Betting Control Amendment Regulations (No. 5) 2009 (WA)

No judgment structure available for this case.

8 January 2010 GOVERNMENT GAZETTE, WA 19
HG 302*
Betting Control Act 1954

Betting Control Amendment Regulations

(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;

(No. 5) 2009

Made by the Lieutenant-Governor and deputy of the Governor in
Executive Council.
1. Citation

These regulations are the Betting Control Amendment
Regulations (No. 5) 2009.
2. Commencement
These regulations come into operation as follows —

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GOVERNMENT GAZETTE, WA

8 January 2010

(b) the rest of the regulations - on the day on which the

Racing and Wagering Legislation Amendment Act 2009
Part 2 comes into operation.
3.            Regulations amended
These regulations amend the Betting Control Regulations 1978.
4.            Regulations 98 and 99 replaced
Delete regulations 98 and 99 and insert:
98.         Terms used

In this Part -
another jurisdiction means a jurisdiction outside
Australia;
approval means an approval under section 271)(2) of
the Act;
authorisation includes a licence;
betting includes -

(a) carrying on the business or vocation of, or acting as, a bookmaker; or
(b) conducting betting by the operation of a totalisator; or
(c) operating a betting exchange (however described); or
(d) gaining or endeavouring to gain a livelihood wholly or partly by making bets;
relevant person,
in relation to a decision by the to an approval, means the person applying for, or

holding, the approval, as the case requires.
99.          Prescribed criteria: section 27D(5)

(I) For the purposes of section 271)(5) of the Act the
prescribed criteria are as follows -

(a) whether the Commission is satisfied that -

(i) the relevant person; or
(ii) if the relevant person is a partnership, each member of the partnership who is a natural person,

is, or continues to be, a fit and proper person to
be granted, or continue to hold, an approval;
(b) if the relevant person is -
(i) a body corporate; or
(ii) a partnership, the members of which include a body corporate,

8 January 2010 GOVERNMENT GAZETTE, WA 21
whether the Commission is satisfied that each person who occupies a position of authority in the body corporate would be a fit and proper
person to be granted, or continue to hold, an
approval if the person were to apply for, or
hold, the approval personally;

(c)

whether a member of the staff of the relevant person is under 18 years of age;

(d)

if the relevant person conducts, or intends to conduct, betting that is required under the laws of this State, another State, a Territory or another jurisdiction to be licensed or otherwise authorised, whether the relevant person holds, or continues to hold, the required authorisation to do so;

(e)

whether the relevant person has failed to comply with a condition on an approval imposed under section 271)(3) of the Act or a
condition to which an approval is subject under
section 27D(4A) of the Act.

(2) For the purpose of, and without limiting,

subregulation (1)(a) and (b), the Commission may take
into account -

(a)

the reputation and background of persons suspected by the Commission to be associated with the relevant person; and

(b)

the number and nature of any convictions recorded, or charges pending, against the relevant person or another person referred to in
subregulation (1)(a)(ii) or (b) for offences
against the laws of this State, another State, a
Territory or another jurisdiction, having

relating to wagering.
particular regard to offences against laws
5. Regulation 100 amended

(1) In regulation 100(1)(a) delete "Minister; and" and insert:
Commission; and
(2) In regulation 100(2) delete "Minister" (each occurrence) and
insert:
Commission

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GOVERNMENT GAZETTE, WA

8 January 2010

6. Part 6 inserted
After regulation 100 insert:

Part 6 - Racing bets levy

101. Term used: approved offshore betting operator
In this Part—
approved offshore betting operator means the holder
of an approval under section 271)(2) of the Act.
102. Prescribed period: section 14A(2)(a)

(1) For the purposes of section 14A(2)(a) of the Act, in
respect of racing bets placed with, or placed or
accepted through, a betting operator on or after
1 September 2008 and before the day on which the
paragraph comes into operation (the commencement
day), the period prescribed is 28 days beginning on the
commencement day.
(2) For the purposes of section 14A(2)(a) of the Act, in
respect of racing bets placed with, or placed or
accepted through, a betting operator on or after the
commencement day, the period prescribed is 14 days
beginning on the first day of each month.
103. Information prescribed: section 27D(4A)(a)
For the purposes of section 27D(4A)(a) of the Act, the prescribed information is information in documents, records or accounts relating to racing bets placed with, or placed or accepted through, an approved offshore betting operator on or after 1 September 2008.

104. Manner of access to prescribed information:
section 27D(4A)(a)

(1) For the purposes of section 27D(4A)(a) of the Act, this
regulation sets Out the prescribed manner of access to
information prescribed under regulation 103
(prescribed information).

