Western Australian Consolidated Acts

BETTING CONTROL ACT 1954 - SECT 16

16 .         Payment of levy by bookmakers on bets made at registered premises

        (1)         When a person bets as a bookmaker (whether in person, as the agent of or substitute for the bookmaker, or as a licensed manager of a bookmaker) in circumstances authorised pursuant to section 5(2), on races wherever held or to be held, the provisions of this section apply.

        (2)         The person shall cause to be recorded in duplicate, in a manner approved by the Commission so that the original and duplicate are clearly legible and the duplicate is an exact copy of the original, particulars of the bets made by that person in respect of — 

            (a)         races of ridden horses held or to be held in this State;

            (b)         races of driven horses held or to be held in this State;

            (c)         races of horses whether ridden or driven, held or to be held elsewhere than in this State;

            (d)         races of greyhounds held or to be held within this State; and

            (e)         races of greyhounds held or to be held elsewhere than in this State,

                and the bookmaker in person, or the agent or substitute where a person is so acting for the bookmaker, or the licensed manager of a bookmaker, shall sign that record.

        (3)         The person shall cause to be delivered to the relevant person within 7 days of the betting taking place or within such other time as the Commission appoints and is hereby authorised to appoint from time to time either generally or for a particular case — 

            (a)         duplicate recordings of bets mentioned in subsection (2) made during such period as the Commission determines and is hereby authorised to determine from time to time, either generally or for a particular case;

            (b)         a return in the form approved by the Commission signed by the bookmaker in person, or the agent or substitute where a person is so acting for the bookmaker, or the licensed manager of a bookmaker, showing the amount of money paid or promised to the bookmaker as consideration for those bets, and showing the sum payable on that amount as bookmakers’ betting levy; and

            (c)         payment for the use of the Crown, of that sum payable as bookmakers’ betting levy.

        (3a)         Where a racing club receives a sum of bookmakers’ betting levy under subsection (3) the racing club —

            (a)         shall retain, in respect of —

                  (i)         any portion of that sum that relates to betting to which section 4A applies;

                  (ii)         any portion of that sum that relates to betting to which section 4B applies,

        [(iii)         deleted]

                such percentage of that portion as is equal to the appropriate prescribed percentage referred to in section 15(5)(a), and shall apply the amount so retained to such purposes as that racing club thinks fit; and

            (b)         shall within such time of receiving that sum from the person as the Commission appoints and is hereby authorised to appoint from time to time, either generally or for a particular case, remit in the manner required by section 18A(2) the balance of that sum to the Commission and supply to the Commission such particulars as the Commission requires and is hereby authorised to require.

        (3b)         If a racing club to which subsection (3a) relates does not remit the balance of a sum of bookmakers’ betting levy to the Commission within the appointed time, the Commission may, without prejudicing the liability of the racing club to penalty under this Act, sue the racing club in a court of competent jurisdiction for recovery of the amount of that balance as a debt due.

        (3c)         A racing club shall preserve and retain possession of returns and duplicates of records delivered to it under subsection (3) until the Commission consents to destruction of the returns and duplicates.

        (3d)         In subsection (3) —

        the relevant person means —

            (a)         in relation to a race held within this State, the racing club conducting the race; or

            (b)         in relation to a race held elsewhere than in this State, the Commission.

        (4)         Regulations made under this Act may make provision for the purposes of this section and, in particular, may prescribe different requirements in relation to betting of different kinds.

        [Section 16 amended by No. 50 of 1956 s. 4; No. 49 of 1960 s. 9; No. 77 of 1976 s. 15; No. 78 of 1978 s. 5; No. 6 of 1987 s. 10; No. 11 of 1992 s. 37; No. 63 of 1995 s. 52; No. 17 of 1998 s. 15; No. 13 of 2002 s. 12; No. 35 of 2003 s. 84 and 102; No. 29 of 2009 s. 8.]