Western Australian Numbered Acts

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RACING AND WAGERING WESTERN AUSTRALIA ACT 2003 (NO. 36 OF 2003)


TABLE OF PROVISIONS

           Long Title
           Preamble

   PART 1 -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Definitions  

   PART 2 -- Racing and Wagering Western Australia  

           Division 1 -- Establishment  

   4.      Racing and Wagering Western Australia established  
   5.      RWWA not an agent of the Crown  
   6.      RWWA and officers not part of public sector  

           Division 2 -- Board of directors  

   7.      Board of directors  
   8.      How the board of directors is constituted  
   9.      Nomination and selection procedure  
   10.     Certain persons not eligible to be a director or a member of a selection panel  
   11.     Selection panel  
   12.     Eligible bodies  
   13.     Failure to nominate, appoint or resign office  
   14.     Licensing of directors  
   15.     Certain provisions about the board of directors  
   16.     Committees  
   17.     Remuneration and allowances  
   18.     Conflict of duties  
   19.     Disclosure of material personal interests  

           Division 3 -- Staff  

   20.     Chief executive officer  
   21.     Role of CEO  
   22.     Staff  
   23.     Superannuation  

           Division 4 -- Conduct and integrity of staff  

   24.     Licensing of key employees  
   25.     Duties of CEO and staff  

   PART 3 -- Functions of RWWA  

           Division 1 -- General provisions  

   26.     General functions  
   27.     RWWA can act at its discretion  
   28.     Duty to observe policy instruments  
   29.     Duty to act on commercial principles  

           Division 2 -- General powers and related provisions  

   30.     Powers generally  
   31.     Use of names for RWWA and its operations  
   32.     Subsidiaries  
   33.     Delegation  

   PART 4 -- Specialised functions in relation to racing  

           Division 1 -- General  

   34.     Interpretation  
   35.     Functions in relation to racing in general  
   36.     Thoroughbred racing  
   37.     Harness racing  
   38.     Greyhound racing  
   39.     Licensing of racecourses, race meetings, races and tracks  
   40.     Registration of racing clubs  
   41.     Registration of horses and greyhounds  
   42.     Licensing of owners, trainers, jockeys, drivers and associated persons  
   43.     Directions by RWWA  
   44.     Other disciplinary action that may be taken by RWWA  
   45.     Rules of racing  
   46.     Production of racing club records to RWWA  
   47.     Integrity Assurance Committee  
   48.     Constitution of IAC  
   49.     Functions of IAC  

   PART 5 -- Specialised functions in relation to gambling  

           Division 1 -- General  

   50.     Functions of RWWA in relation to gambling  
   51.     Establishment of offices and agencies  
   52.     Commission may direct RWWA not to establish agency  
   53.     Payments to Commission  

           Division 2 -- Conduct of wagering  

   54.     RWWA may conduct wagering  
   55.     Totalisator and fixed odds wagers authorised  
   56.     Wagering on RWWA totalisator or with RWWA is not an offence  
   57.     RWWA not precluded from not accepting, or from refunding, wagers  

           Division 3 -- Totalisator wagering  

   58.     Wagers transmitted from racing club to RWWA  
   59.     Combined totalisator pool schemes  
   60.     Payment of refunds and dividends by RWWA  

           Division 4 -- Fixed odds wagering  

   61.     Fixed odds wagering arrangements with other persons  
   62.     Payment of fixed odds winning by RWWA  

           Division 5 -- Miscellaneous  

   63.     Provisions relating to wagers through RWWA  
   64.     Wagering accounts  
   65.     Minimum amount of a wager  

   PART 6 -- Accountability  

           Division 1 -- Strategic development plans  

   66.     Draft strategic development plan to be submitted to Minister  
   67.     Period to which strategic development plan relates  
   68.     Matters to be included in strategic development plan  
   69.     Strategic development plan to be agreed if possible  
   70.     Minister’s powers in relation to draft strategic development plan  
   71.     Strategic development plan pending agreement  
   72.     Minister’s agreement to draft strategic development plan  
   73.     Modifications of strategic development plan  
   74.     Concurrence of Treasurer  

           Division 2 -- Statement of corporate intent  

   75.     Statement of corporate intent to be submitted to Minister  
   76.     Period to which statement of corporate intent relates  
   77.     Matters to be included in statement of corporate intent  
   78.     Minister may request revision of statement of corporate intent  
   79.     Statement of corporate intent laid before Parliament  
   80.     Modifications of statement of corporate intent  

           Division 3 -- Directions, consultation and provision of information  

   81.     Directions to RWWA  
   82.     Consultation  
   83.     Minister to have access to information  
   84.     Minister to be kept informed  
   85.     Notice of financial difficulty  
   86.     RWWA records  

           Division 4 -- Protection from liability  

   87.     Protection for disclosure  

   PART 7 -- Financial provisions  

           Division 1 -- General  

   88.     Bank account  
   89.     Investment  
   90.     Reserve accounts  
   91.     Payment of outgoings and expenses  

           Division 2 -- Loans and grants  

   92.     RWWA may lend or grant money to racing clubs and allied bodies  
   93.     Terms and conditions of loan  
   94.     Failure to comply with terms and conditions  
   95.     Application and security for loan or grant  
   96.     Club or allied body may make representations to board  

           Division 3 -- Borrowing  

   97.     Borrowing  
   98.     Borrowing restrictions  
   99.     Hedging transactions  

           Division 4 -- Guarantees  

   100.    Guarantees  
   101.    Charges for guarantee  
   102.    RWWA wagering tax  
   103.    Supplementary pool schemes  
   104.    Unclaimed dividends, fixed odds winnings and refunds  
   105.    Allocation of RWWA’s funds before 1 August 2006  
   106.    Allocation of RWWA’s funds after 31 July 2006  
   107.    Allocation of RWWA’s funds in respect of sporting events  
   108.    Application of Financial Administration and Audit Act 1985  

   PART 8 -- Miscellaneous  

           Division 1 -- Protection of people dealing with RWWA  

   109.    People dealing with RWWA may make assumptions  
   110.    Third parties may make assumptions  
   111.    Things that can be assumed  
   112.    When those things cannot be assumed  

           Division 2 -- Other provisions  

   113.    Entry and inspection of premises  
   114.    Commissioner of State Revenue may enter and inspect RWWA premises  
   115.    Miscellaneous offences  
   116.    Immunity from certain claims  
   117.    Laying documents before House of Parliament that is not sitting  
   118.    Execution of documents by RWWA  
   119.    Contract formalities  
   120.    Rules of wagering  
   121.    Regulations  
   122.     Review of Act  
           SCHEDULE 1 -- Provisions about the constitution and proceedings of RWWA’s board of directors  
           SCHEDULE 2 -- Provisions about CEO and staff  
           SCHEDULE 3 -- Provisions to be included in constitution of subsidiaries  
           

[Assented to 26 June 2003]



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