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 gaming
associated with that game —
(a)
takes place at approved premises, not being a place 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 ; and
(b) is
conducted —
(i)
in the manner in which the game two-up is customarily
conducted in that locality of the State, whether with coins or dice; and
(ia) not
for the purposes of private gain or any commercial undertaking; and
(ii)
pursuant to, and in all respects in accordance with, a
permit issued under section 51 to, or to a nominee permit holder on behalf of,
a person who has made an application 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.
(2) For the purposes
of section 51(2)(b) the Commission may have regard to the recreational and
social aspects of any proposed gaming to which this section applies and
—
(a) is
not required to be satisfied that the principal object of the proposed gaming
is the raising of moneys for any activity or, except where the gaming purports
to be conducted for the benefit of any activity or any charitable or other
particular object, as to the use to which any proceeds are to be put; and
(b) the
gaming shall not be taken to be conducted for the purposes of private gain by
reason only that the ringkeeper on behalf of the operator takes a customary
commission, not exceeding 10%, of —
(i)
all winnings from the spinner, after the spinner has
withdrawn; and
(ii)
the winnings of players who have placed their stakes
through the ringkeeper and who win on heads (or the equivalent where dice are
used),
unless the taking of a
commission is prohibited or restricted by a condition imposed in respect of
the permit.
[(3) deleted]
[Section 81 amended: No. 24 of 1998 s. 55; No. 35
of 2003 s. 152 and 167; No. 25 of 2011 s. 10; No. 41 of 2018 s. 20.]