Western Australian Repealed Acts Western Australian Repealed ActsThis legislation has been repealed.
1 This is a compilation of the Totalisator Agency Board
Betting Act 1960 and includes the amendments made by the other written
laws referred to in the following table 9. For amendments that
had not come into operation on the date on which this compilation was prepared
see endnote 1a. The table also contains information about any
reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
50 of 1960 |
28 Nov 1960 |
31 Dec 1960 (see s. 2 and Gazette
23 Dec 1960 p. 4073) |
|
|
Totalisator Agency Board Betting Act Amendment
Act 1961 |
15 of 1961 |
20 Oct 1961 |
20 Oct 1961 |
|
Totalisator Agency Board Betting Act Amendment Act
(No. 2) 1962 |
39 of 1962 |
29 Oct 1962 |
29 Oct 1962 |
|
Totalisator Agency Board Betting Act Amendment
Act 1963 |
26 of 1963 |
13 Nov 1963 |
13 Nov 1963 |
|
Totalisator Agency Board Betting Act Amendment Act
(No. 4) 1963 |
51 of 1963 |
17 Dec 1963 |
1 Jan 1964 (see s. 2) |
|
Totalisator Agency Board Betting Act Amendment
Act 1966 |
28 of 1966 |
27 Oct 1966 |
s. 1, 2 and 5: 1 Aug 1966 (see
s. 2(1)); |
|
Reprint of the Totalisator Agency Board Betting
Act 1960 approved 9 Apr 1968 in Vol. 22 of Reprinted
Acts(includes amendments listed above) |
|||
|
Acts Amendment (Commissioner of State Taxation)
Act 1970 Pt. XI |
21 of 1970 |
8 May 1970 |
1 Jul 1970 (see s. 2 and Gazette
26 Jun 1970 p. 1831) |
|
Totalisator Agency Board Betting Act Amendment
Act 1970 |
65 of 1970 |
17 Nov 1970 |
17 Nov 1970 |
|
46 of 1972 |
18 Sep 1972 |
1 Nov 1972 (see s. 2 and Gazette
13 Oct 1972 p. 4069) |
|
|
Totalisator Agency Board Betting Act Amendment Act
(No. 2) 1972 |
87 of 1972 |
20 Nov 1972 |
1 Aug 1973 (see s. 2 and Gazette
15 Jun 1973 p. 2216) |
|
Totalisator Agency Board Betting Act Amendment
Act (No. 3) 1972 |
103 of 1972 |
6 Dec 1972 |
6 Dec 1972 |
|
Totalisator Agency Board Betting Act Amendment
Act 1973 |
64 of 1973 |
28 Nov 1973 |
11 Aug 1978 (see s. 2 and Gazette
11 Aug 1978 p. 2859) |
|
Reprint of the Totalisator Agency Board Betting
Act 1960 approved 22 Jan 1979 |
|||
|
Totalisator Agency Board Betting Amendment
Act 1985 |
48 of 1985 |
16 Oct 1985 |
13 Nov 1985 |
|
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 Service) Act 1987
s. 32 |
113 of 1987 |
31 Dec 1987 |
16 Mar 1988 (see s. 2 and Gazette
16 Mar 1988 p. 813) |
|
Acts Amendment (Totalisator Agency Board Betting)
Act 1987 Pt. II
|
125 of 1987 |
31 Dec 1987 |
s. 3-5 and 12-32: 25 Mar 1988 (see s. 2 and
Gazette 25 Mar 1988
p. 933); |
|
Acts Amendment (Racing Industry) Act 1988
Pt. 3 5 |
66 of 1988 |
22 Dec 1988 |
s. 11 and 18: 1 Aug 1988 (see
s. 2(1)); |
|
Acts Amendment (Accountability) Act 1989
Pt. 7 |
5 of 1989 |
26 Apr 1989 |
1 Jul 1989 (see s. 2 and Gazette
30 Jun 1989 p. 1893) |
|
46 of 1990 |
26 Nov 1990 |
15 Apr 1991 (see s. 2 and Gazette
12 Apr 1991 p. 1597) |
|
|
Totalisator Agency Board Betting Amendment Act 1990
6 |
94 of 1990 |
22 Dec 1990 |
s. 5(b) and (c): 22 Dec 1990 (see s. 2(2));
|
|
Reprint of the Totalisator Agency Board Betting
Act 1960 as at 27 Sep 1991 |
|||
|
Acts Amendment and Repeal (Betting) Act 1992
Pt. 2 |
11 of 1992 |
16 Jun 1992 |
