Western Australian Current Acts Western Australian Current Acts (1) Subject to this
Act, any person may apply to the Commission for his or its approval by the
Commission as a person eligible to be the holder of a gaming permit.
(2) The Commission
shall not approve a person as eligible to hold a permit unless —
(a)
where the applicant comprises a body of persons, corporate or unincorporate,
an individual approved by the Commission is appointed by and on behalf of that
body to be responsible for the conduct of the gaming as nominee permit holder;
and
(b) the
Commission is satisfied —
(i)
that the applicant is, or is concerned in the
administration of and makes the application on behalf of, a club, society,
institution, organisation, association or other body of persons being a body
which, subject to section 81(2), section 95(2) and section 104, has as the
principal object of the proposed gaming the raising of moneys in good faith
for the active promotion, support or conduct of any sporting, social,
political, literary, artistic, scientific, benevolent, charitable or other
like activity detailed in the application; and
(ii)
that the gaming is not to be promoted or otherwise
conducted for the purposes of private gain or any commercial undertaking; and
(iii)
the proceeds of the gaming, after deduction of proper
expenses and of prizes, are to be used for the benefit of the activities
detailed in the application.
(3) Where an
individual is, from time to time, appointed as the nominee permit holder on
behalf of a body of persons for the purposes of this section —
(a) that
individual shall be primarily responsible for the conduct of the gaming to
which the permit relates and where an element of an offence under this Act is
an act or omission on the part of that body of persons the nominee may be
charged with the offence; and
(b) that
individual is entitled to be indemnified by the body of persons by which he
was appointed as nominee in respect of any penalty imposed under this Act.
(4) Where a person is
approved as eligible to hold a permit —
(a) a
permit may be issued to that person, but shall where the applicant comprises a
body of persons be issued to a person who is an approved nominee; and
(b) the
Commission, or in a case to which section 52(a) refers the magistrate, shall
cause to be specified on the permit —
(i)
the name of that person and of any body for which he is
the nominee permit holder; and
(ii)
the date of the issue, and the duration, of the permit
and where it is a function permit, the nature of the function; and
(iii)
particulars of the premises where the gaming is to be
conducted; and
(iv)
the kind of gaming authorised by the permit,
and
(c)
where the application relates to a permit of a continuing nature, such other
particulars as may be prescribed or as the Commission thinks fit, shall be
endorsed on the permit,
and particulars of any
conditions imposed, other than implied or prescribed conditions, shall be
endorsed on or annexed to the permit and the Commission or that magistrate
shall cause the relevant particulars to be noted in the register.
[Section 51 amended: No. 24 of 1998 s. 51; No. 35
of 2003 s. 167; No. 84 of 2004 s. 80.]