Western Australia
Gaming and Wagering Commission Act 1987
Western Australia
Gaming and Wagering Commission Act 1987
CONTENTS
Part I — Preliminary
1. Short title 2
2. Commencement 2
3. Terms used in this Act 2
Part II — The Commission
Division 1 — Administration
4. The Gaming and Wagering Commission 10
5. Commission symbol 10
6. The relationship between the Minister and the Commission 10
Division 2 — Duties and powers
7. Duties 11
8. Powers of the Commission 13
Division 3 — Finance
9. Funds of Commission 15
10. Application of Financial Management Act 2006 and Auditor General Act 2006 17
11. Dealings by Commission subject to approval of the Treasurer 17
Division 4 — Membership, co‑option, consultation and committees
12. Membership of the Commission 18
13. Remuneration, and service with the Commission 21
14. Co‑option and consultation 22
15. Committees 22
16. Delegation 23
Division 5 — Proceedings
17. Proceedings 24
Division 6 — Staff, etc.
18. Staff etc. 25
19. Co‑operation by statutory bodies 28
20. Reports, secrecy etc. 28
Division 7 — Confidential police information
20A. Confidential police information 29
Part III — Enforcement
21. Authorised officers 32
22. Supervision of permitted gaming 33
23. Police powers not affected 34
24. Powers of police 34
25. Entry, search and seizure, by warrant 35
26. Power to obtain evidence etc. 36
27. Power of Commission to require information and accounts, and production of books etc. 37
28. Recovery of moneys 39
29. Offences relating to obstruction, failure to answer etc. and misleading information 40
30. Incriminating evidence 41
31. Seizure without warrant 42
31A. Powers to assist seizing things 42
32. Forfeiture 42
32A. Disposing of seized or forfeited things 43
33. Prosecution of offenders 43
34. Offences to be dealt with by magistrate 44
35. General penalty 44
36. Infringement notices 44
37. Liability of directors etc. 46
38. Service of notices 47
39. Evidence generally 47
40. Evidence relating to common gaming houses 52
Part IV — Common gaming houses, unlawful gaming, cheating etc.
40A. Part does not apply to gambling under other written laws 55
41. Common gaming houses 55
42. Unlawful games 57
43. Defence of restricted access not available 59
43A. Advertising unlawful gambling 59
44. Cheating 61
45. Offences relating to permitted gaming 62
Part V — Permitted gambling
Division 1 — Gaming generally
46. Permitted gaming 64
47. Gaming permits 65
48. Issue of permit on direction by the Minister 66
49. Matters to be taken into account in determining applications for the issue or renewal of a permit67
50. The register 69
51. Persons eligible to hold permits 70
52. Applications for a permit 72
53. Fees and charges payable to the Commission 73
54. Charges payable by persons for taking part in permitted gaming 74
55. Approved premises 76
56. Renewals of approvals, permits and certificates 79
57. Reports to be made by permit holders 80
58. Condition may relate to objects of the gaming 81
59. Conditions as to the giving of security 82
60. Revocation or amendment of permits and certain approvals84
62. Reports as to the revocation or amendment of current approvals, permits or certificates, and appeals to the Minister86
63. Prohibition of credit for permitted gaming 87
Division 2 — Social gambling
64. Social gambling, generally 88
Division 4 — Permitted two‑up
80. “Two‑up” at country race meetings 91
81. Permitted “two‑up”, other than at country race meetings 93
82. Conditions deemed to be imposed 94
83. Regulations for the purposes of this Division 95
Division 5 — Gaming machines and other gaming equipment and its operation
84. Terms used in this Division 96
85. Unlawful gaming machines and equipment 97
86. Use of unlawful cash or tokens in a gaming machine 100
87. Records relating to gaming equipment 100
88. Prescribed gaming equipment 101
89. Conditions as to the sale or supply of prescribed gaming equipment 104
90. Application of sections 88 and 89 to concessionaires 104
91. Approval by Commission of certain persons connected with permitted gaming 105
92. Approved operators’ certificate 107
93. Offences in relation to approved operators’ certificates 108
Division 6 — Permitted bingo
94. Terms used in this Division 108
95. Permit to conduct bingo 109
96. Multiple bingo 111
97. Simultaneous bingo, other than multiple bingo 112
98. The conduct of bingo 114
99. Moneys payable to the Commission in relation to bingo 114
100. Regulations as to bingo 115
Division 7 — Lotteries, and amusements with prizes etc.
101. Terms used in this Division 116
102. Certain lotteries unlawful 118
103. Small private lotteries 118
104. Other permitted lotteries 120
104A. Commission not liable to give compensation for unpaid prizes123
104B. Licensing of suppliers 123
104C. Termination of licence 125
104D. Appeals to the Minister 126
104E. Tickets to be delivered up 126
104F. Returns to be lodged and levy paid 128
104G. Levy to be divided 129
104H. Exemption from levy 130
104I. Refund of levy 130
104J. Memorandum may be created in certain cases 131
104K. Destruction of tickets on which levy not paid 132
104L. Certain offences by licensed supplier 132
104M. Certain offences 134
105. Certain ticket vending machines prohibited 134
106. Certain offences in relation to lotteries 135
107. Provision of amusements with prizes 136
108. Minor fund raising activities 138
109. Regulations for the purposes of this Division 139
Division 8 — Unclaimed winnings
109A. Terms used in this Division 140
109B. Unclaimed winnings 140
109C. Gaming Community Trust Account 142
109D. Gaming Community Trust 142
Part VA — Supervision of RWWA
109E. The term “gambling operations of RWWA” 145
109F. Supervision of RWWA 145
109G. Directions to RWWA 146
109H. RWWA must comply with directions 146
109I. Complaints about RWWA 147
109J. Report on or inquiry into RWWA 147
109K. Powers of Minister following report and recommendations, or inquiry 149
Part VI — Ancillary
110. Gaming on premises licensed for the retail sale of liquor 151
110A. Sports Wagering Account 152
111. Questions as to the Burswood Casino Agreement 153
112. Transitional provisions as to the Casino Control Act 1984153
117. Regulations 154
Notes
Compilation table 155
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 by 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 1.
[Section 1 amended by 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 1.
3.
(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;
(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;
(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;
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;
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;
(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;
(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 any 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 under, and which does not contravene, Part V Division 6;
permitted gaming means gaming which is conducted under, and in all respects in accordance with, a permit;
permitted lottery means a lottery conducted under and which does not contravene Part V Division 7;
permitted “two‑up” means “two‑up” gaming conducted under, and which does not contravene, Part V Division 4;
player, in relation to a game of chance, includes any person taking part in the game —
(a) against whom other persons taking part in the game play or conduct gaming; or
(b) who plays or conducts gaming against the house;
playing includes operating —
(a) any electrical, electronic or mechanical gaming equipment or other contrivance that is constructed or adapted for use in the game or pretended game; or
(b) any other instrument of gaming;
possession includes having under control in any place whatever, whether for the use or benefit of the person of whom the term is used or of another person, and notwithstanding that another person has the actual possession or custody of the thing in question;
premises means any place, whether or not enclosed or otherwise defined by boundaries, and includes any land, building, structure, vehicle, railway vehicle, vessel, or aircraft, or any part thereof;
public place includes the doorways or entrances abutting upon, or any ground adjoining and open to, such a place;
race means a race of any kind by horses, whether ridden or driven, or by greyhounds;
race club means a body which conducts race meetings;
race meeting means a meeting at which races are held;
related furnishings means any furniture or furnishings or equipment used in, or ancillary to, the conduct of a common gaming house;
RWWA means Racing and Wagering Western Australia established under the RWWA Act;
RWWA Act means the Racing and Wagering Western Australia Act 2003;
simultaneous bingo means bingo played in the circumstances referred to in section 97(1);
social gambling means gambling of a kind which by the operation of Part V Division 2 is to be taken to constitute social gambling;
token means a gaming chip or other substitute for money which —
(a) is approved for the purpose by the person conducting the gaming in relation to which it is used; and
(b) can be exchanged for money or money’s worth or used for playing a game by means of a machine;
trade promotion lottery means a lottery conducted to promote the sale of goods or the use of services, in which every participant takes part —
(a) without cost to him; or
(b) by reason of the purchase of goods or the use of services, the cost of which is —
(i) no more than that cost would be without the opportunity to take part in the lottery; or
(ii) no more than the maximum total cost per entry as is set out in the permit issued under section 104(1);
two‑up means two‑up gaming —
(a) in the form in which it is customarily conducted; or
(b) in any variation or derivative of the form in which it is customarily conducted, and whether involving the use of coins or dice or other instruments of gaming, and whether the coins or dice or other instruments of gaming are thrown up into the air or down to the ground or otherwise manipulated;
unlawful game means a game to which section 42(2) applies;
vehicle includes every description of vehicle, whether stationary or in motion;
vessel includes every description of craft used in navigation;
wagering includes the staking or hazarding of money or other value —
(a) on some question to be decided;
(b) in support of an assertion or on the issue of a forecast; or
(c) on the outcome of an uncertain happening, or in the event of a doubtful issue,
and the collection or payment of winnings on a wager;
winnings includes any prizes or other winnings of any kind.
(2) A reference to the power to amend, in relation to a permit, an approval or a certificate, or to a licence under the Casino Control Act 1984, includes a reference to the power to —
(a) suspend the operation, for a time specified in the notice of amendment or until the happening of an event so specified, of the permit, approval, certificate or licence or of a condition imposed in respect to the permit, approval, certificate, or licence; or
(b) impose conditions or further conditions.
(3) For the purposes of this Act —
(a) any purpose for which a body of persons is established and conducted that is calculated to benefit the body as a whole shall not be held to be a purpose of private gain by reason only that action in the fulfillment of that purpose would result in benefit to any person as an individual; and
(b) any club, society, institution, organisation or association of persons, by whatever name called, and any separate branch or section of such a club, society, institution, organisation or association, shall be taken to constitute a separate body of persons.
(4) For removal of doubt —
(a) section 5(3) of the Betting Control Act 1954 applies in respect of things done under that Act; and
(b) except as specified in paragraph (a) and sections 40A and 64, a reference in this Act to wagering or gambling includes a reference to betting under the Betting Control Act 1954.
[Section 3 amended by No. 16 of 1990 s. 33; No. 14 of 1996 s. 4; No. 24 of 1998 s. 33; No. 6 of 2000 s. 9; No. 35 of 2003 s. 123, 166 and 167.]
Part II — The Commission
Division 1 — Administration
4. The Gaming and Wagering Commission
(1) There shall be a body, to be known as the Gaming and Wagering Commission of Western Australia, established in accordance with this Act.
(2) The Commission —
(a) is a corporate body which under its corporate name —
(i) has perpetual succession; and
(ii) is capable, subject to this Act, of doing and suffering all that bodies corporate may lawfully do or suffer;
(b) may have a common seal, which shall —
(i) be kept in such custody as the Commission directs; and
(ii) be used only as authorised by the Commission;
and
(c) shall be constituted in accordance with section 12.
[Section 4 amended by No. 35 of 2003 s. 124.]
5. Commission symbol
The Commission may use, and operate under, a trading name or symbol approved by the Minister, of which approval notice is published in the Gazette, but the use of such a trading name or symbol does not prevent or affect any proceedings being taken by or against the Commission in its corporate name.
6. The relationship between the Minister and the Commission
(1) Subject to the Minister, it shall be the function of the Commission to carry out the administration of this Act.
(2) The Minister may give to the Commission directions of a general character as to the exercise of its function, and the Commission shall give effect to such a direction, but where such a direction does not accord with recommendations of the Commission the Commission may make its advice to the Minister known to the public.
(3) Where the Minister has referred a question or matter to the Commission for advice, the Minister may act notwithstanding that the advice has not been received, and where advice is received from the Commission the Minister is not bound to act on or give effect to it.
(4) The Commission shall, in so far as that is not inconsistent with this Act, carry out such duties as —
(a) may be required of it by the Minister under or in furtherance of the provisions of this Act or any other Act in relation to gambling; and
(b) are not inconsistent with the Betting Control Act 1954, the RWWA Act, the Lotteries Commission Act 1990 or the Casino Control Act 1984.
[Section 6 amended by No. 16 of 1990 s. 33; No. 35 of 2003 s. 125 and 166.]
