Soccer Football Pools Act 1984 (WA)
WESTERN AUSTRALIA.
SOCCER FOOTBALL POOLS
ACT 1984.
(No. 21 of 1984.)
ARRANGEMENT.
Section.
1. Short title.
2. Commencement.
3. Interpretation.
4. Restriction on conduct of soccer football pools.
5. Exculpation of certain persons from certain offences.
6. Licence to conduct soccer football pools.
7. Alteration of conditions of licence.
8. Conditions of licence.
9. Revocation of licence.
10. Approved representatives.
11. Soccer football pool rules.
12. Inspectors.
13. Audit for certain purposes.
14. Application of subscriptions.
15. Prize fund.
16. Payment of duty.
17. Payment to Consolidated Revenue Fund.
18. Service.
19. Recovery of moneys.
20. Offences by employees and bodies corporate.
21. Regulations.
WESTERN AUSTRALIA.
SOCCER FOOTBALL POOLS.
No. 21 of 1984.
AN ACT to provide for the promotion, conduct and operation of soccer football pools.
[Assented to 31 May 1984.]
BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—
1. This Act may be cited as the Soccer Football Short title.
Pools Act 1984.
Commence-
2.
| This Act shall come into operation on a day to be fixed by proclamation. | ment. |
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Interpreta-
| tion. | 3. In this Act, unless the contrary intention |
appears
"approved representative", in relation to a licensee, means a person appointed pursuant to section 10 as the approved representative of that licensee, being a person for the time being approved, or within a class for the time being approved, by the Minister under that section;
"conduct", in relation to a soccer football pool, includes promote, organize and operate;
"corresponding law" means a law of another State or a Territory of the Commonwealth pursuant to which a person is authorized to conduct soccer football pools;
"entry form" means an entry form required to be completed to enable a person to enter a soccer football pool;
"inspector" means a person appointed as an inspector under section 12;
"licence" means a licence in force under this
Act;
"licensee" means the holder of a licence;
"paragraph" means a paragraph in a section or subsection in which the term is used;
"participating State" means a State or Territory of the Commonwealth in which a person is authorized to conduct soccer football pools pursuant to a corresponding law;
"prize fund" means the fund represented by a
bank account referred to in section 15 (1);
"rules", in relation to a soccer football pool, means rules made by a licensee in relation to soccer football pools conducted by him and in force under section 11;
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"section" means a section of this Act;
"soccer football pool" means a game the results of which depend on the outcome of soccer football matches;
"subsection" means a subsection of the section in which the term is used.
4. (1) A person shall not conduct a soccer foot- Restriction
of soccer
| ball pool unless he is a licensee. | football pools. |
Penalty: $2 000.
(2) A licensee shall not conduct a soccer football pool except in accordance with this Act and the conditions of his licence.
| 5. | Except as provided in this Act, a person Exculpation | of certain |
| is not guilty of an offence under any law by reason personsfrom | certain |
| only that— | offences. |
| (a) | he enters a soccer football pool by means of an entry form; |
| (b) | being a licensee, he conducts a soccer foot- ball pool in accordance with this Act and with the conditions of his licence; |
| (c) | he is concerned in the conduct of a soccer football pool conducted by a licensee in accordance with this Act and with the conditions of the licence held by that licensee; |
| (d) | he prints or publishes any thing relating to a soccer football pool conducted by a licensee in accordance with this Act and with the conditions of the licence held by that licensee; |
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| (e) | he is the owner or occupier of any house, office, room or other place used for the purpose of, or in connection with, a soccer football pool conducted by a licensee in accordance with this Act and with the conditions of the licence held by that licensee; or |
| (f) | he prints or publishes the results of, or information as to the prize money payable in respect of, a soccer football pool conducted under a corresponding law. |
Licence to
| conduct | 6. (1) An application for a licence to conduct (2) The Minister may, by instrument in writing, inform a person who makes an application referred to in subsection (1)- |
| soccer | |
| football | soccer football pools may be made to the Minister. |
| Pools. |
| (a) | that he is prepared to grant to that person, either unconditionally or subject to such conditions as are specified in that instru- ment, a licence to conduct soccer football pools for such period (being a period that commences not more than 2 months after the date of the instrument and ends not more than 10 years after the commence- ment of that period) as is specified in that instrument subject to his lodging, within such time as may be specified in that instrument, with the Minister a bond referred to in subsection (3); or |
