Acts Amendment (Racing and Betting Legislation) Act 1995 (WA)
WESTERN AUSTRALIA
ACTS AMENDMENT (RACING AND BETTING LEGISLATION) ACT 1995
No. 63 of 1995
AN ACT to amend the Totalisator Agency Board Betting Act 1960, the Betting Control Act 1954 and the Bookmakers Betting Tax Act 1954; to repeal the Totalisator Duty Act 1905; and for related purposes.
[Assented to 27 December 1995.)
The Parliament of Western Australia enacts as follows:
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PART 1 — PRELIMINARY
Short title
1. This Act may be cited as the Acts Amendment (Racing and
Betting Legislation) Act 1995.
Commencement
2. The provisions of this Act come into operation on such day as
is, or days as are respectively, fixed by proclamation.
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PART 2 — TOTALISATOR AGENCY BOARD
BETTING ACT 1960
Division 1 — Preliminary
Principal Act
3. In this Part the Totalisator Agency Board Betting Act 1960*
is referred to as the principal Act.
[* Reprinted as at 27 September 1991.
For errata and subsequent amendments see 1994 Index to Legislation of Western Australia, Table 1, p. 215.]
Division 2 — The Board
Section 3 amended
4. Section 3 of the principal Act is amended —
| (a) | by deleting the definition of "chief executive officer"; and |
| (b) | by deleting the definition of "member" and substituting the definition following — |
tI
"member" means a person who is a member of the Board;
Section 6 amended
5. Section 6 of the principal Act is amended —
(a) by repealing subsection (1) and substituting the subsection following -
{I
(1) The governing body of the TAB shall be the Board.
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(b) by repealing subsection (2) and substituting the subsection following —
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(2) On and after the coming into operation of section 5 of the Acts Amendment (Racing and Betting Legislation) Act 1995 the Board shall comprise 7 members appointed by the Minister as people who have —
| (a) | expertise relevant to the functions of the TAB and its operations, including expertise in management, finance, business or commerce; or |
| (b) | knowledge of, and experience in, the racing industry. |
| (c) | by repealing subsection (3) and substituting the subsection following — |
I{
(3) The Minister is to appoint one of the members to be chairperson of the Board, and another to be the deputy of the chairperson to perform the functions of the chairperson when the chairperson is unable to do so or when the office of chairperson is vacant.
and
(d) in subsection (4) —
(i) by deleting ", other than an ex officio member";
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(ii) by deleting paragraph (a) and substituting the paragraph following —
44
| (a) | is an insolvent under administration, as that expression is defined in the Corporations Law; |
(iii) by deleting paragraph (c) and substituting the paragraph following —
(c) is, in the opinion of the Minister, unable, through illness or absence from the State, to perform the functions of the office;
(iv) in paragraphs (e) and (f), by inserting, after "his" in each place where it appears, the following —
or her
(v) throughout, by deleting "Governor" in each place where it appears, and substituting the following —
| Minister | "; and |
(vi) by adding the new subsections following —
(8) The Minister may approve a person to act as the deputy of a member, other than the chairperson, and at any meeting of the Board at which a member is not present the
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deputy of that member may exercise the powers and perform the duties of the member.
No act or omission of a person acting as a deputy under this section shall be questioned on the ground that the occasion for so acting had not arisen or had ceased.
(9)
Schedule 1 has effect with respect to the constitution and proceedings of the Board and of its sub-committees.
(10)
Section '7 repealed
6. Section 7 of the principal Act is repealed.
Section 8 repealed
7. Section 8 of the principal Act is repealed.
Section 10 repealed and new section substituted
8. Section 10 of the principal Act is repealed and the following
section is substituted —
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Remuneration etc.
10. A member, and a person approved to act as the deputy of a member, shall be paid such remuneration and travelling or other allowances as are determined by the Minister, on the recommendation of the Minister for Public Sector Management, from time to time.
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Section 12 repealed
9. Section 12 of the principal Act is repealed.
Section 13 amended
10. Section 13 of the principal Act is amended by deleting "or the Betting Control Act 1954".
Section 16 amended
11. Section 16 (3) of the principal Act is amended by deleting
"Public Service Act 1978" and substituting the following —
Public Sector Management Act 1994
Schedule 1 repealed and new Schedule substituted
12. The principal Act is amended by repealing the first Schedule and substituting the Schedule following —
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SCHEDULE 1
[Section 6 (10)]
PROVISIONS APPLICABLE TO nth BOARD
AND SUB-COMMITTEES
Tenure of office
1. A member whose term of office expires due to the effluxion of time —
| (a) | is eligible to be reappointed; and |
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(b) continues in office until he or she is reappointed or a successor comes into office (as the case may be).
Disclosure of interests
2. (1) A member of the Board or of a sub-committee of the Board who has a direct or indirect interest, other than as a member, in a matter before the Board or a sub- committee —
| (a) | shall, as soon as the person is aware of the matter, disclose the nature of the interest to the Board or the sub-committee; and |
| (b) | shall not without the approval of the Board or the sub-committee take part in any deliberation or decision of the Board or sub-committee with respect to the matter. |
Penalty: $5 000.
(2) A disclosure made by a person under this clause shall be recorded in the minutes of the Board of the sub-committee.
General procedure concerning meetings
3. (1) The procedure for convening meetings of the Board or a sub-committee and the conduct of business at those meetings shall, subject to this Act, be as determined by the Board.
(2) The Board is required to cause accurate minutes of its meetings to be recorded and preserved.
(3) The first meeting of the Board shall be convened by the presiding member.
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Presiding member
4. At a meeting of the Board —
| (a) | the chairperson, or in his or her absence the deputy of the chairperson, shall preside; or |
| (b) | in the absence of both of those members, a member elected by the members present shall preside. |
Quorum
5. A quorum of the Board is 4 members.
Voting
6. (1) A decision of the majority of members at a
meeting of the Board at which a quorum is present is the
decision of the Board.
(2) If the votes of members present at a meeting and voting are equally divided the presiding member shall have a casting vote in addition to a deliberative vote.
Sub-committees
7. (1) The Board may from time to time appoint sub- committees of such members, or such members and other persons, as it thinks fit and may discharge or alter any sub- committee so appointed.
(2)
Subject to the directions of the Board and to the
terms of any delegation under section 13, each sub-
committee may determine its own procedures.
A sub-committee shall cause accurate minutes of its meetings to be recorded and preserved.
(3)
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Resolution may be passed without meeting
8. A resolution in writing signed or assented to by each member by letter, telegram, telex or facsimile transmission is as valid and effectual as if it had been passed at a meeting of the Board.
Division 3 — Financial provisions
Section 18 amended
13. Section 18 of the principal Act is amended —
| (a) | or under the Betting Control Act 1954 | |
| ||
| (b) | by adding the subsection following — |
ft
(7) The TAB shall, in the prescribed manner, pay to the Betting Control Board established under the Betting Control Act 1954 an annual fee, to meet the costs of that Board in regulating TAB operations, of such an amount as may be —
| (a) | determined by the Betting Control Board; and |
| (b) | approved by the Minister. |
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Section 28 amended
14. (1) Section 28 (1) of the principal Act is amended —
(a) in paragraph (e) —
(i) by deleting "section 20 (1) (aa) and (c)", and substituting the following —
|
section 20 (1) (a), (aa) and (c)
(ii) by deleting "and duty received by the TAB under section 24" and substituting the following —
retained by the TAB under section
17E of the Betting Control Act 1954
and
(iii) by deleting "; and" and substituting a comma;
(b) by deleting paragraph (f);
(c) by deleting "to the Club and the Association"; and
(d) by deleting "as agreed between the TAB, the Club and the Association and in default of agreement, as the Minister directs" and substituting the following —
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in such manner as the Minister may direct
in accordance with a written law
(2) Section 28 (2) of the principal Act is amended —
(a) by deleting "Subject to subsection (3a), the" and substituting the following —
92;
The
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(b) in paragraph (h) —
(i) by deleting "31 July 1996" and substituting the following —
| on such date as is prescribed | "; and |
(ii) in subparagraph (ii), by deleting "balance;" and substituting the following —
balance,
and in respect of each racing year, or part of a year, thereafter, an amount equal to 65% of all moneys received by the TAB in respect of bets on horse races and held in that balance.
and
(c) by deleting paragraphs (i), (j) and (k).
