Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Western Australian Greyhound
Racing Association Act 1981 and includes the amendments made by the other
written laws referred to in the following table. The table also contains
information about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
||
|---|---|---|---|---|---|
|
10 of 1981 |
22 May 1981 |
15 Jun 1981 (see s. 2 and Gazette
12 Jun 1981 p. 2048) |
|||
|
Acts Amendment (Financial Administration and Audit)
Act 1985 s. 3 |
98 of 1985 |
4 Dec 1985 |
1 Jul 1986 (see s. 2 and Gazette
30 Jun 1986 p. 2255) |
||
|
Acts Amendment (Public Sector Management)
Act 1994 s. 3(2) |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette
30 Sep 1994 p. 4948) |
||
|
Equal Opportunity Amendment Act
(No. 3) 1997 s. 8 |
42 of 1997 |
9 Dec 1997 |
6 Jan 1998
(see s. 2(1)) |
||
|
Western Australian Greyhound Racing Association Amendment
Act 1998 2, 3, 4 |
23 of 1998 |
30 Jun 1998 |
1 Aug 1998 (see s. 3 and Gazette
21 Jul 1998 p. 3825) |
||
|
Reprint of the Western Australian Greyhound Racing
Authority Act 1981 as at 1 Jan 1999 (includes amendments
listed above) |
|||||
|
Statutes (Repeals and Minor Amendments) Act 2000
s. 46 |
24 of 2000 |
4 Jul 2000 |
4 Jul 2000 (see s. 2) |
||
|
Racing and Gambling Legislation Amendment and Repeal
Act 2003 Pt. 12 Div. 1 5 |
35 of 2003 |
26 Jun 2003 |
s. 195-206, 207(1)(a) and (2), 208-218:
1 Aug 2003 (see s. 2 and Gazette
29 Jul 2003 p. 3259); |
||
|
Reprint 2: The Western Australian Greyhound
Racing Association Act 1981 as at 10 Feb 2006 (includes
amendments listed above) |
|||||
|
Financial Legislation Amendment and Repeal
Act 2006 s. 17 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette
19 Jan 2007 p. 137) |
||
|
Acts Amendment (Bankruptcy) Act 2009 s.
91 |
18 of 2009 |
16 Sep 2009 |
17 Sep 2009 (see s. 2(b)) |
||
|
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette
10 Sep 2010 p. 4341) |
|||
2 The Western Australian Greyhound Racing Association
Amendment Act 1998 s. 16(2), (3) and (4) read as
follows:
“
(2) The body renamed as the Western Australian Greyhound Racing
Authority by subsection (1) is the same body as the Western Australian
Greyhound Racing Association previously established under section 5 of the
principal Act.
(3) The fund renamed as the Western Australian Greyhound Racing Authority
Fund by subsection (1) is the same fund as the Western Australian Greyhound
Racing Association Fund previously referred to in section 16 of the
principal Act.
(4) Where, in a written law (including the principal Act on or after the
commencement of this Act) or in any document of any kind, there is
—
(a) a reference to the Western Australian Greyhound Racing Association;
or
(b) a reference that was directed by clause 7 of Schedule 2 to
the principal Act to be read and construed as a reference to the Western
Australian Greyhound Racing Association,
that reference is, unless because of the context it would be
inappropriate to do so, to be read and construed as if it had been amended to be
a reference to the Western Australian Greyhound Racing Authority.
”.
3 The Western Australian Greyhound Racing Association
Amendment Act 1998 s. 17(3) and (4) read as follows:
“
(3) The body renamed as the board by subsection (1) is the
same body as the Committee previously established under section 9 of the
principal Act.
(4) Where, in a written law or in any document of any kind, there is a
reference to the Committee that reference is, unless because of the context it
would be inappropriate to do so, to be read and construed as if it had been
amended to be a reference to the board.
”.
