Greyhound Racing Totalisator (Distribution and Racecourse Development) Regulations 1981

Western Australia

WESTERN AUSTRALIAN GREYHOUND RACING ASSOCIATION ACT 1981.

MADE by His Excellency the Governor in Executive Council.

1.Citation

These regulations may be cited as the Greyhound Racing Totalisator (Distribution and Racecourse Development) Regulations 1981.

2.Definitions

In these regulations unless the contrary intention appears —

“greyhound racing ground” means a race course or greyhound trial track;

“subregulation” means a subregulation of the regulation in which the term is used;

“the Act” means the Western Australian Greyhound Racing Association Act 1981;

“the Totalisator Agency Board” means the Totalisator Agency Board constituted under the Totalisator Agency Board Betting Act 1960.

3.Disbursement of moneys received from T.A.B.

(1)Subject to subregulation (2) when moneys are received by the Association from the Totalisator Agency Board, the Association shall resolve that such moneys be utilised, and from time to time disbursed —

(a)for the performance of the functions of the Association under the Act;

(b)for the purpose of payments to registered greyhound clubs;

(c)for the development of greyhound racing grounds; and

(d)for any other special purpose approved by the Association.

(2)Of the moneys received from the Totalisator Agency Board in respect of greyhound racing conducted in the financial year commencing on 1 August 1981 or in any financial year thereafter the Association may retain for utilisation and disbursement under paragraphs (a), (c) and (d) of subregulation (1) —

(a)100 per cent of the portion of those moneys that is derived from greyhound racing conducted by the Association;

(b)65 per cent of the portion of those moneys that is derived from greyhound racing conducted by registered greyhound racing clubs.

(3)In the event of any other moneys being received from the Totalisator Agency Board in respect of a financial year referred to in subregulation (2) the Association may retain 65 per cent of those moneys for utilisation and disbursement under paragraphs (a), (c) and (d) of subregulation (1).

4.Scheme of disbursement

(1)Before 1 August in each year the Association shall prepare a scheme setting out the Association’s proposals as to the disbursement of moneys estimated by the Association as likely to be received from the Totalisator Agency Board in respect of the financial year commencing on that day.

(2)Any disbursement made by the Association shall be made in accordance with the scheme, but the scheme may from time to time be amended by the Association.

(3)In amending a scheme the Association shall take into account any disbursement or interim payment which has already been made under the earlier editions of that scheme.

5.Racecourse Development Account and special accounts

In accordance with section 16 of the Act the moneys received by the Association shall be paid to the credit of the Fund but —

(a)where the Association resolves that money shall be utilised for the purpose of the development of greyhound racing grounds such moneys shall be dealt with by way of a special account to be called the Racecourse Development Account; and

(b)where the Association resolves that money shall be utilised for any other special purpose approved by the Association it may be dealt with by way of a special account to be comprised in the Fund.

6.Transfer of moneys to or from Racecourse Development Account

Where there is, or the Association anticipates that there may be, a surplus or a deficiency in the Racecourse Development Account the Association may by resolution transfer moneys from or to that account from such other accounts comprised in the Fund as are specified in that resolution, either permanently or for such time as is so specified, and where the Association effects a transfer on a temporary basis the moneys that would otherwise be credited to the account to which the transfer was made may be credited to the account from which the transfer was made until such time as the amount transferred has been made good.

7.Agreements, guarantees and arrangements

The Association may enter into an agreement, guarantee or other arrangement with any person or body of persons for the purpose of improving, or assisting in the improvement of, or carrying out work on, any greyhound racing ground, or any facilities ancillary thereto, which is, or is intended to be, conducted under the management of a greyhound racing club or committee of management, on such terms as may be specified in that agreement, guarantee or arrangement.

8.Utilisation of Racecourse Development Account

(1)The Association may authorize payments out of the Racecourse Development Account —

(a)to assist any person, or body of persons, to make improvements, or to provide totalisator facilities, on any greyhound racing ground, or to construct; or make improvements to, facilities ancillary to any such ground which is, or is intended to be, conducted under the management of a greyhound racing club or committee of management;

(b)to re‑finance or discharge, in whole or in part, any liability incurred by a greyhound racing club in making improvements on any licensed or registered greyhound racing ground, or in the construction of, or making of, improvements to any facilities ancillary thereto, whether on the racing ground or elsewhere;

(c)to discharge in whole, or in part, any liabilities incurred by a greyhound racing club in respect of a greyhound racing ground which has ceased to be used for greyhound racing, trials or training; or

(d)under or in relation to an agreement, guarantee or arrangement entered into pursuant to regulation 7 of these regulations.

(2)Any payment to discharge a liability referred to in subregulation (1) may be made directly to the person to whom the greyhound racing club is indebted.

(3)The Association may utilise the Racecourse Development Fund in the exercise of its powers under paragraphs (a), (b) and (c) of section 22 of the Act.

9.Terms and conditions of payment

Any payment authorized by the Association may be made by way of grant or loan, and any payment by way of loan may be subject to such terms and conditions including provisions as to interest and repayment, as are agreed upon between the Association and the person or club to whom the loan is made.

10.Approval required for certain expenditure

(1)Where in the opinion of the Association a greyhound racing club has incurred excessive capital expenditure and —

(a)the club has not obtained the approval of the Association to such expenditure, (which approval may be given subject to such conditions, limitations and restrictions as the Association thinks fit); or

(b)the club can not meet that expenditure from the current assets of the club without borrowing additional funds,

the Association may modify any scheme or proposed disbursement so as to exclude that club, wholly or partially, from participating in the distribution of moneys received by the Association.

(2)Subregulation (1) shall not apply where the capital expenditure incurred by the club does not exceed $2 000 in relation to any one matter.

11.Repeal

The Greyhound Racing Totalisator (Distribution and Racecourse Development) Regulations 1974 (as amended) are repealed.

12.Transitional

(1)Subject to subregulation (2) any disbursement by the Association of moneys received from the Totalisator Agency Board in respect of a financial year before the financial year commencing on 1 August 1981 shall be made in accordance with the scheme in force, immediately before these regulations take effect, under regulation 5 of the regulations repealed by section 11 of these regulations but that scheme may from time to time be amended by the Association.

(2)On or after the day fixed by the Minister pursuant to section 40 (1) of the Act money that would be payable to the Canning Greyhound Racing Association (W.A.) (Inc.) under the scheme mentioned in subregulation (1) may be retained by the Association for utilisation and disbursement under paragraphs (a), (c) and (d) of regulation 3 (1) of these regulations.

Notes

1.This is a compilation of the Greyhound Racing Totalisator (Distribution and Racecourse Development) Regulations 1981 and includes the amendments referred to in the following Table.

Compilation table

Citation	Gazettal	Commencement
Greyhound Racing Totalisator (Distribution and Racecourse Development) Regulations 1981	3 Jul 1981 p. 2608‑9	3 Jul 1981