Western Australia
The Western Australian Turf Club Act 1892
Reprint 2: The Act as at 14 March 2003
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
1.Details about the original Act and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.
2.Validation, transitional, savings, or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.
3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the Act being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a section that was inserted, or has been amended, since the Act being reprinted was passed, editorial notes at the foot of the section give some history of how the section came to be as it is. If the section replaced an earlier section, no history of the earlier section is given (the full history of the Act is in the Compilation table).
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
•removed (because it was repealed or deleted from the law); or
•omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.
Reprint numbering and date
1.The reprint number (in the footer of each page of the document) shows how many times the Act has been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the Act was passed. Reprint numbering was implemented as from 1 January 2003.
2.The information in the reprint is current on the date shown as the date as at which the Act is reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.
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Western Australia
The Western Australian Turf Club Act 1892
CONTENTS
1.Short title4
2.Interpretation4
3.Actions to be in the name of the chairman4
4.Memorial of the chairman’s name to be recorded in the Supreme Court5
5.No action to be brought until memorial is recorded6
6.Effect of judgment against the chairman6
7.Racecourse vested in chairman for term created by Crown Grant of 11 September 18777
8.Crown may demise lands to chairman7
9.Lands and other property to be vested in chairman8
10.Lands vested in chairman to be held for racecourse only8
11.Lands already demised to be held for purpose of a racecourse9
12.Committee may maintain buildings already erected and erect others9
13.Committee may make by‑laws9
14.Disallowance of by‑laws by Governor in Council10
15.Publication of by‑laws10
16.Evidence of by‑laws10
17.Governor in Council may repeal by‑laws11
18.Public notification of by‑laws11
19.By‑laws to be binding on all parties11
20.Offences against by‑laws12
21.Obstructing officers, etc., of committee or trespassing upon racecourse12
22.Transient offender may be arrested12
23.Liability to penalty not to relieve from other liabilities13
24.Committee may fix tolls and charges13
25.Chairman may let lands buildings or tolls13
26.Borrowing powers14
28.Power to give security14
29.Transfer of mortgage15
30.Rights of mortgagees15
31.Arrears of interest when to be enforced by appointment of receiver15
32.Appointment of receiver16
33.Commissioner of Crown Lands may authorise inspection of racecourse and buildings16
34.Commissioner of Crown Lands may give notice to repair, etc.17
35.Service of notice17
36.Committee to repair, etc., upon notice17
37.Officers to give security18
38.Accounts to be kept18
39.Appointment of auditors18
40.Books to be balanced and audited18
41.Copy of annual account to be submitted to chief executive officer18
41A. Inspection of annual account19
42.Club not to be incorporated19
43.If racecourse not maintained and used land to revert to the Crown19
44.Building to be paid for if possession re‑resumed20
45.Saving of rights20
First Schedule21
Notes
Compilation table22
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Reprinted under the Reprints Act 1984 as |
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Western Australia
The Western Australian Turf Club Act 1892
An Act to enable the Members of ‘The Western Australian Turf Club’ to sue and be sued in the name of the Chairman for the time being of the Committee of the said
Preamble
Whereas by deed poll or grant from the Crown dated 11 September 1877 Her Majesty demised and leased unto Alfred Robert Waylen Walter Padbury and Stephen Henry Parker (thereinafter and hereinafter referred to as ‘the Lessees’) their executors administrators and allowed assigns All that tract or parcel of land situate and being in the District of Swan in the Colony of Western Australia containing 105 acres more or less and marked and distinguished in the Maps and Books of the Survey Office of the said
last aforesaid
authorities as may be necessary or expedient for that purpose should be conferred upon the said
This Act may be cited for all purposes as The Western Australian Turf Club Act 1892 1.
In this Act:
The term “club” means The Western Australian Turf Club.
The term “committee” means the committee for the time being of the club.
The term “chairman” means the person who is the chairman for the time being of the committee.
The term “justice” means a Justice of the Peace acting in and for the colony of Western Australia or in and for the city borough or session district where the matter requiring the cognizance of such justice shall arise.
