{"id":"gaming-and-betting-contracts-and-securities-act-1985","name":"Gaming and Betting (Contracts and Securities) Act 1985","slug":"gaming-and-betting-contracts-and-securities-act-1985","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30549,"registerId":"wa-gaming-and-betting-contracts-and-securities-act-1985-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Gaming and Betting (Contracts and Securities) Act 1985","content":"![Crest]()Western Australia\n\nGaming and Betting (Contracts and Securities) Act 1985\n\nWestern Australia\n\nGaming and Betting (Contracts and Securities) Act 1985\n\nContents\n\n1. Short title 1\n\n2. Commencement 1\n\n3. Interpretation 1\n\n4. Certain contracts and agreements relating to gaming and betting to be unenforceable 3\n\n5. Contracts relating to prescribed gaming or betting may be enforced etc. 4\n\n6. Money or security lent for lawful gaming or betting recoverable 4\n\n7. Regulations 5\n\nSchedule — Gaming and betting Acts\n\nNotes\n\nCompilation table 7\n\nUncommenced provisions table 7\n\nDefined terms\n\n  \n\nWestern Australia\n\nGaming and Betting (Contracts and Securities) Act 1985\n\nAn Act to amend and consolidate the law in respect of contracts, agreements and securities relating to gaming or betting, and matters incidental thereto.\n\n##### 1. Short title\n\nThis Act may be cited as the *Gaming and Betting (Contracts and Securities) Act 1985*.\n\n##### 2. Commencement\n\nThis Act shall come into operation on a day to be fixed by proclamation, being a day not earlier than the day fixed for the coming into operation of Part IV of the *Acts Amendment (Gaming and related provisions) Act 1985*.\n\n##### 3. Interpretation\n\n(1) Subject to subsection (2), in this Act expressions defined in and for the purposes of the *Gaming and Wagering Commission Act 1987* have the like meaning in and for the purposes of this Act.\n\n(2) In this Act —\n\n  lawful bet means a bet made otherwise than by way of unlawful betting, and includes a prescribed bet, and lawful betting shall be construed accordingly;\n\n  lawful gaming means gaming other than unlawful gaming, and includes prescribed gaming;\n\n  prescribed bet means —\n\n(a) a bet made with a person lawfully carrying on the business of a bookmaker under the *Betting Control Act 1954*, entered into in the course and for the purposes of that business;\n\n(aa) a bet made with a totalisator operated by the committee of a racing club or other authority controlling the racecourse on which that club conducts race meetings in accordance with an authority granted under the *Betting Control Act 1954*;\n\n(b) a bet made, with a person authorised to accept bets of that kind, under an Act specified in the Schedule or under a prescribed provision; or\n\n(c) a bet of a kind prescribed, or made in circumstances prescribed, for the purposes of this definition,\n\nand prescribed betting shall be construed accordingly;\n\n  prescribed gaming means gaming conducted under and in accordance with an authorisation conferred by an Act specified in the Schedule or under a prescribed provision, or which (whether it relates to a game of chance or a game of skill or a game of chance and skill combined) is of a prescribed kind or is conducted in prescribed circumstances;\n\n  prescribed provision means a provision of an Act declared by the regulations to be a prescribed provision for the purposes of this Act;\n\n  unlawful betting means betting of a kind declared or deemed to be unlawful by or under any Act or law;\n\n  unlawful gaming means the playing of any game deemed to be unlawful pursuant to section 42 of the *Gaming and Wagering Commission Act 1987*, or which is otherwise declared or deemed to be unlawful by or under any Act or law.\n\n[Section 3 amended: No. 35 of 2003 s. 118; No. 74 of 2003 s. 57(2).]\n\n##### 4. Certain contracts and agreements relating to gaming and betting to be unenforceable\n\n(1) Except in so far as they relate to, or arise out of a contract or agreement relating to, prescribed gaming or prescribed betting —\n\n(a) all contracts or agreements, whether in writing or otherwise, by way of gaming or betting are null and void, and no proceedings shall be brought or maintained in any court for recovering any money or other valuable thing alleged to be won at gaming or upon a bet, or deposited with any person to abide the event on which a bet is made; and\n\n(b) subject to section 6, any bill, note, cheque, mortgage, or other security drawn, accepted, made, given, granted, or entered into or executed by any person where the whole or any part of the consideration therefor is money, or any other valuable thing, won —\n\n(i) by way of gaming; or\n\n(ii) by a bet on the chances of any player or participant in, or the outcome of, any game or race in progress or to be held,\n\nis deemed to be drawn, accepted, made, given, granted, or entered into or executed for an illegal consideration.\n\n(2) In so far as subsection (1) might but for this subsection apply to, or in relation to —\n\n(a) any stake, deposit, or allowance payable to the owner or connections of a horse or dog engaged in a race run under the *Betting Control Act 1954* in respect of its participation in that race; or\n\n(b) any subscription or contribution to, or agreement to subscribe or contribute to, any sum of money or valuable thing to be awarded to a person who is the winner of any award in any lawful race or lawful game, sport, pastime, or exercise,\n\nthe provisions of that subsection shall not apply thereto.