(2)

An approved offshore betting operator must give the Commission or an officer of RWWA approved under section 27D(4A)(a) of the Act (the approved officer) access to prescribed information by -

(a)

allowing the Commission or an approved officer to view any document, record or accounts of the operator containing the information; and

(b)

giving the Commission or an approved officer a copy of any document, record or accounts

8 January 2010 GOVERNMENT GAZETTE, WA 23
containing the information requested by the
Commission or officer.
(3) An approved offshore betting operator must give the
Commission or an approved officer access to prescribed information by -

(a) allowing the Commission or the approved officer to have real-time access to any computerised betting system of the holder if it is reasonably practicable to do so; and
(b) giving the Commission or the approved officer the capability to download and print out any such information.
105. Prescribed conditions: section 27D(4A)(b)

(1)

For the purposes of section 27D(4A)(b) of the Act, the prescribed conditions that an approved offshore betting operator must comply with are set Out in this
regulation.
(2) An approved offshore betting operator must give
authorised officers of the Commission or the Chief
Steward of RWWA, at such times or locations as
requested by an authorised officer or the Chief
Steward, access to any document or information in the
operator's possession or control relating to the integrity
of or reputation of the Western Australian racing
industry.
(3) An approved offshore betting operator must give
authorised officers of the Commission or the Chief
Steward of RWWA, at such times or locations as
requested by an authorised officer or the Chief
Steward, wagering information and analysis relating to
betting on races referred to in a WA race field.

(4)

An approved offshore betting operator must allow authorised officers of the Commission or the Chief Steward of RWWA, at such times or locations as
requested by an officer or the Chief Steward, to
monitor wagering transactions and activities relating to
betting on races referred to in a WA race field.
(5) An approved offshore betting operator must give
authorised officers of the Commission or the Chief
Steward of RWWA -

(a)

real-time access to any computerised betting system of the holder if it is reasonably practicable to do so; and

(b)

the capability to download and print Out any information on the system relating to betting on races referred to in a WA race field.

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GOVERNMENT GAZETTE, WA

8 January 2010

(6) An approved offshore betting operator must report to

an authorised officer of the Commission and the Chief
Steward of RWWA any matter that the operator
considers may affect the integrity or reputation of the
Western Australian racing industry.

(7) An approved offshore betting operator must, when
requested by an authorised officer of the Commission
and the Chief Steward of RWWA, assist in any inquiry
relating to the integrity of or reputation of the Western
Australian racing industry and -

(a) allow the person conducting the inquiry to view any document relevant to the inquiry; and
(b) give the person conducting the inquiry a copy of any document relevant to the inquiry.

(8) An approved offshore betting operator must in relation

to races referred to in a WA race field maintain
appropriate and adequate internal procedures, systems
and controls to -

(a) maintain and accurately record all betting transactions and account details of clients; and
(b) identify suspect betting transactions; and
(c) protect the records and any computer system of the operator from unauthorised access; and
(d) enable compliance with the conditions set out in this regulation.
106. Information prescribed: section 27F(2)(a)
For the purposes of section 27F(2)(a) of the Act, the prescribed information is information in documents, records or accounts relating to racing bets placed with,
or placed or accepted through, a domestic betting

operator on or after 1 September 2008.
107. Manner of access to prescribed information: section 27F(2)(a)

(1)

For the purposes of section 27F(2)(a) of the Act, this regulation sets out the prescribed manner of access to information prescribed under regulation 106
(prescribed information).
(2) A domestic betting operator must give the Commission
or an officer of RWWA approved under
section 27F(2)(a) of the Act (the approved officer)
access to prescribed information by -

(a) allowing the Commission or an approved

officer to view any document, record or accounts of the operator containing the information; and

8 January 2010 GOVERNMENT GAZETTE, WA 25
(b) giving the Commission or an approved officer a
copy of any document, record or accounts
containing the information requested by the
Commission or officer.

(3) A domestic betting operator must give the Commission or an approved officer access to prescribed information by -

(a) allowing the Commission or the approved officer to have real-time access to any computerised betting system of the holder if it is reasonably practicable to do so; and
(b) giving the Commission or the approved officer the capability to download and print out any such information.
108. Prescribed conditions: section 27F(2)(b)

(1) For the purposes of section 27F(2)(b) of the Act, the
prescribed conditions that a domestic betting operator
must comply with are set out in this regulation.
(2) A domestic betting operator must give authorised
officers of the Commission or the Chief Steward of
RWWA, at such times or locations as requested by an
authorised officer or the Chief Steward, access to any
document or information in the operator's possession
or control relating to the integrity of or reputation of
the Western Australian racing industry.
(3) A domestic betting operator must give authorised
officers of the Commission or the Chief Steward of
RWWA, at such times or locations as requested by an
authorised officer or the Chief Steward, wagering
information and analysis relating to betting on races
referred to in a WA race field.

