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


TAB (DISPOSAL) BILL 2019

                    Western Australia


         TAB (Disposal) Bill 2019

                        Contents

      Part 1 -- Preliminary matters
1.    Short title                                        2
2.    Commencement                                       2
3.    Terms used                                         3
4.    Purposes of section 8 disposal                     5
5.    Severance of things on land                        5
6.    Act binds Crown                                    6
      Part 2 -- Enabling disposal
7.    Disposal of TAB assets authorised                  7
8.    Minister may order disposal of TAB assets          7
9.    Effecting disposal                                 8
10.   Disposal of freehold land                          9
11.   Functions and powers of Minister                   9
12.   Functions and powers of RWWA                       9
13.   Functions and powers of corporate vehicles         9
14.   Directions by Minister                             9
15.   Regulations about corporate vehicles and trusts   10
      Part 3 -- Implementing disposal
      Division 1 -- Transfer orders
16.   Minister may make transfer orders                 11
17.   Consequences of transfer orders                   13
18.   Completion of transactions for this Division      13
19.   Effect of arrangements internal to transferors    14
20.   Delivery and access to records                    14
21.   Registration of documents                         15
22.   Correction of errors in transfer orders           16




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TAB (Disposal) Bill 2019



Contents



              Division 2 -- Disclosure of information
      23.     Authorised disclosure of information                         16
      24.     Auditor General may disclose information                     17
      25.     Offence of disclosing information                            17
              Division 3 -- Other matters
      26.     Application of proceeds of disposal                          18
      27.     Racing Infrastructure Fund                                   19
      28.     Provision by State of indemnities and guarantees             19
      29.     Takeover by State of certain obligations                     19
              Part 4 -- Provisions relating to
                   corporate vehicles
      30.     Application of this Part                                     21
      31.     Acquirer's powers and duties                                 21
      32.     Application of written laws to acquirer                      21
              Part 5 -- Miscellaneous matters
      33.     Exemption from State tax                                     22
      34.     Effect of this Act on existing rights and obligations        23
      35.     No compensation payable                                      23
      36.     Regulations for the purposes of, or consequential
              on, section 8 disposals                                      24
      37.     Regulations                                                  25
              Part 6 -- Betting Control Act 1954
                   amended
      38.     Act amended                                                  26
      39.     Long title replaced                                          26
      40.     Section 4 amended                                            26
      41.     Sections 4AB and 4AC inserted                                32
              4AB.     Term used: bookmaker                           32
              4AC.     Prohibited races, events and
                       contingencies                                  33
      42.     Section 4A amended                                           33
      43.     Section 4B replaced                                          33
              4B.      Betting on events                              33
              4C.      Rules of betting                               34
      44.     Section 5 amended                                            34




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                                                                  Contents



45.   Section 5A replaced                                            35
      5A.      Communication and broadcasting of
               information                                   35
      5B.      Conduct of bookmaking                         36
46.   Section 5C inserted                                            36
      5C.      Betting on simulated races                    36
47.   Part 1A inserted                                               36
      Part 1A -- Wagering licences
      Division 1 -- General
      6.         Wagering licence and wagering licensee      36
      7.         Associates                                  37
      8.         Key employees                               39
      9.         Determinations of good repute and public
                 interest                                    40
      Division 2 -- Applications for and grant of wagering
             licences
      10.        Application for wagering licence            40
      10A.       Grant of wagering licence                   40
      10B.       Fee for wagering licence                    41
      10C.       Duration of wagering licence                42
      10D.       Wagering licence may authorise
                 preparatory action                          43
      10E.       Transfer of wagering licence                43
      10F.       No proprietary right in wagering licence    44
      Division 3 -- Conditions of wagering licences
      10G.       Financial assurance                         45
      10H.       Racing industry arrangement                 45
      10I.       Consumer protection policy                  46
      10J.       General provisions relating to bets with
                 wagering licensee                           46
      Division 4 -- Disciplinary and other actions
             concerning wagering licences
      10K.       Commission may take or recommend
                 disciplinary action                         46
      10L.       Minister's power to amend, suspend or
                 cancel wagering licence                     50
      10M.       Suspension of wagering licence              51
      10N.       Surrender of wagering licence               51
      10O.       Appointment of temporary licensee if
                 wagering licence suspended, cancelled,
                 surrendered                                 52
      10P.       Directions necessary for transitioning to
                 new wagering licence                        53




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TAB (Disposal) Bill 2019



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              Division 5 -- Miscellaneous
              10Q.      Wagering licence agreements                 53
              10R.      Minister may amend wagering licence on
                        request                                     54
              10S.      Combined totalisator pool and fixed odds
                        schemes                                     54
              10T.      Engaging contractors and appointing
                        agents to assist wagering licensee          55
              10U.      Betting agencies                            55
              10V.      Directions relating to betting agencies     56
              10W.      Wagering licensee to give notice to
                        Commission about certain matters            57
              10X.      Approval of associates of wagering
                        licensee                                    57
              10Y.      Commission may give directions to
                        wagering licensee in relation to wagering
                        business                                    59
              10Z.      Disclosure of certain information
                        authorised                                  60
              10ZA.     Amount deducted as commission by
                        wagering licensee                           60
              10ZB.     Unclaimed moneys                            61
              10ZC.     Authorisation for Competition and
                        Consumer Act 2010 (Cth) and
                        Competition Code                            62
              10ZD.     Confidential police information             63
      48.     Part 2 heading amended                                     64
      49.     Section 11G amended                                        64
      50.     Section 12 amended                                         64
      51.     Part 3 heading amended                                     65
      52.     Section 14 inserted                                        65
              14.       Bets transmitted from racing club to
                        wagering licensee                           65
      53.     Section 14A deleted                                        66
      54.     Section 17 amended                                         66
      55.     Section 17B amended                                        66
      56.     Sections 17E and 17EA deleted                              66
      57.     Section 20 amended                                         66
      58.     Section 20A amended                                        67
      59.     Section 20B amended                                        67
      60.     Section 20C amended                                        68
      61.     Section 21 amended                                         68
      62.     Section 22 amended                                         69
      63.     Section 22A amended                                        69
      64.     Section 23 amended                                         70
      65.     Section 24 amended                                         70

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                                                                 Contents



66.   Section 25 amended                                           71
67.   Sections 25A to 25E inserted                                 72
      25A.     Restrictions on publication and use of WA
               race fields                                  72
      25B.     Application for WA race field publication
               and use approval                             72
      25C.     Publication and use approval                 73
      25D.     Review by State Administrative Tribunal      74
      25E.     Authorisation for Competition and
               Consumer Act 2010 (Cth) and
               Competition Code                             75
68.   Section 27 amended                                           75
69.   Section 27A amended                                          76
70.   Section 27D deleted                                          77
71.   Section 27E deleted                                          77
72.   Section 27F deleted                                          77
73.   Section 28C amended                                          77
74.   Sections 28E to 29 replaced                                  78
      28E.     Penalty for totalisator officers accepting
               instructions as to investments on
               totalisators                                 78
      28F.     Non-application of s. 28D and 28E            78
      29.      Penalty for providing credit                 79
75.   Section 30 amended                                           79
76.   Section 31 amended                                           80
77.   Section 32A amended                                          80
78.   Section 33 replaced                                          81
      33.      Regulations                                  81
79.   Section 34 inserted                                          84
      34.      Savings and transitional provision for TAB
               (Disposal) Act 2019                          84
80.   Various references to "race course" amended                  84
      Part 7 -- Casino (Burswood Island)
           Agreement Act 1985 amended
81.   Act amended                                                  86
82.   Section 3 amended                                            86
83.   Section 4G inserted                                          86
      4G.      Fifteenth Supplementary Agreement
               ratified and implementation authorised       86
84.   Schedule 16 inserted                                         87
      Schedule 16 -- Fifteenth Supplementary Agreement




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TAB (Disposal) Bill 2019



Contents



              Part 8 -- Gaming and Wagering
                   Commission Act 1987 amended
      85.     Act amended                                               94
      86.     Section 3 amended                                         94
      87.     Section 6 amended                                         94
      88.     Section 7 amended                                         94
      89.     Section 8 amended                                         95
      90.     Section 18 amended                                        95
      91.     Section 20 amended                                        96
      92.     Section 20A amended                                       96
      93.     Section 24 amended                                        96
      94.     Section 40A amended                                       97
      95.     Section 43A amended                                       97
      96.     Section 64 amended                                        97
      97.     Section 80 amended                                        98
      98.     Section 93A amended                                       98
      99.     Part VA deleted                                           98
      100.    Section 109E inserted                                     99
              109E.    Commission's functions as to complaints
                       about wagering licensee                    99
      101.    Section 110 amended                                      100
      102.    Section 110A amended                                     100
      103.    Section 110B deleted                                     100
      104.    Section 113 inserted                                     100
              113.     Savings and transitional provisions for
                       TAB (Disposal) Act 2019                   100

              Part 9 -- Racing and Wagering
                   Western Australia Act 2003
                   amended
              Division 1 -- Preliminary
      105.    Act amended                                              102
              Division 2 -- Provisions commencing on day
                    after assent day
      106.    Section 3 amended                                        102
      107.    Section 10 amended                                       103
      108.    Section 19 amended                                       103
      109.    Section 35 amended                                       103
      110.    Section 36 amended                                       104
      111.    Section 37 amended                                       104

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112.   Section 38 amended                                         104
113.   Section 46 amended                                         105
114.   Section 68 amended                                         105
115.   Section 77 amended                                         105
116.   Section 113 amended                                        105
117.   Section 115 amended                                        105
118.   Schedule 2 amended                                         106
       Division 3 -- Provisions relating to
              commencement of wagering licence
119.   Long title replaced                                        106
120.   Short title amended                                        106
121.   Section 3 amended                                          106
122.   Section 10 amended                                         107
123.   Section 14 deleted                                         107
124.   Section 24 deleted                                         107
125.   Section 29 amended                                         107
126.   Section 31 amended                                         107
127.   Section 35 amended                                         108
128.   Section 45 amended                                         108
129.   Part 5 deleted                                             109
130.   Section 68 amended                                         109
131.   Section 86 deleted                                         109
132.   Section 99 deleted                                         109
133.   Part 7 Division 5 heading amended                          109
134.   Sections 103 and 104 deleted                               109
135.   Section 106 replaced                                       109
       106.     Allocation of RWA's funds                  109
136.   Section 113 amended                                        110
137.   Section 116 deleted                                        110
138.   Section 120 deleted                                        111
139.   Section 121 amended                                        111
140.   Section 122 replaced                                       111
       122.     Transitional and savings provisions for
                TAB (Disposal) Act 2019                    111
141.   Schedule 1 amended                                         112
142.   Various references to "Racing and Wagering
       Western Australia" amended                                 112




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TAB (Disposal) Bill 2019



Contents



              Division 4 -- Provisions relating to new race
                    field regime
      143.    Section 35 amended                                      116
      144.    Section 107A replaced                                   117
              107A.    Race field fees account                  117

              Part 10 -- Repeal and consequential
                   amendments to other Acts
      145.    Anzac Day Act 1960 amended                              118
      146.    Constitution Acts Amendment Act 1899 amended            118
      147.    Criminal Organisations Control Act 2012
              amended                                                 118
      148.    Dog Act 1976 amended                                    118
      149.    Financial Management Act 2006 amended                   118
      150.    Gaming and Betting (Contracts and Securities)
              Act 1985 amended                                        119
      151.    Parliamentary Commissioner Act 1971 amended             119
      152.    Public Sector Management Act 1994 amended               119
      153.    Racing Bets Levy Act 2009 repealed                      119
      154.    Racing Penalties (Appeals) Act 1990 amended             119
      155.    Racing Restriction Act 2003 amended                     121
      156.    Salaries and Allowances Act 1975 amended                121
      157.    Statutory Corporations (Liability of Directors)
              Act 1996 amended                                        122
      158.    The Western Australian Turf Club Act 1892
              amended                                                 122
      159.    Western Australian Greyhound Racing Association
              Act 1981 amended                                        122
      160.    Workers' Compensation and Injury Management
              Act 1981 amended                                        123
              Part 11 -- Review of Act
      161.    Review of Act                                           124
              Defined terms




page viii
                           Western Australia


                     LEGISLATIVE ASSEMBLY

              (As amended during consideration in detail)

                 TAB (Disposal) Bill 2019

                               A Bill for


An Act --
•  to provide for the disposal of the whole or part of any business
   carried on by, or all or any of the assets or liabilities owned by,
   Racing and Wagering Western Australia trading as TAB or TAB
   Touch; and
•  to amend --
   •  the Betting Control Act 1954; and
   •  the Casino (Burswood Island) Agreement Act 1985; and
   •  the Gaming and Wagering Commission Act 1987; and
   •  the Racing and Wagering Western Australia Act 2003;
   and
•  to make consequential amendments to various other Acts; and
•  to repeal the Racing Bets Levy Act 2009.



The Parliament of Western Australia enacts as follows:




                                                               page 1
     TAB (Disposal) Bill 2019
     Part 1         Preliminary matters

     s. 1



1                       Part 1 -- Preliminary matters
2    1.         Short title
3               This is the TAB (Disposal) Act 2019.

4    2.         Commencement
5         (1)   This Act comes into operation as follows --
6                (a) Part 1 -- on the day on which this Act receives the
7                      Royal Assent (assent day);
8                (b) the following provisions -- on a day fixed by
9                      proclamation --
10                        (i) section 40(2), (3), (5), (6), (8), (10) to (13), (15)
11                            and (16);
12                       (ii) section 41;
13                      (iii) sections 43 to 45;
14                      (iv) sections 49 to 51
15                       (v) sections 53 to 76;
16                      (vi) section 77(2);
17                     (vii) sections 78 and 79
18                    (viii) sections 86 to 88;
19                      (ix) section 89(1);
20                       (x) sections 90 to 92;
21                      (xi) sections 94 to 104;
22                     (xii) Part 9 Divisions 3 and 4;
23                    (xiii) Part 10;
24               (c) the rest of the Act -- on the day after assent day.
25        (2)   Different days may be fixed in a proclamation for different
26              provisions.




     page 2
                                                   TAB (Disposal) Bill 2019
                                        Preliminary matters          Part 1

                                                                       s. 3



1    3.   Terms used
2         In Parts 1 to 5, unless the contrary intention appears --
3         acquirer means the entity to which a TAB asset is disposed of
4         for the purposes of a section 8 disposal;
5         asset --
6           (a) means property of any kind whether tangible, intangible,
7                  real or personal; and
8           (b) includes --
9                    (i) any chose in action, goodwill, right, interest or
10                         claim of any kind, whether arising from,
11                         accruing under, created or evidenced by or the
12                         subject of an instrument or otherwise and
13                         whether liquidated or unliquidated or actual,
14                         contingent or prospective; and
15                  (ii) a contractual right that is to be regarded as
16                         arising because of section 19(2);
17        company means a company registered under the Corporations
18        Act 2001 (Commonwealth);
19        corporate vehicle means --
20          (a) a company created in accordance with section 9(4) each
21                 security in which is held by a person specified in
22                 section 9(6) on behalf of the State; or
23          (b) a subsidiary under the Corporations Act 2001
24                 (Commonwealth) of a company referred to in
25                 paragraph (a);
26        dispose of, in relation to a TAB asset, includes --
27          (a) to sell the TAB asset; and
28          (b) to grant a lease or licence in respect of the TAB asset;
29                 and
30          (c) to create and assign an interest in the TAB asset;
31        disposer means the entity from which a TAB asset is disposed
32        of for the purposes of a section 8 disposal;


                                                                   page 3
     TAB (Disposal) Bill 2019
     Part 1         Preliminary matters

     s. 3



1             liability --
2               (a) means any liability, duty or obligation --
3                         (i) whether liquidated or unliquidated or actual,
4                              contingent or prospective; and
5                        (ii) whether owed alone or jointly or jointly and
6                              severally with any other person;
7                      and
8               (b) includes a contractual liability that is to be regarded as
9                      arising because of section 19(2);
10            purposes, of a section 8 disposal, has the meaning given in
11            section 4;
12            right --
13              (a) means any right, power, privilege or immunity whether
14                     actual, contingent or prospective; but
15              (b) in relation to a transfer order, does not include any
16                     privilege or immunity enjoyed as an agent of the Crown
17                     except in so far as it relates to anything done or omitted
18                     to be done before the transfer time;
19            RWWA means --
20              (a) before the commencement of section 120, Racing and
21                     Wagering Western Australia established under the
22                     Racing and Wagering Western Australia Act 2003;
23              (b) on and after the commencement of section 120, Racing
24                     Western Australia established under the Racing Western
25                     Australia Act 2003;
26            RWWA Act means --
27              (a) before the commencement of section 120, the Racing
28                     and Wagering Western Australia Act 2003;
29              (b) on and after the commencement of section 120, the
30                     Racing Western Australia Act 2003;
31            section 8 disposal means a disposal for which an order is in
32            force under section 8;


     page 4
                                                           TAB (Disposal) Bill 2019
                                                Preliminary matters          Part 1

                                                                                    s. 4



1               TAB means that part of RWWA trading as TAB or TAB Touch;
2               TAB asset means any of the following to the extent that it
3               relates to or comprises the TAB or is owned by RWWA or a
4               corporate vehicle and is, in the Minister's opinion, associated
5               with the TAB --
6                 (a) the whole or any part of a business carried on by, or any
7                        asset or liability owned by or managed by, RWWA; or
8                 (b) the whole or any part of a business carried on by, or any
9                        asset or liability owned by or managed on behalf of
10                       RWWA, a corporate vehicle or the State by, a corporate
11                       vehicle; or
12                (c) the securities in a corporate vehicle;
13              transferee, in relation to a transfer order, has the meaning given
14              in section 16(2)(b);
15              transferor, in relation to a transfer order, has the meaning given
16              in section 16(2)(b);
17              transfer order means a transfer order made under section 16 as
18              amended under that section or corrected under section 22;
19              transfer time, in relation to a transfer order, means the time
20              specified under section 16(2)(a) in the transfer order.

21   4.         Purposes of section 8 disposal
22              The purposes of a section 8 disposal include the following --
23               (a) the purpose of effecting or facilitating the section 8
24                     disposal;
25               (b) any purpose ancillary or incidental to, or consequential
26                     on, the section 8 disposal.

27   5.         Severance of things on land
28        (1)   In this section --
29              on land includes in, over or under land.
30        (2)   The Minister may, by order in writing for the purposes of a
31              section 8 disposal, direct that a specified thing that is on land

                                                                             page 5
     TAB (Disposal) Bill 2019
     Part 1         Preliminary matters

     s. 6



1               and is capable of being disposed of is not part of the land,
2               regardless of whether it is in the nature of a fixture.
3         (3)   The effect of the order is that, for the purposes of a section 8
4               disposal, the thing --
5                 (a) is taken to be severed from the land; and
6                 (b) is capable of being assigned as personal property
7                      separately from the land; and
8                 (c) is capable of being removed from the land by, or with
9                      the authority of, the owner of the land.
10        (4)   The severance of a thing from land under this section does not
11              affect the right of the thing to be situated on that land.
12        (5)   The Minister may vary or revoke an order made under
13              subsection (2).

14   6.         Act binds Crown
15              This Act binds the Crown in right of Western Australia and, so
16              far as the legislative power of the Parliament permits, the Crown
17              in all its other capacities.




     page 6
                                                         TAB (Disposal) Bill 2019
                                                 Enabling disposal         Part 2

                                                                               s. 7



1                        Part 2 -- Enabling disposal
2    7.         Disposal of TAB assets authorised
3         (1)   A TAB asset owned or managed by RWWA may be disposed
4               of, whether by RWWA or the State, if the disposal is authorised
5               by an order made under section 8.
6         (2)   A TAB asset owned or managed by a corporate vehicle may be
7               disposed of, whether by the corporate vehicle or the State, if the
8               disposal is authorised by an order made under section 8.

