Western Australian Trotting Association Act 1946

Several core legal concepts structure the instrument. These are incorporation and corporate capacities, vesting and continuity, delegated internal rule‑making, statutory constraints on by‑laws, financial accountability, on‑site summary offences and exclusion powers.

• Incorporation and corporate capacity: s 3(1)-(3) creates a corporate entity with perpetual succession and a common seal and expressly grants the ordinary capacities of limited companies (as applicable under the Companies (Co-operative) Act 1943, formerly the Companies Act 1943). The Act also carves out two specific exceptions to company law obligations: the Association is not required to use the word "limited" in its name and is not required to publish its name or file the annual return referred to in ss 112 and 113 of the Companies Act 1943 (s 3(3)). Those exceptions are statutory permissions affecting naming and certain reporting obligations otherwise applicable to limited companies at the time the provision was drafted.
• Vesting and continuity: s 4 operates as a unilateral statutory vesting and succession clause. All property, rights, causes of action, contracts and existing obligations of the predecessor incorporated Association are statutorily vested in and assumed by the new Association (s 4(1)-(3)). s 4(4) also provides that references elsewhere in legislation to the old incorporated body are to be read as references to the Association.
• Membership rule and explicit exclusion: s 5 converts existing members on commencement into members of the new Association but expressly excludes bookmakers from membership. The statute therefore preserves institutional continuity while imposing a categorical membership exclusion applicable at commencement.
• Delegated internal rule‑making (by‑laws): s 7 empowers the Committee to make by‑laws about a broad list of internal matters; those by‑laws govern objects, property use, funds, management, elections, admission, suspension/expulsion, appeals, fees, registers, meeting procedure, seal custody, management of property and race conduct (s 7(2)). By‑laws are to be made by absolute majority of the Committee (s 7(3)(a)) and published in whatever manner the Committee considers appropriate (s 7(3)(b)).
• Legal status and limits of by‑laws: the legislature declares by‑laws are not "written laws" or "regulations" as defined in the Interpretation Act 1984 (s 7(4)(a)-(b)), but then applies specific sections of the Interpretation Act to them as if they were subsidiary legislation (s 7(5)). The Act also contains a supremacy clause for by‑laws: they are of no effect to the extent inconsistent with any written law or with rules of racing made under the Racing and Wagering Western Australia Act 2003 (s 7(6)). The compilation notes record transitional treatment of pre‑existing by‑laws under the 2003 Racing and Gambling Legislation Amendment and Repeal Act 2003 (see notes quoting Division 2 , transitional and savings provisions, notably s 236).
• Financial accountability: the Committee must keep full and accurate accounts (s 11); annually balance books to 31 July, prepare an annual account for the year ending 31 July, and have books and accounts audited by an appointed auditor with certification by the President or Honorary Treasurer and the auditor (s 13). A copy of the annual account must be transmitted to the Minister by 30 September and made available for public inspection on payment of a 10 cent fee; failure to render the account carries a specified penalty (s 14).
• On‑site summary offences and enforcement powers: Section 9 creates summary offences for wilful obstruction of officers, wilful trespass and wilful injury to property on land vested in or controlled by the Association, each carrying maximum penalties stated in the Act. Section 9(3) supplies a private power of seizure and detention by Committee members, officers or those called to their assistance to detain persons committing offences where the detainee does not give name and residence, and to hand them to police for summary proceedings.
• Exclusion and discretionary public interest test: s 10 allows refusal of admission or expulsion where a person is under any disqualification by the Association or where the Committee resolves there are reasonable grounds to believe the person’s presence would be undesirable in the interests of the public resorting to the lands or prejudicial to the proper conduct of racing or other sport. The section expressly states it is supplemental to, not in derogation of, the by‑laws provisions (s 10(3)).

These concepts set a framework in which a private, incorporated sporting/racing entity has statutory personality and specified governance and accountability obligations, while retaining internal autonomy over membership, by‑laws and site control, subject to written law and RWWA rules.

