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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Acts Amendment (Fixed Odds Betting) Bill 1999
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Totalisator Agency Board Betting
Act 1960 amended
3. The Act amended 3
4. Long title amended 3
5. Part heading inserted 3
6. Section 3 amended 3
7. Part heading inserted 4
8. Section 4 amended 4
9. Section 4A inserted 5
10 . Section 14A repealed 5
11 . Section 15 amended 5
12 . Part 3 inserted 6
13 . Part heading inserted 15
14 . Section 19A amended 15
15 . Section 22 amended 15
16 . Part 5 inserted 16
17 . Part heading inserted 19
18 . Section 25 amended 19
19 . Section 26 amended 20
page i
21--1
Acts Amendment (Fixed Odds Betting) Bill 1999
Contents
20 . Section 26A inserted 20
21 . Section 27 amended 20
22 . Sections 27A and 27B inserted 21
23 . Section 28 amended 24
24 . Part heading inserted 24
25 . Section 33 amended 24
26 . Section 36 amended 24
27 . Section 40 amended 25
28 . Section 56A inserted 25
29 . Section 57 amended 26
Part 3 -- Betting Control Act 1954 amended
30 . The Act amended 27
31 . Section 4 amended 27
32 . Section 17E amended 27
33 . Section 17EA inserted 27
34 . Section 21 amended 28
35 . Section 23 amended 29
36 . Section 29 inserted 29
Part 4 -- Racecourse Development Act 1976
amended
37 . Section 10 amended 30
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Acts Amendment (Fixed Odds Betting) Bill 1999
A Bill for
An Act to amend --
• the Totalisator Agency Board Betting Act 1960;
• the Betting Control Act 1954; and
• the Racecourse Development Act 1976,
for the purpose of facilitating the conduct of fixed odds betting by
the TAB.
The Parliament of Western Australia enacts as follows:
page 1
Acts Amendment (Fixed Odds Betting) Bill 1999
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Acts Amendment (Fixed Odds
Betting) Act 1999.
5 2. Commencement
This Act comes into operation on a day fixed by proclamation.
page 2
Acts Amendment (Fixed Odds Betting) Bill 1999
Totalisator Agency Board Betting Act 1960 amended Part 2
s. 3
Part 2 -- Totalisator Agency Board Betting Act 1960
amended
3. The Act amended
This Part amends the Totalisator Agency Board Betting Act
5 1960*.
[* Reprinted as at 2 December 1996.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p.251.]
4. Long title amended
10 The long title is amended by inserting before "betting with" --
" for totalisator and other ".
5. Part heading inserted
Before section 1 the following heading is inserted --
"
15 Part 1 -- Preliminary
".
6. Section 3 amended
Section 3 is amended as follows:
(a) by inserting the following definitions in their
20 appropriate alphabetical positions --
"
"Betting Control Board" means the Betting Control
Board established under section 6 of the Betting
Control Act 1954;
page 3
Acts Amendment (Fixed Odds Betting) Bill 1999
Part 2 Totalisator Agency Board Betting Act 1960 amended
s. 7
"fixed odds bet" means a bet where a fixed amount
that will be won if the bet is successful is
determined before the bet is accepted;
";
5 (b) in the definition of "totalisator agency" by deleting
"sporting event on a totalisator" and inserting instead --
" event ".
7. Part heading inserted
Before section 4 the following heading is inserted --
10 "
Part 2 -- The TAB
".
8. Section 4 amended
(1) Section 4(2)(a) is amended as follows:
15 (a) after subparagraph (i) by deleting "and" and inserting --
"
(ia) the business of setting, accepting and
making fixed odds bets in relation to
racing and certain events, including
20 sporting events; and
";
(b) in subparagraph (ii) by deleting "principal business,"
and inserting instead --
" business of totalisator or fixed odds betting, ";
25 (c) in the remainder of the paragraph following
subparagraph (ii), by deleting "principal business" and
inserting instead --
" business of totalisator or fixed odds betting ".
page 4
Acts Amendment (Fixed Odds Betting) Bill 1999
Totalisator Agency Board Betting Act 1960 amended Part 2
s. 9
(2) After section 4(3) the following subsection is inserted --
"
(3a) If there is any inconsistency between the duty imposed
by subsection (3) and a direction given by the Minister
5 under this Act, the direction prevails to the extent of
the inconsistency.
