Western Australia: Betting Control Act 1954 (WA)

Western Australia Betting Control Act 1954 Western Australia Betting Control Act 1954 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 4. Terms used 1 4AA. Term used: betting exchange 1 4A. Application of this Act to certain sporting events other than races 1 4B. Application of this Act to events 1 5. Legalisation of betting 1 5A. Communication and broadcasting of information 1 5C. Betting on simulated races 1 Part 1A — Wagering licences Division 1 — General 6. Wagering licence and wagering licensee 1 7. Associates 1 8. Key employees 1 9. Determinations of good repute and public interest 1 Division 2 — Applications for and grant of wagering licences 10. Application for wagering licence 1 10A. Grant of wagering licence 1 10B. Fee for wagering licence 1 10C. Duration of wagering licence 1 10D. Wagering licence may authorise preparatory action 1 10E. Transfer of wagering licence 1 10F. No proprietary right in wagering licence 1 Division 3 — Conditions of wagering licences 10G. Financial assurance 1 10H. Racing industry arrangement 1 10I. Consumer protection policy 1 10J. General provisions relating to bets with wagering licensee 1 Division 4 — Disciplinary and other actions concerning wagering licences 10K. Commission may take or recommend disciplinary action 1 10L. Minister's power to amend, suspend or cancel wagering licence 1 10M. Suspension of wagering licence 1 10N. Surrender of wagering licence 1 10O. Appointment of temporary licensee if wagering licence suspended, cancelled, surrendered 1 10P. Directions necessary for transitioning to new wagering licence 1 Division 5 — Miscellaneous 10Q. Wagering licence agreements 1 10R. Minister may amend wagering licence on request 1 10S. Combined totalisator pool and fixed odds schemes 1 10T. Engaging contractors and appointing agents to assist wagering licensee 1 10U. Betting agencies 1 10V. Directions relating to betting agencies 1 10W. Wagering licensee to give notice to Commission about certain matters 1 10X. Approval of associates of wagering licensee 1 10Y. Commission may give directions to wagering licensee in relation to wagering business 1 10Z. Disclosure of certain information authorised 1 10ZA. Amount deducted as commission by wagering licensee 1 10ZB. Unclaimed moneys 1 10ZC. Authorisation for Competition and Consumer Act 2010 (Cth) and Competition Code 1 10ZD. Confidential police information 1 Part 2 — Other licences, approvals and permits 11. Licences and approvals relating to bookmaking 1 11A. Bookmaker's licence — natural person 1 11B. Bookmaker's licence — partnership 1 11C. Bookmaker's licences — body corporate 1 11D. Licences — manager or employee 1 11E. Security 1 11F. Notification of Commission in relation to licensed manager 1 11G. Offences 1 12. Bookmaking on racecourses 1 12A. Temporary bookmakers' employees' licences 1 13. Bookmakers' annual licence fee 1 Part 3 — Levies and totalisators 14. Bets transmitted from racing club to wagering licensee 1 14A. Betting operators' liability to lodge returns and to pay racing bets levy 1 14B. CEO may assess racing bets levy in certain circumstances 1 14C. Review of levy assessments 1 14D. CEO may recover unpaid racing bets levy and other costs 1 16A. Books of account, records etc. 1 17. Effect on annual licence fee of not being entitled to receive or retain consideration 1 17A. Annual licence fee in respect of totalisators 1 17B. Use of the totalisator by racing clubs 1 17C. Making of bets on designated sporting events not authorised 1 17D. Commission may authorise possession and operation of a totalisator by a racing club 1 17E. Percentage of off course bets to belong to RWWA 1 17EA. Management of fixed odds — prescribed margin 1 17F. Percentage of bets to belong to racing club 1 18B. Assessment of annual licence fee 1 Part 4 — Enforcement and offences 19A. Commission may recover unpaid money in respect of annual licence fee 1 20. Entry and inspection of racecourses and certain other premises 1 20A. Powers of Commission representative 1 20B. Requirement to provide information 1 20C. Complying with information requirements 1 21. Prohibition of betting with minors, intoxicated persons, etc. 1 22. Offences by minors 1 22A. Prohibition on assisting minors to bet 1 23. Prohibition of betting unless in accordance with this Act 1 24. Unlawful betting 1 25. Bookmakers may be ordered not to bet 1 26. Loitering in street or public place 1 26A. Removal of persons 1 26B. Penalty for persons warning offenders of approach of member of Police Force 1 26C. Unlawful betting on licensed premises 1 27. Penalty on owner or occupier of premises used for unlawful betting 1 27A. Interstate and offshore betting 1 27D. Publication of WA race fields restricted 1 27E. Confidentiality 1 27F. Authorisation of publication of WA race fields by domestic betting operators 1 27G. Liability of officers for offence by body corporate 1 27H. Liability of individuals, partners, bodies corporate and licensed managers 1 28. Forfeiture of betting material and money in certain cases 1 28A. Search warrant 1 28B. Prima facie evidence of offence 1 28C. Offences in respect of conducting betting agencies 1 28D. Penalty for acting as totalisator agent 1 28E. Penalty for officers of RWWA, and racing clubs and employees of totalisators, accepting instructions as to investments on totalisators 1 28F. Non‑application of sections 28D and 28E 1 28G. Penalty for accepting bets after closing time 1 29. Penalty for providing credit 1 30. General penalty 1 30A. Offences to be dealt with by magistrate 1 31. Conduct of betting 1 31A. Evidence 1 32. Disputes as to bets with bookmakers 1 32A. Disciplinary powers for licensees other than wagering licensee 1 Part 5 — Miscellaneous 32B. Delegation by CEO 1 33. Regulations 1 Part 6 — Transitional provisions for Gambling Legislation Amendment Act 2024 34. Term used: commencement day 1 35. Application of Interpretation Act 1984 1 36. Requirement to lodge monthly return and pay racing bets levy 1 37. Transitional regulations 1 Schedule 3 — Requirements for licensing of a body corporate and continuation of the licence of a body corporate Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Betting Control Act 1954 An Act — • to authorise, regulate and control the use of totalisators and betting with a wagering licensee; and • to authorise, regulate and control, betting and bookmaking on races, events and contingencies relating to races and events; and • for related purposes. [Long title amended: No. 49 of 1960 s. 3; No. 77 of 1976 s. 3; No. 63 of 1995 s. 42; No. 35 of 2003 s. 75; No. 70 of 2006 s. 4; No. 29 of 2009 s. 4; No. 37 of 2018 s. 49; No. 21 of 2019 s. 39.] Part 1 — Preliminary [Heading inserted: No. 35 of 2003 s. 101(1).] 