Racing and Gambling Legislation Amendment and Repeal Act 2003 (WA)

Western Australia

Racing and Gambling Legislation Amendment

and Repeal Act 2003

Western Australia

Racing and Gambling Legislation Amendment

and Repeal Act 2003

CONTENTS

Part 1 — Preliminary

1.	Short title	3
2.	Commencement	3
3.	Definitions	3
Part 2 — Transitional matters related

to enactment of RWWA Act

4.	Definitions	5
5.	First appointments to the board	5
6.	Acting CEO	7
7.	RWWA not to exercise gambling functions until
appointed day	7
8.	Strategic development plan	7
9.	Statement of corporate intent	7
10.	Borrowing limits	8
11.	Rules of racing — continuation and expiry	8
12.	Licences, permits, approvals and registrations	10
13.	Appointment of stewards and other officials	11
14.	Race meetings	11
15.	Appeals	12
16.	TAB Sports Betting Account	13
17.	Sports Betting Promotion Account	13
18.	Further transitional provisions may be made	13

Racing and Gambling Legislation Amendment and Repeal Act 2003

Contents

Part 3 — Amendments consequential

on enactment of RWWA Act

Division 1 — Amendment of regulations

19.	Power to amend regulations	15
Division 2 — Consequential amendments
20.	Constitution Acts Amendment Act 1899 amended	15
21.	Financial Administration and Audit Act 1985
amended	16
22.	Parliamentary Commissioner Act 1971 amended	16
23.	Public Sector Management Act 1994 amended	16
24.	Statutory Corporations (Liability of Directors)
Act 1996 amended	17
Part 4 — *Totalisator Agency Board Betting Act 1960* amended and repealed, transitional and

savings provisions, and

consequential amendments

Division 1 — Amendments

25.	The Act amended	18
26.	Section 3 amended	18
27.	Section 23A replaced	18

23A.

Unclaimed dividends, fixed odds winnings

and refunds

28.	Section 24C repealed	19
29.	Section 27B repealed	19
30.	Sections 28 replaced	20

28.

Allocation of TAB’s funds

31.	Section 28A repealed	21
Division 2 — Repeals
32.	Totalisator Agency Board Betting Act 1960
repealed	21
33.	Totalisator Agency Board Betting Tax Act 1960
repealed	21

Racing and Gambling Legislation Amendment and Repeal Act 2003

Contents

Division 3 — Transitional and savings

provisions

Subdivision 1 — Preliminary

34.	Intention	22
35.	Definitions	22
36.	Application of Interpretation Act 1984	22
Subdivision 2 — Devolution of the TAB’s assets and

liabilities

37.	Transfer of assets and liabilities to RWWA	22
38.	Guarantees in respect of the TAB	23
39.	Exemption from State taxation	24
40.	Registration of documents	24
41.	Saving	25
Subdivision 3 — Staff
42.	Transition of employment	26
Subdivision 4 — General transitional provisions
43.	Annual report for part of a year	26
44.	Completion of things commenced	27
45.	Continuing effect of things done	27
46.	Immunity to continue	27
47.	Agreements and instruments generally	27
48.	Rules and regulations — continuation and expiry	28
49.	TAB to perform necessary transitional functions	29
Division 4 — Consequential amendments
50.	Constitution Acts Amendment Act 1899 amended	29
51.	Financial Administration and Audit Act 1985
amended	29
52.	Statutory Corporations (Liability of Directors)
Act 1996 amended	30
Part 5 — *Racecourse Development*

Act 1976 repealed, transitional

and savings provisions, and

consequential amendments

Division 1 — Repeal

53.

Racecourse Development Act 1976 repealed

Racing and Gambling Legislation Amendment and Repeal Act 2003

Contents

Division 2 — Transitional and savings

provisions

Subdivision 1 — Preliminary

54.	Definitions	31
Subdivision 2 — Devolution of RDT’s assets and

liabilities

55.	Transfer of assets and liabilities to RWWA	31
56.	Racecourse Development Trust Fund	32
57.	Directions by the RDT	34
58.	Loans and grants under RD Act	34
59.	Exemption from State taxation	34
60.	Registration of documents	35
61.	Saving	35
Subdivision 3 — General transitional provisions
62.	Annual report for part of a year	36
63.	Completion of things commenced	36
64.	Continuing effect of things done	36
65.	Immunity to continue	37
66.	Agreements and instruments generally	37
67.	RDT to perform necessary transitional functions	37
Division 3 — Consequential amendments
68.	Consequential amendments to other Acts	38
Part 6 — *Racing Restriction Act 1917* and *Racing Restriction Act 1927* repealed, savings provisions and consequential amendments
Division 1 — Repeals
69.	Racing Restriction Act 1917 repealed	39
70.	Racing Restriction Act 1927 repealed	39
Division 2 — Savings provisions
71.	Ministerial directions	39
72.	Offender may be punished	39
Division 3 — Consequential amendments
73.	Anzac Day Act 1960 amended	39
Part 7 — *Betting Control Act 1954*

amended, transitional and

Racing and Gambling Legislation Amendment and Repeal Act 2003

Contents

savings provisions, and

consequential amendments

Division 1 — Amendments

74.	Act amended	41
75.	Long title amended	41
76.	Section 4 amended	41
77.	Section 5 amended	43
78.	Section 5A inserted	43

5A.

Communication and broadcasting of

information

79.	Sections 6 to 10 repealed	43
80.	Section 11D amended	44
81.	Section 12 amended	44
82.	Section 12A amended	45
83.	Section 15 amended	46
84.	Section 16 amended	46
85.	Section 17B amended	46
86.	Section 17E amended	46
87.	Section 20 replaced by sections 20, 20A, 20B and
20C	47

20. Entry and inspection of race courses and

certain other premises

20A.

Powers of Commission representative

20B.

Requirement to provide information

20C.

Complying with information requirements

88.	Section 23 amended	53
89.	Section 27 replaced	54

27. Penalty on owner or occupier of premises

used for unlawful betting

90.

Section 27A inserted

27A.

Offshore betting

91.	Section 28A amended	57
92.	Section 28B amended	58
93.	Section 29 amended	58
94.	Section 30A repealed	58
95.	Section 31 amended	58
96.	Section 33 amended	58
97.	Section 34 repealed	59
98.	Section 36 repealed	59
99.	Schedule 1 repealed	59
100.	Schedule 2 repealed	59

Racing and Gambling Legislation Amendment and Repeal Act 2003

Contents

101.	Headings to Parts inserted	59
Part 1 — Preliminary Part 2 — Licences, approvals and permits Part 3 — Levies and totalisators Part 4 — Enforcement and offences Part 5 — Miscellaneous
102.	References to “Board” amended	60
103.	References to “the TAB” amended	62
Division 2 — Transitional and savings

provisions

Subdivision 1 — Preliminary

104.	Intention	63
105.	Definitions	63
Subdivision 2 — Devolution of the BCB’s assets and

liabilities

106.	Transfer of assets and liabilities to Commission	63
107.	Western Australian Betting Control Board Fund	64
108.	Exemption from State taxation	65
109.	Saving	66
Subdivision 3 — General transitional provisions
110.	Annual report for part of a year	66
111.	Completion of things commenced	66
112.	Continuing effect of things done	67
113.	Immunity to continue	67
114.	Agreements and instruments generally	67
115.	BCB to perform necessary transitional functions	68
Division 3 — Consequential amendments
116.	Consequential amendments to other Acts	68
Part 8 — *Gaming and Betting (Contracts and Securities) Act 1985* amended
117.	The Act amended	69
118.	Section 3 amended	69
119.	Schedule amended	69

Racing and Gambling Legislation Amendment and Repeal Act 2003

Contents

Part 9 — Gaming Commission

Act 1987 amended, transitional

and savings provisions and

consequential amendments

Division 1 — Amendments

120.	The Act amended	70
121.	Long title amended	70
122.	Section 1 amended	70
123.	Section 3 amended	70
124.	Section 4 amended	72
125.	Section 6 amended	72
126.	Section 7 amended	72
127.	Section 8 amended	74
128.	Section 9 amended	76
129.	Section 12 amended	77
130.	Section 15 amended	78
131.	Section 16 amended	78
132.	Section 18 amended	78
133.	Section 19 amended	80
134.	Section 20 amended	81
135.	Section 21 amended	81
136.	Section 22 amended	81
137.	Section 33 amended	81
138.	Section 34 amended	82
139.	Section 38 amended	82
140.	Section 39 amended	82
141.	Section 40 amended	82
142.	Section 40A inserted	83

40A.

Part does not apply to gambling under

other written laws

143.	Section 41 amended	84
144.	Section 42 amended	84
145.	Section 43A inserted	85

43A.

Advertising unlawful gambling

146.	Section 44 amended	86
147.	Section 45 amended	86
148.	Part V heading and Division heading amended	87
149.	Section 54 amended	87
150.	Section 64 amended	87

Racing and Gambling Legislation Amendment and Repeal Act 2003

Contents

151.	Section 80 amended	88
152.	Section 81 amended	89
153.	Section 82 amended	89
154.	Section 83 amended	89
155.	Section 84 amended	90
156.	Section 85 amended	90
157.	Section 102 amended	90
158.	Section 103 amended	90
159.	Section 107 amended	90
160.	Section 108 amended	90
161.	Part VA inserted	91
Part VA — Supervision of RWWA

109E.	Interpretation	91
109F.	Supervision of RWWA	91
109G.	Directions to RWWA	92
109H.	RWWA must comply with directions	93
109I.	Complaints about RWWA	93
109J.	Report on or inquiry into RWWA	93
109K.	Powers of Minister following report and
recommendations, or inquiry	95

162.	Section 110 amended	97
163.	Section 110A inserted	97

110A.

Sports Wagering Account

164.	Section 115 repealed	98
165.	Section 117 amended	98
166.	References to “gaming or betting” amended	99
167.	References to “or betting” deleted	100
168.	References to “Chairman” amended	101
Division 2 — Transitional and savings

provisions

169.	Gaming and Wagering Commission	101
170.	Members of the Commission	101
Division 3 — Consequential amendments
171.	Casino Control Act 1984 amended	102
172.	Gaming Commission (Continuing Lotteries Levy)
Act 2000 amended	103
173.	Liquor Licensing Act 1988 amended	103
174.	Racing and Wagering Western Australia Act 2003
amended	104
175.	Consequential amendments to other Acts	105

Racing and Gambling Legislation Amendment and Repeal Act 2003

Contents

Part 10 — Police Act 1892 amended

and savings provision

176.	The Act amended	106
177.	Part VI Division 2 repealed	106
178.	Savings provision	106
Part 11 — *Racing Penalties (Appeals)*

Act 1990 amended and transitional provisions

Division 1 — Amendments

179.	The Act amended	107
180.	Section 3 amended	107
181.	Section 7 amended	108
182.	Section 12 amended	108
183.	Section 13 amended	109
184.	Section 14 amended	109
185.	Section 15 amended	110
186.	Section 16 amended	110
187.	Section 17 amended	111
188.	Section 19 amended	112
189.	Section 24 amended	112
190.	Section 25 amended	114
191.	Section 27 repealed	114
192.	Schedule amended	114
Division 2 — Transitional provisions
193.	Appeals	114
194.	Funds of Tribunal	115
Part 12 — *Western Australian* *Greyhound Racing Authority* *Act 1981* amended, transitional provision, and consequential amendments
Division 1 — Amendments
195.	The Act amended	116
196.	Long title amended	116
197.	Section 1 amended	116

Racing and Gambling Legislation Amendment and Repeal Act 2003

Contents

198.	Section 3 repealed	116
199.	Section 4 amended	116
200.	Headings to Parts II and III amended	118
201.	Section 5 amended	118
202.	Section 7 amended	118
203.	Section 7A amended	118
204.	Section 7B repealed	118
205.	Section 8 amended	119
206.	Section 12 amended	119
207.	Section 13 amended	119
208.	Section 15 amended	119
209.	Section 16 amended	120
210.	Section 17 repealed	120
211.	Section 21 replaced	120

21. Preventing performance of powers and

functions

120

212.	Section 22 amended	120
213.	Section 23 repealed	121
214.	Part VI repealed	121
215.	Section 35 amended	121
216.	Section 36 amended	121
217.	Schedule 1 amended	121
218.	References to “Authority” amended	121
Division 2 — Transitional provision
219.	Renamed body is same body	122
Division 3 — Consequential amendments
220.	Dog Act 1976 amended	123
221.	Consequential amendments to other Acts	123
Part 13 — *Western Australian* *Trotting Association Act 1946* amended and transitional and savings provisions
Division 1 — Amendments
222.	The Act amended	125
223.	Long title amended	125
224.	Section 2 amended	125
225.	Section 6 repealed	125
226.	Section 7 replaced	126

Racing and Gambling Legislation Amendment and Repeal Act 2003

Contents

By-laws

126

227.	Section 8 repealed	127
228.	Section 9 amended	128
229.	Section 12 repealed	128
230.	Section 14 amended	128
231.	Sections 15 and 16 repealed	128
232.	First Schedule repealed	128
233.	Second Schedule repealed	128
Division 2 — Transitional and savings

provisions

234.	Interpretation	128
235.	Country Clubs’ Benefit Fund	128
236.	By-laws — continuation and expiry	129
Part 14 — *The Western Australian*

Turf Club Act 1892 amended and transitional provision

Division 1 — Amendments

237.	The Act amended	130
238.	Section 13 replaced	130

13.

