Western Australian Current Acts

GAMING AND WAGERING COMMISSION ACT 1987 - SECT 49

49 .         Applications for issue or renewal of permit, matters that may be considered when deciding

        (1)         In determining any application for the issue or renewal of a gaming permit regard may be had to —

            (a)         whether or not the applicant is a fit and proper person to hold a permit, likely to be capable of and diligent in, securing that this Act will not be contravened and that any permitted gaming will be conducted fairly and properly; and

            (b)         any arrangement or circumstances whereby the benefit arising from the holding of the permit may accrue to any other person; and

            (c)         the need for persons having relevant experience to be in attendance at, and where appropriate to conduct, the gaming; and

            (d)         the gaming equipment or other apparatus that may be required to conduct the gaming, and any need for the approval of the Commission to be obtained to the supply or use of that apparatus; and

            (e)         the facilities available for the occasion, and the state of the premises where gaming is to occur or which may reasonably be required to be used by participants in or persons present at the gaming; and

            (f)         the circumstances existing in the immediate vicinity of the premises and any other relevant factor whereby persons may reasonably be disturbed or offended by the proposed use of the premises, taking into consideration the needs of the public.

        (2)         In determining any application for the renewal of a permit regard may be had to —

            (a)         any matters to which subsection (1) refers; and

            (b)         the manner in which —

                  (i)         gaming has been conducted; and

                  (ii)         the premises have been maintained; and

                  (iii)         the use of the premises for gaming has affected the circumstances existing in the immediate vicinity of the premises, other permitted gaming operations, and the needs of the public; and

                  (iv)         persons participating in or present at the gaming have made use of the premises and facilities provided;

                and

            (c)         any circumstances warranting a change in the manner in which any fee or charge is assessed or is paid, and generally as to the nature and amount of the fees and charges payable; and

            (d)         the eligibility and suitability of the applicant in the light of experience; and

            (e)         any further or other considerations or circumstances that may be relevant.

        (3)         For the purposes of this section —

            (a)         the way in which permitted gaming is conducted by the applicant or by persons employed by him or acting on his behalf, or who are in the opinion of the Commission associated with him, shall be material; and

            (b)         a permit shall not be issued if in the opinion of the Commission the gaming thereby to be authorised would be likely to be conducted for the benefit of a person who would himself be refused a permit as not being a fit and proper person to hold a permit.

        [Section 49 amended: No. 35 of 2003 s. 167.]