Western Australian Current Acts Western Australian Current Acts (1) This section does
not, subject to subsection (3), apply to or in relation to —
(a)
betting to which the Betting Control Act 1954 applies; or
(b) any
other gambling on the result of a race of any kind by horses, whether ridden
or driven, or by greyhounds.
(2) Subject to
subsection (1), gambling which —
(a) is
spontaneous, notwithstanding that it may occur regularly, habitually or by
arrangement between the persons involved; and
(b) is
not promoted or conducted by or for the private gain of any person not
participating in the gambling; and
(c) is
so conducted that —
(i)
no person is defrauded or cheated; and
(ii)
no charge in money or money’s worth (apart from any
stakes hazarded or wagers placed) is made in respect of the gambling, and that
no levy is charged on any of the stakes or wagers or on the winnings of any of
the players, whether by way of direct payment, by deduction, or by any other
means; and
(iii)
no money or money’s worth which any of the players
puts down as stakes, or pays by way of losses, or exchanges for tokens used in
playing the game or wagering, is disposed of otherwise than by payment to a
person participating in the gambling as winnings;
and
(d) is
not conducted in circumstances that indicate that the mental, physical or
moral welfare of any child under the age of 16 years is likely to be in
jeopardy; and
(e) does
not contravene the requirements of the person responsible for the premises
where it occurs; and
(f) is
not —
(i)
two-up; or
(ii)
a game of a kind which by the operation of section 46(2)
is not capable of being authorised by way of permitted gaming; or
(iii)
prescribed as a game in respect to which social gambling
is prohibited;
and
(g)
being gaming, by the nature of the game is such that the chances in the game
—
(i)
are equally favourable to all the players; or
(ii)
lie between the player and some other person, or (if
there are 2 or more players) lie wholly or partly between the players and some
other person, and those chances are as favourable to the player or players as
they are to that other person,
shall be taken to
constitute social gambling and is not unlawful.
(3) The making of a
bet within the meaning of the Betting Control Act 1954 by a person with
another person, neither being a person who —
(a)
holds a current licence as a bookmaker under that Act; or
(b) by
way of business in any manner holds himself out, or permits himself to be held
out, as a person who receives or negotiates wagers or who, whether
occasionally or regularly, carries on the business of receiving or negotiating
wagers; or
(c) is
employed by or acts on behalf of a person of the kind referred to in paragraph
(a) or paragraph (b),
shall be taken to
constitute social gambling and is not unlawful.
(4) The conduct of, or
participation in, a lottery on the result of a race of any kind by a person or
persons, not being a person or persons of a kind referred to in subsection
(3)(a), (b) or (c), on or in the week preceding the day on which that race
occurs, not being a lottery conducted for the purposes of private gain or any
commercial undertaking, shall be taken to constitute social gambling and is
not unlawful.
(5) For the purposes
of this section, a payment which constitutes payment of, or of a periodic
instalment of, an annual membership subscription to a body of persons, or
which constitutes payment of an entrance subscription for membership of such
body, shall not be taken to be a charge made in respect of gambling occurring
at premises conducted by that body so long as the gambling is not conducted by
or on behalf of that body.
(6) Where in any other
written law a reference to gambling, gaming or wagering, or to betting, is
construed as a reference to gambling, gaming, wagering or betting that is
unlawful that reference shall be taken not to refer to social gambling.
[Section 64 amended: No. 24 of 1998 s. 53; No. 35
of 2003 s. 150 and 166.]
[Division 3 (s. 65-79) deleted: No. 16 of 1990 s. 31.]