By-laws

130

239.	Sections 14 to 20 repealed	132
240.	Section 22 amended	132
241.	Section 23 amended	132
Division 2 — Transitional provision
242.	By-laws — continuation and expiry	132
Part 15 — *Workers’ Compensation*

and Rehabilitation Act 1981

amended

243.	The Act amended	134
244.	Section 11A amended	134

Western Australia

Racing and Gambling Legislation Amendment

and Repeal Act 2003

No. 35 of 2003

An Act —

•	to provide for transitional matters related to the enactment of the *Racing and Wagering Western Australia Act 2003*;
•	to amend, and then repeal, the *Totalisator Agency Board Betting Act 1960*;
•	to repeal the *Totalisator Agency Board Betting Tax Act 1960*;
•	to repeal the *Racecourse Development Act 1976*;
•	to repeal the *Racing Restriction Act 1917*;
•	to repeal the *Racing Restriction Act 1927*;
•	to amend the *Betting Control Act 1954*;
•	to amend the *Gaming Commission Act 1987*;
•	to make other amendments as a consequence of those repeals and amendments and the enactment of the *Racing and Wagering Western Australia Act 2003*;
•	for purposes related to those repeals and amendments;
•	to provide for the devolution of assets and liabilities from the TAB and the Racecourse Development Trust to RWWA; and

Racing and Gambling Legislation Amendment and Repeal Act 2003

s. 1

•	to make other amendments related to racing, gaming or wagering.

[Assented to 26 June 2003]

The Parliament of Western Australia enacts as follows:

Racing and Gambling Legislation Amendment and Repeal Act 2003

Preliminary

Part 1

s. 1

Part 1 — Preliminary

1. Short title

This Act may be cited as the Racing and Gambling Legislation

Amendment and Repeal Act 2003.

2. Commencement

(1)

This Act comes into operation on a day to be fixed by

proclamation.

(2)

Different days may be fixed under subsection (1) for different

provisions.

3. Definitions

In this Act —

“appointed day” means the day fixed by order under section 7;

“assets” means —

(a)	property of every kind whether tangible or intangible, real or personal, corporeal or incorporeal; and
(b)	without limiting paragraph (a) includes choses in action, goodwill, rights, interests and claims of every kind in or to property, whether arising from, accruing under, created or evidenced by or the subject of, an instrument or otherwise and whether liquidated or unliquidated, actual, contingent or prospective;

“commencement day” means the day of which Part 1 of the

RWWA Act comes into operation;

“liability” means any liability, duty or obligation whether

actual, contingent or prospective, liquidated or

unliquidated, or whether owned alone or jointly or jointly

and severally with any other person;

“right” means any right, power, privilege or immunity whether actual, contingent or prospective;

Racing and Gambling Legislation Amendment and Repeal Act 2003

Part 1	Preliminary
s. 3

“RWWA” means Racing and Wagering Western Australia

established under the Racing and Wagering Western

Australia Act 2003;

“RWWA Act” means the Racing and Wagering Western

Australia Act 2003 and, without limiting section 46 of the

Interpretation Act 1984, includes a reference to the rules of

racing made under, or continued for the purposes of, that

Act.

Racing and Gambling Legislation Amendment and Repeal Act 2003

Transitional matters related to enactment of RWWA Act

Part 2

s. 4

Part 2 — Transitional matters related to enactment of

RWWA Act

4. Definitions

(1)	In this Part, unless the contrary intention appears —
“old Greyhound Racing Rules” means Greyhound Racing Rules made under section 7B of the Western Australian Greyhound Racing Authority Act 1981 and in force

immediately before commencement day;

“old Rules of Harness Racing” means the Rules of Harness

Racing 1999 made or adopted under by-laws under the force immediately before commencement day;

“old Rules of Racing” means Rules of Racing of the Western

Australian Turf Club made or adopted by the Western Australian Turf Club and in force immediately before commencement day;

“TAB” means the Totalisator Agency Board established under

the Totalisator Agency Board Betting Act 1960;

“TABB Act” means the Totalisator Agency Board Betting

Act 1960.

(2)	Unless otherwise specified or a contrary intention appears, words and expressions in this Part have the same meaning as in the RWWA Act.

5. First appointments to the board

(1)	Despite sections 11 and 12 of the RWWA Act, for the purpose of the first appointments of directors to the board —

(a)	the following bodies are eligible thoroughbred racing bodies for the purposes of sections 8(1)(b) and 11(2)(c) of the RWWA Act —

(i) The Western Australian Turf Club;

Racing and Gambling Legislation Amendment and Repeal Act 2003

Part 2	Transitional matters related to enactment of RWWA Act
s. 5

(ii) the Western Australian Provincial Thoroughbred Racing Association;

(iii) the Country Racing Association;

(iv) the Western Australian Thoroughbred Racing Industry Council;

(b)	the following bodies are eligible harness racing bodies for the purposes of sections 8(1)(c) and 11(2)(d) of the RWWA Act —

(i) the Western Australian Trotting Association;

(ii) the Fremantle Trotting Club (Inc.);

(iii) the Western Australian Country Trotting Association;

(iv) the Western Australian Standardbred Breeders’ Association Inc.;

(v) the Western Australian Harness Racing Breeders, Owners, Trainers and Reinspersons’ Association (Inc.);

(vi) the Harness Racing Owners’ Association of WA Incorporated;

(c)	the following bodies are eligible greyhound racing bodies for the purposes of sections 8(1)(d) and 11(2)(e) of the RWWA Act —

(i) the Western Australian Greyhound Racing Authority;

(ii) the Avon Valley Greyhound Racing Association;

(iii) the Western Australian Greyhound Breeders, Owners and Trainers Association;

and

(d)	the Minister is to nominate a person for the purposes of section 11(2)(b) of the RWWA Act instead of the board.

(2)	The Minister may give directions for facilitating the constitution of the first board of directors of RWWA and those directions

Racing and Gambling Legislation Amendment and Repeal Act 2003

Transitional matters related to enactment of RWWA Act

Part 2

s. 6

have the same effect as an order made under section 9 of the

RWWA Act.

6. Acting CEO

The Minister may appoint a person to act in the office of CEO

under section 20 of the RWWA Act during the period before the

board first appoints a CEO under that section.

7. RWWA not to exercise gambling functions until appointed day

(1)

RWWA must not exercise any of its functions under Part 5 of

the RWWA Act until the day fixed under subsection (2).

(2)

The Minister may, by order published in the Gazette, fix a day

(the “appointed day”) on which RWWA is authorised to

exercise its functions under Part 5 of the RWWA Act.

(3)

Until the appointed day, the functions (to the extent that they are

like functions of the TAB under the TABB Act immediately

before the appointed day) remain functions of the TAB and may

continue to be exercised by the TAB under the TABB Act.

8. Strategic development plan

(1)

The first strategic development plan for RWWA under Part 6

Division 1 of the RWWA Act is to be for a period starting

1 August 2004.

(2)

The last strategic development plan for the TAB under the TABB Act before the appointed day is to operate after the appointed day as a strategic development plan for RWWA in

relation to its gambling operations until a first strategic

development plan for RWWA in relation to those operations is

agreed under the RWWA Act.

9. Statement of corporate intent

(1)	The first statement of corporate intent for RWWA under Part 6 Division 2 of the RWWA Act is to be for the financial year commencing 1 August 2004.

Racing and Gambling Legislation Amendment and Repeal Act 2003

Part 2	Transitional matters related to enactment of RWWA Act
s. 10

(2)

The last statement of corporate intent for the TAB under the

TABB Act before the appointed day is to operate after the

appointed day as a statement of corporate intent for RWWA in

relation to its gambling operations until a first statement of

corporate intent for RWWA in relation to those operations is

submitted under the RWWA Act.

10. Borrowing limits

The first monetary limits under section 98 of the RWWA Act

are to be determined in relation to the first financial year of

RWWA to start on or after commencement day.

11. Rules of racing — continuation and expiry

(1)	Subject to subsection (5), the old Rules of Harness Racing continue in force with such changes as are necessary on and after commencement day —

(a)	to the extent that the rules deal with matters of racing, as if the rules were made by RWWA as Rules of Harness Racing under section 45 of the RWWA Act; and
(b)	to the extent that the rules deal with totalisators on racecourses —

(i) before the appointed day as if the rules were not affected by this Act or the RWWA Act; and

(ii) on and after the appointed day as if the rules were made and approved as rules of wagering under section 120 of the RWWA Act.

(2)	Subject to subsection (5), the old Rules of Racing continue in force with such changes as are necessary on and after commencement day —

(a)	to the extent that the rules deal with matters of racing, as if the rules were made by RWWA as Rules of Thoroughbred Racing under section 45 of the RWWA Act; and

Racing and Gambling Legislation Amendment and Repeal Act 2003

Transitional matters related to enactment of RWWA Act	Part 2
s. 11

(b)	to the extent that the rules deal with totalisators on racecourses —

(i) before the appointed day as if the rules were not affected by this Act or the RWWA Act; and

(ii) on and after the appointed day as if the rules were made and approved as rules of wagering under section 120 of the RWWA Act.

(3)	Subject to subsection (5), the old Greyhound Racing Rules continue in force with such changes as are necessary on and after commencement day —

(a)	to the extent that the rules relate to racing, as if the rules were made by RWWA as Rules of Greyhound Racing under section 45 of the RWWA Act; and
(b)	to the extent that the rules deal with totalisators on racecourses —

(i) before the appointed day as if the rules were not affected by this Act or the RWWA Act; and

(ii) on and after the appointed day as if the rules were made and approved as rules of wagering under section 120 of the RWWA Act.

(4)	A reference in the RWWA Act to the rules of racing or the rules of wagering includes a reference to the rules in force under this section.
(5)	The rules continued in force under subsections (1), (2) and (3) expire 12 months after the coming into operation of this section, or on a day fixed by order of the Minister published in the Gazette, whichever is the earlier day.
(6)	Nothing in this section affects the operation of sections 36, 37 and 38 of the RWWA Act.
(7)	To the extent that the rules continued in force under this section confer functions and powers solely on a principal club or a controlling authority, on and after commencement day those

Racing and Gambling Legislation Amendment and Repeal Act 2003

Part 2	Transitional matters related to enactment of RWWA Act
s. 12

functions are to be carried out and powers are to be exercised by

RWWA.

12. Licences, permits, approvals and registrations

(1)	In this section —
“authorisation” means —

(a)	a licence to train;
(b)	a licence of a bookmaker;
(c)	a licence of a driver;
(d)	a licence of a trainer;
(e)	a licence of a stablehand;
(f)	a licence of a studmaster or artificial breeding technician;
(g)	a permit to train;
(h)	registration of a racing club;

(i) registration as a driver, trainer, owner, stable hand, bookmaker or bookmaker’s clerk;

(j)	registration of a horse, foal, stud or sire (or for a certificate of service) or of any transfer, lease or cancellation of lease of a horse;
(k)	registration of a syndicate;
(l)	registration of colours;

(m)	any other licence, permit, approval or registration.

