Western Australian Current Acts

GAMING AND WAGERING COMMISSION ACT 1987 - SECT 36

36 .         Infringement notices

        (1)         In this section —

        relevant Act means —

            (a)         this Act; and

            (b)         the Betting Control Act 1954 ; and

            (c)         the Casino (Burswood Island) Agreement Act 1985 ; and

            (d)         the Casino Control Act 1984 ; and

            (e)         an Act relating to the regulation of gambling, including the regulation of casinos, prescribed for the purposes of this definition.

        (2)         If a relevant Act is a prescribed Act for the purposes of the Criminal Procedure Act 2004 Part 2, this section has effect in relation to issuing infringement notices under that Part for alleged offences under the relevant Act and in relation to infringement notices so issued.

        (3)         For the purposes of the Criminal Procedure Act 2004 Part 2 —

            (a)         the Commission may perform the functions of an approved officer under the Criminal Procedure Act 2004 Part 2; and

            (b)         an authorised officer or a member of the Police Force (a police officer ) may perform the functions of an authorised officer under the Criminal Procedure Act 2004 Part 2.

        (4)         An infringement notice must be served within —

            (a)         28 days after the day on which an authorised officer or police officer becomes aware that the alleged offence has or may have been committed; and

            (b)         6 months after the day on which the alleged offence is believed to have been committed.

        (5)         For the purposes of the Criminal Procedure Act 2004 section 7(2), the means by which an authorised officer or a police officer can show that they are authorised to issue infringement notices is —

            (a)         for an authorised officer — their certificate of appointment under section 21(1); and

            (b)         for a police officer — evidence that they are a police officer which (where relevant) includes that they are in uniform.

        (6)         For the purposes of the Criminal Procedure Act 2004 section 15(2), the form of the notice that an infringement notice has been withdrawn may be prescribed under this Act for each other relevant Act.

        (7)         Money paid as a modified penalty is, subject to the Criminal Procedure Act 2004 section 15(4), to be dealt with under section 9(2) as money received by the Commission.

        (8)         The Criminal Procedure Act 2004 Part 2 is modified to the extent necessary to give effect to this section.

        [Section 36 inserted: No. 53 of 2024 s. 49.]