\n\n##### 5. Contracts relating to prescribed gaming or betting may be enforced etc.\n\nSubject to the provisions of an Act specified in the Schedule or to any prescribed provision relating thereto, where in the course and for the purposes of prescribed gaming or prescribed betting a person makes a lawful bet with any other person the person making that bet —\n\n(a) shall be deemed to have made a contract in the terms of the bet with the person with whom he has made that bet; and\n\n(b) may sue that other person and be sued by that other person in any court of competent jurisdiction on that contract in like manner as a party to a contract which had not arisen out of or in connection with gaming or betting might have sued,\n\nand that contract shall not be deemed to be illegal or void by reason only that it arises out of or in connection with gaming or betting, and effect may be given to the judgment given in the proceedings.\n\n##### 6. Money or security lent for lawful gaming or betting recoverable\n\nWhere —\n\n(a) money or any valuable thing is lent or advanced for the purpose of lawful gaming or of making any lawful bet, or for the purpose of the payment of any debt in respect of lawful gaming or lawful betting; or\n\n(b) any bill, note, cheque, mortgage or other security is accepted, made, given, granted, entered into or executed by any person for the purpose of repaying or re‑imbursing, or as security for the repayment or re‑imbursement of, money or any valuable thing lent or advanced for the purpose of lawful gaming or of making any lawful bet or to secure the payment of any debt in respect of lawful gaming or lawful betting,\n\nthat money or valuable thing is recoverable in a court of competent jurisdiction and that money or valuable thing and any such security shall be taken to have been used or given for a lawful consideration.\n\n##### 7. Regulations\n\nThe Governor may make regulations for the purposes of this Act.\n\nSchedule — Gaming and betting Acts\n\n[s. 3]\n\n[Heading amended: No. 19 of 2010 s. 4.]\n\n\t*Racing and Wagering Western Australia Act 2003*\n\n\t*Lotteries Commission Act 1990*\n\n\t*Casino Control Act 1984*\n\n\t*Casino (Burswood Island) Agreement Act 1985*\n\n\t*Gaming and Wagering Commission Act 1987*\n\n[Schedule amended: No. 26 of 1998 s. 23; No. 35 of 2003 s. 119; No. 74 of 2003 s. 57(3).]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Gaming and Betting (Contracts and Securities) Act 1985* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.\n\nCompilation table\n\n| **Short title** | | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- | --- |\n| *Gaming and Betting (Contracts and Securities) Act 1985* | | 28 of 1985 | 24 Apr 1985 | 1 Jun 1985 (see s. 2 and *Gazette* 31 May 1985 p. 1878) |\n| *Lotteries Commission Amendment Act 1998* s. 23 | | 26 of 1998 | 30 Jun 1998 | 22 Jul 1998 (see s. 2 and *Gazette* 21 Jul 1998 p. 3825) |\n| *Racing and Gambling Legislation Amendment and Repeal Act 2003* Pt. 8 | | 35 of 2003 | 26 Jun 2003 | 30 Jan 2004 (see s. 2 and *Gazette* 30 Jan 2004 p. 397) |\n| *Statutes (Repeals and Minor Amendments) Act 2003* s. 57 | | 74 of 2003 | 15 Dec 2003 | 15 Dec 2003 (see s. 2) |\n| **Reprint 1: The *Gaming and Betting (Contracts and Securities) Act 1985* as at 27 Feb 2004** (includes amendments listed above) (Correction to reprint in *Gazette* 6 Apr 2004 p. 1134) | | | | |\n| *Standardisation of Formatting Act 2010* s. 4 | 19 of 2010 | 28 Jun 2010 | 11 Sep 2010 (see s. 2(b) and *Gazette* 10 Sep 2010 p. 4341) |\n\n\nUncommenced provisions table\n\nTo view the text of the uncommenced provisions see *Acts as passed* on the WA Legislation website.\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *TAB (Disposal) Act 2019* s. 150 | 21 of 2019 | 18 Sep 2019 | To be proclaimed (see s. 2(1)(b)(xiii)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nlawful bet 3(2)\n\nlawful betting 3(2)\n\nlawful gaming 3(2)\n\nprescribed bet 3(2)\n\nprescribed betting 3(2)\n\nprescribed gaming 3(2)\n\nprescribed provision 3(2)\n\nunlawful betting 3(2)\n\nunlawful gaming 3(2)\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of determining enforceability of gambling-related contracts. The 2003 amendments updated references to modernise the racing and wagering framework (replacing older racing Acts with the Racing and Wagering Western Australia Act 2003), and the 2010 amendment was purely formatting. The Schedule has been updated to reflect current gambling legislation, but this is maintenance of the original scheme rather than scope expansion. The core mechanism—distinguishing prescribed/legal gambling from unlawful gambling—remains unchanged since 1985."},"complexity_factors":["Short statute with only 7 operative sections plus a Schedule","8 defined terms in section 3(2), with some nested definitions (e.g., 'lawful bet' incorporates 'prescribed bet' which has 3 sub-categories)","Single cross-reference to the Gaming and Wagering Commission Act 1987 for most definitions","Simple conditional structure: general prohibition in section 4, with specific exceptions in sections 4(2), 5 and 6","Limited regulatory power in section 7 (standard Governor-in-Council regulation-making)","Schedule lists only 5 Acts, amended only 3 times since 1985","No exceptions to exceptions or deeply nested provisos"],"plain_english_summary":"**What this law does:**\n\nThis Western Australian law sets the rules for when gambling debts and betting contracts can be legally enforced. It's essentially about separating legal gambling from illegal gambling, and deciding when courts will help you chase up money owed from a bet.