Gaming and Wagering Commission Act 1987

Where persons play or conduct gaming at the game known as two‑up, and that game and the gaming associated with that game —

takes place at approved premises, not being a place 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; and

is conducted —

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, or to a nominee permit holder on behalf of, a person who has made an application specifically seeking a permit to conduct gaming to which this section applies;

does not contravene any condition —

specifically imposed in respect of that permit; or

implied by section 82 or otherwise prescribed under this Act,

For the purposes of section 51(2)(b) the Commission may have regard to the recreational and social aspects of any proposed gaming to which this section applies and —

is not required to be satisfied that the principal object of the proposed gaming is the raising of moneys for any activity or, except where the gaming purports to be conducted for the benefit of any activity or any charitable or other particular object, as to the use to which any proceeds are to be put; and

the gaming shall not be taken to be conducted for the purposes of private gain by reason only that the ringkeeper on behalf of the operator takes a customary commission, not exceeding 10%, of —

all winnings from the spinner, after the spinner has withdrawn; and

the winnings of players who have placed their stakes through the ringkeeper and who win on heads (or the equivalent where dice are used),