This Act legalises two-up on Anzac Day and prescribed commemorative days and authorises the Broken Hill Council to run two-up at Minister‑approved premises (ss 3, 4A, 6, 10). The Minister may set conditions, require payments from Council receipts, approve who may run games, appoint inspectors, compel information and order termination of key employees; the Council may charge for entry or participation (ss 11–17, 21).
This Act creates a narrowly circumscribed statutory regime that legalises and regulates games of two-up in two distinct contexts: (a) the playing and conduct of two-up on Anzac Day and prescribed commemorative days, subject to conditions (Part 2), and (b) the conduct of two-up in the City of Broken Hill by or on behalf of the Broken Hill Council under a ministerial authorisation and detailed supervisory regime (Part 3). The Act also establishes operational controls, inspection and investigatory powers, information-gathering obligations, secrecy protections for regulatory information, offence provisions and summary-trial jurisdiction for breaches.
Mechanically, the Act does the following:
Declares that a two-up game conducted on Anzac Day or a prescribed commemorative day in accordance with the statutory conditions is not an unlawful game under any Act or other law (s 6). It expressly saves the Unlawful Gambling Act 1998 from prohibiting games that are lawful under this Act (s 6(2)).
Prescribes conditions that must be met for two-up on Anzac Day/commemorative days, including prohibitions on entry charges tied to the game, charges to participate other than bets, and commissions on bets or winnings (s 7). Registered clubs may operate under a separate conditional regime permitting payments only where authorised and wholly disposed of to charity and not retained by the club (s 8).
Authorises the Minister to permit the Broken Hill Council to conduct two-up at specified approved premises in Broken Hill subject to written authorisation, which may carry conditions and be time-limited, suspendable, revocable and non-transferable (ss 9-11, 14).
Grants the Minister broad supervisory powers over Broken Hill two-up: to impose conditions on authorisation (including approval of operators, financial audit and reporting, security, approved premises, days and times), to give directions about conduct of games and key employees, to appoint inspectors, to require information from key employees and operators and to commission investigations (ss 11, 15-23).
Current sections
Direct links to the current provisions in Gambling (Two-up) Act 1998.
This Act commences on a day or days to be appointed by proclamation.
3
Objects of Act
3 Objects of Act
3 Objects of Act
The objects of this Act are as follows:
(a) to legalise the conduct of:
(i) games of two-up on Anzac Day and other commemorative days, and
(ii) games of two-up in Broken Hill,
(b) to ensure that those games:
(i) are conducted honestly and with appropriate controls to prevent fraudulent activity, and
(ii) are conducted free from criminal influence and exploitation,
(c) to minimise, in the public interest, any adverse social effects of lawful gambling, and in particular to minimise the potential for lawful gambling to cause harm to individuals and families.
s 3: Am 2005 No 44, Sch 1 [1].
4
Definitions
4 Definitions
4 Definitions
(1) In this Act:
Anzac Day means 25 April in any year.
approved means approved by the Minister from time to time.
approved two-up premises means the location at which the Council is authorised by the Minister under Part 3 to conduct games of two-up in accordance with that Part.
Broken Hill means the local government area of the City of Broken Hill.
charitable purpose includes any benevolent, philanthropic or patriotic purpose.
rules means rules made by the Council and approved by the Minister, relating to games of two-up conducted by or on behalf of the Council and that are in force under section 26.
(2) For the purposes of this Act:
(a) references to a game of two-up extend to the betting and side betting associated with the game, and
(b) references to participants in a game of two-up include persons engaged in such betting.
s 4: Am 2005 No 44, Sch 1 [2].
4A
Meaning of “commemorative day”
4A Meaning of “commemorative day”
4A Meaning of “commemorative day”
A commemorative day means any of the following:
(a) 15 August (in any year),
(b) 11 November (in any year, but only that part of that day that is after 12 noon),
(c) any other day or part of a day prescribed by the regulations as a commemorative day for the purposes of this Act.
s 4A: Ins 2005 No 44, Sch 1 [3]. Subst 2015 No 15, Sch 1.11.
Part 2
Two-up on Anzac Day and other commemorative days
Part 2 Two-up on Anzac Day and other commemorative days
Part 2 Two-up on Anzac Day and other commemorative days
pt 2, hdg: Am 2005 No 44, Sch 1 [4].
5
Application of Part
5 Application of Part
5 Application of Part
This Part does not apply to the conduct of games of two-up:
(a) on any premises that are gambling premises, or
(b) on any premises, or class of premises, that are excluded by the regulations from the operation of this Part.
6
Two-up on Anzac Day and other commemorative days not unlawful
6 Two-up on Anzac Day and other commemorative days not unlawful
6 Two-up on Anzac Day and other commemorative days not unlawful
(1) A game of two-up that is conducted on Anzac Day or a commemorative day:
(a) on any premises (including the premises of a registered club) in accordance with section 7, or
(b) on the premises of a registered club in accordance with section 8,
is not an unlawful game for the purposes of any Act or other law.
(2) Without limiting subsection (1), nothing in the Unlawful Gambling Act 1998 prohibits the playing or conducting of a game of two-up that is lawful because of this section.
s 6: Am 2005 No 44, Sch 1 [5].
7
Conditions relating to payments or other benefits
7 Conditions relating to payments or other benefits
7 Conditions relating to payments or other benefits
(1) A game of two-up is conducted in accordance with this section if:
(a) no payment or other benefit is, for the purpose of participating in the game, given or sought for the right to enter the premises on which the game is to be conducted, and
(b) no payment or other benefit is given or sought for the right to participate in the game (otherwise than by the placing of money by way of a bet), and
(c) no commission on, percentage of, or fee for, bets or winnings is given or sought by any person, whether or not a participant in the game.
(2) This section does not prevent payment of an entrance fee or charge to a licensed racecourse (within the meaning of the Betting and Racing Act 1998) or other ground, so long as the fee or charge is not directly related to the game of two-up.
s 7: Am 2017 No 22, Sch 2.14.
8
Conditions relating to registered clubs
8 Conditions relating to registered clubs
8 Conditions relating to registered clubs
(1) A game of two-up that is conducted on the premises of a registered club, and that involves a payment, benefit, commission, percentage or fee referred to in section 7, is conducted in accordance with this section if:
(a) the conduct of the game is authorised by the club, and
(b) all payments or other benefits involved must be entirely disposed of:
(i) for the benefit of a charity, body or other organisation prescribed by the regulations, or
(ii) if no such charity, body or other organisation is prescribed, for the benefit of any charity or charitable purpose,
and are not to form part of the funds of the club, and
(c) such other requirements (if any) as are prescribed by the regulations for the purposes of this subsection are complied with.
(2) The regulations may require a registered club to report, in accordance with the regulations, on the disposal of all payments or benefits involved in conducting a game of two-up on the premises of the club.
s 8: Am 2005 No 44, Sch 1 [6] [7].
Part 3
Two-up in Broken Hill
Part 3 Two-up in Broken Hill
Part 3 Two-up in Broken Hill
Division 1
Authorisation to conduct two-up in Broken Hill
Division 1 Authorisation to conduct two-up in Broken Hill
Division 1 Authorisation to conduct two-up in Broken Hill
9
Two-up in Broken Hill not unlawful
9 Two-up in Broken Hill not unlawful
9 Two-up in Broken Hill not unlawful
(1) A game of two-up that is played in Broken Hill is not an unlawful game for the purposes of any Act or other law if the game is conducted by or on behalf of the Council:
(a) at an approved location in Broken Hill, and
(b) in accordance with any conditions specified in the Minister’s authorisation under section 10.
(2) Without limiting subsection (1), nothing in the Unlawful Gambling Act 1998 prohibits the playing or conducting of a game of two-up that is lawful because of this section.
(3) The approved two-up premises are declared not to be gambling premises.
10
Authorisation for Council to conduct games of two-up
10 Authorisation for Council to conduct games of two-up
10 Authorisation for Council to conduct games of two-up
(1) The Minister may authorise the Council to conduct games of two-up at an approved location in Broken Hill.
(2) The authorisation:
(a) is to be in writing, and
(b) may be given subject to such conditions as the Minister thinks fit to impose, and
(c) cannot be transferred to another person.
(3) The authorisation remains in force for such period as is specified in the authorisation, unless it is sooner suspended or revoked under this Part.
(4) Despite the provisions of any other Act or law, the Council, if so authorised, may:
(a) conduct games of two-up in Broken Hill in accordance with this Part, and
(b) subject to the conditions of the authorisation, enter into arrangements with other persons to conduct games of two-up on behalf of the Council, and
(c) charge and receive payment from any person for the right:
(i) to enter the approved two-up premises, and
(ii) to participate in games of two-up, and
(d) receive a commission on, percentage of, or fee for, bets or winnings in respect of games of two-up.
11
Conditions of authorisation
11 Conditions of authorisation
11 Conditions of authorisation
(1) The conditions that the Minister can impose when authorising the Council to conduct games of two-up may include conditions relating to any one or more of the following:
(a) the approval of persons who may conduct games of two-up on behalf of the Council, including the approval of the terms and conditions of any arrangements between the Council and such persons,
(b) the manner in which any funds received by the Council in connection with games of two-up are to be applied, and the giving of information by the Council to the Minister relating to such funds,
(c) the payment by the Council to the Minister (as duty to be paid by the Minister into the Consolidated Fund) of an amount from the funds received in connection with games of two-up conducted by or on behalf of the Council,
(d) the approved two-up premises,
(e) the days on which, and the times when, games of two-up may be conducted,
(f) the rules in accordance with which games of two-up are to be conducted,
(g) the display in the approved two-up premises of any such rules and other information relevant to the conduct of games of two-up,
(h) the giving of information (whether in the form of statements, returns or otherwise) by the Council or by a person conducting games of two-up on behalf of the Council to the Minister relating to the conduct of games of two-up, including the operating and other costs incurred by the Council or person in conducting such games,
(i) the auditing of the financial records of the Council, or of a person conducting games of two-up on behalf of the Council, relating to the conduct of games of two-up, including records of the operating and other costs incurred by the Council or person in conducting such games,
(j) the security requirements in respect of games of two-up,
(k) such other matters as the Minister thinks fit.