31 Jul 1992 (see s. 2(1) and Gazette
31 Jul 1992 p. 3735) |
|
Financial Administration Legislation Amendment
Act 1993 s. 11 |
6 of 1993 |
27 Aug 1993 |
1 Jul 1993 (see s. 2(1)) |
|
Totalisator Agency Board Betting Amendment
Act 1994 |
24 of 1994 |
23 Jun 1994 |
23 Jun 1994 (see s. 2) |
|
Acts Amendment (Public Sector Management)
|
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette
30 Sep 1994 p. 4948) |
|
Statutes (Repeals and Minor Amendments) Act 1994
s. 4 |
73 of 1994 |
9 Dec 1994 |
9 Dec 1994 (see s. 2) |
|
Acts Amendment (Racing and Betting Legislation)
Act 1995 Pt. 2 |
63 of 1995 |
27 Dec 1995 |
28 Jun 1996 (see s. 2 and Gazette
25 Jun 1996 p. 2901) |
|
Statutory Corporations (Liability of Directors)
Act 1996 s. 3 |
41 of 1996 |
10 Oct 1996 |
1 Dec 1996 (see s. 2 and Gazette
12 Nov 1996 p. 6301) |
|
Financial Legislation Amendment Act 1996
s. 64 |
49 of 1996 |
25 Oct 1996 |
25 Oct 1996 (see s. 2(1)) |
|
Reprint of the Totalisator Agency Board Betting
Act 1960 as at 2 Dec 1996 |
|||
|
Statutes (Repeals and Minor Amendments) Act (No. 2)
1998 s. 67 7 |
10 of 1998 |
30 Apr 1998 |
30 Apr 1998
(see s. 2(1)) |
|
Western Australian Greyhound Racing Association Amendment
Act 1998 s. 20 |
23 of 1998 |
30 Jun 1998 |
1 Aug 1998 (see s. 3 and Gazette
21 Jul 1998 p. 3825) |
|
Acts Amendment (Fixed Odds Betting) Act 1999
Pt. 2 8 |
40 of 1999 (as amended by No. 74 of 2003
s. 22) |
16 Nov 1999 |
15 Jan 2000 (see s. 2 and Gazette
14 Jan 2000 p. 153) |
|
10 of 2001 |
28 Jun 2001 |
15 Jul 2001 (see s. 2 and Gazette
29 Jun 2001 p. 3257 and Cwlth Gazette 13 Jul 2001
No. S285) |
|
|
Betting Legislation Amendment Act 2002
Pt. 3 2 |
13 of 2002 |
8 Jul 2002 |
21 Sep 2002 (see s. 2 and Gazette
20 Sep 2002 p. 4693) |
|
Reprint of the Totalisator Agency Board Betting
Act 1960 as at
8 Nov 2002 |
|||
|
Racing and Gambling Legislation Amendment and Repeal Act
2003 Pt. 4 Div. 1 (s. 25-31), s. 32 10,
11 |
35 of 2003 |
26 Jun 2003 |
Pt. 4 Div. 1 (s. 25-31): 1 Aug 2003
(see s. 2 and Gazette 29 Jul 2003
p. 3259); |
|
Business Tax Review (Assessment) Act
(No. 2) 2003 s. 96 |
66 of 2003 |
5 Dec 2003 |
1 Jan 2004 (see s.2(1) and Gazette 30 Dec
2003 p. 5721) |
|
Statutes (Repeals and Minor Amendments) Act 2003
s. 118 12 |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
This Act was repealed by the Racing and Gambling
Legislation Amendment and Repeal Act 2003 s. 32 (No. 35 of 2003) as at 30
Jan 2004 (see s. 2 and Gazette 30 Jan 2004
p. 397) |
|||
2 The Betting Legislation Amendment Act 2002
s. 33 reads as follows:
“
33. Validation of acts of manager
(1) In this section —
“Board” means the governing body of the TAB provided
for in section 6 of the Totalisator Agency Board Betting
Act 1960;
“manager” means the person appointed a manager under
section 16(1) of the Totalisator Agency Board Betting
Act 1960;
“relevant period” means the period commencing on the
day on which Part 2 of the Acts Amendment (Racing and Betting
Legislation) Act 1995 came into operation and ending on the day on
which section 31 of the Betting Legislation Amendment Act 2002
comes into operation;
“the TAB” has the same meaning as in section 3 of
the Totalisator Agency Board Betting Act 1960.
