Western Australian Current Acts Western Australian Current Acts[s. 40]
[Heading amended: No. 19 of 2010 s. 4.]
1 . Definitions of terms in this Schedule
In this Schedule
—
appointed day means the day fixed by the Minister
pursuant to section 40(1);
Cannington race course means all that land being
portion of Canning Location 5 and being Lot 18 the subject of Diagram 24185
and being part of the land comprised in Certificate of Title Volume 1223 Folio
633 together with the improvements thereon;
the club means the Canning Greyhound Racing
Association (W.A.) (Inc.);
the Society means the Canning Agricultural
Horticultural and Recreational Society (Inc.).
2 . Lease of Cannington race course
(1) On the appointed
day the lease of the Cannington race course by the Society to the club shall,
by force of this subclause, cease and determine.
(2) Without prejudice
to the generality of section 22 the Association may, with effect on and from
the appointed day, lease the Cannington race course from the Society upon and
subject to such terms, covenants, conditions and stipulations as are agreed to
by the Association and the Society.
3 . Termination of licence and permit
On or after the
appointed day a licence or permit —
(a)
issued or deemed to have been issued under Part VI in respect of the
Cannington race course; and
(b) in
force immediately before that day,
shall have no effect.
4 . Transfer of assets, liabilities, obligations
and staff of club
(1) On the appointed
day —
(a) all
rights, property and assets that were, immediately before that day, vested in
the club and were acquired or used by the club in connection with the
operations conducted by it at the Cannington race course, are, by force of
this subclause, vested in the Association; and
(b) the
Association becomes, by force of this subclause, liable to pay and discharge
all the debts, liabilities and obligations of the club that existed
immediately before that day and were incurred by or imposed on the club in
connection with the operations conducted by it at the Cannington race course,
and on and from that
day the Association shall have all powers necessary to enforce such rights,
take possession of, recover and deal with such property and pay and discharge
such debts, liabilities and obligations.
(2) On the appointed
day, or as soon as practicable thereafter, the club shall deliver to the
Association or as the Association may order, all movable property to which
subclause (1)(a) applies and all books, papers, documents, minutes, receipts
and ledgers appertaining to the operations conducted by the club at the
Cannington race course.
(3) Any person who
was, during the period of one year immediately preceding the appointed day, an
office-bearer or employee of the club shall on being required so to do by a
person authorised in that behalf by the Committee, give to that person all
assistance that he is reasonably able to give in connection with any matter
recorded in any book, papers, document, minutes, receipt or ledger referred to
in subclause (2).
Penalty: $1 000.
(4) Subject to clause
2 any agreement or instrument subsisting immediately before the appointed day
to which the club is a party and which relates to the operations conducted by
the club at the Cannington race course has effect on and after that day as if
—
(a) the
Association were substituted for the club as a party to the agreement or
instrument; and
(b) any
reference in the agreement or instrument to the club were (except in relation
to matters that occurred before that day) a reference to the Association.
(5) Any proceedings
pending immediately before the appointed day to which the club is a party and
which relate to the operations conducted by the club at the Cannington race
course may be continued on or after that day as if the Association was a party
thereto in lieu of the club.
(6) Any question
arising as to whether or not a provision of this clause applies to any
particular right, property, asset, debt, liability, obligation, book, papers,
document, minutes, receipt, ledger, agreement, instrument or proceedings shall
be determined by the Minister and the decision of the Minister is final.
(1) On the appointed
day any person who, immediately before that day, held an office as a salaried
officer of the club or occupied a position as an employee of the club and who
has, before the appointed day, indicated in writing to the Association that he
wishes this subclause to apply to him, shall become the holder of an office as
an officer of the Association or the occupant of a position as an employee of
the Association, as the case may be.
(2) A person who
becomes an officer or employee of the Association pursuant to subclause (1)
shall retain his existing and accruing rights and in particular his rights in
relation to leave and retirement benefits and for the purpose of determining
such rights his service with the Association shall be regarded as continuous
with his service with the club.