(3) Section 28 (3) of the principal Act is amended —
| (a) | by deleting "Subject to subsection (3a), the" and substituting the following — |
| The | "; and |
| (b) | in paragraph (h) — |
(i) by deleting "31 July 1996" and substituting the
following —
| on such date as is prescribed | "; and |
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(ii) in subparagraph (ii), by deleting "balance;" and substituting the following —
balance,
and in respect of each racing year, or part of a year, thereafter, an amount equal to 35% of all moneys received by the TAB in respect of bets on horse races and held in that balance.
and
(c) deleting paragraphs (i), (j) and (k).
(4) Section 28 (3a) of the principal Act is repealed.
(5) Section 28 (4) (a) of the principal Act is amended
| (a) | by inserting, after "28.09%", the following — |
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, or such greater percentage as may be
prescribed,
and
| (b) | by deleting "Country TAB Clubs' Racing Association" and substituting the following — |
Western Australian Provincial
Thoroughbred Racing Association
(6) Section 28 (5) of the principal Act is amended (a) in paragraph (a), by inserting, after "20%", the
following —
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, or such greater percentage as may be
prescribed,
and
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(b) in paragraph (b), by deleting "80%" and substituting
the following —
| " | the balance |
Section 28A amended
15. Section 28A (1) (a) of the principal Act is amended —
| (a) | by deleting "section 24 (2)" and substituting the following — |
"
section 17E (2) of the Betting Control
Act 1954
and
| (b) | by inserting, after "section 27", the following — | |
|
of this Act
Division 4 — Regulation of betting
Long title amended
16. The long title to the principal Act is amended by deleting "and to authorize, regulate and control betting off a race course" and substituting the following —
"
, to authorize the provision and operation of
betting services
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Section 3 amended
17. Section 3 of the principal Act is amended —
|
Section 17 amended
18. Section 17 (1) of the principal Act is amended, in paragraph
(a), by deleting "in accordance with this Act".
Section 20 amended
19. Section 20 (1) of the principal Act is amended —
|
Section 24 repealed
20. Section 24 of the principal Act is repealed.
Section 25 amended
21. Section 25 of the principal Act is amended, in
paragraph (a), by deleting "in accordance with this Act".
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Section 28AA repealed
22. Section 28AA of the principal Act is repealed.
Section 30 repealed
23. Section 30 of the principal Act is repealed.
Section 36 amended
24. (1) Section 36 (1) of the principal Act is amended —
|
a
, members of the Betting Control Board
established under the Betting Control Act
1954
| (b) | by inserting, after "the TAB" in the second place where it occurs, the following — |
"
| , the Betting Control Board | "; and |
| (c) | by inserting, after "a member", the following — |
it
, a member of the Betting Control Board
(2) Section 36 (2) of the principal Act is amended by deleting "The" and substituting the following —
The Betting Control Board, and persons authorized by it, and the
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Sections 37, 38 and 39 repealed
25. Sections 37, 38 and 39 of the principal Act are repealed.
Section 40 amended
26. Section 40 of the principal Act is amended by repealing
subsection (1).
Sections 41 to 46, 46A, 46B, 47 to 51, 51A, 52, 53 and 54 repealed
27. Sections 41 to 46, 46A, 46B, 47 to 51, 51A, 52, 53 and 54 of the principal Act are repealed.
Section 55 amended
28. Section 55 of the principal Act is amended by deleting
"pursuant to the Totalisator Duty Act 1905" and substituting the
following —
| " | under any written law |
Section 57 amended
29. (1) Section 57 (2) of the principal Act is amended —
(a) by inserting, after "rules" where it first occurs, the
following —
" referred to in subsection (3)
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| (b) | by inserting, after "made" where it first occurs, the following — |
"
under this Act or the Betting Control Act 1954; ";
and
| (c) | by deleting "or rules". |
(2) Section 57 (3) of the principal Act is amended —
(a) by deleting paragraph (a) and the word "and", and substituting the following —
44
(a) any regulations made —
(i) under this Act; or
(ii) under the Betting Control Act 1954 in relation to a totalisator; and
(b) in paragraph (b) —
(i) by deleting "the provisions of";
(ii) by deleting "Part III of the Greyhound Racing Control Act 1972" and substituting the following —
ft
the Western Australian Greyhound
Racing Association Act 1981
and
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(iii) by inserting, after "1985", the following —
"
or the Associations Incorporation
Act 1987
and
(c) by deleting "provisions" and substituting the
following —
" regulations
Second Schedule repealed
30. The Second Schedule to the principal Act is repealed.
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PART 3 — BETTING CONTROL ACT 1954 Division 1 — Preliminary
Principal Act
31. In this Part the Betting Control Act 1954* is referred to as
the principal Act.
[* Reprinted as at 20 August 1992.
For subsequent amendments see 1994 Index to
Legislation of Western Australia, Table 1, p. 18.]
Division 2 — The Board
Section 6 amended
32. Section 6 of the principal Act is amended —
(a) in subsection (1) —
(i) by deleting "the Betting Control Act Amendment Act 1976" and substituting the following —
"
section 28 of the Acts Amendment (Racing and Betting Legislation) Act 1995
and
(ii) by adding, after "date", the following —
, which —
(a) shall be a body corporate with perpetual succession and a common seal; and
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(b) may sue and be sued in its
corporate name
(b) in subsection (2) —
(i) by deleting "The" and substituting the following —
"
The governing body of the
(ii) by deleting paragraph (a) and substituting the new paragraph following —
"
| (a) | 2 ex officio members, being — | |||
|
and
(iii) in paragraph (f), by deleting "Inc." and substituting the following —
Inc.,
being persons selected by the Minister as people who have relevant
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legislative or analytical skills or who have knowledge of, and experience or expertise in, community gambling issues, betting or the racing industry.
| (c) | in subsection (4), by deleting "and at any meeting of the Board at which a member is not present, the deputy of the member may exercise all the powers and functions of the member" and substituting the following — |
and may approve a member of the governing body of the TAB nominated by its chairperson to be the deputy of the ex o to member referred to in subsection (2) (a) (ii)
| (d) | by inserting, after subsection (4), the new subsection following — |
(4a) At any meeting of the Board at which a member is not present the deputy of that member may perform the functions of the member, and no act or omission of a person acting as a deputy under this section shall be questioned on the ground that the occasion for his or her acting had not arisen or had ceased.
| (e) | in subsection (5) — |
(i) by deleting "Prior to the first appointment of members and deputies of the Board and from time to time thereafter whenever" and substituting the following —
Whenever
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(ii) by deleting "each of the bodies which is" and substituting the following —
" the relevant body
(iii) by deleting "for appointment to nominate a person or persons for appointment" and substituting the following —
it
by submitting, in writing, the names of its nominees and such information as to the persons named as the Minister may require
and
(iv) by deleting "nominate in writing the person it wishes to be appointed a member or deputy, as the case requires" and substituting the following —
t<
so submit the names of 3 nominees, or such greater number of persons as the Minister may request, and such information as may be required
(f) in subsection (6) —
(i) by deleting "nominate a person" and substituting
the following —
Li
submit the names of its nominees
and
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(ii) by deleting "he" and substituting the
following —
| the Minister | )); |
| (g) | in subsection (7), by deleting "the Governor" and substituting the following — |
it
the Minister, after consultation with the
Minister for Public Sector Management
".
and
| (h) | by adding the new subsection following — |
'4
(8) Schedule 1 has effect with respect to the constitution and proceedings of the governing body of the Board and of its committees.
Section 6A amended
33. Section 6A (1) of the principal Act is amended —
| (a) | by deleting "he", wherever it occurs, and substituting the following — | |
|
the member
| (b) | by inserting, after "his" wherever it occurs, the following — |
it
or her
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| (c) | in paragraph (b), by inserting, after "Minister", the following — |
, or dies
| (d) | after paragraph (c), by deleting "of'; |
| (e) | by deleting paragraph (d) and substituting the new paragraphs following — |
it
(d) the member is an insolvent under administration, as that expression is defined in the Corporations Law; or
(e) the member is —
| (i) | convicted of any indictable offence; or |
(ii) informed in writing by the Minister that, for good cause, his or her appointment as a member is terminated as at a date therein specified,
and
(f) by deleting "to hold office for the remainder of the term of office of the person in whose place he is appointed".
Section 613 amended
34. Section 6B (3) of the principal Act is amended by deleting
paragraph (b) and substituting the following
(b) a quorum of the Board consists of an ex officio
member and not less than 3 appointed members;
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Section 6C amended
35. Section 6C of the principal Act is amended by deleting
"Public Service Act 1978" and substituting the following —
| " | Public Sector Management Act 1994 |
New section inserted
36. The principal Act is amended by inserting, after section 6D,
the new section following —
.4 t
The relationship between the Minister and the
Board
6E. (1) Subject to the Minister, it shall be the duty
of the Board to carry out the administration of this
Act.