The Act distributes duties, rights and exposures across a defined set of actors. The primary affected parties are:

• The Association itself: s 3 creates the incorporated entity that holds and manages property, runs races, and is responsible for debts and obligations inherited from the predecessor incorporated association under s 4. The Association gains corporate capacities (s 3(2)-(3)).
• Former members of the Western Australian Trotting Association (Incorporated): those who were members immediately before commencement become members of the Association automatically, unless they are bookmakers (s 5). That transition is mandatory on commencement; it affects membership rolls, voting rights and access to membership benefits as governed thereafter by by‑laws.
• Bookmakers: explicitly excluded from becoming members at commencement under s 5. The statute therefore treats bookmaking as a categorical disqualifier for initial membership.
• Committee members, officers, servants and agents of the Association: they make by‑laws (s 7), manage accounts (s 11-13), may exercise detention powers on site (s 9(3)), and are subject to procedural and accountability obligations. Committee resolutions require an absolute majority (s 7(3)(a)). They decide on admission, suspension and expulsion of members by by‑law authority (s 7(2)(e)-(f)) and may resolve that a person’s presence is undesirable (s 10).
• The Minister: under s 14 the Minister receives the Association’s annual account by 30 September each year and thereby has statutory access to the Association’s financial statements.
• The public and visitors to Association‑managed land and premises: subject to exclusion powers under s 10 and summary offences under s 9, the public’s rights of access to Association lands are regulated by the Association’s internal rules and the statutory powers of exclusion and trespass enforcement.
• Police and courts: s 9(3) requires police involvement in processing detained offenders and sets summary court procedures for offences under the Act, thereby engaging police and the courts in enforcement.
• Racing and wagering regulators and RWWA: the Act explicitly subordinates by‑laws to "rules of racing made under the Racing and Wagering Western Australia Act 2003" (s 7(6)). The compilation notes further record transitional arrangements (RWWA Act amendments) that preserved certain by‑laws temporarily (notes describing Pt 13 Division 2 s 236).
• Auditors and financial officers: the statutory account and audit regime (s 13-14) affects whoever is appointed as auditor, the President and Honorary Treasurer, and imposes timing and certification responsibilities.
• Persons subject to expulsion or disqualification: individuals who may be "undesirable" or under "any disqualification by the Association" are affected by s 10; the mechanism for disqualification and appeals is envisaged to be provided for in by‑laws (s 7(2)(e)-(g)).

The Act therefore primarily affects the internal stakeholders of the Association (committee, members, officers), the public who attend race meetings or use Association lands, regulatory bodies with rule‑making authority over racing (RWWA), the Minister who receives annual accounts, and enforcement agencies called upon under s 9.

This section summarises statutory obligations and legal entitlements created by the Act, with section references.

Rights and legal capacities

• Corporate capacity: the Association has perpetual succession and a common seal and may sue and be sued in its corporate name; it may purchase, hold, grant, dispose of, mortgage and otherwise deal with real and personal property and do all acts bodies corporate may do (s 3(1)-(2)).
• Adoption of company rights and obligations: except where the Act or by‑laws otherwise provide or where inconsistent, the Association has the rights and privileges and is subject to the obligations applicable to limited companies under the Companies (Co‑operative) Act 1943 (noting the carve‑outs at s 3(3)).
• Property and contractual continuity: all deeds, conveyances, assurances, grants, leases, contracts and obligations of the former incorporated Association remain valid and of full force as against the Association (s 4(2)-(3)). All causes of action survive in favour of or against the Association as if the Act had not been passed (s 4(3)).

Key duties

• By‑law-making: the Committee has the duty/power to make by‑laws necessary or convenient to give effect to the Act’s purposes (s 7(1)). The duty is framed as power to prescribe a wide range of internal governance matters, including funds control, management, elections, admissions, suspensions/expulsions, appeals, entrance fees, registers, meeting procedures, seal custody and property management (s 7(2)). By‑laws must be made by absolute majority of the Committee and published in a manner the Committee considers appropriate (s 7(3)).
• Accounts and record-keeping: the Committee must cause full and accurate accounts to be kept of all sums received or expended and the matters for which those sums were received or expended (s 11). This is a direct statutory obligation on the Committee with operational consequences for finance staff and auditors.
• Annual balancing, audit and certification: the books must be balanced up to 31 July each year and an annual account prepared; books and accounts must be examined and audited by the appointed auditor; the balance and account are to be certified by the President or Honorary Treasurer and by the auditor (s 13). The Act prescribes the financial year end date for annual accounting purposes.
• Transmission of accounts to the Minister: a certified copy of the annual account must be transmitted by the President free of charge to the Minister by 30 September each year (s 14). Non‑compliance carries a penalty stated in the Act and the account must be available for public inspection on payment of a 10 cent fee (s 14).