Division 2 — Duties and powers
7. Duties
(1) It shall be the duty of the Commission —
(a) to administer the law relating to —
(i) gaming; and
(ii) subject to the Betting Control Act 1954 and the RWWA Act, wagering;
(b) to keep under review —
(i) the conduct, extent and character of that gaming and wagering; and
(ii) the provision, use and location of gaming and wagering facilities;
(ba) to formulate and implement policies for the scrutiny, control and regulation of gaming and wagering, taking into account the requirements and interests of the community as a whole and the need to minimise harm caused by gambling;
(c) to grant, or to withhold or revoke, approval in respect of, and where appropriate to inspect, examine or investigate premises, gaming equipment, operations and persons concerned with gambling in relation to which a permit or certificate is sought;
(d) to administer all matters relating to any casino complex, licensed casino, casino key employee, casino employee or gaming in a casino, pursuant to the Casino Control Act 1984 and any casino complex agreement;
(da) to perform the functions of the Commission prescribed by or under the RWWA Act and to administer all matters relating to those functions;
(e) to cause licences, permits, approvals, authorisations and certificates, as appropriate, to be issued in relation to —
(i) persons;
(ii) premises;
(iii) casinos;
(iv) facilities;
(v) gaming and other equipment;
(vi) gambling operations;
(ea) to administer a scheme for the collection and verification of the payments of bookmakers’ betting levy —
(i) to be remitted under section 15(5)(b) of the Betting Control Act 1954; or
(ii) deliverable under section 16(3)(c) of the Betting Control Act 1954,
together with any additional levy payable under section 18B of that Act, and subject to section 110A of this Act, to cause to be paid into the Consolidated Account all such moneys as are received by the Commission;
(f) to advise the Minister, either of its own motion or upon the request of the Minister, as to any matter relating to gambling;
(g) to make recommendations to the Minister in relation to the control or supervision of particular kinds of gambling, or gambling in particular circumstances, and as to the making of regulations relating to gambling and the fees and charges to be prescribed;
(h) to enforce, and to prosecute persons contravening, the laws relating to gambling; and
(j) to perform such other functions as are prescribed by or under this or any other written law.
(2) In carrying out its duties the Commission shall, in so far as is practicable, ensure that the revenue derived pursuant to this Act, and under any other written law relevant to the duties of the Commission, is sufficient to provide for the operating, administrative and other costs of the Commission.
[Section 7 amended by No. 35 of 2003 s. 126 and 166; No. 77 of 2006 s. 4.]
8. Powers of the Commission
(1) Subject to this Act and the Betting Control Act 1954, the Commission has all such powers as are necessary to carry out its duties.
(2) Without derogating from the generality of subsection (1), the Commission may —
(a) formulate and implement policies for the administration and control of the conduct of gaming and wagering in the State; and
(b) approve, or withhold approval from, persons, premises, facilities, gaming or other equipment, games and wagering and gaming operations, for the purposes of this Act or any other written law in relation to gambling; and
(c) formulate and impose prohibitions or conditions to be applicable to, or in relation to —
(i) the conduct of gambling; and
(ii) the types of wagering which may or may not be conducted; and
(iii) the games which may or may not be played; and
(iv) the rules under which wagering is to be conducted and games are to be played;
(d) grant or issue and amend or revoke —
(i) approvals, permits, certificates and authorisations relating to gambling and the use of premises for gambling; and
(ii) subject to the Betting Control Act 1954, licences under that Act relating to wagering; and
(iii) subject to the Casino Control Act 1984, licences relating to casinos and the employment of persons in casinos; and
(iv) subject to the RWWA Act, licences under that Act relating to directors and key employees;
(da) take steps to minimise harm to the community, or any part of the community, caused by gambling; and
(e) seek, receive, disseminate or publish information relevant to gambling and the incidence of gambling and its effect in the community; and
(f) make prescribed charges and impose prescribed duties and fees.
(3) For the purpose of administering and enforcing the law relating to gambling, and whenever under any written law the Commission is required or authorised to give or withhold approval or to make recommendations on any matter, or anything shall or may be done with or subject to the approval or recommendation of the Commission, the Commission may require such reports to be furnished, and institute and carry out such investigations and inquiries, as the Commission considers to be necessary or expedient.
[Section 8 amended by No. 35 of 2003 s. 127 and 166; No. 8 of 2009 s. 63.]
Division 3 — Finance
9. Funds of Commission
(1) The funds available to the Commission consist of —
(a) moneys from time to time appropriated by Parliament; and
(b) interest accrued under subsection (6) or moneys otherwise lawfully received by, made available to or payable to the Commission.
(2) An account called the Gaming and Wagering Commission Account is to be established —
(a) as an agency special purpose account under section 16 of the Financial Management Act 2006; or
(b) with the approval of the Treasurer, at a bank as defined in section 3 of that Act,
to which, subject to subsection (2a), the moneys received by the Commission are to be credited.
(2a) The credit of moneys under subsection (2) is subject to the payment —
(a) into the Consolidated Account in accordance with the scheme referred to in section 7(1)(ea); or
(b) under section 110A(5),
of any amount received by the Commission in respect of bookmakers’ betting levy.
(3) The Gaming and Wagering Commission Account shall —
(a) be controlled by the Commission;
(b) be operated in such manner as the Treasurer approves from time to time; and
(c) subject to subsection (4)(a) and (c) and section 110A(5), be applied only for the purposes of the Casino Control Act 1984, the Betting Control Act 1954 and this Act,
and all expenditure incurred by the Commission shall be drawn from that Account.
(4) There shall be paid from the moneys from time to time credited to or placed to the credit of the Account —
(a) the cost of administering this Act, and any other written law relating to gambling in so far as it is administered by the Commission;
(b) any other expenditure lawfully incurred for a purpose determined by the Commission and approved by the Minister; and
(c) any surplus moneys required by the Treasurer with the agreement of the Minister to be credited to the Consolidated Account.
(5) The Commission shall pay to the Treasurer such amounts, if any, as are fixed by the Treasurer —
(a) as the interest and sinking fund contributions for each financial year in respect of such proportion of the Consolidated Account as is, or has been, applied for any purpose to which the function of the Commission relates; and
(b) for the use by the Commission of government buildings or other government property, or for services rendered or facilities provided by any officer of the Public Service, the Police Force, or an instrumentality or agency of the Government,
and such amounts shall be taken to be costs incurred in the administration of this Act.
(6) The Commission may, subject to the approval of the Treasurer, temporarily invest moneys standing to the credit of the Account until those moneys are required for the purposes of the Commission.
[Section 9 amended by No. 6 of 1993 s. 11 and 15; No. 49 of 1996 s. 55 and 64; No. 24 of 1998 s. 34(1) and (2); No. 35 of 2003 s. 128 and 166; No. 28 of 2006 s. 402; No. 77 of 2006 s. 4 and 17.]
10. Application of
The provisions of the Financial Management Act 2006 and the Auditor General Act 2006 regulating the financial administration, audit and reporting of statutory authorities apply to and in respect of the Commission and its operations.
[Section 109 amended by No. 77 of 2006 s. 17.]
11. Dealings by Commission subject to approval of the Treasurer
(1) Subject to the approval of the Treasurer, the Commission may acquire, hold and dispose of real and personal property, borrow moneys, and give security for financial accommodation.
(2) The Treasurer may delegate his power of approval under subsection (1) to the Under Treasurer of the State or to any other officer of the Treasury, and that approval may then be given by the delegate in general terms as regards particular types of transaction authorised by the instrument of delegation.
Division 4 — Membership, co‑option, consultation and committees
12. Membership of the Commission
(1) The membership of the Commission shall comprise —
(a) the chief executive officer of the Department, who shall be ex officio chairperson of the Commission; and
(b) not less than 5, nor more than 7, members appointed by the Minister,
and the Minister shall cause notice of the appointments to be published in the Gazette.
(2) Members appointed under subsection (1)(b) shall be persons who, in the opinion of the Minister, are persons of integrity, good repute and relevant experience.
(3) A quorum of the Commission shall be constituted by 4 members, unless in relation to any particular matter the Minister directs that all the members are required to be present at the meeting concerned.
(4) Where the Minister appoints —
(a) a person having appropriate duties in the Department to be the deputy of the chairperson, that person shall in the absence or incapacity of the chairperson act as chairperson of the Commission; or
[(b) deleted]
(c) persons of repute, experience and integrity to be the respective deputies of members holding office under subsection (1)(b), those persons shall be such deputies,
and, on the Minister causing notice of the respective appointments to be published in the Gazette, the person appointed under this subsection is entitled to attend any meeting of the Commission at which the member to whom that person is the deputy is not present and, when so attending, has all the powers and duties of that member.
(5) In the absence or incapacity of the chairperson, and of any deputy of the chairperson, the members of the Commission present at a meeting shall select one of their number to preside, and the person so selected has and may exercise all the powers of the chairperson whilst so presiding.
(6) Subject to this Act, a member other than the ex officio member shall hold office for such period not exceeding 3 years as is specified in the instrument of appointment, but is eligible for re‑appointment.
(7) If at any time an appointed member ceases to hold office, a person who is at that time the deputy of that member shall until —
(a) the vacancy in the office of that member is filled by the appointment of another member; or
(b) where the vacancy is not filled, the expiration of the period of the appointment of that member or of 3 months from the date of that member so ceasing to hold office, whichever is the lesser time,
be entitled to attend any meeting of the Commission and, when so attending, has all the powers and duties of a member.
(8) Where —
(a) both a member and the deputy of that member are absent or temporarily incapable of fulfilling the duties of a member; or
(b) the office of a member is vacant and is not filled in accordance with this Act, and no deputy is acting for that member pursuant to subsection (7),
the Minister may appoint a person to act in the place of that member during that absence or incapacity, or until the vacancy is filled, as the case requires, and any person so appointed has, while that appointment subsists, all the functions, powers and duties of a member.
(9) Unless the context otherwise requires, any reference in this Act to a member shall be construed as including a reference to —
(a) a deputy acting in the office of that member;
(b) a person appointed by the Minister pursuant to subsection (8) to act in the place of that member while the appointment subsists.
(10) If at any time in respect of the office referred to in subsection (1) there is not an office of that name the Governor may by notice in the Gazette designate an office as the office to be substituted for the former office referred to in that subsection and specified in that notice, and the person holding or acting in the substituted office for the time being shall thereby be constituted a member of the Commission.
(11) If a member of the Commission —
(a) is an incapable person within the meaning of section 5 of the Mental Health Act 1962 2;
(b) is a person who is an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth;
(c) is absent, without the permission of the Commission, from 3 consecutive meetings of the Commission of which he has been given notice; or
(d) being an appointed member, is removed from office by the Minister for disability, inefficiency or misconduct,
the office of that person becomes vacant and the person shall not thereafter be eligible for re‑appointment.
(12) An appointed member may resign office by a written notice given under the hand of that person and addressed to, and received by, the Minister, but a member whose term of office expires or who resigns from office is eligible for re‑appointment.
(13) A person who is or has been a member is not personally liable for any act done or omitted to be done in good faith by the Commission or by that person in acting as a member.
[Section 12 amended by No. 16 of 1990 s. 33; No. 24 of 1998 s. 35; No. 10 of 2001 s. 85; No. 35 of 2003 s. 129 and 168.]
13. Remuneration, and service with the Commission
(1) A member of the Commission, a person appointed a member of a committee of the Commission, or a person co‑opted to the Commission may be paid such remuneration and allowances as the Minister, on the recommendation of the Minister for Public Sector Management, determines.
(2) If a person who would be eligible to receive remuneration or allowances under this Act is or becomes a member of, or a candidate for election to, the Parliament of the State or of another State or of a Territory or of the Commonwealth, the person shall not be paid remuneration or allowances under this section but shall, subject to the approval of the Minister, be reimbursed such expenses as the person reasonably incurs by reason of attendance at meetings or of undertaking, with the approval of the Commission, business on behalf of the Commission.
(3) Acceptance of or acting in the office of member of the Commission by any person does not of itself render the provisions of Part 3 of the Public Sector Management Act 1994, or any other Act applying to persons as officers of the Public Service of the State, applicable to that person, or affect or prejudice the application to that person of those provisions if they applied to the person at the time of the acceptance of or acting in that office.
(4) Where the services of any person are for the time being utilized by the Commission under the provisions of this Act, that utilization does not prejudice the existing or accruing rights of that person under the Public Sector Management Act 1994 or under any other Act, and service rendered on behalf of the Commission pursuant to this Act shall be regarded as not constituting a break in the service in which the person would otherwise have been employed.
[Section 13 amended by No. 32 of 1994 s. 19; No. 24 of 1998 s. 36.]
14. Co‑option and consultation
(1) Subject to the Minister, the Commission may for the purpose of any meeting or matter co‑opt any person having specialized knowledge or experience relevant to the purposes of this Act, but a person so co‑opted is not entitled to a vote.
(2) The Commission has power to invite or engage any body or person to act in an advisory capacity to the Commission in relation to any or all aspects of the functions of the Commission.
(3) The Commission may, on matters relevant to the purposes of this Act, consult and collaborate with any government department, authority, instrumentality or agency in the State or elsewhere or with any other body which has interests relevant to those of the Commission.