1. Short title This Act may be cited as the Betting Control Act 1954. 2. Commencement 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.] 4. Terms used (1) 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 — (a) any list, card, board, racebook, ticket, voucher or other record of any race or other event or any betting transaction; and (b) 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 — (a) carries on the business or vocation of, or acts as, a bookmaker; or (b) 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) a limitation, restriction or prohibition; and (b) 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 — (a) 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 (b) 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 (c) 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 — (a) that consists of animated images of a thoroughbred race, harness race or greyhound race; and (b) 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 — (a) 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 (b) 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 — (a) that have been nominated for, or that will otherwise take part in, an intended race to be conducted in this State; or (b) 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); (1a) The Commission may by notice published in the Gazette — (a) approve a class of sporting events (excluding races but including foot‑races) for the purposes of section 4A; and (b) amend or revoke such an approval. (2) In this Act unless the context otherwise requires, a reference — (a) to a bookmaker, includes a reference to a licensed employee acting as the agent of or substitute for the bookmaker; and (aa) to a bookmaker, includes a reference to a licensed manager acting under section 11D(5); and (b) 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 (c) to writing includes a reference to the printing of a ticket, form or other record produced by a computer or other machine so used. (3) For the purposes of this Act, a person occupies a position of authority in a body corporate if that person — (a) is a director of the body corporate; or (b) 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 (c) in the case of a public company, has a controlling interest in the company; or (d) 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.] 4AA. Term used: betting exchange In this Act — betting exchange means a facility, electronic or otherwise, that enables persons — (a) to place or accept, through the operator of the betting exchange, bets with other persons; or (b) 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.] 4A. Application of this Act to certain sporting events other than races (1) 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 — (a) the designated sporting event were a race; and (b) the permittee were a racing club; and (c) the registered place were a racecourse. (2) A person who desires to conduct a designated sporting event at a registered place shall — (a) apply to the Commission in a form approved by the Commission for the grant of a permit; and (b) indicate in that application the place at which the designated sporting event is to be conducted under the permit by that person. (3) 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. (4) The Commission may — (a) 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 (b) refuse to grant a permit applied for under subsection (2); or (c) defer consideration of an application under subsection (2), as the Commission thinks fit. (5) The Commission may, with respect to a permit, impose conditions, restrictions and prohibitions in relation to the permittee or the registered place or both. (6) 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. (7) 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. (8) 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.] 4B. Application of this Act to events (1) 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. (2) The Commission may approve bookmaking on or in relation to an event or a contingency, except a prohibited event or contingency. (3) 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. (3A) 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. (4) It shall be a condition deemed to be applicable to every approval under this section that the bookmaking is carried on — (a) at a race course; and (b) 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. (5) 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.] 5. Legalisation of betting (1) 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 — (a) on races; or (b) 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. (2) 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 — (a) the settlement of bets; and (b) 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. (2a) The Commission may, if — (a) it is no longer satisfied within the meaning of subsection (2) in respect of an authority given under that subsection; or (b) it is satisfied that any condition to which that authority is subject has not been complied with, amend or cancel that authority. (2b) The Commission shall cause — (a) each authority given under subsection (2); and (b) 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. (3) 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.] 5A. Communication and broadcasting of information Despite the provisions of any other Act it is lawful — (a) 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 (b) 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.] 5C. Betting on simulated races 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.] Part 1A — Wagering licences [Heading inserted: No. 21 of 2009 s. 47.] Division 1 — General [Heading inserted: No. 21 of 2009 s. 47.] 