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Part III — Enforcement

21. Authorised officers, appointment and duties of and reports by 34

22. Permitted gaming and social gambling, powers to scrutinize etc. 35

23. Other police powers not limited by this Act 36

24. Commissioner of Police, directions by to police officers 37

25. Entry to premises, arrest etc., warrant authorising 37

26. Evidence, information etc., powers to seize, obtain etc. 39

27. Information, production of books, accounts etc., powers to require 40

27A. Authorised officers to be public officers for Criminal Investigation Act 2006 41

28. Recovering moneys payable to Commission 42

29. Hindering etc. Commission etc. and false etc. answers, offences as to 43

30. Incriminating information to be provided but is not admissible 44

31. Seizure without warrant 45

31A. Powers to assist seizing things 45

32. Certain seized things to be forfeited to Crown 45

32A. Disposing of seized or forfeited things 46

33. Prosecuting offences 46

34. Offences to be dealt with by magistrate 47

35. General penalty 47

36. Infringement notices 47

37. Liability of officers for offence by body corporate 49

38. Service of notices 50

39. Evidentiary provisions for charges of offences 50

40. Evidentiary provisions for charges involving common gaming houses 55

Part IV — Common gaming houses, unlawful gaming, cheating etc.

40A. Part does not apply to gambling under other written laws 58

41. Common gaming house, meaning of and offences as to 58

42. Prohibited gaming and unlawful games defined and offences as to 60

43. Defence of restricted access not available to charge of s. 41 or 42 offence 62

43A. Advertising unlawful gambling 63

44. Cheating in games etc. to obtain prize etc., offence 64

45. Permitted gaming, offences as to 65

Part V — Permitted gambling

Division 1 — Gaming generally

46. Permitted gaming defined 67

47. Gaming permits, types, issue and effect of 68

48. Issue of permit on direction by Minister 69

49. Applications for issue or renewal of permit, matters that may be considered when deciding 70

50. Register of approvals, permit holders etc., Commission to keep and allow inspection of etc. 72

51. Persons eligible to hold gaming permits, approval of 73

52. Applications for gaming permits 75

53. Fees and charges for gaming permits 76

54. Charging people to take part in permitted gaming 77

55. Approving premises for gaming 79

56. Renewing approvals, permits and certificates 82

57. Reports by permit holders, when required, content of etc. 83

58. Gaming permit may regulate use of proceeds from permitted gaming etc. 85

59. Approvals etc. may require security to be given 86

60. Revoking and amending permits and certain approvals 88

61. Revocation or amendment of current approval etc., Commission to report to Minister; appeals to Minister 90

62. No credit to be given to person for permitted gaming; cheques for permitted gaming 91

Division 2 — Social gambling

64. Social gambling defined 92

Division 4 — Permitted two‑up

80. Two‑up at country race meetings 95

81. Two‑up at other places 96

82. Conditions deemed in certain permits 98

83. Regulations for this Division 99

Division 5 — Gaming machines and other gaming equipment and its operation

84. Terms used 99

85. Unlawful gaming machines etc., use and possession of prohibited 101

86. Use of unlawful cash or tokens in gaming machines 104

87. Records about gaming equipment, powers to require keeping of 104

88. Prescribed gaming equipment, regulations about, certificates for sellers etc. of 105

89. Prescribed gaming equipment, sale etc. of 108

90. Application of s. 88 and 89 to concessionaires 108

91. Permitted gaming, restrictions on certain people in relation to 109

92. Certificates for s. 91 111

93. Offences in relation to s. 91 112

Division 5A — Remote gambling devices

93A. Terms used 112

93B. Offences relating to remote gambling devices 113

Division 6 — Permitted bingo

94. Terms used 113

95. Permits to conduct bingo; who may play permitted bingo 115

96. Multiple bingo 116

97. Simultaneous bingo 118

98. Conduct of bingo 119

99. Recovering moneys payable to Commission for bingo 119

100. Regulations as to bingo 120

Division 7 — Lotteries, and amusements with prizes etc.

