Western Australian Current Acts

BETTING CONTROL ACT 1954 - SECT 11C

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.

        Penalty for this subsection: a fine of $2 000.

        (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).

        Penalty for this subsection: a fine of $5 000.

        (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.

        Penalty for this subsection: a fine of $2 000.

        (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.

        Penalty for this subsection: a fine of $5 000.

        [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.]