Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Betting Control Act 1954
and includes the amendments made by the other written laws referred to in the
following table. The table also contains information about any
reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
63 of 1954 |
30 Dec 1954 |
1 Aug 1955 (see s. 2 and Gazette
29 Jul 1955 p. 1767) |
|
|
Betting Control Act Amendment
Act 1956 |
50 of 1956 |
18 Dec 1956 |
18 Dec 1956 |
|
Betting Control Act Continuance
Act 1957 |
36 of 1957 |
18 Nov 1957 |
18 Nov 1957 |
|
Reprint of the Betting Control Act 1954
approved 16 Feb 1959 in Vol. 14 of Reprinted Acts
(includes amendments listed above) |
|||
|
Betting Control Act Amendment
Act 1959 |
76 of 1959 |
14 Dec 1959 |
21 Dec 1959 (see s. 2 and Gazette
18 Dec 1959 p. 3339) |
|
Betting Control Act Amendment
Act 1960 |
49 of 1960 |
28 Nov 1960 |
31 Dec 1960 (see s. 2 and Gazette
23 Dec 1960 p. 4074) |
|
Betting Control Act Amendment
Act (No. 2) 1960 |
66 of 1960 |
2 Dec 1960 |
2 Dec 1960 |
|
Anzac Day Act 1960 s. 9 |
73 of 1960 |
12 Dec 1960 |
12 Dec 1960 |
|
Betting Control Act Amendment
Act 1961 |
14 of 1961 |
20 Oct 1961 |
20 Oct 1961 |
|
Reprint of the Betting Control Act 1954
approved 11 Apr 1963 in Vol. 17 of Reprinted Acts
(includes amendments listed above) |
|||
|
Betting Control Act Amendment
Act 1963 |
28 of 1963 |
13 Nov 1963 |
13 Nov 1963 |
|
113 of 1965 |
21 Dec 1965 |
Act other than s. 4-9: 21 Dec 1965
(see s. 2(1)); |
|
|
Acts Amendment (Commissioner of State Taxation)
Act 1970 Pt. IX |
21 of 1970 |
8 May 1970 |
1 Jul 1970 (see s. 2 and Gazette
26 Jun 1970 p. 1831) |
|
Betting Control Act Amendment
Act 1970 |
66 of 1970 |
17 Nov 1970 |
17 Nov 1970 |
|
Betting Control Act Amendment Act
(No. 2) 1970 |
75 of 1970 |
17 Nov 1970 |
1 Jan 1971 (see s. 2) |
|
Reprint of the Betting Control Act 1954
approved 24 Mar 1971 (includes amendments listed
above) |
|||
|
Age of Majority Act 1972
s. 6(2) |
46 of 1972 |
18 Sep 1972 |
1 Nov 1972 (see s. 2 and Gazette
13 Oct 1972 p. 4069) |
|
Betting Control Act Amendment
Act 1976 |
77 of 1976 |
18 Oct 1976 |
10 Dec 1976 (see s. 2 and Gazette
10 Dec 1976 p. 4879) |
|
Betting Control Act Amendment
Act 1978 |
78 of 1978 |
27 Oct 1978 |
27 Oct 1978 |
|
Reprint of the Betting Control Act 1954
approved 1 Jun 1979 (includes amendments listed
above) |
|||
|
Acts Amendment (Gaming and related provisions)
Act 1985 Pt. V |
29 of 1985 |
24 Apr 1985 |
1 Jun 1985 (see s. 2 and Gazette
31 May 1985 p. 1877) |
|
Acts Amendment (Betting Control) Act 1985 Pt.