4 The Western Australian Greyhound Racing Association
Amendment Act 1998 s. 18 and 19 read as follows:
“
18. Validation of rules
(1) A rule made under section 24 or 25 of the principal Act is taken
to have been validly made and to have, and to have always had, full force and
effect as a rule under that section even if it was not published and dealt with
in accordance with the Interpretation Act 1918 or the
Interpretation Act 1984, whichever was applicable at the
time.
(2) No action lies in respect of a matter determined, or an action taken
or omitted to be taken, by a person or body in good faith under a rule to which
subsection (1) applies, by reason only that the rule was not published and
dealt with in accordance with the Interpretation Act 1918 or the
Interpretation Act 1984, whichever was applicable at the
time.
19. Transitional provision regarding rules
Unless and until they are amended, rules made under section 24 or 25
of the principal Act and in force immediately before the commencement of this
Act (including any rule to which section 18 applies) continue in force as,
and are taken to be, rules of racing made by the Authority under section 7B
of the principal Act as amended by this Act.
”.
5 The Racing and Gambling Legislation Amendment and Repeal
Act 2003 s. 3, Pt. 2, s. 19 and Pt. 12 Div 2 read
as follows:
In this Act —
appointed day means the day fixed by order under
section 7;
assets means —
(a) property of every kind whether tangible or intangible, real or
personal, corporeal or incorporeal; and
(b) without limiting paragraph (a) includes choses in action,
goodwill, rights, interests and claims of every kind in or to property, whether
arising from, accruing under, created or evidenced by or the subject of, an
instrument or otherwise and whether liquidated or unliquidated, actual,
contingent or prospective;
commencement day means the day of which Part 1 of the
RWWA Act comes into operation;
liability means any liability, duty or obligation whether
actual, contingent or prospective, liquidated or unliquidated, or whether owned
alone or jointly or jointly and severally with any other person;
right means any right, power, privilege or immunity whether
actual, contingent or prospective;
RWWA means Racing and Wagering Western Australia established
under the Racing and Wagering Western Australia Act 2003;
RWWA Act means the Racing and Wagering Western Australia
Act 2003 and, without limiting section 46 of the Interpretation
Act 1984, includes a reference to the rules of racing made under, or
continued for the purposes of, that Act.
”
“
Part 2 — Transitional
matters related to enactment of RWWA Act
(1) In this Part, unless the contrary intention
appears —
old Greyhound Racing Rules means Greyhound Racing Rules made
under section 7B of the Western Australian Greyhound Racing Authority
Act 1981 and in force immediately before commencement day;
old Rules of Harness Racing means the Rules of Harness
Racing 1999 made or adopted under by-laws under the
Western Australian Trotting Association Act 1946 and in force
immediately before commencement day;
old Rules of Racing means Rules of Racing of the Western
Australian Turf Club made or adopted by the Western Australian Turf Club and in
force immediately before commencement day;
TAB means the Totalisator Agency Board established under the
Totalisator Agency Board Betting Act 1960;
TABB Act means the Totalisator Agency Board Betting
Act 1960.
(2) Unless otherwise specified or a contrary intention appears, words and
expressions in this Part have the same meaning as in the RWWA Act.
5. First appointments to the
board
(1) Despite sections 11 and 12 of the RWWA Act, for the purpose of
the first appointments of directors to the board —
(a) the following bodies are eligible thoroughbred racing bodies for the
purposes of sections 8(1)(b) and 11(2)(c) of the RWWA
Act —
(i) The Western Australian Turf Club;
(ii) the Western Australian Provincial Thoroughbred Racing
Association;
(iii) the Country Racing Association;
(iv) the Western Australian Thoroughbred Racing Industry
Council;
(b) the following bodies are eligible harness racing bodies for the
purposes of sections 8(1)(c) and 11(2)(d) of the RWWA
Act —
(i) the Western Australian Trotting Association;
(ii) the Fremantle Trotting Club (Inc.);
(iii) the Western Australian Country Trotting Association;
(iv) the Western Australian Standardbred Breeders’ Association
Inc.;
(v) the Western Australian Harness Racing Breeders, Owners, Trainers and
Reinspersons’ Association (Inc.);
(vi) the Harness Racing Owners’ Association of WA
Incorporated;
(c) the following bodies are eligible greyhound racing bodies for the
purposes of sections 8(1)(d) and 11(2)(e) of the RWWA
Act —
(i) the Western Australian Greyhound Racing Authority;
(ii) the Avon Valley Greyhound Racing Association;
(iii) the Western Australian Greyhound Breeders, Owners and Trainers
Association;
and
(d) the Minister is to nominate a person for the purposes of
section 11(2)(b) of the RWWA Act instead of the board.
