Betting Control Amendment Regulations 1992 (WA)

3286 GOVERNMENT GAZETTE, WA [10 July 1992

RACING AND GAMING

RA301

BETTING CONTROL ACT 1954
BETTING CONTROL AMENDMENT REGULATIONS 1992

Made by His Excellency the Lieutenant-Governor and Administrator in Execu-
tive Council.
Citation
1. These regulations may be cited as the Betting Control Amendment Regula-
tions 1992.

(c)	in the definition of "each way bet", by deleting "horse or greyhound"
and substituting the following- " horse, greyhound or other competitor or contingency ";
(d)	in the definition of "rules", by inserting after "means" the following-
" , except in the Appendix, ";

Principal regulations
2. In these regulations the Betting Control Regulations 1978* are referred to as

the principal regulations.

[*Published in the Gazette of 22 June 1978 at pp. 1991-2014. For amendments

to 1 July 1992 see 1991 Index to Legislation of Western Australia, pp. 258-259.]

"License" amended throughout
3. The principal regulations are amended, throughout, by deleting "license" and

"licenses" and substituting, respectively, the following-

" "licence" or "licences" ".

Regulation 4 amended

4. Regulation 3 of the principal regulations is amended—

(a)	by deleting the definitions of "employee", of "metropolitan area" and of "registration, licence or permit" respectively;
(b)	in the definition of "country", by deleting "as defined in these regula-

tions";

10 July 19921 GOVERNMENT GAZETTE, WA 3287

(e)	in subregulation (2)-
(i) the following—

by deleting "defined by section 4 of the Act and" and substituting

which are defined in, or are to be read as included in a reference
by reason of, section 4 of the Act or which are

(ii)by deleting "rule 1 of"; and

by adding after "regulations", in the second place where it occurs,

(iii)the following—

those Rules, and any approval given or notice published under

section 4B of the Act, unless the context otherwise requires

and

(1) by repealing subregulation (3) and subregulation (4) and substituting the following—

Betting set out in the Appendix to these regulations would not (3) Notwithstanding that these regulations and the Rules of

otherwise apply, where an approval given or notice published under section 4B of the Act provides that, in the context of any sporting event or contingency to which that approval or notice applies, bets of a kind other than those defined in this regulation may be made, these regulations and those Rules of Betting then shall be taken to apply to those bets. ".

Regulation 4 amended
5. Regulation 4 of the principal regulations is amended in subregulation (8), by
deleting paragraphs (c) and (d) and substituting the paragraphs following—

(c) all applications for a licence to carry on business as a bookmaker; (d) all applications for a licence to undertake employment as a book-maker's employee; ".

Regulation 9 amended

6. Regulation 9 of the principal regulations is amended—

(a)	in subregulation (1)-
(i) by deleting "in the first instance or for the renewal of a licence";

and

(ii) by deleting "approved by the Commissioner";

(b) by repealing subregulations (2), (3) and (4);

(c)	in subregulation (5)-
(i) by deleting the subregulation designation "(5)" and substituting

the following—

(2) ";

(ii) in paragraphs (a), by deleting "or renewal";
(iii) in paragraph (b), by deleting "or renewal of a license"

(iv)in paragraph (a), by deleting "his" and substituting the following—

their "; and

(v)in paragraph (b), by deleting "him" and substituting the follow-

ing—

that person

and

(d) by repealing subregulation (6).

Regulation 9A amended
7. Regulation 9A of the principal regulations is amended by repealing subregu-
lation (6).
Regulation 10 repealed
8. Regulation 10 of the principal regulations is repealed.
Regulation 11 amended
9. Regulation 11 of the principal regulations is amended by inserting after

"licence", where it first occurs, the following—

as a bookmaker's employee ".

Regulation 12 amended

10. Regulation 12 of the principal regulations is amended, in subregulation (1)-

(a) by deleting "prescribed in regulation 17" and substituting the follow- ing—

if any, prescribed "; and

3288 GOVERNMENT GAZETTE, WA [10 July 1992

(b) by deleting "prescribed in regulation 18" and substituting the follow- ing—

required by the Board in accordance with regulation 18 ".