".
9. Section 4A inserted
After section 4 the following section is inserted --
10 "
4A. TAB to act in accordance with policy instruments
The TAB shall perform its functions in accordance
with its strategic development plan and its statement of
corporate intent as existing from time to time.
15 ".
10. Section 14A repealed
Section 14A is repealed.
11. Section 15 amended
Section 15(a) is amended by deleting "its proceedings" and
20 inserting instead --
" the Board's proceedings ".
page 5
Acts Amendment (Fixed Odds Betting) Bill 1999
Part 2 Totalisator Agency Board Betting Act 1960 amended
s. 12
12. Part 3 inserted
After section 19 the following Part is inserted --
"
Part 3 -- Provisions as to accountability
5 Division 1 -- Strategic development plans
19AA. Draft strategic plan to be submitted to the Minister
(1) The Board shall in each year prepare, and submit to the
Minister for the Minister's agreement, a draft strategic
development plan for the TAB.
10 (2) Each draft strategic development plan is to be
submitted not later than 2 months before the start of the
next financial year.
19AB. Transitional provision
The first strategic development plan for the TAB is to
15 be in respect of the next full financial year after the
commencement of this Part.
19AC. Matters to be included in strategic development
plan
(1) A strategic development plan shall set out economic
20 and financial objectives and operational targets and
how those objectives and targets will be achieved.
(2) The matters that are to be considered in the preparation
of a strategic development plan include --
(a) competitive strategies, pricing of products,
25 productivity levels, financial requirements,
capital expenditure and personnel requirements;
and
page 6
Acts Amendment (Fixed Odds Betting) Bill 1999
Totalisator Agency Board Betting Act 1960 amended Part 2
s. 12
(b) any other matters that the Minister and the
Board agree should be considered.
(3) A strategic development plan shall cover a forecast
period of 5 years or a lesser period agreed with the
5 Minister.
19AD. Strategic development plan to be agreed if possible
The Board and the Minister shall try to reach
agreement on a draft strategic development plan as
soon as possible, and in any event not later than one
10 month before the start of the financial year to which the
strategic development plan applies.
19AE. Minister's powers in relation to draft strategic
development plan
(1) The Minister may return a draft strategic development
15 plan to the Board and request it to --
(a) consider or further consider any matter and deal
with the matter in the draft plan; and
(b) revise the draft plan in the light of its
consideration or further consideration.
20 (2) The Board shall comply with the request as soon as is
practicable.
(3) If the Board and the Minister have not reached
agreement on a draft strategic development plan by one
month before the start of the financial year to which the
25 strategic development plan applies, the Minister may,
by written notice, direct the Board --
(a) to take specified steps in relation to the draft
plan; or
page 7
Acts Amendment (Fixed Odds Betting) Bill 1999
Part 2 Totalisator Agency Board Betting Act 1960 amended
s. 12
(b) to make specified modifications to the draft
plan.
(4) The Board shall comply with a direction under
subsection (3) as soon as is practicable.
5 (5) The Minister shall, within 14 days after a direction is
given, cause a copy of it to be laid before each House
of Parliament or dealt with in accordance with
section 56A.
19AF. Strategic development plan pending agreement
10 (1) If the Board and the Minister have not agreed to a draft
strategic development plan before the start of a
financial year, the latest draft plan is to be the strategic
development plan for the TAB until a draft strategic
development plan is agreed to under section 19AG.
15 (2) In subsection (1) --
"latest draft plan" means the draft strategic
development plan submitted, or last submitted, by
the Board to the Minister before the start of the
financial year with any modifications made by the
20 Board, whether before or after that time, at the
direction of the Minister.
