Racing and Wagering Western Australia Act 2003

The Act organises a small set of recurring legal concepts that shape incentives and operational choices.

• Corporate form and status: RWWA is a body corporate with perpetual succession (s 4). It is explicitly not an agent of the Crown and lacks Crown privileges (s 5). It is not a public sector body under the Public Sector Management Act 1994 and its CEO and staff are not part of the State Senior Executive Service (s 6). That status affects industrial relations, procurement, liability and accountability pathways.

• Governing instruments: RWWA’s operations are governed by statutory instruments: rules of racing (s 45) and rules of wagering (s 120), together with regulations made by the Governor (s 121). Rules of racing are published in the Gazette and bind a wide class of persons (s 45(6)-(9)). Regulations prevail over rules of racing where inconsistent (s 45(11)); similarly regulations prevail over rules of wagering in certain respects (s 120(3)).

• Dual obligations: RWWA must both act on “prudent commercial principles” and “endeavour to make a profit” (s 29(1)), and perform functions “in accordance with” its strategic development plan and statement of corporate intent (s 28). The Act prioritises the strategic plan over commercial duties where they conflict (s 29(2)). This creates a legal hierarchy of objectives: statutory policy instruments agreed with the Minister can override profit‑seeking impulses.

• Governance structure: Board governance is central. The board comprises a Minister‑appointed chair, three industry‑nominated directors (thoroughbred, harness, greyhound), and four externally selected directors for expertise, one with regional development experience (s 8). Nomination and selection procedures and eligibility rules are detailed (ss 9-13; s 10 lists ineligible persons). Directors and selection panel members may require licensing by the Commission (s 14).

• Regulatory and disciplinary reach: RWWA is the controlling body for racing codes in WA (ss 36-38), with powers to license racecourses, register clubs, horses and greyhounds, issue licences to participants, make rules of racing, and impose penalties including disqualification and fines (ss 39-45, 44(1)). An Integrity Assurance Committee provides oversight of stewards, drug testing, licensing, handicapping and appeals (ss 47-49).

• Wagering architecture: RWWA may operate totalisator and fixed‑odds wagering on races, sporting events and other events (ss 54-55), may operate agencies and offices (s 51), and may participate in combined pool or joint fixed‑odds schemes with approved persons under contractual arrangements (ss 59, 61). The Commission has a role in supervising the establishment of agencies and can direct closures (s 52).

• Financial flows and industry support: After specified payments, RWWA must distribute residual funds to registered racing clubs (s 106). Specific funding conduits were created, including the racing bets levy account (s 107A) and a monthly transfer of 30% of betting tax receipts (s 107B). RWWA may also lend or grant money to clubs for capital or operational needs, with flexible (and potentially less than commercial) terms (ss 92-95).

• Accountability and ministerial oversight: Strategic development plans and statements of corporate intent require Ministerial agreement, the Minister can direct modifications and must keep Parliament informed (ss 66-76, 70-74, 79). The Minister also has information and inspection entitlements (ss 81-86, 83-86).

• Compliance and integrity rules for staff and officers: CEO and officers face fiduciary duties and statutory duties of honesty, care and not to misuse information or position, with criminal and monetary penalties and civil recovery provisions (Schedule 2, cll 1-8). Regulations can require licensing of RWWA key employees (s 24).

These core concepts structure who chooses what, where money flows, and the regulatory reach of the State through an ostensibly commercial vehicle.

The Act creates obligations and opportunities that touch multiple, identifiable groups. List follows with the relevant statutory anchors.

• RWWA itself, its board, CEO and staff: The body corporate, its board and senior officers are the primary duty‑bearers. The board is the governing body and performs RWWA functions in the name of RWWA (s 7). The CEO administers day‑to‑day operations under board control (s 21). Schedule 2 places fiduciary and statutory duties on the CEO and executive officers and prescribes penalties and civil recovery powers for breaches (Schedule 2 cll 1-8).

