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


RACING, WAGERING AND BETTING LEGISLATION AMENDMENT AND REPEAL BILL 2007

                  Western Australia


Racing, Wagering and Betting Legislation
   Amendment and Repeal Bill 2007

                     CONTENTS


      Part 1 -- Preliminary
1.    Short title                          2
2.    Commencement                         2
      Part 2 -- Betting Control Act 1954
           amended
3.    The Act amended                      3
4.    Section 12 amended                   3
5.    Section 15 amended                   3
6.    Section 17E amended                  4
7.    Section 18A amended                  5
8.    Section 21 amended                   5
9.    Section 22 amended                   5
10.   Section 22A inserted                 6
11.   Section 23 amended                   7
      Part 3 -- Gaming and Wagering
           Commission Act 1987 amended
12.   The Act amended                      8
13.   Section 43A amended                  8




                       189--1              page i
Racing, Wagering and Betting Legislation Amendment and Repeal Bill 2007



Contents



              Part 4 -- Incorporation of
                   Kalgoorlie-Boulder Racing Club
                   and repeal of Kalgoorlie and
                   Boulder Racing Clubs
                   Act 1904 and the Kalgoorlie and
                   Boulder Racing Clubs Act
                   Amendment Act 1953
              Division 1 -- Incorporation and repeal
      14.     Meaning of terms used in this Part                     9
      15.     Power to incorporate under the Associations
              Incorporation Act 1987                                 9
      16.     Application for incorporation as an association        9
      17.     Exemption from stamp duty                             10
      18.     Repeals                                               10
              Division 2 -- Transitional and savings
                     provisions
      19.     Interpretation Act 1984 not affected                  10
      20.     Effect of incorporation on licence, permit or
              approval                                              10
      21.     Chairman's liabilities incurred prior to
              incorporation to transfer to incorporated Club        11
      22.     Powers in relation to transitional provision          11
              Part 5 -- Racing and Wagering
                   Western Australia Act 2003
                   amended
      23.     The Act amended                                       13
      24.     Section 11 amended                                    13
      25.     Section 12 amended                                    13
      26.     Section 17 amended                                    13
      27.     Section 24 amended                                    14
              Defined Terms




page ii
                           Western Australia


                     LEGISLATIVE ASSEMBLY



     Racing, Wagering and Betting Legislation
        Amendment and Repeal Bill 2007


                               A Bill for


An Act --
•  to amend the Betting Control Act 1954; and
•  to amend the Gaming and Wagering Commission Act 1987; and
•  to repeal the Kalgoorlie and Boulder Racing Clubs Act 1904; and
•  to repeal the Kalgoorlie and Boulder Racing Clubs Act
   Amendment Act 1953; and
•  for purposes relating to the repeals; and
•  to amend the Racing and Wagering Western Australia Act 2003.



The Parliament of Western Australia enacts as follows:




                                                            page 1
    Racing, Wagering and Betting Legislation Amendment and Repeal Bill 2007
    Part 1          Preliminary

    s. 1



                           Part 1 -- Preliminary
    1.       Short title
             This is the Racing, Wagering and Betting Legislation
             Amendment and Repeal Act 2007.

5   2.       Commencement
             This Act comes into operation on the day after the day on which
             it receives the Royal Assent.




    page 2
          Racing, Wagering and Betting Legislation Amendment and Repeal Bill 2007
                                  Betting Control Act 1954 amended        Part 2

                                                                                      s. 3



                    Part 2 -- Betting Control Act 1954 amended
     3.              The Act amended
                     The amendments in this Part are to the Betting Control
                     Act 1954*.
 5                   [* Reprint 8 as at 20 October 2006.
                        For subsequent amendments see Act No. 70 of 2006.]

     4.              Section 12 amended
          (1)        Section 12(3a) is amended by deleting "No" and inserting
                     instead --
10                   "     Subject to subsection (3b), no   ".
          (2)        After section 12(3a) the following subsection is inserted --
                "
                    (3b)     A bookmaker may take bets --
                              (a) by means of telephone betting in accordance
15                                 with the regulations; or
                              (b) by means of internet betting in accordance with
                                   the regulations,
                             on a race course under subsection (3) whether or not a
                             steward is present at the race course to supervise the
20                           conduct of the betting.
                                                                                       ".