II |
34 of 1985 |
24 Apr 1985 |
24 Apr 1985 (see s. 2) |
|
Betting Control Amendment
Act 1987 |
6 of 1987 |
29 May 1987 |
6 Nov 1987 (see s. 2 and Gazette
6 Nov 1987 p. 4069) |
|
Acts Amendment and Repeal (Gaming) Act 1987
Pt. II |
74 of 1987 |
26 Nov 1987 |
2 May 1988 (see s. 2 and Gazette
29 Apr 1988 p. 1292) |
|
Betting Control Amendment Act
(No. 2) 1987 |
78 of 1987 |
26 Nov 1987 |
4 Mar 1988 (see s. 2 and Gazette
4 Mar 1988 p. 665) |
|
Acts Amendment (Betting Tax and Stamp Duty) Act
(No. 2) 1990 Pt. 3 |
58 of 1990 |
17 Dec 1990 |
1 Aug 1989 (see s. 2) |
|
Acts Amendment and Repeal (Betting) Act 1992
Pt. 3 and 4 |
11 of 1992 |
16 Jun 1992 |
Pt. 3: 10 Jul 1992 (see s. 2(1) and
Gazette 10 Jul 1992
p. 3185); |
|
Reprint of the Betting Control Act 1954 as at
20 Aug 1992 (includes amendments listed above) |
|||
|
Acts Amendment (Public Sector Management) Act 1994
s. 3(2) |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette
30 Sep 1994 p. 4948) |
|
Acts Amendment (Racing and Betting Legislation)
Act 1995 Pt. 3 |
63 of 1995 |
27 Dec 1995 |
28 Jun 1996 (see s. 2 and Gazette
25 Jun 1996 p. 2901) |
|
Local Government (Consequential Amendments) Act 1996
s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|
Reprint of the Betting Control Act 1954 as at
20 Feb 1997 (includes amendments listed above) |
|||
|
Statutes (Repeals and Minor Amendments) Act 1997
s. 22 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997 (see s. 2(1)) |
|
Betting Control Amendment
Act 1998 3 |
17 of 1998 |
15 Jun 1998 |
s. 1 and 2: 15 Jun 1998; |
|
Western Australian Greyhound Racing Association Amendment
Act 1998 s. 20 |
23 of 1998 |
30 Jun 1998 |
1 Aug 1998 (see s. 3 and Gazette
21 Jul 1998 p. 3825) |
|
Acts Amendment (Fixed Odds Betting) Act 1999
Pt. 3 |
40 of 1999 |
16 Nov 1999 |
15 Jan 2000 (see s. 2 and Gazette
14 Jan 2000 p. 153) |
|
10 of 2001 |
28 Jun 2001 |
15 Jul 2001 (see s. 2 and Gazette
29 Jun 2001 p. 3257 and Cwlth Gazette
13 Jul 2001 No. S285) |
|
|
Reprint of the Betting Control Act 1954 as at
12 Apr 2002 (includes amendments listed above) |
|||
|
Betting Legislation Amendment Act 2002
Pt. 2 |
13 of 2002 |
8 Jul 2002 |
21 Sep 2002 (see s. 2 and Gazette
20 Sep 2002 p. 4693) |
|
Racing and Gambling Legislation Amendment and Repeal
Act 2003 Pt. 7 Div. 1 4, 5 |
35 of 2003 |
26 Jun 2003 |
s. 74, 76(b), (d)-(g), 77(1), 80, 81(1)-(4), 82-84, 95,
98: 1 Aug 2003 (see s. 2 and Gazette 29 Jul 2003
p. 3259); s. 75, 76(a), (c) and (h), 77(2), 78, 79, 81(5) and (6),
85-94, 96, 97 and 99-103: 30 Jan 2004 (see s. 2 and
Gazette 30 Jan 2004 p. 397) |
|
Courts Legislation Amendment and Repeal Act 2004
s. 141 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7128) |
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 s. 80 and 82 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Planning and Development (Consequential and Transitional
Provisions) Act 2005 s. 15 |
38 of 2005 |
12 Dec 2005 |
9 Apr 2006 (see s. 2 and Gazette
21 Mar 2006 p. 1078) |
|
Reprint 8: The Betting Control Act 1954 as at
20 Oct 2006 (includes amendments listed above) |
|||
|
Criminal Investigation (Consequential Provisions)
Act 2006 s. 73 |
59 of 2006 |
16 Nov 2006 |
1 Jul 2007 (see s. 2 and Gazette
22 Jun 2007 p. 2838) |
|
Betting and Racing Legislation Amendment
Act 2006 Pt. 2 |
70 of 2006 |
13 Dec 2006 |
s. 3, 5-8 and 10: 29 Jan 2007 (see s. 2
and Gazette 23 Jan 2007
p. 181); |
|
Liquor and Gaming Legislation Amendment Act 2006
s. 114 |
73 of 2006 |
13 Dec 2006 |
7 May 2007 (see s. 2(2) and Gazette
1 May 2007 p. 1893) |
|
Racing, Wagering and Betting Legislation Amendment and
Repeal Act 2007 Pt. 2 |
8 of 2007 |
13 Jun 2007 |
14 Jun 2007 (see s. 2) |
|
Reprint 9: The Betting Control Act 1954 as at
17 Aug 2007 (includes amendments listed above) |
|||
|
Statutes (Repeals and Miscellaneous Amendments) Act
2009 s. 25 |
8 of 2009 |
21 May 2009 |
22 May 2009 (see s. 2(b)) |
|
Acts Amendment (Bankruptcy) Act 2009 s.
11 |
18 of 2009 |
16 Sep 2009 |
17 Sep 2009 (see s. 2(b)) |
|
Racing and Wagering Legislation Amendment
Act 2009 Pt. 2 |
29 of 2009 |
23 Nov 2009 |
11 Jan 2010 (see s. 2(b) and Gazette
8 Jan 2010 p. 9-10) |
2 Repealed by the Acts Amendment and Repeal (Betting)
Act 1992.