(2)	Subject to the RWWA Act, any authorisation given or issued under —

(a)	the old Greyhound Racing Rules;
(b)	the old Rules of Harness Racing;
(c)	the by-laws of the Western Australian Trotting Association under the Western Australian Trotting Association Act 1946; or

Racing and Gambling Legislation Amendment and Repeal Act 2003

Transitional matters related to enactment of RWWA Act	Part 2
s. 13

(d)	the old Rules of Racing,

and in force immediately before commencement day continues in force on and after commencement day as if it were given by RWWA under the RWWA Act.

13. Appointment of stewards and other officials

(1)	Subject to the RWWA Act and unless otherwise determined in writing by RWWA, any appointment of a steward or other racing official made under —

(a)	the old Greyhound Racing Rules;
(b)	the old Rules of Harness Racing; or
(c)

the old Rules of Racing,

and in force immediately before commencement day continues

in force, with necessary changes but otherwise under and

subject to the same terms and conditions, on and after

commencement day as if it were made under the RWWA Act.

(2)	Nothing in —

(a)	the old Greyhound Racing Rules;
(b)	the old Rules of Harness Racing; or
(c)

the old Rules of Racing, operates so as to prevent or restrict —

(d)	the continuation of the appointment of an employee of a racing club as a steward or other racing official for the purposes of the RWWA Act; or
(e)	the appointment by RWWA of an employee of a racing club as a steward or other racing official for the purposes of the RWWA Act.

14. Race meetings

On and after commencement day a date or time for a race

meeting that has been fixed by or under —

(a)	the old Greyhound Racing Rules;

Racing and Gambling Legislation Amendment and Repeal Act 2003

Part 2	Transitional matters related to enactment of RWWA Act
s. 15

(b)	the old Rules of Harness Racing;
(c)	the by-laws of the Western Australian Trotting Association under the Western Australian Trotting Association Act 1946; or
(d)

the old Rules of Racing,

and in force immediately before commencement day, is to be

taken to be the date or time of the race meeting as if it had been

fixed by RWWA under the RWWA Act.

15. Appeals

(1)	Any appeal under —

(a)	the old Greyhound Racing Rules;
(b)	the old Rules of Harness Racing;
(c)	the by-laws of the Western Australian Trotting Association under the Western Australian Trotting Association Act 1946; or
(d)

the old Rules of Racing,

that has been commenced but not completed immediately before

commencement day, is taken to be an appeal against a decision

of RWWA.

(2)	A right of appeal under —

(a)	the old Greyhound Racing Rules;
(b)	the old Rules of Harness Racing;
(c)	the by-laws of the Western Australian Trotting Association under the Western Australian Trotting Association Act 1946; or
(d)	the old Rules of Racing,

that is in existence but has not been exercised immediately before commencement day, is taken to be a right of appeal against a decision of RWWA.

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16. TAB Sports Betting Account

(1)

On commencement day, any funds standing to the credit of the

TAB Sports Betting Account established under

section 28A(2)(d) of the TABB Act are to be credited to the

Sports Wagering Account referred to in section 110A of the

Gaming Commission Act 1987, and the TAB Sports Betting

Account is then to be closed.

(2)

If in an agreement, instrument or other document there is a

reference to the TAB Sports Betting Account, that reference is,

unless the context otherwise requires, to be read or to have

effect on and after commencement day as if it were a reference

to the Sports Wagering Account.

17. Sports Betting Promotion Account

(1)

On commencement day, any funds standing to the credit of the

Sports Betting Promotion Account referred to in

section 28A(2)(c) of the TABB Act are to be credited to an

account established under section 88 of the RWWA Act, and the

Sports Betting Promotion Account is then to be closed.

(2)

If in an agreement, instrument or other document there is a

reference to the Sports Betting Promotion Account, that reference

is, unless the context otherwise requires, to be read or to have

effect on and after commencement day as if it were a reference to

the account established under section 88 of the RWWA Act.

18. Further transitional provisions may be made

(1)	If there is no sufficient provision in this Part for dealing with a transitional matter, regulations under this Act may include any provision that is required, or that is necessary or convenient, for
dealing with the transitional matter.
(2)	In subsection (1) —
“transitional matter” means a matter that needs to be dealt

with for the purpose of —

(a)	effecting the transition from the provisions of the TABB Act to the provisions of the RWWA Act; or

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(b)	effecting the transition from the provisions of an Act amended by this Act as in force before this Act comes into operation to the provisions of that Act as in force after this Act comes into operation.

(3)	Regulations made under subsection (1) may provide that specific provisions of the RWWA Act or an Act amended by this Act —

(a)	do not apply; or
(b)	apply with specific modifications,

to or in relation to any matter.

(4)	If regulations made under subsection (1) provide that a specified state of affairs is to be taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the Gazette but not earlier than the commencement day, the regulations have effect according to their terms.
(5)	In subsection (4) —
“specified” means specified or described in the regulations.
(6)	If regulations contain a provision referred to in subsection (4), the provision does not operate so as —

(a)	to affect in a manner prejudicial to any person (other than the State), the rights of that person existing before the day of publication of those regulations; or
(b)	to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the day of publication of

those regulations.

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Amendments consequential on enactment of RWWA Act

Part 3

Amendment of regulations

Division 1

s. 19

Part 3 — Amendments consequential on enactment of

RWWA Act

Division 1 — Amendment of regulations

19. Power to amend regulations

(1)	The Governor, on the recommendation of the Minister, may make regulations amending subsidiary legislation made under any Act.
(2)	The Minister may make a recommendation under subsection (1) only if the Minister considers that each amendment proposed to be made by the regulations is necessary or desirable as a
consequence of the enactment of the RWWA Act or this Act.
(3)	Nothing in this section prevents subsidiary legislation from being amended in accordance with the Act under which it was made.

Division 2 — Consequential amendments

20. Constitution Acts Amendment Act 1899 amended

(1)

The amendment in this section is to the Constitution Acts

Amendment Act 1899*.

[* Reprinted as at 8 June 2001.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 72 and Acts Nos. 24 and 25 of 2001, and 5, 20 and 30 of 2002.]

(2)	Schedule V Part 3 is amended by inserting after the item relating to the Queen Elizabeth II Medical Centre Trust the following item — “

The board of Racing and Wagering Western Australia

established by the Racing and Wagering Western Australia

Act 2003.

”.

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s. 21

21. Financial Administration and Audit Act 1985 amended

(1)

The amendment in this section is to the Financial

Administration and Audit Act 1985*.

[* Reprinted as at 16 September 2002.

For subsequent amendments see Acts Nos. 30 and 38 of

2002.]

(2)	Schedule 1 is amended by inserting in the appropriate alphabetical position the following item — “

Racing and Wagering Western Australia

”.

22. Parliamentary Commissioner Act 1971 amended

(1)

The amendment in this section is to the Parliamentary

Commissioner Act 1971*.

[* Reprinted as at 16 March 2001.]

(2)

Schedule 1 is amended by inserting in the appropriate

alphabetical position the following —

“

Racing and Wagering Western Australia established under

section 4 of the Racing and Wagering Western Australia

Act 2003.

”.

23. Public Sector Management Act 1994 amended

(1)

The amendment in this section is to the Public Sector

Management Act 1994*.

[* Reprinted as at 9 February 2001.

For subsequent amendments see Acts Nos. 24 of 2001 and 20

of 2002.]

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s. 24

(2)	Schedule 1 is amended by inserting after item 15 the following item —

“

16. Racing and Wagering Western Australia established under the Racing and Wagering Western Australia Act 2003

”.

24. Statutory Corporations (Liability of Directors) Act 1996 amended

(1)

The amendment in this section is to the Statutory Corporations

(Liability of Directors) Act 1996*.

[* Reprinted as at 10 August 2001.

For subsequent amendments see Acts Nos. 25 of 2001 and 30

of 2002.]

(2)	Schedule 1 is amended by inserting after the item relating to the
Potato Marketing Corporation of Western Australia the
following item —

“

Racing and	a director of	Racing and
Wagering	the board	Wagering Western
Western	Australia Act 2003
Australia

”.

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Part 4	Totalisator Agency Board Betting Act 1960 amended and
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Part 4 — Totalisator Agency Board Betting Act 1960

amended and repealed, transitional and savings provisions, and consequential amendments

Division 1 — Amendments

25. The Act amended

The amendments in this Division are to the Totalisator Agency

Board Betting Act 1960*.

[* Reprinted as at 8 November 2002.]

26. Section 3 amended

Section 3 is amended by inserting in the appropriate

alphabetical positions the following definitions —

“

“RWWA” means Racing and Wagering Western

Australia established under the RWWA Act;

“RWWA Act” means the Racing and Wagering

Western Australia Act 2003;

”.

27. Section 23A replaced

Section 23A is repealed and the following section is inserted

instead —

“

23A.

Unclaimed dividends, fixed odds winnings and

refunds

(1)

On and after the coming into operation of section 27 of the Racing and Gambling Legislation Amendment and Repeal Act 2003 all moneys payable by way of

dividends, fixed odd winnings and refunds by the TAB

which are unclaimed for 7 months by any person

entitled to the moneys shall —

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(a)	in the case of moneys payable by way of dividends, fixed odds winnings or refunds in respect of wagers made on sporting events, be paid by the TAB, into the Sports Wagering Account under section 110A of the Gaming Commission Act 1987 as if the moneys were moneys payable by RWWA under section 107 of the RWWA Act; and
(b)

in the case of any other moneys, be paid by the section 88 of the RWWA Act.

(2)	Upon payment of moneys under subsection (1) into an account —

(a)	the moneys become part of the funds of that account; and
(b)	the person who was entitled to claim the moneys has no enforceable claim in respect of the moneys.

(3)

The moneys must be paid under subsection (1) not later

than the last operating day of the month following the

period of 7 months referred to in that subsection.

(4)

Subsection (1) does not apply to moneys which are credited by the TAB to a credit account established with it under this Act.

”.

28. Section 24C repealed

Section 24C is repealed.

29. Section 27B repealed

Section 27B is repealed.

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30. Sections 28 replaced

Section 28 is repealed and the following section is inserted

instead —

“

28. Allocation of TAB’s funds

(1)	In respect of moneys received from fixed odds bets and totalisator bets made with the TAB on sporting events, the TAB after paying —

(a)	all winnings and dividends in respect of the bets; and
(b)	the amount of betting tax imposed under section 25 in respect of the bets,

shall pay 25%, or such other percentage as may be

prescribed, of the balance to the Sports Wagering

Account established under section 110A of the Gaming

Commission Act 1987.

(2)	The TAB after paying —

(a)	the amounts required to be paid under subsection (1);
(b)	all other winnings and dividends in respect of fixed odds bets and totalisator bets;
(c)	any other amount of betting tax imposed under section 25 in respect of fixed odds bets and totalisator bets;
(d)	the respective amounts required for the time being to the credit of a reserve account opened under section 26; and
(e)	all other outgoings and expenses of the TAB in relation to its functions under this Act,

shall pay the balance of the moneys it receives from

fixed odds bets and totalisator bets, or otherwise in

relation to its functions under this Act, into an account

established under section 88 of the RWWA Act.

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(3)

The balance referred to in subsection (2) shall be paid by periodical or other payment in such manner as the Minister may direct.

(4)

Moneys paid under subsection (2) into an account

established by RWWA —

(a)	become the funds of RWWA; and
(b)	may be paid for any purpose for which RWWA is authorised or required to pay moneys under section 105(1)(d), (e), (h) and (i) of the RWWA Act.

(5)	The balance of the moneys remaining after the payments referred to in subsection (4)(b) is to be paid or credited in accordance with section 105(2) to (6) of the RWWA Act.

”.

31. Section 28A repealed

Section 28A is repealed.

Division 2 — Repeals

32. Totalisator Agency Board Betting Act 1960 repealed

The Totalisator Agency Board Betting Act 1960 is repealed.

33. Totalisator Agency Board Betting Tax Act 1960 repealed

The Totalisator Agency Board Betting Tax Act 1960 is repealed.