Regulatory limitations and supremacy

• By‑laws subject to written law and RWWA rules: by‑laws are of no effect to the extent they are inconsistent with any written law or with rules of racing made under the Racing and Wagering Western Australia Act 2003 (s 7(6)). This establishes a legal constraint on the Committee’s rule‑making power and embeds regulatory hierarchy regarding racing rules.

Enforcement duties and rights

• Summary offences and penalties: persons who wilfully obstruct officers, wilfully trespass on Association land, or wilfully injure buildings, enclosures, posts or vegetation on Association land are liable to penalties specified in s 9(1)-(2). Section 14 also prescribes a penalty for failure to prepare and transmit the annual account (s 14).
• Detention and delivery to police: Committee members, officers and servants and persons called by them may seize and detain persons committing offences against the Act until police are called, and must hand detained persons to a police constable for summary proceedings; the court is to proceed with all convenient despatch (s 9(3)).

Procedural rights and internal remedies

• Appeals and internal processes: by‑laws may regulate appeals from Committee decisions and regulate suspension or expulsion of members (s 7(2)(f)-(g)), which creates a statutory expectation that procedural rights can be defined by by‑laws, though the Act does not itself prescribe detailed appeal procedures or independent review beyond what the by‑laws provide.

Limitations and exclusions

• No requirement to use "limited": statutory carve‑out from company naming obligations (s 3(3)).
• No requirement to file certain annual returns required under Companies Act 1943 sections 112 and 113 (s 3(3)).
• Dissolution of previous incorporation: prior incorporation under the Associations Incorporation Act 1895 ceases to apply to the Association (s 3(4)), affecting which incorporation regime governs the body.

These duties and rights create a governance model: the Committee has central operational authority, with specified financial duties and limited enforcement powers, while regulatory constraints and Ministerial reporting obligations impose external accountability.

The Act supplies a modest, primarily summary enforcement regime that attaches to on‑site behavioural offences and to a specified reporting default. The statutory instruments and procedures are localised and rely on police and the courts for processing.

Offences and specified penalties

• Wilful obstruction: s 9(1) makes wilful obstruction of any officer, servant or agent of the Association in execution of the officer’s duty upon any land vested in or controlled by the Association or any building or premises connected therewith a summary offence punishable by a penalty not exceeding $20.
• Wilful trespass and wilful injury to property: s 9(2) makes wilful trespass upon Association land, or wilful removal or injury of any building, enclosure, post, tree or shrub upon such land, a summary offence punishable by penalty not exceeding $20.
• Failure to render annual account: s 14 prescribes a penalty of $10 for not preparing and rendering the annual account to the Minister by the required date; the penalty is to be levied by summary process.

Summary enforcement procedure and detention powers

• Private seizure and detention: s 9(3) authorises any member of the Committee, officer or servant of the Association and any person called by them to their assistance to seize and detain any person who has committed an offence under the Act and whose name and residence are not given when requested. The detaining person must give the offender in charge to a police constable.
• Police and court processing: a police constable shall convey the offender "with all convenient despatch" before a court of summary jurisdiction without any other authority than this Act, and the court "shall proceed with all convenient despatch" to hearing the charge (s 9(3)).
• Additional liabilities: s 9(3) states that notwithstanding any penalty under the Act, the offender is not relieved from any other liability to which they would have been subject if the Act had not been passed. This preserves other civil or criminal remedies outside the Act.

