Western Australian Current Acts Western Australian Current Acts (1) Where this Act,
regulations made under this Act or the conditions of a permit specify that
this subsection shall apply in relation to any permitted gaming a person shall
not, pursuant to any service agreement, perform an operation of a kind
referred to in subsection (2) unless there is in force a relevant certificate
issued by the Commission under section 92 for the purposes of this subsection
certifying that he has satisfied the Commission as to his competence and
fitness to perform that operation, or that operation in the circumstances or
on the premises, as the certificate may specify.
Penalty for this subsection: a fine of $20 000.
(2) Subsection (1)
applies to any operation which is performed in relation to the permitted
gaming and consists of —
(a)
taking part in the gaming as a participant; or
(b)
assisting the conduct of permitted gaming by operating or handling any gaming
equipment or instruments of gaming or, in the case of bingo, by calling the
card or otherwise; or
(c)
issuing, receiving or recording cash or tokens used in the gaming, or cheques
given in respect of any such cash or tokens or in respect of sums won or lost
in the gaming; or
(d)
watching, otherwise than as manager, organiser or supervisor —
(i)
the gaming; or
(ii)
the performance by any person in pursuance of a service
agreement of any operation of a kind referred to in this subsection.
(3) In relation to any
approved premises or permit of a continuing nature, the Commission may serve a
notice on any person conducting permitted gaming at those premises or to which
the permit relates, or who appears to the Commission to be concerned in the
conduct of such permitted gaming or to perform, pursuant to a service
agreement, an operation of a kind referred to in subsection (2) in relation to
that permitted gaming, requiring the person on whom the notice is served,
before the end of the period (of not less than 21 days from the date of
service of the notice) as specified in that notice, to obtain the approval of
the Commission to his acting or continuing to act in relation to such
permitted gaming in that capacity.
(4) After the end of
the period specified in a notice served under subsection (3), the person on
whom the notice is served shall not act in relation to permitted gaming to
which the notice refers in a capacity to which the notice refers unless there
is in force a relevant certificate issued by the Commission for the purposes
of this subsection certifying that he has been approved by the Commission for
acting in that capacity in relation to that permitted gaming.
Penalty for this subsection: a fine of $20 000.
(5) In this section
service agreement means any contract of service or for training, or any other
contract, employment or arrangement for the rendering of services of a kind to
which subsection (2) refers for hire or reward.
(6) This Act,
regulations made under this Act, or a condition imposed in respect of any
permitted gaming may provide that the gaming shall be deemed not to be
lawfully conducted unless the person performing an operation specified in
relation to that permitted gaming is a person who is the holder of a relevant
and current certificate issued under section 92 for the purposes of this
subsection.
(7) In determining
whether to issue a certificate for the purposes of subsection (6) the
Commission shall have regard only to the question whether, in their opinion,
the applicant is a fit and proper person and likely to be capable of, and
diligent in, securing that this Act will not be contravened and that any
gaming conducted by him will be conducted fairly and properly.
(8) In subsection (6),
specified means specified in the provision of this Act or of the regulations,
or in the condition, by which the gaming is deemed not to be lawfully
conducted unless that operation is performed by the holder of such a
certificate.
[Section 91 amended: No. 35 of 2003 s. 167; No. 41
of 2018 s. 25(1); No. 53 of 2024 s. 71.]