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Division 3 — Transitional and savings provisions

Subdivision 1 — Preliminary

34. Intention

The intention of the provisions of this Division is that RWWA will, in accordance with these provisions, stand in place of and be the successor to the TAB.

35. Definitions

In this Part, unless the contrary intention appears —

“TAB” means the Totalisator Agency Board established by the

TABB Act;

“TABB Act” means the Totalisator Agency Board Betting

Act 1960.

36. Application of Interpretation Act 1984

(1)

The provisions of the Interpretation Act 1984 about the repeal

of written laws and the substitution of other written laws for

those so repealed (for example, sections 16(1), 36 and 38) apply

to the repeal of the TABB Act in relation to that Act as if the

RWWA Act repealed the TABB Act.

(2)

The provisions of this Division are additional to the provisions

applied by subsection (1).

Subdivision 2 — Devolution of the TAB’s assets and liabilities

37. Transfer of assets and liabilities to RWWA

On and after the appointed day —

(a)	the assets and rights of the TAB vest in RWWA by force of this section;
(b)	the liabilities of the TAB (including a share of a liability) become, by force of this section, the liabilities of RWWA;

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(c)	any agreement or instrument relating to the assets, rights and liabilities referred to in paragraphs (a) and (b) has effect, by force of this section, as if RWWA were substituted for the TAB in the agreement or instrument;
(d)	RWWA is a party to any proceedings by or against the TAB commenced before the appointed day;
(e)	any proceeding or remedy that might have been commenced by or available against or to the TAB in relation to the assets, rights and liabilities referred to in paragraphs (a) and (b), may be commenced and are available, by or against or to RWWA;
(f)	any act, matter or thing done or omitted to be done in relation to the assets, rights and liabilities referred to in paragraphs (a) and (b) before the appointed day by, to or in respect of the TAB (to the extent that that act, matter or thing has any force or effect) is to be taken to have been done or omitted by, to or in respect of RWWA;
(g)	the TAB is to deliver to RWWA all registers, papers, documents, minutes, receipts, books of account and other records (however compiled, recorded or stored) relating to —

(i) the assets, rights and liabilities referred to in paragraphs (a) and (b); and

(ii) proceedings referred to in paragraph (d).

38. Guarantees in respect of the TAB

(1)

A guarantee under section 19 of the TABB Act as in force

immediately before the appointed day is not affected by any

provision of this Act, including without limitation the transfer of

any liability of the TAB under section 37 to RWWA.

(2)

Any guarantee referred to in subsection (1) is to continue in

force and is to be read and construed, on and from

commencement day as if it were a guarantee of the liabilities of

RWWA which have been vested or assumed in or by it.

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(3)

The Treasurer may enter into any instrument confirming the

continued liability of the State under a guarantee referred to in

subsection (1).

(4)

By virtue of this subsection, any sum paid by the Treasurer under a guarantee referred to in subsection (1) constitutes a charge on the assets of RWWA.

39. Exemption from State taxation

(1)	In this section —
“State tax” includes stamp duty chargeable under the Stamp

Act 1921 and any other tax, duty, fee, levy or charge under a law of the State.

(2)	State tax is not payable in relation to —

(a)	anything that occurs by the operation of this Division; or
(b)	anything done (including a transaction entered into or an instrument or document of any kind made, executed, lodged or given) under this Division, or to give effect to this Division, or for a purpose connected with or arising out of, giving effect to this Division.

(3)	The Treasurer or a person authorised by the Treasurer may, on request by RWWA, certify in writing that —

(a)	a specified thing occurred by the operation of this Division; or
(b)	a specified thing was done under this Division, or to give effect to this Division, or for a purpose connected with or arising out of giving effect to this Division.

(4)	For all purposes and in all proceedings, a certificate under subsection (3) is conclusive evidence of the matters it certifies, except so far as the contrary is shown.

40. Registration of documents

(1)	The relevant officials are to take notice of the provisions of this Division and are empowered to record and register in the

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Division 3

s. 41

appropriate manner the documents necessary to give effect to

this Division.

(2)

Without limiting subsection (1), a statement in an instrument

executed by RWWA that any estate or interest in land or other

property has become vested in it is evidence of that fact.

(3)

In subsection (1) —

“relevant officials” means the Registrar of Titles, the Registrar

of Deeds, the Minister administering the Land

Administration Act 1997 and any other person authorised

by a written law to record and give effect to the registration

of documents relating to transactions affecting any estate or

interest in land or any other property.

41. Saving

The operation of section 37 is not to be regarded —

(a)	as a breach of contract or confidence or otherwise as a civil wrong;
(b)	as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities or the disclosure of

information;

(c)	as giving rise to any remedy by a party to an instrument or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any assets, right or liability;
(d)	as causing any contract or instrument to be void or otherwise unenforceable; or
(e)	as releasing or allowing the release of any surety.

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Subdivision 3 — Staff

42. Transition of employment

(1)

Any person who was in the employment of the TAB

immediately before the appointed day continues, under and

subject to the RWWA Act, as a member of staff of RWWA.

(2)

Except as otherwise agreed by a member of staff, the

remuneration, existing or accrued rights, rights under a

superannuation scheme or continuity of service of a member of

staff of RWWA are not affected, prejudiced or interrupted by —

(a)	the operation of subsection (1); or
(b)	the TAB ceasing to be a non-SES organisation under the Public Sector Management Act 1994.

(3)	A person mentioned in subsection (1) is to be regarded as an employee of an organisation for the purposes of Part 6 of the Public Sector Management Act 1994, and RWWA is to be
regarded as the employing authority for the purposes of that Part.
(4)	A person mentioned in subsection (1) who elects in writing to the Minister to be registered under Part 4 of the Public Sector Management (Redeployment and Redundancy)
Regulations 1994 is to be registered under that Part.
(5)	Subsections (3) and (4) cease to apply at the expiration of 2 years after the appointed day.
(6)	A person mentioned in subsection (1) is to be regarded as having been engaged under section 22 of the RWWA Act.

Subdivision 4 — General transitional provisions

43. Annual report for part of a year

The accountable authority, as defined in the Financial

Administration and Audit Act 1985, of the TAB is to report in

respect of that body as required by section 66 of that Act, but

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s. 44

limited to the period from the preceding 1 August to the

appointed day, and Division 14 of Part II of that Act applies as

if that period were a full financial year.

44. Completion of things commenced

Anything commenced to be done by the TAB under the TABB Act before the appointed day may be continued by RWWA so far as the doing of that thing is within the functions of RWWA after the appointed day.

45. Continuing effect of things done

Any act, matter or thing done or omitted to be done before the

appointed day by, to or in respect of the TAB, to the extent that

that act, matter or thing —

(a)	has any force; and
(b)

is not governed by section 37(f),

is to be taken to have been done or omitted by, to or in respect

of RWWA so far as the act, matter or thing is relevant to

RWWA.

46. Immunity to continue

Despite the RWWA Act, where the TAB had the benefit of any

immunity in respect of an act, matter or thing done or omitted

before the appointed day, that immunity continues in that

respect for the benefit of RWWA.

47. Agreements and instruments generally

(1)

This section applies to any agreement or instrument subsisting

immediately before the appointed day that does not come within

the provisions of section 37(c).

(2)

Any agreement or instrument to which this section applies —

(a)	to which the TAB was a party; or

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(b)	which contains a reference to the TAB,

has effect after the appointed day as if —

(c)	RWWA were substituted for the TAB as a party to the agreement or instrument; and
(d)	any reference in the agreement or instrument to the TAB were (unless the context otherwise requires) a reference to RWWA.

48. Rules and regulations — continuation and expiry

(1)	Subject to subsection (6), rules made by the TAB under the TABB Act that were in force immediately before the appointed day continue in force with such changes as are necessary on and after the appointed day as if they were rules of wagering made under section 120 of the RWWA Act.
(2)	Subsection (1) does not continue the operation of any rule that could not be made as a rule of wagering under section 120 of the RWWA Act or a regulation under section 121 of the RWWA Act.
(3)	Subject to subsection (6), regulations made under the TABB Act or continued under section 57(4) of the TABB Act that were in force immediately before the appointed day continue in force with such changes as are necessary on and after the appointed day as if they were regulations made under section 121 of the RWWA Act.
(4)	Subsection (3) does not continue the operation of any regulation that could not be made as a rule of wagering under section 120 of the RWWA Act or a regulation under section 121 of the RWWA Act.
(5)	A reference in the RWWA Act to the rules of wagering or regulations includes a reference to the rules or regulations in force under this section.
(6)	The rules and regulations continued in force under subsections (1) and (3) expire 12 months after the appointed

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day, or on a day fixed by order of the Minister published in the

Gazette, whichever is the earlier day.

49. TAB to perform necessary transitional functions

(1)	Despite the repeal of the TABB Act by section 32 of this Act, the TAB continues in existence for the purpose of —

(a)	reporting as required by section 43; and
(b)	performing the functions described in section 37(g).

(2)	The accountable authority, as defined in the Financial Administration and Audit Act 1985, also continues in existence for the purpose described in subsection (1)(1)(a).

Division 4 — Consequential amendments

50. Constitution Acts Amendment Act 1899 amended

(1)

The amendment in this section is to the Constitution Acts

Amendment Act 1899*.

[* Reprinted as at 8 June 2001.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 72 and Acts Nos. 24 and 25 of 2001, and 5, 20 and 30 of 2002.]

(2)	Schedule V Part 3 is amended by deleting the item relating to the Totalisator Agency Board.

51. Financial Administration and Audit Act 1985 amended

(1)

The amendment in this section is to the Financial

Administration and Audit Act 1985*.

[* Reprinted as at 16 September 2002.

For subsequent amendments see Acts Nos. 30 and 38 of

2002.]

(2)	Schedule 1 is amended by deleting “Totalisator Agency Board”.

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Part 4	Totalisator Agency Board Betting Act 1960 amended and
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52. Statutory Corporations (Liability of Directors) Act 1996 amended

(1)

The amendment in this section is to the Statutory Corporations

(Liability of Directors) Act 1996*.

[* Reprinted as at 10 August 2001.

For subsequent amendments see Acts Nos. 25 of 2001 and 30

of 2002.]

(2)	Schedule 1 is amended by deleting the item relating to the Totalisator Agency Board.

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Part 5 — Racecourse Development Act 1976 repealed, transitional and savings provisions, and consequential

amendments

Division 1 — Repeal

53. Racecourse Development Act 1976 repealed

The Racecourse Development Act 1976 is repealed.

Division 2 — Transitional and savings provisions

Subdivision 1 — Preliminary

54. Definitions

In this Part —

“RD Act” means the Racecourse Development Act 1976;

“RDT” means the Racecourse Development Trust established

by the RD Act;

“RDT Fund” means the Racecourse Development Trust Fund

established and maintained under the RD Act.

Subdivision 2 — Devolution of RDT’s assets and liabilities

55. Transfer of assets and liabilities to RWWA

On and after commencement day —

(a)	the assets and rights of the RDT vest in RWWA by force of this section;
(b)	the liabilities of the RDT (including a share of a liability) become, by force of this section, the liabilities of RWWA;
(c)	any agreement or instrument relating to the assets, rights and liabilities referred to in paragraphs (a) and (b) has effect, by force of this section, as if RWWA were substituted for the RDT in the agreement or instrument;

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(d)	RWWA is a party to any proceedings by or against the RDT commenced before commencement day;
(e)	any proceeding or remedy that might have been commenced by or available against or to the RDT in relation to the assets, rights and liabilities referred to in paragraphs (a) and (b), may be commenced and are available, by or against or to RWWA;
(f)	any act, matter or thing done or omitted to be done in relation to the assets, rights and liabilities referred to in paragraphs (a) and (b) before commencement day by, to or in respect of the RDT (to the extent that that act, matter or thing has any force or effect) is to be taken to have been done or omitted by, to or in respect of RWWA;
(g)	the RDT is to deliver to RWWA all registers, papers, documents, minutes, receipts, books of account and other records (however compiled, recorded or stored) relating to —

(i) the assets, rights and liabilities referred to in paragraphs (a) and (b); and

(ii) proceedings referred to in paragraph (d).