6. Wagering licence and wagering licensee (1) 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. (2) Except as provided in subsection (3), this Part does not authorise the operation at the same time of more than 1 wagering licence. (3) A wagering licence (a new licence) may be granted while another wagering licence (an ending licence) is in effect if — (a) the new licence takes effect after the ending licence has ceased to have effect; and (b) preparatory action is required in relation to the new licence under section 10D. [Section 6 inserted: No. 21 of 2019 s. 47.] 7. Associates (1) In this section — executive officer, in relation to a body (whether incorporated or not), means — (a) a director, secretary or member of the committee of management of the body (by whatever name called); or (b) 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 — (a) the spouse or de facto partner of the individual; or (b) a parent, son, daughter, brother or sister of the individual; or (c) 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 — (a) any share, whether held directly or indirectly, in the capital of the business; or (b) any entitlement, whether held directly or indirectly, to receive any income derived from the business; or (c) 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 — (a) to participate in any directorial, managerial, or executive decision; or (b) to elect or appoint any person as an executive officer. (2) 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) a person who — (i) 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 (ii) 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; (b) a person who is or will be an executive officer, whether in right of the person or on behalf of any other person, of — (i) the licensee or applicant; or (ii) any other body involved in the wagering business of the licensee or applicant; (c) 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.] 8. Key employees (1) In this Part, a key employee of a wagering licensee is a person who — (a) 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 (b) because of the person's influence, remuneration or function, the Commission determines in the public interest should be designated accordingly. (2) The regulations may — (a) require key employees to be persons who are licensed, provisionally or otherwise, by the Commission; and (b) make provision as to the licensing of key employees, and the conditions and fees applicable to the licensing; and (c) make provision for the disciplinary action that the Commission may take in relation to a key employee including the following — (i) the service of a letter of censure on the employee; (ii) the imposition on the employee of a fine not exceeding $1 000; (iii) the cancellation or suspension of the licence held by the employee. [Section 8 inserted: No. 21 of 2019 s. 47.] 9. Determinations of good repute and public interest (1) In this Part, a determination of whether someone is, or is not, of good repute must be made having regard to the person's character, honesty and integrity. (2) In this Part, a determination whether something relating to a wagering licence is in the public interest must be made having regard to the need for the creation and maintenance of public confidence and trust in the credibility, integrity and stability of the wagering business under the licence. [Section 9 inserted: No. 21 of 2019 s. 47.] Division 2 — Applications for and grant of wagering licences [Heading inserted: No. 21 of 2009 s. 47.] 10. Application for wagering licence (1) The Minister may, in a manner determined by the Minister, invite persons to apply for the grant of a wagering licence. (2) An application for a wagering licence must be — (a) made in a form approved by the Minister; and (b) accompanied by such information and documents as the Minister requires. [Section 10 inserted: No. 21 of 2019 s. 47.] 10A. Grant of wagering licence (1) The Minister may grant a wagering licence on an application under section 10 if the Minister determines that the granting of the licence is in the public interest. (2) In particular, the Minister must consider the following — (a) whether the applicant, and each associate of the applicant, is of good repute; (b) whether the applicant has financial capacity to conduct a wagering business; (c) whether the applicant has the operational capability to conduct the activities to be authorised by the wagering licence; (d) whether the applicant has entered into a wagering licence agreement; (e) whether the applicant has entered into a racing industry arrangement; (f) any consumer protection policy proposed by the applicant; (g) any other matter the Minister considers relevant. (3) The Minister may request the advice of the Commission in determining the application. [Section 10A inserted: No. 21 of 2019 s. 47.] 10B. Fee for wagering licence (1) A wagering licensee must pay a fee for the wagering licence in accordance with the terms of the licence. (2) The wagering licence may specify the fee as 1 or more amounts payable — (a) on the grant of the licence or at a later time or times specified in the licence; or (b) each year for the duration of the licence, at a time or times specified in the licence. (3) An amount referred to in subsection (2) may be — (a) a monetary figure specified in the wagering licence; or (b) the outcome from the application of a formula specified in the licence for calculating the amount. (4) The fee may include 1 or more penalties for late payment. (5) The fee (comprising 1 or more amounts referred to in subsection (2) and any penalties referred to in subsection (4)) may be recovered as a debt due to the State in a court of competent jurisdiction. (6) To the extent that the fee payable under subsection (1) is a tax, this subsection imposes the fee. [Section 10B inserted: No. 21 of 2019 s. 47; amended: No. 22 of 2019 s. 4.] 10C. Duration of wagering licence (1) A wagering licence — (a) takes effect at the time the licence is granted or at a later time specified in the licence; and (b) is valid for 40 years, or any lesser period stated in the wagering licence, unless — (i) cancelled or surrendered earlier in accordance with this Part; or (ii) extended under this section. (2) If invited by the Minister to do so, the wagering licensee may, before the wagering licence expires, apply to the Minister for a licence extension. (3) On application under subsection (2), the Minister may extend the wagering licence for a period determined by the Minister, after consulting — (a) the Commission; and (b) any other person the Minister considers appropriate. (4) A wagering licence may be extended under this section more than once, but the total cumulative period for which a wagering licence may be extended under this section cannot exceed 2 years from the day on which the licence would otherwise expire. (5) A wagering licence cannot be renewed, but a person who holds or has held a wagering licence may apply for a subsequent wagering licence if invited by the Minister to do so. [Section 10C inserted: No. 21 of 2019 s. 47.] 