Western Australian Current Acts Western Australian Current Acts (1) RWWA may make
rules of racing with respect to the control, regulation and supervision of
—
(a)
thoroughbred racing (the Rules of Thoroughbred Racing); and
(b)
harness racing (the Rules of Harness Racing); and
(c)
greyhound racing (the Rules of Greyhound Racing),
that are required or
permitted by this Act to be made or that RWWA considers necessary or
convenient for the performance of its functions and the exercise of its
powers.
(2) Without limiting
subsection (1), RWWA may make rules of racing for or with respect to —
(a) any
of the matters referred to in section 39, 40, 41, 42 or 44; and
(b) the
effect of a disqualification of, or other penalty imposed on, a person, horse
or greyhound under section 44(1)(a); and
(c) the
holding and conduct of race meetings and of races at any such meeting; and
(d) the
holding and conduct of trials and jump-outs at a racecourse or a training or
trial track; and
(e) the
keeping of horses and greyhounds which are in the care or custody of persons
licensed under this Act; and
(f) the
breeding of thoroughbred racing horses, harness racing horses and greyhounds;
and
(g) the
naming and identification of thoroughbred racing horses, harness racing horses
and greyhounds; and
(h)
prizes for races; and
(i)
fees and charges to be paid to RWWA in respect of
licensing, registration, the services of stewards and other matters under this
Act, and the recovery of fees and charges; and
(j) the
appointment of stewards; and
(k) the
powers and duties of —
(i)
stewards and other officers, employees and agents of RWWA
in relation to racing; and
(ii)
racing clubs and their managing bodies, members,
officers, employees and agents;
and
(l) the
extent to which and circumstances in which stewards may exercise their
functions to the exclusion of managing bodies, members, officers, employees
and agents of racing clubs.
(3) Without limiting
the operation of subsections (1) and (2), rules of racing may —
(a)
authorise a steward or other officers or employees of RWWA to —
(i)
impose pecuniary and non-pecuniary penalties as referred
to in section 44; and
(ii)
prohibit any person from entering upon and remaining on a
racecourse or a trial track;
(b)
subject to the Racing Penalties (Appeals) Act 1990 , provide for appeals to
RWWA from decisions made under paragraph (a).
(4) A provision of the
rules of racing may authorise any matter or thing to be from time to time
determined, applied, approved or regulated by any specified person or body.
(5) Rules of racing
may adopt, either wholly or in part and either specifically or by reference,
the Australian Rules of Racing, the Australian Rules of Harness Racing, the
Australian Greyhound Racing Rules and any other rules or standards, codes or
specifications —
(a) as
at the time the rules of racing are made or at any time before then; or
(b) as
amended from time to time.
(6) Rules of racing
apply to, and are binding on —
(a)
RWWA, the board, directors, stewards and other officers, employees and agents
of RWWA; and
(b)
racing clubs and their managing bodies, members, officers, employees and
agents; and
(c)
persons having the management and control of racecourses or trial tracks and
their employees and agents; and
(d)
trainers, owners and lessees of horses or greyhounds and their employees and
agents; and
(e)
bookmakers, bookmakers’ managers and bookmakers’ employees who
hold licences under the Betting Control Act 1954 and who accept wagers at
racecourses; and
(f)
jockeys, drivers, stablehands, attendants and all other persons participating
in, or associated with the keeping, training and racing of horses or
greyhounds; and
(g) all
persons attending race meetings or trials or wagering at race meetings.
(7) Notice of the
making of rules of racing is to be published in the Gazette .
(8) A notice under
subsection (7) must either set out the text of the rules of racing or state
where a copy of the rules may be obtained.
(9) Rules of racing
come into operation on the day of publication of the notice referred to in
subsection (7) or such later day as is provided for in the rules of racing.
(10) Sections 41, 42
and 43(6) of the Interpretation Act 1984 do not apply to rules of racing.
(11) To the extent
that a rule of racing is inconsistent with a regulation, the regulation
prevails.