Sch 3Requirements for licensing of a body corporate and continuation of the licence of a body corporate

Schedule 3 — Requirements for licensing of a body corporate and continuation of the licence of a body corporate Notes Compilation table 138 Uncommenced provisions table 143 Other notes 143 Defined terms An Act — • to authorise, regulate and control the use of totalisators and betting with a wagering licensee; and • to authorise, regulate and control, betting and bookmaking on races, events and contingencies relating to races and events; and • for related purposes. [Long title amended: No. 49 of 1960 s. 3; No. 77 of 1976 s. 3; No. 63 of 1995 s. 42; No. 35 of 2003 s. 75; No. 70 of 2006 s. 4; No. 29 of 2009 s. 4; No. 37 of 2018 s. 49; No. 21 of 2019 s. 39.] ## Part 1 — Preliminary [Heading inserted: No. 35 of 2003 s. 101(1).] ##### 1. Short title This Act may be cited as the *Betting Control Act 1954*. ##### 2. Commencement This Act shall come into operation on a day to be fixed by proclamation. [Section 2 amended: No. 77 of 1976 s. 4.] [**3.** Deleted: No. 11 of 1992 s. 26.] ##### 4. Terms used (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); arrangement includes a contract, agreement and understanding; associate, of a wagering licensee, has the meaning given in section 7(2); approved area, in relation to racecourse, 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; assessment notice has the meaning given in section 14B(3); 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 agency means an agency established by a wagering licensee under section 10U; betting exchange has the meaning given in section 4AA; betting material includes — (a) any list, card, board, racebook, ticket, voucher or other record of any race or other 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; CEO means the chief executive officer of the Department; 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 definition of to bet; consumer protection policy has the meaning given in section 10I; contingency means a contingency relating to an event; controlling interest means an interest in not less than fifty per centum (50%) of the issued shares of the body corporate; Department means the department of the Public Service assisting the Minister in the administration of this Act; 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, events or contingencies; employee, in relation to a bookmaker, 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; event means a race or other event, whether or not of a sporting nature; fixed odds bet means a bet where a fixed amount that will be won if the bet is successful is determined before the bet is accepted; good repute, in relation to an associate of a wagering licensee, means good repute of the associate as determined under section 9(1); key employee, of a wagering licensee, has the meaning given in section 8(1); 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 has the meaning given in the *Gaming and Wagering Commission Act 1987* section 3(1); 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 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; position of authority, occupied in a body corporate, has the meaning given in subsection (3); 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; prescribed means prescribed in regulations; prohibited event or contingency means an event or contingency, or an event or contingency of a class, prescribed for the purposes of this definition; public interest, in relation to a wagering licence, has a meaning affected by section 9(2); 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; racecourse means a racecourse used for races; race meeting means a meeting at which races are held; racing club means a body which conducts race meetings; racing industry arrangement has the meaning given in section 10H(1); 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; and (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*; simulated race means a game — (a) that consists of animated images of a thoroughbred race, harness race or greyhound race; and (b) the outcome of which is only determined by a random number generator that draws a set of numbers from a larger set of numbers; 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 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 an 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; wagering business means the business of a wagering licensee conducted under a wagering licence; wagering licence has the meaning given in section 6(1); wagering licence agreement has the meaning given in section 10Q(1); wagering licensee has the meaning given in section 6(1); (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; and (aa) to a bookmaker, includes a reference to a licensed manager acting under section 11D(5); and (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; or (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; or (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: 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; No. 37 of 2018 s. 50; No. 41 of 2018 s. 4; No. 21 of 2019 s. 40 and 80; No. 53 of 2024 s. 4.] ##### 4AA. Term used: betting exchange In this Act — betting exchange means a facility, electronic or otherwise, that enables persons — (a) to place or accept, through the operator of the betting exchange, bets with other persons; or (b) to place with the operator of the betting exchange bets that, on acceptance, are matched with opposing bets placed with and accepted by the operator, but does not include a facility, electronic or otherwise, that enables persons to place bets only with a bookmaker or a totalisator. [Section 4AA inserted: No. 70 of 2006 s. 6.] ##### 4A. Application of this Act to certain sporting events other than races (1) This Act applies to the conduct of betting by the holder of a bookmaker’s licence in relation to a designated sporting event conducted by a permittee at a registered place as though — (a) the designated sporting event were a race; and (b) the permittee were a racing club; and (c) the registered place were a racecourse. (2) A person who desires to conduct a designated sporting event at a registered place shall — (a) apply to the Commission in a form approved by the Commission for the grant of a permit; and (b) indicate in that application the place at which the designated sporting event is to be conducted under the permit by that person. (3) An application under subsection (2) shall be accompanied by such information as is prescribed, and the applicant shall furnish the Commission with such additional information as the Commission directs. (4) The Commission may — (a) grant a permit applied for under subsection (2) and, if the place at which the designated sporting event is to be conducted under the permit by the applicant is not already registered under this subsection in respect of designated sporting events of the class to which the designated sporting event belongs, register that place in respect of designated sporting events of that class; or (b) refuse to grant a permit applied for under subsection (2); or (c) defer consideration of an application under subsection (2), as the Commission thinks fit. (5) The Commission may, with respect to a permit, impose conditions, restrictions and prohibitions in relation to the permittee or the registered place or both. (6) A permittee or other person shall not contravene any condition, restriction or prohibition imposed under subsection (5). (7) The Commission may, whether or not a person is convicted of an offence under subsection (6), cancel or suspend a permit if the Commission is satisfied that any condition, restriction or prohibition imposed under subsection (5) with respect to the permit has not been complied with. (8) In this section — permit means permit granted under subsection (4). [Section 4A inserted: No. 17 of 1998 s. 5(1); amended: No. 13 of 2002 s. 5; No. 35 of 2003 s. 102; No. 41 of 2018 s. 15(1); No. 21 of 2019 s. 42 and 80; No. 53 of 2024 s. 23.] ##### 4B. Application of this Act to events (1) This Act applies to the conduct of betting, by the holder of a bookmaker’s licence endorsed to authorise such betting, on an event or a contingency where bookmaking on that event, or that contingency, has been approved by the Commission under this section. (2) The Commission may approve bookmaking on or in relation to an event or a contingency, except a prohibited event or contingency. (3) An approval given under subsection (2) shall as soon as is practicable after it has been given be notified in the *Gazette*, and may be made subject to conditions, or to requirements as to the recording of bets, specified in that approval. (3A) The holder of a bookmaker’s licence endorsed to authorise bookmaking on an event or a contingency must comply with the conditions and requirements to which the approval of bookmaking on the event or contingency is subject under subsection (3). (4) It shall be a condition deemed to be applicable to every approval under this section that the bookmaking is carried on — (a) at a race course; and (b) subject to a permit having been granted or endorsed for betting of that kind by the committee or other authority controlling the race course, in accordance with section 12. (5) The Commission shall have the same functions, and may exercise like powers and perform like duties, in relation to betting on events other than races as in relation to a race. [Section 4B inserted: No. 11 of 1992 s. 28; amended: No. 63 of 1995 s. 44; No. 17 of 1998 s. 6; No. 35 of 2003 s. 102; No. 41 of 2018 s. 5; No. 53 of 2024 s. 5.] ##### 5. Legalisation of betting (1) Notwithstanding any law to the contrary, persons may, in accordance with this Act, lawfully bet by way of wagering or gaming on a race course — (a) on races; or (b) on an event or contingency, in accordance with section 4B, and their so doing does not of itself constitute a contravention of the law, and is not a ground for the race course or any part of it being deemed or declared to be, or to be used as, a common betting house or a common gaming house, or to be a common nuisance and contrary to the law. (2) The Commission may, if it is satisfied that adequate provision is made and maintained for the supervision of the proceedings at the premises in question and that all bets there made are brought to account, authorise, subject to such conditions, if any, as are specified in that authority — (a) the settlement of bets; and (b) the making of bets in relation to the practice known as “the calling of the card” on such occasions and events as are specified in that authority, at such premises as are specified in that authority, and despite any written law to the contrary the activities so authorised are, when carried on in compliance with any such conditions, lawful. (2a) The Commission may, if — (a) it is no longer satisfied within the meaning of subsection (2) in respect of an authority given under that subsection; or (b) it is satisfied that any condition to which that authority is subject has not been complied with, amend or cancel that authority. (2b) The Commission shall cause — (a) each authority given under subsection (2); and (b) each amendment or cancellation made under subsection (2a), to be published in the *Gazette* as soon as is practicable after it is given or made. (3) No person is liable to prosecution or conviction under the *Gaming and Wagering Commission Act 1987*, by reason of anything done pursuant to this Act but, subject to this Act, the provisions of that Act relating to common gaming houses and common betting houses, or unlawful betting, have effect. [Section 5 amended: No. 19 of 1960 s. 5; No. 28 of 1963 s. 2; No. 77 of 1976 s. 6; No. 78 of 1978 s. 3; No. 29 of 1985 s. 6; No. 34 of 1985 s. 4; No. 74 of 1987 s. 4; No. 11 of 1992 s. 30; No. 63 of 1995 s. 45; No. 14 of 1996 s. 4; No. 17 of 1998 s. 7(1); No. 35 of 2003 s. 77 and 102; No. 41 of 2018 s. 6.] ##### 5A. Communication and broadcasting of information Despite the provisions of any other Act it is lawful — (a) to communicate information from a race course or a venue at which an event is held to a totalisator agency for or in connection with the payment or crediting of dividends or winnings to persons making bets through RWWA; or (b) in relation to a totalisator, to broadcast information as to the amount of dividends payable on any event on which the bets have been made through or with RWWA, after those dividends have been declared on the totalisator or by RWWA. [Section 5A inserted: No. 35 of 2003 s. 78; amended: No. 41 of 2018 s. 7.] ##### 5C. Betting on simulated races This Act authorises betting on a simulated race only if the betting is conducted by a wagering licensee in accordance with the licensee’s wagering licence. [Section 5C inserted: No. 21 of 2019 s. 46.] [**6A‑6G.** Deleted: No. 35 of 2003 s. 79.] ## Part 1A — Wagering licences ### Division 1 — General ##### 6. Wagering licence and wagering licensee (1) A licence (a wagering licence) may be granted under this Act to a person (a wagering licensee) to conduct totalisator betting and fixed odds betting on a race, event or simulated race. (2) Except as provided in subsection (3), this Part does not authorise the operation at the same time of more than 1 wagering licence. (3) A wagering licence (a new licence) may be granted while another wagering licence (an ending licence) is in effect if — (a) the new licence takes effect after the ending licence has ceased to have effect; and (b) preparatory action is required in relation to the new licence under section 10D. [Section 6 inserted: No. 21 of 2019 s. 47.] ##### 7. Associates executive officer, in relation to a body (whether incorporated or not), means — (a) a director, secretary or member of the committee of management of the body (by whatever name called); or (b) any other person who is concerned with, or takes part in, the management of the body, whether or not the person’s position is given the name of executive officer; relative, in relation to an individual, means — (a) the spouse or de facto partner of the individual; or (b) a parent, son, daughter, brother or sister of the individual; or (c) a parent, son, daughter, brother or sister of the spouse or de facto partner of the individual; relevant financial interest, in relation to a wagering business, means — (a) any share, whether held directly or indirectly, in the capital of the business; or (b) any entitlement, whether held directly or indirectly, to receive any income derived from the business; or (c) any entitlement, whether held directly or indirectly, to receive any payment as a result of money advanced; relevant power means any power, whether exercisable by voting or otherwise, whether exercisable alone or in association with others and whether held directly or indirectly — (a) to participate in any directorial, managerial, or executive decision; or (b) to elect or appoint any person as an executive officer. (2) In this Part, an associate of a wagering licensee or an applicant for a wagering licence is a person, other than a key employee, who is any of the following — (a) a person who — (i) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the wagering business of the licensee or applicant; and (ii) by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the management or operation of that business; (b) a person who is or will be an executive officer, whether in right of the person or on behalf of any other person, of — (i) the licensee or applicant; or (ii) any other body involved in the wagering business of the licensee or applicant; (c) if the licensee or applicant is an individual, a person who is a relative of the licensee or applicant. [Section 7 inserted: No. 21 of 2019 s. 47.] ##### 8. Key employees (1) In this Part, a key employee of a wagering licensee is a person who — (a) is employed by, or working for the benefit of, the wagering licensee and is empowered to make decisions, involving the exercise of that person’s discretion, that regulate the wagering business of the wagering licensee; or (b) because of the person’s influence, remuneration or function, the Commission determines in the public interest should be designated accordingly. (2) The regulations may — (a) require key employees to be persons who are licensed, provisionally or otherwise, by the Commission; and (b) make provision as to the licensing of key employees, and the conditions and fees applicable to the licensing; and (c) make provision for the disciplinary action that the Commission may take in relation to a key employee including the following — (i) the service of a letter of censure on the employee; (ii) the imposition on the employee of a fine not exceeding $1 000; (iii) the cancellation or suspension of the licence held by the employee. [Section 8 inserted: No. 21 of 2019 s. 47.] ##### 9. Determinations of good repute and public interest (1) In this Part, a determination of whether someone is, or is not, of good repute must be made having regard to the person’s character, honesty and integrity. (2) In this Part, a determination whether something relating to a wagering licence is in the public interest must be made having regard to the need for the creation and maintenance of public confidence and trust in the credibility, integrity and stability of the wagering business under the licence. [Section 9 inserted: No. 21 of 2019 s. 47.] ### Division 2 — Applications for and grant of wagering licences ##### 10. Application for wagering licence (1) The Minister may, in a manner determined by the Minister, invite persons to apply for the grant of a wagering licence. (2) An application for a wagering licence must be — (a) made in a form approved by the Minister; and (b) accompanied by such information and documents as the Minister requires. [Section 10 inserted: No. 21 of 2019 s. 47.] ##### 10A. Grant of wagering licence (1) The Minister may grant a wagering licence on an application under section 10 if the Minister determines that the granting of the licence is in the public interest. (2) In particular, the Minister must consider the following — (a) whether the applicant, and each associate of the applicant, is of good repute; (b) whether the applicant has financial capacity to conduct a wagering business; (c) whether the applicant has the operational capability to conduct the activities to be authorised by the wagering licence; (d) whether the applicant has entered into a wagering licence agreement; (e) whether the applicant has entered into a racing industry arrangement; (f) any consumer protection policy proposed by the applicant; (g) any other matter the Minister considers relevant. (3) The Minister may request the advice of the Commission in determining the application. [Section 10A inserted: No. 21 of 2019 s. 47.] ##### 10B. Fee for wagering licence (1) A wagering licensee must pay a fee for the wagering licence in accordance with the terms of the licence. (2) The wagering licence may specify the fee as 1 or more amounts payable — (a) on the grant of the licence or at a later time or times specified in the licence; or (b) each year for the duration of the licence, at a time or times specified in the licence. (3) An amount referred to in subsection (2) may be — (a) a monetary figure specified in the wagering licence; or (b) the outcome from the application of a formula specified in the licence for calculating the amount. (4) The fee may include 1 or more penalties for late payment. (5) The fee (comprising 1 or more amounts referred to in subsection (2) and any penalties referred to in subsection (4)) may be recovered as a debt due to the State in a court of competent jurisdiction. (6) To the extent that the fee payable under subsection (1) is a tax, this subsection imposes the fee. [Section 10B inserted: No. 21 of 2019 s. 47; amended: No. 22 of 2019 s. 4.] ##### 10C. Duration of wagering licence (1) A wagering licence — (a) takes effect at the time the licence is granted or at a later time specified in the licence; and (b) is valid for 40 years, or any lesser period stated in the wagering licence, unless — (i) cancelled or surrendered earlier in accordance with this Part; or (ii) extended under this section. (2) If invited by the Minister to do so, the wagering licensee may, before the wagering licence expires, apply to the Minister for a licence extension. (3) On application under subsection (2), the Minister may extend the wagering licence for a period determined by the Minister, after consulting — (a) the Commission; and (b) any other person the Minister considers appropriate. (4) A wagering licence may be extended under this section more than once, but the total cumulative period for which a wagering licence may be extended under this section cannot exceed 2 years from the day on which the licence would otherwise expire. (5) A wagering licence cannot be renewed, but a person who holds or has held a wagering licence may apply for a subsequent wagering licence if invited by the Minister to do so. [Section 10C inserted: No. 21 of 2019 s. 47.] ##### 10D. Wagering licence may authorise preparatory action preparatory action, in relation to a wagering licence — (a) means anything necessary or convenient to be done for the purpose of conducting any activities authorised by the licence; but (b) does not include the acceptance of a bet or the payment of a dividend. (2) This section applies to a wagering licence if the licence takes effect at a time specified in the licence that is later than the time of grant of the licence. (3) The wagering licence may authorise the wagering licensee to take preparatory action from a time specified in the licence (which may be the time of grant) even though the licence has not taken effect. (4) An authorisation under subsection (3) may specify a single time from which any preparatory action may be taken or different times from which different kinds of preparatory action may be taken. (5) A time specified from which preparatory action may be taken must not be more than 18 months before the time the wagering licence takes effect. (6) Despite section 10C(1)(a), the wagering licence is taken to be in effect for the purpose of any preparatory action taken in accordance with an authorisation under subsection (3). (7) No account is to be had to this section in determining the term of the licence under section 10C(1)(b). [Section 10D inserted: No. 21 of 2019 s. 47.] ##### 10E. Transfer of wagering licence (1) A wagering licensee that is a body corporate may, with the approval of the Minister, transfer the wagering licence to a related body corporate as defined in the *Corporations Act 2001* (Commonwealth) section 9 (the new licensee). (2) The wagering licensee may apply to the Minister to approve the transfer. (3) The application must be — (a) made at least 60 days before the day of the intended transfer; and (b) made in a form approved by the Minister; and (c) accompanied by such information and documents as the Minister requires. (4) The Minister may approve the transfer if the Minister, after consulting the Commission, determines that the transfer is in the public interest. (5) Section 10A(2) applies to the Minister’s approval of the transfer as if a reference in that provision to the applicant were a reference to the new licensee. (6) If the Minister approves the transfer — (a) the Minister may make any necessary amendments to the wagering licence; and (b) any costs incurred by the Minister may be recovered as a debt due to the State in a court of competent jurisdiction; and (c) for the purposes of this Part, the new licensee is taken to have been granted the licence under section 10A. [Section 10E inserted: No. 21 of 2019 s. 47.] ##### 10F. No proprietary right in wagering licence (1) A wagering licence does not confer a right of property and is incapable of being assigned or mortgaged, charged or otherwise encumbered. (2) In accordance with paragraph (d) of the definition of ***licence*** in the *Personal Property Securities Act 2009* (Commonwealth) section 10, a wagering licence is declared not to be personal property for the purposes of that Act. (3) Nothing in this section prevents a wagering