• Racing clubs and allied bodies: Clubs are subject to licensing, registration and supervision by RWWA (ss 39-40). RWWA can direct clubs to undertake works to improve safety and may make loans or grants to them, impose terms and recover sums if conditions are breached (ss 43, 92-96). Clubs must supply records if directed (s 46).

• Owners, trainers, jockeys, drivers and other racing participants: These persons require licences and registrations from RWWA (s 42), are subject to rules of racing (s 45(6)), and may face disciplinary action, disqualification, prohibition or fines up to $100,000 in certain circumstances (s 44).

• Bettors and the wagering public: Persons wagering with RWWA are affected by the wagering rules, wagering account rules, minimum wager prescriptions, and protections that wagering through RWWA is not an offence (ss 63-65; ss 54-56). Winnings become unclaimed after seven months and may be transferred to the Sports Wagering Account or become RWWA funds depending on the category (s 104).

• Bookmakers and wagering licensees: Bookmakers who accept on‑course wagers are subject to RWWA rules of racing where applicable (s 45(6)(e)); betting agencies and other wagering entities interact with RWWA through combined pools or joint fixed‑odds systems which require approvals and contractual arrangements (ss 59, 61).

• Minister, Treasurer and Gaming and Wagering Commission: The Minister appoints the chair, agrees strategic plans, may direct RWWA in relation to plans, and must lay certain directions before Parliament (ss 8(4), 70-73). The Treasurer’s concurrence is required for some actions and controls borrowing limits and guarantees (ss 74, 98, 100). The Commission licenses directors and key employees, has regulatory powers over agencies and may direct closure of proposed agencies (ss 14, 24, 52, 59).

• Subsidiaries and business partners: RWWA may form or participate in subsidiaries and business arrangements; the Act imposes conditions on constitutions of subsidiaries and requires Ministerial notification before acquisitions of subsidiaries (s 32; Schedule 3). RWWA must ensure subsidiary constitutions align with the Act and contain specified provisions (s 32(2); Schedule 3).

• Auditors, financial regulators and Parliament: Financial reporting is subject to the Financial Management Act 2006 and Auditor General Act 2006 (s 108). Strategic plans and statements of corporate intent must be laid before Parliament and may have commercially sensitive deletions subject to Auditor‑General comment (ss 72, 75, 79).

• Third parties dealing with RWWA: The Act creates legal presumptions benefiting third parties in transactions with RWWA, including assumptions about authority of staff and genuineness of documents, subject to exceptions for actual knowledge (ss 109-112).

Concentrated stakeholder effects: racing clubs and industry participants face direct income, licensing and discipline impacts (ss 92, 106, 44). Diffuse effects fall on the wagering public through product availability, pricing (RWWA sets commercial strategies s 68(2)(a)), and the availability of wagering access points (ss 51, 52).

This section lists the statutory duties placed on actors and the corresponding rights they have under the Act, with sources cited.

Duties of RWWA and its board

• Perform functions conferred by the Act and any other written law; RWWA may affiliate and perform functions in or outside the State (s 26).
• Perform functions in accordance with the strategic development plan and statement of corporate intent (s 28).
• Act on prudent commercial principles and endeavour to make a profit, except where this conflicts with the strategic plan (s 29(1)-(2)).
• Prepare and submit a five‑year strategic development plan annually and a financial‑year statement of corporate intent (ss 66-77).
• Maintain bank accounts, invest funds and keep reserve accounts in accordance with the Financial Management Act 2006 (ss 88-90; s 108).
• Distribute residual funds to registered racing clubs after specified deductions (s 106); receive and allocate racing bets levy and betting tax funds (ss 107A, 107B).

Duties of directors, CEO and staff

• Directors must put RWWA’s interests ahead of the body that nominated them when performing Act functions (s 18(1)). They must disclose material personal interests at board meetings, with a $5,000 penalty for non‑disclosure (s 19(1)-(2)).
• CEO: responsible for day‑to‑day administration subject to board control (s 21); fiduciary duties and duties of honesty, care and diligence are stated in Schedule 2 (cll 1, 3-6). Breaches carry criminal fines and civil recovery liabilities (Schedule 2 cll 3-8).
• Staff entitlements and employment terms are set by the board but must not be less favourable than applicable industrial instruments (s 22(2)-(3)).
• RWWA key employees may be required by regulation to be licensed by the Commission (s 24).