56. Racecourse Development Trust Fund

(1)	On and after commencement day —

(a)	any moneys standing to the credit of the RDT Fund under the RD Act;
(b)	all moneys being repayment of loans from the RDT to racing clubs or allied bodies under the RD Act;
(c)	all moneys paid by way of interest charged on or in connection with loans made from the RDT Fund to racing clubs or allied bodies;
(d)	income from the investment of moneys standing to the credit of the RDT Fund; and

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(e)	any other moneys that, but for the repeal of the RD Act, would have been credited to the Fund,

are to be credited to an account maintained by RWWA under

section 88 of the RWWA Act.

(2)	The moneys credited to an account under subsection (1) are to be administered in 2 allocations namely —

(a)	the thoroughbred allocation; and
(b)	the harness allocation.

(3)	Moneys credited —

(a)	under subsection (1)(a) are to be allocated to the thoroughbred allocation or harness allocation according to which allocation they were administered under the RD Act;
(b)	under subsection (1)(b) or (1)(c) are to be allocated to the thoroughbred allocation or harness allocation according to whether the loan to which they relate was made from the racing allocation or the trotting allocation under the RD Act;
(c)	under subsection (1)(d) or (1)(e) are to be allocated to the thoroughbred allocation or harness allocation at the discretion of RWWA.

(4)	The moneys referred to in subsection (1) are to be applied by RWWA only —

(a)	in payment of any liabilities of the RDT that have become liabilities of RWWA under section 55(b); and
(b)	after allowing for payments under paragraph (a), for the purposes of thoroughbred and harness racing and training infrastructure.

(5)	The payment under subsection (4)(4)(a) of liabilities in respect of thoroughbred racing is to be made from the thoroughbred allocation.

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(6)	The payment under subsection (4)(a) of liabilities in respect of harness racing is to be made from the harness allocation.

57. Directions by the RDT

(1)

Any direction given by the RDT to a racing club or allied body

under section 7B of the RD Act is to continue in force after

commencement day.

(2)

If a racing club or allied body fails to comply with a direction

continued under subsection (1), RWWA may, under section 94

of the RWWA Act, vary the terms and conditions of a loan or

grant given to that racing club or allied body.

58. Loans and grants under RD Act

Sections 94 and 96 of the RWWA Act apply to a loan or grant

made under the RD Act as if the loan or grant were made by

RWWA under Part 7 Division 2 of the RWWA Act.

59. Exemption from State taxation

(1)	In this section —
“State tax” includes stamp duty chargeable under the Stamp

Act 1921 and any other tax, duty, fee, levy or charge under a law of the State.

(2)	State tax is not payable in relation to —

(a)	anything that occurs by the operation of this Division; or
(b)	anything done (including a transaction entered into or an instrument or document of any kind made, executed, lodged or given) under this Division, or to give effect to this Division, or for a purpose connected with or arising out of, giving effect to this Division.

(3)	The Treasurer or a person authorised by the Treasurer may, on request by RWWA, certify in writing that —

(a)	a specified thing occurred by the operation of this Division; or

Racing and Gambling Legislation Amendment and Repeal Act 2003

Totalisator Agency Board Betting Act 1960 amended and

Part 5

Transitional and savings provisions

Division 2

s. 60

(b)	a specified thing was done under this Division, or to give effect to this Division, or for a purpose connected with or arising out of giving effect to this Division.

(4)	For all purposes and in all proceedings, a certificate under subsection (3) is conclusive evidence of the matters it certifies, except so far as the contrary is shown.

60. Registration of documents

(1)	The relevant officials are to take notice of the provisions of this Division and are empowered to record and register in the appropriate manner the documents necessary to give effect to this Division.
(2)	Without limiting subsection (1), a statement in an instrument executed by RWWA that any estate or interest in land or other property has become vested in it is evidence of that fact.
(3)	In subsection (1) —
“relevant officials” means the Registrar of Titles, the Registrar of Deeds, the Minister administering the Land Administration Act 1997 and any other person authorised by a written law to record and give effect to the registration of documents relating to transactions affecting any estate or interest in land or any other property.

61. Saving

The operation of section 55 is not to be regarded —

(a)	as a breach of contract or confidence or otherwise as a civil wrong;
(b)	as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities or the disclosure of

information;

(c)	as giving rise to any remedy by a party to an instrument or as causing or permitting the termination of any

Racing and Gambling Legislation Amendment and Repeal Act 2003

Part 5	Totalisator Agency Board Betting Act 1960 amended and
Division 2	Transitional and savings provisions
s. 62
instrument, because of a change in the beneficial or legal ownership of any assets, right or liability;

(d)	as causing any contract or instrument to be void or otherwise unenforceable; or
(e)	as releasing or allowing the release of any surety.

Subdivision 3 — General transitional provisions

62. Annual report for part of a year

The accountable authority, as defined in the Financial

Administration and Audit Act 1985, of the RDT is to report in

respect of that body as required by section 66 of that Act, but

limited to the period from the preceding 1 August to

commencement day, and Division 14 of Part II of that Act

applies as if that period were a full financial year.

63. Completion of things commenced

Anything commenced to be done by the RDT under the RD Act before commencement day may be continued by RWWA so far as the doing of that thing is within the functions of RWWA after commencement day.

64. Continuing effect of things done

Any act, matter or thing done or omitted to be done before commencement day by, to or in respect of the RDT, to the extent that that act, matter or thing —

(a)	has any force; and
(b)

is not governed by section 55(f),

is to be taken to have been done or omitted by, to or in respect

of RWWA so far as the act, matter or thing is relevant to

RWWA.

Racing and Gambling Legislation Amendment and Repeal Act 2003

Totalisator Agency Board Betting Act 1960 amended and

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Transitional and savings provisions

Division 2

s. 65

65. Immunity to continue

Despite the RWWA Act, where the RDT had the benefit of any

immunity in respect of an act, matter or thing done or omitted

before commencement day, that immunity continues in that

respect for the benefit of RWWA.

66. Agreements and instruments generally

(1)

This section applies to any agreement or instrument subsisting

immediately before commencement day that does not come

within the provisions of section 55(c).

(2)

Any agreement or instrument to which this section applies —

(a)	to which the RDT was a party; or
(b)	which contains a reference to the RDT,

has effect after commencement day as if —

(c)	RWWA were substituted for the RDT as a party to the agreement or instrument; and
(d)	any reference in the agreement or instrument to the RDT were (unless the context otherwise requires) a reference to RWWA.

67. RDT to perform necessary transitional functions

(1)	Despite the repeal of the RD Act by section 53 of this Act, the RDT continues in existence for the purpose of —

(a)	reporting as required by section 62; and
(b)	performing the functions described in section 55(g).

(2)	The accountable authority, as defined in the Financial Administration and Audit Act 1985, also continues in existence for the purpose described in subsection (1)(1)(a).

Racing and Gambling Legislation Amendment and Repeal Act 2003

Part 5	Totalisator Agency Board Betting Act 1960 amended and
Division 3	Consequential amendments
s. 68

Division 3 — Consequential amendments

68. Consequential amendments to other Acts

(1)

Schedule V Part 3 to the Constitution Acts Amendment

Act 1899* is amended by deleting the item relating to the

Racecourse Development Trust.

[* Reprinted as at 8 June 2001.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 72 and Acts Nos. 24 and 25 of 2001, and 5, 20 and 30 of 2002.]

(2)

Schedule 1 to the Financial Administration and Audit Act 1985*

is amended by deleting “Racecourse Development Trust”.

[* Reprinted as at 16 September 2002.

For subsequent amendments see Acts Nos. 30 and 38 of

2002.]

Racing and Gambling Legislation Amendment and Repeal Act 2003

Racing Restriction Act 1917 and Racing Restriction Act 1927

Part 6

Repeals

Division 1

s. 69

Part 6 — Racing Restriction Act 1917 and Racing

Restriction Act 1927 repealed, savings provisions and

consequential amendments

Division 1 — Repeals

69. Racing Restriction Act 1917 repealed

The Racing Restriction Act 1917 is repealed.

70. Racing Restriction Act 1927 repealed

The Racing Restriction Act 1927 is repealed.

Division 2 — Savings provisions

71. Ministerial directions

Any direction given by the Minister under section 2(2) or 3(2) of the Racing Restriction Act 1917 continues in force as if the direction had been given by the Minister under section 13 or 14

of the Racing Restriction Act 2003.

72. Offender may be punished

Despite section 11 of The Criminal Code, a person may be

punished after the commencement of section 69 of this Act for

an offence against repealed section 4 of the Racing Restriction

Act 1917.

Division 3 — Consequential amendments

73. Anzac Day Act 1960 amended

(1)	The amendments in this section are to the Anzac Day Act 1960*.
[* Reprinted as at 24 May 2002.]

Racing and Gambling Legislation Amendment and Repeal Act 2003

Part 6	Racing Restriction Act 1917 and Racing Restriction Act 1927
Division 3	Consequential amendments
s. 73

(2)	Section 4(1) is amended by deleting “Racing Restriction Act 1917 or the Greyhound Racing Control Act 1972” and inserting instead — “

Racing and Wagering Western Australia Act 2003 or

the Racing Restriction Act 2003

”.

(3)

Section 4(5) is repealed.

(4)

Section 5(3) is repealed and the following subsection is inserted

instead —

“

(3)	In this section —
“metropolitan area” means the part of the State that

comprises the region described in the Third Schedule to the Metropolitan Region Town Planning Scheme Act 1959.

”.

Racing and Gambling Legislation Amendment and Repeal Act 2003

Betting Control Act 1954 amended, transitional and savings

Part 7

Amendments

Division 1

s. 74

Part 7 — Betting Control Act 1954 amended,

transitional and savings provisions, and consequential amendments

Division 1 — Amendments

74. Act amended

The amendments in this Division are to the Betting Control

Act 1954*.

[* Reprinted as at 12 April 2002.

For subsequent amendments see Act No. 13 of 2002.]

75. Long title amended

The long title is amended as follows:

(a)	by deleting “or the Totalisator Agency Board” and inserting instead —

“ or RWWA ”;

(b)	by deleting “the Totalisator Agency Board; to repeal certain Acts; to amend certain Acts;” and inserting instead —

“ RWWA; ”.

76. Section 4 amended

Section 4(1) is amended as follows:

(a)	by deleting the definitions of “Board” and “the Fund” and “the TAB”;
(b)	by deleting the definition of “metropolitan area” and inserting instead —

“

“metropolitan area” means the part of the State that

comprises the region described in the Third Schedule to the Metropolitan Region Town Planning Scheme Act 1959;

”;

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Part 7	Betting Control Act 1954 amended, transitional and savings
Division 1	Amendments
s. 76

(c)	by inserting in the appropriate alphabetical positions the following definitions —

“

“authorised officer” has the meaning given to that term in the Gaming and Wagering Commission Act 1987;

“Commission” means the Gaming and Wagering

Commission established under the Gaming and

Wagering Commission Act 1987;

”;

(d)	by inserting in the appropriate alphabetical positions the following definitions —

“

“RWWA” means Racing and Wagering Western

Australia established under the RWWA Act;

“RWWA Act” means the Racing and Wagering

Western Australia Act 2003;

“steward” means a steward appointed under the

RWWA Act;

”;

(e)	in the definition of “ADI” by inserting “an” after “means”;
(f)	in the definition of “approved area” by deleting “controlling authority of ” and inserting instead —

“ authority controlling ”;

(g)	in the definition of “controlling interest” by deleting “holds”;
(h)	in the definitions of “fixed odds bet” and “totalisator” by deleting “Totalisator Agency Board Betting Act 1960” and inserting instead —

“ RWWA Act ”.

Racing and Gambling Legislation Amendment and Repeal Act 2003

Betting Control Act 1954 amended, transitional and savings

Part 7

Amendments

Division 1

s. 77

77. Section 5 amended

(1)

Section 5(1)(a) is amended by deleting “, except on Anzac Day

during the period ending at 12 noon”.

(2)

Section 5(3) is amended by inserting after “Gaming” the

following —

“ and Wagering ”.

78. Section 5A inserted

After section 5 the following section is inserted —

“

5A.	Communication and broadcasting of information
Despite the provisions of any other Act it is lawful —

(a)	to communicate information from a race course or a venue at which an event, including a sporting event, is held to a totalisator agency for or in connection with the payment or crediting of dividends or winnings to persons making bets through RWWA; or
(b)	in relation to a totalisator, to broadcast information as to the amount of dividends payable on any race or sporting event on which the bets have been made through or with RWWA, after those dividends have been declared on the totalisator or by RWWA.