(2) Anything done during the relevant period by the manager of the TAB
purportedly under a delegation of a function by the Board to the manager under
section 13(1) of the Totalisator Agency Board Betting Act 1960
that would have been validly done had section 31 of the Betting
Legislation Amendment Act 2002 come into operation before the relevant
period is to be regarded as having been validly done and to have always been
done effectually in all respects.
”.
3 Pt. 3 commenced 15 Jan 2000.
4 Repealed by the Associations Incorporation
Act 1987.
5 The Acts Amendment (Racing Industry) Act 1988 Pt.
7 reads as follows:
“
Part 7 — Transitional
28. Refunds
The Commissioner of State Taxation appointed under the Public Service
Act 1978 shall —
(a) refund to the Board any amount of Totalisator Agency Board betting tax
paid to the Commissioner on moneys received by the Board on or after
1 August 1988 and before the coming into operation of this section
that is in excess of the amount required to be paid under section 25 of the
Totalisator Agency Board Betting Act 1960 and section 2 of the
Totalisator Agency Board Betting Tax Act 1960 as amended by this
Act; and
(b) refund to a racing club any amount of duty paid by that racing club to
the Commissioner under section 3(4) of the Totalisator Duty
Act 1905 upon the gross takings of a totalisator taken on or after
1 August 1988.
”.
6 The Totalisator Agency Board Betting Amendment
Act 1990 s. 4(2), (3) and (4) read as follows:
“
(2) Any moneys standing to the credit of the account maintained
under section 26 of the principal Act immediately before the coming into
operation of this section may be used by the Totalisator Agency Board for
carrying out the matters referred to in section 17 of the principal Act or
generally for the conduct of the operation of the Board under the principal
Act.
(3) The following actions taken by the Totalisator Agency Board before the
coming into operation of this section are deemed to have always been valid and
effective —
(a) the payment of moneys received by the Board from the sale of any
property of the Board into the account maintained under section 26 of the
principal Act;
(b) the use of moneys in the account maintained under section 26 of
the principal Act for the purchase of shares in any corporation or business
undertaking to facilitate the dissemination and publication of information
relating to races, dividends and the operation of the Board.
(4) Notwithstanding its terms, subsection (3) shall not relieve any
person from any civil liability arising from any duty owed to the Board or under
any written law or any criminal liability that he or she would otherwise have
had, had it not been for the enactment of that subsection in respect of any act
or omission which occurred prior to the coming into operation of this
Act.
”.
7 The amendments in the Sentencing (Consequential Provisions)
Act 1995 Pt. 77 and Pt. 88 (item relating to the Totalisator
Agency Board Betting Act 1960) and the Statutes (Repeals and Minor
Amendments) Act (No. 2) 1998 s. 64(3) and (4) (that amends the
Sentencing (Consequential Provisions) Act 1995) had no effect because the
provisions to be amended were repealed by the Acts Amendment (Racing and
Betting Legislation) Act 1995 s. 27 before the amendments purported to
come into operation.
8 The amendment in the Acts Amendment (Fixed Odds Betting)
Act 1999 s. 23(2) (as amended by No. 74 of 2003 s. 22) is not
included because the section it sought to amend had been replaced by No. 35
of 2003 s. 30.
9 The Totalisator Agency Board Betting Act 1960 is
to be read as if it were amended by the Totalisator Agency Board Betting
(Modification of Operation) Act 2000 (as amended by the Totalisator
Agency Board (Modification of Operation) Amendment Act 2002)which
expires 31 July 2003. Sections 3-8 read as follows:
“
3. Modification of Act
The Totalisator Agency Board Betting Act 1960 is to be read as if
it were amended as set out in this Act.