Rights of racing clubs and participants

• Clubs can apply to be registered and to have racecourses, meetings and tracks licensed; they may receive loans or grants under flexible terms (ss 39-40; ss 92-95).
• Racing clubs have an entitlement to be heard by RWWA before loans/grants are refused or conditions varied (s 96).
• Persons wagering with RWWA are protected from criminal prosecution for wagering that is conducted under the Act (s 56).

Regulatory rights and constraints

• The Commission has investigatory and licensing authority over directors and key employees and may direct RWWA not to establish agencies (ss 14, 24, 52).
• The Minister has rights to request information, receive copies of documents, and to agree or direct modifications to strategic plans or corporate intent, with Treasurer concurrence in specified cases (ss 70-74, 83-86).

Enforcement and procedural duties

• RWWA must publish notice of rules of racing in the Gazette and make copies available (s 45(7)-(9)).
• RWWA must retain records for seven years unless the Commission approves otherwise (s 86(4)).
• Director conflicts of interest must be managed under Schedule 1 clause 8, which disqualifies voting where a material personal interest exists (Schedule 1 cl 8).

Rights for third parties

• Persons dealing with RWWA may rely on statutory assumptions about authority, genuineness of documents and proper performance of duties (ss 109-111), protecting third‑party transactions subject to exceptions (s 112).

These duties and rights create a framework where RWWA operates with commercial independence bounded by statutory policy instruments, with specified oversight by the Minister, Treasurer and Commission. The legal regime combines corporate‑style fiduciary duties with public accountability obligations.

The Act establishes a mix of administrative, civil and criminal penalties, and empowers both RWWA and external regulators to enforce compliance.

Statutory penalties and offences

• Directors: failure to disclose a notifiable interest attracts a fine of $5,000 (s 19(1)). Schedule 1 further restricts voting by interested directors and allows the Minister to intervene where quorum problems arise (Schedule 1 cl 8).
• CEO and executive officers: Schedule 2 prescribes criminal offences and fines. Acting dishonestly with intent to deceive or defraud RWWA or its creditors under cl 3(2) is a crime with a fine of $20,000 (summary conviction fine $12,000); lesser breaches without intent attract fines of $5,000 (Schedule 2 cl 3). Duties of care (cl 4) and prohibitions on misuse of information or position (cll 5-6) carry fines up to $20,000 and summary penalties (cll 4-6).
• Labour and conduct offences: Failure to produce records when directed under s 46(1) and producing false/misleading records carries a $5,000 penalty (s 46(3)). Obstructing or impeding the performance of a function under the Act is a new offence with a fine of $100,000 (s 115(1)). Use of threatening language against an officer is a $25,000 fine (s 115(2)). Providing false information or hindering an authorised inspector incurs a $5,000 penalty (s 113(5)(b)-(c)).
• Disciplinary penalties: RWWA can impose a range of disciplinary measures under s 44(1), including disqualification, prohibition from participation, suspension of rights, non‑pecuniary penalties and fines up to $100,000 for breaches of the rules (s 44(1)(a)-(h), (f)). Those fines are payable to RWWA (s 44(2)).

Administrative enforcement

• Licensing powers and controls: The Gaming and Wagering Commission may licence or refuse to licence directors (s 14) and regulate key employee licensing by regulation with disciplinary sanctions up to $50,000 and licence suspension or cancellation (s 24; s 121(2)(b)). The Commission may also direct RWWA not to establish a proposed totalisator agency if in the Commission’s opinion the agency would be detrimental to the public interest (s 52(3)).
• RWWA’s regulatory reach: RWWA may suspend or cancel licences, register or deregister clubs, and impose conditions on licences and registrations in accordance with rules of racing and regulations (ss 39-42). RWWA’s rules may authorise stewards and officers to impose penalties and to exclude persons from racecourses (s 45(3)(a)-(b)) subject to appeal mechanisms (s 45(3)(b)).

