Western Australian Current Acts Western Australian Current Acts (1) Where persons play
or conduct gaming at the game known as two-up, and that game and the conduct
of gaming associated with that game —
(a)
takes place —
(i)
at or in the vicinity of a racecourse or track under the
control of a country race club; and
(ii)
during the course of the day and, if subsection (1a)
applies, the day after the day on which a race meeting licensed by RWWA under
the RWWA Act or the Racing Restriction Act 2003 is held on that racecourse or
track under the management of that club;
and
(b) is
conducted —
(i)
by or on behalf of the country race club, by a person
authorised in writing by the committee of that club for the purpose; and
(ii)
otherwise than during the racing for that day; and
(iii)
in the manner in which the game two-up is customarily
conducted in that locality of the State, whether with coins or dice; and
(iiia)
not for the purposes of private gain or any commercial undertaking; and
(iv)
pursuant to, and in all respects in accordance with, a
permit issued under section 51 to an approved nominee permit holder on behalf
of that country race club pursuant to an application made by the club
specifically seeking a permit to conduct gaming to which this section applies;
and
(c) does
not contravene any condition —
(i)
specifically imposed in respect of that permit; or
(ii)
implied by section 82 or otherwise prescribed under this
Act,
it shall be taken to
constitute permitted two-up and is not unlawful.
(1a) Subject to
subsection (1b), a permit issued under section 51 that authorises playing or
the conduct of gaming at the game known as two-up to take place during the
course of the day on which a race meeting is held ( race day ) may also
authorise playing or gaming at that game to continue, for the period specified
in the permit, into the day after race day.
(1b) A permit that
authorises playing or gaming at the game known as two-up to continue into the
day after race day ceases to have effect if playing or gaming at that game
does not begin during race day.
(2) A reference in
this section to a country race club is a reference to a club which is not a
club situate inside a radius in any direction of 100 km of the Burswood Casino
as referred to in the Casino (Burswood Island) Agreement Act 1985 .
[Section 80 amended: No. 24 of 1998 s. 54; No. 35
of 2003 s. 151; No. 25 of 2011 s. 9.]