Betting Control Amendment Regulations 2006 (WA)

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WESTERN 2669
AUSTRALIAN
GOVERNMENT
ISSN 1448-949X
PERTH, FRIDAY, 21 JULY 2006 No. 125 SPECIAL

PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.45 PM

© STATE OF WESTERN AUSTRALIA

BETTING CONTROL ACT 1954

_________

BETTING CONTROL

AMENDMENT

REGULATIONS 2006

21 July 2006 GOVERNMENT GAZETTE, WA 2671
Betting Control Act 1954

Betting Control Amendment Regulations 2006

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Betting Control Amendment
Regulations 2006.

2.             The regulations amended

The amendments in these regulations are to the Betting Control
Regulations 1978*.
[* Reprint 4 as at 6 May 2005.

For amendments to 22 May 2006 see Western Australian
Legislation Information Tables for 2005, Table 4, p. 35, and
Gazette 28 April 2006.]

3.             Part 1 heading inserted

Before regulation 1 the following Part heading is inserted —

Part 1 — Preliminary

”.

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4.             Regulation 3 amended

After regulation 3(3) the following subregulation is inserted —

(4) For the purpose of these regulations, a bet is an
on-course totalisator bet if —

(a)

the person making the bet is physically present at the racecourse; and

(b)

the bet is placed through a totalisator located on that racecourse; and

(c)

payment for the bet is made at the time the bet is placed, either in cash or from an established RWWA wagering account; and

(d)

the bet is placed in person and not by telephone.

”.

5.             Part 2 heading inserted

After regulation 3 the following Part heading is inserted —

Part 2 — Licences, fees and commissions

”.

6.             Regulation 17C amended

Regulation 17C(c) is amended by deleting “regulation 38(1) of the Totalisator Agency Board (Betting) Regulations 1988,” and inserting instead —

“ the rules of wagering, ”.

7.             Part 3 heading inserted

After regulation 17D the following Part heading is inserted —

Part 3 — Provisions relating to bookmakers

”.

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8.             Regulation 70 repealed

Regulation 70 is repealed.

9.             Part 4 inserted

After regulation 77 the following Part is inserted —

Part 4 — General conditions relating to bets
made at or through on-course totalisators and

local on-course totalisators

Division 1 — Preliminary

78.           Interpretation

(1) In this Part —
“Australian Greyhound Racing Rules”, “Australian

Rules of Harness Racing” and “Australian
Rules of Racing” have the meanings given in the

RWWA Act;

“local on-course totalisator” means —

(a) a totalisator operated at a racecourse by the authority conducting the particular race meeting where totalisator betting is conducted independently of RWWA;
(b) where the context requires, a person totalisator in paragraph (a);

(c)

where the context requires, the premises in which the betting for a totalisator in paragraph (a) is conducted;

“on-course totalisator” means —

(a)

a totalisator operated at a racecourse by the racing club, where bets form a part of the

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RWWA totalisator scheme under section 58 of the RWWA Act;

(b)

where the context requires, a representative of the racing club operating the totalisator in paragraph (a);

(c)

where the context requires, the premises in which the betting for a totalisator in paragraph (a) is conducted.

(2) For removal of doubt, a reference in this Part to a bet
includes a reference to a wager.

Division 2 — Betting with on-course and local

on-course totalisators

79.           On-course totalisator bets accepted subject to the rules and these regulations

(1) Subject to these regulations, regulations made under
the RWWA Act and the rules of wagering, a bet made
with or through an on-course totalisator is taken to be
accepted subject to —
(a) in relation to a race that takes place in this State, the rules of racing, and in particular to the provisions of those rules in respect of the entry, acceptance, withdrawal, or disqualification of horses or greyhounds, the running of races, and the powers of the stewards; and
(b) in relation to a race that takes place in another State or a Territory, the Australian Greyhound Racing Rules, the Australian Rules of Harness Racing and the Australian Rules of Racing, and

the rules of thoroughbred racing or the rules of harness racing or the rules of greyhound racing (as the case may be) administered by the

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thoroughbred racing, harness racing or
greyhound authority in the State or Territory
where the race takes place, and in particular to
the provisions of those rules in respect of the
entry, acceptance, withdrawal, or
disqualification of horses or greyhounds, the
running of races, and the powers of the

stewards; and

(c)

in relation to a sporting event, the rules of the sporting authority recognised by RWWA as responsible for the conduct of that sporting event; and

(d)

where the bet is placed by RWWA in a totalisator pool — regulations made under the RWWA Act and the provisions of these regulations governing the operation of that totalisator pool by RWWA; and

(e)

where the bets are to be included in a combined totalisator pool scheme — the regulations or rules governing the operation of that totalisator pool.

