Racing and Wagering Western Australia Amendment Regulations 2004 (WA)
PRINT POST APPROVED PP665002/00041
WESTERN 355 AUSTRALIAN
GOVERNMENT
PERTH, FRIDAY, 30 JANUARY 2004 No. 17 SPECIAL PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.00 PM
© STATE OF WESTERN AUSTRALIA
RACING AND WAGERING WESTERN AUSTRALIA ACT 2003
_________
RACING AND WAGERING
WESTERN AUSTRALIA
AMENDMENT REGULATIONS
30 January 2004 GOVERNMENT GAZETTE, WA 357
Racing and Wagering Western Australia Act 2003
Racing and Wagering Western Australia
Amendment Regulations 2004
Made by the Governor in Executive Council.
1. Citation
These regulations may be cited as the Racing and Wagering
Western Australia Amendment Regulations 2004.2. Commencement
These regulations come into operation on 30 January 2004.3. The regulations amended
The amendments in these regulations are to the Racing and
Wagering Western Australia Regulations 2003*.[* Published in Gazette 29 July 2003, p. 3273-91.]
4. Regulation 3 amended
(1) Regulation 3 is amended as follows:
(a)
by inserting before “In these” the subregulation designation “(1)”;
(b)
by inserting in the appropriate alphabetical positions the following definitions —
“
“cash” means bank notes or coins;
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“depositor” means a person who establishes a
wagering account with RWWA for the purpose of
wagering with or through RWWA;
“investor” means a person who makes or offers to
make or attempts to make a wager with or through
RWWA and includes a depositor;
“participant”, in relation to a sporting event, means an individual or a team contesting the outcome of that sporting event, but does not include a horse or a
greyhound;
“prescribed commission”, in relation to a wager —
(a) received in the first instance by RWWA, as the commission for a wager of that kind; or
means the amount prescribed under
(b)
received in the first instance by a racing club for inclusion in a totalisator pool, means the amount prescribed under section 17F of the Betting Control Act 1954 as the commission for a wager of that kind;
“runner”, in relation to race, means a horse or
greyhound participating in that race;
“scheduled starting time” of a race or sporting event means the starting time of the race or sporting event that has been determined by the relevant racing club or body conducting the sporting event
and notified to RWWA;
“sporting event” means an event set out in
paragraph (a) or (b) of the definition of “sporting
event” in section 3 of the Act, or prescribed in
these regulations or the rules of wagering for the
purposes of paragraph (c) of that definition;
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“ticket” means a ticket issued to an investor and on
which is recorded details of the wager or wagers
made by that investor;
“unit” means a unit of an investment;
“wagering account” means a wagering account
established by a depositor under section 64 of the
Act.
”;
(c)
by deleting the full stop after the definition of “RWWA key employee” and inserting a semicolon instead.
(2) At the end of regulation 3 the following subregulations are
inserted —“
(2) For the purposes of these regulations a winning ticket
means a ticket a dividend is payable or on which is
recorded a winning wager, or one or more winning
wagers.(3) For the purpose of calculating the number of winning
tickets in relation to any kind of wager —
(a)
where a ticket for a winning wager of that kind records multiple units, it is to be counted as though it were a like multiple number of tickets for that kind of wager, each wager being for a unit of 50 cents; and
(b)
where a ticket records more than one winning wager of the same kind, the method of counting the units recorded referred to in paragraph (a) is to be used in respect of each of those wagers.
(4)
For the purposes of these regulations, the provisions of Part 4 are to be taken to be subject to section 59 of the Act.
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(5) A reference in these regulations to the rules of racing
or the rules of wagering includes a reference to the
rules in force under section 11 of the Racing and
Gambling Legislation Amendment and Repeal
Act 2003.(6) For removal of doubt, a reference in these regulations
to a wager includes a reference to a bet.”.
5. Heading to Part 4 replaced
The heading to Part 4 is deleted and the following heading is inserted instead —
“
Part 4 — Offences
”.
6. Heading to Part 5 inserted
After regulation 24 the following Part heading is inserted —“ Part 5 — Fees and taxes
”.
7. Regulation 26 inserted
After regulation 25 the following regulation is inserted —“ 26. RWWA wagering tax
RWWA is to lodge with the Commissioner of State Revenue by the last business day for the Treasury in each month a return of all moneys paid to RWWA
during the month immediately preceding that month in respect of wagers made through or with RWWA under the provisions of the Act, and such return is to be
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accompanied by the amount of the RWWA wagering
tax payable in respect of those moneys so paid.
”.
8. Parts 6 to 12 inserted
Before Schedule 1 the following Parts are inserted —“ Part 6 — General conditions relating to wagers
made at or through totalisator agencies
27. Persons excluded from totalisator agencies
(1) The following classes of persons are excluded from
entering or remaining in a totalisator agency —
(a) persons under disqualification imposed
under —(i) the rules of racing; or
(ii) the rules of thoroughbred racing, the rules of harness racing or the rules of greyhound racing made by the
thoroughbred racing, harness racing or greyhound racing authority in any State or Territory;
(b)
persons in respect of whom an order has been made under section 25 of the Betting Control Act 1954;
(c)
persons apparently under the influence of intoxicating liquor; and
(d)
persons who behave in an undesirable, offensive or disorderly manner.