licensee from conducting activities authorised by the wagering licence in the course of a joint venture or other arrangement to which the wagering licensee is a party. [Section 10F inserted: No. 21 of 2019 s. 47.] ### Division 3 — Conditions of wagering licences ##### 10G. Financial assurance (1) It is a condition of a wagering licence that the wagering licensee must provide financial assurance of a kind, and within the time, specified in the licence. (2) The requirement to provide financial assurance continues to apply during any period of suspension and may, in accordance with the terms of the wagering licence, continue to apply after the licence has — (a) expired; or (b) been cancelled or surrendered. [Section 10G inserted: No. 21 of 2019 s. 47.] ##### 10H. Racing industry arrangement (1) It is a condition of a wagering licence that the wagering licensee must have in place, and give effect to, an arrangement with RWA (a racing industry arrangement) that makes provision for — (a) the wagering licensee to provide funding to RWA; and (b) the wagering licensee to perform other obligations in relation to the racing industry in the State; and (c) any other related matters. (2) A copy of the documents comprising the racing industry arrangement must be provided to the Minister as soon as practicable after the arrangement has been entered into. [Section 10H inserted: No. 21 of 2019 s. 47.] ##### 10I. Consumer protection policy It is a condition of a wagering licence that the wagering licensee must have in place, and give effect to, a policy (a consumer protection policy) approved by the Commission for responsible gambling, harm minimisation and consumer protection. [Section 10I inserted: No. 21 of 2019 s. 47.] ##### 10J. General provisions relating to bets with wagering licensee (1) A wagering licensee, officer, employee or agent of a wagering licensee, or employee of an agent of a wagering licensee, must not accept a bet unless a bet is made in accordance with this section — (a) at a betting agency; or (b) except in the case of a bet on a simulated race, by telephone or electronic communication directly to the wagering licensee. (2) A wagering licensee must not accept a bet involving the provision of credit by the wagering licensee. [Section 10J inserted: No. 21 of 2019 s. 47.] ### Division 4 — Disciplinary and other actions concerning wagering licences ##### 10K. Commission may take or recommend disciplinary action direction — (a) means a direction to a wagering licensee under this Part; and (b) includes a direction to a former wagering licensee under section 10P; disciplinary action means action under subsection (4) or (6); grounds, for disciplinary action against a wagering licensee in relation to the licensee’s wagering licence, means any of the following — (a) that the wagering licensee has contravened any of the following — (i) a provision of this Act or the *Gaming and Wagering Commission Act 1987*; (ii) the regulations; (iii) rules of betting; (iv) a condition of the wagering licence; (v) a direction; (vi) the rules or arrangements referred to in section 10S(2); (b) that the wagering licensee has failed to use reasonable endeavours to ensure that an officer, employee, agent or contractor of the wagering licensee does not contravene any of the following — (i) a provision of this Act or the *Gaming and Wagering Commission Act 1987*; (ii) the regulations; (iii) rules of betting; (iv) a condition of the wagering licence; (v) a wagering licence agreement; (vi) a direction; (vii) the rules or arrangements referred to in section 10S(2); (c) that an associate of the wagering licensee, if an individual, has been convicted of an offence involving fraud or dishonesty the statutory penalty for which is imprisonment for more than 6 months or a fine of $100 000 or more; (d) that the wagering licensee has become a Chapter 5 body corporate within the meaning of the *Corporations Act 2001* (Commonwealth); (e) that the wagering licensee is not, or is no longer, a suitable person or body to conduct the activities authorised by the wagering licence; (f) that the wagering licensee has failed to discharge the licensee’s financial obligations to a person betting with the licensee. (2) The Commission may give a wagering licensee a notice specifying the grounds on which the Commission considers disciplinary action should be taken in relation to the licensee’s wagering licence. (3) The wagering licensee may, within 28 days after the notice is given, make submissions to the Commission as to why disciplinary action should not be taken. (4) After considering any submissions made under subsection (3), the Commission may — (a) take either or both of the following actions — (i) give a letter of censure to the wagering licensee; (ii) require the wagering licensee to pay a monetary penalty of up to $1 000 000; or (b) make a written report to the Minister recommending that the Minister take action under section 10L against the licensee. (5) A letter of censure under subsection (4)(a)(i) may — (a) censure the wagering licensee in respect of any matter connected with the management or operation of its wagering business; and (b) include a direction to the wagering licensee to rectify within a specified time any matter giving rise to the letter of censure. (6) If a direction given under subsection (5)(b) is not complied with in the specified time, the Commission may — (a) require the wagering licensee to pay a monetary penalty of up to $1 000 000; or (b) make a written report to the Minister recommending that the Minister take action against the licensee under section 10L. (7) The Commission may require the wagering licensee to pay a monetary penalty under subsection (6)(a) whether or not the Commission has already required the licensee to pay a monetary penalty under subsection (4)(a)(ii) in relation to the same matter. (8) A monetary penalty imposed under this section may be recovered as a debt due to the State in a court of competent jurisdiction. (9) A report under subsection (4)(b) or (6)(b) must include the reasons for the findings and recommendations contained in it. (10) This section, other than subsection (4)(b) and (6)(b), applies with any necessary modifications to a former wagering licensee in respect of grounds for disciplinary action arising in relation to the licensee’s former wagering licence. [Section 10K inserted: No. 21 of 2019 s. 47; amended: No. 14 of 2025 s. 5.] ##### 10L. Minister’s power to amend, suspend or cancel wagering licence (1) If the Commission makes a report to the Minister under section 10K(4)(b) or (6)(b), the Minister may — (a) take 1 of the following actions — (i) amend the wagering licence; (ii) suspend the licence; (iii) cancel the licence; or (b) if the Minister determines that action under paragraph (a) is not warranted, remit the matter to the Commission with a request that the Commission consider whether action should be taken against the wagering licensee under section 10K(4)(a). (2) In determining whether to take action under this section, the Minister — (a) must take into account whether taking the action is in the public interest; and (b) is entitled to rely on the findings and recommendations in the report of the Commission under section 10K(4)(b) or (6)(b); and (c) is not required to give the wagering licensee a further opportunity to be heard or make submissions. (3) If the Minister remits a matter to the Commission under subsection (1)(b), the Commission is not required to give the wagering licensee a further opportunity to be heard or make submissions before taking action against the licensee under section 10K(4)(a). (4) Cancellation, suspension or amendment of a wagering licence under this section takes effect — (a) when written notice is given to the wagering licensee; or (b) on a later date specified in the notice. [Section 10L inserted: No. 21 of 2019 s. 47.] ##### 10M. Suspension of wagering licence (1) The Minister may, by written notice, suspend a wagering licence under section 10L(1)(a)(ii) — (a) until a date specified in the notice; or (b) if the notice specifies it, until the Minister — (i) is satisfied that a direction under section 10K(5)(b) has been complied with; and (ii) notifies the wagering licensee in writing that the suspension has been lifted. (2) Alternatively, the Minister may partially suspend a wagering licence (for example, in respect of the conduct of a wagering service at a specified racecourse or venue for a specified race or event) until — (a) a date, as referred to in subsection (1)(a); or (b) the happening of an occurrence referred to in subsection (1)(b). [Section 10M inserted: No. 21 of 2019 s. 47.] ##### 10N. Surrender of wagering licence (1) A wagering licensee may surrender the licensee’s wagering licence by giving written notice to the Minister. (2) The surrender takes effect only if the Minister consents to the surrender. [Section 10N inserted: No. 21 of 2019 s. 47.] ##### 10O. Appointment of temporary licensee if wagering licence suspended, cancelled, surrendered (1) This section applies if — (a) a wagering licence is suspended, cancelled or surrendered; and (b) the Minister determines that — (i) another person (a temporary licensee), and each associate of the temporary licensee, is of good repute; and (ii) it is otherwise in the public interest to make the appointment. (2) The Minister may, by notice in writing, appoint the temporary licensee to be a wagering licensee. (3) The provisions of this Act, other than sections 10, 10A, 10C, 10K(4)(b) and (6)(b), 10L and 10M, apply, with the necessary modifications, to the temporary licensee as if the temporary licensee had been granted a wagering licence under section 10A. (4) The Minister may impose any conditions on the appointment as the Minister thinks fit. (5) The appointment ends when the first of these things occurs — (a) the period of 2 years after the appointment, or any shorter period specified in the appointment, ends; (b) in the case of a suspended wagering licence, the suspension ends; (c) the Minister terminates the appointment under subsection (6). (6) The Minister may terminate the appointment at any time, as the Minister thinks fit. [Section 10O inserted: No. 21 of 2019 s. 47.] ##### 10P. Directions necessary for transitioning to new wagering licence (1) The Minister may issue to a wagering licensee (a former licensee) any directions necessary to enable the Minister to — (a) grant a wagering licence to another person under section 10A and provide for the transition to the other person of activities conducted under the wagering licence; or (b) appoint a temporary licensee under section 10O and provide for the transition to the temporary licensee of activities conducted under the wagering licence. (2) The directions may be given at any time within 2 years before or 2 years after the cancellation, surrender or expiry, as the case requires, of the former licensee’s wagering licence. [Section 10P inserted: No. 21 of 2019 s. 47.] ### Division 5 — Miscellaneous ##### 10Q. Wagering licence agreements (1) The Minister may enter into an agreement (a wagering licence agreement) with an applicant for a wagering licence, or the wagering licensee, in respect of matters related to the licence. (2) The wagering licence may provide that a contravention of a term of a wagering licence agreement is taken to be a contravention of a condition of the licence and, in that case, the contravention is taken to be a contravention of a condition of the licence for the purposes of determining under section 10K whether there are grounds for disciplinary action against the wagering licensee in relation to the licence. [Section 10Q inserted: No. 21 of 2019 s. 47.] ##### 10R. Minister may amend wagering licence on request (1) A wagering licensee may, by written request to the Minister, propose an amendment to the wagering licence. (2) The Minister must consult the Commission before deciding whether to grant or refuse the request. (3) The Minister must notify the wagering licensee in writing of the Minister’s decision in relation to the request. (4) If the Minister decides to approve the requested amendment, the amendment takes effect — (a) when notice of the Minister’s decision is given to the wagering licensee; or (b) on a later date specified in the notice. [Section 10R inserted: No. 21 of 2019 s. 47.] ##### 10S. Combined totalisator pool and fixed odds schemes (1) A wagering licensee may operate and participate with other persons approved by the Commission in a combined totalisator pool scheme or combined fixed odds scheme (a scheme) approved by the Commission. (2) Despite any provision of the regulations or rules of betting, and except as provided in subsections (4) and (5), the wagering licensee may, when participating in a scheme — (a) adopt and operate under any rules relating to the operation or administration of the scheme, including in relation to the amount deducted from a bet by way of commission under the scheme; or (b) with the approval of the Commission, make other arrangements for the administration of the scheme. (3) The wagering licensee must ensure that a copy of any rules adopted, or arrangements made, under subsection (2), and any subsequent amendment to those rules or arrangements, is — (a) delivered to the Commission; and (b) published in a manner approved by the Commission. (4) If the Commission determines that the adoption of any rules under subsection (2)(a) or making of any arrangements under subsection (2)(b) is, or will be, detrimental to the public interest, the Commission may, as the case requires and in accordance with the regulations, direct the wagering licensee not to adopt the rules or make the arrangements. (5) The wagering licensee must comply with the direction. [Section 10S inserted: No. 21 of 2019 s. 47.] ##### 10T. Engaging contractors and appointing agents to assist wagering licensee (1) A wagering licence may authorise the wagering licensee to engage a person on contract, or to appoint an agent, to assist in the conduct of the wagering business under the licence. (2) The engagement of a person, or the appointment of an agent, by the wagering licensee does not affect any function or obligation of the wagering licensee under this Part, the wagering licence or a wagering licence agreement. [Section 10T inserted: No. 21 of 2019 s. 47.] ##### 10U. Betting agencies (1) Except as provided in this section and section 10V, a wagering licensee may establish agencies where bets may be made with the wagering licensee. (2) The wagering licensee must not establish a betting agency on a racecourse without the prior approval of the committee or other authority controlling the racecourse. (3) The wagering licensee may establish a betting agency in licensed premises in accordance with an approval under the *Liquor Control Act 1988* section 119A. (4) The wagering licensee must not establish a betting agency unless it has given the Commission written notice of its intention to establish the agency. (5) A notice must be given in a form approved by the Commission. (6) A totalisator agency operating immediately before the day on which the *TAB (Disposal) Act 2019* section 129 comes into operation is, on and after that day, taken to be a betting agency for the purposes of this Act and subsection (4) does not apply to that agency. [Section 10U inserted: No. 21 of 2019 s. 47.] ##### 10V. Directions relating to betting agencies (1) If the Commission determines that the conduct of betting at a betting agency or a proposed betting agency is, or will be, detrimental to the public interest, the Commission may, as the case requires and in accordance with the regulations, direct the wagering licensee — (a) to close the betting agency; or (b) not to establish the betting agency. (2) The wagering licensee must comply with the direction. [Section 10V inserted: No. 21 of 2019 s. 47.] ##### 10W. Wagering licensee to give notice to Commission about certain matters (1) A wagering licensee must give to the Commission written notice of the following — (a) that the wagering licensee, or an associate or key employee of the wagering licensee, has been convicted of an offence under a written law other than this Act or the *Gaming and Wagering Commission Act 1987* or under the law of another State, a Territory or the Commonwealth; (b) that disciplinary action has been taken against the wagering licensee, or an associate or key employee of the wagering licensee, by an equivalent regulator to the Commission in another State or a Territory; (c) any other prescribed matter. (2) For the purposes of subsection (1), the wagering licensee must give the notice within 7 days of becoming aware of the conviction, disciplinary action or other matter. [Section 10W inserted: No. 21 of 2019 s. 47.] ##### 10X. Approval of associates of wagering licensee associate does not include a person referred to in section 7(2)(c). (2) A wagering licensee must ensure that a person does not — (a) become an associate of the wagering licensee without the approval of the Commission; or (b) remain an associate of the wagering licensee after the approval of the Commission in respect of the person has been withdrawn. (3) A wagering licensee does not contravene subsection (2)(a) if — (a) the wagering licensee did not know, and could not reasonably have known, that the person would become an associate; and (b) as soon as practicable after the person becomes an associate, the wagering licensee — (i) notifies the Commission in writing of the association; and (ii) describes the circumstances giving rise to the association; and (iii) makes an application under subsection (4) in respect of the person. (4) The wagering licensee may apply to the Commission for the approval of a person to become or remain an associate of the wagering licensee. (5) The application — (a) must be in the form approved by the Commission; and (b) must be accompanied by the prescribed fee (if any). (6) In determining the application, the Commission must consider whether the person is of good financial standing and good repute. (7) Before determining the application, the Commission may give written notice to the person in respect of whom the application is made, directing the person to cease or refrain from conduct affecting the good repute of the person. (8) If the Commission refuses to approve an associate referred to in subsection (3), or withdraws an approval in respect of an associate, the Commission must give written notice to the associate and the wagering licensee directing them to terminate their association. (9) Without limiting subsection (8), the notice may — (a) direct the associate to dispose of a financial interest in the wagering business of the wagering licensee; or (b) direct the wagering licensee to remove the associate from a position from which the associate is able to exercise power over the wagering business of the wagering licensee. (10) An associate must comply with a direction under subsection (8) or (9)(a). Penalty for this subsection: a fine of $30 000. (11) A wagering licensee must, as soon as practicable, notify the Commission if a person ceases to be an associate of the wagering licensee. [Section 10X inserted: No. 21 of 2019 s. 47.] ##### 10Y. Commission may give directions to wagering licensee in relation to wagering business (1) The Commission may give a direction to a wagering licensee with respect to the following — (a) systems of internal control and administrative and accounting procedures for the wagering business of the wagering licensee; (b) a consumer protection policy. (2) A direction may be amended by the Commission as the Commission thinks fit. (3) A direction, or an amendment of a direction, has effect when written notice of it is given to the wagering licensee or on a later date specified in the notice. (4) The controls and procedures referred to in a direction, or in an amendment of a direction, may be described in words or represented diagrammatically, or by a combination of both methods. (5) A power of approval, or other function, of the Commission specified in a direction may, if the direction allows it, be exercised or carried out by a person or body to whom it has been delegated under the *Gaming and Wagering Commission Act 1987* section 16. (6) A power or function exercised by a delegate under subsection (5) is as effective as if it were exercised by the Commission. [Section 10Y inserted: No. 21 of 2019 s. 47.] ##### 10Z. Disclosure of certain information authorised For the purposes of the *Gaming and Wagering Commission Act 1987* section 20(3), the following is, when authorised by the Commission, taken to be a function performed in connection with that Act — (a) the communication of information concerning a person’s affairs to another regulatory body established, in Australia or elsewhere, in relation to the administration or control of betting or for law enforcement purposes; (b) the provision of statistical data relating to the operations of a wagering licensee, subject to the agreement of the wagering licensee; (c) compliance with a request by any person, in relation to the affairs of that person relating to betting under this Part. [Section 10Z inserted: No. 21 of 2019 s. 47.] ##### 10ZA. Amount deducted as commission by wagering licensee (1) A wagering licensee may deduct from a bet received by the licensee an amount by way of commission. (2) In relation to a bet with a totalisator, the amount must be — (a) an amount not exceeding that prescribed for the bet; or (b) an amount determined under the rules or arrangements referred to in section 10S(2). (3) A wagering licensee must not deduct an amount from a bet other than in accordance with this section. [Section 10ZA inserted: No. 21 of 2019 s. 47.] ##### 10ZB. Unclaimed moneys moneys means moneys payable by a wagering licensee by way of totalisator dividends, fixed odds winnings or refunds; Sports Wagering Account means the account established under the *Gaming and Wagering Commission Act 1987* section 110A; unclaimed, in relation to moneys, means unclaimed by any person entitled to them for 7 months after the moneys become payable. (2) The wagering licensee must pay moneys unclaimed in respect of bets made on sporting events into the Sports Wagering Account not later than the last business day of the month following the period of 7 months after the moneys become payable. (3) When moneys are paid into the Sports Wagering Account under subsection (2) — (a) the moneys become part of the funds of that Account; and (b) the person who was entitled to claim the moneys has no enforceable claim in respect of the moneys. (4) The wagering licensee must pay moneys that remain unclaimed in respect of bets other than bets made on sporting events to RWA not later than the last business day of the month following the period of 7 months after the moneys become payable. (5) When moneys are paid to RWA under subsection (4), the person who was entitled to claim the moneys has no enforceable claim in respect of the moneys. [Section 10ZB inserted: No. 21 of 2019 s. 47.] ##### 10ZC. Authorisation for *Competition and Consumer Act 2010* (Cth) and Competition Code entering into an arrangement — (a) means entering into the arrangement, whether alone or with others; and (b) includes any discussions and negotiations in respect of the arrangement; giving effect to an arrangement includes — (a) complying with any obligation under the arrangement; and (b) exercising or enforcing any right or power under the arrangement; specified person means any of the following — (a) the Minister; (b) an applicant for a wagering licence, a wagering licensee or a temporary licensee appointed under section 10O; (c) RWA; (d) a licensed racing club; (e) related bodies corporate, as defined in the *Corporations Act 2001* (Commonwealth), of the persons specified in paragraphs (a) to (d). (2) For the purposes of the *Competition and Consumer Act 2010* (Commonwealth) and the Competition Code of Western Australia, the following things are authorised by this Act — (a) the grant of a wagering licence or appointment of a temporary licensee under section 10O; (b) conduct authorised or required