15. Committees
(1) The Commission may, from time to time, appoint a committee or committees to investigate and advise the Commission on any aspect of its functions under this or any other written law or, subject to section 16, to carry out such of the duties or exercise such of the powers of the Commission under this or any other written law as the Commission may determine.
(2) The carrying out of any duty or the exercise of any power by a committee of the Commission does not relieve the Commission of the responsibility for the decisions of that committee.
(3) A committee may consist of such persons as the Commission determines, whether members of the Commission or persons who are not such members, but so that in every case not less than one member of the Commission shall be a member of the committee.
(4) Each committee appointed by the Commission shall report to the Commission on its activities at such times as the Commission directs.
[Section 15 amended by No. 35 of 2003 s. 130.]
16. Delegation
(1) Where the Commission considers that any power of the Commission under this or any other written law should be exercised on its behalf by a person or body other than the Commission, the Commission may, by resolution, delegate all or any of its powers or duties, except this power of delegation, to —
(a) a member or a committee of the Commission;
(b) the Chief Casino Officer, or a government inspector; or
(c) in accordance with section 59(1)(d) of the Interpretation Act 1984, as may be specified in the instrument of delegation,
either generally or as otherwise provided by the instrument of delegation.
(2) A power delegated by the Commission shall be exercised by the delegate in accordance with the instrument of delegation, and when so exercised shall be deemed to have been exercised by the Commission and shall be presumed, unless the contrary is established, to have been exercised by a person duly authorised by a delegation under this section.
(3) A document purporting to be signed by a person as a delegate of the Commission shall be deemed, unless the contrary is established, to have been signed by such a delegate and to have been so signed pursuant to the exercise of a power duly delegated to the person by the Commission.
(4) In this section —
government inspector and the Chief Casino Officer have the meanings given in the Casino Control Act 1984.
[Section 16 amended by No. 24 of 1998 s. 37; No. 35 of 2003 s. 131.]
Division 5 — Proceedings
17. Proceedings
(1) Subject to this Act the proceedings of the Commission may be regulated in such manner as the members think fit.
(2) A meeting of the Commission may be convened by the Minister or by the chairperson, and where 2 or more members give notice in writing to the chairperson requiring him to convene a meeting in relation to any matter the chairperson shall at their request convene a meeting of the Commission to be held within 21 days thereafter to deal with that matter.
(3) The Minister shall convene the first meeting of the Commission as soon as practicable after the coming into operation of this section, and thereafter the Commission shall hold meetings at such times and places as the Commission determines.
(4) Unless in relation to any particular matter the Minister directs that a unanimous resolution is required, a question arising at a meeting of the Commission shall be decided by a majority of the votes of the members present and voting, but if the votes cast on a question are equally divided the member presiding at the meeting shall have a casting vote in addition to a deliberative vote.
(5) A member who has a direct or indirect pecuniary interest in a matter referred to the Commission —
(a) shall, as soon as is practicable after becoming aware of the existence or relevance of the interest, disclose the fact that he has the interest to the person presiding at the next meeting of the Commission; and
(b) may participate in the discussions of the Commission in relation to the matter but shall not vote thereon, unless the interest that the person has is, or in the context of the vote is, determined by the person presiding at the meeting where the vote is to be taken to be an interest that could not reasonably be regarded as likely to have an influence on the exercise of the vote and the person so presiding indicates that such a vote may be exercised,
and particulars of any such determination shall be recorded in the record of the proceedings.
(6) In all cases of dispute, doubt or difficulty respecting or arising out of matters of procedure or order, or as to the determination of a pecuniary interest of a member, the decision of the member presiding is final.
(7) A record of the proceedings of every meeting shall be kept in such manner as the Commission may determine, and shall be corrected as necessary and certified by the member presiding at that or the next succeeding meeting.
[Section 17 amended by No. 35 of 2003 s. 168.]
Division 6 — Staff, etc.
18. Staff etc.
(1) The Commission may by arrangement with the relevant employing authority make use, either full‑time or part‑time, of the services of any officer or employee —
(a) in the Public Service;
(b) in a State agency or instrumentality; or
(c) otherwise in the service of the Crown in right of the State.
(1a) The Commission may by arrangement with —
(a) a department of the Public Service; or
(b) a State agency or instrumentality,
make use of any facilities of the department, agency or instrumentality.
(2) An arrangement under subsection (1) or (1a) is to be made on such terms as are agreed to by the parties.
(2a) In subsections (1) and (1a) —
employing authority, Public Service and other expressions used in the Public Sector Management Act 1994 have the same meanings as they have in that Act.
(3) The Commission may engage, under contract for services, such consultants as may be necessary to enable the Commission to carry out effectively its functions under this Act, the RWWA Act and the Betting Control Act 1954, and may enter into arrangements with statutory authorities, educational establishments, or other bodies or persons, whether in the State or elsewhere, with respect to the conduct of any research, study, inquiry or investigation or to any professional, technical or other assistance that may be necessary or expedient for the purposes of this Act, the RWWA Act or the Betting Control Act 1954.
(4) On the request of the Commission the Commissioner of Police may cause inquiry or investigations to be made as to —
(a) any testimonial, books or other information supplied by or on behalf of a person who is the holder of, or an applicant for, any permit, approval or certificate under this Act or any licence or other authorisation conferred pursuant to the Betting Control Act 1954, the RWWA Act or any other written law that relates to gambling;
(b) the character or reputation of any such person, including as to whether or not, and the extent to which, that person acts or is reputed to be accustomed to act in accordance with the directions or interests of any other person;
(c) the suitability of such a person to conduct or be concerned in the conduct of permitted gaming, and where the case requires as to the suitability of any individual appointed as a nominee on behalf of such a person, or of a person for whom another acts as nominee;
(ca) the suitability of —
(i) such a person to conduct, or to be concerned in the conduct of, wagering under the Betting Control Act 1954 or the RWWA Act;
(ii) any individual appointed on behalf of such a person, whether as a nominee or otherwise; or
(iii) a person for whom another acts, whether as a nominee or otherwise;
(cb) the character, reputation, and antecedents of any person who occupies or seeks to occupy a position of authority in a body corporate or is or wishes to become a member of a partnership that is the holder of, or an applicant for, a bookmaker’s licence under the Betting Control Act 1954, and of any associate or suspected associate of that person, including as to whether or not, and the extent to which, that person acts or is reputed to be accustomed to act in accordance with the directions or interests of any other person;
(d) any premises, facilities, gaming or other equipment, instruments of gaming, machine, accounting procedures, advertising or inducements, used or suspected of being used in connection with gambling or suspected gambling, or intended to be so used;
(e) any matter concerning a licensed casino;
(f) the conduct or suspected conduct of any gambling, or suspected gambling; and
(g) allegations, representations or objections made in respect of any such matters,
and shall report thereon to the Commission, and if the Commission so requests to a court.
[Section 18 amended by No. 32 of 1994 s. 19; No. 24 of 1998 s. 38; No. 35 of 2003 s. 132 and 166.]
19. Co‑operation by statutory bodies
(1) All departments of the Public Service of the State and all instrumentalities or agencies of the Government established or administered pursuant to any Act (including any local government) shall, and are hereby authorised to, give to the Commission such assistance in the carrying out of its functions as is reasonably practical, and shall comply with all reasonable requests for information made by the Commission, but this provision shall not be taken as exempting the Commission from any requirement as to the payment of fees or charges.
(2) The Minister of the Crown having responsibility for any such department, instrumentality or agency may, on the request of the Commission, direct that body to provide assistance to the Commission, and any such direction may require that the services (whether administrative, technical or otherwise) of any person employed or engaged by that department, instrumentality or agency, or any facilities, shall be made available for the purposes of this Act and the Betting Control Act 1954.
[Section 19 amended by No. 32 of 1994 s. 19; No. 14 of 1996 s. 4; No. 35 of 2003 s. 133.]
20. Reports, secrecy etc.
(1) Where any report is required pursuant to this Act that report shall be given due consideration, but the Commission, or any magistrate, shall not be bound to give effect to any recommendation therein contained.
(2) The contents of any report made to the Commission by a committee of the Commission, an authorised officer, a member of the Police Force or any other person required under this Act to furnish such a report are absolutely privileged —
(a) from production; and
(b) in relation to any proceedings for defamation in any court of law,
unless the Commission or a Judge otherwise directs.
(3) A person shall not, either directly or indirectly, except in the performance of a function or duty under or in connection with this Act, the RWWA Act or the Betting Control Act 1954 —
(a) make a record of, or divulge or communicate to any other person, any information concerning the affairs of another person acquired by him by reason of his office, employment or engagement under or for the purposes of this Act or any other written law relating to gambling; or
(b) produce to any person any report, books or other thing relating to the affairs of another person furnished for the purposes of this Act or any other written law relating to gambling.
Penalty: $2 500.
[Section 20 amended by No. 35 of 2003 s. 134 and 166; No. 50 of 2003 s. 66(2).]
Division 7 — Confidential police information
[Heading inserted by No. 73 of 2006 s. 113.]
20A. Confidential police information
(1) In this section —
confidential police information means any information or document classified as confidential under subsection (2);
relevant Act means this Act, the Betting Control Act 1954¸ the RWWA Act or the Casino Control Act 1984.
(2) For the purposes of this section, the Commissioner of Police may classify as confidential any information or document that is —
(a) provided by the Commissioner of Police to the Commission as a report, or part of a report, under section 18(4); or
(b) otherwise provided by the Commissioner of Police to the Commission for the purposes of a relevant Act.
(3) Despite any provision of a relevant Act, any information or document provided by the Commissioner of Police to the Commission for the purposes of a relevant Act must not be published or disclosed by the Commission to any person (except to the Minister, the Parliamentary Commissioner for Administrative Investigations appointed under section 5 of the Parliamentary Commissioner Act 1971, the Corruption and Crime Commission established under the Corruption and Crime Commission Act 2003, the Parliamentary Inspector of the Corruption and Crime Commission appointed under the Corruption and Crime Commission Act 2003, a court or a person to whom the Commissioner of Police authorises its disclosure) if the information or document is classified as confidential police information.
(4) If —
(a) the Commission —
(i) refuses to grant or issue or renew; or
(ii) amends, suspends, cancels or revokes,
any permit, approval, certificate, licence or authorisation under a relevant Act; and
(b) the decision to do so is made solely or partly on the basis of confidential police information provided to the Commission,
the Commission is not required to give any reasons for the decision other than that the decision is made in the public interest.
(5) In any proceedings (other than proceedings for an offence) before a court under a relevant Act, the court —
(a) must, on the application of the Commissioner of Police, take all reasonable steps to maintain the confidentiality of confidential police information, including steps —
(i) to receive evidence and hear argument about confidential police information in private and in the absence of any party to the proceedings other than the Commission or the Commissioner of Police or their representatives; and
(ii) to prohibit the publication of evidence about confidential police information;
and
(b) may take evidence consisting of or relating to confidential police information by way of an affidavit of a member of the Police Force of or above the rank of Superintendent.
(6) The Commissioner of Police must not delegate the function of classifying information or documents as confidential police information except to a Deputy Commissioner of Police or an Assistant Commissioner of Police.
[Section 20A inserted by No. 73 of 2006 s. 113.]
Part III — Enforcement
21. Authorised officers
(1) The Commission shall appoint, from amongst persons to whom section 18 applies, such persons as may be necessary to carry out the duties of an authorised officer under this Act and the Betting Control Act 1954 and shall furnish any such officer with a certificate evidencing the appointment.
(2) The Commission may, by arrangement with a local government, delegate to any duly appointed employee of that local government such of the duties imposed and powers of examination and report conferred on an authorised officer by this section as the Commission may determine.
(3) It is the duty of an authorised officer to examine and report on any matter that, in his opinion, affects the administration of this Act or the Betting Control Act 1954 or upon which the Commission may require him to report and, in particular —
(a) to report to the Commission on the conduct, nature, extent and standard of any gaming, and as to the facilities provided, at approved premises and elsewhere;
(b) to report to the Commission on the nature and extent of any premises in respect of which approval is sought, or the change in use of any part or parts of any existing approved premises;
(c) to examine and report on any permitted gaming or proposed permitted gaming as he thinks fit or as may be required by the Commission; and
(d) otherwise, to assist and advise the Commission whenever so required by the Commission.
(4) Where an authorised officer makes a report with respect to any particular premises, but not in so far as the report relates to the nature, extent or standard of gaming conducted, the Commission —
(a) shall, where the Commission is not satisfied as to any matter in respect of the premises, on request cause a copy to be sent to the owner of the premises or his agent (if known) or, where the owner is not the permit holder or proposed permit holder, to the permit holder or proposed permit holder or his agent, as the case may require; and
(b) shall make such part of the report as the Commission thinks appropriate available for inspection, on request, by the local government or by a person who has made submissions to the Commission or the Minister in respect of those premises or a permit relating to those premises.