(2) A person who is smoking a tobacco product is
excluded from entering a totalisator agency that is
owned or held on lease or licence by RWWA and a
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person who smokes a tobacco product while in such an
agency is excluded from remaining in the agency.
(3) A person who is in a totalisator agency in
contravention of subregulation (1) or (2) may be
removed by a member, officer, employee or agent of
RWWA or by a member of the police force of the
State.28. Person making wager bound by these regulations, the rules of wagering and instructions
(1) A person making a wager with or through RWWA at a totalisator agency or attempting to make such a wager is taken to accept and be bound by the relevant provisions of these regulations and the rules of
wagering.(2) RWWA is to ensure that copies of these regulations
and the rules of wagering are, so far as is practicable,
made available at its head office for perusal on
demand.(3) A person giving particulars or instructions to RWWA
in relation to a wager is bound by the information
supplied by that person.29. Wagers accepted subject to the rules and these regulations
(1)
Subject to these regulations and the rules of wagering, a wager made with or through RWWA at a totalisator agency is taken to be accepted subject to —
(a)
in relation to a race that takes place in this State, the rules of racing, and in particular to the provisions of those rules in respect of the entry, acceptance, withdrawal, or disqualification of horses or greyhounds, the
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running of races, and the powers of the
stewards; and
(b) in relation to a race that takes place in another State or a Territory, the rules of thoroughbred racing or the rules of harness racing or the rules of greyhound racing (as the case may be) administered by the thoroughbred racing, harness racing or greyhound authority in the
State or Territory where the race takes place, and in particular to the provisions of those rules in respect of the entry, acceptance, withdrawal, or disqualification of horses or greyhounds, the running of races, and the powers of the stewards;
(c) in relation to a sporting event, the rules of the sporting authority recognised by RWWA as responsible for the conduct of that sporting event; (d) where the wager is placed by RWWA in a totalisator pool — the provisions of these regulations governing the operation of that totalisator pool by RWWA; and
(e) where the wagers are to be included in a combined totalisator pool scheme — the regulations or rules governing the operation of that totalisator pool.
(2) Any question as to whether a body is an authority
recognised by RWWA for the purposes of these
regulations is to be determined by RWWA.30. All wagers to be 50 cents or multiples of 50 cents
(1) The minimum wager that may be made with or through
RWWA is to be a unit of 50 cents and larger wagers
are to be made in multiples of 50 cents.
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(2) Dividends are to be calculated and payable in multiples
of 5 cents, rounded down if the dividend declared by
reference to one unit of wagering would not be
divisible by 5 cents.31. Dividend as declared
(1) The dividend for a unit of 50 cents is to be as
declared —
(a)
where the wager is placed by RWWA in a totalisator pool conducted by RWWA — by RWWA, on the race or races or the sporting event on which the wager was made; or
(b)
where the wager is to be included in a combined totalisator pool scheme — by the organisation controlling, and in accordance with the regulations or rules governing the operation of, that totalisator pool.
(2) Subject to these regulations and the rules of wagering,
where a totalisator pool is conducted by RWWA,
RWWA is to —
(a)
deduct the prescribed commission from the gross takings of the totalisator pool;
(b)
add any jackpot under these regulations or the rules of wagering, or any supplementary amount set aside for that purpose under section 103 of the Act; and
(c)
calculate, declare and pay the dividend in respect of each unit to the holder of each winning ticket.
(3)
Except where a race or sporting event results in a dead heat, tie or draw, and a dead heat, draw or tie is not an outcome that can be nominated in the wager, the
minimum dividend in respect of a wager for a unit of
50 cents —
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(a) is not to be less than 50 cents; and (b) despite the dividend calculated being less than 55 cents, may be declared and paid by RWWA at 55 cents.
32. Wagers may be refused
(1) The person in charge at any totalisator agency, unless otherwise directed by RWWA, is authorised on behalf of RWWA to refuse to accept, at any time and without giving any reason, all or any part of the amount of any wager offered to be made with or through RWWA. (2) Any wager offered to be made with or through RWWA by or on behalf of a person apparently under the age of 18 years must not be accepted. 33. Only authorised wagers to be accepted
Wagers with or through RWWA are to be accepted by or on behalf of RWWA at a totalisator agency —
(a) subject to these regulations and the rules of wagering; and (b) only in respect of such race meetings or races, or such sporting events, as RWWA authorises in relation to that agency.
34. Hours for opening
(1) Subject to subregulation (2), wagers made by the
deposit of the amount of the wager in cash are to be
accepted by or on behalf of RWWA only during the
hours the totalisator agency is open for the acceptance
of those wagers.(2) RWWA, or the person in charge of the totalisator
agency subject to the approval of RWWA, may at any
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time close the agency and decline to accepts wagers or
wagers of a particular kind.35. Wagers may be made by various methods
(1)
Subject to these regulations and the rules of wagering, wagers will be accepted by RWWA, whether by or as agent or otherwise —
(a) on cash payment at a totalisator agency; or (b)
where instructions are given by letter sent through the post or by telephone or other electronic means, if —
(i) the instructions relate to, and the wager agency; or
is made against, a wagering account(ii) where no wagering account has previously been established, the instructions are received at the
totalisator agency at least 2 hours before
the scheduled starting time of the
particular race or sporting event on
which the wager is to be made and are
accompanied by a cash remittance of an
appropriate amount.
