Western Australian Current Acts Western Australian Current Acts (1) Except where
—
(a) a
regulation made under this Act, pursuant to subsection (4) or otherwise; or
(b) a
condition imposed in respect of a permit,
otherwise provides, no
gambling shall be conducted in circumstances where (apart from any stakes
hazarded or wagers placed) a charge, in money or money’s worth, is made
in respect of that gambling.
(2) Subject to
subsections (3), (4) and (5), any admission charge shall, unless the contrary
is proved, be taken to be a charge made in respect of the gambling.
(3) Where it is shown
that a club, society, institution, organisation, association or other body of
persons is so constituted and conducted, in respect of membership and
otherwise, as not to be of a temporary character, a payment which constitutes
payment of, or of a quarterly or half-yearly instalment of, an annual
subscription to that body, or of an entrance subscription not made in respect
of temporary membership, shall not be taken to be a charge made in respect of
the gambling, notwithstanding that it operates as an admission charge.
(4) Regulations made
under this Act may impose an implied condition providing that a charge may be
made in respect of any person for the right to take part in the permitted
gaming, or permitted gaming of a prescribed kind or in prescribed
circumstances, where the charge, or if more than one the aggregate amount of
the charges, made on any one day or in respect of any one prescribed period
does not exceed such sum as is prescribed.
(5) Where permitted
gaming takes place on approved premises, charges may be made in respect of the
gaming in such circumstances as a condition imposed in relation to a permit in
respect of that gaming, or to permitted gaming of that kind, may provide, and
any such condition —
(a) may
enable different charges to be made in respect of different facilities
(whether provided in different parts of the same premises or by way of
different games or of the same game played at different tables or otherwise)
or in respect of permitted gaming facilities provided at the premises during
different sessions of play; and
(b) may
provide that a levy, of such amount or calculated in such a manner as is
therein specified, may in circumstances therein specified be charged on the
stakes or on the winnings of the players.
(6) A charge shall not
be made in relation to permitted gaming unless particulars of the charges and
of the circumstances in which they are chargeable —
(a) are
displayed at the premises; and
(b)
where the regulations or a condition so provide —
(i)
the charges are approved by the Commission; and
(ii)
the particulars comprise such matters as the Commission
requires, and are displayed in such a manner and positions as the Commission
requires.
[Section 54 amended: No. 35 of 2003 s. 149, 166
and 167.]