Western Australian Current Acts Western Australian Current Acts (1) The conduct of
gaming by means of, or the playing of games using or the making of wagers by
reference to —
(a) any
gaming machine (not being a video machine authorised for use in a licensed
casino pursuant to the Casino Control Act 1984 or a machine used in accordance
with a permit or written law) of the kind generally known or described as a
poker machine, fruit machine or roulette machine or any machine in the nature
of or similar to a machine of that kind including a video machine that
reproduces in a form suitable for playing by means of the video machine any
kind of game —
(i)
that is declared to be an authorised game under
section 22 of the Casino Control Act 1984 to be played in a licensed casino;
or
(ii)
that, although not so declared, is commonly played in
casinos (whether in Australia or elsewhere); or
(iii)
that is a variation or derivative of a game referred to
in subparagraph (i) or (ii);
or
(b) any
other gaming machine, not being a machine used —
(i)
as a slot machine; or
(ii)
in accordance with a permit or written law;
or
(c)
gaming equipment of a kind which contravenes, or in the circumstances in which
it is found contravenes, a prohibition proclaimed under subsection (2),
is prohibited and
constitutes unlawful gaming, and a game played with that gaming equipment or
in relation to which it is used shall for the purposes of section 42(2) be
deemed to be an unlawful game.
(2) On the
recommendation of the Commission, where the Governor is satisfied that the use
of any kind of gaming equipment may be undesirable, in the public interest or
otherwise, he may by proclamation prohibit the use of gaming equipment of that
kind in relation to gambling generally or in accordance with the tenor of the
proclamation and may prohibit possession of any such gaming equipment.
(3) An authorised
officer or member of the Police Force finding anything that he has reasonable
grounds to suspect may be an unlawful gaming machine, or be a kind of gaming
equipment the use or possession of which may contravene, or in the
circumstances in which it is found may contravene, a prohibition proclaimed
under subsection (2), may —
(a)
require the person having the machine or other gaming equipment in his
possession to permit it to be examined on behalf of the Commission, and may
require that person to take all such steps as may be reasonably necessary to
facilitate that examination; and
(b)
where he is satisfied that the thing is unlawful gaming equipment that the
person is not entitled to possess under this Act, or if the person fails to
comply with a requirement made of him under paragraph (a), seize and take away
that gaming equipment and cause or permit it to be examined, using such force
as may be necessary, on behalf of the Commission, and sections 31 and 32 shall
have effect in relation to the thing so seized and any money or tokens found
therein.
(4) Subject to
subsections (5) and (6A), a person having in his possession —
(a) an
unlawful gaming machine; or
(b) any
other gaming equipment that contravenes, or in circumstances that contravene,
a prohibition proclaimed under subsection (2),
commits an offence.
Penalty for this subsection: a fine of $100 000.
(5) Subsection (4)
does not apply to an authorised person having possession of a gaming machine
or gaming equipment of a kind referred to in that subsection —
(a) for
the purpose of testing, examining, maintaining or repairing the gaming machine
or gaming equipment, or for any purpose approved by the Commission; or
(b) in
connection with the manufacture of gaming machines or gaming equipment.
(6A) Subsection (4)
does not apply to the possession of a gaming machine or gaming equipment of a
kind referred to in that subsection, in prescribed circumstances.
(6) In subsection (5)
—
authorised person means the Commission or a person
authorised in writing by the Commission.
[Section 85 amended: No. 24 of 1998 s. 58; No. 6
of 2000 s. 11; No. 35 of 2003 s. 156 and 166; No. 25 of 2011 s. 11; No. 41 of
2018 s. 25(1); No. 53 of 2024 s. 55.]