each amount.
".
6. Section 28 amended
30 (1) Section 28(1) is amended as follows:
(a) in paragraph (d) by deleting the semicolon and inserting
instead a comma;
page 3
Totalisator Agency Board Betting (Modification of Operation) Bill 2000
s. 6
(b) by deleting paragraph (e).
(2) Section 28(2) and (3) are repealed and the following subsections
are inserted instead --
"
5 (2) Each time an amount is paid from the balance referred
to in subsection (1), the TAB must pay --
(a) the Club -- 55.26% of that amount;
(b) the Association -- 29.76% of that amount; and
(c) WAGRA -- 14.98% of that amount.
10 (3) For each racing year commencing on or after
1 August 2000, the TAB must --
(a) if the total balance payable under subsection (1)
for the racing year is less than or equal to the
prescribed maximum -- pay all of those funds
15 under subsection (2); and
(b) if the total balance payable under subsection (1)
for the racing year is greater than the prescribed
maximum -- pay the prescribed maximum of
those funds under subsection (2) and the
20 remainder of those funds to one or more of the
following, if and as directed by the Minister in
writing --
(i) the Club;
(ii) the Association;
25 (iii) the Fremantle Trotting Club;
(iv) WAGRA; or
(v) the racing clubs registered with the Club
or the Association and conducting races
outside the Metropolitan Area.
30 (3a) In subsection (3) --
"prescribed maximum" means $50 000 000, or such
greater amount as is prescribed;
page 4
Totalisator Agency Board Betting (Modification of Operation) Bill 2000
s. 6
"total balance payable under subsection (1)" means
the total of the funds payable under subsection (1)
(after making the payments required by
subsection (1)(a), (b), (c) and (d)).
5 ".
(3) Section 28(4) and (5) are amended by deleting "or
section 27B(1)(f)".
(4) Section 28(5) is amended by deleting "pursuant to
subsection (3)" and inserting instead --
10 " pursuant to subsection (2) ".
(5) Section 28(6) is repealed and the following subsections are
inserted instead --
"
(6) Money paid because of a direction under
15 subsection (3)(b) can only be used for a purpose
prescribed in the regulations.
(6a) In a direction given under subsection (3)(b), the
Minister --
(a) is to set out the amount or each amount that is
20 to be paid and to whom it is to be paid;
(b) is to set out the manner in which the amount or
each amount is to be paid; and
(c) may determine what conditions are to be
imposed on the payment and use of the amount
25 or each amount.
".
(6) Section 28(7) is amended by deleting "this section" and
inserting instead --
" subsection (2) ".
page 5
Totalisator Agency Board Betting (Modification of Operation) Bill 2000
s. 7
(7) After section 28(7) the following subsection is inserted --
"
(8) If an amount that is paid into a reserve account under
subsection (1)(d) is withdrawn for a purpose other than
5 a purpose set out in paragraphs (b) to (f) of
section 26(1) that amount --
(a) is to be paid under subsection (2); and
(b) is, for the purposes of subsection (3) and for the
racing year in which it is paid, taken to be part
10 of the total balance payable under
subsection (1) for the racing year.
".
7. Transitional
(1) Despite subsections (1), (2), (3) and (3a) of section 28 of the
15 principal Act as in force at any time during the racing year
commencing on 1 August 2000, the TAB must, after the
commencement of this Act, make payments to the Club, the
Association or WAGRA of amounts (including nil amounts)
calculated so as to produce, by 31 July 2001, the distribution of
20 funds that would have resulted under those subsections (apart
from directions made under section 28(3)(b) of the principal
Act) had this Act commenced on 1 August 2000.
(2) For the purposes of giving effect to subsection (1), the TAB --
(a) may use funds paid into the reserve accounts referred to
25 in section 28(1)(d) of the principal Act; but
(b) may not require a refund of an amount paid under
section 28(1)(e), (2) or (3) of the principal Act as in
force before the commencement of this Act.
(3) During the period ending immediately before 1 August 2001,
30 regulations made under the principal Act may require the TAB
to use a specified amount of the funds paid into the reserve
page 6
Totalisator Agency Board Betting (Modification of Operation) Bill 2000
s. 8
accounts referred to in section 28(1)(d) of the principal Act to
make payments to one or more of --
(a) the Club;
(b) the Association;
5 (c) the Fremantle Trotting Club;
(d) WAGRA; or
(e) the racing clubs registered with the Club or the
Association and conducting races outside the
Metropolitan Area,
10 as specified in a direction of the Minister (including as to the
recipients, the amounts and the manner of payment).
(4) Regulations made for the purposes of subsection (3) and
directions of the Minister under that subsection have effect
despite anything in the principal Act.
15 (5) In this section --
"principal Act" means the Totalisator Agency Board Betting
Act 1960;
and other words and expressions in this section have the same
respective meanings as they have in the principal Act.
20 8. Expiry of this Act
(1) This Act expires at the end of 31 July 2002.
(2) Without limiting section 37 of the Interpretation Act 1984, the
expiry of this Act does not affect any payment made or to be
made as a consequence of the Totalisator Agency Board Betting
25 Act 1960 as modified by this Act.
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