by or under the conditions of a wagering licence or appointment of a temporary licensee under section 10O; (c) the entering into, giving effect to, or amendment or enforcement, by specified persons of any of the following — (i) a wagering licence agreement; (ii) a racing industry arrangement; (iii) an arrangement associated with, and necessary or convenient for giving effect to, the RWA Act section 35(1); (d) a prescribed arrangement or class of arrangement; (e) an arrangement associated with, and necessary or convenient for giving effect to, a licence, appointment or arrangement referred to in this subsection. [Section 10ZC inserted: No. 21 of 2019 s. 47.] ##### 10ZD. Confidential police information (1) This section applies if — (a) the Minister — (i) refuses to grant or extend a wagering licence; or (ii) amends, suspends or cancels a wagering licence; and (b) the decision to do so is made solely or partly on the basis of confidential police information as defined in the *Gaming and Wagering Commission Act 1987* section 20A(1). (2) The Minister is not required to give any reasons for the decision other than that the decision is made in the public interest. [Section 10ZD inserted: No. 21 of 2019 s. 47.] ## Part 2 — Other licences, approvals and permits [Heading inserted: No. 35 of 2003 s. 101(2); amended: No. 21 of 2019 s. 48.] ##### 11. Licences and approvals relating to bookmaking (1) Applications for — (a) a bookmaker’s licence by a natural person, a partnership or a body corporate; or (b) a bookmaker’s manager licence; or (c) a bookmaker’s employee licence; or (d) the renewal of a bookmaker’s manager licence or a bookmaker’s employee licence; or (e) approval to become a member of a partnership that holds a bookmaker’s licence; or (f) approval to occupy a position of authority in a body corporate that holds a bookmaker’s licence, may be made to the Commission, which may grant or refuse an application for a licence, renewal or approval. (2) On an application in a form approved by the Commission accompanied by the prescribed fee being lodged with the Commission, and on such supporting information as the Commission may direct being furnished to the satisfaction of the Commission, and in the case of an application for a bookmaker’s licence subject also to section 11E(1) or (2), if the case requires, the Commission may grant the application and — (a) issue to the applicant a bookmaker’s licence; or (b) issue to the applicant, or renew, a bookmaker’s manager licence or a bookmaker’s employee licence. (3) A member or officer of the Commission may inspect and take copies of any records produced to the Commission under this Act, for use at the discretion of the Commission. (4) The suspension, cancellation or surrender of a licence does not — (a) affect the validity of a bond or other security entered into for the purposes of this Act by the holder or former holder of the licence, which security shall continue to have effect until discharged by the Commission; or (b) release the holder or former holder of the licence from any obligation in relation to a bet. (5) Where the holder of a licence is convicted of an offence under any other written law, or employs or engages in relation to the business carried on under the licence a person who is so convicted, the holder of the licence shall notify the Commission of the conviction within 7 days of becoming aware of the conviction and shall furnish to the Commission such information regarding that offence and the conviction as the Commission may require. (6) A body corporate that holds a bookmaker’s licence must, within 7 days after a person becomes or ceases to be a person who occupies a position of authority in the body corporate, lodge with the Commission a notice stating the full name and usual residential address of that person and the fact that the person has become or ceased to be such a person. Penalty for this subsection: a fine of $25 000. (6A) A body corporate that holds a bookmaker’s licence must, in the month of July in each year, lodge with the Commission a return in a form approved by the Commission. (6B) Each person who is a member of a partnership that holds a bookmaker’s licence must, within 7 days after a person becomes or ceases to be a member of the partnership, lodge with the Commission a notice stating the full name and usual residential address of that person and the fact that the person has become or ceased to be a member. (6C) Each person who is a member of a partnership that holds a bookmaker’s licence must, in the month of July in each year, lodge with the Commission a return in a form approved by the Commission. (6D) A member of a partnership who is otherwise required to comply with subsection (6B) or (6C) need not comply with the subsection if another member of the partnership has complied with the subsection. (7) The annual return must state — (a) the full name and usual residential address of every person who on 30 June preceding the lodging of the return was a person who occupied a position of authority in the body corporate or was a member of the partnership, as the case may be; and (b) any other prescribed matter. [Section 11 inserted: No. 13 of 2002 s. 7; amended: No. 35 of 2003 s. 102; No. 41 of 2018 s. 15(1); No. 53 of 2024 s. 6.] ##### 11A. Bookmaker’s licence — natural person (1) When determining whether or not to approve an application by a natural person under section 11 for a bookmaker’s licence, the Commission — (a) shall be satisfied that the applicant has knowledge of the business of bookmaking and the obligations of bookmakers under this Act; and (b) shall be satisfied that the applicant is not — (i) a member of a partnership that holds a bookmaker’s licence; or (ii) a person who occupies a position of authority in a body corporate that holds a bookmaker’s licence; and (c) shall be satisfied that the applicant is a fit and proper person and that no circumstances make it undesirable to grant a licence to that person; and (d) may take into account not only the applicant but also the repute and background of persons suspected by the Commission to be associated with the applicant. (2) Subject to the provisions of this Act, a bookmaker’s licence that is granted to a natural person, unless the licence is suspended or cancelled pursuant to a determination made administratively by the Commission in the exercise of prescribed disciplinary powers, remains current during the lifetime of the holder or until the licence is surrendered. (3) No bookmaker’s licence held by a natural person shall be transferable or pass to the personal representative of a deceased licensee or be, or be capable of being treated as, an asset in or the subject of any partnership. (4) The Commission shall not grant a bookmaker’s licence to a natural person if that person — (a) is under the age of 18 years; or (b) is, according to the *Interpretation Act 1984* section 13D, a bankrupt. (5) A bookmaker’s licence held by a natural person subject to, and in accordance with, the provisions of this Act and the terms and conditions of the licence, entitles the holder to carry on the business of a bookmaker — (a) in person, or through the agency of a licensed employee, upon a racecourse if the person holds a permit to do so from the committee or other authority controlling the racecourse; and (b) in person, or through the agency of a licensed employee, at a place, upon an occasion and in respect of an event authorised under section 5(2). [Section 11A inserted: No. 13 of 2002 s. 7; amended: No. 35 of 2003 s. 102; No. 18 of 2009 s. 11(2); No. 21 of 2019 s. 80.] ##### 11B. Bookmaker’s licence — partnership (1) For a partnership to be, or to continue to be, licensed as a bookmaker under this Act, the Commission shall be satisfied — (a) if a member of the partnership is a body corporate, that the body corporate satisfies and continues to satisfy the matters in relation to which the Commission shall be satisfied under section 11C(1)(a) to (e); and (b) if a member of the partnership is a body corporate, that a person who occupies a position of authority in the body corporate satisfies and continues to satisfy the matters referred to in section 11C(3)(a) to (g); and (c) that none of the members of the partnership is a member of another partnership that holds a bookmaker’s licence; and (d) if the members of the partnership are all natural persons, that at least one member of the partnership has knowledge of the business of bookmaking and the obligations of bookmakers under this Act; and (e) that — (i) none of the members of the partnership holds a bookmaker’s licence; and (ii) none of the members of the partnership is a person who holds a position of authority in a body corporate that holds a bookmaker’s licence; and (f) that each member of the partnership who is a natural person is a fit and proper person and that no circumstances make it undesirable to grant a licence to the partnership. (2) For the purpose of being satisfied as to the matters referred to in subsection (1)(f), the Commission may take into account not only the member of the partnership but also the repute and background of persons suspected by the Commission to be associated with the partnership or the members of the partnership who are natural persons. (3) The Commission shall not grant a bookmaker’s licence to a partnership if a member of the partnership is a natural person who — (a) is under the age of 18 years; or (b) is, according to the *Interpretation Act 1984* section 13D, a bankrupt. (4) A natural person shall not become a member of a partnership that holds a bookmaker’s licence unless that person has been approved by the Commission to become a member of the partnership. (5) When determining whether or not to approve a natural person to become a member of a partnership that holds a bookmaker’s licence the Commission shall be satisfied that the person is a fit and proper person and that — (a) the person is not a member of another partnership that holds a bookmaker’s licence; and (b) the person does not hold a bookmaker’s licence; and (c) the person does not hold a position of authority in a body corporate that holds a bookmaker’s licence; and (d) the person is not under the age of 18 years; and (e) the person is not, according to the *Interpretation Act 1984* section 13D, a bankrupt. (6) For the purpose of being satisfied that the person is a fit and proper person, the Commission may take into account not only the person but also the repute and background of persons suspected by the Commission to be associated with the person. (7) Subject to the provisions of this Act, a bookmaker’s licence that is granted to a partnership, unless suspended or cancelled pursuant to a determination made administratively by the Commission in the exercise of prescribed disciplinary powers, remains current until the partnership is dissolved or until the licence is surrendered. (8) No bookmaker’s licence held by a partnership shall be transferable or pass to the personal representative of a deceased partner. (9) A partnership that holds a bookmaker’s licence can only carry on the business of a bookmaker by means of a licensed manager or licensed employee. (10) A bookmaker’s licence held by a partnership subject to, and in accordance with, the provisions of this Act and the terms and conditions of the licence, entitles the partnership to carry on the business of a bookmaker — (a) upon a racecourse if the partnership holds a permit to do so from the committee or other authority controlling the racecourse; or (b) at a place, upon an occasion and in respect of an event authorised under section 5(2). (11) Each person who is a member of a partnership that holds a bookmaker’s licence shall ensure that the conduct of the business as a bookmaker by the partnership is not carried on personally otherwise than — (a) by a licensed manager; or (b) by a licensed employee appointed to act as a licensed manager under subsection (12). (12) If a licensee that is a partnership does not have a licensed manager, the licensee may appoint a licensed employee to act as the licensed manager and to carry on the business of the licensee as a bookmaker for a period of not more than 28 days or such longer period as the Commission approves. (13) If a person ceases to be the licensed manager of a licensee that is a partnership, the person shall inform the Commission in writing within 7 days of so ceasing. (14) If a person ceases to be the licensed manager of a licensee that is a partnership, each person who is a member of the partnership shall ensure that a new licensed manager is appointed within 28 days of the previous licensed manager ceasing to be the manager or within such longer period as the Commission has approved. [Section 11B inserted: No. 13 of 2002 s. 7; amended: No. 35 of 2003 s. 102; No. 18 of 2009 s. 11(3) and (4); No. 41 of 2018 s. 15(1); No. 21 of 2019 s. 80; No. 53 of 2024 s. 23.] ##### 11C. Bookmaker’s licences — body corporate (1) For a body corporate to be, or to continue to be, licensed as a bookmaker under this Act, the Commission — (a) shall be satisfied that the requirements set out in Schedule 3 are complied with in respect of that body corporate; and (b) shall be satisfied that none of the persons holding a position of authority in the body corporate — (i) holds a bookmaker’s licence; and (ii) is a member of a partnership that holds a bookmaker’s licence; and (iii) is a person who holds a position of authority in another body corporate that holds a bookmaker’s licence; and (iv) is under the age of 18 years; and (v) is, according to the *Interpretation Act 1984* section 13D, a bankrupt; and (c) shall be satisfied that each person who occupies a position of authority in the body corporate has been approved by the Commission to occupy that position; and (d) shall be satisfied that at least one director of the body corporate has knowledge of the business of bookmaking and the obligations of bookmakers under this Act; and (e) shall be satisfied that no circumstances make it undesirable to grant a licence to the body corporate. (2) A person shall not occupy a position of authority in a body corporate that holds a bookmaker’s licence unless that person has been approved by the Commission to occupy that position. (3) When determining whether or not to approve a person who occupies or seeks to occupy a position of authority in a body corporate that has applied for or holds a licence the Commission — (a) shall be satisfied that the person has lodged a security under section 11E(2), if required to do so by the Commission; and (b) shall be satisfied that the person does not hold a bookmaker’s licence; and (c) shall be satisfied that the person is not a member of a partnership that holds a bookmaker’s licence; and (d) shall be satisfied that the person does not hold a position of authority in another body corporate that holds a bookmaker’s licence; and (e) shall be satisfied that the person is not under the age of 18 years; and (f) shall be satisfied that the person is not, according to the *Interpretation Act 1984* section 13D, a bankrupt; and (g) shall be satisfied that the person is a fit and proper person and that no circumstances make it undesirable to approve the person; and (h) may take into account not only the person but also the repute and background of persons suspected by the Commission to be associated with the person. (4) Subject to the provisions of this Act, a bookmaker’s licence that is granted to a body corporate, unless the licence is suspended or cancelled pursuant to a determination made administratively by the Commission in the exercise of prescribed disciplinary powers, remains current until the body corporate is dissolved or until the licence is surrendered. (5) No licence held by a body corporate shall be transferable. (6) A body corporate that holds a bookmaker’s licence can only carry on the business of a bookmaker by means of a licensed manager or a licensed employee. (7) A bookmaker’s licence held by a body corporate subject to, and in accordance with, the provisions of this Act and the terms and conditions of the licence, entitles the body corporate to carry on the business of a bookmaker — (a) upon a racecourse if the body corporate holds a permit to do so from the committee or other authority controlling the racecourse; or (b) at a place, upon an occasion and in respect of an event authorised under section 5(2). (8) The conduct of the business of a licensee that is a body corporate as a bookmaker by a licensed manager or through the agency of a licensed employee does not relieve the licensee of responsibility for ensuring that the business is conducted in accordance with this Act. (9) The licensee shall ensure that the conduct of the business as a bookmaker by the licensee is not carried on otherwise than personally — (a) by a licensed manager; or (b) by a licensed employee appointed to act as a licensed manager under subsection (11). (10) The business of a bookmaker that is carried on under a licence held by a body corporate may be carried on through the agency of a licensed employee. (11) If a licensee that is a body corporate does not have a licensed manager, the licensee may appoint a licensed employee to act as the licensed manager and to carry on the business of the licensee as a bookmaker for a period of not more than 28 days or such longer period as the Commission approves. (12) If a person ceases to be the licensed manager of a body corporate, the person shall inform the Commission in writing within 7 days of so ceasing. (13) If a person ceases to be the licensed manager of a body corporate, the licensee shall appoint a new licensed manager within 28 days of the previous licensed manager ceasing to be the manager or within such longer period as the Commission has approved. [Section 11C inserted: No. 13 of 2002 s. 7; amended: No. 35 of 2003 s. 102; No. 18 of 2009 s. 11(5) and (6); No. 41 of 2018 s. 15(1); No. 21 of 2019 s. 80; No. 53 of 2024 s. 23.] ##### 11D. Licences — manager or employee (1) When determining whether or not to approve an application under section 11 for a bookmaker’s manager licence or a bookmaker’s employee licence, the Commission — (a) in the case of an applicant for a bookmaker’s manager licence, shall be satisfied that the applicant has knowledge of the business of bookmaking and the obligations of bookmakers under this Act; and (b) shall be satisfied that the applicant is a fit and proper person and that no circumstances make it undesirable to grant a licence to that person; and (c) may take into account not only the applicant but also the repute and background of persons suspected by the Commission to be associated with the applicant. (2) The Commission shall not grant a bookmaker’s manager licence or a bookmaker’s employee licence to a body corporate or a partnership. (2a) The Commission shall not grant a bookmaker’s manager licence or a bookmaker’s employee licence to a person under the age of 18 years. (3) Subject to the provisions of this Act a bookmaker’s manager licence or a bookmaker’s employee licence, unless suspended or cancelled pursuant to a determination made administratively by the Commission in the exercise of prescribed disciplinary powers, remains current for a period of 5 years or until surrendered. (4) A bookmaker’s manager licence or a bookmaker’s employee licence shall not be transferable or pass to the personal representative of a deceased licensee or be, or be capable of being treated as, an asset in or the subject of any partnership. (5) A bookmaker’s manager licence entitles the holder, subject to, and in accordance with, the provisions of this Act and the terms and conditions of the licence, to undertake employment with any bookmaker that is a body corporate or a partnership (but not with more than one bookmaker at any one time) and in that capacity — (a) to carry on the business of the body corporate or partnership as a bookmaker; and (b) upon a racecourse, if with the permission of the committee or other authority controlling that racecourse to make bets, write betting tickets, and carry out the activities of a bookmaker’s clerk in relation to the business of a bookmaker; and (c) to carry out such other functions under this Act as the Commission may, in writing from time to time, authorise. (6) A bookmaker’s employee licence entitles the holder, subject to, and in accordance with, the provisions of this Act and the terms and conditions of the licence, to undertake employment with any bookmaker and in that capacity — (a) upon a racecourse, if with the permission of the committee or other authority controlling that racecourse — (i) to make bets, write betting tickets, and carry out the activities of a bookmaker’s clerk in relation to the business of a bookmaker; or (ii) to act as agent of a bookmaker or substitute for a bookmaker who is a natural person named in that permission; and (b) to carry out such other functions under this Act as the Commission may, in writing from time to time, authorise. (7) Where a licensed manager or licensed employee of a bookmaker carries on the business, or any aspect of the business, of that bookmaker — (a) the bookmaker — (i) is responsible for all actions of the manager or employee relating to the business, and for all betting tickets written; and (ii) in the case of a bookmaker who is a natural person, shall be present at or in close proximity to the stand or other approved area where bets are made or tickets written by the employee unless that employee is authorised under this Act to carry on the business as an agent of or substitute for the bookmaker; and (b) the manager or employee shall not, otherwise than in accordance with this Act, make bets or write betting tickets as if the manager or employee were a bookmaker. (8) Where a licensed manager or a licensed employee of a bookmaker that is a partnership or body corporate carries on the business, or any aspect of the business, of that bookmaker, the licensed manager or the licensed employee shall be present at or in close proximity to the stand or other approved area where bets are made or tickets written by the manager or employee unless the manager or employee is authorised under this Act to carry on the business as an agent of or substitute for the bookmaker. [Section 11D inserted: No. 13 of 2002 s. 7; amended: No. 35 of 2003 s. 80 and 102; No. 21 of 2019 s. 80.] ##### 11E. Security (1) An applicant for a bookmaker’s licence must lodge with the Commission — (a) a security for the prescribed amount, which shall (notwithstanding that it relates to gaming or wagering) be the liquidated damages that are recoverable in full as a debt due to the Commission unless every condition upon which the security is defeasible is proved to have been performed, in the form of a bond approved by the Commission, and shall be — (i) accompanied by cash to be held by the Treasurer; or (ii) entered into by an insurance company, ADI, or person acceptable to the Commission, as security for the due observance by the bookmaker, a licensed manager of the bookmaker and a licensed employee of the bookmaker of the provisions of this Act and the terms and conditions of any licence issued under this Act to that bookmaker or such a manager or an employee; and (b) a statement of the assets and liabilities of the applicant verified in such manner as the Commission may require. (2) One or more directors of a body corporate that is an applicant for or holds a bookmaker’s licence shall, on being required to do so by the Commission, lodge with the Commission a security for the prescribed amount, which shall (notwithstanding that it relates to gaming or wagering) be the liquidated damages that are recoverable in full as a debt due to the Commission unless every condition upon which the security is defeasible is proved to have been performed, in the form of a bond approved by the Commission, and shall be — (a) accompanied by cash to be held by the Treasurer; or (b) entered into by an insurance company, ADI, or person acceptable to the Commission, as security for the due observance by the body corporate and its licensed manager and a licensed employee