| (b) | that he is not prepared to grant the application. |
(3) Where the Minister has informed a person that he is prepared to grant an application for a licence as referred to in subsection (2), the Minister shall grant that licence, either unconditionally or subject to the conditions specified in the instrument referred to in that subsection, upon that person lodging with the Minister, within such time as may
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be specified in that instrument or within such further time as the Minister may allow, whether before or after the time so specified, a bond, in a form approved by the Minister and executed by an insurer so approved, binding the insurer
| (a) | to pay to the Minister any amount of duty that the licensee fails, in respect of any soccer football pool conducted by that licensee during any period while his licence is in force, to pay pursuant to section 14 (1) (b) and that has not been recovered under section 19; and |
| (b) | in addition, if the licence so granted is revoked, to pay to the Minister such amount as may be demanded by the Minister not exceeding an amount equal to the amount that became payable (whether or not it was paid) to the Minister pursuant to section 14 (1) (b) during the period of 2 months that last preceded the revocation of the licence, |
but so that the insurer will not be required under the bond to meet a total liability in respect of the matters referred to in paragraphs (a) and (b) that exceeds $200 000.
Subject to this Act, a licence is in force during the period specified in the licence.
(4)
The Minister shall not, while a licence is in force, grant another licence.
(5)
If, by reason of non-payment of any premium, or any other act or omission of a licensee, a bond lodged with the Minister under subsection (3) ceases to be in force during the term of the relevant licence, the licensee shall be guilty of an offence against this Act and liable to a penalty not exceeding $10 000, and a court convicting him of the offence may, in addition to imposing that penalty, order that his licence be revoked.
(6)
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Alteration
| of conditions | 7. (1) The Minister may, while a licence is in force, alter the conditions of the licence by imposing an additional condition or by amending, substituting or revoking any condition but no such alteration shall be made unless |
| of licence. |
| (a) | the licensee has been given a notice in writing setting forth the terms of the proposed alteration and inviting the licensee to make representations to the Minister concerning the proposed alteration within such period as is specified in the notice; and |
| (b) | the Minister has, after the expiration of that period, considered any representations duly made to him by or on behalf of the licensee. |
(2) Any such alteration shall take effect on and from the expiration of 7 days after the day on which a notice signed by the Minister advising the licensee of the alteration has been given to the licensee.
Conditions
| of licence. | 8. The conditions of a licence may include |
conditions relating to
| (a) | the opening by the licensee of an office in the State and the days on which and the times between which that office shall be open for business; |
| (b) | the subsidizing by the licensee of the prize fund, to the extent necessary to enable prizes to be maintained at such level as the Minister specifies in the condition; |
| (c) | the rate of commission to be paid by the licensee to approved representatives; |
| (d) | the rules in accordance with which soccer football pools shall be conducted by the licensee; |
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| (e) | the maximum amount that a person may subscribe in respect of one entry in a soccer football pool conducted by the licensee; |
| (f) | the printing in entry forms for a soccer football pool conducted by the licensee of such of the rules, or extracts from the rules, as are specified in the conditions; |
| (g) | the frequency with which soccer football pools shall be conducted by the licensee; and |
| (h) | such other matters as the Minister thinks fit. |
Revocation
| 9. (1) Where a licensee | of licence. |
| (a) | contravenes or fails to comply with this Act; |
| (b) | contravenes or fails to comply with any condition of the licence; or |
| (c) | applies to the Minister for the revocation of the licence issued to him, |
the Minister may, by notice in writing given to the
licensee, revoke the licence.
(2) Where the licensee is a corporation and
| (a) | a dealing with shares or any other interest in the capital of the corporation takes place; or |
| (b) | the corporation or its directors enter into a transaction or arrangement, |
the Minister may, if in his opinion the dealing, trans- action or arrangement substantially affects the control of the corporation, revoke the licence.