(2) Without limiting subsection (1), it is a condition of the Council’s authorisation to conduct games of two-up that the Council, or any person conducting games of two-up on behalf of the Council, must not in connection with any game of two-up:
(a) accept any bet made otherwise than by means of money, or
(b) lend money or any other valuable thing, or
(c) extend any form of credit.
12
Withdrawal of Minister’s approval of persons who may conduct two-up on Council’s behalf
12 Withdrawal of Minister’s approval of persons who may conduct two-up on Council’s behalf
12 Withdrawal of Minister’s approval of persons who may conduct two-up on Council’s behalf
(1) The Minister may withdraw approval of a person who may conduct games of two-up on behalf of the Council if the Minister is of the opinion that the integrity or apparent integrity of a game or games of two-up conducted by or on behalf of the Council is likely to be seriously prejudiced because of the criminal record, character or reputation of the person.
(2) The Minister is not to withdraw approval of any such person unless the Minister:
(a) has given the Council and the person notice in writing of the proposed withdrawal, and
(b) has invited the Council and the person to make representations to the Minister, within the period specified in the notice, concerning the proposed withdrawal, and
(c) has, after the end of that period, considered any such representations.
(3) The withdrawal of approval takes effect:
(a) 14 days after the day on which a notice, signed by the Minister, advising the Council and the person of the withdrawal is given to the Council and the person, or
(b) if a later day is specified in the notice—on that day.
13
Alteration of conditions of authorisation
13 Alteration of conditions of authorisation
13 Alteration of conditions of authorisation
(1) The Minister may alter the conditions of the Council’s authorisation to conduct games of two-up by imposing an additional condition or by amending, substituting or revoking a condition.
(2) The Minister must not make an alteration under this section unless the Minister:
(a) has given the Council notice in writing setting out the terms of the proposed alteration and inviting the Council to make representations to the Minister, within the period specified in the notice, concerning the proposed alteration, and
(b) has, after the end of that period, considered any representations so made by or on behalf of the Council.
(3) An alteration under this section takes effect:
(a) 7 days after the day on which a notice advising the Council of the alteration is given to the Council by the Minister, or
(b) if a later day is specified in the notice—on that day.
(4) Subsections (2) and (3) do not apply to an alteration made at the request of the Council. Such an alteration takes effect on the day specified in the notice advising of the alteration that is given by the Minister to the Council.
14
Revocation or suspension of authorisation
14 Revocation or suspension of authorisation
14 Revocation or suspension of authorisation
(1) The Minister may, by notice in writing given to the Council, revoke or suspend the authorisation to conduct games of two-up if:
(a) any game of two-up conducted by or on behalf of the Council is not conducted in accordance with this Part, the rules or the conditions of the authorisation, or
(b) the Council or a person conducting a game on behalf of the Council fails to comply with any direction given to the Council or the person under section 15 or 16.
(2) The Minister may, by notice in writing given to the Council, revoke the authorisation if the Council applies to the Minister to have the authorisation revoked.
(3) The Minister may suspend the authorisation, by notice in writing given to the Council, if the Minister considers it necessary or expedient to do so in order to secure compliance by the Council with a direction given to the Council under section 15 or 16.
(4) The authorisation remains suspended:
(a) until the date specified in the notice of suspension, or
(b) if the notice so specifies—until the Minister is satisfied that the relevant direction has been complied with and the Minister further notifies the Council.
(5) Any revocation or suspension under this section takes effect:
(a) on the day on which a notice of revocation or suspension is given to the Council, or
(b) if a later day is specified in the notice—on that day.
Division 2
Supervision of conduct of two-up in Broken Hill
Division 2 Supervision of conduct of two-up in Broken Hill
Division 2 Supervision of conduct of two-up in Broken Hill
15
Directions to Council and persons conducting two-up on Council’s behalf
15 Directions to Council and persons conducting two-up on Council’s behalf
15 Directions to Council and persons conducting two-up on Council’s behalf
(1) The Minister may, by notice in writing, direct the Council or any person conducting games of two-up on the Council’s behalf to take, or to refrain from taking, such action as may be specified in the notice in relation to any game of two-up conducted by or on behalf of the Council.
(2) The Minister is to give such a direction if the Minister is of the opinion that the integrity or apparent integrity of any game of two-up conducted by or on behalf of the Council is likely to be seriously prejudiced:
(a) by any irregularity or alleged irregularity of any kind, or
(b) by the criminal record, character or reputation of any person concerned in the conduct of any such game, or
(c) by any other fact or circumstance reported to the Minister.
16
Directions concerning key employees
16 Directions concerning key employees
16 Directions concerning key employees
(1) If the Minister is of the opinion that the integrity or apparent integrity of any game of two-up conducted by or on behalf of the Council is likely to be seriously prejudiced:
(a) because of the criminal record of a key employee, or
(b) because of the character or reputation of a key employee,
the Minister may, by notice in writing, give a direction to the Council or other appropriate person that the employment or association by reason of which the key employee is a key employee of the Council or that other person be terminated immediately and not be renewed.
(2) If a key employee refuses or fails to comply with a requirement of a notice served on the key employee under section 23, the Minister may, by notice in writing, give a direction to the Council or other appropriate person that the employment or association by reason of which the key employee is a key employee of the Council or that other person be terminated immediately and not be renewed.
(3) The Council or other person to whom a direction is given under this section must give effect to the direction.
(4) It is taken to be a condition of any agreement or other arrangement entered into between the Council or other person to whom a direction is given under this section and a key employee that the Council or other person has such rights as may be necessary to enable the Council or other person to give effect to the direction.
(5) The termination of an employment or association in accordance with this section has effect despite any other Act or law, or any contract, award or enterprise or other agreement, and the Crown does not incur any liability because of such a termination.
(6) The Minister may, by notice in writing served on the Council or other person to whom a direction is given under this section, revoke or vary the direction.
(7) The Minister may, by notice in writing served on the Council or a person, require the Council or the person to furnish to the Minister:
(a) the names of any key employees of the Council or of the person and the positions held by them, and
(b) any other relevant particulars specified in the notice in relation to key employees.
17
Appointment of two-up inspectors
17 Appointment of two-up inspectors
17 Appointment of two-up inspectors
(1) The Minister may appoint a public servant to be an inspector for the purposes of this Part.
(2) A person is not eligible to be appointed as an inspector unless the person possesses the highest standard of integrity.
(3) The question of whether a person possesses the highest standard of integrity is to be determined by the Minister.
(4) For the purpose of making the determination, the Minister may cause to be carried out all investigations and inquiries that the Minister considers proper and, in particular, may obtain and consider a report from the Commissioner of Police in relation to any person being considered.
(5) The Commissioner of Police is to furnish the report at the request of the Minister and may, for the purpose of the report, require a person to whom the report relates to consent to having his or her photograph taken.
(6) If a person refuses or fails to comply with a request by the Commissioner, the person is not eligible to be appointed to a position as an inspector while the refusal or failure continues.
(7) An inspector is, in the exercise of the inspector’s functions as an inspector, subject to the direction and control of the Minister.
s 17: Am 2018 No 7, Sch 1.4 [1].
18
Identification of two-up inspectors
18 Identification of two-up inspectors
18 Identification of two-up inspectors
(1) An inspector is not authorised to exercise the functions of an inspector unless he or she is in possession of an identification card issued by the Minister.
(2) If an inspector proposing to exercise the functions of an inspector fails to produce on demand his or her identification card, the inspector is not authorised to exercise those functions in relation to the person making the demand.
19
Functions of two-up inspectors
19 Functions of two-up inspectors
19 Functions of two-up inspectors
(1) An inspector may, at any reasonable time, enter and remain on the approved two-up premises for the purpose of doing any one or more of the following:
(a) observing the conduct and playing of a game of two-up,
(b) ascertaining whether the game is being properly conducted,
(c) ascertaining whether the provisions of this Part are being complied with,
(d) in any other respect, exercising his or her functions under this Part.
(2) An inspector may do any one or more of the following:
(a) require any person in possession of, or having control of, any documents relating to the conduct of a game of two-up to produce those documents for inspection and to answer questions or provide information relating to the documents,
(b) inspect any documents relating to the conduct of a game of two-up and take copies of, extracts from, or notes relating to, the documents,
(c) by notice in writing require a key employee or any other person concerned, in any capacity, in the conduct of a game of two-up, to attend before the inspector at a specified time and place and answer questions, or provide information, with respect to the conduct of any such game,
(d) exercise such other functions as may be prescribed by the regulations.
(3) In exercising his or her functions, an inspector may call to his or her aid a police officer if the inspector is obstructed, or believes on reasonable grounds that he or she will be obstructed, in the exercise of those functions.
(4) A police officer has, while acting in aid of an inspector under this section, the functions of an inspector.
20
Offences relating to two-up inspectors
20 Offences relating to two-up inspectors
20 Offences relating to two-up inspectors
A person must not:
(a) obstruct or hinder an inspector when the inspector is exercising or attempting to exercise his or her functions as an inspector, or
(b) fail to produce for inspection any documents relating to the conduct of a game of two-up in the possession, or under the control, of the person when required so to do by an inspector in the exercise of his or her functions as an inspector, or
(c) fail without reasonable excuse to attend before an inspector and answer questions or supply information when required so to do by the inspector in the exercise of his or her functions as an inspector, or
(d) provide to an inspector (whether in answer to a question asked by the inspector or otherwise) information which the person knows is false or misleading in a material particular.
Maximum penalty: 20 penalty units.
21
Information concerning conduct of games of two-up
21 Information concerning conduct of games of two-up
21 Information concerning conduct of games of two-up
(1) The Minister may, by notice in writing, require a key employee or any person conducting a game of two-up by or on behalf of the Council:
(a) to provide the Minister or an inspector, in accordance with directions in the notice, with such information and documents relevant to the conduct of games of two-up by or on behalf of the Council as are specified in the notice, or
(b) to attend before the Minister or an inspector for examination in relation to any matters relevant to the conduct of such games and to answer any question relating to those matters.
(2) A person who fails to comply with any such notice is guilty of an offence.
Maximum penalty: 20 penalty units.
(3) A person (other than a corporation) is not excused from complying with a notice under this section on the ground that compliance might tend to incriminate the person but, if the person claims, before complying with the notice, that compliance might tend to incriminate the person, information provided in compliance with the notice is not admissible in evidence against the person in any criminal proceedings.
