Western Australia: Racing and Wagering Western Australia Act 2003 (WA)

Western Australia Racing and Wagering Western Australia Act 2003 Western Australia Racing and Wagering Western Australia Act 2003 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used in this Act 1 Part 2 — Racing and Wagering Western Australia Division 1 — Establishment 4. Racing and Wagering Western Australia established 1 5. RWWA not an agent of the Crown 1 6. RWWA and officers not part of public sector 1 Division 2 — Board of directors 7. Board of directors 1 8. How the board of directors is constituted 1 9. Nomination and selection procedure 1 10. Certain persons not eligible to be a director or a member of a selection panel 1 11. Selection panel 1 12. Eligible bodies 1 13. Failure to nominate, appoint or resign office 1 14. Licensing of directors 1 15. Certain provisions about the board of directors 1 16. Committees 1 17. Remuneration and allowances 1 18. Conflict of duties 1 19. Disclosure of material personal interests 1 Division 3 — Staff 20. Chief executive officer 1 21A. Remuneration of CEO while RWWA is not a Government entity 1 21B. Remuneration of CEO while RWWA is a Government entity 1 21. Role of CEO 1 22. Staff 1 23. Superannuation 1 Division 4 — Conduct and integrity of staff 24. Licensing of key employees 1 25. Duties of CEO and staff 1 Part 3 — Functions of RWWA Division 1 — General provisions 26. General functions 1 27. RWWA can act at its discretion 1 28. Duty to observe policy instruments 1 29. Duty to act on commercial principles 1 Division 2 — General powers and related provisions 30. Powers generally 1 31. Use of names for RWWA and its operations 1 32. Subsidiaries 1 33. Delegation 1 Part 4 — Specialised functions in relation to racing Division 1 — General 34. Terms used in this Part 1 35. Functions in relation to racing in general 1 36. Thoroughbred racing 1 37. Harness racing 1 38. Greyhound racing 1 39. Licensing of racecourses, race meetings, races and tracks 1 40. Registration of racing clubs 1 41. Registration of horses and greyhounds 1 42. Licensing of owners, trainers, jockeys, drivers and associated persons 1 43. Directions by RWWA 1 44. Other disciplinary action that may be taken by RWWA 1 45. Rules of racing 1 46. Production of racing club records to RWWA 1 Division 2 — Integrity Assurance Committee 47. Integrity Assurance Committee 1 48. Constitution of IAC 1 49. Functions of IAC 1 Part 5 — Specialised functions in relation to gambling Division 1 — General 50. Functions of RWWA in relation to gambling 1 51. Establishment of offices and agencies 1 52. Commission may direct RWWA not to establish agency 1 53. Payments to Commission 1 Division 2 — Conduct of wagering 54. RWWA may conduct wagering 1 55. Totalisator and fixed odds wagers authorised 1 56. Wagering on RWWA totalisator or with RWWA is not an offence 1 57. RWWA not precluded from not accepting, or from refunding, wagers 1 Division 3 — Totalisator wagering 58. Wagers transmitted from racing club to RWWA 1 59. Combined totalisator pool schemes 1 60. Payment of refunds and dividends by RWWA 1 Division 4 — Fixed odds wagering 61. Fixed odds wagering arrangements with other persons 1 62. Payment of fixed odds winning by RWWA 1 Division 5 — Miscellaneous 63. Provisions relating to wagers through RWWA 1 64. Wagering accounts 1 65. Minimum amount of a wager 1 Part 6 — Accountability Division 1 — Strategic development plans 66. Draft strategic development plan to be submitted to Minister 1 67. Period to which strategic development plan relates 1 68. Matters to be included in strategic development plan 1 69. Strategic development plan to be agreed if possible 1 70. Minister's powers in relation to draft strategic development plan 1 71. Strategic development plan pending agreement 1 72. Minister's agreement to draft strategic development plan 1 73. Modifications of strategic development plan 1 74. Concurrence of Treasurer 1 Division 2 — Statement of corporate intent 75. Statement of corporate intent to be submitted to Minister 1 76. Period to which statement of corporate intent relates 1 77. Matters to be included in statement of corporate intent 1 78. Minister may request revision of statement of corporate intent 1 79. Statement of corporate intent laid before Parliament 1 80. Modifications of statement of corporate intent 1 Division 3 — Directions, consultation and provision of information 81. Directions to RWWA 1 82. Consultation 1 83. Minister to have access to information 1 84. Minister to be kept informed 1 85. Notice of financial difficulty 1 86. RWWA records 1 Division 4 — Protection from liability 87. Protection for disclosure 1 Part 7 — Financial provisions Division 1 — General 88. Bank account 1 89. Investment 1 90. Reserve accounts 1 91. Payment of outgoings and expenses 1 Division 2 — Loans and grants 92. RWWA may lend or grant money to racing clubs and allied bodies 1 93. Terms and conditions of loan 1 94. Failure to comply with terms and conditions 1 95. Application and security for loan or grant 1 96. Club or allied body may make representations to board 1 Division 3 — Borrowing 97. Borrowing 1 98. Borrowing restrictions 1 99. Hedging transactions 1 Division 4 — Guarantees 100. Guarantees 1 101. Charges for guarantee 1 Division 5 — Financial provisions in relation to wagering 103. Supplementary pool schemes 1 104. Unclaimed dividends, fixed odds winnings and refunds 1 106. Allocation of RWWA's funds after 31 July 2006 1 107A. Distribution of funds from the racing bets levy 1 107B. Allocation and distribution of proportion of funds from betting tax 1 Division 6 — General 108. Application of Financial Management Act 2006 and Auditor General Act 2006 1 Part 8 — Miscellaneous Division 1 — Protection of people dealing with RWWA 109. People dealing with RWWA may make assumptions 1 110. Third parties may make assumptions 1 111. Things that can be assumed 1 112. When those things cannot be assumed 1 Division 2 — Other provisions 113. Entry and inspection of premises 1 115. Miscellaneous offences 1 116. Immunity from certain claims 1 117. Laying documents before House of Parliament that is not sitting 1 118. Execution of documents by RWWA 1 119. Contract formalities 1 120. Rules of wagering 1 121. Regulations 1 122. Review of Act 1 Schedule 1 — Provisions about the constitution and proceedings of RWWA's board of directors 1. Term of office 1 2. Casual vacancies 1 3. Deputy chairperson 1 4. Alternate directors 1 5. Meetings 1 6. Telephone and video meetings 1 7. Resolution may be passed without meeting 1 8. Voting by interested directors 1 9. Minutes of meetings and resolutions 1 10. Leave of absence 1 11. Board to determine own procedures 1 Schedule 2 — Provisions about CEO and staff Division 1 — General duties of CEO 1. Duties of CEO 1 Division 2 — Particular duties stated 2. Terms used in this Division 1 3. Duty to act honestly 1 4. Duty to exercise reasonable care and diligence 1 5. Duty not to make improper use of information 1 6. Duty not to make improper use of position 1 Division 3 — Compensation 7. Payment of compensation may be ordered 1 8. Civil proceedings for recovery 1 Division 4 — Relief from liability 9. Relief from liability 1 10. Application for relief 1 11. Case may be withdrawn from jury 1 12. Compliance with directions 1 Division 5 — Restrictions on indemnities and exemptions 13. Indemnification and exemption of CEO and executive officers 1 14. Insurance premiums for certain liabilities of CEO and executive officers 1 15. Certain indemnities, exemptions, payments and agreements not authorised and certain documents void 1 Schedule 3 — Provisions to be included in constitution of subsidiaries 1. Disposal of shares 1 2. Directors 1 3. Further shares 1 4. Subsidiaries of subsidiary 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Racing and Wagering Western Australia Act 2003 An Act to — • establish Racing and Wagering Western Australia; • authorise the provision and operation of totalisators through RWWA; • make provision for totalisator and other gambling with RWWA, and for related matters. Part 1 — Preliminary 1. Short title This Act may be cited as the Racing and Wagering Western Australia Act 2003. 