This is a compilation of the Western Australian Greyhound Racing Association
Act 1981 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.
|
Short title |
Number and year |
Assent |
Commencement | ||
|---|---|---|---|---|---|
|
10 of 1981 |
22 May 1981 |
15 Jun 1981 (see s. 2 and Gazette 12 Jun 1981 p. 2048) | |||
|
Acts Amendment (Financial Administration and Audit) Act 1985 s. 3 |
98 of 1985 |
4 Dec 1985 |
1 Jul 1986 (see s. 2 and Gazette 30 Jun 1986 p. 2255) | ||
|
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) | ||
|
Equal Opportunity Amendment Act (No. 3) 1997 s. 8 |
42 of 1997 |
9 Dec 1997 |
6 Jan 1998 (see s. 2(1)) | ||
|
Western Australian Greyhound Racing Association Amendment Act 1998 1, 2, 3 |
23 of 1998 |
30 Jun 1998 |
1 Aug 1998 (see s. 3 and Gazette 21 Jul 1998 p. 3825) | ||
|
Reprint of the Western Australian Greyhound Racing Authority Act 1981 as at 1
Jan 1999 (includes amendments listed above) | |||||
|
Statutes (Repeals and Minor Amendments) Act 2000 s. 46 |
24 of 2000 |
4 Jul 2000 |
4 Jul 2000 (see s. 2) | ||
|
Racing and Gambling Legislation Amendment and Repeal Act 2003 Pt. 12 Div. 1 4 |
35 of 2003 |
26 Jun 2003 |
s. 195-206, 207(1)(a) and (2), 208-218: 1 Aug 2003 (see s. 2 and Gazette 29
Jul 2003 p. 3259); | ||
|
Reprint 2: The Western Australian Greyhound Racing Association Act 1981 as at
10 Feb 2006 (includes amendments listed above) | |||||
|
Financial Legislation Amendment and Repeal Act 2006 s. 17 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137) | ||
|
Acts Amendment (Bankruptcy) Act 2009 s. 91 |
18 of 2009 |
16 Sep 2009 |
17 Sep 2009 (see s. 2(b)) | ||
|
Standardisation of Formatting Act 2010 s. 4 |
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341) | ||
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. 159 |
21 of 2019 |
18 Sep 2019 |
To be proclaimed (see s. 2(1)(b)(xiii)) |
1 The Western Australian Greyhound Racing
Association Amendment Act 1998 s. 16(2), (3) and (4) read as follows:
“
(2) The body
renamed as the Western Australian Greyhound Racing Authority by subsection (1)
is the same body as the Western Australian Greyhound Racing Association
previously established under section 5 of the principal Act.
(3) The fund renamed
as the Western Australian Greyhound Racing Authority Fund by subsection (1) is
the same fund as the Western Australian Greyhound Racing Association Fund
previously referred to in section 16 of the principal Act.
(4) Where, in a
written law (including the principal Act on or after the commencement of this
Act) or in any document of any kind, there is —
(a) a
reference to the Western Australian Greyhound Racing Association; or
(b) a
reference that was directed by clause 7 of Schedule 2 to the principal Act to
be read and construed as a reference to the Western Australian Greyhound
Racing Association,
that reference is,
unless because of the context it would be inappropriate to do so, to be read
and construed as if it had been amended to be a reference to the Western
Australian Greyhound Racing Authority.
”.
2 The Western Australian Greyhound Racing
Association Amendment Act 1998 s. 17(3) and (4) read as follows:
“
(3) The body
renamed as the board by subsection (1) is the same body as the Committee
previously established under section 9 of the principal Act.
(4) Where, in a
written law or in any document of any kind, there is a reference to the
Committee that reference is, unless because of the context it would be
inappropriate to do so, to be read and construed as if it had been amended to
be a reference to the board.
”.
3 The Western Australian Greyhound Racing
Association Amendment Act 1998 s. 18 and 19 read as follows:
“
18. Validation of rules
(1) A rule made under
section 24 or 25 of the principal Act is taken to have been validly made and
to have, and to have always had, full force and effect as a rule under that
section even if it was not published and dealt with in accordance with the
Interpretation Act 1918 or the Interpretation Act 1984 , whichever was
applicable at the time.