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(3) The revocation of a licence pursuant to sub- section (1) or (2) shall take effect
| (a) | except as provided by paragraph (b), on the day on which a notice of revocation is given to the licensee; or |
| (b) | on such later day as is specified in the notice of revocation. |
| Approved represent- | 10. (1) A licensee may, by instrument in writing, |
| atives. |
appoint a person approved by the Minister or within a class of persons so approved to be an approved representative of the licensee and may, in a like manner, revoke any such appointment.
A licensee shall not pay a commission to any person in respect of the receipt of entry forms for, or subscriptions in respect of, soccer football pools conducted by that licensee unless that person is an approved representative of the licensee.
(2)
Penalty: $2 000.
(3) A person who is not an approved represen- tative of a licensee shall not receive on behalf of the licensee entry forms for, or subscriptions in respect of, soccer football pools conducted by that licensee.
Penalty: $500.
(4) An approval given by the Minister for the purposes of subsection (1) shall be given by notice in writing to the licensee.
Soccer
| football | 11. (1) A licensee may from time to time make rules not inconsistent with this Act for or with respect to the conduct by him of soccer football pools. |
| pool rules. |
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(2) A rule made pursuant to subsection (1) shall, if it is approved in writing by the Minister
| (a) | be published in the Gazette; and |
| (b) | take effect on and from the date of publica- tion or a later date specified in the rule. |
(3) The provisions of section 36 of the Interpreta- tion Act 1918 shall not apply to rules made under this section.
12. (1) The Minister may appoint an officer Inspectors.
employed under the Public Service Act 1978 to be
an inspector for the purposes of the Act.
(2) Subject to this section, an inspector may, for the purposes of this Act, at any reasonable time
| (a) | enter any part of the premises of a licensee; |
| (b) | enter any part of the premises, not being a dwelling-house, of an approved representative; |
| (c) | enter any part of the premises, not being a dwelling-house, of a person, not being a licensee, whom the inspector reasonably suspects of conducting a soccer football pool; |
| (d) | enter any part of the premises, not being a dwelling-house, of a person, not being an approved representative, whom the inspector reasonably suspects of receiving entry forms for, or subscriptions in respect of, a soccer football pool; |
| (e) | require any person whom the inspector reasonably suspects of having the custody, possession or control of any registers, books, |
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records or documents which relate to, or which the inspector reasonably suspects relate to, the conduct of a soccer football pool to-
(i) produce to him those registers, books, records or documents; and
(ii) answer any question with respect to those registers, books, records or documents,
within such reasonable time as the inspector
may specify; and
(f) make copies of, or take extracts from, any entries in any such register, book, record or document.
(3) An inspector shall not exercise the powers conferred by subsection (2) (c) or (2) (d) except upon the authority of a warrant issued by a justice of the peace unless he believes upon reasonable grounds that in the circumstances of the case urgent action is required.
(4) A person shall not
| (a) | prevent an inspector from exercising any power conferred on him by subsection (2); |
| (b) | hinder or obstruct an inspector in the exercise of any such power; |
| (c) | fail to comply with a requirement of an inspector under subsection (2) (e); or |
| (d) | wilfully furnish to an inspector information which is false or misleading in a material particular. |
Penalty: $500.
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It is a sufficient defence to a prosecution for an offence against subsection (4) (c) of failing to answer a question if the defendant proves that he did not know, and could not with reasonable diligence have ascertained, the answer to the question.
(5)
A person is not required to answer a question
under subsection (2) (e) if the answer would tend
to incriminate him.
(6)
Where an answer to a question referred to in subsection (2) (e) (ii) or any information what- soever is given to an inspector by an officer or employee of a corporation that is concerned in the conduct of a soccer football pool, the answer and information are, for the purposes of any proceedings against the corporation under any of the provisions of this Act, binding upon and admissible in evidence against the corporation unless it is proved that the answer or information was given in relation to a matter in respect of which the officer had no auth- ority to bind the corporation.