(2) The Minister may give directions for facilitating the constitution of
the first board of directors of RWWA and those directions have the same effect
as an order made under section 9 of the RWWA Act.
The Minister may appoint a person to act in the office of CEO under
section 20 of the RWWA Act during the period before the board first
appoints a CEO under that section.
7. RWWA not to exercise gambling
functions until appointed day
(1) RWWA must not exercise any of its functions under Part 5 of the
RWWA Act until the day fixed under subsection (2).
(2) The Minister may, by order published in the Gazette, fix a day
(the appointed day) on which RWWA is authorised to exercise its
functions under Part 5 of the RWWA Act.
(3) Until the appointed day, the functions (to the extent that they are
like functions of the TAB under the TABB Act immediately before the
appointed day) remain functions of the TAB and may continue to be exercised by
the TAB under the TABB Act.
(1) The first strategic development plan for RWWA under Part 6
Division 1 of the RWWA Act is to be for a period starting
1 August 2004.
(2) The last strategic development plan for the TAB under the TABB Act
before the appointed day is to operate after the appointed day as a strategic
development plan for RWWA in relation to its gambling operations until a first
strategic development plan for RWWA in relation to those operations is agreed
under the RWWA Act.
9. Statement of corporate
intent
(1) The first statement of corporate intent for RWWA under Part 6
Division 2 of the RWWA Act is to be for the financial year commencing
1 August 2004.
(2) The last statement of corporate intent for the TAB under the TABB Act
before the appointed day is to operate after the appointed day as a statement of
corporate intent for RWWA in relation to its gambling operations until a first
statement of corporate intent for RWWA in relation to those operations is
submitted under the RWWA Act.
The first monetary limits under section 98 of the RWWA Act are to be
determined in relation to the first financial year of RWWA to start on or after
commencement day.
11. Rules of racing —
continuation and expiry
(1) Subject to subsection (5), the old Rules of Harness Racing
continue in force with such changes as are necessary on and after commencement
day —
(a) to the extent that the rules deal with matters of racing, as if the
rules were made by RWWA as Rules of Harness Racing under section 45 of the
RWWA Act; and
(b) to the extent that the rules deal with totalisators on
racecourses —
(i) before the appointed day as if the rules were not affected by this Act
or the RWWA Act; and
(ii) on and after the appointed day as if the rules were made and approved
as rules of wagering under section 120 of the RWWA Act.
(2) Subject to subsection (5), the old Rules of Racing continue in
force with such changes as are necessary on and after commencement
day —
(a) to the extent that the rules deal with matters of racing, as if the
rules were made by RWWA as Rules of Thoroughbred Racing under section 45 of
the RWWA Act; and
(b) to the extent that the rules deal with totalisators on
racecourses —
(i) before the appointed day as if the rules were not affected by this Act
or the RWWA Act; and
(ii) on and after the appointed day as if the rules were made and approved
as rules of wagering under section 120 of the RWWA Act.
