{"id":"western-australian-turf-club-property-act-1944","name":"Western Australian Turf Club (Property) Act 1944","slug":"western-australian-turf-club-property-act-1944","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":111194,"registerId":"wa-western-australian-turf-club-property-act-1944-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Western Australian Turf Club (Property) Act 1944","content":"![Crest]()Western Australia\n\nWestern Australian Turf Club (Property) Act 1944\n\nWestern Australia\n\nWestern Australian Turf Club (Property) Act 1944\n\nContents\n\n1. Short title 4\n\n2. This Act to be read in conjunction with *The Western Australian Turf Club Act 1892* 4\n\n3. Interpretation 4\n\n4. Power to Club to acquire and hold real and personal property 4\n\nNotes\n\nCompilation table 7\n\nDefined terms\n\n  \n\nWestern Australia\n\nWestern Australian Turf Club (Property) Act 1944\n\nAn Act to resolve certain doubts concerning the power of The Western Australian Turf Club under *The* *Western Australian Turf Club Act 1892*, to acquire, dispose of and otherwise deal with real and personal property for the purposes of the Club and to enter into agreements for those purposes.\n\n[Long title amended: No. 24 of 1997 s. 14.]\n\nPreamble\n\nWhereas certain doubts have arisen concerning the power of The Western Australian Turf Club under *The Western Australian Turf Club Act 1892*, to acquire, dispose of and otherwise deal with real and personal property for the purposes of the Club and to enter into agreements for those purposes and it is deemed desirable and expedient that the said Club shall have such power and be deemed to have had such power and to resolve such doubts accordingly:\n\n[Preamble amended: No. 24 of 1997 s. 15; No. 19 of 2010 s. 50.]\n\nBe it therefore enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled and by the authority of the same as follows: —\n\n##### 1. Short title\n\nThis Act may be cited as the *Western Australian Turf Club (Property) Act 1944* 1.\n\n##### 2. This Act to be read in conjunction with *The Western Australian Turf Club Act 1892*\n\nThis Act shall be read in conjunction with *The Western Australian Turf Club Act 1892*, hereinafter referred to as the principal Act.\n\n##### 3. Interpretation\n\nIn this Act, unless the context otherwise requires —\n\n  Club means The Western Australian Turf Club.\n\n  Chairman means the person who from time to time and at any time is the Chairman of the Committee.\n\n  Committee means the Committee from time to time and at any time of the Club.\n\n##### 4. Power to Club to acquire and hold real and personal property\n\n(1) The Committee shall have and may exercise, and shall be deemed always to have had under the principal Act, power through the Chairman and under his name —\n\n(a) to acquire (including on lease), hold, mortgage, dispose of (including by lease), and otherwise deal with real and personal property for the purposes of the Club; and\n\n(b) enter into agreements for any of those purposes.\n\n(2) When so authorised by a resolution of the Committee the Chairman may in his name execute all such agreements, transfers, leases, mortgages and other instruments necessary or requisite for the effectual exercise by the Committee of the power conferred by subsection (1).\n\n(2a) Subsection (1) does not apply to —\n\n(a) the land referred to in section 7 of the principal Act; or\n\n(b) land demised under section 8 of that Act,\n\nexcept with the consent of the Governor given on the recommendation of the Minister administering the *Land Act 1933* 2.\n\n(2b) An approval under subsection (2a) in respect of any land may be given —\n\n(a) subject to conditions including a condition for payment of money to the Crown; and\n\n(b) if the Governor thinks fit, in terms that discharge the land from any trust or purpose affecting the land by operation of this Act.\n\n(3) A certified copy of the minute of any such resolution signed by the Secretary of the Club shall be evidence that, where, pursuant to such resolution, the Chairman has executed any agreement, transfer, lease, mortgage, or other instrument under the authority of subsection (2) he has done so with the authority of and in a fiduciary capacity for the Committee.\n\n(4) Notwithstanding anything to the contrary contained in the *Transfer of Land Act 1893*, and where any land, which has been acquired by the Committee is registered in the name of a person who at the time of such registration was the Chairman, and any dealing in relation to such land is subsequently tendered to the Registrar of Titles for registration in the name of another person, the Registrar may, subject to any other requirements of the said Act, accept such dealing for registration upon production therewith of a declaration by the Secretary of the Club that the land referred to in such dealing is the property of the Club, and that the person who has executed such dealing is for the time being the Chairman.