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


GAMING AND WAGERING LEGISLATION AMENDMENT BILL 2018

                     Western Australia


Gaming and Wagering Legislation Amendment
                Bill 2018

                        Contents

        Part 1 -- Preliminary
  1.    Short title                          2
  2.    Commencement                         2
        Part 2 -- Betting Control Act 1954
             amended
  3.    Act amended                          3
  4.    Section 4 amended                    3
  5.    Section 4B amended                   4
  6.    Section 5 amended                    4
  7.    Section 5A amended                   5
  8.    Section 11F amended                  5
  9.    Section 14A amended                  5
  10.   Section 24 amended                   6
  11.   Section 26C amended                  7
  12.   Section 27A amended                  7
  13.   Section 31 amended                   9
  14.   Section 33 amended                   9
  15.   Various penalties amended            9
        Part 3 -- Gaming and Wagering
             Commission Act 1987 amended
  16.   Act amended                         11
  17.   Section 3 amended                   11
  18.   Section 8 amended                   12
  19.   Section 43A amended                 12
  20.   Section 81 amended                  12



                          93--2              page i
Gaming and Wagering Legislation Amendment Bill 2018



Contents



      21.    Part V Division 5A inserted                           12
             Division 5A -- Remote gambling devices
             93A.      Terms used                             12
             93B.      Offences relating to remote gambling
                       devices                                13
      22.    Section 101 amended                                   13
      23.    Section 107 amended                                   14
      24.    Section 109D amended                                  14
      25.    Various penalties amended                             14




page ii
                           Western Australia


                     LEGISLATIVE ASSEMBLY

              (As amended during consideration in detail)

Gaming and Wagering Legislation Amendment
                Bill 2018

                               A Bill for


An Act to amend the Betting Control Act 1954 and the Gaming and
Wagering Commission Act 1987.



The Parliament of Western Australia enacts as follows:




                                                            page 1
     Gaming and Wagering Legislation Amendment Bill 2018
     Part 1       Preliminary

     s. 1



1                           Part 1 -- Preliminary
2    1.       Short title
3             This is the Gaming and Wagering Legislation Amendment
4             Act 2018.

5    2.       Commencement
6             This Act comes into operation as follows --
7              (a) Part 1 -- on the day on which this Act receives the
8                    Royal Assent;
9              (b) the rest of the Act -- on a day fixed by proclamation,
10                   and different days may be fixed for different provisions.




     page 2
                           Gaming and Wagering Legislation Amendment Bill 2018
                                 Betting Control Act 1954 amended       Part 2

                                                                                   s. 3



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

4    4.         Section 4 amended
5         (1)   In section 4(1) delete the definition of machine.
6         (2)   In section 4(1) insert in alphabetical order:
7

8                       contingency means a contingency relating to an event;
9                       event means a race or other event, whether or not of a
10                      sporting nature;
11                      machine has the meaning given in the Gaming and
12                      Wagering Commission Act 1987 section 3(1);
13                      prohibited event or contingency means an event or
14                      contingency, or an event or contingency of a class,
15                      prescribed for the purposes of this definition;
16

17        (3)   In section 4(1) in the definition of betting material
18              paragraph (a) delete "sporting" and insert:
19

20              other
21

22        (4)   In section 4(1) in the definition of offshore betting operator
23              delete "races or sporting".
24        (5)   In section 4(1) in the definition of to bet paragraph (a) delete
25              "race or any sporting".




                                                                             page 3
     Gaming and Wagering Legislation Amendment Bill 2018
     Part 2       Betting Control Act 1954 amended

     s. 5



1         (6)   In section 4(1) in the definition of totalisator agency delete "a
2               race or sporting" and insert:
3

4               an
5


6    5.         Section 4B amended
7         (1)   In section 4B(1) delete "a sporting" and insert:
8

9               an
10

11        (2)   Delete section 4B(2) and insert:
12

13              (2)   The Commission may approve bookmaking on or in
14                    relation to an event or a contingency, except a
15                    prohibited event or contingency.
16