9    8.         Minister may order disposal of TAB assets
10        (1)   The Minister may, by order published in the Gazette --
11               (a) direct the disposal of all or specified TAB assets; or
12               (b) vary or revoke an order made under paragraph (a), or
13                    under this paragraph, at any time before effect is given
14                    to the order.
15        (2)   An order made under subsection (1) may be in general terms
16              and need not include any details about how the disposal is to be
17              effected or specific details about the assets the subject of the
18              disposal.
19        (3)   The Minister cannot make an order under subsection (1) without
20              the Treasurer's approval.
21        (4)   An order made under subsection (1) takes effect --
22               (a) on the day after the day on which the order is published
23                     in the Gazette; or
24               (b) if a later day is specified in the order -- on that day.
25        (5)   Any TAB asset not disposed of in accordance with an order
26              made under subsection (1) --
27               (a) remains the property of RWWA; and




                                                                           page 7
     TAB (Disposal) Bill 2019
     Part 2         Enabling disposal

     s. 9



1                (b)    despite the RWWA Act section 30, may be held,
2                       maintained, managed, improved, developed and
3                       disposed of for any purpose.

4    9.         Effecting disposal
5         (1)   Except as provided in section 10, there are no limitations on the
6               nature of any transaction or arrangement that can be entered into
7               for the purposes of a section 8 disposal.
8         (2)   An express provision of this Act authorising the establishment
9               of a particular kind of legal entity for the purposes of a section 8
10              disposal does not limit the kinds of legal entity that can be used
11              for those purposes.
12        (3)   One or more corporate vehicles or 1 or more trusts can be used
13              for the purposes of a section 8 disposal.
14        (4)   If a company is to be used for the purposes of a section 8
15              disposal by the State, the Under Treasurer must ensure that the
16              necessary steps are taken on behalf of the State to create the
17              company.
18        (5)   Any of the persons specified in subsection (6) can --
19               (a) receive on behalf of the State an allotment and issue of,
20                     or otherwise acquire on behalf of the State, securities in
21                     the company; and
22               (b) hold, and dispose of, on behalf of the State any
23                     securities so acquired by the person in the company.
24        (6)   For the purposes of subsection (5), the following persons are
25              specified --
26                (a) the Minister;
27                (b) the Treasurer;
28                (c) RWWA.
29        (7)   The Minister may enter into on behalf of the State any
30              agreement for the purposes of a section 8 disposal.


     page 8
                                                          TAB (Disposal) Bill 2019
                                                  Enabling disposal         Part 2

                                                                                 s. 10



1    10.         Disposal of freehold land
2                Freehold land can be disposed of under this Act only if it is
3                owned by RWWA, a corporate vehicle or the State.

4    11.         Functions and powers of Minister
5                The Minister has all of the functions and powers that are
6                necessary or convenient for the purposes of this Act, including
7                the power to acquire land.

8    12.         Functions and powers of RWWA
9                RWWA has all of the functions and powers that are necessary
10               or convenient for the purposes of the disposal of a TAB asset
11               under this Act.

12   13.         Functions and powers of corporate vehicles
13               A corporate vehicle has all of the functions and powers that are
14               necessary or convenient for the purposes of the disposal of a
15               TAB asset under this Act, including --
16                 (a) the power to acquire land; and
17                 (b) if the corporate vehicle is a company referred to in
18                      section 3 in the definition of corporate vehicle
19                      paragraph (a) -- the power to create subsidiaries of the
20                      company.

21   14.         Directions by Minister
22         (1)   The Minister may, for the purposes of a section 8 disposal, give
23               a written direction to RWWA or a corporate vehicle.
24         (2)   RWWA or a corporate vehicle must comply with a direction
25               given to it under subsection (1).
26         (3)   RWWA or a corporate vehicle, or a director or officer of
27               RWWA or a corporate vehicle, is not liable for, and does not
28               contravene the RWWA Act by reason of, anything done or
29               omitted to be done in good faith in compliance with, or


                                                                            page 9
     TAB (Disposal) Bill 2019
     Part 2         Enabling disposal

     s. 15



1                purported compliance with, a direction given under
2                subsection (1).
3          (4)   This section is declared to be a Corporations legislation
4                displacement provision for the purposes of the Corporations
5                Act 2001 (Commonwealth) section 5G in relation to the
6                Corporations legislation generally.

7    15.         Regulations about corporate vehicles and trusts
8          (1)   Regulations may make provision about the constitution, trust
9                deed or another constituent document of a corporate vehicle or
10               trust that is to be used for the purposes of a section 8 disposal.
11         (2)   Regulations may declare a matter dealt with, provided for, done
12               or occurring under regulations referred to in subsection (1) to be
13               an excluded matter for the purposes of the Corporations
14               Act 2001 (Commonwealth) section 5F in relation to any of the
15               following --
16                 (a) the whole of the Corporations legislation;
17                 (b) a specified provision of that legislation;
18                 (c) that legislation other than a specified provision;
19                 (d) that legislation other than to a specified extent.




     page 10
                                                          TAB (Disposal) Bill 2019
                                              Implementing disposal         Part 3
                                                    Transfer orders    Division 1
                                                                              s. 16



1                      Part 3 -- Implementing disposal
2                           Division 1 -- Transfer orders
3    16.         Minister may make transfer orders
4          (1)   In this section --
5                private entity means a person other than any of the following --
6                  (a) RWWA;
7                  (b) a statutory corporation;
8                  (c) a corporate vehicle;
9                  (d) the State;
10               statutory corporation means --
11                 (a) a Minister or chief executive officer who is constituted,
12                        or continued in existence, as a body corporate under an
13                        Act; or
14                 (b) any other body corporate that is constituted, or
15                        continued in existence, under an Act.
16         (2)   For the purposes of a section 8 disposal, the Minister may, by
17               order published in the Gazette (a transfer order), specify all or
18               any of the following --
19                 (a) a time (which must be after the day on which the order
20                       is published in the Gazette) that is the transfer time
21                       under the transfer order;
22                 (b) any asset or liability that, by operation of section 17, is
23                       to be transferred from RWWA, a corporate vehicle or
24                       the State as specified in the order (the transferor) to a
25                       corporate vehicle or a private entity as specified in the
26                       order (the transferee);
27                 (c) proceedings in which, by operation of section 17, the
28                       transferee is to be substituted for the transferor as a
29                       party;



                                                                           page 11
     TAB (Disposal) Bill 2019
     Part 3         Implementing disposal
     Division 1     Transfer orders
     s. 16



1               (d)   any agreement or instrument relating to anything
2                     transferred that, by operation of section 17, is to have
3                     effect as if, unless otherwise expressly specified in the
4                     order, references to the transferee were substituted for
5                     references to the transferor in the agreement or
6                     instrument.
7       (3)    If the transfer time is specified by reference to when a thing is
8              done, the Minister must ensure that notice of the time when the
9              thing is done is published in the Gazette.
10      (4)    A transfer order may specify persons or things by reference to
11             schedules that --
12               (a) need not be published in the Gazette; but
13               (b) must be available for public inspection on business days
14                    at the place and between the times specified in the
15                    transfer order for 6 months after the day on which the
16                    transfer order is published in the Gazette.
17      (5)    For the purposes of subsection (4)(b), a business day is a day
18             other than a Saturday, Sunday or public holiday.
19      (6)    A person or thing specified in a schedule for a transfer order is
20             taken to be specified in the transfer order.
21      (7)    A person or thing may be specified in a transfer order by
22             describing the person or thing as a member of a class.
23      (8)    Before a transfer order is made specifying anything by reference
24             to a schedule, the Minister must consult each relevant official to
25             whom a copy of the schedule must be given under section 21(2)
26             about the form and content of the schedule for the purpose of
27             facilitating the recording and registration of instruments or
28             documents as required by section 21(3)(b).
29      (9)    The Minister may, by order published in the Gazette, amend a
30             transfer order or a schedule for a transfer order, but only --
31               (a) before the transfer time; and
32               (b) with the consent of the transferee.

     page 12
                                                          TAB (Disposal) Bill 2019
                                              Implementing disposal         Part 3
                                                    Transfer orders    Division 1
                                                                              s. 17



1    17.         Consequences of transfer orders
2          (1)   In this section --
3                specified means specified in the transfer order.
4          (2)   A transfer order has effect at the transfer time as follows --
5                 (a) a specified asset is, by operation of this section and
6                       without the need for any conveyance, transfer,
7                       assignment or assurance or any prior notice or further
8                       act, transferred to the transferee and becomes an asset of
9                       the transferee;
10                (b) a specified liability is, by operation of this section and
11                      without the need for any prior notice or further act,
12                      transferred to and becomes a liability of the transferee;
13                (c) the transferee is, by operation of this section, substituted
14                      for the transferor as a party to any specified
15                      proceedings;
16                (d) a specified agreement or instrument has effect, by
17                      operation of this section, as if (unless otherwise
18                      specified) a reference to the transferee were substituted
19                      for a reference to the transferor in the agreement or
20                      instrument;
21                (e) any proceedings or remedy that might have been
22                      commenced by, or available against or to, the transferor
23                      in relation to an asset or liability transferred by
24                      paragraph (a) or (b) may be commenced by, or are
25                      available against or to, the transferee;
26                 (f) anything relating to an asset or liability transferred by
27                      paragraph (a) or (b) that was done or omitted to be done
28                      by, to or in respect of the transferor before the transfer
29                      and is of any effect is taken to have been done or
30                      omitted by, to or in respect of the transferee.

31   18.         Completion of transactions for this Division
32               If a transfer order cannot to any extent have the effect sought to
33               be achieved by this Division (whether because a matter is

                                                                            page 13
     TAB (Disposal) Bill 2019
     Part 3         Implementing disposal
     Division 1     Transfer orders
     s. 19



1                governed otherwise than by a law of this State or for any other
2                reason), the Minister and the transferor must each take all
3                practicable steps to achieve that effect as soon as possible after
4                the transfer time.

5    19.         Effect of arrangements internal to transferors
6          (1)   An instrument that provides for arrangements between different
7                parts of the transferor's business or undertaking may be
8                specified in a transfer order as if it created contractual rights and
9                liabilities.
10         (2)   An instrument specified as described in subsection (1) is to be
11               regarded as if its provisions were contractual provisions
12               between different legal entities.
13         (3)   A contractual right or liability that is to be regarded as arising
14               because of subsection (2) is transferable under this Division.

15   20.         Delivery and access to records
16         (1)   In this section --
17               record includes a register, minute, receipt, book of account or
18               other document (however compiled, recorded or stored);
19               relevant record, in relation to a transfer order, means a record
20               relating to any asset, liability, agreement, instrument or
21               proceeding specified under section 16(2) in the transfer order.
22         (2)   The Minister may give the transferor under a transfer order a
23               direction (whether in the transfer order or otherwise in writing)
24               as to which relevant records, or classes of relevant records, in
25               the possession or control of the transferor must be delivered to
26               or shared with, or be able to be accessed by, the transferee under
27               the transfer order.
28         (3)   The transferor must deliver to or share with the transferee, or
29               enable the transferee to have access to, relevant records in
30               accordance with the direction.



     page 14
                                                         TAB (Disposal) Bill 2019
                                             Implementing disposal         Part 3
                                                   Transfer orders    Division 1
                                                                             s. 21



1          (4)   The transferor and transferee must make arrangements for the
2                delivery or sharing of, or access to, relevant records in
3                accordance with the direction.
4          (5)   This section is declared to be a Corporations legislation
5                displacement provision for the purposes of the Corporations
6                Act 2001 (Commonwealth) section 5G in relation to the
7                Corporations legislation generally.

8    21.         Registration of documents
9          (1)   In this section --
10               relevant official means any of the following --
11                 (a) the Registrar of Titles under the Transfer of Land
12                        Act 1893;
13                 (b) the Registrar of Deeds and Transfers under the
14                        Registration of Deeds Act 1856;
15                 (c) the Minister administering the Land Administration
16                        Act 1997;
17                 (d) another person authorised by a written law to record and
18                        give effect to the registration of instruments or
19                        documents relating to transactions affecting any estate
20                        or interest in land or any other property.
21         (2)   The Minister must ensure that a copy of each of the following
22               instruments is given to each relevant official --
23                 (a) a transfer order and any schedule for it;
24                 (b) any order made under section 16(9) amending a transfer
25                      order or any schedule for it;
26                 (c) any order made under section 22(1) correcting a transfer
27                      order or any schedule for it;
28                 (d) any notice published under section 16(3) in respect of
29                      the transfer time in relation to a transfer order.




                                                                         page 15
     TAB (Disposal) Bill 2019
     Part 3         Implementing disposal
     Division 2     Disclosure of information
     s. 22



1          (3)   A relevant official must --
2                 (a) take notice of this Division, a transfer order and any
3                       other instrument relating to a transfer order that is
4                       referred to in subsection (2); and
5                 (b) record and register in the appropriate manner the
6                       instruments or documents necessary to show the effect
7                       of this Division and a transfer order.

8    22.         Correction of errors in transfer orders
9          (1)   The Minister may, by order published in the Gazette, make any
10               provision that is necessary to correct any error in a transfer
11               order or a schedule for a transfer order.
12         (2)   An order made under subsection (1) may be expressed to take
13               effect on and after the transfer time.
14         (3)   To the extent that a provision of an order made under
15               subsection (1) takes effect before the order is published in the
16               Gazette, section 17 does not, as a result of that provision,
17               operate so as --
18                 (a) to affect in a manner prejudicial to any person (other
19                       than the State, the transferor or transferee, or a Minister,
20                       officer or agency of the State) the rights of that person
21                       existing before publication; or
22                 (b) to impose liabilities on any person (other than the State,
23                       the transferor or transferee, or a Minister, officer or
24                       agency of the State) in respect of anything done or
25                       omitted to be done before publication.

26                    Division 2 -- Disclosure of information
27   23.         Authorised disclosure of information
28         (1)   A disclosure of information that is authorised under this section
29               is not to be regarded as --
30                 (a) a breach of contract or confidence or any other civil
31                        wrong; or

     page 16
                                                             TAB (Disposal) Bill 2019
                                              Implementing disposal            Part 3
                                            Disclosure of information     Division 2
                                                                                 s. 24



1                 (b)    a breach of duty under any of the following --
2                           (i) the Gaming and Wagering Commission
3                               Act 1987;
4                          (ii) the RWWA Act;
5                         (iii) the Statutory Corporations (Liability of
6                               Directors) Act 1996 section 5;
7                        or
8                  (c)   a breach of, or an offence under, a provision of a written
9                        law that prohibits or restricts the disclosure of
10                       information.
11         (2)   For subsection (1), a disclosure of information is authorised if it
12               is made for the purposes of a section 8 disposal by --
13                 (a) the State, RWWA or a corporate vehicle; or
14                 (b) a person acting with the authority of a body referred to
15                      in paragraph (a).
16         (3)   For subsection (2), a disclosure of information made for the
17               purposes of a section 8 disposal includes a disclosure of
18               information whenever made if the disclosure is or was made for
19               the purposes of a potential section 8 disposal.

20   24.         Auditor General may disclose information
21               Despite the Auditor General Act 2006 section 46(2), the Auditor
22               General may, for the purposes of a section 8 disposal, disclose
23               to any person, or provide any person with access to, information
24               in the possession or under the control of the Auditor General.

25   25.         Offence of disclosing information
26         (1)   Subsection (2) applies to a person (a bound recipient) who --
27                (a) obtains information connected with a section 8 disposal,
28                      whether through a disclosure authorised by section 23 or
29                      otherwise; and
30                (b) has agreed or is otherwise under a duty not to disclose
31                      the information to others.

                                                                             page 17
     TAB (Disposal) Bill 2019
     Part 3         Implementing disposal
     Division 3     Other matters
     s. 26



1          (2)   A bound recipient commits an offence if the bound recipient
2                breaches the agreement or duty referred to in subsection (1)(b).
3                Penalty for this subsection: a fine of $200 000.
4          (3)   A person who obtains information connected with a section 8
5                disposal from or through a bound recipient commits an offence
6                if, without lawful excuse, the person discloses the information
7                in a way that would have resulted in a breach of the agreement
8                or duty referred to in subsection (1)(b) if the disclosure had been
9                made by the bound recipient.
10               Penalty for this subsection: a fine of $200 000.
11         (4)   For the purposes of subsections (1)(a) and (3), information
12               connected with a section 8 disposal includes information
13               whenever obtained if the information is or was connected with a
14               potential section 8 disposal.

15                           Division 3 -- Other matters
16   26.         Application of proceeds of disposal
17         (1)   In this section --
18               net proceeds, of a section 8 disposal, means the gross proceeds
19               of the disposal less any transaction and implementation costs
20               incurred by the State, as determined by the Treasurer.
21         (2)   The gross proceeds of a section 8 disposal must be paid into the
22               Public Bank Account and credited to an account established by
23               the Treasurer as a Treasurer's special purpose account under the
24               Financial Management Act 2006 section 10.
25         (3)   An amount equal to 35% of the net proceeds of a section 8
26               disposal must be charged to the Treasurer's special purpose
27               account and credited to the Racing Infrastructure Fund referred
28               to in section 27(1).
29         (4)   Any other moneys standing to the credit of the Treasurer's
30               special purpose account may be applied as the Treasurer directs.



     page 18
                                                         TAB (Disposal) Bill 2019
                                             Implementing disposal         Part 3
                                                    Other matters     Division 3
                                                                             s. 27



1    27.         Racing Infrastructure Fund
2          (1)   An account called the Racing Infrastructure Fund must be
3                maintained under the RWWA Act section 88.
4          (2)   The Racing Infrastructure Fund must be administered by
5                RWWA.
6          (3)   Moneys standing to the credit of the Racing Infrastructure Fund
7                may, with the approval of the Minister, be applied for providing
8                and improving infrastructure for the State's racing industry.

9    28.         Provision by State of indemnities and guarantees
10         (1)   The Treasurer may, in the name and on behalf of the State, give
11               an indemnity or guarantee in respect of a matter related to --
12                 (a) a section 8 disposal; or
13                 (b) the action (whether under a transfer order or otherwise)
14                      by which anything is disposed of in connection with a
15                      section 8 disposal.
16         (2)   The Treasurer may, in the name and on behalf of the State, give
17               to any person who is or has been a member, director or officer
18               of RWWA or a corporate vehicle an indemnity against any
19               liability determined by the Treasurer (including any civil
20               liability under the Corporations Act 2001 (Commonwealth)),
21               whether or not the liability relates to a matter referred to in
22               subsection (1).
23         (3)   Any money payable under an indemnity or guarantee given
24               under this section must be paid by the Treasurer.
25         (4)   Payments made under subsection (3) are charged to the
26               Consolidated Account, which this section appropriates
27               accordingly.

28   29.         Takeover by State of certain obligations
29         (1)   This section applies in relation to an obligation (whether
30               contingent or otherwise) of RWWA or a corporate vehicle.


                                                                          page 19
     TAB (Disposal) Bill 2019
     Part 3         Implementing disposal
     Division 3     Other matters
     s. 29



1       (2)    The Treasurer may, in the name and on behalf of the State,
2              agree to take over an obligation in connection with a section 8
3              disposal.
4       (3)    If the performance of the obligation was guaranteed by the
5              State, the agreement may also provide for --
6                 (a) the release by the State of any security held by the State
7                       in connection with the guarantee; or
8                (b) the release of a person from an undertaking that the
9                       person gave to the State in relation to any security
10                      described in paragraph (a).
11      (4)    The Treasurer may authorise the payment of money to discharge
12             an obligation that the State has taken over under subsection (2),
13             whether by terminating the obligation or otherwise.
14      (5)    Payments authorised under subsection (4) are charged to the
15             Consolidated Account, which this section appropriates
16             accordingly.




     page 20
                                                             TAB (Disposal) Bill 2019
                             Provisions relating to corporate vehicles         Part 4

                                                                                s. 30



1          Part 4 -- Provisions relating to corporate vehicles
2    30.         Application of this Part
3                This Part applies if, for the purposes of a section 8 disposal, a
4                TAB asset is disposed of (whether under a transfer order or
5                otherwise) from RWWA or a corporate vehicle (the disposer) to
6                a corporate vehicle (the acquirer).