The term “building” means any house outhouse stand booth stable shed tent fence or other buildings railways and tramways edifice or erection of any description whatsoever for the time being standing or being upon any land for the time being vested under or by virtue of this Act
3.Actions to be in the name of the chairman
All actions suits and proceedings at law or in equity to be commenced instituted prosecuted or carried on by or on behalf of the club or wherein the club is or shall be in any way concerned against any person or persons body or bodies politic or corporate whether a member or members of the club or otherwise shall and may be lawfully commenced instituted and prosecuted or carried on in the name of the chairman at the time any such action suit or proceeding shall be commenced or instituted as the nominal plaintiff complainant or petitioner for and on behalf of the club and all actions suits and proceedings as aforesaid
4.Memorial of the chairman’s name to be recorded in the Supreme Court
A memorial of the names of the chairman and of each of the members of the committee respectively in the form or to the effect set forth in the First Schedule signed by such chairman and by a majority of the committee shall be recorded upon oath in the Supreme Court of the State of Western Australia within one calendar month after the passing of this Act
5.No action to be brought until memorial is recorded
Until such memorial as hereinbefore first mentioned shall be recorded in the manner herein directed no action suit or other proceeding shall be brought by the club or any of the members thereof in the name of the chairman of the committee of the club under the authority of this Act
6.Effect of judgment against the chairman
(1)Every judgment and every decree or order which shall be at any time after the passing of this Act
(2)Subsection (1) does not limit the rights of any person to whom security has been given over —
(a)the land referred to in section 7; or
(b)land demised under section 8,
if the Governor has under section 28(
[Section 6 amended by No. 24 of 1997 s. 4.]
7.Racecourse vested in chairman for term created by Crown Grant of 11 September 1877
From and after the passing of this Act
8.Crown may demise lands to chairman
It shall be lawful for Her Majesty from time to time to demise to the chairman for any term of years in trust for the club and for such chairman and his
9.Lands and other property to be vested in chairman
All lands tenements and hereditaments real and personal and all personal chattels and effects which now are vested in or held by any persons or person whomsoever in trust for or for the benefit of the club or the members thereof shall immediately upon the passing of this Act
10.Lands vested in chairman to be held for racecourse only
(1)The lands by this Act vested in or authoris
(2)Subsection (1) has effect subject to the exercise of the discretion conferred by section 28(4) of this Act
[Section 10 amended by No. 24 of 1997 s. 5.]
11.Lands already demised to be held for purpose of a racecourse
The lands demised by the said
12.Committee may maintain buildings already erected and erect others
The committee may maintain any building now standing and being upon the said
The committee or an absolute majority in number of such committee may from time to time subject to the special provisions of this Act
14.Disallowance of by‑laws by Governor in Council
No by‑law shall be of any force or effect until the expiration of one month after the same or a copy thereof signed by the chairman shall have been sent to the Minister for Racing and Gaming for the time being and until publication as hereinafter mentioned and at any time within the said
Every by‑law shall forthwith on the expiration of one month after the same shall have been sent as aforesaid
The production of a copy of the “Government Gazette” containing any such by‑law and notice as aforesaid
17.Governor in Council may repeal by‑laws
The Governor in Council may at any time by order in Council declare that from time to time to be named in such order and not less than 6 months from the date of the publication of such order in the “Government Gazette” any by‑law made under this Act shall be repealed and from and after the time so named in such order such by‑law shall unless previously repealed under the provisions herein contained be absolutely repealed and of no effect Provided always that such repeal shall not interfere with or affect any action suit prosecution or other proceeding commenced before the time of such repeal but the same shall be continued as if no such repeal had taken place.
18.Public notification of by‑laws
A copy of all by‑laws made under this Act for the time being in force shall be painted on boards or printed on paper or other material and pasted or fastened on boards and hung up and affixed and continued in some conspicuous place at or near the principal entrance to the said
19.By‑laws to be binding on all parties
Such by‑laws when so published and affixed shall be binding upon and be observed by all parties and shall be sufficient to justify all persons acting under the same and for proof of the publication of any such by‑laws it shall be sufficient to prove that a paper or other material or painted board containing a copy of such by‑laws was affixed and continued in manner by this Act directed and in case of its being afterwards displaced or damaged then that such paper or other material or board was replaced as soon as conveniently might be.
Any person offending against any by‑law made under this Act shall forfeit for every such offence any sum not exceeding $20 to be imposed by such by‑law as a penalty for any such offence and to be recovered by information or complaint before any justice and if the infraction or non‑observance of any of such by‑laws be attended with danger or annoyance to the public or hindrance to the committee or the public in the lawful use of the said
[Section 20 amended by No. 113 of 1965 s. 8(1).]