4. Section 3 amended
Section 3 is amended by inserting the following definition in the
appropriate alphabetical position —
“
“Metropolitan Area” means the part of the
State that comprises the region described in the Third Schedule to the
Metropolitan Region Town Planning Scheme Act 1959;
”.
5. Section 27B amended
(1) Section 27B is amended as follows:
(a) by inserting before “The TAB” the subsection designation
“(1)”;
(b) by deleting paragraphs (f), (g) and (h) and inserting the
following paragraphs instead —
“
(f) in the case of money generated from horse or greyhound
races — to one or more of the following, if and as directed by the
Minister in writing —
(i) the Club;
(ii) the Association;
(iii) the Fremantle Trotting Club;
(iv) WAGRA; or
(v) the racing clubs registered with the Club or the Association and
conducting races outside the Metropolitan Area;
(g) in the case of money generated from betting on events (including
sporting events referred to in section 24) and unclaimed winnings and
refunds under section 24C(c) — into the TAB Sports Betting
Account.
”.
(2) At the end of section 27B the following subsections are
inserted —
“
(2) Money paid because of a direction under subsection (1)(f) can
only be used for a purpose prescribed in the regulations.
(3) In a direction given under subsection (1)(f), the
Minister —
(a) is to set out the amount or each amount that is to be paid and to whom
it is to be paid;
(b) is to set out the manner in which the amount or each amount is to be
paid; and
(c) may determine what conditions are to be imposed on the payment and use
of the amount or each amount.
”.
6. Section 28 amended
(1) Section 28(1) is amended as follows:
(a) in paragraph (d) by deleting the semicolon and inserting instead
a comma;
(b) by deleting paragraph (e).
(2) Section 28(2) and (3) are repealed and the following subsections
are inserted instead —
“
(2) Each time an amount is paid from the balance referred to in
subsection (1), the TAB must pay —
(a) the Club — 55.26% of that amount;
(b) the Association — 29.76% of that amount; and
(c) WAGRA — 14.98% of that amount.
(3) For each racing year commencing on or after 1 August 2000,
the TAB must —
(a) if the total balance payable under subsection (1) for the racing
year is less than or equal to the prescribed maximum — pay all of
those funds under subsection (2); and
(b) if the total balance payable under subsection (1) for the racing
year is greater than the prescribed maximum — pay the prescribed
maximum of those funds under subsection (2) and the remainder of those
funds to one or more of the following, if and as directed by the Minister in
writing —
(i) the Club;
(ii) the Association;
(iii) the Fremantle Trotting Club;
(iv) WAGRA; or
(v) the racing clubs registered with the Club or the Association and
conducting races outside the Metropolitan Area.
(3a) In subsection (3) —
“prescribed maximum” means $50 000 000, or
such greater amount as is prescribed;
“total balance payable under subsection (1)”
means the total of the funds payable under subsection (1) (after making the
payments required by subsection (1)(a), (b), (c) and (d)).
”.
(3) Section 28(4) and (5) are amended by deleting “or
section 27B(1)(f)”.
(4) Section 28(5) is amended by deleting “pursuant to
subsection (3)” and inserting instead —
“ pursuant to subsection (2) ”.
(5) Section 28(6) is repealed and the following subsections are
inserted instead —
“
(6) Money paid because of a direction under subsection (3)(b) can
only be used for a purpose prescribed in the regulations.
(6a) In a direction given under subsection (3)(b), the
Minister —
(a) is to set out the amount or each amount that is to be paid and to whom
it is to be paid;
(b) is to set out the manner in which the amount or each amount is to be
paid; and
(c) may determine what conditions are to be imposed on the payment and use
of the amount or each amount.
”.
(6) Section 28(7) is amended by deleting “this section”
and inserting instead —
“ subsection (2) ”.
(7) After section 28(7) the following subsection is
inserted —
“
(8) If an amount that is paid into a reserve account under
subsection (1)(d) is withdrawn for a purpose other than a purpose set out
in paragraphs (b) to (f) of section 26(1) that
amount —
(a) is to be paid under subsection (2); and
(b) is, for the purposes of subsection (3) and for the racing year in
which it is paid, taken to be part of the total balance payable under
subsection (1) for the racing year.
