Betting Control Amendment Act 1987 (WA)

WESTERN AUSTRALIA

BETTING CONTROL AMENDMENT

ACT

No. 6 of 1987

AN ACT to amend the Betting Control Act 1954.

[Assented to 29 May 1987]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

1. This Act may be cited as the Betting Control Amendment Act

No. 6]	Betting Control Amendment Act	[1987
Commencement

2. The provisions of this Act shall come into operation on such day

as is, or days as are respectively, fixed by proclamation.

Principal Act

3. In this Act the Betting Control Act 1954* is referred to as the

principal Act.

[*Reprint approved 1 June 1979 and amended by Act Nos. 29 and 34 of

1985.]

Section 4 amended

4. Section 4 of the principal Act is amended

(a)	by inserting after the section designation "4." the subsection designation "(1)"; and
(b)	by inserting the following subsection

(2) A reference in sections 5, 12, 14, 15, 16 (2), 19, 21, 22, 24 and 25 to a bookmaker includes a reference to a person acting as the licensed agent of the bookmaker under this

Act. ".

Section 6 amended

5. Section 6 of the principal Act is amended

(a) in subsection (2)-

(i) by deleting "two ex officio members, namely";

(ii)  by deleting paragraphs (a) and (b) and substituting the following-

" (a) the Permanent Head; ";

(iii) by deleting "three" and substituting the following-

5 ";

1987] Betting Control Amendment Act [No. 6

(iv)   by inserting after "of whom—" the following paragraph-

" (b) one shall be a person who is not a member of any

organization referred to in paragraphs (c) to

(v) by deleting "and" after paragraph (d);

(vi)  by deleting "Greyhound Racing Control Board" in paragraph (e) and substituting the following

" Western Australian Greyhound Racing

Association "; and

(vii)  by deleting the full stop after paragraph (e) and

substituting the following -

"

and

(f) one shall be a person nominated for appointment by the W.A. Bookmakers' Association Inc. ";

(b) by inserting after subsection (2) the following subsection

(2a) The Minister may appoint the Permanent Head or the member appointed under subsection (2) (b) to be chairman of the Board. "; and

(c) in subsection (4)—

(i)  by deleting paragraph (a) and substituting the following paragraphs

(a) appoint an officer of the Department of the Public Service of the State principally assisting the Minister in the administration of this Act to be deputy of the member referred to in subsection 2 (a);

(aa) appoint a person who is not a member of any organization referred to in subsection (2) (c) to (f) to be deputy to the member referred to in subsection (2) (b); ;

(ii) by deleting "and" after paragraph (c);

No. 6] Betting Control Amendment Act [1987

(iii)  by deleting "Greyhound Racing Control Board" and substituting the following

" Western Australian Greyhound Racing

Association "; and

(iv)  by deleting the comma after paragraph (d) and substituting the following-

; and

(e)	appoint a person nominated by the W.A. Bookmakers' Association Inc. to be the deputy of the member referred to in subsection
(2) (f), ".

Section 6A amended

6. Section 6A of the principal Act is amended in subsection (1)-

(a) by inserting before "the body" in paragraph (c) the following-

" in the case of a member appointed under section

(2) (c), (d), (e) or (f), "; and

(b) by deleting "another person nominated for appointment by the appropriate body" and substituting the following-

" an eligible person ".

Section 6C amended

7. Section 6C of the principal Act is amended by deleting "a

Secretary of the Board" and substituting the following-

" an officer or employee appointed under the Public Service Act

1978 and assisting in the administration of this Act, ".

Sections 7 and 8 repealed and section 7 substituted

8. Sections 7 and 8 of the principal Act are repealed and the following

section is substituted

Administration

7. There shall be appointed under and subject to the Public

Service Act 1978 such officers and other employees as are

necessary for the purpose of assisting in the administration of this Art "

1987] Betting Control Amendment Act [No. 6

Section 11 amended

9. Section 11 of the principal Act is amended

(a) in subsection (4), by inserting after "in person" where occurring in paragraphs (a) and (c) the following-

" and, subject to the regulations, by his licensed agent "; and

(b) by inserting the following subsections

(9) The Board shall not grant an agent's licence to a

person who is

(a)	a licensed bookmaker; or
(b)	the licensed agent or employee of any other bookmaker.

(10) A bookmaker shall not appoint more than one

person to act as his agent at one and the same time.

(11) A person who is licensed to act as an agent of a

bookmaker shall not

(a)	act as agent of any other bookmaker; or
(b)	carry on business as a bookmaker on his own account.

(12) A person shall not act as an agent of a bookmaker

unless he is licensed to do so under this Act. ".

Section 16 amended

10. Section 16 of the principal Act is amended in subsection (1) by

deleting "or his employee" and substituting the following-

" his agent or employee ".

Section 17 amended

11. Section 17 of the principal Act is amended by inserting after "or

his" the following-

" agent or ".

No. 6] Betting Control Amendment Act [1987

Section 18 amended

12. Section 18 of the principal Act is amended by deleting "his

employee" and substituting the following-

" his agent or employee ".

Section 20 amended

13. Section 20 of the principal Act is amended

(a) in subsection (1), by inserting after "his" in paragraph (a) the following-

" agent or "; and

(b) in subsection (2)-

(i)  by deleting "Greyhound Racing Control Board" and substituting the following-

" Western Australian Greyhound Racing

Association "; and

(ii)  by inserting after "bookmaker" in paragraph (a) the following-

" or his agent ".

Section 31 amended

14. Section 31 of the principal Act is amended

(a) in subsection (1)-

(i) by inserting after "Where an" the following-

" agent or "; and

(ii) by inserting before "and the employee" the following-

" , the agent "; and

(b) in subsection (2), by inserting before "employee" where occurring in paragraphs (a) and (b) the following-

" agent or ".

1987] Betting Control Amendment Act [No. 6

Section 33 amended

15. Section 33 of the principal Act is amended

(a) by inserting after subparagraph (i) of paragraph (b) the following-

" (ia) licensing of agents of bookmakers; ";

(b) by inserting after "bookmakers" in subparagraph (viii) the following-

" , their agents ";

(c) by inserting after "their" in subparagraph (ix) the following-

" agents and "; and

(d) by inserting after "bookmakers" in subparagraph (x) the following-

" and their agents ".

Section 36 inserted

16. After section 35 of the principal Act the following section is

inserted

Review of this Act

36. (1) The Minister shall as soon as is practicable after 1 January 1991 and every fifth anniversary of that date carry out a review of the operation of this Act and in the course of such review the Minister shall consider and have regard to

(a)	the attainment of the purposes of this Act;
(b)	the administration of this Act;
(c)	the effectiveness of the operation of the Board and the Department principally assisting the Minister in the administration of this Act in relation to this Act;
(d)	the need for the continuation of the Board; and

(e) such other matters as appear to him to be relevant.

No. 6] Betting Control Amendment Act [1987

(2) The Minister shall prepare a report based on the review made under subsection (1) and shall as soon as is practicable after its preparation, cause the report to be laid before each House of Parliament. ".