Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Nothing in
this Act authorises a bookmaker, or the employee, licensed manager or
agent of a bookmaker, to bet or carry on business as such on a race course
without first having obtained a permit to do so from the committee or other
authority controlling it.
(2) Subject to this
section, the committee or other authority may grant permits to do so subject
to such conditions as the committee or other authority thinks fit, but to such
persons only as are the holders of a licence authorising the carrying on of
that activity under section 11A, 11B, 11C or 11D and, where appropriate,
endorsed for the purposes of section 4B.
(3) No bookmaker shall
bet or carry on business as such on a race course, except on such parts of it
as are specially set apart for that purpose by the committee or other
authority controlling it, and then only (except as regards betting on sporting
events as authorised and approved under section 4B) —
(a)
during any day on which a race meeting is conducted at the race course; or
(b) on
other days, at times approved by both the Commission and the committee or
other authority controlling the race course.
(3a) Subject to
subsection (3b), no bookmaker shall bet or carry on business as such on a
race course under subsection (3) unless a steward is present at the race
course while that betting or business is carried on to supervise the conduct
of the betting or business.
(3b) A bookmaker may
take bets —
(a) by
means of telephone betting in accordance with the regulations; or
(b) by
means of internet betting in accordance with the regulations,
on a race course under
subsection (3) whether or not a steward is present at the race course to
supervise the conduct of the betting.
(4) A steward
may —
(a)
permit a bookmaker who is a natural person to use a licensed manager or a
licensed employee, being a manager or employee specifically nominated to and
approved by that authority for that purpose —
(i)
as substitute bookmaker on behalf of the bookmaker where
that bookmaker is absent on account of sickness, leave or other circumstances
acceptable to that authority;
(ii)
as the agent of that bookmaker to operate a second stand,
or in another approved area, on behalf of that bookmaker at that race course,
either generally or on a particular occasion, whether or not
subparagraph (i) applies; or
(iii)
as the agent of that bookmaker, to operate on behalf of
that bookmaker at that race course notwithstanding the absence of the
bookmaker, in the event of there otherwise being, in the opinion of that
authority, insufficient bookmakers to meet public demand;
and
(b) in
respect of all or any of the types of betting authorised by the licence,
permit the carrying on of business and the making of bets at that race course
by a bookmaker.
(4a) A steward
may —
(a)
permit a licensed manager who is carrying on the business of a bookmaker that
is a partnership or a body corporate to use a licensed employee, being an
employee specifically nominated to and approved by that authority for that
purpose —
(i)
to act as a licensed manager of the partnership or body
corporate where the manager is absent on account of sickness, leave or other
circumstances acceptable to that authority;
(ii)
as the agent of the partnership or body corporate to
operate a second stand, or in another approved area, on behalf of that
partnership or body corporate at that race course, either generally or on a
particular occasion, whether or not subparagraph (i) applies;
(iii)
as the agent of the partnership or body corporate, to
operate on behalf of that partnership or body corporate at that race course
notwithstanding the absence of the licensed manager, in the event of there
otherwise being, in the opinion of that authority, insufficient bookmakers to
meet public demand; or
(iv)
as the agent of the partnership or body corporate, in
circumstances approved by the Commission;
and
(b) in
respect of all or any of the types of betting authorised by the licence,
permit the carrying on of business and the making of bets at that race course
by a licensed manager of the bookmaker.
(5) The committee or
other authority controlling a race course shall —
(a) upon
request, furnish to the Commission a plan showing —
(i)
the situation of any betting ring or approved area, or
any proposed betting ring or approved area, on the race course; and
(ii)
the positions and numbers of the stands to be allotted,
and to whom they are allotted;
(b) not
permit —
(i)
any person to carry on the business, or any aspect of the
business, of a bookmaker on that race course unless the person holds a licence
so to do under this Act;
(ii)
any bookmaker to bet or offer to bet from a position
other than the betting ring or an approved area and at the stand allotted by
the racing club; or
(iii)
any person to bet, or offer to bet, with any person other
than a bookmaker;
(c)
ensure that —
(i)
any duplicate record, or other betting material, required
to be delivered to a person authorised by the racing club to receive it is
duly received at the prescribed time by a person so authorised;
(ii)
duplicate records are legible and complete, including any
registered sheet number;
(iii)
a return in a form approved by the Commission, setting
out the prescribed particulars of bookmakers, the consideration for bets and
the bookmakers’ betting levy paid and payable, is delivered to the
Commission in a manner approved by the Commission; and
(iv)
payment of bookmaker’s betting levy is duly made.
(6) Where an
application by a licensee to the committee or other authority controlling a
race course for a permit is refused under this section, or the permit of a
licensee is cancelled or suspended, the committee or other authority
controlling the race course to which that application or permit related shall
forthwith inform the Commission, in writing, of —
(a) the
fact of the refusal, cancellation or suspension and the date it took effect;
and
(b)
their intentions in relation to applications for future permits made by that
applicant or licensee.
(7) RWWA shall report
to the Commission, as soon as is practicable, the result of any hearing or
appeal conducted under the RWWA Act relating to —
(a)
improper conduct; or
(b) a
breach of this Act or of the rules of wagering as defined in the RWWA Act,
on the part of a
bookmaker, licensed manager or licensed employee.
[Section 12 amended by No. 77 of 1976
s. 13; No. 34 of 1985 s. 5; No. 11 of 1992 s. 29 and
33; No. 63 of 1995 s. 48; No. 13 of 2002 s. 8; No. 35
of 2003 s. 81 and 102; No. 8 of 2007 s. 4.]