Western Australian Current Acts

GAMING AND WAGERING COMMISSION ACT 1987

TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Terms used

   PART II -- The Commission

           Division 1 -- Administration  

   4.      Gaming and Wagering Commission established
            
   5.      Trading name or symbol, use of by Commission
            
   6.      Minister and Commission, relationship between

           Division 2 -- Duties and powers  

   7.      Duties of Commission
            
   8.      Powers of Commission

           Division 3 -- Finance  

   9.      Funds of Commission; financial provisions
            
   10.     Financial Management Act 2006 and Auditor General Act 2006 apply to Commission
            
   11.     Some dealings by Commission need Treasurer’s approval

           Division 4 -- Membership, co-option, consultation and committees  

   12.     Members of Commission, attendance at meetings etc.
            
   13.     Remuneration of members; effect of service with Commission on public servants
            
   14.     Co-option, consultation etc., Commission’s powers as to
            
   15.     Committees, appointment of etc.
            
   16.     Delegation powers

           Division 5 -- Proceedings  

   17.     Proceedings, meetings, declaring interests etc.

           Division 6 -- Staff, etc.  

   18.     Staff, contractors etc.; Commission may ask Commissioner of Police to inquire etc. into various matters
            
   19.     Government departments, statutory bodies etc. to assist Commission
            
   20.     Reports, effect of and privilege attached to; official information, disclosure of etc.

           Division 7 -- Confidential police information  

   20A.    Certain information provided by police to be kept confidential

   PART III -- Enforcement  

   21.     Authorised officers, appointment and duties of and reports by
            
   22.     Permitted gaming and social gambling, powers to scrutinize etc.
            
   23.     Other police powers not limited by this Act
            
   24.     Commissioner of Police, directions by to police officers
            
   25.     Entry to premises, arrest etc., warrant authorising
            
   26.     Evidence, information etc., powers to seize, obtain etc.
            
   27.     Information, production of books, accounts etc., powers to require
            
   27A.    Authorised officers to be public officers for Criminal Investigation Act 2006
            
   28.     Recovering moneys payable to Commission
            
   29.     Hindering etc. Commission etc. and false etc. answers, offences as to
            
   30.     Incriminating information to be provided but is not admissible
            
   31.     Seizure without warrant
            
   31A.    Powers to assist seizing things
            
   32.     Certain seized things to be forfeited to Crown
            
   32A.    Disposing of seized or forfeited things
            
   33.     Prosecuting offences
            
   34.     Offences to be dealt with by magistrate
            
   35.     General penalty
            
   36.     Infringement notices
            
   37.     Liability of officers for offence by body corporate
            
   38.     Service of notices
            
   39.     Evidentiary provisions for charges of offences
            
   40.     Evidentiary provisions for charges involving common gaming houses

   PART IV -- Common gaming houses, unlawful gaming, cheating etc.  