(2) No action lies in
respect of a matter determined, or an action taken or omitted to be taken, by
a person or body in good faith under a rule to which subsection (1) applies,
by reason only that the rule was not published and dealt with in accordance
with the Interpretation Act 1918 or the Interpretation Act 1984 , whichever
was applicable at the time.
19. Transitional provision regarding rules
Unless and until they
are amended, rules made under section 24 or 25 of the principal Act and in
force immediately before the commencement of this Act (including any rule to
which section 18 applies) continue in force as, and are taken to be, rules of
racing made by the Authority under section 7B of the principal Act as amended
by this Act.
”.
4 The Racing and Gambling Legislation Amendment
and Repeal Act 2003 s. 3, Pt. 2, s. 19 and Pt. 12 Div 2 read as follows:
“
3. Definitions
In this Act —
appointed day means the day fixed by order under
section 7;
assets means —
(a)
property of every kind whether tangible or intangible, real or personal,
corporeal or incorporeal; and
(b)
without limiting paragraph (a) includes choses in action, goodwill, rights,
interests and claims of every kind in or to property, whether arising from,
accruing under, created or evidenced by or the subject of, an instrument or
otherwise and whether liquidated or unliquidated, actual, contingent or
prospective;
commencement day means the day of which Part 1 of
the RWWA Act comes into operation;
liability means any liability, duty or obligation
whether actual, contingent or prospective, liquidated or unliquidated, or
whether owned alone or jointly or jointly and severally with any other person;
right means any right, power, privilege or
immunity whether actual, contingent or prospective;
RWWA means Racing and Wagering Western Australia
established under the Racing and Wagering Western Australia Act 2003 ;
RWWA Act means the
Racing and Wagering Western Australia Act 2003 and, without limiting
section 46 of the Interpretation Act 1984 , includes a reference to the rules
of racing made under, or continued for the purposes of, that Act.
”
“
Part 2 — Transitional matters related to enactment of RWWA Act
4. Definitions
(1) In this Part,
unless the contrary intention appears —
old Greyhound Racing Rules means Greyhound Racing
Rules made under section 7B of the Western Australian Greyhound Racing
Authority Act 1981 and in force immediately before commencement day;
old Rules of Harness Racing means the Rules of
Harness Racing 1999 made or adopted under by-laws under the
Western Australian Trotting Association Act 1946 and in force immediately
before commencement day;
old Rules of Racing means Rules of Racing of the
Western Australian Turf Club made or adopted by the Western Australian Turf
Club and in force immediately before commencement day;
TAB means the Totalisator Agency Board established
under the Totalisator Agency Board Betting Act 1960 ;
TABB Act means the
Totalisator Agency Board Betting Act 1960 .
(2) Unless otherwise
specified or a contrary intention appears, words and expressions in this Part
have the same meaning as in the RWWA Act.
5. First appointments to the board
(1) Despite sections
11 and 12 of the RWWA Act, for the purpose of the first appointments of
directors to the board —
(a) the
following bodies are eligible thoroughbred racing bodies for the purposes of
sections 8(1)(b) and 11(2)(c) of the RWWA Act —
(i)
The Western Australian Turf Club;
(ii)
the Western Australian Provincial Thoroughbred Racing
Association;
(iii)
the Country Racing Association;
(iv)
the Western Australian Thoroughbred Racing Industry
Council;
(b) the
following bodies are eligible harness racing bodies for the purposes of
sections 8(1)(c) and 11(2)(d) of the RWWA Act —
(i)
the Western Australian Trotting Association;
(ii)
the Fremantle Trotting Club (Inc.);
(iii)
the Western Australian Country Trotting Association;
(iv)
the Western Australian Standardbred Breeders’
Association Inc.;
(v)
the Western Australian Harness Racing Breeders, Owners,
Trainers and Reinspersons’ Association (Inc.);
(vi)
the Harness Racing Owners’ Association of WA
Incorporated;
(c) the
following bodies are eligible greyhound racing bodies for the purposes of
sections 8(1)(d) and 11(2)(e) of the RWWA Act —
(i)
the Western Australian Greyhound Racing Authority;
(ii)
the Avon Valley Greyhound Racing Association;
(iii)
the Western Australian Greyhound Breeders, Owners and
Trainers Association;
and
(d) the
Minister is to nominate a person for the purposes of section 11(2)(b) of the
RWWA Act instead of the board.
