1Short title
This Act may be cited as the Betting Control Act 1954.
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Explanatory material and speeches for the bills of later Acts that amended this Act, newest first. They explain the amendment, not necessarily the provision you are reading.
This Act may be cited as the Betting Control Act 1954.
This Act shall come into operation on a day to be fixed by proclamation.
[Section 2 amended: No. 77 of 1976 s. 4.]
[3. Deleted: No. 11 of 1992 s. 26.]
In this Act unless the context requires otherwise —
ADI means an authorised deposit‑taking institution as defined in section 5 of the Banking Act 1959 of the Commonwealth;
approval means an approval under section 27D(2);
arrangement includes a contract, agreement and understanding;
associate, of a wagering licensee, has the meaning given in section 7(2);
approved area, in relation to racecourse, means an area approved by the committee or other authority controlling that race course as a place where betting to which section 4B applies may be carried on;
assessment notice has the meaning given in section 14B(3);
authorisation means an authorisation under section 27F that has effect;
authorised officer has the meaning given to that term in the Gaming and Wagering Commission Act 1987;
betting agency means an agency established by a wagering licensee under section 10U;
betting exchange has the meaning given in section 4AA;
betting material includes —
any list, card, board, racebook, ticket, voucher or other record of any race or other event or any betting transaction; and
any accounts or accounting record,
however compiled, recorded or stored, and any computer or other machine, used in the course of, or in relation to, betting;
bookmaker means a person who —
carries on the business or vocation of, or acts as, a bookmaker; or
gains or endeavours to gain a livelihood wholly or partly by betting or making wagers,
(whether on their own account or as a licensed manager, an employee or agent of another person), and who holds a current bookmaker’s licence, but does not include any officer, agent or employee of RWWA when acting for and on behalf of RWWA;
CEO means the chief executive officer of the Department;
Commission means the Gaming and Wagering Commission established under the Gaming and Wagering Commission Act 1987;
condition, in relation to a licence, includes —
a limitation, restriction or prohibition; and
any other provision of that licence affecting the authorisation conferred,
whether or not it purports to be expressed by way of a condition;
consideration used in relation to bets has the meaning attributed in the definition of to bet;
consumer protection policy has the meaning given in section 10I;
contingency means a contingency relating to an event;
controlling interest means an interest in not less than fifty per centum (50%) of the issued shares of the body corporate;
Department means the department of the Public Service assisting the Minister in the administration of this Act;
designated sporting event means sporting event belonging to such class of sporting events (excluding races but including foot‑races) as is approved under subsection (1a) for the purposes of section 4A;
domestic betting operator means a person who in this State or another State or a Territory is authorised under a law of that State or Territory to engage in or conduct the business of betting on races, events or contingencies;
employee, in relation to a bookmaker, means a person employed by a bookmaker as the agent or substitute of that bookmaker or otherwise for the purpose of the carrying on of the business of the bookmaker, whether or not that person receives remuneration in any form from the bookmaker;
equipment includes any totalisator or other device employed in relation to betting operations;
event means a race or other event, whether or not of a sporting nature;
fixed odds bet means a bet where a fixed amount that will be won if the bet is successful is determined before the bet is accepted;
good repute, in relation to an associate of a wagering licensee, means good repute of the associate as determined under section 9(1);
key employee, of a wagering licensee, has the meaning given in section 8(1);
licence means a licence issued under this Act;
licensed employee means the holder of a bookmaker’s employee licence issued under section 11;
licensed manager means the holder of a bookmaker’s manager licence issued under section 11 or a person acting as a licensed manager under section 11B(12) or 11C(11);
machine has the meaning given in the Gaming and Wagering Commission Act 1987 section 3(1);
metropolitan region has the meaning given to that term in the Planning and Development Act 2005 section 4;
money includes bank notes, bank drafts, cheques and any other orders, warrants, authorities, or requests, for the payment of money;
offshore betting operator means a person who is authorised under the law of a jurisdiction outside Australia to engage in or conduct the business of betting on events;
permittee means holder of a permit granted under section 4A;
place includes any part of any building, structure, house, office, room, tent, enclosure, premises or land, or of any vessel, vehicle, train or aircraft whether or not stationary;
position of authority, occupied in a body corporate, has the meaning given in subsection (3);
