Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act unless
the context requires otherwise —
ADI means an authorised deposit-taking institution
as defined in section 5 of the Banking Act 1959 of the Commonwealth;
approval means an approval under
section 27D(2);
approved area , in relation to race course, means
an area approved by the committee or other authority controlling that race
course as a place where betting to which section 4B applies may be
carried on;
authorisation means an authorisation under
section 27F that has effect;
authorised officer has the meaning given to that
term in the Gaming and Wagering Commission Act 1987 ;
betting exchange has the meaning given to that
term in section 4AA;
betting material includes —
(a) any
list, card, board, racebook, ticket, voucher or other record of any race or
sporting event or any betting transaction; and
(b) any
accounts or accounting record,
however compiled, recorded or stored, and any
computer or other machine, used in the course of, or in relation to, betting;
bookmaker means a person who —
(a)
carries on the business or vocation of, or acts as, a bookmaker; or
(b)
gains or endeavours to gain a livelihood wholly or partly by betting or making
wagers,
(whether on their own account or as a licensed
manager, an employee or agent of another person), and who holds a current
bookmaker’s licence, but does not include any officer, agent or employee
of RWWA when acting for and on behalf of RWWA;
Commission means the Gaming and Wagering
Commission established under the Gaming and Wagering Commission Act 1987
;
condition , in relation to a licence,
includes —
(a) a
limitation, restriction or prohibition; and
(b) any
other provision of that licence affecting the authorisation conferred,
whether or not it purports to be expressed by way
of a condition;
consideration used in relation to bets has the
meaning attributed in the interpretation, to bet ;
controlling interest means an interest in not less
than fifty per centum (50%) of the issued shares of the body corporate;
designated sporting event means sporting event
belonging to such class of sporting events (excluding races but including
foot-races) as is approved under subsection (1a) for the purposes of
section 4A;
domestic betting operator means a person who in
this State or another State or a Territory is authorised under a law of that
State or Territory to engage in or conduct the business of betting on races;
employee means a person employed by a bookmaker as
the agent or substitute of that bookmaker or otherwise for the purpose of the
carrying on of the business of the bookmaker, whether or not that person
receives remuneration in any form from the bookmaker;
equipment includes any totalisator or other device
employed in relation to betting operations;
fixed odds bet has the meaning given to that term
in the RWWA Act;
licence means a licence issued under this Act;
licensed employee means the holder of a
bookmaker’s employee licence issued under section 11;
licensed manager means the holder of a
bookmaker’s manager licence issued under section 11 or a person
acting as a licensed manager under section 11B(12) or 11C(11);
machine includes any computer or other apparatus
or device, and any electrical, electronic, mechanical or other equipment or
contrivance constructed or adapted for use in or in relation to betting;
metropolitan region has the meaning given to that
term in the Planning and Development Act 2005 section 4;
money includes bank notes, bank drafts, cheques
and any other orders, warrants, authorities, or requests, for the payment of
money;
offshore betting operator means a person who is
authorised under the law of a jurisdiction outside Australia to engage in or
conduct the business of betting on races or sporting events;
permittee means holder of a permit granted under
section 4A;
place includes any part of any building,
structure, house, office, room, tent, enclosure, premises or land, or of any
vessel, vehicle, train or aircraft whether or not stationary;
possession includes having under control in any
place whatever whether for the use or benefit of the person of whom the term
is used or of another person, and notwithstanding that another person has the
actual possession or custody of the thing in question;
public place includes any part of any place, used,
or available for use, by the public, and includes a road, street, lane,
footpath, thoroughfare, cul de sac, doorway, convenience, reserve, or part of
any of them;
race means a race of any kind by horses whether
ridden or driven or by greyhounds, but does not include a race conducted as a
trial;
race course means a race course used for races;
race meeting means a meeting at which races are
held;
racing club means a body which conducts race
meetings;
record means —
(a) any
book, account, document, financial records (within the meaning of the
Corporations Act 2001 of the Commonwealth), paper, return, register or
other source of information compiled, recorded or stored in written form or on
microfilm, or by electronic or other means or process;
(b) the
contents, in a printout or other intelligible format, of records that are
kept, by computer or otherwise, in a format that is not readily intelligible;
and
(c) any
other sources of information prescribed for the purposes of this definition;
registered place means place registered under
section 4A(4) in respect of designated sporting events of the relevant
class;
RWWA means Racing and Wagering Western Australia
established under the RWWA Act;
RWWA Act means the
Racing and Wagering Western Australia Act 2003 ;
steward means a steward appointed under the RWWA
Act;
ticket means a betting ticket or a totalisator
ticket;
to bet means to pay or deliver, or promise or
agree to pay or deliver, or to receive or agree or promise to receive, any
money or other property for the consideration for —
(a) an
assurance, undertaking, promise, or agreement, express or implied, to pay or
give thereafter any money or other property on any event or contingency of or
relating to any race or any sporting event in relation to which betting is
authorised under this Act; or
(b)
securing the paying or giving by some other person of any money or other
property on any such event or contingency;
totalisator and totalisator ticket have for the
purposes of this Act the same respective meanings as they have for the
purposes of the RWWA Act;
totalisator agency means any totalisator agency
established by RWWA, and includes any premises on which bets on a race or
sporting event may be made on a totalisator through or with RWWA;
WA race field means information that identifies,
or is capable of identifying, the names or numbers of the horses or
greyhounds —
(a) that
have been nominated for, or that will otherwise take part in, an intended race
to be conducted in this State; or
(b) that
have been scratched or withdrawn from an intended race to be conducted in this
State.
(1a) The Commission
may by notice published in the Gazette —
(a)
approve a class of sporting events (excluding races but including foot-races)
for the purposes of section 4A; and
(b)
amend or revoke such an approval.
(2) In this Act unless
the context otherwise requires, a reference —
(a) to a
bookmaker, includes a reference to a licensed employee acting as the agent of
or substitute for the bookmaker;
(aa) to
a bookmaker, includes a reference to a licensed manager acting under
section 11D(5);
(b) to a
ticket includes a reference to a ticket which is produced or issued by a
computer or other machine used to facilitate the betting; and
(c) to
writing includes a reference to the printing of a ticket, form or other record
produced by a computer or other machine so used.
(3) For the purposes
of this Act, a person occupies a position of authority in a body corporate if
that person —
(a) is a
director of the body corporate;
(b)
exercises or exerts, or is in a position to exercise or exert, control or
substantial influence over the body corporate in the conduct of its affairs;
(c) in
the case of a public company, has a controlling interest in the company; or
(d) in
the case of a proprietary company, is a shareholder in the company.
[Section 4 amended by No. 49 of 1960
s. 4; No. 21 of 1970 s. 48; No. 77 of 1976 s. 5;
No. 6 of 1987 s. 4; No. 11 of 1992 s. 27 and 29;
No. 63 of 1995 s. 43; No. 17 of 1998 s. 4; No. 40 of
1999 s. 31; No. 10 of 2001 s. 22; No. 13 of 2002
s. 4; No. 35 of 2003 s. 76, 102 and 103; No. 38 of 2005
s. 15; No. 70 of 2006 s. 5; No. 29 of 2009 s. 5.]