[Section 21 amended by No. 14 of 1996 s. 4; No. 35 of 2003 s. 135.]
22. Supervision of permitted gaming
(1) An authorised officer or a member of the Police Force is entitled —
(a) to demand entrance to, and enter, inspect and remain on, any premises when permitted gaming or social gambling is, or purports to be, being conducted at those premises under this Act; and
(b) to examine at such time and from time to time all gaming equipment, instruments of gaming, books, and things relating, or suspected by him of relating, thereto and to scrutinize and inquire into the conduct of the gambling.
(2) An authorised officer may, on production of the certificate furnished to him under section 21(1), or, if the authorised officer is not appointed under that provision, any other evidence of office that is reasonable in the circumstances, at any reasonable time demand entrance to, enter and inspect —
(a) approved premises; or
(b) subject to the consent of the occupier, any premises in relation to which the approval of the Commission is sought.
(3) A person carrying out an inspection, scrutiny or inquiry under this section may take with him a surveyor, auditor or other competent person to assist him.
(4) Where admittance to any premises the power to enter which is conferred by this section is refused or delayed for such time as reasonably to lead to the inference that wilful delay was intended, the person refusing admittance or occasioning the delay shall be deemed to have attempted to prevent entry.
(5) Every person who prevents or attempts to prevent an authorised officer or member of the Police Force, or a person to whom subsection (3) applies, from entering and scrutinizing or inquiring into the conduct of any gambling or in examining the premises, or obstructs them or any of them in the discharge of his duties, commits an offence.
Penalty: $5 000, or imprisonment for 1 year, or both.
[Section 22 amended by No. 24 of 1998 s. 39; No. 35 of 2003 s. 136 and 166.]
23. Police powers not affected
Nothing in this Act shall be read or construed as limiting any power or authority conferred on a member of the Police Force by any other Act or law.
24. Powers of police
The Commissioner of Police shall issue all such orders, and give all such directions, to members of the Police Force as may, in his opinion, be necessary or expedient to —
(a) prevent gambling contravening the provisions of this Act or any other Act or law;
(b) ensure the proper and lawful exercise of any permit issued under this Act or any licence issued by the Commission under any other Act;
(c) secure the lawful and orderly conduct of approved premises and permitted gaming and ensure the good behaviour of persons present on those premises or participating in or present at permitted gaming; and
(d) whether in accordance with any request made under section 18(4) or otherwise, provide for the making of such reports to, and the bringing of such applications, complaints and objections before, the Commission as may be necessary or expedient for the proper administration of this Act.
[Section 24 amended by No. 35 of 2003 s. 166.]
25. Entry, search and seizure, by warrant
(1) Where a justice is satisfied, upon an application supported by evidence on oath, that there is reason to suspect that —
(a) any premises are, have been or are about to be opened, kept or used as a common gaming house;
(b) unlawful gaming is, has been or is about to be conducted at any premises; or
(c) an offence is, or is likely to be, committed under this Act at any premises in relation to any gambling conducted or purported to be conducted under the authority of a permit,
he may, by warrant in the prescribed form stating the proposed purpose, empower any authorised officer or member of the Police Force to enter, with such other persons as may be necessary to assist, upon those premises using such force as may be necessary and any such warrant continues to have effect until the purpose for which it was granted is satisfied.
(2) A warrant under subsection (1) authorises the holder and such other persons as are necessary to assist —
(a) to arrest any person found on the premises to which the warrant relates;
(b) to seize all gaming equipment, instruments of gaming and related furnishings and any books, money or other thing which there are reasonable grounds for believing may be required as evidence for the purposes of proceedings in respect of the premises or of any gambling or of the playing of an unlawful game; and
(c) to search —
(i) the premises; and
(ii) all persons found at or in the immediate vicinity of the premises and suspected of being concerned in an offence under this Act.
[Section 25 amended by No. 35 of 2003 s. 166; No. 84 of 2004 s. 80.]
26. Power to obtain evidence etc.
(1) The Commission, an authorised officer or a member of the Police Force may for the purposes of this Act —
(a) seize and detain, or make extracts from or copies of, any books or other material evidence found during the course of the exercise of a power conferred by this Act; and
(b) require a person found in any premises entered, or in the immediate vicinity of those premises and suspected of having at a material time been in the premises, to —
(i) answer any question put to him or to give or cause to be given any information, in so far as he appears to be in a position to provide material information; or
(ii) to produce or cause to be produced, for inspection, any books or other material evidence in his possession or apparent control,
to the extent that the person is capable of complying with the requirement.
(1a) Where the Commission, an authorised officer or a member of the Police Force believes on reasonable grounds that any answer given or any information or evidence given or produced, or caused to be given or produced, by a person under subsection (1)(b) is false, the Commission, authorised officer or member may require the person to verify the answer, information or evidence by statutory declaration or in any other manner that is reasonable in the circumstances.
(2) In subsection (1), material evidence means evidence which in the opinion of the person exercising the power is likely to be relevant to the investigation of a suspected offence under this Act or to the function of the Commission.
[Section 26 amended by No. 24 of 1998 s. 40.]
27. Power of Commission to require information and accounts, and production of books etc.
(1) Where the Commission believes that a person is capable of giving information or producing books or other evidence material to a matter that is in the opinion of the Commission likely to be relevant to the investigation of any suspected offence under this Act or any other written law relating to gambling, or otherwise to the functions of the Commission or the Minister, the Commission, by notice in writing served on that person, may require that person —
(a) to give the information or produce the books or other evidence to the Commission, or to a person specified in the notice acting on behalf of the Commission, within the time and in the manner specified in the notice; or
(b) to cause the same to be so given or produced.
(2) Without limiting the generality of subsection (1), the power of the Commission under that subsection includes the power —
(a) to require any corporation within the meaning of the Corporations Act 2001 of the Commonwealth or any other body of persons, corporate or unincorporate, to give particulars of the names and addresses of persons who are the holders of shares or other interests in that corporation or other body;
(b) to require a person who is registered or otherwise recorded as the holder of shares or other interests in that corporation or other body to give to the Commission all relevant information, or such information as the Commission may specify, in the possession or control of the person in relation to the beneficial ownership of those shares or that interest, or any right attaching to those shares or that interest, or in relation to any trust, agreement, arrangement, understanding or practice, affecting those shares or that interest or any right attaching to those shares or that interest;
(c) to require that the information be verified by statutory declaration signed by a person or the holder of an office specified by the Commission, or by a competent officer of the corporation or other body; and
(d) to require a person from whom the Commission may seek information to afford to the Commission such facilities in matters relating to that information as may be necessary to enable the information to be interpreted or collated or as the Commission may from time to time specify.
(3) In connection with any pending application for a permit the Commission may at any time require accounts to be furnished by —
(a) the organiser or manager of any permitted gaming; or
(b) any promoter, secretary, treasurer, or any one of the committee of any body of persons by or on whose behalf any gaming was or is to be conducted,
in relation to the gaming generally conducted by or on behalf of that person previously, or such aspects as the Commission may specify, and may in connection with the accounts require the production to the Commission of all books and things relating to the gaming, where no report pursuant to section 57 was required to be furnished.
[Section 27 amended by No. 24 of 1998 s. 41; No. 10 of 2001 s. 86; No. 35 of 2003 s. 166 and 167.]
28. Recovery of moneys
(1) An amount that is payable by a person to the Commission under this Act but is not paid may be recovered from that person as a debt due to the Commission in any court of competent jurisdiction.
(2) Where an amount is payable to the Commission by any person, but by reason of his failure to keep or to produce or furnish to the Commission or other proper person the report, return, records or other books or things required under this Act, or to take or permit to be taken any other step which he is so required to take or permit to be taken, or by reason of the report, return, records or other books or things kept, produced or furnished being materially incomplete or inaccurate, the Commission is unable to ascertain the amount properly payable by him, the Commission may estimate the amount payable and (without prejudice to the recovery of the full amount payable or to the making of a further estimate under this subsection) the amount estimated shall be recoverable as an amount properly payable and not paid unless in any action relating thereto the person liable proves the amount properly payable and that amount is less than the amount estimated.
(3) For the purpose of any action in a court of competent jurisdiction to recover an amount payable to the Commission under this Act as a debt due to the Crown a certificate signed by a member of the Commission stating the circumstances and provision under which the amount became payable and certifying the amount alleged or, where subsection (2) applies, estimated to be payable by a person and that the amount has not been paid is evidence that the amount so specified is payable to the Commission in accordance with this Act and has not been paid.
29. Offences relating to obstruction, failure to answer etc. and misleading information
(1) A person —
(a) who without lawful excuse —
(i) hinders the Commission, an authorised officer or other officer of the Commission acting in the course of the duties of that officer, a member of the Police Force, or an auditor appointed under this Act in relation to any gambling, in the exercise or purported exercise of a power conferred by this Act or any other written law relating to gambling; or
(ii) refuses or fails to comply with a requirement of the Commission, such an authorised officer or other officer of the Commission, or a member of the Police Force, or such an auditor, lawfully made under this Act or such a written law;
or
(b) who knowingly or recklessly —
(i) for the purpose of obtaining a benefit for himself or any other person, in or in relation to any application made in respect of an approval, permit or certificate under this Act or in respect of any licence or other matter under any other written law relating to gambling, or its renewal or re‑instatement;
(ii) in relation to any report, books or other thing furnished or required to be furnished; or
(iii) in purported compliance with a requirement made under this Act or such a written law,
makes any statement, that is false or misleading or which makes any material omission, or furnishes or causes to be furnished any report, book or other thing that is false or is misleading in a material particular, or which makes any material omission,
commits an offence.
Penalty: $5 000, or imprisonment for 1 year, or both.
(2) Where in relation to any gambling an independent auditor is appointed by the Commission or an authorised officer or member of the Police Force is assisted by an auditor under section 22, a person who —
(a) being a person conducting or associated in any manner with the gambling, fails to answer truthfully to the best of his knowledge, information and belief, any question asked of him by the auditor, or fails to disclose to the auditor all books and things which may be in his possession or control relating to the gambling; or
(b) being such an auditor, is guilty of any neglect or breach of duty under this Act,
commits an offence.
Penalty: $5 000, or imprisonment for 1 year, or both.
[Section 29 amended by No. 35 of 2003 s. 166.]
30. Incriminating evidence
A person is not excused from giving information or producing books or any other thing when required to do so under this Act or under any other written law relating to gambling on the ground that the information, books or other thing might tend to incriminate him, but his answer to any question asked, his giving of any other information, the production by him of any books or other thing or his compliance with the requirement in any other respect is not admissible in evidence against him in any criminal proceedings, other than proceedings under this Act or that other written law.
[Section 30 amended by No. 35 of 2003 s. 166.]
31. Seizure without warrant
Any authorised officer or member of the Police Force may seize any gaming equipment, instrument of gaming, books, money or other thing which he has reasonable cause to believe may be required as evidence for the purpose of proceedings in respect of an offence under this Act or any other written law relating to gambling or which appears to him to contravene a condition of any approval, permit or certificate under this Act.
[Section 31 amended by No. 35 of 2003 s. 166; No. 59 of 2006 s. 48.]
31A. Powers to assist seizing things
Sections 146 to 150 of the Criminal Investigation Act 2006 apply to and in respect of seizing a thing that is or may be seized under this Act or the Betting Control Act 1954.
[Section 31A inserted by No. 59 of 2006 s. 49.]
32. Forfeiture
[(1) deleted]
(2) Where any thing is seized under this Act in relation to an offence of a kind that is prescribed for the purposes of this subsection, the court by or before which a person is convicted of an offence to which that thing relates shall order any such thing to be forfeited to the Crown.
[Section 32 amended by No. 24 of 1998 s. 42; No. 70 of 2004 s. 82; No. 59 of 2006 s. 50.]
32A. Disposing of seized or forfeited things
(1) In this section —
seized thing means any thing that is seized under this Act or the Betting Control Act 1954.
(2) The Criminal and Found Property Disposal Act 2006 applies to and in respect of any seized thing and any thing that is forfeited to the Crown under this Act or the Betting Control Act 1954.
(3) For the purposes of the Criminal and Found Property Disposal Act 2006 —
(a) the Commission is a prescribed agency;
(b) the chief executive officer of the Department is the chief officer of the Commission.
[Section 32A inserted by No. 59 of 2006 s. 51.]
33. Prosecution of offenders
(1) An offence under this Act, the Betting Control Act 1954 or any other written law relating to gambling may be prosecuted at any time.
(2) The conviction or acquittal of a person on a charge of an offence under this Act, the Betting Control Act 1954 or any other written law relating to gambling shall not prevent a further prosecution and conviction in respect of a continuation of that offence after the date on which he was convicted or acquitted.
