Western Australian Current Acts

GAMING AND WAGERING COMMISSION ACT 1987 - SECT 46

46 .         Permitted gaming defined

        (1)         Gaming may be lawfully conducted, and lawfully participated in, where —

            (a)         it occurs on a day and at a time authorised by a relevant gaming permit; and

            (b)         it takes place at premises authorised by the permit to be used for permitted gaming of that kind; and

            (c)         it is of a kind authorised by the permit; and

            (d)         it is conducted by the permit holder or a person acting on behalf of and subject to the direction of the permit holder; and

            (e)         it does not contravene any condition imposed in respect of the permit.

        (2A)         Gaming that is prescribed for the purposes of this subsection may be lawfully conducted and lawfully participated in.

        (2)         Except in so far as regulations made under this Act may otherwise provide or a permit specifically states, a permit does not authorise the playing of any kind of game —

            (a)         which is declared to be an authorised game under section 22 of the Casino Control Act 1984 to be played in a licensed casino or which, although not so declared, is commonly played in casinos (whether in Australia or elsewhere); or

            (b)         which in that particular part of the State, or in those circumstances, would be subject to the prohibitions contained in clause 22 of the Agreement referred to in section 3 of the Casino (Burswood Island) Agreement Act 1985 ,

                not being a game of a kind referred to in clause 22(5) of that Agreement, and every permit shall be deemed to be subject to an implied condition to that effect which shall not be required to be noted on the permit or in the register.

        (3)         For the purposes of any proceedings relating to a breach of the implied condition referred to in subsection (2), or of construing any permit or written law relating to gambling, a reference to a particular kind of game shall be taken to include a reference to any game (whether or not alleged to be a variation or derivative of the first-mentioned game and by whatever name called) which is of a kind essentially similar to that game.

        (4)         A permit does not authorise the conduct of, or participation in, gaming on Christmas Day, or Good Friday or, except in the case of permitted two-up, on the morning of Anzac Day.

        [Section 46 amended: No. 24 of 1998 s. 50; No. 35 of 2003 s. 166 and 167; No. 25 of 2011 s. 8.]