of a body corporate of the provisions of this Act and the terms and conditions of any licence issued under this Act to that body corporate or such a manager or an employee. (3) The Commission may — (a) apply a security in relation to a betting debt, regardless of the date the debt was incurred by the bookmaker; and (b) terminate a bond in accordance with its terms; and (c) advertise, and call for claims, in respect of betting transactions and fix a period after the expiry of which claims may be disregarded; and (d) hold any security until after the expiry of any period fixed for the filing of claims, and for a reasonable period thereafter; and (e) where a bond is terminated, or if the Commission otherwise determines that the security held should be reviewed, require a licensee to furnish — (i) a statement of assets and liabilities; or (ii) further or other security; or (iii) both, and if the licensee fails to do so within the time fixed by the Commission the operation of the licence may be suspended until the licensee has complied to the satisfaction of the Commission; and (f) where a bond of a director of a body corporate is terminated, or if the Commission otherwise determines that the security held should be reviewed, require the director to furnish further or other security and if the director fails to do so within the time fixed by the Commission the operation of the body corporate’s licence may be suspended until the director has complied to the satisfaction of the Commission; and (g) deduct from any sum recovered by the Commission under a security the costs and expenses of that recovery. (4) After deduction of the costs and expenses authorised by subsection (3)(g), the balance of any sum recovered by the Commission under a security of a licensee or a security of a director of a body corporate that is a bookmaker shall be applied — (a) firstly, in discharging any portion of any bookmakers’ annual licence fee due under this Act, and any other tax, duty, fines or penalties payable under any written law by the bookmaker; and (b) secondly, in payment or rateably in payment of what the Commission decides are the betting debts of the bookmaker; and (c) if there is any sum then remaining, in repayment to the surety, bookmaker or director from which or whom the sum was recovered. (5) Before a security lodged with the Commission is discharged the Commission may require a licensee, or former licensee, in respect of whose licence the security was lodged to produce at the office of the Commission all records relating to the conduct of business under that licence, or such of those records as the Commission specifies in writing, for inspection by the Commission, and a person who contravenes any such requirement commits an offence. (6) In subsection (5), a reference to a licensee includes — (a) if the licensee is a body corporate, a reference to a person who occupies or occupied a position of authority in the body corporate; and (b) if the licensee is a partnership, a reference to a member or former member of the partnership, and a reference to a licence is a reference to the licence of the body corporate or the partnership, as the case requires. [Section 11E inserted: No. 13 of 2002 s. 7; amended: No. 35 of 2003 s. 102; No. 37 of 2018 s. 51; No. 41 of 2018 s. 15(1); No. 7 of 2022 s. 15; No. 53 of 2024 s. 23.] ##### 11F. Notification of Commission in relation to licensed manager (1) If a person is appointed to be or to act as a licensed manager of a bookmaker, the bookmaker shall advise the Commission within 7 days of the person so being appointed. (2) If a person ceases to be or to act as the licensed manager of a bookmaker, the bookmaker shall advise the Commission within 7 days of the person so ceasing to be or to act as its licensed manager. [Section 11F inserted: No. 13 of 2002 s. 7; amended: No. 35 of 2003 s. 102; No. 41 of 2018 s. 8; No. 53 of 2024 s. 23.] ##### 11G. Offences (1) A person who in, or in relation to — (a) any application or matter to be determined by the Commission, or by a steward in charge of a race meeting or steward or other person under section 12A; or (b) any — (i) statement of assets or liabilities; or (ii) notice or annual return; or (iii) return or other record; or (iv) thing, required, made, maintained, kept, delivered, furnished or produced under or for the purposes of this Act, makes a statement that is false or misleading by reason of the inclusion in the statement of false or misleading matter or of the omission from the statement of any matter that is required or may be material, or furnishes or causes to be furnished any record or thing that is false or is misleading in a material particular or which makes any material omission, commits an offence. (2) A person who, by an act intended to falsify or destroy the record, alters or destroys any record to which subsection (1) relates commits an offence. (3) A person who, otherwise than in the course of a duty under this Act, makes a record of, or divulges or communicates to any person, information coming to the knowledge of that person by reason of — (a) a report to be made or made to the Commission by the Commissioner of Police under this Act; or (b) this Act, in the course of the administration of this Act, (4) A person who carries on the business of bookmaking, or any aspect of the business of a bookmaker, otherwise than in accordance with — (a) this Act; and (b) the terms and conditions of, and any endorsement on, a licence; and (c) the terms of, and conditions applicable to, a permit issued under section 12, in so far as is not inconsistent with this Act or that licence, (5) Without limiting the matters which a court may take into consideration when passing sentence in respect of an offence committed under subsection (4), the court may take into consideration when so passing sentence any interstate offence of which the accused has previously been convicted. (6) In subsection (5) — interstate offence means offence under the law of another State or of a Territory, which offence is declared by the regulations to be an offence that corresponds to an offence under subsection (4). [Section 11G inserted: No. 13 of 2002 s. 7; amended: No. 35 of 2003 s. 102; No. 84 of 2004 s. 82; No. 41 of 2018 s. 15(1); No. 53 of 2024 s. 7 and 23.] [**11H, 11I.** Deleted: No. 70 of 2006 s. 10(2).] ##### 12. Bookmaking on racecourses (1) Nothing in this Act authorises a bookmaker, or the employee, licensed manager or agent of a bookmaker, to bet or carry on business as such on a racecourse without first having obtained a permit to do so from the committee or other authority controlling it. (2) Subject to this section, the committee or other authority may grant permits to do so subject to such conditions as the committee or other authority thinks fit, but to such persons only as are the holders of a licence authorising the carrying on of that activity under section 11A, 11B, 11C or 11D and, where appropriate, endorsed for the purposes of section 4B. (3) No bookmaker shall bet or carry on business as such on a racecourse, except on such parts of it as are specially set apart for that purpose by the committee or other authority controlling it, and then only (except as regards betting on sporting events as authorised and approved under section 4B) — (a) during any day on which a race meeting is conducted at the racecourse; or (b) on other days, at times approved by both the Commission and the committee or other authority controlling the racecourse. (3a) Subject to subsection (3b), no bookmaker shall bet or carry on business as such on a racecourse under subsection (3) unless a steward is present at the racecourse while that betting or business is carried on to supervise the conduct of the betting or business. (3b) A bookmaker may take bets — (a) by means of telephone betting in accordance with the regulations; or (b) by means of internet betting in accordance with the regulations, on a racecourse under subsection (3) whether or not a steward is present at the racecourse to supervise the conduct of the betting. (4) A steward may — (a) permit a bookmaker who is a natural person to use a licensed manager or a licensed employee, being a manager or employee specifically nominated to and approved by that authority for that purpose — (i) as substitute bookmaker on behalf of the bookmaker where that bookmaker is absent on account of sickness, leave or other circumstances acceptable to that authority; or (ii) as the agent of that bookmaker to operate a second stand, or in another approved area, on behalf of that bookmaker at that racecourse, either generally or on a particular occasion, whether or not subparagraph (i) applies; or (iii) as the agent of that bookmaker, to operate on behalf of that bookmaker at that racecourse notwithstanding the absence of the bookmaker, in the event of there otherwise being, in the opinion of that authority, insufficient bookmakers to meet public demand; and (b) in respect of all or any of the types of betting authorised by the licence, permit the carrying on of business and the making of bets at that race course by a bookmaker. (4a) A steward may — (a) permit a licensed manager who is carrying on the business of a bookmaker that is a partnership or a body corporate to use a licensed employee, being an employee specifically nominated to and approved by that authority for that purpose — (i) to act as a licensed manager of the partnership or body corporate where the manager is absent on account of sickness, leave or other circumstances acceptable to that authority; or (ii) as the agent of the partnership or body corporate to operate a second stand, or in another approved area, on behalf of that partnership or body corporate at that racecourse, either generally or on a particular occasion, whether or not subparagraph (i) applies; or (iii) as the agent of the partnership or body corporate, to operate on behalf of that partnership or body corporate at that racecourse notwithstanding the absence of the licensed manager, in the event of there otherwise being, in the opinion of that authority, insufficient bookmakers to meet public demand; or (iv) as the agent of the partnership or body corporate, in circumstances approved by the Commission; and (b) in respect of all or any of the types of betting authorised by the licence, permit the carrying on of business and the making of bets at that racecourse by a licensed manager of the bookmaker. (5) The committee or other authority controlling a racecourse shall — (a) upon request, furnish to the Commission a plan showing — (i) the situation of any betting ring or approved area, or any proposed betting ring or approved area, on the racecourse; and (ii) the positions and numbers of the stands to be allotted, and to whom they are allotted; (b) not permit — (i) any person to carry on the business, or any aspect of the business, of a bookmaker on that racecourse unless the person holds a licence so to do under this Act; or (ii) any bookmaker to bet or offer to bet from a position other than the betting ring or an approved area and at the stand allotted by the racing club; or (iii) any person to bet, or offer to bet, with any person other than a bookmaker; (c) ensure that — (i) any duplicate record, or other betting material, required to be delivered to a person authorised by the racing club to receive it is duly received at the prescribed time by a person so authorised; and (ii) duplicate records are legible and complete, including any registered sheet number. [(iii), (iv) deleted] (6) Where an application by a licensee to the committee or other authority controlling a racecourse for a permit is refused under this section, or the permit of a licensee is cancelled or suspended, the committee or other authority controlling the racecourse to which that application or permit related shall forthwith inform the Commission, in writing, of — (a) the fact of the refusal, cancellation or suspension and the date it took effect; and (b) their intentions in relation to applications for future permits made by that applicant or licensee. (7) RWWA shall report to the Commission, as soon as is practicable, the result of any hearing or appeal conducted under the RWWA Act relating to — (a) improper conduct; or (b) a breach of this Act or of the rules of wagering as defined in the RWWA Act, on the part of a bookmaker, licensed manager or licensed employee. [Section 12 amended: No. 77 of 1976 s. 13; No. 34 of 1985 s. 5; No. 11 of 1992 s. 29 and 33; No. 63 of 1995 s. 48; No. 13 of 2002 s. 8; No. 35 of 2003 s. 81 and 102; No. 8 of 2007 s. 4; No. 37 of 2018 s. 52; No. 21 of 2019 s. 80.] ##### 12A. Temporary bookmakers’ employees’ licences (1) A bookmaker may apply in a form approved by the Commission to a steward in charge of a race meeting for a temporary bookmaker’s employee’s licence to be granted to a person nominated by the bookmaker in respect of the day, or one of the days, of the race meeting. (1a) A bookmaker may apply in a form approved by the Commission to a steward for a temporary bookmaker’s employee’s licence to be granted to a person nominated by the bookmaker in respect of a day on which a bookmaker may bet or carry on business as such on the racecourse under section 12(3). (2) A steward to whom an application is made under subsection (1) or (1a) may — (a) if that steward is satisfied that the applicant — (i) has no licensed employees, or insufficient licensed employees, to enable the applicant to conduct the applicant’s business at the race meeting or racecourse on the day in question; and (ii) has taken all reasonable steps to obtain the services of a licensed employee or an additional licensed employee, but to no avail, grant the temporary licence applied for, subject to such terms and conditions as that steward imposes on that temporary licence; or (b) refuse the application, but may before doing so require the applicant to furnish to that steward such information additional to that provided in a form approved by the Commission as appears to that steward to be necessary for the proper consideration of the application. (3) In making a decision under subsection (2), a steward shall apply such principles as are from time to time communicated to racing clubs by the Commission for the purposes of this section. (4) A steward is not required to specify any reason for a refusal made by the steward under subsection (2)(b). (5) A steward — (a) who has granted one or more temporary licences under subsection (1) in respect of a race meeting; and (b) who does not, within 3 days of the conclusion of the race meeting, communicate to the Commission such details of the applications for those temporary licences, and of the persons to whom those temporary licences have been granted, as are prescribed, (5a) A steward — (a) who has granted one or more temporary licences under subsection (1a); and (b) who does not, within 3 days of the day in respect of which the temporary licence was granted, communicate to the Commission such details of the applications for those temporary licences, and of the persons to whom those temporary licences have been granted, as are prescribed, (6) A temporary licence remains current until the conclusion of the day in respect of which it was granted. (7) A person to whom a temporary licence is granted is deemed to be the holder of a bookmaker’s employee’s licence in relation to the day to which the temporary licence relates. (8) In this section — temporary licence means temporary bookmaker’s employee’s licence referred to in subsection (1) or (1a). [Section 12A inserted: No. 17 of 1998 s. 13; amended: No. 13 of 2002 s. 9; No. 35 of 2003 s. 82 and 102; No. 21 of 2019 s. 80.] ##### 13. Bookmakers’ annual licence fee (1A) In this section — total turnover means the aggregate of the turnover that relates to bets made under this Act; turnover — (a) means the amount of money paid or promised as the consideration for bets made by a bookmaker, whether the bets are — (i) made by the bookmaker as a party to the bet; or (ii) negotiated by the bookmaker as agent for another person; but (b) does not include any money promised or paid by a bookmaker as the consideration for a bet made by the bookmaker on the bookmaker’s own behalf in the capacity of a backer but not in the capacity of a bookmaker. (1B) For the purposes of the definition of ***turnover*** in subsection (1A), the Commission has an absolute discretion to decide what is and what is not a bet made by a bookmaker on the bookmaker’s own behalf in the capacity of a backer but not in the capacity of a bookmaker. (1) Subject to this Act, for so long as a bookmaker’s licence is in force the holder shall pay a bookmakers’ annual licence fee at a prescribed rate assessed on the total turnover of that bookmaker during the preceding year of assessment. [(2) deleted] (3) Subject to subsection (4), the licence fee payable shall be — (a) assessed in respect of an assessment year commencing on 1 August; and (b) paid at the prescribed time in the prescribed manner. (4) In respect of the assessment year ending on 31 July following the coming into operation of this section, and in respect of any new licence granted after the coming into operation of this section during the course of an assessment year, the licence fee shall be payable on the prescribed basis. (5) Regulations made under this Act may make provision for the purposes of this section and, in particular, may — (a) prescribe different rates of fee to be payable in respect of — (i) different codes of racing; or (ii) different classes of bet; or (iii) betting by different means of communication; or (iv) different classes of licence; and (b) specify how records shall be compiled and dealt with, the time and method of their delivery, and manner in which information shall be supplied to the Commission; and (c) provide for the delivery, by bookmakers to the Commission, of an annual return made, and verified, in the prescribed manner; and (d) require payment, or payment of a specified part, of the amount payable to be made in a prescribed manner. [Section 13 inserted: No. 63 of 1995 s. 49; amended: No. 35 of 2003 s. 102; No. 37 of 2018 s. 53.] ## Part 3 — Levies and totalisators [Heading inserted: No. 35 of 2003 s. 101(3).] ##### 14. Bets transmitted from racing club to wagering licensee (1) If a wagering licensee is conducting totalisator betting on a race, a racing club may transmit any bet received by the club on that race to the wagering licensee for inclusion in a totalisator pool conducted by the wagering licensee. (2) The wagering licensee may — (a) include a bet received from a racing club in the totalisator pool; or (b) further transmit a bet received from a racing club to a totalisator pool operated under a combined totalisator pool scheme referred to in section 10S. [Section 14 inserted: No. 21 of 2019 s. 52.] ##### 14A. Betting operators’ liability to lodge returns and to pay racing bets levy bet back means a bet placed with a domestic betting operator, or the operator of a betting exchange, if the bet is placed — (a) for the purpose of reducing the liability of another domestic betting operator; and (b) by that other domestic betting operator; betting operator means — (a) a domestic betting operator; or (b) an offshore betting operator; or (c) the operator of a betting exchange; gross revenue means — (a) in relation to a domestic betting operator or offshore betting operator — the turnover of the operator, less any dividends to customers by the operator on racing bets; (b) in relation to the operator of a betting exchange — the charges, commission, consideration, earnings, fees, reward or other remuneration (however described) payable to or received by an operator in relation to racing bets placed with, or placed and accepted through, the operator; racing bet means a bet placed with, or placed or accepted through, the betting operator that is — (a) placed with a domestic betting operator or an offshore betting operator; or (b) of the type referred to in paragraph (a) or (b) of the definition of ***betting exchange*** in section 4AA, on a horse or greyhound race conducted in Western Australia; turnover means — (a) in relation to a domestic betting operator or offshore betting operator — the total amount of racing bets placed with the operator, less the amount of bet backs placed by the operator; (b) in relation to a betting exchange — the net winnings of racing bets placed with the betting exchange. (2) A betting operator must, in relation to racing bets placed with, or placed or accepted through, the betting operator in each month — (a) within the prescribed period, lodge a return with the Department in the form approved by the CEO; and (b) when the return is lodged with the Department, pay to the CEO the racing bets levy on the whole of the gross revenue or turnover reported in the return in accordance with the *Racing Bets Levy Act 2009*. Penalty for this subsection: (a) a fine of $20 000; (b) for each separate and further offence committed by the betting operator under the *Interpretation Act 1984* section 71 — a fine of $1 000. [Section 14A inserted: No. 29 of 2009 s. 6; amended: No. 37 of 2018 s. 54; No. 41 of 2018 s. 9; No. 53 of 2024 s. 9.] ##### 14B. CEO may assess racing bets levy in certain circumstances (1) The CEO may, in relation to a betting operator, make an assessment of the amount of racing bets levy payable in relation to a month if — (a) the betting operator has failed to — (i) lodge or keep a return or other record; or (ii) provide information required under this Act; or (b) the CEO has reason to believe or suspect that — (i) a return lodged or other information given by the betting operator is materially incomplete or inaccurate; or (ii) the betting operator is liable to pay the levy, even though a return was not lodged; or (iii) the betting operator is liable to pay an amount of levy that is different to the amount (if any) indicated by a return. (2) The CEO may request further information from the betting operator for the purpose of making an assessment. (3) The CEO must give written notice of the assessment (an assessment notice) to the betting operator. (4) The CEO may require the betting operator to pay a penalty amount of up to 10% of the amount of the racing bets levy specified in the assessment notice. (5) The assessment notice must include the following information — (a) details of the calculation of the amount of the levy; (b) the grounds on which the CEO has made the assessment; (c) the penalty amount, if any, required to be paid; (d) the date by which the payment of the levy and penalty amount (if any) must be made; (e) details of the betting operator’s right to an internal review of the assessment under section 14C. (6) A betting operator that receives an assessment notice is liable to pay the CEO in accordance with the notice unless the assessment is varied or revoked under section 14C. [Section 14B inserted: No. 53 of 2024 s. 10.] ##### 14C. Review of levy assessments (1) A betting operator may, within 14 days of receiving an assessment notice, apply to the CEO for an internal review of the assessment. (2) An application for internal review must — (a) be made in writing; and (b) comply with any other requirements prescribed by the regulations. (3) The CEO may request further information from the betting operator for the purposes of determining the application. (4) In determining the application, the CEO may confirm, vary or revoke the assessment. (5) The CEO must give written notice of the determination to the applicant, including the grounds on which the CEO has made the determination. (6) A determination to vary or revoke an assessment takes effect on and from the day on which the written notice of the determination is given to the applicant. [Section 14C inserted: No. 53 of 2024 s. 10.] ##### 14D. CEO may recover unpaid racing bets levy and other costs (1) The CEO may recover unpaid amounts payable under section 14A(2)(b) as a debt in a court of competent jurisdiction. (2) The CEO may seek an order for the recovery of unpaid amounts specified in the following in a court of competent jurisdiction — (a) an assessment notice; (b) a notice of a determination under section 14C. [Section 14D inserted: No. 53 of 2024 s. 10.] [**15,** **16.