10D. Wagering licence may authorise preparatory action (1) In this section — preparatory action, in relation to a wagering licence — (a) means anything necessary or convenient to be done for the purpose of conducting any activities authorised by the licence; but (b) does not include the acceptance of a bet or the payment of a dividend. (2) This section applies to a wagering licence if the licence takes effect at a time specified in the licence that is later than the time of grant of the licence. (3) The wagering licence may authorise the wagering licensee to take preparatory action from a time specified in the licence (which may be the time of grant) even though the licence has not taken effect. (4) An authorisation under subsection (3) may specify a single time from which any preparatory action may be taken or different times from which different kinds of preparatory action may be taken. (5) A time specified from which preparatory action may be taken must not be more than 18 months before the time the wagering licence takes effect. (6) Despite section 10C(1)(a), the wagering licence is taken to be in effect for the purpose of any preparatory action taken in accordance with an authorisation under subsection (3). (7) No account is to be had to this section in determining the term of the licence under section 10C(1)(b). [Section 10D inserted: No. 21 of 2019 s. 47.] 10E. Transfer of wagering licence (1) A wagering licensee that is a body corporate may, with the approval of the Minister, transfer the wagering licence to a related body corporate as defined in the Corporations Act 2001 (Commonwealth) section 9 (the new licensee). (2) The wagering licensee may apply to the Minister to approve the transfer. (3) The application must be — (a) made at least 60 days before the day of the intended transfer; and (b) made in a form approved by the Minister; and (c) accompanied by such information and documents as the Minister requires. (4) The Minister may approve the transfer if the Minister, after consulting the Commission, determines that the transfer is in the public interest. (5) Section 10A(2) applies to the Minister's approval of the transfer as if a reference in that provision to the applicant were a reference to the new licensee. (6) If the Minister approves the transfer — (a) the Minister may make any necessary amendments to the wagering licence; and (b) any costs incurred by the Minister may be recovered as a debt due to the State in a court of competent jurisdiction; and (c) for the purposes of this Part, the new licensee is taken to have been granted the licence under section 10A. [Section 10E inserted: No. 21 of 2019 s. 47.] 10F. No proprietary right in wagering licence (1) A wagering licence does not confer a right of property and is incapable of being assigned or mortgaged, charged or otherwise encumbered. (2) In accordance with paragraph (d) of the definition of licence in the Personal Property Securities Act 2009 (Commonwealth) section 10, a wagering licence is declared not to be personal property for the purposes of that Act. (3) Nothing in this section prevents a wagering licensee from conducting activities authorised by the wagering licence in the course of a joint venture or other arrangement to which the wagering licensee is a party. [Section 10F inserted: No. 21 of 2019 s. 47.] Division 3 — Conditions of wagering licences [Heading inserted: No. 21 of 2009 s. 47.] 10G. Financial assurance (1) It is a condition of a wagering licence that the wagering licensee must provide financial assurance of a kind, and within the time, specified in the licence. (2) The requirement to provide financial assurance continues to apply during any period of suspension and may, in accordance with the terms of the wagering licence, continue to apply after the licence has — (a) expired; or (b) been cancelled or surrendered. [Section 10G inserted: No. 21 of 2019 s. 47.] 10H. Racing industry arrangement (1) It is a condition of a wagering licence that the wagering licensee must have in place, and give effect to, an arrangement with RWA (a racing industry arrangement) that makes provision for — (a) the wagering licensee to provide funding to RWA; and (b) the wagering licensee to perform other obligations in relation to the racing industry in the State; and (c) any other related matters. (2) A copy of the documents comprising the racing industry arrangement must be provided to the Minister as soon as practicable after the arrangement has been entered into. [Section 10H inserted: No. 21 of 2019 s. 47.] 10I. Consumer protection policy It is a condition of a wagering licence that the wagering licensee must have in place, and give effect to, a policy (a consumer protection policy) approved by the Commission for responsible gambling, harm minimisation and consumer protection. [Section 10I inserted: No. 21 of 2019 s. 47.] 10J. General provisions relating to bets with wagering licensee (1) A wagering licensee, officer, employee or agent of a wagering licensee, or employee of an agent of a wagering licensee, must not accept a bet unless a bet is made in accordance with this section — (a) at a betting agency; or (b) except in the case of a bet on a simulated race, by telephone or electronic communication directly to the wagering licensee. (2) A wagering licensee must not accept a bet involving the provision of credit by the wagering licensee. [Section 10J inserted: No. 21 of 2019 s. 47.] Division 4 — Disciplinary and other actions concerning wagering licences [Heading inserted: No. 21 of 2009 s. 47.] 