Western Australian Consolidated Acts

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RACING AND WAGERING WESTERN AUSTRALIA ACT 2003 - SECT 3

3 .         Terms used in this Act

        (1)         In this Act, unless the contrary intention appears —

        allied body means a body that provides facilities, including training facilities, that are integral to the thoroughbred racing industry, the harness racing industry or the greyhound racing industry;

        Australian Greyhound Racing Rules means the rules relating to the control of greyhound racing approved by the Australian and New Zealand Greyhound Racing Association (or any successor to that body) as amended and in force from time to time;

        Australian Rules of Harness Racing means the rules relating to the control of harness racing approved by the Australian Harness Racing Council Inc. (or any successor to that body) as amended and in force from time to time;

        Australian Rules of Racing means the rules relating to the control of thoroughbred racing approved by the Australian Racing Board (or any successor to that body) as amended and in force from time to time;

        board means the board of directors of RWWA;

        CEO means the person holding the office of chief executive officer of RWWA created under section 20;

        club includes a society or association;

        combined totalisator pool scheme means a combined totalisator pool scheme in which RWWA participates under section 59;

        Commission means the Gaming and Wagering Commission established under section 4 of the Gaming and Wagering Commission Act 1987 ;

        committee , in relation to a racing club, includes the governing body of the club or a body constituted by the club to make determinations on behalf of the club;

        Corporations Act means the Corporations Act 2001 of the Commonwealth;

        director means a director appointed, nominated or selected under section 8;

        eligible person means a person who is eligible to be appointed, nominated or selected as a director;

        fixed odds wager means a wager where a fixed amount that will be won if the wager is successful is determined before the wager is accepted;

        gambling means wagering or gaming;

        gambling operations means the business of RWWA referred to in section 50(1)(b);

        gaming has the same meaning as in the Gaming and Wagering Commission Act 1987 ;

        greyhound racing means the racing, in competitive pursuit of an artificial lure, of greyhounds registered with the Australian Stud Book maintained by the Australian and New Zealand Greyhound Association or with a registration authority approved by RWWA, and greyhound race and greyhound race meeting have corresponding meanings;

        harness racing means the racing of horses registered with the Australian Harness Racing Council, or otherwise eligible to race, under the Australian Rules of Harness Racing, and includes pacing and trotting, and harness race and harness race meeting have corresponding meanings;

        member of staff means a person engaged under section 22;

        metropolitan region has the meaning given to that term in the Planning and Development Act 2005 section 4;

        prescribed means prescribed by the regulations;

        race means a thoroughbred race, a harness race or a greyhound race;

        racecourse means a racecourse used for races;

        race meeting means a meeting at which races are held;

        racing club means a body of persons, corporate or unincorporate, that promotes or holds, or is formed to promote or hold, a race meeting;

        racing industry means the thoroughbred racing industry, the harness racing industry and the greyhound racing industry, or any of those industries;

        racing year means a period of 12 months commencing on 1 August;

        record means any thing or process —

            (a)         upon or by which information is recorded or stored; or

            (b)         by means of which a meaning can be conveyed by any means in a visible or recoverable form,

        whether or not the assistance of some electronic, electrical, mechanical, chemical or other machine or process is required to convey the information or meaning;

        rules of racing means rules made under section 45;

        rules of wagering means rules made under section 120;

        RWWA means the body corporate called Racing and Wagering Western Australia that is established by section 4;

        sporting event means —

            (a)         any cricket match or series of cricket matches selected by RWWA;

            (b)         any match or series of matches selected by RWWA from Australian Rules Football fixtures; or

            (c)         any other event that is prescribed in the rules of wagering or by the regulations as a sporting event,

        but does not include a race or trial;

        Sports Wagering Account means the account referred to in section 110A of the Gaming and Wagering Commission Act 1987 ;

        subsidiary means —

            (a)         a body determined to be a subsidiary of RWWA under subsection (3); and

            (b)         any interest or other rights of RWWA in a unit trust, joint venture or partnership where the interest or other rights of RWWA in connection with the unit trust, joint venture or partnership entitle RWWA to —

                  (i)         control the composition of the governing body of the unit trust, joint venture or partnership;

                  (ii)         cast, or control the casting of, more than one-half of the maximum number of votes that might be cast at a general meeting of the unit trust, joint venture or partnership; or

                  (iii)         control the business affairs of the unit trust, joint venture or partnership;

        thoroughbred racing means the racing of horses registered with the Registrar of Racehorses, or otherwise eligible to race, under the Australian Rules of Racing, and thoroughbred race and thoroughbred race meeting have corresponding meanings;

        totalisator means the instrument known as the totalisator and includes —

            (a)         any other machine, instrument or contrivance of a like nature and conducted on the like principles lawfully operated under any Act;

            (b)         any totalisator pool scheme conducted by RWWA under this Act for enabling any number of persons to make wagers with one another on like principles;

        totalisator agency means any totalisator agency established and operated under this Act, and includes any premises on which wagers may be made on a race or event through or with RWWA;

        totalisator ticket includes any ticket, card, token or thing —

            (a)         entitling, or purporting to entitle, any person to any interest in any division or distribution of any money by means of or in connection with or as the result of the operations of a totalisator; or

            (b)         issued by RWWA acknowledging that a wager has been made through or with RWWA;

        Treasurer means Treasurer of the State;

        trial means an event held for the purpose of testing or training horses or greyhounds for which no prize money, trophy or other reward, gratuity or privilege of more than nominal value is offered;

        wagering has the same meaning as in the Gaming and Wagering Commission Act 1987 ;

        WAGRA means the Western Australian Greyhound Racing Association established under the Western Australian Greyhound Racing Association Act 1981 ;

        WATA means the Western Australian Trotting Association constituted under the Western Australian Trotting Association Act 1946 ;

        WATC means the body known as The Western Australian Turf Club.

        (2)         Without limiting section 46 of the Interpretation Act 1984 , unless the contrary intention appears —

            (a)         a reference in this Act to this Act includes a reference to any rules of racing made under, or continued for the purposes of, this Act; and

            (b)         a reference in any other written law to the RWWA Act includes a reference to any rules of racing made under, or continued for the purposes of, this Act.

        (3)         Part 1.2 Division 6 of the Corporations Act applies for the purpose of determining whether a body is a subsidiary of RWWA.

        [Section 3 amended by No. 35 of 2003 s. 174; No. 38 of 2005 s. 15.]



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