21.Obstructing officers, etc., of committee or trespassing upon racecourse
Whosoever shall wilfully obstruct or impede any officer servant or agent of the committee in the execution of his
[Section 21 amended by No. 113 of 1965 s. 8(1).]
22.Transient offender may be arrested
Any member officer or servant of the committee and all persons called by him to his
23.Liability to penalty not to relieve from other liabilities
Notwithstanding the liability of any person to any penalty under the provisions of this Act
24.Committee may fix tolls and charges
The committee may by any by‑law to be made and come into operation as hereinbefore provided from time to time prescribe and vary at pleasure the scale of tolls and charges to be levied or taken for admission to any land for the time being vested in the chairman or to any building standing or being thereon and may demand recover and receive such tolls and charges from any person coming upon such land or any part thereof or into or upon any such building Provided that the committee may in and by any such by‑law provide that members of the club shall be exempt either wholly or to such extent as such by‑law shall specify from the payment of all or any of such tolls and charges.
25.Chairman may let lands buildings or tolls
The chairman may demise and to farm let either from year to year or for any lesser term than a year or for any particular race meeting or meetings any portion of the land for the time being vested in the chairman or any building erected thereon or all or any of the tolls and charges demandable under and by virtue of this Act
(1)The chairman may —
(a)borrow or re‑borrow money; and
(b)otherwise arrange financial accommodation.
(2)Money borrowed or otherwise becoming available under subsection (1) shall be applied for the purposes of the club.
(3)A person who lends or otherwise makes money available under subsection (1) is not bound to see to the application, nor answerable for the loss or misapplication, of the money.
[Section 26 inserted by No. 24 of 1997 s. 6.]
[27. Repealed by No. 24 of 1997 s. 7
(1)To secure repayment of sums borrowed or made available under section 26, and payment of interest on those sums, the chairman may give and execute any mortgage, charge, assignment or other security over all or any part of the assets and property of the club, including rents and profits, tolls, charges and other revenue.
(2)This section does not apply to —
(a)the land referred to in section 7; or
(b)land demised under section 8,
except with the consent of the Governor given on the recommendation of the Minister administering the Land Act 1933 2.
(3)A consent under subsection (2) may be given in terms that impose requirements to be observed if a power of sale becomes exercisable by a mortgagee on default by the mortgagor.
(4)If a power of sale in respect of any land is exercised in accordance with those requirements, the Governor may, on the recommendation of the Minister administering the Land Act 1933 2, discharge the land from any trust or purpose affecting the land by operation of this Act
[Section 28 inserted by No. 24 of 1997 s. 8.]
Any party entitled to any such mortgage may from time to time transfer his
[Section 29 amended by No. 24 of 1997 s. 9.]
The respective mortgagees shall be entitled one with another to their respective proportions of the rents and profits tolls charges and other revenue and premises comprised in such mortgages according to the respective sums in such mortgages mentioned to be advanced by such mortgagees respectively and to be repaid the sums so advanced with interest without any preference one above another by reason of priority of the date of any such mortgage.
31.Arrears of interest when to be enforced by appointment of receiver
If within 30 days after the interest accruing upon any such mortgage has become payable and after demand thereof in writing the same be not paid the mortgagee may without prejudice to his
Every application for a receiver in the cases aforesaid
33.Commissioner of Crown Lands may authoris
The Commissioner of Crown Lands may when he thinks fit authoris
34.Commissioner of Crown Lands may give notice to repair, etc.
If the person so as aforesaid
Every such notice with a true copy of such certificate as aforesaid
36.Committee to repair, etc., upon notice
The committee shall within a reasonable time after service of such notice in manner aforesaid
Before any person entrusted with the custody or control of moneys whether treasurer collector or other officer of the club shall enter upon his
The committee shall cause full and accurate accounts to be kept of all sums of money received or expended on account of the club and of the matters and things for which such sums of money shall have been received or expended.
The Commissioner of Crown Lands may from time to time appoint an auditor for the purpose of auditing the accounts of the club and such auditor may from time to time remove at pleasure.
40.Books to be balanced and audited
The books of the club shall in each and every year be balanced to and inclusive of 31 July in the year preceding and forthwith on the books being so balanced an annual account shall be made up which shall exhibit a true statement of the total receipts and expenditure of the club during the year immediately preceding 31 July with a statement of the balance of such account and such books and accounts shall be examined and audited by the auditor so to be appointed as aforesaid
[Section 40 amended by No. 77 of 1990 s. 4.]