(2) The Minister may
give directions for facilitating the constitution of the first board of
directors of RWWA and those directions have the same effect as an order made
under section 9 of the RWWA Act.
6. Acting CEO
The Minister may
appoint a person to act in the office of CEO under section 20 of the RWWA Act
during the period before the board first appoints a CEO under that section.
7. RWWA not to exercise gambling functions until
appointed day
(1) RWWA must not
exercise any of its functions under Part 5 of the RWWA Act until the day fixed
under subsection (2).
(2) The Minister may,
by order published in the Gazette , fix a day (the appointed day ) on which
RWWA is authorised to exercise its functions under Part 5 of the RWWA Act.
(3) Until the
appointed day, the functions (to the extent that they are like functions of
the TAB under the TABB Act immediately before the appointed day) remain
functions of the TAB and may continue to be exercised by the TAB under the
TABB Act.
8. Strategic development plan
(1) The first
strategic development plan for RWWA under Part 6 Division 1 of the RWWA Act is
to be for a period starting 1 August 2004.
(2) The last strategic
development plan for the TAB under the TABB Act before the appointed day is to
operate after the appointed day as a strategic development plan for RWWA in
relation to its gambling operations until a first strategic development plan
for RWWA in relation to those operations is agreed under the RWWA Act.
9. Statement of corporate intent
(1) The first
statement of corporate intent for RWWA under Part 6 Division 2 of the RWWA Act
is to be for the financial year commencing 1 August 2004.
(2) The last statement
of corporate intent for the TAB under the TABB Act before the appointed day is
to operate after the appointed day as a statement of corporate intent for RWWA
in relation to its gambling operations until a first statement of corporate
intent for RWWA in relation to those operations is submitted under the RWWA
Act.
10. Borrowing limits
The first monetary
limits under section 98 of the RWWA Act are to be determined in relation to
the first financial year of RWWA to start on or after commencement day.
11. Rules of racing — continuation and
expiry
(1) Subject to
subsection (5), the old Rules of Harness Racing continue in force with such
changes as are necessary on and after commencement day —
(a) to
the extent that the rules deal with matters of racing, as if the rules were
made by RWWA as Rules of Harness Racing under section 45 of the RWWA Act; and
(b) to
the extent that the rules deal with totalisators on racecourses —
(i)
before the appointed day as if the rules were not
affected by this Act or the RWWA Act; and
(ii)
on and after the appointed day as if the rules were made
and approved as rules of wagering under section 120 of the RWWA Act.
(2) Subject to
subsection (5), the old Rules of Racing continue in force with such changes as
are necessary on and after commencement day —
(a) to
the extent that the rules deal with matters of racing, as if the rules were
made by RWWA as Rules of Thoroughbred Racing under section 45 of the RWWA Act;
and
(b) to
the extent that the rules deal with totalisators on racecourses —
(i)
before the appointed day as if the rules were not
affected by this Act or the RWWA Act; and
(ii)
on and after the appointed day as if the rules were made
and approved as rules of wagering under section 120 of the RWWA Act.
(3) Subject to
subsection (5), the old Greyhound Racing Rules continue in force with such
changes as are necessary on and after commencement day —
(a) to
the extent that the rules relate to racing, as if the rules were made by RWWA
as Rules of Greyhound Racing under section 45 of the RWWA Act; and
(b) to
the extent that the rules deal with totalisators on racecourses —
(i)
before the appointed day as if the rules were not
affected by this Act or the RWWA Act; and
(ii)
on and after the appointed day as if the rules were made
and approved as rules of wagering under section 120 of the RWWA Act.
(4) A reference in the
RWWA Act to the rules of racing or the rules of wagering includes a reference
to the rules in force under this section.