Civil remedies and recovery

• RWWA may recover debts in court, including sums demanded after a club breaches loan conditions (s 94(2)). Schedule 2 allows courts to order convicted persons to pay compensation to RWWA where loss is proved (Schedule 2 cl 7). Civil recovery of profits or losses following contraventions of CEO/staff duties is available under Schedule 2 cl 8.

Inspection and investigation powers

• Authorised persons (police, directors, authorised staff, stewards) may enter and inspect premises where racing animals are kept, racecourses, venues and RWWA premises and may require production of documents, take copies, secure items and require assistance including passwords or translations (s 113(1)-(4)). These powers support both compliance and evidence gathering.

Procedural checks

• Some actions trigger parliamentary notice requirements; e.g., Ministerial directions about strategic plans or declarations under Schedule 1 must be laid before Parliament within 14 days (ss 70(5), 73(4); Schedule 1 cl 8(7)). RWWA must keep records and the Commission may exercise powers over those records (s 86).

The enforcement mix gives RWWA itself significant sanctioning powers while reserving oversight, licensing and closure powers to the Commission and practical control over strategic direction to the Minister, backed by parliamentary transparency mechanics.

The Act is deeply cross‑referenced with other statutory regimes; several interactions determine legal effects and administrative routes.

• Gaming and Wagering Commission Act 1987: The Act defines “Commission” and depends on the Commission for licensing of directors and key employees, direction on establishment of agencies, and oversight of records (s 3; ss 14, 24, 52, 86). The Commission’s opinions on public interest shape RWWA’s ability to open agencies (s 52(3)). RWWA also pays the Commission an annual fee to meet regulatory costs (s 53).

• Betting Control Act 1954: The Act operates alongside the Betting Control Act in relation to bookmakers and the definition of “wagering licensee” (s 3). Fixed‑odds payout references are subject to the Betting Control Act’s sections (see ss 55(2)(b) referring to s 17EA of the Betting Control Act). The Act enables RWWA to enter racing industry arrangements with wagering licensees as defined in the Betting Control Act (s 35(bb)).

• Corporations Act 2001 (Cth): The Act adopts Part 1.2 Division 6 of the Corporations Act for determining subsidiaries (s 3(3)); it also contains express displacement clauses to make Schedule 3 and s 32 apply as Corporations Act displacement provisions (s 32(7)). Schedule 3 imposes ministerial approvals and controls on subsidiary constitutions and share disposals, which interact with corporatisation and director appointment powers under the Corporations Act (s 32; Schedule 3).

• Financial Management Act 2006 and Auditor General Act 2006: Financial administration, audit and reporting provisions of those Acts apply to RWWA and its operations (s 108). RWWA’s financial year ends on 31 July as a specific override (s 108(2)).

• Salaries and Allowances Act 1975 and Government Entities regime: Sections 21A and 21B set CEO remuneration rules to reflect whether RWWA is a “Government entity” under the Salaries and Allowances Act (ss 21A-21B). The Act therefore interacts with the executive remuneration and public entity frameworks.

• State taxation and betting tax regimes: Section 107B imports a monthly transfer mechanism whereby the Treasurer pays 30% of betting tax receipts to RWWA; this links the Act materially with the Betting Tax Act 2018 and the State’s Consolidated Account processes (s 107B).

• TAB (Disposal) Act 2019 and Racing Infrastructure Fund: The Act references the Racing Infrastructure Fund established under the TAB (Disposal) Act 2019 and requires RWWA to administer and plan allocations from it (s 35(fb); ss 68(2)(aa), 77(2)(ba)). The compilation table and amendments show cross‑instrument corporate changes arising from disposal and reorganisation (compilation table entries).

• Interpretation Act 1984 and Regulatory hierarchy: The Act disapplies certain Interpretation Act provisions for rules of racing (s 45(10)), and expressly provides that regulations prevail to the extent of inconsistency with rules of racing or rules of wagering (s 45(11); s 120(3)). This creates a hierarchy: regulations (Governor in Council) outrank RWWA‑made rules.