** Deleted: No. 37 of 2019 s. 55.] ##### 16A. Books of account, records etc. (1) A bookmaker or, in the case of a bookmaker which is a partnership or body corporate, the licensed manager of the bookmaker shall — (a) prepare and keep in the English language a true, complete, accurate and legible written record — (i) setting out the financial position of the business carried on, in such a way as will enable the accounts to be conveniently inspected and properly audited; and (ii) showing full particulars and details of each betting transaction made by or on behalf of that bookmaker and the betting turnover resulting, in such manner as is required by or under this Act, or by the Commission; and (b) prepare and deliver correctly the returns, forms or other records required by or under this Act, entering accurately and in a manner approved by the Commission full particulars and details of each betting transaction and the betting turnover resulting; and (c) for the purpose of recording bets — (i) use such a form and such a method of recording as may be required by or under this Act and is approved by the Commission; and (ii) make the required entries in numerical sequence; and (iii) ensure that the requirements of the regulations as to the use of tickets are complied with; and (d) ensure that no alteration, erasure or obliteration in respect of an entry of a bet or in any record is made in such a manner as to prevent its legibility; and (e) where an error is made in the recording of a bet a person making any alteration to that record shall, if the record is handwritten — (i) rule through the incorrect entry, preserving its legibility; and (ii) make the correct entry immediately under it, and if the record was made using a computer — (iii) cause the word “CANCELLED” to be endorsed adjacent to such details of the incorrect entry as will enable the reference to be identified; and (iv) make the correct entry immediately thereafter; and (f) not remove, or permit to be removed, any part of any book of forms or of any form or other record, except for the purpose of delivering it to a racing club or to the Commission as required by or under this Act; and (g) ensure that any duplicate of a form or other record required by or under this Act is clearly legible and an exact copy of the original; and (h) retain such of the records and betting material relating to the business carried on by or on behalf of that bookmaker as the Commission may from time to time in writing require for 5 years or such longer period after the completion of the transaction to which they relate as may be so required; and (j) on being required to do so by the Commission or some other person authorised by or under this Act so to require — (i) notify the Commission, where any betting material, form or other record may be inspected; and (ii) furnish, deliver or produce any such betting material, form or other record to the Commission or to a person authorised for the purpose under the Act, as may be required. (2) If default is made in complying with a provision of subsection (1), any licensed employee or licensed manager who is in default and any bookmaker who failed to take all reasonable steps to secure compliance with the provision commits an offence. [Section 16A inserted: No. 11 of 1992 s. 38; amended: No. 63 of 1995 s. 53; No. 13 of 2002 s. 13; No. 35 of 2003 s. 102.] [**16B, 16C.** Deleted: No. 49 of 1960 s. 11.] ##### 17. Effect on annual licence fee of not being entitled to receive or retain consideration Where a person authorised to possess and operate a totalisator, or who is a bookmaker, the licensed manager of the bookmaker, or a licensed employee on behalf of that bookmaker has made a bet on a race or sporting event and has included the bet in a record or return as required under this Act, if it appears to the Commission that because of a decision of a competent authority controlling the race or sporting event or betting in respect of the race or sporting event, that person is not entitled to receive or retain the whole or part of the consideration for the bet, the Commission shall exempt that person from any liability for the payment of an annual licence fee in respect of — (a) a bookmaker’s licence; or (b) an authorisation to possess and operate a totalisator, in respect of the consideration not to be received or retained and if that person has already paid it, the Commission shall refund it to that person on demand. [Section 17 amended: No. 6 of 1987 s. 12; No. 11 of 1992 s. 39; No. 63 of 1995 s. 54; No. 13 of 2002 s. 14; No. 35 of 2003 s. 102; No. 37 of 2018 s. 56.] ##### 17A. Annual licence fee in respect of totalisators (1A) In this section — total turnover has the meaning given in section 13(1A); turnover has the meaning given in section 13(1A). (1) Subject to this Act, for so long as an authorisation to which section 17B refers is lawful and the totalisator is operated the operator shall pay an annual licence fee at a prescribed rate assessed on the total turnover of that totalisator during the preceding year of assessment. [(2) deleted] (3) Subject to subsection (4), the licence fee payable shall be — (a) assessed in respect of an assessment year commencing on 1 August; and (b) paid at the prescribed time in the prescribed manner. (4) In respect of the assessment year ending on 31 July following the coming into operation of this section, and in respect of any new authorisation granted after the coming into operation of this section during the course of an assessment year, the licence fee shall be payable on the prescribed basis, apportioned to take account of any period when betting did not occur, and a refund or further demand may be made on actual returns for the relevant period being verified. (5) For the purpose of the assessment of the amount of the annual licence fee the operator of the totalisator shall deliver to the Commission an annual return of totalisator turnover made, and verified, in the prescribed manner. (6) Regulations made under this Act may make provision for the purposes of this section and, in particular, may prescribe different requirements in relation to betting of different kinds. [Section 17A inserted: No. 63 of 1995 s. 55; amended: No. 35 of 2003 s. 102; No. 37 of 2018 s. 57.] ##### 17B. Use of the totalisator by racing clubs (1) The possession by the committee or other authority controlling a racecourse of a totalisator at that racecourse shall be lawful if — (a) it was authorised — (i) immediately prior to the coming into operation of this section, by or under *The Totalisator Act 1883* 1 or the *Totalisator Act Amendment Act 1899* 1 or pursuant to a licence under the *Totalisator Regulation Act 1911* 1; or (ii) by the Commission under section 17D; and (b) that authorisation is not suspended or cancelled by the Commission under subsection (4), and the operation of that totalisator by or on behalf of that committee or other authority for the purpose of making bets during the day of any race meeting conducted there, or in relation to prescribed activities with respect to the transmission of bets received to a totalisator pool operated by another operator so authorised, is hereby authorised, subject to subsection (3) and section 17C. (2) Subject to subsection (3), it shall be lawful for any person, with the express or implied permission of the operator of that totalisator, to participate in the use of, and the facilities afforded by, a totalisator operated, or purporting to be operated, in accordance with the authorisation conferred by subsection (1). (3) No person under the age of 18 years shall — (a) participate in; or (b) be permitted by the operator of that totalisator to participate in, the use of, or the facilities afforded by, a totalisator operated, or purporting to be operated, in accordance with an authorisation conferred by subsection (1). (4) For the purposes of section 32A, an authorisation conferred by this section may be dealt with as though it were a licence held by a bookmaker, and the committee or other authority operating a totalisator on a racecourse shall be liable and may be dealt with as though the holder of such a licence. (5) The secretary or chief executive officer and members of the committee or executive body of a racing club authorised to possess and operate a totalisator shall in accordance with the regulations record, or cause to be recorded, full particulars of the operation of that totalisator and of its takings and the manner in which they were taken, of amounts distributed as dividends, of amounts remaining undistributed, of dividends unpaid, of the kind of bets made and such other matters as are prescribed. (6) In respect of the operation of a totalisator to which this section applies, no dividends shall be paid or recoverable — (a) otherwise than on presentation of the ticket for which the dividend is claimed; or (b) after the expiration of 3 months from the date of declaration of the dividend. (7) Section 16A has effect in relation to the operation of a totalisator to which this section applies as if — (a) a reference to a bookmaker were a reference to the operator of the totalisator; and (b) a reference to a licensed employee were a reference to the secretary or chief executive officer and members of the committee or executive body of a racing club, or any other person, concerned in the operation of the totalisator. (8) Regulations made under this Act may make provision for the purposes of this section and, in particular, may prescribe different requirements in relation to betting of different kinds. (9) Subject to this Act and regulations made under this Act, a committee or other authority that is authorised to possess a totalisator at a racecourse shall operate the totalisator in accordance with the rules of wagering as defined in the RWWA Act. [Section 17B inserted: No. 11 of 1992 s. 61; amended: No. 63 of 1995 s. 56; No. 13 of 2002 s. 15; No. 35 of 2003 s. 85 and 102; No. 21 of 2019 s. 80.] ##### 17C. Making of bets on designated sporting events not authorised Notwithstanding the application of this Act to designated sporting events conducted by a permittee at a registered place, and the deeming provisions of section 4A, section 17B shall not be taken to make the possession of a totalisator by a permittee lawful or to authorise the operation of a totalisator by a permittee for the purpose of making bets on a designated sporting event. [Section 17C inserted: No. 11 of 1992 s. 61; amended: No. 17 of 1998 s. 16.] ##### 17D. Commission may authorise possession and operation of a totalisator by a racing club Where the Commission is satisfied that a racing club has been established, the committee or other authority controlling the racecourse on which that body conducts race meetings may, on application being made to the Commission in the prescribed manner and such information as may be prescribed or required by the Commission having been furnished, be granted by the Commission an authorisation to possess and operate a totalisator at that racecourse. [Section 17D inserted: No. 11 of 1992 s. 61; amended: No. 35 of 2003 s. 102.] ##### 17E. Percentage of off course bets to belong to RWWA (1) Where the amount of any bet (other than a fixed odds bet) is, in the first instance, received by RWWA or one of its agencies — (a) RWWA shall deduct therefrom, by way of commission, the amount prescribed as the commission for a bet of that kind or if another amount is determined by RWWA under this section, that amount; and (b) any amount so deducted by RWWA shall for all purposes belong to RWWA and form part of the general funds of RWWA. (2) RWWA may, if it considers it necessary, determine a lower amount than that prescribed as the amount of commission to be deducted under subsection (1) from bets — (a) of a specified kind; and (b) received by RWWA or one of its agencies for inclusion in a totalisator pool operated by RWWA under the RWWA Act section 50(1)(b), during a specified period. (3) RWWA may, if it considers it necessary, determine an amount other than that prescribed as the amount of commission to be deducted under subsection (1) from bets — (a) of a specified kind; and (b) received by RWWA or one of its agencies for inclusion in a combined totalisator pool scheme of a kind referred to in the RWWA Act section 59, during a specified period. (4) RWWA must provide the Commission with written notice of a determination under subsection (2) or (3). [Section 17E inserted: No. 63 of 1995 s. 57; amended: No. 40 of 1999 s. 32; No. 35 of 2003 s. 86 and 103; No. 8 of 2007 s. 6.] ##### 17EA. Management of fixed odds — prescribed margin (1) When fixed odds betting is conducted by RWWA on a race or event, RWWA shall ensure that the odds offered, when assessed in accordance with subsection (3), give rise to a figure “m” (“*margin*”) equal to or greater than the prescribed figure (“*margin*”) for that type of race or event. (2) Subsection (1) does not apply if RWWA is conducting a jointly operated fixed odds betting system and has adopted, and is operating under, the rules pertaining to that joint system that were already in place. (3) For the purposes of subsection (1), “m” is to be calculated by assessing the individual odds offered on every participant in a race or event using the following formula — ![]() where p1 represents the odds (expressed as a percentage) offered on the first participant in that race or event; and p2 represents the odds (expressed as a percentage) offered on the second participant in that race or event; and p3 represents the odds (expressed as a percentage) offered on the third participant in that race or event, etc. (...*depending on the number of participants in the particular race or event…*); and n represents the number of participants in that race or event. [Section 17EA inserted: No. 40 of 1999 s. 33; amended: No. 35 of 2003 s. 103.] ##### 17F. Percentage of bets to belong to racing club Where the amount of any bet is, in the first instance, received by a racing club for inclusion in a totalisator pool, and that racing club has been duly authorised under this Act to operate a totalisator — (a) the racing club shall deduct therefrom, by way of commission, the amount prescribed as the commission for a bet of that kind; and (b) any amount so deducted shall for all purposes belong to the racing club and form part of its general funds. [Section 17F inserted: No. 63 of 1995 s. 58.] [**18, 18A.** Deleted: No. 37 of 2019 s. 58.] ##### 18B. Assessment of annual licence fee (1) Where the Commission finds that money in respect of any annual licence fee is payable by any bookmaker or any racing club, the Commission may — (a) assess the amounts of money paid or promised as the consideration for bets and in respect of which a liability exists for the payment of such a fee; and (b) calculate the fee payable. (2) Where — (a) the Commission is unable to ascertain the amount of money due in respect of any annual licence fee properly payable by reason of a bookmaker or racing club failing to keep or deliver any return or other record, or to furnish any information, as and when required by this Act or by the Commission, or because the Commission has reason to believe or suspect that any record delivered or information furnished is materially incomplete and inaccurate; or (b) for any other cause the Commission has reason to believe or suspect that any bookmaker or racing club is liable to pay any annual licence fee, whether or not a return was delivered, the Commission may cause an assessment to be made of the amount of fee due. (3) Where an assessment under subsection (2) is made in relation to any bookmaker or racing club — (a) the Commission shall cause notice in writing of the assessment of any money due in respect of an annual licence fee payable under subsection (5), to be served on the bookmaker or racing club together with the calculation of, and reasons for, such assessment; and (b) the bookmaker or racing club on whom the notice is served shall be liable to pay the amount in respect of the annual licence fee in accordance with the notice of assessment on or before the date specified in that notice, except in so far as the bookmaker or racing club may establish that the assessment is excessive. (4) An omission to give the notice required by subsection (3) does not invalidate any assessment or calculation made under this section. (5) A bookmaker or racing club which becomes liable to pay an amount in respect of an annual licence fee by virtue of an assessment made under subsection (2) shall also be liable to pay, by way of penalty fee an amount equal to the amount of the fee payable by virtue of that assessment but the Commission may, for reasons which the Commission thinks sufficient in any particular case, remit that penalty fee wholly or in part. (6) Where the Commission finds that an omission has been made from a record required to be made or a return required to be delivered under this Act in respect of any amount which the Commission has reason to believe or suspect represents a bet made, the Commission may determine that the bet of that amount was made and may cause an assessment to be made under subsection (2) as though information had been furnished which was materially incomplete and inaccurate. [Section 18B inserted: No. 11 of 1992 s. 41; amended: No. 63 of 1995 s. 61; No. 13 of 2002 s. 18; No. 35 of 2003 s. 102; No. 37 of 2018 s. 59.] ## Part 4 — Enforcement and offences [Heading inserted: No. 35 of 2003 s. 101(4).] [**19.** Deleted: No. 37 of 2019 s. 60.] ##### 19A. Commission may recover unpaid money in respect of annual licence fee Where — (a) a bookmaker; or (b) a racing club authorised to possess and use a totalisator, does not make payment in respect of any money due as an annual licence fee payable under this Act the Commission may, without prejudicing the liability of that bookmaker or race club to pay a penalty fee under this Act, sue for the amount unpaid in a court of competent jurisdiction. [Section 19A inserted: No. 63 of 1995 s. 63; amended: No. 35 of 2003 s. 102.] ##### 20. Entry and inspection of racecourses and certain other premises Commission representative means — (a) a member of the Commission; or (b) a person authorised by the Commission or the Minister; or (c) an authorised officer; or (d) a police officer. (2) A Commission representative may at any time enter without charge and inspect — (a) a racecourse; or (b) premises to which section 5(2) applies; or (c) premises or a vehicle or vessel from or on which a bookmaker carries on business; or (d) a venue at which a sporting event on which betting takes place is being held; or (e) a totalisator, totalisator agency or other premises of RWWA. (3) An inspection may be carried out under this section for any or all of the following purposes — (a) to ascertain whether a liability to pay a levy or fee under this Act has been met; (b) to gather information relevant to ascertaining the amount of a levy or fee under this Act; (c) to gather any information relevant to making a decision under this Act; (d) to audit records required to be kept under — (ii) the RWWA Act in relation to gambling; (e) to gather evidence of a suspected contravention of — (ii) a condition of a licence, permit or approval under this Act; or (iii) the RWWA Act in relation to gambling; (f) any other purpose relevant to the administration of — (ii) the RWWA Act in relation to gambling. (4) A Commission representative who is an authorised officer shall, on first encountering a person apparently in a position of authority on the premises, and also on the reasonable request of any other person on the premises, display his or her certificate of appointment to the person. [Section 20 inserted: No. 35 of 2003 s. 87; amended: No. 8 of 2009 s. 25; No. 21 of 2019 s. 80.] ##### 20A. Powers of Commission representative (1) When a Commission representative exercises his or her powers of entry and inspection under section 20, the Commission representative may do any or all of the following — (a) search the premises and examine anything on the premises; (b) take possession of, and remove from premises, records, or anything else relevant to the investigation, found in the course of the inspection; (c) take extracts from or make copies of, or download or print out, any records found in the course of the inspection; (d) photograph or film anything on the premises; (e) if anything on the premises that is relevant to the inspection cannot be conveniently removed — secure it against interference; (f) require any person who is on the premises — (i) to state his or her full name and address; (ii) to answer (orally or in writing) questions put by the Commission representative that are relevant to the investigation; (iii) to give the Commission representative any information, record or other thing in the person’s possession or control that is likely to be relevant to the inspection; (iv) to operate or allow the Commission representative to operate equipment or facilities on the premises for inspection purposes; (v) to give the Commission representative any translation, code, password or other information necessary to gain access to or to interpret and understand any document or information located or obtained by the Commission representative in the course of the inspection; (vi) to give other assistance that the Commission representative reasonably requires to carry out the inspection. (2) A person must comply with a requirement under subsection (1)(f). (2A) A person must not — (a) give a Commission representative information that the person knows to be false or misleading in a material particular; or (b) hinder, delay or obstruct a Commission representative in carrying out functions under this section. (3) Nothing in this section or section 20 derogates from the powers of a Commission representative who is a police officer. (4) A Commission representative is not authorised under this section to take anything from any place unless he or she — (a) gives the occupier or another person apparently responsible to the occupier a receipt for the thing taken, if requested to do so by the occupier or other person; or (b) if the occupier or a person apparently responsible to the occupier is not present, leaves a receipt for the thing taken, in an envelope addressed to the occupier, in a prominent position on the premises. (5) A receipt shall be in a form approved by the Commission. (6) The Commission shall ensure that a person from whom a record or anything else is taken under this section and who would otherwise be entitled to possession of it is given a copy of it, or reasonable access to it, as appropriate. (7) If a Commission representative takes possession of anything under this section, the Commission shall ensure that it is returned to the person entitled to possession of it as follows — (a) if it was taken in connection with the prosecution or possible prosecution of a suspected contravention of this Act or the RWWA Act — as soon as practicable after the relevant prosecution is completed or discontinued or, if no prosecution is commenced, as soon as practicable after the decision is made not to prosecute the suspected contravention; (b) if it was an instrument on which a levy or fee was payable under this Act — as soon as practicable after assessment and payment of the relevant levy or fee; (c) in any other case — within 28 days after it was taken. [Section 20A inserted: No. 35 of 2003 s. 87; amended: No. 41 of 2018 s. 15(1); No. 53 of 2024 s. 11.] ##### 20B. Requirement to provide information authorised person means — (a) an authorised officer; (b) a steward appointed under the RWWA Act. (2) This section applies to — (a) a bookmaker; (b) the licensed manager of a bookmaker; (c) any licensed employee or other person who the authorised officer has reason to believe is or has been acting on behalf of a bookmaker; (d) a member or executive officer of the committee or other authority controlling a racecourse or race meeting; (e) any employee or agent of a racing club. (3) An authorised