{"id":"racing-restriction-act-2003","name":"Racing Restriction Act 2003","slug":"racing-restriction-act-2003","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106395,"registerId":"wa-racing-restriction-act-2003-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Racing Restriction Act 2003","content":"![Crest]()Western Australia\n\nRacing Restriction Act 2003\n\nWestern Australia\n\nRacing Restriction Act 2003\n\nContents\n\nPart 1 — Preliminary\n\n1. Short title 2\n\n2. Commencement 2\n\n3. Definitions 2\n\nPart 2 — Restrictions on racing\n\n4. Thoroughbred races 3\n\n5. Harness races 3\n\n6. Greyhound races 3\n\n7. Restriction on certain horse racing 3\n\n8. Offence 4\n\nPart 3 — Approval as ARO\n\n9. Approval as an ARO 5\n\n10. Variation of conditions and approved rules 6\n\n11. Revocation of approval 6\n\nPart 4 — RWWA licences for certain races\n\n12. Non‑thoroughbred racing — RWWA licence 8\n\nPart 5 — Ministerial directions\n\n13. Ministerial direction on thoroughbred or harness race meetings 10\n\n14. Ministerial direction on other horse racing 11\n\nPart 6 — Miscellaneous\n\n15. Regulations 12\n\nNotes\n\nCompilation table 13\n\nUncommenced provisions table 13\n\nDefined terms\n\n  \n\nWestern Australia\n\nRacing Restriction Act 2003\n\nAn Act to regulate horse and greyhound races and race meetings.\n\n## Part 1 — Preliminary\n\n##### 1. Short title\n\nThis Act may be cited as the *Racing Restriction Act 2003*.\n\n##### 2. Commencement\n\nThis Act comes into operation on a day to be fixed by proclamation.\n\n##### 3. Definitions\n\n(1) In this Act, unless the contrary intention appears —\n\n  ARO means a body corporate approved by the Minister as an approved racing organisation under section 9(3);\n\nmetropolitan region has the meaning given to that term in the *Planning and Development Act 2005* section 4;\n\n  prize, in relation to a race, means a trophy, cup or any other material reward or benefit —\n\n(a) with a value, or of an amount, exceeding that prescribed in relation to prizes for that kind of race under the rules of racing; or\n\n(b) if no value or amount is prescribed in relation to prizes for that kind of race under the rules of racing, with a value, or of an amount, exceeding $50;\n\n  RWWA Act means the *Racing and Wagering Western Australia Act 2003*.\n\n(2) A word or expression used in this Act has the same meaning as it has in the RWWA Act unless —\n\n(a) this Act gives it another meaning; or\n\n(b) the contrary intention appears in some other way.\n\n[Section 3 amended: No. 38 of 2005 s. 15.]\n\n## Part 2 — Restrictions on racing\n\n##### 4. Thoroughbred races\n\nA thoroughbred race for a stake or prize or for the purpose of betting must not be held unless the race —\n\n(a) is licensed by RWWA under the RWWA Act; and\n\n(b) is held at a racecourse that is licensed by RWWA under the RWWA Act.\n\n##### 5. Harness races\n\nA harness race for a stake or prize or for the purpose of betting must not be held unless the race —\n\n(a) is licensed by RWWA under the RWWA Act; and\n\n(b) is held at a racecourse that is licensed by RWWA under the RWWA Act.\n\n##### 6. Greyhound races\n\nA greyhound race for a stake or prize or for the purpose of betting must not be held unless the race —\n\n(a) is licensed by RWWA under the RWWA Act; and\n\n(b) is held at a racecourse that is licensed by RWWA under the RWWA Act.\n\n##### 7. Restriction on certain horse racing\n\n(1) This section does not apply to thoroughbred races or harness races.\n\n(2) A horse or pony race for a stake or prize or for the purpose of betting must not be held unless the race is —\n\n(a) conducted by an ARO in accordance with the conditions of the Minister’s approval of that ARO under section 9; or\n\n(b) licensed by RWWA under section 12 and conducted in accordance with the conditions of that licence.\n\n##### 8. Offence\n\nIf a race is held in contravention of section 4, 5, 6 or 7, each of the following persons commits an offence —\n\n(a) any person who holds the race;\n\n(b) any person on whose behalf the race is held;\n\n(c) each member of any managing body or committee of any association of persons, whether incorporated or not, which holds the race;\n\n(d) each member of any managing body or committee of any association of persons, whether incorporated or not, on whose behalf the race is held; and\n\n(e) any person who acts at the race as a steward, starter or judge or otherwise assists in the conduct of the race.\n\nPenalty: $10 000.\n\n## Part 3 — Approval as ARO\n\n##### 9. Approval as an ARO\n\n(1) A person may apply to the Minister to be approved by the Minister as an approved racing organisation if the person —\n\n(a) is a body corporate;\n\n(b) has the capacity to hold horse or pony races for a stake or prize or for the purpose of betting; and\n\n(c) has the capacity to meet the requirements prescribed by the regulations for the purposes of this subsection.