(4)

A domestic betting operator must allow authorised officers of the Commission or the Chief Steward of RWWA, at such times or locations as requested by an
officer or the Chief Steward, to monitor wagering
transactions and activities relating to betting on races
referred to in a WA race field.
(5) A domestic betting operator must give authorised
officers of the Commission or the Chief Steward of

(a)

real-time access to any computerised betting system of the holder if it is reasonably practicable to do so; and

(b)

the capability to download and print out any information on the system relating to betting on races referred to in a WA race field.

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GOVERNMENT GAZETTE, WA

8 January 2010

(6) A domestic betting operator must report to an
authorised officer of the Commission and the Chief
Steward of RWWA any matter that the operator
considers may affect the integrity or reputation of the
Western Australian racing industry.

(7) A domestic betting operator must, when requested by

an authorised officer of the Commission and the Chief Steward of RWWA, assist in any inquiry relating to the integrity of or reputation of the Western Australian
racing industry and -

(a) allow the person conducting the inquiry to view any document relevant to the inquiry; and
(b) give the person conducting the inquiry a copy of any document relevant to the inquiry.
(8) A domestic betting operator must in relation to races

referred to in a WA race field maintain appropriate and
adequate internal procedures, systems and controls
to -

(a) maintain and accurately record all betting transactions and account details of clients; and
(b) identify suspect betting transactions; and
(c) protect the records and any computer system of the operator from unauthorised access; and
(d) enable compliance with the conditions set out in this regulation.
109. Prescribed criteria: section 27F(4)

(1) For the purposes of section 27F(4) of the Act, the
prescribed criteria are as follows -

(a)

whether the domestic betting operator has engaged in conduct that would tend to

undermine the integrity or reputation of the
Western Australian racing industry;

(b)

whether the domestic betting operator is fit and proper to hold an authorisation;

(c)

whether the domestic betting operator is authorised in this State or another State or a Territory under a law of that State or Territory to engage in or conduct the business of betting on races.

(2) For the purpose of, and without limiting,
subregulation (1)(b), the Commission may take into regard to offences against laws relating to wagering.
account the number and nature of any convictions
recorded, or charges pending, against the domestic
betting operator for offences against the laws of this

8 January 2010 GOVERNMENT GAZETTE, WA 27
110. Audited return

(1) A betting operator must submit an audited return to the
Commission before 30 August in each year unless the
Commission has advised the operator in writing before
that date that the operator is not required to submit an
audited return that year.
Penalty: a fine of $1 000.
(2) The audited return referred to in subregulation (1)
must, for the 12 months ending on 31 July immediately
preceding 30 August, show —

(a) the amount of all racing bets placed with, or placed or accepted through, the betting operator; and
(b) the amount by way of levy paid on those bets under section 14A(2) of the Act; and
(c) the amount of racing bets in relation to which the levy was paid in relation to —
(i) gross revenue; and

(ii) turnover.

By Command of the Lieutenant-Governor and deputy of the Governor,
PETER CONRAN, Clerk of the Executive Council.

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Citations

Betting Control Amendment Regulations (No. 5) 2009 (WA)

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(a)	carrying on the business or vocation of, or acting as, a bookmaker; or
(b)	conducting betting by the operation of a totalisator; or
(c)	operating a betting exchange (however described); or
(d)	gaining or endeavouring to gain a livelihood wholly or partly by making bets;

(c)	whether a member of the staff of the relevant person is under 18 years of age;
(d)	if the relevant person conducts, or intends to conduct, betting that is required under the laws of this State, another State, a Territory or another jurisdiction to be licensed or otherwise authorised, whether the relevant person holds, or continues to hold, the required authorisation to do so;
(e)	whether the relevant person has failed to comply with a condition on an approval imposed under section 271)(3) of the Act or a
condition to which an approval is subject under section 27D(4A) of the Act.

(a)	the reputation and background of persons suspected by the Commission to be associated with the relevant person; and
(b)	the number and nature of any convictions recorded, or charges pending, against the relevant person or another person referred to in
subregulation (1)(a)(ii) or (b) for offences against the laws of this State, another State, a Territory or another jurisdiction, having
relating to wagering.
particular regard to offences against laws

(1)	In regulation 100(1)(a) delete "Minister; and" and insert:
Commission; and
(2)	In regulation 100(2) delete "Minister" (each occurrence) and insert:
Commission

(1)	For the purposes of section 14A(2)(a) of the Act, in respect of racing bets placed with, or placed or accepted through, a betting operator on or after 1 September 2008 and before the day on which the paragraph comes into operation (the *commencement* day), the period prescribed is 28 days beginning on the commencement day.
(2)	For the purposes of section 14A(2)(a) of the Act, in respect of racing bets placed with, or placed or accepted through, a betting operator on or after the commencement day, the period prescribed is 14 days beginning on the first day of each month.