     5.              Section 15 amended
                     Section 15(4) is amended by deleting "12(3)(a)(ii)" and
                     inserting instead --
25                   "     12(3)(b)   ".




                                                                                 page 3
     Racing, Wagering and Betting Legislation Amendment and Repeal Bill 2007
     Part 2          Betting Control Act 1954 amended

     s. 6



     6.             Section 17E amended
          (1)       Section 17E(1)(a) is amended after "kind" by inserting --
                           "
                                 or if another amount is determined by RWWA
 5                               under this section, that amount
                                                                                   ".
          (2)       Section 17E(2) is repealed and the following subsections are
                    inserted instead --
                "
10                  (2)   RWWA may, if it considers it necessary, determine a
                          lower amount than that prescribed as the amount of
                          commission to be deducted under subsection (1) from
                          bets --
                            (a) of a specified kind; and
15                          (b) received by RWWA or one of its agencies for
                                 inclusion in a totalisator pool operated by
                                 RWWA under the RWWA Act
                                 section 50(1)(b),
                          during a specified period.
20                  (3)   RWWA may, if it considers it necessary, determine an
                          amount other than that prescribed as the amount of
                          commission to be deducted under subsection (1) from
                          bets --
                            (a) of a specified kind; and
25                          (b) received by RWWA or one of its agencies for
                                 inclusion in a combined totalisator pool scheme
                                 of a kind referred to in the RWWA Act
                                 section 59,
                          during a specified period.




     page 4
          Racing, Wagering and Betting Legislation Amendment and Repeal Bill 2007
                                  Betting Control Act 1954 amended        Part 2

                                                                                     s. 7



                (4)       RWWA must provide the Commission with written
                          notice of a determination under subsection (2) or (3).
                                                                                      ".

     7.         Section 18A amended
 5              Section 18A(1) is amended by deleting "12(3)(a)(ii)" and
                inserting instead --
                "     12(3)(b)      ".

     8.         Section 21 amended
          (1)   Section 21(1) is amended after each of paragraphs (a) and (b) by
10              inserting --
                " or          ".
          (2)   Section 21(2) is amended as follows:
                  (a) by deleting paragraph (d) and inserting instead --
                          "
15                            (d)   place a bet with or through RWWA for any
                                    person who is prohibited from entering a place
                                    where a totalisator is being operated.
                                                                                      ";
                    (b)       after each of paragraphs (a) and (b) by inserting --
20                            " or ".

     9.         Section 22 amended
          (1)   Section 22(1) is amended as follows:
                  (a) after paragraph (a) by inserting --
                       " or ";




                                                                                page 5
     Racing, Wagering and Betting Legislation Amendment and Repeal Bill 2007
     Part 2          Betting Control Act 1954 amended

     s. 10



                    (b)       in paragraph (c) by deleting the full stop and
                              inserting --
                          "
                                    ; or
 5                            (d)   request any other person to collect payment of a
                                    winning bet for him or for her.
                                                                                       ".
           (2)   Section 22(2) is amended as follows:
                   (a) after paragraph (a) by inserting --
10                      " or ";
                  (b) in paragraph (c) by deleting the full stop and
                        inserting --
                          "
                                    ; or
15                            (d)   request any other person to collect payment of a
                                    winning bet with or through RWWA for him or
                                    for her.
                                                                                       ".

     10.         Section 22A inserted
20               After section 22 the following section is inserted --
     "
             22A.         Prohibition on assisting minors to bet
                          A person shall not knowingly --
                           (a) place a bet --
25                                  (i) with a totalisator; or
                                   (ii) with a bookmaker, or the employee or
                                         the licensed manager of a bookmaker,
                                         licensed under this Act; or
                                  (iii) with or through RWWA;
30                               or


     page 6
           Racing, Wagering and Betting Legislation Amendment and Repeal Bill 2007
                                   Betting Control Act 1954 amended        Part 2

                                                                               s. 11



                        (b)   where such a bet has been placed and is a
                              winning bet, collect payment of the bet,
                       for a person who is apparently under the age of
                       18 years.
 5                     Penalty: $200.
                                                                                  ".

     11.         Section 23 amended
                 Section 23(2) is repealed and the following subsection is
                 inserted instead --
10           "
                 (2)   No person shall knowingly --
                         (a) place a bet for; or
                         (b) assist in laying, procuring or obtaining a bet
                                with any bookmaker for,
15                     a person to whom an order made under section 25
                       applies.
                       Penalty: $200.
                                                                                  ".