”.

79. Sections 6 to 10 repealed

Sections 6, 6A, 6B, 6C, 6D, 6E, 6F, 6G, 7, 9 and 10 are

repealed.

Racing and Gambling Legislation Amendment and Repeal Act 2003

Part 7	Betting Control Act 1954 amended, transitional and savings
Division 1	Amendments
s. 80

80. Section 11D amended

(1)	After section 11D(2) the following subsection is inserted —

“

(2a)	The Board shall not grant a bookmaker’s manager licence or a bookmaker’s employee licence to a person under the age of 18 years.

”.

(2)	Section 11D(5)(b) is amended by deleting “controlling authority of ” and inserting instead —
“ authority controlling ”.
(3)	Section 11D(6)(a) is amended by deleting “controlling authority of ” and inserting instead —
“ authority controlling ”.

81. Section 12 amended

(1)	Section 12(3) is amended by deleting the passage from and including “only — ” to the end of the subsection and inserting instead — “

only (except as regards betting on sporting events as

authorised and approved under section 4B) —

(a)	during any day on which a race meeting is conducted at the race course; or
(b)	on other days, at times approved by both the Board and the committee or other authority controlling the race course.

”.

(2)	Section 12(3a) is amended by deleting “or other person appointed by the committee or other authority controlling the race course”.

Racing and Gambling Legislation Amendment and Repeal Act 2003

Betting Control Act 1954 amended, transitional and savings

Part 7

Amendments

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s. 82

(3)	Section 12(4) is amended by deleting “The committee or other authority controlling a race course” and inserting instead —
“ A steward ”.
(4)	Section 12(4a) is amended by deleting “The committee or other authority controlling a race course” and inserting instead —
“ A steward ”.
(5)	Section 12(5) is amended as follows:

(a)	in paragraph (c) by deleting the semicolon and inserting instead a full stop;
(b)	by deleting paragraphs (d) and (e).

(6)	After section 12(6) the following subsection is inserted —

“

(7)	RWWA shall report to the Commission, as soon as is practicable, the result of any hearing or appeal conducted under the RWWA Act relating to —

Act 1987;

”.

Racing and Gambling Legislation Amendment and Repeal Act 2003

Part 9	Gaming Commission Act 1987 amended, transitional and
Division 3	Consequential amendments
s. 174

(3)	Section 115(1)(c) is amended by deleting “the Gaming Commission Act 1987” and inserting instead —
“ the Gaming and Wagering Commission Act 1987 ”.
(4)	In each place listed in the Table to this section “the Gaming Commission” is deleted and the following is inserted instead —
“ the Gaming and Wagering Commission ”.

Table

s. 44(1)	s. 97(2)(d)
s. 44(3)	s. 97(3)(d)
s. 45(1)(b)	s. 97(4)(d)
s. 45(2)	s. 97(5)(d)
s. 45(4)(a)	s. 97(6)(d)
s. 78 s. 83(1)

174. Racing and Wagering Western Australia Act 2003 amended

(1)

The amendments in this section are to the Racing and Wagering

Western Australia Act 2003.

(2)

In each place listed in the Table to this subsection “and

Wagering” is inserted after “Gaming”.

Table

s. 3(1) (definitions of “Commission”,	s. 104(1)
“gaming”, “Sports Wagering
Account” and “wagering”)
s. 10(1)(i)	s. 107(1)
s. 14(5)	Schedule 1 clause 2(1)(e)
s. 86(2)

(3)	The definition of “Commission” in section 3(1) is amended by inserting “and Wagering” after “the Gaming”.

Racing and Gambling Legislation Amendment and Repeal Act 2003

Gaming Commission Act 1987 amended, transitional and

Part 9

Consequential amendments

Division 3

s. 175

175. Consequential amendments to other Acts

(1)

Schedule 1 to the Financial Administration and Audit Act 1985*

is amended by deleting “Gaming Commission of Western

Australia” and inserting instead —

“ Gaming and Wagering Commission of Western Australia ”.

[* Reprinted as at 16 September 2002.

For subsequent amendments see Acts Nos. 30 and 38 of

2002.]

(2)

Sections 61(2)(c) and 74 of the Police Act 1892* are amended

by inserting after “Gaming” —

“ and Wagering ”.

[* Reprinted as at 12 January 2001.

For subsequent amendments see Act No. 6 of 2002.]

(3)	Section 9(1a) of the Stamp Act 1921* is amended by deleting “Gaming Commission established under section 4 of the Gaming Commission Act 1987” and inserting instead — “

Gaming and Wagering Commission of Western

Australia established under the Gaming and Wagering

Commission Act 1987

”.

[* Reprinted as at 3 August 2001.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 354 and Acts Nos. 7, 11 and 25 of 2002.]

Racing and Gambling Legislation Amendment and Repeal Act 2003

Part 10	Police Act 1892 amended and savings provision
s. 176

Part 10 — Police Act 1892 amended and

savings provision

176. The Act amended

The amendment in this Part is to the Police Act 1892*.

[* Reprinted as at 12 January 2001.

For subsequent amendments see Act No. 6 of 2002.]

177. Part VI Division 2 repealed

Part VI Division 2 is repealed.

178. Savings provision

Despite section 11 of The Criminal Code and section 10 of the

Sentencing Act 1995 and the repeal by section 177 of a

provision of the Police Act 1892 that creates an offence —

(a)	an investigation or legal proceedings in respect of any such offence alleged to have been committed before the commencement of section 177 may be commenced or continued; and
(b)	a person may be sentenced or otherwise dealt with for the alleged offence as if the provision had not been repealed.

Racing and Gambling Legislation Amendment and Repeal Act 2003

Racing Penalties (Appeals) Act 1990 amended and transitional

Part 11

Amendments

Division 1

s. 179

Part 11 — Racing Penalties (Appeals) Act 1990

amended and transitional provisions

Division 1 — Amendments

179. The Act amended

The amendments in this Part are to the Racing Penalties

(Appeals) Act 1990*.

[* Reprinted as at 19 October 2001.]

180. Section 3 amended

(1)	Section 3 is amended as follows:

(a)	by inserting after the section designation “3.” the subsection designation “(1)”;
(b)	by deleting the definitions of “club”, “committee”, “controlling authority”, “galloper”, “greyhound racing”, “greyhound racing club”, “Greyhound Racing Rules”, “harness racing”, “harness racing club”, “horse racing”, “horse racing club”, “racing club”, “Rules of Racing” and “Rules of Trotting”;
(c)	by deleting the definition of “the TAB”;
(d)	by inserting in the appropriate alphabetical places the following definitions —

“

“RWWA” means Racing and Wagering Western

Australia established under the Racing and

Wagering Western Australia Act 2003;

“RWWA Act” means the Racing and Wagering

Western Australia Act 2003;

“steward” means a steward appointed under the

RWWA Act;

“thoroughbred” means a horse which when raced is

galloped and is ridden by a jockey;

”;

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Part 11	Racing Penalties (Appeals) Act 1990 amended and transitional
Division 1	Amendments
s. 181

(e)	in the definition of “race meeting” by deleting “gallopers” and inserting instead —

“ thoroughbreds ”;

(f)	in the definition of “racing” in paragraph (c) by deleting “horse” and inserting instead —

“ thoroughbred ”;

(g)	in the definition of “runner” —

(i) by deleting “horse” and inserting instead —

“ thoroughbred ”; and

(ii) by deleting “galloper” and inserting instead —

“ thoroughbred ”.

(2)	At the end of section 3 the following subsection is inserted —

“

(2)	A word or expression used in this Act has the same meaning as it has in the RWWA Act unless —

(a)	this Act gives it another meaning; or
(b)	the contrary intention appears in some other way.

”.

181. Section 7 amended

Section 7(1)(b) is amended as follows:

(a)	by deleting “galloper” and inserting instead —

“ thoroughbred ”;

(b)	by deleting “horse” and inserting instead —

“ thoroughbred ”.

182. Section 12 amended

(1)	Section 12(1) is amended as follows:

(a)	by deleting “a controlling authority, racing club, committee or stewards” and inserting instead —

“ a steward, a racing club or a committee ”;

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Part 11

Amendments

Division 1

s. 183

(b)	by deleting “the rules of the appropriate controlling authority” and inserting instead —

“ the rules of racing ”;

(c)	by deleting “that controlling authority” and inserting instead —

“ RWWA ”.

(2)	Section 12(2) is repealed and the following subsection is inserted instead —

“

(2)	An appeal under subsection (1) to RWWA shall be heard and determined in accordance with the rules of racing.

”.

(3)

Section 12(3) is amended by deleting “an appropriate

controlling authority” and inserting instead —

“ RWWA ”.

183. Section 13 amended

Section 13(1) is amended by deleting “an appropriate

controlling authority, of a racing club, or of any committee or

stewards” and inserting instead —

“

RWWA, of a steward, of a racing club, or of a

committee

”.

184. Section 14 amended

Section 14(1)(a) is amended by deleting “the appropriate

controlling authority, or of any racing club, or of any committee

or stewards” and inserting instead —

“

RWWA, of a steward, of a racing club, or of a

committee

”.

Racing and Gambling Legislation Amendment and Repeal Act 2003

Part 11	Racing Penalties (Appeals) Act 1990 amended and transitional
Division 1	Amendments
s. 185

185. Section 15 amended

(1)	Section 15(1) is amended as follows:

(a)

the Rules of Racing or the Rules of Trotting or in the

constitution, rules, or articles of an appropriate

controlling authority, or a racing club,” and inserting

in paragraph (b) by deleting “Greyhound Racing Rules, “

Rules of Greyhound Racing, the Rules of

Harness Racing or the Rules of Thoroughbred

Racing or in the constitution, rules or articles of

a racing club,

”.

(b)	by deleting “a controlling authority” and inserting instead —

“ RWWA ”.

(2)

Section 15(2) is amended by deleting “a controlling authority”

and inserting instead —

“ RWWA ”.

186. Section 16 amended

(1)

Section 16(2)(d) is amended by deleting “controlling authority

or other persons” and inserting instead —

“ person ”.

(2)

Section 16(3) is amended as follows:

(a)	in paragraph (d)(i) by deleting “on the appropriate controlling authority, or”;
(b)	by inserting after paragraph (d)(i) the following subparagraph —

“

(ia) on RWWA;

”.

Racing and Gambling Legislation Amendment and Repeal Act 2003

Racing Penalties (Appeals) Act 1990 amended and transitional

Part 11

Amendments

Division 1

s. 187

(3)

Section 16(4) is amended by deleting “any controlling authority,

club, committee or stewards” and inserting instead —

“ RWWA, a steward or a club or committee ”.

187. Section 17 amended

(1)	Section 17(7) is amended as follows:

(a)	by deleting “any appropriate controlling authority, racing club, committee or stewards” and inserting instead —

“

RWWA, a steward, racing club or committee, as

appropriate

”;

(b)	by deleting paragraph (a) and inserting the following paragraph instead —

“

(a) to RWWA;

”;

(c)	by deleting “that controlling authority, racing club or committee or by those stewards” and inserting instead —

“

RWWA or by that steward, racing club or committee

”;

(d)	by deleting “the controlling authority” and inserting instead —

“ RWWA ”.

(2)	Section 17(9) is amended as follows:

(a)	in paragraph (b) by deleting “the appropriate controlling authority,” and inserting instead —

“ RWWA or the appropriate ”;

Racing and Gambling Legislation Amendment and Repeal Act 2003

Part 11	Racing Penalties (Appeals) Act 1990 amended and transitional
Division 1	Amendments
s. 188

(b)	in paragraph (d) by deleting “the appropriate controlling authority,” and inserting instead —

“ RWWA or the appropriate ”.

188. Section 19 amended

(1)	Section 19(1) is amended as follows:

(a)	by deleting “Every controlling authority, racing club, committee, stewards or” and inserting instead —

“

RWWA and each steward, racing club, committee and

”.

(b)	by inserting after “given by the Tribunal” the following —

“ to that person ”.