(4) If documents are produced under this section, the Minister or inspector to whom they are produced may retain possession of the documents for such period as may reasonably be necessary to permit examination of the documents, the taking of extracts from the documents and the making of copies of the documents.
(5) At any reasonable times during the period for which documents are retained under subsection (4), the Minister or inspector may permit inspection of the documents by a person who would be entitled to inspect them if they were not in the possession of the Minister or an inspector.
(6) A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person.
22
Investigations
22 Investigations
22 Investigations
(1) The Minister may appoint a person to investigate and report on such matters and circumstances as are specified by the Minister and which relate to:
(a) the conduct of a game of two-up, or
(b) any person who, in the opinion of the Minister, is an associate of a person conducting a game of two-up on behalf of the Council, or
(c) a specified person who, or a specified class of persons which includes persons who, in the opinion of the Minister, could affect the conduct of a game of two-up, or
(d) a specified person who, or a specified class of persons which includes persons who, in the opinion of the Minister, could be in a position to exercise direct or indirect control over the Council in relation to the conduct of games of two-up by the Council or over a person conducting such games on behalf of the Council.
(2) A person appointed to carry out an investigation may, for the purposes of the investigation, exercise:
(a) the functions conferred on the Minister under section 21, and
(b) such other functions of the Minister as are specified by the Minister in the instrument of appointment,
as if the person were the Minister.
(3) The exercise of functions under subsection (2) by a person other than the Minister has effect as if the functions had been exercised by the Minister.
23
Information relating to key employees
23 Information relating to key employees
23 Information relating to key employees
(1) The Minister may, by notice in writing served on a key employee, require the key employee:
(a) to consent, in accordance with directions in the notice, to having his or her photograph taken, and
(b) to provide, in accordance with directions in the notice, such information (verified by statutory declaration) relevant to the key employee as is specified in the notice, and
(c) to produce, in accordance with directions in the notice, such documents relevant to the key employee as are specified in the notice and to permit examination of the documents, the taking of extracts from them and the making of copies of them, and
(d) to furnish such authorities and consents as the Minister may require for the purpose of obtaining further information (including financial and other confidential information) from other persons and institutions.
(2) The Minister is to refer to the Commissioner of Police copies of any photographs taken in respect of a key employee under this section and any supporting information that the Minister considers to be appropriate for referral to the Commissioner.
(3) The Commissioner of Police is to inquire into, and report to the Minister on, such matters concerning the key employee as the Minister may request.
(4) A key employee is not excused from complying with a requirement of a notice under this section on the ground that compliance might tend to incriminate the employee. However, if the employee claims, before complying with the requirement, that compliance might tend to incriminate the employee, information provided in compliance with the requirement is not admissible in evidence against the employee in any criminal proceedings.
(5) A key employee who complies with a requirement of a notice under this section does not on that account incur a liability to another person.
s 23: Am 2018 No 7, Sch 1.4 [2].
Part 4
Miscellaneous
Part 4 Miscellaneous
Part 4 Miscellaneous
24
Prohibition on betting with minors
24 Prohibition on betting with minors
24 Prohibition on betting with minors
(1) Any person who is concerned in the conduct or playing of a game of two-up in accordance with this Act must not make or accept any bet, or permit any bet to be made or accepted, with or from a minor in relation to any such game.
Maximum penalty: 50 penalty units or imprisonment for 12 months (or both).
(2) A person is not guilty of an offence under this section if the person proves that, before any such bet was made or accepted, acceptable proof of age for the minor was produced to the person.
(3) This section does not limit any other offence under this or any other Act or law that relates to betting with or by minors.
(4) In this section:
acceptable proof of age for a person means documentary evidence that might reasonably be accepted as applying to the person and as proving that the person is at least 18 years of age.
25
General defence for participants in unlawful games of two-up
25 General defence for participants in unlawful games of two-up
25 General defence for participants in unlawful games of two-up
If a game of two-up is unlawful because:
(a) any of the requirements referred to in section 7 or 8 are not satisfied, or
(b) being a game that is conducted in the City of Broken Hill—it is not conducted in accordance with Part 3,
a participant in the game is not guilty of an offence under section 14 of the Unlawful Gambling Act 1998 unless it is proved that the participant knew, or in the circumstances should have known or suspected, that the game was an unlawful game.
26
Rules
26 Rules
26 Rules
(1) The Council may make rules for or with respect to the conduct of games of two-up by or on behalf of the Council in accordance with Part 3.
(2) The rules are not to be inconsistent with this Act, the regulations or the conditions imposed by the Minister when authorising the Council to conduct games of two-up.
(3) A rule:
(a) must be approved in writing by the Minister before it is made, and
(b) must be published in the Gazette, and
(c) takes effect on and from the date of publication (or such later date as may be specified in the rule).
(4) The power to make rules includes a power to amend or repeal a rule made in accordance with this section.
27
Delegation
27 Delegation
27 Delegation
The Minister may delegate to any public servant any of the Minister’s functions under this Act, other than this power of delegation.
28
Destruction of fingerprints and palm prints
28 Destruction of fingerprints and palm prints
28 Destruction of fingerprints and palm prints
(1) Any fingerprints or palm prints obtained under Part 3 (as in force before the amendment of provisions of that Part by the Liquor and Gaming Legislation Amendment Act 2018), and any copies of them, are to be destroyed if the key employee from whom they were obtained is no longer a key employee.
(2) A person who has possession of any such fingerprints or palm prints, or copies of them, must deliver them to the Minister, in accordance with the written directions of the Minister, to enable subsection (1) to be complied with.
Maximum penalty (subsection (2)): 20 penalty units.
s 28: Am 2018 No 7, Sch 1.4 [3].
29
Secrecy
29 Secrecy
29 Secrecy
(1) A person who acquires information in the exercise of functions under Part 3 must not, directly or indirectly, make a record of the information or divulge the information to another person, except in the exercise of functions under Part 3.
Maximum penalty: 50 penalty units.
(2) Despite subsection (1), information may be divulged:
(a) to a particular person or persons, if the Minister certifies that it is necessary in the public interest that the information be divulged to the person or persons, or
(b) to a person, or an authority, prescribed by the regulations, or
(c) to a person who is expressly or impliedly authorised to obtain it by the person to whom the information relates.
(3) It is not an offence under this section if, in any legal proceedings, a person divulges the information:
(a) in answer to a question that the person is compellable to answer, or
(b) by providing a document or other thing that the person is compellable to produce.
(4) An authority or person to whom information is divulged under this section, and a person or employee under the control of that authority or person, are, in respect of that information, subject to the same rights, privileges and duties under this section as they would be if that authority, person or employee were a person exercising functions under Part 3 and had acquired the information in the exercise of those functions.
(5) This section does not apply to the divulging of information to, or the production of any document or other thing to, any of the following:
(a) the Independent Commission Against Corruption,
(b) the Australian Crime Commission,
(c) the New South Wales Crime Commission,
(d) the Ombudsman,
(e) any other person or body prescribed by the regulations for the purposes of this subsection.
(6) (Repealed)
(7) In this section, a reference to the divulging of information includes a reference to the production of a document or other thing and the provision of access to the document or other thing.
s 29: Am 2003 No 13, Sch 1.9; 2009 No 54, Sch 2.21.
30
Proceedings for offences
30 Proceedings for offences
30 Proceedings for offences
Proceedings for an offence under this Act or the regulations are to be dealt with summarily before the Local Court.
s 30: Am 2007 No 94, Sch 4.
31
Regulations
31 Regulations
31 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) Without limiting the generality of subsection (1), the regulations may make provision for or with respect to any matter relating to the conduct of games of two-up in accordance with this Act.
(3) A regulation may create an offence punishable by a penalty not exceeding 20 penalty units.
32
Savings and transitional provisions
32 Savings and transitional provisions
32 Savings and transitional provisions
Schedule 1 has effect.
33
Review of Act
33 Review of Act
33 Review of Act
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
Schedule 1
Savings and transitional provisions
Schedule 1 Savings and transitional provisions
Schedule 1 Savings and transitional provisions
(Section 32)
sch 1: Am 2005 No 44, Sch 1 [8].
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act is the Gambling (Two-up) Act 1998.
2 Commencement
2 Commencement
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Objects of Act
3 Objects of Act
3 Objects of Act
The objects of this Act are as follows:
(a) to legalise the conduct of:
(i) games of two-up on Anzac Day and other commemorative days, and
(ii) games of two-up in Broken Hill,
(b) to ensure that those games:
(i) are conducted honestly and with appropriate controls to prevent fraudulent activity, and
(ii) are conducted free from criminal influence and exploitation,
(c) to minimise, in the public interest, any adverse social effects of lawful gambling, and in particular to minimise the potential for lawful gambling to cause harm to individuals and families.
s 3: Am 2005 No 44, Sch 1 [1].
4 Definitions
4 Definitions
4 Definitions
(1) In this Act:
Anzac Day means 25 April in any year.
approved means approved by the Minister from time to time.
approved two-up premises means the location at which the Council is authorised by the Minister under Part 3 to conduct games of two-up in accordance with that Part.
Broken Hill means the local government area of the City of Broken Hill.
charitable purpose includes any benevolent, philanthropic or patriotic purpose.
commemorative day—see section 4A.
Council means the Council of Broken Hill.
exercise a function includes perform a duty.
function includes a duty.
gambling premises has the same meaning as in the Unlawful Gambling Act 1998.
Empowers inspectors appointed by the Minister to enter approved premises at reasonable times, inspect conduct and documents, require attendance and answers from persons engaged in running games, and to call police for assistance (ss 17-19). Inspectors must carry Minister-issued identification cards (s 18).
Creates criminal and administrative penalties for obstruction, failure to produce documents or information, providing false information, betting with minors, secrecy breaches and non-compliance with information notices; proceedings are to be dealt with summarily in the Local Court (ss 20, 21, 24, 29, 30).
Provides rule‑making powers for the Broken Hill Council, subject to Ministerial approval and Gazette publication (s 26), and a delegation power for the Minister (s 27).
Contains savings and transitional machinery carrying forward certain authorisations, inspectors and rules from the repealed Gaming and Betting Act 1912 into this Act (Schedule 1 and s 32).
The Act therefore creates two parallel regulatory tracks: a light‑touch permission for Anzac Day and other commemorative-day play with strict limits on commercialisation (Part 2), and a controlled, ministerially supervised commercial authorisation for Broken Hill where the Council may levy entry and participation charges and receive commission but must submit to express supervisory and information duties (Part 3).