7    31.         Acquirer's powers and duties
8                To the extent prescribed by the regulations, the acquirer has the
9                powers, duties, rights and obligations in respect of the TAB
10               asset that the disposer would have had if the disposal had not
11               occurred.

12   32.         Application of written laws to acquirer
13         (1)   In this section --
14               applicable written law --
15                 (a) means a written law (other than this Act) that applies to
16                        or in relation to, or refers to, the disposer; and
17                 (b) includes a written law that, by operation of this section,
18                        applies to or in relation to, or refers to, the disposer.
19         (2)   An applicable written law is taken to apply to or in relation to,
20               or to refer to, the acquirer --
21                 (a) to the extent prescribed by the regulations; and
22                 (b) with the changes that are prescribed by the regulations
23                        or are otherwise necessary or convenient for the
24                        purposes of this Part.
25         (3)   Without limiting subsection (2), the regulations may provide
26               that a reference in an applicable written law to the disposer that
27               relates to the TAB asset before the disposal occurred is taken to
28               include a reference to the acquirer.




                                                                            page 21
     TAB (Disposal) Bill 2019
     Part 5         Miscellaneous matters

     s. 33



1                      Part 5 -- Miscellaneous matters
2    33.         Exemption from State tax
3          (1)   In this section --
4                State tax includes --
5                  (a) duty chargeable under the Duties Act 2008; and
6                  (b) any other tax, duty, fee, levy or charge under a law of
7                         the State.
8          (2)   State tax is not payable in relation to --
9                  (a) anything that occurs by operation of either or both of
10                       Parts 2 and 3; or
11                 (b) anything done (including a transaction entered into or an
12                       instrument or document of any kind made, executed,
13                       lodged or given) under, to give effect to, or for a
14                       purpose connected with or arising out of giving effect to,
15                       either or both of Parts 2 and 3.
16         (3)   The Minister may, at the request of the transferor or transferee
17               under a transfer order, certify in writing that --
18                 (a) a specified thing occurred by operation of either or both
19                      of Parts 2 and 3; or
20                (b) a specified thing was done under, to give effect to, or for
21                      a purpose connected with or arising out of giving effect
22                      to, either or both of Parts 2 and 3.
23         (4)   For all purposes and in all proceedings, a certificate under
24               subsection (3) is sufficient evidence of the matters it certifies
25               unless the contrary is shown.
26         (5)   The exemption under subsection (2) does not apply in relation
27               to a thing that occurs or is done if the Minister directs (whether
28               in a transfer order or otherwise in writing) that it does not apply
29               in relation to the thing.




     page 22
                                                          TAB (Disposal) Bill 2019
                                             Miscellaneous matters          Part 5

                                                                             s. 34



1    34.         Effect of this Act on existing rights and obligations
2                The operation of this Act, including anything done or omitted to
3                be done under or for the purposes of this Act, is not to be
4                regarded as --
5                  (a) being a breach of confidence or any other civil wrong;
6                       or
7                  (b) being a breach of a contract or instrument, including
8                       (without limitation) a provision prohibiting, restricting
9                       or regulating the assignment or transfer of assets, rights
10                      or liabilities; or
11                 (c) requiring any act to be done under a contract or
12                      instrument; or
13                 (d) giving rise to a right or remedy of a party to a contract
14                      or instrument or causing or permitting the termination
15                      of, or exercise of rights under, a contract or instrument;
16                      or
17                 (e) an event of default under a contract or instrument; or
18                  (f) causing a contract or instrument to be void or otherwise
19                      unenforceable; or
20                 (g) except as provided in section 29(3) and (4), releasing, or
21                      allowing the release of, a surety or other obligee from
22                      the whole or part of an obligation.

23   35.         No compensation payable
24         (1)   No compensation is payable by or on behalf of the State --
25                (a) because of the enactment or operation of this Act or for
26                     the consequences of its enactment or operation; or
27                (b) because of any statement or conduct relating to the
28                     enactment of this Act; or
29                (c) in connection with the disposal under this Act of a TAB
30                     asset.




                                                                          page 23
     TAB (Disposal) Bill 2019
     Part 5         Miscellaneous matters

     s. 36



1          (2)   Subsection (1) does not apply in relation to --
2                 (a) any consideration payable under an agreement entered
3                       into for the purposes of a section 8 disposal; or
4                 (b) any compensation payable in connection with the
5                       performance of an obligation arising under an agreement
6                       entered into for the purposes of a section 8 disposal.

7    36.         Regulations for the purposes of, or consequential on,
8                section 8 disposals
9          (1)   In this section --
10               publication day, for regulations referred to in subsection (2),
11               means the day on which those regulations are published in the
12               Gazette;
13               the State includes a Minister, officer or agency of the State.
14         (2)   Regulations made under section 37 may provide for --
15                (a) matters for which it is necessary or convenient to make
16                      provision for the purposes of a section 8 disposal; or
17                (b) matters that it is necessary or convenient to deal with as
18                      a consequence of anything contained in, or anything
19                      done under, Part 2, 3 or 4.
20         (3)   Regulations referred to in subsection (2) may be expressed to
21               take effect before publication day for those regulations but after
22               the day on which the order made under section 8(1)(a) for the
23               section 8 disposal is published in the Gazette.
24         (4)   To the extent that regulations referred to in subsection (2) take
25               effect before publication day for those regulations, the
26               regulations do not operate --
27                 (a) to affect in a manner prejudicial to any person (other
28                       than the State or the disposer or acquirer under the
29                       section 8 disposal) the rights of that person existing
30                       before publication day for those regulations; or
31                 (b) to impose liabilities on any person (other than the State
32                       or the disposer or acquirer under the section 8 disposal)

     page 24
                                                  TAB (Disposal) Bill 2019
                                     Miscellaneous matters          Part 5

                                                                     s. 37



1                in respect of anything done or omitted to be done before
2                publication day for those regulations.

3   37.   Regulations
4         The Governor may make regulations prescribing matters --
5          (a) required or permitted to be prescribed by this Act; or
6          (b) necessary or convenient to be prescribed for giving
7               effect to this Act.




                                                                  page 25
     TAB (Disposal) Bill 2019
     Part 6         Betting Control Act 1954 amended

     s. 38



1                Part 6 -- Betting Control Act 1954 amended
2    38.         Act amended
3                This Part amends the Betting Control Act 1954.

4    39.         Long title replaced
5                Delete the long title and insert:
6
7            An Act --
8            •  to authorise, regulate and control the use of totalisators
9               and betting with a wagering licensee; and
10           •  to authorise, regulate and control, betting and
11              bookmaking on races, events and contingencies relating
12              to races and events; and
13           •  for related purposes.
14


15   40.         Section 4 amended
16         (1)   In section 4(1) delete the definitions of:
17               employee
18               fixed odds bet
19               race course
20         (2)   In section 4(1) delete the definitions of:
21               bookmaker
22               contingency
23               event
24               prohibited event or contingency
25               RWWA
26               RWWA Act
27               ticket
28               totalisator and totalisator ticket
29               totalisator agency

     page 26
                                                       TAB (Disposal) Bill 2019
                             Betting Control Act 1954 amended            Part 6

                                                                          s. 40



1    (3)   In section 4(1) delete the definitions of:
2          approval
3          authorisation
4          domestic betting operator
5    (4)   In section 4(1) insert in alphabetical order:
6

7                arrangement includes a contract, agreement and
8                understanding;
9                associate, of a wagering licensee, has the meaning
10               given in section 7(2);
11               betting agency means an agency established by a
12               wagering licensee under section 10U;
13               consumer protection policy has the meaning given in
14               section 10I;
15               employee, in relation to a bookmaker, means a person
16               employed by a bookmaker as the agent or substitute of
17               that bookmaker or otherwise for the purpose of the
18               carrying on of the business of the bookmaker, whether
19               or not that person receives remuneration in any form
20               from the bookmaker;
21               fixed odds bet means a bet where a fixed amount that
22               will be won if the bet is successful is determined before
23               the bet is accepted;
24               good repute, in relation to an associate of a wagering
25               licensee, means good repute of the associate as
26               determined under section 9(1);
27               key employee, of a wagering licensee, has the meaning
28               given in section 8(1);
29               position of authority, occupied in a body corporate,
30               has the meaning given in subsection (3);
31               prescribed means prescribed in regulations;



                                                                      page 27
     TAB (Disposal) Bill 2019
     Part 6         Betting Control Act 1954 amended

     s. 40



1                    public interest, in relation to a wagering licence, has a
2                    meaning affected by section 9(2);
3                    racecourse means a racecourse used for races;
4                    racing industry arrangement has the meaning given in
5                    section 10H(1);
6                    simulated race means a game --
7                      (a) that consists of animated images of a
8                            thoroughbred race, harness race or greyhound
9                            race; and
10                     (b) the outcome of which is only determined by a
11                           random number generator that draws a set of
12                           numbers from a larger set of numbers;
13                   wagering business means the business of a wagering
14                   licensee conducted under a wagering licence;
15                   wagering licence has the meaning given in
16                   section 6(1);
17                   wagering licence agreement has the meaning given in
18                   section 10Q(1);
19                   wagering licensee has the meaning given in
20                   section 6(1);
21

22      (5)    In section 4(1) insert in alphabetical order:
23

24                   bookmaker has the meaning given in section 4AB;
25                   event does not include a race or simulated race;
26                   prohibited, in relation to a race, event or contingency,
27                   has the meaning given in section 4AC;
28                   rules of betting means rules approved by the
29                   Commission under section 4C(1);
30                   RWA means Racing Western Australia established
31                   under the RWA Act;



     page 28
                                          TAB (Disposal) Bill 2019
                Betting Control Act 1954 amended            Part 6

                                                               s. 40



1    RWA Act means the Racing Western Australia
2    Act 2003;
3    sporting event --
4      (a) means an event of a sporting nature; and
5      (b) includes a foot-race;
6    ticket --
7      (a) means a betting ticket or a totalisator ticket; and
8      (b) includes a ticket produced or issued by a
9            machine used to facilitate betting;
10   totalisator --
11     (a) means a scheme of pari-mutuel betting under
12           which persons place money on specified
13           outcomes of races, events or simulated races,
14           and the money left after the deduction of
15           commission is divided and distributed among
16           those persons who successfully predicted those
17           outcomes; and
18     (b) includes any machine through or by which the
19           scheme is operated;
20   totalisator ticket includes any ticket, card, token or
21   thing --
22     (a) entitling, or purporting to entitle, any person to
23           any interest in any division or distribution of
24           any money by means of or in connection with
25           or as the result of the operations of a totalisator;
26           or
27     (b) issued by a wagering licensee acknowledging
28           that a bet has been made with the wagering
29           licensee;
30   writing includes a ticket, form or other record produced
31   by a machine.
32




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1       (6)    In section 4(1) insert in alphabetical order:
2

3                    publication and use approval has the meaning given in
4                    section 25A;
5                    wagering service provider means --
6                      (a) a wagering licensee; or
7                      (b) a person who in this State or elsewhere does
8                            any of the following --
9                               (i) carries on the business or vocation of, or
10                                   acts as, a bookmaker;
11                             (ii) conducts betting by the operation of a
12                                   totalisator;
13                            (iii) operates a betting exchange (however
14                                   described);
15                            (iv) gains, or endeavours to gain, a
16                                   livelihood wholly or partly by making
17                                   bets;
18

19      (7)    In section 4(1) in the definition of betting exchange delete "to
20             that term".
21      (8)    In section 4(1) in the definition of betting material
22             paragraph (a) delete "race or other event" and insert:
23

24             race, event or simulated race
25

26      (9)    In section 4(1) in the definition of consideration delete
27             "interpretation," and insert:
28

29             definition of
30




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1    (10)   In section 4(1) in the definition of designated sporting event
2           delete "(excluding races but including foot-races)".
3    (11)   In section 4(1) in the definition of offshore betting operator
4           delete "on events;" and insert:
5

6           on races or events;
7

8    (12)   In section 4(1) in the definition of steward delete "RWWA" and
9           insert:
10

11          RWA
12

13   (13)   In section 4(1) in the definition of to bet:
14            (a) in paragraph (a) delete "any event or contingency of or
15                  relating to any event" and insert:
16

17                   a race, event, simulated race or contingency
18

19           (b)     in paragraph (b) delete "event or contingency;" and
20                   insert:
21

22                   race, event, simulated race or contingency;
23

24   (14)   In section 4(1) in the definition of WA race field paragraph (b)
25          delete "State." and insert:
26

27          State;
28

29   (15)   In section 4(1a)(a) delete "(excluding races but including
30          foot-races)".
31   (16)   Delete section 4(2).

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1      (17)    In section 4(3) delete "position of authority" and insert:
2

3              position of authority
4


5    41.       Sections 4AB and 4AC inserted
6              After section 4AA insert:
7


8            4AB.    Term used: bookmaker
9              (1)   In this Act a reference to a bookmaker is a reference to
10                   a person who, whether on their own account or as a
11                   licensed manager, employee or agent of another
12                   person, holds a current bookmaker's licence and --
13                     (a) carries on the business or vocation of, or acts
14                           as, a bookmaker; or
15                     (b) gains, or endeavours to gain, a livelihood
16                           wholly or partly by betting or making wagers.
17             (2)   For the purposes of subsection (1), a reference to a
18                   bookmaker --
19                     (a) includes --
20                             (i) a licensed employee acting as the agent
21                                 of, or substitute for, a person referred to
22                                 in subsection (1); and
23                            (ii) a licensed manager acting under
24                                 section 11D(5);
25                           but
26                    (b) does not include a wagering licensee, or officer,
27                           employee or agent of a wagering licensee.




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1          4AC.    Prohibited races, events and contingencies
2                  In this Act, betting on a race, event or contingency is
3                  prohibited if --
4                    (a) the race, event or contingency is prescribed as
5                          prohibited; or
6                    (b) the race, event or contingency is of a class that
7                          is prescribed as prohibited.
8


9    42.     Section 4A amended
10           In section 4A(1) delete "applies to and" and insert:
11

12           applies to the conduct of betting by the holder of a bookmaker's
13           licence
14


15   43.     Section 4B replaced
16           Delete section 4B and insert:
17


18         4B.     Betting on events
19           (1)   Betting on an event is conducted in accordance with
20                 this Act if --
21                   (a) the conduct of betting on the event is approved
22                         by the Commission under subsection (2); and
23                   (b) the betting is conducted --
24                            (i) by a body or person approved in relation
25                                to the event under subsection (2); and
26                           (ii) in accordance with the rules of betting
27                                or the rules or arrangements referred to
28                                in section 10S(2).




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1                (2)   The Commission may approve the conduct of betting
2                      on an event, except a prohibited event, by --
3                        (a) a wagering licensee; or
4                       (b) a bookmaker whose licence is endorsed to
5                             authorise the betting.
6                (3)   The approval must be published as soon as practicable
7                      in the Gazette, and may be made subject to conditions,
8                      or to requirements as to the recording of bets, specified
9                      in that approval.
10               (4)   The Commission has the same functions in relation to
11                     betting on events as it has in relation to races.

12           4C.       Rules of betting
13               (1)   The Commission may approve rules for the conduct of
14                     betting on a race, event or simulated race.
15               (2)   The rules must specify contingencies relating to races,
16                     events or simulated races as contingencies on which
17                     betting may be conducted.
18               (3)   The Commission must, as soon as practicable after
19                     approving rules under this section, publish them on a
20                     website maintained by or on behalf of the Commission.
21


22   44.         Section 5 amended
23         (1)   Delete section 5(1) and insert:
24

25               (1)   Despite any law to the contrary, a person may, in
26                     accordance with this Act, lawfully bet on a race, event
27                     or simulated race and the bet --
28                       (a) does not of itself constitute a contravention of
29                            the law; and



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1                       (b)   is not a ground for the place where the bet is
2                             made or any part of it --
3                                (i) being taken or declared to be, or to be
4                                     used as, a common betting house or a
5                                     common gaming house; or
6                               (ii) being taken or declared to be a common
7                                     nuisance and contrary to the law.
8

9          (2)   In section 5(2) delete "The" and insert:
10

11               In the case of bets made with a bookmaker, the
12


13   45.         Section 5A replaced
14               Delete section 5A and insert:
15


16           5A.       Communication and broadcasting of information
17                     Despite the provisions of any other Act, it is lawful --
18                      (a) to communicate information from a place at
19                            which a bet is made with a wagering licensee to
20                            a betting agency for or in connection with the
21                            payment or crediting of dividends or winnings
22                            to the persons making the bets; or
23                      (b) in relation to a totalisator, to broadcast
24                            information as to the amount of dividends
25                            payable for bets made with a wagering licensee,
26                            after those dividends have been declared on the
27                            totalisator or by the wagering licensee.




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1            5B.        Conduct of bookmaking
2                       This Act authorises bookmaking only if it is conducted
3                       under section 12 --
4                         (a) at a racecourse; and
5                        (b) in accordance with a permit granted or
6                              endorsed for betting of that kind by the
7                              committee or other authority controlling the
8                              racecourse.
9


10   46.          Section 5C inserted
11                At the end of Part 1 insert:
12


13           5C.        Betting on simulated races
14                      This Act authorises betting on a simulated race only if
15                      the betting is conducted by a wagering licensee in
16                      accordance with the licensee's wagering licence.
17


18   47.          Part 1A inserted
19                Before Part 2 insert:
20


21                          Part 1A -- Wagering licences
22                                 Division 1 -- General
23           6.         Wagering licence and wagering licensee
24                (1)   A licence (a wagering licence) may be granted under
25                      this Act to a person (a wagering licensee) to conduct
26                      totalisator betting and fixed odds betting on a race,
27                      event or simulated race.



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1         (2)   Except as provided in subsection (3), this Part does not
2               authorise the operation at the same time of more than 1
3               wagering licence.
4         (3)   A wagering licence (a new licence) may be granted
5               while another wagering licence (an ending licence) is
6               in effect if --
7                 (a) the new licence takes effect after the ending
8                       licence has ceased to have effect; and
9                 (b) preparatory action is required in relation to the
10                      new licence under section 10D.

11   7.         Associates
12        (1)   In this section --
13              executive officer, in relation to a body (whether
14              incorporated or not), means --
15                (a) a director, secretary or member of the
16                       committee of management of the body (by
17                       whatever name called); or
18                (b) any other person who is concerned with, or
19                       takes part in, the management of the body,
20                       whether or not the person's position is given
21                       the name of executive officer;
22              relative, in relation to an individual, means --
23                (a) the spouse or de facto partner of the individual;
24                       or
25                (b) a parent, son, daughter, brother or sister of the
26                       individual; or
27                (c) a parent, son, daughter, brother or sister of the
28                       spouse or de facto partner of the individual;
29              relevant financial interest, in relation to a wagering
30              business, means --
31                (a) any share, whether held directly or indirectly, in
32                       the capital of the business; or

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1                     (b)    any entitlement, whether held directly or
2                            indirectly, to receive any income derived from
3                            the business; or
4                      (c) any entitlement, whether held directly or
5                            indirectly, to receive any payment as a result of
6                            money advanced;
7                    relevant power means any power, whether exercisable
8                    by voting or otherwise, whether exercisable alone or in
9                    association with others and whether held directly or
10                   indirectly --
11                     (a) to participate in any directorial, managerial, or
12                           executive decision; or
13                     (b) to elect or appoint any person as an executive
14                           officer.
15             (2)   In this Part, an associate of a wagering licensee or an
16                   applicant for a wagering licence is a person, other than
17                   a key employee, who is any of the following --
18                     (a) a person who --
19                              (i) holds or will hold any relevant financial
20                                    interest, or is or will be entitled to
21                                    exercise any relevant power (whether in
22                                    right of the person or on behalf of any
23                                    other person) in the wagering business
24                                    of the licensee or applicant; and
25                             (ii) by virtue of that interest or power, is
26                                    able or will be able to exercise a
27                                    significant influence over or with
28                                    respect to the management or operation
29                                    of that business;
30                     (b) a person who is or will be an executive officer,
31                            whether in right of the person or on behalf of
32                            any other person, of --
33                              (i) the licensee or applicant; or


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1                        (ii)   any other body involved in the wagering
2                               business of the licensee or applicant;
3                (c)   if the licensee or applicant is an individual, a
4                      person who is a relative of the licensee or
5                      applicant.