(5) The rules
continued in force under subsections (1), (2) and (3) expire 12 months after
the coming into operation of this section, or on a day fixed by order of the
Minister published in the Gazette , whichever is the earlier day.
(6) Nothing in this
section affects the operation of sections 36, 37 and 38 of the RWWA Act.
(7) To the extent that
the rules continued in force under this section confer functions and powers
solely on a principal club or a controlling authority, on and after
commencement day those functions are to be carried out and powers are to be
exercised by RWWA.
12. Licences, permits, approvals and registrations
(1) In this section
—
authorisation means —
(a) a
licence to train;
(b) a
licence of a bookmaker;
(c) a
licence of a driver;
(d) a
licence of a trainer;
(e) a
licence of a stablehand;
(f) a
licence of a studmaster or artificial breeding technician;
(g) a
permit to train;
(h)
registration of a racing club;
(i)
registration as a driver, trainer, owner, stable hand,
bookmaker or bookmaker’s clerk;
(j)
registration of a horse, foal, stud or sire (or for a certificate of service)
or of any transfer, lease or cancellation of lease of a horse;
(k)
registration of a syndicate;
(l)
registration of colours;
(m) any
other licence, permit, approval or registration.
(2) Subject to the
RWWA Act, any authorisation given or issued under —
(a) the
old Greyhound Racing Rules;
(b) the
old Rules of Harness Racing;
(c) the
by-laws of the Western Australian Trotting Association under the
Western Australian Trotting Association Act 1946 ; or
(d) the
old Rules of Racing,
and in force
immediately before commencement day continues in force on and after
commencement day as if it were given by RWWA under the RWWA Act.
13. Appointment of stewards and other officials
(1) Subject to the
RWWA Act and unless otherwise determined in writing by RWWA, any appointment
of a steward or other racing official made under —
(a) the
old Greyhound Racing Rules;
(b) the
old Rules of Harness Racing; or
(c) the
old Rules of Racing,
and in force
immediately before commencement day continues in force, with necessary changes
but otherwise under and subject to the same terms and conditions, on and after
commencement day as if it were made under the RWWA Act.
(2) Nothing in —
(a) the
old Greyhound Racing Rules;
(b) the
old Rules of Harness Racing; or
(c) the
old Rules of Racing,
operates so as to
prevent or restrict —
(d) the
continuation of the appointment of an employee of a racing club as a steward
or other racing official for the purposes of the RWWA Act; or
(e) the
appointment by RWWA of an employee of a racing club as a steward or other
racing official for the purposes of the RWWA Act.
14. Race meetings
On and after
commencement day a date or time for a race meeting that has been fixed by or
under —
(a) the
old Greyhound Racing Rules;
(b) the
old Rules of Harness Racing;
(c) the
by-laws of the Western Australian Trotting Association under the
Western Australian Trotting Association Act 1946 ; or
(d) the
old Rules of Racing,
and in force
immediately before commencement day, is to be taken to be the date or time of
the race meeting as if it had been fixed by RWWA under the RWWA Act.
15. Appeals
(1) Any appeal under
—
(a) the
old Greyhound Racing Rules;
(b) the
old Rules of Harness Racing;
(c) the
by-laws of the Western Australian Trotting Association under the
Western Australian Trotting Association Act 1946 ; or
(d) the
old Rules of Racing,
that has been
commenced but not completed immediately before commencement day, is taken to
be an appeal against a decision of RWWA.
(2) A right of appeal
under —
(a) the
old Greyhound Racing Rules;
(b) the
old Rules of Harness Racing;
(c) the
by-laws of the Western Australian Trotting Association under the
Western Australian Trotting Association Act 1946 ; or
(d) the
old Rules of Racing,
that is in existence
but has not been exercised immediately before commencement day, is taken to be
a right of appeal against a decision of RWWA.
16. TAB Sports Betting Account
(1) On commencement
day, any funds standing to the credit of the TAB Sports Betting Account
established under section 28A(2)(d) of the TABB Act are to be credited to the
Sports Wagering Account referred to in section 110A of the Gaming Commission
Act 1987 , and the TAB Sports Betting Account is then to be closed.