”.
7. Transitional
(1) Despite subsections (1), (2), (3) and (3a) of section 28 of
the principal Act as in force at any time during the racing year commencing on
1 August 2000, the TAB must, after the commencement of this Act, make
payments to the Club, the Association or WAGRA of amounts (including nil
amounts) calculated so as to produce, by 31 July 2001, the
distribution of funds that would have resulted under those
subsections (apart from directions made under section 28(3)(b) of the
principal Act) had this Act commenced on 1 August 2000.
(2) For the purposes of giving effect to subsection (1), the
TAB —
(a) may use funds paid into the reserve accounts referred to in
section 28(1)(d) of the principal Act; but
(b) may not require a refund of an amount paid under
section 28(1)(e), (2) or (3) of the principal Act as in force before the
commencement of this Act.
(3) During the period ending immediately before 1 August 2001,
regulations made under the principal Act may require the TAB to use a specified
amount of the funds paid into the reserve accounts referred to in
section 28(1)(d) of the principal Act to make payments to one or more
of —
(a) the Club;
(b) the Association;
(c) the Fremantle Trotting Club;
(d) WAGRA; or
(e) the racing clubs registered with the Club or the Association and
conducting races outside the Metropolitan Area,
as specified in a direction of the Minister (including as to the
recipients, the amounts and the manner of payment).
(4) Regulations made for the purposes of subsection (3) and
directions of the Minister under that subsection have effect despite anything in
the principal Act.
(5) In this section —
“principal Act” means the Totalisator Agency Board
Betting Act 1960;
and other words and expressions in this section have the same respective
meanings as they have in the principal Act.
8. Expiry of this Act
(1) This Act expires at the end of 31 July 2003.
(2) Without limiting section 37 of the Interpretation Act 1984, the
expiry of this Act does not affect any payment made or to be made as a
consequence of the Totalisator Agency Board Betting Act 1960 as
modified by this Act.
[Section 8 amended by No. 12 of 2002 s. 5.]
”.
10 The Racing and Gambling Legislation Amendment and Repeal
Act 2003 s. 3, Pt. 2 and s. 19 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 Actimmediately 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.
”.
11 TheRacing and Gambling Legislation Amendment and Repeal
Act 2003 Pt. 4 Div. 3 reads as follows:
“
Division 3 — Transitional and savings
provisions
Subdivision 1 — Preliminary
34. Intention
The intention of the provisions of this Division is that RWWA will, in
accordance with these provisions, stand in place of and be the successor to the
TAB.
35. Definitions
In this Part, unless the contrary intention appears —
“TAB” means the Totalisator Agency Board established by
the TABB Act;
“TABB Act” means the Totalisator Agency Board
Betting Act 1960.
36. Application of Interpretation Act 1984
(1) The provisions of the Interpretation Act 1984 about the
repeal of written laws and the substitution of other written laws for those so
repealed (for example, sections 16(1), 36 and 38) apply to the repeal of
the TABB Act in relation to that Act as if the RWWA Act repealed the TABB
Act.
(2) The provisions of this Division are additional to the provisions
applied by subsection (1).
Subdivision 2 — Devolution of the
TAB’s assets and liabilities
37. Transfer of assets and liabilities to RWWA
On and after the appointed day —
(a) the assets and rights of the TAB vest in RWWA by force of this
section;
(b) the liabilities of the TAB (including a share of a liability) become,
by force of this section, the liabilities of RWWA;
(c) any agreement or instrument relating to the assets, rights and
liabilities referred to in paragraphs (a) and (b) has effect, by force of
this section, as if RWWA were substituted for the TAB in the agreement or
instrument;
(d) RWWA is a party to any proceedings by or against the TAB commenced
before the appointed day;
(e) any proceeding or remedy that might have been commenced by or
available against or to the TAB in relation to the assets, rights and
liabilities referred to in paragraphs (a) and (b), may be commenced and are
available, by or against or to RWWA;
(f) any act, matter or thing done or omitted to be done in relation to the
assets, rights and liabilities referred to in paragraphs (a) and (b) before
the appointed day by, to or in respect of the TAB (to the extent that that act,
matter or thing has any force or effect) is to be taken to have been done or
omitted by, to or in respect of RWWA;
(g) the TAB is to deliver to RWWA all registers, papers, documents,
minutes, receipts, books of account and other records (however compiled,
recorded or stored) relating to —
(i) the assets, rights and liabilities referred to in paragraphs (a)
and (b); and
(ii) proceedings referred to in paragraph (d).