17        (3)   In section 4B(5) delete "sporting events" and insert:
18

19              events other than races
20

21              Note: The heading to amended section 4B is to read:
22                    Application of this Act to events

23   6.         Section 5 amended
24              In section 5(1)(b) delete "a sporting" and insert:
25

26              an
27




     page 4
                          Gaming and Wagering Legislation Amendment Bill 2018
                                Betting Control Act 1954 amended       Part 2

                                                                                 s. 7



1    7.         Section 5A amended
2               In section 5A:
3                 (a) in paragraph (a) delete "event, including a sporting
4                       event," and insert:
5

6                       event
7

8                (b)    in paragraph (b) delete "race or sporting".

9    8.         Section 11F amended
10        (1)   At the end of section 11F(1) insert:
11

12                     Penalty for this subsection: a fine of $1 000.
13

14        (2)   In section 11F(2) delete the Penalty and insert:
15

16                     Penalty for this subsection: a fine of $1 000.
17


18   9.         Section 14A amended
19        (1)   In section 14A(1) delete the definitions of:
20              gross revenue
21              turnover
22        (2)   In section 14A(1) insert in alphabetical order:
23

24                     bet back means a bet placed with a domestic betting
25                     operator, or the operator of a betting exchange, if the
26                     bet is placed --
27                       (a) for the purpose of reducing the liability of
28                              another domestic betting operator; and
29                      (b) by that other domestic betting operator;


                                                                             page 5
     Gaming and Wagering Legislation Amendment Bill 2018
     Part 2       Betting Control Act 1954 amended

     s. 10



1                      gross revenue means --
2                        (a) in relation to a domestic betting operator or
3                              offshore betting operator -- the turnover of the
4                              operator, less any dividends to customers by the
5                              operator on racing bets;
6                        (b) in relation to the operator of a betting
7                              exchange -- the charges, commission,
8                              consideration, earnings, fees, reward or other
9                              remuneration (however described) payable to or
10                             received by an operator in relation to racing
11                             bets placed with, or placed and accepted
12                             through, the operator;
13                     turnover means --
14                       (a) in relation to a domestic betting operator or
15                             offshore betting operator -- the total amount of
16                             racing bets placed with the operator, less the
17                             amount of bet backs placed by the operator;
18                       (b) in relation to a betting exchange -- the net
19                             winnings of racing bets placed with the betting
20                             exchange.
21

22         (3)   In section 14A(2) in the Penalty delete "Penalty:" and insert:
23

24               Penalty for this subsection:
25


26   10.         Section 24 amended
27               In section 24(2) in the definition of bets delete "race or
28               sporting".




     page 6
                          Gaming and Wagering Legislation Amendment Bill 2018
                                Betting Control Act 1954 amended       Part 2

                                                                                s. 11



1    11.         Section 26C amended
2                In section 26C(1) delete the Penalty and insert:
3

4                      Penalty for this subsection:
5                          (a) in the case of the licensee or manager, a fine
6                                of $5 000;
7                          (b) in the case of an employee or agent, a fine of
8                                $2 000.
9


10   12.         Section 27A amended
11         (1)   In section 27A(1) delete the definitions of:
12               approved sporting event
13               offshore bet
14         (2)   In section 27A(1) insert in alphabetical order:
15

16                     interstate or offshore bet means a bet made --
17                       (a) on an event or contingency outside the State;
18                             and
19                       (b) by telephone or electronically by means of the
20                             internet, subscription television or any other
21                             on-line communications system; and
22                       (c) with a person who is outside the State
23                             (including a person who is outside Australia);
24                     permitted event or contingency means --
25                       (a) an event or contingency approved under
26                             section 4B(2); or
27                       (b) an event or contingency, except a prohibited
28                             event or contingency, on which betting is
29                             permitted by the laws of another State or a
30                             Territory.
31



                                                                           page 7
     Gaming and Wagering Legislation Amendment Bill 2018
     Part 2       Betting Control Act 1954 amended

     s. 12



1       (3)    In section 27A(1) in the definition of authorised person
2              paragraph (b) delete "races or sporting".
3       (4)    After section 27A(2) insert:
4