(2)	Section 19(2) is amended as follows:

(a)	by deleting paragraph (a) and inserting the following paragraphs instead —

“

(a) RWWA;

(aa) a steward;

”;

(b)	in paragraph (c) by deleting “or stewards”.

189. Section 24 amended

(1)	Section 24(1)(c) and “and” following are deleted and the following paragraph is inserted instead —

“

(c)	moneys payable in accordance with subsection (4); and

”.

Racing and Gambling Legislation Amendment and Repeal Act 2003

Racing Penalties (Appeals) Act 1990 amended and transitional

Part 11

Amendments

Division 1

s. 189

(2)	Section 24(2), (3) and (4) are repealed and the following subsections are inserted instead —

“

(2)	The Registrar, before the end of each financial year, shall —

(a)	make an estimate of the total anticipated cost of the operations of the Tribunal for the ensuing financial year of the Tribunal; and
(b)	submit that estimate, adjusted in accordance with subsection (3), to the Minister for approval.

(3)	The estimate submitted under subsection (2)(b) shall be adjusted —

(a)	to include the amount, if any, by which the amount paid by RWWA under subsection (4) in respect of the previous financial year, fell short of the actual total cost of the operations of the Tribunal for that financial year; or
(b)	to exclude the amount, if any, by which the amount paid by RWWA under subsection (4) in respect of the previous financial year, exceeded the actual total cost of the operations of the Tribunal for that financial year,

as the case requires.

(4)	The amount representing the estimate approved by the Minister under subsection (2) shall be —

(a)	deducted by RWWA from the moneys that, but for section 105(1)(h) or 106(1)(h) of the RWWA Act, would otherwise be available to be paid or credited to racing clubs by RWWA under section 105 or 106 of the RWWA Act; and
(b)	paid by RWWA to the Tribunal.

”.

(3)	Section 24(5), (6) and (7) are repealed.

Racing and Gambling Legislation Amendment and Repeal Act 2003

Part 11	Racing Penalties (Appeals) Act 1990 amended and transitional
Division 2	Transitional provisions
s. 190

190. Section 25 amended

Section 25(2)(a) is amended by deleting “the appropriate

controlling authority” and inserting instead —

“ RWWA ”.

191. Section 27 repealed

Section 27 is repealed.

192. Schedule amended

Clause 3(2) of the Schedule is amended as follows:

(a)	in paragraph (b) by deleting “galloper” and inserting instead —

“ thoroughbred ”;

(b)	in paragraph (c) by deleting “gallopers” and inserting instead —

“ thoroughbreds ”;

(c)	by deleting paragraph (d) and inserting the following paragraph instead —

“

(d)	a director of RWWA or a member of staff of RWWA.

”.

Division 2 — Transitional provisions

193. Appeals

If, immediately before the coming into operation of this section,

the Tribunal had the jurisdiction to hear and determine an

appeal, or an application for leave to appeal and subsequent

appeal, any appeal, or application for leave to appeal and

subsequent appeal, that could have been made under that

jurisdiction in relation to a determination made before the

Racing and Gambling Legislation Amendment and Repeal Act 2003

Racing Penalties (Appeals) Act 1990 amended and transitional

Part 11

Transitional provisions

Division 2

s. 194

coming into operation of this section, may be made to or

continued by, and determined by, the Tribunal.

194. Funds of Tribunal

Despite the amendments to section 24 of the Racing Penalties

(Appeals) Act 1990 effected by section 189 of this Act —

(a)	Appeal Tribunal of Western Australia under

the amount of funds available to the Racing Penalties (Appeals) Act 1990 for any financial year commencing before the coming into operation of section 189 of this Act is to be the amount approved by the Minister for that financial year under that section before the coming into operation of section 189 of this Act;

(b)	to the extent that that amount has not been paid to the Tribunal by the Totalisator Agency Board before the coming into operation of section 189 of this Act, the amount is to be paid by RWWA.

Racing and Gambling Legislation Amendment and Repeal Act 2003

Part 12	Western Australian Greyhound Racing Authority Act 1981
Division 1	Amendments
s. 195

Part 12 — Western Australian Greyhound Racing

Authority Act 1981 amended, transitional provision,

and consequential amendments

Division 1 — Amendments

195. The Act amended

The amendments in this Part are to the Western Australian

Greyhound Racing Authority Act 1981*.

[* Reprinted as at 1 January 1999.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 410.]

196. Long title amended

The long title is amended by deleting “Authority” and inserting

instead —

“ Association ”.

197. Section 1 amended

Section 1 is amended by deleting “Authority” and inserting

instead —

“ Association ”.

198. Section 3 repealed

Section 3 is repealed.

199. Section 4 amended

Section 4 is amended as follows:

(a)	by deleting the definitions of “Authority” and “warn off ”;

Racing and Gambling Legislation Amendment and Repeal Act 2003

Western Australian Greyhound Racing Authority Act 1981

Part 12

Amendments

Division 1

s. 199

(b)	in the definition of “greyhound racing club” by deleting “but does not include the Authority” and inserting instead —

“ and includes the Association ”;

(c)	in the definition of “greyhound trial track” by deleting “a race course at which greyhound racing is conducted by the Authority or”;
(d)	by deleting the definition of “licensed” and inserting instead —

“

“licensed”, in relation to a race course, means licensed by RWWA under the RWWA Act;

”;

(e)	by deleting the definitions of “registered” and “rules of racing” and inserting instead —

“

“registered” means registered by RWWA under the

RWWA Act;

“rules of racing” means rules made by RWWA under

section 45 of the RWWA Act;

”;

(f)	in the definition of “trainer” by deleting the semicolon and inserting a full stop instead;
(g)	by inserting in the appropriate alphabetical positions the following definitions —

“

“Association” means the Western Australian

Greyhound Racing Association established by this

Act;

“RWWA” means Racing and Wagering Western

Australia established under the RWWA Act;

“RWWA Act” means the Racing and Wagering

Western Australia Act 2003;

”.

Racing and Gambling Legislation Amendment and Repeal Act 2003

Part 12	Western Australian Greyhound Racing Authority Act 1981
Division 1	Amendments
s. 200

200. Headings to Parts II and III amended

The headings to Parts II and III are amended by deleting

“Authority” and inserting instead —

“ Association ”.

201. Section 5 amended

(1)	Section 5(1) is amended by deleting “ the “Western Australian Greyhound Racing Authority”” and inserting instead — “

the “Western Australian Greyhound Racing

Association”

”.

(2)	After section 5(5) the following subsection is inserted —

“

(6)	The Association is a racing club eligible for registration under the RWWA Act and, if so registered, the board is taken to be the committee of the racing club.

”.

202. Section 7 amended

Section 7 is amended as follows:

(a)	in paragraph (a) by deleting “control, supervise, promote and regulate” and inserting instead —

“ promote ”;

(b)	by deleting paragraphs (ba) and (bb).

203. Section 7A amended

Section 7A(2) is repealed.

204. Section 7B repealed

Section 7B is repealed.

Racing and Gambling Legislation Amendment and Repeal Act 2003

Western Australian Greyhound Racing Authority Act 1981

Part 12

Amendments

Division 1

s. 205

205. Section 8 amended

Section 8(1) is amended by deleting “delegation and its powers in relation to the making of rules of racing) to a member of the board, a steward or other” and inserting instead —

“ delegation) to a member of the board, an ”.

206. Section 12 amended

Section 12 is amended by deleting “Governor on the nomination

of the”.

207. Section 13 amended

(1)	Section 13(1) is amended as follows:

(a)	by deleting “Governor” and inserting instead —

“ Minister ”;

(b)	by deleting “Betting Control Board” and inserting instead —

“ Gaming and Wagering Commission ”.

(2)

Section 13(2) is amended by deleting “Governor” and inserting

instead —

“ Minister ”.

208. Section 15 amended

(1)	Section 15(1) is amended by deleting “stewards and other”.
(2)	Section 15(3) is amended by deleting “after consultation with the Public Service Board”.
(3)	Section 15(4) is amended by deleting “a steward or other officer” and inserting instead —
“ an officer ”.

Racing and Gambling Legislation Amendment and Repeal Act 2003

Part 12	Western Australian Greyhound Racing Authority Act 1981
Division 1	Amendments
s. 209

209. Section 16 amended

Section 16(2) is amended as follows:

(a)	by deleting paragraph (a);
(b)	in paragraph (b) by deleting “all other” and inserting instead —

“ all ”.

210. Section 17 repealed

Section 17 is repealed.

211. Section 21 replaced

Section 21 is repealed and the following section is inserted

instead —

“

21. Preventing performance of powers and functions

A person shall not obstruct, threaten or insult the

Association, the board, a member of the board or an

officer, employee or agent of the Association.

Penalty: $5 000.

”.

212. Section 22 amended

Section 22(2) is repealed and the following subsection is

inserted instead —

“

(2)	Without limiting subsection (1) a statement is made in relation to greyhound racing if it is made to the Association, the board, a member of the board or an officer, employee or agent of the Association while that body or person is exercising powers or functions conferred by or under this Act.

”.

Racing and Gambling Legislation Amendment and Repeal Act 2003

Western Australian Greyhound Racing Authority Act 1981

Part 12

Amendments

Division 1

s. 213

213. Section 23 repealed

Section 23 is repealed.

214. Part VI repealed

Part VI is repealed.

215. Section 35 amended

Section 35(b) is amended by deleting “a steward or other

officer” and inserting instead —

“ an officer ”.

216. Section 36 amended

Section 36 is amended as follows:

(a)	by deleting paragraph (a);
(b)	by deleting “the board,”;
(c)	by deleting “or any stewards”.

217. Schedule 1 amended

(1)

Schedule 1 clause 1(3) is amended by deleting “Governor” and

inserting instead —

“ Minister ”.

(2)

Schedule 1 clause 4 is amended by deleting “on the

recommendation of the Public Service Board”.

218. References to “Authority” amended

In each place listed in the Table to this section “Authority” is

deleted and the following is inserted instead —

“ Association ”.

Racing and Gambling Legislation Amendment and Repeal Act 2003

Part 12	Western Australian Greyhound Racing Authority Act 1981
Division 2	Transitional provision
s. 219

Table

s. 4 (definitions of “Chairman”,	s.15(1)
“Chief Executive Officer”,
“Deputy Chairman”, “Fund”,
“member” (twice))
s. 5(2)	s.15(3)
s. 5(3)	s.15(4)
s. 5(4)	s. 16(1) (twice)
s. 5(5)	s. 16(2)(b) (twice) and (c)
s. 6	s. 16(3)
s. 7 (twice)	s. 16(4) (3 times)
s. 7A(1)	s. 18
s. 8(1) (twice)	s. 19(1)
s. 8(2) (twice)	s. 19(2)
s. 8(3) (twice)	s. 32
s. 9 (twice)	s. 33 (twice)
s. 10	s. 34(1) (twice)
s. 13(1) (twice)	s. 34(2) (3 times)
s. 13(2)	s. 35(b)
s. 40(1)
s. 40(2)

Division 2 — Transitional provision

219. Renamed body is same body

(1)

The body renamed as the Western Australian Greyhound

Racing Association by section 201(1) is the same body as the

Western Australian Greyhound Racing Authority previously

established under section 5 of the Western Australian

Greyhound Racing Authority Act 1981.

(2)

Where in a written law or in any document of any kind, there is

a reference to the Western Australian Greyhound Racing

Authority, that reference is, unless because of the context it

would be inappropriate to do so, to be read and construed as if it

Racing and Gambling Legislation Amendment and Repeal Act 2003

Western Australian Greyhound Racing Authority Act 1981

Part 12

Consequential amendments

Division 3

s. 220

had been amended to be a reference to the Western Australian

Greyhound Association.

Division 3 — Consequential amendments

220. Dog Act 1976 amended

(1)

The amendments in this section are to the Dog Act 1976*.

[* Reprinted as at 9 November 2001.]

(2)

Section 30(3)(a) is deleted and the following paragraph is

inserted instead —

“

(a)	or trial held under a licence issued under the

a greyhound participating in a greyhound race Act 2003;

”.