Regulation 13 repealed
11. Regulation 13 of the principal regulations is repealed.
Regulation 14 amended

12. Regulation 14 of the principal regulations is amended—

(a) by repealing subregulation (1) and substituting the subregulation following—

(1) A licence under the Act shall be issued in a form approved by

the Board.

and

(b)	in subregulation (5)-
(i) by inserting after "regulations", where it first occurs, the follow- ing—

as are specified in a notice published under section 4B of the

Act";

(ii) by deleting "he is"; and

(iii) by adding after "regulations", in the second place where it occurs, the following—

or such a notice

Regulation 15 repealed
13. Regulation 15 of the principal regulations is repealed.
Regulation 16 amended

14. Regulation 16 of the principal regulations is amended—.-

(a) in subregulation (1), by deleting "a fee of two dollars" and substituting the following—

the prescribed fee "; and

(b) by repealing subregulation (3).

Regulation 17 amended

15. Regulation 17 of the principal regulations is amended—

(a)	in subregulation (1)- (i) by deleting the subregulation designation "(1)";
(ii) in paragraph (a), by deleting "license, in the first instance $10.00" and substituting the following—

Bookmaker's licence $300; ";

(iii) by inserting the following paragraph—

(b)	on an application for, or for the renewal of, a bookmaker's
employee licence $20;

(iv) in paragraph (c), by deleting "$20.00" and substituting the follow- ing—

cc

"; and

(v) by adding the following paragraphs—

(d)	on provision of a copy of a transcript of an appeal
hearing, for each page $2
(e)	on applying for the issue of a duplicate licence $10.

and

(b) by repealing subregulation (2).

Regulation 18 amended

16. Regulation 18 of the principal regulations is amended—

(a) by repealing subregulation (1) and subregulation (2);

(b) by repealing subregulation (3) and substituting the following regula- 18. The amount of the security required to be lodged with the Board under section 11 of the Act on an application for a book- maker's licence shall be such as the Board may specify in relation to that application,. but shall not be less than— tion-

(a)

for a licence endorsed for Grandstand Enclosure $30 000;

10 July 19921 . GOVERNMENT GAZETTE, WA 3289

(b) for a licence endorsed	for operation in a leger	$15 000;
(c)	for a licence endorsed for
operation at a country
racecourse	$15 000.

and

(c) by repealing subregulation (4) to subregulation (14), inclusive.

Regulations 19, 20, 21, 21A, 21B, 22 repealed
17. Regulations 19 to 22, inclusive, of the principal regulations are respectively
repealed.
Regulations 23 and 24 repealed
18. Regulations 23 and 24, respectively, of the principal regulations are
repealed.
Regulation 26 repealed
19. Regulation 26 of the principal regulations is repealed.
Regulation 27 amended

20. Regulation 27 of the principal regulations is amended—

(a) by deleting "he changes his" and substituting the following—

changing his or her ";

(b) by deleting "his new" and substituting the following—

the address of the then current "; and

(c) by deleting "$20" and substituting the following-

" $50 ".

Regulation 28 amended

21. Regulation 28 of the principal regulations is amended—

'(a) in subregulation (1), by deleting ", or any renewal certificate relating thereto,"; and

(b) in subregulation (2), by deleting", and any renewal certificate relating thereto,".

Regulation 29 amended

22. Regulation 29 of the principal regulations is amended—

(a) by deleting "his" and substituting the following—

the ";

(b) by deleting", together with the current renewal certificate, if any,"; and

(c) by deleting the penalty provision, and substituting the following—

Penalty: $200. ".

Regulation 30 amended
23. Regulation 30 of the principal -regulations is amended by inserting, after

"his", the following-

orher ".

Regulation 31 repealed

24. Regulation 31 of the principal regulations is repealed.
Regulation 32 repealed
25. Regulation 32 of the principal regulations is repealed.
Regulations 33, 34 and 35 repealed
26. Regulations 33, 34, and 35, respectively, of the principal regulations are
repealed.
Regulation 36 amended

27. Regulation 36 of the principal regulations is amended—

(a)	in subregulation (1)-
(i) by deleting "who uses any betting ticket or causes it to be used shall" and substituting the following—

shall not use or permit to be used in the carrying on of his or

her business any betting ticket that—

(a) is not in a form approved by the Commissioner; and

(b) does not

(ii) by inserting, after "his;", the following-

or her

(iii) by deleting "he" and substituting the following—

that bookmaker ";

3290 GOVERNMENT GAZETTE, WA [10 July 1992

(b)	in subregulation (2)-
(i) following—

by inserting after "his", in both places where it occurs, the

or her "; and

(ii) by deleting "he" and substituting the following—

that bookmaker

and

(c) at the end of subregulation (3), by inserting the following—

Penalty: $500 ".

