Western Australian Current Acts

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GAMING AND WAGERING COMMISSION ACT 1987 - SECT 43A

43A .         Advertising unlawful gambling

        (1)         In this section —

        prohibited advertisement means any form of advertisement that conveys, or is likely to be understood as conveying —

            (a)         the existence of a common gaming house (as defined in section 41(1)); or

            (b)         the existence of a person (in this State or elsewhere) who will, on application, give information or advice with respect to unlawful wagering, to unlawful gaming or to an unlawful lottery; or

            (c)         the existence of a person (in this State or elsewhere) who will, on application, engage in or conduct unlawful wagering, unlawful gaming or an unlawful lottery;

        unlawful gaming means gaming other than —

            (a)         permitted gaming; and

            (b)         social gambling;

        unlawful wagering means wagering other than social gambling.

        (2)         A person who broadcasts, prints, publishes or distributes, or has in his or her possession for the purpose of publication or distribution, a prohibited advertisement, commits an offence.

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

        (3)         A person who broadcasts, prints, publishes or distributes, or has in his or her possession for the purpose of publication or distribution, an advertisement that conveys, or is likely to be understood as conveying, the existence of a person (in this State or elsewhere) other than —

            (a)         RWWA; or

            (b)         the Lotteries Commission established under the Lotteries Commission Act 1990 ; or

            (c)         the holder of an approval, authorisation, permit or licence issued under this Act, the Betting Control Act 1954 or the Casino Control Act 1984 ; or

            (da)         a person who in another State or a Territory is authorised under a law of the State or Territory to engage in or conduct the business of betting on events; or

            (d)         any other person or class of person prescribed by the regulations,

                who will, on application, engage in or conduct gaming, wagering or a lottery, commits an offence.

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

        (4)         In subsection (3)(c) —

        approval does not include an approval under the Betting Control Act 1954 section 27D(2).

        [Section 43A inserted: No. 35 of 2003 s. 145; amended: No. 70 of 2006 s. 9(2); No. 8 of 2007 s. 13; No. 29 of 2009 s. 19; No. 41 of 2018 s. 19 and 25(1); No. 53 of 2024 s. 71.]



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