(2) Any question as to whether a body is an authority
recognised by RWWA for the purposes of these
regulations is to be determined by RWWA.

80.           Local on-course totalisator bets accepted subject to the rules and these regulations

Subject to these regulations and the rules of wagering,
a bet made with or through a local on-course totalisator
is taken to be accepted subject to —

(a)

the rules of racing, and in particular to the provisions of those rules in respect of the entry, acceptance, withdrawal, or disqualification of

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horses or greyhounds, the running of races, and

the powers of the stewards; and

(b) the regulations or rules governing the operation of the totalisator pool in which the bet is to be included.

81.           All bets to be 50 cents or multiples of 50 cents

(1) The minimum bet that may be made with or through an
on-course totalisator or a local on-course totalisator is
to be a unit of 50 cents and larger bets are to be made
in multiples of 50 cents.
(2) Dividends are to be rounded down if the total dividend
payable would not be divisible by 5 cents.

82.           On-course totalisator dividend as declared

(1) The on-course totalisator dividend for a unit of 50 cents
is to be as declared —

(a)

where the bet is placed in a totalisator pool conducted by RWWA — by RWWA, on the race or races or the sporting event on which the bet was made; or

(b)

where the bet is to be included in another totalisator pool scheme — by the organisation controlling, and in accordance with the regulations or rules governing the operation of, that totalisator pool.

(2) Subject to these regulations and the rules of wagering,
where a totalisator pool is conducted by RWWA,
RWWA is to —
(a) after allowing for refunds, deduct the

included in the totalisator pool; and

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(b)

add any jackpot under these regulations or the rules of wagering, or any supplementary amount set aside for that purpose under section 103 of the RWWA Act; and

(c)

calculate, declare and pay the dividend in respect of each unit to the holder of each winning ticket.

(3)

Except where a race or sporting event results in a dead heat, tie or draw, and a dead heat, tie or draw is not an outcome that can be nominated in the bet, the

minimum dividend in respect of a bet for a unit of
50 cents —
(a) is not to be less than 50 cents; and
(b) despite the dividend calculated being less than 55 cents, may be declared and paid by RWWA or the organiser of another totalisator pool, (as the case may be), at 55 cents.

83.           Local on-course totalisator dividend as declared

(1) The local on-course totalisator dividend for a unit of 50
cents is to be as declared by the racing club or other
organisation controlling, and in accordance with the
regulations or rules governing the operation of, that
totalisator pool.
(2) Subject to these regulations and the rules of wagering,
the local on-course totalisator is to —
(a) after allowing for refunds, deduct the included in the totalisator pool; and

(b)

calculate, declare and pay the dividend in respect of each unit to the holder of each winning ticket.

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(3) Except where a race results in a dead heat, and a dead
heat is not an outcome that can be nominated in the bet,
the minimum dividend in respect of a bet for a unit of
50 cents —
(a) is not to be less than 50 cents; and
(b) despite the dividend calculated being less than 55 cents, may be declared and paid by the local on-course totalisator or the organiser of another totalisator pool, (as the case may be), at

55 cents.

84.           Bets may be refused

(1) An on-course totalisator, unless otherwise directed by RWWA, is authorised to refuse to accept, at any time and without giving any reason, all or any part of the
amount of any bet offered to be made.
(2) A local on-course totalisator is authorised to refuse to accept, at any time and without giving any reason, all or any part of the amount of any bet offered to be
made.
(3) Any bet offered to be made by or on behalf of a person
apparently under the age of 18 years must not be
accepted.
(4) Any bet offered to be made by or on behalf of a person to whom a “warning off ” notice has been given under regulation 72(1) of the Racing and Wagering Western Australia Regulations 2003, while that notice is in
force, must not be accepted.