Practical enforcement observations (grounded in the text)

• The Act places policing and judicial functions outside the Association’s direct control. The Association’s detention power is limited and contingent on handing the detained person to the police for court processing (s 9(3)). The Association cannot itself impose criminal penalties; it can detain and refer.
• Penalty quantum is set in nominal dollar values in the text ($20 and $10). Those amounts are stated in the statute as maximum penalties for the named summary offences and for failure to render annual accounts (ss 9(1)-(2) and 14).
• The Act does not prescribe graduated or alternative enforcement measures (such as infringement notices) or procedural time limits for police or court action beyond the direction to proceed with "all convenient despatch" (s 9(3)).
• Exclusion powers under s 10 are administrative and exercisable by the Committee; the Act does not create a statutory criminal offence for being on Association lands without permission, but s 9 creates trespass and related offences. The Committee may refuse admission or expel persons on specified grounds (s 10(1)-(2)), and by‑laws may provide appeal routes (s 7(2)(f)-(g)).

Limits on enforcement

• By‑laws may regulate suspension and expulsion (s 7(2)(f)) and appeals (s 7(2)(g)), so procedural safeguards and internal remedies are largely left to the Committee to prescribe. The Act does not establish an independent tribunal or statutory review mechanism for exclusions.
• The Act provides that by‑laws inconsistent with written law or racing rules under the RWWA Act are of no effect (s 7(6)), which constrains the scope of enforceable internal rules.

In sum, enforcement under the Act is a mix of private administrative exclusion powers and narrow summary criminal offences for on‑site misconduct with specified low maximum penalties, backed by police and summary court processes. The Committee exercises immediate control (e.g. detention and expulsion) subject to referral to police and the courts for prosecutorial outcomes.

The Act expressly connects to and exempts itself from other legislative regimes; the compilation notes record significant later amendments that also affect the interaction.

Company and associations law

• Company law equivalence with carve-outs: s 3(3) provides that, save as in the Act or by‑laws or where inconsistent, the Association shall enjoy the rights and be subject to the obligations applicable to limited companies registered under the Companies (Co‑operative) Act 1943. The Act then expressly exempts the Association from using "limited" in its name and from the obligation to publish its name or file the annual return mentioned in ss 112 and 113 of the Companies Act 1943 (s 3(3)). This creates a partial assimilation to company law while preserving specific exemptions.
• Associations Incorporation Act 1895: s 3(4) dissolves the predecessor Association’s incorporation under the Associations Incorporation Act 1895 on commencement of this Act and states that the 1895 Act shall not apply to the Association. The compilation notes record that the Associations Incorporation Act 1895 was later repealed by the Associations Incorporation Act 1987, but the Act itself effected the original transition.

Interpretation Act 1984 and by‑laws

• By‑laws not regulations but certain Interpretation Act provisions apply: s 7(4) declares by‑laws are not "written laws" or "regulations" as defined in the Interpretation Act 1984. Nevertheless, s 7(5) makes specific sections of the Interpretation Act 1984 (section 43 other than subsections (6) and (8)(a)(ii), sections 44, 45 and 47) apply to by‑laws as if they were subsidiary legislation. The Act therefore borrows some procedural or formal requirements from the Interpretation Act without fully classifying by‑laws as subsidiary legislation; the actual content and effect of those Interpretation Act sections is not reproduced in the Act and must be read from the Interpretation Act itself.

Racing and wagering law (RWWA Act 2003)

• Supremacy of rules of racing under RWWA: s 7(6) provides that to the extent a by‑law is inconsistent with any written law or with rules of racing made under the Racing and Wagering Western Australia Act 2003, the by‑law has no effect. This places RWWA‑made rules above Association by‑laws and recognises the RWWA Act’s regulatory primacy in matters of racing and wagering.
• Transitional arrangements recorded in compilation notes: the notes to the Act reproduce Division 2 of the Racing and Gambling Legislation Amendment and Repeal Act 2003, which contains transitional and savings provisions (e.g. s 236). Those provisions continued existing rules of racing and certain by‑laws in force immediately prior to the commencement of the Amendment Act, subject to qualifications and an expiry within 12 months unless the Minister orders otherwise (see compilation notes quoting s 236(1)-(4)). The notes therefore record temporary continuity and an eventual transition of older by‑laws into the reformed regulatory environment.