\n\n(2) An applicant for approval as an ARO is to provide with the application —\n\n(a) a copy of the rules under which it proposes to hold races and details of the kinds of races it proposes to hold;\n\n(b) details of the racecourse, or racecourses, at which it proposes to hold races; and\n\n(c) any other information that the Minister requires for the purposes of a proper consideration of the application.\n\n(3) The Minister may approve an applicant as an ARO if the Minister is satisfied that —\n\n(a) the applicant meets the requirements of subsection (1);\n\n(b) the rules provided by the applicant under subsection (2)(a) are suitable; and\n\n(c) it is not contrary to the public interest to do so.\n\n(4) In determining whether it is contrary to the public interest to approve an applicant as an ARO the Minister may have regard to the capacity of the applicant —\n\n(a) to control races held by it; and\n\n(b) to conduct the races honestly and free from criminal influence.\n\n(5) An approval may be subject to any conditions that the Minister thinks appropriate and sets out in, or attaches to, the approval.\n\n(6) An approval includes an approval of the rules provided by the applicant under subsection (2)(a).\n\n(7) If the Minister decides not to approve an applicant as an ARO, the Minister is to give the applicant reasons in writing for the decision.\n\n(8) The Minister is not to approve an applicant as an ARO in relation to the holding of a thoroughbred race or a harness race.\n\n##### 10. Variation of conditions and approved rules\n\n(1) The Minister may —\n\n(a) on the Minister’s own initiative or on the application of an ARO, vary or revoke the conditions to which the approval of the ARO is subject; or\n\n(b) on the application of the ARO, approve a variation of the rules provided by the ARO that are approved under section 9(6).\n\n(2) An ARO must not vary the rules provided by the ARO that are approved under section 9(6) without the approval of the Minister.\n\n(3) An ARO is to provide to the Minister any information that the Minister requires for the purposes of this section.\n\n##### 11. Revocation of approval\n\n(1) If the Minister is satisfied that —\n\n(a) an ARO no longer meets the requirements of section 9(1); or\n\n(b) it is not in the public interest for a body to remain approved as an ARO,\n\nthe Minister is to revoke the approval of the ARO.\n\n(2) If the Minister is satisfied that —\n\n(a) an ARO has contravened a provision of this Act; or\n\n(b) an ARO has breached a condition of its approval as an ARO,\n\nthe Minister may revoke the approval of the ARO.\n\n## Part 4 — RWWA licences for certain races\n\n##### 12. Non‑thoroughbred racing — RWWA licence\n\n(1) A person may apply to RWWA under this section for a licence to hold a horse race for a stake or prize or for the purposes of betting if —\n\n(a) the person is not a racing club registered under the RWWA Act;\n\n(b) the person is not eligible to apply for a licence for the race under the RWWA Act; and\n\n(c) there is no ARO that is eligible to hold the race meeting or race.\n\n(2) An applicant for a licence under this section is to provide with the application —\n\n(a) a copy of the rules under which it proposes to hold the race and details of the kind of race it proposes to hold;\n\n(b) details of the racecourse at which it proposes to hold the race; and\n\n(c) any other information that RWWA requires for the purposes of a proper consideration of the application.\n\n(3) RWWA may issue the licence if RWWA is satisfied that —\n\n(a) the applicant meets the requirements of subsection (1);\n\n(b) the rules provided by the applicant under subsection (2)(a) are suitable; and\n\n(c) it is not contrary to the public interest to do so.\n\n(4) A licence may be issued subject to any conditions that RWWA thinks appropriate and sets out in, or attaches to, the licence.\n\n(5) A licence includes an approval of the rules provided by the applicant under subsection (2)(a).\n\n(6) If RWWA decides not to issue the licence, RWWA is to give the applicant reasons in writing for the decision.\n\n(7) RWWA is not to issue a licence under this section in relation to the holding of a thoroughbred race or a harness race.\n\n## Part 5 — Ministerial directions\n\n##### 13. Ministerial direction on thoroughbred or harness race meetings\n\n(1) If —\n\n(a) RWWA proposes to make any change to the programme of thoroughbred race meetings customarily conducted in the metropolitan region; and\n\n(b) the proposed change may necessitate a reduction of the number of thoroughbred race meetings customarily conducted outside the metropolitan region or the making of any other change to any programme of thoroughbred race meetings customarily conducted outside the metropolitan region,\n\nany dispute arising in relation to the matter may be referred to the Minister who may give RWWA such direction as the Minister thinks fit in relation to the matter.