3 The Betting Control Amendment Act 1998
s. 5(2) and (3) read as follows:
“
(2) An approval which was in force under section 4A of the principal
Act immediately before the commencement of this section continues in force,
subject to subsection (3), for the remainder of the period for which it
would, but for this section, have continued in force, and the principal Act as
in force immediately before that commencement continues to apply to and in
relation to that approval accordingly.
(3) An approval continued in force by subsection (2) cannot be
renewed, but may be cancelled or suspended under section 4A(8) of the
principal Act as in force immediately before the commencement of this section
during the period referred to in subsection (2).
”.
The Betting Control Amendment Act 1998 s. 7(2) reads as
follows:
“
(2) An authority in force under section 5(1a) of the principal Act
immediately before the commencement of this section (“the old
authority”) continues in force, subject to the principal Act as
amended by this Act, as if —
(a) the old authority were an authority given under section 5(2) as
inserted by this section (“the new authority”); and
(b) the premises to which the old authority relates were specified in the
new authority.
”.
4 The Racing and Gambling Legislation Amendment and Repeal
Act 2003 s. 19 reads as follows:
“
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.
”.
5 The Racing and Gambling Legislation Amendment and Repeal
Act 2003 Pt. 7 Div. 2 reads as follows:
“
Division 2 — Transitional and
savings provisions
Subdivision 1 — Preliminary
The intention of the provisions of this Division is that the Commission
will, in accordance with these provisions, stand in place of and be the
successor to the BCB.
In this Division, unless the contrary intention appears —
BCB means the Betting Control Board established under the BC
Act;
BC Act means the Betting Control
Act 1954;
Commission means the Gaming and Wagering Commission
established under section 4 of the Gaming and Wagering Commission
Act 1987.
Subdivision 2 — Devolution of the
BCB’s assets and liabilities
106. Transfer of assets and liabilities to
Commission
On and after the appointed day —
(a) the assets and rights of the BCB vest in the Commission by force of
this section;
(b) the liabilities of the BCB (including a share of a liability) become,
by force of this section, the liabilities of the Commission;
(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 the Commission were substituted for the BCB in the agreement
or instrument;
(d) the Commission is a party to any proceedings by or against the BCB
commenced before the appointed day;
(e) any proceeding or remedy that might have been commenced by or
available against or to the BCB 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 the Commission;
(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 BCB (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 the Commission;
(g) the BCB is to deliver to the Commission 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).
107. Western Australian Betting Control Board
Fund
(1) On the appointed day, any funds standing to the credit of the Western
Australian Betting Control Board Fund established under section 9 of the BC
Act are —
(a) in the case of moneys held by the Board in respect of payments of
bookmakers’ betting levy made under section 15 of the BC Act in
relation to betting of the kind referred to in sections 4A and 4B of the BC
Act, to be credited to the Sports Wagering Account referred to in
section 110A of the Gaming and Wagering Commission Act 1987;
and
(b) in the case of all other moneys, to be credited to the Gaming and
Wagering Commission Account established under section 9 of the Gaming
and Wagering Commission Act 1987,
and the Western Australian Betting Control Board Fund is then to be
closed.
(2) If in an agreement, instrument or other document there is a reference
to the Western Australian Betting Control Board Fund, that reference is, unless
the context otherwise requires, to be read or to have effect on and after the
appointed day as if it were a reference to the Gaming and Wagering Commission
Account established under section 9 of the Gaming and Wagering
Commission Act 1987.
108. 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 the Commission, 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.
The operation of section 106 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.
Subdivision 3 — General transitional
provisions
110. Annual report for part of a
year
The accountable authority, as defined in the Financial Administration
and Audit Act 1985, of the BCB 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 the appointed day, and Division 14 of Part II of
that Act applies as if that period were a full financial year.
111. Completion of things
commenced
Anything commenced to be done by the BCB under the BC Act before the
appointed day may be continued by the Commission so far as the doing of that
thing is within the functions of the Commission after the appointed
day.
112. 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 BCB, to the extent that that act, matter or
thing —
(a) has any force; and
(b) is not governed by section 106(f),
is to be taken to have been done or omitted by, to or in respect of the
Commission so far as the act, matter or thing is relevant to the
Commission.
Where the BCB 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 the Commission.
114. 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 106(c).
(2) Any agreement or instrument to which this section applies —
(a) to which the BCB was a party; or
(b) which contains a reference to the BCB,
has effect after the appointed day as if —
(c) the Commission were substituted for the BCB as a party to the
agreement or instrument; and
(d) any reference in the agreement or instrument to the BCB were (unless
the context otherwise requires) a reference to the Commission.
115. BCB to perform necessary transitional
functions
(1) Despite the repeal of section 6 of the BC Act by section 79
of this Act, the BCB continues in existence for the purpose of —
(a) reporting as required by section 110; and
(b) performing the functions described in section 106(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)(a).
”.