85.           Only authorised bets to be accepted

Bets with or through an on-course totalisator or a local
on-course totalisator are to be accepted —

(a)

subject to these regulations and the rules of wagering; and

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(b) only in respect of such race meetings or races, or (where applicable) such sporting events, as RWWA authorises in relation to that on-course

totalisator.

86.           Hours for opening

(1) Subject to subregulations (2) and (3), bets made by the
deposit of the amount of the bet in cash are to be
accepted during the hours the on-course totalisator or
the local on-course totalisator is open for the
acceptance of those bets.
(2) RWWA, or an on-course totalisator subject to the
approval of RWWA, may at any time close the
on-course totalisator and decline to accept bets or bets
of a particular kind.
(3) A local on-course totalisator may at any time close that
totalisator and decline to accepts bets or bets of a
particular kind.

87.           Bets may be made by various methods

(1) Subject to these regulations and the rules of wagering,
bets with or through an on-course totalisator will be
accepted from a person at that totalisator —
(a) on cash payment at the totalisator; or

(b)

if instructions relate to, and a bet is made against, a previously established RWWA betting account.

(2) In addition to the circumstances set out in
subregulation (1), a local on-course totalisator may
accept a bet where part or full payment for the bet is —

(a)

in the form of a betting voucher for money’s worth issued by the authority in control of the local on-course totalisator; or

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(b) by means of a winning ticket.
(3) In addition to the circumstances set out in
subregulation (1), an on-course totalisator may accept a
bet where part or full payment for the bet is —

(a)

in the form of a betting voucher for money’s worth issued by RWWA or the authority in control of the on-course totalisator; or

(b) by means of a winning ticket.
(4) RWWA may at any time direct that a particular
on-course totalisator is not to accept bets sought to be
made by a particular method, and the on-course
totalisator is to comply with that direction.

88.           On-course totalisator bets to be properly marked

(1)

An on-course totalisator is not required to accept any bet unless the person making the bet clearly indicates all details and other information required to identify the

type and amount of the bet.
(2) Despite subregulation (1), a person may submit a
betting ticket at an on-course totalisator for a race with
the race meeting designation or race number selection
incomplete, in which case the next race at the
racecourse will be selected.
(3) An on-course totalisator is not to accept instructions for
alternative bets in the event of the horse or greyhound
selected being scratched or participants in a sporting
event not taking part.
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89.           Local on-course totalisator bets to be properly marked

(1) A local on-course totalisator is not required to accept
any bet unless the person making the bet clearly
indicates all details and other information required to
identify the type and amount of the bet.
(2) Despite subregulation (1), a person may submit a
betting ticket at a local on-course totalisator for a race
with the race meeting designation or race number
selection incomplete, in which case the next race at the
racecourse will be selected.
(3) A local on-course totalisator is not to accept
instructions for alternative bets in the event of the horse
or greyhound selected being scratched.

90.           Tickets to be properly marked

(1)

Every ticket issued by an on-course totalisator or local on-course totalisator is to be printed, written, stamped, punched or marked to show the kind of bet and, in the case of a bet on a race or races, other than a favourite numbers bet —

(a)

the designation of the race meeting and the date of the race meeting where the race on which the bet to which the ticket relates is to be run; and

(b)

the number of the race or races in respect of which the ticket is issued; and

(c)

the code number that has been allocated by RWWA to the horse or greyhound or horses or greyhounds on which the bet in respect of which the ticket is issued is made,

together with sufficient details to identify the bet
accepted and the amount of the bet expressed in units
of 50 cents.

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(2) A ticket issued by an on-course totalisator for a bet on
a sporting event is to be printed, written, stamped,
punched or marked to show the kind of bet and the
description and date of the event and the participants in
respect of which the bet is made, together with
sufficient details to identify the bet accepted and the
amount of the bet expressed in units of 50 cents.