6    8.         Key employees
7         (1)   In this Part, a key employee of a wagering licensee is a
8               person who --
9                 (a) is employed by, or working for the benefit of,
10                       the wagering licensee and is empowered to
11                       make decisions, involving the exercise of that
12                       person's discretion, that regulate the wagering
13                       business of the wagering licensee; or
14                (b) because of the person's influence, remuneration
15                       or function, the Commission determines in the
16                       public interest should be designated
17                       accordingly.
18        (2)   The regulations may --
19               (a) require key employees to be persons who are
20                     licensed, provisionally or otherwise, by the
21                     Commission; and
22               (b) make provision as to the licensing of key
23                     employees, and the conditions and fees
24                     applicable to the licensing; and
25               (c) make provision for the disciplinary action that
26                     the Commission may take in relation to a key
27                     employee including the following --
28                        (i) the service of a letter of censure on the
29                            employee;
30                       (ii) the imposition on the employee of a fine
31                            not exceeding $1 000;
32                      (iii) the cancellation or suspension of the
33                            licence held by the employee.

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1            9.          Determinations of good repute and public interest
2                  (1)   In this Part, a determination of whether someone is, or
3                        is not, of good repute must be made having regard to
4                        the person's character, honesty and integrity.
5                  (2)   In this Part, a determination whether something
6                        relating to a wagering licence is in the public interest
7                        must be made having regard to the need for the
8                        creation and maintenance of public confidence and
9                        trust in the credibility, integrity and stability of the
10                       wagering business under the licence.

11                Division 2 -- Applications for and grant of wagering
12                                      licences
13           10.         Application for wagering licence
14                 (1)   The Minister may, in a manner determined by the
15                       Minister, invite persons to apply for the grant of a
16                       wagering licence.
17                 (2)   An application for a wagering licence must be --
18                        (a) made in a form approved by the Minister; and
19                        (b) accompanied by such information and
20                              documents as the Minister requires.

21           10A.        Grant of wagering licence
22                 (1)   The Minister may grant a wagering licence on an
23                       application under section 10 if the Minister determines
24                       that the granting of the licence is in the public interest.
25                 (2)   In particular, the Minister must consider the
26                       following --
27                         (a) whether the applicant, and each associate of the
28                               applicant, is of good repute;
29                         (b) whether the applicant has financial capacity to
30                               conduct a wagering business;

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1             (c)    whether the applicant has the operational
2                    capability to conduct the activities to be
3                    authorised by the wagering licence;
4             (d)    whether the applicant has entered into a
5                    wagering licence agreement;
6             (e)    whether the applicant has entered into a racing
7                    industry arrangement;
8              (f)   any consumer protection policy proposed by
9                    the applicant;
10            (g)    any other matter the Minister considers
11                   relevant.
12     (3)   The Minister may request the advice of the
13           Commission in determining the application.

14   10B.    Fee for wagering licence
15     (1)   A wagering licensee must pay a fee for the wagering
16           licence in accordance with the terms of the licence.
17     (2)   The wagering licence may specify the fee as 1 or more
18           amounts payable --
19            (a) on the grant of the licence or at a later time or
20                 times specified in the licence; or
21            (b) each year for the duration of the licence, at a
22                 time or times specified in the licence.
23     (3)   An amount referred to in subsection (2) may be --
24            (a) a monetary figure specified in the wagering
25                 licence; or
26            (b) the outcome from the application of a formula
27                 specified in the licence for calculating the
28                 amount.
29     (4)   The fee may include 1 or more penalties for late
30           payment.



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1              (5)   The fee (comprising 1 or more amounts referred to in
2                    subsection (2) and any penalties referred to in
3                    subsection (4)) may be recovered as a debt due to the
4                    State in a court of competent jurisdiction.

5            10C.    Duration of wagering licence
6              (1)   A wagering licence --
7                     (a) takes effect at the time the licence is granted or
8                          at a later time specified in the licence; and
9                     (b) is valid for 40 years, or any lesser period stated
10                         in the wagering licence, unless --
11                            (i) cancelled or surrendered earlier in
12                                  accordance with this Part; or
13                           (ii) extended under this section.
14             (2)   If invited by the Minister to do so, the wagering
15                   licensee may, before the wagering licence expires,
16                   apply to the Minister for a licence extension.
17             (3)   On application under subsection (2), the Minister may
18                   extend the wagering licence for a period determined by
19                   the Minister, after consulting --
20                     (a) the Commission; and
21                     (b) any other person the Minister considers
22                           appropriate.
23             (4)   A wagering licence may be extended under this section
24                   more than once, but the total cumulative period for
25                   which a wagering licence may be extended under this
26                   section cannot exceed 2 years from the day on which
27                   the licence would otherwise expire.
28             (5)   A wagering licence cannot be renewed, but a person
29                   who holds or has held a wagering licence may apply
30                   for a subsequent wagering licence if invited by the
31                   Minister to do so.


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1    10D.    Wagering licence may authorise preparatory action
2      (1)   In this section --
3            preparatory action, in relation to a wagering licence --
4              (a) means anything necessary or convenient to be
5                     done for the purpose of conducting any
6                     activities authorised by the licence; but
7              (b) does not include the acceptance of a bet or the
8                     payment of a dividend.
9      (2)   This section applies to a wagering licence if the licence
10           takes effect at a time specified in the licence that is
11           later than the time of grant of the licence.
12     (3)   The wagering licence may authorise the wagering
13           licensee to take preparatory action from a time
14           specified in the licence (which may be the time of
15           grant) even though the licence has not taken effect.
16     (4)   An authorisation under subsection (3) may specify a
17           single time from which any preparatory action may be
18           taken or different times from which different kinds of
19           preparatory action may be taken.
20     (5)   A time specified from which preparatory action may be
21           taken must not be more than 18 months before the time
22           the wagering licence takes effect.
23     (6)   Despite section 10C(1)(a), the wagering licence is
24           taken to be in effect for the purpose of any preparatory
25           action taken in accordance with an authorisation under
26           subsection (3).
27     (7)   No account is to be had to this section in determining
28           the term of the licence under section 10C(1)(b).

29   10E.    Transfer of wagering licence
30     (1)   A wagering licensee that is a body corporate may, with
31           the approval of the Minister, transfer the wagering

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1                    licence to a related body corporate as defined in the
2                    Corporations Act 2001 (Commonwealth) section 9 (the
3                    new licensee).
4              (2)   The wagering licensee may apply to the Minister to
5                    approve the transfer.
6              (3)   The application must be --
7                     (a) made at least 60 days before the day of the
8                           intended transfer; and
9                     (b) made in a form approved by the Minister; and
10                    (c) accompanied by such information and
11                          documents as the Minister requires.
12             (4)   The Minister may approve the transfer if the Minister,
13                   after consulting the Commission, determines that the
14                   transfer is in the public interest.
15             (5)   Section 10A(2) applies to the Minister's approval of
16                   the transfer as if a reference in that provision to the
17                   applicant were a reference to the new licensee.
18             (6)   If the Minister approves the transfer --
19                     (a) the Minister may make any necessary
20                           amendments to the wagering licence; and
21                     (b) any costs incurred by the Minister may be
22                           recovered as a debt due to the State in a court of
23                           competent jurisdiction; and
24                     (c) for the purposes of this Part, the new licensee is
25                           taken to have been granted the licence under
26                           section 10A.

27           10F.    No proprietary right in wagering licence
28             (1)   A wagering licence does not confer a right of property
29                   and is incapable of being assigned or mortgaged,
30                   charged or otherwise encumbered.



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1      (2)     In accordance with paragraph (d) of the definition of
2              licence in the Personal Property Securities Act 2009
3              (Commonwealth) section 10, a wagering licence is
4              declared not to be personal property for the purposes of
5              that Act.
6      (3)     Nothing in this section prevents a wagering licensee
7              from conducting activities authorised by the wagering
8              licence in the course of a joint venture or other
9              arrangement to which the wagering licensee is a party.

10           Division 3 -- Conditions of wagering licences
11   10G.      Financial assurance
12     (1)     It is a condition of a wagering licence that the wagering
13             licensee must provide financial assurance of a kind,
14             and within the time, specified in the licence.
15     (2)     The requirement to provide financial assurance
16             continues to apply during any period of suspension and
17             may, in accordance with the terms of the wagering
18             licence, continue to apply after the licence has --
19               (a) expired; or
20               (b) been cancelled or surrendered.

21   10H.      Racing industry arrangement
22     (1)     It is a condition of a wagering licence that the wagering
23             licensee must have in place, and give effect to, an
24             arrangement with RWA (a racing industry
25             arrangement) that makes provision for --
26                (a) the wagering licensee to provide funding to
27                      RWA; and
28               (b) the wagering licensee to perform other
29                      obligations in relation to the racing industry in
30                      the State; and
31                (c) any other related matters.

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1               (2)   A copy of the documents comprising the racing
2                     industry arrangement must be provided to the Minister
3                     as soon as practicable after the arrangement has been
4                     entered into.

5            10I.     Consumer protection policy
6                     It is a condition of a wagering licence that the wagering
7                     licensee must have in place, and give effect to, a policy
8                     (a consumer protection policy) approved by the
9                     Commission for responsible gambling, harm
10                    minimisation and consumer protection.

11           10J.     General provisions relating to bets with wagering
12                    licensee
13              (1)   A wagering licensee, officer, employee or agent of a
14                    wagering licensee, or employee of an agent of a
15                    wagering licensee, must not accept a bet unless a bet is
16                    made in accordance with this section --
17                     (a) at a betting agency; or
18                     (b) except in the case of a bet on a simulated race,
19                           by telephone or electronic communication
20                           directly to the wagering licensee.
21              (2)   A wagering licensee must not accept a bet involving
22                    the provision of credit by the wagering licensee.

23           Division 4 -- Disciplinary and other actions concerning
24                             wagering licences
25           10K.     Commission may take or recommend disciplinary
26                    action
27              (1)   In this section --
28                    direction --
29                      (a) means a direction to a wagering licensee under
30                             this Part; and


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1     (b)    includes a direction to a former wagering
2            licensee under section 10P;
3    disciplinary action means action under subsection (4)
4    or (6);
5    grounds, for disciplinary action against a wagering
6    licensee in relation to the licensee's wagering licence,
7    means any of the following --
8      (a) that the wagering licensee has contravened any
9            of the following --
10              (i) a provision of this Act or the Gaming
11                   and Wagering Commission Act 1987;
12             (ii) the regulations;
13            (iii) rules of betting;
14            (iv) a condition of the wagering licence;
15             (v) a direction;
16            (vi) the rules or arrangements referred to in
17                   section 10S(2);
18     (b) that the wagering licensee has failed to use
19           reasonable endeavours to ensure that an officer,
20           employee, agent or contractor of the wagering
21           licensee does not contravene any of the
22           following --
23              (i) a provision of this Act or the Gaming
24                   and Wagering Commission Act 1987;
25             (ii) the regulations;
26            (iii) rules of betting;
27            (iv) a condition of the wagering licence;
28             (v) a wagering licence agreement;
29            (vi) a direction;
30           (vii) the rules or arrangements referred to in
31                   section 10S(2);



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1                     (c)    that an associate of the wagering licensee, if an
2                            individual, has been convicted of an offence
3                            involving fraud or dishonesty the statutory
4                            penalty for which is imprisonment for more
5                            than 6 months or a fine of $100 000 or more;
6                     (d)    that the wagering licensee has become an
7                            externally administered corporation within the
8                            meaning of the Corporations Act 2001
9                            (Commonwealth);
10                    (e)    that the wagering licensee is not, or is no
11                           longer, a suitable person or body to conduct the
12                           activities authorised by the wagering licence;
13                     (f)   that the wagering licensee has failed to
14                           discharge the licensee's financial obligations to
15                           a person betting with the licensee.
16             (2)   The Commission may give a wagering licensee a
17                   notice specifying the grounds on which the
18                   Commission considers disciplinary action should be
19                   taken in relation to the licensee's wagering licence.
20             (3)   The wagering licensee may, within 28 days after the
21                   notice is given, make submissions to the Commission
22                   as to why disciplinary action should not be taken.
23             (4)   After considering any submissions made under
24                   subsection (3), the Commission may --
25                     (a) take either or both of the following actions --
26                             (i) give a letter of censure to the wagering
27                                   licensee;
28                            (ii) require the wagering licensee to pay a
29                                   monetary penalty of up to $1 000 000;
30                           or
31                     (b) make a written report to the Minister
32                           recommending that the Minister take action
33                           under section 10L against the licensee.

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1     (5)   A letter of censure under subsection (4)(a)(i) may --
2            (a) censure the wagering licensee in respect of any
3                   matter connected with the management or
4                   operation of its wagering business; and
5            (b) include a direction to the wagering licensee to
6                   rectify within a specified time any matter
7                   giving rise to the letter of censure.
8     (6)   If a direction given under subsection (5)(b) is not
9           complied with in the specified time, the Commission
10          may --
11            (a) require the wagering licensee to pay a monetary
12                   penalty of up to $1 000 000; or
13            (b) make a written report to the Minister
14                   recommending that the Minister take action
15                   against the licensee under section 10L.
16    (7)   The Commission may require the wagering licensee to
17          pay a monetary penalty under subsection (6)(a)
18          whether or not the Commission has already required
19          the licensee to pay a monetary penalty under
20          subsection (4)(a)(ii) in relation to the same matter.
21    (8)   A monetary penalty imposed under this section may be
22          recovered as a debt due to the State in a court of
23          competent jurisdiction.
24    (9)   A report under subsection (4)(b) or (6)(b) must include
25          the reasons for the findings and recommendations
26          contained in it.
27   (10)   This section, other than subsection (4)(b) and (6)(b),
28          applies with any necessary modifications to a former
29          wagering licensee in respect of grounds for disciplinary
30          action arising in relation to the licensee's former
31          wagering licence.




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1            10L.    Minister's power to amend, suspend or cancel
2                    wagering licence
3              (1)   If the Commission makes a report to the Minister under
4                    section 10K(4)(b) or (6)(b), the Minister may --
5                      (a) take 1 of the following actions --
6                               (i) amend the wagering licence;
7                              (ii) suspend the licence;
8                             (iii) cancel the licence;
9                            or
10                     (b) if the Minister determines that action under
11                           paragraph (a) is not warranted, remit the matter
12                           to the Commission with a request that the
13                           Commission consider whether action should be
14                           taken against the wagering licensee under
15                           section 10K(4)(a).
16             (2)   In determining whether to take action under this
17                   section, the Minister --
18                     (a) must take into account whether taking the
19                           action is in the public interest; and
20                     (b) is entitled to rely on the findings and
21                           recommendations in the report of the
22                           Commission under section 10K (4)(b) or (6)(b);
23                           and
24                     (c) is not required to give the wagering licensee a
25                           further opportunity to be heard or make
26                           submissions.
27             (3)   If the Minister remits a matter to the Commission
28                   under subsection (1)(b), the Commission is not
29                   required to give the wagering licensee a further
30                   opportunity to be heard or make submissions before
31                   taking action against the licensee under
32                   section 10K(4)(a).


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1      (4)   Cancellation, suspension or amendment of a wagering
2            licence under this section takes effect --
3              (a) when written notice is given to the wagering
4                    licensee; or
5              (b) on a later date specified in the notice.

6    10M.    Suspension of wagering licence
7      (1)   The Minister may, by written notice, suspend a
8            wagering licence under section 10L(1)(a)(ii) --
9             (a) until a date specified in the notice; or
10            (b) if the notice specifies it, until the Minister --
11                    (i) is satisfied that a direction under
12                         section 10K(5)(b) has been complied
13                         with; and
14                   (ii) notifies the wagering licensee in writing
15                         that the suspension has been lifted.
16     (2)   Alternatively, the Minister may partially suspend a
17           wagering licence (for example, in respect of the
18           conduct of a wagering service at a specified racecourse
19           or venue for a specified race or event) until --
20             (a) a date, as referred to in subsection (1)(a); or
21             (b) the happening of an occurrence referred to in
22                  subsection (1)(b).

23   10N.    Surrender of wagering licence
24     (1)   A wagering licensee may surrender the licensee's
25           wagering licence by giving written notice to the
26           Minister.
27     (2)   The surrender takes effect only if the Minister consents
28           to the surrender.




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1            10O.    Appointment of temporary licensee if wagering
2                    licence suspended, cancelled, surrendered
3              (1)   This section applies if --
4                     (a) a wagering licence is suspended, cancelled or
5                           surrendered; and
6                     (b) the Minister determines that --
7                              (i) another person (a temporary licensee),
8                                   and each associate of the temporary
9                                   licensee, is of good repute; and
10                            (ii) it is otherwise in the public interest to
11                                  make the appointment.
12             (2)   The Minister may, by notice in writing, appoint the
13                   temporary licensee to be a wagering licensee.
14             (3)   The provisions of this Act, other than sections 10, 10A,
15                   10C, 10K(4)(b) and (6)(b), 10L and 10M, apply, with
16                   the necessary modifications, to the temporary licensee
17                   as if the temporary licensee had been granted a
18                   wagering licence under section 10A.
19             (4)   The Minister may impose any conditions on the
20                   appointment as the Minister thinks fit.
21             (5)   The appointment ends when the first of these things
22                   occurs --
23                     (a) the period of 2 years after the appointment, or
24                          any shorter period specified in the appointment,
25                          ends;
26                    (b) in the case of a suspended wagering licence, the
27                          suspension ends;
28                     (c) the Minister terminates the appointment under
29                          subsection (6).
30             (6)   The Minister may terminate the appointment at any
31                   time, as the Minister thinks fit.


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1    10P.    Directions necessary for transitioning to new
2            wagering licence
3      (1)   The Minister may issue to a wagering licensee
4            (a former licensee) any directions necessary to enable
5            the Minister to --
6              (a) grant a wagering licence to another person
7                   under section 10A and provide for the transition
8                   to the other person of activities conducted
9                   under the wagering licence; or
10             (b) appoint a temporary licensee under section 10O
11                  and provide for the transition to the temporary
12                  licensee of activities conducted under the
13                  wagering licence.
14     (2)   The directions may be given at any time within 2 years
15           before or 2 years after the cancellation, surrender or
16           expiry, as the case requires, of the former licensee's
17           wagering licence.

18                  Division 5 -- Miscellaneous
19   10Q.    Wagering licence agreements
20     (1)   The Minister may enter into an agreement (a wagering
21           licence agreement) with an applicant for a wagering
22           licence, or the wagering licensee, in respect of matters
23           related to the licence.
24     (2)   The wagering licence may provide that a contravention
25           of a term of a wagering licence agreement is taken to
26           be a contravention of a condition of the licence and, in
27           that case, the contravention is taken to be a
28           contravention of a condition of the licence for the
29           purposes of determining under section 10K whether
30           there are grounds for disciplinary action against the
31           wagering licensee in relation to the licence.



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1            10R.    Minister may amend wagering licence on request
2              (1)   A wagering licensee may, by written request to the
3                    Minister, propose an amendment to the wagering
4                    licence.
5              (2)   The Minister must consult the Commission before
6                    deciding whether to grant or refuse the request.
7              (3)   The Minister must notify the wagering licensee in
8                    writing of the Minister's decision in relation to the
9                    request.
10             (4)   If the Minister decides to approve the requested
11                   amendment, the amendment takes effect --
12                     (a) when notice of the Minister's decision is given
13                           to the wagering licensee; or
14                     (b) on a later date specified in the notice.