2. Commencement (1) This Act comes into operation on a day fixed by proclamation. (2) Different days may be fixed under subsection (1) for different provisions. 3. Terms used in this Act (1) In this Act, unless the contrary intention appears — allied body means a body that provides facilities, including training facilities, that are integral to the thoroughbred racing industry, the harness racing industry or the greyhound racing industry; Australian Greyhound Racing Rules means the rules relating to the control of greyhound racing approved by the Australian and New Zealand Greyhound Racing Association (or any successor to that body) as amended and in force from time to time; Australian Rules of Harness Racing means the rules relating to the control of harness racing approved by the Australian Harness Racing Council Inc. (or any successor to that body) as amended and in force from time to time; Australian Rules of Racing means the rules relating to the control of thoroughbred racing approved by the Australian Racing Board (or any successor to that body) as amended and in force from time to time; board means the board of directors of RWWA; CEO means the person holding the office of chief executive officer of RWWA created under section 20; club includes a society or association; combined totalisator pool scheme means a combined totalisator pool scheme in which RWWA participates under section 59; Commission means the Gaming and Wagering Commission established under section 4 of the Gaming and Wagering Commission Act 1987; committee, in relation to a racing club, includes the governing body of the club or a body constituted by the club to make determinations on behalf of the club; Corporations Act means the Corporations Act 2001 of the Commonwealth; Department means the department of the Public Service assisting the Minister in the administration of this Act; director means a director appointed, nominated or selected under section 8; eligible person means a person who is eligible to be appointed, nominated or selected as a director; fixed odds wager means a wager where a fixed amount that will be won if the wager is successful is determined before the wager is accepted; gambling means wagering or gaming; gambling operations means the business of RWWA referred to in section 50(1)(b); gaming has the same meaning as in the Gaming and Wagering Commission Act 1987; greyhound racing means the racing, in competitive pursuit of an artificial lure, of greyhounds registered with the Australian Stud Book maintained by the Australian and New Zealand Greyhound Association or with a registration authority approved by RWWA, and greyhound race and greyhound race meeting have corresponding meanings; harness racing means the racing of horses registered with Harness Racing Australia, or otherwise eligible to race, under the Australian Rules of Harness Racing, and includes pacing and trotting, and harness race and harness race meeting have corresponding meanings; member of staff means a person engaged under section 22; metropolitan region has the meaning given to that term in the Planning and Development Act 2005 section 4; prescribed means prescribed by the regulations; race means a thoroughbred race, a harness race or a greyhound race; racecourse means a racecourse used for races; race meeting means a meeting at which races are held; racing club means a body of persons, corporate or unincorporate, that promotes or holds, or is formed to promote or hold, a race meeting; racing industry means the thoroughbred racing industry, the harness racing industry and the greyhound racing industry, or any of those industries; Racing Infrastructure Fund means the Racing Infrastructure Fund established by the TAB (Disposal) Act 2019 section 27; racing year means a period of 12 months commencing on 1 August; record means any thing or process — (a) upon or by which information is recorded or stored; or (b) by means of which a meaning can be conveyed by any means in a visible or recoverable form, whether or not the assistance of some electronic, electrical, mechanical, chemical or other machine or process is required to convey the information or meaning; rules of racing means rules made under section 45; rules of wagering means rules made under section 120; RWWA means the body corporate called Racing and Wagering Western Australia that is established by section 4; sporting event means — (a) any cricket match or series of cricket matches selected by RWWA; or (b) any match or series of matches selected by RWWA from Australian Rules Football fixtures; or (c) any other event that is prescribed in the rules of wagering or by the regulations as a sporting event, but does not include a race or trial; Sports Wagering Account means the account referred to in section 110A of the Gaming and Wagering Commission Act 1987; subsidiary means — (a) a body determined to be a subsidiary of RWWA under subsection (3); and (b) any interest or other rights of RWWA in a unit trust, joint venture or partnership where the interest or other rights of RWWA in connection with the unit trust, joint venture or partnership entitle RWWA to — (i) control the composition of the governing body of the unit trust, joint venture or partnership; or (ii) cast, or control the casting of, more than one‑half of the maximum number of votes that might be cast at a general meeting of the unit trust, joint venture or partnership; or (iii) control the business affairs of the unit trust, joint venture or partnership; thoroughbred racing means the racing of horses registered with the Registrar of Racehorses, or otherwise eligible to race, under the Australian Rules of Racing, and thoroughbred race and thoroughbred race meeting have corresponding meanings; totalisator means the instrument known as the totalisator and includes — (a) any other machine, instrument or contrivance of a like nature and conducted on the like principles lawfully operated under any Act; (b) any totalisator pool scheme conducted by RWWA under this Act for enabling any number of persons to make wagers with one another on like principles; totalisator agency means any totalisator agency established and operated under this Act, and includes any premises on which wagers may be made on a race or event through or with RWWA; totalisator ticket includes any ticket, card, token or thing — (a) entitling, or purporting to entitle, any person to any interest in any division or distribution of any money by means of or in connection with or as the result of the operations of a totalisator; or (b) issued by RWWA acknowledging that a wager has been made through or with RWWA; Treasurer means Treasurer of the State; trial means an event held for the purpose of testing or training horses or greyhounds for which no prize money, trophy or other reward, gratuity or privilege of more than nominal value is offered; wagering has the same meaning as in the Gaming and Wagering Commission Act 1987; wagering licensee has the meaning given in the Betting Control Act 1954 section 4(1). (2) Without limiting section 46 of the Interpretation Act 1984, unless the contrary intention appears — (a) a reference in this Act to this Act includes a reference to any rules of racing made under, or continued for the purposes of, this Act; and (b) a reference in any other written law to the RWWA Act includes a reference to any rules of racing made under, or continued for the purposes of, this Act. (3) Part 1.2 Division 6 of the Corporations Act applies for the purpose of determining whether a body is a subsidiary of RWWA. [Section 3 amended: No. 35 of 2003 s. 174; No. 38 of 2005 s. 15; No. 21 of 2019 s. 106; No. 53 of 2024 s. 73.] Part 2 — Racing and Wagering Western Australia Division 1 — Establishment 4. Racing and Wagering Western Australia established (1) A body called Racing and Wagering Western Australia is established. (2) RWWA is a body corporate with perpetual succession. (3) Proceedings may be taken by or against RWWA in its corporate name. 5. RWWA not an agent of the Crown RWWA is not an agent of the Crown and does not have the status, immunity, and privileges of the Crown. 