New South Wales Consolidated Acts

UNLAWFUL GAMBLING ACT 1998 - SECT 5

5 Definition of "unlawful game"

(1) For the purposes of this Act, the following games are
"unlawful games" --

(a) the games called respectively fan-tan, pak-a-pu, two-up, hazard, baccarat, faro or roulette, or any similar game of chance,

(b) any game of chance that is played at a table or with gaming equipment,

(c) any game involving the use or operation of a prohibited gaming device,

(d) any game that involves the disposal of money by lottery or by chance,

(e) any game in which the chances are not alike favourable to all the players, including among the players, the banker or other person (if any) by whom the game is managed or against whom the other players play or bet,

(f) any game that involves playing or staking against a bank that does not pass from one participant in the game to another--

(i) by chance or by regular rotation among all the participants in the game, and

(ii) without any requirement to pay a charge or comply with any other condition,

(g) any game with cards or other gaming equipment from which a person receives a percentage or share of the amount wagered,

(h) any game of skill or chance, or of mixed skill and chance, in which any money is staked or risked by a person on an event or contingency specified by the person and in which--

(i) there is a dealer, croupier or banker who is not a participant in the game while acting in such a capacity, or

(ii) a person, other than a participant in the game, receives a payment or other benefit from the playing of the game, or

(iii) a payment or other benefit is given or sought for the right to participate in the game or for the right to enter the land or premises on which the game is played.

(2) In any proceedings in relation to a game alleged to be an unlawful game referred to in subsection (1) (h), it is to be presumed, unless the contrary is proved, that the game was an unlawful game if more than 8 persons (including participants in the game) were in the vicinity of the playing of the game.