The Minister may give to the Board directions of a general character as to the exercise of its functions, and the Board shall give effect to such a direction, but where such a direction does not accord with recommendations of the Board the Board may make its advice to the Minister known to the public.
(2)
The text of any direction given under subsection (2) is to be —
(3)
| (a) | published in the Gazette within 28 days after it is given; |
| (b) | laid before each House of Parliament within 14 sitting days of that House after such publication; and |
| (c) | included in the annual report submitted by the accountable authority of the Board |
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under section 66 of the Financial
Administration and Audit Act 1985.
(4)
Where the Minister has referred a question or matter to the Board for advice, the Minister may act notwithstanding that the advice has not been received, and where advice is received from the Board the Minister is not bound to act on or give effect to it.
(5)
The Board shall carry out such duties as may be required of it by the Minister under or in furtherance of the provisions of, and which are not inconsistent with, this Act or any other Act in relation to betting.
New section inserted
37. The principal Act is amended by inserting, after section 6D,
the new section following —
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Minister to have access to information
6F. (1) For the proper conduct of the Minister's public business, the Minister is entitled to have information in the possession of the Board and to have and retain copies of documents.
(2) For the purposes of subsection (1) the Minister
may —
| (a) | request the Board to furnish information to the Minister; |
| (b) | request the Board to give the Minister access to information; |
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(c) for the purposes of paragraph (b) make use of the staff of the Board to obtain the information and furnish it to the Minister.
The Board is to comply with a request under subsection (2) and make its staff and facilities available to the Minister for the purposes of paragraph (c) of that subsection.
(3)
| (4) | In this section — |
"document" includes any data that is recorded or stored mechanically, photographically, or electronically and any tape, disc or other device or medium on which it is recorded or stored;
"information" means documents or other information relating to the functions of the Board being information, as so defined, specified, or of a description specified, by the Minister.
New section inserted
38. The principal Act is amended by inserting, after section 6D,
the new section following —
it
Functions of the Board
6G. (1) Subject to any other written law, it shall
be the duty of the Board —
(a) to administer the law relating to the regulation of betting carried on under this Act or the Totalisator Agency Board Betting Act 1960;
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(b) to review the conduct, extent and character of that betting, including the provision, use and location of the betting facilities, and to cause licences, permits and authorizations relating to that betting to be issued as appropriate;
(c) in conjunction with the Gaming Commission and the racing industry controlling authorities, taking into account the requirements and interest of the community as a whole, to formulate and implement policies for the scrutiny, control and regulation of that betting;
(d) to —
(i) license; or
(ii) grant, refuse or revoke any permit, approval, or authorization in respect of,
persons, premises, facilities, equipment and betting operations concerned with betting or in relation to whom or which a licence, permit, approval or authorization is sought;
(e) to advise the Minister, either of its own motion or upon the request of the Minister, as to any matter relating to that betting;
(1) to make recommendations to the Minister in relation to the control or supervision of particular kinds of betting or betting in particular circumstances, and as to the fees and charges to be prescribed;
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(g) to administer a scheme for the collection and verification of the payments of bookmakers' betting levy —
| (i) | to be remitted under section 15 (5) (b); or |
(ii) deliverable under section 16 (3) (c),
together with any additional levy payable under section 18B, and to cause to be paid into the Consolidated Fund all such moneys as are from time to time received by the Board;
(h) to enforce, and to prosecute persons
contravening —
(i) this Act; and
| (ii) | the Totalisator Agency Board Betting Act 1960, |
and, for the purposes of this Act, to carry out such other activities, or perform such other functions, as may be prescribed.
(2) Subject to this Act, the Board has such powers as are necessary to carry out its duties and, in particular, may —
| (a) | formulate and implement policies for the administration and control of betting conducted in the State under this Act or the Totalisator Agency Board Betting Act 1960; |
| (b) | approve, or withhold approval from, persons, premises, facilities, equipment and betting operations, for the purposes of this Act or the Totalisator Agency Board Betting Act 1960; |
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| (c) | formulate, and impose, prohibitions or conditions to be applicable to, or in relation to, the conduct of betting, the type of betting which may or may not be conducted, and the rules under which betting is to be conducted; |
| (d) | grant or issue, and amend or revoke, licences, permits, approvals or authorizations relating to betting and the use of premises for betting; |
| (e) | seek, receive, disseminate or publish information relevant to betting and the incidence of betting and its effect in the community; and |
| (f) | make prescribed charges and impose prescribed fees. |
(3) For the purpose of administering the requirements of this Act the Board may require such reports to be furnished, and institute and carry out such inspections, investigations and inquiries, as the Board considers to be necessary or expedient.
Section 9 repealed and a new section substituted
39. Section 9 of the principal Act is repealed and the new
section following is substituted —
Funds of the Board
9. (1) The funds available for the purpose of
enabling the Board to perform its functions consist
of —
(a) money from time to time appropriated by
Parliament; and
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(b) any other money lawfully received by, or made available, given or payable to, the Board for the purposes of this Act.
(2) There shall be established and kept
| (a) | at the Treasury, as an account forming part of the Trust Fund constituted under section 9 of the Financial Administration and Audit Act 1985; or |
| (b) | with the approval of the Treasurer, at a bank, |
an account to be called the "Western Australian Betting Control Board Fund", and the cost of the administration of this Act shall be paid from that account.
(3) There shall be credited to the Fund, subject to the payment into the Consolidated Fund in accordance with the scheme referred to in section 6G (1) (g) of any amount received by the Board in respect of bookmakers' betting levy, all moneys to which subsection (1) refers.
(4) The Fund may be used —
| (a) | to meet the costs of the administration of this Act, including any expense incidental to the administration of the Fund; |
| (b) | so far as the Board may be liable for that payment, for the payment of any expense directly connected with the control or management of on-course or off-course betting on racing or betting on sporting events, or any other activity not inconsistent with this Act assumed by the Board; and |
| (c) | for any other expenditure lawfully incurred under and for the purposes of this Act. |
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Section 10 repealed and a new section substituted
40. Section 10 of the principal Act is repealed and the new section following is substituted —
4g
Application of Financial Administration and
Audit Act 1985
10. (1) The provisions of the Financial Administration and Audit Act 1985 regulating the financial administration, audit and reporting of statutory authorities apply to and in respect of the Board and its operations.
(2) Notwithstanding the provisions of the Financial Administration and Audit Act 1985, the financial year of the Board shall end on 31 July.
Schedule 1 inserted
41. The principal Act is amended by inserting, as Schedule 1, the Schedule following —
'C
SCHEDULE 1
[Section 6 (8)]
PROVISIONS APPLICABLE TO THE BOARD
AND COMMITTEES
Tenure of office
1. A member whose term of office expires due to the
effluxion of time —
(a) is eligible to be reappointed; and
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(b) continues in office until he or she is reappointed or a successor comes into office (as the case may be).
Disclosure of interests
2. (1) A member of the Board or of a committee of the Board who has a direct or indirect interest, other than as a member, in a matter before the Board or a committee —
| (a) | shall, as soon as the person is aware of the matter, disclose the nature of the interest to the Board or the committee; and |
| (b) | shall not without the approval of the Board or the committee take part in any deliberation or decision of the Board or committee with respect to the matter. |
Penalty: $5 000.
(2) A disclosure made by a person under this clause shall be recorded in the minutes of the Board of the committee.
General procedure concerning meetings
3. The procedure for convening meetings of the Board or a committee and the conduct of business at those meetings shall, subject to this Act, be as determined by the Board.
Committees
4. (1) The Board may from time to time appoint committees of members, or such members and other persons as it thinks fit, and may discharge or alter any committee so appointed.
(2) Any committee shall cause accurate minutes of its meetings to be recorded and preserved.
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(3) Subject to this Act, the directions of the Board and the terms of any delegation under section 6D, each committee may determine its own procedures.
Resolution may be passed without meeting
5. A resolution in writing signed or assented to by each member by letter, telegram, telex or facsimile transmission is as valid and effectual as if it had been passed at a meeting of the Board.