Regulation 38 amended

28. Regulation 38 of the principal regulations is amended—

(a) by deleting "Copies of the forms" and substituting the following—

Where copies of any form required to be ";

(b) by inserting, after "approved", the following—

or provided ";

(c) by deleting "shall" and substituting the following-

isto ";and

(d) by inserting, before "at", the following—

the book of forms shall be so supplied ".

Regulations 40, 41, and 42 repealed
29. Regulations 40, 41 and 42, respectively, of the principal regulations are
repealed.
Regulation 43 amended

30. Regulation 43 of the principal regulations is amended-.--

(a)	by repealing subregulation (1);
(b)	in subregulation (2), by deleting "his employee" and substituting the

following—

an employee of the bookmaker

and

(c) in subregulation (3)-

(i) by deleting "his or its" and substituting the following—

the "; and

(ii) by inserting, after "control", the following—

of that person or body ".

Regulation 44 repealed
31. Regulation 44 of the principal regulations is repealed.
Regulations 45, 46 and 47 repealed
32. Regulation 45, 46 and 47, respectively, of the principal regulations are

repealed.

Regulation 49 amended

33. Regulation 49 of the principal regulations is amended by adding, after

"only", the following—

except in so far as in the context of a sporting event a notice published

under section 4B of the Act provides otherwise ".

Regulation 50 amended

34. Regulation 50 of the principal regulations is amended—

(a) by inserting, alter "shall,", the following—

except in so far as in the context of a sporting event a notice

published under section 4B of the Act provides otherwise, or

and

(b) by deleting "he" and substituting the following—

the bookmaker ".

Regulation 51 amended

35. Regulation 51 of the principal regulations is amended—

(a) in subregulation (1)-
(i) by deleting "unless he is" and substituting the following—

except in so far as in the context of a sporting event a notice published under section 4B of the Act provides otherwise or unless

and

10 July 19921 GOVERNMENT GAZETTE, WA 3291

(ii) by deleting "he" and substituting the following—

the bookmaker ";

and

(b) in subregulation (3), by inserting after "horse or greyhound", in both places where it occurs, the following— or competitor or contingency in the context of a sporting event, ".

Regulation 52 amended
36. Regulation 52 of the principal regulations is amended by deleting "he", in
both places where it occurs, and substituting the following—

the bookmaker ". Regulation 56 amended 37. Regulation 56 of the principal regulations is amended—

(a) by deleting "Liquor Act, 1970" and substituting the following—

Liquor Licensing Act 1988

and

(b)	in paragraph (b), by deleting the full stop and substituting the	following-
"

unless the bet is authorized under section 5 (la) of the Act. ".

Regulation 57 amended

38. Regulation 57 of the principal regulations is amended—

(a) by deleting "to him";

(b) by inserting, after "ring", the following—

or in an approved area where betting to which section 4B of the

Act applies is carried on,

and

(c) by inserting, after "stand", the following—

or other specified area ".

Regulation 58 amended

39. Regulation 58 of the principal regulations is amended—

(a) by inserting after the regulation designation "58." the subregulation

designation "(1)";

(b) by deleting "his" and substituting the following—

any licensed "; and

(c) by adding the subregulation following—

(2) A bookmaker or licensed employee shall remain at the betting
stand of that bookmaker for at least 15 minutes after the declaration

of correct weight for the last race on the programme at any meeting

on which the bookmaker is operating. ".

Regulation 59 amended
40. Regulation 59 of the principal regulations is amended—

(a) by deleting "he displays on his stand" and substituting the following— there is displayed on the betting stand of that bookmaker

and

(b) by deleting "his name" and substituting the following-

" the name of the bookmaker ".

Regulation 60 amended

41. Regulation 60 of the principal regulations is amended—

(a) by deleting "his name" and substituting the following-

" the name of that bookmaker ";

(b) by inserting, after "greyhounds," the following—

it

in the context of a sporting event the name of every competitor

and a description of each contingency on which betting is ap-

proved, ";

(c) by deleting "he" and substituting the following—

the bookmaker "; and

(d) by deleting "Penalty: $200".