19AG. Minister's agreement to draft strategic development
plan
When the Board and the Minister reach agreement on a
25 draft strategic development plan, it becomes the
strategic development plan for the relevant financial
year or the remainder of the year, as the case may be.
page 8
Acts Amendment (Fixed Odds Betting) Bill 1999
Totalisator Agency Board Betting Act 1960 amended Part 2
s. 12
19AH. Modifications of strategic development plan
(1) A strategic development plan may be modified by the
Board with the agreement of the Minister.
(2) The Minister may, by written notice, direct the Board
5 to modify the strategic development plan and the Board
shall comply with any such direction.
(3) Before giving a direction under subsection (2), the
Minister shall consult with the Board and take its views
into account.
10 (4) The Minister shall within 14 days after a direction is
given cause a copy of it to be laid before each House of
Parliament or dealt with in accordance with section
56A.
19AI. Concurrence of Treasurer
15 The Minister is not to --
(a) agree to a draft strategic development plan
under section 19AG; or
(b) agree to or direct any modification of a
strategic development plan under
20 section 19AH,
except with the concurrence of the Treasurer.
Division 2 -- Statement of corporate intent
19AJ. Draft statement of corporate intent to be submitted
to Minister
25 (1) The Board shall in each year prepare, and submit to the
Minister for the Minister's agreement, a draft statement
of corporate intent for the TAB.
page 9
Acts Amendment (Fixed Odds Betting) Bill 1999
Part 2 Totalisator Agency Board Betting Act 1960 amended
s. 12
(2) Each draft statement of corporate intent is to be
submitted not later than 2 months before the start of the
next financial year.
19AK. Transitional provision
5 The first statement of corporate intent for the TAB is to
be in respect of the next full financial year after the
commencement of this Part.
19AL. Matters to be included in statement of corporate
intent
10 (1) A statement of corporate intent shall be consistent with
the strategic development plan under Division 1.
(2) The statement of corporate intent for the TAB shall
specify --
(a) an outline of objectives;
15 (b) an outline of main undertakings during the
relevant financial year;
(c) an outline of the nature and scope of the
functions proposed to be performed during the
relevant financial year;
20 (d) the performance targets and other measures by
which performances may be judged in relation
to objectives for the relevant financial year;
(e) accounting policies that apply to the
preparation of accounts;
25 (f) the type of information to be given to the
Minister, including information to be given in
the annual report; and
(g) such other matters as may be agreed by the
Minister and the Board.
page 10
Acts Amendment (Fixed Odds Betting) Bill 1999
Totalisator Agency Board Betting Act 1960 amended Part 2
s. 12
(3) The Minister may exempt the TAB from including any
matter, or any aspect of a matter, mentioned in
subsection (2) in the statement of corporate intent.
19AM. Statement of corporate intent to be agreed if
5 possible
The Board and the Minister shall try to reach
agreement on a draft statement of corporate intent as
soon as possible and, in any event not later than the
start of the financial year to which that statement of
10 corporate intent applies.
19AN. Minister's powers in relation to draft statement of
corporate intent
(1) The Minister may return a draft statement of corporate
intent to the Board and request it to --
15 (a) consider or further consider any matter and deal
with the matter in the draft statement; and
(b) revise the draft statement in the light of its
consideration or further consideration.
(2) The Board shall comply with the request as soon as is
20 practicable.
(3) If the Board and the Minister have not reached
agreement on a draft statement of corporate intent by
one month before the start of the financial year to
which that statement of corporate intent applies, the
25 Minister may, by written notice, direct the Board --
(a) to take specified steps in relation to the draft
statement; or
(b) to make specified modifications to the draft
statement.
page 11
Acts Amendment (Fixed Odds Betting) Bill 1999
Part 2 Totalisator Agency Board Betting Act 1960 amended
s. 12
(4) The Board shall comply with a direction under
subsection (3) as soon as is practicable.
(5) The Minister shall within 14 days after a direction is
given cause a copy of it to be laid before each House of
5 Parliament or dealt with in accordance with
section 56A.
