Racing and Wagering Western Australia Act 2003 (WA)

Western Australia Racing and Wagering Western Australia Act 2003 Western Australia Racing and Wagering Western Australia Act 2003 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used in this Act 1 Part 2 — Racing and Wagering Western Australia Division 1 — Establishment 4. Racing and Wagering Western Australia established 1 5. RWWA not an agent of the Crown 1 6. RWWA and officers not part of public sector 1 Division 2 — Board of directors 7. Board of directors 1 8. How the board of directors is constituted 1 9. Nomination and selection procedure 1 10. Certain persons not eligible to be a director or a member of a selection panel 1 11. Selection panel 1 12. Eligible bodies 1 13. Failure to nominate, appoint or resign office 1 14. Licensing of directors 1 15. Certain provisions about the board of directors 1 16. Committees 1 17. Remuneration and allowances 1 18. Conflict of duties 1 19. Disclosure of material personal interests 1 Division 3 — Staff 20. Chief executive officer 1 21A. Remuneration of CEO while RWWA is not a Government entity 1 21B. Remuneration of CEO while RWWA is a Government entity 1 21. Role of CEO 1 22. Staff 1 23. Superannuation 1 Division 4 — Conduct and integrity of staff 24. Licensing of key employees 1 25. Duties of CEO and staff 1 Part 3 — Functions of RWWA Division 1 — General provisions 26. General functions 1 27. RWWA can act at its discretion 1 28. Duty to observe policy instruments 1 29. Duty to act on commercial principles 1 Division 2 — General powers and related provisions 30. Powers generally 1 31. Use of names for RWWA and its operations 1 32. Subsidiaries 1 33. Delegation 1 Part 4 — Specialised functions in relation to racing Division 1 — General 34. Terms used in this Part 1 35. Functions in relation to racing in general 1 36. Thoroughbred racing 1 37. Harness racing 1 38. Greyhound racing 1 39. Licensing of racecourses, race meetings, races and tracks 1 40. Registration of racing clubs 1 41. Registration of horses and greyhounds 1 42. Licensing of owners, trainers, jockeys, drivers and associated persons 1 43. Directions by RWWA 1 44. Other disciplinary action that may be taken by RWWA 1 45. Rules of racing 1 46. Production of racing club records to RWWA 1 Division 2 — Integrity Assurance Committee 47. Integrity Assurance Committee 1 48. Constitution of IAC 1 49. Functions of IAC 1 Part 5 — Specialised functions in relation to gambling Division 1 — General 50. Functions of RWWA in relation to gambling 1 51. Establishment of offices and agencies 1 52. Commission may direct RWWA not to establish agency 1 53. Payments to Commission 1 Division 2 — Conduct of wagering 54. RWWA may conduct wagering 1 55. Totalisator and fixed odds wagers authorised 1 56. Wagering on RWWA totalisator or with RWWA is not an offence 1 57. RWWA not precluded from not accepting, or from refunding, wagers 1 Division 3 — Totalisator wagering 58. Wagers transmitted from racing club to RWWA 1 59. Combined totalisator pool schemes 1 60. Payment of refunds and dividends by RWWA 1 Division 4 — Fixed odds wagering 61. Fixed odds wagering arrangements with other persons 1 62. Payment of fixed odds winning by RWWA 1 Division 5 — Miscellaneous 63. Provisions relating to wagers through RWWA 1 64. Wagering accounts 1 65. Minimum amount of a wager 1 Part 6 — Accountability Division 1 — Strategic development plans 66. Draft strategic development plan to be submitted to Minister 1 67. Period to which strategic development plan relates 1 68. Matters to be included in strategic development plan 1 69. Strategic development plan to be agreed if possible 1 70. Minister's powers in relation to draft strategic development plan 1 71. Strategic development plan pending agreement 1 72. Minister's agreement to draft strategic development plan 1 73. Modifications of strategic development plan 1 74. Concurrence of Treasurer 1 Division 2 — Statement of corporate intent 75. Statement of corporate intent to be submitted to Minister 1 76. Period to