Western Australian Current Acts Western Australian Current Acts (1) Regulations made
under this Act may prohibit, or impose conditions in relation to —
(a) the
sale, supply, maintenance or repair of prescribed gaming equipment; and
(b) the
use or possession of prescribed gaming equipment; and
(c) the
sale or supply of tokens for use in prescribed gaming equipment.
(2) The regulations,
or a permit authorising the conduct of gaming by means of gaming equipment,
may impose conditions in relation to the operation of the prescribed gaming
equipment, including conditions —
(a) that
a gaming machine shall not be a machine which, in accordance with the way in
which the machine is constructed, adapted or for the time being regulated, is
designed to pay out less than a prescribed percentage of the aggregate value
of the money or money’s worth paid by or on behalf of a player in order
to play one or more games by means of the machine; and
(b) that
play shall not take place using the gaming equipment unless the equipment is
operated by a person approved by the Commission; and
(c) that
a statement as to the value or nature of the prizes that can be won be
displayed in a prescribed manner; and
(d) that
no person who is not approved by the Commission for the purpose shall remove
from any gaming machine any money, other than any money delivered by the
machine as, or as part of, a prize in respect of a game played by means of the
machine.
(3) A person shall not
—
(a) as
principal, or as a servant or agent, sell or supply any gaming equipment
otherwise than in circumstances to which subsection (4) applies; or
(b) as
principal undertake for valuable consideration, or cause or permit another
person to enter into such an undertaking on his behalf, to maintain the
mechanism of any gaming equipment,
being prescribed
gaming equipment to which this subsection is by the regulations applied,
unless the person so acting —
(c)
being a principal is the holder of a relevant and current certificate issued
under this section by the Commission; or
(d)
being a servant or agent of another person, sells or supplies the gaming
equipment on behalf of a person who is the holder of such a certificate.
Penalty for this subsection: a fine of $100 000.
(4) Subsection (3)(a)
does not apply —
(a) to
the sale of gaming equipment of any particular class or kind to a person who
carries on a business which consists of or includes selling or supplying
gaming equipment of that class or kind; or
(b) to
the sale or supply of gaming equipment to a person who at no time has
possession of the equipment and becomes the owner of it only for the purpose
of arranging financial accommodation for another person to permit that other
person to purchase or be supplied with the equipment; or
(c) to
the sale or supply of inoperable gaming equipment as scrap; or
(d) to
any transaction whereby approved premises in which the gaming equipment is
installed are sold or let and the equipment is sold or supplied to a purchaser
or tenant, who is an assignee acceptable to the Commission in relation to the
approval of those premises, as part of the fixtures and fittings of those
premises.
(5) A certificate for
the purposes of this section may be issued by the Commission on payment of the
prescribed fee to any person who satisfies the Commission that he is competent
and a fit and proper person to perform the operation to which the certificate
relates, and shall have effect —
(a) in
relation to the gaming equipment or gaming equipment of the kind therein
specified in the circumstances so specified; or
(b) in
relation to —
(i)
the gaming equipment, or gaming equipment of the kind;
and
(ii)
the period, not being a period in excess of 5 years; and
(iii)
the operations as to sale or supply, or as to maintenance
of the mechanism of the respective kinds of gaming equipment,
therein specified,
and is renewable, but
may be revoked at the discretion of the Commission pursuant to subsection (6).
(6) A certificate may
be revoked by the Commission by notice in writing given to the holder at the
address specified in the certificate, as from the end of a period (of not less
than 7 days from the date of service of the notice) as specified in that
notice, and the revocation takes effect at the end of that period.
(7) In determining
whether a person is competent and a fit and proper person to perform relevant
operations regard shall be had in particular to the way in which business is
conducted by him and by persons employed by him or acting on his behalf.
(8) A person shall not
be taken to be a fit and proper person to perform relevant operations if those
operations are, or if the certificate in question were issued or renewed would
be, performed by him as servant or agent of, or otherwise for the benefit of,
a person who would himself be refused a certificate as not being a fit and
proper person to perform those operations.
[Section 88 amended: No. 41 of 2018 s. 25(1); No.
53 of 2024 s. 71.]