Gaming Commission Act 1987 (WA)

Western Australia Gaming and Wagering Commission Act 1987 Western Australia Gaming and Wagering Commission Act 1987 Contents Part I — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 Part II — The Commission Division 1 — Administration 4. Gaming and Wagering Commission established 1 5. Trading name or symbol, use of by Commission 1 6. Minister and Commission, relationship between 1 Division 2 — Duties and powers 7. Duties of Commission 1 8. Powers of Commission 1 Division 3 — Finance 9. Funds of Commission; financial provisions 1 10. Financial Management Act 2006 and Auditor General Act 2006 apply to Commission 1 11. Some dealings by Commission need Treasurer's approval 1 Division 4 — Membership, co‑option, consultation and committees 12. Members of Commission, attendance at meetings etc. 1 13. Remuneration of members; effect of service with Commission on public servants 1 14. Co‑option, consultation etc., Commission's powers as to 1 15. Committees, appointment of etc. 1 16. Delegation powers 1 Division 5 — Proceedings 17. Proceedings, meetings, declaring interests etc. 1 Division 6 — Staff, etc. 18. Staff, contractors etc.; Commission may ask Commissioner of Police to inquire etc. into various matters 1 19. Government departments, statutory bodies etc. to assist Commission 1 20. Reports, effect of and privilege attached to; official information, disclosure of etc. 1 Division 7 — Confidential police information 20A. Certain information provided by police to be kept confidential 1 Part III — Enforcement 21. Authorised officers, appointment and duties of and reports by 1 22. Permitted gaming and social gambling, powers to scrutinize etc. 1 23. Other police powers not limited by this Act 1 24. Commissioner of Police, directions by to police officers 1 25. Entry to premises, arrest etc., warrant authorising 1 26. Evidence, information etc., powers to seize, obtain etc. 1 27. Information, production of books, accounts etc., powers to require 1 27A. Authorised officers to be public officers for Criminal Investigation Act 2006 1 28. Recovering moneys payable to Commission 1 29. Hindering etc. Commission etc. and false etc. answers, offences as to 1 30. Incriminating information to be provided but is not admissible 1 31. Seizure without warrant 1 31A. Powers to assist seizing things 1 32. Certain seized things to be forfeited to Crown 1 32A. Disposing of seized or forfeited things 1 33. Prosecuting offences 1 34. Offences to be dealt with by magistrate 1 35. General penalty 1 36. Infringement notices 1 37. Liability of officers for offence by body corporate 1 38. Service of notices 1 39. Evidentiary provisions for charges of offences 1 40. Evidentiary provisions for charges involving common gaming houses 1 Part IV — Common gaming houses, unlawful gaming, cheating etc. 40A. Part does not apply to gambling under other written laws 1 41. Common gaming house, meaning of and offences as to 1 42. Prohibited gaming and unlawful games defined and offences as to 1 43. Defence of restricted access not available to charge of s. 41 or 42 offence 1 43A. Advertising unlawful gambling 1 44. Cheating in games etc. to obtain prize etc., offence 1 45. Permitted gaming, offences as to 1 Part V — Permitted gambling Division 1 — Gaming generally 46. Permitted gaming defined 1 47. Gaming permits, types, issue and effect of 1 48. Issue of permit on direction by Minister 1 49. Applications for issue or renewal of permit, matters that may be considered when deciding 1 50. Register of approvals, permit holders etc., Commission to keep and allow inspection of etc. 1 51. Persons eligible to hold gaming permits, approval of 1 52. Applications for gaming permits 1 53. Fees and charges for gaming permits 1 54. Charging people to take part in permitted gaming 1 55. Approving premises for gaming 1 56. Renewing approvals, permits and certificates 1 57. Reports by permit holders, when required, content of etc. 1 58. Gaming permit may regulate use of proceeds from permitted gaming etc. 1 59. Approvals etc. may require security to be given 1 60. Revoking and amending permits and certain approvals 1 62. Revocation or amendment of current approval etc., Commission to report to Minister; appeals to Minister 1 63. No credit to be given to person for permitted gaming; cheques for permitted gaming 1 Division 2 — Social gambling 64. Social gambling defined 1 Division 4 — Permitted two‑up 80. Two‑up at country race meetings 1 81. Two‑up at other places 1 82. Conditions deemed in certain permits 1 83. Regulations for this Division 1 Division 5 — Gaming machines and other gaming equipment and its operation 84. Terms used 1 85. Unlawful gaming machines etc., use and possession of prohibited 1 86. Use of unlawful cash or tokens in gaming machines 1 87. Records about gaming equipment, powers to require keeping of 1 88. Prescribed gaming equipment, regulations about, certificates for sellers etc. of 1 89. Prescribed gaming equipment, sale etc. of 1 90. Application of s. 88 and 89 to concessionaires 1 91. Permitted gaming, restrictions on certain people in relation to 1 92. Certificates for s. 91 1 93. Offences in relation to s. 91 1 Division 5A — Remote gambling devices 93A. Terms used 1 93B. Offences relating to remote gambling devices 1 Division 6 — Permitted bingo 94. Terms used 1 95. Permits to conduct bingo; who may play permitted bingo 1 96. Multiple bingo 1 97. Simultaneous bingo 1 98. Conduct of bingo 1 99. Recovering moneys payable to Commission for bingo 1 100. Regulations as to bingo 1 Division 7 — Lotteries, and amusements with prizes etc. 101. Terms used 1 102. Certain lotteries unlawful 1 103. Permitted lotteries (deemed) 1 104. Permits for lotteries; duties of holders of permit for standard lottery 1 104AA. Commission may require bank guarantee for certain standard lotteries 1 104AB. Commission's powers if bank guarantee provided 1 104AC. Commission may demand payment under bank guarantee 1 104AD. Commission must give notice in relation to bank guarantee 1 104AE. Commission to deal with money paid under bank guarantee 1 104AF. Return of bank guarantee 1 104A. Commission not liable for unpaid lottery prizes 1 104B. Licensing of suppliers of lottery tickets 1 104C. Licences of licensed suppliers, cancelling etc. 1 104D. Refusal or cancellation of supplier's licence, Commission to report to Minister; appeals to Minister 1 104E. Suppliers to give Commission tickets if licence cancelled etc. 1 104F. Licensed suppliers to lodge returns and pay continuing lotteries levy 1 104G. Continuing lotteries levy, application of 1 104H. Exemption from levy 1 104I. Refund of levy 1 104J. Tickets, protecting and accounting for; estimating levy for lost etc. tickets 1 104K. Tickets may be given to Commission for destruction 1 104L. Offences by licensed suppliers 1 104M. Offences involving continuing lottery tickets 1 105. Continuing lotteries, use of vending machines to sell tickets for 1 106. Offences involving lotteries 1 107. Amusements with prizes, which are permitted 1 108. Some fund raising activities deemed permitted amusement with prizes 1 109. Regulations for this Division 1 Division 8 — Unclaimed winnings 109A. Terms used 1 109B. Unclaimed winnings, Commission to be notified of etc. 1 109C. Gaming Community Trust Account 1 109D. Gaming Community Trust 1 Part VA — Supervision of RWWA 109E. Gambling operations of RWWA, meaning of 1 109F. Supervision of RWWA by Commission etc. 1 109G. Directions to RWWA, Commission may give 1 109H. Contravention of directions 1 109I. Complaints about RWWA, Commission's functions as to 1 109J. Reports on and inquiries into RWWA 1 109K. Report or inquiry under s. 109J, Minister's powers following 1 Part VI — Ancillary 110. Gambling on premises licensed for retail sale of liquor 1 110A. Sports Wagering Account 1 110B. Racing Bets Levy Account 1 110C. Provision of information to Commission 1 110D. Delegation by CEO 1 111. Burswood Casino Agreement cl. 22, when Commission may decide questions as to 1 112. Transitional provisions as to Casino Control Act 1984 1 117. Regulations 1 Part 7 — Transitional provisions for Gambling Legislation Amendment Act 2024 118. Term used: commencement day 1 119. Application of Interpretation Act 1984 1 120. Infringement notices 1 121. Gaming Community Trust Account and Racing Bets Levy Account 1 122. Sports Wagering Account 1 123. Transitional regulations 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Gaming and Wagering Commission Act 1987 An Act to constitute the Gaming and Wagering Commission of Western Australia, to consolidate and amend the law relating to gaming and wagering, and for related purposes. [Long title amended: No. 35 of 2003 s. 121.]