Schedule 5 — Conditions for trade promotion lottery
Compilation table 87
Other notes 92
Defined terms
Gaming and Wagering Commission Act 1987
Part 1 — Preliminary
1. Citation
These regulations may be cited as the Gaming and Wagering Commission Regulations 1988.
[Regulation 1 amended: Gazette 30 Jan 2004 p. 415.]
2. Commencement
These regulations shall come into operation on 2 May 1988.
3. Interpretation; compliance with forms
(1) In these regulations —
(a) a reference to a section shall be construed as a reference to that section of the Gaming and Wagering Commission Act 1987;
(b) a reference to a form by number is a reference to the form in Schedule 3 which bears that number;
(c) a reference to an organization is a reference to a body of persons, corporate or unincorporate.
[(2), (3) deleted]
(4) A form in Schedule 3 is required to be completed in accordance with the directions and instructions specified in, or which relate to, that form.
(5) Where the space provided for a particular purpose in a form is not sufficient to contain all the required information in relation to a particular item, that information shall be set out in an annexure marked so as to identify it in relation to that item and signed by the person signing the form.
(6) A reference in these regulations to an annexure includes a document or any other matter accompanying, attached to or annexed to a form.
[Regulation 3 amended: Gazette 30 Jan 2004 p. 415; SL 2025/35 r. 25.]
4A. Notes in the text
A note included in these regulations (other than in a form in Schedule 3) is explanatory and is not part of these regulations.
[Regulation 4A inserted: Gazette 12 Aug 2011 p. 3249.]
4. Prescribed fees
(1) The fees specified in Schedule 1 are payable for the matters listed in that Schedule.
(2) The Commission may at its discretion reduce, waive or refund, in whole or in part, any prescribed fee.
[Regulation 4 amended: Gazette 27 Mar 1992 p. 1370; 30 Oct 2009 p. 4316.]
Part 2 — Enforcement
5. Forfeiture, offences prescribed (Act s. 32(2))
For the purposes of section 32(2), the following offences are prescribed —
(a) any offence contravening section 41(3), 42(4), 42(5), 43A(2), 43A(3), 44(1), 45(2), 45(4), 85(4) or 106; or
(b) any offence relating to prescribed gaming equipment, an unlawful gaming machine, or unlawful gaming equipment, within the meaning of section 84.
[Regulation 5 amended: Gazette 26 May 1989 p. 1548; 30 Jan 2004 p. 415.]
5A. Prescribed offences and modified penalties
(1) The offences specified in Schedule 2 are offences for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2 as modified by section 36.
(2) For the purposes of the Criminal Procedure Act 2004 section 5(3), the penalty specified opposite an offence in Schedule 2 is the modified penalty for that offence.
(3) However, the modified penalty specified for each offence specified in Schedule 2 Division 2 items 4 to 35 is not applicable in a case where regulation 40E(2) is relied on in relation to a person described in paragraph (b) of the definition of responsible person in regulation 40E(1).
[Regulation 5A inserted: SL 2025/35 r. 26.]
6. Forms for infringement notice and withdrawal notice
(1) For the purposes of the Criminal Procedure Act 2004 section 6(d), the form of an infringement notice is Schedule 3 Form 1.
(2) For the purposes of the Criminal Procedure Act 2004 section 15(2), the form stating that an infringement notice has been withdrawn is Schedule 3 Form 2.
[Regulation 6 inserted: SL 2025/35 r. 26.]
6A. Warrant, form of (Act s. 25)
A warrant for the purposes of section 25 shall be in accordance with Form 4.
[Regulation 6A inserted: Gazette 7 Oct 1988 p. 4106.]
Part 3 — The register
7. Manner of recording and search fees prescribed (Act s. 50)
(1) The Commission shall cause the information required to be noted in the register maintained under section 50 —
(a) to be entered in a computerised recording system approved by the chief executive officer providing a current description of the items required to be registered, to be retained in that part of the register for a period of 2 years; and
(b) after the expiry of the 2 year period, to be retained in a permanent record.
(2) Where a person who wishes to search the register is unable to furnish to the Commission sufficient details of an entry in the register to enable that entry to be readily identified, the Commission may in substitution for the search fee prescribed in Schedule 1 impose a charge which the Commission determines to be reasonable having regard to the time and work involved.
Part 4 — Permitted gaming
Division 1 — Gaming generally
8A. Gaming on cruise ships
***cruise ship*** means —
(a) a vessel that —
(i) has a minimum capacity of 100 passenger berths; and
(ii) is conducting a scheduled deep water cruise; and
(iii) is transiting through Western Australian ports from and to locations overseas or interstate;
or
(b) a vessel that —
(i) has a minimum capacity of 100 passenger berths; and
(ii) is conducting a scheduled deep water cruise that departed from the Port of Fremantle; and
(iii) is transiting through the Port of Bunbury, the Port of Geraldton or any other Western Australian port south of the Port of Bunbury or north of the Port of Geraldton; and
(iv) is scheduled to remain at a port referred to in subparagraph (iii) for a period of at least 6 hours before continuing with the remainder of the deep water cruise.
(2) For the purposes of section 46(2A), gaming on a cruise ship is prescribed if —
(a) the cruise ship is outside a distance of 12 nautical miles from a scheduled destination where the cruise ship is to berth or anchor; and
(b) the gaming is operated only as an ancillary service on the cruise ship.
[Regulation 8A inserted: Gazette 26 May 2017 p. 2633.]
8. Gaming permits, form and conditions of (Act s. 47(1)(a) or (b))
(1) A permit issued under section 47(1)(a) or (b) shall be in accordance with Form 3.
(2) The conditions applicable to a permit of a continuing nature may be varied by the Commission at any time by service on the permit holder of a notice setting out particulars of the variation, and that notice is deemed to be an annexure to the permit.
(3) Every permit under section 47(1)(a) or (b) or section 48 is issued subject to the condition that the permit holder is required to cause any gaming authorised by the permit to be conducted strictly in accordance with any rules and conditions —
(a) specified in Schedule 4; or
(b) required by the Commission, and specified in an annexure to the permit,
in relation to gaming of that kind.
9. Gaming permits, application for
(1) An organization which, or an individual who, desires to apply to the Commission for approval as a person eligible to hold a gaming permit, or a permit in relation to a particular kind of permitted gaming, permitted lottery, or permitted provision of amusements with prizes, shall furnish to the Commission such information as it may require and in particular —
(a) details of relevant experience in the conduct of gaming;
(b) details of any gaming equipment or other apparatus that may be proposed to be used, and from what source it is to be obtained;
(c) details of any person who, pursuant to a service agreement, is to perform any operation to which section 91 applies or is likely to apply;
(d) as to the facilities proposed to be made available, including a description of the premises which are to be used for, or the use of which will be ancillary to, the gaming;
(e) as to any arrangement or circumstances whereby the benefit arising from the holding of the permit may accrue to any other person;
(f) where the applicant is an organization, the manner of appointment of an individual who (if the Commission approves the individual as nominee permit holder) is to be responsible for the conduct of the gaming, and the written consent of that person to the appointment.
(2) An applicant for a gaming permit shall furnish to the Commission, or to a magistrate 1 acting in respect of a function permit on behalf of the Commission, at the time the application is made —
(a) the name and address of the applicant, and if the applicant is an organization the name and address of the proposed nominee permit holder; and
(b) the address of the premises where the gaming (not being a lottery) is to be conducted; and
(c) if the applicant, the nominee permit holder or the premises have been approved by the Commission previously, particulars sufficient to identify the relevant entry in the register; and
(d) the type of permit required, the nature of the gaming to be conducted, and the nature and value of any prizes to be offered; and
(e) the period for which the permit is required, and if the application is for a function permit the nature and duration of the function; and
(f) particulars of the object, or the activity, for the benefit of which the moneys raised by the proposed gaming are to be used, and of the intended manner of that use; and
(g) particulars of any charges to be made for participation in, or otherwise relating to, the gaming.