5             (2A)   A person in this State who makes an interstate or
6                    offshore bet on an event or contingency that is not a
7                    permitted event or contingency commits an offence.
8                    Penalty for this subsection: a fine of $2 500.
9             (2B)   A person other than an authorised person who offers an
10                   interstate or offshore bet in this State commits an
11                   offence.
12                   Penalty for this subsection: a fine of $5 000 and
13                       imprisonment for 1 year.
14            (2C)   A person who offers an interstate or offshore bet in this
15                   State on an event or contingency that is not a permitted
16                   event or contingency commits an offence.
17                   Penalty for this subsection: a fine of $5 000 and
18                       imprisonment for 1 year.
19

20      (5)    In section 27A(3) delete "offshore" (each occurrence) and
21             insert:
22

23             interstate or offshore
24

25      (6)    In section 27A(5) delete "races or sporting" (each occurrence).
26             Note: The heading to amended section 27A is to read:
27                   Interstate and offshore betting




     page 8
                           Gaming and Wagering Legislation Amendment Bill 2018
                                 Betting Control Act 1954 amended       Part 2

                                                                               s. 13



1    13.         Section 31 amended
2                Delete section 31(1)(h)(ii) and insert:
3

4                               (ii)   an event or contingency approved under
5                                      section 4B(2).
6


7    14.         Section 33 amended
8                In section 33(1)(a) delete "sporting".

9    15.         Various penalties amended
10         (1)   In the provisions listed in the Table delete "Penalty:" and insert:
11

12               Penalty for this subsection: a fine of
13

14                                         Table
       s. 4A(6)                                s. 11(6)

       s. 11B(4)                               s. 11B(11)

       s. 11B(13)                              s. 11B(14)

       s. 11C(2)                               s. 11C(9)

       s. 11C(12)                              s. 11C(13)

       s. 11E(5)                               s. 11G(1)

       s. 11G(2)                               s. 11G(3)

       s. 11G(4)                               s. 20A(2)

       s. 20B(6)                               s. 22(1)



                                                                             page 9
     Gaming and Wagering Legislation Amendment Bill 2018
     Part 2       Betting Control Act 1954 amended

     s. 15




       s. 22(2)                                s. 23(1)

       s. 23(2)                                s. 24(1)

       s. 25(3)                                s. 26A(3)

       s. 26C(5)                               s. 27A(2)

       s. 27A(3)                               s. 28G(1)

1       (2)     In the provisions listed in the Table delete "Penalty:" and insert:
2

3               Penalty for this subsection:
4

5                                        Table
       s. 27D(2A)                              s. 27E(2)

6       (3)     In the provisions listed in the Table delete "Penalty:" and insert:
7

8               Penalty: a fine of
9

10                                       Table
       s. 22A                                  s. 26

       s. 26B                                  s. 27

       s. 28C                                  s. 28D

       s. 28E                                  s. 29

11




     page 10
                           Gaming and Wagering Legislation Amendment Bill 2018
                 Gaming and Wagering Commission Act 1987 amended        Part 3

                                                                              s. 16



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

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

9                       event has the meaning given in the Betting Control
10                      Act 1954 section 4(1);
11                      telecommunication device means --
12                        (a) a computer adapted for communicating by way
13                             of the Internet or another communications
14                             network; or
15                        (b) a television receiver adapted to allow the
16                             viewer to transmit information by way of a
17                             cable television network or another
18                             communications network; or
19                        (c) a telephone; or
20                        (d) any other electronic device or thing for
21                             communicating at a distance;
22

23         (2)    In section 3(1) in the definition of machine delete "any" and
24                insert:
25

26                a telecommunications device and any other
27




                                                                           page 11
     Gaming and Wagering Legislation Amendment Bill 2018
     Part 3       Gaming and Wagering Commission Act 1987 amended

     s. 18



1    18.       Section 8 amended
2              After section 8(2)(c)(iii) insert:
3

4                            (iiia)    the advertising of live odds during
5                                      events, whether generally or by specific
6                                      classes of persons or in a specified
7                                      manner or place; and
8


9    19.       Section 43A amended
10             In section 43A(3)(da) delete "races or sporting events; or" and
11             insert:
12

13             events; or
14


15   20.       Section 81 amended
16             Delete section 81(3).