Division 3 — Regulation of Betting
Long title
42. The long title to the principal Act is amended —
| (a) | by inserting, after "racing", the following — |
"
and on sporting events
| (b) | by deleting "tax" and substituting the following — |
zt
| levy | "; and |
| (c) | by deleting "bets," and substituting the following — |
It
bets; to authorize, regulate and control
the use of totalisators and betting
with, or through, the Totalisator
Agency Board;
| No. 63] | Acts Amendment (Racing and Betting |
Legislation) Act 1995
Section 4 amended
43. (1) Section 4 (1) of the principal Act is amended —
(a) by deleting the definition of "bookmaker" and substituting the new definition following —
"bookmaker" means a person who —
| (a) | carries on the business or vocation of, or acts as, a bookmaker; or |
| (b) | gains or endeavours to gain a livelihood wholly or partly by betting or making wagers, |
(whether on their own account or as employee or agent of another person), and who holds a current bookmaker's licence, but does not include any officer, agent or employee of the TAB when acting for and on behalf of the TAB;
(b) by deleting the definition of "place" and substituting the new definition following —
"place" includes any part of any building, structure, house, office, room, tent, enclosure, premises or land, or of any vessel, vehicle, train or aircraft whether or not stationary;
(c) by deleting the definitions of "Commissioner", "vessel", and "vehicle", respectively;
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Legislation) Act 1995
(d) in the definition of "public place" —
(i) by deleting "means" and substituting the following —
4 C
| includes any part of | "; and |
(ii) by deleting ", and any other place or part of a place used, or available for use, by the public whether of the same kind as or a different kind from, those specified in this interpretation or the interpretation of the expression, place";
| and |
(e) by inserting, in the appropriate alphabetical positions, the new definitions following —
CI
"equipment" includes any totalisator or other device employed in relation to betting operations;
"the Fund" means the Western Australian
Betting Control Board Fund
established under section 9;
"the TAB" means the Totalisator Agency Board constituted under the Totalisator Agency Board Betting Act 1960;
"ticket" means a betting ticket or a totalisator ticket;
"totalisator" and "totalisator ticket"
have for the purposes of this Act the same respective meanings as they have for the purposes of the
| No. 63] | Acts Amendment (Racing and Betting |
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Totalisator Agency Board Betting
Act 1960;
"totalisator agency" means any totalisator agency established by the TAB, and includes any premises on which bets on a race or sporting event may be made on a totalisator through or with the TAB.
(2) Section 4 (2) of the principal Act is amended by deleting "betting ticket", in each place where it occurs, and substituting the following —
ticket
Section 4B amended
44. Section 4B (5) of the principal Act is amended by deleting "and the Commissioner, respectively,".
Section 5 amended
45. (1) Section 5 (1) of the principal Act is amended by
deleting paragraph (a) and substituting the new paragraph
following —
i t
(a) on races, except on Anzac Day during the period
ending at 12 noon;
(2) Section 5 (la) of the principal Act is amended by deleting "after consultation with the Commissioner".
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Legislation) Act 1995
Section 7 amended
46. Section 7 of the principal Act is amended —
| (a) | by inserting, after the section designation "7.", the subsection designation "(1)"; |
| (b) | by deleting "shall" and substituting the following — |
| may | "; and |
| (c) | by adding the new subsections following — |
C'
(2)
Subject to the Minister, the Board may request the chief executive officer of the department of the Public Service of the State known as the Office of Racing, Gaming and Liquor to make available the services of any officer of, or facilities provided by, that department to undertake such matters as the Board considers to be necessary or expedient for the purposes of this Act.
The Board may engage, under contract for services, such consultants as may be necessary to enable the Board to carry out effectively its functions under this Act, and may enter into arrangements with other bodies or persons, whether in the State or elsewhere, with respect to the conduct of any research, study, inquiry or investigation or to any professional, technical or other assistance that may be necessary or expedient for the purposes of this Act.
(3)
On the request of the Board the Commissioner of Police may cause inquiry
(4)
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or investigations to be made, and report, as
to —
| (a) | any testimonial, books or other information supplied by or on behalf of a person who is the holder of, or an applicant for, any licence, permit, approval or authorization under this Act; | |||||
| (b) | the character, reputation, and antecedents of any such person, and of any associate or suspected associate of that person, including as to whether or not, and the extent to which, that person acts or is reputed to be accustomed to act in accordance with the directions or interests of any other person; | |||||
| (c) | the suitability of — | |||||
|
(d) any premises, facilities,
equipment, betting operations,
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Legislation) Act 1995
accounting procedures, advertising or inducements, used or suspected of being used in connection with betting, or intended to be so used;
(e) any matter concerning a racing club, relevant to its operations under this Act;
(0 the conduct or suspected conduct of any betting, or suspected betting; and
(g) allegations, representations or objections made in respect of any such matters,
for which purpose the Commissioner of Police is authorized to disclose criminal records in any report to the Board and, if the Board so requests, to a court.
(5) The contents of any report made to the Board by a member of the Police Force or any other person required under this Act to furnish such a report are absolutely privileged —
| (a) | from production; and |
| (b) | in relation to any proceedings for defamation in any court of law, |
unless a Judge otherwise directs.
| No. 63] | Acts Amendment (Racing and Betting |
Legislation) Act 1995
Section 11 amended
47. Section 11 of the principal Act is amended —
(a) in subsection (8) —
(i) by inserting "and" after paragraph (a);
(ii) in paragraph (b), by deleting "applicant;" and substituting the following —
4(
| applicant. | "; and |
(iii) by deleting paragraph (c), and the word "and" which precedes that paragraph;
| and |
(b) in subsection (13), in paragraph (a), by deleting "paying any" and substituting the following —
discharging any portion of any bookmakers' annual licence fee or bookmakers' betting levy due under this Act, and any other
Section 12 amended
48. Section 12 of the principal Act is amended —
(a) in subsection (3), by inserting in paragraph (a), before "during", the following —
except as regards betting on sporting events as authorized and approved under section 4B,
and
| Acts Amendment (Racing and Betting | [No. 63 |
Legislation) Act 1995
(b) in subsection (5) (c) —
(i) in subparagraph by deleting "betting tax paid and payable, is furnished to the Commissioner in the prescribed manner" and substituting the following —
CC
bookmakers' betting levy paid and payable, is delivered to the Board in a manner approved by the Board
".
and
(ii) in subparagraph (iv), by deleting "tax" and substituting the following —
CC
levy
New section inserted
49. The principal Act is amended by inserting, after section 12,
a new section as follows —
CC
Bookmakers' annual licence fee
13. (1) Subject to this Act, for so long as a bookmaker's licence is in force the holder shall pay a bookmakers' annual licence fee at a prescribed rate assessed on the total turnover of that bookmaker during the preceding year of assessment.
(2) In this section —
"on-course turnover" and "turnover", respectively, have the same meaning as they have for the purposes of section 14;
| No. 63] | Acts Amendment (Racing and Betting |
Legislation) Act 1995
"total turnover" means the aggregate of the
turnover which relates to bets made under
this Act.
(3) Subject to subsection (4), the licence fee payable shall be —
| (a) | assessed in respect of an assessment year commencing on 1 August; and |
| (b) | paid at the prescribed time in the prescribed manner. |
(4) In respect of the assessment year ending on 31 July following the coming into operation of this section, and in respect of any new licence granted after the coming into operation of this section during the course of an assessment year, the licence fee shall be payable on the prescribed basis.
(5) Regulations made under this Act may make provision for the purposes of this section and, in particular, may —
(a) prescribe different rates of fee to be payable
in respect of —
(i) different codes of racing;
(ii) different classes of bet;
(iii) betting by different means of communication; or
(iv) different classes of licence;
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Legislation) Act 1995
| (b) | specify how records shall be compiled and dealt with, the time and method of their delivery, and manner in which information shall be supplied to the Board; |
| (c) | provide for the delivery, by bookmakers to the Board, of an annual return made, and verified, in the prescribed manner; and |
| (d) | require payment, or payment of a specified part, of the amount payable to be made in a prescribed manner. |
Section 14 amended
50. Section 14 of the principal Act is amended —
(a) in subsection (1), in the definition of "on-course
turnover" —
(i) by deleting "on-course";
(ii) by deleting ", and which are referred to in section 15";
(iii) in paragraph (a), by deleting "him" and substituting the following —
7);
the bookmaker
(iv) in paragraph (a) and paragraph (b), by inserting after "his," the following —
tt
or her
(v) in paragraph (b), by deleting "Commissioner" and substituting the following —
"
Board
| No. 631 | Acts Amendment (Racing and Betting |
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(vi) in paragraph (b), by deleting "bookmaker;" and substituting the following —
ti
| bookmaker. | "; and |
(vii) by deleting the definitions of "tax" and "taxing Act" and substituting, in the appropriate alphabetical position, the definition following —
it
"levy" means bookmakers' betting levy payable under this Act, as imposed by the Bookmakers Betting Levy Act 1954;
12;
| (b) | by inserting, in the appropriate alphabetical position, the new definition following — |
C'
"on-course turnover" means the turnover which relates to bets of the kind referred to in section 15;
| (c) | in subsection (2) — | |
|
72;
or her
(ii) in paragraph (b) by deleting "tax" and substituting the following —
it
| levy | "; and |
(iii) in paragraph (b), by deleting "by the taxing Act" and substituting the following —
for that year by the Bookmakers
Betting Levy Act 1954
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Legislation) Act 1995
| (d) | in subsection (3), by inserting, after "his", the following — |
| or her | "; and |
| (e) | by repealing subsection (4). |
Section 15 amended
51. Section 15 of the principal Act is amended —
| (a) | in subsections (2), (4), (5), (6) and (7), wherever it occurs, by deleting "Commissioner" and substituting the following — |
tl
| Board | "; |
| (b) | in subsection (2) — | |
|
| f{ | J.); |
or on behalf of the bookmaker
(ii) in paragraph (a), by inserting, after "meeting", the following —
4t
, when the bet is made
(iii) in paragraph (b), by inserting, after "elsewhere", the following —
if
| when the bet is made | "; and |
(iv) in paragraph (c), by adding, after "made," the following —
ti
when the bet is made,
| No. 63] | Acts Amendment Racing and Betting |
Legislation) Act 1995
(c) in subsection (3) —
(i) by deleting "conducting the race meeting";
(ii) in paragraph (a), by deleting "the meeting" and substituting the following —
CC
a meeting conducted by that club
(iii) in paragraph (b), by inserting, after "meeting" in the first place where it occurs, the following —
CC.