\n\n(5) Subject to this Act any real or personal property acquired or held by the Committee under the power conferred by this Act shall be subject to the like powers, authorities and discretions as are vested in the Committee and the Chairman by the provisions of the principal Act in respect of real and personal property referred to in the principal Act, and the said provisions, with such adaptations as may be necessary, shall apply accordingly.\n\n[Section 4 amended: No. 24 of 1997 s. 16.]\n\nNotes\n\n1 This is a compilation of the *Western Australian Turf Club (Property) Act 1944* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Short title** | | **Number and year** | | **Assent** | | **Commencement** | |\n| --- | --- | --- | --- | --- | --- | --- | --- |\n| *Western Australian Turf Club (Property) Act 1944* | | 8 and 9 Geo. VI, 1944 | | 21 Dec 1944 | | 21 Dec 1944 | |\n| *Turf Club Legislation Amendment Act 1997* Pt. 3 | | 24 of 1997 | | 24 Sep 1997 | | 24 Sep 1997 (see s. 2) | |\n| **Reprint 1: The *Western Australian Turf Club (Property) Act 1944* as at 14 Mar 2003** (includes amendments listed above) | | | | | | | |\n| *Standardisation of Formatting Act 2010* s. 50 | 19 of 2010 | | 28 Jun 2010 | | 11 Sep 2010 (see s. 2(b) and *Gazette* 10 Sep 2010 p. 4341) | |\n\n\n2 Under the *Land Administration Act 1997* s. 281(3), a reference in a written law to the *Land Act 1933* is, unless the contrary intention appears, to be construed as if that reference were a reference to the *Land Administration Act 1997*.\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\nChairman 3\n\nClub 3\n\nCommittee 3\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act’s core purpose—resolving doubts and confirming the Club’s power to acquire and deal with property—remains the same as its original intent. Later amendments mainly clarified operational mechanics (authorisation by Committee resolution; Secretary’s certification; registration procedure) and introduced procedural limits for certain Crown/trust-related land requiring Governor’s consent and possible conditions (ss 4(2a)–(2b)). Those additions impose administrative steps and potential financial conditions but do not materially expand the Act’s original substantive purpose of affirming the Club’s property powers."},"complexity_factors":["Short, single substantive operative section (s 4) with 5 subsections","Only 3 defined terms in interpretation section (Club, Chairman, Committee)","Several cross-references to the principal Act (The Western Australian Turf Club Act 1892) and to older Land/Transfer statutes (Land Act 1933 / Land Administration Act 1997; Transfer of Land Act 1893)","Conditional logic limiting the general power for particular categories of land (s 4(2a)–(2b))","Procedural evidentiary steps (Committee resolution, Secretary certification, Registrar discretion) spread across subsections","Amendments and reprints noted in compilation table but no extensive schedules or nested exceptions"],"plain_english_summary":"**What this Act does (mechanically)**\n\n- The Act confirms and restates the property powers of The Western Australian Turf Club (the \"Club\") that arise under the principal Act (The Western Australian Turf Club Act 1892). (Preamble; s 2.)\n- It defines three key terms used in the instrument: **Club**, **Chairman** and **Committee** (s 3).\n- The Committee is given, and is treated as having always had, the power to acquire (including by lease), hold, mortgage, dispose of (including by lease) and otherwise deal with **real and personal property** for Club purposes, and to enter into agreements to do those things (s 4(1)).\n- Where the Committee so resolves, the Chairman may execute agreements, transfers, leases, mortgages and other instruments in the Chairman’s name to give effect to the Committee’s decision (s 4(2)). A certified copy of the Committee minute signed by the Club Secretary is evidence that the Chairman acted with the Committee’s authority and in a fiduciary capacity (s 4(3)).\n- If land acquired by the Committee is registered in the Chairman’s name, the Registrar of Titles may accept a later transfer or dealing (to register it in another name) on production of a declaration by the Secretary that the land is Club property and that the signatory was the Chairman when the document was executed (s 4(4)).\n- The property acquired under this Act is subject to the same powers and discretions that apply under the principal Act, with whatever adaptations are necessary (s 4(5)).