• Criminal law and evidence rules: The Act’s inspection powers and penalties cross‑cut criminal offence definitions in The Criminal Code and other statutes via Schedule 2 references (Schedule 2 cl 2 and the definition of summary conviction penalty) and by making certain acts criminal offences under the Act (e.g., Schedule 2 cl 3).

These interactions indicate that RWWA sits at the intersection of corporate, administrative, regulatory and criminal law regimes. The presence of displacement provisions and ministerial consent requirements shows explicit intent to align RWWA’s corporate governance with State oversight, while maintaining operational autonomy to conduct wagering.

The Act has been amended repeatedly; the compilation table in the source lists key legislative changes and dates. Highlights from that table and from the text, with the relevant instruments and apparent consequences:

• 2003: Racing and Gambling Legislation Amendment and Repeal Act 2003 made early modifications (s. 174); the principal Act commenced 1 August 2003 (compilation table).

• 2005: Planning and Development consequential amendments (No. 38 of 2005, s 15) adjusted defined terms and references, effective April 2006.

• 2006-2007: Multiple Acts (Machinery of Government amendments, Betting and Racing Legislation amendments, Racing and Wagering Legislation Amendment Act 2007) altered governance and administrative details; Reprints in 2006 and 2008 reflect these changes (compilation table).

• 2009: Racing and Wagering Legislation Amendment Act 2009 (No. 29 of 2009) included the insertion of s 59 and s 61 provisions on combined totalisator pool schemes and joint fixed‑odds systems, and established approved contractual arrangements for participation (ss 59, 61).

• 2014: Statutes (Repeals and Miscellaneous Amendments) Act 2014 made further technical changes.

• 2015-2016: Associations Incorporation Act 2015 and the Executive Officer Remuneration (Government Entities) Legislation Amendment Act 2016 adjusted subsidiary and remuneration arrangements. Sections 21A and 21B concerning CEO remuneration were inserted by the 2016 Act (ss 21A-21B).

• 2018: Betting Tax Assessment Act 2018 introduced betting tax mechanics that interact with RWWA. Section 107B (monthly transfers of 30% of betting tax to RWWA) was inserted by the 2018 Act (s 107B).

• 2019: TAB (Disposal) Act 2019 changed the institutional landscape, creating the Racing Infrastructure Fund and transferring related functions and references into this Act (e.g. s 35(fb), allocation planning in ss 68, 77). Reprint 3 as at 3 May 2019 consolidates amendments.

• 2023: Government Trading Enterprises Act 2023 affected definitions of government entities and thus remuneration frameworks (compilation table notes; ss 21A-21B amendments refer to the Salaries and Allowances Act).

• 2024: Gambling Legislation Amendment Act 2024 made further modifications, including the insertion of s 115 creating new miscellaneous offences and increases to summary and criminal penalty provisions in Schedule 2 (as reflected in the text where s 115 and Schedule 2 amendments appear). The compilation table records the 2024 amendments (No. 53 of 2024).

Uncommenced provisions

• Some parts of the TAB (Disposal) Act 2019 remain to be proclaimed (compilation table: Part 9 Divs 3 and 4 uncommenced).

Consequential and cross‑instrument effects

• Several amendments were driven by broader policy reform: taxation (Betting Tax Act 2018), disposal of TAB assets and the Racing Infrastructure Fund (TAB (Disposal) Act 2019), executive remuneration classifications (Executive Officer Remuneration Act 2016), and regulatory updates (Gambling Legislation Amendment Act 2024). The compilation table gives dates for assent and commencement that practitioners must check for operation dates and transitional arrangements.

Where the text identifies a specific inserted or amended provision, it is noted inline (for example, s 21A and s 21B were inserted by No. 46 of 2016; s 107B was inserted by No. 37 of 2018; s 115 was inserted by No. 53 of 2024). The Act’s schedules have been updated to reflect changes to duties, indemnities and corporate governance over time.

For compliance and historical research, practitioners should consult the compilation table and official reprints referenced in the source to identify the operative versions and commencement dates for each amendment (compilation table entries).