(2) In addition to the circumstances set out in
subregulation (1), RWWA or an agent of RWWA may
accept a wager where part or full payment for the
wager is —
(a)
in the form of a wagering voucher for money’s worth issued by RWWA;
(b) by means of a winning ticket; or (c) subject to subregulation (3), by cheque.
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(3) For the purposes of subregulation (2)(c), a cheque may
be accepted as part or full payment for a wager if —
(a) the cheque is completed, signed and dated prior to the acceptance of the wager; (b) the cheque has not been altered in a material particular; (c) the cheque is banked no later than 3 days after the wager is received; and (d) the cheque is accepted in accordance with any rules of wagering and directions issued by the Commission under section 109G of the Gaming and Wagering Commission Act 1987.
(4) RWWA may at any time direct that a particular
totalisator agency is not to accept wagers sought to be
made by a particular method, and the totalisator agency
is to comply with that direction.36. Wagers to be properly marked
(1) RWWA is not required to accept any wager unless the
person making the wager with RWWA clearly
indicates —
(a)
all details and other information required by RWWA to identify the type and amount of the wager; and
(b)
in the case of a wager made by post or electronic means, the surname, initials and address of the investor.
(2) RWWA is not to accept instructions for alternative
wagers in the event of the horse or greyhound selected
being scratched or participants in a sporting event not
taking part.
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37. RWWA may decide particulars of wagers
(1) Despite any other provisions of these regulations, a
person making a wager on a race or sporting event may
request RWWA to decide for the person, by means of
computer random generation, such particulars of the
wager as are specified by the person.(2) Where such a request is in respect of a race or sporting event, and such particulars of a wager as to such a race or sporting event, as to which RWWA has publicly made known it will receive such requests, RWWA is to
decide the particulars by means of computer random
generation.(3) The provisions of these regulations apply, subject to
necessary modifications, to and in relation to a wager
made under subregulations (1) and (2) in the same way
as they would apply if all particulars of the wager had
been decided by the person making the wager.38. Tickets to be properly marked
Every ticket issued by RWWA is to be printed, written, stamped, punched or marked to show the kind of wager and —
(a) in the case of a wager on a race or races, other than a favourite numbers wager — (i) the designation of the race meeting and the date of the race meeting where the race on which the wager to which the ticket relates is to be run;
(ii) the number of the race or races in respect of which the ticket is issued; and
(iii) except where the ticket relates to a that has been allocated by RWWA to
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the horse or greyhound or horses or greyhounds on which the wager in respect of which the ticket is issued is
made;
or
(b) in the case of a wager on a sporting event, the description and date of the event and the participants in respect of which the wager is made,
together with sufficient details to identify the wager accepted and the amount of the wager expressed in units of 50 cents.
39. RWWA to exhibit notices
(1) RWWA is to, so far as is practicable, cause notices to
be exhibited at all totalisator agencies showing —
(a)
in the case of a wager on a race or races, the names and numbers of the horses and greyhounds known to have accepted as starters for races for the race meetings for which RWWA will receive wagers, the date and code or designation of each such race meeting, the numbers of races and the code numbers allotted to the horses or greyhounds; and
(b)
in the case of a wager on a sporting event, sufficient details to identify the sporting event, the participants, the distinguishing marks or code numbers or letters allotted to participants, the kind of wagers which RWWA will receive, and such other information as may be necessary,
including any brackets or other distinguishing mark of
any double or other combination of races or kind of
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wager, as may be necessary for the proper
identification of wagers.
(2) Wagers are to be accepted by or on behalf of
RWWA —
(a) in the case of wagering on a race or races, or in respect of a race meeting or race meetings, only in respect to runners accepted as starters and in accordance with any notice which may be exhibited; and
(b)
in the case of a sporting event, only in accordance with any notice which may be exhibited in respect to that sporting event.
(3) No wager on a race or sporting event is to be receivable
by RWWA before the official publication of
acceptances for that race or sporting event.40. Correction of errors and omissions, and the giving of certain refunds
(1) If a ticket has been issued by RWWA and there is
recorded on the ticket in respect of a race meeting or
sporting event either an incorrect date or incorrect
designation of the race meeting or sporting event, or if
either of those particulars is omitted, RWWA may, if
satisfied that the record or omission is an error and that
it is manifest that the ticket was issued and intended to
apply to a particular wager, treat the ticket in the
manner apparently intended by the investor and the
wager is to be taken to have been made accordingly.(2) Subject to this regulation, the person to whom a ticket
is issued by RWWA is taken to accept the ticket issued
to that person and to have agreed that the particulars
shown are correct, unless the person applies
immediately after the issue of the ticket to the person
who issued it to have an error or omission rectified.