15           10S.    Combined totalisator pool and fixed odds schemes
16             (1)   A wagering licensee may operate and participate with
17                   other persons approved by the Commission in a
18                   combined totalisator pool scheme or combined fixed
19                   odds scheme (a scheme) approved by the Commission.
20             (2)   Despite any provision of the regulations or rules of
21                   betting, and except as provided in subsections (4) and
22                   (5), the wagering licensee may, when participating in a
23                   scheme --
24                     (a) adopt and operate under any rules relating to
25                            the operation or administration of the scheme,
26                            including in relation to the amount deducted
27                            from a bet by way of commission under the
28                            scheme; or
29                     (b) with the approval of the Commission, make
30                            other arrangements for the administration of the
31                            scheme.


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1      (3)   The wagering licensee must ensure that a copy of any
2            rules adopted, or arrangements made, under
3            subsection (2), and any subsequent amendment to those
4            rules or arrangements, is --
5              (a) delivered to the Commission; and
6              (b) published in a manner approved by the
7                    Commission.
8      (4)   If the Commission determines that the adoption of any
9            rules under subsection (2)(a) or making of any
10           arrangements under subsection (2)(b) is, or will be,
11           detrimental to the public interest, the Commission may,
12           as the case requires and in accordance with the
13           regulations, direct the wagering licensee not to adopt
14           the rules or make the arrangements.
15     (5)   The wagering licensee must comply with the direction.

16   10T.    Engaging contractors and appointing agents to
17           assist wagering licensee
18     (1)   A wagering licence may authorise the wagering
19           licensee to engage a person on contract, or to appoint
20           an agent, to assist in the conduct of the wagering
21           business under the licence.
22     (2)   The engagement of a person, or the appointment of an
23           agent, by the wagering licensee does not affect any
24           function or obligation of the wagering licensee under
25           this Part, the wagering licence or a wagering licence
26           agreement.

27   10U.    Betting agencies
28     (1)   Except as provided in this section and section 10V, a
29           wagering licensee may establish agencies where bets
30           may be made with the wagering licensee.




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1              (2)   The wagering licensee must not establish a betting
2                    agency on a racecourse without the prior approval of
3                    the committee or other authority controlling the
4                    racecourse.
5              (3)   The wagering licensee may establish a betting agency
6                    in licensed premises in accordance with an approval
7                    under the Liquor Control Act 1988 section 119A.
8              (4)   The wagering licensee must not establish a betting
9                    agency unless it has given the Commission written
10                   notice of its intention to establish the agency.
11             (5)   A notice must be given in a form approved by the
12                   Commission.
13             (6)   A totalisator agency operating immediately before the
14                   day on which the TAB (Disposal) Act 2019 section 129
15                   comes into operation is, on and after that day, taken to
16                   be a betting agency for the purposes of this Act and
17                   subsection (4) does not apply to that agency.

18           10V.    Directions relating to betting agencies
19             (1)   If the Commission determines that the conduct of
20                   betting at a betting agency or a proposed betting
21                   agency is, or will be, detrimental to the public interest,
22                   the Commission may, as the case requires and in
23                   accordance with the regulations, direct the wagering
24                   licensee --
25                     (a) to close the betting agency; or
26                     (b) not to establish the betting agency.
27             (2)   The wagering licensee must comply with the direction.




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1    10W.    Wagering licensee to give notice to Commission
2            about certain matters
3      (1)   A wagering licensee must give to the Commission
4            written notice of the following --
5             (a) that the wagering licensee, or an associate or
6                    key employee of the wagering licensee, has
7                    been convicted of an offence under a written
8                    law other than this Act or the Gaming and
9                    Wagering Commission Act 1987 or under the
10                   law of another State, a Territory or the
11                   Commonwealth;
12            (b) that disciplinary action has been taken against
13                   the wagering licensee, or an associate or key
14                   employee of the wagering licensee, by an
15                   equivalent regulator to the Commission in
16                   another State or a Territory;
17            (c) any other prescribed matter.
18     (2)   For the purposes of subsection (1), the wagering
19           licensee must give the notice within 7 days of
20           becoming aware of the conviction, disciplinary action
21           or other matter.

22   10X.    Approval of associates of wagering licensee
23     (1)   In this section --
24           associate does not include a person referred to in
25           section 7(2)(c).
26     (2)   A wagering licensee must ensure that a person does
27           not --
28             (a) become an associate of the wagering licensee
29                 without the approval of the Commission; or
30            (b) remain an associate of the wagering licensee
31                 after the approval of the Commission in respect
32                 of the person has been withdrawn.


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1              (3)   A wagering licensee does not contravene
2                    subsection (2)(a) if --
3                      (a) the wagering licensee did not know, and could
4                           not reasonably have known, that the person
5                           would become an associate; and
6                      (b) as soon as practicable after the person becomes
7                           an associate, the wagering licensee --
8                              (i) notifies the Commission in writing of
9                                   the association; and
10                            (ii) describes the circumstances giving rise
11                                  to the association; and
12                           (iii) makes an application under
13                                  subsection (4) in respect of the person.
14             (4)   The wagering licensee may apply to the Commission
15                   for the approval of a person to become or remain an
16                   associate of the wagering licensee.
17             (5)   The application --
18                    (a) must be in the form approved by the
19                          Commission; and
20                    (b) must be accompanied by the prescribed fee (if
21                          any).
22             (6)   In determining the application, the Commission must
23                   consider whether the person is of good financial
24                   standing and good repute.
25             (7)   Before determining the application, the Commission
26                   may give written notice to the person in respect of
27                   whom the application is made, directing the person to
28                   cease or refrain from conduct affecting the good repute
29                   of the person.
30             (8)   If the Commission refuses to approve an associate
31                   referred to in subsection (3), or withdraws an approval
32                   in respect of an associate, the Commission must give


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1            written notice to the associate and the wagering
2            licensee directing them to terminate their association.
3      (9)   Without limiting subsection (8), the notice may --
4             (a) direct the associate to dispose of a financial
5                  interest in the wagering business of the
6                  wagering licensee; or
7             (b) direct the wagering licensee to remove the
8                  associate from a position from which the
9                  associate is able to exercise power over the
10                 wagering business of the wagering licensee.
11    (10)   An associate must comply with a direction under
12           subsection (8) or (9)(a).
13           Penalty for this subsection: a fine of $30 000.
14    (11)   A wagering licensee must, as soon as practicable,
15           notify the Commission if a person ceases to be an
16           associate of the wagering licensee.

17   10Y.    Commission may give directions to wagering
18           licensee in relation to wagering business
19     (1)   The Commission may give a direction to a wagering
20           licensee with respect to the following --
21             (a) systems of internal control and administrative
22                   and accounting procedures for the wagering
23                   business of the wagering licensee;
24             (b) a consumer protection policy.
25     (2)   A direction may be amended by the Commission as the
26           Commission thinks fit.
27     (3)   A direction, or an amendment of a direction, has effect
28           when written notice of it is given to the wagering
29           licensee or on a later date specified in the notice.
30     (4)   The controls and procedures referred to in a direction,
31           or in an amendment of a direction, may be described in

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1                    words or represented diagrammatically, or by a
2                    combination of both methods.
3              (5)   A power of approval, or other function, of the
4                    Commission specified in a direction may, if the
5                    direction allows it, be exercised or carried out by a
6                    person or body to whom it has been delegated under
7                    the Gaming and Wagering Commission Act 1987
8                    section 16.
9              (6)   A power or function exercised by a delegate under
10                   subsection (5) is as effective as if it were exercised by
11                   the Commission.

12           10Z.    Disclosure of certain information authorised
13                   For the purposes of the Gaming and Wagering
14                   Commission Act 1987 section 20(3), the following is,
15                   when authorised by the Commission, taken to be a
16                   function performed in connection with that Act --
17                     (a) the communication of information concerning a
18                           person's affairs to another regulatory body
19                           established, in Australia or elsewhere, in
20                           relation to the administration or control of
21                           betting or for law enforcement purposes;
22                     (b) the provision of statistical data relating to the
23                           operations of a wagering licensee, subject to the
24                           agreement of the wagering licensee;
25                     (c) compliance with a request by any person, in
26                           relation to the affairs of that person relating to
27                           betting under this Part.

28           10ZA.   Amount deducted as commission by wagering
29                   licensee
30             (1)   A wagering licensee may deduct from a bet received by
31                   the licensee an amount by way of commission.



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1      (2)   In relation to a bet with a totalisator, the amount must
2            be --
3              (a) an amount not exceeding that prescribed for the
4                     bet; or
5              (b) an amount determined under the rules or
6                     arrangements referred to in section 10S(2).
7      (3)   A wagering licensee must not deduct an amount from a
8            bet other than in accordance with this section.

9    10ZB.   Unclaimed moneys
10     (1)   In this section --
11           moneys means moneys payable by a wagering licensee
12           by way of totalisator dividends, fixed odds winnings or
13           refunds;
14           Sports Wagering Account means the account
15           established under the Gaming and Wagering
16           Commission Act 1987 section 110A;
17           unclaimed, in relation to moneys, means unclaimed by
18           any person entitled to them for 7 months after the
19           moneys become payable.
20     (2)   The wagering licensee must pay moneys unclaimed in
21           respect of bets made on sporting events into the Sports
22           Wagering Account not later than the last business day
23           of the month following the period of 7 months after the
24           moneys become payable.
25     (3)   When moneys are paid into the Sports Wagering
26           Account under subsection (2) --
27            (a) the moneys become part of the funds of that
28                 Account; and
29            (b) the person who was entitled to claim the
30                 moneys has no enforceable claim in respect of
31                 the moneys.


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1              (4)   The wagering licensee must pay moneys that remain
2                    unclaimed in respect of bets other than bets made on
3                    sporting events to RWA not later than the last business
4                    day of the month following the period of 7 months
5                    after the moneys become payable.
6              (5)   When moneys are paid to RWA under subsection (4),
7                    the person who was entitled to claim the moneys has
8                    no enforceable claim in respect of the moneys.

9            10ZC.   Authorisation for Competition and Consumer
10                   Act 2010 (Cth) and Competition Code
11             (1)   In this section --
12                   entering into an arrangement --
13                     (a) means entering into the arrangement, whether
14                            alone or with others; and
15                     (b) includes any discussions and negotiations in
16                            respect of the arrangement;
17                   giving effect to an arrangement includes --
18                     (a) complying with any obligation under the
19                            arrangement; and
20                     (b) exercising or enforcing any right or power
21                            under the arrangement;
22                   specified person means any of the following --
23                     (a) the Minister;
24                     (b) an applicant for a wagering licence, a wagering
25                            licensee or a temporary licensee appointed
26                            under section 10O;
27                     (c) RWA;
28                     (d) a licensed racing club;
29                     (e) related bodies corporate, as defined in the
30                            Corporations Act 2001 (Commonwealth), of
31                            the persons specified in paragraphs (a) to (d).


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1      (2)   For the purposes of the Competition and Consumer
2            Act 2010 (Commonwealth) and the Competition Code
3            of Western Australia, the following things are
4            authorised by this Act --
5              (a) the grant of a wagering licence or appointment
6                    of a temporary licensee under section 10O;
7              (b) conduct authorised or required by or under the
8                    conditions of a wagering licence or
9                    appointment of a temporary licensee under
10                   section 10O;
11             (c) the entering into, giving effect to, or
12                   amendment or enforcement, by specified
13                   persons of any of the following --
14                      (i) a wagering licence agreement;
15                     (ii) a racing industry arrangement;
16                    (iii) an arrangement associated with, and
17                           necessary or convenient for giving
18                           effect to, the RWA Act section 35(1);
19             (d) a prescribed arrangement or class of
20                   arrangement;
21             (e) an arrangement associated with, and necessary
22                   or convenient for giving effect to, a licence,
23                   appointment or arrangement referred to in this
24                   subsection.

25   10ZD.   Confidential police information
26     (1)   This section applies if --
27            (a) the Minister --
28                     (i) refuses to grant or extend a wagering
29                          licence; or
30                    (ii) amends, suspends or cancels a wagering
31                          licence;
32                  and


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1                        (b)   the decision to do so is made solely or partly on
2                              the basis of confidential police information as
3                              defined in the Gaming and Wagering
4                              Commission Act 1987 section 20A(1).
5                (2)    The Minister is not required to give any reasons for the
6                       decision other than that the decision is made in the
7                       public interest.
8


9    48.         Part 2 heading amended

10               In the heading to Part 2 delete "Licences," and insert:
11


12               Other licences,
13


14   49.         Section 11G amended
15               In section 11G(4):
16                 (a) in paragraph (c) delete "licence," and insert:
17

18                       licence; and
19

20                (b)    after paragraph (c) insert:
21

22                       (d)   the rules of betting,
23


24   50.         Section 12 amended
25         (1)   In section 12(3) delete "sporting".
26         (2)   In section 12(3a) and (3b) delete "supervise" and insert:
27

28               monitor
29



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1          (3)     Delete section 12(7) and insert:
2

3                  (7)   RWA must report to the Commission, as soon as is
4                        practicable, the result of any hearing or appeal
5                        conducted under the RWA Act relating to improper
6                        conduct on the part of a bookmaker, licensed manager
7                        or licensed employee.
8


9    51.           Part 3 heading amended

10                 In the heading to Part 3 delete "Levies" and insert:
11


12                 Bookmaking
13


14   52.           Section 14 inserted
15                 At the beginning of Part 3 insert:
16
17           14.         Bets transmitted from racing club to wagering
18                       licensee
19                 (1)   If a wagering licensee is conducting totalisator betting
20                       on a race, a racing club may transmit any bet received
21                       by the club on that race to the wagering licensee for
22                       inclusion in a totalisator pool conducted by the
23                       wagering licensee.
24                 (2)   The wagering licensee may --
25                        (a) include a bet received from a racing club in the
26                             totalisator pool; or
27                        (b) further transmit a bet received from a racing
28                             club to a totalisator pool operated under a
29                             combined totalisator pool scheme referred to in
30                             section 10S.
31



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1    53.          Section 14A deleted
2                 Delete section 14A.

3    54.          Section 17 amended
4                 In section 17 delete "sporting" (each occurrence).

5    55.          Section 17B amended
6          (1)    In section 17B(1) delete "subsection (3)" and insert:
7

8                 subsections (1A) and (3)
9

10         (2)    After section 17B(1) insert:
11

12               (1A)   A totalisator is not operated in accordance with an
13                      authorisation conferred by subsection (1) unless it is
14                      operated in accordance with this Act, the regulations
15                      and rules of betting.
16

17         (3)    In section 17B(9) delete "wagering as defined in the
18                RWWA Act." and insert:
19

20                betting.
21


22   56.          Sections 17E and 17EA deleted
23                Delete sections 17E and 17EA.

24   57.          Section 20 amended
25         (1)    In section 20(2):
26                  (a) delete paragraph (d);



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1                 (b)   delete paragraph (e) and insert:
2

3                        (e)   a betting agency or other premises of a
4                              wagering licensee.
5

6          (2)   In section 20(3)(a) and (b) delete "levy or".
7          (3)   In section 20(3):
8                  (a) delete paragraph (d) and insert:
9

10                      (d)    to audit records required to be kept under this
11                             Act;
12

13                (b)   in paragraph (e)(ii) delete "Act; or" and insert:
14

15                      Act;
16

17                (c)   delete paragraph (e)(iii);
18                (d)   delete paragraph (f) and insert:
19

20                       (f)   any other purpose relevant to the administration
21                             of this Act.
22


23   58.         Section 20A amended
24         (1)   In section 20A(7)(a) delete "Act or the RWWA".
25         (2)   In section 20A(7)(b) delete "levy or" (each occurrence).

26   59.         Section 20B amended
27         (1)   Delete section 20B(1)(b) and insert:
28

29                      (b)    a steward.
30



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1          (2)   Before section 20B(2)(a) insert:
2

3                       (aa)   a wagering licensee;
4


5    60.         Section 20C amended
6                In section 20C(2) delete "Act or the RWWA".

7    61.         Section 21 amended
8          (1)   In section 21(2)(d) delete "with or through RWWA" and insert:
9

10               with a wagering licensee
11

12         (2)   In section 21(3):
13                 (a) delete "A person to whom this subsection applies shall
14                       not knowingly -- " and insert:
15

16                      A person to whom this subsection applies must not --
17

18                (b)   in paragraph (c) delete "totalisator agency or any other
19                      area specifically in use for the lodging and receiving of
20                      bets by RWWA" and insert:
21

22                      betting agency or any other area specifically in use for
23                      the lodging and receiving of bets by a wagering licensee
24

25                (c)   in paragraphs (d) and (e) delete "any place" and insert:
26

27                      a betting agency or any other place
28




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                                                                                s. 62



1          (3)   Delete section 21(4)(a) and insert:
2

3                        (a)   in relation to a wagering licensee, officer,
4                              employee, contractor or agent of a wagering
5                              licensee, or employee of an agent of a wagering
6                              licensee; and
7


8    62.         Section 22 amended
9                In section 22(2):
10                 (a) in paragraph (a) delete "totalisator" and insert:
11

12                       betting
13

14                (b)    in paragraph (b) delete "with or through RWWA; or"
15                       and insert:
16

17                       with a wagering licensee; or
18

19                 (c)   in paragraph (d) delete "with or through RWWA" and
20                       insert:
21

22                       with a wagering licensee
23


24   63.         Section 22A amended
25               Delete section 22A(a)(iii) and insert:
26

27                             (iii)   with a wagering licensee;
28




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     s. 64



1    64.         Section 23 amended
2                In section 23(1):
3                  (a) in paragraph (c)(ii) delete "RWWA" (each occurrence)
4                        and insert:
5

6                       RWA
7

8                 (b)   delete paragraph (d)(ii) and insert:
9

10                              (ii)   with a wagering licensee in accordance
11                                     with this Act; or
12

13                (c)   in paragraph (e) delete "1987." and insert:
14

15                      1987; or
16

17                (d)   after paragraph (e) insert:
18

19                       (f)   the bet is an interstate or offshore bet made
20                             with an authorised person on a permitted
21                             contingency, as those terms are defined in
22                             section 27A(1).
23


24   65.         Section 24 amended
25         (1)   In section 24(1):
26                 (a) delete paragraphs (a) and (b) and insert:
27

28                      (a)    otherwise than under a licence, offers a fixed
29                             odds bet that is not --
30                               (i) an interstate or offshore bet as defined
31                                    in section 27A(1); or


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1                               (ii)   permitted gaming or social gambling as
2                                      defined in the Gaming and Wagering
3                                      Commission Act 1987 section 3(1);
4                              or
5                       (b)    makes a bet referred to in paragraph (a) with a
6                              person who is not the holder of a licence
7                              authorising the person to offer that bet; or
8

9                 (b)   in paragraph (c) before "bookmaker," insert:
10

11                      wagering licensee or
12

13         (2)   In section 24(2) in the definition of bets delete "any event;" and
14               insert:
15

16               a race, event or simulated race;
17


18   66.         Section 25 amended
19               In section 25(3):
20                 (a) delete "RWWA," and insert:
21

22                      a wagering licensee,
23

24                (b)   delete "RWWA nor" and insert:
25

26                      the wagering licensee nor
27




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     s. 67



1    67.       Sections 25A to 25E inserted
2              After section 25 insert:
3


4            25A.    Restrictions on publication and use of WA race
5                    fields
6                    A wagering service provider must not, in this State or
7                    elsewhere, publish, cause to be published, use or
8                    otherwise make available, a WA race field in the
9                    course of business unless --
10                     (a) the wagering service provider has obtained
11                          approval from RWA to publish, cause to be
12                          published, use or otherwise make available in
13                          the course of business, in this State or
14                          elsewhere, a WA race field (a publication and
15                          use approval); and
16                     (b) the wagering service provider complies with
17                          the conditions (if any) to which the publication
18                          and use approval is subject.
19                   Penalty: a fine of $5 000.

20           25B.    Application for WA race field publication and use
21                   approval
22             (1)   A wagering service provider may apply to RWA for a
23                   publication and use approval.
24             (2)   An application for a publication and use approval
25                   must --
26                    (a) be made within the time and in a form approved
27                          by RWA; and
28                    (b) contain or be accompanied by any additional
29                          information RWA requires.