19AO. Statement of corporate intent pending agreement
(1) If the Board and the Minister have not agreed to a draft
statement of corporate intent before the start of a
10 financial year, the latest draft statement is to be the
statement of corporate intent for the TAB until a draft
statement of corporate intent is agreed to under
section 19AP.
(2) In subsection (1) --
15 "latest draft statement" means the draft statement of
corporate intent submitted, or last submitted, by
the Board to the Minister before the start of the
financial year with any modifications made by the
Board, whether before or after that time, at the
20 direction of the Minister.
19AP. Minister's agreement to draft statement of
corporate intent
(1) When the Board and the Minister reach agreement on a
draft statement of corporate intent, it becomes the
25 statement of corporate intent for the relevant financial
year or the remainder of the year, as the case may be.
(2) The Minister shall within 14 days after agreeing to a
draft statement of corporate intent under subsection (1)
cause a copy of it to be laid before each House of
page 12
Acts Amendment (Fixed Odds Betting) Bill 1999
Totalisator Agency Board Betting Act 1960 amended Part 2
s. 12
Parliament or dealt with in accordance with
section 56A.
(3) The Board may request the Minister to delete from the
copy of a statement of corporate intent that is to be laid
5 before Parliament a matter that is of a commercially
sensitive nature, and the Minister may, despite
subsection (2), comply with the request.
19AQ. Modifications of statement of corporate intent
(1) A statement of corporate intent may be modified by the
10 Board with the agreement of the Minister.
(2) The Minister may, by written notice, direct the Board
to modify the statement of corporate intent, and the
Board shall comply with any such direction.
(3) Before giving the direction, the Minister shall consult
15 with the Board and take its views into account.
(4) The Minister shall within 14 days after a direction is
given cause a copy of it to be laid before each House of
Parliament or dealt with in accordance with
section 56A.
20 19AR. Concurrence of Treasurer
The Minister is not to --
(a) agree to a draft statement of corporate intent
under section 19AP; or
(b) agree to or direct any modification of a
25 statement of corporate intent under
section 19AQ,
except with the concurrence of the Treasurer.
page 13
Acts Amendment (Fixed Odds Betting) Bill 1999
Part 2 Totalisator Agency Board Betting Act 1960 amended
s. 12
Division 3 -- Provision of information
19AS. Minister to have access to information
(1) The Minister is entitled --
(a) to have information in the possession of the
5 TAB; and
(b) where the information is in or on a document,
to have, and make and retain copies of, that
document.
(2) For the purposes of subsection (1) the Minister may --
10 (a) request the TAB to furnish information to the
Minister;
(b) request the Board to give the Minister access to
information;
(c) for the purposes of paragraph (b) make use of
15 the staff of the TAB to obtain the information
and furnish it to the Minister.
(3) The TAB and the Board, respectively, shall comply
with a request under subsection (2) and make staff and
facilities available to the Minister for the purposes of
20 paragraph (c) of that subsection.
(4) Where the TAB or the Board furnishes or gives access
to information to the Minister, it shall advise the
Minister whether or not, in its opinion, the public
disclosure of the information would adversely affect
25 the commercial interests of the TAB.
(5) In this section --
"document" includes any tape, disc or other device or
medium on which information is recorded or
stored mechanically, photographically,
30 electronically or otherwise;
page 14
Acts Amendment (Fixed Odds Betting) Bill 1999
Totalisator Agency Board Betting Act 1960 amended Part 2
s. 13
"information" means information specified, or of a
description specified, by the Minister that relates
to the functions of the TAB.
".
5 13. Part heading inserted
Before section 19A the following heading is inserted --
"
Part 4 -- Totalisator betting
".
10 14. Section 19A amended
After section 19A(1) the following subsection is inserted --
"
(1a) Despite subsection (1), the TAB may not conduct
totalisator betting on a particular match or sporting
15 event if, in the opinion of the Betting Control Board --
(a) it would not be in the public interest to conduct
totalisator betting on that match or sporting
event; or
(b) the match or sporting event itself would not be
20 in the public interest.