10K. Commission may take or recommend disciplinary action (1) In this section — direction — (a) means a direction to a wagering licensee under this Part; and (b) includes a direction to a former wagering licensee under section 10P; disciplinary action means action under subsection (4) or (6); grounds, for disciplinary action against a wagering licensee in relation to the licensee's wagering licence, means any of the following — (a) that the wagering licensee has contravened any of the following — (i) a provision of this Act or the Gaming and Wagering Commission Act 1987; (ii) the regulations; (iii) rules of betting; (iv) a condition of the wagering licence; (v) a direction; (vi) the rules or arrangements referred to in section 10S(2); (b) that the wagering licensee has failed to use reasonable endeavours to ensure that an officer, employee, agent or contractor of the wagering licensee does not contravene any of the following — (i) a provision of this Act or the Gaming and Wagering Commission Act 1987; (ii) the regulations; (iii) rules of betting; (iv) a condition of the wagering licence; (v) a wagering licence agreement; (vi) a direction; (vii) the rules or arrangements referred to in section 10S(2); (c) that an associate of the wagering licensee, if an individual, has been convicted of an offence involving fraud or dishonesty the statutory penalty for which is imprisonment for more than 6 months or a fine of $100 000 or more; (d) that the wagering licensee has become an externally administered corporation within the meaning of the Corporations Act 2001 (Commonwealth); (e) that the wagering licensee is not, or is no longer, a suitable person or body to conduct the activities authorised by the wagering licence; (f) that the wagering licensee has failed to discharge the licensee's financial obligations to a person betting with the licensee. (2) The Commission may give a wagering licensee a notice specifying the grounds on which the Commission considers disciplinary action should be taken in relation to the licensee's wagering licence. (3) The wagering licensee may, within 28 days after the notice is given, make submissions to the Commission as to why disciplinary action should not be taken. (4) After considering any submissions made under subsection (3), the Commission may — (a) take either or both of the following actions — (i) give a letter of censure to the wagering licensee; (ii) require the wagering licensee to pay a monetary penalty of up to $1 000 000; or (b) make a written report to the Minister recommending that the Minister take action under section 10L against the licensee. (5) A letter of censure under subsection (4)(a)(i) may — (a) censure the wagering licensee in respect of any matter connected with the management or operation of its wagering business; and (b) include a direction to the wagering licensee to rectify within a specified time any matter giving rise to the letter of censure. (6) If a direction given under subsection (5)(b) is not complied with in the specified time, the Commission may — (a) require the wagering licensee to pay a monetary penalty of up to $1 000 000; or (b) make a written report to the Minister recommending that the Minister take action against the licensee under section 10L. (7) The Commission may require the wagering licensee to pay a monetary penalty under subsection (6)(a) whether or not the Commission has already required the licensee to pay a monetary penalty under subsection (4)(a)(ii) in relation to the same matter. (8) A monetary penalty imposed under this section may be recovered as a debt due to the State in a court of competent jurisdiction. (9) A report under subsection (4)(b) or (6)(b) must include the reasons for the findings and recommendations contained in it. (10) This section, other than subsection (4)(b) and (6)(b), applies with any necessary modifications to a former wagering licensee in respect of grounds for disciplinary action arising in relation to the licensee's former wagering licence. [Section 10K inserted: No. 21 of 2019 s. 47.] 10L. Minister's power to amend, suspend or cancel wagering licence (1) If the Commission makes a report to the Minister under section 10K(4)(b) or (6)(b), the Minister may — (a) take 1 of the following actions — (i) amend the wagering licence; (ii) suspend the licence; (iii) cancel the licence; or (b) if the Minister determines that action under paragraph (a) is not warranted, remit the matter to the Commission with a request that the Commission consider whether action should be taken against the wagering licensee under section 10K(4)(a). (2) In determining whether to take action under this section, the Minister — (a) must take into account whether taking the action is in the public interest; and (b) is entitled to rely on the findings and recommendations in the report of the Commission under section 10K(4)(b) or (6)(b); and (c) is not required to give the wagering licensee a further opportunity to be heard or make submissions. (3) If the Minister remits a matter to the Commission under subsection (1)(b), the Commission is not required to give the wagering licensee a further opportunity to be heard or make submissions before taking action against the licensee under section 10K(4)(a). (4) Cancellation, suspension or amendment of a wagering licence under this section takes effect — (a) when written notice is given to the wagering licensee; or (b) on a later date specified in the notice. [Section 10L inserted: No. 21 of 2019 s. 47.] 10M. Suspension of wagering licence (1) The Minister may, by written notice, suspend a wagering licence under section 10L(1)(a)(ii) — (a) until a date specified in the notice; or (b) if the notice specifies it, until the Minister — (i) is satisfied that a direction under section 10K(5)(b) has been complied with; and (ii) notifies the wagering licensee in writing that the suspension has been lifted. (2) Alternatively, the Minister may partially suspend a wagering licence (for example, in respect of the conduct of a wagering service at a specified racecourse or venue for a specified race or event) until — (a) a date, as referred to in subsection (1)(a); or (b) the happening of an occurrence referred to in subsection (1)(b). [Section 10M inserted: No. 21 of 2019 s. 47.] 10N. Surrender of wagering licence (1) A wagering licensee may surrender the licensee's wagering licence by giving written notice to the Minister. (2) The surrender takes effect only if the Minister consents to the surrender. [Section 10N inserted: No. 21 of 2019 s. 47.] 