Gaming and Wagering Commission Act 1987

In any proceedings under this Act or for an offence under The Criminal Code —

it shall not be necessary to prove the appointment of the Minister or a member of the Commission, and all courts and persons acting judicially shall take judicial notice of a signature attached or appended to a document purporting to be issued under this Act if the signature purports to be that of a person who at the relevant time is or was the holder of such an office, unless the contrary is proved; and

a document signed by a member of the Commission stating that at the time or during the period stated in the document —

a person named in the document was an authorised officer or an inspector of soccer football pools for the purposes of this Act generally or for such of those purposes as are specified in the document; or

an approval was granted, a permit or certificate was issued, a requirement was made, or a direction or notice was given, or was in force or had effect, or had been amended, or was not in force or was of no effect, in relation to the circumstances specified in the document, or had been served on any person, under this Act,

a document or writing purporting to be a copy of any approval granted or permit or certificate issued, or of any requirement made or direction or notice given, under this Act shall be evidence of the approval, permit, certificate, requirement, direction or notice of which it purports to be a copy and, in the absence of evidence to the contrary, conclusive evidence; and

an averment that —

a person is of a specified age or is under or over a specified age; or

that any premises at which an offence was committed was a place to which an approval, permit or certificate applies or did not apply; or

a specified game is of a kind essentially similar to a game of another specified kind; or

a specified game is a game that is commonly played in casinos (whether in Australia or elsewhere) or is a variation or derivative of such a game; or

in proceedings against a person in his capacity as the holder of a permit or certificate, that the person is the holder of a specified permit or certificate; or

a person is a person to whom a permit or certificate was not issued,

where an authorised officer, a member of the Police Force, or a person acting at the request of an authorised officer or member of the Police Force, enters into any gaming or wager and another person is charged with an offence arising out of the gaming or wager, on the hearing of the charge the authorised officer, member of the Police Force or person acting on request —

is deemed not to be an accomplice of the person charged and not to be guilty of an offence; and

may give evidence,

a person may be convicted on the uncorroborated evidence of an accomplice, and shall not be acquitted by reason only that the only evidence is the uncorroborated evidence of an accomplice unless the truth of that evidence is suspect; and

an act, admission or statement of an employee or agent of a person charged with an offence is admissible as evidence, whether it is done, made or given in the presence of that person or not; and

where an element of an offence is an act or omission on the part of the permit holder a prosecution for such an offence may be commenced against an individual approved and appointed as the nominee permit holder on behalf of a body of persons; and

the authority of a person to accept service of documents under this Act on behalf of another shall be presumed in the absence of evidence to the contrary.

For the purposes of this Act —

in determining whether a game, which is played otherwise than against one or more other players, is a game of chance the possibility that superlative skill can overcome the element of chance shall be disregarded, except for the purposes of section 42(3)(a); and

it is immaterial whether a charge or levy is compulsory, customary or voluntary, and any reference to making a charge or charging a levy shall be construed accordingly; and

the public shall be deemed to have or be permitted to have access to a place where that place is for the time being open to the public whether or not a charge or levy is made or payment for admittance is required; and

the playing of a game of chance or participation in any activity which —

is an authorised game as defined by the Casino Control Act 1984 played in accordance with rules approved under that Act in a licensed casino as so defined; or

is a game of a kind the playing of which is authorised by regulations made pursuant to section 42(3)(c), when played in such circumstances and in accordance with such conditions as are thereby prescribed; or

is conducted under the Lotteries Commission Act 1990,

a machine shall be taken not to be used for gaming if it is used in premises of a prescribed kind or class and if it is constructed or adapted or used in such a way that —

a person playing it once and successfully receives nothing except an opportunity, afforded by the automatic action of the machine, to play again (once or more often) without paying; or

where a person plays it once and successfully, that which he receives is determined by the automatic action of the machine and is either a money prize not greater than the amount payable to play the machine once or a token which is, or tokens which in the aggregate are, exchangeable only for such a money prize.

Where on the hearing of a prosecution —

for an offence requiring proof that any premises were kept or used or resorted to for playing any unlawful game or any game of chance, and a person is found to have been so playing; or

relating to —

gambling in; or

opening, keeping or using; or

being concerned in the conduct of,

Where a person is found to have been present at any unlawful game or game of chance it shall be presumed that he was present for the purpose of taking part in the game, unless he proves that he was present neither for that purpose nor for the purpose of —

taking part in the conduct of the game; or

operating or using any gaming equipment, instrument of gaming, related furnishings, or any other thing whatsoever used in connection with the game or any wager; or

making or receiving wagers, with respect to the game or otherwise.

Gaming pursuant to a permit shall not be taken to be conducted for the purposes of private gain by reason only that a person concerned in the conduct of the gaming receives reasonable remuneration in respect of his services in that capacity.