".
15. Section 22 amended
After section 22(4) the following subsection is inserted --
"
25 (5) The moneys payable as a dividend from a particular
pool shall be calculated using the assumption that --
(a) any bet included in the pool is validly made;
and
page 15
Acts Amendment (Fixed Odds Betting) Bill 1999
Part 2 Totalisator Agency Board Betting Act 1960 amended
s. 16
(b) the result of any race or sporting event, once
declared, is beyond dispute for the purposes of
dividend calculation and payment.
".
5 16. Part 5 inserted
After section 23A the following Part is inserted --
"
Part 5 -- Fixed odds betting
24. Fixed odds betting on racing and other events
10 (1) The TAB may conduct fixed odds betting on the results
of --
(a) any race;
(b) any sporting event set out in, or prescribed
under, section 19A; or
15 (c) any other approved event or type of event.
(2) Subject to section 27A, fixed odds betting authorized
under this section shall be conducted in accordance
with rules made under section 24D.
(3) In subsection (1) --
20 "approved" means approved by the Betting Control
Board, by notice published in the Gazette.
(4) Despite subsection (1), the TAB may not conduct fixed
odds betting on a particular race or event if, in the
opinion of the Betting Control Board --
25 (a) it would not be in the public interest to
accept fixed odds bets on that race or event;
or
page 16
Acts Amendment (Fixed Odds Betting) Bill 1999
Totalisator Agency Board Betting Act 1960 amended Part 2
s. 16
(b) the race or event itself would not be in the
public interest.
24A. Fixed odds betting generally
(1) Despite anything contained in any other Act or law to
5 the contrary, it shall be lawful --
(a) for fixed odds bets in respect of races to be
lodged with and received by or on behalf of the
TAB for transmission by the TAB to a body
established by a written law that is authorized
10 by that written law to accept such bets, or to a
body corporate prescribed for the purposes of
section 27, whether it is within or outside the
State;
(b) for winnings to be paid by the TAB in respect
15 of those fixed odds bets.
(2) Fixed odds bets in respect of races, sporting events and
other events, selected by the TAB, may be lodged with
and received by or on behalf of the TAB in accordance
with this Act, and winnings shall be payable by the
20 TAB in respect of those bets, despite any other law.
(3) The mere fact of any persons betting at fixed price
odds through the TAB or betting with the TAB
pursuant to this Act --
(a) does not constitute the commission of an
25 offence, whether at common law or under any
Act, either by those persons, or by the TAB or
any of its officers or agents or any of its
employees; and
(b) is not a ground for any office or totalisator
30 agency of the TAB, or any part thereof, being
deemed or declared, whether at common law or
page 17
Acts Amendment (Fixed Odds Betting) Bill 1999
Part 2 Totalisator Agency Board Betting Act 1960 amended
s. 16
by any Act, to be or to be used as a common
betting house or a common gaming house, or to
be a common nuisance and contrary to law.
(4) Nothing in this section precludes the TAB from
5 determining not to accept fixed odds bets, at all or any
of its totalisator agencies, on all or any races held at
any race meeting or on any event, including a sporting
event, on which fixed odds bets could be lawfully
made by virtue of this section.
10 24B. Payment of fixed odds winnings by the TAB
All winnings payable in respect of any fixed odd bet
referred to in this Part shall be paid by the TAB to
persons entitled thereto in accordance with the fixed
odds offered at the time the bet was accepted.
