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This is a Bill, not an Act. For current law, see the Acts databases.
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 16 128--2 page i 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 page ii TAB (Disposal) Bill 2019 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 page iii TAB (Disposal) Bill 2019 Contents 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 page iv TAB (Disposal) Bill 2019 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 page v 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 page vi TAB (Disposal) Bill 2019 Contents 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 page vii 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 page 29 TAB (Disposal) Bill 2019 Part 6 Betting Control Act 1954 amended s. 40 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 page 30 TAB (Disposal) Bill 2019 Betting Control Act 1954 amended Part 6 s. 40 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). page 31 TAB (Disposal) Bill 2019 Part 6 Betting Control Act 1954 amended s. 41 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. page 32 TAB (Disposal) Bill 2019 Betting Control Act 1954 amended Part 6 s. 42 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). page 33 TAB (Disposal) Bill 2019 Part 6 Betting Control Act 1954 amended s. 44 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 page 34 TAB (Disposal) Bill 2019 Betting Control Act 1954 amended Part 6 s. 45 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. page 35 TAB (Disposal) Bill 2019 Part 6 Betting Control Act 1954 amended s. 46 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. page 36 TAB (Disposal) Bill 2019 Betting Control Act 1954 amended Part 6 s. 47 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 page 37 TAB (Disposal) Bill 2019 Part 6 Betting Control Act 1954 amended s. 47 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 page 38 TAB (Disposal) Bill 2019 Betting Control Act 1954 amended Part 6 s. 47 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. page 39 TAB (Disposal) Bill 2019 Part 6 Betting Control Act 1954 amended s. 47 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; page 40 TAB (Disposal) Bill 2019 Betting Control Act 1954 amended Part 6 s. 47 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. page 41 TAB (Disposal) Bill 2019 Part 6 Betting Control Act 1954 amended s. 47 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. page 42 TAB (Disposal) Bill 2019 Betting Control Act 1954 amended Part 6 s. 47 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 page 43 TAB (Disposal) Bill 2019 Part 6 Betting Control Act 1954 amended s. 47 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. page 44 TAB (Disposal) Bill 2019 Betting Control Act 1954 amended Part 6 s. 47 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. page 45 TAB (Disposal) Bill 2019 Part 6 Betting Control Act 1954 amended s. 47 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 page 46 TAB (Disposal) Bill 2019 Betting Control Act 1954 amended Part 6 s. 47 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); page 47 TAB (Disposal) Bill 2019 Part 6 Betting Control Act 1954 amended s. 47 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. page 48 TAB (Disposal) Bill 2019 Betting Control Act 1954 amended Part 6 s. 47 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. page 49 TAB (Disposal) Bill 2019 Part 6 Betting Control Act 1954 amended s. 47 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). page 50 TAB (Disposal) Bill 2019 Betting Control Act 1954 amended Part 6 s. 47 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. page 51 TAB (Disposal) Bill 2019 Part 6 Betting Control Act 1954 amended s. 47 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. page 52 TAB (Disposal) Bill 2019 Betting Control Act 1954 amended Part 6 s. 47 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. page 53 TAB (Disposal) Bill 2019 Part 6 Betting Control Act 1954 amended s. 47 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. page 54 TAB (Disposal) Bill 2019 Betting Control Act 1954 amended Part 6 s. 47 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. page 55 TAB (Disposal) Bill 2019 Part 6 Betting Control Act 1954 amended s. 47 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. page 56 TAB (Disposal) Bill 2019 Betting Control Act 1954 amended Part 6 s. 47 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. page 57 TAB (Disposal) Bill 2019 Part 6 Betting Control Act 1954 amended s. 47 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 page 58 TAB (Disposal) Bill 2019 Betting Control Act 1954 amended Part 6 s. 47 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 page 59 TAB (Disposal) Bill 2019 Part 6 Betting Control Act 1954 amended s. 47 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. page 60 TAB (Disposal) Bill 2019 Betting Control Act 1954 amended Part 6 s. 47 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. page 61 TAB (Disposal) Bill 2019 Part 6 Betting Control Act 1954 amended s. 47 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). page 62 TAB (Disposal) Bill 2019 Betting Control Act 1954 amended Part 6 s. 47 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 page 63 TAB (Disposal) Bill 2019 Part 6 Betting Control Act 1954 amended s. 48 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 page 64 TAB (Disposal) Bill 2019 Betting Control Act 1954 amended Part 6 s. 51 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 page 65 TAB (Disposal) Bill 2019 Part 6 Betting Control Act 1954 amended s. 53 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); page 66 TAB (Disposal) Bill 2019 Betting Control Act 1954 amended Part 6 s. 58 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 page 67 TAB (Disposal) Bill 2019 Part 6 Betting Control Act 1954 amended s. 60 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 page 68 TAB (Disposal) Bill 2019 Betting Control Act 1954 amended Part 6 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 page 69 TAB (Disposal) Bill 2019 Part 6 Betting Control Act 1954 amended 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 page 70 TAB (Disposal) Bill 2019 Betting Control Act 1954 amended Part 6 s. 66 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 page 71 TAB (Disposal) Bill 2019 Part 6 Betting Control Act 1954 amended 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. page 72 TAB (Disposal) Bill 2019 Betting Control Act 1954 amended Part 6 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 page 73 TAB (Disposal) Bill 2019 Part 6 Betting Control Act 1954 amended 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. page 74 TAB (Disposal) Bill 2019 Betting Control Act 1954 amended Part 6 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). page 75 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 page 76 TAB (Disposal) Bill 2019 Betting Control Act 1954 amended Part 6 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 page 77 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 page 78 TAB (Disposal) Bill 2019 Betting Control Act 1954 amended Part 6 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 page 79 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 page 80 TAB (Disposal) Bill 2019 Betting Control Act 1954 amended Part 6 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 page 81 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 page 82 TAB (Disposal) Bill 2019 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) page 84 TAB (Disposal) Bill 2019 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. page 86 TAB (Disposal) Bill 2019 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; page 88 TAB (Disposal) Bill 2019 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 TAB (Disposal) Bill 2019 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 TAB (Disposal) Bill 2019 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 TAB (Disposal) Bill 2019 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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