Main concepts
The Act defines and organises a limited set of legal concepts that determine when two-up is lawful and how it must be conducted. Core definitional and conceptual features to track are:
Two-up and associated betting: The Act treats references to a game of two-up as extending to the betting and side betting associated with the game and treats participants to include persons engaged in such betting (s 4(2)(a)-(b)). That means regulatory duties and offences attach not only to the toss and play but to betting activity connected to it.
Temporal and geographical carve-outs: Anzac Day is defined as 25 April (s 4). Commemorative days are listed in s 4A (15 August, 11 November after 12 noon, and any day or part prescribed by regulation). Part 2 applies to games on Anzac Day and commemorative days, while Part 3 addresses games in the Broken Hill local government area (s 4, s 4A, s 9). Part 2 does not apply to games on “gambling premises” or to premises or classes of premises excluded by regulation (s 5).
Permissive-but-restrictive approach for commemorative-day games: Games on Anzac Day/commemorative days are lawful if they meet the non-commercial conditions in s 7, or where they occur in registered clubs and comply with the charitable-disposal rule in s 8. Section 7 sets a general prohibition on charging for entry tied to the game, charging to participate other than by bets, and taking a commission, percentage or fee on bets or winnings (s 7(1)). Section 8 permits deviations for registered clubs only with club authorisation and with all payments disposed of to prescribed charities and not forming part of club funds; regulations may require reporting (s 8).
Ministerial authorisation and conditions for Broken Hill: The Minister may authorise the Broken Hill Council to conduct two-up at specified approved locations under a written authorisation that can carry conditions, is non-transferable and lasts for a specified period unless suspended or revoked (s 10). Conditions may regulate approved operators, financial accounting and auditing, remit payments to the Consolidated Fund, specify approved premises, days and times, and the rules of play (s 11). The authorisation allows the Council, despite other laws, to charge for entry and participation and to take commissions (s 10(4)(c)-(d)), but also to be subject to audit, reporting and other conditions (s 11).
Integrity, personnel control and vetting: The Act emphasises integrity control through the Minister’s power to withdraw approval for persons conducting games on the Council’s behalf if their criminal record, character or reputation might seriously prejudice integrity (s 12). The Minister may direct termination of key employees for integrity reasons (s 16), require photographs and information from key employees (s 23), and appoint inspectors who must meet the “highest standard of integrity” as determined by the Minister, with police reporting as part of vetting (s 17).
Oversight, inspection and compulsion: Inspectors can enter approved premises at reasonable times, observe games, inspect and require production of documents, require attendance and answers, and call police if obstructed; police assisting an inspector exercise the functions of an inspector (ss 18-19). The Minister can also appoint investigators with the Minister’s functions for specified inquiries (s 22). The Minister may require information and documents from operators and key employees; failure to comply is an offence carrying penalty units (ss 21, 23).
Rules and publication: The Council may make rules governing the conduct of two-up under Part 3, but rules must be approved in writing by the Minister before being made, published in the Gazette and will take effect on publication (s 26). This creates a two-stage rule regime: local rule-making constrained by Ministerial approval and publication requirements.
Secrecy and disclosure limits: Persons who acquire information under Part 3 are prohibited from making records or divulging information except in the exercise of Part 3 functions (s 29(1)). The Act lists limited exceptions (Ministerial certification for public interest, prescribed persons and authorities, persons authorised by the subject of the information), and expressly exempts certain investigative bodies from the secrecy restriction (s 29(2), (5)). Penalties apply for unlawful divulgence (s 29(1)).
Each of these conceptual components is anchored to explicit sections: definitions and scope (s 4-4A, s 5), conditions for commemorative days (ss 6-8), Broken Hill authorisation and conditions (ss 9-16), inspector and information powers (ss 17-23), secrecy (s 29), offences and sanctions (ss 20-24), and rulemaking and publication (s 26). The statute thus separates a low‑commercialisation commemorative‑day tolerance from a ministerially controlled commercial framework for Broken Hill, and allocates substantial supervisory and investigatory powers to the Minister and Minister‑appointed inspectors.
Who it affects
The Act creates distinct sets of affected persons and entities, and allocates rights, obligations and exposure to enforcement differently between them.
Primary affected parties
Participants and bettors: Persons who participate in two-up games or engage in betting and side betting during such games are within the Act’s ambit, since references to participants extend to persons engaged in associated betting (s 4(2)). Participants face obligations where games are unlawful (defence in s 25) and are protected by age restrictions (s 24).
Broken Hill Council: If authorised by the Minister, the Council is the central operational actor in Part 3 and may conduct games, licence others to conduct games on its behalf, charge for entry and participation and take commissions (s 10(4)). The Council is also the recipient of conditions, directions, reporting and auditing obligations (ss 10-16, 21).
Persons conducting games on behalf of the Council: Private operators engaged under arrangements with the Council are subject to Ministerial approval via conditions, may be required to furnish information, and must comply with directions and inspections (ss 10(4)(b), 11, 15-16, 19-21). The Minister can withdraw approval of such persons if their character or criminal record threatens integrity (s 12).
Key employees: The Act defines “key employee” broadly to capture managerial, supervisory and decision-making persons and those prescribed by regulation (s 4). Key employees are subject to special information obligations (photographs, statutory declarations of information and authorities for checks) (s 23), and directions to terminate employment can be issued where integrity is in question (s 16).
Inspectors and the Minister’s delegates: Inspectors are appointed public servants wielding entry, document and information powers; the Minister may delegate most powers to public servants (ss 17-19, 27). Inspectors must hold Ministerial identification to act (s 18).
Registered clubs: Registered clubs are expressly addressed. Two-up on Anzac Day/commemorative days at club premises may be lawful even where payments and fees are charged, but only where the club authorises the conduct and payments are disposed entirely to prescribed charities and do not form part of club funds (s 8). Regulations may require reporting by clubs (s 8(2)).
Minors: Betting with or by minors is prohibited with a heavy penalty; proof of age defence is permitted if acceptable documentary evidence is produced (s 24).
Secondary affected parties and public authorities
The Minister: The Minister holds broad decision-making, approval, direction, appointment and investigatory powers under Part 3, including discretionary assessments of integrity, approval of rules, delegation of functions and revocation/suspension of authorisations (ss 10-17, 26-27).
Police and investigative bodies: Police may be called to assist inspectors and, when assisting, exercise inspectors’ functions (s 19(3)-(4)). The Commissioner of Police is integrated into vetting for inspectors and key employees (s 17(4)-(5), s 23(2)-(3)). Designated investigative bodies are exceptions to secrecy rules (s 29(5)).
Persons or authorities prescribed by regulation: The Act permits regulations to prescribe persons and classes who may receive information divulged under s 29(2)(b) and to prescribe commemorative days (s 4A(1)(c), s 29(2)(b), s 31).
Who pays and who benefits
Where two-up is conducted under the Broken Hill authorisation, the Council may charge entry and participation fees and receive commissions; the Minister may impose a condition requiring payment from funds received to be paid to the Minister and into the Consolidated Fund (s 10(4)(c)-(d), s 11(1)(c)). For commemorative-day two-up (Part 2), the model is non‑commercial: participants do not pay for entry or participation other than bets, and no commission may be taken (s 7), except in registered clubs where payments must go to charities and not club funds (s 8).
Compliance costs fall on the Council and any private persons conducting games on its behalf in Broken Hill (obligations to create rules, keep and provide financial records, comply with audit requirements, essential security and key employee vetting under ss 11, 21). Registered clubs electing to run games with payments will face the obligation to ensure payments go to prescribed charities, and may face regulatory reporting (s 8(1)(b), (2)).
Decision-making locus and enforcement exposure
The Minister decides on authorisations, approvals of persons and rules, appoints inspectors and investigators, issues directions and may suspend or revoke authorisations (ss 10-17, 22, 26). Inspectors and investigators exercise operational enforcement (ss 17-19, 22). Offences and prosecutions are summary matters in a Local Court (s 30).
The Act therefore affects participants, clubs, the Broken Hill Council, private operators, key employees and public officials, with the distribution of regulatory obligations and economic returns differing markedly between the commemorative day regime (limited commercial allowance) and the Broken Hill authorisation (ministerially supervised commercial operation).
Key duties and rights
The Act sets out explicit duties, permissions and limited rights for operators, Councils, clubs, key employees, inspectors and the Minister. The following are the principal operative duties and rights, with section references:
Duties on game conduct for commemorative days (Part 2)
No payment or benefit may be given or sought for the right to enter premises to participate in the game, and no payment or benefit can be given or sought to participate other than by placing money by way of a bet (s 7(1)(a)-(b)). No commission, percentage or fee on bets or winnings may be taken by any person (s 7(1)(c)).
Exception for licensed racecourses and “grounds” allows an entrance fee that is not directly related to the two-up game (s 7(2)).
Registered clubs may authorise two-up even where payments or commissions occur, but all such payments must be entirely disposed of to prescribed charities or, if none prescribed, to any charity, and must not form part of club funds (s 8(1)(a)-(b)). Regulations may require reporting of disposal of payments or benefits (s 8(2)). This creates a duty of transparent disposition and potential reporting obligations for clubs.
Duties and rights in Broken Hill (Part 3)
The Minister may authorise the Council in writing to conduct games at an approved location, and the authorisation may specify conditions; the authorisation can be time-limited and is non-transferrable (s 10(1)-(3)). The Council, when authorised, may, despite other laws, conduct games, contract others to do so on its behalf, charge for entry and participation, and receive commissions (s 10(4)(a)-(d)). The right to charge is therefore conditional on Ministerial authorisation.
The Minister may impose conditions relating to approval of persons to run games, the application of funds received, payment of amounts to the Minister into the Consolidated Fund, approved premises, days and times, rules, display requirements, information and auditing obligations, and security requirements (s 11(1)(a)-(k)). These create ongoing compliance duties for the Council and its agents.
It is a condition of authorisation that the Council or any person conducting games on its behalf must not accept bets other than by money, lend money or valuable things, or extend credit in connection with any game (s 11(2)(a)-(c)). This duty is intended to limit gambling credit risk and non‑monetary wagering.