38. Guarantees in respect of the TAB
(1) A guarantee under section 19 of the TABB Act as in force
immediately before the appointed day is not affected by any provision of this
Act, including without limitation the transfer of any liability of the TAB under
section 37 to RWWA.
(2) Any guarantee referred to in subsection (1) is to continue in
force and is to be read and construed, on and from commencement day as if it
were a guarantee of the liabilities of RWWA which have been vested or assumed in
or by it.
(3) The Treasurer may enter into any instrument confirming the continued
liability of the State under a guarantee referred to in
subsection (1).
(4) By virtue of this subsection, any sum paid by the Treasurer under a
guarantee referred to in subsection (1) constitutes a charge on the assets
of RWWA.
39. Exemption from State taxation
(1) In this section —
“State tax” includes stamp duty chargeable under the
Stamp Act 1921 and any other tax, duty, fee, levy or charge under a
law of the State.
(2) State tax is not payable in relation to —
(a) anything that occurs by the operation of this Division; or
(b) anything done (including a transaction entered into or an instrument
or document of any kind made, executed, lodged or given) under this Division, or
to give effect to this Division, or for a purpose connected with or arising out
of, giving effect to this Division.
(3) The Treasurer or a person authorised by the Treasurer may, on request
by RWWA, certify in writing that —
(a) a specified thing occurred by the operation of this Division;
or
(b) a specified thing was done under this Division, or to give effect to
this Division, or for a purpose connected with or arising out of giving effect
to this Division.
(4) For all purposes and in all proceedings, a certificate under
subsection (3) is conclusive evidence of the matters it certifies, except
so far as the contrary is shown.
40. Registration of documents
(1) The relevant officials are to take notice of the provisions of this
Division and are empowered to record and register in the appropriate manner the
documents necessary to give effect to this Division.
(2) Without limiting subsection (1), a statement in an instrument
executed by RWWA that any estate or interest in land or other property has
become vested in it is evidence of that fact.
(3) In subsection (1) —
“relevant officials” means the Registrar of Titles, the
Registrar of Deeds, the Minister administering the Land Administration
Act 1997 and any other person authorised by a written law to record and
give effect to the registration of documents relating to transactions affecting
any estate or interest in land or any other property.
41. Saving
The operation of section 37 is not to be regarded —
(a) as a breach of contract or confidence or otherwise as a civil
wrong;
(b) as a breach of any contractual provision prohibiting, restricting or
regulating the assignment or transfer of assets, rights or liabilities or the
disclosure of information;
(c) as giving rise to any remedy by a party to an instrument or as causing
or permitting the termination of any instrument, because of a change in the
beneficial or legal ownership of any assets, right or liability;
(d) as causing any contract or instrument to be void or otherwise
unenforceable; or
(e) as releasing or allowing the release of any surety.
Subdivision 3 — Staff
42. Transition of employment
(1) Any person who was in the employment of the TAB immediately before the
appointed day continues, under and subject to the RWWA Act, as a member of staff
of RWWA.
(2) Except as otherwise agreed by a member of staff, the remuneration,
existing or accrued rights, rights under a superannuation scheme or continuity
of service of a member of staff of RWWA are not affected, prejudiced or
interrupted by —
(a) the operation of subsection (1); or
(b) the TAB ceasing to be a non-SES organisation under the Public
Sector Management Act 1994.
(3) A person mentioned in subsection (1) is to be regarded as an
employee of an organisation for the purposes of Part 6 of the Public Sector
Management Act 1994, and RWWA is to be regarded as the employing
authority for the purposes of that Part.
(4) A person mentioned in subsection (1) who elects in writing to the
Minister to be registered under Part 4 of the Public Sector Management
(Redeployment and Redundancy) Regulations 1994 is to be registered
under that Part.
(5) Subsections (3) and (4) cease to apply at the expiration of
2 years after the appointed day.