3292 GOVERNMENT GAZETTE, WA [10 July 1992

Regulation 61 amended

42. Regulation 61 of the principal regulations is amended—

(a) in subregulation (1)- (i) by deleting "his"; (ii) by deleting "he shall list" and substituting the following—

is listed "; and

(iii) by inserting, after "meeting" in the second place where it occurs, the following—

or in the context of a sporting event the name of every competitor and a description of each contingency on which betting is approved

(b) in subregulation (2)-
(i) by deleting "him" and substituting the following—

that bookmaker "; and

(ii) by deleting "longer" and substituting the following—

other ";

Win subregulation (3)-

(i) by deleting "employee of a bookmaker" and substituting the following—

licensed employee "; and

(ii) by deleting "he" and substituting the following—

the bookmaker

and

(d) by repealing subregulation (4).

Regulation 62 amended

43. Regulation 62 of the principal regulations is amended—

(a)	by inserting after the regulation designation "62." the subregulation designation "(1)";
(b)	in paragraph (a)- (i) by inserting, after "his", the following—

or her

(ii) by inserting, after "he", the following-

orshe ";

(c) in paragraph (b), by deleting "by him" in both places where it occurs; and

(d) by adding the subregulation following—

(2) No bookmaker shall bet or offer to bet on any horse or

greyhound, or in the context of a sporting event any competitor or contingency, which is not at that time included in the official list. ".

Regulation 63 amended

44. Regulation 63 of the principal regulations is amended—

(a) by repealing subregulation (2);

(b) by repealing subregulation (3) and substituting the subregulation following—

(3) Where a bookmaker or a person on behalf of a bookmaker backs a horse or greyhound, or in the context of a sporting event a competitor or contingency, for the purpose of reducing the book- maker's liability for bets already accepted by the bookmaker against that particular horse, greyhound, competitor or contingency, the bet shall be regarded for the purpose of these regulations as a "bet back". ";

Win subregulation (4), in paragraph (b), by deleting "in his books";
(d) in subregulation (5), by deleting "in his books";

Win subregulation (6), by deleting "he", in both places where it occurs,

and substituting the following—

the bookmaker

and

(0 by repealing subregulation (7).

10 July 19921 GOVERNMENT GAZETTE, WA 3293

Regulation 64 amended

45. Regulation 64 of the principal regulations is amended—

(a) by deleting "he", wherever it occurs, and substituting the following—.

the bookmaker	";and
(b)	in subregulation W-

(i) by inserting, after "greyhound,", the following—

or in the context of a sporting event any competitor or
contingency, ";

(ii)in paragraph (b), and in paragraph (c), by inserting, after "race-

course", the following—

or in the context of any sporting. event,

and

(iii)in paragraph (d), by inserting after "race", where it first occurs, the

following—

not being a race in respect of which betting is conducted in the

context of a sporting event, ".

Regulation 65 amended

46. Regulation 65 of the principal regulations is amended—

(a) by deleting "he", wherever it occurs, and substituting the following—

the bookmaker	";and
(b)	in subregulation (1)-

(i) by inserting, after "greyhound,", the following—

or in the context of a sporting event any competitor or
contingency, ";

(ii)in paragraph (b), and in paragraph (c), by inserting, after "race-

course", the following—

or in the context of any sporting event,

and

(iii)in paragraph (d), by inserting after "race", where it first occurs, the following—

not being a race in respect of which betting is conducted in the

context of a sporting event, ".

Regulation 66 repealed
47. Regulation 66 of the principal regulations is repealed.
Regulation 67 repealed
48. Regulation 67 of the principal regulations is repealed.
Regulation 70 added
49. The principal regulations are amended by adding, after regulation 69, the

regulation following—

Totalisator operation by a racing club

totalisator under an authorisation to which section 17B of the Act for	committee or another authority controlling a racecourse that operates a 70. (l) In this regulation a reference to a club is a reference to a
the time being applies
(2) A club may authorise another club to transmit bets received by that club to a totalisator pool conducted by the first-mentioned club.
(3) A club shall not accept a bet transmitted by another club to a totalisator pool conducted by it unless the club transmitting the bet has been authorised by the first-mentioned club to so transmit bets and the authorisation has not been withdrawn by that club.
(4) A club may withdraw an authorisation given by it under subregu- lation (2) at any time.