104.	Manner of access to prescribed information: section 27D(4A)(a)
(1)	For the purposes of section 27D(4A)(a) of the Act, this regulation sets Out the prescribed manner of access to information prescribed under regulation 103 (prescribed information).
(2)	An approved offshore betting operator must give the Commission or an officer of RWWA approved under section 27D(4A)(a) of the Act (the approved officer) access to prescribed information by -

(a)	allowing the Commission or an approved officer to view any document, record or accounts of the operator containing the information; and
(b)	giving the Commission or an approved officer a copy of any document, record or accounts

(a)	allowing the Commission or the approved officer to have real-time access to any computerised betting system of the holder if it is reasonably practicable to do so; and
(b)	giving the Commission or the approved officer the capability to download and print out any such information.

(1)	For the purposes of section 27D(4A)(b) of the Act, the prescribed conditions that an approved offshore betting operator must comply with are set Out in this
regulation.
(2)	An approved offshore betting operator must give authorised officers of the Commission or the Chief Steward of RWWA, at such times or locations as requested by an authorised officer or the Chief Steward, access to any document or information in the operator's possession or control relating to the integrity of or reputation of the Western Australian racing industry.
(3)	An approved offshore betting operator must give
authorised officers of the Commission or the Chief
Steward of RWWA, at such times or locations as
requested by an authorised officer or the Chief
Steward, wagering information and analysis relating to
betting on races referred to in a WA race field.

(4)	An approved offshore betting operator must allow authorised officers of the Commission or the Chief Steward of RWWA, at such times or locations as
requested by an officer or the Chief Steward, to monitor wagering transactions and activities relating to betting on races referred to in a WA race field.
(5)	An approved offshore betting operator must give authorised officers of the Commission or the Chief Steward of RWWA -

(a)	real-time access to any computerised betting system of the holder if it is reasonably practicable to do so; and
(b)	the capability to download and print Out any information on the system relating to betting on races referred to in a WA race field.

(a)	allow the person conducting the inquiry to view any document relevant to the inquiry; and
(b)	give the person conducting the inquiry a copy of any document relevant to the inquiry.

(a)	maintain and accurately record all betting transactions and account details of clients; and
(b)	identify suspect betting transactions; and
(c)	protect the records and any computer system of the operator from unauthorised access; and
(d)	enable compliance with the conditions set out in this regulation.

(1)	For the purposes of section 27F(2)(a) of the Act, this regulation sets out the prescribed manner of access to information prescribed under regulation 106
*(prescribed information).*
(2)	A domestic betting operator must give the Commission or an officer of RWWA approved under section 27F(2)(a) of the Act (the *approved* officer) access to prescribed information by -

(1)	For the purposes of section 27F(2)(b) of the Act, the prescribed conditions that a domestic betting operator must comply with are set out in this regulation.
(2)	A domestic betting operator must give authorised officers of the Commission or the Chief Steward of RWWA, at such times or locations as requested by an authorised officer or the Chief Steward, access to any document or information in the operator's possession or control relating to the integrity of or reputation of the Western Australian racing industry.
(3)	A domestic betting operator must give authorised
officers of the Commission or the Chief Steward of
RWWA, at such times or locations as requested by an
authorised officer or the Chief Steward, wagering
information and analysis relating to betting on races
referred to in a WA race field.

(4)	A domestic betting operator must allow authorised officers of the Commission or the Chief Steward of RWWA, at such times or locations as requested by an
officer or the Chief Steward, to monitor wagering transactions and activities relating to betting on races referred to in a WA race field.
(5)	A domestic betting operator must give authorised officers of the Commission or the Chief Steward of

(b)	whether the domestic betting operator is fit and proper to hold an authorisation;
(c)	whether the domestic betting operator is authorised in this State or another State or a Territory under a law of that State or Territory to engage in or conduct the business of betting on races.

(1)	A betting operator must submit an audited return to the Commission before 30 August in each year unless the Commission has advised the operator in writing before that date that the operator is not required to submit an audited return that year. Penalty: a fine of $1 000.
(2)	The audited return referred to in subregulation (1) must, for the 12 months ending on 31 July immediately preceding 30 August, show —

(a)	the amount of all racing bets placed with, or placed or accepted through, the betting operator; and
(b)	the amount by way of levy paid on those bets under section 14A(2) of the Act; and
(c)	the amount of racing bets in relation to which the levy was paid in relation to —