(7)
(8) The provisions of subsection (7) are in addition to and not in derogation of any rule of law relating to the binding effect and admissibility in evidence of statements made by any officer or employee of a corporation.
13. (1) The Minister may request the Auditor =II" General to audit or inspect such of the accounts of Pun' a licensee as relate to the application of subscrip-
tions and the payment of prizes and to furnish him
with a report on the accounts.
(2) The Auditor General or a person appointed by him in that behalf shall upon the request of the Minister under subsection (1) carry out the audit or inspection of the accounts and the Auditor General shall have with respect to the audit or inspection all the powers conferred upon him by the Audit Act 1904.
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(3) For the purposes of an audit or inspection referred to in subsection (1), the person carrying out the audit or inspection shall be deemed to be an inspector and shall have all the powers and authorities of an inspector except those powers and authorities that relate to persons who are not licensees or approved representatives.
Application
| of nub- | 14. (1) Out of the subscriptions received by him |
| scriptlons. | in respect of a soccer football pool conducted by him, whether in this State or elsewhere, the licensee shall |
| (a) | pay into the prize fund an amount equal to the prescribed percentage of the subscriptions; and |
| (b) | pay to the Minister as duty an amount equal to the prescribed percentage of the subscriptions. |
(2) The reference in subsection (1) (a) to the prescribed percentage of subscriptions is a reference
| (a) | except as provided in paragraph (b), to 37%; or |
| (b) | where a greater percentage is prescribed, to that greater percentage. |
(3) The reference in subsection (1) (b) to the prescribed percentage of subscriptions is a reference
| (a) | except as provided in paragraphs (b) and (c), to 32.5%; |
| (b) | where, in any year, the subscriptions exceed $100 000 000, to 32.5% of the subscriptions which do not exceed $100 000 000 and 35% of the subscriptions which exceed $100 000 000; or |
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| (c) | where a greater percentage is prescribed, to that greater percentage. |
(4) Where a licensee proposes to conduct soccer football pools in this State and also in a participating State, the Minister may enter into an agreement with the appropriate Minister or other appropriate authority of that participating State with respect to
| (a) | the division between him and that appropriate Minister or authority of the amount referred to in subsection (1) (b); or |
| (b) | the exclusion from the subscriptions by reference to which the amount referred to in subsection (1) (b) is to be calculated of such subscriptions as may be specified in the agreement. |
(5) Where an agreement
| (a) | referred to in subsection (4) (a) has been entered into, so much of the subscriptions referred to in subsection (1) as is paid to the Minister under subsection (1) (b) and as is required to be paid to the appropriate Minister or other appropriate authority pursuant to the agreement shall, without further appropriation than this Act, be applied for the purpose of making that payment; or |
| (b) | referred to in subsection (4) (b) has been entered into, the obligation of the licensee under subsection (1) to pay the amount referred to in subsection (1) (b) shall be limited to paying to the Minister as duty the percentage referred to in subsection (1) (b) of such of the subscriptions referred to in subsection (1) as are not excluded by the agreement from the subscriptions so referred to. |
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Prize fund.
15. (1) The part of the subscriptions referred to in section 14 (1) (a) shall
| (a) | except as provided in paragraph (b), be paid into a bank account kept by the licensee at a bank in this State, being an account and bank approved in writing by the Minister; or |
| (b) | where the licensee by whom the subscriptions are received also conducts soccer football pools in a participating State and the Minister in writing approves of that part of the subscriptions being paid into a bank account kept by the licensee in a bank in that State, be paid into that bank account. |
(2)
Any moneys kept in a bank account referred to in subsection (1) (a) that are not immediately required for the payment of prizes may be invested by the licensee in such manner as the Minister in writing approves, and any interest accruing there- from shall be paid into that account and form part of the prize fund.