Personnel and integrity duties
The Minister can withdraw approval of a person conducting games on behalf of the Council where that person’s criminal record, character or reputation could seriously prejudice the integrity of games, but must give notice and an opportunity to make representations before doing so (s 12(1)-(3)). This requires procedural steps before withdrawal, creating a duty on the Minister to consult.
The Minister may vary conditions of authorisation after giving notice and inviting representations, with a default seven-day effect period for alterations (s 13). Alterations requested by the Council take effect on the date specified in the notice (s 13(4)).
The Minister may give written directions to the Council or persons conducting games to take or refrain from specified actions when the Minister believes integrity is or may be seriously prejudiced by irregularities or by the criminal record, character or reputation of persons concerned (s 15). This creates a duty to follow Ministerial directions given under s 15.
For key employees, the Minister can direct termination of employment or association if the Minister forms the opinion that a key employee’s criminal record, character or reputation is likely to seriously prejudice integrity; the Council or employer must give effect to the direction (s 16(1), (3)). The Act further provides that such terminations take effect despite other law or contract and that the Crown does not incur liability (s 16(5)). This imposes a removal duty on employers and bars damages claims against the Crown for compliance.
Information and inspection duties and rights
Inspectors (Minister-appointed public servants satisfying the Minister on “highest standard of integrity”) may enter approved premises at reasonable times for observation, ascertain compliance, require production of documents, examine documents, require persons to attend and answer questions, and exercise other prescribed functions (ss 17-19). Inspectors have the right to call police when obstructed; police then exercise inspector functions (s 19(3)-(4)). Inspectors must possess a Minister-issued identification card to exercise functions; failure to produce it on demand disqualifies the exercise of inspector functions in relation to the demanding person (s 18).
The Minister may, by written notice, require key employees or persons conducting games on behalf of the Council to provide specified information and documents, attend for examination and answer questions; non-compliance is an offence (s 21). Natural persons are not excused from compliance on self-incrimination grounds, although they may claim that compliance will tend to incriminate and, if they do, the information given is not admissible against them in criminal proceedings (s 21(3)).
The Minister may appoint investigators to investigate and report on the conduct of games, associates of operators, classes of persons who could affect two-up, or persons who could exercise control over the Council or operators; investigators may exercise the Minister’s functions under s 21 and other specified functions (s 22).
Secrecy and other duties
Persons acquiring information under Part 3 must not record or divulge it except in the exercise of Part 3 functions; exceptions include Ministerial certification where necessary in the public interest, prescribed persons or authorities, and persons authorised by the subject of the information; specified investigative bodies are exempt from the secrecy prohibition (s 29). This imposes a confidentiality duty on officials and agents engaged in oversight.
Persons must not obstruct inspectors, must produce documents when required, must attend and answer questions or supply information when required, and must not provide false or misleading information to inspectors (s 20). Each of these is an offence carrying a penalty (maximum 20 penalty units for s 20 offences).
Defences and protections
Participants in unlawful two-up have a statutory defence to s 14 of the Unlawful Gambling Act 1998 unless the prosecution proves that the participant knew or should have known the game was unlawful (s 25). This creates a knowledge-based defence for participants.
Non-corporate persons required to supply information under s 21 or s 23 are not excused from compliance on the ground that the information tends to incriminate; however, if they make a claim before complying that it may incriminate, information provided is not admissible against them in criminal proceedings (s 21(3), s 23(4)). That is a limited use immunity.
Procedural rights of consultation
For withdrawal of approval (s 12) and alterations of conditions (s 13), the Minister must give notice and invite representations and consider them before proceeding, giving the Council and affected persons a right to make submissions. These procedural safeguards are explicit duties on the Minister to consult before adverse administrative steps.
These duties and rights allocate regulatory obligations and limited entitlements across Minister, Council, operators, key employees, inspectors and participants. The Act combines substantive prohibitions (no commissions on commemorative days, no betting with minors, no credit in Broken Hill) with procedural duties (reporting, auditing, attendance at examinations) and significant administrative discretions vested in the Minister.
Penalties and enforcement
The statute establishes a mix of criminal penalties expressed in penalty units and imprisonment, summary enforcement procedures in the Local Court, administrative powers including suspension and revocation of authorisations, directions, and investigatory tools. Key enforcement provisions are:
Criminal offences and penalties
Obstruction and failures under inspector powers: A person who obstructs or hinders an inspector, fails to produce documents relating to the conduct of a two-up game when required, fails without reasonable excuse to attend before an inspector and answer questions or supply information when required, or provides false or misleading information to an inspector, commits an offence with a maximum penalty of 20 penalty units (s 20). The Act does not specify the monetary value of a penalty unit; it records the penalty in units.
Failure to comply with Ministerial information notice: A person who fails to comply with a written notice under s 21 to provide information or attend for examination is guilty of an offence punishable by up to 20 penalty units (s 21(2)).
Betting with minors: Any person concerned in the conduct or playing of two-up in accordance with this Act who makes or accepts a bet with or from a minor, or permits such a bet, is liable to a maximum penalty of 50 penalty units or imprisonment for 12 months, or both (s 24(1)). A defence exists if acceptable proof of age was produced before the bet (s 24(2)). The section does not limit other possible offences under other Acts related to betting with minors (s 24(3)).
Secrecy breaches: A person who acquires information in the exercise of functions under Part 3 must not make a record of the information or divulge it except in the exercise of those functions; breach carries a maximum penalty of 50 penalty units (s 29(1)). The secrecy obligations are subject to the enumerated exceptions in s 29(2), (3), and (5).
Destruction/delivery duty for prints: A person in possession of fingerprints or palm prints obtained under earlier versions of Part 3 must deliver them to the Minister on written directions to enable destruction; failure to do so carries a maximum penalty of 20 penalty units (s 28(2)).
Administrative and regulatory enforcement
Ministerial directions: The Minister has power to direct the Council or any person conducting games on the Council’s behalf to take or refrain from actions where the Minister believes the integrity or apparent integrity of games is likely to be seriously prejudiced (s 15). Directions to terminate key employees may be issued where integrity is at risk, and the Council or employer must give effect to those directions (s 16). Failure to obey directions can be a ground for suspension or revocation of authorisation (s 14(1)(b)).
Suspension and revocation: The Minister may suspend or revoke the Council’s authorisation where games are not conducted in accordance with this Part, the rules, or authorisation conditions, or where directions are not complied with (s 14(1)). Suspension may be used to secure compliance and takes effect upon notice (s 14(3)-(5)). The Minister may also revoke if the Council applies to revoke (s 14(2)).
Inspectors: Inspectors are empowered to enter approved two-up premises at reasonable times for observation, ascertain compliance, require documents, inspect and make copies, and summon persons for questioning (s 19). Inspectors can call police to assist and police exercising that assistance have inspector functions (s 19(3)-(4)).
Investigations and compelled evidence: The Minister can appoint an investigator with the Minister’s powers under s 21 to investigate persons and circumstances relevant to conduct of games, associates and persons who could affect or control the conduct of games (s 22). The investigator can exercise the Minister’s information‑gathering powers and specified functions (s 22(2)).
Summary proceedings: Proceedings for any offence under the Act or the regulations are to be dealt with summarily in the Local Court (s 30). That procedural choice affects evidentiary standards, remedies and sentencing (but specific sentencing guidelines are not in the Act).
Protections and limits on enforcement
Procedural fairness requirements are built into withdrawals and alterations of authorisation: the Minister cannot withdraw approval of persons (s 12) or alter conditions (s 13) without giving notice and an opportunity to make representations, and must consider representations (s 12(2), s 13(2)). This imposes administrative law procedural duties on the Minister.
Compulsion and self‑incrimination: Natural persons are not excused from complying with s 21 and s 23 notices on the ground that compliance might tend to incriminate them, but if they claim that it may incriminate before compliance, information given is not admissible in criminal proceedings against them (s 21(3); s 23(4)). This is a limited statutory use immunity.
Identification requirement for inspectors: An inspector must be in possession of an identification card issued by the Minister to lawfully exercise functions; failure to produce the card on demand disqualifies the inspector from exercising functions in relation to the person making the demand (s 18). This adds a practical check on inspector authority.
Other enforcement mechanisms
Rules and compliance: The Council’s rules governing two-up in Broken Hill must be approved in writing by the Minister and published in the Gazette to take effect (s 26). Non‑compliance with rules or conditions is a ground for suspension or revocation (s 14).
Financial oversight and possible payment to Consolidated Fund: The Minister may make payment of amounts from funds received in connection with two-up a condition of authorisation to be paid to the Minister into the Consolidated Fund (s 11(1)(c)). Conditions may also require auditing and disclosure of operating costs (s 11(1)(h)-(i)).
Enforcement therefore combines criminal sanctions for obstruction, false information, secrecy breaches and betting with minors, with administrative levers,directions, investigation, inspection, suspension and revocation,chiefly exercisable by the Minister and supported by inspector powers and Local Court jurisdiction for prosecutions.
How it interacts with other laws
The Act situates two-up regulation within, and in some places overrides, existing gambling and administrative frameworks. Its interactions with other statutes are explicit in several provisions.
Relationship with the Unlawful Gambling Act 1998
The Act expressly declares that games of two-up conducted in accordance with this Act are not unlawful for the purposes of any Act or other law (s 6(1)). Subsection 6(2) specifically states that nothing in the Unlawful Gambling Act 1998 prohibits playing or conducting a game of two-up that is lawful because of this Act. Thus, where this Act authorises two-up, it displaces the application of the Unlawful Gambling Act 1998 to that activity (s 6). The Act also borrows the definition “gambling premises” from the Unlawful Gambling Act 1998 via s 4.
Interaction with the Registered Clubs Act 1976
The Act uses the term “registered club” with the same meaning as in the Registered Clubs Act 1976 (s 4). Section 6(1)(a) contemplates games on premises of registered clubs in accordance with s 7; section 8 creates a specific regime for games on registered club premises where payments are involved, requiring club authorisation and charitable disposal of payments. Thus the Club regulatory regime is relevant in defining venue and club responsibilities but the Act imposes its own charity‑disposal duty separate from the Registered Clubs Act (s 8).
Interaction with the Betting and Racing Act 1998
Section 7(2) permits payment of an entrance fee or charge to a licensed racecourse “within the meaning of the Betting and Racing Act 1998” so long as the fee is not directly related to the game of two-up. This references the Betting and Racing Act to define the concept of a licensed racecourse for purpose of permitted entrance fees.