10O. Appointment of temporary licensee if wagering licence suspended, cancelled, surrendered (1) This section applies if — (a) a wagering licence is suspended, cancelled or surrendered; and (b) the Minister determines that — (i) another person (a temporary licensee), and each associate of the temporary licensee, is of good repute; and (ii) it is otherwise in the public interest to make the appointment. (2) The Minister may, by notice in writing, appoint the temporary licensee to be a wagering licensee. (3) The provisions of this Act, other than sections 10, 10A, 10C, 10K(4)(b) and (6)(b), 10L and 10M, apply, with the necessary modifications, to the temporary licensee as if the temporary licensee had been granted a wagering licence under section 10A. (4) The Minister may impose any conditions on the appointment as the Minister thinks fit. (5) The appointment ends when the first of these things occurs — (a) the period of 2 years after the appointment, or any shorter period specified in the appointment, ends; (b) in the case of a suspended wagering licence, the suspension ends; (c) the Minister terminates the appointment under subsection (6). (6) The Minister may terminate the appointment at any time, as the Minister thinks fit. [Section 10O inserted: No. 21 of 2019 s. 47.] 10P. Directions necessary for transitioning to new wagering licence (1) The Minister may issue to a wagering licensee (a former licensee) any directions necessary to enable the Minister to — (a) grant a wagering licence to another person under section 10A and provide for the transition to the other person of activities conducted under the wagering licence; or (b) appoint a temporary licensee under section 10O and provide for the transition to the temporary licensee of activities conducted under the wagering licence. (2) The directions may be given at any time within 2 years before or 2 years after the cancellation, surrender or expiry, as the case requires, of the former licensee's wagering licence. [Section 10P inserted: No. 21 of 2019 s. 47.] Division 5 — Miscellaneous [Heading inserted: No. 21 of 2009 s. 47.] 10Q. Wagering licence agreements (1) The Minister may enter into an agreement (a wagering licence agreement) with an applicant for a wagering licence, or the wagering licensee, in respect of matters related to the licence. (2) The wagering licence may provide that a contravention of a term of a wagering licence agreement is taken to be a contravention of a condition of the licence and, in that case, the contravention is taken to be a contravention of a condition of the licence for the purposes of determining under section 10K whether there are grounds for disciplinary action against the wagering licensee in relation to the licence. [Section 10Q inserted: No. 21 of 2019 s. 47.] 10R. Minister may amend wagering licence on request (1) A wagering licensee may, by written request to the Minister, propose an amendment to the wagering licence. (2) The Minister must consult the Commission before deciding whether to grant or refuse the request. (3) The Minister must notify the wagering licensee in writing of the Minister's decision in relation to the request. (4) If the Minister decides to approve the requested amendment, the amendment takes effect — (a) when notice of the Minister's decision is given to the wagering licensee; or (b) on a later date specified in the notice. [Section 10R inserted: No. 21 of 2019 s. 47.] 10S. Combined totalisator pool and fixed odds schemes (1) A wagering licensee may operate and participate with other persons approved by the Commission in a combined totalisator pool scheme or combined fixed odds scheme (a scheme) approved by the Commission. (2) Despite any provision of the regulations or rules of betting, and except as provided in subsections (4) and (5), the wagering licensee may, when participating in a scheme — (a) adopt and operate under any rules relating to the operation or administration of the scheme, including in relation to the amount deducted from a bet by way of commission under the scheme; or (b) with the approval of the Commission, make other arrangements for the administration of the scheme. (3) The wagering licensee must ensure that a copy of any rules adopted, or arrangements made, under subsection (2), and any subsequent amendment to those rules or arrangements, is — (a) delivered to the Commission; and (b) published in a manner approved by the Commission. (4) If the Commission determines that the adoption of any rules under subsection (2)(a) or making of any arrangements under subsection (2)(b) is, or will be, detrimental to the public interest, the Commission may, as the case requires and in accordance with the regulations, direct the wagering licensee not to adopt the rules or make the arrangements. (5) The wagering licensee must comply with the direction. [Section 10S inserted: No. 21 of 2019 s. 47.] 10T. Engaging contractors and appointing agents to assist wagering licensee (1) A wagering licence may authorise the wagering licensee to engage a person on contract, or to appoint an agent, to assist in the conduct of the wagering business under the licence. (2) The engagement of a person, or the appointment of an agent, by the wagering licensee does not affect any function or obligation of the wagering licensee under this Part, the wagering licence or a wagering licence agreement. [Section 10T inserted: No. 21 of 2019 s. 47.] 10U. Betting agencies (1) Except as provided in this section and section 10V, a wagering licensee may establish agencies where bets may be made with the wagering licensee. (2) The wagering licensee must not establish a betting agency on a racecourse without the prior approval of the committee or other authority controlling the racecourse. (3) The wagering licensee may establish a betting agency in licensed premises in accordance with an approval under the Liquor Control Act 1988 section 119A. (4) The wagering licensee must not establish a betting agency unless it has given the Commission written notice of its intention to establish the agency. (5) A notice must be given in a form approved by the Commission. (6) A totalisator agency operating immediately before the day on which the TAB (Disposal) Act 2019 section 129 comes into operation is, on and after that day, taken to be a betting agency for the purposes of this Act and subsection (4) does not apply to that agency. [Section 10U inserted: No. 21 of 2019 s. 47.] 