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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Racing Restriction Bill 2003
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Definitions 2
Part 2 -- Restrictions on racing
4. Thoroughbred races 3
5. Harness races 3
6. Greyhound races 3
7. Restriction on certain horse racing 3
8. Offence 4
Part 3 -- Approval as ARO
9. Approval as an ARO 5
10. Variation of conditions and approved rules 6
11. Revocation of approval 6
Part 4 -- RWWA licences for certain
races
12. Non-thoroughbred racing -- RWWA licence 8
Part 5 -- Ministerial directions
13. Ministerial direction on thoroughbred or harness race
meetings 10
14. Ministerial direction on other horse racing 11
Part 6 -- Miscellaneous
15. Regulations 12
179--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Racing Restriction Bill 2003
A Bill for
An Act to regulate horse and greyhound races and race meetings.
The Parliament of Western Australia enacts as follows:
page 1
Racing Restriction Bill 2003
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Racing Restriction Act 2003.
2. Commencement
5 This Act comes into operation on a day to be fixed by
proclamation.
3. Definitions
(1) In this Act, unless the contrary intention appears --
"ARO" means a body corporate approved by the Minister as an
10 approved racing organisation under section 9(3);
"metropolitan area" means the part of the State that comprises
the region described in the Third Schedule to the
Metropolitan Region Town Planning Scheme Act 1959;
"prize", in relation to a race, means a trophy, cup or any other
15 material reward or benefit --
(a) with a value, or of an amount, exceeding that
prescribed in relation to prizes for that kind of race
under the rules of racing; or
(b) if no value or amount is prescribed in relation to
20 prizes for that kind of race under the rules of racing,
with a value, or of an amount, exceeding $50;
"RWWA Act" means the Racing and Wagering Western
Australia Act 2003.
(2) A word or expression used in this Act has the same meaning as
25 it has in the RWWA Act unless --
(a) this Act gives it another meaning; or
(b) the contrary intention appears in some other way.
page 2
Racing Restriction Bill 2003
Restrictions on racing Part 2
s. 4
Part 2 -- Restrictions on racing
4. Thoroughbred races
A thoroughbred race for a stake or prize or for the purpose of
betting must not be held unless the race --
5 (a) is licensed by RWWA under the RWWA Act; and
(b) is held at a racecourse that is licensed by RWWA under
the RWWA Act.
5. Harness races
A harness race for a stake or prize or for the purpose of betting
10 must not be held unless the race --
(a) is licensed by RWWA under the RWWA Act; and
(b) is held at a racecourse that is licensed by RWWA under
the RWWA Act.
6. Greyhound races
15 A greyhound race for a stake or prize or for the purpose of
betting must not be held unless the race --
(a) is licensed by RWWA under the RWWA Act; and
(b) is held at a racecourse that is licensed by RWWA under
the RWWA Act.
20 7. Restriction on certain horse racing
(1) This section does not apply to thoroughbred races or harness
races.
(2) A horse or pony race for a stake or prize or for the purpose of
betting must not be held unless the race is --
25 (a) conducted by an ARO in accordance with the conditions
of the Minister's approval of that ARO under section 9;
or
page 3
Racing Restriction Bill 2003
Part 2 Restrictions on racing
s. 8
(b) licensed by RWWA under section 12 and conducted in
accordance with the conditions of that licence.
8. Offence
If a race is held in contravention of section 4, 5, 6 or 7, each of
5 the following persons commits an offence --
(a) any person who holds the race;
(b) any person on whose behalf the race is held;
(c) each member of any managing body or committee of
any association of persons, whether incorporated or not,
10 which holds the race;
(d) each member of any managing body or committee of
any association of persons, whether incorporated or not,
on whose behalf the race is held; and
(e) any person who acts at the race as a steward, starter or
15 judge or otherwise assists in the conduct of the race.
Penalty: $10 000.
page 4
Racing Restriction Bill 2003
Approval as ARO Part 3
s. 9
Part 3 -- Approval as ARO
9. Approval as an ARO
(1) A person may apply to the Minister to be approved by the
Minister as an approved racing organisation if the person --
5 (a) is a body corporate;
(b) has the capacity to hold horse or pony races for a stake
or prize or for the purpose of betting; and
(c) has the capacity to meet the requirements prescribed by
the regulations for the purposes of this subsection.
10 (2) An applicant for approval as an ARO is to provide with the
application --
(a) a copy of the rules under which it proposes to hold races
and details of the kinds of races it proposes to hold;
(b) details of the racecourse, or racecourses, at which it
15 proposes to hold races; and
(c) any other information that the Minister requires for the
purposes of a proper consideration of the application.
(3) The Minister may approve an applicant as an ARO if the
Minister is satisfied that --
20 (a) the applicant meets the requirements of subsection (1);
(b) the rules provided by the applicant under
subsection (2)(a) are suitable; and
(c) it is not contrary to the public interest to do so.
(4) In determining whether it is contrary to the public interest to
25 approve an applicant as an ARO the Minister may have regard
to the capacity of the applicant --
(a) to control races held by it; and
(b) to conduct the races honestly and free from criminal
influence.
page 5
Racing Restriction Bill 2003
Part 3 Approval as ARO
s. 10
(5) An approval may be subject to any conditions that the Minister
thinks appropriate and sets out in, or attaches to, the approval.
(6) An approval includes an approval of the rules provided by the
applicant under subsection (2)(a).