Other statutes and procedural interactions

• References in other Acts: s 4(4) provides that any reference in any other Act to the Western Australian Trotting Association (Incorporated) is to be read as a reference to the Association. This ensures statutory cross‑references operate without amendment.
• Enforcement and criminal procedure interaction: s 9(3) requires that police convey offenders before a court of summary jurisdiction and that the court proceed to hearing; s 9 was amended by later Acts listed in the compilation table (e.g. Courts Legislation Amendment and Repeal Act 2004 and Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004), indicating updates to align with later criminal procedure reforms. The Act does not reproduce those procedural statutes but requires police and summary courts to process offenders under the Act.

Regulatory reporting to the Minister

• Finance reporting obligation: s 14 obliges the President to deliver a certified copy of the annual account to the Minister by 30 September each year, making that account a statutory report to the executive branch and engaging Ministerial oversight.

Temporal and amendment interaction

• Amendments and reprints: the compilation table lists numerous subsequent instruments and reprints that altered or deleted provisions over time (e.g. deletions of ss 6, 8, 12, 15-16 and the First and Second Schedules under the 2003 amendments). Where provisions were deleted, the Act no longer contains them but the compilation table documents the change history and provides context for interactions with later statutes.

In practice, anyone applying or advising on this Act must read it alongside the Companies (Co‑operative) Act 1943 (to the extent referenced), the Interpretation Act 1984, the Racing and Wagering Western Australia Act 2003 and the listed amending Acts in the compilation table (for transitional arrangements and procedural changes). The Act both borrows from and yields to these other statutory regimes in specific, enumerated ways (notably s 3(3) and s 7(5)-(6) and the compilation note on s 236).

The compilation table in the statutory text provides a chronological record of enactments, amendments, by‑laws published in the Gazette and reprints affecting the Act. Key entries recorded in the source material are:

• Original enactment: Western Australian Trotting Association Act 1946 (No. 55 of 1946), assent 24 January 1947, came into operation 1 February 1947 (s 1 and Gazette reference) , establishes the Act (compilation table).
• Early amendments and by‑laws: Western Australian Trotting Association Act Amendment Acts of 1947 (No. 10 of 1947) and 1948 (No. 62 of 1948) are recorded with respective assent and commencement dates (compilation table). Numerous untitled by‑laws were published in the Government Gazette between the 1950s and the 1990s, with dates and Gazette page references listed in the compilation table (multiple entries between 1957 and 2003).
• Decimal Currency Act 1965 (No. 113 of 1965): listed in the compilation table with commencement dates for sections. The Decimal Currency Act’s inclusion in the compilation table reflects currency unit changes in Western Australian statutes generally at that time and indicates the need to interpret monetary amounts in the Act in the relevant currency regime.
• Reprints: reprints of the Act were approved and listed (e.g. reprint approved 16 February 1959; reprint approved 2 May 1977; Reprint 3 as at 16 April 2004), consolidating amendments and published by the State (compilation table).
• Statutes (Repeals and Minor Amendments) Act 1994 (No. 73 of 1994): amendment entry at s 4, assent 9 December 1994, effect 9 December 1994 (compilation table).
• Racing and Gambling Legislation Amendment and Repeal Act 2003 (No. 35 of 2003): Pt 13, assent 26 June 2003, commenced 1 August 2003 (see s 2 and Gazette). The compilation notes reproduce s 19 and Division 2 transitional provisions (including ss 234-236) which address powers to amend regulations and transitional arrangements for funds and continuation/expiry of by‑laws; the notes record that pre‑existing by‑laws were continued temporarily subject to termination within 12 months or earlier (compilation notes quoting s 236).
• Repeals and deletions: several provisions were deleted by the 2003 amendment (the notes indicate ss 6, 8, 12, 15, 16 and the First and Second Schedules were deleted by No. 35 of 2003 at specified sections in the compilation table).
• Courts and criminal procedure consequential amendments: Courts Legislation Amendment and Repeal Act 2004 (No. 59 of 2004) s 141 and Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 (No. 84 of 2004) s 80 are listed with relevant assent and commencement timing entries in 2004-2005. The compilation table notes these Acts amended s 9 and s 14 (see marginal notes in the main Act text indicating s 9 amended by No. 113 of 1965 s 8; No. 35 of 2003 s 228; No. 59 of 2004 s 141; No. 84 of 2004 s 80; and s 14 amended by No. 113 of 1965 s 8; No. 35 of 2003 s 230).
• Gazette publication of by‑laws: the compilation table lists many specific dates on which untitled by‑laws were published in the Government Gazette (numerous entries from 1957 through 2003 and a specific untitled by‑law entry on 11 July 2003 p. 2740-1).
• Reprint 3: the compilation table records Reprint 3 of the Act as at 16 April 2004, which includes amendments up to that date (compilation table).