Subject to subsection (2), the moneys kept
in a bank account referred to in subsection (1) may
be applied only
(3)
| (a) | towards the payment by the licensee of prizes won in accordance with soccer football pools conducted by him in this State or, where a soccer football pool is conducted by him in this State and in a participating State, in this State and in that participating State; |
| (b) | where the licence granted to the licensee contains a condition referred to in section 8 (b), towards the reimbursement of the licensee for any amount by which he sub- sidizes the prize fund; and |
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(c) where the Minister so approves in writing, towards the reimbursement of the licensee for any amount which, before the com- mencement of this Act, he paid, under a corresponding law under which he was authorized to conduct soccer football pools, as a subsidy into a prize fund kept under that law that corresponds to a prize fund under this Act.
(4) Section 2 of the Unclaimed Moneys Act 1912 applies to a licensee, being a company within the meaning of that Act, that keeps a bank account referred to in subsection (1) (a) as if the words "six years" where twice occurring in the definition of "Unclaimed moneys" were deleted and the words "two years" substituted.
Payment of
| 16. (1) Subject to section 14 (4) (b), a licensee | duty. |
shall, within 7 days after the day on which entries in respect of a soccer football pool close, pay to the Minister the duty specified in section 14 (1) (b).
(2)
Where a licensee makes a payment of duty referred to in subsection (1) he shall forward with that payment such financial, statistical or other statements as the Minister directs in a notice in writing given to the licensee.
(3) If payment of the duty referred to in sub- section (1) is not made within the time specified in that subsection the licensee shall, in addition to that duty, pay to the Minister as additional duty an amount that is equal to 10% of the amount of the unpaid duty in respect of each month, calculated from the expiration of the time referred to in sub- section (1), during which the duty remains unpaid.
(4) Notwithstanding subsection (3), the Minister may in any case in which he sees fit to do so, forgo the whole or any part of the additional duty referred to in that subsection, or allow further time for the payment of that additional duty.
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Payment to
| Consolidated | 17. There shall be paid to the Consolidated |
| Revenue |
| Fund. | Revenue Fund |
| (a) | the amount of duty and additional duty paid to the Minister under this Act; and |
| (b) | any moneys paid to the Minister by the appropriate Minister or other appropriate authority under an agreement referred to in section 14 (4). |
| Service. | 18. A notice or order that may, pursuant to this |
Act, be given to a licensee
| (a) | may, except in the case of a notice of revocation of licence, be sent by prepaid post to the licensee; or |
| (b) | may be left for the licensee with some person apparently in the service of the licensee and apparently over the age of 16 years, |
at an address at which the licensee carries on
business in this State.
Recovery of
| moneys. | 19. (1) An amount that is payable by a person |
to the Minister under this Act but is not paid may be recovered from that person as a debt due to the Crown in any court of competent jurisdiction.
(2) For the purpose of any action to recover any such amount a certificate of the Minister certifying the amount alleged to be payable by a person and that that amount has not been paid is evidence that the amount so specified is payable to the Minister in accordance with this Act and has not been paid.
Offences by
| employees | 20. (1) Where a person is convicted of an offence against this Act for an act or omission done in the course of his employment as an employee of a licensee or an approved representative, the employer |
| and bodies | |
| corporate. |
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of that person shall also be guilty of an offence and liable to the same penalty as is prescribed for that offence unless he proves that he could not by the exercise of reasonable diligence have prevented the commission of the offence.
(2) Where a body corporate is convicted of an offence against this Act, every member of the govern- ing body of the body corporate shall be guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless he proves that he could not by the exercise of reasonable diligence have prevented the commission of the offence.
21. (1) The Governor may make regulations Regulations.
prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for giving effect to this Act and, in particular, for or with respect to
| (a) | the displaying in those parts, to which the public has access, of the premises of a licensee and an approved representative of the rules relating to soccer football pools or of extracts from those rules; |
| (b) | the days on which and the hours between which a licensee or an approved represen- tative may not accept entry forms for, or subscriptions in respect of, a soccer football pool; and |
| (c) | advertisements relating to soccer football pools. |
(2)
The regulations may prescribe penalties, not exceeding $500, for any breach of the regulations.
(3) A regulation
| (a) | may be limited in its application to time, place or circumstances; and |
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| (b) | may provide that any act or thing done shall be done with the approval or to the satisfaction of a specified person or class of persons and may confer a discretionary authority. |
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