   40A.    Part does not apply to gambling under other written laws
            
   41.     Common gaming house, meaning of and offences as to
            
   42.     Prohibited gaming and unlawful games defined and offences as to
            
   43.     Defence of restricted access not available to charge of s. 41 or 42 offence
            
   43A.    Advertising unlawful gambling
            
   44.     Cheating in games etc. to obtain prize etc., offence
            
   45.     Permitted gaming, offences as to

   PART V -- Permitted gambling

           Division 1 -- Gaming generally  

   46.     Permitted gaming defined
            
   47.     Gaming permits, types, issue and effect of
            
   48.     Issue of permit on direction by Minister
            
   49.     Applications for issue or renewal of permit, matters that may be considered when deciding
            
   50.     Register of approvals, permit holders etc., Commission to keep and allow inspection of etc.
            
   51.     Persons eligible to hold gaming permits, approval of
            
   52.     Applications for gaming permits
            
   53.     Fees and charges for gaming permits
            
   54.     Charging people to take part in permitted gaming
            
   55.     Approving premises for gaming
            
   56.     Renewing approvals, permits and certificates
            
   57.     Reports by permit holders, when required, content of etc.
            
   58.     Gaming permit may regulate use of proceeds from permitted gaming etc.
            
   59.     Approvals etc. may require security to be given
            
   60.     Revoking and amending permits and certain approvals
            
   62.     Revocation or amendment of current approval etc., Commission to report to Minister; appeals to Minister
            
   63.     No credit to be given to person for permitted gaming; cheques for permitted gaming

           Division 2 -- Social gambling  

   64.     Social gambling defined

           Division 4 -- Permitted two-up  

   80.     Two-up at country race meetings
            
   81.     Two-up at other places
            
   82.     Conditions deemed in certain permits
            
   83.     Regulations for this Division

           Division 5 -- Gaming machines and other gaming equipment and its operation  

   84.     Terms used
            
   85.     Unlawful gaming machines etc., use and possession of prohibited
            
   86.     Use of unlawful cash or tokens in gaming machines
            
   87.     Records about gaming equipment, powers to require keeping of
            
   88.     Prescribed gaming equipment, regulations about, certificates for sellers etc. of
            
   89.     Prescribed gaming equipment, sale etc. of
            
   90.     Application of s. 88 and 89 to concessionaires
            
   91.     Permitted gaming, restrictions on certain people in relation to
            
   92.     Certificates for s.
            
   93.      Offences in relation to s.

           Division 5A -- Remote gambling devices  

   93A.    Terms used
            
   93B.    Offences relating to remote gambling devices

           Division 6 -- Permitted bingo  

   94.     Terms used
            
   95.     Permits to conduct bingo; who may play permitted bingo
            
   96.     Multiple bingo
            
   97.     Simultaneous bingo
            
   98.     Conduct of bingo
            
   99.     Recovering moneys payable to Commission for bingo
            
   100.    Regulations as to bingo

           Division 7 -- Lotteries, and amusements with prizes etc.  

   101.    Terms used
            
   102.    Certain lotteries unlawful
            
   103.    Permitted lotteries (deemed)
            
   104.    Permits for lotteries; duties of holders of permit for standard lottery
            
   104AA.  Commission may require bank guarantee for certain standard lotteries
            
   104AB.  Commission’s powers if bank guarantee provided
            
   104AC.  Commission may demand payment under bank guarantee
            
   104AD.  Commission must give notice in relation to bank guarantee
            
   104AE.  Commission to deal with money paid under bank guarantee
            
   104AF.  Return of bank guarantee
            
   104A.   Commission not liable for unpaid lottery prizes
            
   104B.   Licensing of suppliers of lottery tickets
            
   104C.   Licences of licensed suppliers, cancelling etc.
            
   104D.   Refusal or cancellation of supplier’s licence, Commission to report to Minister; appeals to Minister
            
   104E.   Suppliers to give Commission tickets if licence cancelled etc.
            
   104F.   Licensed suppliers to lodge returns and pay continuing lotteries levy
            
   104G.   Continuing lotteries levy, application of
            
   104H.   Exemption from levy
            
   104I.   Refund of levy
            
   104J.   Tickets, protecting and accounting for; estimating levy for lost etc. tickets
            
   104K.   Tickets may be given to Commission for destruction
            
   104L.   Offences by licensed suppliers
            
   104M.   Offences involving continuing lottery tickets
            
   105.    Continuing lotteries, use of vending machines to sell tickets for
            
   106.    Offences involving lotteries
            
   107.    Amusements with prizes, which are permitted
            
   108.    Some fund raising activities deemed permitted amusement with prizes
            
   109.    Regulations for this Division

           Division 8 -- Unclaimed winnings  

   109A.   Terms used
            
   109B.   Unclaimed winnings, Commission to be notified of etc.
            
   109C.   Gaming Community Trust Account
            
   109D.   Gaming Community Trust

   PART VA -- Supervision of RWWA  

   109E.   Gambling operations of RWWA, meaning of
            
   109F.   Supervision of RWWA by Commission etc.
            
   109G.   Directions to RWWA, Commission may give
            
   109H.   Contravention of directions
            
   109I.   Complaints about RWWA, Commission’s functions as to
            
   109J.   Reports on and inquiries into RWWA
            
   109K.   Report or inquiry under s. 109J, Minister’s powers following

   PART VI -- Ancillary  

   110.    Gambling on premises licensed for retail sale of liquor
            
   110A.   Sports Wagering Account
            
   110B.   Racing Bets Levy Account
            
   110C.   Provision of information to Commission
            
   110D.   Delegation by CEO
            
   111.    Burswood Casino Agreement cl. 22, when Commission may decide questions as to
            
   112.    Transitional provisions as to Casino Control Act 1984
            
   117.    Regulations

   PART 7 -- Transitional provisions for Gambling Legislation Amendment Act 2024  

   118.    Term used: commencement day
            
   119.    Application of Interpretation Act 1984
            
   120.    Infringement notices
            
   121.    Gaming Community Trust Account and Racing Bets Levy Account
            
   122.    Sports Wagering Account
            
   123.    Transitional regulations
            
           Uncommenced provisions table
            
           Other notes
           Defined terms