possession includes having under control in any place whatever whether for the use or benefit of the person of whom the term is used or of another person, and notwithstanding that another person has the actual possession or custody of the thing in question;
prescribed means prescribed in regulations;
prohibited event or contingency means an event or contingency, or an event or contingency of a class, prescribed for the purposes of this definition;
public interest, in relation to a wagering licence, has a meaning affected by section 9(2);
public place includes any part of any place, used, or available for use, by the public, and includes a road, street, lane, footpath, thoroughfare, cul de sac, doorway, convenience, reserve, or part of any of them;
race means a race of any kind by horses whether ridden or driven or by greyhounds, but does not include a race conducted as a trial;
racecourse means a racecourse used for races;
race meeting means a meeting at which races are held;
racing club means a body which conducts race meetings;
racing industry arrangement has the meaning given in section 10H(1);
record means —
any book, account, document, financial records (within the meaning of the Corporations Act 2001 of the Commonwealth), paper, return, register or other source of information compiled, recorded or stored in written form or on microfilm, or by electronic or other means or process; and
the contents, in a printout or other intelligible format, of records that are kept, by computer or otherwise, in a format that is not readily intelligible; and
any other sources of information prescribed for the purposes of this definition;
registered place means place registered under section 4A(4) in respect of designated sporting events of the relevant class;
RWWA means Racing and Wagering Western Australia established under the RWWA Act;
RWWA Act means the Racing and Wagering Western Australia Act 2003;
simulated race means a game —
that consists of animated images of a thoroughbred race, harness race or greyhound race; and
the outcome of which is only determined by a random number generator that draws a set of numbers from a larger set of numbers;
steward means a steward appointed under the RWWA Act;
ticket means a betting ticket or a totalisator ticket;
to bet means to pay or deliver, or promise or agree to pay or deliver, or to receive or agree or promise to receive, any money or other property for the consideration for —
an assurance, undertaking, promise, or agreement, express or implied, to pay or give thereafter any money or other property on any event or contingency of or relating to any event in relation to which betting is authorised under this Act; or
securing the paying or giving by some other person of any money or other property on any such event or contingency;
totalisator and totalisator ticket have for the purposes of this Act the same respective meanings as they have for the purposes of the RWWA Act;
totalisator agency means any totalisator agency established by RWWA, and includes any premises on which bets on an event may be made on a totalisator through or with RWWA;
WA race field means information that identifies, or is capable of identifying, the names or numbers of the horses or greyhounds —
that have been nominated for, or that will otherwise take part in, an intended race to be conducted in this State; or
that have been scratched or withdrawn from an intended race to be conducted in this State;
wagering business means the business of a wagering licensee conducted under a wagering licence;
wagering licence has the meaning given in section 6(1);
wagering licence agreement has the meaning given in section 10Q(1);
wagering licensee has the meaning given in section 6(1);
The Commission may by notice published in the Gazette —
approve a class of sporting events (excluding races but including foot‑races) for the purposes of section 4A; and
amend or revoke such an approval.
In this Act unless the context otherwise requires, a reference —
to a bookmaker, includes a reference to a licensed employee acting as the agent of or substitute for the bookmaker; and
to a bookmaker, includes a reference to a licensed manager acting under section 11D(5); and
to a ticket includes a reference to a ticket which is produced or issued by a computer or other machine used to facilitate the betting; and
to writing includes a reference to the printing of a ticket, form or other record produced by a computer or other machine so used.
For the purposes of this Act, a person occupies a position of authority in a body corporate if that person —
is a director of the body corporate; or
exercises or exerts, or is in a position to exercise or exert, control or substantial influence over the body corporate in the conduct of its affairs; or
in the case of a public company, has a controlling interest in the company; or
in the case of a proprietary company, is a shareholder in the company.
[Section 4 amended: No. 49 of 1960 s. 4; No. 21 of 1970 s. 48; No. 77 of 1976 s. 5; No. 6 of 1987 s. 4; No. 11 of 1992 s. 27 and 29; No. 63 of 1995 s. 43; No. 17 of 1998 s. 4; No. 40 of 1999 s. 31; No. 10 of 2001 s. 22; No. 13 of 2002 s. 4; No. 35 of 2003 s. 76, 102 and 103; No. 38 of 2005 s. 15; No. 70 of 2006 s. 5; No. 29 of 2009 s. 5; No. 37 of 2018 s. 50; No. 41 of 2018 s. 4; No. 21 of 2019 s. 40 and 80; No. 53 of 2024 s. 4.]