(2) If in an
agreement, instrument or other document there is a reference to the TAB Sports
Betting Account, that reference is, unless the context otherwise requires, to
be read or to have effect on and after commencement day as if it were a
reference to the Sports Wagering Account.
17. Sports Betting Promotion Account
(1) On commencement
day, any funds standing to the credit of the Sports Betting Promotion Account
referred to in section 28A(2)(c) of the TABB Act are to be credited to an
account established under section 88 of the RWWA Act, and the Sports Betting
Promotion Account is then to be closed.
(2) If in an
agreement, instrument or other document there is a reference to the Sports
Betting Promotion Account, that reference is, unless the context otherwise
requires, to be read or to have effect on and after commencement day as if it
were a reference to the account established under section 88 of the RWWA Act.
18. Further transitional provisions may be made
(1) If there is no
sufficient provision in this Part for dealing with a transitional matter,
regulations under this Act may include any provision that is required, or that
is necessary or convenient, for dealing with the transitional matter.
(2) In subsection (1)
—
transitional matter means a matter that needs to
be dealt with for the purpose of —
(a)
effecting the transition from the provisions of the TABB Act to the provisions
of the RWWA Act; or
(b)
effecting the transition from the provisions of an Act amended by this Act as
in force before this Act comes into operation to the provisions of that Act as
in force after this Act comes into operation.
(3) Regulations made
under subsection (1) may provide that specific provisions of the RWWA Act or
an Act amended by this Act —
(a) do
not apply; or
(b)
apply with specific modifications,
to or in relation to
any matter.
(4) If regulations
made under subsection (1) provide that a specified state of affairs is to be
taken to have existed, or not to have existed, on and from a day that is
earlier than the day on which the regulations are published in the Gazette but
not earlier than the commencement day, the regulations have effect according
to their terms.
(5) In subsection (4)
—
specified means specified or described in the
regulations.
(6) If regulations
contain a provision referred to in subsection (4), the provision does not
operate so as —
(a) to
affect in a manner prejudicial to any person (other than the State), the
rights of that person existing before the day of publication of those
regulations; or
(b) to
impose liabilities on any person (other than the State or an authority of the
State) in respect of anything done or omitted to be done before the day of
publication of those regulations.
”
“
19. Power to amend regulations
(1) The Governor, on
the recommendation of the Minister, may make regulations amending subsidiary
legislation made under any Act.
(2) The Minister may
make a recommendation under subsection (1) only if the Minister considers that
each amendment proposed to be made by the regulations is necessary or
desirable as a consequence of the enactment of the RWWA Act or this Act.
(3) Nothing in this
section prevents subsidiary legislation from being amended in accordance with
the Act under which it was made.
”.
“
Division 2 — Transitional provision
219. Renamed body is same body
(1) The body renamed
as the Western Australian Greyhound Racing Association by section 201(1) is
the same body as the Western Australian Greyhound Racing Authority previously
established under section 5 of the Western Australian Greyhound Racing
Authority Act 1981 .
(2) Where in a written
law or in any document of any kind, there is a reference to the Western
Australian Greyhound Racing Authority, that reference is, unless because of
the context it would be inappropriate to do so, to be read and construed as if
it had been amended to be a reference to the Western Australian Greyhound
Association.
”.
5 Short title was initially the
Western Australian Greyhound Racing Association Act 1981 and was subsequently
changed to the Western Australian Greyhound Racing Authority Act 1981 then
again to the Western Australian Greyhound Racing Association Act 1981 (see
note under s. 1).
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
appointed day
Sch. 3 cl. 1
Association 4
Cannington race course Sch. 3 cl. 1
Chairman
4
Chief Executive Officer
4
Deputy Chairman 4
Fund
4
greyhound racing 4
greyhound
racing club 4
greyhound trial track
4
lessee 4
licensed
4
member 4
owner
4
race course 4
race meeting
4
registered 4
rules of
racing 4
RWWA 4
RWWA
Act 4
the club Sch. 3
cl. 1
the Society Sch. 3 cl. 1
trainer
4