(3) Proceedings for an offence under this Act or the Betting Control Act 1954 may be instituted by a member of the Police Force or by a person authorised in writing by the Commission to institute those proceedings in a particular case.
(4) If proceedings for an offence under this Act or the Betting Control Act 1954 are instituted by a member of the Police Force, the Commissioner of Police shall notify the Commission in writing of —
(a) the name of the person or persons against whom the proceedings have been instituted;
(b) the offence or offences alleged in the proceedings; and
(c) the result of the proceedings.
[Section 33 amended by No. 24 of 1998 s. 43; No. 35 of 2003 s. 137 and 166; No. 84 of 2004 s. 80.]
34. Offences to be dealt with by magistrate
A court of summary jurisdiction dealing with an offence under this Act is to be constituted by a magistrate.
[Section 34 inserted by No. 59 of 2004 s. 141.]
35. General penalty
The penalty for an offence under this Act for which no penalty is specifically provided is a fine of $1 000.
[Section 35 inserted by No. 50 of 2003 s. 66(3).]
36. Infringement notices
(1) Regulations made under this Act may prescribe a modified penalty not exceeding $250 for any offence, or class of offence, if dealt with by way of an infringement notice.
(2) Where an authorised officer or member of the Police Force has reason to believe that a person has committed an offence to which regulations made under subsection (1) apply and, having regard to —
(a) the place where the offence occurs;
(b) the circumstances in which the offence occurs; and
(c) the likelihood of the person involved complying with the requirements of such a notice,
believes that proceedings under this section are adequate he may serve, by personal delivery to the person or by posting to him at his address ascertained from him at or about the time that the offence is believed to have been committed, an infringement notice in the prescribed form informing the person that if he does not wish to be prosecuted for the alleged offence in a court he may pay to a designated office, within a period of 21 days after the service of that notice, the amount of the modified penalty.
(3) The Commission may, by notice published in the Gazette, designate an office or class of office to receive payment of the amounts of modified penalties.
(4) An infringement notice shall inform the alleged offender in general terms of the nature, date and place of the alleged offence and that he has the right to decline to pay the modified penalty and to allow the matter to be determined in a court hearing —
(a) if he desires to contest the question whether the offence alleged was in fact committed; or
(b) if he wishes to submit to the court matters in extenuation of penalty; or
(c) for any other reason,
in which event he need not reply or take further action in respect of the notice, but that in such case a prosecution for the alleged offence may be commenced against him in due course and he may be liable to costs and to the penalty provided for the offence.
(5) Where a person on whom an infringement notice is served pays the modified penalty within the period of 21 days after the service of that notice and the notice is not withdrawn under subsection (7) a proceeding against him by way of prosecution for the offence alleged in the notice shall not be brought but otherwise such a proceeding may be commenced as if the notice had not been given.
(6) A person on whom an infringement notice is served who fails to pay the modified penalty within the period of 21 days after the service of that notice is deemed to have declined to pay.
(7) The Commission may, whether or not the modified penalty concerned has been paid, withdraw an infringement notice at any time within a period of 28 days after it is served by sending to the alleged offender a notice in the prescribed form advising the alleged offender that the infringement notice has been withdrawn.
(8) The amount of any modified penalty paid pursuant to an infringement notice which has been withdrawn under subsection (7) shall be refunded.
[Section 36 amended by No. 84 of 2004 s. 80.]
37. Liability of directors etc.
(1) Where a corporation within the meaning of the Corporations Act 2001 of the Commonwealth or any other body of persons, corporate or unincorporate, is convicted of an offence under this Act or any other written law relating to gambling, each person who, at the time of the commission of that offence, was a director of the corporation or was the manager, secretary or other similar officer of that body, or who purported to act in any such capacity, is liable to be convicted of the offence and is punishable as well as that body unless he proves that that offence was committed without his knowledge or that he took reasonable steps to prevent the commission of that offence.
(2) Where the affairs of a body of persons are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were the manager of that body.
[Section 37 amended by No. 24 of 1998 s. 44; No. 10 of 2001 s. 87; No. 35 of 2003 s. 166.]
38. Service of notices
For the purposes of this Act or any other written law relating to gambling a notice or other document may be given to, or served on —
(a) a corporation within the meaning of the Corporations Act 2001 of the Commonwealth, or a shareholder in such a corporation, by sending the document to the corporation or that shareholder in a manner that is the same as a manner authorised by that Act for the service of documents; or
(b) a body of persons incorporated under the Associations Incorporation Act 1987, by service in a manner authorised for the service of a notice under that Act,
or in any manner authorised by the Interpretation Act 1984.
[Section 38 amended by No. 24 of 1998 s. 45; No. 10 of 2001 s. 88; No. 35 of 2003 s. 139.]
39. Evidence generally
(1) In any proceedings under this Act or for an offence under The Criminal Code —
(a) it shall not be necessary to prove the appointment of the Minister or a member of the Commission, and all courts and persons acting judicially shall take judicial notice of a signature attached or appended to a document purporting to be issued under this Act if the signature purports to be that of a person who at the relevant time is or was the holder of such an office, unless the contrary is proved;
(b) a document signed by a member of the Commission stating that at the time or during the period stated in the document —
(i) a person named in the document was an authorised officer or an inspector of soccer football pools for the purposes of this Act generally or for such of those purposes as are specified in the document; or
(ii) an approval was granted, a permit or certificate was issued, a requirement was made, or a direction or notice was given, or was in force or had effect, or had been amended, or was not in force or was of no effect, in relation to the circumstances specified in the document, or had been served on any person, under this Act,
shall be evidence of the facts stated and, in the absence of evidence to the contrary, conclusive evidence;
(c) a document or writing purporting to be a copy of any approval granted or permit or certificate issued, or of any requirement made or direction or notice given, under this Act shall be evidence of the approval, permit, certificate, requirement, direction or notice of which it purports to be a copy and, in the absence of evidence to the contrary, conclusive evidence;
(d) an averment that —
(i) a person is of a specified age or is under or over a specified age;
(ii) that any premises at which an offence was committed was a place to which an approval, permit or certificate applies or did not apply;
(iii) a specified game is of a kind essentially similar to a game of another specified kind;
(iiia) a specified game is a game that is commonly played in casinos (whether in Australia or elsewhere) or is a variation or derivative of such a game;
(iv) in proceedings against a person in his capacity as the holder of a permit or certificate, that the person is the holder of a specified permit or certificate; or
(v) a person is a person to whom a permit or certificate was not issued,
shall be evidence of the facts stated and, in the absence of evidence to the contrary, conclusive evidence;
(e) where an authorised officer, a member of the Police Force, or a person acting at the request of an authorised officer or member of the Police Force, enters into any gaming or wager and another person is charged with an offence arising out of the gaming or wager, on the hearing of the charge the authorised officer, member of the Police Force or person acting on request —
(i) is deemed not to be an accomplice of the person charged and not to be guilty of an offence; and
(ii) may give evidence,
and his evidence shall be deemed not to be the evidence of an accomplice;
(f) a person may be convicted on the uncorroborated evidence of an accomplice, and shall not be acquitted by reason only that the only evidence is the uncorroborated evidence of an accomplice unless the truth of that evidence is suspect;
(g) an act, admission or statement of an employee or agent of a person charged with an offence is admissible as evidence, whether it is done, made or given in the presence of that person or not;
(h) where an element of an offence is an act or omission on the part of the permit holder a prosecution for such an offence may be commenced against an individual approved and appointed as the nominee permit holder on behalf of a body of persons; and
(j) the authority of a person to accept service of documents under this Act on behalf of another shall be presumed in the absence of evidence to the contrary.
(2) For the purposes of this Act —
(a) in determining whether a game, which is played otherwise than against one or more other players, is a game of chance the possibility that superlative skill can overcome the element of chance shall be disregarded, except for the purposes of section 42(3)(a);
(b) it is immaterial whether a charge or levy is compulsory, customary or voluntary, and any reference to making a charge or charging a levy shall be construed accordingly;
(c) the public shall be deemed to have or be permitted to have access to a place where that place is for the time being open to the public whether or not a charge or levy is made or payment for admittance is required;
(d) the playing of a game of chance or participation in any activity which —
(i) is an authorised game as defined by the Casino Control Act 1984 played in accordance with rules approved under that Act in a licensed casino as so defined;
(ii) is a game of a kind the playing of which is authorised by regulations made pursuant to section 42(3)(c), when played in such circumstances and in accordance with such conditions as are thereby prescribed; or
(iii) is conducted under the Lotteries Commission Act 1990,
does not constitute gambling contrary to the provisions of this Act, except in so far as section 44 or 45 applies; and
(e) a machine shall be taken not to be used for gaming if it is used in premises of a prescribed kind or class and if it is constructed or adapted or used in such a way that —
(i) a person playing it once and successfully receives nothing except an opportunity, afforded by the automatic action of the machine, to play again (once or more often) without paying; or
(ii) where a person plays it once and successfully, that which he receives is determined by the automatic action of the machine and is either a money prize not greater than the amount payable to play the machine once or a token which is, or tokens which in the aggregate are, exchangeable only for such a money prize.
(3) Where on the hearing of a prosecution —
(a) for an offence requiring proof that any premises were kept or used or resorted to for playing any unlawful game or any game of chance, and a person is found to have been so playing; or
(b) relating to —
(i) gambling in;
(ii) opening, keeping or using; or
(iii) being concerned in the conduct of,
premises being a common gaming house, and a person is found to have been gambling there,
it shall be presumed, unless the contrary is proved, that games played at those premises were games played for money.
(4) Where a person is found to have been present at any unlawful game or game of chance it shall be presumed that he was present for the purpose of taking part in the game, unless he proves that he was present neither for that purpose nor for the purpose of —
(a) taking part in the conduct of the game;
(b) operating or using any gaming equipment, instrument of gaming, related furnishings, or any other thing whatsoever used in connection with the game or any wager; or
(c) making or receiving wagers, with respect to the game or otherwise.
(5) Gaming pursuant to a permit shall not be taken to be conducted for the purposes of private gain by reason only that a person concerned in the conduct of the gaming receives reasonable remuneration in respect of his services in that capacity.
[Section 39 amended by No. 16 of 1990 s. 33; No. 24 of 1998 s. 46; No. 35 of 2003 s. 140, 166 and 167; No. 84 of 2004 s. 80.]
40. Evidence relating to common gaming houses
(1) Where a person is charged with an offence in relation to any premises alleged to be a common gaming house —
(a) it shall be presumed that an element of gain or reward was involved, unless the contrary is proved, if it is shown that paragraph (b), or any one or more of the circumstances referred to in paragraph (c), applied;
(b) it shall not be necessary to prove that a number of persons habitually congregated at the premises, if at the time of the alleged offence 8 or more persons were present at those premises;
(c) it shall be sufficient evidence to support the allegation that any premises were, or were opened, kept or used as, a common gaming house if it is proved in relation to any game there played that —
(i) the game is an unlawful game;
(ii) the game involves playing, staking or wagering against a bank, whether the bank is held by one of the players or not;
(iii) the nature of the game is such that the chances in the game are not equally favourable to all players;
(iv) the nature of the game is such that the chances in it lie between the player and some other person, or (if there are 2 or more players) lie wholly or partly between the players and some other person, and those chances are not as favourable to the player or players as they are to that other person;
(v) the gaming was so conducted that the chances therein were not equally favourable to all the players; or
(vi) a charge, in money or money’s worth (apart from any stakes hazarded or wagers placed) was made in respect of the gaming or wagering, or a levy was charged on any of the stakes or wagers or on the winnings of any of the players, whether by way of direct payment, by deduction, or by any other means.
(2) Where a person is convicted of an offence in relation to any premises found to be a common gaming house, any gaming equipment or instruments of gaming and any books, furniture or furnishings found at the premises shall, until the contrary is proved, be deemed to have been used in, or ancillary to, the conduct of the premises as a common gaming house.
(3) Despite any rule of law, premises shall not be taken to be a common gaming house or a common betting house by reason only of the carrying on there of gaming or wagering.
(3a) It shall be a defence for a person charged with an offence under section 41 in relation to gaming or wagering at any premises to show that the gaming or wagering was permitted gaming or social gambling.
(4) Where —
(a) any gaming equipment is, or instruments of gaming are, found at any premises authorised to be entered or about the person of any of those found there;
(b) any door to, or access or passage to or in, any premises so authorised to be entered is found to be fitted or provided with any means or contrivance intended or adapted or used so as to prevent, obstruct, delay or hinder entry by any such authorised person, or for giving information, as to, or an alarm in case of, any such entry;
(c) any premises are found to be fitted or provided with any means or contrivance related to the conduct of unlawful gaming or for removing or concealing any gaming equipment or instruments of gaming; or
(d) any authorised officer or member of the Police Force empowered under this Act to enter any premises is knowingly prevented from, or is wilfully assaulted, resisted, obstructed, delayed or hindered in, entering any premises,
it is admissible as evidence that the premises are used as a common gaming house and any persons found there may, unless the contrary is proved, be presumed to have been present for the purpose of gaming.