| conducted by that club | "; and |
(iv) in paragraph (c), by deleting "at the conclusion of the race meeting at which the bet was made" and substituting the following —
if the bet was made at a race meeting conducted by that club at the conclusion of that race meeting but otherwise at such time and in such manner as may be required by the Board, in a notice published under section 4B (3) or otherwise;
(d) in subsection (4) —
(i) by deleting "at the time of the race meeting";
(ii) in paragraph (a), by deleting "by him" and substituting the following —
CC
by that person
(iii) in paragraph (a), by deleting "tax" and substituting the following —
| levy | "; and |
| Acts Amendment Racing and Betting | [No. 63 |
Legislation) Act 1995
(iv) in paragraph (b), by deleting "tax." and substituting the following —
if
levy,
but if a bet was made in respect of a sporting event otherwise than during a race meeting the required return shall be delivered and payment of the required levy shall be made at such time and in such manner as may be required by the Board, in a notice published under section 4B (3) or otherwise.
(e) in subsection (5) —
(i) by deleting "tax" and substituting the following —
if
levy
(ii) in paragraph (a), by deleting "50 per centum" and substituting the following —
it
| the prescribed percentage | "; and |
(iii) in paragraph (b), by inserting, after "remit", the following —
ft
, in the manner required by section
18A (2),
| No. 63] | Acts Amendment (Racing and Betting |
Legislation) Act 1995
(f) by adding the new subsection following —
CC
(8) Regulations made under this Act may make provision for the purposes of this section and, in particular, may prescribe different requirements in relation to betting of different kinds.
Section 16 amended
52. Section 16 of the principal Act is amended —
|
Board
| (b) | in subsection (3) — | |
|
CC
| levy | "; and |
(ii) in paragraph (c), by deleting "of betting tax" and substituting the following —
payable as bookmakers' betting levy
and
| Acts Amendment (Racing and Betting | [No. 63 |
Legislation) Act 1995
(c) by adding the new subsection following —
(4) Regulations made under this Act may make provision for the purposes of this section and, in particular, may prescribe different requirements in relation to betting of different kinds.
Section 16A amended
53. Section 16A (1) of the principal Act is amended —
(a) in paragraph (a), by deleting "or the Commissioner"; .
(b) in paragraph (b), by deleting "Commissioner" and substituting the following —
ti
Board
| (c) | in paragraph (c), by deleting "section 17A" and substituting the following — | |
|
the regulations as to the use of tickets
| (d) | in paragraph (f), by deleting ", the Board or the Commissioner" and substituting the following — |
C'
or to the Board
| (e) | in paragraph (h), by deleting "or the Commissioner"; and |
| (f) | in paragraph (j) — |
(i) by deleting ", the Commissioner";
| No. 63] | Acts Amendment (Racing and Betting |
Legislation) Act 1995
(ii) in subparagraph (i), by deleting "or the Commissioner, as may be required"; and
(iii) in subparagraph (ii), by deleting "or the Commissioner,".
Section 17 amended
54. Section 17 of the principal Act is amended —
| (a) | by inserting, after "Where", the following — |
(I
a person authorized to possess and operate
a totalisator, or who is
| (b) | by deleting "Commissioner", wherever it occurs, and substituting the following — |
Board
| (c) | by deleting "the bookmaker", wherever it occurs, and substituting the following — |
11;
that person
| (d) | by deleting "payment of bookmakers' betting tax on the whole or part as the case may be, of that consideration," and substituting the following — |
1I
any liability for the payment of —
(a) an annual licence fee in respect
of —
(i) a bookmaker's licence; or
| Acts Amendment Racing and Betting | [No. 63 |
Legislation) Act 1995
(ii) an authorization to possess and operate a totalisator;
Or
(b) bookmakers' betting levy,
in respect of the consideration not to be
received or retained
and
(e) by deleting "the tax" and substituting the following —
C'
it
Section 17A repealed and a new section substituted
55. Section 17A of the principal Act is repealed and the new
section following is substituted —
Annual licence fee in respect of totalisators
17A. (1) Subject to this Act, for so long as an
authorization to which section 17B refers is lawful and the totalisator is operated the operator shall pay an annual licence fee at a prescribed rate assessed on the total turnover of that totalisator during the preceding year of assessment.
(2) In this section —
"on-course turnover" and "turnover",
respectively, have the same meaning as
they have for the purposes of section 14;
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Legislation) Act 1995
"total turnover" means the aggregate of the turnover which relates to bets made under this Act.
(3) Subject to subsection (4), the licence fee payable shall be —
| (a) | assessed in respect of an assessment year commencing on 1 August; and |
| (b) | paid at the prescribed time in the prescribed manner. |
(4) In respect of the assessment year ending on 31 July following the coming into operation of this section, and in respect of any new authorization granted after the coming into operation of this section during the course of an assessment year, the licence fee shall be payable on the prescribed basis, apportioned to take account of any period when betting did not occur, and a refund or further demand may be made on actual returns for the relevant period being verified.
(5) For the purpose of the assessment of the amount of the annual licence fee the operator of the totalisator shall deliver to the Board an annual return of totalisator turnover made, and verified, in the prescribed manner.
(6) Regulations made under this Act may make provision for the purposes of this section and, in particular, may prescribe different requirements in relation to betting of different kinds.
| Acts Amendment Racing and Betting | [No. 63 |
Legislation) Act 1995
Section 17B amended
56. Section 17B of the principal Act is amended by adding the
new subsections following —
(5) The secretary and members of the committee or executive body of a racing club authorized to possess and operate a totalisator shall in accordance with the regulations record, or cause to be recorded, full particulars of the operation of that totalisator and of its takings and the manner in which they were taken, of amounts distributed as dividends, of amounts remaining undistributed, of dividends unpaid, of the kind of bets made and such other matters as are prescribed.
(6) In respect of the operation of a totalisator to which this section applies, no dividends shall be paid or recoverable —
| (a) | otherwise than on presentation of the ticket for which the dividend is claimed; or |
| (b) | after the expiration of 3 months from the date of declaration of the dividend. |
(7) Section 16A has effect in relation to the operation of a totalisator to which this section applies as if —
| (a) | a reference to a bookmaker were a reference to the operator of the totalisator; and |
| (b) | a reference to a licensed employee were a reference to the secretary and members of the committee or executive body of a racing club, or any other person, concerned in the operation of the totalisator. |
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(8) Regulations made under this Act may make provision for the purposes of this section and, in particular, may prescribe different requirements in relation to betting of different kinds.