The Act text and compilation material provided do not record any judicial decisions, appeals, or case law interpreting its provisions. The statute itself sets out internal appeal pathways for regulated persons , for example, the rules of racing may provide for appeals to RWWA from decisions made by stewards and, subject to the Racing Penalties (Appeals) Act 1990, for external appeal mechanisms (s 45(3)(b)). It also provides for civil recovery and criminal sanctions against officers in Schedule 2, but the source contains no reported litigation or references to cases decided under those provisions.

In the absence of cases listed in the provided material, practitioners should be aware that many of the Act’s mechanisms are inherently susceptible to judicial review and private litigation:

• Administrative law avenues such as judicial review may be engaged where the Minister, the Commission or RWWA exercises statutory powers (e.g. s 52 directions, s 70 Ministerial directions about strategic plans, licensing decisions under s 14).
• Contract and corporate disputes could arise under s 30 powers, subsidiary constitutions (s 32; Schedule 3), or loan and grant enforcement (ss 93-95).
• Civil proceedings for recovery of profits or compensation under Schedule 2 (cl 8) create an express statutory tort/resource for RWWA.
• Enforcement actions by the Commission under s 24 or by RWWA under s 44 may attract appeals to internal tribunals or courts, and the Racing Penalties (Appeals) Act 1990 provides a statutory appeals framework for certain racing penalties referenced in s 45(3)(b).

Because no litigation history is provided in the source, advisers should treat judicial outcomes as unknown and review the current law and any reported decisions in the WA law reports and administrative law databases for post‑enactment developments. When preparing for potential litigation or review, refer to the Act’s internal procedural safeguards (e.g. publication requirements s 45(7)-(9); notice and representation requirements for loans s 96) and the public law grounds that typically underpin review (jurisdictional error, procedural fairness, reasonableness).

The Act contains several provisions that create non‑obvious legal consequences and compliance risks for stakeholders. These are practical pitfalls to flag for practitioners and compliance officers.

RWWA is not Crown and not public sector (ss 5-6)

• RWWA explicitly is not an agent of the Crown (s 5) and is not a public sector body under the Public Sector Management Act (s 6). Consequence: Crown immunity and some public sector employment regimes do not apply; conversely, RWWA is subject to general corporate and statutory duties and the Financial Management Act 2006 (s 108). This changes liability exposure, procurement rules and employment law frameworks for CEO and staff. Practitioners must not assume public sector protections or entitlements apply.

Ministerial override of commercial duty (ss 28-29)

• RWWA must “act in accordance with” the strategic development plan and statement of corporate intent (s 28). Section 29 imposes a commercial duty but subordinated to s 28 where conflict exists (s 29(2)). This means Ministerial directions embedded in agreed plans can legally require RWWA to prioritise policy objectives over profit maximisation.

Director and selection panel ineligibilities and licensing (ss 10, 11, 14)

• Section 10 lists a wide range of ineligibilities for directors and selection panel members, including direct involvement in betting agencies, employment by racing clubs, being on forfeits/unpaid forfeit lists, or disqualifications under the Corporations Act (s 10). Licensing of directors by the Commission (s 14) introduces an external vetting stage,appointments are therefore not purely a matter of nomination or ministerial selection.

Conflict‑management and quorum impacts (Schedule 1 cl 8)

• Interested directors must not vote or be present (Schedule 1 cl 8(1)), but the Act preserves the board’s ability to act with a reduced quorum if at least four voting directors remain (Schedule 1 cl 8(4)). The Minister can also declare that these clauses do not apply (Schedule 1 cl 8(6)), and such declarations must be tabled (cl 8(7)). These mechanisms create governance complexity where industry‑nominated directors have material interests.

Combined pools and approvals (ss 59, 61)

• Participation in combined totalisator pool schemes and joint fixed‑odds systems requires “approval” as defined (s 59(1), s 61(1)). RWWA must enter only under approved contractual arrangements (ss 59(3), 61(3)), and must deliver copies of adopted rules/arrangements to the Commission and publish notice in the Gazette (ss 59(6); 61(6)). Practically, commercial arrangements with external operators can be constrained by regulatory approval and publication obligations.