6. RWWA and officers not part of public sector (1) RWWA is not, and is not to become, a public sector body under the Public Sector Management Act 1994. (2) Neither the CEO nor any member of staff is to be included in the Senior Executive Service provided for by the Public Sector Management Act 1994. Division 2 — Board of directors 7. Board of directors (1) RWWA is to have a board of directors. (2) The board of directors is the governing body of RWWA and, in the name of RWWA, is to perform RWWA's functions under this Act. 8. How the board of directors is constituted (1) The board of directors is to be constituted by the following directors — (a) the chairperson of the board; (b) one person nominated by eligible thoroughbred racing bodies; (c) one person nominated by eligible harness racing bodies; (d) one person nominated by eligible greyhound racing bodies; (e) 4 persons selected for their expertise in management, finance, business, commerce or information technology. (2) At least one of the persons selected for the purposes of subsection (1)(e) is to have knowledge of, and experience in, regional development. (3) Section 10 specifies persons who are not eligible to be appointed, nominated or selected as a director. (4) The chairperson of the board is to be appointed by the Minister. (5) The persons referred to in subsection (1)(e) are to be selected by a panel established under section 11. (6) A body is eligible for the purposes of paragraph (b), (c) or (d) of subsection (1) if it has been declared to be an eligible body for the purposes of that paragraph under section 12. 9. Nomination and selection procedure (1) The Minister may determine, by order published in the Gazette — (a) the manner in which, and the criteria on which, persons are to be nominated or selected for the purposes of section 8(1); (b) other procedures to be followed for making nominations under section 8(1), and persons nominated or selected under section 8(1) are to be nominated or selected in accordance with that order. (2) A nomination or selection for the purposes of section 8(1) takes effect on a day approved by the Minister. 10. Certain persons not eligible to be a director or a member of a selection panel (1) A person is not eligible to be appointed, nominated or selected as a director under section 8, or as a member of a selection panel under section 11, if the person is any of the following — (a) under the age of 18 years; or (b) a member of staff of RWWA (not including the CEO); or (c) a RWWA agent or a person employed in a RWWA agency; or (ca) a wagering licensee, officer, employee, agent or associate of a wagering licensee, or a person employed in a betting agency, as those terms are defined in the Betting Control Act 1954 section 4(1); (d) an employee or officer of a racing club; or (e) an employee or officer of a body declared to be an eligible body under section 12; or (f) licensed under the Betting Control Act 1954; or (g) currently warned off or disqualified under this Act; or (h) a person whose name is currently on the Forfeits List under the Australian Rules of Racing or the Unpaid Forfeits List under the Rules of Harness Racing or who is currently declared a defaulter under the Rules of Greyhound Racing; or (i) a person who has been refused a licence under section 14 of this Act or has had a licence revoked under section 109K(3) of the Gaming and Wagering Commission Act 1987; or (j) disqualified from managing corporations under Part 2D.6 of the Corporations Act. (2) Without limiting subsection (1), a person is also not eligible to be selected as a director under section 8(1)(e) if the person is or has been, at any time during the preceding 2 years, a member of the committee of a racing club or the holder of an office on the governing body of a body declared to be an eligible body under section 12. (3) If a member of the committee of a racing club or the holder of an office on the governing body of a body declared to be an eligible body under section 12 is appointed or nominated as a director or member of a selection panel, that person cannot take office as a director or member of a selection panel until he or she has resigned from, or otherwise ceased to hold, office as a member of the committee or office holder of the governing body. [Section 10 amended: No. 35 of 2003 s. 174(2); No. 21 of 2019 s. 107.] 11. Selection panel (1) A selection panel is to be established for the purposes of section 8(1)(e) and (5). (2) The selection panel is to comprise the following members — (a) one person appointed by the Minister whom the Minister considers has knowledge and experience in human resource management and senior executive recruitment; (b) one person, not being a director selected under section 8(1)(b), (c) or (d), nominated by the board; (c) one person nominated by eligible thoroughbred racing bodies; (d) one person nominated by eligible harness racing bodies; (e) one person nominated by eligible greyhound racing bodies. (3) Section 10 specifies persons who are not eligible to be appointed or nominated as a member of a selection panel. (4) A body is eligible for the purposes of paragraph (c), (d) or (e) of subsection (2) if it has been declared to be an eligible body for the purposes of that paragraph under section 12. (5) A nomination under subsection (2) — (a) is to be made in writing to the Minister; and (b) takes effect on a date determined by the Minister. (6) The Minister may direct by written notice that part or all of an order published under section 9(1) applies in respect of nominations under this section. (7) The members of the selection panel are to appoint a member as chairperson. (8) Subject to subsections (9) and (10), a person remains on the selection panel for such period, not exceeding 3 years, as is specified by the Minister, and is eligible for reappointment or renomination as the case requires. (9) A person may resign from the selection panel by written notice to the Minister. (10) The Minister may by written notice remove a person from the selection panel. (11) The selection panel may determine its own procedures. [Section 11 amended: No. 8 of 2007 s. 24.] 12. Eligible bodies RWWA is to declare, by written notice, which bodies are eligible bodies for the purposes of section 8(1)(b), (c) and (d) and section 11(2)(c), (d) and (e). [Section 12 amended: No. 8 of 2007 s. 25.] 13. Failure to nominate, appoint or resign office (1) If — (a) an eligible body or group of eligible bodies fails to nominate an eligible person under section 8(1)(b), (c) or (d) or section 11(2)(c), (d) or (e); or (b) the board of RWWA fails to nominate a person under section 11(2)(b) or appoint a person under Schedule 1 clause 3(1), within 30 days after receiving a written request from the Minister, the Minister may nominate an eligible person as a director or member or appoint a person as deputy chairperson, as the case requires, and the person so nominated or appointed is taken for all purposes to have been nominated by the relevant body or appointed by the Minister, as the case requires. (2) If a person appointed or nominated as a director, or member of a selection panel, fails to resign from or cease to hold office as a member or holder of an office as mentioned in section 10(3) within 30 days of the appointment or the day determined by the Minister as the day on which the nomination takes effect, the Minister may appoint or nominate another eligible person as director or member, as the case requires, and the person so appointed or nominated is taken for all purposes to have been appointed or nominated under the relevant provision of this Act. 14. Licensing of directors (1) The Commission may, in accordance with the regulations, license, or refuse to license, a director. (2) The Commission may carry out such investigations as it considers necessary and desirable for the purposes of satisfying itself that a person is a suitable person to be licensed as a director. (3) Without limiting the matters that may be investigated under subsection (2), investigations made under that subsection must include such investigations as the Commission considers necessary or desirable to inform itself of — (a) the reputation, financial status, and capacity to be concerned in the management of RWWA of the director; and (b) such other matters as may be prescribed. (4) The director must provide the Commission with the information and records — (a) the Commission requires for the purposes of the investigation; and (b) the person is able to provide. (5) A licence may be revoked under section 109K(3) of the Gaming and Wagering Commission Act 1987. [Section 14 amended: No. 35 of 2003 s. 174(2).] 