Other notes
Other notes Other notes
1 Repealed by the Acts Amendment and Repeal (Betting) Act 1992 s. 72.
2 The Betting Control Amendment Act 1998 s. 5(2) and (3) and s. 7(2) are transitional provisions that are of no further effect.
3 The Racing and Gambling Legislation Amendment and Repeal Act 2003 s. 19 reads as follows:
19. Power to amend regulations
The Governor, on the recommendation of the Minister, may make regulations amending subsidiary legislation made under any Act.
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.
Nothing in this section prevents subsidiary legislation from being amended in accordance with the Act under which it was made.
4 The Racing and Gambling Legislation Amendment and Repeal Act 2003 Pt. 7 Div. 2 reads as follows:
Division 2 — Transitional and savings provisions
Subdivision 1 — Preliminary
104. Intention
The intention of the provisions of this Division is that the Commission will, in accordance with these provisions, stand in place of and be the successor to the BCB.
105. Definitions
In this Division, unless the contrary intention appears —
BCB means the Betting Control Board established under the BC Act;
BC Act means the Betting Control Act 1954;
Commission means the Gaming and Wagering Commission established under section 4 of the Gaming and Wagering Commission Act 1987.
Subdivision 2 — Devolution of the BCB’s assets and liabilities
106. Transfer of assets and liabilities to Commission
On and after the appointed day —
the assets and rights of the BCB vest in the Commission by force of this section;
the liabilities of the BCB (including a share of a liability) become, by force of this section, the liabilities of the Commission;
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 the Commission were substituted for the BCB in the agreement or instrument;
the Commission is a party to any proceedings by or against the BCB commenced before the appointed day;
any proceeding or remedy that might have been commenced by or available against or to the BCB 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 the Commission;
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 BCB (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 the Commission;
the BCB is to deliver to the Commission all registers, papers, documents, minutes, receipts, books of account and other records (however compiled, recorded or stored) relating to —
the assets, rights and liabilities referred to in paragraphs (a) and (b); and
proceedings referred to in paragraph (d).
107. Western Australian Betting Control Board Fund
On the appointed day, any funds standing to the credit of the Western Australian Betting Control Board Fund established under section 9 of the BC Act are —
in the case of moneys held by the Board in respect of payments of bookmakers’ betting levy made under section 15 of the BC Act in relation to betting of the kind referred to in sections 4A and 4B of the BC Act, to be credited to the Sports Wagering Account referred to in section 110A of the Gaming and Wagering Commission Act 1987; and
in the case of all other moneys, to be credited to the Gaming and Wagering Commission Account established under section 9 of the Gaming and Wagering Commission Act 1987,
and the Western Australian Betting Control Board Fund is then to be closed.
If in an agreement, instrument or other document there is a reference to the Western Australian Betting Control Board Fund, that reference is, unless the context otherwise requires, to be read or to have effect on and after the appointed day as if it were a reference to the Gaming and Wagering Commission Account established under section 9 of the Gaming and Wagering Commission Act 1987.
108. Exemption from State taxation
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.
State tax is not payable in relation to —
anything that occurs by the operation of this Division; or
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.
The Treasurer or a person authorised by the Treasurer may, on request by the Commission, certify in writing that —
a specified thing occurred by the operation of this Division; or
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.
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.
109. Saving
The operation of section 106 is not to be regarded —
as a breach of contract or confidence or otherwise as a civil wrong;
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;
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;
as causing any contract or instrument to be void or otherwise unenforceable; or
as releasing or allowing the release of any surety.
Subdivision 3 — General transitional provisions
110. Annual report for part of a year
The accountable authority, as defined in the Financial Administration and Audit Act 1985, of the BCB 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.
111. Completion of things commenced
Anything commenced to be done by the BCB under the BC Act before the appointed day may be continued by the Commission so far as the doing of that thing is within the functions of the Commission after the appointed day.
112. 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 BCB, to the extent that that act, matter or thing —
has any force; and
is not governed by section 106(f),
is to be taken to have been done or omitted by, to or in respect of the Commission so far as the act, matter or thing is relevant to the Commission.
113. Immunity to continue
Where the BCB 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 the Commission.
114. Agreements and instruments generally
This section applies to any agreement or instrument subsisting immediately before the appointed day that does not come within the provisions of section 106(c).
Any agreement or instrument to which this section applies —
to which the BCB was a party; or
which contains a reference to the BCB,
has effect after the appointed day as if —
the Commission were substituted for the BCB as a party to the agreement or instrument; and
any reference in the agreement or instrument to the BCB were (unless the context otherwise requires) a reference to the Commission.
115. BCB to perform necessary transitional functions
Despite the repeal of section 6 of the BC Act by section 79 of this Act, the BCB continues in existence for the purpose of —
reporting as required by section 110; and
performing the functions described in section 106(g).
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).
This provision refers to the regulations (may make regulations
, the regulations
). Made under this Act:
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