Commission’s gatekeeping over agencies (s 52)

• RWWA must notify the Commission before opening a totalisator agency (s 52(1)); the Commission can direct closure or prevention if it considers the agency detrimental to the public interest (s 52(3)). This can constrain RWWA’s spatial expansion or agency partnerships.

Financial distribution expectations (s 106(3))

• RWWA must “use its best endeavours” to ensure payments to any racing club in a year are not less than revenue generated by wagering on that club once taxes and expenses are deducted (s 106(3)). That obligation creates an expectation tied to underlying wagering receipts and can complicate budgeting when revenues fall.

Restrictions on indemnities and insurance (Schedule 2 cll 13-15)

• RWWA cannot exempt or indemnify executive officers against certain liabilities, nor pay premiums for insurance in relation to liabilities arising from wilful breaches or contraventions of mis‑use provisions (Schedule 2 cll 13-14). This limits contractual protections often used to attract executive talent and increases personal liability exposure for CEOs and executives.

Inspection powers and data access (ss 83, 86, 113)

• The Minister can demand information and obtain copies (s 83). The Commission has power to require records to be kept in approved places and to access them (s 86). Authorised persons can require passwords and operational access (s 113(4)(e)(v)). These powers can create operational and privacy compliance requirements for data management systems.

New substantial penalties (s 115; Schedule 2 amendments)

• The Act now contains substantial fines for obstruction ($100,000) and threatening language ($25,000) (s 115). Schedule 2 contains fines for officer misconduct up to $20,000 and criminal liability in some cases (Schedule 2 cll 3-6). Practitioners should note the increased exposure for operational staff and the club community.

Unclaimed moneys and account effects (s 104)

• Unclaimed dividends or winnings for sporting events revert to the Sports Wagering Account after seven months (s 104(1)-(3)), while other unclaimed dividends become part of RWWA funds after seven months (s 104(4)). Wagering accounts credited with funds are exempted from the unclaimed moneys rules (s 104(5)). Practically, record‑keeping and customer notification systems require strict controls.

Presumption protections for third parties (ss 109-112)

• Third parties can assume documents and authority are genuine (ss 109-111), but such assumptions fail if the third party has actual knowledge or a close relationship suggesting otherwise (s 112(1)). Due diligence remains important for complex transactions.

In sum, the Act creates complex interaction points between commercial operations, regulatory oversight and industry governance. Compliance demands span corporate governance, licensing, financial reporting, record retention and operational integrity.

Below are practical, source‑grounded steps and compliance checkpoints for the main stakeholder groups, with references.

For RWWA board and executive

• Establish and maintain the strategic development plan and statement of corporate intent on the statutory timetable: submit a draft strategic development plan each year for Minister agreement not later than the day fixed or 3 months before the next financial year (ss 66(1), (3); 71-73). Ensure five‑year (or agreed lesser) coverage (s 67) and include economic, pricing and distribution plans (s 68).
• Align commercial decision‑making with the strategic plan where conflicts arise: note s 29(2) that the strategic plan prevails over the commercial duty in a conflict.
• Maintain robust director appointment and selection processes in accordance with the Minister’s order under s 9 and the selection panel rules in s 11; verify eligibility under s 10 and secure Commission licences for directors where required (s 14).
• Implement conflict‑of‑interest procedures consistent with Schedule 1 cl 8 and the disclosure requirement in s 19; record disclosures in minutes (s 19(2)) and ensure voting restrictions are enforced.
• Comply with financial administration and reporting obligations under the Financial Management Act 2006 and Auditor General Act 2006 and maintain bank accounts as required (ss 88, 108). Keep accurate registers for borrowing (s 97(2)) and seek Treasurer concurrence where necessary (s 98).
• Ensure records retention and accessibility for Commission inspection and regulatory review per s 86, and maintain records at a place approved by the Commission unless an exemption is granted (s 86(1)-(3)).
• Enforce staff and key employee licensing and integrity checks per s 24 and Schedule 2: implement recruitment screening, disclosure and training to meet statutory fiduciary and honesty obligations.