In this Act —
betting exchange means a facility, electronic or otherwise, that enables persons —
to place or accept, through the operator of the betting exchange, bets with other persons; or
to place with the operator of the betting exchange bets that, on acceptance, are matched with opposing bets placed with and accepted by the operator,
but does not include a facility, electronic or otherwise, that enables persons to place bets only with a bookmaker or a totalisator.
[Section 4AA inserted: No. 70 of 2006 s. 6.]
This Act applies to the conduct of betting by the holder of a bookmaker’s licence in relation to a designated sporting event conducted by a permittee at a registered place as though —
the designated sporting event were a race; and
the permittee were a racing club; and
the registered place were a racecourse.
A person who desires to conduct a designated sporting event at a registered place shall —
apply to the Commission in a form approved by the Commission for the grant of a permit; and
indicate in that application the place at which the designated sporting event is to be conducted under the permit by that person.
An application under subsection (2) shall be accompanied by such information as is prescribed, and the applicant shall furnish the Commission with such additional information as the Commission directs.
The Commission may —
grant a permit applied for under subsection (2) and, if the place at which the designated sporting event is to be conducted under the permit by the applicant is not already registered under this subsection in respect of designated sporting events of the class to which the designated sporting event belongs, register that place in respect of designated sporting events of that class; or
refuse to grant a permit applied for under subsection (2); or
defer consideration of an application under subsection (2),
as the Commission thinks fit.
The Commission may, with respect to a permit, impose conditions, restrictions and prohibitions in relation to the permittee or the registered place or both.
A permittee or other person shall not contravene any condition, restriction or prohibition imposed under subsection (5).
Penalty for this subsection: a fine of $10 000.
The Commission may, whether or not a person is convicted of an offence under subsection (6), cancel or suspend a permit if the Commission is satisfied that any condition, restriction or prohibition imposed under subsection (5) with respect to the permit has not been complied with.
In this section —
permit means permit granted under subsection (4).
[Section 4A inserted: No. 17 of 1998 s. 5(1); amended: No. 13 of 2002 s. 5; No. 35 of 2003 s. 102; No. 41 of 2018 s. 15(1); No. 21 of 2019 s. 42 and 80; No. 53 of 2024 s. 23.]
This Act applies to the conduct of betting, by the holder of a bookmaker’s licence endorsed to authorise such betting, on an event or a contingency where bookmaking on that event, or that contingency, has been approved by the Commission under this section.
The Commission may approve bookmaking on or in relation to an event or a contingency, except a prohibited event or contingency.
An approval given under subsection (2) shall as soon as is practicable after it has been given be notified in the Gazette, and may be made subject to conditions, or to requirements as to the recording of bets, specified in that approval.
The holder of a bookmaker’s licence endorsed to authorise bookmaking on an event or a contingency must comply with the conditions and requirements to which the approval of bookmaking on the event or contingency is subject under subsection (3).
Penalty for this subsection: a fine of $10 000.
It shall be a condition deemed to be applicable to every approval under this section that the bookmaking is carried on —
at a race course; and
subject to a permit having been granted or endorsed for betting of that kind by the committee or other authority controlling the race course,
in accordance with section 12.
The Commission shall have the same functions, and may exercise like powers and perform like duties, in relation to betting on events other than races as in relation to a race.
[Section 4B inserted: No. 11 of 1992 s. 28; amended: No. 63 of 1995 s. 44; No. 17 of 1998 s. 6; No. 35 of 2003 s. 102; No. 41 of 2018 s. 5; No. 53 of 2024 s. 5.]
Notwithstanding any law to the contrary, persons may, in accordance with this Act, lawfully bet by way of wagering or gaming on a race course —
on races; or
on an event or contingency, in accordance with section 4B,
and their so doing does not of itself constitute a contravention of the law, and is not a ground for the race course or any part of it being deemed or declared to be, or to be used as, a common betting house or a common gaming house, or to be a common nuisance and contrary to the law.
The Commission may, if it is satisfied that adequate provision is made and maintained for the supervision of the proceedings at the premises in question and that all bets there made are brought to account, authorise, subject to such conditions, if any, as are specified in that authority —
the settlement of bets; and
the making of bets in relation to the practice known as “the calling of the card” on such occasions and events as are specified in that authority,
at such premises as are specified in that authority, and despite any written law to the contrary the activities so authorised are, when carried on in compliance with any such conditions, lawful.
The Commission may, if —
it is no longer satisfied within the meaning of subsection (2) in respect of an authority given under that subsection; or
it is satisfied that any condition to which that authority is subject has not been complied with,
amend or cancel that authority.