(3)	Section 33(2)(b) and “and” following are deleted and the following paragraph is inserted instead —

“

(b)	a greyhound is exempt from section 31(1) while it is participating in a greyhound race or trial held under a licence issued under the Racing and Wagering Western Australia Act 2003; and

”.

221. Consequential amendments to other Acts

(1)	Schedule V Part 3 to the Constitution Acts Amendment Act 1899* is amended in the item relating to the Western Australian Greyhound Racing Authority as follows:

(a)	by deleting “Authority” and inserting instead —

“ Association ”;

(b)	by deleting “Authority” and inserting instead —

“ Association ”.

Racing and Gambling Legislation Amendment and Repeal Act 2003

Part 12	Western Australian Greyhound Racing Authority Act 1981
Division 3	Consequential amendments
s. 221

[* Reprinted as at 8 June 2001.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 72 and Acts Nos. 24 and 25 of 2001, and 5, 20 and 30 of 2002.]

(2)	Schedule 1 to the Financial Administration and Audit Act 1985* is amended by deleting “Western Australian Greyhound Racing Authority” and inserting instead —
“ Western Australian Greyhound Racing Association ”.
[* Reprinted as at 16 September 2002.

For subsequent amendments see Acts Nos. 30 and 38 of

2002.]

(3)	Schedule 1 item 20 to the Public Sector Management Act 1994* is amended as follows:

(a)	by deleting “Authority” and inserting instead —

“ Association ”;

(b)	by deleting “Authority” and inserting instead —

“ Association ”.

[* Reprinted as at 9 February 2001.

For subsequent amendments see Acts Nos. 24 of 2001 and 20

of 2002.]

(4)	Schedule 1 to the Sentencing Act 1995* is amended in the item relating to the Western Australian Greyhound Racing Authority Fund as follows:

(a)	by deleting “Authority” and inserting instead —

“ Association ”;

(b)	by deleting “Authority” and inserting instead —

“ Association ”.

[* Reprinted as at 4 May 2001.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 339 and Acts Nos. 24 of 2001

and 7 of 2002.]

Racing and Gambling Legislation Amendment and Repeal Act 2003

Western Australian Trotting Association Act 1946 amended

Part 13

Amendments

Division 1

s. 222

Part 13 — Western Australian Trotting Association

Act 1946 amended and transitional and savings

provisions

Division 1 — Amendments

222. The Act amended

The amendments in this Division are to the Western Australian

Trotting Association Act 1946*.

[* Reprinted as at 2 May 1977.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 415.]

223. Long title amended

The long title is amended by deleting “; to provide for the

establishment of a Country Clubs’ Benefit Fund”.

224. Section 2 amended

Section 2 is amended as follows:

(a)	by deleting the semicolon after the definition of “Committee” and inserting a full stop;
(b)	by deleting the definitions of “Country Club”, “District Council”, “metropolitan area” and “Minister”.

225. Section 6 repealed

Section 6 is repealed.

Racing and Gambling Legislation Amendment and Repeal Act 2003

Part 13	Western Australian Trotting Association Act 1946 amended
Division 1	Amendments
s. 226

226. Section 7 replaced

Section 7 is repealed and the following section is inserted

instead —

“

7. By-laws

(1)

The Committee may make by-laws prescribing all

matters that are necessary or convenient to be

prescribed for giving effect to the purposes of this Act.

(2)

Without limiting subsection (1), by-laws may —

(a)	prescribe the objects, purposes and powers of the Association;
(b)	regulate the application of the income and property of the Association and the manner in which funds of the Association are to be controlled;
(c)	regulate the management of the Association;
(d)	provide for the election of members of the Committee and the constitution, procedure, functions and powers of the Committee;
(e)	regulate the election or qualifications for admission of members of the Association;
(f)	regulate the suspension or expulsion of members of the Association;
(g)	regulate appeals from decisions of the Committee;
(h)	provide for the entrance fees, subscriptions and other amounts (if any) to be paid by members of the Association;

(i) provide for the keeping of a register of members;

(j)	regulate the procedure at and in relation to general or special meetings of members;

Racing and Gambling Legislation Amendment and Repeal Act 2003

Western Australian Trotting Association Act 1946 amended

Part 13

Amendments

Division 1

s. 227

(k)	provide for the custody and use of the common seal of the Association;
(l)	provide for matters concerned or connected with the property of, or held in trust for, the Association, including admission fees and other

charges;

(m)	provide for the general management of the property of, or held in trust for, the Association, races and race meetings.

(3)	By-laws shall be —

(a)	made by resolution passed by an absolute majority of members of the Committee; and
(b)	published in any manner that the Committee considers appropriate.

(4)	By-laws are not —

(a)	written laws or subsidiary legislation as defined in the Interpretation Act 1984;
(b)	regulations as defined in the Interpretation Act 1984 section 42.

(5)

Section 43 (other than subsections (6) and (8)(a)(ii)), 44, 45 and 47 of the Interpretation Act 1984 apply to by-laws as if they were subsidiary legislation as

defined in that Act.

(6)

To the extent that by-laws are inconsistent with any

written law or with rules of racing made under the

Racing and Wagering Western Australia Act 2003, the

by-laws are of no effect.

”.

227. Section 8 repealed

Section 8 is repealed.

Racing and Gambling Legislation Amendment and Repeal Act 2003

Part 13	Western Australian Trotting Association Act 1946 amended
Division 2	Transitional and savings provisions
s. 228

228. Section 9 amended

Section 9(3) is amended by deleting “or of the by-laws made

thereunder” in both places where it occurs.

229. Section 12 repealed

Section 12 is repealed.

230. Section 14 amended

Section 14 is amended by the deleting “the fifteenth day of ”

and inserting instead —

“ 30 ”.

231. Sections 15 and 16 repealed

Sections 15 and 16 are repealed.

232. First Schedule repealed

The First Schedule is repealed.

233. Second Schedule repealed

The Second Schedule is repealed.

Division 2 — Transitional and savings provisions

234. Interpretation

In this Division —

“WATA” means the Western Australian Trotting Association

constituted under the WATA Act;

“WATA Act” means the Western Australian Trotting

Association Act 1946.

235. Country Clubs’ Benefit Fund

(1)	Any funds which immediately before commencement day are held in the Country Clubs’ Benefit Fund under section 15 of the

Racing and Gambling Legislation Amendment and Repeal Act 2003

Western Australian Trotting Association Act 1946 amended

Part 13

Transitional and savings provisions

Division 2

s. 236

WATA Act are on commencement day to be transferred to an account maintained under section 88 of the RWWA Act and nominated by RWWA.

(2)	Funds transferred under subsection (1) may be expended by RWWA for any purpose the board of RWWA thinks fit.

236. By-laws — continuation and expiry

(1)	Despite section 232, and subject to subsections (2) and (3), any rules of racing and rules of wagering made by RWWA under the RWWA Act, by-laws made under the WATA Act that were in force immediately before commencement day continue in force with such changes as are necessary on and after commencement day as if they were made under section 7 of that Act as amended by this Act.
(2)	Subsection (1) does not continue the operation of any by-law that could not be made under section 7 of the WATA Act as amended by this Act.
(3)	The by-laws continued in force under subsection (1), expire 12 months after the coming into operation of this section, or on a day fixed by order of the Minister published in the Gazette, whichever is the earlier day.
(4)	Nothing in this section affects the operation of section 37 of the RWWA Act.

Racing and Gambling Legislation Amendment and Repeal Act 2003

Part 14	The Western Australian Turf Club Act 1892 amended and
Division 1	Amendments
s. 237

Part 14 — The Western Australian Turf Club Act 1892

amended and transitional provision

Division 1 — Amendments

237. The Act amended

The amendments in this Part are to The Western Australian Turf

Club Act 1892*.

[* Reprinted as at 18 August 1986.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 416.]

238. Section 13 replaced

Section 13 is repealed and the following section is inserted

instead —

“

13. By-laws

(1)

The committee may make by-laws prescribing all

matters that are necessary or convenient to be

prescribed for giving effect to the purposes of this Act.

(2)

Without limiting subsection (1) by-laws may —

(a)	prescribe the objects, purposes and powers of the club;
(b)	regulate the application of the income and property of the club and the manner in which funds are to be controlled;
(c)	regulate the management of the club;
(d)	provide for the election of members of the committee and the constitution, procedure, functions and powers of the Committee;
(e)	regulate the election or qualifications for admission of members of the club;

Racing and Gambling Legislation Amendment and Repeal Act 2003

The Western Australian Turf Club Act 1892 amended and

Part 14

Amendments

Division 1

s. 238

(f)	regulate the suspension or expulsion of members of the club;
(g)	regulate appeals from decisions of the Committee;
(h)	provide for the entrance fees, subscriptions and other amounts (if any) to be paid by members of the club;

(i) provide for the keeping of a register of members;

(j)	regulate the procedure at and in relation to general or special meetings of members;
(k)	provide for matters concerned or connected with the property of, or held in trust for, the club;
(l)	prescribe tolls and charges for the purposes of section 24; and

(m)	provide for the general management of the land vested in the chairman and buildings on that land, races and race meetings.

(3)	By-laws shall be —

(a)	made by resolution passed by an absolute majority of members of the committee; and
(b)	published in any manner that the committee considers appropriate.

(4)	By-laws are not —

(a)	written laws or subsidiary legislation as defined in the Interpretation Act 1984; or
(b)	regulations as defined in the Interpretation Act 1984 section 42.

(5)	Section 43 (other than subsections (6) and (8)(a)(ii)), 44, 45 and 47 of the Interpretation Act 1984 apply to

Racing and Gambling Legislation Amendment and Repeal Act 2003

Part 14	The Western Australian Turf Club Act 1892 amended and
Division 2	Transitional provision
s. 239
by-laws as if they were subsidiary legislation as defined in that Act.

(6)	To the extent that a by-law is in conflict or inconsistent with any written law or with rules of racing made under the Racing and Wagering Western Australia Act 2003, the by-law is of no effect.

”.

239. Sections 14 to 20 repealed

Sections 14, 15, 16, 17, 18, 19 and 20 are repealed.

240. Section 22 amended

Section 22 is amended by deleting “or of the by-laws made

under this Act”.

241. Section 23 amended

Section 23 is amended by deleting “or of the by-laws made

under this Act”.

Division 2 — Transitional provision

242. By-laws — continuation and expiry

(1)

Subject to subsections (2) and (3) and any rules of racing and

rules of wagering made by RWWA under the RWWA Act,

by-laws made under The Western Australian Turf Club Act 1892

that were in force immediately before commencement day

continue in force with such changes as are necessary on and

after commencement day as if they were made under section 13

of that Act as amended by this Act.

(2)

Subsection (1) does not continue the operation of any by-law

that could not be made under section 13 of The Western

Australian Turf Club Act 1892 as amended by this Act.

(3)

The by-laws continued in force under subsection (1), expire

12 months after the coming into operation of this section, or on

Racing and Gambling Legislation Amendment and Repeal Act 2003

The Western Australian Turf Club Act 1892 amended and

transitional provision

Transitional provision

Division 2

s. 242

a day fixed by order of the Minister published in the Gazette,

whichever is the earlier day.

(4)	Nothing in this section affects the operation of section 36 of the RWWA Act.

Racing and Gambling Legislation Amendment and Repeal Act 2003

Part 15

Workers’ Compensation and Rehabilitation Act 1981 amended

243

Part 15 — Workers’ Compensation and Rehabilitation

Act 1981 amended

243. The Act amended

The amendments in this Part are to the Workers’ Compensation

and Rehabilitation Act 1981*.

[* Reprinted as at 14 September 2001.]

244. Section 11A amended

Section 11A(1) is amended as follows:

(a)	by deleting “licensed as a jockey with The Western Australian Turf Club” and inserting instead —
“

licensed as a jockey under the Racing and Wagering

Western Australia Act 2003

”;

(b)	in paragraph (a) by deleting “with The Western Australian Turf Club” and inserting instead — “

under the Racing and Wagering Western

Australia Act 2003

”;

(c)	licensed as a trainer under the Racing and Wagering Western Australia Act 2003

in paragraph (b) by deleting “licensed by The Western “

”;

(d)	by deleting “and The Western Australian Turf Club” and inserting instead —

“ and Racing and Wagering Western Australia ”.