Carry‑over from the repealed Gaming and Betting Act 1912
Schedule 1 and clause 2 of that schedule provide that authorisations, inspectors and rules that existed under the old Gaming and Betting Act 1912’s Part 3A are to be taken as having been given or made under this Act (Schedule 1 cl 2). This is a transitional saving effecting continuity of authorisations and personnel after repeal of the older Act (Schedule 1 cl 2(1)-(4)).
Administrative law and Crown immunity aspects
The Act allows the Minister to impose conditions and exercise discretions but also prescribes procedural consultation requirements before withdrawal or alteration of conditions in ss 12 and 13. Those procedural prescriptions interact with administrative law principles of procedural fairness; the Act imposes particularised notice-and-representation steps which structure the exercise of discretions.
Section 16(5) states that termination of employment or association ordered under s 16 has effect despite any other Act or law or contract and that the Crown does not incur any liability because of such termination. That creates a statutory override of contractual and other legal remedies against the Crown in respect of such terminations.
Evidence and privilege regimes
The Act creates statutory protections around compelled information from natural persons: material provided after a claim of self-incrimination is not admissible in criminal proceedings (s 21(3), s 23(4)). This interacts with common law privilege against self‑incrimination by statutorily limiting use of compelled information while not allowing refusal to provide it.
Secrecy and disclosure exceptions
The secrecy prohibition in s 29 interacts with other statutory investigative bodies by permitting disclosure to the Independent Commission Against Corruption, the Australian Crime Commission, the New South Wales Crime Commission, the Ombudsman and other prescribed persons (s 29(5)). That integrates Part 3 oversight with existing investigative and integrity agencies.
Regulations and delegated legislation
The Governor may make regulations under s 31 to carry the Act into effect, including prescribing commemorative days (s 4A) and creating offences (s 31(3)). Regulations may also exclude classes of premises from Part 2 (s 5) and may prescribe details about key employees and reporting requirements for registered clubs (s 4, s 8(2)). The Act therefore anticipates that detailed operational rules will be set through subordinate legislation.
Court procedure
Proceedings for offences under the Act or regulations are to be dealt with summarily before the Local Court (s 30). That procedural prescription interacts with the jurisdictional limits and sentencing powers of the Local Court and the practice of summary criminal procedure.
Overall, the Act carves out specific legal exemptions from the general unlawful gambling prohibition for two-up in the defined contexts, imports definitions from other gambling legislation, requires coordination with registered‑club and betting/racing regimes, integrates investigative and policing functions, and contains transitional provisions to carry forward authorisations and inspectors from the prior Gaming and Betting Act 1912.
Amendment history
The version of the Act provided shows a number of amendments and insertions recorded as in‑text notes. The statute is annotated with amendment references indicating the legislative instruments and schedules that altered particular sections. The following is a synthesis of the amendments as recorded in the Act text and the provisions they affected:
2003 amendment: Section 29 was amended in 2003 (notation: Am 2003 No 13, Sch 1.9) to adjust secrecy provisions. The text shows s 29 as having been amended, though the text itself reflects the current secrecy rules including the list of investigative bodies in s 29(5). The record indicates the secrecy regime was modified in that year (s 29 note).
2005 amendments: Several provisions show amendments by the Gambling (Two-up) Amendment Act 2005 (Am 2005 No 44, Sch 1). The notes record amendments to:
s 3 (Objects) , annotated as amended in 2005 (s 3: Am 2005 No 44, Sch 1 [1]).
s 4 (Definitions) , annotated as amended (s 4: Am 2005 No 44, Sch 1 [2]).
Part 2 heading , amended (pt 2, hdg: Am 2005 No 44, Sch 1 [4]).
s 6 , amended (s 6: Am 2005 No 44, Sch 1 [5]).
s 8 , amended (s 8: Am 2005 No 44, Sch 1 [6] [7]).
Schedule 1 , amended (sch 1: Am 2005 No 44, Sch 1 [8]).
The 2005 amendments also inserted s 4A (meaning of “commemorative day”) and other structural changes; s 4A’s note shows it was inserted in 2005 and later substituted in 2015.
2007 amendment: Section 30 (Proceedings for offences) was amended in 2007 (s 30: Am 2007 No 94, Sch 4), recording that proceedings for offences under the Act are to be dealt with summarily before the Local Court.
2009 amendment: Section 29 was further amended in 2009 (s 29: Am 2009 No 54, Sch 2.21), indicating further modification to secrecy provisions and exceptions.
2015 amendment: Section 4A (commemorative day) was substituted in 2015 (s 4A: Subst 2015 No 15, Sch 1.11). The substituted provision defines commemorative days to include 15 August and 11 November (after midday) and leaves open the power for regulations to prescribe additional commemorative days.
2017 amendment: Section 7 was amended in 2017 (s 7: Am 2017 No 22, Sch 2.14) , the in-text note signals a change to the conditions relating to payments or other benefits for commemorative day games, though the current s 7 text in this copy contains the present prohibition on entry fees tied to the game, participation charges other than bets, and commissions.
2018 amendments: Multiple provisions were amended in 2018 by the Liquor and Gaming Legislation Amendment Act 2018 (Am 2018 No 7, Sch 1.4). The notes identify amendments to:
s 17 (Appointment of inspectors) , s 17: Am 2018 No 7, Sch 1.4 [1]; changes include vetting and the requirement that the Minister determine integrity and may obtain police reports for appointment.
s 23 (Information relating to key employees) , s 23: Am 2018 No 7, Sch 1.4 [2]; this introduced the current regime for requiring photographs, statutory declarations and authorities for obtaining further information, and the role of the Commissioner of Police in inquiries.
s 28 (Destruction of fingerprints and palm prints) , s 28: Am 2018 No 7, Sch 1.4 [3]; this deals with earlier fingerprint/palm print collection and requires destruction where a person is no longer a key employee.
These in-text amendment annotations identify the discrete statutes and schedules that changed the Act over time. The Act also contains a review requirement (s 33) requiring the Minister to review the Act five years after assent and to table a report within 12 months thereafter; the presence of that provision suggests a legislative intent to revisit the statute’s appropriateness at prescribed intervals (s 33).
Schedule 1 contains savings and transitional provisions linked to the repeal of provisions in the Gaming and Betting Act 1912 and the commencement of this Act and related amendments; it was itself amended in 2005 (Schedule 1: Am 2005 No 44, Sch 1 [8]). The schedule preserves authorisations, inspectors and rules that existed under the earlier Act by taking them to have been given or made under this Act (Schedule 1 cl 2).
This amendment history is entirely as recorded inside the text provided. The Act thus shows a history of targeted amendments affecting definitions, secrecy and integrity vetting, the treatment of commemorative days, and the machinery for appointment and oversight of inspectors and key employees.
Litigation history
The text of the Act supplied contains no decisions, cases or judicial interpretations. The Act itself records procedural venue for offences , that proceedings for any offence under the Act or the regulations are to be dealt with summarily before the Local Court (s 30) , but it does not mention any prosecutions, appeals or decisions. Therefore, within the primary source provided, there is no litigation history to summarise.
What the Act does supply that is relevant to litigation and adjudication:
Jurisdictional allocation: All offences under the Act or its regulations are to be dealt with summarily before the Local Court (s 30). This directs the route for prosecutions and means that any contested charges under the Act would start as summary criminal proceedings at the Local Court level.
Evidentiary and privilege consequences: The Act specifies that natural persons are not excused from complying with information notices on self-incrimination grounds, though if they claim that compliance might tend to incriminate, the information provided is not admissible against them in criminal proceedings (s 21(3), s 23(4)). That statutory use immunity will be a relevant litigation consideration for defence and prosecution strategies.
Procedural obligations on Ministerial action: The Act imposes notice and representations requirements on the Minister before withdrawing approval of persons or altering conditions of authorisation (ss 12-13). Those statutory requirements would inform judicial review claims about procedural fairness if a person or the Council alleges the Minister failed to comply with the statutory consultation steps.
Termination without liability: Section 16(5) provides that termination of a key employee under a Ministerial direction has effect despite other Acts or contracts and that the Crown does not incur liability because of such a termination. That provision would limit civil remedies against the Crown for key employee terminations ordered under the Act, and could be a point of contention in any litigation alleging wrongful dismissal, although the Act itself bars Crown liability for such terminations.
If a practitioner needs to identify any case law interpreting these sections, statutory search steps would be:
Search Local Court records and criminal sentencing databases for matters prosecuted under the cited sections (for example s 20, s 21, s 24, s 29).
Search administrative law and judicial review decisions concerning Ministerial exercise of discretion in authorisations, condition‑alteration and withdrawal (ss 10-14) for disputes involving procedural fairness claims.
Review decisions concerning compelled information under s 21 and s 23 and the interplay of statutory use immunity with other evidentiary rules.
Check any published determinations or reports from investigatory bodies (ICAC, NSW Crime Commission) referred to under s 29(5) where disclosures were made.
Within the Act itself, the only litigation‑connected content is the direction that prosecutions be heard summarily in the Local Court (s 30) and the statutory protections for persons giving compelled information (ss 21, 23). There is no internal record of judicial interpretation, appeals, or reported cases in the text provided.
Gotchas
Practitioners and operators should be alert to several specific statutory traps and operational frictions embedded in the Act. These are concrete, source‑grounded issues that can create compliance risk, unintended liability or practical impediments.
Dual regimes with different commercial rules
The Act sets up two distinct legal models for two-up: a largely non-commercial commemorative‑day model (Part 2) and a potentially commercial Broken Hill authorisation model (Part 3) (ss 6-11). Confusion between the two regimes can lead to breach: on Anzac Day outside Broken Hill, charging an entry fee tied to the game or taking a commission breaches s 7(1); in Broken Hill, the Council may be authorised to charge and take commissions but only under a written authorisation with conditions (s 10(4)). Make sure the location/date and authorisation status are confirmed before charging fees or taking commissions.
Broad definition of “participant” and inclusion of betting
The Act expressly extends references to games of two-up to betting and side betting and treats participants to include persons engaged in such betting (s 4(2)). That means obligations and offences can attach to betting activity connected to a two-up event, not merely to the toss. Operators must therefore manage betting practices and side bets as part of compliance.