101. Terms used 122

102. Certain lotteries unlawful 124

103. Permitted lotteries (deemed) 125

104. Permits for lotteries; duties of holders of permit for standard lottery 126

104AA. Commission may require bank guarantee for certain standard lotteries 129

104AB. Commission’s powers if bank guarantee provided 130

104AC. Commission may demand payment under bank guarantee 131

104AD. Commission must give notice in relation to bank guarantee 132

104AE. Commission to deal with money paid under bank guarantee 133

104AF. Return of bank guarantee 134

104A. Commission not liable for unpaid lottery prizes 134

104B. Licensing of suppliers of lottery tickets 134

104C. Licences of licensed suppliers, cancelling etc. 136

104D. Refusal or cancellation of supplier’s licence, Commission to report to Minister; appeals to Minister 137

104E. Suppliers to give Commission tickets if licence cancelled etc. 138

104F. Licensed suppliers to lodge returns and pay continuing lotteries levy 139

104G. Continuing lotteries levy, application of 141

104H. Exemption from levy 142

104I. Refund of levy 142

104J. Tickets, protecting and accounting for; estimating levy for lost etc. tickets 142

104K. Tickets may be given to Commission for destruction 144

104L. Offences by licensed suppliers 144

104M. Offences involving continuing lottery tickets 145

105. Continuing lotteries, use of vending machines to sell tickets for 146

106. Offences involving lotteries 147

107. Amusements with prizes, which are permitted 148

108. Some fund raising activities deemed permitted amusement with prizes 150

109. Regulations for this Division 151

Division 8 — Unclaimed winnings

109A. Terms used 152

109B. Unclaimed winnings, Commission to be notified of etc. 153

109C. Gaming Community Trust Account 154

109D. Gaming Community Trust 155

Part VA — Supervision of RWWA

109E. Gambling operations of RWWA, meaning of 157

109F. Supervision of RWWA by Commission etc. 157

109G. Directions to RWWA, Commission may give 158

109H. Contravention of directions 159

109I. Complaints about RWWA, Commission’s functions as to 160

109J. Reports on and inquiries into RWWA 160

109K. Report or inquiry under s. 109J, Minister’s powers following 162

Part VI — Ancillary

110. Gambling on premises licensed for retail sale of liquor 164

110A. Sports Wagering Account 165

110B. Racing Bets Levy Account 165

110C. Provision of information to Commission 167

110D. Delegation by CEO 167

111. Burswood Casino Agreement cl. 22, when Commission may decide questions as to 168

112. Transitional provisions as to Casino Control Act 1984 168

113. Regulations 169

Part 7 — Transitional provisions for Gambling Legislation Amendment Act 2024

118. Term used: commencement day 171

119. Application of Interpretation Act 1984 171

120. Infringement notices 171

121. Gaming Community Trust Account and Racing Bets Levy Account 172

122. Sports Wagering Account 172

123. Transitional regulations 173

Notes

Compilation table 174

Uncommenced provisions table 178

Other notes 178

Defined terms

Western Australia

Gaming and Wagering Commission Act 1987

An Act to constitute the Gaming and Wagering Commission of Western Australia, to consolidate and amend the law relating to gaming and wagering, and for related purposes.

[Long title amended: No. 35 of 2003 s. 121.]

Part I — Preliminary

1. Short title

This Act may be cited as the Gaming and Wagering Commission Act 1987.

[Section 1 amended: No. 35 of 2003 s. 122.]

2. Commencement

The provisions of this Act shall come into operation on such day as is, or days as are respectively, fixed by proclamation.