For racing clubs and allied bodies

• When seeking loans or grants under s 92, use RWWA’s specified application forms and supply required supporting documents and statutory declarations if requested (s 95(1)). Be prepared to provide security; loan terms may be less onerous than commercial but repayment may be demanded if conditions are breached (ss 93-95).
• Comply with RWWA directions to carry out works to improve safety and respond to directions promptly (ss 43(1)-(3)). Engage with RWWA on submissions about safety where called for (s 43(4)).
• Keep and produce records relating to racing affairs when directed under s 46; failure to produce or producing false records attracts a $5,000 penalty (s 46(3)).
• Register clubs and apply for licensing of racecourses, meetings and tracks in forms approved by RWWA and comply with conditions attached to registration or licences (ss 39-40).

For licensees, owners, trainers and participants

• Obtain and maintain any required licences and registrations from RWWA under ss 41-42. Ensure compliance with rules of racing (s 45) and understand the disciplinary regime (s 44) and appeal pathways (s 45(3)(b)).

For wagering operators and agents

• Where establishing or operating a totalisator agency, notify the Commission in the prescribed manner before establishment and be prepared for Commission review and possible directions under s 52. Ensure agency premises are clearly defined (s 51(2)-(3)).
• If participating in combined pool schemes or joint fixed‑odds systems, ensure contracts are approved and copies of operational rules or arrangements are delivered to the Commission and published in the Gazette as required (ss 59(3)-(6); 61(3)-(6)).
• Implement wagering account rules and minimum wager policies consistent with s 64 and s 65. Ensure customer funds and unclaimed winnings are managed per s 104.

For directors, CEOs and senior staff

• Observe statutory disclosure and fiduciary duties: disclose notifiable interests at the first opportunity and record them (s 19). Ensure compliance with Schedule 2 duties on honesty, diligence and non‑misuse of information or position; be aware of criminal and civil consequences (Schedule 2 cll 3-8).
• Review indemnity and insurance arrangements: RWWA cannot indemnify or insure against specified liabilities (Schedule 2 cll 13-15). Executives should seek clarity on available protections and professional indemnity that complies with the schedule.

For legal, compliance and finance teams

• Build document and data governance systems to support Commission and Ministerial information requests under s 83; implement access controls to allow authorised persons to operate or inspect systems and provide passwords under s 113(4)(e)(v).
• Maintain financial systems that support the special timing and allocation rules: the financial year ends 31 July (s 108(2)); payments from betting tax are monthly and flow through a designated betting tax account (s 107B). RWWA must allocate residual funds to clubs in a manner consistent with s 106.
• Design policies for management of unclaimed moneys: sporting event winnings unclaimed after seven months must be paid into the Sports Wagering Account (s 104(1)), while other unclaimed dividends may become RWWA funds (s 104(4)). Ensure wagering account credits are handled to avoid unintended transfers (s 104(5)).

For compliance with rules and regulations

• Keep abreast of and publish rules of racing and rules of wagering as required; ensure Gazette notices comply with s 45(7)-(9) and that any regulatory inconsistency is resolved (s 45(11); s 120(3)). Track the content of regulations made under s 121 as they prescribe licensing conditions and other operational matters.

Practical checklist for initial implementation

• Verify board composition and director eligibility; obtain Commission licences as required (ss 8, 10, 14).
• Create and lodge strategic development plan and statement of corporate intent on time and keep Minister and Treasurer informed (ss 66-77, 83-86).
• Establish financial controls, accounts and reporting in line with the Financial Management Act and s 108; set up betting tax and levy accounts (ss 88, 107A, 107B).
• Draft and publish rules of racing and wagering with Commission approval where required; ensure appeal mechanisms are in place (ss 45, 120).
• Implement data retention, inspection response and RWWA recordkeeping policies (s 86; s 113).

Following these steps, with close reference to the cited statutory provisions, will place operators, clubs and officers in a position to meet the Act’s principal compliance obligations.