The compilation table and notes therefore provide a chronological paper trail that:

• Documents the initial creation of the Act in 1946/47 and its early amendment in 1947-1949.
• Records the periodic publication of by‑laws in the Gazette over decades.
• Records later legislative adjustments in 1994, 2003 and 2004 that deleted provisions and aligned enforcement and procedural provisions with wider criminal procedure reforms.
• Contains transitional provisions in the 2003 amendments that addressed the transfer of certain funds (Country Clubs’ Benefit Fund) to RWWA accounts and the temporary continuation and expiry of prior by‑laws (see notes quoting s 235 and s 236).

Anyone advising on the Act should consult the compilation table entries and the reproductions of amendment provisions in the notes to determine which provisions were deleted or altered at specific dates, and to track the status of historic by‑laws and transitional arrangements carried out under the 2003 amendments.

The Act’s text and the compilation notes as provided do not record any judicial decisions interpreting the provisions of the Western Australian Trotting Association Act 1946. The statutory extract contains no case references or reported litigation within the document itself.

The material available in the Act therefore supplies no on‑statute reported litigation history. Absent external materials or citations, there are no cases named in the source text that bear on interpretation, scope of the by‑laws power, the application of s 9 detention powers, the sufficiency of annual accounts under ss 11-14, or the interplay with RWWA rules. Counsel or researchers seeking litigation precedent will need to search case law databases, tribunal decisions or reported judgments outside the Act text for authorities applying or construing its provisions.

The compilation notes and amendment chronology do show legislative response measures (not adjudicative decisions), including repeal of certain sections and transitional provisions enacted by later statutes, but these are legislative changes rather than judicial interpretations.

The Act contains several drafting and implementation features that can produce operational pitfalls if read or applied superficially. These "gotchas" are grounded in the statutory text and compilation notes.

1. Monetary penalties and fees are stated in nominal historic values

• The Act specifies maximum penalties of $20 for certain summary offences (s 9(1)-(2)) and a $10 penalty for failure to transmit the annual account by the due date (s 14). The account inspection fee is specified as 10 cents (s 14). These amounts are fixed in the text; they appear historically small and may not reflect present administrative penalty regimes, but the Act, as printed, still refers to those amounts. Practitioners should confirm whether later consequential legislation or penalty‑indexing instruments (not printed here) have adjusted penalty levels or replaced them with reference to penalty units. The compilation table records the Decimal Currency Act 1965 and later amendments; checking current penalty valuation is necessary in practice.

2. By‑laws are not regulations but attract some Interpretation Act provisions

• s 7(4) states by‑laws are not "written laws" or "regulations" under the Interpretation Act 1984; s 7(5), however, applies selected sections of the Interpretation Act to by‑laws "as if they were subsidiary legislation." The Act identifies which sections apply (section 43 other than specified subparts, and sections 44, 45 and 47). The practical effect is hybrid: by‑laws escape full regulatory classification but are subject to particular procedural and formal requirements from the Interpretation Act. Advisers must read the Interpretation Act provisions cited to understand requirements for publication, revocation, or other formalities that may apply.

3. By‑laws can be of no effect if inconsistent with written law or RWWA rules

• s 7(6) provides that by‑laws inconsistent with any written law or rules of racing under the RWWA Act 2003 are of no effect. This creates a risk that a Committee‑made by‑law, even if purportedly covering a routine internal matter, may be inadvertently inconsistent with higher‑order law and therefore unenforceable. The compilation notes record transitional arrangements for pre‑existing by‑laws under the 2003 RWWA amendments (see Division 2, s 236), including a 12‑month expiry window. Committees should therefore review by‑laws against current written law and RWWA rules and not rely on pre‑2003 by‑laws without confirming their continued validity.