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(3) Despite subregulation (2), on days designated as
“major race days” by the Commission, a person who
has made a wager in person at a totalisator agency may
cancel the wager prior to the close of wagering on the
race to which the wager relates, and receive a refund of
the wager if the amount of the wager was less than
$200.(4) If the wager in respect of which a ticket was issued is
one which cannot be recorded by RWWA on a
totalisator, or is one for which notices exhibited by
RWWA at the totalisator agency at the time the ticket
is issued are not in accordance with these regulations,
the person to whom the ticket belongs is entitled to a
refund of the amount shown on the ticket.(5) Unless subregulation (1) applies, where a ticket is
incomplete as to any of the particulars required to be
shown on the ticket, or if any of those particulars are in
the opinion of RWWA ambiguous, the person to whom
the ticket belongs is entitled only to a refund of the
amount shown on the ticket.(6) When a ticket is presented for the payment of a
dividend or refund or for the purpose of correcting an
alleged error, if the ticket has been altered, mutilated or
defaced RWWA may reject the ticket and the person to
whom the ticket belongs is not entitled to any dividend
or refund in relation to that ticket.41. Time for payment of dividends or refunds for cash wagers
(1)
Dividends or refunds are payable in respect of the running of any race or the holding of any sporting event, subject to subregulation (2), during the notified
hours and days of business for a period of 7 months.
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(2) Refunds in respect of tickets may be paid by or on behalf of RWWA at any time when the totalisator agency is open for the receiving of wagers, except that where dividends in respect of the same ticket may still become payable at a future time refunds due in respect of any race meeting, race or sporting event to which that ticket relates are payable only at the same time as, or after, those dividends would have become payable. 42. Presentation of tickets or claims
(1) Subject to subregulations (2) and (6), a dividend or
refund in respect of a wager, other than a wager against
a wagering account, in cash made with RWWA is to be
paid upon the presentation and surrender of the ticket
issued by RWWA for that wager.(2)
RWWA may, upon the presentation or surrender of a ticket issued for a wager, refuse to pay a dividend or refund in respect of that wager if there are reasonable grounds to suspect that the person presenting the ticket
is not entitled to that dividend or refund. (3) The payment of any dividend or refund by RWWA is
to be made in cash unless RWWA decides to make the
payment by cheque or otherwise by the transfer of
moneys.(4) Subject to subregulation (6), RWWA may pay to a
person any dividend or refund that is payable in respect
of a ticket issued for a wager without the presentation
and surrender to RWWA of the ticket if the person
making the claim for the dividend or refund proves to
the satisfaction of RWWA —
(a) that the ticket has been lost or destroyed; and (b)
that the person is the person entitled to the dividend or refund.
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(5) RWWA may —
(a)
require a person making a claim for a dividend or refund to verify the claim in a manner required by RWWA, and may require verification of the claim by statutory declaration;
(b)
pay the dividend or refund to which a claim made under paragraph (a) relates at such time as RWWA determines; and
(c)
deduct from the amount of any dividend or refund paid under subregulation (4) the amount of the out-of-pocket expenses actually incurred by RWWA, including stamp duty if any, in connection with the establishment and payment of the claim.
(6) RWWA may refuse to pay a dividend or refund in
respect of a wager made with RWWA if the dividend
or refund has already been paid under this regulation.43. When refunds of wagers are payable
(1) Subject to subregulation (2) and the rules of wagering,
where a runner (or one of the runners) on which a
wager other than —
(a) a favourite numbers wager; or (b) a sweepstakes wager,
has been placed with RWWA is scratched before the
start of its race or declared a non-starter, a person who
placed a wager on (or involving) that runner withRWWA is entitled to a refund of that wager.
(2) Where a refund is payable under subregulation (1) due
to a scratching, and the person entitled to the refund
wishes to obtain that refund prior to the running of the
race, that person may, on request, obtain a refund of —
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(a) the wager; or (b)
if the wager is on one of 2 or more wagers recorded on the same ticket, and none of the wagers have been decided — the total value of that ticket,
prior to the running of the race, if the request is made
before the close of wagering for each and every race towhich the ticket relates.
(3) If a race meeting or a race at a race meeting is
postponed from one day to another or is abandoned,
RWWA is to refund all of the amounts of wagers made
in respect of races that were to be but were not held on
that day at that race meeting other than —
(a)
double event wagers in respect to which the first leg of the double event has already been run;
(b) sweepstakes wagers; (c) favourite number wagers; and (d)
quaddie wagers, where a race nominated as part of that quaddie has already been successfully run or remains to be run.
(4)
Subject to these regulations and the rules of wagering, where a sporting event, or any match comprising part of a sporting event, does not occur or is abandoned or does not run its full course or is postponed from one
day to another, all of the amounts of wagers made in
respect of that sporting event or match, as the case may
be, are to be refunded by RWWA.(5) Refunds of wagers accepted may also be made by
RWWA in other circumstances provided for in these
regulations and in circumstances provided for in the
rules of wagering.
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(6)
Refunds of moneys may also be made by RWWA in other circumstances provided for in these regulations and in circumstances provided for in the rules of
wagering.
Part 7 — General conditions related to wagers
received and transmitted by racing club
to RWWA
44. Authorised racing club may transmit wagers
(1) RWWA may authorise a racing club to transmit wagers
received by that racing club to a totalisator pool
conducted by RWWA.(2) RWWA must not accept a wager transmitted by a
racing club to a totalisator pool conducted by RWWA
unless that racing club has been authorised by RWWA
to so transmit wagers and the authorisation has not
been withdrawn by RWWA.(3) RWWA may withdraw an authorisation given under
subregulation (1) at any time.45. Person making wager bound by these regulations and rules of wagering
A person making a wager with or through a racing club that is transmitted to a totalisator pool conducted by RWWA is taken to accept and be bound by the relevant provisions of these regulations and the rules of wagering as if that wager were a wager made with or through RWWA.