New section inserted
57. The principal Act is amended by inserting, after section
17D, the new section following —
ti
Percentage of off course bets to belong to TAB
17E. (1) Where the amount of any bet is, in the
first instance, received by the TAB or one of its
agencies —
| (a) | the TAB shall deduct therefrom, by way of commission, the amount prescribed as the commission for a bet of that kind; and |
| (b) | any amount so deducted by the TAB shall for all purposes belong to the TAB and form part of the general funds of the TAB. |
(2) Where the TAB is of the opinion that it is necessary, in order to participate in a combined totalisator pool scheme of a kind to which section 27 of the Totalisator Agency Board Betting Act 1960 refers, to amend the percentage of the commission that would otherwise be payable under subsection (1) the TAB may determine what that percentage should be and deduction of the amount of commission at the rate so determined, instead of at the rate prescribed, shall be lawful.
| Acts Amendment (Racing and Betting | [No. 63 |
Legislation) Act 1995
New section inserted
58. The principal Act is amended by inserting, after section
17D, the new section following —
C'
Percentage of bets to belong to racing club
17F. Where the amount of any bet is, in the first instance, received by a racing club for inclusion in a totalisator pool, and that racing club has been duly authorized under this Act to operate a totalisator —
| (a) | the racing club shall deduct therefrom, by way of commission, the amount prescribed as the commission for a bet of that kind; and |
| (b) | any amount so deducted shall for all purposes belong to the racing club and form part of its general funds. |
Section 18 amended
59. Section 18 of the principal Act is amended by inserting,
after "tax", the following —
C'
which was payable in respect of any period prior to the coming into operation of section 42 of the Acts Amendment (Racing and Betting Legislation) Act 1995 or for bookmakers' betting levy thereafter
| No. 63] | Acts Amendment (Racing and Betting |
Legislation) Act 1995
Section 18A amended
60. Section 18A of the principal Act is amended —
(a) in subsection (1) —
(i) by deleting "Commissioner", wherever it appears, and substituting the following —
| Cf. | 72; |
Board
(ii) in paragraph (b), by deleting "the bookmaker" and substituting the following —
it
each of those persons
(iii) in paragraph (b), by deleting "by him" and substituting the following —
|
by that person
(iv) in paragraph (c), by deleting "tax" and substituting the following —
| levy | "; and |
(v) in paragraph (c), by deleting "due to it pursuant to section 15." and substituting the following —
'C
which it is authorized to retain in accordance with section 15 (5) (a),
but if a bet was made in respect of a sporting event otherwise than during a race meeting the required return shall be forwarded at such time and in such manner as may be required
| Acts Amendment (Racing and Betting | [No. 63 |
Legislation) Act 1995
by the Board, in a notice published
under section 4B (3) or otherwise.
and
(b) in subsection (2) —
(i) by deleting "Commissioner", in both places where it occurs, and substituting the following —
Board
(ii) in paragraph (a), by deleting "tax" and substituting the following —
lt
| levy | "; and |
(iii) in paragraph (b), by inserting, after "paid", the following —
.tt
, at each of the respective meetings to
which the return relates,
Section 18B amended
61. Section 18B of the principal Act is amended —
| (a) | in subsection (1) — |
(i) by inserting, before "bookmakers' betting tax", where it first occurs, the following —
money in respect of any annual
licence fee, or any
| No. 63] | Acts Amendment (Racing and Betting |
Legislation) Act 1995
(ii) in paragraph (a), by deleting "which are made by or on behalf of a bookmaker";
(iii) in paragraph (a), by inserting, after "payment of", the following —
| such a fee or any | "; and |
(iv) in paragraph (b), by deleting "bookmakers' betting" and substituting the following —
fee or
(b) in subsection (2) —
(i) in paragraph (a), by inserting, before "bookmakers' betting tax", the following —
money due in respect of any annual
licence fee or as
(ii) in paragraph (b), by inserting, after "to pay", the following —
any annual licence fee or any
(iii) in paragraph (b), by deleting "in respect of that tax"; and
(iv) by inserting, before "upon which", the following —
|
of fee due or
| Acts Amendment (Racing and Betting | [No. 63 |
Legislation) Act 1995
(c) in subsection (3) —
(i) in paragraph (a), by deleting "and of", where it first occurs, and substituting the following —
'C
of any money due in respect of an
annual licence fee, or
(ii) in paragraph (a), by inserting, after "bookmaker", the following —
|
or racing club
(iii) in paragraph (b), by inserting, after "bookmaker", in both places were it occurs, the following —
C'
| or racing club | "; and |
(iv) in paragraph (b), by inserting, after "amount", the following —
CC
| in respect of the annual licence fee, or | "; |
(d) in subsection (5) —
(i) by inserting, after "bookmaker who", the following —
|
or racing club which
(ii) by inserting, after "to pay", where it first occurs, the following —
in respect of an annual licence fee or
any
| No. 631 | Acts Amendment (Racing and Betting |
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(iii) by inserting, after "by way of", the following —
|
penalty fee or
(iv) by inserting, after "amount of the", the following —
|
(v) by inserting, after "remit", the following —
| ||
| and |
(e) throughout, wherever it occurs —
(i) by deleting "Commissioner" and substituting the following —
|
(ii) by deleting "tax" and substituting the following —
|
levy
Section 19 amended
62. Section 19 of the principal Act is amended —
(a) throughout, wherever it occurs —
(i) by deleting "tax" and substituting the
following —
tf
| levy | "; and |
| Acts Amendment Racing and Betting | [No. 63 |
Legislation) Act 1995
(ii) by deleting "Commissioner" and substituting the
following —
et
Board
and
(b) in subsection (2), by deleting paragraph (a).
New section inserted
63. The principal Act is amended by inserting, after section 19,
the following new section
„
Board may recover unpaid money in respect of an annual licence fee
19A. Where —
| (a) | a bookmaker; or |
| (b) | a racing club authorized to possess and use a totalisator, |
does not make payment in respect of any money due as an annual licence fee payable under this Act the Board may, without prejudicing the liability of that bookmaker or race club to pay a penalty fee under this Act, sue for the amount unpaid in a court of competent jurisdiction.
,,
Section 20 amended
64. Section 20 of the principal Act is amended —
(a) in subsection (1) —
(i) by deleting "Commissioner" and substituting the
following —
<C
| Board | "; and |
| No. 63] | Acts Amendment (Racing and Betting |
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(ii) by inserting, after "his" in both places where it occurs, the following —
| te | 37; |
or her
(b) in subsection (2) (a), by inserting, after "his", the
following —
75;
or her
| (c) | in subsection (3) (b) and (c), by inserting, after "his", the following — |
if
or her
| (d) | in subsection (3) (b), by deleting "to him"; and |
| (e) | in subsection (4), by deleting "the Commissioner," and "or the Commissioner". |
Section 21 amended
65. Section 21 of the principal. Act is amended —
| (a) | by inserting, after the section designation "21.", the subsection designation "(1)"; and |
| (b) | by adding the new subsections following — |
t(
(2) A person shall not knowingly —
| (a) | loiter in front of any place where a totalisator is being operated for the lodging or receiving of bets; |
| (b) | take a person under the age of 18 years into any place where a |
| Acts Amendment (Racing and Betting | [No. 63 |
Legislation) Act 1995
totalisator is being operated, unless for a purpose referred to in subsection (3) (c) (ii);
| (c) | take intoxicating liquor or any noxious substance into a place where a totalisator is being operated or any other area specifically in use for the lodging and receiving of bets by means of a totalisator; or | |||
| (d) | place a bet with or through the TAB for any person who is — | |||
|
(3) A person to whom this subsection applies shall not knowingly —
| (a) | accept a bet from, or pay moneys or deliver a totalisator ticket to, any person apparently under the age of 18 years; |
| (b) | accept a bet from, or pay moneys or deliver a totalisator ticket to, a person apparently under the influence of intoxicating liquor; |
| (c) | permit — |
(i) a person apparently under the influence of intoxicating liquor; or
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(ii) a person under the age of 18 years who is not entering the premises for the purpose of delivery of mail or goods or effecting repairs or otherwise carrying out duties,
to enter in or remain on a totalisator agency or any other area specifically in use for the lodging and receiving of bets by means of a totalisator;
| (d) | employ, in any place where a totalisator is being operated, any person who has not attained the age of 18 years; or |
| (e) | in any place where a totalisator is being operated, use or permit the use of any appliance capable of being used for receiving, or for reproducing or increasing the volume of sound of, broadcast programmes or television, unless the volume of sound emitted by the appliance is so controlled that it does not constitute an annoyance to persons outside the premises where the totalisator is being operated. |
(4) Subsection (3) applies —
(a) in relation to any totalisator off- course, to any manager, secretary, officer, employee or agent of the TAB or employee of an agent of the TAB; and
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(b) in relation to any totalisator on- course, to the operator authorized under section 17B or any other person concerned in the operation of that totalisator.
