Western Australian Current Acts

GAMING AND WAGERING COMMISSION ACT 1987 - SECT 42

42 .         Prohibited gaming and unlawful games defined and offences as to

        (1)         Subject to subsection (3), the conduct of gaming by means of or the playing of —

            (a)         thimblerig; or

            (b)         two-up, other than permitted two-up; or

            (c)         a game of a kind to which section 46(2)(a) refers or the playing of which would contravene the prohibitions referred to in section 46(2)(b), other than at Burswood Casino; or

            (d)         gaming equipment to which section 85 applies; or

            (e)         unless the play constitutes permitted gaming or social gambling —

                  (i)         any game the conduct or playing of which is declared to be unlawful, or to be unlawful in prescribed circumstances, pursuant to this Act; or

                  (ii)         any game that is a variant of, or of a similar nature to, a game of a kind referred to in paragraph (a), (b) or (c) where the chances therein are not equally favourable to all the players; or

                  (iii)         except where subsection (3)(b) applies, any game of chance at any public place to which the public have or are permitted to have access,

                is prohibited.

        (2)         Any game —

            (a)         of a kind the conduct or playing of which is, subject to subsection (3), prohibited by subsection (1); or

            (b)         of any kind when played at a common gaming house,

                is for the purposes of this Act or any other law deemed to be an unlawful game.

        (3)         The prohibition declared in subsection (1) shall not have effect in relation to the playing of —

            (a)         games with prizes being games of chance and skill combined in which skill is the predominant factor where —

                  (i)         the games are played at an agricultural show, a pleasure fair, a fete, or another like event; and

                  (ii)         the opportunity to win prizes at those games is not the only, or the only substantial, inducement to attend the show, fair, fete, or other event;

            (b)         games of chance not played for winnings in money or money’s worth, played at a public place to which the public have or are permitted to have access;

            (c)         any other game, otherwise than in a common gaming house, if the game —

                  (i)         is of a kind specified; and

                  (ii)         is played in the circumstances specified; and

                  (iii)         is so played as to comply with such conditions (if any) as may be prescribed,

                by regulations made for the purposes of this subsection.

        (4)         Any person who is knowingly concerned in the conduct of an unlawful game commits an offence.

        Penalty for this subsection: a fine of $50 000.

        (5)         A person who plays, or wagers at or in relation to, an unlawful game commits an offence.

        Penalty for this subsection: a fine of $5 000.

        [Section 42 amended: No. 35 of 2003 s. 144; No. 50 of 2003 s. 66(4); No. 41 of 2018 s. 25(1); No. 53 of 2024 s. 71.]