Western Australian Current Acts

BETTING CONTROL ACT 1954 - SECT 5

5 .         Legalisation of betting

        (1)         Notwithstanding any law to the contrary, persons may, in accordance with this Act, lawfully bet by way of wagering or gaming on a race course —

            (a)         on races; or

            (b)         on an event or contingency, in accordance with section 4B,

                and their so doing does not of itself constitute a contravention of the law, and is not a ground for the race course or any part of it being deemed or declared to be, or to be used as, a common betting house or a common gaming house, or to be a common nuisance and contrary to the law.

        (2)         The Commission may, if it is satisfied that adequate provision is made and maintained for the supervision of the proceedings at the premises in question and that all bets there made are brought to account, authorise, subject to such conditions, if any, as are specified in that authority —

            (a)         the settlement of bets; and

            (b)         the making of bets in relation to the practice known as “the calling of the card” on such occasions and events as are specified in that authority,

                at such premises as are specified in that authority, and despite any written law to the contrary the activities so authorised are, when carried on in compliance with any such conditions, lawful.

        (2a)         The Commission may, if —

            (a)         it is no longer satisfied within the meaning of subsection (2) in respect of an authority given under that subsection; or

            (b)         it is satisfied that any condition to which that authority is subject has not been complied with,

                amend or cancel that authority.

        (2b)         The Commission shall cause —

            (a)         each authority given under subsection (2); and

            (b)         each amendment or cancellation made under subsection (2a),

                to be published in the Gazette as soon as is practicable after it is given or made.

        (3)         No person is liable to prosecution or conviction under the Gaming and Wagering Commission Act 1987 , by reason of anything done pursuant to this Act but, subject to this Act, the provisions of that Act relating to common gaming houses and common betting houses, or unlawful betting, have effect.

        [Section 5 amended: No. 19 of 1960 s. 5; No. 28 of 1963 s. 2; No. 77 of 1976 s. 6; No. 78 of 1978 s. 3; No. 29 of 1985 s. 6; No. 34 of 1985 s. 4; No. 74 of 1987 s. 4; No. 11 of 1992 s. 30; No. 63 of 1995 s. 45; No. 14 of 1996 s. 4; No. 17 of 1998 s. 7(1); No. 35 of 2003 s. 77 and 102; No. 41 of 2018 s. 6.]