5 (7) If the Minister decides not to approve an applicant as an ARO,
the Minister is to give the applicant reasons in writing for the
decision.
(8) The Minister is not to approve an applicant as an ARO in
relation to the holding of a thoroughbred race or a harness race.
10 10. Variation of conditions and approved rules
(1) The Minister may --
(a) on the Minister's own initiative or on the application of
an ARO, vary or revoke the conditions to which the
approval of the ARO is subject; or
15 (b) on the application of the ARO, approve a variation of
the rules provided by the ARO that are approved under
section 9(6).
(2) An ARO must not vary the rules provided by the ARO that are
approved under section 9(6) without the approval of the
20 Minister.
(3) An ARO is to provide to the Minister any information that the
Minister requires for the purposes of this section.
11. Revocation of approval
(1) If the Minister is satisfied that --
25 (a) an ARO no longer meets the requirements of
section 9(1); or
(b) it is not in the public interest for a body to remain
approved as an ARO,
the Minister is to revoke the approval of the ARO.
page 6
Racing Restriction Bill 2003
Approval as ARO Part 3
s. 11
(2) If the Minister is satisfied that --
(a) an ARO has contravened a provision of this Act; or
(b) an ARO has breached a condition of its approval as an
ARO,
5 the Minister may revoke the approval of the ARO.
page 7
Racing Restriction Bill 2003
Part 4 RWWA licences for certain races
s. 12
Part 4 -- RWWA licences for certain races
12. Non-thoroughbred racing -- RWWA licence
(1) A person may apply to RWWA under this section for a licence
to hold a horse race for a stake or prize or for the purposes of
5 betting if --
(a) the person is not a racing club registered under the
RWWA Act;
(b) the person is not eligible to apply for a licence for the
race under the RWWA Act; and
10 (c) there is no ARO that is eligible to hold the race meeting
or race.
(2) An applicant for a licence under this section is to provide with
the application --
(a) a copy of the rules under which it proposes to hold the
15 race and details of the kind of race it proposes to hold;
(b) details of the racecourse at which it proposes to hold the
race; and
(c) any other information that RWWA requires for the
purposes of a proper consideration of the application.
20 (3) RWWA may issue the licence if RWWA is satisfied that --
(a) the applicant meets the requirements of subsection (1);
(b) the rules provided by the applicant under
subsection (2)(a) are suitable; and
(c) it is not contrary to the public interest to do so.
25 (4) A licence may be issued subject to any conditions that RWWA
thinks appropriate and sets out in, or attaches to, the licence.
(5) A licence includes an approval of the rules provided by the
applicant under subsection (2)(a).
(6) If RWWA decides not to issue the licence, RWWA is to give
30 the applicant reasons in writing for the decision.
page 8
Racing Restriction Bill 2003
RWWA licences for certain races Part 4
s. 12
(7) RWWA is not to issue a licence under this section in relation to
the holding of a thoroughbred race or a harness race.
page 9
Racing Restriction Bill 2003
Part 5 Ministerial directions
s. 13
Part 5 -- Ministerial directions
13. Ministerial direction on thoroughbred or harness race
meetings
(1) If --
5 (a) RWWA proposes to make any change to the programme
of thoroughbred race meetings customarily conducted in
the metropolitan area; and
(b) the proposed change may necessitate a reduction of the
number of thoroughbred race meetings customarily
10 conducted outside the metropolitan area or the making
of any other change to any programme of thoroughbred
race meetings customarily conducted outside the
metropolitan area,
any dispute arising in relation to the matter may be referred to
15 the Minister who may give RWWA such direction as the
Minister thinks fit in relation to the matter.
(2) If --
(a) RWWA proposes to make any change to the programme
of harness race meetings customarily conducted in the
20 metropolitan area; and
(b) the proposed change may necessitate a reduction of the
number of harness race meetings customarily conducted
outside the metropolitan area or the making of any other
change to any programme of harness race meetings
25 customarily conducted outside the metropolitan area,
any dispute arising in relation to the matter may be referred to
the Minister who may give RWWA such direction as the
Minister thinks fit in relation to the matter.
(3) RWWA must give effect to a direction of the Minister under
30 subsection (1) or (2).
page 10
Racing Restriction Bill 2003
Ministerial directions Part 5
s. 14
(4) A direction given by the Minister under subsection (1) or (2)
may, on the application of RWWA, be varied or cancelled by
the Minister.
14. Ministerial direction on other horse racing
5 (1) If --
(a) an ARO proposes to make any change to the programme
of race meetings customarily conducted by the ARO in
the metropolitan area; and
(b) the proposed change may necessitate --
10 (i) a reduction in the number of race meetings
customarily conducted by the ARO or another
ARO outside the metropolitan area; or
(ii) the making of any other change to any
programme of race meetings customarily
15 conducted by the ARO or another ARO outside
the metropolitan area,
any dispute arising in relation to the matter may be referred to
the Minister who may give the ARO or another ARO such
direction as the Minister thinks fit in relation to the matter, and
20 effect is to be given to any such direction.
(2) An ARO must give effect to a direction of the Minister given to
the ARO under subsection (1).
(3) A direction given by the Minister for the purposes of
subsection (1) may, on the application of the ARO given the
25 direction, be varied or cancelled by the Minister.
page 11
Racing Restriction Bill 2003
Part 6 Miscellaneous
s. 15
Part 6 -- Miscellaneous
15. Regulations
The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
5 necessary or convenient to be prescribed, for giving effect to the
purposes of this Act.
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