(3) Subject to subsection (5), the old Greyhound Racing Rules
continue in force with such changes as are necessary on and after commencement
day —
(a) to the extent that the rules relate to racing, as if the rules were
made by RWWA as Rules of Greyhound Racing under section 45 of the RWWA Act;
and
(b) to the extent that the rules deal with totalisators on
racecourses —
(i) before the appointed day as if the rules were not affected by this Act
or the RWWA Act; and
(ii) on and after the appointed day as if the rules were made and approved
as rules of wagering under section 120 of the RWWA Act.
(4) A reference in the RWWA Act to the rules of racing or the rules of
wagering includes a reference to the rules in force under this
section.
(5) The rules continued in force under subsections (1), (2)
and (3) expire 12 months after the coming into operation of this
section, or on a day fixed by order of the Minister published in the
Gazette, whichever is the earlier day.
(6) Nothing in this section affects the operation of sections 36, 37
and 38 of the RWWA Act.
(7) To the extent that the rules continued in force under this section
confer functions and powers solely on a principal club or a controlling
authority, on and after commencement day those functions are to be carried out
and powers are to be exercised by RWWA.
12. Licences, permits, approvals and
registrations
(1) In this section —
authorisation means —
(a) a licence to train;
(b) a licence of a bookmaker;
(c) a licence of a driver;
(d) a licence of a trainer;
(e) a licence of a stablehand;
(f) a licence of a studmaster or artificial breeding technician;
(g) a permit to train;
(h) registration of a racing club;
(i) registration as a driver, trainer, owner, stable hand, bookmaker or
bookmaker’s clerk;
(j) registration of a horse, foal, stud or sire (or for a certificate of
service) or of any transfer, lease or cancellation of lease of a
horse;
(k) registration of a syndicate;
(l) registration of colours;
(m) any other licence, permit, approval or registration.
(2) Subject to the RWWA Act, any authorisation given or issued
under —
(a) the old Greyhound Racing Rules;
(b) the old Rules of Harness Racing;
(c) the by-laws of the Western Australian Trotting Association under the
Western Australian Trotting Association Act 1946; or
(d) the old Rules of Racing,
and in force immediately before commencement day continues in force on
and after commencement day as if it were given by RWWA under the RWWA
Act.
13. Appointment of stewards and other
officials
(1) Subject to the RWWA Act and unless otherwise determined in writing by
RWWA, any appointment of a steward or other racing official made
under —
(a) the old Greyhound Racing Rules;
(b) the old Rules of Harness Racing; or
(c) the old Rules of Racing,
and in force immediately before commencement day continues in force, with
necessary changes but otherwise under and subject to the same terms and
conditions, on and after commencement day as if it were made under the RWWA
Act.
(2) Nothing in —
(a) the old Greyhound Racing Rules;
(b) the old Rules of Harness Racing; or
(c) the old Rules of Racing,
operates so as to prevent or restrict —
(d) the continuation of the appointment of an employee of a racing club as
a steward or other racing official for the purposes of the RWWA Act;
or
(e) the appointment by RWWA of an employee of a racing club as a steward
or other racing official for the purposes of the RWWA Act.
On and after commencement day a date or time for a race meeting that has
been fixed by or under —
(a) the old Greyhound Racing Rules;
(b) the old Rules of Harness Racing;
(c) the by-laws of the Western Australian Trotting Association under the
Western Australian Trotting Association Act 1946; or
(d) the old Rules of Racing,
and in force immediately before commencement day, is to be taken to be
the date or time of the race meeting as if it had been fixed by RWWA under the
RWWA Act.
(1) Any appeal under —
(a) the old Greyhound Racing Rules;
(b) the old Rules of Harness Racing;
(c) the by-laws of the Western Australian Trotting Association under the
Western Australian Trotting Association Act 1946; or
(d) the old Rules of Racing,
that has been commenced but not completed immediately before commencement
day, is taken to be an appeal against a decision of RWWA.