91.           Host racing club to exhibit notices at on-course totalisator and local on-course totalisator

(1) The authority controlling the race meeting (“host
club”) is, so far as is practicable, to cause notices to be
exhibited at both an on-course totalisator and a local
on-course totalisator showing the names and numbers
of the horses and greyhounds known to have accepted
as starters for races for the race meetings for which the
totalisator will receive bets, the date and RWWA code
or designation of each such race meeting, the numbers
of races and the numbers allotted to the horses or
greyhounds including any brackets or other
distinguishing mark of any double or other
combination of races or kind of bet, as may be
necessary for the proper identification of bets.
(2) Bets with or through either an on-course totalisator or a
local on-course totalisator are to be accepted, in the
case of betting on a race or races, or in respect of a race
meeting or race meetings, only in respect to runners
accepted as starters and in accordance with any notice
which may be exhibited.
(3) A person cannot place, and neither an on-course
totalisator nor a local on-course totalisator can accept, a
bet on a race before the official publication of
acceptances for that race.
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92.           Correction of errors and omissions and the giving of certain refunds

(1) If a ticket has been issued by an on-course totalisator or
a local on-course totalisator and there is recorded on
the ticket in respect of a race meeting or (where
applicable) a sporting event either an incorrect date or
incorrect designation of the race meeting or sporting
event, or if either of those particulars is omitted, the
relevant totalisator may, if satisfied that the record or
omission is an error and that it is manifest that the
ticket was issued and intended to apply to a particular
bet, treat the ticket in the manner apparently intended
by the investor and the bet is to be taken to have been
made accordingly.
(2) Subject to this regulation, the person to whom a ticket
is issued by an on-course totalisator or a local
on-course totalisator may cancel that ticket —
(a) more than 30 minutes prior to the advertised starting time for the race or sporting event, for any reason; or
(b) within 30 minutes prior to the advertised starting time for the race or sporting event, if the cancellation is —

(i)      requested within 2 minutes of the ticket being issued or the closing sell time, whichever occurs first; and

(ii)      to correct an error or omission.

(3) Despite subregulation (2), on days designated as
“major race days” by the Commission, a person who
has made a bet in person with or through an on-course
totalisator or a local on-course totalisator may cancel
the bet prior to the close of betting on the race to which
the bet relates, and receive a refund of the bet if the
amount of the bet was less than $200.
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(4)

If the bet in respect of which a ticket was issued is one which cannot be recorded on a totalisator, or is one for which notices exhibited by RWWA or the racing club (as required) at the relevant totalisator at the time the ticket is issued are not in accordance with these

regulations, the person to whom the ticket belongs is
entitled to a refund of the amount shown on the ticket.
(5) Unless subregulation (1) applies, where a ticket is
incomplete as to any of the particulars required to be
shown on the ticket, or if —

(a)

in the case of an on-course totalisator, any of those particulars are in the opinion of RWWA ambiguous; or

(b)

in the case of a local on-course totalisator, any of those particulars are ambiguous,

the person to whom the ticket belongs is entitled only

to a refund of the amount shown on the ticket.

(6) When a ticket is presented for the payment of a
dividend or refund or for the purpose of correcting an
alleged error, if the ticket has been altered, mutilated or
defaced, the relevant totalisator may reject the ticket
and the person to whom the ticket belongs is not
entitled to any dividend or refund in relation to that
ticket.

93.           Time for payment of dividends or refunds for cash bets

(1) Dividends or refunds are payable in respect of the
running of any race or (where relevant) the holding of
any sporting event, subject to subregulation (2), during
the notified hours and days of business for a period of
7 months.
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(2) Refunds in respect of tickets may be paid at any time when the relevant totalisator is open for the receiving of bets, except that where dividends in respect of the same ticket may still become payable at a future time refunds due in respect of any race meeting, race or
(where relevant) sporting event to which that ticket
relates are payable only at the same time as, or after,
those dividends would have become payable.

94.           Presentation of tickets or claims

(1)

Subject to subregulations (2) and (6), a dividend or refund in respect of a bet, other than a bet against a betting account, in cash made with or through an

on-course totalisator or a local on-course totalisator is
to be paid upon the presentation and surrender of the
ticket issued for that bet.
(2) The relevant totalisator may, upon the presentation or
surrender of a ticket issued for a bet, refuse to pay a
dividend or refund in respect of that bet if there are
reasonable grounds to suspect that the person
presenting the ticket is not entitled to that dividend or
refund.
(3) The payment of any dividend or refund is to be made in
cash unless the particular totalisator decides to make
the payment by cheque or otherwise by the transfer of
moneys.
(4) Subject to subregulation (6), an on-course totalisator or
a local on-course totalisator may pay to a person any
dividend or refund that is payable in respect of a ticket
issued for a bet without the presentation and surrender
of the ticket, if the person making the claim for the
dividend or refund proves to the satisfaction of the
appropriate totalisator —
(a) that the ticket has been lost or destroyed; and
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(b)

that the person is the person entitled to the dividend or refund.