\n\n**Important limits and approvals**\n\n- The general powers do not automatically apply to two categories of land linked to the principal Act (land referred to in s 7 of the principal Act, and land demised under s 8 of the principal Act) unless the Governor gives consent on the recommendation of the Minister administering the Land Act 1933 (now to be read as the Land Administration Act 1997) (s 4(2a)).\n- That Governor’s approval may be subject to conditions, including payment to the Crown, and (if the Governor thinks fit) may discharge the land from any trust or purpose that would otherwise affect it by operation of this Act (s 4(2b)).\n\n**Why the Act exists (as stated) and how that maps to what it does**\n\n- The preamble says the Act was enacted to resolve doubts about the Club’s property powers under the 1892 Act and to deem the Club to have always had those powers. Mechanically, the Act does two things to achieve that: (a) it expressly confers and deems past exercise of broad property powers on the Committee (s 4(1)); and (b) it builds an operational scheme (Committee resolution → Chairman execution; Secretary’s certification for evidentiary and registration purposes) to make transactions workable (ss 4(2)–(4)).\n\n**Who it affects and who decides**\n\n- Primary actors: the Club’s Committee, the Chairman, and the Secretary (ss 3, 4). The Committee decides (by resolution) whether to authorise property dealings; the Chairman executes documents on the Committee’s authority; the Secretary provides the certified minutes or a declaration as required (ss 4(2), 4(3), 4(4)).\n- Secondary actors: the Registrar of Titles (who may accept the Secretary’s declaration for registration purposes — s 4(4)) and the Governor (who may approve certain dealings in Crown/trust land on the Minister’s recommendation and impose conditions, including payments to the Crown — ss 4(2a), 4(2b)).\n\n**Costs, incentives, trade-offs and implementation effects (practical mechanics and risks)**\n\n- Transaction cost reduction: The Act centralises authority to the Committee/Chairman model for executing property documents (s 4(2)), reducing the need for the Club to use multiple individual conveyancing steps for each transaction.\n- Evidence and registration simplification: The Secretary’s certified minute or declaration is admissible evidence for registration and for proving authority (ss 4(3)–(4)); this lowers documentary friction when title is nominally held in the Chairman’s name.\n- Concentration of title and fiduciary safeguard: The Act permits title to be registered in the Chairman’s name in practice but makes clear the Chairman acts as the Committee’s agent and in a fiduciary capacity (s 4(3)). That structure concentrates administrative control in a single office-holder for convenience while relying on internal Club governance and the Secretary’s certificate as safeguards.\n- Crown/Trust land constraint and potential cost: For the specific categories of land linked to the principal Act (ss 7 and 8), Governor’s consent is required and may carry conditions, including payment to the Crown or discharge of trust restrictions (ss 4(2a)–(2b)). That introduces a possible direct financial cost to the Club and an administrative approval step that can limit immediate freedom to deal with such land.\n- Registrar discretion and statutory interaction: Section 4(4) allows the Registrar of Titles to accept dealings accompanied by the Secretary’s declaration notwithstanding the Transfer of Land Act 1893, subject to other requirements of that Act. Practical effect: some dealings may be processed on the basis of Club certification rather than full private-party signatures, but the Registrar retains statutory compliance checks.\n- Implementation and compliance burden: Committee resolutions, Secretary certification and (where relevant) Governor’s approvals are procedural prerequisites. Failure to keep accurate records or comply with those procedures could create difficulties for registering or defending title.\n\n**Effects on private actors and markets**\n\n- The Act does not change market competition or general property law rules outside the Club context. It affects commercial counterparties by creating a recognised internal authority (the Chairman, acting under Committee resolution) with which they can validly contract for Club property transactions (s 4(2)).\n- The Governor’s power to impose payment conditions when approving Crown/Trust land dealings (s 4(2b)(a)) means that some transactions involving Club land may transfer money to the Crown, which is a direct cost to the Club and could affect pricing decisions if the Club were to commercialise or develop that land.\n\n**Concrete behaviour changes the law produces**\n\n- The Committee can acquire, mortgage and dispose of property for Club purposes without separate statutory authorisation for each transaction (s 4(1)).