(6) A person mentioned in subsection (1) is to be regarded as having
been engaged under section 22 of the RWWA Act.
Subdivision 4 — General transitional
provisions
43. Annual report for part of a year
The accountable authority, as defined in the Financial Administration
and Audit Act 1985, of the TAB is to report in respect of that body as
required by section 66 of that Act, but limited to the period from the
preceding 1 August to the appointed day, and Division 14 of Part II of
that Act applies as if that period were a full financial year.
44. Completion of things commenced
Anything commenced to be done by the TAB under the TABB Act before the
appointed day may be continued by RWWA so far as the doing of that thing is
within the functions of RWWA after the appointed day.
45. Continuing effect of things done
Any act, matter or thing done or omitted to be done before the appointed
day by, to or in respect of the TAB, to the extent that that act, matter or
thing —
(a) has any force; and
(b) is not governed by section 37(f),
is to be taken to have been done or omitted by, to or in respect of RWWA
so far as the act, matter or thing is relevant to RWWA.
46. Immunity to continue
Despite the RWWA Act, where the TAB had the benefit of any immunity in
respect of an act, matter or thing done or omitted before the appointed day,
that immunity continues in that respect for the benefit of RWWA.
47. Agreements and instruments generally
(1) This section applies to any agreement or instrument subsisting
immediately before the appointed day that does not come within the provisions of
section 37(c).
(2) Any agreement or instrument to which this section applies —
(a) to which the TAB was a party; or
(b) which contains a reference to the TAB,
has effect after the appointed day as if —
(c) RWWA were substituted for the TAB as a party to the agreement or
instrument; and
(d) any reference in the agreement or instrument to the TAB were (unless
the context otherwise requires) a reference to RWWA.
48. Rules and regulations — continuation and
expiry
(1) Subject to subsection (6), rules made by the TAB under the TABB
Act that were in force immediately before the appointed day continue in force
with such changes as are necessary on and after the appointed day as if they
were rules of wagering made under section 120 of the RWWA Act.
(2) Subsection (1) does not continue the operation of any rule that
could not be made as a rule of wagering under section 120 of the RWWA Act
or a regulation under section 121 of the RWWA Act.
(3) Subject to subsection (6), regulations made under the TABB Act or
continued under section 57(4) of the TABB Act that were in force
immediately before the appointed day continue in force with such changes as are
necessary on and after the appointed day as if they were regulations made under
section 121 of the RWWA Act.
(4) Subsection (3) does not continue the operation of any regulation
that could not be made as a rule of wagering under section 120 of the RWWA
Act or a regulation under section 121 of the RWWA Act.
(5) A reference in the RWWA Act to the rules of wagering or regulations
includes a reference to the rules or regulations in force under this
section.
(6) The rules and regulations continued in force under
subsections (1) and (3) expire 12 months after the appointed day,
or on a day fixed by order of the Minister published in the Gazette,
whichever is the earlier day.
49. TAB to perform necessary transitional functions
(1) Despite the repeal of the TABB Act by section 32 of this Act, the
TAB continues in existence for the purpose of —
(a) reporting as required by section 43; and
(b) performing the functions described in section 37(g).
(2) The accountable authority, as defined in the Financial
Administration and Audit Act 1985, also continues in existence for the
purpose described in subsection (1)(a).
”.
12 The amendments in the Statutes (Repeals and Minor
Amendments) Act 2003 s. 118(2) and (3) are not included because
the section it sought to amend had been replaced before the amendment purported
to come into operation.
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)
approved 24(3),
27A(4)
Association 3
bank 18(6)
Betting Control
Board 3
chairperson 3
Club 3
corporation 27(3),
27A(4)
document 19AS(5)
fixed odds
bet 3
function 3
information 19AS(5)
latest draft
plan 19AF(2)
latest draft statement 19AO(2)
member 3
novelty
bet 3
perform 3
public servant 3
race 3
race course 3
race
meeting 3
racing club 3
racing year 3
RWWA 3
RWWA 3
Sports
Betting Promotion Account 3
the Board 3
the
TAB 3
totalisator 3
totalisator agency 3
Totalisator Agency Board
Sports Betting Account 3
totalisator ticket 3
WAGRA 3