which statement of corporate intent relates 1 77. Matters to be included in statement of corporate intent 1 78. Minister may request revision of statement of corporate intent 1 79. Statement of corporate intent laid before Parliament 1 80. Modifications of statement of corporate intent 1 Division 3 — Directions, consultation and provision of information 81. Directions to RWWA 1 82. Consultation 1 83. Minister to have access to information 1 84. Minister to be kept informed 1 85. Notice of financial difficulty 1 86. RWWA records 1 Division 4 — Protection from liability 87. Protection for disclosure 1 Part 7 — Financial provisions Division 1 — General 88. Bank account 1 89. Investment 1 90. Reserve accounts 1 91. Payment of outgoings and expenses 1 Division 2 — Loans and grants 92. RWWA may lend or grant money to racing clubs and allied bodies 1 93. Terms and conditions of loan 1 94. Failure to comply with terms and conditions 1 95. Application and security for loan or grant 1 96. Club or allied body may make representations to board 1 Division 3 — Borrowing 97. Borrowing 1 98. Borrowing restrictions 1 99. Hedging transactions 1 Division 4 — Guarantees 100. Guarantees 1 101. Charges for guarantee 1 Division 5 — Financial provisions in relation to wagering 103. Supplementary pool schemes 1 104. Unclaimed dividends, fixed odds winnings and refunds 1 106. Allocation of RWWA's funds after 31 July 2006 1 107A. Distribution of funds from the racing bets levy 1 107B. Allocation and distribution of proportion of funds from betting tax 1 Division 6 — General 108. Application of Financial Management Act 2006 and Auditor General Act 2006 1 Part 8 — Miscellaneous Division 1 — Protection of people dealing with RWWA 109. People dealing with RWWA may make assumptions 1 110. Third parties may make assumptions 1 111. Things that can be assumed 1 112. When those things cannot be assumed 1 Division 2 — Other provisions 113. Entry and inspection of premises 1 115. Miscellaneous offences 1 116. Immunity from certain claims 1 117. Laying documents before House of Parliament that is not sitting 1 118. Execution of documents by RWWA 1 119. Contract formalities 1 120. Rules of wagering 1 121. Regulations 1 122. Review of Act 1 Schedule 1 — Provisions about the constitution and proceedings of RWWA's board of directors 1. Term of office 1 2. Casual vacancies 1 3. Deputy chairperson 1 4. Alternate directors 1 5. Meetings 1 6. Telephone and video meetings 1 7. Resolution may be passed without meeting 1 8. Voting by interested directors 1 9. Minutes of meetings and resolutions 1 10. Leave of absence 1 11. Board to determine own procedures 1 Schedule 2 — Provisions about CEO and staff Division 1 — General duties of CEO 1. Duties of CEO 1 Division 2 — Particular duties stated 2. Terms used in this Division 1 3. Duty to act honestly 1 4. Duty to exercise reasonable care and diligence 1 5. Duty not to make improper use of information 1 6. Duty not to make improper use of position 1 Division 3 — Compensation 7. Payment of compensation may be ordered 1 8. Civil proceedings for recovery 1 Division 4 — Relief from liability 9. Relief from liability 1 10. Application for relief 1 11. Case may be withdrawn from jury 1 12. Compliance with directions 1 Division 5 — Restrictions on indemnities and exemptions 13. Indemnification and exemption of CEO and executive officers 1 14. Insurance premiums for certain liabilities of CEO and executive officers 1 15. Certain indemnities, exemptions, payments and agreements not authorised and certain documents void 1 Schedule 3 — Provisions to be included in constitution of subsidiaries 1. Disposal of shares 1 2. Directors 1 3. Further shares 1 4. Subsidiaries of subsidiary 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Racing and Wagering Western Australia Act 2003 An Act to — • establish Racing and Wagering Western Australia; • authorise the provision and operation of totalisators through RWWA; • make provision for totalisator and other gambling with RWWA, and for related matters.