The Commission shall cause —
each authority given under subsection (2); and
each amendment or cancellation made under subsection (2a),
to be published in the Gazette as soon as is practicable after it is given or made.
No person is liable to prosecution or conviction under the Gaming and Wagering Commission Act 1987, by reason of anything done pursuant to this Act but, subject to this Act, the provisions of that Act relating to common gaming houses and common betting houses, or unlawful betting, have effect.
[Section 5 amended: No. 19 of 1960 s. 5; No. 28 of 1963 s. 2; No. 77 of 1976 s. 6; No. 78 of 1978 s. 3; No. 29 of 1985 s. 6; No. 34 of 1985 s. 4; No. 74 of 1987 s. 4; No. 11 of 1992 s. 30; No. 63 of 1995 s. 45; No. 14 of 1996 s. 4; No. 17 of 1998 s. 7(1); No. 35 of 2003 s. 77 and 102; No. 41 of 2018 s. 6.]
Despite the provisions of any other Act it is lawful —
to communicate information from a race course or a venue at which an event is held to a totalisator agency for or in connection with the payment or crediting of dividends or winnings to persons making bets through RWWA; or
in relation to a totalisator, to broadcast information as to the amount of dividends payable on any event on which the bets have been made through or with RWWA, after those dividends have been declared on the totalisator or by RWWA.
[Section 5A inserted: No. 35 of 2003 s. 78; amended: No. 41 of 2018 s. 7.]
This Act authorises betting on a simulated race only if the betting is conducted by a wagering licensee in accordance with the licensee’s wagering licence.
[Section 5C inserted: No. 21 of 2019 s. 46.]
[6A‑6G. Deleted: No. 35 of 2003 s. 79.]
A licence (a wagering licence) may be granted under this Act to a person (a wagering licensee) to conduct totalisator betting and fixed odds betting on a race, event or simulated race.
Except as provided in subsection (3), this Part does not authorise the operation at the same time of more than 1 wagering licence.
A wagering licence (a new licence) may be granted while another wagering licence (an ending licence) is in effect if —
the new licence takes effect after the ending licence has ceased to have effect; and
preparatory action is required in relation to the new licence under section 10D.
[Section 6 inserted: No. 21 of 2019 s. 47.]
In this section —
executive officer, in relation to a body (whether incorporated or not), means —
a director, secretary or member of the committee of management of the body (by whatever name called); or
any other person who is concerned with, or takes part in, the management of the body, whether or not the person’s position is given the name of executive officer;
relative, in relation to an individual, means —
the spouse or de facto partner of the individual; or
a parent, son, daughter, brother or sister of the individual; or
a parent, son, daughter, brother or sister of the spouse or de facto partner of the individual;
relevant financial interest, in relation to a wagering business, means —
any share, whether held directly or indirectly, in the capital of the business; or
any entitlement, whether held directly or indirectly, to receive any income derived from the business; or
any entitlement, whether held directly or indirectly, to receive any payment as a result of money advanced;
relevant power means any power, whether exercisable by voting or otherwise, whether exercisable alone or in association with others and whether held directly or indirectly —
to participate in any directorial, managerial, or executive decision; or
to elect or appoint any person as an executive officer.
In this Part, an associate of a wagering licensee or an applicant for a wagering licence is a person, other than a key employee, who is any of the following —
a person who —
holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the wagering business of the licensee or applicant; and
by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the management or operation of that business;
a person who is or will be an executive officer, whether in right of the person or on behalf of any other person, of —
the licensee or applicant; or
any other body involved in the wagering business of the licensee or applicant;
if the licensee or applicant is an individual, a person who is a relative of the licensee or applicant.
[Section 7 inserted: No. 21 of 2019 s. 47.]
In this Part, a key employee of a wagering licensee is a person who —
is employed by, or working for the benefit of, the wagering licensee and is empowered to make decisions, involving the exercise of that person’s discretion, that regulate the wagering business of the wagering licensee; or
because of the person’s influence, remuneration or function, the Commission determines in the public interest should be designated accordingly.
The regulations may —
require key employees to be persons who are licensed, provisionally or otherwise, by the Commission; and
make provision as to the licensing of key employees, and the conditions and fees applicable to the licensing; and
make provision for the disciplinary action that the Commission may take in relation to a key employee including the following —
the service of a letter of censure on the employee;
the imposition on the employee of a fine not exceeding $1 000;
the cancellation or suspension of the licence held by the employee.
[Section 8 inserted: No. 21 of 2019 s. 47.]
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