person may require a person to whom this section applies to — (a) produce for inspection specified material relating to betting or material of a specified class relating to betting, in the person’s possession or control; or (b) answer questions relating to betting. (4) An authorised person may make and retain a copy of the whole or any part of any thing produced to that person under subsection (3)(a). (5) When requiring a bookmaker or other person to do anything under subsection (3), the authorised person shall display to that person — (a) the certificate appointing the person as an authorised officer; or (b) the notice authorising the person to act as an authorised person. (6) A person who — (a) does not comply with a requirement under subsection (3); or (b) gives an authorised person information that the person knows to be false or misleading in a material particular; or (c) hinders, delays or obstructs an authorised person in carrying out functions under this section, (7) Nothing in this section derogates from the powers of an authorised person who is a police officer. [Section 20B inserted: No. 35 of 2003 s. 87; amended: No. 41 of 2018 s. 15(1); No. 21 of 2019 s. 80; No. 53 of 2024 s. 23.] ##### 20C. Complying with information requirements (1) A person is not excused from complying with a requirement under section 20A or 20B to provide information, records or any other thing on the grounds that complying with the requirement would tend to incriminate the person or render the person liable to a penalty. (2) However, information, a record or other thing provided by the person in compliance with the requirement is not admissible in evidence in any proceedings against the person for an offence, other than an offence against this Act or the RWWA Act. [Section 20C inserted: No. 35 of 2003 s. 87.] ##### 21. Prohibition of betting with minors, intoxicated persons, etc. (1) A bookmaker, the licensed manager of a bookmaker or a licensed employee on behalf of a bookmaker, shall not knowingly — (a) bet with, or pay money or deliver property relating to a bet to, a person apparently under the age of 18 years; or (b) bet with, or pay money or deliver property relating to a bet to, a person apparently under the influence of intoxicating liquor; or [(c), (d) repealed] (e) advertise the carrying on of the business of the bookmaker, or in relation to any kind of betting or any offer to bet, in a manner prohibited by or under this Act. (2) A person shall not knowingly — (a) loiter in front of any place where a totalisator is being operated for the lodging or receiving of bets; or (b) take a person under the age of 18 years into any place where a totalisator is being operated, unless for a purpose referred to in subsection (3)(c)(ii); or (c) take intoxicating liquor or any noxious substance into a place where a totalisator is being operated or any other area specifically in use for the lodging and receiving of bets by means of a totalisator; or (d) place a bet with or through RWWA for any person who is prohibited from entering a place where a totalisator is being operated. (3) A person to whom this subsection applies shall not knowingly — (a) accept a bet from, or pay moneys or deliver a totalisator ticket to, any person apparently under the age of 18 years; or (b) accept a bet from, or pay moneys or deliver a totalisator ticket to, a person apparently under the influence of intoxicating liquor; or (c) permit — (i) a person apparently under the influence of intoxicating liquor; or (ii) a person under the age of 18 years who is not entering the premises for the purpose of delivery of mail or goods or effecting repairs or otherwise carrying out duties, to enter in or remain on a totalisator agency or any other area specifically in use for the lodging and receiving of bets by RWWA or one of its agents; or (d) employ, in any place where a totalisator is being operated, any person who has not attained the age of 18 years; or (e) in any place where a totalisator is being operated, use or permit the use of any appliance capable of being used for receiving, or for reproducing or increasing the volume of sound of, broadcast programmes or television, unless the volume of sound emitted by the appliance is so controlled that it does not constitute an annoyance to persons outside the premises where the totalisator is being operated. (4) Subsection (3) applies — (a) in relation to any totalisator, or totalisator agency, off‑course, to any manager, secretary, officer, employee or agent of RWWA or employee of an agent of RWWA; and (b) in relation to any totalisator or totalisator agency on‑course, to the operator authorised under section 17B or any other person concerned in the operation of that totalisator or totalisator agency. [Section 21 amended: No. 113 of 1965 s. 8(1); No. 66 of 1970 s. 2; No. 46 of 1972 s. 6; No. 74 of 1987 s. 6; No. 11 of 1992 s. 43; No. 63 of 1995 s. 65; No. 40 of 1999 s. 34; No. 13 of 2002 s. 20; No. 35 of 2003 s. 103; No. 8 of 2007 s. 8.] ##### 22. Offences by minors (1) No person under the age of 18 years shall — (a) bet with a totalisator, or be permitted by a racing club its servants or agents to participate in the use of, or the facilities afforded by, a totalisator, being a totalisator to which section 17B applies; or (b) bet with a bookmaker, or the employee or the licensed manager of a bookmaker, licensed under this Act; or (c) request any other person to place a bet for him or for her; or (d) request any other person to collect payment of a winning bet for him or for her. Penalty for this subsection: a fine of $2 000. (2) No person under the age of 18 years shall — (a) enter or remain in any totalisator agency while it is open for the lodging or receiving of bets, except for a purpose referred to in section 21(3)(c)(ii), but that exception does not authorise employment contrary to the provisions of section 21(3)(d); or (b) make a bet with or through RWWA; or (c) request any other person to place such a bet for him or for her; or (d) request any other person to collect payment of a winning bet with or through RWWA for him or for her. Penalty for this subsection: a fine of $2 000. [Section 22 amended: No. 113 of 1965 s. 8(1); No. 46 of 1972 s. 6; No. 11 of 1992 s. 44 and 62; No. 63 of 1995 s. 66; No. 13 of 2002 s. 21; No. 35 of 2003 s. 103; No. 8 of 2007 s. 9; No. 41 of 2018 s. 15(1); No. 53 of 2024 s. 23.] ##### 22A. Prohibition on assisting minors to bet A person shall not knowingly — (a) place a bet — (i) with a totalisator; or (ii) with a bookmaker, or the employee or the licensed manager of a bookmaker, licensed under this Act; or (iii) with or through RWWA; or (b) where such a bet has been placed and is a winning bet, collect payment of the bet, for a person who is apparently under the age of 18 years. [Section 22A inserted: No. 8 of 2007 s. 10; amended: No. 41 of 2018 s. 15(3); No. 53 of 2024 s. 23.] ##### 23. Prohibition of betting unless in accordance with this Act (1) A person shall not personally or by means of an agent, or by post, telephone or other electronic means of communication — (a) make a bet at or in a place in this State; or (b) be at or in a public place in this State for the purpose of betting, unless — (c) the place is — (i) premises to which section 5(2) for the time being applies; or (ii) a racecourse where a race meeting is being held under a licence issued by RWWA under the RWWA Act or the *Racing Restriction Act 2003*; or (iii) a part of a racecourse where for the time being a bookmaker is permitted by section 12(3) to bet or carry on business as such on that racecourse; or (iv) a registered place; or (d) the bet is made — (i) by means of a totalisator authorised to operate under a written law; or (ii) as a fixed odds bet with RWWA in accordance with a written law; or (iii) with a bookmaker in accordance with this Act; or (e) the bet constitutes permitted gaming, or social gambling, as defined in the *Gaming and Wagering Commission Act 1987*. (2) No person shall knowingly — (a) place a bet for; or (b) assist in laying, procuring or obtaining a bet with any bookmaker for, a person to whom an order made under section 25 applies. [Section 23 amended: No. 49 of 1960 s. 12; No. 113 of 1965 s. 8(1); No. 66 of 1970 s. 3; No. 46 of 1972 s. 6; No. 77 of 1976 s. 17; No. 34 of 1985 s. 8; No. 74 of 1987 s. 7; No. 11 of 1992 s. 45; No. 63 of 1995 s. 67; No. 17 of 1998 s. 19; No. 23 of 1998 s. 20; No. 40 of 1999 s. 35; No. 35 of 2003 s. 88; No. 8 of 2007 s. 11; No. 29 of 2009 s. 9; No. 41 of 2018 s. 15(1); No. 21 of 2019 s. 80; No. 53 of 2024 s. 12 and 23.] ##### 24. Unlawful betting (1) Subject to this Act, a person who — (a) not being the holder of a current bookmaker’s licence carries on the business or vocation of, or acts as, a bookmaker; or (b) bets with any other person who carries on, or purports to carry on, the business or vocation of, or who acts as, a bookmaker but is not the holder of a current bookmaker’s licence; or (c) bets with a bookmaker, otherwise than in accordance with this Act; or (d) bets by means of a totalisator, not being a totalisator duly authorised to operate under, and operated in accordance with, a written law; or (e) bets with a totalisator, otherwise than in accordance with the written law by which the operation of that totalisator is authorised, at any time or at any place in this State, commits an offence. [(1aa) deleted] (1a) Without limiting the matters which a court may take into consideration when passing sentence in respect of an offence committed under subsection (1), the court may take into consideration when so passing sentence any interstate offence of which the accused has previously been convicted. (2) In this section — bets includes — (a) negotiating bets; and (b) receiving or paying money in connection with bets; and (c) settling bets, on or in connection with the result of any event; interstate offence means an offence under the law of another State or a Territory, which offence is declared by the regulations to be an offence that corresponds to an offence under that subsection. (3) A prosecution for an offence against this section committed after the commencement of this subsection, may be commenced at any time within 5 years from the date the offence was committed. [Section 24 inserted: No. 63 of 1995 s. 68; amended: No. 17 of 1998 s. 20; No. 84 of 2004 s. 80 and 82; No. 70 of 2006 s. 7; No. 29 of 2009 s. 10; No. 41 of 2018 s. 10 and 15(1); No. 53 of 2024 s. 13.] ##### 25. Bookmakers may be ordered not to bet (1) Upon proof being given to the satisfaction of the Magistrates Court that any person by excessive betting is likely to be impoverished to a degree where that person or any member of the family of that person is in want, the Court may order that no bookmaker shall bet with such person for not exceeding the space of one year. (2) The Court may in like manner renew such order from time to time as to all such persons as have not in its opinion reformed. (3) An order made under subsection (1) shall be given effect to by RWWA, any person authorised to operate a totalisator, and any person who is, or acts on behalf of, any bookmaker, and neither RWWA nor any such person shall, after notice of the making of an order under subsection (1), bet with the person named therein. [(4) deleted] (5) An order made under this section may be revoked by the Court. (6) All proceedings under subsection (1) or (2) shall be heard in camera. [Section 25 amended: No. 113 of 1965 s. 8(1); No. 78 of 1978 s. 6; No. 11 of 1992 s. 47; No. 63 of 1995 s. 69; No. 35 of 2003 s. 103; No. 59 of 2004 s. 141; No. 41 of 2018 s. 15(1); No. 53 of 2024 s. 23.] ##### 26. Loitering in street or public place If any member of the Police Force has reasonable grounds for suspecting that a person is standing or loitering in any street or public place for the purpose of, or with the intention of, betting contrary to this Act, the person shall, whether or not such standing or loitering causes, or tends to cause, an obstruction to traffic in that street or public place, not refuse or neglect to move on when requested by that member of the Police Force so to do. Penalty: a fine of $2 000. [Section 26 inserted: No. 63 of 1995 s. 70; amended: No. 41 of 2018 s. 15(3); No. 53 of 2024 s. 23.] ##### 26A. Removal of persons (1) If any member of the Police Force has reasonable grounds for suspecting that, in any place, a person is guilty of, or has on that day been guilty of, betting contrary to the provisions of section 24, that member of the Police Force may, without warrant, arrest that person and remove that person from that place. (2) If a person suspected of having committed an offence against this Act is arrested under this section, a report of that fact, and of the circumstances, shall forthwith be made to the Attorney General. (3) No person who has been removed from a place under this section shall, during the day on which the person was so removed, re‑enter or be again upon that place, or any place contiguous thereto. (4) No member of the Police Force who acts bona fide in the intended exercise of the powers conferred by subsection (1) is liable to any proceedings, civil or criminal, in consequence of having so acted. [Section 26A inserted: No. 63 of 1995 s. 71; amended: No. 41 of 2018 s. 15(1); No. 53 of 2024 s. 23.] ##### 26B. Penalty for persons warning offenders of approach of member of Police Force A person who is in or near to any place, whether a public place or not, for the purpose of giving warning to any other person of the presence or approach of any member of the Police Force, or for the purpose of preventing the detection of any offence against this Act, commits an offence. Penalty: a fine of $20 000. [Section 26B inserted: No. 63 of 1995 s. 72; amended: No. 41 of 2018 s. 15(3); No. 53 of 2024 s. 23.] ##### 26C. Unlawful betting on licensed premises (1) If — (a) a person is convicted for an offence under section 23 or 24; and (b) the offence took place on premises in respect of which a licence has been granted under the *Liquor Control Act 1988*, the licensee, any manager of the business conducted under the licence, and any employee or agent of such a person who permitted the offence under section 23 or 24 to occur on those premises, commits an offence. Penalty for this subsection: (a) in the case of the licensee or manager, a fine of $20 000; (b) in the case of an employee or agent, a fine of $10 000. (2) In any proceedings against a person under subsection (1), any statement made by the person convicted for the offence under section 23 or 24, as to the place where the offence was committed shall be prima facie evidence of the place where the offence was committed. (3) It is a defence to any charge of an offence under subsection (1) to show — (a) that the accused person or, if the accused person was not on the premises at the time the offence against section 23 or 24 was committed, the person then in charge of the premises, did not know and could not by the exercise of all practical diligence have known, that the offence was being committed; or (b) that the offence was committed contrary to the will of the accused person or, if the accused person was not on the premises at the time the offence was committed, contrary to the will of the person who was then in charge of the premises, and that the accused person or the person so in charge, as the case may be, took all reasonable steps to prevent the offence from being committed. (4) If any member of the Police Force has reasonable grounds for suspecting that, on any premises in respect of which a licence has been granted under the *Liquor Control Act 1988*, a person found on the premises — (a) has, at any time on that day on which the person was so found on those premises, been guilty of betting or offering to bet, contrary to the provisions of this Act; or (b) is on those premises for the purpose of so betting, that member of the Police Force may, without warrant, arrest that person and remove the person from the premises, or cause the person to be so arrested or removed. (5) If a person who has been so removed from any such premises re‑enters or is again upon those premises during the day on which that person was so removed, the person commits an offence. (6) No member of the Police Force who has acted bona fide in the intended exercise of the powers conferred by subsection (4), and no person acting under the instructions of, or for the purpose of assisting such a member, is liable to any proceedings, civil or criminal, in consequence of having so acted. [Section 26C inserted: No. 63 of 1995 s. 73; amended: No. 73 of 2006 s. 114; No. 41 of 2018 s. 11 and 15(1); No. 53 of 2024 s. 23.] ##### 27. Penalty on owner or occupier of premises used for unlawful betting An owner or occupier of a place shall not open, use, or permit the use of the place for betting by any means, whether in person or by means of an agent, or by post, telephone or other electronic means of communication, unless — (a) the place is — (i) a racecourse where a race meeting is being held under a licence issued by RWWA under the RWWA Act or the *Racing Restriction Act 2003*; or (ii) at the time it is opened or used or permitted to be used for betting, a part of a racecourse where a bookmaker is for the time being permitted under section 12(3) to bet or carry on business as a bookmaker; or (iii) a registered place; or (b) the betting is carried on — (i) by means of a totalisator authorised to operate under a written law; or (ii) in accordance with this Act; or (c) the provisions of section 5(2) apply; or (d) the betting is done in accordance with the provisions of the RWWA Act; or (e) the betting constitutes permitted gaming, or social gambling, as defined in the *Gaming and Wagering Commission Act 1987*. [Section 27 inserted: No. 35 of 2003 s. 89; amended: No. 41 of 2018 s. 15(3); No. 21 of 2019 s. 80; No. 53 of 2024 s. 14.] ##### 27A. Interstate and offshore betting authorised person means — (a) a bookmaker; or (b) a person authorised under the law of another State or Territory to engage in or conduct betting on events; or (c) an offshore betting operator granted an exemption by the Commission under this section; interstate or offshore bet means a bet made — (a) on an event or contingency outside the State; and (b) by telephone or electronically by means of the internet, subscription television or any other on‑line communications system; and (c) with a person who is outside the State (including a person who is outside Australia); permitted event or contingency means — (a) an event or contingency approved under section 4B(2); or (b) an event or contingency, except a prohibited event or contingency, on which betting is permitted by the laws of another State or a Territory. (2) A person in this State who makes an offshore bet with a person who the person making the bet knows, or would be reasonably expected to know, is not an authorised person commits an offence. (2A) A person in this State who makes an interstate or offshore bet on an event or contingency that is not a permitted event or contingency commits an offence. (2B) A person other than an authorised person who offers an interstate or offshore bet in this State commits an offence. (2C) A person who offers an interstate or offshore bet in this State on an event or contingency that is not a permitted event or contingency commits an offence. (3) A person who — (a) is in possession of a record that is kept or used in connection with, or that relates to, an interstate or offshore bet; and (b) knows, or would be reasonably expected to know, that the person with whom the interstate or offshore bet was made is not an authorised person, (4) On an application in a form approved by the Commission accompanied by the prescribed fee, and on such supporting information as the Commission may direct being furnished to the satisfaction of the Commission, the Commission may grant an offshore betting operator an exemption for the purposes of this section. (5) The Commission may refuse to grant an offshore betting operator an exemption for the purposes of this section if the Commission, having regard to — (a) whether the jurisdiction which granted the authorisation to engage in or conduct betting on events applies similar standards to those that would apply to an authorisation granted in Australia; and (b) any arrangements made by the offshore betting operator with Australian racing or sporting organisations in relation to engaging in or conducting betting on events, is satisfied that the exemption would not be in the public interest. [Section 27A inserted: No. 35 of 2003 s. 90; amended: No. 70 of 2006 s. 8; No. 29 of 2009 s. 11; No. 41 of 2018 s. 12 and 15(1); No. 53 of 2024 s. 15 and 23.] [**27B, 27C.