Gaming and Wagering Commission Act 1987

In this Act, unless the contrary intention appears —

a member of the Commission; or

the Chief Casino Officer, a government inspector or any other person appointed for the purposes of section 9(1) of the Casino Control Act 1984; or

a person appointed under section 21(1); or

a person to whom a duty or power is delegated under section 21(2), but only to the extent of the performance of the duty or the exercise of the power;

any scheme or device for the sale, gift, disposal, or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or the drawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever; and

any scheme in which such property is, or is proposed to be, given and in which (at any stage) the person eligible to receive the property as a prize, or to participate further in the scheme, is or is to be determined by lot or chance (whether by the throwing or casting of dice, or the drawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever) or by reference to any event or contingency dependent on chance, regardless of whether (at an earlier or a later stage) a test of knowledge or skill is or may be required to be passed by any person in order to qualify the person to receive a prize or to participate further in the scheme; and

a scheme or device for the disposition of property of the kind commonly known as an art union, raffles, guessing competitions, and the like; and

any disposition of property under any other scheme or competition which the public or any specified section of the public may be or is invited to enter, the nature or conduct of which (though skill on the part of the entrants or competitors purports to be required) is such as in the circumstances of the case to preclude the fair consideration of the answers of the entrants or competitors;

which is provided under, and in all respects in accordance with, a permit; or

to which section 107 or 108 applies;

against whom other persons taking part in the game play or conduct gaming; or

who plays or conducts gaming against the house;

any electrical, electronic or mechanical gaming equipment or other contrivance that is constructed or adapted for use in the game or pretended game; or

any other instrument of gaming;

a computer adapted for communicating by way of the Internet or another communications network; or

a television receiver adapted to allow the viewer to transmit information by way of a cable television network or another communications network; or

a telephone; or

any other electronic device or thing for communicating at a distance;

is approved for the purpose by the person conducting the gaming in relation to which it is used; and

can be exchanged for money or money’s worth or used for playing a game by means of a machine;

without cost to him; or

by reason of the purchase of goods or the use of services, the cost of which is —

no more than that cost would be without the opportunity to take part in the lottery; or

no more than the maximum total cost per entry as is set out in the permit issued under section 104(1);

in the form in which it is customarily conducted; or

in any variation or derivative of the form in which it is customarily conducted, and whether involving the use of coins or dice or other instruments of gaming, and whether the coins or dice or other instruments of gaming are thrown up into the air or down to the ground or otherwise manipulated;

on some question to be decided; or

in support of an assertion or on the issue of a forecast; or

on the outcome of an uncertain happening, or in the event of a doubtful issue,

A reference to the power to amend, in relation to a permit, an approval or a certificate, or to a licence under the Casino Control Act 1984, includes a reference to the power to —

suspend the operation, for a time specified in the notice of amendment or until the happening of an event so specified, of the permit, approval, certificate or licence or of a condition imposed in respect to the permit, approval, certificate, or licence; or

impose conditions or further conditions.

For the purposes of this Act —

any purpose for which a body of persons is established and conducted that is calculated to benefit the body as a whole shall not be held to be a purpose of private gain by reason only that action in the fulfillment of that purpose would result in benefit to any person as an individual; and

any club, society, institution, organisation or association of persons, by whatever name called, and any separate branch or section of such a club, society, institution, organisation or association, shall be taken to constitute a separate body of persons.

For removal of doubt —

section 5(3) of the Betting Control Act 1954 applies in respect of things done under that Act; and

except as specified in paragraph (a) and sections 40A and 64, a reference in this Act to wagering or gambling includes a reference to betting under the Betting Control Act 1954.

There shall be a body, to be known as the Gaming and Wagering Commission of Western Australia, established in accordance with this Act.

The Commission —

is a corporate body which under its corporate name —

has perpetual succession; and

is capable, subject to this Act, of doing and suffering all that bodies corporate may lawfully do or suffer;

may have a common seal, which shall —

be kept in such custody as the Commission directs; and

be used only as authorised by the Commission;

shall be constituted in accordance with section 12.