                                                                              page 7
     Racing, Wagering and Betting Legislation Amendment and Repeal Bill 2007
     Part 3          Gaming and Wagering Commission Act 1987 amended

     s. 12



              Part 3 -- Gaming and Wagering Commission
                         Act 1987 amended
     12.       The Act amended
               The amendments in this Part are to the Gaming and Wagering
 5             Commission Act 1987*.
               [* Reprint 4 as at 18 August 2006.
                  For subsequent amendments see Act No. 77 of 2006.]

     13.       Section 43A amended
               Section 43A(1) is amended by deleting the definition of
10             "unlawful wagering" and inserting instead --
               "
                    "unlawful wagering" means wagering other than
                        social gambling.
                                                                               ".




     page 8
       Racing, Wagering and Betting Legislation Amendment and Repeal Bill 2007
        Incorporation of Kalgoorlie-Boulder Racing Club and repeal of  Part 4
     Kalgoorlie and Boulder Racing Clubs Act 1904 and the Kalgoorlie
                  and Boulder Racing Clubs Act Amendment Act 1953
                                           Incorporation and repeal      Division 1
                                                                              s. 14


     Part 4 -- Incorporation of Kalgoorlie-Boulder Racing
       Club and repeal of Kalgoorlie and Boulder Racing
     Clubs Act 1904 and the Kalgoorlie and Boulder Racing
                Clubs Act Amendment Act 1953
 5                    Division 1 -- Incorporation and repeal
     14.         Meaning of terms used in this Part
           (1)   Terms used in this Part have the same meaning as in the
                 Kalgoorlie and Boulder Racing Clubs Act 1904.
           (2)   In this Part --
10               "incorporated Club" means the Club after it is incorporated as
                      an association under the Associations Incorporation
                      Act 1987.

     15.         Power to incorporate under the Associations Incorporation
                 Act 1987
15         (1)   The Club may become incorporated as an association under the
                 Associations Incorporation Act 1987.
           (2)   If the Club becomes incorporated as an association, nothing in
                 the Kalgoorlie and Boulder Racing Clubs Act 1904 or the
                 Kalgoorlie and Boulder Racing Clubs Act Amendment Act 1953
20               prevents the real and personal property that is vested in and held
                 by the chairman under those Acts from vesting in the
                 incorporated Club under the Associations Incorporation
                 Act 1987 section 11.

     16.         Application for incorporation as an association
25               The Associations Incorporation Act 1987 sections 5(2)(b)(iii), 6,
                 7 and 9(1)(d) do not apply to an application by the Club to
                 become incorporated as an association under that Act.




                                                                            page 9
     Racing, Wagering and Betting Legislation Amendment and Repeal Bill 2007
     Part 4          Incorporation of Kalgoorlie-Boulder Racing Club and repeal of
                     Kalgoorlie and Boulder Racing Clubs Act 1904 and the
                     Kalgoorlie and Boulder Racing Clubs Act Amendment Act 1953
     Division 2         Transitional and savings provisions
     s. 17

     17.         Exemption from stamp duty
           (1)   In this section --
                 "property of the Club" means the real and personal property
                      held by any person for or on behalf of the Club.
 5         (2)   Duty under the Stamp Act 1921 is not payable on an instrument
                 executed for the purpose of vesting or registering the property
                 of the Club in the incorporated Club.

     18.         Repeals
                 On the Club becoming incorporated as an association under the
10               Associations Incorporation Act 1987 --
                  (a) the Kalgoorlie and Boulder Racing Clubs Act 1904; and
                  (b) the Kalgoorlie and Boulder Racing Clubs Act
                        Amendment Act 1953; and
                  (c) the Kalgoorlie-Boulder Racing Club By-laws 2004; and
15                (d) the Kalgoorlie-Boulder Racing Club By-laws
                        Notice 2004,
                 are repealed.

                 Division 2 -- Transitional and savings provisions
     19.         Interpretation Act 1984 not affected
20               The provisions of this Division do not prejudice or affect the
                 application of the Interpretation Act 1984 to and in relation to
                 the repeals effected by section 18.