(5) An on-course totalisator or a local on-course totalisator
may —

(a)

require a person making a claim for a dividend or refund to verify the claim in a manner required by RWWA, and may require verification of the claim by statutory declaration; and

(b)

pay the dividend or refund to which a claim made under paragraph (a) relates at such time as the authority controlling the race meeting determines; and

(c)

deduct from the amount of any dividend or refund paid under subregulation (4) the amount of the out-of-pocket expenses actually incurred by the relevant totalisator, including stamp duty if any, in connection with the establishment and payment of the claim.

(6) An on-course totalisator or a local on-course totalisator
may refuse to pay a dividend or refund in respect of a
bet made if the dividend or refund has already been
paid under this regulation.

95.           When refunds of bets are payable

(1)

Subject to subregulation (2) and the rules of wagering, where a runner (or one of the runners) on which a bet, other than a favourite numbers bet, has been placed

with or through an on-course totalisator or a local
on-course totalisator is scratched before the start of its
race or declared a non-starter, a person who placed a
bet on (or involving) that runner is entitled to a refund
of that bet.
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(2) Where a refund is payable under subregulation (1) due
to a scratching, and the person entitled to the refund
wishes to obtain that refund prior to the running of the
race, that person may, on request, obtain a refund of —

(a) the bet; or

(b) if the bet is on one of 2 or more bets recorded on the same ticket, and none of the bets have been decided — the total value of that ticket,

prior to the running of the race, if the request is made before the close of betting for each and every race to which the ticket relates.

(3) If a race meeting or a race at a race meeting is
postponed from one day to another or is abandoned, an
on-course totalisator or a local on-course totalisator is
to refund all of the amounts of bets made in respect of
races that were to be but were not held on that day at
that race meeting other than —

(a)

double event bets in respect of which the first leg of the double event has already been run; and

(b) favourite number bets; and

(c)

quaddie bets, where a race nominated as part of that quaddie has already been successfully run or remains to be run.

(4)

Subject to these regulations and the rules of wagering, where a sporting event, or any match comprising part of a sporting event, does not occur or is abandoned or does not run its full course or is postponed from one

day to another, all of the amounts of bets made in
respect of that sporting event or match, as the case may
be, are to be refunded by an on-course totalisator.
(5) Refunds of bets accepted may also be made by an
on-course totalisator or a local on-course totalisator in
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other circumstances provided for in these regulations
and in circumstances provided for in the rules of

wagering.

(6) Refunds of moneys may also be made by an on-course
totalisator or a local on-course totalisator in other
circumstances provided for in these regulations and in
circumstances provided for in the rules of wagering.
Division 3 — Miscellaneous discipline and

offence provisions

96.           Person making bet bound by these regulations, the rules of wagering and instructions

(1) A person making a bet with or through an on-course
totalisator or a local on-course totalisator, or attempting
to make such a bet, is taken to accept and be bound by
the relevant provisions of these regulations, regulations
made under the RWWA Act and the rules of wagering.
(2) Each racing club is to ensure that copies of these
regulations, regulations made under the RWWA Act
and the rules of wagering are, so far as is practicable,
made available at its main office for perusal on
demand.

97.           Offences relating to making and accepting wagers

(1) The offences set out in this regulation are committed
by a person if that person is —

(a)

a person representing the authority operating a local on-course totalisator; or

(b)

a representative of the racing club operating an on-course totalisator; or

(c)

a person employed or otherwise engaged to assist in the operation of an on-course totalisator or a local on-course totalisator.

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(2) A person who knowingly accepts a wager contrary to
regulation 84(4) commits an offence.
Penalty: $500.
(3) A person who accepts a cheque as part or full payment
for a wager commits an offence.
Penalty: $500.
(4) A person who accepts a wager contrary to —
(a) a method allowed by regulation 87; or

(b)

in the case of an on-course totalisator, a direction given by RWWA under regulation 87(4),

commits an offence.

Penalty: $500.

(5)

A person who makes a personal wager while on duty in an on-course totalisator or a local on-course totalisator commits an offence.

Penalty: $500.

”.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.

!200600125GG!

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