46. Only authorised wagering to be accepted
Wagers with or through a racing club for transmission to a totalisator pool conducted by RWWA are to be accepted by that racing club —
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(a) subject to these regulations and the rules of wagering as if the wagers were wagers made with or through RWWA; and (b) only in respect of such race meetings or races, or such sporting events, as RWWA authorises in relation to that racing club. 47. Wagers transmitted by racing club to be registered on RWWA’s totalisator
(1) Whenever wagers received by a racing club are
transmitted to RWWA for registration in respect of any
race on the totalisator operated by RWWA, those
wagers that are so transmitted up to the time when in
respect of that race the totalisator is officially closed
are to be accepted for registration, and registered, on
the totalisator.(2) The wagers registered on the totalisator under
subregulation (1) are to form part of the total amount
invested on the totalisator in respect of the race for
which the wagers were transmitted, and are to be taken
into account in the calculation of the dividends to be
declared payable on the result of that race.48. Apportionment of profit or loss
Where a racing club transmits wagers to a totalisator club in proportion to the contribution of that racing club to the total investments in that totalisator pool.
pool conducted by RWWA, the profit, or loss, from the
operation of that totalisator pool is to be apportioned by49. References to pool conducted by RWWA
For the purposes of this Part, a reference to a totalisator pool conducted by RWWA is to be construed as
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including a reference to a totalisator pool operated
pursuant to a combined totalisator pool schemewhether or not the pool was conducted by RWWA.
Part 8 — Wagering accounts
50. Procedure for establishing wagering account
(1)
An application to establish a wagering account for the purpose of wagering with or through RWWA is to be made in writing in a form acceptable to RWWA.
(2)
A deposit to the account of an amount of not less than $5 may be lodged with RWWA at the time of making the application and if the application is refused wholly or in part RWWA is to refund the deposit, wholly or in part, except in so far as it may relate to an account
which is established. (3) RWWA or, with the approval of RWWA, the person in
charge of a totalisator agency may refuse to accept an
application to establish a wagering account, or having
accepted a deposit may refund it or any part of it,
without giving any reason for doing so.(4) RWWA may require any depositor to submit a new
application in writing amending any or all of the
particulars given or required to be given when
originally establishing the wagering account.(5)
A depositor may cancel his or her original application, and substitute a new application, on satisfying RWWA that for his or her own protection there is reasonable
need to do so. (6) In either of the cases referred to in subregulation (4) or
(5) any amount standing to the credit of the depositor
in the original wagering account is to be transferred to
his or her credit in the new wagering account.
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51. Procedure for keeping, maintaining, increasing or renewing a wagering account
(1) A separate record is to be kept by RWWA of each wagering account and of the amount of the wagers made against it and of all transactions on that account, for a period of not less than 5 weeks. (2) A wagering account may be maintained, increased or renewed by the payment of further moneys or by the credit of winning dividends or other amounts to the account. (3) Where cheques are received as a deposit, no wager
against that deposit is to be accepted by RWWA until
the cheque is paid by the financial institution on which
it is drawn.52. Recording of wagers against a wagering account
(1) At a totalisator agency equipped with automatic data
processing facilities for the recording of wagers, a
wager made with or through RWWA against a
wagering account is to be recorded prior to the closing
time fixed by RWWA for the acceptance of wagers for
the race, sporting event or competition concerned at
that totalisator agency.(2)
Where a wager is made in person at a totalisator agency, at the time a wager is recorded against a wagering account a ticket is to be printed showing
details of the wager to be charged against the wagering
account of the depositor placing the wager.(3) In and by the printing of the ticket referred to in
subregulation (2) the person in charge at the totalisator
agency where the wager is received warrants that the
wagering account against which the wager is to be
charged has a credit balance sufficient to pay the
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amount of the wager and that the amount of the wager
is held on behalf of RWWA.53. Crediting of dividends against a wagering account
All dividends due and payable to the depositor are taken to be credited to the depositor’s wagering account with RWWA immediately such dividends are known to RWWA.
54. Wagering accounts to be disposed of in accordance with the instructions
(1) The amount standing to the credit of the wagering
account of the depositor at any time is to be disposed of
by RWWA in accordance with the instructions of the
depositor.(2) Where no instructions have been received by RWWA
the account may be retained by RWWA pending
receipt by RWWA of instructions, or the whole or part
of the amount may be remitted to the depositor at any
time at the discretion of RWWA or person in charge of
the totalisator agency where the wagering account is
kept.55. General conditions applicable to wagering accounts
(1) Moneys payable in respect of dividends, refunds or of
any balance of a wagering account may at the option of
RWWA be paid to an account nominated by the
depositor by bank transfer or otherwise or may be
remitted to the address of the depositor at the address
given by the depositor to RWWA.(2) Any exchange, poundage or postage payable on any
moneys relating to a wagering account may be charged
to the person entitled to the moneys, and may be
deducted by RWWA from the account.
