Betting Control Act 1954 (WA)

Western Australia Betting Control Act 1954 Western Australia Betting Control Act 1954 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 4. Terms used 1 4AA. Term used: betting exchange 1 4A. Application of this Act to certain sporting events other than races 1 4B. Application of this Act to events 1 5. Legalisation of betting 1 5A. Communication and broadcasting of information 1 5C. Betting on simulated races 1 Part 1A — Wagering licences Division 1 — General 6. Wagering licence and wagering licensee 1 7. Associates 1 8. Key employees 1 9. Determinations of good repute and public interest 1 Division 2 — Applications for and grant of wagering licences 10. Application for wagering licence 1 10A. Grant of wagering licence 1 10B. Fee for wagering licence 1 10C. Duration of wagering licence 1 10D. Wagering licence may authorise preparatory action 1 10E. Transfer of wagering licence 1 10F. No proprietary right in wagering licence 1 Division 3 — Conditions of wagering licences 10G. Financial assurance 1 10H. Racing industry arrangement 1 10I. Consumer protection policy 1 10J. General provisions relating to bets with wagering licensee 1 Division 4 — Disciplinary and other actions concerning wagering licences 10K. Commission may take or recommend disciplinary action 1 10L. Minister's power to amend, suspend or cancel wagering licence 1 10M. Suspension of wagering licence 1 10N. Surrender of wagering licence 1 10O. Appointment of temporary licensee if wagering licence suspended, cancelled, surrendered 1 10P. Directions necessary for transitioning to new wagering licence 1 Division 5 — Miscellaneous 10Q. Wagering licence agreements 1 10R. Minister may amend wagering licence on request 1 10S. Combined totalisator pool and fixed odds schemes 1 10T. Engaging contractors and appointing agents to assist wagering licensee 1 10U. Betting agencies 1 10V. Directions relating to betting agencies 1 10W. Wagering licensee to give notice to Commission about certain matters 1 10X. Approval of associates of wagering licensee 1 10Y. Commission may give directions to wagering licensee in relation to wagering business 1 10Z. Disclosure of certain information authorised 1 10ZA. Amount deducted as commission by wagering licensee 1 10ZB. Unclaimed moneys 1 10ZC. Authorisation for Competition and Consumer Act 2010 (Cth) and Competition Code 1 10ZD. Confidential police information 1 Part 2 — Other licences, approvals and permits 11. Licences and approvals relating to bookmaking 1 11A. Bookmaker's licence — natural person 1 11B. Bookmaker's licence — partnership 1 11C. Bookmaker's licences — body corporate 1 11D. Licences — manager or employee 1 11E. Security 1 11F. Notification of Commission in relation to licensed manager 1 11G. Offences 1 12. Bookmaking on racecourses 1 12A. Temporary bookmakers' employees' licences 1 13. Bookmakers' annual licence fee 1 Part 3 — Levies and totalisators 14. Bets transmitted from racing club to wagering licensee 1 14A. Betting operators' liability to lodge returns and to pay racing bets levy 1 14B. CEO may assess racing bets levy in certain circumstances 1 14C. Review of levy assessments 1 14D. CEO may recover unpaid racing bets levy and other costs 1 16A. Books of account, records etc. 1 17. Effect on annual licence fee of not being entitled to receive or retain consideration 1 17A. Annual licence fee in respect of totalisators 1 17B. Use of the totalisator by racing clubs 1 17C. Making of bets on designated sporting events not authorised 1 17D. Commission may authorise possession and operation of a totalisator by a racing club 1 17E. Percentage of off course bets to belong to RWWA 1 17EA. Management of fixed odds — prescribed margin 1 17F. Percentage of bets to belong to racing club 1 18B. Assessment of annual licence fee 1 Part 4 — Enforcement and offences 19A. Commission may recover unpaid money in respect of annual licence fee 1 20. Entry and inspection of racecourses and certain other premises 1 20A. Powers of Commission representative 1 20B. Requirement to provide information 1 20C. Complying with information requirements 1 21. Prohibition of betting with minors, intoxicated persons, etc. 1 22. Offences by minors 1 22A. Prohibition on assisting minors to bet 1 23. Prohibition of betting unless in accordance with this Act 1 24. Unlawful betting 1 25. Bookmakers may be ordered not to bet 1 26. Loitering in street or public place 1 26A. Removal of persons 1 26B. Penalty for persons warning offenders of approach of member of Police Force 1 26C. Unlawful betting on licensed premises 1 27. Penalty on owner or occupier of premises used for unlawful betting 1 27A. Interstate and offshore betting 1 27D. Publication of WA race fields restricted 1 27E. Confidentiality 1 27F. Authorisation of publication of WA race fields by domestic betting operators 1 27G. Liability of officers for offence by body corporate 1 27H. Liability of individuals, partners, bodies corporate and licensed managers 1 28. Forfeiture of betting material and money in certain cases 1 28A. Search warrant 1 28B. Prima facie evidence of offence 1 28C. Offences in respect of conducting betting agencies 1 28D. Penalty for acting as totalisator agent 1 28E. Penalty for officers of RWWA, and racing clubs and employees of totalisators, accepting instructions as to investments on totalisators 1 28F. Non‑application of sections 28D and 28E 1 28G. Penalty for accepting bets after closing time 1 29. Penalty for providing credit 1 30. General penalty 1 30A. Offences to be dealt with by magistrate 1 31. Conduct of betting 1 31A. Evidence 1 32. Disputes as to bets with bookmakers 1 32A. Disciplinary powers for licensees other than wagering licensee 1 Part 5 — Miscellaneous 32B. Delegation by CEO 1 33. Regulations 1 Part 6 — Transitional provisions for Gambling Legislation Amendment Act 2024 34. Term used: commencement day 1 35. Application of Interpretation Act 1984 1 36. Requirement to lodge monthly return and pay racing bets levy 1 37. Transitional regulations 1 Schedule 3 — Requirements for licensing of a body corporate and continuation of the licence of a body corporate Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Betting Control Act 1954 An Act — • to authorise, regulate and control the use of totalisators and betting with a wagering licensee; and • to authorise, regulate and control, betting and bookmaking on races, events and contingencies relating to races and events; and • for related purposes. [Long title amended: No. 49 of 1960 s. 3; No. 77 of 1976 s. 3; No. 63 of 1995 s. 42; No. 35 of 2003 s. 75; No. 70 of 2006 s. 4; No. 29 of 2009 s. 4; No. 37 of 2018 s. 49; No. 21 of 2019 s. 39.]