(3) An application for a function permit if made —
(a) by or on behalf of a person or organization approved as eligible to hold a gaming permit in relation to gaming of the kind specified, or an approved nominee of such an organization; and
(b) in respect of premises approved, in relation to gaming of the kind specified,
may, unless the Commission otherwise directs, be made informally but otherwise should be made to the Commission or the magistrate not later than 7 days before the proposed gaming in writing on a form supplied by the Commission, unless the Commission or the magistrate agrees to give the application expedited consideration.
(4) An application for a gaming permit of a continuing nature shall be made in writing on a form supplied, or otherwise in a manner approved, by the Commission not later than 7 days before the proposed gaming, unless the Commission agrees to give the application expedited consideration.
(5) In addition to the amount prescribed in Schedule 1 as the fee payable on the issue of a gaming permit, the Commission may require an applicant to pay such charges as the Commission determines to be reasonable in relation to the inquiries and work involved to determine whether or not the applicant is a person to whom or which a permit should be granted, but where an entry relating to a person appears in the current part of the register in relation to a specific kind of gaming as a person approved as eligible to hold a permit in respect of gaming of that kind no charge under this subregulation is payable in respect of any further application by that person for a permit in respect of gaming of that kind.
[Regulation 9 amended: Gazette 30 Jan 2004 p. 415; 18 May 2004 p. 1572.]
10. Approval to use premises, application for (Act s. 55)
(1) An application for the grant by the Commission of approval to the use of premises for gaming shall be made, unless section 55(1)(a)(i) applies, in writing and the applicant shall —
(a) disclose the nature and extent of the interest in the premises held by the applicant; and
(b) describe, and give details of the title to, the premises; and
(c) furnish evidence satisfactory to the Commission of the consent of the owner, and any relevant occupier, of the premises to the proposed use; and
(d) state the periods, or the nature of the functions or occasions, for which the approval is sought; and
(e) state the kind of gaming, whether or not the public in general is to be allowed to participate, and any charges proposed for the use of the premises for permitted gaming.
(2) Where the approval of the Commission is sought to the use of premises for gaming in relation to function permits, unless for a specific occasion, or in relation to a permit of a continuing nature the Commission may require the applicant to pay such charges as the Commission determines to be reasonable having regard to any necessary inspection or inquiries made or to be made, but where a person has applied and approval has been granted in respect of any premises the terms of the approval shall be entered in the register and no further charge under this subregulation is payable in respect of any further use of those premises during the succeeding 5 years pursuant to a permit authorising the kind of gaming to which the approval of the premises relates.
[Regulation 10 amended: Gazette 30 Jan 2004 p. 415.]
11. Renewals etc., applications for (Act s. 56)
(1) An application under section 56 for the renewal or re‑instatement of an approval, a permit or a certificate shall be made in the manner required in respect of an application for the grant of approval, or the issue of a permit or certificate, of that kind, or otherwise in a manner approved by the Commission, giving particulars sufficient to identify any previous relevant entry in the register and of any changes to the information furnished at the time of the original application not noted in the current register.
(2) The fee payable shall accompany the application at the rate applicable to the grant of a new approval, or the issue of a new permit or certificate, of that kind but may be re‑assessed by the Commission pursuant to section 49(2)(c), and any change in the fee resulting from the re‑assessment shall be payable, or refundable, on the grant of the approval or the issue of the permit or certificate.
12. Financial statements, permit holders to provide etc.
(1) Every permit relating to —
(a) permitted two‑up, unless section 80 applies; or
(b) permitted bingo, unless section 95(2)(a) applies; or
(c) a permitted lottery, not being a lottery to which section 103, 107 or 108 applies; or
(d) any other kind of gaming,
is issued subject to the condition that the permit holder is, whether or not required to furnish a report under section 57, required to prepare and furnish to the Commission a financial statement in or substantially complying with the form that is annexed to the permit, in accordance with the directions of the Commission specified in, or which relate to, that annexure.
(2) Unless it is otherwise provided in the directions of the Commission specified in, or which relate to, the form that is annexed to the permit, a permit to which subregulation (1) applies is issued subject to the condition that the financial statement referred to in that subregulation is required to be prepared and furnished to the Commission —
(a) if the permit authorises a permitted lottery to which subregulation (1)(c) applies —
(i) that is a standard lottery, within 14 days after the drawing of the lottery is completed; or
(ii) that is a continuing lottery, within 14 days after the date of the expiry of the permit;
or
(b) if the permit authorises any other kind of gaming, within 7 days after the date of the expiry of the permit.
[Regulation 12 amended: Gazette 28 Jun 1996 p. 3099; 16 May 1997 p. 2393.]
13. No permit required if gaming etc. deemed permitted
Where gambling, a lottery or the provision of an amusement with prizes is deemed by the Act to be permitted, an application for, or the issue of, a permit in respect of it is not required.
[Regulation 13 amended: Gazette 30 Jan 2004 p. 415.]
13A. Conviction of license holder etc., holders to notify Commission
Every certificate and licence is issued subject to the condition that, if the holder of the certificate or licence is convicted of an offence, the holder of that certificate or licence must, in writing, notify the Commission of the conviction within 7 days.
[Regulation 13A inserted: Gazette 30 Jan 2004 p. 402.]
Division 2 — Continuing lotteries
[Heading inserted: Gazette 23 Jun 2000 p. 3206]
14. Maximum number of tickets prescribed (Act s. 104L(1))
For the purposes of section 104L(1) of the Act the maximum number of tickets that may be in one batch shall be 5 000.
[Regulation 14 inserted: Gazette 23 Jun 2000 p. 3206.]
15. Records to be kept by licensed suppliers for Act Part V Div. 7
(1) A person who is a licensed supplier under Part V, Division 7 of the Act shall maintain —
(a) a record in which there shall be recorded in respect of all tickets obtained by the licensed supplier —
(i) the name of the person from whom the tickets were obtained; and
(ii) the day on which the tickets were obtained; and
(iii) the number of batches obtained; and
(iv) the number of tickets in each batch; and
(v) the face value of the tickets in each batch; and
(vi) the series number of the tickets in each batch;
and
(b) a record in which there shall be recorded in respect of all tickets supplied by the licensed supplier —
(i) the name of the person to whom the tickets were supplied; and
(ii) the day on which the tickets were supplied; and
(iii) the number of batches supplied; and
(iv) the number of tickets in each batch; and
(v) the face value of the tickets in each batch; and
(vi) the series number of the tickets in each batch.
(2) A person who is a licensed supplier under Part V, Division 7 of the Act shall maintain a stock card in respect of each kind of ticket that has been obtained by, or supplied by, the licensed supplier showing —
(a) the face value of tickets of that kind; and
(b) the number of tickets of that kind that comprises a batch,
and setting out in respect of all tickets of that kind obtained by, or supplied by him, all of the other particulars referred to in subregulation (1)(a) and (b) and a running total of the number of batches of tickets of that kind currently in the possession of the licensed supplier.
(3) For the purposes of subregulation (2), tickets are of the same kind where —
(a) the tickets have the same face value and are identical if regard is not had to —
(i) the series number; or
(ii) the concealed portion that is to be exposed in the course of conducting a continuing lottery;
and
(b) the batch of which each ticket is a part comprises the same number of tickets.
(4) A person who is a licensed supplier under Part V, Division 7 of the Act and receives from a person from whom he has obtained tickets any invoice in respect of such tickets shall keep every such invoice for 5 years after the tickets were so obtained.
[Regulation 15 inserted: Gazette 23 Jun 2000 p. 3207‑8. ]
Division 3 — Permitted two‑up
16. Financial information to be provided about games
(1) Where a person is authorised pursuant to section 80(1)(b)(i) to conduct the game known as “two‑up”, that person shall within 7 days after each game lodge with the committee of the club by which he was authorised a return showing —
(a) the gross proceeds of the game; and
(b) details of all expenses incurred by that person in the conduct of the game,
and give to that committee such further information as to the conduct of the game and the moneys involved as is requested.