[Section 40 amended by No. 35 of 2003 s. 141.]
Part IV — Common gaming houses, unlawful gaming, cheating etc.
40A. Part does not apply to gambling under other written laws
In this Part —
gambling and wagering, except in relation to section 44, do not include gambling under and in accordance with —
(a) the Betting Control Act 1954;
(b) the Lotteries Commission Act 1990;
(c) the RWWA Act; or
(d) the Casino Control Act 1984.
[Section 40A inserted by No. 35 of 2003 s. 142.]
41. Common gaming houses
(1) Premises shall be deemed to be a common gaming house if persons habitually congregate there for the purpose of gambling, or section 40(1)(b) applies, and a person —
(a) for gain or reward provides facilities there for others; or
(b) permits or suffers others,
to use the premises as a place for gambling, other than permitted gaming or social gambling, either with himself or between themselves.
(2) For the purposes of this section, the playing of a game of a kind which is prohibited by section 42(1) shall be deemed to be gaming.
(3) Where any premises are opened, kept or used as a common gaming house —
(a) a person concerned in the conduct of the gambling;
(b) the owner of the premises, unless he proves that he did not know and could not reasonably be expected to have known that gambling would take place at the premises; and
(c) a person other than the owner of the premises who, knowing or having reasonable cause to suspect that gambling, other than permitted gaming or social gambling, would take place at the premises —
(i) allowed the premises to be used for such a purpose; or
(ii) let the premises, or otherwise made the premises available, to any person by whom an offence in connection with the premises or any gambling there has been committed,
commits an offence.
Penalty: $10 000, or imprisonment for 2 years, or both.
(4) For the purposes of subsection (3), any person who —
(a) causes, procures or attempts to procure any other person to commit an offence of a kind referred to in that subsection;
(b) knowingly takes part in procuring the assembly of the players; or
(c) assists in the provision of facilities by —
(i) providing, servicing, operating or using any gaming equipment or instrument of gaming;
(ii) issuing, receiving or recording money, tokens or other consideration used in the gambling or cheques or value given or credit provided in respect of any such money, tokens or consideration in respect of winnings or losses; or
(iii) supervising, controlling or accounting for any gambling,
shall be deemed to have been concerned in the conduct of the gambling.
(5) The court by or before which a person is convicted of an offence under subsection (3) shall order any gaming equipment, instruments of gaming or related furnishings, and any money or other thing which has been seized and which the court is satisfied was found to be on the premises at the time of the offence, not being money or a thing shown to the satisfaction of the court not to relate to the offence, to be forfeited to the Crown.
(6) A person who is present at a common gaming house when any gambling is conducted for the purpose of taking part in that gambling or in other gambling conducted there commits an offence.
Penalty: $500.
(7) In so far as they are inconsistent with this Act, the rules of law relating to common gaming houses and common betting houses are abolished.
(8) Any money or other consideration received by a person referred to in subsection (4) from another person in the circumstances referred to in paragraph (c)(ii) of that subsection is to be taken to have been received on trust by the person for the other person and may be recovered accordingly in a court of competent jurisdiction.
[Section 41 amended by No. 24 of 1998 s. 47; No. 35 of 2003 s. 143 and 166; No. 59 of 2006 s. 52.]
42. Unlawful games
(1) Subject to subsection (3), the conduct of gaming by means of or the playing of —
(a) thimblerig;
(b) two‑up, other than permitted two‑up;
(c) a game of a kind to which section 46(2)(a) refers or the playing of which would contravene the prohibitions referred to in section 46(2)(b), other than at Burswood Casino;
(d) gaming equipment to which section 85 applies; or
(e) unless the play constitutes permitted gaming or social gambling —
(i) any game the conduct or playing of which is declared to be unlawful, or to be unlawful in prescribed circumstances, pursuant to this Act;
(ii) any game that is a variant of, or of a similar nature to, a game of a kind referred to in paragraph (a), (b) or (c) where the chances therein are not equally favourable to all the players; or
(iii) except where subsection (3)(b) applies, any game of chance at any public place to which the public have or are permitted to have access,
is prohibited.
(2) Any game —
(a) of a kind the conduct or playing of which is, subject to subsection (3), prohibited by subsection (1); or
(b) of any kind when played at a common gaming house,
is for the purposes of this Act or any other law deemed to be an unlawful game.
(3) The prohibition declared in subsection (1) shall not have effect in relation to the playing of —
(a) games with prizes being games of chance and skill combined in which skill is the predominant factor where —
(i) the games are played at an agricultural show, a pleasure fair, a fete, or another like event; and
(ii) the opportunity to win prizes at those games is not the only, or the only substantial, inducement to attend the show, fair, fete, or other event;
(b) games of chance not played for winnings in money or money’s worth, played at a public place to which the public have or are permitted to have access;
(c) any other game, otherwise than in a common gaming house, if the game —
(i) is of a kind specified;
(ii) is played in the circumstances specified; and
(iii) is so played as to comply with such conditions (if any) as may be prescribed,
by regulations made for the purposes of this subsection.
(4) Any person who is knowingly concerned in the conduct of an unlawful game commits an offence.
Penalty: $2 500.
(5) A person who plays, or wagers at or in relation to, an unlawful game commits an offence.
Penalty: $500.
[Section 42 amended by No. 35 of 2003 s. 144; No. 50 of 2003 s. 66(4).]
43. Defence of restricted access not available
It shall not be a defence to a charge of an offence under section 41 or 42 to show that access to the premises where the gaming or play took place was in any way or for any reason restricted.
[Section 43 amended by No. 84 of 2004 s. 80.]
43A. Advertising unlawful gambling
(1) In this section —
prohibited advertisement means any form of advertisement that conveys, or is likely to be understood as conveying —
(a) the existence of a common gaming house (as defined in section 41(1));
(b) the existence of a person (in this State or elsewhere) who will, on application, give information or advice with respect to unlawful wagering, to unlawful gaming or to an unlawful lottery; or
(c) the existence of a person (in this State or elsewhere) who will, on application, engage in or conduct unlawful wagering, unlawful gaming or an unlawful lottery;
unlawful gaming means gaming other than —
(a) permitted gaming; and
(b) social gambling;
unlawful wagering means wagering other than social gambling.
(2) A person who broadcasts, prints, publishes or distributes, or has in his or her possession for the purpose of publication or distribution, a prohibited advertisement, commits an offence.
Penalty: $5 000.
(3) A person who broadcasts, prints, publishes or distributes, or has in his or her possession for the purpose of publication or distribution, an advertisement that conveys, or is likely to be understood as conveying, the existence of a person (in this State or elsewhere) other than —
(a) RWWA;
(b) the Lotteries Commission established under the Lotteries Commission Act 1990;
(c) the holder of an approval, authorisation, permit or licence issued under this Act, the Betting Control Act 1954 or the Casino Control Act 1984; or
(d) any other person or class of person prescribed by the regulations,
who will, on application, engage in or conduct gaming, wagering or a lottery, commits an offence.
Penalty: $2 000.
(4) In subsection (3)(c) —
approval does not include an approval under the Betting Control Act 1954 section 27D(2).
[Section 43A inserted by No. 35 of 2003 s. 145; amended by No. 70 of 2006 s. 9(2); No. 8 of 2007 s. 13.]
44. Cheating
(1) Any person who by deceit or any fraudulent means in or in relation to a game, lottery, sport, race, exercise or other contest or pastime —
(a) obtains or attempts to obtain any prize, or any money, property or benefit;
(b) gains or attempts to gain a benefit, pecuniary or otherwise, for any person;
(c) causes or attempts to cause a detriment, pecuniary or otherwise, to any person; or
(d) induces or attempts to induce another —
(i) to deliver property to any person;
(ii) to do any act which he is lawfully entitled to abstain from doing; or
(iii) to omit to do any act which he is lawfully entitled to do,
commits an offence.
Penalty: $10 000, or imprisonment for 2 years, or both.
(2) A person shall be taken to have employed fraudulent means if he cheats or otherwise employs any wrongful practice, trick, scheme or device —
(a) as to the manner of play or the rules applicable;
(b) in regard to any player, or any gaming equipment, instrument of gaming, entrant or participant;
(c) in bearing a part in the stakes, wagers or a venture; or
(d) in, or in respect of, wagering on the event, or on the sides, or on the chances, of entrants or participants,
in, in relation to, or of the contest or pastime.
[Section 44 amended by No. 24 of 1998 s. 48; No. 35 of 2003 s. 146.]
45. Offences relating to permitted gaming
(1) A person who, with intent to defraud —
(a) alters or falsifies any ticket, coupon, token or books;
(b) makes or concurs in making any false or fraudulent entry in any books; or
(c) omits or concurs in omitting any material particular from any books,
relating to a permitted lottery, permitted gaming or social gambling, commits an offence.
Penalty: $5 000, or imprisonment for 1 year, or both.
(2) A person who, with intent to defraud, conducts a permitted lottery, permitted gaming or social gambling in such a way that each participant has not an equal chance of winning, commits an offence.
Penalty: $5 000, or imprisonment for 1 year, or both.
(3) A person who, without the written authorisation of the Commission, wilfully diverts the funds raised by a lottery or gaming purporting to be conducted under the authority of a permit for a purpose other than the object for which a permit was issued, commits an offence.
Penalty: $2 500.
(4) A person who conducts a lottery or gambling purporting to be conducted under the authority of a permit otherwise than in accordance with —
(a) a permit which authorises the lottery or gambling; or
(b) any condition imposed in respect of the permit,
commits an offence.
Penalty: $2 500.
[Section 45 amended by No. 16 of 1990 s. 33; No. 24 of 1998 s. 49; No. 35 of 2003 s. 147; No. 50 of 2003 s. 66(4).]
Part V — Permitted gambling
[Heading amended by No. 35 of 2003 s. 148(1).]
Division 1 — Gaming generally
[Heading amended by No. 35 of 2003 s. 148(2).]
46. Permitted gaming
(1) Gaming may be lawfully conducted, and lawfully participated in, where —
(a) it occurs on a day and at a time authorised by a relevant gaming permit;
(b) it takes place at premises authorised by the permit to be used for permitted gaming of that kind;
(c) it is of a kind authorised by the permit;
(d) it is conducted by the permit holder or a person acting on behalf of and subject to the direction of the permit holder; and
(e) it does not contravene any condition imposed in respect of the permit.
(2) Except in so far as regulations made under this Act may otherwise provide or a permit specifically states, a permit does not authorise the playing of any kind of game —
(a) which is declared to be an authorised game under section 22 of the Casino Control Act 1984 to be played in a licensed casino or which, although not so declared, is commonly played in casinos (whether in Australia or elsewhere); or
(b) which in that particular part of the State, or in those circumstances, would be subject to the prohibitions contained in clause 22 of the Agreement referred to in section 3 of the Casino (Burswood Island) Agreement Act 1985,
not being a game of a kind referred to in clause 22(5) of that Agreement, and every permit shall be deemed to be subject to an implied condition to that effect which shall not be required to be noted on the permit or in the register.
(3) For the purposes of any proceedings relating to a breach of the implied condition referred to in subsection (2), or of construing any permit or written law relating to gambling, a reference to a particular kind of game shall be taken to include a reference to any game (whether or not alleged to be a variation or derivative of the first‑mentioned game and by whatever name called) which is of a kind essentially similar to that game.
(4) A permit does not authorise the conduct of, or participation in, gaming on Christmas Day, or Good Friday or, except in the case of permitted two‑up, on the morning of Anzac Day.
[Section 46 amended by No. 24 of 1998 s. 50; No. 35 of 2003 s. 166 and 167.]
47. Gaming permits
(1) A gaming permit may be —
(a) a function permit, having effect —
(i) for the period, not being a period in excess of 7 days; or
(ii) during the function; and
(iii) in respect of the premises,
therein specified, subject to any conditions imposed;
(b) a permit of a continuing nature, having effect —
(i) for the period, being a period not exceeding 12 months, therein specified;
(ii) subject to the approval of the Commission to the premises therein specified remaining in force, in respect of those premises; and
(iii) subject to the conditions from time to time imposed;
or
(c) a Ministerial permit, issued under section 48 and having effect according to its tenor,
and shall be issued on an application being made and granted in accordance with this Act and on, or subject to, payment of the prescribed fee but may be revoked or deemed to be revoked, amended or renewed subject to this Act.