15. Certain provisions about the board of directors Schedule 1 applies in relation to the board of directors. 16. Committees (1) The board may — (a) appoint committees of directors or other persons; and (b) discharge, alter or reconstitute any committee. (2) A committee is to comply with any direction or requirement of the board. (3) A committee may, with the approval of the board, invite any person, including a member of staff, to participate in a meeting of the committee but such a person cannot vote on any resolution before the committee. (4) Subject to subsection (2), a committee may determine its own procedures. 17. Remuneration and allowances (1) A director, a member of a selection panel appointed under section 11 or a member of a committee appointed under section 16 or 47 is to be paid out of the funds of RWWA remuneration and allowances determined by the Minister. (2) Subject to subsections (3) and (4), the same rates of remuneration and the same allowances are to apply to all the directors. (3) Remuneration is not to be paid to a director who holds a full‑time office or position that is remunerated out of moneys appropriated by Parliament. (4) Despite subsection (2) — (a) the chairperson is to be paid out of the funds of RWWA additional remuneration and allowances determined by the Minister; and (b) the deputy chairperson is to be paid additional remuneration and allowances out of the funds of RWWA if, and to the extent that, the Minister determines; and (c) if a director is a member of a selection panel under section 11 or a committee under section 16 or 47, the director is to be paid additional remuneration and allowances out of the funds of RWWA if, and to the extent, that the Minister determines. [Section 17 amended: No. 8 of 2007 s. 26.] 18. Conflict of duties (1) When performing a function under this Act a director is to put the interests of RWWA ahead of the interests of any body that nominated the director. (2) If a person is both a public service officer and a director — (a) the person's duties as a director are to prevail if a conflict arises between those duties and the person's other duties as a public service officer; and (b) the person does not have any immunity of the Crown in respect of the duties and liabilities imposed on directors by this Act. (3) In this section — public service officer means a person who is employed in the Public Service under Part 3 of the Public Sector Management Act 1994. 19. Disclosure of material personal interests (1) A director who has a notifiable interest in a matter involving RWWA must, as soon as possible after the relevant facts have come to the director's knowledge, disclose the nature of the interest at a meeting of the board. Penalty for this subsection: a fine of $5 000. (2) A disclosure under subsection (1) is to be recorded in the minutes of the meeting. (3) In subsection (1) — notifiable interest means an interest in the matter that will, under Schedule 1 clause 8(1), disqualify the director from voting on the matter at a meeting of the board unless allowed to do so by resolution under clause 8(3) or a declaration under clause 8(6). [Section 19 amended: No. 21 of 2019 s. 108.] Division 3 — Staff 20. Chief executive officer (1) RWWA is to have a chief executive officer. (2) The powers — (a) to appoint and remove the CEO; and (b) subject to sections 21A and 21B, to fix and alter the terms and conditions of service of the CEO, are vested in the board. (3) The CEO may resign from office by giving written notice to the board. (4) The right to resign under subsection (3) must be exercised in accordance with the terms and conditions of service of the CEO. (5) The board may appoint a person to act in the office of CEO during any period when the CEO is, or is expected to be, absent from the State or on leave or unable for any other reason to carry out the duties of office. (6) Sections 21A and 21B apply to a person appointed under subsection (5) to act in the office of CEO as if the references in those provisions to the CEO were references to the person so acting. [Section 20 amended: No. 46 of 2016 s. 26.] 21A. Remuneration of CEO while RWWA is not a Government entity (1) In this section — remuneration has the meaning given in the Salaries and Allowances Act 1975 section 4(1). (2) This section applies when RWWA is not a Government entity as defined in the Salaries and Allowances Act 1975 section 7BA. (3) The remuneration, including any variation to the remuneration, of the CEO is to be determined by the board on the recommendation of the Minister. (4) Subsection (3) — (a) applies regardless of whether the CEO was appointed on, before or after the day on which the Executive Officer Remuneration (Government Entities) Legislation Amendment Act 2016 Part 3 comes into operation; but (b) does not require the board to re‑determine the remuneration of the person who, immediately before that day, holds office as the CEO. [Section 21A inserted: No. 46 of 2016 s. 27; amended: No. 13 of 2023 s. 245.] 21B. Remuneration of CEO while RWWA is a Government entity (1) In this section — remuneration has the meaning given in the Salaries and Allowances Act 1975 section 4(1). (2) This section applies when RWWA is a Government entity as defined in the Salaries and Allowances Act 1975 section 7BA. (3) The remuneration of the CEO who is an executive officer, as defined in the Salaries and Allowances Act 1975 section 7C(1), is to be set by the board within the range determined by the Salaries and Allowances Tribunal section 7C(2) of that Act. (4) Any variation to the remuneration of the CEO who, because of the Salaries and Allowances Act 1975 section 7C(4) is not an executive officer as defined in section 7C(1) of that Act, is to be determined by the board on the recommendation of the Minister. [Section 21B inserted: No. 46 of 2016 s. 27; amended: No. 13 of 2023 s. 246.] 21. Role of CEO Subject to the control of the board, the CEO is responsible for, and has all the powers needed to administer, the day to day operations of RWWA. 22. Staff (1) The power to engage and manage the staff of RWWA is vested in the board. (2) The power conferred by subsection (1) — (a) includes powers to determine remuneration and other terms and conditions of service of staff, to remove, suspend and discipline staff and to terminate the employment of staff; and (b) does not preclude the delegation of any matter under section 33. (3) The remuneration of and other terms and conditions of employment of staff are not to be less favourable than is provided for in — (a) an applicable award, order or agreement under the Industrial Relations Act 1979; or (b) the Minimum Conditions of Employment Act 1993. 