\n\n**The basic rule:**\n\n- **Illegal gambling = unenforceable.** If you place an illegal bet or take part in unlawful gaming, any contract or agreement about it is **null and void** (completely worthless in law). You cannot sue someone to recover money you claim you won, or money you deposited to place the bet. Cheques, IOUs, or mortgages given as security for illegal gambling debts are also treated as illegal and unenforceable.\n\n**The exceptions (where gambling contracts ARE enforceable):**\n\n- **Licensed bookmakers.** Bets placed with licensed bookmakers under the *Betting Control Act 1954*.\n- **Totalisators.** Bets made with the betting pool operated by racing clubs.\n- **Authorised betting.** Bets made under specific authorised Acts (like lotteries, casinos, or other regulated gambling).\n- **Prescribed gaming.** Gaming conducted under proper authorisation or as specifically allowed by regulations.\n\n**Loans for legal gambling:**\n\nIf someone lends you money specifically to place a **lawful** bet or to pay off a lawful gambling debt, that loan is recoverable. The lender can sue you for it, and any security (like a mortgage or promissory note) given for that loan is valid.\n\n**Who it affects:**\n\n- **Punters and gamblers** — protects them from being sued for illegal gambling debts, but also prevents them from enforcing illegal wins.\n- **Licensed gambling operators** — allows them to enforce betting contracts and recover debts through the courts.\n- **Lenders** — clarifies when loans for gambling purposes are legally recoverable.\n\n**Why it matters:**\n\nThis law strikes a balance between discouraging illegal gambling (by making related contracts unenforceable) while supporting the regulated gambling industry (by allowing licensed operators to operate as legitimate businesses with enforceable contracts). It prevents the courts from being used to settle disputes arising from criminal gambling activities, while ensuring that properly authorised gambling activities function like any other commercial transaction."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act's operative scope, as stated in its text, is to render non‑prescribed gaming and betting contracts unenforceable while preserving enforceability for prescribed or lawfully authorised gambling and allowing recovery of funds lent for lawful betting (see s.3, s.4–6). The Act itself does not state any departure from that stated purpose or indicate a change from an earlier statutory intent; it relies on the Schedule and regulations to define the preserved classes."},"complexity_factors":["Cross-references to multiple external Acts and a Schedule to define what counts as 'prescribed' (s.3; Schedule)","Binary rule with narrow exceptions (unenforceable vs prescribed enforceable) creates dependency on delegated regulations and other statutes (s.4, s.5, s.7)","Key terms ('lawful', 'prescribed', 'unlawful') are defined in the Act but hinge on other instruments, raising interpretive dependency (s.3)","Treatment of securities and recovery of loans involves legal characterisation of consideration and enforceability (s.4(b); s.6)","Short, statutory framework leaves practical detail to courts and regulations, producing implementation and compliance uncertainty (s.5; s.7)"],"plain_english_summary":"This Act makes most contracts, agreements and securities connected with gaming or betting legally unenforceable unless the wagering is a “prescribed” or otherwise lawful bet. It also allows money or security lent for lawful gaming or betting to be recovered and permits prescribed gambling contracts to be enforced in court (see s.3, s.4–6). \n\nWho it affects: bettors, bookmakers, lenders and creditors, and regulators — because it decides when wagers and related debts can be litigated and leaves scope details to the Schedule and regulations."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not accessible. The provided content is solely a website error notice from the Western Australian Parliamentary Counsel's Office indicating the page has been moved or removed during a system upgrade. No legislative content was available for comparison against original intent."},"complexity_factors":["The actual legislative text is unavailable — only an error/redirect page was provided","No substantive content could be analysed for complexity","Score of 1 reflects the impossibility of assessment, not simplicity of the underlying law"],"plain_english_summary":"The Gaming and Betting (Contracts and Securities) Act 1985 (WA) governs the legal status of gambling-related agreements and financial instruments in Western Australia. It affects individuals and businesses involved in gambling who seek to create, enforce or challenge contracts, debts or securities arising from betting activity. This matters because it determines whether gambling obligations are legally enforceable and how disputes over gambling finances are treated."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/gaming-and-betting-contracts-and-securities-act-1985","history":"/api/acts/gaming-and-betting-contracts-and-securities-act-1985/history","analysis":"/api/acts/gaming-and-betting-contracts-and-securities-act-1985/analysis","conflicts":"/api/acts/gaming-and-betting-contracts-and-securities-act-1985/conflicts","importantCases":"/api/acts/gaming-and-betting-contracts-and-securities-act-1985/important-cases","documents":"/api/acts/gaming-and-betting-contracts-and-securities-act-1985/documents"}}