(2) A right of appeal under —
(a) the old Greyhound Racing Rules;
(b) the old Rules of Harness Racing;
(c) the by-laws of the Western Australian Trotting Association under the
Western Australian Trotting Association Act 1946; or
(d) the old Rules of Racing,
that is in existence but has not been exercised immediately before
commencement day, is taken to be a right of appeal against a decision of
RWWA.
16. TAB Sports Betting
Account
(1) On commencement day, any funds standing to the credit of the TAB
Sports Betting Account established under section 28A(2)(d) of the TABB Act
are to be credited to the Sports Wagering Account referred to in
section 110A of the Gaming Commission Act 1987, and the TAB
Sports Betting Account is then to be closed.
(2) If in an agreement, instrument or other document there is a reference
to the TAB Sports Betting Account, that reference is, unless the context
otherwise requires, to be read or to have effect on and after commencement day
as if it were a reference to the Sports Wagering Account.
17. Sports Betting Promotion
Account
(1) On commencement day, any funds standing to the credit of the Sports
Betting Promotion Account referred to in section 28A(2)(c) of the TABB Act
are to be credited to an account established under section 88 of the RWWA
Act, and the Sports Betting Promotion Account is then to be closed.
(2) If in an agreement, instrument or other document there is a reference
to the Sports Betting Promotion Account, that reference is, unless the context
otherwise requires, to be read or to have effect on and after commencement day
as if it were a reference to the account established under section 88 of
the RWWA Act.
18. Further transitional provisions
may be made
(1) If there is no sufficient provision in this Part for dealing with a
transitional matter, regulations under this Act may include any provision that
is required, or that is necessary or convenient, for dealing with the
transitional matter.
(2) In subsection (1) —
transitional matter means a matter that needs to be dealt
with for the purpose of —
(a) effecting the transition from the provisions of the TABB Act to the
provisions of the RWWA Act; or
(b) effecting the transition from the provisions of an Act amended by this
Act as in force before this Act comes into operation to the provisions of that
Act as in force after this Act comes into operation.
(3) Regulations made under subsection (1) may provide that specific
provisions of the RWWA Act or an Act amended by this Act —
(a) do not apply; or
(b) apply with specific modifications,
to or in relation to any matter.
(4) If regulations made under subsection (1) provide that a specified
state of affairs is to be taken to have existed, or not to have existed, on and
from a day that is earlier than the day on which the regulations are published
in the Gazette but not earlier than the commencement day, the regulations
have effect according to their terms.
(5) In subsection (4) —
specified means specified or described in the
regulations.
(6) If regulations contain a provision referred to in subsection (4),
the provision does not operate so as —
(a) to affect in a manner prejudicial to any person (other than the
State), the rights of that person existing before the day of publication of
those regulations; or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted to be done before
the day of publication of those regulations.
”
“
19. Power
to amend regulations
(1) The Governor, on the recommendation of the Minister, may make
regulations amending subsidiary legislation made under any Act.
(2) The Minister may make a recommendation under subsection (1) only
if the Minister considers that each amendment proposed to be made by the
regulations is necessary or desirable as a consequence of the enactment of the
RWWA Act or this Act.
(3) Nothing in this section prevents subsidiary legislation from being
amended in accordance with the Act under which it was made.
”.
“
Division 2 — Transitional
provision
219. Renamed body is same
body
(1) The body renamed as the Western Australian Greyhound Racing
Association by section 201(1) is the same body as the Western Australian
Greyhound Racing Authority previously established under section 5 of the
Western Australian Greyhound Racing Authority Act 1981.
(2) Where in a written law or in any document of any kind, there is a
reference to the Western Australian Greyhound Racing Authority, that reference
is, unless because of the context it would be inappropriate to do so, to be read
and construed as if it had been amended to be a reference to the Western
Australian Greyhound Association.
”.
6 Short title was initially the Western Australian Greyhound
Racing Association Act 1981 and was subsequently changed to the
Western Australian Greyhound Racing Authority Act 1981
then again to the Western Australian Greyhound
Racing Association Act 1981 (see note under
s. 1).