Subject to the Minister, it shall be the function of the Commission to carry out the administration of this Act.

The Minister may give to the Commission directions of a general character as to the exercise of its function, and the Commission shall give effect to such a direction, but where such a direction does not accord with recommendations of the Commission the Commission may make its advice to the Minister known to the public.

Where the Minister has referred a question or matter to the Commission for advice, the Minister may act notwithstanding that the advice has not been received.

Where advice (including recommendations) is received from the Commission, whether or not at the request or direction of the Minister, the Minister is not bound to act on or give effect to it.

The Commission shall, in so far as that is not inconsistent with this Act, carry out such duties as —

may be required of it by the Minister under or in furtherance of the provisions of this Act or any other Act in relation to gambling; and

are not inconsistent with the Betting Control Act 1954, the RWWA Act, the Lotteries Commission Act 1990 or the Casino Control Act 1984.

It shall be the duty of the Commission —

to administer the law relating to —

gaming; and

subject to the Betting Control Act 1954 and the RWWA Act, wagering;

to keep under review —

the conduct, extent and character of that gaming and wagering; and

the provision, use and location of gaming and wagering facilities;

to formulate and implement policies for the scrutiny, control and regulation of gaming and wagering, taking into account the requirements and interests of the community as a whole and the need to minimise harm caused by gambling; and

to grant, or to withhold or revoke, approval in respect of, and where appropriate to inspect, examine or investigate premises, gaming equipment, operations and persons concerned with gambling in relation to which a permit or certificate is sought; and

to administer all matters relating to any casino complex, licensed casino, casino key employee, casino employee or gaming in a casino, pursuant to the Casino Control Act 1984 and any casino complex agreement; and

to perform the functions of the Commission prescribed by or under the RWWA Act and to administer all matters relating to those functions; and

to cause licences, permits, approvals, authorisations and certificates, as appropriate, to be issued in relation to —

persons;

premises;

casinos;

facilities;

gaming and other equipment;

gambling operations;

to advise the Minister, either of its own motion or upon the request of the Minister, as to any matter relating to gambling; and

to make recommendations to the Minister in relation to the control or supervision of particular kinds of gambling, or gambling in particular circumstances, and as to the making of regulations relating to gambling and the fees and charges to be prescribed; and

to enforce, and to prosecute persons contravening, the laws relating to gambling; and

to perform such other functions as are prescribed by or under this or any other written law.

In carrying out its duties the Commission shall, in so far as is practicable, ensure that the revenue derived pursuant to this Act, and under any other written law relevant to the duties of the Commission, is sufficient to provide for the operating, administrative and other costs of the Commission.

Subject to this Act and the Betting Control Act 1954, the Commission has all such powers as are necessary to carry out its duties.

Without derogating from the generality of subsection (1), the Commission may —

formulate and implement policies for the administration and control of the conduct of gaming and wagering in the State; and

approve, or withhold approval from, persons, premises, facilities, gaming or other equipment, games and wagering and gaming operations, for the purposes of this Act or any other written law in relation to gambling; and

formulate and impose prohibitions or conditions to be applicable to, or in relation to —

the conduct of gambling; and

the types of wagering which may or may not be conducted; and

the games which may or may not be played; and

the advertising of live odds during events, whether generally or by specific classes of persons or in a specified manner or place; and

the rules under which wagering is to be conducted and games are to be played;

grant or issue and amend or revoke —

approvals, permits, certificates and authorisations relating to gambling and the use of premises for gambling; and

approvals of associates of wagering licensees under the Betting Control Act 1954 section 10X; and

licences of key employees of wagering licensees under regulations made under the Betting Control Act 1954 section 8; and

subject to the Betting Control Act 1954, licences under that Act relating to wagering; and

subject to the Casino Control Act 1984, licences relating to casinos and the employment of persons in casinos; and

subject to the RWWA Act, licences under that Act relating to directors and key employees;

take steps to minimise harm to the community, or any part of the community, caused by gambling; and

seek, receive, disseminate or publish information relevant to gambling and the incidence of gambling and its effect in the community; and

make prescribed charges and impose prescribed duties and fees.