** Deleted: No. 29 of 2009 s. 12.] ##### 27D. Publication of WA race fields restricted (1) Section 27D applies to — (a) a person who in this State or elsewhere — (i) carries on the business or vocation of, or acts as, a bookmaker; or (ii) conducts betting by the operation of a totalisator; or (iii) operates a betting exchange (however described); or (iv) gains or endeavours to gain a livelihood wholly or partly by making bets; or (b) a person who is an employee or agent of a person referred to in paragraph (a). (2A) A person to whom this section applies who, in this State or elsewhere, publishes or otherwise makes available a WA race field in the course of business commits an offence unless the person — (a) is a domestic betting operator who — (i) is authorised to do so by an authorisation; and (ii) complies with any condition that is prescribed by the regulations for the purposes of section 27F(1); or (b) is an offshore betting operator who — (i) is authorised to do so by an approval; and (ii) complies with any condition to which the approval is subject. (2) On the application of an offshore betting operator and the payment of the prescribed fee, the Commission may, by notice in writing, give an approval authorising the operator to publish or otherwise make available WA race fields specified in the notice or of a class specified in the notice. (3) An approval may be unconditional or subject to one or more conditions specified in the notice. (4A) An approval is subject to the following conditions — (a) that the holder of the approval provide the Commission or an officer of RWWA approved in writing by the Commission with prescribed information and access in a prescribed manner; (b) that the holder of the approval comply with prescribed conditions for cooperating with authorised officers of the Commission and the Chief Steward of RWWA relating to the preservation of the integrity and reputation of racing in the State. (4) The Commission may, by notice in writing, amend, suspend or revoke an approval. (5) Before deciding — (a) to give or to refuse to give an approval; or (b) to impose one or more conditions on an approval; or (c) to amend, suspend or revoke an approval, the Commission is to have regard to the prescribed criteria. (6) Without limiting any other power of the Commission under this section, the Commission may refuse to give an approval if satisfied that the approval would not be in the public interest. (7) If the Commission decides — (a) to refuse to give an approval; or (b) to impose one or more conditions on an approval; or (c) to amend, suspend or revoke an approval, the Commission is to give notice in writing of the decision and the reasons for the decision to the person applying for, or holding, the approval. [Section 27D inserted: No. 70 of 2006 s. 9(1); amended: No. 29 of 2009 s. 13; No. 41 of 2018 s. 15(2); No. 53 of 2024 s. 23.] ##### 27E. Confidentiality (1) This section applies to the following — (a) a member of the Commission; (b) an officer or employee who provides or has provided services to the Commission under the *Gaming and Wagering Commission Act 1987* section 18(1); (c) a consultant who is or has been engaged by the Commission under the *Gaming and Wagering Commission Act 1987* section 18(3); (d) an officer or former officer of RWWA who is or has been approved in writing by the Commission under section 27D(4A)(a) or 27F(2)(a) (an approved officer). (2) A person to whom this section applies must not, directly or indirectly, record, disclose or make use of any information provided to the Commission or an approved officer under section 27D(4A)(a) or 27F(2)(a) except — (a) for the purpose of performing functions under this Act or another written law; or (aa) for the purpose of the Commissioner (as defined in the *Taxation Administration Act 2003* Glossary clause 1) performing the Commissioner’s functions in relation to betting tax (as defined in the *Betting Tax Assessment Act 2018* section 4); or (b) in the case of an approved officer, the disclosure of information relating to the preservation of the integrity and reputation of racing in the State to the Integrity Assurance Committee established under the *Racing and Wagering Western Australia Act 2003* section 47(1); or (c) as required under another written law; or (d) with the written consent of the person to whom the information relates; or (e) in other prescribed circumstances. (3) Subsection (2) does not apply to the extent to which the information disclosed is summary or statistical information that could not reasonably be expected to enable particulars relating to any person to be ascertained. [Section 27E inserted: No. 29 of 2009 s. 14; amended: No. 37 of 2018 s. 33; No. 41 of 2018 s. 15(2); No. 53 of 2024 s. 16.] ##### 27F. Authorisation of publication of WA race fields by domestic betting operators (1) Subject to this section and compliance with any condition that is prescribed by the regulations for the purposes of this subsection, a domestic betting operator is in this State and elsewhere authorised to publish or otherwise make available a WA race field. (2) An authorisation is subject to the following conditions — (a) that the domestic betting operator provide the Commission or an officer of RWWA approved in writing by the Commission with prescribed information and access in a prescribed manner; (b) that the domestic betting operator comply with prescribed conditions for cooperating with authorised officers of the Commission and the Chief Steward of RWWA relating to the preservation of the integrity and reputation of racing in the State. (3) The Commission may, by notice in writing — (a) cancel the authorisation of a domestic betting operator; or (b) suspend the authorisation of a domestic betting operator for a period specified in the notice. (4) Before deciding to cancel or suspend the authorisation of a domestic betting operator, the Commission is to have regard to the prescribed criteria relating to a domestic betting operator. (5) If the Commission has reason to cancel or suspend the authorisation of a domestic betting operator, it is not to do so without giving the operator an opportunity to show cause why the authorisation should not be cancelled or suspended. (6) If the Commission decides to cancel or suspend the authorisation of a domestic betting operator, the Commission is to give notice in writing of the decision and the reasons for the decision to the operator. (7) If an authorisation of a domestic betting operator is cancelled, the operator may apply in a form approved by the Commission, after the date specified by the Commission in the notice given under subsection (6), for restoration of the authorisation. (8) An application under subsection (7) is to be accompanied by the prescribed fee (if any). [Section 27F inserted: No. 29 of 2009 s. 14.] ##### 27G. Liability of officers for offence by body corporate *The Criminal Code* section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in the Table. Table | s. 11C(9) and (13) | s. 11E(5) | | --- | --- | | s. 11G(1) and (2) | s. 14A(2) | | s. 20A(2) and (2A) | s. 20B(6) | | s. 23(1) | s. 24(1) | | s. 26C(1) | s. 27 | | s. 27A(2), (2B), (2C) and (3) | s. 27D(2A) | | s. 28C | s. 28D | [Section 27G inserted: No. 9 of 2023 s. 26; amended: No. 53 of 2024 s. 17.] ##### 27H. Liability of individuals, partners, bodies corporate and licensed managers (1) If an employee of a bookmaker who is a natural person commits an offence against this Act related to the business of the bookmaker, the bookmaker is to be treated as having committed an offence and is liable to the penalty prescribed for the offence committed by the employee. (2) If a manager, an employee or an agent of a bookmaker that is a partnership or a body corporate commits an offence against this Act related to the business of the partnership or body corporate as a bookmaker — (a) each of the partners; or (b) the body corporate, as the case may be, is to be treated as having committed an offence and is liable to the penalty prescribed for the offence committed by the manager, employee or agent of the partnership or body corporate. [(3) deleted] (4) If an employee of a bookmaker that is a partnership or a body corporate commits an offence against this Act related to the business of the bookmaker, the licensed manager of the bookmaker is to be treated as having committed an offence and is liable to the penalty prescribed for the offence committed by the employee. [Section 27H inserted: No. 70 of 2006 s. 10(1); amended: No. 9 of 2023 s. 28.] ##### 28. Forfeiture of betting material and money in certain cases (1) A court recording a conviction of a charge of an offence against this Act, may order that betting material found and produced in evidence at the hearing of the charge be destroyed, and that money found on or in a place used for betting contrary to the provisions of this Act be forfeited to the Crown. (2) Where money is found in the possession of an offender convicted of betting, contrary to this Act, and is proved to have been received in connection with that betting, the court shall order that the money be forfeited to the Crown. [Section 28 amended: No. 11 of 1992 s. 50.] ##### 28A. Search warrant (1) If it appears to a justice on an application supported by evidence on oath before that justice that there are reasonable grounds for suspecting that unlawful betting is or is about to be carried on in or upon any place or public place the justice may give to any member of the Police Force or authorised officer a warrant in the prescribed form. (2) A warrant so given authorises the holder, with such assistance as may be necessary, — (a) to enter into and upon and search the place or public place named in the warrant at any time during the day or night and to open and break open if necessary and search all things found therein or thereupon; and (b) to use force if necessary in making entry whether by breaking open doors or otherwise; and (c) to search all persons found therein or thereupon; and (d) to arrest all persons found therein or thereupon and to detain them until they are dealt with according to law; and (e) to seize all betting material and money found therein or thereupon or upon the persons referred to in paragraph (c) that may reasonably be supposed to have been used or designed for use in connection with or in relation to such suspected unlawful betting; and (f) to detain all such betting material and money until its owner or owners appear before a court of summary jurisdiction to claim the betting material or money, and satisfy the court how and for what use or purposes it was intended, or it is dealt with in accordance with the provisions of section 28. (3) In this section unlawful betting means any contravention of or failure to observe any provision of section 23, 24, 27 or 27A. (4) No female person shall be searched under authority of a warrant given pursuant to this section, except by a female member of the Police Force and in the presence of female persons only. (5) The court of summary jurisdiction may, subject to section 28, confiscate all or any of the betting material, as deemed fit, if the owner or owners — (a) do not appear before the court within 21 days after the seizure of that betting material or money; or (b) on so appearing, do not show to the satisfaction of the court after due examination that the betting material or money was not in the place or public place or upon the persons found therein or thereupon for the purpose of being used in relation to, or in connection with, unlawful betting. [Section 28A inserted: No. 14 of 1961 s. 2; amended: No. 63 of 1995 s. 75; No. 13 of 2002 s. 23; No. 35 of 2003 s. 91; No. 59 of 2004 s. 141; No. 84 of 2004 s. 80; No. 70 of 2006 s. 11; No. 29 of 2009 s. 15.] ##### 28B. Prima facie evidence of offence Where, on the hearing by a court of a charge of an offence against section 23, 24, 27 or 27A — (a) the evidence of the prosecution is such as to raise in the mind of the court a reasonable suspicion that the person charged is guilty of the offence charged, that evidence shall be deemed to be prima facie evidence that the person is guilty of that offence; or (b) the court is of opinion that any betting material or money that has to the satisfaction of that court been proved to have been found in any place or public place wherein it was suspected that unlawful betting was carried on and entered under a warrant given under section 28A and to have been so found in circumstances that in the mind of the court raises a reasonable suspicion that the betting material or money was used or designed for use in contravention of this Act, such finding shall be deemed prima facie evidence of the commission by the accused person of the offence charged; or (c) the court is of opinion that any money or thing which has to the satisfaction of that court been proved to have been — (i) given to, or received or paid by, the accused person; or (ii) given to, or received or paid by, any person or persons on behalf of the accused person, has been given, received or paid in circumstances which, in the mind of the court, raise a reasonable suspicion that the money or thing was so given, received, or paid in contravention of this Act, such giving, receiving, or paying shall be deemed prima facie evidence of the commission by the accused person of the offence charged. [Section 28B inserted: No. 14 of 1961 s. 2; amended: No. 63 of 1995 s. 76; No. 35 of 2003 s. 92; No. 84 of 2004 s. 80; No. 70 of 2006 s. 12; No. 29 of 2009 s. 16.] ##### 28C. Offences in respect of conducting betting agencies A person who — (a) having the management or control of any totalisator agency, authorises or permits or suffers — (i) the premises of that agency to be used; or (ii) any act or thing to be done or omitted in or in relation to that agency, in contravention of this Act; or (b) having the management or control of or being employed or acting in any capacity in connection with any totalisator agency, accepts from any person any bet which — (i) is prohibited by; or (ii) does not conform with, this Act; or (c) not being a person lawfully managing or controlling or being employed in any totalisator agency sells or offers to sell any totalisator ticket purporting to be issued by RWWA; or (d) purchases any totalisator ticket from any person not authorised to sell it, [Section 28C inserted: No. 63 of 1995 s. 77; amended: No. 35 of 2003 s. 103; No. 41 of 2018 s. 15(3); No. 53 of 2024 s. 18.] ##### 28D. Penalty for acting as totalisator agent Subject to the provisions of section 28F, a person who — (a) for a fee, commission, reward, share or interest of any kind; or (b) upon any understanding or agreement, whether express or implied, for any fee, commission, reward, share or interest, receives from any other person any money for the purpose of placing, investing or depositing that money, or any part of that money, in any totalisator commits an offence. [Section 28D inserted: No. 63 of 1995 s. 78; amended: No. 41 of 2018 s. 15(3); No. 53 of 2024 s. 19.] ##### 28E. Penalty for officers of RWWA, and racing clubs and employees of totalisators, accepting instructions as to investments on totalisators Subject to the provisions of section 28F, any — (a) officer, agent or servant of RWWA or of a racing club using a totalisator; or (b) person employed in connection with the totalisator, who accepts or acts on any telegraphic, telephonic or radiographic request, instructions or directions relating to investments on that totalisator, whether the request, instructions or directions are received on a race course or elsewhere, commits an offence. [Section 28E inserted: No. 63 of 1995 s. 79; amended: No. 35 of 2003 s. 103; No. 41 of 2018 s. 15(3); No. 53 of 2024 s. 23.] ##### 28F. Non‑application of sections 28D and 28E (1) The provisions of sections 28D and 28E do not apply — (a) to RWWA, any manager, secretary, officer, employee or agent of RWWA, or to any employee of the agent, in respect of any bet properly made through or with RWWA in accordance with this Act; or (b) to any person employed in connection with a totalisator in respect of the transmission to a totalisator of any such bets made through RWWA. (2) Notwithstanding the provisions of any other Act it shall be lawful — (a) to communicate information from — (i) a race course; or (ii) a venue at which a sporting event, on or in relation to which bookmaking is approved under section 4B, is held, to a totalisator agency for or in connection with the payment or crediting of dividends to persons making bets through RWWA; or (b) to broadcast information as to the amount of dividends payable on any race or sporting event on which bets have been made through or with RWWA, after those dividends have been declared on the totalisator or by RWWA. [Section 28F inserted: No. 63 of 1995 s. 80; amended: No. 35 of 2003 s. 103.] ##### 28G. Penalty for accepting bets after closing time (1) Any manager, secretary, officer, employee or agent of RWWA, or any employee of the agent, who receives or permits to be received any bets in respect of any race or sporting event after the time, as notified by the race club or other body conducting the race or sporting event, for the starting of that race or sporting event, commits an offence. Penalty for this subsection: a fine of $2 500. (2) Subsection (1) does not apply to a bet received after the start of a sporting event but before the end of that event if — (a) the event has been, or is of a class of event that has been, approved in writing by the Commission for the purpose of this subsection; or (b) the bet is received in the course of the participation by RWWA in — (i) a combined totalisator pool scheme under the *Racing and Wagering Western Australia Act 2003* section 59; or (ii) a jointly operated fixed odds wagering system under the *Racing and Wagering Western Australia Act 2003* section 61. [Section 28G inserted: No. 63 of 1995 s. 81; amended: No. 35 of 2003 s. 103; No. 29 of 2009 s. 17; No. 41 of 2018 s. 15(1).] ##### 29. Penalty for providing credit An officer, agent or employee of RWWA or any employee of an agent of RWWA who accepts a bet through RWWA involving the provision of credit by RWWA, contrary to the provisions of section 63 of the RWWA Act, commits an offence. [Section 29 inserted: No. 40 of 1999 s. 36; amended: No. 35 of 2003 s. 93 and 103; No. 41 of 2018 s. 15(3); No. 53 of 2024 s. 23.] ##### 30. General penalty (1) A person who contravenes or attempts to contravene any provision of this Act, the regulations or the Rules of Betting prescribed is liable to the penalty expressly provided for the offence, but if no penalty is expressly provided for the offence is liable — (a) if the contravention is a continuing offence, to a penalty of a sum not exceeding $5 000, and in addition to a penalty of a sum not exceeding $250 for each day the offence continues; or (b) if the contravention is not a continuing offence, to a penalty not exceeding $5 000. (2) Any holder of a licence or authorisation under this Act who — (a) causes, suffers or permits any other person to contravene a provision of this Act, the regulations or Rules of Betting prescribed; or (b) takes part in a betting transaction knowing that the transaction involves such a contravention, commits an offence and is liable to the punishment to which a person convicted of that contravention would be liable. [Section 30 amended: No. 11 of 1992 s. 52; No. 53 of 2024 s. 23.] ##### 30A. Offences to be dealt with by magistrate A court of summary jurisdiction dealing with an offence under this Act is to be constituted by a magistrate. [Section 30A inserted: No. 59 of 2004 s. 141.] ##### 31. Conduct of betting (1) A bookmaker shall not — (a) employ — (i) in the business of the bookmaker or as an agent in relation to that business, any person other than a licensed employee or licensed manager; or (ii) on a racecourse, a person who does not hold a permit from the committee or other authority controlling that racecourse in respect of the aspects of the business to be carried on by that person; or (b) except in so far as the licence of a licensed employee may authorise that employee to carry on a specific aspect of the business of that bookmaker, in the case of a bookmaker who is a natural person, fail personally — (i) to conduct the business; and (ii) to make every bet; and (iii) in respect of each bet other than a bet made by telephone in accordance with the regulations, to write and, unless the regulations provide otherwise, deliver to the bettor the betting ticket; or (c) allow any other person to have an interest, financial or otherwise, in the business of that bookmaker, whether that interest is direct or indirect; or (d) pay or promise to pay to a person a sum of money the amount of which in any way depends upon — (i) the amount of the profit or loss sustained by the bookmaker in betting related to the business of that bookmaker; or (ii) the results of that betting; or (e) pay or give, or promise to pay or give, to a person any payment, fee, commission, remuneration, reward or any valuable consideration whatsoever in consideration of that person on behalf of any other person — (i) making; or (ii) taking, bets with that bookmaker; or (f) receive, or agree or promise to receive, as the consideration for a bet the delivery of, or an agreement or promise to deliver, property other than money; or (g) refuse or neglect to pay a bet as and when directed by the Commission; or (h) bet on any event other than — (i) a race or the result of a race; or (ii) an event or contingency approved under section 4B(2). (2) A bookmaker who refuses or neglects to repay the bettor, immediately on demand, any money received by the bookmaker in connection with a bet made contrary to any provision of this Act, the regulations or the Rules of Betting prescribed, commits an offence. [Section 31 inserted: No. 11 of 1992 s. 54; amended: No. 63 of 1995 s. 83; No. 17 of 1998 s. 23; No. 13 of 2002 s. 24; No. 35 of 2003 s. 95 and 102; No. 41 of 2018 s. 13; No. 21 of 2019 s. 80.] ##### 31A. Evidence (1) A person is not excused from giving information or producing records or any other thing when required to do so under this Act on the ground that the information, records or other thing might tend to incriminate him, but his answer to any question asked, his giving of any other information, the production by him of any records or other thing or his compliance with the requirement in any other respect is not admissible in evidence against him in any criminal proceedings, other than proceedings under this Act. (2) In any proceedings under this Act — (a) it shall not be necessary to prove the appointment of a member of the Commission, and all courts and persons acting judicially shall take judicial notice of a signature attached or appended to a document purporting to be issued under this Act if the signature purports to be that of a person who at the relevant time is or was the holder of such an office, unless the contrary is proved; and (b) a document signed by a member of the Commission stating that at the time or during the period stated in the document — (i) a person named in the document was an authorised person or permittee for the purposes of this Act specified in the document; or (ii) a licence, permit or approval was granted, a requirement was made, or a direction or notice was given, or was in force or had effect, or had been amended, or was not in force or was of no effect, in relation to the circumstances specified in the document, or had been served on any person, under this Act, shall be evidence of the facts stated and, in the absence of evidence to the contrary, conclusive evidence; and (c) a document or writing purporting to be a copy of any licence, permit or approval granted, or of any requirement made or direction or notice given, under this Act shall be evidence of the licence, permit, approval, certificate, requirement, direction or notice of which it purports to be a copy and, in the absence of evidence to the contrary, conclusive evidence; and (d) an averment that — (i) a person is of a specified age or is under or over a specified age; or (ii) that any place at which an offence was committed was a place to which a licence, permit or approval applies or did not apply; or (iii) a specified term, condition, restriction or prohibition had effect in relation to any specified licence, permit or approval; or (iv) in proceedings against a person in that person’s capacity as the holder of a licence, permit or approval, that the person is the holder of a specified licence, permit or approval; or (v) that a person is a person to whom a specified licence, permit or approval was not issued, shall be evidence of the facts stated and, in the absence of evidence to the contrary, conclusive evidence; and (e) where an officer authorised for the purpose by the Commission or a racing club, a police officer or a person acting at the request of such an authorised officer or police officer, enters into any bet and another person is charged with an offence arising out of the bet, on the hearing of the charge that authorised officer, police officer or person acting on request — (i) is deemed not to be an accomplice of the person charged and not to be guilty of an offence; and (ii) may give evidence, and his evidence shall be deemed not to be the evidence of an accomplice; and (f) a person may be convicted on the uncorroborated evidence of an accomplice, and shall not be acquitted by reason only that the only evidence is the uncorroborated evidence of an accomplice unless the truth of that evidence is suspect; and (g) an act, admission or statement of a licensed manager, an employee or agent of a person charged with an offence is admissible as evidence, whether it is done, made or given in the presence of that person or not. (3) An officer authorised by the Commission and any police officer may seize any betting material, money or other thing which he has reasonable cause to believe may be required as evidence for the purpose of proceedings in respect of an offence under this Act or which appears to him to contravene a condition of any licence, permit or approval under this Act. [Section 31A inserted: No. 11 of 1992 s. 55; amended: No. 17 of 1998 s. 24; No. 13 of 2002 s. 25; No. 35 of 2003 s. 102; No. 84 of 2004 s. 80; No. 59 of 2006 s. 73.] ##### 32. Disputes as to bets with bookmakers (1) A question or dispute as to whether a bet alleged to have been made with a bookmaker on a racecourse was so made, or as to the amount payable in respect of such a bet — (a) shall be referred in the first instance to and determined by the stewards of the race meeting, or as the committee or other authority controlling the racecourse may direct; and (b) may, by any party to the bet affected by that determination, be referred to the Commission on an appeal from that determination made under subsection (2). (2) An appeal from a determination made in the first instance shall be referred to the Commission by notice in writing delivered to the Commission — (a) if the racecourse is in the metropolitan region, within 3 days; or (b) in any other case, within 7 days, of that determination, but may be heard at the discretion of the Commission where special circumstances exist if lodged otherwise, and shall be decided by the Commission as an administrative act. (3) Where any question or dispute as to a bet relates only to a proportion of the amount otherwise payable then payment shall be made on the bet in so far as it is not so questioned