Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person who in,
or in relation to —
(a) any
application or matter to be determined by the Commission, or by a steward in
charge of a race meeting or steward or other person under section 12A; or
(b)
any —
(i)
statement of assets or liabilities;
(ii)
notice or annual return;
(iii)
return or other record; or
(iv)
thing,
required, made,
maintained, kept, delivered, furnished or produced under or for the purposes
of this Act,
makes a statement that
is false or misleading by reason of the inclusion in the statement of false or
misleading matter or of the omission from the statement of any matter that is
required or may be material, or furnishes or causes to be furnished any record
or thing that is false or is misleading in a material particular or which
makes any material omission, commits an offence.
Penalty: $5 000, or imprisonment for one
year, or both.
(2) A person who, by
an act intended to falsify or destroy the record, alters or destroys any
record to which subsection (1) relates commits an offence.
Penalty: $5 000, or imprisonment for one
year, or both.
(3) A person who,
otherwise than in the course of a duty under this Act, makes a record of, or
divulges or communicates to any person, information coming to the knowledge of
that person by reason of —
(a) a
report to be made or made to the Commission by the Commissioner of Police
under this Act; or
(b) this
Act, in the course of the administration of this Act,
commits an offence.
Penalty: $5 000.
(4) A person who
carries on the business of bookmaking, or any aspect of the business of a
bookmaker, otherwise than in accordance with —
(a) this
Act;
(b) the
terms and conditions of, and any endorsement on, a licence; and
(c) the
terms of, and conditions applicable to, a permit issued under section 12,
in so far as is not inconsistent with this Act or that licence,
commits an offence.
Penalty: $5 000.
(5) Without limiting
the matters which a court may take into consideration when passing sentence in
respect of an offence committed under subsection (4), the court may take
into consideration when so passing sentence any interstate offence of which
the accused has previously been convicted.
(6) In
subsection (5) —
interstate offence means offence under the law of
another State or of a Territory, which offence is declared by the regulations
to be an offence that corresponds to an offence under subsection (4).
[Section 11G inserted by No. 13 of 2002
s. 7; amended by No. 35 of 2003 s. 102; No. 84 of 2004
s. 82.]
[ 11H, 11I. Deleted by No. 70 of 2006
s. 10(2).]