Registered clubs that authorise two-up involving payments must ensure that all payments or benefits are “entirely disposed of” for prescribed charities and do not form part of club funds (s 8(1)(b)). Failure to segregate and report such funds could convert lawful conduct into an unlawful game and expose clubs to offences; regulations may also require reporting (s 8(2)). Clubs must maintain transparent accounting and follow the precise disposal route.
Ministerial discretion and evidentiary‑light standards
Many Ministerial powers hinge on the Minister’s opinion that integrity or apparent integrity is “likely to be seriously prejudiced” (ss 12, 15-16). Those are subjective assessments that can be exercised without a statutory threshold akin to “reasonable grounds” for courts; however, the Act does require notice and an opportunity to make representations in certain instances (ss 12(2), 13(2)). Operators and Council should treat opinions about integrity as operationally determinative because revocation or directions can follow.
Key employee control and limited employer protection
The Minister may require photographs, statutory declarations and authority to obtain further information from key employees (s 23). If the Minister forms an adverse opinion about criminal record/character/reputation, the Minister may direct immediate termination and forbid renewal of the employment or association (s 16). The termination takes effect despite contract and the Crown is insulated from liability (s 16(5)). Employers should ensure employment agreements provide the contractual rights necessary to enable such terminations to be effected, but should note that the statutory provision overrides other laws as to effect.
Inspector ID is determinative at point of contact
An inspector must carry a Minister‑issued identification card to exercise functions, and if the inspector fails to produce the card on demand, they are not authorised to exercise those functions in relation to the demanding person (s 18). This creates a practical catch: inspectors should be prepared to produce ID; persons subject to inspection may require it before cooperating.
Compelled information with limited immunity
Natural persons are not excused from complying with s 21 and s 23 notices on the ground that compliance might tend to incriminate them; they can be compelled to provide information. The statutory protection is that if they claim incrimination before compliance, the information provided is not admissible against them in criminal proceedings (s 21(3), s 23(4)). This is a use immunity, not a privilege: compelled answers may not be used in criminal proceedings, but they can be used administratively and may still inform further investigations that rely on other evidence. Corporations receive no comparable protection under s 21(3).
Secrecy obligations and narrow exceptions
Persons who acquire information under Part 3 are prohibited from recording or divulging it except in the exercise of Part 3 functions, with only limited exceptions (s 29). That places a heavy confidentiality duty on officials and agents; inadvertent leaks may attract a 50 penalty unit penalty (s 29(1)). However, the Minister can certify additional disclosures in the public interest, and certain investigative bodies are listed as exceptions (s 29(2), (5)).
Local Court summary jurisdiction limits appeals and remedies
Proceedings under the Act are to be dealt with summarily in the Local Court (s 30). That affects the available procedural remedies and the forum for appeals; practitioners must plan for summary criminal procedures rather than higher‑court indictable processes.
Transitional oddities and historical material
Section 28 requires destruction of fingerprints and palm prints obtained under earlier versions of Part 3 (as in force before the 2018 amendments) if the key employee is no longer a key employee and requires delivery of such prints to the Minister for destruction, with a penalty for non-compliance (s 28). Practically, this requires organisations holding legacy biometric data to have inventory and compliant disposal procedures.
These “gotchas” arise directly from statutory language. They highlight where administrative discretion, recordkeeping, personnel vetting and the segmentation of permitted activity by date and location create compliance friction. Operators and clubs should map their activities to the precise section that authorises or restricts them (for example s 7 vs s 10) and build recordkeeping, identity checks and reporting procedures accordingly.
How to comply
Compliance under this Act requires mapping activities to the applicable part (Part 2 commemorative‑day regime or Part 3 Broken Hill regime) and implementing procedures to meet the operational, reporting, integrity and secrecy obligations the Act imposes. Below are practical, source‑grounded compliance steps and checklists.
Step 1 , Determine which legal regime applies
Verify location and date: If the game is on Anzac Day (25 April) or a commemorative day (s 4, s 4A), Part 2 potentially applies; otherwise check whether the game is in Broken Hill and will be conducted by or on behalf of the Council under an authorisation (s 9-10).
Check premises classification: Part 2 does not apply to gambling premises or to premises exempted by regulation (s 5). Confirm whether the venue is a “gambling premises” as defined in the Unlawful Gambling Act 1998 (s 4).
Step 2 , Comply with Part 2 conditions if operating on Anzac Day/commemorative day
Do not charge for entry tied to the right to enter to participate in the game, do not charge participation fees other than bets, do not take commission on bets or winnings (s 7(1)). If any entrance fee is charged (e.g. to a racecourse), ensure it is not directly related to the two-up game (s 7(2)).
If operating on registered club premises and payments are to be involved, obtain the club’s formal authorisation, ensure all payments are entirely disposed of to a prescribed charity (or any charity where none is prescribed), and ensure such payments do not form part of club funds. Implement transparent records and, if required, report disposals as regulations may require (s 8(1)(a)-(b), s 8(2)).
Step 3 , If operating in Broken Hill, secure and operate pursuant to Ministerial authorisation
Seek written authorisation from the Minister under s 10, specifying approved location, period and any conditions.
Review and comply with all conditions imposed under the authorisation, which may include approval of persons conducting games, financial application of funds, payment to the Minister/Consolidated Fund, approved premises, days and times, rules of play, display of rules, information and auditing requirements, and security requirements (s 11(1)(a)-(k)).
Ensure all agreements with third‑party operators enable the Council to impose necessary rights to comply with directions, vetting and termination measures; the Act permits the Council to enter into arrangements with others subject to authorisation conditions (s 10(4)(b)).
Step 4 , Establish integrity and personnel vetting procedures
Identify all key employees as defined in s 4 (managerial or supervisory personnel, decision-makers, or persons prescribed by regulation). Maintain an up-to-date list and positions and be prepared to furnish this to the Minister (s 16(7)).
Prepare to comply with notices requiring photographs, statutory declarations and documents and to furnish authorities and consents for the Minister to obtain further information (s 23(1)(a)-(d)). Understand that the Commissioner of Police will be asked to inquire and report on referred matters (s 23(2)-(3)).
Build contractual clauses in employment and engagement contracts to enable immediate termination or suspension and to enable the Council to comply with orders to terminate employment or association without creating actionable liability against the Crown (s 16(4)-(5)).
Step 5 , Recordkeeping, accounting and audit ready
Implement separate accounting for funds received in connection with two-up, including clear documentation of bets, commissions (if authorised in Broken Hill), entry fees and any amounts subject to disposal requirements (s 11(1)(b)-(i), s 8(1)(b)). If authorisation conditions include payment to the Minister/Consolidated Fund, ensure those payment processes are robust (s 11(1)(c)).
Be audit-ready: the Minister may require auditing of financial records relating to two-up and may require returns or statements (s 11(1)(h)-(i), s 21(1)(a)). Maintain books and allow access to inspectors or the Minister for copying and extraction (s 19(2)(a)-(b), s 21(4)).
Step 6 , Interaction with inspectors and investigators
Ensure staff know that inspectors will carry Minister-issued identification and that the inspector must produce it on demand; train staff to verify ID and follow verification procedures because an inspector who cannot produce ID is not authorised to act in respect of the person requiring production (s 18).
Prepare procedures for lawful cooperation with inspectors: produce documents on request, attend specified examinations, answer questions truthfully and preserve chain of custody for documents. Non-compliance is an offence (ss 19-21). Avoid giving false or misleading information (s 20(d)).
Step 7 , Confidentiality and disclosure controls
Put in place confidentiality protocols for information acquired under Part 3. Only disclose such information in the limited circumstances authorised by s 29(2) or if compelled in legal proceedings as allowed by s 29(3). Train staff on permitted disclosures and consequences for unauthorised disclosure, since breach carries a maximum penalty of 50 penalty units (s 29).
If disclosures to investigative bodies such as ICAC, the Australian Crime Commission or the NSW Crime Commission are necessary, ensure those are correctly documented as they are listed as permitted recipients (s 29(5)).
Step 8 , Age verification
Implement age‑verification procedures for betting: do not accept bets from minors. If proof of age is produced and accepted before betting, the person is not guilty of an offence under s 24 (s 24(2)). Maintain records of acceptable proof of age checks to evidence compliance.
Step 9 , Administrative process readiness
For any Ministerial notice affecting authorisation conditions or approvals, prepare to make representations within the notice period (ss 12(2), 13(2)). Build compliance calendars to track timelines for responding to notices and for undertaking reviews and audits required by the Minister.
If the Council wishes to amend rules, remember that rules must be approved by the Minister and published in the Gazette before coming into force; include lead time for Ministerial approval and Gazette publication (s 26).
Step 10 , Legal and operational governance
Maintain legal oversight to advise on ministerial directions, investigate and inspection responses, and potential revocation/suspension scenarios. Given s 16(5) bars Crown liability for terminations directed under the Act, ensure HR agreements and insurance reflect the particular legal environment.
Plan for summary Local Court procedures for any charged offences (s 30), and ensure evidence retention complies with s 21(4) so documents produced for inspection can be retrieved if needed during the retention period.
Checklist (minimum)
Determine whether the activity is covered by Part 2 or Part 3 (location/date/authorisation).
If Part 2, ensure no entry fees tied to game, no participation charges other than bets, no commissions (s 7) , or, if in a registered club, ensure authorisation and charity disposition (s 8).
If Part 3, secure Ministerial authorisation and read all conditions; ensure financial controls, auditing, and any payments to Consolidated Fund are operationalised (s 10-11).
Identify key employees and prepare to comply with notices under s 23, and implement vetting and recordkeeping.
Implement procedures to verify age for betters and retain proof where relevant (s 24).
Establish inspector interaction protocols, ID verification and document production procedures (ss 18-21).
Adopt confidentiality policies aligned with s 29 and define internal sign-offs for any disclosures.
These steps are entirely grounded in the Act’s provisions (noted above) and should be adapted to the particular factual and operational context of a Council, a registered club, or a private operator conducting or facilitating two-up.
inspector means a person appointed under section 17.
key employee means a person (whether or not employed under a contract of service) who is:
(a) employed in a managerial or supervisory capacity in relation to the conduct of games of two-up by or on behalf of the Council, or
(b) authorised to make decisions, involving the exercise of games of two-up conducted by or on behalf of the Council, or
(c) concerned or engaged, in any manner prescribed by the regulations, in the conduct of games of two-up by or on behalf of the Council.
premises includes:
(a) a building or structure, or part of a building or structure (such as a room), or
(b) land or a place (whether enclosed or built on or not), or
(c) a vehicle or a vessel.
registered club has the same meaning as in the Registered Clubs Act 1976.
rules means rules made by the Council and approved by the Minister, relating to games of two-up conducted by or on behalf of the Council and that are in force under section 26.