(2) A gaming permit —
(a) unless it is issued under section 48, shall be in the prescribed form; and
(b) subject to section 46(4), authorises the permit holder to conduct, or cause to be conducted, and persons to participate in, gaming, in accordance with its tenor and subject to the conditions therein specified or otherwise imposed, but in no other manner.
[Section 47 amended by No. 35 of 2003 s. 167.]
48. Issue of permit on direction by the Minister
(1) Where, by reason of a major sporting event, a special occasion or other exceptional circumstances, the Minister so determines, and notwithstanding that the manner of the application or the matter to which it relates is not otherwise provided for by this Act or does not comply with the requirements of or prescribed under this Act, the Minister, after consultation in so far as the Minister thinks fit with the Commission, may direct the Commission —
(a) to issue a permit to a specified person in relation to a specified kind of gaming on specified premises, whether or not approved premises, on such conditions as are specified;
(b) as to the period for and manner in which the permit should be issued; and
(c) as to any charge, duty or fee that is to be payable in relation to the permit,
and effect shall be given to that direction and to any permit complying with that direction, subject to section 46(2) and (4).
(2) In subsection (1), specified means specified in the direction given by the Minister to the Commission.
[Section 48 amended by No. 16 of 1990 s. 33; No. 35 of 2003 s. 167.]
49. Matters to be taken into account in determining applications for the issue or renewal of a permit
(1) In determining any application for the issue or renewal of a gaming permit regard may be had to —
(a) whether or not the applicant is a fit and proper person to hold a permit, likely to be capable of and diligent in, securing that this Act will not be contravened and that any permitted gaming will be conducted fairly and properly;
(b) any arrangement or circumstances whereby the benefit arising from the holding of the permit may accrue to any other person;
(c) the need for persons having relevant experience to be in attendance at, and where appropriate to conduct, the gaming;
(d) the gaming equipment or other apparatus that may be required to conduct the gaming, and any need for the approval of the Commission to be obtained to the supply or use of that apparatus;
(e) the facilities available for the occasion, and the state of the premises where gaming is to occur or which may reasonably be required to be used by participants in or persons present at the gaming; and
(f) the circumstances existing in the immediate vicinity of the premises and any other relevant factor whereby persons may reasonably be disturbed or offended by the proposed use of the premises, taking into consideration the needs of the public.
(2) In determining any application for the renewal of a permit regard may be had to —
(a) any matters to which subsection (1) refers;
(b) the manner in which —
(i) gaming has been conducted;
(ii) the premises have been maintained;
(iii) the use of the premises for gaming has affected the circumstances existing in the immediate vicinity of the premises, other permitted gaming operations, and the needs of the public; and
(iv) persons participating in or present at the gaming have made use of the premises and facilities provided;
(c) any circumstances warranting a change in the manner in which any fee or charge is assessed or is paid, and generally as to the nature and amount of the fees and charges payable;
(d) the eligibility and suitability of the applicant in the light of experience; and
(e) any further or other considerations or circumstances that may be relevant.
(3) For the purposes of this section —
(a) the way in which permitted gaming is conducted by the applicant or by persons employed by him or acting on his behalf, or who are in the opinion of the Commission associated with him, shall be material; and
(b) a permit shall not be issued if in the opinion of the Commission the gaming thereby to be authorised would be likely to be conducted for the benefit of a person who would himself be refused a permit as not being a fit and proper person to hold a permit.
[Section 49 amended by No. 35 of 2003 s. 167.]
50. The register
(1) The Commission shall maintain a register showing, in accordance with such manner as may be prescribed, particulars of —
(a) persons approved as eligible to hold a permit, and any approved nominee, specifying the body on behalf of which that person or nominee acts and the kind of gaming to which the approval relates;
(b) premises approved —
(i) generally, in relation to function permits;
(ii) as a venue where permitted gaming may take place under permits of a continuing nature; or
(iii) for other prescribed purposes,
specifying the kind of permitted gaming to which the approval relates;
(c) holders for the time being of permits of a continuing nature;
[(d) deleted]
(e) holders of certificates issued under Part V Division 5,
and short particulars of any condition imposed.
(2) Where a person ceases to be the holder of a permit or certificate or to be approved for any purpose, or any premises cease to be approved premises, the name and any other particulars entered in the register in relation to that person or those premises shall be removed from that part of the register which is current.
(3) A person may inspect and make copies of, or take extracts from, the current register on payment of the prescribed fee.
[Section 50 amended by No. 16 of 1990 s. 33.]
51. Persons eligible to hold permits
(1) Subject to this Act, any person may apply to the Commission for his or its approval by the Commission as a person eligible to be the holder of a gaming permit.
(2) The Commission shall not approve a person as eligible to hold a permit unless —
(a) where the applicant comprises a body of persons, corporate or unincorporate, an individual approved by the Commission is appointed by and on behalf of that body to be responsible for the conduct of the gaming as nominee permit holder; and
(b) the Commission is satisfied —
(i) that the applicant is, or is concerned in the administration of and makes the application on behalf of, a club, society, institution, organisation, association or other body of persons being a body which, subject to section 81(2), section 95(2) and section 104, has as the principal object of the proposed gaming the raising of moneys in good faith for the active promotion, support or conduct of any sporting, social, political, literary, artistic, scientific, benevolent, charitable or other like activity detailed in the application;
(ii) that the gaming is not to be promoted or otherwise conducted for the purposes of private gain or any commercial undertaking; and
(iii) the proceeds of the gaming, after deduction of proper expenses and of prizes, are to be used for the benefit of the activities detailed in the application.
(3) Where an individual is, from time to time, appointed as the nominee permit holder on behalf of a body of persons for the purposes of this section —
(a) that individual shall be primarily responsible for the conduct of the gaming to which the permit relates and where an element of an offence under this Act is an act or omission on the part of that body of persons the nominee may be charged with the offence; and
(b) that individual is entitled to be indemnified by the body of persons by which he was appointed as nominee in respect of any penalty imposed under this Act.
(4) Where a person is approved as eligible to hold a permit —
(a) a permit may be issued to that person, but shall where the applicant comprises a body of persons be issued to a person who is an approved nominee; and
(b) the Commission, or in a case to which section 52(a) refers the magistrate, shall cause to be specified on the permit —
(i) the name of that person and of any body for which he is the nominee permit holder;
(ii) the date of the issue, and the duration, of the permit and where it is a function permit, the nature of the function;
(iii) particulars of the premises where the gaming is to be conducted; and
(iv) the kind of gaming authorised by the permit,
and
(c) where the application relates to a permit of a continuing nature, such other particulars as may be prescribed or as the Commission thinks fit, shall be endorsed on the permit,
and particulars of any conditions imposed, other than implied or prescribed conditions, shall be endorsed on or annexed to the permit and the Commission or that magistrate shall cause the relevant particulars to be noted in the register.
[Section 51 amended by No. 24 of 1998 s. 51; No. 35 of 2003 s. 167; No. 84 of 2004 s. 80.]
52. Applications for a permit
An application for the issue of a permit —
(a) in the case of a function permit, may be made to the Commission and, if the Commission agrees, informally, but otherwise in the prescribed manner save that an application for a function permit may, instead of being made to the Commission, be made to a magistrate who may on behalf of the Commission issue the function permit where —
(i) the applicant is a person entered in the register as eligible to hold a permit of that kind;
(ii) the premises on which the permitted gaming is to occur are premises entered in the register as approved for gaming of that kind or are the subject of an application to that magistrate under section 55(1)(a)(ii); and
(iii) any conditions applicable are not contravened or likely to be contravened,
and the magistrate shall cause the Commission to be notified accordingly; but
(b) in the case of a permit of a continuing nature, shall be made to the Commission in writing in the prescribed manner,
and any such application shall, unless the Commission or magistrate dispenses with the requirement, contain or be accompanied by such information as is prescribed and be supported by such further information as the Commission or magistrate may require.
[Section 52 amended by No. 35 of 2003 s. 167; No. 59 of 2004 s. 141.]
53. Fees and charges payable to the Commission
(1) A gaming permit shall not be issued otherwise than upon payment of an application fee and such other fees or charges as may be prescribed.
(2) The fees or charges payable in relation to the approval of premises by or on behalf of the Commission shall be such as may be prescribed.
(3) Regulations imposing fees or charges payable in relation to the issue of a permit or in relation to the approval of premises to be used under such a permit may provide —
(a) for an application fee to be payable on the issue of the permit or grant of the approval;
(b) for periodic, percentage or other payments to be made related to the volume or value of the gaming conducted or to be conducted or to its frequency;
(c) for the giving of security, by means of a deposit or otherwise, for payments due or to become due;
(d) for such payments to be made through the permit holder providing, at the place where gaming occurs, facilities for persons participating in or present at the gaming to make payments in respect of the fees payable; and
(e) for the permit holder to perform specified functions in connection with the payment of or accounting for moneys paid by such persons, including refusing to permit access to the place where the gaming occurs unless the payments required by the regulations are made,
having regard to the need for the continued supervision of the premises and to the nature of the gaming.
(4) The fees payable in relation to the issue of a certificate under section 88 or 92, and in relation to the renewal of any such certificate, shall respectively be such as may be prescribed, and may be prescribed by reference to the operation to be performed or to the circumstances or period for which the certificate is to have effect.
[Section 53 amended by No. 35 of 2003 s. 167.]
54. Charges payable by persons for taking part in permitted gaming
(1) Except where —
(a) a regulation made under this Act, pursuant to subsection (4) or otherwise; or
(b) a condition imposed in respect of a permit,
otherwise provides, no gambling shall be conducted in circumstances where (apart from any stakes hazarded or wagers placed) a charge, in money or money’s worth, is made in respect of that gambling.
(2) Subject to subsections (3), (4) and (5), any admission charge shall, unless the contrary is proved, be taken to be a charge made in respect of the gambling.
(3) Where it is shown that a club, society, institution, organisation, association or other body of persons is so constituted and conducted, in respect of membership and otherwise, as not to be of a temporary character, a payment which constitutes payment of, or of a quarterly or half‑yearly instalment of, an annual subscription to that body, or of an entrance subscription not made in respect of temporary membership, shall not be taken to be a charge made in respect of the gambling, notwithstanding that it operates as an admission charge.
(4) Regulations made under this Act may impose an implied condition providing that a charge may be made in respect of any person for the right to take part in the permitted gaming, or permitted gaming of a prescribed kind or in prescribed circumstances, where the charge, or if more than one the aggregate amount of the charges, made on any one day or in respect of any one prescribed period does not exceed such sum as is prescribed.
(5) Where permitted gaming takes place on approved premises, charges may be made in respect of the gaming in such circumstances as a condition imposed in relation to a permit in respect of that gaming, or to permitted gaming of that kind, may provide, and any such condition —
(a) may enable different charges to be made in respect of different facilities (whether provided in different parts of the same premises or by way of different games or of the same game played at different tables or otherwise) or in respect of permitted gaming facilities provided at the premises during different sessions of play; and
(b) may provide that a levy, of such amount or calculated in such a manner as is therein specified, may in circumstances therein specified be charged on the stakes or on the winnings of the players.
(6) A charge shall not be made in relation to permitted gaming unless particulars of the charges and of the circumstances in which they are chargeable —
(a) are displayed at the premises; and
(b) where the regulations or a condition so provide —
(i) the charges are approved by the Commission; and
(ii) the particulars comprise such matters as the Commission requires, and are displayed in such a manner and positions as the Commission requires.
[Section 54 amended by No. 35 of 2003 s. 149, 166 and 167.]
55. Approved premises
(1) An application for the grant by the Commission of approval to the use of premises for gaming —
(a) in the case of premises to be used for the purposes of a specific function permit, may —
(i) if the Commission agrees, be made to the Commission informally; or
(ii) be made to the magistrate hearing the application for the function permit on behalf of the Commission, in which case the magistrate may grant the approval and shall cause the Commission to be notified of his decision;
but
(b) in any other case, shall be made to the Commission in the prescribed manner,
and shall, unless the Commission or the magistrate dispenses with the requirement, contained or be accompanied by such information as is prescribed and be supported by such further information as the Commission or magistrate may require.
(2) Premises may be approved by or on behalf of the Commission —
(a) specifically, to be used for the purposes of a specific function permit;
(b) generally, to be used for the purposes of function permits from time to time; or
(c) in relation to a permit, or permits, of a continuing nature,
subject to such conditions as are specified in the instrument of approval (which may be the specific function permit), and may be approved for the purposes only of specified kinds of permitted gaming, and particulars of the approval (other than in relation to a specific function permit) shall be noted in the register together with particulars of the person who is for the time being the holder of that approval.