or disputed. (4) A bookmaker shall abide by — (a) any determination in the first instance made under subsection (1), but if it is the intention of the bookmaker to withhold payment of the bet pending a decision of the Commission on an appeal made under subsection (2) the bookmaker shall give to any other party to the question or dispute an acknowledgment in writing setting out the amount, nature and circumstances of the bet as alleged by the bookmaker and the fact of any determination made; and (b) any decision of the Commission made under subsection (2). (5) Where a person is entitled to be given an acknowledgment of an alleged bet under subsection (4)(a), and payment on that bet is not made by the bookmaker, then on the expiry of the period permitted by subsection (2) if an appeal in respect of a determination of the question or dispute has not been referred to the Commission for decision that person may apply to the Commission for a direction that the bet, on terms decided by the Commission, shall be payable by the bookmaker. [Section 32 inserted: No. 11 of 1992 s. 56; amended: No. 35 of 2003 s. 102; No. 38 of 2005 s. 15; No. 21 of 2019 s. 80.] ##### 32A. Disciplinary powers for licensees other than wagering licensee (1A) This section does not apply to a wagering licence or a wagering licensee. (1) The powers conferred by this section shall be exercised by the Commission administratively, but the Commission shall give the holder of a licence, or of an authorisation to possess or operate a totalisator, under this Act an opportunity to show cause why such a power should not be exercised in relation to that holder. (2) Where the Commission, having given the person referred to in subsection (1) an opportunity to show cause, is satisfied that the holder of a licence or such an authorisation — (a) has — (i) been convicted of an offence under this Act; or (ii) at a material time employed or engaged, in relation to the business carried on under the licence or such an authorisation, a person who in the course of that business committed an offence under this Act of which that person was convicted; or (iii) has been convicted, or so employed or engaged a person who was convicted, of an offence, other than an offence under this Act, but has not notified the Commission of that conviction; or (b) notwithstanding that proceedings for an offence under this Act have not been taken, or are pending, has contravened — (i) a provision of this Act, the regulations or the Rules of Betting prescribed; or (ii) a term or condition of the licence or such an authorisation, or has caused or permitted a licensed employee or licensed manager so to do; or (c) is guilty of conduct which renders it undesirable in the public interest that the licence or such an authorisation should continue to be held; or (d) has become incapable of properly conducting the business, or any aspect of the business, of a bookmaker; or (e) in the case of a partnership, does not comply with any one or more of the matters referred to in section 11B(1) that must be satisfied if a partnership is to continue to be eligible to be licensed as a bookmaker; or (f) in the case of a body corporate, does not comply with any one or more of the matters referred to in section 11C(1) that must be satisfied if a body corporate is to continue to be eligible to be licensed as a bookmaker, the Commission may take disciplinary action. (3) Where the Commission determines that a proper cause for disciplinary action exists the Commission may by order — (a) issue a reprimand; and (b) impose a condition on, or otherwise limit the authority conferred by, the licence or such an authorisation; and (c) vary or cancel any term or condition to which the licence or such an authorisation is subject; and (d) suspend the operation of the licence or such an authorisation, or of any term or condition of the licence or such an authorisation — (i) until further order; or (ii) for a specified period; and (e) cancel the licence or such an authorisation; and (f) require the holder of the licence or such an authorisation to enter into a bond or otherwise give security for future conduct; and (g) give directions as to the conduct of business to which the licence or such an authorisation relates. (4) Where the Commission is satisfied that the holder of a licence as a bookmaker or of such an authorisation — (a) has carried on, or attempted to carry on, the business of a bookmaker or the operation of a totalisator authorised under this Act during any period when the operation of that licence or authorisation was suspended; or (b) has committed, or has caused or permitted the commission of, a continuing breach of a provision the contravention of which was the subject of an order made under this section that has continuing effect, the Commission may with immediate effect make a further order that the licence or authorisation shall be cancelled. (5) An order made under this section — (a) may be varied or revoked, as the Commission thinks fit; and (b) subject to subsection (4), takes effect on written notice of it being given to the holder of the licence or such an authorisation. (6) Where the operation of a licence or such an authorisation is suspended or a licence or such an authorisation is cancelled — (a) the Commission may advertise the fact, and call for claims from persons to whom the holder or former holder is indebted in respect of betting transactions; and (b) section 11E(3) and (4) apply in relation to the application of any security or the termination of any bond that relates to the licence or such an authorisation; and (c) the holder or former holder shall upon demand reimburse the Commission for any costs incurred under paragraphs (a) or (b); and (d) the obligation under any security lodged is not thereby discharged and its validity is not affected. [Section 32A inserted: No. 11 of 1992 s. 57; amended: No. 11 of 1992 s. 63; No. 13 of 2002 s. 26; No. 35 of 2003 s. 102; No. 21 of 2019 s. 77(1).] ## Part 5 — Miscellaneous [Heading inserted: No. 35 of 2003 s. 101(5).] ##### 32B. Delegation by CEO (1) The CEO may delegate a power or duty of the CEO under another provision of this Act to — (a) an officer of the Department; or (b) a person authorised for the purposes of this section by the regulations. (2) The delegation must be in writing signed by the CEO. (3) A person exercising a power or duty that has been delegated to the person under this section is taken to do so in accordance with the terms of the delegation unless the contrary is shown. (4) Nothing in this section limits the ability of the CEO to perform a function through an officer or agent. [Section 32B inserted: No. 53 of 2024 s. 20.] ##### 33. Regulations (1) The 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, and, in particular, may by the regulations — (a) make provision for betting under this Act on events and contingencies related to those events, the recording of such bets and as to the liabilities arising out of such bets; (b) provide for — (i) licensing of bookmakers; and (ii) licensing of bookmakers’ employees; and (iia) the licensing of a manager of a bookmaker that is a body corporate or a partnership; and (iii) classification of licences; and (iv) terms and conditions upon which licences or respective classes of licences may be obtained and which shall be observed by the holders of licences; and (v) payments to the Commission of, and amounts payable as, fees in respect of licences and applications for licences or respective classes of licences, and for different amounts to be payable in respect of different classes of licences; and (va) payments to the Commission of, and amounts payable as, fees in respect of permits within the meaning of section 4A and applications for those permits; and (vi) variation, suspension, and cancellation of licences, and the grounds upon which licences may be varied, suspended, or cancelled; and (vii) bookmakers being required to keep accounts and records and furnish particulars of their betting transactions, and prescribing the form of betting tickets authorised to be used, the manner of cancellation of betting tickets, the particulars to be entered in the betting books and other matters relevant to those accounts, records, and particulars; and (viii) prohibiting or restricting of advertising by bookmakers, their agents, employees and licensed managers; and (ix) the conduct of persons and their agents and employees; and (x) the authorisation, regulation and control of betting by the use of totalisators and betting with, or through, RWWA or a totalisator agency, any authorisation under this Act to possess and operate a totalisator, and the licensing, commission and fees to be applicable; and (xi) bookmakers being required to give security for the due observance of this Act and the regulations, and of the terms and conditions of their licences; and [(xii) deleted] (xiii) the payment and charges in respect of matters other than licences or applications for licences; and (xiv) the supply and use of betting material; and (xv) the kinds of bet that may be made or accepted and Rules of Betting regulating betting by or with bookmakers generally or in specific circumstances, the maximum amount which a bookmaker may be obliged to accept on any one bet, bets with other bookmakers, and betting boards; and (xvi) the authorisation of the possession and operation of totalisators by racing clubs and, generally, for the duties of racing clubs in relation to the administration of this Act; and (xvii) the general administration of this Act; and (xviii) imposing a monetary penalty for breach of a regulation so made, or the breach of a term or condition of a licence, not greater than the amount prescribed as a general penalty under section 30; (c) make provision for giving effect to specified national policies (that is, policies and agreements to which the State and at least 1 other Australian jurisdiction are parties), to the extent to which the policies relate to the purposes of this Act. (2) Any rules made under section 120 of the RWWA Act, regulations made under section 121 of the RWWA Act or regulations made under this Act in relation to a totalisator, so far as they are applicable, apply in relation to bets made through RWWA on that totalisator as if the bets were made directly into the totalisator, and regulations made under this Act may modify any such rule or regulation to such extent as is necessary to make it applicable in relation to bets made through RWWA and transmitted to a totalisator. [Section 33 amended: No. 113 of 1965 s. 8(1); No. 77 of 1976 s. 19; No. 6 of 1987 s. 15; No. 78 of 1987 s. 5; No. 58 of 1990 s. 11; No. 11 of 1992 s. 29, 58 and 64; No. 63 of 1995 s. 84; No. 17 of 1998 s. 25; No. 23 of 1998 s. 20; No. 13 of 2002 s. 27; No. 35 of 2003 s. 96, 102 and 103; No. 32 of 2014 s. 8; No. 37 of 2018 s. 61; No. 41 of 2018 s. 14; No. 53 of 2024 s. 21.] ## Part 6 — Transitional provisions for *Gambling Legislation Amendment Act 2024* [Heading inserted: No. 53 of 2024 s. 22.] ##### 34. Term used: commencement day In this Part — commencement day means the day on which the *Gambling Legislation Amendment Act 2024* section 22 comes into operation. [Section 34 inserted: No. 53 of 2024 s. 22.] ##### 35. Application of *Interpretation Act 1984* This Part does not limit the operation of the *Interpretation Act 1984*. [Section 35 inserted: No. 53 of 2024 s. 22.] ##### 36. Requirement to lodge monthly return and pay racing bets levy former section 14A(2) means section 14A(2) as in force before commencement day. (2) Section 14A(2) does not apply to a betting operator in relation to a month if, under former section 14A(2) — (a) a return was lodged by the betting operator for that month; and (b) the betting operator paid the racing bets levy in relation to the return. (3) A return lodged under section 14A(2) may relate to bets placed with, or placed or accepted through, the betting operator before commencement day. (4) The CEO is not prevented from performing the CEO’s functions under Part 3 in relation to bets placed with, or placed or accepted through, a betting operator before commencement day only because the bets were placed or accepted before commencement day. [Section 36 inserted: No. 53 of 2024 s. 22.] ##### 37. Transitional regulations (1) The regulations may deal with all matters of a transitional, savings or application nature arising as a result of the enactment of the *Gambling Legislation Amendment Act 2024* Part 2. (2) Regulations made for the purposes of this section may provide that a specified state of affairs is taken to have existed, or not to have existed, on and after a day that is earlier than the day on which the regulations are published in accordance with the *Interpretation Act 1984* section 41(1)(a). (3) If the regulations contain a provision referred to in subsection (2), the provision does not operate so as to — (a) affect in a manner prejudicial to any person (other than the State or a public authority) the rights of that person existing before the day of publication of those regulations; or (b) impose liabilities on any person (other than the State or a public authority) in respect of anything done or omitted to be done before the day of publication of those regulations. (4) Regulations made for the purposes of this section must be made within the period that is reasonably necessary to deal with the transitional, savings or application matters dealt with. [Section 37 inserted: No. 53 of 2024 s. 22.] [Schedule 1 deleted: No. 35 of 2003 s. 99.] [Schedule 2 deleted: No. 35 of 2003 s. 100.] Schedule 3 — Requirements for licensing of a body corporate and continuation of the licence of a body corporate [s. 11C(1)(a)] [Heading inserted: No. 13 of 2002 s. 29.] 1. The body corporate is to have a place of business or carry on business within the State. 2. Proper and adequate provision is to be made for disclosure to the Commission of the affairs of the body corporate, on request in writing by the Commission to any director of the body corporate. 3. The memorandum and articles of association of the body corporate are to be acceptable to the Commission and contain a provision that the Commission be notified of any intention to amend the memorandum or articles and be furnished with a copy of any proposed resolution or other form of proposal to give effect to that intention. 4. The body corporate is not to trade under a name that has not been approved by the Commission. 5. The body corporate is not to be a trustee of a discretionary trust. [Schedule 3 inserted: No. 13 of 2002 s. 29; amended: No. 35 of 2003 s. 102.] ![dline]() Notes This is a compilation of the *Betting Control Act 1954* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table. Compilation table | **Short title** | **Number and year** | **Assent** | **Commencement** | | --- | --- | --- | --- | | *Betting Control Act 1954* | 63 of 1954 (3 Eliz. II No. 63) | 30 Dec 1954 | 1 Aug 1955 (see s. 2 and *Gazette* 29 Jul 1955 p. 1767) | | *Betting Control Act Amendment Act 1956* | 50 of 1956 (5 Eliz. II No. 50) | 18 Dec 1956 | 18 Dec 1956 | | *Betting Control Act Continuance Act 1957* | 36 of 1957 (6 Eliz. II No. 36) | 18 Nov 1957 | 18 Nov 1957 | | **Reprint of the *Betting Control Act 1954* approved 16 Feb 1959 in Vol. 14 of Reprinted** **Acts** (includes amendments listed above) | | | | | *Betting Control Act Amendment Act 1959* | 76 of 1959 (8 Eliz. II No. 76) | 14 Dec 1959 | 21 Dec 1959 (see s. 2 and *Gazette* 18 Dec 1959 p. 3339) | | *Betting Control Act Amendment Act 1960* | 49 of 1960 (9 Eliz. II No. 49) | 28 Nov 1960 | 31 Dec 1960 (see s. 2 and *Gazette* 23 Dec 1960 p. 4074) | | *Betting Control Act Amendment Act (No. 2) 1960* | 66 of 1960 (9 Eliz. II No. 66) | 2 Dec 1960 | 2 Dec 1960 | | *Anzac Day Act 1960* s. 9 | 73 of 1960 (9 Eliz. II No. 73) | 12 Dec 1960 | 12 Dec 1960 | | *Betting Control Act Amendment Act 1961* | 14 of 1961 (10 Eliz. II No. 14) | 20 Oct 1961 | 20 Oct 1961 | | **Reprint of the *Betting Control Act 1954* approved 11 Apr 1963 in Vol. 17 of Reprinted** **Acts** (includes amendments listed above) | | | | | *Betting Control Act Amendment Act 1963* | 28 of 1963 (12 Eliz. II No. 28) | 13 Nov 1963 | 13 Nov 1963 | | *Decimal Currency Act 1965* | 113 of 1965 | 21 Dec 1965 | Act other than s. 4‑9: 21 Dec 1965 (see s. 2(1)); s. 4‑9: 14 Feb 1966 (see s. 2(2)) | | *Acts Amendment (Commissioner of State Taxation) Act 1970* Pt. IX | 21 of 1970 | 8 May 1970 | 1 Jul 1970 (see s. 2 and *Gazette* 26 Jun 1970 p. 1831) | | *Betting Control Act Amendment Act 1970* | 66 of 1970 | 17 Nov 1970 | 17 Nov 1970 | | *Betting Control Act Amendment Act (No. 2) 1970* | 75 of 1970 | 17 Nov 1970 | 1 Jan 1971 (see s. 2) | | **Reprint of the *Betting Control Act 1954* approved 24 Mar 1971** (includes amendments listed above) | | | | | *Age of Majority Act 1972* s. 6(2) | 46 of 1972 | 18 Sep 1972 | 1 Nov 1972 (see s. 2 and *Gazette* 13 Oct 1972 p. 4069) | | *Betting Control Act Amendment Act 1976* | 77 of 1976 | 18 Oct 1976 | 10 Dec 1976 (see s. 2 and *Gazette* 10 Dec 1976 p. 4879) | | *Betting Control Act Amendment Act 1978* | 78 of 1978 | 27 Oct 1978 | 27 Oct 1978 | | **Reprint of the *Betting Control Act 1954* approved 1 Jun 1979** (includes amendments listed above) | | | | | *Acts Amendment (Gaming and related provisions) Act 1985* Pt. V | 29 of 1985 | 24 Apr 1985 | 1 Jun 1985 (see s. 2 and *Gazette* 31 May 1985 p. 1877) | | *Acts Amendment (Betting Control) Act 1985* Pt. II | 34 of 1985 | 24 Apr 1985 | 24 Apr 1985 (see s. 2) | | *Betting Control Amendment Act 1987* | 6 of 1987 | 29 May 1987 | s. 1 and 2: 29 May 1987; Act other than s. 1 and 2: 6 Nov 1987 (see s. 2 and *Gazette* 6 Nov 1987 p. 4069) | | *Acts Amendment and Repeal (Gaming) Act 1987* Pt. II | 74 of 1987 | 26 Nov 1987 | 2 May 1988 (see s. 2 and *Gazette* 29 Apr 1988 p. 1292) | | *Betting Control Amendment Act (No. 2) 1987* | 78 of 1987 | 26 Nov 1987 | s. 1 and 2: 26 Nov 1987; Act other than s. 1 and 2: 4 Mar 1988 (see s. 2 and *Gazette* 4 Mar 1988 p. 665) | | *Acts Amendment (Betting Tax and Stamp Duty) Act (No. 2) 1990* Pt. 3 | 58 of 1990 | 17 Dec 1990 | 1 Aug 1989 (see s. 2) | | *Acts Amendment and Repeal (Betting) Act 1992* Pt. 3 and 4 | 11 of 1992 | 16 Jun 1992 | Pt. 3: 10 Jul 1992 (see s. 2(1) and *Gazette* 10 Jul 1992 p. 3185); Pt. 4: 31 Jul 1992 (see s. 2(2) and *Gazette* 10 Jul 1992 p. 3185) | | **Reprint of the *Betting Control Act 1954* as at 20 Aug 1992** (includes amendments listed above) | | | | | *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) | | *Acts Amendment (Racing and Betting Legislation) Act 1995* Pt. 3 | 63 of 1995 | 27 Dec 1995 | 28 Jun 1996 (see s. 2 and *Gazette* 25 Jun 1996 p. 2901) | | *Local Government (Consequential Amendments) Act 1996* s. 4 | 14 of 1996 | 28 Jun 1996 | 1 Jul 1996 (see s. 2) | | **Reprint of the *Betting Control Act 1954* as at 20 Feb 1997** (includes amendments listed above) | | | | | *Statutes (Repeals and Minor Amendments) Act 1997* s. 22 | 57 of 1997 | 15 Dec 1997 | 15 Dec 1997 (see s. 2(1)) | | *Betting Control Amendment Act 1998*2 | 17 of 1998 | 15 Jun 1998 | s. 1 and 2: 15 Jun 1998; Act other than s. 1 and 2: 1 Aug 1998 (see s. 2 and *Gazette* 21 Jul 1998 p. 3825) | | *Western Australian Greyhound Racing Association Amendment Act 1998* s. 20 | 23 of 1998 | 30 Jun 1998 | 1 Aug 1998 (see s. 3 and *Gazette* 21 Jul 1998 p. 3825) | | *Acts Amendment (Fixed Odds Betting) Act 1999* Pt. 3 | 40 of 1999 | 16 Nov 1999 | 15 Jan 2000 (see s. 2 and *Gazette* 14 Jan 2000 p. 153) | | *Corporations (Consequential Amendments) Act 2001* Pt. 7 | 10 of 2001 | 28 Jun 2001 | 15 Jul 2001 (see s. 2 and *Gazette* 29 Jun 2001 p. 3257 and Cwlth *Gazette* 13 Jul 2001 No. S285) | | **Reprint of the *Betting Control Act 1954* as at 12 Apr 2002** (includes amendments listed above) | | | | | *Betting Legislation Amendment Act 2002* Pt. 2 | 13 of 2002 | 8 Jul 2002 | 21 Sep 2002 (see s. 2 and *Gazette* 20 Sep 2002 p. 4693) | | *Racing and Gambling Legislation Amendment and Repeal Act 2003* Pt. 7 Div. 1 3, 4 | 35 of 2003 | 26 Jun 2003 | s. 74, 76(b), (d)‑(g), 77(1), 80, 81(1)‑(4), 82‑84, 95, 98: 1 Aug 2003 (see s. 2 and *Gazette* 29 Jul 2003 p. 3259); s. 75, 76(a), (c) and (h), 77(2), 78, 79, 81(5) and (6), 85‑94, 96, 97 and 99‑103: 30 Jan 2004 (see s. 2 and *Gazette* 30 Jan 2004 p. 397) | | *Courts Legislation Amendment and Repeal Act 2004* s. 141 | 59 of 2004 | 23 Nov 2004 | 1 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7128) | | *Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004* s. 80 and 82 | 84 of 2004 | 16 Dec 2004 | 2 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7129 (correction by *Gazette* 7 Jan 2005 p. 53)) | | *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) | | **Reprint 8: The *Betting Control Act 1954* as at 20 Oct 2006** (includes amendments listed above) | | | | | *Criminal Investigation (Consequential Provisions) Act 2006* s. 73 | 59 of 2006 | 16 Nov 2006 | 1 Jul 2007 (see s. 2 and *Gazette* 22 Jun 2007 p. 2838) | | *Betting and Racing Legislation Amendment Act 2006* Pt. 2 | 70 of 2006 | 13 Dec 2006 | s. 3, 5‑8 and 10: 29 Jan 2007 (see s. 2 and *Gazette* 23 Jan 2007 p. 181); s. 4, 9, 11 and 12: 9 Jul 2007 (see s. 2 and *Gazette* 22 Jun 2007 p. 2837) | | *Liquor and Gaming Legislation Amendment Act 2006* s. 114 | 73 of 2006 | 13 Dec 2006 | 7 May 2007 (see s. 2(2) and *Gazette* 1 May 2007 p. 1893) | | *Racing, Wagering and Betting Legislation Amendment and Repeal Act 2007* Pt. 2 | 8 of 2007 | 13 Jun 2007 | 14 Jun 2007 (see s. 2) | | **Reprint 9: The *Betting Control Act 1954* as at 17 Aug 2007** (includes amendments listed above) | | | | | *Statutes (Repeals and Miscellaneous Amendments) Act 2009* s. 25 | 8 of 2009 | 21 May 2009 | 22 May 2009 (see s. 2(b)) | | *Acts Amendment (Bankruptcy) Act 2009* s. 11 | 18 of 2009 | 16 Sep 2009 | 17 Sep 2009 (see s. 2(b)) | | *Racing and Wagering Legislation Amendment Act 2009* Pt. 2 | 29 of 2009 | 23 Nov 2009 | 11 Jan 2010 (see s. 2(b) and *Gazette* 8 Jan 2010 p. 9-10) | | *Statutes (Repeals) Act 2014* s. 8 | 32 of 2014 | 3 Dec 2014 | 4 Dec 2014 (see s. 2(b)) | | **Reprint 10: The *Betting Control Act 1954* as at 29 Jul 2016** (includes amendments listed above) | | | | | *Betting Tax Assessment Act 2018* Pt. 8 Div. 1 Subdiv. 1 and Div. 2 Subdiv. 1 | 37 of 2018 | 12 Dec 2018 | Pt. 8 Div. 1 Subdiv. 1: 1 Jan 2019 (see s. 2(c)) Pt. 8 Div 2 Subdiv. 1: 1 Feb 2019 (see s. 2(b) and *Gazette* 25 Jan 2019 p. 193) | | *Gaming and Wagering Legislation Amendment Act 2018* Pt. 2 | 41 of 2018 | 12 Dec 2018 | 1 Feb 2019 (see s. 2(b) and *Gazette* 25 Jan 2019 p. 193‑4) | | *TAB (Disposal) Act 2019* s. 38, 39, 40(1), (4), (7), (9), (14) and (17), 42, 46-48, 52, 77(1) and 80 | 21 of 2019 | 18 Sep 2019 | 19 Sep 2019 (see s. 2(1)(c)) | | *Betting Control Amendment (Taxing) Act 2019* | 22 of 2019 | 18 Sep 2019 | s. 1 and 2: 18 Sep 2019 (see s. 2(a)); Act other than s. 1 and 2: 19 Sep 2019 (see s. 2(b)) | | *Mutual Recognition (Western Australia) Amendment Act 2022* Pt. 3 Div. 2 | 7 of 2022 | 29 Mar 2022 | 1 Jul 2022 (see s. 2(b) and SL 2022/80 cl. 2) | | *Directors’ Liability Reform Act 2023* Pt. 3 Div. 8 (other than s. 27) | 9 of 2023 | 4 Apr 2023 | 5 Apr 2023 (see s. 2(d)(ii) and (j)) | | *Gambling Legislation Amendment Act 2024* Pt. 2 (other than s. 8) | 53 of 2024 | 6 Dec 2024 | 7 Dec 2024 (see s. 2(d)) | | *Statutes (Repeals and Minor Amendments) Act 2025* s. 5 | 14 of 2025 | 25 Sep 2025 | 26 Sep 2025 (see s. 2(b)) | Uncommenced provisions table To view the text of the uncommenced provisions see *Acts as passed* on the WA legislation website. | **Short title** | **Number and year** | **Assent** | **Commencement** | | --- | --- | --- | --- | | *TAB (Disposal) Act 2019* s. 40(2), (3), (5), (6), (8), (10)-(13), (15) and (16), 41, 43-45, 49-51, 53-76, 77(2), 78 and 79 | 21 of 2019 | 18 Sep 2019 | To be proclaimed (see s. 2(1)(b) and (2)) | | *Directors’ Liability Reform Act 2023* s. 27 | 9 of 2023 | 4 Apr 2023 | On the day on which the *TAB (Disposal) Act 2019* s. 70 comes into operation (see s. 2(d)(ii)) | | *Gambling Legislation Amendment Act 2024* s. 8 | 53 of 2024 | 6 Dec 2024 | To be proclaimed (see s. 2(b)) | Other notes