\n\n(2) If —\n\n(a) RWWA proposes to make any change to the programme of harness race meetings customarily conducted in the metropolitan region; and\n\n(b) the proposed change may necessitate a reduction of the number of harness race meetings customarily conducted outside the metropolitan region or the making of any other change to any programme of harness race meetings customarily conducted outside the metropolitan region,\n\nany dispute arising in relation to the matter may be referred to the Minister who may give RWWA such direction as the Minister thinks fit in relation to the matter.\n\n(3) RWWA must give effect to a direction of the Minister under subsection (1) or (2).\n\n(4) A direction given by the Minister under subsection (1) or (2) may, on the application of RWWA, be varied or cancelled by the Minister.\n\n[Section 13 amended: No. 38 of 2005 s. 15.]\n\n##### 14. Ministerial direction on other horse racing\n\n(1) If —\n\n(a) an ARO proposes to make any change to the programme of race meetings customarily conducted by the ARO in the metropolitan region; and\n\n(b) the proposed change may necessitate —\n\n(i) a reduction in the number of race meetings customarily conducted by the ARO or another ARO outside the metropolitan region; or\n\n(ii) the making of any other change to any programme of race meetings customarily conducted by the ARO or another ARO outside the metropolitan region,\n\nany dispute arising in relation to the matter may be referred to the Minister who may give the ARO or another ARO such direction as the Minister thinks fit in relation to the matter, and effect is to be given to any such direction.\n\n(2) An ARO must give effect to a direction of the Minister given to the ARO under subsection (1).\n\n(3) A direction given by the Minister for the purposes of subsection (1) may, on the application of the ARO given the direction, be varied or cancelled by the Minister.\n\n[Section 14 amended: No. 38 of 2005 s. 15.]\n\n## Part 6 — Miscellaneous\n\n##### 15. Regulations\n\nThe 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.\n\nNotes\n\nThis is a compilation of the *Racing Restriction Act 2003* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.\n\nCompilation table\n\n| **Short title** | **Number and Year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Racing Restriction Act 2003* | 34 of 2003 | 26 Jun 2003 | 1 Aug 2003 (see s. 2 and *Gazette* 29 Jul 2003 p. 3260) |\n| *Planning and Development (Consequential and Transitional Provisions) Act 2005* s. 15 | 38 of 2005 | 12 Dec 2005 | 9 Apr 2006 (see s. 2 and *Gazette* 21 Mar 2006 p. 1078) |\n\n\nUncommenced provisions table\n\nTo view the text of the uncommenced provisions see *Acts as passed* on the WA Legislation website.\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *TAB (Disposal) Act 2019* s. 155 | 21 of 2019 | 18 Sep 2019 | To be proclaimed (see s. 2(1)(b)(xiii)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nARO 3(1)\n\nmetropolitan region 3(1)\n\nprize 3(1)\n\nRWWA Act 3(1)\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act remains focused on centralising formal licensing and approval of organised racing (thoroughbred, harness, greyhound and other horse/pony races) under RWWA and Minister‑approved AROs. Amendments noted in the compilation (for example, definition updates referring to the Planning and Development Act 2005) adjust technical references but do not appear to expand the Act’s substantive purpose beyond its original scope of regulating who may lawfully hold prize or betting‑related races. The core mechanics—RWWA licensing for primary codes, Minister approval for other organisers, and Ministerial direction powers on programme changes—remain the same."},"complexity_factors":["Cross‑references to other statutes (RWWA Act and Planning and Development Act) that import additional definitions and licensing regimes (s3, multiple provisions)","Only four terms defined in the Act itself, but many operative obligations depend on external RWWA Act definitions and rules","Multiple conditional licensing routes (RWWA licence mandatory for thoroughbred/harness/greyhound; ARO approval required for certain other horse races; RWWA licence as backstop) creating branching logic (ss4–7, s12)","Discretionary administrative powers vested in the Minister (approval, conditions, variation, revocation; ss9–11) and in RWWA (licensing and conditions; s12)","Ministerial direction powers over scheduling with mandatory compliance (ss13–14) that interact with geographic concept of \"metropolitan region\"","Procedural steps and documentation requirements for applications and requirements to give written reasons on refusal (ss9(2), 9(7), 12(2), 12(6))","Offence provision with broad scope of liable persons and a fixed monetary penalty (s8)","Potentially uncommenced or amending provisions referenced in compilation notes that may alter scope depending on commencement (compilation table, uncommenced provisions)"],"plain_english_summary":"**What this law does (mechanics)\n\n- The Act makes it illegal to hold most organised races for prize money or for betting unless they are authorised. That covers thoroughbred (jump and flat) races, harness races, greyhound races and other horse or pony races (see Parts 2 and 4).