1Short title
This Act may be cited as the Western Australian Greyhound Racing Association Act 1981.
[Section 1 amended: No. 23 of 1998 s. 16(1); No. 35 of 2003 s. 197.]
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Bill homepageThis Act may be cited as the Western Australian Greyhound Racing Association Act 1981.
[Section 1 amended: No. 23 of 1998 s. 16(1); No. 35 of 2003 s. 197.]
The provisions of this Act shall come into operation on such date or dates as is or are respectively fixed by proclamation.
[3. Deleted: No. 35 of 2003 s. 198.]
In this Act unless the contrary intention appears —
Association means the Western Australian Greyhound Racing Association established by this Act;
Chairman means Chairman of the Association;
Chief Executive Officer means Chief Executive Officer of the Association;
Deputy Chairman means Deputy Chairman of the Association;
Fund means the Western Australian Greyhound Racing Association Fund established and maintained under section 16;
greyhound racing means racing between greyhounds in competitive pursuit of an artificial lure;
greyhound racing club means a club, society or other association established for the purpose of conducting or promoting greyhound racing, and includes the Association;
greyhound trial track means land, not being a licensed race course, that is held out by any person having the management or control thereof as owner, lessee, occupier or otherwise, as being available for the purpose of enabling greyhounds, other than those owned or trained by or leased to that person, to compete in trials or be trained in racing;
lessee means lessee of a greyhound;
licensed, in relation to a race course, means licensed by RWWA under the RWWA Act;
member or “member of the board” means member of the board of the Association and includes the Chairman and the Deputy Chairman of the Association;
owner means owner of a greyhound;
race course means any place at which greyhound racing is or may be conducted;
race meeting means a meeting for greyhound racing;
registered means registered by RWWA under the RWWA Act;
rules of racing means rules made by RWWA under section 45 of the RWWA Act;
RWWA means Racing and Wagering Western Australia established under the RWWA Act;
RWWA Act means the Racing and Wagering Western Australia Act 2003;
trainer means trainer of a greyhound.
[Section 4 amended: No. 23 of 1998 s. 4, 16(1) and 17(1); No. 35 of 2003 s. 199 and 218.]
A body to be known as the “Western Australian Greyhound Racing Association” is hereby established.
The Association is a body corporate with perpetual succession and shall have a common seal.
Subject to and in accordance with this Act the Association may, under its corporate name —
sue and be sued in any court;
acquire, hold and dispose of real and personal property;
enter into agreements, guarantees, indemnities and other contractual arrangements;
borrow money;
mortgage or charge any of its property as security for the repayment of any money borrowed; and
do and suffer all such other acts and things as bodies corporate may lawfully do and suffer.
All courts and persons acting judicially shall take judicial notice of the common seal of the Association affixed to any document and shall presume that it was duly affixed thereto.
The powers of the Association in relation to real or leasehold property shall not be exercised except with the consent of the Minister and subject to such conditions as he may, in giving his consent, impose.
The Association is a racing club eligible for registration under the RWWA Act and, if so registered, the board is taken to be the committee of the racing club.
[Section 5 amended: No. 23 of 1998 s. 16(1); No. 35 of 2003 s. 201 and 218.]
The Association does not represent, and is not an agent or servant of, the Crown.
[Section 6 amended: No. 23 of 1998 s. 16(1); No. 35 of 2003 s. 218.]
The functions of the Association are —
to promote greyhound racing, including the keeping and training of greyhounds;
to conduct greyhound racing and provide facilities to enable greyhounds to compete in trials and be trained in racing;
to exercise and discharge such powers, functions and duties as are conferred on the Association by this Act or any other Act.
[Section 7 amended: No. 23 of 1998 s. 5 and 16(1); No. 35 of 2003 s. 202 and 218.]
The Association has all the powers it needs to perform its functions.
[(2) deleted]
[Section 7A inserted: No. 23 of 1998 s. 6; amended: No. 35 of 2003 s. 203 and 218.]
[7B. Deleted: No. 35 of 2003 s. 204.]
With the consent of the Minister the Association may by an instrument in writing in relation to such matter or class of matters as is specified in that instrument and to the extent therein set out delegate any of its powers or functions under this Act (except this power of delegation) to a member of the board, an officer or employee of the Association, or any other person.
The Association or the Minister may at any time vary or revoke a delegation given under subsection (1), and a delegation so given does not prevent the exercise by the Association of any of its powers or functions.
A power or function delegated by the Association may be exercised or performed by the delegate —
subject to and in accordance with the terms of the instrument of delegation; and
if the exercise of the power or the performance of the function is dependent upon the opinion, belief or state of mind of the Association — upon the opinion, belief or state of mind of the delegate.
[Section 8 amended: No. 23 of 1998 s. 7, 16(1) and 17(1); No. 35 of 2003 s. 205 and 218.]
The control and management of the Association are vested in a board of the Association, which shall be constituted as prescribed by this Part.
[Section 9 amended: No. 23 of 1998 s. 16(1) and 17(1); No. 35 of 2003 s. 218.]
Subject to section 11 the board shall perform all the functions and duties, and may exercise all the powers, of the Association under this Act or any other Act.
[Section 10 amended: No. 23 of 1998 s. 16(1) and 17(1); No. 35 of 2003 s. 218.]
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