15 24C. Unclaimed fixed odds winnings
All moneys payable by way of fixed odds winnings and
refunds by the TAB which are unclaimed for 7 months
by any person entitled to the moneys, other than
moneys which are credited by the TAB to a credit
20 account established with it under this Act, shall be paid
by the TAB, not later than the last operating day of the
month following the period of 7 months referred to in
this subsection --
(a) in the case of unclaimed winnings and refunds
25 in respect of fixed odds bets made on horse
races -- into the Racecourse Development
Trust Fund established and maintained under
the Racecourse Development Act 1976;
(b) in the case of unclaimed winnings and refunds
30 in respect of fixed odds bets made on
greyhound races -- to WAGRA; and
page 18
Acts Amendment (Fixed Odds Betting) Bill 1999
Totalisator Agency Board Betting Act 1960 amended Part 2
s. 17
(c) in the case of unclaimed winnings and refunds
in respect of fixed odds bets made on events,
including sporting events referred to in
section 24 -- into the TAB Sports Betting
5 Account, for distribution under section 27B,
and thereafter the owner of the moneys has no
enforceable claim in respect of the moneys.
24D. Rules for fixed odds betting
(1) The TAB may, with the approval of the Betting
10 Control Board, make rules for the conduct of fixed
odds betting under this Part.
(2) The TAB shall ensure that a copy of any rules made
under subsection (1), and any subsequent amendment
to those rules, is included in a notice published in the
15 Gazette for public information.
".
17. Part heading inserted
Before section 25 the following heading is inserted --
"
20 Part 6 -- General financial provisions
".
18. Section 25 amended
Section 25(b) is amended by deleting "rate imposed by
section 2" and inserting instead --
25 " rates imposed by sections 2 and 3 ".
page 19
Acts Amendment (Fixed Odds Betting) Bill 1999
Part 2 Totalisator Agency Board Betting Act 1960 amended
s. 19
19. Section 26 amended
After section 26(1)(d) the following paragraph is inserted --
"
(da) to supplement certain totalisator pools under
5 section 26A;
".
20. Section 26A inserted
After section 26 the following section is inserted --
"
10 26A. Supplementary pool schemes
The TAB may supplement the amount in any
totalisator pool using moneys set aside for that purpose.
".
21. Section 27 amended
15 Section 27 is amended as follows:
(a) in subsection (1) by deleting "The" and inserting
instead --
" Subject to subsection (1a), the ";
(b) in subsection (1) by deleting "other State or any Territory
20 or other authority, or with any body corporate prescribed
for the purposes of this section," and inserting instead --
" person ";
(c) after subsection (1) the following subsection is inserted --
"
25 (1a) The TAB may only enter into an approved contractual
relationship with a person who is a corporation if that
corporation has been prescribed for the purposes of this
section.
";
page 20
Acts Amendment (Fixed Odds Betting) Bill 1999
Totalisator Agency Board Betting Act 1960 amended Part 2
s. 22
(d) after subsection (2) the following subsection is
inserted --
"
(3) In this section --
5 "corporation" means any body corporate, whether
formed or incorporated within or outside the State,
and includes any "company", "foreign company"
or "recognized company" (as those terms are
defined in the Corporations Law) but does not
10 include --
(a) a body corporate that is a public authority or
an instrumentality or agency of the Crown;
or
(b) a body corporate formed for a public purpose
15 under a written law of another country.
".
22. Sections 27A and 27B inserted
After section 27 the following sections are inserted --
"
20 27A. Arrangements with other persons
(1) Subject to subsection (2), the TAB may enter into an
approved contractual arrangement with another
person --
(a) for the purposes of betting generally, as set out
25 in section 27; or
(b) for the purpose of fixed odds betting as set out
in this section,
to provide a jointly operated fixed odds betting system
and may adopt, and operate under, any rules pertaining
30 to that joint system that may already be in place.
page 21
Acts Amendment (Fixed Odds Betting) Bill 1999
Part 2 Totalisator Agency Board Betting Act 1960 amended
s. 22
(2) The TAB may only enter into an approved contractual
relationship with a person who is a corporation if that
corporation has been prescribed for the purposes of this
section.
5 (3) The TAB shall ensure that a copy of any rules adopted
under subsection (1), and any subsequent amendment
to those rules, is --
(a) delivered to the Betting Control Board;
(b) made available at the TAB's head office for
10 perusal on demand; and
(c) included in a notice published in the Gazette for
public information.