     20.         Effect of incorporation on licence, permit or approval
                 A licence, permit or approval issued or given to the Club under
25               a written law and in force immediately before the Club is
                 incorporated under the Associations Incorporation Act 1987
                 continues in force as if the licence, permit or approval, when
                 issued or given, were issued or given to the incorporated Club.


     page 10
       Racing, Wagering and Betting Legislation Amendment and Repeal Bill 2007
        Incorporation of Kalgoorlie-Boulder Racing Club and repeal of  Part 4
     Kalgoorlie and Boulder Racing Clubs Act 1904 and the Kalgoorlie
                  and Boulder Racing Clubs Act Amendment Act 1953
                                  Transitional and savings provisions     Division 2
                                                                               s. 21

     21.         Chairman's liabilities incurred prior to incorporation to
                 transfer to incorporated Club
           (1)   A liability incurred by the chairman by or on behalf of the Club
                 and existing immediately before the Club is incorporated under
 5               the Associations Incorporation Act 1987 becomes a liability of
                 and exercisable against the incorporated Club.
           (2)   This section operates despite the Associations Incorporation
                 Act 1987 section 10(c).

     22.         Powers in relation to transitional provision
10         (1)   If there is no sufficient provision in this Part for dealing with a
                 transitional matter, regulations under this section may prescribe
                 all matters that are required or necessary or convenient to be
                 prescribed for dealing with the matter.
           (2)   Regulations made under subsection (1) may provide that
15               specified provisions of this Part --
                   (a) do not apply; or
                   (b) apply with specified modifications,
                 to or in relation to any matter.
           (3)   If regulations under subsection (1) provide that a specified state
20               of affairs is taken to have existed, or not to have existed, on and
                 from a day that is earlier than the day on which the regulations
                 are published in the Gazette but not earlier than the day this
                 section comes into operation, the regulations have effect
                 according to their terms.
25         (4)   In subsections (2) and (3) --
                 "specified" means specified or described in the regulations.




                                                                             page 11
    Racing, Wagering and Betting Legislation Amendment and Repeal Bill 2007
    Part 4          Incorporation of Kalgoorlie-Boulder Racing Club and repeal of
                    Kalgoorlie and Boulder Racing Clubs Act 1904 and the
                    Kalgoorlie and Boulder Racing Clubs Act Amendment Act 1953
    Division 2       Transitional and savings provisions
    s. 22

       (5)    If regulations contain a provision referred to in subsection (3),
              the provision does not operate so as to --
                (a) affect in a manner prejudicial to any person (other than
                      the State) the right of that person existing before the day
5                     of publication of those regulations; or
                (b) impose liabilities on any person (other than the State or
                      an authority of the State) in respect of anything done or
                      omitted to be done before the day of publication of those
                      regulations.




    page 12
           Racing, Wagering and Betting Legislation Amendment and Repeal Bill 2007
             Racing and Wagering Western Australia Act 2003 amended        Part 5

                                                                              s. 23



           Part 5 -- Racing and Wagering Western Australia
                         Act 2003 amended
     23.        The Act amended
                The amendments in this Part are to the Racing and Wagering
 5              Western Australia Act 2003*.
                [* Reprint 1 as at 22 September 2006.
                   For subsequent amendments see Act No. 77 of 2006.]

     24.        Section 11 amended
                Section 11(2)(b) is deleted and the following paragraph is
10              inserted instead --
                     "
                        (b) one person, not being a director selected under
                              section 8(1)(b), (c) or (d), nominated by the
                              board;
15                                                                               ".
     25.        Section 12 amended
                Section 12 is amended by deleting "section 11(2)(b), (c)," and
                inserting instead --
                "   section 11(2)(c),   ".

20   26.        Section 17 amended
                Section 17(4)(c) is amended by inserting after "16" --
                " or 47     ".




                                                                          page 13
    Racing, Wagering and Betting Legislation Amendment and Repeal Bill 2007
    Part 5          Racing and Wagering Western Australia Act 2003 amended

    s. 27



    27.       Section 24 amended
              Section 24(2) is amended in paragraph (a) of the definition of
              "RWWA key employee" by deleting "employed or working for
              RWWA in a managerial capacity or" and inserting instead --
5                       "
                               who, whether or not employed or working
                               for RWWA, is
                                                                             ".




    page 14
Racing, Wagering and Betting Legislation Amendment and Repeal Bill 2007



                                                                                            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)
  incorporated Club.......................................................................................14(2)
  property of the Club ...................................................................................17(1)
  specified.....................................................................................................22(4)




 


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