Western Australian Current Acts Western Australian Current Acts (1) Premises shall be
deemed to be a common gaming house if persons habitually congregate there for
the purpose of gambling, or section 40(1)(b) applies, and a person —
(a) for
gain or reward provides facilities there for others; or
(b)
permits or suffers others,
to use the premises as
a place for gambling, other than permitted gaming or social gambling, either
with himself or between themselves.
(2) For the purposes
of this section, the playing of a game of a kind which is prohibited by
section 42(1) shall be deemed to be gaming.
(3) Where any premises
are opened, kept or used as a common gaming house —
(a) a
person concerned in the conduct of the gambling; and
(b) the
owner of the premises, unless he proves that he did not know and could not
reasonably be expected to have known that gambling would take place at the
premises; and
(c) a
person other than the owner of the premises who, knowing or having reasonable
cause to suspect that gambling, other than permitted gaming or social
gambling, would take place at the premises —
(i)
allowed the premises to be used for such a purpose; or
(ii)
let the premises, or otherwise made the premises
available, to any person by whom an offence in connection with the premises or
any gambling there has been committed,
commits an offence.
Penalty for this subsection: a fine of $100 000.
(4) For the purposes
of subsection (3), any person who —
(a)
causes, procures or attempts to procure any other person to commit an offence
of a kind referred to in that subsection; or
(b)
knowingly takes part in procuring the assembly of the players; or
(c)
assists in the provision of facilities by —
(i)
providing, servicing, operating or using any gaming
equipment or instrument of gaming; or
(ii)
issuing, receiving or recording money, tokens or other
consideration used in the gambling or cheques or value given or credit
provided in respect of any such money, tokens or consideration in respect of
winnings or losses; or
(iii)
supervising, controlling or accounting for any gambling,
shall be deemed to
have been concerned in the conduct of the gambling.
(5) The court by or
before which a person is convicted of an offence under subsection (3) shall
order any gaming equipment, instruments of gaming or related furnishings, and
any money or other thing which has been seized and which the court is
satisfied was found to be on the premises at the time of the offence, not
being money or a thing shown to the satisfaction of the court not to relate to
the offence, to be forfeited to the Crown.
(6) A person who is
present at a common gaming house when any gambling is conducted for the
purpose of taking part in that gambling or in other gambling conducted there
commits an offence.
Penalty for this subsection: a fine of $5 000.
(7) In so far as they
are inconsistent with this Act, the rules of law relating to common gaming
houses and common betting houses are abolished.
(8) Any money or other
consideration received by a person referred to in subsection (4) from another
person in the circumstances referred to in paragraph (c)(ii) of that
subsection is to be taken to have been received on trust by the person for the
other person and may be recovered accordingly in a court of competent
jurisdiction.
[Section 41 amended: No. 24 of 1998 s. 47; No. 35
of 2003 s. 143 and 166; No. 59 of 2006 s. 52; No. 41 of 2018 s. 25(1); No. 53
of 2024 s. 51 and 71.]