>7
Section 22 amended
66. Section 22 of the principal Act is amended —
| (a) | by inserting, after the section designation "22.", the subsection designation "(1)"; | |
| (b) | in paragraph (c), by inserting, after "him", the following — | |
|
or for her
| (c) | by deleting the penalty and substituting the penalty following — |
CC
| Penalty: $200. | ' ; and |
| (d) | by adding the new subsection following — |
C'
(2) No person under the age of 18 years shall —
| (a) | enter or remain in any totalisator agency while it is open for the lodging or receiving of bets, except for a purpose referred to in section 21 (3) (c) (ii), but that exception does not authorize employment contrary to the provisions of section 21 (3) (d); |
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| (b) | make a bet with or through the TAB; or |
| (c) | request any other person to place such a bet for him or for her. |
Penalty: $200.
Section 23 amended
67. Section 23 (1) of the principal Act is amended —
| (a) | by deleting "or at or in a public place" and substituting the following — |
it
or be at or in a public place for the purpose
of betting
| (b) | by deleting paragraph (b) and substituting the new paragraph following — |
{C
(b) unless the bet is made —
(i) by means of a totalisator duly authorized to operate under, and in accordance with, a written law; or
| (ii) | otherwise, with a bookmaker in accordance with this Act; |
and
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(c) by deleting "Penalty: $500." and substituting the
following —
Penalty: $10 000, or 24 months
imprisonment, or both.
New section inserted
68. The principal Act is amended by inserting, after section 23,
the new section following —
Unlawful betting
24. (1) Subject to this Act, a person who —
|
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(e) bets with a totalisator, otherwise than in accordance with the written law by which the operation of that totalisator is authorized,
at any time or at any place, commits an offence.
Penalty: $10 000, or 24 months imprisonment, or
both.
In this section, the term "bets" includes negotiating bets, receiving or paying money in connection with bets, and settling bets, on or in connection with the result of any race or sporting event.
(2)
(3)
A complaint for an offence against this section committed after the commencement of this subsection, may be made at any time within 5 years from the date the offence was committed.
Section 25 amended
69. Section 25 (3) of the principal Act is amended —
(a) by deleting "No bookmaker" and substituting the
following —
it
An order made under subsection (1) shall be given effect to by the TAB, any person authorized to operate a totalisator, and any person who is, or acts on behalf of, any bookmaker, and neither the TAB nor any such person shall,
and
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| (b) | by deleting "such prohibition shall," and substituting |
the following —
4C
the making of an order under
subsection (1),
New section inserted
70. The principal Act is amended by inserting, after section 25,
the new section following —
14
Loitering in street or public place
26. If any member of the Police Force has
reasonable grounds for suspecting that a person is standing or loitering in any street or public place for the purpose of, or with the intention of, betting contrary to this Act, the person shall, whether or not such standing or loitering causes, or tends to cause, an obstruction to traffic in that street or public place, not refuse or neglect to move on when requested by that member of the Police Force so to do.
Penalty: $200.
New section inserted
71. The principal Act is amended by inserting, after section 25,
the new section following —
tt
Removal of persons
26A. (1) If any member of the Police Force has
reasonable grounds for suspecting that, in any place, a person is guilty of, or has on that day been guilty of,
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betting contrary to the provisions of section 24, that member of the Police Force may, without warrant, arrest that person and remove that person from that place.
If a person suspected of having committed an offence against this Act is arrested under this section, a report of that fact, and of the circumstances, shall forthwith be made to the Attorney General.
(2)
No person who has been removed from a place under this section shall, during the day on which the person was so removed, re-enter or be again upon that place, or any place contiguous thereto.
(3)
Penalty: $100.
No member of the Police Force who acts bona fide in the intended exercise of the powers conferred by subsection (1) is liable to any proceedings, civil or criminal, in consequence of having so acted.
(4)
New section inserted
72. The principal Act is amended by inserting, after section 25,
the new section following —
tI
Penalty for persons warning offenders of the approach of a member of the Police Force
26B. A person who is in or near to any place,
whether a public place or not, for the purpose of giving warning to any other person of the presence or approach of any member of the Police Force, or for the purpose of preventing the detection of any offence against this Act, commits an offence.
Penalty: $5 000.
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New section inserted
73. The principal Act is amended by inserting, after section 25,
the new section following —
'C
Unlawful betting on licensed premises
26C. (1) If —
| (a) | a person is convicted for an offence under section 23 or 24; and |
| (b) | the offence took place on premises in respect of which a licence has been granted under the Liquor Licensing Act 1988, |
the licensee, any manager of the business conducted under the licence, and any employee or agent of such a person who permitted the offence under section 23 or 24 to occur on those premises, commits an offence.
| Penalty: | In the case of the licensee or manager, $5 000; |
| In the case of an employee or agent, $2 000. | |
| (2) |
In any proceedings against a person under subsection (1), any statement made by the person convicted for the offence under section 23 or 24, as to the place where the offence was committed shall be prima facie evidence of the place where the offence was committed.
It is a defence to any charge of an offence under subsection (1) to show —
(3)
(a) that the accused person or, if the accused
person was not on the premises at the time
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the offence against section 23 or 24 was committed, the person then in charge of the premises, did not know and could not by the exercise of all practical diligence have known, that the offence was being committed; or
(b) that the offence was committed contrary to the will of the accused person or, if the accused person was not on the premises at the time the offence was committed, contrary to the will of the person who was then in charge of the premises, and that the accused person or the person so in charge, as the case may be, took all reasonable steps to prevent the offence from being committed.
(4) If any member of the Police Force has reasonable grounds for suspecting that, on any premises in respect of which a licence has been granted under the Liquor Licensing Act 1988, a person found on the premises —
| (a) | has, at any time on that day on which the person was so found on those premises, been guilty of betting or offering to bet, contrary to the provisions of this Act; or |
| (b) | is on those premises for the purpose of so betting, |
that member of the Police Force may, without warrant, arrest that person and remove the person from the premises, or cause the person to be so arrested or removed.
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If a person who has been so removed from any such premises re-enters or is again upon those premises during the day on which that person was so removed, the person commits an offence.
(5)
Penalty: $100.
| (6) | No member of the Police Force who has acted |
bona fide in the intended exercise of the powers conferred by subsection (4), and no person acting under the instructions of, or for the purpose of assisting such a member, is liable to any proceedings, civil or criminal, in consequence of having so acted.
Section 27 amended
74. Section 27 of the principal Act is amended —
(a) by deleting paragraph (c) and substituting the new
paragraph following —
ft
(c) unless the betting is carried on —
(i) by means of a totalisator duly authorized to operate under, and in accordance with, a written law; or
| (ii) | otherwise, in accordance with this Act; |
57;
(b) in paragraph (d), by deleting "with or through the
Board"; and
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(c) by deleting "$2 500, or imprisonment for 6 months, or both." and substituting the following —
C'
$10 000, or imprisonment for 24 months, or
both.
Section 28A amended
75. (1) Section 28A (1) of the principal Act is amended —
(a) by deleting "him" and substituting the following —
'C
| that justice | "; and |
(b) by deleting "he" and substituting the following —
'C
the justice
| (2) | Section 28A (2) of the principal Act is amended, in |
paragraph (f), by inserting, after "until", the following —
its owner or owners appear before a stipendiary magistrate or 2 justices to claim the betting material or money, and satisfy the magistrate or justices how and for what use or purposes it was intended, or
| (3) | Section 28A (3) of the principal Act is amended by |
inserting, after "section 23", the following —
'C
, 24
| (4) | Section 28A of the principal Act is amended by adding |
the new subsection following —
CC
(5) A stipendiary magistrate, or 2 justices, may,
subject to section 28, confiscate all or any of the
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betting material, as deemed fit, if the owner or
owners —
| (a) | do not appear before a magistrate or justices within 21 days after the seizure of that betting material or money; or |
| (b) | on so appearing, do not show to the satisfaction of the magistrate or justices after due examination that the betting material or money was not in the place or public place or upon the persons found therein or thereupon for the purpose of being used in relation to, or in connection with, unlawful betting. |
Section 28B amended
76. Section 28B of the principal Act is amended —
(a) by inserting, before the section designation "28B.", the
following —
'C
Prima facie evidence of offence
2813. Where, on the hearing of any
complaint for an offence against section 23,
24 or 27 —
(a) the evidence of the prosecution is such as to raise in the mind of the court hearing the complaint a reasonable suspicion that the person charged in the complaint is guilty of the offence charged, that evidence shall be deemed to
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be prima facie evidence that the
person is guilty of that offence;
| (b) | by deleting "28B. If, on the hearing of any complaint for an offence against section 23 or 27," and substituting the paragraph designation "(b)"; |
| (c) | by deleting "its satisfaction" and substituting the following — |
the satisfaction of that court
| (d) | by deleting "the purposes and provisions of the first-mentioned sections or either of them" and substituting the following — |
CC
| this Act | "; and |
| (e) | by deleting "against him in the complaint." and substituting the following — |
4C
in the complaint; or
(c) the court is of opinion that any money or thing which has to the satisfaction of that court been proved to have
been —
(i) given to, or received or paid by, the accused person; or
(ii) given to, or received or paid by, any person or persons on behalf of the accused person,
has been given, received or paid in circumstances which, in the mind of the court, raise a reasonable suspicion
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that the money or thing was so given, received, or paid in contravention of this Act, such giving, receiving, or paying shall be deemed prima facie evidence of the commission by the accused person of the offence charged against that person in the complaint.