(2) Within 14 days of conduct of a game to which section 80 applies, the committee of the club on behalf of which the permit relating to that game was issued must give to the Commission a financial statement —
(a) in the form, or substantially in the form, that is annexed to the permit; and
(b) in accordance with any directions of the Commission which relate to that form.
(2a) Where a person to whom subregulation (1) applies fails to give the committee the information required to enable the committee to comply with subregulation (2), the committee must give to the Commission a statement setting out such relevant information as is available and informing the Commission of the steps taken by the committee to secure compliance with subregulation (1).
(3) A person to whom subregulation (1) applies or a committee shall, within such time as is required by the notice, furnish to an authorised officer or other officer of the Commission or a member of the Police Force such further information, books or other records for the purposes of furnishing or verifying the information required pursuant to subregulation (1) as that officer or member of the Police Force may by notice in writing require.
[Regulation 16 amended: Gazette 28 Jun 1996 p. 3099; 16 May 1997 p. 2393; 1 Dec 2015 p. 4824.]
17. Suspending permit for game
Where an authorised officer or other officer of the Commission or a member of the Police Force has reasonable cause to believe that a term or condition applicable to that permit has been or is likely to be contravened, the officer or member of the Police Force may serve on the holder of a permit authorising the conduct of two‑up, or on the nominee permit holder on behalf of that person, a notice in writing requiring that person to cause play to cease forthwith and that notice has effect to suspend immediately the operation of that permit in relation to the game of two‑up.
17A. Prescribed gaming equipment (Act s. 84(1))
The following equipment shall constitute prescribed gaming equipment for the purposes of section 84(1) of the Act —
(a) bingo cards for permitted bingo;
(b) video lottery terminals;
(c) gaming tables of a nature used for the playing of games authorised by a permit.
[Regulation 17A inserted: Gazette 30 Jan 2004 p. 402.]
Division 4 — Gaming machines and other equipment
18. Records etc. to be kept etc. by persons renting equipment from others
(1) For the purposes of this Division a person who rents from another any gaming equipment shall —
(a) maintain records showing —
(i) the type of gaming equipment rented; and
(ii) the type and number of tokens rented; and
(iii) the name of the agent supplying the equipment and tokens; and
(iv) the period for which the equipment and tokens will be rented; and
(v) the cost of renting the equipment; and
(vi) the cost of renting the tokens; and
(vii) any maintenance charges or other payments required;
and
(b) maintain accounts showing the amount of money and the monetary value of any tokens —
(i) removed from a gaming machine; or
(ii) hazarded on a game to which the equipment relates;
and
(c) retain those records and accounts for a period of 12 months; and
(d) furnish to the Commission on request copies of those records and accounts or such other information relating to the gaming equipment as the Commission may require.
(2) In subregulation (1) rents shall be construed as including any hiring or other disposition of gaming equipment for reward other than a sale.
18A. Skilltester, Merchandiser and similar machines, possession etc. of
(1) The possession or use of a gaming machine that is —
(a) a machine of the kind generally known or described as a “Skilltester” or “Merchandiser” machine; or
(b) a display case machine containing prizes that is in the nature of, or similar to a machine referred to in paragraph (a); or
(c) a machine played by inserting a coin into the machine and operating a mechanical assembly to pick up or otherwise convey a prize to the player,
is unlawful unless the conditions in subregulations (2), (3), (4) and (5) are met.
(2) A gaming machine may only be located in —
(a) an amusement centre; or
(b) an arcade; or
(c) a shopping centre; or
(d) a mall; or
(e) any other premises approved by the Commission and specified in a permit issued for that type of gaming machine.
(3) The maximum amount which may be charged per game for a machine is $5.
(4) The prizes which may be won by using a gaming machine must be prizes in the nature of goods and not money.
(5) The maximum retail value of a prize which may be won using a gaming machine is $50.
[Regulation 18A inserted: Gazette 22 Oct 1993 p. 5805‑6; amended: Gazette 22 Apr 1994 p. 1710; 30 Jan 2004 p. 415.]
18AA. Video lottery terminals, possession etc. of
(1) In these regulations, video lottery terminal means a device which displays electronically on a video screen a depiction of a card displaying symbols, by reference to which prizes in the game played may be won.
(2) The possession or use of a video lottery terminal is unlawful unless the conditions in subregulations (3), (4), (5), (6), (7), (8) and (9) are met.
(3) A video lottery terminal must not —
(a) provide a means of direct cash pay out; or
(b) allow more than 4 different kinds (series) of the same type of game to be played at any one time.
(4) A video lottery terminal shall not be constructed or adapted so as to be playable by means of the insertion of any cash, other than of the amount determined from time to time by the Commission.
(5) A video lottery terminal shall not dispense to the person playing the device any thing other than, where the card displayed electronically by the device constitutes a winning score, a prize docket evidencing the amount of the win.
(6) A prize docket evidencing a win on a video lottery terminal shall be exchangeable with a person authorised by the permit holder for cash equal to the amount displayed on that docket.
(7) A video lottery terminal shall be located in premises approved by the Commission and specified in a permit issued in respect of that device, and not elsewhere.
(8) The total value of the prize dockets a video lottery terminal is designed to distribute shall comprise 70% of the total cash received by the device.
(9) Of the total amount of cash received by a video lottery terminal 3.25% shall be paid to the Commission, to be distributed in the manner set out in section 104G(2) of the Gaming and Wagering Commission Act 1987 2.
[Regulation 18AA inserted: Gazette 15 Dec 1995 p. 6124‑5; amended: Gazette 28 Jun 1996 p. 3099; 23 Jun 2000 p. 3208.]
18B. Machines that dispense vouchers, possession etc. of
(1) The possession or use of an item of gaming equipment, other than one referred to in regulation 18A or 18AA, the playing of which can result in vouchers being dispensed, at the conclusion of a sequence of play, that may be exchanged for prizes is unlawful unless the conditions in subregulations (2), (3), (4), (5) and (6) are met.
(2) An item of gaming equipment may only be located in —
(a) premises approved by the Commission and specified in the permit as being approved for that particular item of gaming equipment; or
(b) premises approved by the Commission and specified in a permit as being approved for a specified class of gaming equipment of which that item forms a part.
(3) The maximum amount which may be charged per sequence of play is $5.
(4) In the case of amusement parlours, the maximum value of the voucher or vouchers which may be dispensed per sequence of play must not exceed a value which is 10 times the amount charged per sequence of play for that game.
(5) The prizes which may be won by exchanging a voucher or a number of vouchers must be prizes in the nature of goods and not money.
(6) The maximum retail value of a prize which may be won is —
(i) $500, if the prize is won by exchanging a voucher or a number of vouchers dispensed at an amusement parlour; or
(ii) $50, if the prize is won by exchanging a voucher dispensed at any other premises.
(7) In this regulation —
amusement parlour means premises where —
(a) video machines and other games of chance are played; and
(b) the predominant purpose of the premises is to provide a place to play such machines or games of chance;
voucher includes a ticket, a token, or any other symbolic item of exchange.
[Regulation 18B inserted: Gazette 22 Oct 1993 p. 5806; amended: Gazette 22 Apr 1994 p. 1710; 6 Jan 1995 p. 27‑8; 15 Dec 1995 p. 6125; 30 Jan 2004 p. 416.]
18C. Possession of certain gaming machines on cruise ships
cruise ship means any vessel that —
(a) has a minimum capacity of 100 passenger berths; and
(b) is conducting a scheduled deep water cruise.
(2) For the purposes of section 85(6A), on board a cruise ship in waters in an area to which section 85(4) applies is a prescribed circumstance.
Note:
The substantive criminal law of the State applies throughout the inner adjacent area for the State under the Crimes at Sea Act 2000 (Western Australia) and throughout the outer adjacent area for the State under the Crimes at Sea Act 2000 (Commonwealth).
[Regulation 18C inserted: Gazette 12 Aug 2011 p. 3249-50; amended: Gazette 26 May 2017 p. 2633.]
Division 5 — Permitted bingo
19. Rules for conducting bingo; rules to be displayed
(1) Rules for the conduct of games of bingo are set out in Part 1 of Schedule 4.