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(3) In respect of remittances or correspondence passing to
and from RWWA and depositor, the depositor is to
accept all risks, losses, delays, errors or omissions that
may occur in the ordinary course of post and RWWA
is not required to send any remittance or
correspondence by registered post.(4) The transfer or posting of moneys by RWWA to an
account nominated or the address given by the
depositor to RWWA for the purpose is to be at the sole
risk of the depositor.(5) RWWA is not responsible for any loss to a depositor
arising from —
(a)
the unauthorised use of a depositor’s wagering account by any person other than RWWA, its employees or agents; or
(b)
delay or no delivery of any moneys transferred or posted on to the depositor by RWWA.
(6) Where, because of an error, oversight or system
malfunction a debit balance arises as the result of a
wager made by the depositor at a time when there is an
insufficient credit balance in the wagering account to
properly accommodate the wager RWWA may
disallow, either in whole or in part, any credit, either by
way of dividends or refunds, arising from the wager
and may allow the debit to the depositor’s wagering
account on that wager to remain.56. General conditions on statements of account
(1) RWWA is not required to submit a statement of
account when forwarding any remittance.(2) RWWA may, unless instructed to the contrary by the
depositor in the manner required by RWWA, send
statements of the depositor’s wagering account with
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RWWA by unregistered post to the address given by the depositor in his or her application form when applying to open the account or such other address as may be subsequently notified to RWWA by the depositor.
(3) Any statement of account sent to a depositor by unregistered post is taken to be received by the depositor at the time when, by the ordinary course of post, the statement would be delivered. (4) Where RWWA has delivered to a depositor or sent to a depositor by post a statement of the depositor’s account with RWWA, if the depositor claims that there is an alleged inaccurate entry in the statement, the depositor
is to within 7 days after the statement has been
received or is taken to have been received by the
depositor notify that claim in writing to RWWA or the
person in charge of the totalisator agency where the
account is kept in accordance with regulation 58(4).57. General provisions relating to wagers made by post
(1) RWWA may at any time direct that wagers by post, or
such wagers from any particular area, district or
locality, are to be addressed to a particular totalisator
agency.(2) Remittances, other than deposits for the credit of a
wagering account, sent to RWWA are to be by bank
draft, postal note, money order or in cash for the
amount of the wager or wagers required, and no more,
calculated in multiples of units of 50 cents, and in any
other case the person in charge of the totalisator agency
where the remittance is received may —
(a) reject the wager altogether; or
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(b)
accept the wager up to the multiple of 50 cents next below the net amount received, and refund the balance to the investor.
(3) Where a remittance for a wager or deposit is sent to
RWWA and has not been accepted by RWWA, a
refund of the amount may be effected by RWWA by
return to the investor of the remittance instrument.(4) Where any written instructions received by RWWA are
incomplete or ambiguous the officer in charge of the
totalisator agency to which the instructions are
addressed may reject the wager or accept it according
to what the officer believes to be the intention of the
person giving the instructions and that person is bound
by the action of the officer.(5) Where RWWA is not permitted to accept the whole of
any written instructions relating to a wager, RWWA
may accept that part of those instructions which it is
permitted to accept.(6) RWWA is to accept wagers by post up to 2 hours
before the scheduled starting time of the particular race
or of the particular sporting event in respect of which
the wager is made, but instructions relating to wagers
on a race or sporting event received by RWWA after
that time are not to be accepted unless the officer in
charge of the totalisator agency concerned so directs.(7)
RWWA is not bound to acknowledge receipt of any written instructions relating to a wager, or to comply with any such instructions otherwise than in
accordance with these regulations or the rules of
wagering.
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58. Crediting and payment of dividends and refunds on wagering accounts and wagers made by post
(1) Wagers against dividends or refunds payable or to
become payable on previous wagers with RWWA are
not to be accepted by RWWA, unless those dividends
or refunds are credited, or deemed to have been
credited, to a wagering account.(2) In respect of wagers made with RWWA by post,
dividends and refunds are to be posted by RWWA to
the investor on the earliest convenient day next after
the day of the race or sporting event on which the
wagers were made.(3)
Where RWWA is in doubt as to whom or what address any refund or other remittance from RWWA should be sent, RWWA is to retain the amount payable until the
person who claims to be entitled to it applies in writing
or, if required by RWWA, in person to the totalisator
agency where the wager was made and submits proof
to the satisfaction of RWWA of his or her right to the
amount held by RWWA.(4) If a person who has made a wager with RWWA claims
that he or she has not received the full dividend or
refund to which that person alleges he or she is entitled
or alleges that there is an inaccuracy in relation to the
accounting in respect of that person’s wagers with
RWWA, that person must, if he or she requires an
adjustment to be made —
(a)
apply in writing to the totalisator agency where the wager was made on the account kept within 7 days of the day on which the race or sporting event on which the wager was made was held
or the date on which the person received the
statement; and
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(b)
include in the application all relevant information supporting the claim.