4. Committee concentration of rule‑making power and the absolute majority threshold

• By‑laws are made by resolution passed by an absolute majority of Committee members (s 7(3)(a)) with publication in the Committee’s chosen manner (s 7(3)(b)). There is no statutory requirement for member approval of by‑laws or external vetting beyond inconsistency with written law or RWWA rules. This centralises rule‑making power in the Committee and may raise governance issues if internal checks and appeal procedures are not robustly included in the by‑laws (the Act does permit by‑laws to regulate appeals (s 7(2)(g)), but leaves their content to the Committee).

5. Detention powers and name/residence requirement

• s 9(3) authorises seizure and detention where a person has committed an offence and "whose name and residence shall not be given to such member ... upon his requiring the same to be given." This creates a dependency on the detainee’s refusal to provide name and address. The text does not authorise detention where the person gives name and residence but has committed offences; the Committee member may not have statutory authority to detain in that circumstance and must rely on police intervention. Care is required when exercising detention powers to avoid exceeding the statutory authority and potential civil liability.

6. Membership automatic conversion and bookmaker exclusion limited to commencement

• s 5 converts those who were members immediately before commencement into members, except bookmakers. The exemption applies at commencement; the Act does not statutorily forbid later admissions of bookmakers unless the by‑laws or other rules expressly do so. Advisers should not assume an ongoing statutory prohibition on bookmakers unless the by‑laws or other law say so.

7. Limited disclosure obligations with public inspection fee

• s 14 requires the annual account be open to public inspection at reasonable hours on payment of a fee of 10 cents. The fee and the mechanics of public inspection are specified but minimal. There is no broader statutory obligation to publish accounts online or to distribute accounts to all members except transmission to the Minister. Committees should therefore set by‑laws or practices to meet modern expectations of transparency if desired, beyond the narrow statutory minimum.

8. Deleted provisions and schedules

• Several sections and schedules were deleted by the 2003 amendments (notes indicate ss 6, 8, 12, 15, 16 and Schedules deleted). Practitioners relying on pre‑2003 texts must ensure they consult the current printed Act and the compilation table to avoid relying on repealed provisions.

9. Appeals and due process left to by‑laws

• The Act contemplates regulation of suspension, expulsion and appeals by by‑laws (s 7(2)(f)-(g)) but does not prescribe minimum procedural standards. If the Association intends to exercise exclusion powers under s 10, the by‑laws should clearly set out notice, hearing and appeal procedures to limit risk of procedural challenge or uncertainty.

These points are not value judgments but operational flags rooted in the statutory text. They indicate where legal certainty requires reading this Act together with (a) the by‑laws the Committee enacts, (b) the Interpretation Act provisions applied by s 7(5), (c) the Racing and Wagering Western Australia Act 2003 rules, and (d) any subsequent legislation updating penalties or procedures.

This section translates statutory duties into concrete compliance steps and checklists grounded in the Act’s text. Compliance should be approached on two tracks: corporate/governance compliance and operational/enforcement compliance.

Corporate and governance compliance

1. Incorporation records and name usage

• Maintain corporate records showing the Association’s incorporation under this Act (s 3). The Association is not required to use the word "limited" as part of its name (s 3(3)); nevertheless, ensure external documentation accurately reflects the corporate status created by this Act rather than any defunct incorporation under the Associations Act (s 3(4)).

2. Committee resolutions for by‑laws

• Ensure by‑laws are made by a resolution passed by an absolute majority of Committee members (s 7(3)(a)). Document the minutes evidencing the absolute majority vote and retain formal resolutions.
• Publication: publish by‑laws in a manner that the Committee considers appropriate and retain proof of publication (s 7(3)(b)). Given s 7(5) imports certain Interpretation Act provisions, confirm whether publication must meet any specific requirements under those sections.

3. By‑laws drafting and legal review

• Draft by‑laws to cover the matters listed in s 7(2) (objects, funds application, management, election procedure, admission/suspension/expulsion, appeals, fees, registers, meeting procedure, seal custody, property and race management).
• Ensure by‑laws do not conflict with any written law and specifically check consistency with rules of racing made under the Racing and Wagering Western Australia Act 2003. Where potential inconsistency exists, revise by‑laws because s 7(6) renders inconsistent by‑laws of no effect.
• Include clear procedural protections and appeal mechanisms for suspension/expulsion decisions (s 7(2)(f)-(g)), since the Act leaves process design to by‑laws.