(4) In this section --
"approved" means approved by the Minister on the
15 recommendation of the Betting Control Board;
"corporation" means any body corporate, whether
formed or incorporated within or outside the State,
and includes any "company", "foreign company"
or "recognized company" (as those terms are
20 defined in the Corporations Law) but does not
include --
(a) a body corporate that is a public authority or
an instrumentality or agency of the Crown;
or
25 (b) a body corporate formed for a public purpose
under a written law of another country.
27B. Allocation of TAB's fixed odds betting funds
The TAB after paying --
(a) all winning fixed odds bets;
page 22
Acts Amendment (Fixed Odds Betting) Bill 1999
Totalisator Agency Board Betting Act 1960 amended Part 2
s. 22
(b) any amounts payable due to the operation of
section 24C;
(c) the amount of betting tax imposed under
section 25;
5 (d) the respective amounts, required for the time
being, to any reserve account opened under
section 26;
(e) all outgoings and expenses incurred in relation
to fixed odds betting,
10 shall pay the remaining moneys generated from fixed
odds betting in the following manner --
(f) in the case of horse races --
(i) an amount equal to 65% of all moneys
received by the TAB (in respect of fixed
15 odds betting on horse races) and held in
the remaining moneys is to be paid to
the Club;
(ii) an amount equal to 35% of all moneys
received by the TAB (in respect of fixed
20 odds betting on horse races) and held in
the remaining moneys is to be paid to
the Association;
(g) in the case of fixed odds betting on greyhound
races -- to WAGRA; and
25 (h) in the case of fixed odds betting on events,
including sporting events referred to in
section 24 (and including any unclaimed
winnings and refunds under section 24C) --
into the TAB Sports Betting Account.
30 ".
page 23
Acts Amendment (Fixed Odds Betting) Bill 1999
Part 2 Totalisator Agency Board Betting Act 1960 amended
s. 23
23. Section 28 amended
(1) Section 28(4) is amended by inserting after "under
subsection (2)" --
" or section 27B(1)(f) ".
5 (2) Section 28(5) is amended by inserting after "under
subsection (3)" --
" or section 27B(1)(f) ".
24. Part heading inserted
Before section 33 the following heading is inserted --
10 "
Part 7 -- Miscellaneous
".
25. Section 33 amended
Section 33(a) is amended after subparagraph (i) by deleting "or"
15 and inserting --
"
(ia) by the transfer of the amount using a prescribed
method of payment or funds transfer, that does
not involve the provision of credit by the TAB;
20 (ib) by cheque at a totalisator agency in prescribed
circumstances; or
".
26. Section 36 amended
(1) Section 36(1) is amended by deleting "Taxation" and inserting
25 instead --
" Revenue ".
page 24
Acts Amendment (Fixed Odds Betting) Bill 1999
Totalisator Agency Board Betting Act 1960 amended Part 2
s. 27
(2) Section 36(2) is amended by deleting "Taxation" and inserting
instead --
" Revenue ".
27. Section 40 amended
5 Section 40(2) is amended as follows:
(a) in paragraph (a) --
(i) by deleting "a sporting event" and inserting
instead --
" an event, including a sporting event, "; and
10 (ii) by inserting after "dividends" --
" or winnings ";
(b) in paragraph (b) by inserting before "to broadcast" --
" in relation to a totalisator, ".
28. Section 56A inserted
15 After section 56 the following section is inserted --
"
56A. Supplementary provision as to laying documents
before Parliament
(1) If --
20 (a) at the commencement of a period referred to in
section 19AE(5), 19AH(4), 19AN(5), 19AP(2)
or 19AQ(4) in respect of a document, a House
of Parliament is not sitting; and
(b) the Minister is of the opinion that that House
25 will not sit during that period,
the Minister is to transmit a copy of the document to
the Clerk of that House.
page 25
Acts Amendment (Fixed Odds Betting) Bill 1999
Part 2 Totalisator Agency Board Betting Act 1960 amended
s. 29
(2) A copy of a document transmitted to the Clerk of a
House is to be --
(a) taken to have been laid before that House; and
(b) taken to be a document published by order, or
5 under the authority, of that House.