23. Superannuation (1) RWWA may grant, or make provision for the grant of, retirement benefits to members or former members of staff and their dependants and for that purpose may, subject to section 30 of the State Superannuation Act 2000 — (a) establish, manage and control; or (b) enter into an arrangement with any body for the establishment, management and control by that body either alone or jointly with RWWA of, any fund or scheme for the purpose of providing for such retirement benefits. (2) RWWA may make contributions to any fund or scheme referred to in subsection (1). (3) In subsection (1) — members of staff includes the CEO. (4) Nothing in this section affects the operation of the State Superannuation Act 2000 in relation to RWWA or members or former members of staff or their dependants. Division 4 — Conduct and integrity of staff 24. Licensing of key employees (1) The regulations may — (a) require RWWA key employees to be persons who are licensed, provisionally or otherwise, by the Commission; and (b) make provision as to the licensing of RWWA key employees; and (c) make provision as to the conduct of persons as RWWA key employees. (2) In this section — public interest means public interest having regard to the creation and maintenance of public confidence and trust in the credibility, integrity and stability of RWWA's gambling operations; RWWA key employee means a person — (a) who, whether or not employed or working for RWWA, is empowered to make decisions, involving the exercise of that person's discretion, that regulate the gambling operations of RWWA; or (b) who, because of that person's influence, remuneration or function, the Commission determines in the public interest should be designated as such. [Section 24 amended: No. 8 of 2007 s. 27.] 25. Duties of CEO and staff (1) Schedule 2 has effect in relation to the CEO, former CEOs, members of staff and former members of staff. (2) For the purposes of Schedule 2, the board may designate a member of staff as an executive officer by resolution — (a) passed by the board; and (b) notified in writing to the member of staff, and may in the same manner revoke such a designation. Part 3 — Functions of RWWA Division 1 — General provisions 26. General functions (1) RWWA has — (a) the functions conferred or imposed on it by or under this Act or any other written law; and (b) such other functions as may be prescribed. (2) RWWA may affiliate with such organisations, whether in or out of the State, as RWWA considers appropriate. (3) RWWA may perform any of its functions in the State or elsewhere. 27. RWWA can act at its discretion The conferral of a function on RWWA does not impose a duty on RWWA to do any particular thing and, subject to any enactment, it has a discretion as to how and when it performs the function. 28. Duty to observe policy instruments RWWA is to perform its functions in accordance with its strategic development plan and its statement of corporate intent as existing from time to time. 29. Duty to act on commercial principles (1) RWWA in performing its functions must — (a) act in accordance with prudent commercial principles; and (b) endeavour to make a profit. (2) If there is any conflict or inconsistency between the duty imposed under subsection (1) and the duty imposed by section 28, the duty imposed by section 28 prevails. Division 2 — General powers and related provisions 30. Powers generally (1) RWWA has all the powers it needs to perform its functions. (2) RWWA may for the purpose of performing a function — (a) acquire, hold, maintain, manage, improve, develop, and dispose of real or personal property; and (b) enter into any contract or arrangement including a contract or arrangement with any person for the performance of the function by that person on behalf of RWWA; and (c) produce and deal in any equipment, facilities or system associated with, the performance of the function; and (d) apply for the grant of any licence or other authority; and (e) acquire, establish and operate — (i) any undertaking necessary or convenient for the performance of the function; and (ii) any associated undertaking; and (f) appoint agents or engage persons under contracts for services to provide professional, technical or other assistance to RWWA; and (g) participate in any business arrangement and acquire, hold and dispose of shares, units or other interests in, or relating to, a business arrangement; and (h) carry out any investigation, survey, exploration or feasibility study; and (i) collaborate in, carry out, or procure the carrying out of, research and publish information that results from the research; and (j) develop and turn to account any technology, software or other intellectual property that relates to the function and, for that purpose, apply for, hold, exploit and dispose of any patent, patent rights, copyright or similar rights; and (k) promote and market RWWA and its activities. (3) Subsection (2) does not limit subsection (1) or any of RWWA's other powers. (4) RWWA may — (a) make gifts for charitable purposes or for other purposes of benefit to the community or a section of the community; and (b) make any ex gratia payments that it considers to be in RWWA's interest; and (c) accept any gift, devise or bequest if it is absolute, or subject to conditions that are within RWWA's functions. (5) In this section — business arrangement means a company, a partnership, a trust, a joint venture or an arrangement for sharing profits; participate includes form, promote, establish, enter, manage, dissolve, wind up, and do things incidental to participating in a business arrangement. [Section 30 amended: No. 70 of 2006 s. 14; No. 29 of 2009 s. 23.] 31. Use of names for RWWA and its operations (1) RWWA may use and operate under one or more trading names, being — (a) an abbreviation or adaptation of the name given by section 4(1); or (b) any other name. (2) Without limiting subsection (1), RWWA may carry on its gambling operations under the trading name "TAB". 32. Subsidiaries (1) RWWA must advise the Minister before it acquires a subsidiary or enters into any transaction that will result in the acquisition of a subsidiary. (2) RWWA must ensure that the constitution of every subsidiary of RWWA that under a written law or the Corporations Act is required to have a constitution — (a) contains provisions to the effect of those required by Schedule 3; and (b) is consistent with this Act; and (c) is not amended in a way that is inconsistent with this Act. (3) RWWA must, to the maximum extent practicable, ensure that every subsidiary of RWWA complies with its constitution and with this Act. (4) The provisions of this Act prevail to the extent of any inconsistency with the constitution of any subsidiary of RWWA. (5) A director, the CEO or a member of staff may with the approval of RWWA become — (a) a member of the management committee of an incorporated association; or (b) a director of a company, that is or is to be a subsidiary of RWWA and may represent the interests of RWWA on that committee or the board of directors of that company. (6) Neither subsections (2) and (3), nor provisions referred to in subsection (2)(a) included in the constitution of a subsidiary, make RWWA or the Minister a director of a subsidiary for the purposes of the Corporations Act. (7) This section and Schedule 3 are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to the Corporations legislation as defined in section 9 of the Corporations Act. [Section 32 amended: No. 30 of 2015 s. 227.] 33. Delegation (1) RWWA may delegate any power or duty of RWWA under another provision of this Act or any other written law. (2) A delegation under subsection (1) may be made to — (a) a director or directors; or (b) the CEO; or (c) a member of staff; or (d) a committee established under section 16 or 47; or (e) any other person. (3) The delegation must be in writing executed by RWWA. (4) The delegation may expressly authorise the delegate to further delegate the power or duty. (5) A person exercising or performing a power or duty as authorised under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown. (6) Nothing in this section limits the ability of RWWA to act through an officer or agent. (7) This section does not apply to the execution of documents but authority to execute documents on behalf of RWWA can be given under section 118. Part 4 — Specialised functions in relation to racing Division 1 — General 34. Terms used in this Part In this Part a reference to a person associated with racing is a reference to the following — (a) a person who handles horses at a thoroughbred race or harness race; (b) a person who handles greyhounds at a greyhound race; (c) a breeder of horses for thoroughbred or harness racing; (d) a greyhound breeder; (e) a person who is an officer or employee of a racing club or is otherwise concerned in the management or control of any such club; (f) any other person prescribed for the purposes of this section. 