10V. Directions relating to betting agencies (1) If the Commission determines that the conduct of betting at a betting agency or a proposed betting agency is, or will be, detrimental to the public interest, the Commission may, as the case requires and in accordance with the regulations, direct the wagering licensee — (a) to close the betting agency; or (b) not to establish the betting agency. (2) The wagering licensee must comply with the direction. [Section 10V inserted: No. 21 of 2019 s. 47.] 10W. Wagering licensee to give notice to Commission about certain matters (1) A wagering licensee must give to the Commission written notice of the following — (a) that the wagering licensee, or an associate or key employee of the wagering licensee, has been convicted of an offence under a written law other than this Act or the Gaming and Wagering Commission Act 1987 or under the law of another State, a Territory or the Commonwealth; (b) that disciplinary action has been taken against the wagering licensee, or an associate or key employee of the wagering licensee, by an equivalent regulator to the Commission in another State or a Territory; (c) any other prescribed matter. (2) For the purposes of subsection (1), the wagering licensee must give the notice within 7 days of becoming aware of the conviction, disciplinary action or other matter. [Section 10W inserted: No. 21 of 2019 s. 47.] 10X. Approval of associates of wagering licensee (1) In this section — associate does not include a person referred to in section 7(2)(c). (2) A wagering licensee must ensure that a person does not — (a) become an associate of the wagering licensee without the approval of the Commission; or (b) remain an associate of the wagering licensee after the approval of the Commission in respect of the person has been withdrawn. (3) A wagering licensee does not contravene subsection (2)(a) if — (a) the wagering licensee did not know, and could not reasonably have known, that the person would become an associate; and (b) as soon as practicable after the person becomes an associate, the wagering licensee — (i) notifies the Commission in writing of the association; and (ii) describes the circumstances giving rise to the association; and (iii) makes an application under subsection (4) in respect of the person. (4) The wagering licensee may apply to the Commission for the approval of a person to become or remain an associate of the wagering licensee. (5) The application — (a) must be in the form approved by the Commission; and (b) must be accompanied by the prescribed fee (if any). (6) In determining the application, the Commission must consider whether the person is of good financial standing and good repute. (7) Before determining the application, the Commission may give written notice to the person in respect of whom the application is made, directing the person to cease or refrain from conduct affecting the good repute of the person. (8) If the Commission refuses to approve an associate referred to in subsection (3), or withdraws an approval in respect of an associate, the Commission must give written notice to the associate and the wagering licensee directing them to terminate their association. (9) Without limiting subsection (8), the notice may — (a) direct the associate to dispose of a financial interest in the wagering business of the wagering licensee; or (b) direct the wagering licensee to remove the associate from a position from which the associate is able to exercise power over the wagering business of the wagering licensee. (10) An associate must comply with a direction under subsection (8) or (9)(a). Penalty for this subsection: a fine of $30 000. (11) A wagering licensee must, as soon as practicable, notify the Commission if a person ceases to be an associate of the wagering licensee. [Section 10X inserted: No. 21 of 2019 s. 47.] 10Y. Commission may give directions to wagering licensee in relation to wagering business (1) The Commission may give a direction to a wagering licensee with respect to the following — (a) systems of internal control and administrative and accounting procedures for the wagering business of the wagering licensee; (b) a consumer protection policy. (2) A direction may be amended by the Commission as the Commission thinks fit. (3) A direction, or an amendment of a direction, has effect when written notice of it is given to the wagering licensee or on a later date specified in the notice. (4) The controls and procedures referred to in a direction, or in an amendment of a direction, may be described in words or represented diagrammatically, or by a combination of both methods. (5) A power of approval, or other function, of the Commission specified in a direction may, if the direction allows it, be exercised or carried out by a person or body to whom it has been delegated under the Gaming and Wagering Commission Act 1987 section 16. (6) A power or function exercised by a delegate under subsection (5) is as effective as if it were exercised by the Commission. [Section 10Y inserted: No. 21 of 2019 s. 47.] 10Z. Disclosure of certain information authorised For the purposes of the Gaming and Wagering Commission Act 1987 section 20(3), the following is, when authorised by the Commission, taken to be a function performed in connection with that Act — (a) the communication of information concerning a person's affairs to another regulatory body established, in Australia or elsewhere, in relation to the administration or control of betting or for law enforcement purposes; (b) the provision of statistical data relating to the operations of a wagering licensee, subject to the agreement of the wagering licensee; (c) compliance with a request by any person, in relation to the affairs of that person relating to betting under this Part. [Section 10Z inserted: No. 21 of 2019 s. 47.] 10ZA. Amount deducted as commission by wagering licensee (1) A wagering licensee may deduct from a bet received by the licensee an amount by way of commission. (2) In relation to a bet with a totalisator, the amount must be — (a) an amount not exceeding that prescribed for the bet; or (b) an amount determined under the rules or arrangements referred to in section 10S(2). (3) A wagering licensee must not deduct an amount from a bet other than in accordance with this section. [Section 10ZA inserted: No. 21 of 2019 s. 47.] 