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                                                                     s. 67



1    25C.    Publication and use approval
2      (1)   On an application under section 25B, RWA may grant
3            a publication and use approval.
4      (2)   RWA must --
5             (a) determine the application by either granting or
6                 refusing a publication and use approval; and
7             (b) notify the applicant in writing of RWA's
8                 decision to grant or refuse a publication and use
9                 approval.
10     (3)   A publication and use approval may be granted subject
11           to any conditions RWA thinks fit, including a condition
12           that the wagering service provider pay, in the manner
13           specified in the approval, a fee or a series of fees of an
14           amount or amounts --
15             (a) specified in the approval; or
16             (b) calculated in accordance with a formula or
17                   formulae specified in the approval.
18     (4)   Any fee that is payable as a condition of the approval is
19           a debt due to RWA and may be recovered in a court of
20           competent jurisdiction.
21     (5)   A publication and use approval --
22            (a) takes effect on the day specified by RWA in the
23                  approval; and
24            (b) remains in force for the period specified by
25                  RWA in the approval, unless revoked earlier
26                  under subsection (6).
27     (6)   At any time RWA, by written notice to the wagering
28           service provider, may --
29             (a) vary a publication and use approval (including
30                   by varying the conditions to which the approval
31                   is subject); or


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     s. 67



1                     (b)   revoke a publication and use approval for any
2                           reasonable cause stated by RWA in the notice
3                           of revocation.

4            25D.    Review by State Administrative Tribunal
5              (1)   A wagering service provider may apply to the State
6                    Administrative Tribunal for review of a decision of
7                    RWA --
8                     (a) to refuse an application by the wagering service
9                          provider for a publication and use approval; or
10                    (b) to impose a condition on a publication and use
11                         approval (other than a condition relating to the
12                         payment of a fee or series of fees) granted to
13                         the wagering service provider; or
14                    (c) to vary or revoke a publication and use
15                         approval (other than by varying a condition
16                         relating to the payment of a fee or series of
17                         fees) granted to the wagering service provider.
18             (2)   An application for review must be made within 28 days
19                   after the later of --
20                     (a) the day on which the decision was made; or
21                     (b) if, under the State Administrative Tribunal
22                           Act 2004 section 21, a wagering service
23                           provider requests a statement of reasons for the
24                           decision, the day on which --
25                              (i) the statement of reasons is provided to
26                                    the wagering service provider; or
27                             (ii) the wagering service provider is
28                                    informed under section 23(2) of that Act
29                                    that a statement of reasons is not going
30                                    to be provided.




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                                                                                s. 68



1          25E.         Authorisation for Competition and Consumer
2                       Act 2010 (Cth) and Competition Code
3                       For the purposes of the Competition and Consumer
4                       Act 2010 (Commonwealth) and the Competition Code,
5                       the following things are authorised by this Act --
6                         (a) any arrangement entered into between RWA
7                               and any corresponding body of another State or
8                               a Territory in relation to the appointment of an
9                               agent to collect fees, or the collection by the
10                              agent or bodies of fees, that are payable to
11                              those bodies in relation to the publication or use
12                              of a WA race field;
13                        (b) the conduct of bodies and any agent in
14                              negotiating and entering an arrangement under
15                              paragraph (a);
16                        (c) the conduct of bodies and any agent in
17                              performing an arrangement under
18                              paragraph (a).
19


20   68.     Section 27 amended
21           In section 27:
22             (a) in paragraph (a)(i) delete "RWWA" (each occurrence)
23                   and insert:
24

25                       RWA
26

27                (b)    delete paragraph (d).




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     TAB (Disposal) Bill 2019
     Part 6         Betting Control Act 1954 amended

     s. 69



1    69.         Section 27A amended
2          (1)   Delete section 27A(1) and insert:
3
4                (1)   In this section --
5                      authorised person means --
6                        (a) a person authorised under the law of another
7                               State or a Territory to engage in or conduct
8                               betting on races or events, or contingencies
9                               relating to races or events; or
10                       (b) an offshore betting operator granted an
11                              exemption by the Commission under this
12                              section;
13                     interstate or offshore bet means a bet made --
14                       (a) on a race or event, or contingency relating to a
15                              race or event; and
16                       (b) by telephone or electronically by means of the
17                              internet, subscription television or any other
18                              online communications system; and
19                       (c) with a person who --
20                                 (i) is outside the State (including a person
21                                      who is outside Australia); and
22                                (ii) is not the holder of a licence under this
23                                      Act;
24                     permitted contingency means --
25                       (a) a contingency relating to a race or event on
26                              which betting may be conducted under the rules
27                              of betting; or
28                       (b) a race or event, or contingency relating to a
29                              race or event, (other than a prohibited race,
30                              event or contingency) on which betting is
31                              permitted by the laws of another State or a
32                              Territory.
33



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                                                                                 s. 70



1          (2)   In section 27A(2) before "offshore" insert:
2

3                interstate or
4

5          (3)   In section 27(2A) and (2C) delete "an event or contingency that
6                is not a permitted event or" and insert:
7

8                a race, event or contingency that is not a permitted
9


10   70.         Section 27D deleted
11               Delete section 27D.

12   71.         Section 27E deleted
13               Delete section 27E.

14   72.         Section 27F deleted
15               Delete section 27F.

16   73.         Section 28C amended
17               In section 28C:
18                 (a) in paragraphs (a) and (b) delete "totalisator" and insert:
19

20                       betting
21

22                 (b)   in paragraph (c) delete "totalisator agency sells or offers
23                       to sell any totalisator ticket purporting to be issued by
24                       RWWA; or" and insert:
25

26                       betting agency sells or offers to sell any totalisator ticket
27                       purporting to be issued by a wagering licensee; or
28




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     TAB (Disposal) Bill 2019
     Part 6         Betting Control Act 1954 amended

     s. 74



1    74.       Sections 28E to 29 replaced
2              Delete sections 28E to 29 and insert:
3


4            28E.    Penalty for totalisator officers accepting
5                    instructions as to investments on totalisators
6              (1)   In this section --
7                    totalisator officer means --
8                      (a) an officer, employee, contractor or agent of a
9                             wagering licensee, or employee of an agent of a
10                            wagering licensee; or
11                     (b) an officer, employee or agent of a racing club
12                            using a totalisator, or any other person
13                            employed in connection with a totalisator.
14             (2)   Except as provided in section 28F, a totalisator officer
15                   commits an offence if the officer accepts or acts on any
16                   telegraphic, telephonic or radiographic request,
17                   instructions or directions relating to investments on that
18                   totalisator, whether the request, instructions or
19                   directions are received on a racecourse or elsewhere.
20                   Penalty for this subsection: a fine of $1 000.

21           28F.    Non-application of s. 28D and 28E
22             (1)   The provisions of sections 28D and 28E do not
23                   apply --
24                     (a) to a wagering licensee, officer, employee,
25                          contractor or agent of a wagering licensee, or
26                          employee of an agent of a wagering licensee, in
27                          respect of any bet properly made with the
28                          wagering licensee in accordance with this Act;
29                          or
30                     (b) to an officer, employee or agent of a racing
31                          club using a totalisator, or any other person


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                                                                                   s. 75



1                                employed in connection with a totalisator, in
2                                respect of the transmission to a totalisator of
3                                bets referred to in paragraph (a).
4                  (2)   Despite any other written law, it is lawful to do any of
5                        the following --
6                          (a) communicate information to a betting agency
7                                for or in connection with the payment or
8                                crediting of dividends to persons making bets
9                                with a wagering licensee from --
10                                  (i) a racecourse; or
11                                 (ii) a venue at which an event, on or in
12                                       relation to which betting is approved
13                                       under section 4B, is held;
14                         (b) broadcast information as to the amount of
15                               totalisator dividends payable on any race or
16                               event on which bets have been made through or
17                               with the wagering licensee, after those
18                               dividends have been declared on the totalisator
19                               or by the wagering licensee.

20           29.         Penalty for providing credit
21                       A wagering licensee, officer, employee, contractor or
22                       agent of a wagering licensee, or employee of an agent
23                       of a wagering licensee who accepts a bet with the
24                       wagering licensee involving the provision of credit by
25                       the wagering licensee commits an offence.
26                       Penalty: a fine of $5 000.
27

28   75.           Section 30 amended
29         (1)     In section 30(1) delete "regulations or the Rules of Betting
30                 prescribed" and insert:
31
32                 regulations or rules of betting
33


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     TAB (Disposal) Bill 2019
     Part 6         Betting Control Act 1954 amended

     s. 76



1          (2)    In section 30(2)(a) delete "regulations or Rules of Betting
2                 prescribed; or" and insert:
3

4                 regulations or rules of betting; or
5


6    76.          Section 31 amended
7          (1)    Delete section 31(1)(h) and insert:
8

9                         (h)   bet on anything other than --
10                                (i) a race or contingency relating to a race;
11                                      or
12                               (ii) an event in respect of which betting is
13                                      approved under section 4B(2) or a
14                                      contingency relating to the event.
15

16         (2)    In section 31(2) delete "regulations or the Rules of Betting
17                prescribed," and insert:
18

19                regulations or rules of betting,
20


21   77.          Section 32A amended
22         (1)    At the beginning of section 32A insert:
23

24               (1A)   This section does not apply to a wagering licence or a
25                      wagering licensee.
26

27         (2)    In section 32A(2)(b)(i) delete "regulations or the Rules of
28                Betting prescribed; or" and insert:
29
30                regulations or rules of betting; or
31


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                                                                               s. 78



1    78.         Section 33 replaced
2                Delete section 33 and insert:
3


4          33.         Regulations
5                (1)   The Governor may make regulations prescribing all
6                      matters that are required or permitted by this Act to be
7                      prescribed or are necessary or convenient to be
8                      prescribed for giving effect to the purposes of this Act.
9                (2)   Without limiting subsection (1), regulations may be
10                     made in relation to the following --
11                      (a) provide for betting under this Act on races,
12                            events, contingencies relating to races or
13                            events, or simulated races, the recording of the
14                            bets, and the liabilities arising out of the bets;
15                      (b) provide for the functions of stewards and other
16                            RWA officers in exercising the function under
17                            the RWA Act section 35(1)(aa);
18                      (c) provide for the establishment of betting
19                            agencies;
20                      (d) provide for --
21                               (i) the licensing of bookmakers; and
22                              (ii) the licensing of bookmakers'
23                                    employees; and
24                             (iii) the licensing of a manager of a
25                                    bookmaker that is a body corporate or a
26                                    partnership; and
27                             (iv) the classification of bookmakers'
28                                    licences; and
29                              (v) terms and conditions upon which
30                                    bookmakers' licences, or respective
31                                    classes of bookmakers' licences, may be


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     TAB (Disposal) Bill 2019
     Part 6         Betting Control Act 1954 amended

     s. 78



1                                obtained and which must be observed
2                                by the holders of the licences; and
3                          (vi) payments to the Commission of, and
4                                amounts payable as, fees in respect of
5                                licences and applications for
6                                bookmakers' licences or respective
7                                classes of licences, and for different
8                                amounts to be payable in respect of
9                                different classes of licences; and
10                        (vii) the variation, suspension and
11                               cancellation of bookmakers' licences,
12                               and the grounds upon which
13                               bookmakers' licences may be varied,
14                               suspended or cancelled; and
15                       (viii) the requirement for bookmakers to keep
16                               accounts and records and furnish
17                               particulars of their betting transactions,
18                               and prescribing the form of betting
19                               tickets authorised to be used, the
20                               manner of cancellation of betting
21                               tickets, the particulars to be entered in
22                               the betting books and other matters
23                               relevant to those accounts, records and
24                               particulars; and
25                         (ix) the prohibition or restriction of
26                               advertising by bookmakers, their agents,
27                               employees and licensed managers; and
28                          (x) the requirement for bookmakers to give
29                               security for the due observance of this
30                               Act and the regulations, and of the terms
31                               and conditions of their licences;
32                   (e) provide for --
33                           (i) payments to the Commission of, and
34                               amounts payable as, fees in respect of
35                               permits within the meaning of

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         Betting Control Act 1954 amended            Part 6

                                                      s. 78



1             section 4A and applications for those
2             permits; and
3      (ii)   the conduct of persons and their agents
4             and employees under this Act; and
5     (iii)   the authorisation, regulation and control
6             of betting by the use of totalisators and
7             betting with a wagering licensee or a
8             betting agency, any authorisation under
9             this Act to possess and operate a
10            totalisator, and any applicable licensing,
11            commission or fees; and
12    (iv)    the payment and charges in respect of
13            matters other than licences or
14            applications for licences; and
15     (v)    the supply and use of betting material;
16            and
17    (vi)    the kinds of bet that may be made or
18            accepted; and
19   (vii)    the authorisation of the possession and
20            operation of totalisators by racing clubs
21            and, generally, for the duties of racing
22            clubs in relation to the administration of
23            this Act; and
24   (viii)   the general administration of this Act;
25            and
26    (ix)    the imposition of a monetary penalty for
27            breach of a regulation, or breach of a
28            term or condition of a licence under this
29            Act, not greater than the amount
30            prescribed as a general penalty under
31            section 30.
32




                                                   page 83
     TAB (Disposal) Bill 2019
     Part 6         Betting Control Act 1954 amended

     s. 79



1    79.           Section 34 inserted
2                  After section 33 insert:
3


4            34.         Savings and transitional provision for TAB
5                        (Disposal) Act 2019
6                  (1)   In this section --
7                        commencement day means the day on which the TAB
8                        (Disposal) Act 2019 section 53 comes into operation;
9                        deletion means deletion by the TAB (Disposal)
10                       Act 2019;
11                       section means a section of this Act as in operation
12                       immediately before the commencement day.
13                 (2)   Despite the deletion of section 14A, the section
14                       continues in operation on and after the commencement
15                       day in relation to a bet placed before the
16                       commencement day.
17


18   80.           Various references to "race course" amended
19                 In the provisions listed in the Table delete "race course" (each
20                 occurrence) and insert:
21

22                 racecourse
23

24                                            Table
       s. 4(1) def. of approved area             s. 4A(1)(c)

       s. 11A(5)(a)                              s. 11B(10)(a)

       s. 11C(7)(a)                              s. 11D(5)(b) and (6)(a)



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                               Betting Control Act 1954 amended            Part 6

                                                                                  s. 80



    s. 12(1), (3), (3a), (3b), (4), (4a),    s. 12A(1a) and (2)(a)
    (5) and (6)

    s. 17B(1), (4) and (9)                   s. 20(2)(a)

    s. 20B(2)(d)                             s. 23(1)(c)(ii) and (iii)

    s. 27(a)(i) and (ii)                     s. 31(1)(ii)

    s. 32(1) and (2)(a)

1          Note: The headings to the amended sections listed in the Table are to read as
2                 set out in the Table.

3                                        Table
             Amended section                       Section heading
            s. 5                  Legalisation of betting
            s. 12                 Bookmaking on racecourses
            s. 20                 Entry and inspection of racecourses and
                                  certain other premises
            s. 23                 Prohibition of betting unless in accordance
                                  with this Act
            s. 28C                Offences in respect of conducting betting
                                  agencies
            s. 32A                Disciplinary powers for licensees other than
                                  wagering licensee




                                                                              page 85
     TAB (Disposal) Bill 2019
     Part 7         Casino (Burswood Island) Agreement Act 1985 amended

     s. 81



1    Part 7 -- Casino (Burswood Island) Agreement Act 1985
2                         amended
3    81.         Act amended
4                This Part amends the Casino (Burswood Island) Agreement
5                Act 1985.

6    82.         Section 3 amended
7          (1)   In section 3 insert in alphabetical order:
8

9                        Fifteenth Supplementary Agreement means the
10                       Fifteenth Supplementary Agreement, a copy of which
11                       is set out in Schedule 16;
12

13         (2)   In section 3 in the definition of Agreement:
14                 (a) in paragraph (b)(vi) delete "Agreement;" and insert:
15

16                        Agreement; and
17

18                 (b)    after paragraph (b)(vi) insert:
19

20                              (vii)   the Fifteenth Supplementary
21                                      Agreement;
22


23   83.         Section 4G inserted
24               After section 4F insert:
25


26           4G.         Fifteenth Supplementary Agreement ratified and
27                       implementation authorised
28               (1)     The Fifteenth Supplementary Agreement is ratified and
29                       its implementation is authorised.

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           Casino (Burswood Island) Agreement Act 1985 amended            Part 7

                                                                               s. 84



1             (2)    Without limiting or otherwise affecting the application
2                    of the Government Agreements Act 1979, the Fifteenth
3                    Supplementary Agreement is to operate and take effect
4                    despite any other Act or law.
5


6    84.      Schedule 16 inserted
7             After Schedule 15 insert:
8


9          Schedule 16 -- Fifteenth Supplementary Agreement
10                                                                             [s. 3]
11                       Casino (Burswood Island) Agreement
12                  FIFTEENTH SUPPLEMENTARY AGREEMENT
13         THIS AGREEMENT made the 7th day of May 2019
14         BETWEEN:
15         THE HONOURABLE PAUL PAPALIA MLA, the Minister of the
16         Crown for the time being charged with the administration of the
17         Casino Control Act 1984 acting for and on behalf of the State of
18         Western Australia and its instrumentalities from time to time
19         ("the State")
20         AND
21         BURSWOOD NOMINEES LIMITED (ACN 078 250 307) of 201
22         Great Eastern Highway, Burswood in the State of Western Australia
23         as trustee of the Burswood Property Trust ("the Trustee")
24         AND
25         BURSWOOD RESORT (MANAGEMENT) LIMITED
26         (ACN 009 396 945) of 201 Great Eastern Highway, Burswood in the
27         State of Western Australia as manager of the Burswood Property Trust
28         ("the Manager").




                                                                         page 87
     TAB (Disposal) Bill 2019
     Part 7         Casino (Burswood Island) Agreement Act 1985 amended

     s. 84



1            RECITALS:
2            A.   The State, the Trustee (by virtue of the West Australian
3                 Trustees Limited (Merger) Act 1989) and the Manager (by
4                 virtue of a deed of retirement and appointment of manager
5                 made on 13 August 1990 and a deed of assumption and
6                 covenant made on 13 November 1991) are parties to an
7                 agreement dated 20 February 1985 ratified by and scheduled to
8                 the Casino (Burswood Island) Agreement Act 1985 as amended
9                 by:
10                (a) the Supplementary Agreement made on
11                    14 September 1987;
12                (b) the Second Supplementary Agreement made on
13                    3 May 1990;
14                (c) the Third Supplementary Agreement made on
15                    13 November 1991;
16                (d) the Fourth Supplementary Agreement made on
17                    30 March 1992;
18                (e) the Fifth Supplementary Agreement made on 3 April 1995;
19                (f) the Sixth Supplementary Agreement made on
20                    22 June 1996;
21                (g) the Seventh Supplementary Agreement made on
22                    9 June 1997;
23                (h) the Eighth Supplementary Agreement made on
24                    18 June 2003;
25                (i) the Ninth Supplementary Agreement made on
26                    23 November 2005;
27                (j) the Tenth Supplementary Agreement made on
28                    2 November 2006;
29                (k) the Eleventh Supplementary Agreement made on
30                    28 March 2007;
31                (l) the Twelfth Supplementary Agreement made on
32                    12 May 2011;


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     Casino (Burswood Island) Agreement Act 1985 amended            Part 7

                                                                             s. 84



1          (m) the Thirteenth Supplementary Agreement made on
2              16 March 2015; and
3          (n) the Fourteenth Supplementary Agreement made on
4              6 October 2016,
5          which agreement as so amended is referred to in this Agreement
6          as "the State Agreement".
7    B.    The parties have agreed to further amend the State Agreement
8          for the purpose of more efficiently or satisfactorily
9          implementing or facilitating its objectives.
10   THE PARTIES AGREE AS FOLLOWS:
11   1.    Definitions and Interpretation
12         Words and expressions defined in the State Agreement when
13         used in this Agreement have, unless the context otherwise
14         requires, the same meanings as in the State Agreement and the
15         provisions of clause 2 of the State Agreement as to
16         interpretation apply to this Agreement.
17   2.    Variation and Operation
18         (a)   The State shall introduce and sponsor a Bill in the
19               Parliament of Western Australia to ratify this Agreement
20               and endeavour to secure its passage as an Act.
21         (b)   The provisions of this Agreement other than this clause
22               and clause 1 shall not come into operation until:
23               (i)    the Bill referred to in sub-clause (a) has been
24                      passed by the Parliament of Western Australia and
25                      comes into operation as an Act; and
26               (ii)   the ratification provisions of the Bill referred to in
27                      sub-clause (a) come into operation.
28         (c)   On the said Bill commencing to operate as an Act and the
29               ratification provisions of the said Bill coming into
30               operation, this Agreement shall operate and take effect
31               according to its terms notwithstanding the provisions of
32               any Act or law of Western Australia.