17   21.       Part V Division 5A inserted
18             After Part V Division 5 insert:
19


20                   Division 5A -- Remote gambling devices
21           93A.    Terms used
22                   In this Division --
23                   public premises means premises in a public place,
24                   except --
25                     (a) premises comprising a totalisator agency as
26                           defined in the Racing and Wagering Western
27                           Australia Act 2003 section 3(1); or



     page 12
                     Gaming and Wagering Legislation Amendment Bill 2018
           Gaming and Wagering Commission Act 1987 amended        Part 3

                                                                            s. 22



1                    (b)   premises established by the Commission as
2                          defined in the Lotteries Commission Act 1990
3                          section 3(1) for or in connection with the
4                          performance of the Commission's functions
5                          under that Act; or
6                    (c) prescribed premises or a prescribed class of
7                          premises;
8                  remote gambling device means a telecommunications
9                  device that is primarily or exclusively built to transmit
10                 a bet on an event or contingency.

11         93B.    Offences relating to remote gambling devices
12           (1)   A person who places a remote gambling device on
13                 public premises commits an offence.
14                 Penalty for this subsection: a fine of $20 000.
15           (2)   A person who uses a remote gambling device on public
16                 premises commits an offence.
17                 Penalty for this subsection: a fine of $20 000.
18           (3)   An owner or occupier of public premises commits an
19                 offence if the owner or occupier permits a remote
20                 gambling device to be placed or used on the premises.
21                 Penalty for this subsection: a fine of $20 000.
22


23   22.     Section 101 amended
24           In section 101(1) in the definition of foreign lottery delete "the
25           State," and insert:
26

27           Australia,
28




                                                                        page 13
     Gaming and Wagering Legislation Amendment Bill 2018
     Part 3       Gaming and Wagering Commission Act 1987 amended

     s. 23



1    23.         Section 107 amended
2                In section 107(1) delete "sporting".

3    24.         Section 109D amended
4                In section 109D(3)(b) delete "Burswood Nominees Pty Ltd;
5                and" and insert:
6

7                the casino licensee as defined in the Casino Control Act 1984
8                section 3(1); and
9


10   25.         Various penalties amended
11         (1)   In the provisions listed in the Table delete "Penalty:" and insert:
12

13               Penalty for this subsection: a fine of
14

15                                         Table
       s. 20(3)                                s. 22(5)

       s. 29(1)                                s. 29(2)

       s. 41(3)                                s. 41(6)

       s. 42(4)                                s. 42(5)

       s. 43A(2)                               s. 43A(3)

       s. 44(1)                                s. 45(1)

       s. 45(2)                                s. 45(3)

       s. 45(4)                                s. 57(3)

       s. 58(4)                                s. 85(4)


     page 14
                    Gaming and Wagering Legislation Amendment Bill 2018
          Gaming and Wagering Commission Act 1987 amended        Part 3

                                                                          s. 25



    s. 88(3)                              s. 89(2)

    s. 91(1)                              s. 91(4)

    s. 95(4)                              s. 96(3)

    s. 97(3)                              s. 104(4)

    s. 104(5)                             s. 104C(4)

    s. 104E(1)                            s. 104E(2)

    s. 104E(3)                            s. 104F(1)

    s. 104F(4)                            s. 104L(1)

    s. 104L(2)                            s. 104L(3)

    s. 104M(1)                            s. 104M(2)

    s. 104M(3)                            s. 106(1)

    s. 106(2)                             s. 108(4)

    s. 109H(2)

1   (2)     In the provisions listed in the Table delete "Penalty:" and insert:
2
3           Penalty: a fine of
4

5                                    Table
    s. 86                                 s. 93

    s. 98




                                                                       page 15

 


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