(3) The laying of a copy of a document that is taken to
have occurred under subsection (2)(a) is to be recorded
in the Minutes, or Votes and Proceedings, of the House
on the first sitting day of the House after the receipt of
10 the copy by the Clerk.
".
29. Section 57 amended
Section 57(3)(a)(ii) is amended by inserting after
"totalisator" --
15 " or fixed odds betting ".
page 26
Acts Amendment (Fixed Odds Betting) Bill 1999
Betting Control Act 1954 amended Part 3
s. 30
Part 3 -- Betting Control Act 1954 amended
30. The Act amended
This Part amends the Betting Control Act 1954*.
[* Reprinted as at 20 February 1997.
5 For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 21.]
31. Section 4 amended
Section 4(1) is amended by inserting in the appropriate
alphabetical position --
10 "
"fixed odds bet" has the meaning given to that term in
the Totalisator Agency Board Betting Act 1960;
".
32. Section 17E amended
15 Section 17E(1) is amended after "any bet" by inserting --
" (other than a fixed odds bet) ".
33. Section 17EA inserted
After section 17E the following section is inserted --
"
20 17EA. Management of fixed odds - prescribed margin
(1) When fixed odds betting is conducted by the TAB on a
race or event, the TAB shall ensure that the odds
offered, when assessed in accordance with
subsection (3), give rise to a figure "m" ("margin")
25 equal to or greater than the prescribed figure
("margin") for that type of race or event.
page 27
Acts Amendment (Fixed Odds Betting) Bill 1999
Part 3 Betting Control Act 1954 amended
s. 34
(2) Subsection (1) does not apply if the TAB is conducting
a jointly operated fixed odds betting system and has
adopted, and is operating under, the rules pertaining to
that joint system that were already in place.
5 (3) For the purposes of subsection (1), "m" is to be
calculated by assessing the individual odds offered on
every participant in a race or event using the following
formula --
(p1 + p2 + p3 + ... .+ pn) - 100 = m
10 where
p1 represents the odds (expressed as a percentage)
offered on the first participant in that race or
event;
p2 represents the odds (expressed as a percentage)
15 offered on the second participant in that race or
event;
p3 represents the odds (expressed as a percentage)
offered on the third participant in that race or
event, etc.( ... depending on the number of
20 participants in the particular race or event ... );
and
n represents the number of participants in that
race or event.
".
25 34. Section 21 amended
(1) Section 21(3)(c) is amended by deleting "means of a totalisator"
and inserting instead --
" the TAB or one of its agents ".
page 28
Acts Amendment (Fixed Odds Betting) Bill 1999
Betting Control Act 1954 amended Part 3
s. 35
(2) Section 21(4)(a) is amended by inserting after "totalisator" --
" , or totalisator agency, ".
(3) Section 21(4)(b) is amended by inserting after "totalisator" in
the 2 places where it occurs --
5 " or totalisator agency ".
35. Section 23 amended
Section 23(1)(b) is amended after subparagraph (i) by deleting
"or" and inserting --
"
10 (ia) as a fixed odds bet with the TAB or one of its
agents in accordance with a written law; or
".
36. Section 29 inserted
After section 28G the following section is inserted --
15 "
29. Penalty for providing credit
An officer, agent or employee of the TAB or any
employee of an agent of the TAB who accepts a bet
through the TAB involving the provision of credit by
20 the TAB, contrary to the provisions of section 33 of the
Totalisator Agency Board Betting Act 1960, commits
an offence.
Penalty: $5 000.
".
25
page 29
Acts Amendment (Fixed Odds Betting) Bill 1999
Part 4 Racecourse Development Act 1976 amended
s. 37
Part 4 -- Racecourse Development Act 1976 amended
37. Section 10 amended
Section 10(2)(b) of the Racecourse Development Act 1976* is
amended after "section 23A (2) (a)" by inserting --
5 " and section 24C ".
[* Act No. 72 of 1976.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p.208.]
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