(5) RWWA is to notify the claimant of its decision on the
claim and the decision of RWWA is final.59. Wagers by telephone or other electronic means
(1)
Subject to these regulations and the rules of wagering, wagers by telephone or other electronic means may be accepted by RWWA against a wagering account
previously established with RWWA. (2) A depositor making a wager with or through RWWA
by telephone is to use only the telephone numbers
notified to the depositor by RWWA for that purpose.(3)
Wagers may be made by telephone or other electronic means up to the closing time as fixed by RWWA from time to time for the acceptance of wagers for the race
or sporting event concerned. (4) When making a wager by telephone or other electronic
means against a wagering account the depositor is to
provide —
(a)
his or her account number and account name and one or more of his or her codes, if required by RWWA; and
(b)
such information to identify the wager to be made (of the type set out in regulation 36) as is required by RWWA.
(5) RWWA is to read back or otherwise present the wager
as recorded to the depositor and, subject to
subregulation (7), the depositor is taken to have
accepted the wager as recorded unless the depositor
cancels or amends the wager at that time.
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(6) Subject to subregulation (7), once the depositor is taken
to have accepted the wager, no amendment is to be
made to it except with the approval of RWWA for the
purpose of the correction of an error or omission.(7)
A wager made on a race or sporting event with or through RWWA by telephone or other electronic means and against a wagering account in accordance
with subregulation (1) may be amended or cancelled by
the depositor if —
(a) the wager is of $200 or less; and (b) the amendment or cancellation is made starting time of the race or sporting event.
60. Errors in wagers by telephone or other electronic means
(1) Subject to subregulation (2) where an error results in an
incorrect wager being made by telephone or other
electronic means with RWWA, prima facie the wager
is taken to be that which is recorded by RWWA so that
the depositor is to suffer the loss or receive the benefit
as the case may be.(2) Where a person alleges that an error as to a wager
made by the telephone or other electronic means
resulting in loss to a depositor was due to the mistake
or other default of any employee of RWWA, or of any
agent or of any employee of any agent, RWWA is to
inquire into the circumstances.(3) If RWWA is satisfied that the error was due either to
the wilful default or to the negligence of the employee
or agent RWWA is to refund the amount of the wager.(4) If the error arises by reason of incorrect information
obtained from reference material, whether or not
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supplied by RWWA, RWWA may, but is not liable
to, refund the amount of the wager.
(5)
RWWA is not liable to pay, but may pay part or all of, any dividend that would have been payable but for the error.
Part 9 — General provisions on wagering
61. Closing time for acceptance of wagers
(1) The closing time for the acceptance of wagers is the
starting time for the race in respect of which the wagers
are made.(2) For the purposes of wagering on a sporting event,
RWWA is to display on the notices exhibited under
regulation 39 the closing time for the acceptance of
wagers in respect of the event.62. Totalisator pools — generally
(1) RWWA may conduct separate totalisator pools —
(a) for different kinds of wagers; (b) for different races or sporting events; or (c)
for such other purposes as RWWA may determine.
(2) Where details of a wager otherwise properly received
by RWWA to be recorded in a totalisator pool have not
been duly recorded owing to a failure in the means of,
or error in, transmission, or to other circumstances
beyond the control of RWWA, RWWA, if a dividend
would have been payable in respect of that wager had it
been duly recorded, is to pay in respect of the wager
the same dividend as would have been payable had the
wager been duly recorded.
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63. Communication failure where a combined
totalisator pool scheme is conductedWhere a combined totalisator pool scheme is conducted and due to a communication failure normal procedures cannot be followed, RWWA has and may exercise discretion to determine dividend calculations.
Part 10 — Sporting events
64. RWWA may specify aspects of sporting events
(1)
For the purposes of conducting wagering in relation to prescribed sporting events, RWWA may specify in the rules of wagering any or all of the following —
(a) one or more games of a particular prescribed sporting event upon which it will accept wagers (see also regulation 33); (b) one or more games of a particular prescribed sporting event that may be substituted in the case of a cancellation, postponement or other reason that as a result is not obtained from a prescribed sporting event, or may specify that
the wagers will be refunded in those
circumstances (see also regulations 40, 41
and 43);(c) the requirement that the sporting event be conducted within the rules of, and under the authority of, a specified body if wagers are to be taken (see also regulation 29(1)(c)); (d) whether a particular sporting event is to be specify a delegate (steward) as having the responsibility to make official announcements
taken as having a result, despite
disqualifications, scratchings, ongoing protests,
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of results in relation to a particular sporting
event or type of sporting event;
(e) the list that is to be used in determining which teams are to be described as “away teams” and as “home teams” from week to week, in relation to a sporting event (see also
regulation 39(1));(f) a collection of games that is to be regarded as a pool of games in relation to the particular sporting event (see also regulation 39(1)); (g) the hours during which, and the places at which, wagers may be made in relation to specific sporting events (see also regulations 34 and 35);
(h) the closing time for the acceptance of wagers (see also regulations 39, 61(2) and 65(2)); (i) the dividend to be paid for a unit of 50 cents in relation to the sporting event on which the wager was made (see also regulation 31);
(j)
whether the competition that is the subject of the wagering is at State, national or international level;
(k)
whether a particular age group within the sport, or whether the male or female competition within the sport, is to be the subject of wagering.
(2)
In this regulation the description “game” includes the description “match”, “bout”, “round”, “competition”, “ceremony” and other common methods of describing a sporting event.