\n\n- For thoroughbred, harness and greyhound races the organiser and the racecourse must be licensed by Racing and Wagering Western Australia (RWWA) under the RWWA Act (sections 4–6).\n\n- For horse or pony races that are not thoroughbred or harness races, the race must either be run by an Approved Racing Organisation (an ARO) approved by the Minister (Part 3, section 9) or be licensed directly by RWWA under a separate process (section 12).\n\n- If a race is held in breach of these rules, a range of people involved in the event (the organiser, anyone on whose behalf it was held, members of the organising committee, stewards, judges, starters and others who assist) each commit an offence. The penalty is a fine (section 8).\n\n- The Minister can approve bodies corporate as AROs if they meet capacity and regulatory requirements, can attach conditions to that approval, and can vary or revoke approvals (sections 9–11). RWWA can similarly issue licences for certain races where no eligible ARO exists (section 12).\n\n- The Minister can give directions to RWWA or to an ARO where changes to metropolitan race programmes have knock‑on effects outside the metropolitan area; RWWA and AROs must comply with those directions (sections 13–14).\n\n- The Governor may make regulations to fill out procedural and technical details (section 15).\n\nWho this affects\n\n- Race organisers and racecourses: cannot lawfully hold regulated races without the appropriate RWWA licence or Minister‑approved ARO status (s4–7, s12).\n- Potential ARO applicants: must be bodies corporate and meet prescribed capacity and rule requirements; Minister has discretion to approve and to set conditions (s9).\n- RWWA: role as primary licensor for thoroughbred, harness and greyhound racing and as a backstop licensor for certain other races (s4–6, s12).\n- Race officials and committee members: can be personally liable for organising or assisting in unlawful races (s8).\n- The Minister: exercises approval, variation and revocation powers over AROs and can direct scheduling where regional effects arise (s9–11, s13–14).\n\nWhy it matters (stated purpose and practical implications)\n\n- The Act centralises legal authority for regulated racing with RWWA and, for non‑thoroughbred/harness racing, with Minister‑approved AROs. The formal purpose implied by the structure is to control where and by whom races that carry prizes or support betting may be run, and to provide a single licensing and oversight framework (Parts 2–4).\n\nCosts, incentives, trade‑offs and risks (implementation lens)\n\n- Compliance costs and barriers: Small or informal clubs that previously ran local races must either obtain an RWWA licence or organise under an ARO approved by the Minister (s9, s12). That creates administrative and potentially financial costs (application materials, meeting conditions, rule approvals).\n\n- Concentration of decision‑making: RWWA and the Minister hold significant gatekeeping power over who may run races, the rules under which they run and scheduling decisions that affect regional vs metropolitan meetings (s9, s12–14). That centralisation reduces the freedom of independent organisers to contract and hold races without approval.\n\n- Discretion and uncertainty: Key powers are discretionary (Minister may approve or refuse AROs, attach or vary conditions, revoke approvals; RWWA may issue or refuse licences) and public interest is an explicit criterion (s9(3)–(4), s12(3)). Discretion speeds regulatory responses but increases uncertainty for applicants and can raise administrative appeal or review demands.\n\n- Enforcement leverage: The Act attaches criminal penalties to unlawful events and names a broad set of potentially liable persons (s8). That increases deterrence but also raises the stakes for organisers and volunteers.\n\n- Scheduling and competitive effects: Ministerial direction powers allow intervention in programme changes that affect non‑metropolitan meetings (s13–14). Mechanically, this can preserve or prioritise particular regional schedules but also constrains RWWA/AROs’ ability to reshape programmes for commercial reasons (broadcast, betting turnovers, facility investment).\n\n- Substitution or avoidance risk: Because unlicensed races are penalised, organisers face a binary choice: comply by seeking licences/approval or cease formal racing. Some organisers might try to restructure events (e.g. lower prizes below the threshold) to avoid licensing triggers (the Act defines \"prize\" thresholds — s3).\n\nWho pays, who decides, and what behaviour changes\n\n- Who pays: Organisers absorb application, compliance and possible condition‑imposed costs; volunteers and committee members bear personal legal risk if they assist unlawful events (s8). RWWA and the Minister allocate administrative and enforcement resources.