Acts Amendment (Fixed Odds Betting) Act 1999 (WA)
Western Australia
Acts Amendment (Fixed Odds Betting) Act 1999
(No. 40 of 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 | Section 14A repealed | 5 |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 |
Acts Amendment (Fixed Odds Betting) Act 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 |
| Western Australia |
Acts Amendment (Fixed Odds Betting) Act 1999
No. 40 of 1999
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.
[Assented to 16 November 1999]
The Parliament of Western Australia enacts as follows:
Acts Amendment (Fixed Odds Betting) Act 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. |
2. Commencement
This Act comes into operation on a day fixed by proclamation.
Acts Amendment (Fixed Odds Betting) Act 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 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
| 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 —
| “ |
Part 1 — Preliminary
”.
6. Section 3 amended
Section 3 is amended as follows:
| (a) | by inserting the following definitions in their appropriate alphabetical positions — |
“
“Betting Control Board” means the Betting Control Board established under section 6 of the Betting Control Act 1954;
Acts Amendment (Fixed Odds Betting) Act 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;
”;
| (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 —
| “ |
Part 2 — The TAB
”.
8. Section 4 amended
| (1) | Section 4(2)(a) is amended as follows: |
| (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 |
| sporting events; and |
”;
| (b) |
in subparagraph (ii) by deleting “principal business,” “ business of totalisator or fixed odds betting, ”;
| (c) | subparagraph (ii), by deleting “principal business” and |
in the remainder of the paragraph following “ business of totalisator or fixed odds betting ”.
Acts Amendment (Fixed Odds Betting) Act 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 under this Act, the direction prevails to the extent of |
| the inconsistency. |
”.
9. Section 4A inserted
After section 4 the following section is inserted —
| “ |
| 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. |
”.
10. Section 14A repealed
Section 14A is repealed.
11. Section 15 amended
Section 15(a) is amended by deleting “its proceedings” and inserting instead —
“ the Board’s proceedings ”.
Acts Amendment (Fixed Odds Betting) Act 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
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. |
| (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 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 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, productivity levels, financial requirements, capital expenditure and personnel requirements; |
and
Acts Amendment (Fixed Odds Betting) Act 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 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 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 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. |
| (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 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 |
Acts Amendment (Fixed Odds Betting) Act 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) | 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 |
| (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. |
| (2) | In subsection (1) — |
| “latest draft plan” means the draft strategic |
development plan submitted, or last submitted, by direction of the Minister.
the Board to the Minister before the start of the
financial year with any modifications made by the
| 19AG. | Minister's agreement to draft strategic development plan |
| When the Board and the Minister reach agreement on a 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. |
Acts Amendment (Fixed Odds Betting) Act 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 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. |
| (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 |
| 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 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 |
| (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. |
Acts Amendment (Fixed Odds Betting) Act 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 |
| 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 |
| (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; |
| (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; |
| (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; |
| (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. |
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| 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 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 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 — |
| (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 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 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. |
Acts Amendment (Fixed Odds Betting) Act 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 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 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) — |
| “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 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 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 |
Acts Amendment (Fixed Odds Betting) Act 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 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 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 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. |
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 statement of corporate intent under section 19AQ, |
except with the concurrence of the Treasurer.
Acts Amendment (Fixed Odds Betting) Act 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 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 — |
| (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 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 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 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,
electronically or otherwise;
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| 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.
”.
13. Part heading inserted
Before section 19A the following heading is inserted —
| “ |
Part 4 — Totalisator betting
”.
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 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 in the public interest. |
”.
15. Section 22 amended
After section 22(4) the following subsection is inserted —
“
| (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 |
Acts Amendment (Fixed Odds Betting) Act 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. |
”.
