Western Australian Current Acts Western Australian Current Acts (1) Where a person is
charged with an offence in relation to any premises alleged to be a common
gaming house —
(a) it
shall be presumed that an element of gain or reward was involved, unless the
contrary is proved, if it is shown that paragraph (b), or any one or more of
the circumstances referred to in paragraph (c), applied;
(b) it
shall not be necessary to prove that a number of persons habitually
congregated at the premises, if at the time of the alleged offence 8 or more
persons were present at those premises;
(c) it
shall be sufficient evidence to support the allegation that any premises were,
or were opened, kept or used as, a common gaming house if it is proved in
relation to any game there played that —
(i)
the game is an unlawful game; or
(ii)
the game involves playing, staking or wagering against a
bank, whether the bank is held by one of the players or not; or
(iii)
the nature of the game is such that the chances in the
game are not equally favourable to all players; or
(iv)
the nature of the game is such that the chances in it lie
between the player and some other person, or (if there are 2 or more players)
lie wholly or partly between the players and some other person, and those
chances are not as favourable to the player or players as they are to that
other person; or
(v)
the gaming was so conducted that the chances therein were
not equally favourable to all the players; or
(vi)
a charge, in money or money’s worth (apart from any
stakes hazarded or wagers placed) was made in respect of the gaming or
wagering, or a levy was charged on any of the stakes or wagers or on the
winnings of any of the players, whether by way of direct payment, by
deduction, or by any other means.
(2) Where a person is
convicted of an offence in relation to any premises found to be a common
gaming house, any gaming equipment or instruments of gaming and any books,
furniture or furnishings found at the premises shall, until the contrary is
proved, be deemed to have been used in, or ancillary to, the conduct of the
premises as a common gaming house.
(3) Despite any rule
of law, premises shall not be taken to be a common gaming house or a common
betting house by reason only of the carrying on there of gaming or wagering.
(3a) It shall be a
defence for a person charged with an offence under section 41 in relation to
gaming or wagering at any premises to show that the gaming or wagering was
permitted gaming or social gambling.
(4) Where —
(a) any
gaming equipment is, or instruments of gaming are, found at any premises
authorised to be entered or about the person of any of those found there; or
(b) any
door to, or access or passage to or in, any premises so authorised to be
entered is found to be fitted or provided with any means or contrivance
intended or adapted or used so as to prevent, obstruct, delay or hinder entry
by any such authorised person, or for giving information, as to, or an alarm
in case of, any such entry; or
(c) any
premises are found to be fitted or provided with any means or contrivance
related to the conduct of unlawful gaming or for removing or concealing any
gaming equipment or instruments of gaming; or
(d) any
authorised officer or member of the Police Force empowered under this Act to
enter any premises is knowingly prevented from, or is wilfully assaulted,
resisted, obstructed, delayed or hindered in, entering any premises,
it is admissible as
evidence that the premises are used as a common gaming house and any persons
found there may, unless the contrary is proved, be presumed to have been
present for the purpose of gaming.
[Section 40 amended: No. 35 of 2003 s. 141.]