10ZB. Unclaimed moneys (1) In this section — moneys means moneys payable by a wagering licensee by way of totalisator dividends, fixed odds winnings or refunds; Sports Wagering Account means the account established under the Gaming and Wagering Commission Act 1987 section 110A; unclaimed, in relation to moneys, means unclaimed by any person entitled to them for 7 months after the moneys become payable. (2) The wagering licensee must pay moneys unclaimed in respect of bets made on sporting events into the Sports Wagering Account not later than the last business day of the month following the period of 7 months after the moneys become payable. (3) When moneys are paid into the Sports Wagering Account under subsection (2) — (a) the moneys become part of the funds of that Account; and (b) the person who was entitled to claim the moneys has no enforceable claim in respect of the moneys. (4) The wagering licensee must pay moneys that remain unclaimed in respect of bets other than bets made on sporting events to RWA not later than the last business day of the month following the period of 7 months after the moneys become payable. (5) When moneys are paid to RWA under subsection (4), the person who was entitled to claim the moneys has no enforceable claim in respect of the moneys. [Section 10ZB inserted: No. 21 of 2019 s. 47.] 10ZC. Authorisation for Competition and Consumer Act 2010 (Cth) and Competition Code (1) In this section — entering into an arrangement — (a) means entering into the arrangement, whether alone or with others; and (b) includes any discussions and negotiations in respect of the arrangement; giving effect to an arrangement includes — (a) complying with any obligation under the arrangement; and (b) exercising or enforcing any right or power under the arrangement; specified person means any of the following — (a) the Minister; (b) an applicant for a wagering licence, a wagering licensee or a temporary licensee appointed under section 10O; (c) RWA; (d) a licensed racing club; (e) related bodies corporate, as defined in the Corporations Act 2001 (Commonwealth), of the persons specified in paragraphs (a) to (d). (2) For the purposes of the Competition and Consumer Act 2010 (Commonwealth) and the Competition Code of Western Australia, the following things are authorised by this Act — (a) the grant of a wagering licence or appointment of a temporary licensee under section 10O; (b) conduct authorised or required by or under the conditions of a wagering licence or appointment of a temporary licensee under section 10O; (c) the entering into, giving effect to, or amendment or enforcement, by specified persons of any of the following — (i) a wagering licence agreement; (ii) a racing industry arrangement; (iii) an arrangement associated with, and necessary or convenient for giving effect to, the RWA Act section 35(1); (d) a prescribed arrangement or class of arrangement; (e) an arrangement associated with, and necessary or convenient for giving effect to, a licence, appointment or arrangement referred to in this subsection. [Section 10ZC inserted: No. 21 of 2019 s. 47.] 10ZD. Confidential police information (1) This section applies if — (a) the Minister — (i) refuses to grant or extend a wagering licence; or (ii) amends, suspends or cancels a wagering licence; and (b) the decision to do so is made solely or partly on the basis of confidential police information as defined in the Gaming and Wagering Commission Act 1987 section 20A(1). (2) The Minister is not required to give any reasons for the decision other than that the decision is made in the public interest. [Section 10ZD inserted: No. 21 of 2019 s. 47.] Part 2 — Other licences, approvals and permits [Heading inserted: No. 35 of 2003 s. 101(2); amended: No. 21 of 2019 s. 48.] 11. Licences and approvals relating to bookmaking (1) Applications for — (a) a bookmaker's licence by a natural person, a partnership or a body corporate; or (b) a bookmaker's manager licence; or (c) a bookmaker's employee licence; or (d) the renewal of a bookmaker's manager licence or a bookmaker's employee licence; or (e) approval to become a member of a partnership that holds a bookmaker's licence; or (f) approval to occupy a position of authority in a body corporate that holds a bookmaker's licence, may be made to the Commission, which may grant or refuse an application for a licence, renewal or approval. (2) On an application in a form approved by the Commission accompanied by the prescribed fee being lodged with the Commission, and on such supporting information as the Commission may direct being furnished to the satisfaction of the Commission, and in the case of an application for a bookmaker's licence subject also to section 11E(1) or (2), if the case requires, the Commission may grant the application and — (a) issue to the applicant a bookmaker's licence; or (b) issue to the applicant, or renew, a bookmaker's manager licence or a bookmaker's employee licence. (3) A member or officer of the Commission may inspect and take copies of any records produced to the Commission under this Act, for use at the discretion of the Commission. (4) The suspension, cancellation or surrender of a licence does not — (a) affect the validity of a bond or other security entered into for the purposes of this Act by the holder or former holder of the licence, which security shall continue to have effect until discharged by the Commission; or (b) release the holder or former holder of the licence from any obligation in relation to a bet. (5) Where the holder of a licence is convicted of an offence under any other written law, or employs or engages in relation to the business carried on under the licence a person who is so convicted, the holder of the licence shall notify the Commission of the conviction within 7 days of becoming aware of the conviction and shall furnish to the Commission such information regarding that offence and the conviction as the Commission may require. (6) A body corporate that holds a bookmaker's licence must, within 7 days after a person becomes or