35. Functions in relation to racing in general (1) Without limiting the functions of RWWA under Parts 3 and 5, it is a function of RWWA — (a) to control, regulate and supervise racing in the State; and (b) to foster the development, promote the welfare and ensure the integrity of metropolitan and country thoroughbred racing, harness racing and greyhound racing, in the interests of the long term viability of the racing industry in Western Australia; and (ba) to enter into contracts or arrangements for the commercial exploitation of information held by RWWA relating to the racing industry in Western Australia; and (bb) to enter into a racing industry arrangement, as defined in the Betting Control Act 1954 section 10H(1), with the wagering licensee; (c) to undertake and manage racing industry strategic planning, promotion, marketing, sponsorship and administration; and (d) to supervise racing clubs and their affairs; and (e) to make loans or grants to racing clubs and allied bodies for purposes specified in Part 7 Division 2; and (f) to determine the race meetings on which RWWA will conduct off‑course wagering; and (fa) to coordinate an annual programme of race meetings; and (fb) to administer the Racing Infrastructure Fund; and (g) in consultation with racing clubs, to establish policies for stake money levels and race conditions and programs; and (h) to establish policies for, and manage the provision of, programs for apprentice jockey, trainee driver and other racing industry training requirements; and (i) to endeavour to ensure that racing industry issues such as insurance, broadcasting of race meetings and the establishment and maintenance of training facilities are carried out in an appropriate and adequate manner; and (j) to liaise with government and other authorities, whether in or out of Western Australia, with respect to, and to represent the interests of, the racing industry in Western Australia. (2) Nothing in this Act confers on RWWA power to conduct race meetings on its own behalf. [Section 35 amended: No. 70 of 2006 s. 15; No. 21 of 2019 s. 109.] 36. Thoroughbred racing (1) Subject to this Act, RWWA has all the functions of the principal club for Western Australia and committee of the principal club for Western Australia under the Australian Rules of Racing. (2) The functions of RWWA in relation to thoroughbred racing are not limited by the Australian Rules of Racing. (3) The body known as The Western Australian Turf Club ceases to have the functions that are solely the functions of the principal club for Western Australia or committee of the principal club for Western Australia under the Australian Rules of Racing. [Section 36 amended: No. 21 of 2019 s. 110.] 37. Harness racing (1) Subject to this Act, RWWA has all the functions of the controlling body for Western Australia under the Australian Rules of Harness Racing. (2) The functions of RWWA in relation to harness racing are not limited by the Australian Rules of Harness Racing. (3) The Western Australian Trotting Association constituted under the Western Australian Trotting Association Act 1946 ceases to have the functions that are solely the functions of the controlling body for Western Australia under the Australian Rules of Harness Racing. [Section 37 amended: No. 21 of 2019 s. 111.] 38. Greyhound racing (1) Subject to this Act, RWWA has all the functions of the racing authority and registration authority for Western Australia under the Australian Greyhound Racing Rules. (2) The functions of RWWA in relation to greyhound racing are not limited by the Australian Greyhound Racing Rules. (3) The Western Australian Greyhound Racing Association established under the Western Australian Greyhound Racing Association Act 1981 ceases to have the functions that are solely the functions of the racing authority and registration authority for Western Australia under the Australian Greyhound Racing Rules. [Section 38 amended: No. 21 of 2019 s. 112.] 39. Licensing of racecourses, race meetings, races and tracks (1) RWWA may, in accordance with the rules of racing and the regulations, license or refuse to license — (a) a racecourse; and (b) a race meeting; and (c) a race; and (d) training and trial tracks. (2) An application for a licence is to be made by a racing club or an allied body in a form approved by RWWA. (3) A licence may be issued subject to such conditions as RWWA determines. (4) RWWA may, in accordance with the rules of racing and the regulations, suspend or cancel a licence issued under subsection (1). 40. Registration of racing clubs (1) RWWA may, in accordance with the rules of racing and the regulations, register or refuse to register a racing club. (2) An application for registration is to be made in a form approved by RWWA. (3) Registration may be issued subject to such conditions as RWWA determines. (4) RWWA may, in accordance with the rules of racing and the regulations, suspend or cancel the registration of a racing club. 41. Registration of horses and greyhounds (1) RWWA may, in accordance with the rules of racing and the regulations, register or refuse to register — (a) any thoroughbred racing horse; or (b) any harness racing horse; or (c) any greyhound. (2) An application for registration is to be made in a form approved by RWWA. (3) Registration may be issued subject to such conditions as RWWA determines. (4) RWWA may, in accordance with the rules of racing and the regulations, suspend or cancel the registration of any animal under this section. 42. Licensing of owners, trainers, jockeys, drivers and associated persons (1) In this section — licence includes an approval or permit. (2) RWWA may, in accordance with the rules of racing and the regulations, license or refuse to license — (a) any owner or trainer of thoroughbred racing horses, harness racing horses or greyhounds; or (b) any jockey, apprentice jockey or track work rider; or (c) any driver of harness racing horses; or (d) any other person associated with racing. (3) An application for a licence is to be made in a form approved by RWWA. (4) A licence may be issued subject to such conditions as RWWA determines. (5) RWWA may, in accordance with the rules of racing and the regulations, suspend or cancel the licence of any person under this section. 43. Directions by RWWA (1) RWWA may give directions to a racing club or an allied body to carry out works to improve safety at a racecourse or training track. (2) A racing club or an allied body must comply with a direction under subsection (1). (3) A direction may be given to a racing club or an allied body under subsection (1) whether or not an application for assistance under Part 7 Division 2 by that racing club or allied body is being considered, or has been granted, by RWWA. (4) For the purposes of subsection (1) RWWA may — (a) call for submissions from jockeys and drivers as to safety issues; and (b) consider safety issues raised by jockeys and drivers. 