Racing and Wagering Western Australia Amendment Regulations (No. 2) 2004 (WA)
| 1981 | GOVERNMENT GAZETTE, WA | 5 November 2004 |
RACING, GAMING AND LIQUOR
1G301*
Racing and Wagering Western Australia Act 2003
Racing and Gambling Legislation Amendment and Repeal Act 2003
Racing and Wagering Western Australia
Amendment Regulations (No. 2) 2004
Made by the Governor in Executive Council.
1. Citation
These regulations may be cited as the Racing and Wagering
Western Australia Amendment Regulations (No. 2) 2004.2. Commencement
These regulations come into operation on the day on which they are published in the Gazette.
3. The regulations amended
The amendment in these regulations is to the Racing and
Wagering Western Australia Regulations 2003*.
[* Published in Gazette 29 July 2003, P. 32 73-91. For amendments to 6 September 2004 see Gazette
30 January 2004.]
(1) If RWWA is of the opinion that the attendance of a
person at a racecourse may be prejudicial to the proper
conduct or control of racing or any other lawful activity
carried on at a racecourse, RWWA may exercise its
powers under section 44(l)(e) of the Act against the
person by giving a notice (a "warning off notice") to
the person.(2) Before giving a warning off notice to a person, RWWA
must comply with subregulations (3) to (5). 4. Part 13 inserted
After Part 12 the following Part is inserted
Part 13 - Disciplinary action - Racing
72. Warning off
5 November 2004 GOVERNMENT GAZETTE, WA 4985 (3) RWWA must give the person a notice (a "show cause
notice") setting Out -
(a)
that RWWA proposes to exercise its powers under section 44(1)(e) of the Act against the person;
(b)
the grounds upon which RWWA proposes to exercise those powers against the person; and
(c)
that the person may be heard by RWWA as to why RWWA should not exercise those powers against the person, if the person requests a hearing within 14 days of receiving the notice.
(4) If a person given a show cause notice requests a
hearing by RWWA, RWWA must hear that person
within 28 days of receiving the person's request.
(5) RWWA must take into account any matter raised by
the person at the hearing.(6) The person may be represented at the hearing by
another person and that person may be a legal
practitioner.
(7) Nothing in this regulation is to be taken to prevent
RWWA delegating any function under this regulation.
73. Failure to comply with a warning off
A person against whom RWWA has exercised its
powers under section 44(1)(e) of the Act must not
attend or take part in a race meeting, or enter upon or
remain on a racecourse, covered by the notice while the
notice is in force.
Penalty: $1000.
5. Transitional provision
(1) If, immediately before the expiry of the old Rules, an old
warning off notice is in force in respect of a person under the
old Rules then, on the expiry of the old Rules, the old warning
off notice is to be taken to have been made by RWWA in
accordance with regulation 72(1) of the Racing and Wagering
Western Australia Regulations 2003 (as inserted by regulation 4
of these regulations).(2) In this regulation
"old Greyhound Racing Rules" has the meaning given to thatterm in section 4 of the Racing and Gambling Legislation
Amendment and Repeal Act 2003;
"old Rules" means the old Greyhound Racing Rules, the old
Rules of Harness Racing and the old Rules of Racing;
"old Rules of Harness Racing" has the meaning given to that term in section 4 of the Racing and Gambling Legislation Amendment and Repeal Act 2003;
| 4986 | GOVERNMENT GAZETTE, WA | 5 November 2004 |
"old Rules of Racing" has the meaning given to that term in
section 4 of the Racing and Gambling Legislation
Amendment and Repeal Act 2003;
"old warning off notice" means a notice having the same or
similar effect as a notice that could be made by RWWA in by regulation 4 of these regulations);
accordance with regulation 72(1) of the Racing and"RWWA" has the meaning given to that term in section 3(1) of
the Racing and Wagering Western Australia Act 2003.
By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council.
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