(3) The Commission may in relation to any premises require an applicant for the grant of approval or the holder of the approval to produce to the Commission —
(a) a report from the local government of the district in which the premises are situated, certifying that those premises conform, or if not conforming in what respect they do not conform, to the Health Act 1911, to the relevant Act relating to sewerage and drainage and to any subsidiary legislation made under those Acts or the Local Government Act 1995;
(b) a report from the authority responsible for local planning matters affecting the premises certifying —
(i) that the proposed or actual use does not contravene any written law relating to local planning; or
(ii) where a proposed use will not contravene such a written law only if a specified consent be given, whether or not that consent will be given and as to any conditions relating to that consent;
(c) a report from the Commissioner of Police, or of an officer appointed by him with the approval of the Commission for that purpose, certifying that the premises are not in his opinion unsuitable for use as premises where permitted gaming of the kind proposed or to which the approval for the time being refers may occur; and
(d) evidence satisfactory to the Commission as to the charges proposed or made for the use of the premises for permitted gaming.
(4) Where the owner or occupier of any approved premises objects or changes, or for any other reason the Commission is satisfied that the circumstances so require, the Commission may in its discretion revoke its approval of the premises, or amend the conditions imposed in relation to any approval.
(5) The revocation, or amendment of the conditions imposed, shall take effect —
(a) on the day on which written notice of the decision of the Commission is given to the registered holder of the approval; or
(b) on such later day as is specified in that notice,
subject to subsection (6).
(6) Where for any reason notice of a decision of the Commission cannot in the opinion of the Commission be conveniently given to the registered holder of the approval in relation to any premises, that notice may in default be given to any person appearing to be an occupier of the premises and be posted in a conspicuous position on the premises, and effect shall thereupon be given to the revocation or amendment in accordance with the tenor of that notice.
(7) An approval of premises granted by the Commission subsists in favour of the holder to whom or which the approval was first granted, or an assignee acceptable to the Commission entered in the register as the registered holder of that approval, and until —
(a) the term for which it was granted expires;
(b) its operation is suspended pursuant to an amendment; or
(c) it is revoked under subsection (4),
whichever is the sooner.
(8) Where the Commission proposes to revoke the approval granted in relation to any premises, or to amend the conditions imposed, the Commission shall take such steps as it considers reasonable in the circumstances to afford the registered holder of the approval and, where practicable, the owner and any other occupier who in the opinion of the Commission may be thereby prejudicially affected an opportunity to make submissions to the Commission in relation to the matter.
(9) Any assignment of the grant of approval by the registered holder proposed by him to the Commission shall not unreasonably be refused.
(10) Any assignment which is acceptable, and any revocation or amendment under this section shall be noted in the register.
[Section 55 amended by No. 14 of 1996 s. 4; No. 35 of 2003 s. 167; No. 38 of 2005 s. 15.]
56. Renewals of approvals, permits and certificates
(1) An application for the renewal, or where its operation is suspended the re‑instatement, of an approval, a permit of a continuing nature or a certificate shall be made in writing as prescribed but need not, unless the Commission by notice in writing to the applicant so directs, contain or be accompanied by the information furnished at the time of the original application by that person in so far as that is stated to remain unaltered, but shall be supported by such further or other information as the Commission may require.
(2) Subject to section 49(2), the application for the renewal or reinstatement of an approval, permit or certificate shall be dealt with at the discretion of the Commission as though it were an application for the grant of a new approval or for the issue of a new permit or certificate and, except where subsection (3) applies, the holding of an approval, permit or certificate does not confer any right of renewal.
(3) Where an application for renewal is duly made to the Commission and the Commission considers that the application can not be disposed of prior to the date on which the then current approval, permit or certificate will lapse, the Commission —
(a) may extend the operation of the then current approval, permit or certificate for such period as may be necessary for the application to be disposed of finally; and
(b) shall notify the applicant and amend the register accordingly.
57. Reports to be made by permit holders
(1) Where the Commission by notice in writing or a condition imposed in relation to a permit so requires, the permit holder shall, not later than the day required by the Commission, furnish to the Commission a report verified in such manner as the Commission may require by the permit holder, and in the case of a body of persons, corporate or unincorporate, also by 2 officers of that body other than the permit holder, being persons appointed by that body with the approval of the Commission for the purposes of this section, showing —
(a) the particular purpose or purposes to which proceeds of any gaming were applied, and the amount applied for that purpose, or for each of those purposes, as may be required;
(b) each date and place at which gaming to which the permit purported to apply occurred;
(c) the total amount of the proceeds of the permitted gaming; and
(d) the sums appropriated out of those proceeds on account of expenses, and on account of prizes, respectively,
and shall at that time, or subsequently, as the Commission requires, furnish such other information as to the permitted gaming or its conduct or as to moneys related thereto as the Commission may require, verified in such manner as the Commission may require.
(2) The Commission may require that any report under this section be verified by an independent auditor acceptable to, or appointed by, the Commission at the expense of the permit holder, but any such expense may be deducted as a proper expense in relation to the permitted gaming only where the auditor so certifies and the Commission consents.
(3) A person who or which fails to furnish a report or information required in accordance with subsection (1), or who or which furnishes in or in relation to any such report information which is false or misleading in a material particular, or who verifies any such report knowing it to contain such information, commits an offence.
Penalty: $5 000, or imprisonment for 1 year, or both.
[Section 57 amended by No. 35 of 2003 s. 167.]
58. Condition may relate to objects of the gaming
(1) A condition imposed in relation to a permit may require the permit holder —
(a) to give such publicity to the object of the permitted gaming as will be likely to bring it to the attention of persons participating in, or proposing to participate in, the permitted gaming; and
(b) subject to this section, to apply money accruing from or in relation to the permitted gaming, or a specified part of that money, only to the object of the permitted gaming.
(2) In this section object means the particular intention, or the activity, detailed in the application for the permit as that for which the proceeds of the permitted gaming are to be applied.
(3) Where a permit holder desires to apply moneys accruing from permitted gaming to which a condition of the kind referred to in subsection (1) applies for a purpose suggested by the permit holder other than the object detailed in the application, the Commission may at the request of the permit holder authorise the application of the money for that other purpose if the Commission is satisfied —
(a) that the object, in whole or in part —
(i) has been as far as may be fulfilled; or
(ii) cannot be carried out;
(b) that the object provides a use for part only of the money accruing from the permitted gaming;
(c) that the money so accruing and other money applicable for similar purposes can be more effectively used in conjunction, and to that end can suitably be made applicable to common purposes;
(d) that the object was specified by reference to an activity which was, when the object was specified, but has since ceased to be, an activity having some particular purpose, or by reference to a class of persons or to an object which has for any reason since ceased to be suitable; or
(e) that the object, in whole or in part, has since it was specified —
(i) been adequately provided for by other means; or
(ii) ceased in any other way to provide a suitable and effective method of using money accruing from the permitted gaming.
(4) Where the Commission authorises the application of money accruing from permitted gaming for a purpose other than the object of the permitted gaming the permit holder shall apply the money in the manner so authorised and not otherwise.
Penalty: $2 500.
[Section 58 amended by No. 50 of 2003 s. 66(4).]
59. Conditions as to the giving of security
(1) A condition imposed in relation to —
(a) the eligibility of any person to hold a permit;
(b) the approval of a person as a nominee permit holder;
(c) the approval of premises; or
(d) the issue of a permit or certificate,
may require that a person lodge with the Commission, within such time as the Commission may specify in the instrument imposing the condition or otherwise allow, security by way of a bond, in a form acceptable to the Commission and executed by an insurer acceptable to the Commission, conditioned upon the holder of the approval, permit or certificate paying, applying and accounting for, duly and according to law, moneys coming into his hands by the operation of this Act and punctually complying with all duties and obligations imposed on him by law in relation to those moneys or any approved premises.
(1a) A bond referred to in subsection (1) shall provide that it enures during the term of the approval, permit or certificate for which it is originally given and may also provide that it enures during the term of any renewal granted to the same person.
(2) Any bond lodged with the Commission in relation to any approval, permit or certificate shall be applied by the Commission in such circumstances, for such purposes and in such manner as the Minister may direct, and may be discharged by the Commission as to the whole or any part.
(3) A Judge may, on the application of the Commission and on being satisfied that any condition of the bond has been broken, assign the bond to the Commission or to any other person and the Commission or other person to whom the bond has been assigned is or the executors or administrators of the estate of that other person are, upon the assignment, entitled to sue upon the bond in his or their own name or names, as if the bond had, in the first instance, been given to him or them and also to receive, in trust for all persons interested, the full amount recoverable in respect of the breach of a condition of the bond.
(4) Where a bond enures in respect of the renewal or further renewal of an approval, a permit or a certificate, the insurer may by notice in writing given to the Commission determine its liability under the bond in respect of any act or default that may be done or made after the current approval or permit expires.
(5) If, by reason of non‑payment of any premium, or any other act or omission of the holder of the approval, permit or certificate, a bond lodged with the Commission ceases to be in force during the term of the relevant approval, permit or certificate the approval, permit or certificate is deemed to have been revoked until another bond acceptable to the Commission is lodged.
(6) Where for any reason related to the insurer a bond lodged with the Commission ceases to be acceptable to the Commission, the approval, permit or certificate to which the bond relates may be amended by the Commission so that its operation is suspended until another bond acceptable to the Commission is lodged.
[Section 59 amended by No. 16 of 1990 s. 33.]
60. Revocation or amendment of permits and certain approvals
(1) Where the Commission is satisfied that the circumstances so require, the Commission, subject to section 62, may in its discretion —
(a) revoke its approval as to the eligibility of any person to hold a permit;
(b) revoke its approval of a person as a nominee permit holder;
(c) where a permit holder is a corporation and —
(i) a dealing with shares or any other interest in the corporation takes place; or
(ii) the corporation or its directors enter into a transaction or arrangement,
and in the opinion of the Commission the dealing, transaction or arrangement substantially affects the control of the corporation, revoke the permit;
(d) revoke a permit or a certificate; or
(e) amend any such approval or permit or certificate.
(2) The revocation or amendment of an approval or a permit or a certificate pursuant to subsection (1) takes effect —
(a) on the day on which a notice of the revocation or amendment is given by the Commission to the holder of that approval or permit or certificate; or
(b) on such later day as is specified in the notice of revocation or amendment,
and the register shall be noted accordingly.
(3) Where notice is to be given pursuant to subsection (2) and service can not be effected within 7 days, a notice published for information in the Gazette setting out the relevant particulars of the notice to be given and of the day on which it was dated shall be taken to be sufficient service of a notice pursuant to subsection (2) for the purpose of any revocation or amendment of an approval or a permit or a certificate to which this section applies.
(4) The revocation or amendment of an approval or a permit or a certificate to which this section applies shall not be effected unless the Commission has taken reasonable steps to afford the holder of that approval or permit or certificate, and any other person or body likely to be affected, an opportunity to make submissions to the Commission in relation to the matter, unless the ground of revocation or amendment is a suspected offence under this Act.
(5) The Commission may by notice in writing require the holder of an approval or a permit or a certificate to which this section applies to return it to the Commission for the purpose of amendment.
(6) Where the Commission by notice requires that an approval or a permit or a certificate be returned to the Commission under subsection (5) and the approval or permit or certificate is not so returned within the time limited by the Commission in the notice, that approval or permit or certificate shall be deemed to have been revoked with effect from the day on which the notice was dated.
(7) The application of this section to the revocation of a certificate is subject to sections 88 and 92.
[Section 60 amended by No. 16 of 1990 s. 33; No. 24 of 1998 s. 52.]
[61. Deleted by No. 16 of 1990 s. 33.]
62. Reports as to the revocation or amendment of current approvals, permits or certificates, and appeals to the Minister
(1) Where the Commission revokes or amends an approval, permit or certificate before the conclusion of the period for which it would otherwise have effect, the Commission, after having given an opportunity to the holder of the approval, permit or certificate to make submissions in relation to the matter and considered any submissions so made, shall make a report and recommendations to the Minister.
(2) A person aggrieved by a determination of the Commission —
(a) revoking;
(b) refusing to renew; or
(c) amending,
an approval, permit or certificate may appeal by making a submission in writing in the prescribed manner to the Minister.
(3) The Minister may determine the matter on the substantial merits without regard to legal forms or technicalities and is not required to determine whether the information before him is in accordance with the law of evidence or not.
(4) The decision of the Minister shall be final and conclusive, is not subject to any further or other appeal, and shall not be questioned in any judicial proceedings.
(5) Where the holder of an approval, permit or certificate appeals to the Minister the approval, permit or certificate shall, subject to the payment of any fees then due and payable and subject to subsection (6), remain in force until the determination of the appeal.
(6) Subsection (5) does not apply in the case of an appeal against a determination of the Commission stated to have been made by reason of the conviction of the holder of the permit, approval or certificate for an offence against this Act or any other written law relating to gambling.