Financial and audit compliance

4. Accounting procedures and internal controls

• Keep full and accurate accounts of all sums received or expended and the matters for which those sums were received or expended (s 11). Implement accounting systems and internal controls sufficient to produce an annual account balanced to 31 July each year.
• Appoint a qualified auditor consistent with the Association’s by‑laws and applicable practice, and ensure the auditor examines and audits the books and accounts (s 13).

5. Annual balance, audit and certification

• Close and balance books to 31 July. Prepare the annual account showing total receipts and expenditure for the year ended 31 July and the balance. Obtain the auditor’s examination and certification and have the President or Honorary Treasurer and the auditor certify the balance and account (s 13).

6. Transmission to Minister and public inspection

• Transmit a copy of the certified annual account free of charge to the Minister by 30 September each year (s 14). Keep a record of despatch (postal or electronic delivery proof).
• Make the annual account available for public inspection at reasonable hours on payment of the fee specified in s 14 (10 cents). Maintain a log of inspection requests and payments received.

Operational and site compliance

7. Enforcement and detention protocol

• Adopt clear internal protocols and staff training for handling wilful obstruction, trespass and damage on Association lands (s 9). Train Committee members and officers on the limits of statutory seizure and detention power: detention is authorised only where the offender will not give name and residence on request and the detained person must be handed to police (s 9(3)).
• Maintain direct contact procedures with local police and a chain‑of‑custody and incident report template for handing detained persons to police for summary proceedings.

8. Admission, exclusion and expulsion processes

• Implement admission and exclusion practices consistent with s 10 and the relevant by‑laws. For persons under disqualification or where the Committee believes presence is undesirable on reasonable grounds, adopt written decision templates, reasons for findings and records of evidence to support decisions to refuse or expel. Ensure by‑laws provide appeal routes and adhere to natural justice considerations as appropriate.

Records and legal housekeeping

9. Registers and minute books

• Maintain a members’ register if required by by‑laws (s 7(2)(i)). Keep accurate minutes of Committee meetings, by‑law adoptions, elections, expulsions and appeals, and preserve deeds, conveyances and other instruments taken over by the Association under s 4.
• Because s 4(2) ensures continuity of deeds and contracts, compile an inventory of assets, contracts, liens and obligations assumed at commencement and keep accessible copies.

10. Review historic by‑laws and transitional arrangements

• If relying on by‑laws enacted before the 2003 amendments, confirm whether they were continued under the transitional provision s 236 (quoted in the compilation notes), whether they expired within 12 months or were re‑made by the Committee under the amended s 7 framework. Do not assume pre‑2003 by‑laws remain valid without specific confirmation and re‑publication under s 7(3)(b).

Legal and regulatory checks

11. Legal review against RWWA rules and written law

• Obtain legal review to verify by‑laws and practices do not conflict with written laws or RWWA racing rules (s 7(6)). Keep a compliance checklist referencing relevant written laws and RWWA rules.
• Where the Association intends to regulate wagering or betting, ensure that separation between racing governance and wagering regulation under RWWA law is respected.

12. Update for changed penalty frameworks

• Verify whether penalties cited in the Act have been updated or replaced (e.g. by reference to penalty units or indexation) in subsequent legislation not printed here. Where necessary, update internal policies to reflect current penalty unit values and prosecutorial practice.

Audit and governance schedule

13. Annual calendar

• Maintain an annual corporate calendar keyed to 31 July year‑end, 30 September transmission date to the Minister, and scheduled Committee meetings for approving by‑laws, budgets and audited accounts. Ensure the Committee’s calendar allows sufficient lead time to appoint auditors, conduct audits and prepare certified accounts.

By following these steps and embedding them into internal policies and by‑laws, the Association can operationalise the statutory duties in ss 3-14, manage enforcement interactions under s 9, ensure member administration (s 5), and align by‑laws with the statutory constraints in s 7(5)-(6).