(2) The permit holder shall cause a copy of those rules to be displayed in each of the following locations —
(a) at the entrance to the premises; and
(b) in close proximity to the players; and
(c) in close proximity to the caller.
20. Bingo for senior citizens’ clubs, no fees payable for
Where bingo is conducted by, on behalf of, and at a club the members of which are wholly or mainly senior citizens or pensioners, and the persons participating in the play are members or the guests of members, no fee or other charge under these regulations is payable.
21. Percentage of receipts to be paid to Commission
Subject to regulation 20, the holder of a permit authorising the playing of the game of bingo is to pay to the Commission, within 7 days of the conclusion of a session of bingo (or such longer period as the Commission allows), 1% of the gross receipts obtained from participants in that session.
[Regulation 21 inserted: Gazette 28 Jun 1996 p. 3099.]
21A. Times and number of sessions
(1) A permit shall specify, as a condition of that permit, whether a session of the permitted bingo is to be conducted in the day (any 3 hour period after 9 a.m. and before 7 p.m.) or at night (any 3 hour period after 7 p.m. and before 9 a.m.).
[(2) deleted]
(3) Premises may not be used to conduct more than one day session and one night session of bingo in any 24 hour period.
[Regulation 21A inserted: Gazette 21 May 1993 p. 2520; amended: Gazette 30 Jul 2002 p. 3530.]
22. Sessions of bingo
(1) For the purposes of these regulations a session of bingo is a period —
(a) of not more than 3 hours; or
(b) in which 32 games are played,
whichever is the shorter.
(2) Except where the permit otherwise provides —
(a) not more than one session of bingo shall be conducted under the authority of that permit in any week;
(aa) not more than one session per month per premise shall have a requirement that participants purchase a minimum number of books of tickets as a condition of entry to that session;
(b) no charge for admission to a session of bingo shall be made;
(ba) the purchase of raffle tickets shall not be a prerequisite to participation in a session of bingo.
[Regulation 22 amended: Gazette 6 Apr 1990 p. 1768; 21 May 1993 p. 2520; 22 Aug 2006 p. 3465.]
23. Controllers of sessions, appointment and duties of
(1A) In this regulation —
approved electronic bingo equipment means gaming equipment approved by the Commission for use in conducting bingo by electronic means.
(1) Each session of bingo must be controlled by —
(a) a person appointed by the permit holder from a list of persons the appointment of whom the permit holder has had authorised by the Commission; and
(b) at least 2 other persons to assist that person, appointed by the club.
(2) The person appointed by the permit holder under subregulation (1)(a) for a session of bingo must —
(a) in respect of the session keep, or cause to be kept, an accurate record of —
(i) the gross receipts for each game of bingo; and
(ii) the amount of the prizes awarded for each game;
and
(b) if the session has more than 100 participants — provide not less than 2 spotters for the session, who must not participate in the session; and
(c) at the conclusion of each game in the session, cause the winning card numbers to be —
(i) called back and checked with the drawn numbers by 2 unsuccessful players in the game; or
(ii) displayed to each player by means of approved electronic bingo equipment;
and
(d) ensure that each player participates in no more than 1 call back under paragraph (c)(i) in the session.
[Regulation 23 amended: Gazette 6 Apr 1990 p. 1768; SL 2020/10 r. 4.]
23A. Advertising value of prizes prohibited
(1) The permit holder, organizer, promoter or a person appointed by the permit holder under regulation 23(1) shall not, prior to a session —
(a) advertise or cause to be advertised; or
(b) announce or cause to be announced,
the value of a prize at that session.
(2) In this regulation —
prize includes a jackpot prize;
value, in relation to a prize, includes any projected value, estimated value or potential value of the prize.
[Regulation 23A inserted: Gazette 27 Feb 1991 p. 5068; amended: Gazette 22 Aug 2006 p. 3465‑6; SL 2025/35 r. 30.]
24. Prizes, permitted value of
(1) The total of all prizes paid for each session of bingo shall be calculated on the percentage of gross receipts for the session in accordance with the following table —
Table
| Gross receipts | | Total of prizes | Permitted variation |
|---|
| $5 000 and under | | no limit | — |
| Over $5 000 | | 60% | 5% |
(2) If —
(a) a jackpot prize is offered at a session of bingo; and
(b) any part of that prize is funded from sources other than receipts from that session of bingo,
then for the purposes of this regulation the value of the part of the prize referred to in paragraph (b) is not included in the total of prizes for that session of bingo.
[Regulation 24 amended: Gazette 15 Feb 1994 p. 552; 22 Aug 2006 p. 3466; 11 Jul 2017 p. 3834.]
25. Expenses, maximum and calculation of
(1) Unless prior agreement is obtained from the Commission in writing, expenses shall not exceed 20% of gross receipts.
(2) For the purposes of this regulation —
(a) the cost of any bus used to carry participants or organizers, to or from the venue; and
(b) the total retail value of incentives offered, or where any incentive offered has been donated, the retail cost of that incentive,
shall be included in the calculation of expenses.
(2a) If —
(a) a jackpot prize is offered at a session of bingo; and
(b) any part of that prize is funded from sources other than receipts from that session of bingo,
then for the purposes of this regulation the value of the part of the prize referred to in paragraph (b) is not required to be included —
(c) in the total retail value of incentives; or
(d) in the calculation of expenses.
(3) For the purposes of this regulation the following shall be included in the calculation of the gross receipts —
(a) receipts from bingo;
(b) receipts from any —
(i) continuing lottery; or
(ii) lottery deemed to be permitted under section 103,
that is conducted at or in connection with a session of bingo.
[Regulation 25 inserted: Gazette 6 Apr 1990 p. 1768; amended: Gazette 22 Aug 2006 p. 3466‑7.]
26. Playing other games of chance at bingo premises
(1) Subject to subregulation (2), no other game of chance or lottery shall be conducted, or permitted to be conducted, on the same premises as are used for the conduct of any session of bingo.
(2) Any one or more of the following may be conducted or permitted to be conducted on the same premises as are used for the conduct of any session of bingo —
(a) a continuing lottery;
(b) a lottery deemed to be permitted under section 103;
(c) a standard lottery, other than a lottery deemed to be permitted under section 103;
(d) a trade promotion lottery where the aggregate of the value of the prizes offered or distributed does not exceed $3 000.
(3) Where a continuing lottery or a lottery deemed to be permitted under section 103 is conducted by a bingo permit holder pursuant to subregulation (2), that permit holder shall cause to be kept accurate records of —
(a) the gross receipts for each such lottery; and
(b) the amount of prizes awarded for each such lottery.
[Regulation 26 inserted: Gazette 6 Apr 1990 p. 1768‑9; amended: Gazette 22 Aug 2006 p. 3467.]
Division 6 — Lotteries, etc.
Subdivision 1 — Standard lotteries
27. Rules for conducting standard lottery
Rules for the conduct of a standard lottery, other than a lottery deemed to be permitted under section 103, are set out in Division 1 of Part 2 of Schedule 4.
28. Conditions relating to standard lottery
A permit for a standard lottery shall contain conditions limiting —
(a) the total number of —
(i) chances which may be offered for sale; or
(ii) subscriptions which may be received;
and
(b) the price of each chance or subscription; and
(c) the dates between which chances may be sold or subscriptions called; and
(d) the maximum retail value of prizes or amount of prize money which may be distributed and offered.
[Regulation 28 amended: Gazette 11 May 1993 p. 2397.]
[28A, 28B. Deleted: Gazette 6 Jul 1993 p. 3312.]
28C. Lottery tickets etc. not to be sent etc. to persons for sale etc. without their consent
No chance in a lottery, whether represented by the issue of a ticket in that lottery or allocated in the form of a lucky number or in any other way, shall be sent, posted or allocated to any person for the purposes of sale to or by that person unless that person has previously consented to either buy or sell that chance.
[Regulation 28C inserted: Gazette 11 May 1993 p. 2398.]