(5) A bet received by a club may be transmitted by that club to—

a totalisator pool operated by the TAB under the Thtalisator

(a)	Agency Board Betting Act 1960 if the TAB has authorised
the club to so transmit the bet and that authorisation has not been withdrawn; or
(b)	a totalisator pool operated by another club if that club has

authorised the first-mentioned club to so transmit the bet

and the authorisation has not been withdrawn.

(6) Bets transmitted under section 17B of the Act and registered on
a totalisator shall form part of the total amount invested on the
totalisator in respect of the race, sporting event or contingency for which

3294 GOVERNMENT GAZETTE, WA [10 July 1992

the bets were transmitted, and shall be taken into account in the calculation of the dividends to be declared payable on the result of that race, sporting event or contingency.

received under section 17B of the Act form part of the gross amount of (7) Notwithstanding subregulation (6), bets that are transmitted and

the takings of the totalisator of the club with whom the bet was initially placed and the dividends declared payable on those bets shall be payable by that club.

(8) Where a club transmits bets to a totalisator pool conducted by another club, the profit, or loss, from the operation of that totalisator pool shall be apportioned by the club to which the bet was transmitted and paid, credited or debited to the club transmitting the bet in proportion to the contribution of that club to the total investments in that totalisator pool. ".

Appendix amended

50. The Appendix to the principal regulations is amended—

(a) by inserting, after the heading "RULES OF BETTING", the following

subheading—

Part 1—Betting under the Rules of Racing, the Rules of Trotting or the Rules of Greyhound Racing

and

(b) by inserting, after rule 17, the following subheading and rules—

Part 2—Betting on a sporting event, or a contingency, ap- proved under section 4B

1. Bets shall be determined on the official results as declared by the controlling authority responsible for conducting the sporting event to which the bets relate.

2. Any outcome not covered by these rules shall be determined by the Stewards acting at the race meeting where the bet was laid.

3. Where betting on the outcome of a sporting contingency involves a points margin, such a points margin shall be declared to half a point in every case.

4. Where a sporting event or contingency results in a tie, draw or dead-heat, and odds are offered for that tie, draw or dead-heat, any bet for a win is lost.

5. If no odds are offered for a tie, draw or dead-heat and the event or contingency results in a tie, draw or dead-heat between 2 teams or 2 competitors, then any bet for a win shall be determined in the following manner-

(i) half of the amount wagered shall be regarded as "won" at the agreed odds; and

(ii) half of the amount wagered shall be lost.

6. In bets involving more than one contingency of, or relating to, the same sporting event—

(a)	if the first contingency is not decided in the backer's favour, the bet is lost;
(b)	where the bet covers 2 contingencies and either of those contingencies is decided in the backer's favour and the other results in a tie, the backer shall receive half the amount receivable had the bet been a winning bet;
(c)	where the bet covers 2 contingencies and both are tied, the backer shall receive one fourth of the amount receivable had the bet been a winning bet;
(d)	where the bet covers 2 or more contingencies and one contin- gency is decided in the backer's favour, if the event is subsequently abandoned or if by reason of circumstances not covered by that bet any bet as to any of the other contingencies is not capable of being decided, the backer shall be paid at odds to be determined by the Stewards acting at the race meeting where the bet was laid;
(e)	where the bet covers 3 or more contingencies and one or more results in a tie, bets shall be determined by the Stewards acting at the meeting where the bet was laid;

and

(1) where the bet covers a contingency and by reason of circum- stances not covered by the bet it is not capable of being decided, all bets are to be refunded.

10 July 19921 GOVERNMENT GAZETTE, WA 3295

7. Where a sporting event is abandoned, all bets are to be refunded except those laid in respect of contingencies that have been decided totally or in part.

8. Where a sporting event is postponed to a later date, all bets on the event or contingent on the event shall stand.

9. All bets in relation to sporting contingencies shall be "play or pay", unless the parties mutually agree to the contrary.

By His Excellency's Command,

M. C. WAUCHOPE, Clerk of the Council.