                                                                         page 89
     TAB (Disposal) Bill 2019
     Part 7         Casino (Burswood Island) Agreement Act 1985 amended

     s. 84



1            3.   Clause 2 amended
2                 Clause 2 of the State Agreement is amended by:-
3                 (a)   inserting after the definition of "Authorised Game" the
4                       following definition:-
5                            ""Betting Agency" has the meaning ascribed to that
6                            term in the Betting Control Act 1954;"
7                 (b)   inserting after the definition of "Scheme Act" the
8                       following definition:-
9                            ""Simulated Race" means a game -
10                              (a) that consists of animated images of a
11                                  thoroughbred race, harness race or
12                                  greyhound race; and
13                              (b) the outcome of which is only determined by
14                                  a random number generator that draws a set
15                                  of numbers from a larger set of numbers,
16                              and "Simulated Races" has an equivalent
17                              meaning."
18                (c)   inserting after the definition of "Unit Holder" the
19                      following definition:-
20                           ""Wagering Licence" means a licence granted
21                           pursuant to Part 1A of the Betting Control
22                           Act 1954;"
23           4.   Clause 22 amended
24                Clause 22 of the State Agreement is amended by:-
25                (a)   amending subclause (5)(d) by deleting the words "the
26                      racing club." and replacing them with "the racing club;";
27                      and




     page 90
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     Casino (Burswood Island) Agreement Act 1985 amended            Part 7

                                                                           s. 84



1          (b)   inserting after subclause (5)(d) the following clause:-
2                 "(e)   limit or affect the power of the State to authorise
3                        permit or approve the playing of and the conduct
4                        of wagering and betting on Simulated Races
5                        pursuant to a Wagering Licence provided that:
6                        (i) the State does not authorise the operation at
7                            the same time of more than one Wagering
8                            Licence for Simulated Races; and
9                        (ii) the Wagering Licence only authorises
10                            permits or approves in relation to Simulated
11                            Races:
12                            (A)   wagering and betting on Simulated
13                                  Races by persons within, and not by
14                                  persons outside, the physical premises
15                                  of a Betting Agency located within the
16                                  State;
17                            (B)   the playing and conduct of wagering
18                                  and betting on Simulated Races within
19                                  the hours of operation authorised by
20                                  the Wagering Licence which will not
21                                  exceed:
22                                  (I) in respect of a Betting Agency
23                                      within premises licensed under
24                                      the Liquor Control Act 1988, the
25                                      "permitted hours" for those
26                                      premises within the meaning
27                                      given in the Liquor Control
28                                      Act 1988; and
29                                  (II) in respect of any other Betting
30                                       Agency, 14 hours in any 24 hour
31                                       period; and
32                            (C)   Simulated Races which are for a
33                                  minimum period of time (expressed in
34                                  seconds), and which are separated by
35                                  a minimum period of time (expressed


                                                                       page 91
     TAB (Disposal) Bill 2019
     Part 7         Casino (Burswood Island) Agreement Act 1985 amended

     s. 84



1                                             in minutes or seconds), neither of
2                                             which is less than the equivalent
3                                             minimum period which is imposed on
4                                             the Trustee for Simulated Races."
5

6            AS WITNESS the execution of this Agreement by or on behalf of the
7            parties the day and year first hereinbefore written.
8
9            SIGNED by THE HONOURABLE                   )
10           PAUL PAPALIA MLA for and on                )
11           behalf of the State of Western Australia   )
12           Australia in the presence of:              )
13
14                                                      P Papalia
15           Signature of witness                       Signature of
16                                                      THE HONOURABLE
17                                                      PAUL PAPALIA MLA
18           Joy Edith Turvey
19           Name of Witness
20


21           THE COMMON SEAL of                         )
22           BURSWOOD NOMINEES LIMITED                  )
23           (ACN 078 250 307) was hereunto             )        D.S.
24           affixed by authority of the Board of       )
25           Directors in the presence of:              )
26
27           Signature of authorised person             Signature of authorised person
28
29           Director                                   Secretary
30           Office held                                Office held
31
32           Barry John Felstead                        Joshua Robert Preston
33           Name of authorised person                  Name of authorised person
34




     page 92
                                                  TAB (Disposal) Bill 2019
     Casino (Burswood Island) Agreement Act 1985 amended            Part 7

                                                                        s. 84



1    THE COMMON SEAL of                     )
2    BURSWOOD RESORT                        )
3    (MANAGEMENT) LIMITED                   )
4    (ACN 009 396 945) was hereunto         )        C.S.
5    affixed by authority of the Board      )
6    of Directors in the presence of:       )
7

8
9    Signature of authorised person         Signature of authorised person
10
11   Director                               Secretary
12   Office held                            Office held
13
14   Barry John Felstead                    Joshua Robert Preston
15   Name of authorised person              Name of authorised person
16




                                                                   page 93
     TAB (Disposal) Bill 2019
     Part 8         Gaming and Wagering Commission Act 1987 amended

     s. 85



1     Part 8 -- Gaming and Wagering Commission Act 1987
2                         amended
3    85.         Act amended
4                This Part amends the Gaming and Wagering Commission
5                Act 1987.

6    86.         Section 3 amended
7          (1)   In section 3(1) delete the definitions of:
8                event
9                RWWA
10               RWWA Act
11         (2)   In section 3(1) insert in alphabetical order:
12

13                     prescribed means prescribed in the regulations;
14                     wagering licensee has the meaning given in the Betting
15                     Control Act 1954 section 4(1);
16


17   87.         Section 6 amended
18               In section 6(4)(b) delete "the RWWA Act,".

19   88.         Section 7 amended
20               In section 7(1):
21                 (a) in paragraph (a)(ii) delete "1954 and the RWWA Act,"
22                       and insert:
23

24                       1954,
25




     page 94
                                                          TAB (Disposal) Bill 2019
                 Gaming and Wagering Commission Act 1987 amended            Part 8

                                                                                  s. 89



1                   (b)    in paragraph (da) delete "RWWA Act" and insert:
2

3                          Betting Control Act 1954
4


5    89.           Section 8 amended
6          (1)     In section 8(2):
7                    (a) in paragraph (c)(iiia) delete "events," and insert:
8

9                          an event as defined in the Betting Control Act 1954
10                         section 4(1) or a race,
11

12                  (b)    in paragraph (d)(iii) delete "casinos; and" and insert:
13

14                         casinos;
15

16                   (c)   delete paragraph (d)(iv).
17         (2)     After section 8(2)(d)(i) insert:
18

19                                (ia)   approvals of associates of wagering
20                                       licensees under the Betting Control
21                                       Act 1954 section 10X; and
22                                (ib)   licences of key employees of wagering
23                                       licensees under regulations made under
24                                       the Betting Control Act 1954 section 8;
25                                       and
26


27   90.           Section 18 amended
28         (1)     In section 18(3) delete "Act, the RWWA" (each occurrence).




                                                                               page 95
     TAB (Disposal) Bill 2019
     Part 8         Gaming and Wagering Commission Act 1987 amended

     s. 91



1          (2)   In section 18(4):
2                  (a) in paragraph (a) delete "1954, the RWWA Act" and
3                        insert:
4

5                       1954
6

7                 (b)   in paragraph (ca)(i) delete "1954 or the RWWA Act; or"
8                       and insert:
9

10                      1954; or
11

12   91.         Section 20 amended
13               In section 20(3) delete "Act, the RWWA".

14   92.         Section 20A amended
15               In section 20A(1) in the definition of relevant Act delete "1954,
16               the RWWA Act" and insert:
17

18               1954
19

20   93.         Section 24 amended
21               Delete section 24(b) and insert:
22
23                      (b)    ensure the proper and lawful exercise of the
24                             following --
25                                (i) a permit granted under this Act;
26                               (ii) a permit or licence granted by the
27                                    Commission under any other Act;
28                              (iii) a wagering licence as defined in the
29                                    Betting Control Act 1954 section 4(1);
30                             and
31


     page 96
                                                          TAB (Disposal) Bill 2019
                 Gaming and Wagering Commission Act 1987 amended            Part 8

                                                                                s. 94



1    94.           Section 40A amended
2                  Delete section 40A(c).

3    95.           Section 43A amended
4          (1)     In section 43A(3):
5                    (a) delete paragraph (a);
6                    (b) in paragraph (da) delete "betting on events; or" and
7                          insert:
8

9                         betting; or
10

11                  (c)   delete paragraph (d) and insert:
12

13                        (d)    any other prescribed person or prescribed class
14                               of person,
15

16         (2)     Delete section 43A(4).

17   96.           Section 64 amended
18                 In section 64(3):
19                   (a) after paragraph (a) insert:
20

21                        (aa)   is a wagering licensee; or
22

23                  (b)   in paragraph (c) delete "(a) or paragraph (b)," and insert:
24

25                        (a), (aa) or (b),
26




                                                                             page 97
     TAB (Disposal) Bill 2019
     Part 8         Gaming and Wagering Commission Act 1987 amended

     s. 97



1    97.         Section 80 amended
2                In section 80(1)(a)(ii) delete "by RWWA under the RWWA
3                Act" and insert:
4

5                under the Racing Western Australia Act 2003
6


7    98.         Section 93A amended
8          (1)   In section 93A in the definition of public premises
9                paragraph (a) delete "totalisator agency as defined in the Racing
10               and Wagering Western Australia Act 2003 section 3(1); or" and
11               insert:
12

13               betting agency as defined in the Betting Control Act 1954
14               section 4(1); or
15

16         (2)   In section 93A in the definition of remote gambling device
17               delete "bet on an event or contingency." and insert:
18

19               bet.
20


21   99.         Part VA deleted
22               Delete Part VA.




     page 98
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            Gaming and Wagering Commission Act 1987 amended            Part 8

                                                                           s. 100



1    100.     Section 109E inserted
2             At the beginning of Part VI insert:
3


4           109E.   Commission's functions as to complaints about
5                   wagering licensee
6             (1)   In this section --
7                   wagering licensee includes an officer, employee,
8                   contractor or agent of a wagering licensee, or employee
9                   of an agent of a wagering licensee.
10            (2)   The Commission or an authorised officer may --
11                   (a) receive, investigate and deal with complaints
12                        from members of the public with respect to any
13                        aspect of the gambling operations of a wagering
14                        licensee under the Betting Control Act 1954;
15                        and
16                   (b) advise the complainant of the result of the
17                        complaint.
18            (3)   For the purposes of subsection (2), the Commission
19                  and an authorised officer have, and may exercise in
20                  relation to the wagering licensee, like powers to those
21                  conferred on the Commission or an authorised officer,
22                  as the case may be, in relation to --
23                    (a) gambling under this Act; and
24                    (b) persons, premises or things relating to
25                          gambling.
26            (4)   If a member of the Police Force or other person acts in
27                  aid of an authorised officer at the request of that
28                  officer, the person so acting is taken whilst so acting to
29                  have, and to be authorised to exercise, the powers
30                  conferred by this section.




                                                                         page 99
     TAB (Disposal) Bill 2019
     Part 8         Gaming and Wagering Commission Act 1987 amended

     s. 101



1               (5)   Nothing in this section limits the operation of the
2                     Betting Control Act 1954 sections 20 to 20C.
3


4    101.       Section 110 amended
5               In section 110(1)(a) delete "wagering conducted in accordance
6               with the RWWA Act or".

7    102.       Section 110A amended
8               In section 110A(1) delete "RWWA under section 104 of the
9               RWWA Act" and insert:
10

11              a wagering licensee under the Betting Control Act 1954
12              section 10ZB
13


14   103.       Section 110B deleted
15              Delete section 110B.

16   104.       Section 113 inserted
17              After section 112 insert:
18


19            113.    Savings and transitional provisions for TAB
20                    (Disposal) Act 2019
21              (1)   In this section --
22                    commencement day means the day on which the TAB
23                    (Disposal) Act 2019 section 103 comes into operation;
24                    deletion means deletion by the TAB (Disposal)
25                    Act 2019;
26                    section means a section of this Act as in operation
27                    immediately before the commencement day.



     page 100
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     Gaming and Wagering Commission Act 1987 amended            Part 8

                                                                s. 104



1      (2)   Despite the deletion of section 110B, the section
2            continues in operation on and after the commencement
3            day in relation to a bet placed before the
4            commencement day as if references in that section to
5            RWWA were to RWA.
6      (3)   The Racing Bets Levy Account established under
7            section 110B is closed when all moneys standing to the
8            credit of the account have been applied in accordance
9            with the section.
10




                                                             page 101
     TAB (Disposal) Bill 2019
     Part 9         Racing and Wagering Western Australia Act 2003 amended
     Division 1     Preliminary
     s. 105



1        Part 9 -- Racing and Wagering Western Australia
2                      Act 2003 amended
3                            Division 1 -- Preliminary
4    105.       Act amended
5               This Part amends the Racing and Wagering Western Australia
6               Act 2003.

7     Division 2 -- Provisions commencing on day after assent day
8    106.       Section 3 amended
9       (1)     In section 3(1) delete the definitions of:
10              WAGRA
11              WATA
12              WATC
13      (2)     In section 3(1) insert in alphabetical order:
14

15                    Racing Infrastructure Fund means the Racing
16                    Infrastructure Fund established by the TAB (Disposal)
17                    Act 2019 section 27;
18                    wagering licensee has the meaning given in the Betting
19                    Control Act 1954 section 4(1).
20

21      (3)     In section 3(1) in the definition of harness racing delete "the
22              Australian Harness Racing Council," and insert:
23

24              Harness Racing Australia,
25




     page 102
                                                       TAB (Disposal) Bill 2019
       Racing and Wagering Western Australia Act 2003 amended            Part 9
                  Provisions commencing on day after assent day     Division 2
                                                                         s. 107



1    107.     Section 10 amended
2       (1)   In section 10(1) delete "if the person is --" and insert:
3

4                     if the person is any of the following --
5

6       (2)   After section 10(1)(c) insert:
7

8                    (ca)   a wagering licensee, officer, employee, agent or
9                           associate of a wagering licensee, or a person
10                          employed in a betting agency, as those terms
11                          are defined in the Betting Control Act 1954
12                          section 4(1);
13

14      (3)   In section 10(1)(j) delete "Corporations Act 2001 of the
15            Commonwealth." and insert:
16

17                    Corporations Act.
18


19   108.     Section 19 amended
20            In section 19(1) in the Penalty delete "Penalty:" and insert:
21

22            Penalty for this subsection: a fine of
23


24   109.     Section 35 amended
25            In section 35(1):
26              (a) after paragraph (ba) insert:
27

28                  (bb)    to enter into a racing industry arrangement, as
29                          defined in the Betting Control Act 1954
30                          section 10H(1), with the wagering licensee;
31


                                                                         page 103
     TAB (Disposal) Bill 2019
     Part 9         Racing and Wagering Western Australia Act 2003 amended
     Division 2     Provisions commencing on day after assent day
     s. 110



1                (b)   after paragraph (f) insert:
2

3                      (fa)   to coordinate an annual programme of race
4                             meetings; and
5                      (fb)   to administer the Racing Infrastructure Fund;
6                             and
7


8    110.       Section 36 amended
9               In section 36(3) delete "WATC" and insert:
10

11              The body known as The Western Australian Turf Club
12


13   111.       Section 37 amended
14              In section 37(3) delete "WATA" and insert:
15

16              The Western Australian Trotting Association constituted under
17              the Western Australian Trotting Association Act 1946
18


19   112.       Section 38 amended
20              In section 38(3) delete "WAGRA" and insert:
21

22              The Western Australian Greyhound Racing Association
23              established under the Western Australian Greyhound Racing
24              Association Act 1981
25




     page 104
                                                       TAB (Disposal) Bill 2019
       Racing and Wagering Western Australia Act 2003 amended            Part 9
                  Provisions commencing on day after assent day     Division 2
                                                                         s. 113



1    113.    Section 46 amended
2            In section 46(3) in the Penalty delete "Penalty:" and insert:
3

4            Penalty for this subsection: a fine of
5


6    114.    Section 68 amended
7            After section 68(2)(a) insert:
8

9                   (aa)   investment strategies and planned allocations
10                         from the Racing Infrastructure Fund;
11


12   115.    Section 77 amended
13           After section 77(2)(b) insert:
14

15                  (ba)   planned fund allocations from the Racing
16                         Infrastructure Fund;
17


18   116.    Section 113 amended
19           In section 113(5) in the Penalty delete "Penalty:" and insert:
20

21           Penalty for this subsection: a fine of
22


23   117.    Section 115 amended
24           In section 115 in the Penalty delete "Penalty:" and insert:
25

26           Penalty: a fine of
27




                                                                      page 105
     TAB (Disposal) Bill 2019
     Part 9         Racing and Wagering Western Australia Act 2003 amended
     Division 3     Provisions relating to commencement of wagering licence
     s. 118



1    118.       Schedule 2 amended
2               In Schedule 2 clause 4 in the Penalty delete "Penalty:" and
3               insert:
4

5               Penalty: a fine of
6


7    Division 3 -- Provisions relating to commencement of wagering
8                                licence
9    119.       Long title replaced
10              Delete the long title and insert:
11
12          An Act to establish Racing Western Australia and for
13          related matters.
14


15   120.       Short title amended
16              Section 1 of the principal Act is amended by deleting "and
17              Wagering".

18   121.       Section 3 amended
19      (1)     In section 3(1) delete the definitions of:
20              combined totalisator pool scheme
21              fixed odds wager
22              gambling
23              gambling operations
24              gaming
25              rules of wagering
26              RWWA
27              sporting event
28              Sports Wagering Account


     page 106
                                                       TAB (Disposal) Bill 2019
       Racing and Wagering Western Australia Act 2003 amended            Part 9
        Provisions relating to commencement of wagering licence     Division 3
                                                                         s. 122



1             totalisator
2             totalisator agency
3             totalisator ticket
4             wagering
5       (2)   In section 3(1) insert in alphabetical order:
6

7                   RWA means the body corporate called Racing Western
8                   Australia that is established by section 4;
9


10   122.     Section 10 amended
11            Delete section 10(1)(c) and (i).

12   123.     Section 14 deleted
13            Delete section 14.

14   124.     Section 24 deleted
15            Delete section 24.

16   125.     Section 29 amended
17            Delete section 29(1) and insert:
18

19            (1)   RWA in performing its functions must act in
20                  accordance with prudent commercial principles.
21


22   126.     Section 31 amended
23            Delete section 31(2).