29. When standard lottery must be drawn
(1) A permit holder shall complete the drawing of a standard lottery within 14 days of the closing date of the lottery, unless the Commission authorises a longer time period in the permit for that lottery.
(2) Where under section 104(3) of the Act the Commission permits a permit holder to postpone the closing date of a standard lottery, the permit holder shall cause the new closing date to be made available to the public using the means by which notification of winners is to take place.
[Regulation 29 inserted: Gazette 11 May 1993 p. 2398; amended: Gazette 23 Feb 1996 p. 674.]
30. Unclaimed prizes in standard lotteries
(1) Where any prize in a standard lottery is not claimed within one year of the date of drawing the permit holder shall furnish to the Commission in writing —
(a) the name, and any known address, of the prize winner; and
(b) details of the prize; and
(c) particulars of the steps taken to locate the prize winner.
(2) The Commission may give directions to the permit holder to take specific further steps to locate the prize winner.
(3) Where, after the expiry of such period as the Commission may set following receipt of a notification under subregulation (1), a prize remains unclaimed the Commission may —
(a) direct that any property or money representing that prize be applied to any object detailed in the application, if section 58 applies; and
(b) otherwise, give directions as to the disposal of the prize.
(4) It is deemed to be a condition imposed in relation to any permit issued in respect of a lottery that the permit holder will cause any direction given under this regulation to be implemented.
30A. Prizes from donor organizations
(1) Where a permit holder obtains an undertaking from a donor organization that a prize will be offered, and prior to the drawing of the lottery —
(a) the donor organization has not honoured its undertaking; or
(b) in the opinion of the Commission, exceptional circumstances exist,
the permit holder may, after first obtaining the written approval of the Commission, pay the equivalent cash value of the prize, or substitute the same or a similar prize of equal value, in place of the original prize.
(2) The Commission may grant approval, for the purposes of subregulation (1), where an application, in writing, for that approval is received from the permit holder prior to the drawing of the relevant lottery.
(3) For the purposes of subregulation (1), donor organization includes an individual.
[Regulation 30A inserted: Gazette 27 Sep 1991 p. 5069.]
30B. Body not to buy ticket etc. in its own lottery
(1) A body on behalf of which or for the purposes of which a standard lottery is conducted or a person acting on behalf of that body shall not purchase or otherwise acquire a chance in that standard lottery.
(2) Where a chance in a lottery is purchased or otherwise acquired by a body on behalf of which or for the purposes of which a standard lottery is conducted or by a person acting on behalf of that body, that chance shall be ineligible for any prize in that lottery.
[Regulation 30B inserted: Gazette 11 May 1993 p. 2398.]
31. Small private lotteries (Act s. 103)
For the purposes of section 103 —
(a) the amount prescribed under subsection (1)(d) as the maximum value of any prize is $1 000; and
(b) the amount prescribed under subsection (2)(c) as the aggregate prize value is $2 000.
[Regulation 31 amended: Gazette 16 May 1997 p. 2393; 22 Aug 2006 p. 3467‑8.]
Subdivision 2 — Continuing lotteries
32. Rules for conducting continuing lotteries
Rules for the conduct of continuing lotteries are set out in Division 2 of Part 2 of Schedule 4.
33. Conditions relating to continuing lottery
(1) A permit for a continuing lottery shall contain conditions —
(a) limiting the total number of tickets which may be offered for sale; and
(b) specifying the price of tickets; and
(c) specifying or limiting the premises or locations where tickets may be sold.
(2) Every permit for a continuing lottery is issued subject to the conditions —
(a) that all tickets offered for sale in that lottery are obtained from a person who is a licensed supplier; and
(b) that the total value of the prizes that may be won shall be not less than 60% of the total face value of the tickets; and
(c) that each ticket offered for sale is so made that the layer concealing the symbols, from which the holder of a ticket ascertains whether or not the presentation of the ticket will entitle the holder to receive any prize in the lottery, is continuously sealed on all sides against the portion of the ticket on which the symbols are printed.
[Regulation 33 amended: Gazette 1 Dec 2015 p. 4824.]
34. Vending machines for continuing lotteries, location of and conditions as to (Act s. 105(2))
(1) For the purposes of section 105(2), the following premises are premises of a prescribed kind —
(a) premises licensed under a written law for the sale or supply of alcoholic liquor;
(b) premises at which permitted bingo may be conducted during any period commencing 1 hour before, and ending 30 minutes after, bingo is conducted at the premises.
(2) The permit holder shall cause each ticket vending machine —
(a) to be identified by a number permanently fixed on the vending machine; and
[(b) deleted]
(c) unless in a club, to have —
(i) the cash tray separately locked and independent from any other part of the machine;
(ii) a notice clearly displayed on it specifying the organization for the benefit of which and the purposes to which proceeds of the lottery are to be applied,
and compliance with this subregulation is a condition imposed and deemed to be implied in respect of every licence to conduct a continuing lottery using a ticket vending machine.
[Regulation 34 amended: Gazette 4 Aug 1998 p. 3989; 21 Dec 2001 p. 6551.]
35. Accounts etc. of continuing lottery to be available for inspection
With respect to a continuing lottery, all accounts, tickets, vouchers and things relating to the lottery shall at all times be kept readily accessible by the permit holder for inspection or audit as provided by the Act.
[Regulation 35 inserted: Gazette 16 May 1997 p. 2393.]
36. Distribution of benefit
Where an organization or purpose is named in the permit as that on behalf of which a continuing lottery is conducted then, subject to section 58, not less than 15% of the total face value of the tickets sold shall be distributed to that organization or applied for that purpose.
Subdivision 3 — Trade promotion lotteries
[Heading inserted: Gazette 6 Sep 2016 p. 3831.]
36A. Prescribed conditions for trade promotion lottery (Act s. 102)
(1) For the purposes of section 102 of the Act, the conditions specified in Schedule 5 are prescribed for a trade promotion lottery.
(2) In Schedule 5 —
lottery terms and conditions, in relation to a trade promotion lottery, means the terms and conditions applying to the conduct of the lottery including the terms and conditions of entry.
[Regulation 36A inserted: Gazette 6 Sep 2016 p. 3831-2.]
Subdivision 4 — Lotteries generally
37. Account book, form of (Act s. 104(3)(a))
An account book required to be kept by the permit holder under section 104(3)(a) in relation to a standard lottery, or required to be kept by the permit holder under a condition imposed in respect of a continuing lottery, shall be in a form agreed with the Commission prior to the issue of the permit for the lottery concerned and shall show —
(a) from what sources property or moneys are received in connection with the lottery, and the nature and value of each item; and
(b) the retail value placed on any prize other than a monetary prize; and
(c) the nature and purpose of all outgoings, the amount or item disbursed and the recipient; and
(d) if the Commission requires, the persons authorised to sell tickets or chances or to receive subscriptions and the nature and extent of that authorisation; and
(e) the manner in which the prizes were distributed, and the recipients; and
(f) the manner in and the purposes for which proceeds were distributed, the amounts or items disbursed for each purpose and the recipients; and
(g) any unclaimed prizes or moneys; and
(h) whether any and what property or moneys remain,
and such other information as the Commission may require under a condition imposed in respect of the permit, shall be retained for 1 year after the expiration of the permit, and shall be furnished to the Commission on request.
38. Prohibition as to private gain etc.
Every permit relating to a lottery is issued subject to the conditions that —
(a) no part of any property or money donated for the purposes of the lottery is to be used for any other purpose; and
(b) the whole proceeds of the lottery after deduction for proper expenses are to be devoted to purposes other than private gain.
38A. Offences related to permitted lotteries
(1) A person who conducts a permitted lottery otherwise than in accordance with any condition imposed in respect of the permit commits an offence.
(2) A person who conducts a standard or continuing lottery other than in accordance with —
(a) the regulations; or
(b) a condition imposed by or under the regulations,
commits an offence.
[Regulation 38A inserted: Gazette 11 May 1993 p. 2398; amended: SL 2025/35 r. 30.].]
Subdivision 5 — Amusements, etc.