For the purpose of administering and enforcing the law relating to gambling, and whenever under any written law the Commission is required or authorised to give or withhold approval or to make recommendations on any matter, or anything shall or may be done with or subject to the approval or recommendation of the Commission, the Commission may require such reports to be furnished, and institute and carry out such investigations and inquiries, as the Commission considers to be necessary or expedient.

The funds available to the Commission consist of —

moneys from time to time appropriated by Parliament; and

interest accrued under subsection (6) or moneys otherwise lawfully received by, made available to or payable to the Commission.

An account called the Gaming and Wagering Commission Account is to be established —

as an agency special purpose account under section 16 of the Financial Management Act 2006; or

with the approval of the Treasurer, at a bank as defined in section 3 of that Act,

The Gaming and Wagering Commission Account shall —

be controlled by the Commission; and

be operated in such manner as the Treasurer approves from time to time; and

subject to subsection (4)(a) and (c), be applied only for the purposes of the Casino Control Act 1984, the Betting Control Act 1954 and this Act,

There shall be paid from the moneys from time to time credited to or placed to the credit of the Account —

the cost of administering this Act, and any other written law relating to gambling in so far as it is administered by the Commission; and

any other expenditure lawfully incurred for a purpose determined by the Commission and approved by the Minister; and

any surplus moneys required by the Treasurer with the agreement of the Minister to be credited to the Consolidated Account.

The Commission shall pay to the Treasurer such amounts, if any, as are fixed by the Treasurer —

as the interest and sinking fund contributions for each financial year in respect of such proportion of the Consolidated Account as is, or has been, applied for any purpose to which the function of the Commission relates; and

for the use by the Commission of government buildings or other government property, or for services rendered or facilities provided by any officer of the Public Service, the Police Force, or an instrumentality or agency of the Government,

The Commission may, subject to the approval of the Treasurer, temporarily invest moneys standing to the credit of the Account until those moneys are required for the purposes of the Commission.

Subject to the approval of the Treasurer, the Commission may acquire, hold and dispose of real and personal property, borrow moneys, and give security for financial accommodation.

The Treasurer may delegate his power of approval under subsection (1) to the Under Treasurer of the State or to any other officer of the Treasury, and that approval may then be given by the delegate in general terms as regards particular types of transaction authorised by the instrument of delegation.

A member of the Commission, a person appointed a member of a committee of the Commission, or a person co‑opted to the Commission may be paid such remuneration and allowances as the Minister, on the recommendation of the Public Sector Commissioner, determines.

If a person who would be eligible to receive remuneration or allowances under this Act is or becomes a member of, or a candidate for election to, the Parliament of the State or of another State or of a Territory or of the Commonwealth, the person shall not be paid remuneration or allowances under this section but shall, subject to the approval of the Minister, be reimbursed such expenses as the person reasonably incurs by reason of attendance at meetings or of undertaking, with the approval of the Commission, business on behalf of the Commission.

Acceptance of or acting in the office of member of the Commission by any person does not of itself render the provisions of Part 3 of the Public Sector Management Act 1994, or any other Act applying to persons as officers of the Public Service of the State, applicable to that person, or affect or prejudice the application to that person of those provisions if they applied to the person at the time of the acceptance of or acting in that office.

Where the services of any person are for the time being utilized by the Commission under the provisions of this Act, that utilization does not prejudice the existing or accruing rights of that person under the Public Sector Management Act 1994 or under any other Act, and service rendered on behalf of the Commission pursuant to this Act shall be regarded as not constituting a break in the service in which the person would otherwise have been employed.