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65. General conditions relating to the conduct of totalisator pools
(1) Where there is a conflict between this regulation and a
specific provision in this Part or in the rules of
wagering, the specific provision applies.(2) RWWA in accordance with regulation 39, and
otherwise by announcements and advertisements, is to
give notice of —
(a) the teams (and, where RWWA considers it is appropriate, the individuals) participating in, and the venue and date of, the matches comprising a competition;
(b) the scheduled starting time for an event; and (c) the details required by RWWA to be marked, or otherwise given to RWWA, in making a wager.
66. General conditions relating to wagering on games and pools of games
(1) Where a match in a pool is postponed from one day to
another, abandoned or cancelled, that match is to be
omitted from the pool and the results of the pool are to
be based upon the remaining matches.(2) Where all the matches in a pool are abandoned or
cancelled, all wagers on that pool are to be refunded by
RWWA.(3)
If RWWA or, where appropriate, the steward, declares that a single sporting event does not have a result, due to that event being forfeit, cancelled, postponed,
abandoned, or a like event, or due to scratchings or a
lack of officially placed participants, all wagers on that
sporting event are to be refunded by RWWA.
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(4) If one or more of the participants in a sporting event
are scratched, a person who has a wager on a scratched
participant, or a combination wager that includes a
scratched participant, is entitled to a refund
representing the combinations of the wager that include
the scratched participant.(5)
If a single sporting event is forfeit or abandoned or a like event occurs, but despite that event RWWA or, where appropriate, the steward, declares that the
sporting event does have a result, all wagers on that sporting event are to be paid in accordance with that declared result.
Part 11 — Totalisator agencies
67. Notice of intention to establish long term totalisator agency (s. 52(2))
(1)
If RWWA intends to establish a totalisator agency that will operate for a period of more than 30 days, RWWA is to give written notice of that intention to the
Commission not later than 45 days before the intended commencement of operation or such lesser period as the Commission may permit.
(2) The notice is to include the following information —
(a) the location of the proposed totalisator agency; (b) the date on which it is proposed to commence operation; (c) a community and social impact statement totalisator agencies; and
including such information as the Commission
(d) such other information as the Commission may totalisator agencies.
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68. Notice of intention to establish temporary totalisator agency (s. 52(2))
(1)
If RWWA intends to establish a totalisator agency that will operate for a period of less than 30 days, RWWA is to give written notice of that intention to the
Commission not later than 24 hours before the intended
commencement of the operation or such lesser period
as the Commission may allow.(2) The notice is to include the following information —
(a) the location of the proposed totalisator agency; (b) the nature of the event or other circumstances relating to the establishment of the temporary agency; (c) the dates on which it is proposed to commence and finish operation.
69. Information on totalisator agencies
The Commission may require RWWA to provide
further information in relation to the operation of a
proposed totalisator agency or an established totalisator
agency and RWWA is to comply with that
requirement.70. Direction to close or not to establish totalisator agency (s. 52(3))
(1) The Commission is not to direct RWWA under
section 52(3) of the Act not to establish a totalisator
agency proposed to operate for more than 30 days, or
to close a totalisator agency that has or will operate for
more than 30 days, without first giving RWWA notice
in writing of its intention to do so and affording
RWWA reasonable opportunity to show why the
direction should not be given.
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(2) A direction under section 52(3) of the Act is to be
given in writing.Part 12 — Consultation
71. Consultation (s. 82)
The board of RWWA is to establish procedures for consulting with each body set out in column 1 of the Table in relation to the operations of RWWA set out opposite in column 2 of the Table.
Table
Item Column 1 Column 2
Prescribed bodies Prescribed operations
1. The Western Australian Turf Racing and supervision of Club on-course wagering 2. Western Australian Racing and supervision of Provincial Thoroughbred on-course wagering Racing Association Inc 3. Country Racing Association Racing and supervision of
on-course wagering4. Western Australian Racing Racehorse Owners’
Association5. Western Australian Racing Bloodhorse Breeders’
Association6. Western Australian Jockeys’ Thoroughbred racing Association 7. Western Australian Racing Racing Trainers’ Association 8. Western Australian Trotting Racing and supervision of Association on-course wagering 9. Fremantle Trotting Club Racing and supervision of (Inc.) on-course wagering
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10. Western Australian Country Racing and supervision of Trotting Association on-course wagering 11. Western Australian Harness Racing Racing Breeders, Owners, Trainers and Reinspersons’ Association (Inc)
12. Harness Racing Owners’ Racing Association of WA
Incorporated13. Western Australian Racing Standardbred Breeders’
Association Inc.14. Western Australian Racing and supervision of Greyhound Racing on-course wagering Association 15. Western Australian Racing Greyhound Breeders, Owners and Trainers’ Association
16. WA Bookmakers’ Racing and supervision of Association (Inc) on-course wagering 17. WA TAB Agents’ Off-course wagering Association 18. Avon Valley Greyhound Non-metropolitan greyhound Racing Association racing 19. Peel Horse Industry Council Welfare of horses 20. Southern Districts Horse training facilities Thoroughbred Association
Inc21. Western Australian Racing Thoroughbred Racing
Industry Council22. WA Farriers’ Association Welfare of horses 23. WA Horse Council Welfare of horses
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24. Unions WA Racing 25. WA Racing Media Guild Promotion of racing ”.
By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council. !200400017GG!
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