44. Other disciplinary action that may be taken by RWWA (1) RWWA may, in accordance with the rules of racing and the regulations, do all or any of the following — (a) disqualify, either permanently or temporarily — (i) any owner or trainer of thoroughbred racing horses, harness racing horses or greyhounds; or (ii) any jockey; or (iii) any driver of harness racing horses; or (iv) any other person associated with racing; (b) prohibit any person from participating in or associating with racing in any specified capacity; (c) prohibit any horse from participating in a thoroughbred or harness race or trial; (d) prohibit any greyhound from participating in a greyhound race or trial; (e) prohibit any person from attending or taking part in a race meeting or entering upon and remaining on a racecourse at which racing is conducted or any licensed racecourse; (f) impose fines of up to $100 000 for breaches of the rules (other than breaches by persons who are only bound by the rules by reason of section 45(6)(g)), and recover those penalties; (g) suspend, for such term as RWWA thinks fit, any right or privilege conferred under this Act on any owner or trainer of thoroughbred racing horses, harness racing horses or greyhounds, jockey, driver of harness racing horses or other person associated with racing; (h) impose non‑pecuniary penalties for breaches of the rules. (2) A fine imposed under subsection (1)(f) is to be paid to and be the property of RWWA. 45. Rules of racing (1) RWWA may make rules of racing with respect to the control, regulation and supervision of — (a) thoroughbred racing (the Rules of Thoroughbred Racing); and (b) harness racing (the Rules of Harness Racing); and (c) greyhound racing (the Rules of Greyhound Racing), that are required or permitted by this Act to be made or that RWWA considers necessary or convenient for the performance of its functions and the exercise of its powers. (2) Without limiting subsection (1), RWWA may make rules of racing for or with respect to — (a) any of the matters referred to in section 39, 40, 41, 42 or 44; and (b) the effect of a disqualification of, or other penalty imposed on, a person, horse or greyhound under section 44(1)(a); and (c) the holding and conduct of race meetings and of races at any such meeting; and (d) the holding and conduct of trials and jump‑outs at a racecourse or a training or trial track; and (e) the keeping of horses and greyhounds which are in the care or custody of persons licensed under this Act; and (f) the breeding of thoroughbred racing horses, harness racing horses and greyhounds; and (g) the naming and identification of thoroughbred racing horses, harness racing horses and greyhounds; and (h) prizes for races; and (i) fees and charges to be paid to RWWA in respect of licensing, registration, the services of stewards and other matters under this Act, and the recovery of fees and charges; and (j) the appointment of stewards; and (k) the powers and duties of — (i) stewards and other officers, employees and agents of RWWA in relation to racing; and (ii) racing clubs and their managing bodies, members, officers, employees and agents; and (l) the extent to which and circumstances in which stewards may exercise their functions to the exclusion of managing bodies, members, officers, employees and agents of racing clubs. (3) Without limiting the operation of subsections (1) and (2), rules of racing may — (a) authorise a steward or other officers or employees of RWWA to — (i) impose pecuniary and non‑pecuniary penalties as referred to in section 44; and (ii) prohibit any person from entering upon and remaining on a racecourse or a trial track; (b) subject to the Racing Penalties (Appeals) Act 1990, provide for appeals to RWWA from decisions made under paragraph (a). (4) A provision of the rules of racing may authorise any matter or thing to be from time to time determined, applied, approved or regulated by any specified person or body. (5) Rules of racing may adopt, either wholly or in part and either specifically or by reference, the Australian Rules of Racing, the Australian Rules of Harness Racing, the Australian Greyhound Racing Rules and any other rules or standards, codes or specifications — (a) as at the time the rules of racing are made or at any time before then; or (b) as amended from time to time. (6) Rules of racing apply to, and are binding on — (a) RWWA, the board, directors, stewards and other officers, employees and agents of RWWA; and (b) racing clubs and their managing bodies, members, officers, employees and agents; and (c) persons having the management and control of racecourses or trial tracks and their employees and agents; and (d) trainers, owners and lessees of horses or greyhounds and their employees and agents; and (e) bookmakers, bookmakers' managers and bookmakers' employees who hold licences under the Betting Control Act 1954 and who accept wagers at racecourses; and (f) jockeys, drivers, stablehands, attendants and all other persons participating in, or associated with the keeping, training and racing of horses or greyhounds; and (g) all persons attending race meetings or trials or wagering at race meetings. (7) Notice of the making of rules of racing is to be published in the Gazette. (8) A notice under subsection (7) must either set out the text of the rules of racing or state where a copy of the rules may be obtained. (9) Rules of racing come into operation on the day of publication of the notice referred to in subsection (7) or such later day as is provided for in the rules of racing. (10) Sections 41, 42 and 43(6) of the Interpretation Act 1984 do not apply to rules of racing. (11) To the extent that a rule of racing is inconsistent with a regulation, the regulation prevails. 46. Production of racing club records to RWWA (1) RWWA may at any time, by written notice, give a direction to — (a) a racing club; or (b) a person who is or has been an officer or employee of, or an agent, banker, solicitor, auditor or other person acting in any capacity for or on behalf of, a racing club (including such a club that is in the course of being wound up or has been dissolved), requiring the production, at such time and place as are specified in the direction, of such records relating to the affairs of the racing club as are so specified. (2) Where any records relating to the affairs of a racing club are compiled, recorded or stored by means of a mechanical, electronic or other device, a direction under subsection (1) may require the production of a document containing a clear reproduction in writing of the whole or any part of those records. (3) A person must not, when required under subsection (1) to produce a record — (a) refuse or neglect to produce the record; or (b) produce a record that contains information that to the person's knowledge is false or misleading in a material particular unless the person discloses that fact when producing the record. Penalty for this subsection: a fine of $5 000. (4) A reference in this section to the affairs of a racing club is a reference to the affairs of the club that relate, directly or indirectly, to racing. [Section 46 amended: No. 21 of 2019 s. 113.] Division 2 — Integrity Assurance Committee 47. Integrity Assurance Committee (1) The board must establish a committee called the Integrity Assurance Committee (the IAC). (2) The board may alter or reconstitute the IAC at any time. 48. Constitution of IAC (1) The board is to determine the qualifications and disqualifications for membership of the IAC and in doing so is to have particular regard to the need to minimise conflicts of interest, such as might arise from a person's — (a) ownership of horses or greyhounds currently in work; or (b) professional involvement in race preparation; or (c) professional or commercial dealings with any person who holds a licence issued by RWWA or with a racing club. (2) The IAC may, with the approval of the board, invite any person, including a member of staff, to participate in a meeting of the IAC but such a person cannot vote on any resolution before the IAC. (3) Subject to subsection (2), the IAC may determine its own procedures. 