\n- Who decides: RWWA and the Minister decide who may lawfully run races and when programmes may be varied (s4–6, s9, s12–14).\n- Behaviour changes: Organisers will generally seek formal licences or ARO approvals, consolidate under existing licenced bodies, or modify events to fall outside the Act’s triggers (e.g. prize values). Some race meetings may cease if costly to regularise.\n\nRelevant sections: core licensing rules (s4–7), ARO approval and powers (ss9–11), RWWA licensing for other races (s12), offences (s8), Ministerial direction (ss13–14), regulation power (s15)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope of this legislation changed from its original intent, as the full text of the Act was not available for analysis. No amendments or scope changes can be identified from the retrieved content."},"complexity_factors":["No legislative content was retrievable — the source page returned a 'page not found' error","Cannot assess complexity without access to the actual text of the Act","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe text of the **Racing Restriction Act 2003 (WA)** could not be retrieved. The page hosting this Western Australian legislation is no longer available at its original web address due to system upgrades.\n\n**What we do know:**\n- This is a **Western Australian** law\n- It dates from **2003**\n- Based on its name, it likely deals with **restrictions on racing** (possibly horse, greyhound, or other animal racing, or motor racing) in Western Australia\n- It may regulate who can conduct races, where races can be held, or place conditions on racing activities\n\n**To find the actual legislation**, visit the Western Australian Parliamentary Counsel's Office website (legislation.wa.gov.au) and search for \"Racing Restriction Act 2003\" directly."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of regulating horse and greyhound racing through licensing and approval mechanisms. The 2005 amendment merely updated the definition of 'metropolitan region' to reference the Planning and Development Act 2005 instead of the Metropolitan Region Scheme. The uncommenced provision from the TAB (Disposal) Act 2019 suggests potential future amendments but does not indicate scope creep in the current version."},"complexity_factors":["Short statute with only 15 sections across 6 Parts","4 defined terms in section 3, plus incorporation by reference of RWWA Act definitions","Nested conditional logic in sections 13-14 (dispute resolution triggers requiring multiple preconditions)","Dual regulatory pathways (ARO approval vs RWWA licence) with overlapping but distinct requirements","Cross-references to external legislation (RWWA Act 2003, Planning and Development Act 2005)","Broad delegated power in section 15 allowing regulations to prescribe matters 'necessary or convenient'","Criminal offence provision (section 8) with extensive personal liability extending to committee members and race officials"],"plain_english_summary":"This Western Australian law controls who can run horse and greyhound races, and where they can be held. It creates a licensing system to stop illegal race meetings and ensure proper oversight.\n\n**What it does:**\n- **Bans unlicensed racing**: You cannot hold thoroughbred, harness, or greyhound races for money, prizes, or betting unless licensed by Racing and Wagering Western Australia (RWWA) at an approved racecourse.\n- **Covers other horse racing**: For non-thoroughbred horse or pony races (like Arabian or stock horse races), you need either approval as an 'Approved Racing Organisation' (ARO) from the Minister, or a special licence from RWWA.\n- **Creates two approval pathways**:\n  - **ARO approval**: For organisations that want to regularly hold races. The Minister checks they are legitimate, financially capable, and free from criminal influence before approving them.\n  - **RWWA licence**: For one-off races where no ARO is available.\n- **Gives the Minister power over race schedules**: If changes to city race programmes would hurt country racing, the Minister can step in and direct RWWA or AROs to protect regional race meetings.\n\n**Who it affects:**\n- Racing clubs and organisations wanting to hold race meetings\n- RWWA (the state racing authority)\n- The Minister for Racing\n- Individual organisers, committee members, and officials who could face a $10,000 fine for running illegal races\n\n**Why it matters:**\nThis law prevents 'underground' or unregulated racing that could enable gambling rorts, animal welfare issues, or criminal activity. It ensures all racing is properly supervised, honest, and contributes to the regulated racing industry."}},"importantCases":[],"_links":{"self":"/api/acts/racing-restriction-act-2003","history":"/api/acts/racing-restriction-act-2003/history","analysis":"/api/acts/racing-restriction-act-2003/analysis","conflicts":"/api/acts/racing-restriction-act-2003/conflicts","importantCases":"/api/acts/racing-restriction-act-2003/important-cases","documents":"/api/acts/racing-restriction-act-2003/documents"}}