\n- The Chairman will commonly sign instruments on the Club’s behalf once authorised by Committee resolution, and the Secretary’s certification will be the documentary proof for registration (ss 4(2)–(4)).\n- For certain Crown/trust-related land, the Club must obtain Governor’s consent on Ministerial recommendation and may face conditions attached to that consent (ss 4(2a)–(2b)).\n\n**Sections to note when operating under the Act**\n\n- s 4(1): scope of property powers.\n- s 4(2)–(3): execution authority and evidence of authority (Committee resolution and Secretary certification).\n- s 4(2a)–(2b): exceptions and Governor’s conditional approval (includes possible payment to Crown and power to discharge trusts).\n- s 4(4): registration procedures involving Chairman-registered land and Secretary’s declaration.\n- s 4(5): property held is subject to the same powers/authorities as under the principal Act.\n\n"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrievable. The page hosting the Act has been taken down during a website upgrade. No comparison between original intent and current form is possible."},"complexity_factors":["Legislation text is entirely unavailable — only a broken page notice was retrieved","No provisions, definitions, schedules, or operative clauses are accessible for analysis","Cannot assess amendment history, cross-references, or regulatory interactions","Title alone provides only minimal contextual information"],"plain_english_summary":"The Western Australian Turf Club (Property) Act 1944 appears to be a 1944 state law concerning property rights or assets of the Western Australian Turf Club, likely affecting land ownership or asset management for that racing organisation. The full text is unavailable online, so its specific effects and obligations are uncertain; consult the WA legislation site, Parliamentary Counsel, or a lawyer for authoritative details."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: clarifying and confirming the Western Australian Turf Club's property dealing powers. The 1997 and 2010 amendments were minor formatting and machinery provisions that did not expand the scope beyond property transactions."},"complexity_factors":["Only 4 substantive sections plus preamble and short title","Just 3 defined terms (Club, Chairman, Committee)","Single clear operative provision (section 4) with straightforward subsections","Limited cross-referencing (only to the principal 1892 Act and Land Act)","No nested exceptions or complex conditional logic—only one straightforward limitation in subsection (2a) requiring Governor's consent for specific lands","Total length under 3 pages"],"plain_english_summary":"This is a short Western Australian law from 1944 that clears up legal confusion about whether the Western Australian Turf Club (the state's main horse racing club) could buy, sell, lease, or mortgage property.\n\n**What it does:**\n- **Fixes a legal doubt:** Before this Act, there was uncertainty whether the Turf Club had the legal power to deal with real estate and other assets under its original 1892 charter.\n- **Gives property powers:** It explicitly gives the Club's Committee (through its Chairman) the power to:\n  - Buy, lease, hold, mortgage, and sell property\n  - Enter into contracts and agreements\n- **Validates past actions:** It says the Club is deemed to have always had these powers (backdated legal protection).\n- **Special rules for Crown land:** The Club needs the Governor's approval (on the Minister's recommendation) to deal with certain government lands originally granted to the Club.\n- **Fixes land registration issues:** It helps the Registrar of Titles register land dealings when property is held in the Chairman's name but actually belongs to the Club.\n\n**Who it affects:**\n- The Western Australian Turf Club (now known as Perth Racing)\n- The Chairman and Committee members who execute property transactions\n- The Registrar of Titles (for land registration purposes)\n\n**Why it matters:**\nWithout this law, the Turf Club's ability to manage its racecourses, facilities, and investments could be legally challenged. It ensures the Club can operate like a normal property-owning entity while maintaining proper oversight for certain Crown lands."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/western-australian-turf-club-property-act-1944","history":"/api/acts/western-australian-turf-club-property-act-1944/history","analysis":"/api/acts/western-australian-turf-club-property-act-1944/analysis","conflicts":"/api/acts/western-australian-turf-club-property-act-1944/conflicts","importantCases":"/api/acts/western-australian-turf-club-property-act-1944/important-cases","documents":"/api/acts/western-australian-turf-club-property-act-1944/documents"}}