3. Terms used

(1) In this Act, unless the contrary intention appears —

approved means approved by the Commission;

approved premises means premises approved under section 55;

authorised officer means —

(a) a member of the Commission; or

(b) the Chief Casino Officer, a government inspector or any other person appointed for the purposes of section 9(1) of the Casino Control Act 1984; or

(c) a person appointed under section 21(1); or

(d) a person to whom a duty or power is delegated under section 21(2), but only to the extent of the performance of the duty or the exercise of the power;

books includes any register or other record of information and accounts or accounting records, however compiled, recorded or stored, and also any document;

casino means a building or room in which games are conducted and played, or in which money counting, surveillance, storage and other activities related to the conduct and playing of games are carried on, pursuant to a casino gaming licence granted under section 21 of the Casino Control Act 1984;

casino complex agreement means agreement entered into by the Minister with a public company under section 19(1) of the Casino Control Act 1984;

CEO means the chief executive officer of the Department;

certificate means a certificate issued under Part V Division 5;

Commission means the Gaming and Wagering Commission of Western Australia established under section 4;

condition includes a term, requirement, limitation or restriction;

conduct includes promote, organise, manage or operate;

continuing lotteries levy means the levy imposed by the Gaming and Wagering Commission (Continuing Lotteries Levy) Act 2000;

credit card includes any card or other article intended for use by a person in obtaining cash, goods or services on credit;

debit card means a card or other article intended for use by a person in obtaining access to an account held by the person for the purpose of withdrawing or depositing cash or obtaining goods or services;

Department means the department of the Public Service principally assisting the Minister in the administration of this Act;

event has the meaning given in the Betting Control Act 1954 section 4(1);

gambling means gaming or wagering;

game of chance does not include any athletic game or sport but, with that exception, includes a pretended game of chance and a game or pretended game which includes a degree of chance, whether or not combined with a skill or degree of skill;

gaming, subject to section 39(2)(d) and (e), means the playing of a game of chance for winnings in money or money’s worth, whether any person playing the game is at risk of losing any money or money’s worth or not;

gaming equipment includes any machine used in the course of, or in relation to, gaming;

house, in relation to the interpretation of the term common gaming house, includes any premises;

imposed, in relation to a condition, includes implied by or prescribed under this Act;

instruments of gaming includes any cards, dice, board, kip, tables, tokens or other thing used in the course and for the purposes of gaming;

licence means a licence issued under Part V Division 7;

licensed supplier means a person licensed under Part V Division 7 as a licensed supplier;

lottery includes —

(a) any scheme or device for the sale, gift, disposal, or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or the drawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever; and

(aa) any scheme in which such property is, or is proposed to be, given and in which (at any stage) the person eligible to receive the property as a prize, or to participate further in the scheme, is or is to be determined by lot or chance (whether by the throwing or casting of dice, or the drawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever) or by reference to any event or contingency dependent on chance, regardless of whether (at an earlier or a later stage) a test of knowledge or skill is or may be required to be passed by any person in order to qualify the person to receive a prize or to participate further in the scheme; and

(b) a scheme or device for the disposition of property of the kind commonly known as an art union, raffles, guessing competitions, and the like; and

(c) any disposition of property under any other scheme or competition which the public or any specified section of the public may be or is invited to enter, the nature or conduct of which (though skill on the part of the entrants or competitors purports to be required) is such as in the circumstances of the case to preclude the fair consideration of the answers of the entrants or competitors;

machine includes a telecommunications device and any other apparatus or device;

minor fund raising activity means an activity to which section 108 applies;

money includes any bank note, postal note, cheque, credit card, debit card, security or authority for money or the payment of money;

multiple bingo means bingo of the kind referred to in section 96(4);

occupier, used in relation to any premises, includes a person by whom or on whose behalf, and a company or other body of persons, corporate or unincorporate, by or on behalf of which, the premises are actually occupied, or who or which is the lessee or sub‑lessee, not being the owner, and an attorney, agent, or manager, who has the control, supervision, or management of the premises on behalf of the person, company or body;

owner, in relation to premises, includes a person who, or company or other body of persons, corporate or unincorporate, which, is, whether at law or in equity, entitled to the premises and also includes the attorney, agent or manager having control, supervision or management of the premises for that person, company, or body or who, on his or its behalf, receives the rent or is authorised to issue receipts for the rent;

permit or gaming permit means a permit issued under this Act;

permit holder means a person to whom or which a permit is issued;

permitted amusement with prizes means an amusement —

(a) which is provided under, and in all respects in accordance with, a permit; or

(b) to which section 107 or 108 applies;

permitted bingo means bingo conducted und

This is an opening excerpt, not the complete document.