1Citation
These regulations may be cited as the Betting Control Regulations 1978.
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Bill homepageThese regulations may be cited as the Betting Control Regulations 1978.
Notwithstanding that by the operation of the Acts Amendment (Racing and Betting Legislation) Act 1995 and the Betting Control Amendment Regulations 1996 certain responsibilities of the person holding the office of Commissioner of State Taxation 2 were transferred to the Board, where under these regulations any form or activity was approved by the Commissioner of State Taxation 2 that form or activity shall be taken to have been approved by the Commission in the absence of any specific decision by the Commission to the contrary.
[Regulation 2 inserted: Gazette 25 Jun 1996 p. 2975; amended: Gazette 22 Oct 1996 p. 5619; 30 Jan 2004 p. 412.]
In these regulations unless the context requires otherwise —
approved event means an event, or a contingency, on or in relation to which bookmaking has been approved under section 4B(2) of the Act;
bet back means a bet made by, or on behalf of, a bookmaker —
on a runner or, in the context of an approved event, on a competitor or contingency; and
for the purpose of reducing the bookmaker’s liability for bets already accepted by the bookmaker against that runner, competitor or contingency;
betting account means an account established with a domestic betting operator for the purposes of betting;
cash means bank notes or coins;
concession bet means a bet to win at special odds, the stake being refunded if the runner concerned is placed second or third, subject to the number of starters;
country means any part of the State outside the metropolitan area;
each way bet means a bet comprising 2 equal amounts, one amount being for a win and one for a place and both being taken or laid on the same runner or other competitor or contingency at the same time, at stated odds for a win;
Flexi Bet means a method of betting an amount on one or more combinations of outcomes, where the amount of the investment on each combination covered by the bet can be a percentage, or fraction, of the unit of investment;
grandstand enclosure means that portion of a racecourse which is set aside as such by the committee or other authority controlling the racecourse, and commonly known as the “grandstand enclosure”;
greyhound race has the meaning given in the RWWA Act section 3(1);
harness race has the meaning given in the RWWA Act section 3(1);
internet betting means a method of making and accepting bets by means of an on‑line telecommunications system (commonly known as “the Internet”) using a computer system that is subject to the procedures set out in regulation 76;
leger means that portion of a racecourse which is set aside as such by the committee or other authority controlling the racecourse, and commonly known as “the leger”;
place bet means a bet where the person placing the bet selects a runner or other competitor to achieve a place in a particular race in accordance with the following —
if at the time the bet is made there are 8 or more starters listed to start in the race, a runner or other competitor achieves a place if it finishes 1st, 2nd or 3rd;
if at the time the bet is made, there are 5, 6 or 7 starters listed to start in the race, a runner or other competitor achieves a place if it finishes 1st or 2nd;
racing year has the meaning given in the RWWA Act section 3(1);
rules of racing means the rules of racing made under, or continued for the purposes of, the RWWA Act;
rules of wagering means the rules of wagering made under, or continued for the purposes of, the RWWA Act;
runner means —
in the context of a horse race, a horse running in the race; or
in the context of a greyhound race, a greyhound running in the race; or
in the context of a designated sporting event, a competitor competing in the event;
scheduled starting time has the meaning given in the Racing and Wagering Western Australia Regulations 2003 regulation 3(1);
sporting event does not include a designated sporting event;
thoroughbred race has the meaning given in the RWWA Act section 3(1);
Western Australian Greyhound Racing Association means the Western Australian Greyhound Racing Association established under the Western Australian Greyhound Racing Association Act 1981;
Western Australian Trotting Association means the Western Australian Trotting Association constituted under the Western Australian Trotting Association Act 1946;
win bet means a bet where the person placing the bet selects the winner of a particular race.
Expressions which are defined in, or are to be read as included in a reference by reason of, section 4 or which are expressions defined in the Rules of Betting set out in the Appendix have the same respective meanings for the purposes of these regulations, those Rules, and any approval under section 4B, unless the context otherwise requires.
Notwithstanding that these regulations and the Rules of Betting set out in the Appendix would not otherwise apply, where —
in the context of a designated sporting event, a permit under section 4A; or
in the context of an approved event, an approval under section 4B,
provides that bets of a kind other than those defined in this regulation may be made, these regulations and those Rules of Betting shall be taken to apply to those bets.
For the purpose of these regulations, a bet is an on‑course totalisator bet if —
the person making the bet is physically present at the racecourse; and
the bet is placed through a totalisator located on that racecourse (whether personally, or digitally using a mobile device and a telecommunications network); and
payment for the bet is made at the time the bet is placed, either in cash or from an established RWWA wagering account; and
the bet is placed in person and not by a traditional telephone voice transmission to the RWWA call centre.
[Regulation 3 amended: Gazette 24 Jun 1988 p. 2003; 14 Feb 1992 p. 857; 10 Jul 1992 p. 3286‑7; 21 Jul 1998 p. 3851, 3854, 3855 and 3856; 26 Nov 1999 p. 5908; 30 Jan 2004 p. 403; 21 Jul 2006 p. 2672; 18 Sep 2007 p. 4717; 25 Sep 2009 p. 3752; 14 Jun 2013 p. 2241; 13 May 2016 p. 1427; 25 Jan 2019 p. 199 and 201-2; SL 2021/193 r. 4.]
