Two‑up at country race meetings
80 Two‑up at country race meetings
Where persons play or conduct gaming at the game known as two‑up, and that game and the conduct of gaming associated with that game —
takes place —
at or in the vicinity of a racecourse or track under the control of a country race club; and
during the course of the day and, if subsection (1a) applies, the day after the day on which a race meeting licensed by RWWA under the RWWA Act or the Racing Restriction Act 2003 is held on that racecourse or track under the management of that club;
and
is conducted —
by or on behalf of the country race club, by a person authorised in writing by the committee of that club for the purpose; and
otherwise than during the racing for that day; and
in the manner in which the game two‑up is customarily conducted in that locality of the State, whether with coins or dice; and
not for the purposes of private gain or any commercial undertaking; and
pursuant to, and in all respects in accordance with, a permit issued under section 51 to an approved nominee permit holder on behalf of that country race club pursuant to an application made by the club specifically seeking a permit to conduct gaming to which this section applies;
and
does not contravene any condition —
specifically imposed in respect of that permit; or
implied by section 82 or otherwise prescribed under this Act,
it shall be taken to constitute permitted two‑up and is not unlawful.
Subject to subsection (1b), a permit issued under section 51 that authorises playing or the conduct of gaming at the game known as two‑up to take place during the course of the day on which a race meeting is held (race day) may also authorise playing or gaming at that game to continue, for the period specified in the permit, into the day after race day.
A permit that authorises playing or gaming at the game known as two‑up to continue into the day after race day ceases to have effect if playing or gaming at that game does not begin during race day.
A reference in this section to a country race club is a reference to a club which is not a club situate inside a radius in any direction of 100 km of the Burswood Casino as referred to in the Casino (Burswood Island) Agreement Act 1985.
[Section 80 amended: No. 24 of 1998 s. 54; No. 35 of 2003 s. 151; No. 25 of 2011 s. 9.]
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