39. Amusements with prizes at agricultural shows etc., matters prescribed for (Act s. 107(4))
For the purposes of section 107(4) —
(a) the amount paid for a chance to win a prize shall not exceed $10; and
(b) no money prize shall be distributed or offered of an amount exceeding $100.
[Regulation 39 amended: Gazette 8 Feb 1991 p. 651; 2 Mar 2018 p. 672.]
39A. Amusements with prizes at sporting events etc., matters prescribed for (Act s. 107(1))
For the purposes of section 107(1), an amusement with prizes which constitutes gaming or a lottery or both which is provided in relation to or in connection with any entertainment or sporting event is unlawful if —
(a) the amount paid for a chance to win a prize exceeds $2; or
(b) the maximum prize to be distributed exceeds $10 or $10 worth; or
(c) the amusement with prizes is conducted at any time other than during the entertainment or sporting event to which it relates.
[Regulation 39A inserted: Gazette 30 Apr 1993 p. 2282‑3.]
40. Minor fund raising activities (Act s. 108)
Subject to regulation 40A, for the purposes of section 108, the aggregate value of prizes shall not exceed $200.
[Regulation 40 amended: Gazette 23 Jun 2000 p. 3208.]
40A. Football tipping competitions (Act s. 108)
Despite regulation 40, if a person is conducting a football tipping competition under section 108, the aggregate of the prizes offered for the football season to which the competition relates may exceed $200, but shall not exceed $10 000.
[Regulation 40A inserted: Gazette 15 Mar 2002 p. 1313.]
Part 4A — Consumer protection
Division 1 — Preliminary
40B. Purpose of Part
The purpose of this Part is to give effect to the National Consumer Protection Framework for Online Wagering in Australia — National Policy Statement.
[Regulation 40B inserted: SL 2025/30 r. 6.]
40C. Application of Part
This Part applies to RWWA in relation to RWWA providing interactive wagering services in carrying out its functions under the RWWA Act Part 5.
[Regulation 40C inserted: SL 2025/30 r. 6.]
40D. Terms used
In this Part —
account means a wagering account established with RWWA under the RWWA Act section 64(1);
account holder, in relation to RWWA, means a person who holds an account with RWWA;
deposit limit, in relation to an account, means the maximum amount of money the account holder may deposit into the account in a particular period;
interactive wagering service means a wagering service that enables a person to wager using —
(a) a telephone; or
(b) an Internet application; or
(c) a website; or
(d) a datacasting service; or
(e) a broadcasting service;
National Consumer Protection Framework for Online Wagering in Australia — National Policy Statement means the document of that name dated 26 November 2018;
Note for this definition:
A copy of the National Consumer Protection Framework for Online Wagering in Australia — National Policy Statement is available on the Parliament of Western Australia’s website under Tabled Papers for the Legislative Council.
RWWA key employee has the meaning given in the RWWA Act section 24(2);
transaction, in relation to an account, means —
(a) a deposit into the account; or
(b) a withdrawal from the account; or
(c) a wager made using the account.
[Regulation 40D inserted: SL 2025/30 r. 6.]
40E. Liability of RWWA
responsible person, of RWWA, means —
(a) a person who is the CEO, a director, a RWWA key employee or other staff member, or contractor of RWWA; or
(b) a person, other than a person referred to in paragraph (a), who is engaged in providing RWWA’s interactive wagering services, including being involved in decisions affecting the provision of those services.
(2) If a responsible person of RWWA does an act or makes an omission that would constitute an offence under this Part if the act or omission were done or made by RWWA, RWWA is taken to have committed the offence and is liable to the penalty prescribed for the offence.
[Regulation 40E inserted: SL 2025/30 r. 6.]
Division 2 — Inducements and direct marketing
40F. Inducements prohibited in relation to establishing accounts
RWWA must not offer any credit, voucher, reward or other benefit as an inducement for a person —
(a) to establish an account with RWWA; or
(b) to refer another person to establish an account with RWWA.
[Regulation 40F inserted: SL 2025/30 r. 6.]
40G. Complimentary betting credits and tokens
RWWA must not offer or give a complimentary betting credit or token (including a thing commonly known as a bonus bet or matched bet) to an account holder unless —
(a) the holder can withdraw from their account winnings from a wager placed with the credit or token; and
(b) the withdrawal is not subject to a requirement that the holder continue to wager with the winnings.
[Regulation 40G inserted: SL 2025/30 r. 6.]
40H. Direct marketing
(1) RWWA must not send promotional or advertising material directly to an account holder unless —
(a) the holder has given RWWA express consent to receive promotional or advertising material directly and has not withdrawn their consent; and
(b) if the promotional or advertising material is sent by email — the holder can withdraw their consent or opt out of receiving promotional or advertising material directly by clicking on a single link that is prominently displayed in the email; and
(c) if the promotional or advertising material is sent other than by email — RWWA gives the holder a means by which the holder can easily withdraw their consent or opt out of receiving promotional or advertising material directly.
(2) For the purposes of subregulation (1)(a), an account holder is taken to have withdrawn their consent —
(a) if the holder requests RWWA to close their account — 24 hours after the request was made; or
(b) if the holder does not access their account for a period of 12 months — at the end of that period.
(3) RWWA must not offer any credit, voucher, reward or other benefit as an inducement for an account holder to —
(a) consent to receive promotional or advertising material directly; or
(b) not withdraw their consent to receive promotional or advertising material directly or opt out of receiving promotional or advertising material directly.
(4) RWWA must not require a person to consent to receive promotional or advertising material directly in order to —
(a) establish an account with RWWA; or
(b) if the person is an account holder —
(i) access their account; or
(ii) use their account; or
(iii) use a function associated with their account.
(5) In this regulation —
(a) a reference to RWWA sending promotional or advertising material directly to an account holder includes a reference to RWWA, by using the holder’s social media platform account name in a post or comment on the platform (commonly known as tagging or mentioning), causing a notification to be sent to the holder that directs the holder to promotional or advertising material; and
(b) a reference to an account holder receiving promotional or advertising material directly includes a reference to the holder receiving a notification referred to in paragraph (a).
[Regulation 40H inserted: SL 2025/30 r. 6.]
Division 3 — Closing accounts
40I. Process for closing accounts
(1) RWWA must ensure that the process for closing an account is simple and easy for a reasonable person to use.
(2) RWWA must ensure that the process for closing an account allows the holder to close the account by —
(a) telephone; or
(b) email; or
(c) any other means by which the holder may use the account to wager.
(3) RWWA must prominently display the process for closing an account —
(a) on RWWA’s website; and
(b) if an account holder is able to access their account using the Internet — at the location on the Internet at which the holder accesses the account.
(4) Subregulation (5) applies if an account holder’s account only allows the holder to use the account to place a bet using a telephone.
(5) If the account holder so requests by telephone, RWWA must, by telephone, give the holder details of the process for closing the account.
[Regulation 40I inserted: SL 2025/30 r. 6.]
40J. Account closure
If an account holder requests that RWWA close their account, RWWA must —
(a) immediately cease to accept new wagers from the holder; and
(b) close the account as soon as practicable after any existing wager is settled.
[Regulation 40J inserted: SL 2025/30 r. 6.]
40K. Inducements and encouragement prohibited in relation to closing accounts
(1) If an account holder asks RWWA to close their account, RWWA must not —
(a) offer any credit, voucher, reward or other benefit as an inducement for the holder to not close their account; or
(b) encourage the holder to not close their account.
(2) RWWA does not contravene subregulation (1) if RWWA merely —
(a) explains to the account holder the consequences of closing the account; and
(b) asks if the holder wishes to proceed with closing the account.
[Regulation 40K inserted: SL 2025/30 r. 6.]
Division 4 — Deposit limits
40L. Deposit limits
(1) Before RWWA establishes an account for a person, RWWA must —
(a) require the person to set a deposit limit for the account or indicate they do not wish to set a deposit limit for the account; and
(b) if the person indicates they do not wish to set a deposit limit for the account —
(i) give the person information about the benefits of setting a deposit limit for an account; and
(ii) ask the person if they wish to proceed with not setting a deposit limit for the account.