A person who desires to make application for a licence shall —
complete and sign such forms as are approved by the Commission;
lodge with the Commission the forms together with the fee, if any, prescribed in respect of the application by regulation 17.
A person may —
at any time prior to the determination of their application for the grant of a licence, withdraw the application by notice in writing served on the Commission;
at any time after a licence is granted to that person, surrender that licence to the Commission,
and upon receipt by the Commission of a notice of withdrawal or the surrender of a licence pursuant to this subregulation, that application or licence, as the case may be, ceases to have effect, but a withdrawal or surrender so made does not affect the operation of regulation 18 or the validity of any bond or security lodged under that regulation.
[Regulation 9 amended: Gazette 14 Jul 1989 p. 2133; 10 Jul 1992 p. 3286‑7; 20 Sep 2002 p. 4698; 30 Jan 2004 p. 404 and 412.]
An application for the purposes of section 4A(2) shall be in a form approved by the Commission and shall be submitted in a completed form.
The information required to be given in the approved form is the information prescribed for the purposes of section 4A(3).
The Commission may require the Commissioner of Police to report on any application made for the purposes of section 4A(2).
[Regulation 9A inserted: Gazette 21 Jul 1998 p. 3852; amended: Gazette 20 Sep 2002 p. 4698; 30 Jan 2004 p. 412.]
A person who desires to make application for approval under section 11B(4) or 11C(2) of the Act shall —
complete and sign such forms as are approved by the Commission; and
lodge with the Commission the forms together with the charge, if any, prescribed in respect of the application by regulation 17(2) or (3).
[Regulation 10 inserted: Gazette 20 Sep 2002 p. 4698; amended: Gazette 30 Jan 2004 p. 404 and 412.]
An application for the renewal of a licence as a bookmaker’s manager or employee may be made only during the currency of the licence to which the renewal is to relate, and any application made in relation to a licence which has expired shall be treated as an application for a licence in the first instance and not by way of renewal.
[Regulation 11 amended: Gazette 10 Jul 1992 p. 3286‑7; 20 Sep 2002 p. 4698.]
Where the Commission determines that a licence shall be granted the Commission shall notify the applicant and, on the applicant paying the appropriate licence fee, if any, prescribed to the Commission and lodging with the Commission the security or bond required by the Commission in accordance with regulation 18, shall furnish to the applicant a receipt for that fee and for the security and issue the relevant licence.
[(2) deleted]
[Regulation 12 amended: Gazette 10 Jul 1992 p. 3286‑8; 30 Jan 2004 p. 404 and 412.]
[13. Deleted: Gazette 20 Sep 2002 p. 4698.]
A licence under the Act shall be issued in a form approved by the Commission.
A bookmaker’s licence, a bookmaker’s manager licence and bookmaker’s employee licence are subject to the terms and conditions specified therein or endorsed thereon.
The Commission may endorse a licence or alter the endorsement on a licence at any time.
An alteration of the endorsement may be effected by actual alteration or interlineation or by the replacement of the licence.
A licence authorises the holder of it to do only such acts, and to do them only at such times and places and in such circumstances, as are specifically stated in these regulations, as are specified in an approval under section 4B, a permit under section 12 or the licence itself or by endorsement on the licence, and authorises the holder only to do any of the acts while doing it in accordance with these regulations, such approval or such permit.
A bookmaker’s licence authorises the licensee to carry on the business of a bookmaker only on that portion of a racecourse named therein, and not elsewhere.
A bookmaker’s licence which is endorsed to that effect authorises the licensee to carry on the business of a bookmaker, in relation to an approved event, by means of —
on‑course telephone betting conducted in accordance with regulation 71; or
on‑course internet betting, conducted in accordance with regulations 74 and 76,
or both, as the case may be.
A bookmaker’s licence which is endorsed to that effect authorises the licensee to carry on the business of a bookmaker, in relation to racing, by means of —
on‑course telephone betting conducted in accordance with regulation 72; or
on‑course internet betting, conducted in accordance with regulations 75 and 76,
or both, as the case may be.
[Regulation 14 amended: Gazette 24 Jun 1988 p. 2004; 10 Jul 1992 p. 3286 and 3288; 31 Aug 1993 p. 4677 (correction: Gazette 10 Sep 1993 p. 4975); 24 Dec 1993 p. 6839; 21 Jul 1998 p. 3852 and 3855; 26 Nov 1999 p. 5908‑9; 20 Sep 2002 p. 4699; 30 Jan 2004 p. 412; 25 Jan 2019 p. 200.]
[15. Deleted: Gazette 10 Jul 1992 p. 3288.]
On stating the circumstances under which that licence was lost or destroyed, and on payment of the prescribed fee, the holder of a licence may apply to the Commission for the issue of a duplicate licence of the same effect, and subject to the same terms and conditions, as the original licence the Commission may issue such a duplicate licence.