                                                                     page 107
     TAB (Disposal) Bill 2019
     Part 9         Racing and Wagering Western Australia Act 2003 amended
     Division 3     Provisions relating to commencement of wagering licence
     s. 127



1    127.       Section 35 amended
2       (1)     In section 35(1):
3                 (a) delete "Parts 3 and 5," and insert:
4

5                      Part 3,
6

7                (b)   after paragraph (a) insert:
8

9                      (aa)   to monitor whether betting by bookmakers and
10                            racing club totalisators is being conducted in
11                            accordance with the Betting Control Act 1954
12                            and, if it is not, to report this to the
13                            Commission; and
14

15               (c)   delete paragraph (f);
16               (d)   after paragraph (fb) insert:
17

18                     (fc)   to develop and implement a scheme for the
19                            distribution of funds to racing clubs; and
20                     (fd)   to enter into funding arrangements with
21                            individual racing clubs; and
22

23      (2)     In section 35(2) delete "meetings on its own behalf." and insert:
24

25              meetings.
26


27   128.       Section 45 amended
28              In section 45(6)(e) delete "wagers" and insert:
29

30              bets
31



     page 108
                                                       TAB (Disposal) Bill 2019
       Racing and Wagering Western Australia Act 2003 amended            Part 9
        Provisions relating to commencement of wagering licence     Division 3
                                                                         s. 129



1    129.     Part 5 deleted
2             Delete Part 5.

3    130.     Section 68 amended
4             Delete section 68(2)(a) and insert:
5

6                  (a)    revenue strategies, productivity levels, financial
7                         requirements, capital expenditure and personnel
8                         requirements; and
9


10   131.     Section 86 deleted
11            Delete section 86.

12   132.     Section 99 deleted
13            Delete section 99.

14   133.     Part 7 Division 5 heading amended

15            In the heading to Part 7 Division 5 delete "in      relation to
16            wagering".
17   134.     Sections 103 and 104 deleted
18            Delete sections 103 and 104.

19   135.     Section 106 replaced
20            Delete section 106 and insert:
21


22          106.         Allocation of RWA's funds
23            (1)        For the racing year commencing on 1 August
24                       immediately following the day on which the TAB
25                       (Disposal) Act 2019 section 129 comes into operation,
26                       and for each subsequent racing year, RWA must pay or

                                                                               page 109
     TAB (Disposal) Bill 2019
     Part 9         Racing and Wagering Western Australia Act 2003 amended
     Division 3     Provisions relating to commencement of wagering licence
     s. 136



1                     credit the balance of its funds in accordance with this
2                     section after paying the following --
3                       (a) the respective amounts, required for the time
4                              being, to a reserve account opened under
5                              section 90;
6                       (b) any grants or loans payable to racing clubs
7                              under section 92;
8                       (c) any amount required to be paid under the
9                              Racing Penalties (Appeals) Act 1990
10                             section 24;
11                      (d) all other outgoings and expenses incurred by
12                             RWA under this Act.
13              (2)   The balance of the funds is to be paid or credited by
14                    RWA, in such amounts as it determines, to the
15                    following --
16                      (a) thoroughbred racing clubs registered with
17                           RWA;
18                      (b) harness racing clubs registered with RWA;
19                      (c) greyhound racing clubs registered with RWA.
20              (3)   The funds may be paid or credited by periodical or
21                    other payment in such manner and at such times as
22                    RWA determines.
23


24   136.       Section 113 amended
25              Delete section 113(3)(b) to (d) and insert:
26

27                     (b)    a racecourse.
28


29   137.       Section 116 deleted
30              Delete section 116.


     page 110
                                                       TAB (Disposal) Bill 2019
       Racing and Wagering Western Australia Act 2003 amended            Part 9
        Provisions relating to commencement of wagering licence     Division 3
                                                                         s. 138



1    138.     Section 120 deleted
2             Delete section 120.

3    139.     Section 121 amended
4       (1)   Delete section 121(2)(a), (b) and (g).
5       (2)   Delete section 121(3) and (4).

6    140.     Section 122 replaced
7             Delete section 122 and insert:
8


9           122.    Transitional and savings provisions for TAB
10                  (Disposal) Act 2019
11            (1)   In this section --
12                  commencement day means the day on which the TAB
13                  (Disposal) Act 2019 section 129 comes into operation;
14                  deletion means deletion by the TAB (Disposal)
15                  Act 2019;
16                  former section means a section of this Act as in
17                  operation immediately before the commencement day.
18            (2)   Racing Western Australia established by section 4 is a
19                  continuation of, and the same legal person as, Racing
20                  and Wagering Western Australia established by former
21                  section 4.
22            (3)   Despite the deletion of former section 86, the section
23                  continues in operation on and after the commencement
24                  day until the day that is 7 years after the
25                  commencement day.
26            (4)   Despite the deletion of former section 106, the section
27                  continues in operation on and after the commencement
28                  day in relation to the racing year commencing on
29                  1 August 2006 and each subsequent racing year up to


                                                                     page 111
     TAB (Disposal) Bill 2019
     Part 9         Racing and Wagering Western Australia Act 2003 amended
     Division 3     Provisions relating to commencement of wagering licence
     s. 141



1                       and including the racing year ending on 31 July
2                       immediately following the day on which the TAB
3                       (Disposal) Act 2019 section 129 comes into operation.
4               (5)     Despite the deletion of former section 116, the section
5                       continues in operation on and after the commencement
6                       day in relation to a wager that was accepted by or on
7                       behalf of RWWA before the commencement day.
8


9    141.       Schedule 1 amended
10      (1)     Delete Schedule 1 clause 2(1)(e).
11      (2)     In Schedule 1 clause 4(3) delete "10, 13 and 14" and insert:
12

13              10 and 13
14


15   142.       Various references to "Racing and Wagering Western
16              Australia" amended
17              In the provisions listed in the Table:
18                (a) delete "RWWA" (each occurrence) and insert:
19

20                       RWA
21

22               (b)     delete "RWWA's" (each occurrence) and insert:
23

24                       RWA's
25

26                (c)    delete "Racing and Wagering           Western
27                       Australia" and insert:
28

29                       Racing Western Australia
30



     page 112
                                                     TAB (Disposal) Bill 2019
     Racing and Wagering Western Australia Act 2003 amended            Part 9
      Provisions relating to commencement of wagering licence     Division 3
                                                                       s. 142



1            (d)       delete "Racing and Wagering Western Australia" and
2                      insert:
3

4                      Racing Western Australia
5

6             (e)      delete "RWWA" and insert:
7

8                      RWA
9

10            (f)      delete "RWWA" and insert:
11

12                     RWA
13

14           (g)       delete "RWWA's" and insert:
15

16                     RWA's
17

18           (h)       delete "RWWA" (each occurrence) and insert:
19

20                     RWA
21

22                                    Table
     s. 3(1) def. of board                s. 3(1) def. of CEO

     s. 3(1) def. of greyhound racing     s. 3(1) def. of subsidiary

     s. 3(2) and (3)                      Pt. 2 heading

     s. 4                                 s. 5

     s. 6                                 s. 7



                                                                       page 113
TAB (Disposal) Bill 2019
Part 9         Racing and Wagering Western Australia Act 2003 amended
Division 3     Provisions relating to commencement of wagering licence
s. 142




  s. 10                              s. 12

  s. 13                              s. 17

  s. 18                              s. 19

  s. 20                              s. 21A

  s. 21B                             s. 21

  s. 22                              s. 23

  Pt. 3 heading                      s. 26

  s. 27                              s. 28

  s. 30                              s. 31

  s. 32                              s. 33

  s. 35                              s. 36

  s. 37                              s. 38

  s. 39                              s. 40

  s. 41                              s. 42

  s. 43                              s. 44

  s. 45                              s. 46

  s. 48                              s. 49

  s. 66                              s. 71

  s. 75                              s. 77



page 114
                                                    TAB (Disposal) Bill 2019
    Racing and Wagering Western Australia Act 2003 amended            Part 9
     Provisions relating to commencement of wagering licence     Division 3
                                                                      s. 142



    s. 81                              s. 82

    s. 83                              s. 83(5) def. of information

    s. 84                              s. 85

    s. 87                              s. 88

    s. 89                              s. 90

    s. 91                              s. 92

    s. 94                              s. 95

    s. 96                              s. 97

    s. 98                              s. 100

    s. 101                             s. 107B

    s. 108                             Pt. 8 Div. 1 heading

    s. 109                             s. 110

    s. 111                             s. 112

    s. 118                             s. 119

    s. 121                             Sch. 1 heading

    Sch. 1 cl. 2, 7 and 8              Sch. 2 cl. 1, 3, 4, 5, 6, 7, 8, 13
                                       and 14

    Sch. 3 cl. 1 and 2
1




                                                                     page 115
     TAB (Disposal) Bill 2019
     Part 9         Racing and Wagering Western Australia Act 2003 amended
     Division 4     Provisions relating to new race field regime
     s. 143



1               Note: The headings to the amended sections listed in the Table are to read as
2                      set out in the Table.

3                                             Table
                 Amended section                        Section heading
                 s. 4                  Racing Western Australia established
                 s. 5                  RWA not an agent of the Crown
                 s. 6                  RWA and officers not part of public sector
                 s. 21A                Remuneration of CEO while RWA is not a
                                       Government entity
                 s. 21B                Remuneration of CEO while RWA is a
                                       Government entity
                 s. 27                 RWA can act at its discretion
                 s. 31                 Use of names for RWA and its operations
                 s. 43                 Directions by RWA
                 s. 44                 Other disciplinary action that may be taken by
                                       RWA
                 s. 46                 Production of racing club records to RWA
                 s. 81                 Directions to RWA
                 s. 88                 Accounts
                 s. 92                 RWA may lend or grant money to racing clubs
                                       and allied bodies
                 s. 109                People dealing with RWA may make
                                       assumptions
                 s. 118                Execution of documents by RWA


4       Division 4 -- Provisions relating to new race field regime
5    143.       Section 35 amended
6               Before section 35(1)(g) insert:
7

8                         (fe)   to exercise the functions under the Betting
9                                Control Act 1954 section 25C in relation to the
10                               approval of the publication and use of WA race



     page 116
                                                         TAB (Disposal) Bill 2019
       Racing and Wagering Western Australia Act 2003 amended              Part 9
                     Provisions relating to new race field regime     Division 4
                                                                           s. 144



1                          fields, including the collection of fees for those
2                          purposes; and
3


4    144.     Section 107A replaced
5             Delete section 107A and insert:
6


7           107A.   Race field fees account
8             (1)   Moneys paid to, or recovered by, RWA under the
9                   Betting Control Act 1954 section 25C must be paid into
10                  an account (the race field fees account) maintained
11                  under section 88 for the sole purpose of dealing with
12                  those moneys under this section.
13            (2)   Moneys in the race field fees account may be applied
14                  for the purpose of the payment of RWA's outgoings
15                  and expenses in administering the account and any
16                  remainder must be paid or credited by RWA, in such
17                  amounts as it determines, to --
18                    (a) thoroughbred racing clubs registered
19                          with RWA; and
20                    (b) harness racing clubs registered with RWA; and
21                    (c) greyhound racing clubs registered with RWA.
22




                                                                       page 117
     TAB (Disposal) Bill 2019
     Part 10        Repeal and consequential amendments to other Acts

     s. 145



1      Part 10 -- Repeal and consequential amendments to
2                         other Acts
3    145.       Anzac Day Act 1960 amended
4       (1)     This section amends the Anzac Day Act 1960.
5       (2)     In section 4(1) delete "and Wagering".

6    146.       Constitution Acts Amendment Act 1899 amended
7       (1)     This section amends the Constitution Acts Amendment Act 1899.
8       (2)     In Schedule V Part 3 in the item relating to the board of Racing
9               and Wagering Western Australia:
10                (a) delete "and Wagering";
11                (b) delete "and Wagering".

12   147.       Criminal Organisations Control Act 2012 amended
13      (1)     This section amends the Criminal Organisations Control
14              Act 2012.
15      (2)     In section 80(1)(h) delete "and Wagering".

16   148.       Dog Act 1976 amended
17      (1)     This section amends the Dog Act 1976.
18      (2)     In section 7(3)(d) delete "and Wagering".
19      (3)     In section 30(3)(a) delete "and Wagering".
20      (4)     In section 33(2)(b) delete "and Wagering".

21   149.       Financial Management Act 2006 amended
22      (1)     This section amends the Financial Management Act 2006.
23      (2)     In Schedule 1 in the item "Racing and Wagering Western
24              Australia" delete "and Wagering".



     page 118
                                                      TAB (Disposal) Bill 2019
              Repeal and consequential amendments to other Acts       Part 10

                                                                         s. 150



1    150.     Gaming and Betting (Contracts and Securities) Act 1985
2             amended
3       (1)   This section amends the Gaming and Betting (Contracts and
4             Securities) Act 1985.
5       (2)   In the Schedule delete the item "Racing and Wagering Western
6             Australia Act 2003" and insert:
7

8                   Betting Control Act 1954
9


10   151.     Parliamentary Commissioner Act 1971 amended
11      (1)   This section amends the Parliamentary Commissioner Act 1971.
12      (2)   In Schedule 1 in the Table in the row relating to Racing and
13            Wagering Western Australia:
14              (a) delete "and Wagering";
15              (b) delete "and Wagering".

16   152.     Public Sector Management Act 1994 amended
17      (1)   This section amends the Public Sector Management Act 1994.
18      (2)   In Schedule 1 item 16:
19              (a) delete "and Wagering";
20              (b) delete "and Wagering".

21   153.     Racing Bets Levy Act 2009 repealed
22            The Racing Bets Levy Act 2009 is repealed.

23   154.     Racing Penalties (Appeals) Act 1990 amended
24      (1)   This section amends the Racing Penalties (Appeals) Act 1990.
25      (2)   In section 3(1) delete the definitions of:
26            RWWA
27            RWWA Act

                                                                     page 119
     TAB (Disposal) Bill 2019
     Part 10        Repeal and consequential amendments to other Acts

     s. 154



1       (3)     In section 3(1) insert in alphabetical order:
2

3                     RWA means Racing Western Australia established
4                     under the RWA Act;
5                     RWA Act means the Racing Western Australia
6                     Act 2003;
7

8       (4)     In section 3(1) in the definition of bookmaker delete "licence"
9               and insert:
10

11              bookmaker's licence
12

13      (5)     In the provisions listed in the Table delete "RWWA" (each
14              occurrence) and insert:
15

16              RWA
17

18                                        Table
       s. 3(1) def. of steward                s. 3(2)

       s. 12(1), (2) and (3)                  s. 13(1)

       s. 14(1)                               s. 15(1) and (2)

       s. 16(3)(d)(ia) and (4)                s. 17(7) and (9)

       s. 19(1) and (2)(a)                    s. 24(3) and (4)

       s. 25(2)(a)                            Sch. it. 3(2)(d)




     page 120
                                                      TAB (Disposal) Bill 2019
              Repeal and consequential amendments to other Acts       Part 10

                                                                          s. 155



1    155.     Racing Restriction Act 2003 amended
2       (1)   This section amends the Racing Restriction Act 2003.
3       (2)   In section 3(1) delete the definition of RWWA Act and insert:
4

5                   RWA Act means the Racing Western Australia
6                   Act 2003.
7


8       (3)   In the heading to Part 4 delete "RWWA" and insert:
9


10            RWA
11

12      (4)   In the provisions listed in the Table delete "RWWA" (each
13            occurrence) and insert:
14

15            RWA
16

17                                        Table
       s. 4                                    s. 5

       s. 6                                    s. 7(2)(b)

       s. 12(1) to (4), (6) and (7)            s. 13

18            Note: The heading to amended section 12 is to read:
19                  Non-thoroughbred racing -- RWA licence

20   156.     Salaries and Allowances Act 1975 amended
21      (1)   This section amends the Salaries and Allowances Act 1975.
22      (2)   In Schedule 2 in the item relating to RWWA:
23              (a) delete "RWWA as defined" and insert:
24


                                                                     page 121
     TAB (Disposal) Bill 2019
     Part 10        Repeal and consequential amendments to other Acts

     s. 157



1                       RWA as defined
2

3                (b)    delete "and Wagering" (each occurrence);
4                (c)    delete "RWWA." (each occurrence) and insert:
5

6                       RWA.
7


8    157.       Statutory Corporations (Liability of Directors) Act 1996
9               amended
10      (1)     This section amends the Statutory Corporations (Liability of
11              Directors) Act 1996.
12      (2)     In Schedule 1 in the Table in the row relating to Racing and
13              Wagering Western Australia:
14                (a) delete "and Wagering";
15                (b) delete "and Wagering".

16   158.       The Western Australian Turf Club Act 1892 amended
17      (1)     This section amends The Western Australian Turf Club
18              Act 1892.
19      (2)     In section 13(6) delete "and Wagering".

20   159.       Western Australian Greyhound Racing Association Act 1981
21              amended
22      (1)     This section amends the Western Australian Greyhound Racing
23              Association Act 1981.
24      (2)     In section 4 delete the definitions of:
25              RWWA
26              RWWA Act
27      (3)     In section 4 insert in alphabetical order:



     page 122
                                                      TAB (Disposal) Bill 2019
              Repeal and consequential amendments to other Acts       Part 10

                                                                           s. 160



1

2                   RWA means Racing Western Australia established
3                   under the RWA Act;
4                   RWA Act means the Racing Western Australia
5                   Act 2003;
6

7       (4)   In the provisions listed in the Table delete "RWWA" (each
8             occurrence) and insert:
9

10            RWA
11

12                                     Table
       s. 4 def. of licensed                s. 4 def. of registered

       s. 4 def. of rules of racing         s. 5(6)

13   160.     Workers' Compensation and Injury Management Act 1981
14            amended
15      (1)   This section amends the Workers' Compensation and Injury
16            Management Act 1981.
17      (2)   In section 11A(1) in the definitions of licensed facility, licensed
18            jockey, licensed trainer and registered club delete "and
19            Wagering".
20      (3)   In section 11(3)(a) and (b) delete "and Wagering".
21      (4)   In section 159 in the definition of deemed worker paragraph (c)
22            delete "and Wagering" (each occurrence).




                                                                        page 123
     TAB (Disposal) Bill 2019
     Part 11        Review of Act

     s. 161



1                          Part 11 -- Review of Act
2    161.       Review of Act
3       (1)     The Minister must review the operation and effectiveness of
4               this Act, and prepare a report based on the review, as soon as
5               practicable after the 3rd anniversary of the day on which the TAB
6               (Disposal) Act 2019 section 129 comes into operation.
7       (2)     The review must address the following --
8                (a) the impact of this Act on the State's racing industry
9                      including its funding;
10               (b) the structure and functions of Racing Western Australia
11                     established under the Racing Western Australia
12                     Act 2003 (RWA);
13               (c) the efficacy of the administration of the Racing
14                     Infrastructure Fund by RWA under section 27;
15               (d) the impact of simulated racing on problem gambling.
16      (3)     The Minister must cause the report to be laid before each House
17              of Parliament as soon as practicable after it is prepared, but not
18              later than 12 months after the 3rd anniversary.

19




     page 124
                                                                                 TAB (Disposal) Bill 2019



                                                                                                      Defined terms



                                         Defined terms
      [This is a list of terms defined and the provisions where they are defined.
                             The list is not part of the law.]
Defined term                                                                                               Provision(s)
acquirer ........................................................................................................... 3, 30
applicable written law .................................................................................... 32(1)
asset.......................................................................................................................3
bound recipient .............................................................................................. 25(1)
business day ................................................................................................... 16(5)
company ................................................................................................................3
corporate vehicle ...................................................................................................3
dispose of ..............................................................................................................3
disposer ........................................................................................................... 3, 30
liability ..................................................................................................................3
net proceeds ................................................................................................... 26(1)
on land ............................................................................................................. 5(1)
private entity .................................................................................................. 16(1)
publication day ............................................................................................... 36(1)
purposes ................................................................................................................3
record ............................................................................................................. 20(1)
relevant official .............................................................................................. 21(1)
relevant record ............................................................................................... 20(1)
right .......................................................................................................................3
RWWA .................................................................................................................3
RWWA Act...........................................................................................................3
section 8 disposal ..................................................................................................3
specified ......................................................................................................... 17(1)
State tax ......................................................................................................... 33(1)
statutory corporation ...................................................................................... 16(1)
TAB ......................................................................................................................3
TAB asset..............................................................................................................3
the State ......................................................................................................... 36(1)
transfer order .............................................................................................. 3, 16(2)
transfer time ..........................................................................................................3
transferee .................................................................................................... 3, 16(2)
transferor .................................................................................................... 3, 16(2)




 


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