(2) If a person sets a deposit limit for an account established for the person, RWWA must make the account subject to the deposit limit.
(3) RWWA must not allow an account holder to deposit money into their account if the account is subject to a deposit limit and —
(a) the deposit limit has been reached; or
(b) the deposit limit would be exceeded if the money were deposited.
[Regulation 40L inserted: SL 2025/30 r. 6.]
40M. Review of deposit limits
relevant time, for asking an account holder, means at the time the holder makes their first wager with RWWA after each anniversary of the day on which the holder made their first wager with RWWA using their account;
relevant way, for asking an account holder, means —
(a) if the holder is making their wager using a telephone — by telephone; or
(b) if the holder is making their wager using another means — in writing using that means.
(2) RWWA must, at the relevant time and in the relevant way, ask an account holder whether the holder wishes to set a deposit limit or change the deposit limit (as the case may be) for the holder’s account.
(3) Subregulation (2) does not apply if the account holder has not used their account to wager within the previous 12 months.
[Regulation 40M inserted: SL 2025/30 r. 6.]
40N. Process for account holder to set or change deposit limit
(1) RWWA must ensure that the process for an account holder to set or change the deposit limit to which their account is subject is simple and easy for a reasonable person to use.
(2) RWWA must ensure that the process for an account holder to set or change the deposit limit to which their account is subject —
(a) allows the holder to choose the duration for which the deposit limit applies from at least 2 options offered by RWWA, including, for example, the following —
(i) 1 day;
(ii) 1 week;
(iii) 1 fortnight;
(iv) 1 month;
and
(b) does not allow the holder to choose the duration for which the deposit limit applies of more than 1 month; and
(c) allows the holder to set or change the deposit limit themselves by any means by which the holder may use the account to wager; and
(d) allows the holder to request, in person or by telephone or email, that RWWA set or change the deposit limit.
(3) RWWA must prominently display the process for an account holder to set or change the deposit limit to which their account is subject —
(a) on RWWA’s website; and
(b) if an account holder is able to access their account using the Internet — at the location on the Internet at which the holder accesses the account.
[Regulation 40N inserted: SL 2025/30 r. 6.]
40O. RWWA must give effect to changed deposit limit
(1) If an account holder requests that RWWA decrease the deposit limit to which their account is subject, RWWA must give immediate effect to the request.
(2) If an account holder requests that RWWA increase the deposit limit to which their account is subject, RWWA must give effect to the request, but no earlier than 7 days after the request is made.
[Regulation 40O inserted: SL 2025/30 r. 6.]
40P. RWWA must promote availability of deposit limits
RWWA must promote the availability of deposit limits for accounts —
(a) on any brochure, pamphlet or other marketing material (other than an advertisement) that gives information about how to establish an account with RWWA; and
(b) as part of any “welcome pack” (however described) given to an account holder upon the establishment of the holder’s account; and
(c) on RWWA’s website’s home page and any point‑of‑sale page; and
(d) on any activity statement or transaction history for an account that RWWA gives, or makes available to, the account holder under Division 5 or 6.
[Regulation 40P inserted: SL 2025/30 r. 6.]
Division 5 — Activity statements
40Q. Term used: activity statement
In this Division —
activity statement, for an account, for a month, means a document about the account that —
(a) sets out the following for the month —
(i) the amount spent;
(ii) the number of wagers made;
(iii) the wins and losses;
(iv) the overall net win/loss;
(v) the opening balance and closing balance;
(vi) the deposits and withdrawals;
and
(b) includes a column graph that illustrates —
(i) the total amount spent in the period of 6 months that is made up of the month and the preceding 5 months (the 6‑month period); and
(ii) the overall net win/loss for the 6‑month period; and
(iii) the information referred to in subparagraphs (i) and (ii) compared to the same 6‑month period in the previous year;
and
(c) if the activity statement is given by email — includes a link to a list of transactions for the account for the month; and
(d) only uses red text or red shading to show losses; and
(e) only uses black text to show wins; and
(f) does not use any shading to show wins; and
(g) includes information, or if the activity statement is given by email, a link to information, about support services for gambling; and
(h) includes a message that promotes consumer protection tools; and
(i) does not include any promotional or advertising material.
Examples for this definition:
For the purposes of paragraph (h), examples of consumer protection tools are —
(a) a self‑exclusion register;
(b) a deposit limit on an account.
[Regulation 40Q inserted: SL 2025/30 r. 6.]
40R. RWWA must give activity statements
(1) RWWA must give an account holder who is active in a month an activity statement for their account for the month —
(a) if the holder accesses their account using the Internet — by email within 7 days after the month ends; or
(b) otherwise — by email or post within 7 days after the month ends.
(2) RWWA must not give an account holder an activity statement for their account for a month if the holder is not active in that month.
(3) For the purposes of subregulations (1) and (2), an account holder is active in a month if the holder has made at least 1 transaction in their account during the month.
[Regulation 40R inserted: SL 2025/30 r. 6.]
40S. RWWA must make available and give copies of activity statements
(1) If an account holder accesses their account using the Internet, RWWA must make all activity statements for the account easily available to be viewed at any time through the account.
(2) For the purposes of subregulation (1), an activity statement is not easily available to be viewed if the account holder must enter a password to view the statement once the holder has accessed the account.
(3) If an account holder requests a copy of an activity statement for their account, RWWA must give the holder the copy —
(a) by email within 2 days after the request; or
(b) by post within 7 days after the request.
(4) If RWWA gives the copy of the activity statement to the account holder by post, RWWA may charge the holder the costs associated with the postage.
[Regulation 40S inserted: SL 2025/30 r. 6.]
40T. Form of activity statements
RWWA must ensure that an activity statement is written in a way that is simple and easy for a reasonable person to understand.
[Regulation 40T inserted: SL 2025/30 r. 6.]
Division 6 — Transaction histories
40U. RWWA must make transaction histories available to account holders who use Internet
relevant period means —
(a) if a period is specified by the account holder — that period; or
(b) otherwise — the period beginning on the day the account was established and ending at the time at which the transaction history is being viewed.
(2) If an account holder accesses their account using the Internet, RWWA must make a list of transactions (a transaction history) for the account for the relevant period easily available to be viewed at any time through the account.
(3) For the purposes of subregulation (2), a transaction history is not easily available to be viewed if the account holder must enter a password to view the history once the holder has accessed the account.
(4) Nothing in this regulation requires RWWA to provide a transaction history for a period that begins more than 7 years before the time at which the transaction history is being viewed.
[Regulation 40U inserted: SL 2025/30 r. 6.]
40V. RWWA must give transaction histories on request to relevant persons
relevant period means —
(a) if a period is specified by the relevant person — that period; or
(b) otherwise — the period beginning on the day the account was established and ending on the day of the request;
relevant person means —
(a) an account holder who accesses their account other than by using the Internet; or
(b) a person who was formerly an account holder, but whose account has been closed.
(2) If a relevant person so requests, RWWA must give the person a list of transactions (a transaction history) for their account for the relevant period by email or post within 14 days after the request.
(3) Nothing in this regulation requires RWWA to provide a transaction history for a period that begins more than 7 years before the request.
[Regulation 40V inserted: SL 2025/30 r. 6.]
Division 7 — Consistent gambling messaging
40W. Commission may set out and require use of consistent gambling messaging
consistent gambling messaging means statements about the risks of, and potential harm from, gambling.
(2) The Commission may, by notice published in the Gazette or on the Department’s website —
(a) set out consistent gambling messaging; and
(b) specify the circumstances in which RWWA is required to use consistent gambling messaging.
(3) In acting under subregulation (2), the Commission must have regard to —
(a) Part 8 of the National Consumer Protection Framework for Online Wagering in Australia — National Policy Statement; and
(b) consistent gambling messaging that other States and Territories have adopted in giving effect to that Part.
[Regulation 40W inserted: SL 2025/30 r. 6.]