Where after the issue of a duplicate licence the original licence is found, the duplicate licence shall forthwith be forwarded to the Commission for cancellation.
[Regulation 16 amended: Gazette 10 Jul 1992 p. 3286 and 3288; 30 Jan 2004 p. 412.]
The Commission shall charge the following fees —
(aa) On the grant of a permit under section 4A for a designated sporting event $57.50;
(ab) On the endorsement of a permit (granted under section 4B for betting on an approved event or granted for racing) authorising the permit holder to carry on business by means of on‑course telephone betting $81;
(ac) On the endorsement of a permit (granted under section 4B for betting on an approved event or granted for racing) authorising the permit holder to carry on business by means of on‑course internet betting $374.50;
(ad) On an application for approval (under regulation 37(5)) to use a computer betting ledger system $87.50;
(a) On an application for a bookmaker’s licence $751.50;
(b) On an application for, or for the renewal of, a bookmaker’s employee licence $39.50;
(ba) On an application for a bookmaker’s manager licence $203;
(bb) On an application for the renewal of a bookmaker’s manager licence $107.50;
(c) For an appeal to the Commission in connection with a betting dispute $197;
(d) On provision of a copy of a transcript of an appeal hearing, for each page $4;
(e) On applying for the issue of a duplicate licence $39.50;
(f) On an application by an offshore betting operator for an exemption under section 27A of the Act $751.50.
A person who applies under section 11B(4) of the Act for approval to become a member of a partnership that holds a bookmaker’s licence shall pay to the Commission when making the application a charge of $128.50.
A person who applies under section 11C(2) of the Act for approval to occupy a position of authority in a body corporate that holds a bookmaker’s licence shall pay to the Commission when making the application a charge of $128.50.
[Regulation 17 amended: Gazette 14 Jul 1989 p. 2133; 10 Jul 1992 p. 3288; 21 Jul 1998 p. 3852; 2 Oct 2001 p. 5454; 20 Sep 2002 p. 4699; 26 Sep 2003 p. 4226; 30 Jan 2004 p. 404 and 412; 9 Jul 2004 p. 2781; 14 Oct 2005 p. 4559; 14 Nov 2006 p. 4729‑30; 9 Oct 2007 p. 5348‑9; 28 Oct 2008 p. 4732‑3; 30 Oct 2009 p. 4312-13; 19 Nov 2010 p. 5739; 4 Nov 2011 p. 4635; 16 Nov 2012 p. 5646-7; 8 Nov 2013 p. 4972; 14 Nov 2014 p. 4279-80; 6 Nov 2015 p. 4581‑2; 28 Oct 2016 p. 4911; 10 Nov 2017 p. 5580; 7 Sep 2018 p. 3192-3; 25 Jan 2019 p. 200; 22 Oct 2019 p. 3720‑1; SL 2022/144 r. 4; SL 2023/156 r. 4; SL 2024/213 r. 4; SL 2025/187 r. 4.]
The bookmakers’ annual licence fee payable under section 13(1) shall be —
paid, in respect of each assessment year commencing on 1 August and ending on 31 July, at the following rates for that year —
(i) on total turnover not exceeding $250 000 $468;
(ii) on total turnover greater than $250 000 but not exceeding $1 000 000 $956.50;
(iii) on total turnover greater than $1 000 000 $1 437.50;
and
payable, on the basis of self assessment by the holder of the licence, on or before 31 August following the end of the assessment year —
to the Commission; and
in accordance with a properly completed annual return, in a form approved by the Commission, accompanying the payment.
The bookmakers’ annual licence fee payable under section 13(4) in respect of a part year shall be —
assessed by the Commission on the basis of total turnover during the year ending the preceding 31 July assessed proportionately according to the number of months, or parts of a month, during which the licence operated in the year of assessment; and
payable to the Commission at such time and in such manner as the Commission may, in writing, request.
The holder of the licence shall supply or make available to the Commission such other information as the Commission may consider to be relevant to the assessment of any bookmakers’ annual licence fee at such time and in such manner as the Commission may, in writing, request.
[Regulation 17A inserted: Gazette 25 Jun 1996 p. 2975; amended: Gazette 10 Jul 1988 p. 3647; 21 Jul 1998 p. 3852; 26 Sep 2003 p. 4226; 30 Jan 2004 p. 412; 9 Jul 2004 p. 2781; 14 Oct 2005 p. 4559; 14 Nov 2006 p. 4730; 9 Oct 2007 p. 5349; 28 Oct 2008 p. 4733; 30 Oct 2009 p. 4313; 19 Nov 2010 p. 5740; 4 Nov 2011 p. 4636; 16 Nov 2012 p. 5647; 8 Nov 2013 p. 4973; 14 Nov 2014 p. 4280; 6 Nov 2015 p. 4582; 28 Oct 2016 p. 4911; 10 Nov 2017 p. 5580‑1; 7 Sep 2018 p. 3193; 22 Oct 2019 p. 3721; SL 2022/144 r. 4; SL 2023/156 r. 4; SL 2024/213 r. 4; SL 2025/187 r. 4.]
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