(2) For the purposes of this Act:
(a) references to a game of two-up extend to the betting and side betting associated with the game, and
(b) references to participants in a game of two-up include persons engaged in such betting.
s 4: Am 2005 No 44, Sch 1 [2].
4A Meaning of “commemorative day”
4A Meaning of “commemorative day”
4A Meaning of “commemorative day”
A commemorative day means any of the following:
(a) 15 August (in any year),
(b) 11 November (in any year, but only that part of that day that is after 12 noon),
(c) any other day or part of a day prescribed by the regulations as a commemorative day for the purposes of this Act.
s 4A: Ins 2005 No 44, Sch 1 [3]. Subst 2015 No 15, Sch 1.11.
Part 2 Two-up on Anzac Day and other commemorative days
Part 2 Two-up on Anzac Day and other commemorative days
Part 2 Two-up on Anzac Day and other commemorative days
pt 2, hdg: Am 2005 No 44, Sch 1 [4].
5 Application of Part
5 Application of Part
5 Application of Part
This Part does not apply to the conduct of games of two-up:
(a) on any premises that are gambling premises, or
(b) on any premises, or class of premises, that are excluded by the regulations from the operation of this Part.
6 Two-up on Anzac Day and other commemorative days not unlawful
6 Two-up on Anzac Day and other commemorative days not unlawful
6 Two-up on Anzac Day and other commemorative days not unlawful
(1) A game of two-up that is conducted on Anzac Day or a commemorative day:
(a) on any premises (including the premises of a registered club) in accordance with section 7, or
(b) on the premises of a registered club in accordance with section 8,
is not an unlawful game for the purposes of any Act or other law.
(2) Without limiting subsection (1), nothing in the Unlawful Gambling Act 1998 prohibits the playing or conducting of a game of two-up that is lawful because of this section.
s 6: Am 2005 No 44, Sch 1 [5].
7 Conditions relating to payments or other benefits
7 Conditions relating to payments or other benefits
7 Conditions relating to payments or other benefits
(1) A game of two-up is conducted in accordance with this section if:
(a) no payment or other benefit is, for the purpose of participating in the game, given or sought for the right to enter the premises on which the game is to be conducted, and
(b) no payment or other benefit is given or sought for the right to participate in the game (otherwise than by the placing of money by way of a bet), and
(c) no commission on, percentage of, or fee for, bets or winnings is given or sought by any person, whether or not a participant in the game.
(2) This section does not prevent payment of an entrance fee or charge to a licensed racecourse (within the meaning of the Betting and Racing Act 1998) or other ground, so long as the fee or charge is not directly related to the game of two-up.
s 7: Am 2017 No 22, Sch 2.14.
8 Conditions relating to registered clubs
8 Conditions relating to registered clubs
8 Conditions relating to registered clubs
(1) A game of two-up that is conducted on the premises of a registered club, and that involves a payment, benefit, commission, percentage or fee referred to in section 7, is conducted in accordance with this section if:
(a) the conduct of the game is authorised by the club, and
(b) all payments or other benefits involved must be entirely disposed of:
(i) for the benefit of a charity, body or other organisation prescribed by the regulations, or
(ii) if no such charity, body or other organisation is prescribed, for the benefit of any charity or charitable purpose,
and are not to form part of the funds of the club, and
(c) such other requirements (if any) as are prescribed by the regulations for the purposes of this subsection are complied with.
(2) The regulations may require a registered club to report, in accordance with the regulations, on the disposal of all payments or benefits involved in conducting a game of two-up on the premises of the club.
s 8: Am 2005 No 44, Sch 1 [6] [7].
Part 3 Two-up in Broken Hill
Part 3 Two-up in Broken Hill
Part 3 Two-up in Broken Hill
Division 1 Authorisation to conduct two-up in Broken Hill
Division 1 Authorisation to conduct two-up in Broken Hill
Division 1 Authorisation to conduct two-up in Broken Hill
9 Two-up in Broken Hill not unlawful
9 Two-up in Broken Hill not unlawful
9 Two-up in Broken Hill not unlawful
(1) A game of two-up that is played in Broken Hill is not an unlawful game for the purposes of any Act or other law if the game is conducted by or on behalf of the Council:
(a) at an approved location in Broken Hill, and
(b) in accordance with any conditions specified in the Minister’s authorisation under section 10.
(2) Without limiting subsection (1), nothing in the Unlawful Gambling Act 1998 prohibits the playing or conducting of a game of two-up that is lawful because of this section.
(3) The approved two-up premises are declared not to be gambling premises.
10 Authorisation for Council to conduct games of two-up
10 Authorisation for Council to conduct games of two-up
10 Authorisation for Council to conduct games of two-up
(1) The Minister may authorise the Council to conduct games of two-up at an approved location in Broken Hill.
(2) The authorisation:
(a) is to be in writing, and
(b) may be given subject to such conditions as the Minister thinks fit to impose, and
(c) cannot be transferred to another person.
(3) The authorisation remains in force for such period as is specified in the authorisation, unless it is sooner suspended or revoked under this Part.
(4) Despite the provisions of any other Act or law, the Council, if so authorised, may:
(a) conduct games of two-up in Broken Hill in accordance with this Part, and
(b) subject to the conditions of the authorisation, enter into arrangements with other persons to conduct games of two-up on behalf of the Council, and
(c) charge and receive payment from any person for the right:
(i) to enter the approved two-up premises, and
(ii) to participate in games of two-up, and
(d) receive a commission on, percentage of, or fee for, bets or winnings in respect of games of two-up.
11 Conditions of authorisation
11 Conditions of authorisation
11 Conditions of authorisation
(1) The conditions that the Minister can impose when authorising the Council to conduct games of two-up may include conditions relating to any one or more of the following:
(a) the approval of persons who may conduct games of two-up on behalf of the Council, including the approval of the terms and conditions of any arrangements between the Council and such persons,
(b) the manner in which any funds received by the Council in connection with games of two-up are to be applied, and the giving of information by the Council to the Minister relating to such funds,
(c) the payment by the Council to the Minister (as duty to be paid by the Minister into the Consolidated Fund) of an amount from the funds received in connection with games of two-up conducted by or on behalf of the Council,
(d) the approved two-up premises,
(e) the days on which, and the times when, games of two-up may be conducted,
(f) the rules in accordance with which games of two-up are to be conducted,
(g) the display in the approved two-up premises of any such rules and other information relevant to the conduct of games of two-up,
(h) the giving of information (whether in the form of statements, returns or otherwise) by the Council or by a person conducting games of two-up on behalf of the Council to the Minister relating to the conduct of games of two-up, including the operating and other costs incurred by the Council or person in conducting such games,
(i) the auditing of the financial records of the Council, or of a person conducting games of two-up on behalf of the Council, relating to the conduct of games of two-up, including records of the operating and other costs incurred by the Council or person in conducting such games,
(j) the security requirements in respect of games of two-up,
(k) such other matters as the Minister thinks fit.
(2) Without limiting subsection (1), it is a condition of the Council’s authorisation to conduct games of two-up that the Council, or any person conducting games of two-up on behalf of the Council, must not in connection with any game of two-up:
(a) accept any bet made otherwise than by means of money, or
(b) lend money or any other valuable thing, or
(c) extend any form of credit.
12 Withdrawal of Minister’s approval of persons who may conduct two-up on Council’s behalf
12 Withdrawal of Minister’s approval of persons who may conduct two-up on Council’s behalf
12 Withdrawal of Minister’s approval of persons who may conduct two-up on Council’s behalf
(1) The Minister may withdraw approval of a person who may conduct games of two-up on behalf of the Council if the Minister is of the opinion that the integrity or apparent integrity of a game or games of two-up conducted by or on behalf of the Council is likely to be seriously prejudiced because of the criminal record, character or reputation of the person.
(2) The Minister is not to withdraw approval of any such person unless the Minister:
(a) has given the Council and the person notice in writing of the proposed withdrawal, and
(b) has invited the Council and the person to make representations to the Minister, within the period specified in the notice, concerning the proposed withdrawal, and
(c) has, after the end of that period, considered any such representations.
(3) The withdrawal of approval takes effect:
(a) 14 days after the day on which a notice, signed by the Minister, advising the Council and the person of the withdrawal is given to the Council and the person, or
(b) if a later day is specified in the notice—on that day.
13 Alteration of conditions of authorisation
13 Alteration of conditions of authorisation
13 Alteration of conditions of authorisation
(1) The Minister may alter the conditions of the Council’s authorisation to conduct games of two-up by imposing an additional condition or by amending, substituting or revoking a condition.
(2) The Minister must not make an alteration under this section unless the Minister:
(a) has given the Council notice in writing setting out the terms of the proposed alteration and inviting the Council to make representations to the Minister, within the period specified in the notice, concerning the proposed alteration, and
(b) has, after the end of that period, considered any representations so made by or on behalf of the Council.
(3) An alteration under this section takes effect:
(a) 7 days after the day on which a notice advising the Council of the alteration is given to the Council by the Minister, or
(b) if a later day is specified in the notice—on that day.
(4) Subsections (2) and (3) do not apply to an alteration made at the request of the Council. Such an alteration takes effect on the day specified in the notice advising of the alteration that is given by the Minister to the Council.
14 Revocation or suspension of authorisation
14 Revocation or suspension of authorisation
14 Revocation or suspension of authorisation
(1) The Minister may, by notice in writing given to the Council, revoke or suspend the authorisation to conduct games of two-up if:
(a) any game of two-up conducted by or on behalf of the Council is not conducted in accordance with this Part, the rules or the conditions of the authorisation, or
(b) the Council or a person conducting a game on behalf of the Council fails to comply with any direction given to the Council or the person under section 15 or 16.
(2) The Minister may, by notice in writing given to the Council, revoke the authorisation if the Council applies to the Minister to have the authorisation revoked.
(3) The Minister may suspend the authorisation, by notice in writing given to the Coun
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