49. Functions of IAC (1) The IAC has primary oversight of those aspects of RWWA's functions that relate to — (a) stewards; and (b) drug testing and control; and (c) licensing and registration; and (d) handicapping; and (e) racing appeals. (2) The IAC — (a) is to advise RWWA on the matters for which the IAC has primary oversight; and (b) has such other functions as RWWA may confer on it. (3) The IAC is to comply with any direction or requirement of the board. Part 5 — Specialised functions in relation to gambling Division 1 — General 50. Functions of RWWA in relation to gambling (1) Without limiting the functions and powers of RWWA under Parts 3 and 4, the functions of RWWA in relation to gambling include the following — (a) to ensure that on‑course wagering by bookmakers and racing club totalisators is conducted in accordance with the Betting Control Act 1954 and the rules of wagering; (b) to carry on — (i) the business of operating an off‑course totalisator wagering service on races and certain sporting and other events; (ii) the business of operating an on‑course totalisator wagering service on behalf of racing clubs where it has been engaged to do so; (iii) the business of setting, accepting and making fixed odds wagers in relation to races and certain sporting and other events; (iv) any other business related to gambling authorised under this Act to be carried on by RWWA; (v) any other business considered by the board to be conducive to the success of or incidental to the business of gambling carried on by RWWA, but so that such other business is not conducted to the detriment of the business of gambling carried on by RWWA or in a manner which confers an unfair commercial advantage; (c) to develop and implement a scheme for the distribution of net profits and to negotiate funding arrangements with individual racing clubs. [(2) deleted] [Section 50 amended: No. 32 of 2014 s. 9.] 51. Establishment of offices and agencies (1) Subject to subsections (2) and (3) and section 52, for the purposes of this Part RWWA may — (a) establish offices and totalisator agencies where wagers may be made — (i) on a totalisator through or with RWWA; or (ii) with RWWA; and (b) purchase or take on lease or license any land, building or premises, erect buildings and equip, fit and furnish buildings or premises as offices and totalisator agencies; and (c) enter into any agency contracts or other contracts or arrangements. (2) RWWA must not establish a totalisator agency on a racecourse without the prior approval of the committee or other authority controlling the racecourse. (3) RWWA must not establish a totalisator agency in licensed premises unless the portion of those premises which is to be used as a totalisator agency is clearly defined. 52. Commission may direct RWWA not to establish agency (1) RWWA must not establish a totalisator agency under section 51 unless it has given the Commission written notice of its intention to establish the totalisator agency. (2) A notice under subsection (1) must be given in the manner prescribed and include the matters prescribed. (3) If, in the opinion of the Commission, the conduct of gambling at a totalisator agency or a proposed totalisator agency is, or will be, detrimental to the public interest, the Commission may, in accordance with the regulations, direct RWWA to close the totalisator agency or not to establish the totalisator agency. (4) RWWA must comply with a direction of the Commission under subsection (3). 53. Payments to Commission RWWA must, in the prescribed manner, pay to the Commission an annual fee, to meet the costs of the Commission in regulating RWWA operations, of such an amount as may be — (a) determined by the Commission; and (b) approved by the Minister. Division 2 — Conduct of wagering 54. RWWA may conduct wagering (1) In this section — race does not include a trial or training race. (2) RWWA may conduct — (a) totalisator wagering and fixed odds wagering on — (i) any race or series of races, whether conducted in Western Australia or elsewhere; and (ii) any sporting event or series of sporting events, whether conducted in Western Australia or elsewhere; and (iii) any other event or type of event, whether conducted in Western Australia or elsewhere; and (iv) any contingency of, or relating to, a race, sporting event or other event or type of event; and (b) totalisator and fixed odds wagering on games known as Favourite Numbers and Sweepstakes and any other game. (3) Despite subsection (2), RWWA must not conduct wagering on a particular race, sporting event, event, contingency or game if, in the opinion of the Commission — (a) it would not be in the public interest to conduct wagering on that race, sporting event, event, contingency or game; or (b) the race, sporting event, event, contingency or game itself would not be in the public interest. (4) The Commission may reach an opinion under subsection (3) in respect of totalisator wagering or fixed odds wagering or both of them. (5) Wagering authorised under this section must be conducted in accordance with the regulations and the rules of wagering. 55. Totalisator and fixed odds wagers authorised (1) Despite any other law — (a) totalisator wagers under section 54 may be lodged with, and received by or on behalf of, RWWA for — (i) inclusion in a totalisator pool conducted by RWWA; or (ii) at the board's discretion, transmission of all or any of the wagers by RWWA to a combined totalisator pool scheme operated by a person approved under section 59; and (b) subject to section 17E of the Betting Control Act 1954, dividends may be paid by RWWA in respect of those wagers, at offices and totalisator agencies established by RWWA under section 51. (2) Despite any other law — (a) fixed odds wagers under section 54 may be lodged with and received by or on behalf of RWWA for — (i) the conduct of fixed odds betting by RWWA; or (ii) at the board's discretion, transmission of all or any of the wagers by RWWA to a body established by a written law that is authorised by that written law to accept such wagers, or to a person approved under section 59; and (b) subject to section 17EA of the Betting Control Act 1954, winnings may be paid by RWWA in respect of those fixed odds wagers, at offices and totalisator agencies established by RWWA under section 51. 56. Wagering on RWWA totalisator or with RWWA is not an offence (1) The mere fact of a person wagering on a totalisator through RWWA or conducted by RWWA, wagering at fixed priced odds through RWWA or wagering with RWWA under this Act — (a) does not make the wagering an offence, whether at common law or by any Act, either by that person or by RWWA or any of its officers or agents or any of its employees; and (b) is not a ground for any office or totalisator agency of RWWA or any part of the office or agency being deemed or declared, whether at common law or by any Act, to be or to be used as a common betting house or common gaming house, or to be a common nuisance or contrary to law. (2) A person must not be prosecuted or convicted, or be liable to prosecution or conviction, or subject to penal consequence under any written law by reason only of anything done by that person under and in accordance with this Part. 57. RWWA not precluded from not accepting, or from refunding, wagers Nothing in this Part is to be construed as precluding — (a) the board from determining that RWWA will not accept wagers at all or any of its totalisator agencies on — (i) any race or series of races; or (ii) any sporting event or series of events; or (iii) any other event or type of event; or (iv) any contingency of, or relating to, a race, sporting event or other event or type of event; or (v) games known as Favourite Numbers and Sweepstakes and any other game, on which wagers could be lawfully made by virtue of this Part; or (b) the refund of wagers in accordance with the rules of wagering or the regulations. Division 3 — Totalisator wagering 58. Wagers transmitted from racing club to RWWA (1) If RWWA is conducting totalisator wagering on a race, a racing club may transmit any wager received by the club on that race to RWWA for inclusion in a totalisator pool conducted by RWWA. (2) RWWA may — (a) include a wager received from a racing club in a totalisator pool operated by it; or (b) further transmit a wager received from a racing club to a totalisator pool operated under a combined totalisator pool scheme. (3) Every wager transmitted to RWWA by a racing club must be received and dealt with by RWWA on behalf of the racing club in accordance with the rules of wagering or the regulations. 59. Combined totalisator pool schemes (1) In this section — a