Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Governor may
make 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 the purposes of this Act, and, in particular, may by the
regulations —
(a) make
provision for betting under this Act on sporting events and contingencies
related to those events, the recording of such bets and as to the liabilities
arising out of such bets;
(b)
provide for —
(i)
licensing of bookmakers;
(ii)
licensing of bookmakers’ employees;
(iia)
the licensing of a manager of a bookmaker that is a body corporate or a
partnership;
(iii)
classification of licences;
(iv)
terms and conditions upon which licences or respective
classes of licences may be obtained and which shall be observed by the holders
of licences;
(v)
payments to the Commission of, and amounts payable as,
fees in respect of licences and applications for licences or respective
classes of licences, and for different amounts to be payable in respect of
different classes of licences;
(va)
payments to the Commission of, and amounts payable as, fees in respect of
permits within the meaning of section 4A and applications for those
permits;
(vi)
variation, suspension, and cancellation of licences, and
the grounds upon which licences may be varied, suspended, or cancelled;
(vii)
bookmakers being required to keep accounts and records
and furnish particulars of their betting transactions, and prescribing the
form of betting tickets authorised to be used, the manner of cancellation of
betting tickets, the particulars to be entered in the betting books and other
matters relevant to those accounts, records, and particulars;
(viii)
prohibiting or restricting of advertising by bookmakers,
their agents, employees and licensed managers;
(ix)
the conduct of persons and their agents and employees;
(x)
the authorisation, regulation and control of betting by
the use of totalisators and betting with, or through, RWWA or a totalisator
agency, any authorisation under this Act to possess and operate a totalisator,
and the licensing, commission and fees to be applicable;
(xi)
bookmakers being required to give security for the due
observance of this Act and the regulations, and of the terms and conditions of
their licences;
[(xii) deleted]
(xiii)
the payment and charges in respect of matters other than
licences or applications for licences;
(xiv)
the supply and use of betting material;
(xv)
the assessment, payment and recovery of bookmakers’
betting tax or of bookmakers’ betting levy, the kinds of bet that may be
made or accepted and Rules of Betting regulating betting by or with bookmakers
generally or in specific circumstances, the maximum amount which a bookmaker
may be obliged to accept on any one bet, bets with other bookmakers, and
betting boards;
(xvi)
the authorisation of the possession and operation of
totalisators by racing clubs and, generally, for the duties of racing clubs in
relation to the administration of this Act;
(xvii)
the general administration of this Act; and
(xviii)
imposing a monetary penalty for breach of a regulation so
made, or the breach of a term or condition of a licence, not greater than the
amount prescribed as a general penalty under section 30.
(2) Any rules made
under section 120 of the RWWA Act, regulations made under
section 121 of the RWWA Act or regulations made under this Act in
relation to a totalisator, so far as they are applicable, apply in relation to
bets made through RWWA on that totalisator as if the bets were made directly
into the totalisator, and regulations made under this Act may modify any such
rule or regulation to such extent as is necessary to make it applicable in
relation to bets made through RWWA and transmitted to a totalisator.
(3) In
subsection (2) a reference to rules or regulations made under the RWWA
Act includes a reference to rules or regulations continued under
section 48 of the Racing and Gambling Legislation Amendment and Repeal
Act 2003 and in force.
[Section 33 amended by No. 113 of 1965
s. 8(1); No. 77 of 1976 s. 19; No. 6 of 1987 s. 15;
No. 78 of 1987 s. 5; No. 58 of 1990 s. 11; No. 11 of
1992 s. 29, 58 and 64; No. 63 of 1995 s. 84; No. 17 of
1998 s. 25; No. 23 of 1998 s. 20; No. 13 of 2002
s. 27; No. 35 of 2003 s. 96, 102 and 103.]
[ 34. Deleted by No. 35 of 2003 s. 97.]
[ 35. Deleted by No. 63 of 1995 s. 86.]
[ 36. Deleted by No. 35 of 2003 s. 98.]
[Schedule 1 deleted by No. 35 of 2003 s. 99.]
[Schedule 2 deleted by No. 35 of 2003 s. 100.]