40X. RWWA must comply with notice published under r. 40W
RWWA must comply with any requirement that applies to RWWA under a notice published by the Commission under regulation 40W(2).
[Regulation 40X inserted: SL 2025/30 r. 6.]
Division 8 — Staff training
40Y. Term used: relevant individual
In this Division —
relevant individual, of RWWA, means —
(a) an individual who is the CEO, a director, a RWWA key employee or other staff member of RWWA; or
(b) an individual, other than an individual referred to in paragraph (a), who —
(i) is engaged in providing RWWA’s interactive wagering services; or
(ii) has the capacity to influence the provision of those services.
[Regulation 40Y inserted: SL 2025/30 r. 6.]
40Z. RWWA must ensure relevant individuals receive training
responsible gambling training means training approved by the Commission under subregulation (4).
(2) RWWA must ensure that each relevant individual of RWWA receives responsible gambling training that comprises —
(a) initial training within 1 month after the individual becomes a relevant individual of RWWA; and
(b) refresher training within 12 months after —
(i) the initial training; or
(ii) for an individual who has received refresher training — the previous refresher training.
(3) RWWA must ensure that a relevant individual of RWWA does not interact with an account holder unless the individual has received initial training under subregulation (2)(a).
(4) The Commission may, by notice published in the Gazette or on the Department’s website, approve training about responsible gambling for the purposes of this regulation.
[Regulation 40Z inserted: SL 2025/30 r. 6.]
40ZA. RWWA must make and keep records of training
(1) RWWA must make a record in relation to each relevant individual of RWWA that —
(a) specifies —
(i) the date the individual became a relevant individual of RWWA; and
(ii) the training the individual has completed under regulation 40Z; and
(iii) the date the training was completed;
and
(b) is written; and
(c) is accurate; and
(d) as far as practicable, is up to date; and
(e) is kept in a form that can be reasonably inspected and copied by an authorised officer.
(2) RWWA must keep a record made under subregulation (1) for at least 7 years after the training to which the record relates was completed.
[Regulation 40ZA inserted: SL 2025/30 r. 6.]
40ZB. RWWA must produce records to authorised officers
(1) An authorised officer may require RWWA to produce a record made under regulation 40ZA(1) to the officer for inspection and copying.
(2) RWWA must comply with a requirement made of RWWA under subregulation (1).
[Regulation 40ZB inserted: SL 2025/30 r. 6.]
Division 9 — Consumer protection plan
40ZC. RWWA must have consumer protection plan
RWWA must develop and maintain a plan, to be called a consumer protection plan, that includes —
(a) a statement of RWWA’s commitment to following the National Consumer Protection Framework for Online Wagering in Australia — National Policy Statement; and
(b) a statement of RWWA’s commitment to complying with this Part; and
(c) a description of the measures and systems RWWA has established to enable RWWA to follow the National Consumer Protection Framework for Online Wagering in Australia — National Policy Statement and comply with this Part.
[Regulation 40ZC inserted: SL 2025/30 r. 6.]
Part 5 — Miscellaneous
[Heading inserted: Gazette 4 Aug 1998 p. 3989.]
41. Premises where amusement machines are permitted (Act s. 39(2)(e))
Premises where there is no gaming equipment in use except machines of the kind described in section 39(2)(e) are prescribed for the purposes of that section.
[Regulation 41 inserted: Gazette 4 Aug 1998 p. 3989.]
42. Unclaimed winnings (Act s. 109B(1))
For the purposes of section 109B(1)(a) and (b), the prescribed amount is 99 cents.
[Regulation 42 inserted: Gazette 4 Aug 1998 p. 3989.]
43. Certain advertisements and inducements prohibited
gambling advertisement means an advertisement that —
(a) conveys, or is likely to be understood as conveying, the existence in this State or elsewhere of a gambling operator; and
(b) gives publicity to, or otherwise promotes or is intended to promote, participation in gambling;
gambling operator means —
(a) a person referred to in section 43A(3)(a) to (da) of the Act; or
(b) a person or class of person prescribed under section 43A(3)(d) of the Act;
publish means to bring to the notice of the public or a section of the public by means of newspaper, television, radio, the internet or any other form of communication.
(2) A person must not publish, or cause to be published, in this State a gambling advertisement that —
(a) procures, incites or encourages a person to commit an offence; or
(b) shows a child gambling or at a place where gambling is, or is depicted as, occurring; or
(c) is false, misleading or deceptive; or
(d) suggests that every bet placed with, or placed or accepted through, a gambling operator will be successful; or
(e) offers a benefit, consideration or reward in return for a person —
(i) participating in gambling; or
(ii) continuing to gamble; or
(iii) opening a betting account with a gambling operator; or
(iv) referring another person to open a betting account with a gambling operator;
or
(f) contains an express or implied inducement for a person to contact a gambling operator other than in relation to food, accommodation or other non‑gambling goods or services provided by the gambling operator; or
(g) offers a person free or discounted liquor, as defined in the Liquor Control Act 1988 section 3(1), if the person participates in gambling; or
(h) is not in accordance with the following codes of practice —
(i) the Australian Press Council’s Statement of Principles (in the case of a press media advertisement);
(ii) the Commercial Radio Code of Practice (in the case of a commercial radio advertisement);
(iii) the Community Radio Broadcasting Code of Practice (in the case of a community radio advertisement);
(iv) the Commercial Television Industry Code of Practice (in the case of a commercial television advertisement);
(v) the Community Television Code of Practice (in the case of a community television advertisement).
(3) Subregulation (2)(a) to (g) does not apply to a person who publishes, or causes to be published, a gambling advertisement if the person —
(a) is not the gambling operator to which the advertisement relates; and
(b) has written approval to publish the advertisement from the gambling operator to which the advertisement relates.
(4) Subregulation (2)(e)(i) and (ii) does not apply to a benefit, consideration or reward if —
(a) it relates to a trade promotion lottery conducted by a gambling operator; or
(b) it is in the form of a dividend paid by a gambling operator.
(5) Subregulation (2)(e)(i) and (ii) and (f) does not apply to a gambling advertisement if —
(a) it is published by the gambling operator to which the advertisement relates; and
(b) it is published only by sending it to persons who —
(i) are existing customers of the gambling operator; and
(ii) have consented to the gambling operator sending gambling advertisements to them;
and
(c) it includes instructions on how a person can withdraw their consent to, or otherwise stop, the gambling operator sending gambling advertisements to them.
(6) A gambling operator who publishes, or causes to be published, a gambling advertisement in this State must ensure that —
(a) if it is published in audio or audio‑visual form, it clearly and audibly includes —
(i) the telephone number of the national problem gambling helpline or details of the national problem on‑line counselling website; and
(ii) the words “gamble responsibly” or a similar responsible gambling message;
or
(b) in any other case, it prominently displays the telephone number of the national problem gambling helpline and details of the national problem on‑line counselling website.
(7) A person must not offer or provide, or cause to be offered or provided, to another person (the second person) a benefit, consideration or reward in return for the second person —
(a) participating in gambling; or
(b) continuing to gamble; or
(c) opening a betting account with a gambling operator; or
(d) referring another person to open a betting account with a gambling operator.
(8) Subregulation (7)(a) and (b) does not apply to a benefit, consideration or reward if —
(a) it relates to a trade promotion lottery conducted by a gambling operator; or
(b) it is in the form of a dividend paid by a gambling operator; or
(c) it is offered or provided to a person who is an existing customer of a gambling operator in return for participating in gambling, or continuing to gamble, with the gambling operator.
(9) A person who contravenes subsection (2) or (7) commits an offence.
(10) A gambling operator who contravenes subsection (6) commits an offence.
[Regulation 43 inserted: Gazette 8 Jan 2010 p. 17‑19; amended: Gazette 31 May 2019 p. 1718‑20; SL 2025/35 r. 27.]
44. Prescribed interval (Act s. 110B(4)(b))
For the purposes of section 110B(4)(b) of the Act, the prescribed interval is one month.
[Regulation 44 inserted: Gazette 8 Jan 2010 p. 19.]