54Unlawful games

54 Unlawful games (1) For the purposes of this Act: (a) a game: (i) which is or is intended to be a game of chance; (ii) which is or is intended to be a game partly of chance and partly of skill; or (iii) which is a trick or sleight of hand, played with an instrument of gaming, contrivance or device whereby money is or goods are gained or disposed of; Gaming Control Act 1993 41 (b) a game from which a person derives a percentage, part or share of the amount or amounts wagered, staked or played for or for which a charge is made; or (c) a game declared under the Regulations or by the Minister under section 53(2)(a) to be an unlawful game, is an unlawful game. (2) The Minister may in writing permit the playing of a game that is otherwise unlawful in such place or places and on such occasions as the Minister specifies in the notice. (3) A person is not guilty of an offence against this Division in respect of an unlawful game specified in: (a) a notice under subsection (2); or (b) a permit granted under this Act, where the person is playing the game in accordance with the notice or permit. (4) Notwithstanding subsection (1), the game commonly known as or called two-up or swy is not an unlawful game where: (a) it is played at a racing venue situated outside the circumference of a circle having a radius of 80 km centred on the casino at Alice Springs and Darwin respectively, is conducted by or on behalf of a club on the day of a meeting for a period of not more than 4 hours commencing after the finish of the last race of the meeting, and the profits (if any) are payable to the club to be applied towards its purposes or such other purposes as the club thinks proper; or (b) it is played only on 25 April (whether or not Anzac Day is publicly celebrated on that date), is conducted by or on behalf of a Returned Services League Club and the profits (if any) are payable to that club. (5) In subsection (4)(a), the words "club", "meeting", "race" and "racecourse" have the same meanings as "race club", "race meeting" and "racecourse" (respectively) in section 4 of the Racing and Wagering Act 2024. Gaming Control Act 1993 42