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
| (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 |
| (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) — |
| “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 — |
| (a) | it would not be in the public interest to accept fixed odds bets on that race or event; or |
Acts Amendment (Fixed Odds Betting) Act 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 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 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 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 |
| 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 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 agency of the TAB, or any part thereof, being deemed or declared, whether at common law or |
Acts Amendment (Fixed Odds Betting) Act 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 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. |
| 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. | |
| 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 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 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 in respect of fixed odds bets made on greyhound races — to WAGRA; and |
Acts Amendment (Fixed Odds Betting) Act 1999
| Totalisator Agency Board Betting Act 1960 amended | Part 2 |
| s. 17 |
| (c) |
in the case of unclaimed winnings and refunds including sporting events referred to in section 24 — into the TAB Sports Betting 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 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 Gazette for public information. |
”.
17. Part heading inserted
Before section 25 the following heading is inserted —
| “ |
Part 6 — General financial provisions
”.
18. Section 25 amended
Section 25(b) is amended by deleting “rate imposed by section 2” and inserting instead —
“ rates imposed by sections 2 and 3 ”.
Acts Amendment (Fixed Odds Betting) Act 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 section 26A; |
”.
20. Section 26A inserted
After section 26 the following section is inserted —
| “ |
| 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
Section 27 is amended as follows:
| (a) |
in subsection (1) by deleting “The” and inserting “ Subject to subsection (1a), the ”;
| (b) | in subsection (1) by deleting “other State or any Territory 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 — |
“
| (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. |
”;
Acts Amendment (Fixed Odds Betting) Act 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 — |
| “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
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 under a written law of another country. |
”.
22. Sections 27A and 27B inserted
After section 27 the following sections are inserted —
| “ |
| 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 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 to that joint system that may already be in place.
Acts Amendment (Fixed Odds Betting) Act 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. | |
| (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 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 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
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 |
| (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; |
Acts Amendment (Fixed Odds Betting) Act 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; |
| (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, |
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 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 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 |
| (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. |
”.
Acts Amendment (Fixed Odds Betting) Act 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) ”. |
| (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 —
| “ |
Part 7 — Miscellaneous
”.
25. Section 33 amended
| Section 33(a) is amended after subparagraph (i) by deleting “or” 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; |
| (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 instead — “ Revenue ”. |
Acts Amendment (Fixed Odds Betting) Act 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
Section 40(2) is amended as follows:
| (a) | in paragraph (a) — |
| (i) |
by deleting “a sporting event” and inserting “ an event, including a sporting event, ”; and
| (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
After section 56 the following section is inserted —
| “ |
| 56A. | Supplementary provision as to laying documents before Parliament |
| (1) | If — |
| (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 will not sit during that period, |
the Minister is to transmit a copy of the document to
the Clerk of that House.
Acts Amendment (Fixed Odds Betting) Act 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 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 the copy by the Clerk. |
”.
29. Section 57 amended
| Section 57(3)(a)(ii) is amended by inserting after “totalisator” — “ or fixed odds betting ”. |
Acts Amendment (Fixed Odds Betting) Act 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.
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 — “ |
“fixed odds bet” has the meaning given to that term in
the Totalisator Agency Board Betting Act 1960;
”.
32. Section 17E amended
| 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 —
| “ |
| 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”) equal to or greater than the prescribed figure (“margin”) for that type of race or event. |
Acts Amendment (Fixed Odds Betting) Act 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. |
| (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
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) 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 participants in the particular race or event…); and |
| n | represents the number of participants in that race or event. |
”.
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 ”. |
Acts Amendment (Fixed Odds Betting) Act 1999
Betting Control Act 1954 amended
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 — |
| “ or totalisator agency ”. |
35. Section 23 amended
| Section 23(1)(b) is amended after subparagraph (i) by deleting “or” and inserting — “ |
| (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 —
| “ |
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 the TAB, contrary to the provisions of section 33 of the Totalisator Agency Board Betting Act 1960, commits an offence. Penalty: $5 000. |
”.
Acts Amendment (Fixed Odds Betting) Act 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 —
“ and section 24C ”.
[* Act No. 72 of 1976.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p.208.]
By Authority: JOHN A. STRIJK, Government Printer
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