New section inserted
77. The principal Act is amended by inserting, after section
28B, the new section following —
'C
Offences in respect of conducting totalisator
agencies
28C. A person who —
(a) having the management or control of any totalisator agency, authorizes or permits or suffers —
(i) the premises of that agency to be used; or
(ii) any act or thing to be done or omitted in or in relation to that agency,
in contravention of this Act;
(b) having the management or control of or being employed or acting in any capacity in connection with any totalisator agency, accepts from any person any bet which
(i) is prohibited by; or
(ii) does not conform with,
this Act;
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| (c) | not being a person lawfully managing or controlling or being employed in any totalisator agency sells or offers to sell any totalisator ticket purporting to be issued by the TAB; or |
| (d) | purchases any totalisator ticket from any person not authorized to sell it, |
commits an offence.
Penalty: $5 000, or imprisonment for 12 months,
or both.
New section inserted
78. The principal Act is amended by inserting, after section
28B, the new section following —
i t
Penalty for acting as totalisator agent
28D. Subject to the provisions of section 28F, a
person who —
| (a) | for a fee, commission, reward, share or interest of any kind; or |
| (b) | upon any understanding or agreement, whether express or implied, for any fee, commission, reward, share or interest, |
receives from any other person any money for the purpose of placing, investing or depositing that money, or any part of that money, in any totalisator commits an offence.
Penalty: $10 000, or imprisonment for 24 months,
or both.
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New section inserted
79. The principal Act is amended by inserting after section
28B, the new section following —
Penalty for officers of the TAB, and racing clubs
and employees of totalisators, accepting
instructions as to investments on totalisators
28E. Subject to the provisions of section 28F,
any —
| (a) | officer, agent or servant of the TAB or of a racing club using a totalisator; or |
| (b) | person employed in connection with the totalisator, |
who accepts or acts on any telegraphic, telephonic or radiographic request, instructions or directions relating to investments on that totalisator, whether the request, instructions or directions are received on a race course or elsewhere, commits an offence.
Penalty: $1 000.
New section inserted
80. The principal Act is amended by inserting, after section
28B, the new section following —
Non-application of sections 28D and 28E
28F. (1) The provisions of sections 28D and 28E
do not apply
(a) to the TAB, any manager, secretary, officer,
employee or agent of the TAB, or to any
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employee of the agent, in respect of any bet properly made through or with the TAB in accordance with this Act; or
(b) to any person employed in connection with a totalisator in respect of the transmission to a totalisator of any such bets made through the TAB.
(2) Notwithstanding the provisions of any other Act it shall be lawful —
(a) to communicate information from —
(i) a race course; or
(ii) a venue at which a sporting event, on or in relation to which bookmaking is approved under section 4B, is held,
to a totalisator agency for or in connection with the payment or crediting of dividends to persons making bets through the TAB;
Or
(b) to broadcast information as to the amount of dividends payable on any race or sporting event on which bets have been made through or with the TAB, after those dividends have been declared on the totalisator or by the TAB.
New section inserted
81. The principal Act is amended by inserting, after section
28B, the new section following —
44
Penalty for accepting bets after closing time
28G. Any manager, secretary, officer, employee or agent of the TAB, or any employee of the agent, who
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receives or permits to be received any bets in respect of any race or sporting event after the time, as notified by the race club or other body conducting the race or sporting event, for the starting of that race or sporting event, commits an offence.
Penalty: $2 500.
Section 30A amended
82. Section 30A of the principal Act is amended —
| (a) | in paragraph (a), by inserting, after the paragraph designation, the following — |
if the offence occurred prior to the coming into operation of section 42 of the Acts Amendment (Racing and Betting Legislation) Act 1995 and was
and
| (b) | in paragraph (b), by inserting, after the paragraph designation, the following — |
'C
otherwise,
Section 31 amended
83. Section 31 (1) of the principal Act is amended, in paragraph
| (b) | by inserting, after "bet", the following — |
4
other than a bet made by telephone in accordance
with the regulations
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Section 33 amended
84. Section 33 of the principal Act is amended
(a) by inserting, after the section designation "33.", the subsection designation "(1)";
(b) in paragraph (b) —
(i) by inserting, in the appropriate numerical sequence, the new subparagraph following —
'C
(x) the authorization, regulation and control of betting by the use of totalisators and betting with, or through, the TAB or a totalisator agency, any authorization under this Act to possess and operate a totalisator, and the licensing, commission and fees to be applicable;
(ii) in subparagraph (ix), by deleting "bookmakers" and substituting the following —
| persons | "; and |
(iii) in subparagraph (xv), by inserting, after "tax", the following —
'C
or of bookmakers' betting levy
and
(c) by adding the new subsections following —
44
(2) Any rules of a kind referred to in
subsection (3) or regulations made under
this Act or the Totalisator Agency Board
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Betting Act 1960 in relation to a totalisator, so far as they are applicable, apply in relation to bets made through the TAB on that totalisator as if the bets were made directly into the totalisator, and regulations made under this Act may modify any such rule or regulation to such extent as is necessary to make it applicable in relation to bets made through the TAB and transmitted to a totalisator.
(3) In subsection (2), "rules"
include —
| (a) | rules made by the TAB under section 15 of the Totalisator Agency Board Betting Act 1960; |
| (b) | by-laws having effect under The Western Australian Turf Club Act 1892 or under the Western Australian Trotting Association Act 1946; |
| (c) | rules having effect under the Western Australian Greyhound Racing Association Act 1981; and |
| (d) | by-laws, rules or regulations made by a racing club under the Associations Incorporation Act 189 5 , the Associations Incorporation Act 1987, or any other written law. |
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Section 34 amended
85. Section 34 of the principal Act is amended —
| (a) | in paragraph (a), by inserting, after "that Act", the following — |
I{
, the Totalisator Agency Board Betting
Act 1960
and
| (b) | in paragraph (b), at the end, by inserting, after "control of betting", the following — |
64
or in relation to the possession, operation
or use of totalisators
Section 35 repealed
86. Section 35 of the principal Act is repealed.
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PART 4 — BOOKMAKERS BETTING TAX ACT 1954
Principal Act
87. In this Part the Bookmakers Betting Tax Act 1954* is referred to as the principal Act.
[* Reprinted as at 24 March 1971.
For subsequent amendments see 1994 Index to
Legislation of Western Australia, Table 1, p. 20.]
Long title amended
88. The long title to the principal Act is amended by deleting
"Tax" and substituting the following —
CC
Levy
Section 1 amended
89. Section 1 of the principal Act is amended by deleting "Tax Act, 1954-1970" and substituting the following —
Levy Act 1954
Section 2 amended
90. Section 2 of the principal Act is amended by deleting "tax" and substituting the following —
levy
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PART 5 — TOTALISATOR DUTY ACT 1905
Principal Act
91. In this Part the Totalisator Duty Act 1905* is referred to as
the principal Act.
[* Reprinted as at 1 April 1963.
For subsequent amendments see 1994 Index to
Legislation of Western Australia, Table 1, pp. 215-6.]
Repeal of the principal Act
92. The principal Act is repealed.
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PART 6 — CONSEQUENTIAL AMENDMENTS
Amendment of Financial Administration and Audit
Act 1985
93. Schedule 1 to the Financial Administration and Audit Act 1985* is amended by inserting in the appropriate alphabetical position the following —
Betting Control Board.
[* Reprinted as at 1 July 1991.
Schedule 1 reprinted as at 26 August 1994.
For subsequent amendments see 1994 Index to
Legislation of Western Australia, Table 1, pp. 74-5 and
Acts Nos. 2, 11 and 24 of 1995 and Gazettes of 18
August 1995 and 19 September 1995.]
Amendment of Parliamentary Commissioner Act 1971
94. The Schedule to the Parliamentary Commissioner Act 1971*
is amended by inserting in the appropriate alphabetical position
the following —
CC
Betting Control Board constituted under the Betting Control
Act 1954.
[* Reprinted as at 21 October 1992.
For subsequent amendments see 1994 Index to Legislation of Western Australia, Table 1, pp. 155-6 and Act No. 11 of 1995.]
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