41.Copy of annual account to be submitted to chief executive officer
A copy of the annual account referred to in section 40 shall be submitted to the chief executive officer of the department principally assisting the Minister with the administration of the Act on or before 31 October in each year.
[Section 41 inserted by No. 77 of 1990 s. 5.]
41A. Inspection of annual account
A person may, during normal business hours, inspect a copy of the annual account at the office of the department referred to in section 41.
[Section 41A inserted by No. 77 of 1990 s. 5.]
42.Club not to be incorporated
Nothing herein contained shall extend or be deemed taken or construed to extend to incorporate the club or the members thereof or to relieve or discharge them or any of them from any responsibility duties contracts or obligations whatsoever which they would be subject or liable to either between the club and others or between the individual members in the club or any of them if this Act had not been passed.
43.If racecourse not maintained and used land to revert to the Crown
(1)If at any time after the passing of this Act
(2)Subsection (1) has effect subject to the exercise of the discretion conferred by section 28(4) of this Act
[Section 43 amended by No. 24 of 1997 s. 10.]
44.Building to be paid for if possession re‑resumed
Notwithstanding anything in this Act contained Her Majesty her heirs or successors shall not be entitled to take or resume possession of the lands by this Act vested or authoris
Save as herein expressly provided nothing in this Act contained shall be deemed to affect or apply to any right title or interest of Her Majesty her heirs or successors or of any body politic or corporate or of any person excepting such as are mentioned in this Act and those claiming by from or under them respectively.
THE WESTERN AUSTRALIAN TURF CLUB
Section 4
Memorial of the name of the chairman of the committee of ‘The Western Australian Turf Club’ to be recorded in the Supreme Court of the State of Western Australia pursuant to an Act of the Parliament of Western Australia passed in theyear of the reign of Her Majesty Queen Victoria No. .
A.B., Chairman.
C. D., E. F., &c., |
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Committee |
(Signed) A.B., Chairman.
C. D., E. F., &c., |
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Members of Committee of said Club and being a majority of such committee |
I G.H. ofmake oath and say that I was present and did see the foregoing memorial signed by the above‑named chairman and also by the respective members of the committee whose names appear thereto and that the members of committee signing form a majority of the committee of ‘The Western Australian Turf Club’.
Sworn this day of 20)
before me)
[Second and Third Schedule repealed by No. 24 of 1997 s. 1
Notes
1This reprint is a compilation as at 14 March 2003 of the The Western Australian Turf Club Act 1892 and includes the amendments made by the other written laws referred to in the following table 6. The table also contains information about any reprint.
Short title |
Number and year |
Assent |
Commencement |
The Western Australian Turf Club Act 1892 |
55 Vict Private Act |
18 Mar 1892 |
18 Mar 1892 |
Decimal Currency Act 1965 |
113 of 1965 |
21 Dec 1965 |
s. 4-9: 14 Feb 1966 (see s. 2(2)); balance: 21 Dec 1965 (see s. 2(1)) |
Reprint of The Western Australian Turf Club Act 1892 as at 18 Aug 1986 |
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The Western Australian Turf Club Amendment Act 1990 4 |
77 of 1990 |
20 Dec 1990 |
1 Feb 1991 (see s. 2 and Gazette 25 Jan 1991 p. 268) |
Turf Club Legislation Amendment Act 1997 Pt. 2 5 |
24 of 1997 |
24 Sep 1997 |
24 Sep 1997 (see s. 2) |
Reprint 2: The Western Australian Turf Club Act 1892 as at 14 Mar 2003 |
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2Under the Land Administration Act 1997 s. 281(3), a reference in a written law to the Land Act 1933 is, unless the contrary intention appears, to be construed as if that reference were a reference to the Land Administration Act 1997.
3Repealed by Government Railways Act 1904.
4The Western Australian Turf Club Amendment Act 1990 s. 6 reads as follows:
“
6.Transitional
(1)Notwithstanding the operation of section 40 of the principal Act as amended by this Act, after the commencement of this Act
(2)A copy of the account referred to in subsection (1) shall be submitted to the chief executive officer in accordance with section 41 of the principal Act as amended by this Act.
”.
5The Turf Club Legislation Amendment Act 1997 s. 12 reads as follows:
“
12. Validation
Any exercise by the chairman before the commencement of this Act
”.
6This Act is to be read in conjunction with the Western Australian Turf Club (Property) Act 1944 (see s. 2 of that Act).
`