Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears —
approved means approved by the Commission;
approved premises means premises approved under
section 55;
authorised officer means —
(a) a
member of the Commission; or
(b) 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
(c) a
person appointed under section 21(1); or
(d) 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;
books includes any register or other record of
information and accounts or accounting records, however compiled, recorded or
stored, and also any document;
casino means a building or room in which games are
conducted and played, or in which money counting, surveillance, storage and
other activities related to the conduct and playing of games are carried on,
pursuant to a casino gaming licence granted under section 21 of the
Casino Control Act 1984 ;
casino complex agreement means agreement entered
into by the Minister with a public company under section 19(1) of the
Casino Control Act 1984 ;
certificate means a certificate issued under Part
V Division 5;
Commission means the Gaming and Wagering
Commission of Western Australia established under section 4;
condition includes a term, requirement, limitation
or restriction;
conduct includes promote, organise, manage or
operate;
continuing lotteries levy means the levy imposed
by the Gaming and Wagering Commission (Continuing Lotteries Levy)
Act 2000 ;
credit card includes any card or other article
intended for use by a person in obtaining cash, goods or services on credit;
debit card means a card or other article intended
for use by a person in obtaining access to an account held by the person for
the purpose of withdrawing or depositing cash or obtaining goods or services;
Department means the department of the Public
Service principally assisting the Minister in the administration of this Act;
gambling means gaming or wagering;
game of chance does not include any athletic game
or sport but, with that exception, includes a pretended game of chance and a
game or pretended game which includes a degree of chance, whether or not
combined with a skill or degree of skill;
gaming , subject to section 39(2)(d) and (e),
means the playing of a game of chance for winnings in money or money’s
worth, whether any person playing the game is at risk of losing any money or
money’s worth or not;
gaming equipment includes any machine used in the
course of, or in relation to, gaming;
house , in relation to the interpretation of the
term common gaming house , includes any premises;
imposed , in relation to a condition, includes
implied by or prescribed under this Act;
instruments of gaming includes any cards, dice,
board, kip, tables, tokens or other thing used in the course and for the
purposes of gaming;
licence means a licence issued under Part V
Division 7;
licensed supplier means a person licensed under
Part V Division 7 as a licensed supplier;
lottery includes —
(a) 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
(aa) 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
(b) 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
(c) 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;
machine includes any apparatus or device;
minor fund raising activity means an activity to
which section 108 applies;
money includes any bank note, postal note, cheque,
credit card, debit card, security or authority for money or the payment of
money;
multiple bingo means bingo of the kind referred to
in section 96(4);
occupier , used in relation to any premises,
includes a person by whom or on whose behalf, and a company or other body of
persons, corporate or unincorporate, by or on behalf of which, the premises
are actually occupied, or who or which is the lessee or sub-lessee, not being
the owner, and an attorney, agent, or manager, who has the control,
supervision, or management of the premises on behalf of the person, company or
body;
owner , in relation to premises, includes a person
who, or company or other body of persons, corporate or unincorporate, which,
is, whether at law or in equity, entitled to the premises and also includes
the attorney, agent or manager having control, supervision or management of
the premises for that person, company, or body or who, on his or its behalf,
receives the rent or is authorised to issue receipts for the rent;
permit or gaming permit means a permit issued
under this Act;
permit holder means a person to whom or which a
permit is issued;
permitted amusement with prizes means an
amusement —
(a)
which is provided under, and in all respects in accordance with, a permit; or
(b) to
which section 107 or 108 applies;
permitted bingo means bingo conducted under, and
which does not contravene, Part V Division 6;
permitted gaming means gaming which is conducted
under, and in all respects in accordance with, a permit;
permitted lottery means a lottery conducted under
and which does not contravene Part V Division 7;
permitted two-up means two-up gaming conducted
under, and which does not contravene, Part V Division 4;
player , in relation to a game of chance, includes
any person taking part in the game —
(a)
against whom other persons taking part in the game play or conduct gaming; or
(b) who
plays or conducts gaming against the house;
playing includes operating —
(a) any
electrical, electronic or mechanical gaming equipment or other contrivance
that is constructed or adapted for use in the game or pretended game; or
(b) any
other instrument of gaming;
possession includes having under control in any
place whatever, whether for the use or benefit of the person of whom the term
is used or of another person, and notwithstanding that another person has the
actual possession or custody of the thing in question;
premises means any place, whether or not enclosed
or otherwise defined by boundaries, and includes any land, building,
structure, vehicle, railway vehicle, vessel, or aircraft, or any part thereof;
public place includes the doorways or entrances
abutting upon, or any ground adjoining and open to, such a place;
race means a race of any kind by horses, whether
ridden or driven, or by greyhounds;
race club means a body which conducts race
meetings;
race meeting means a meeting at which races are
held;
related furnishings means any furniture or
furnishings or equipment used in, or ancillary to, the conduct of a common
gaming house;
RWWA means Racing and Wagering Western Australia
established under the RWWA Act;
RWWA Act means the
Racing and Wagering Western Australia Act 2003 ;
simultaneous bingo means bingo played in the
circumstances referred to in section 97(1);
social gambling means gambling of a kind which by
the operation of Part V Division 2 is to be taken to constitute social
gambling;
token means a gaming chip or other substitute for
money which —
(a) is
approved for the purpose by the person conducting the gaming in relation to
which it is used; and
(b) can
be exchanged for money or money’s worth or used for playing a game by
means of a machine;
trade promotion lottery means a lottery conducted
to promote the sale of goods or the use of services, in which every
participant takes part —
(a)
without cost to him; or
(b) by
reason of the purchase of goods or the use of services, the cost of which is
—
(i)
no more than that cost would be without the opportunity
to take part in the lottery; or
(ii)
no more than the maximum total cost per entry as is set
out in the permit issued under section 104(1);
two-up means two-up gaming —
(a) in
the form in which it is customarily conducted; or
(b) 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;
unlawful game means a game to which
section 42(2) applies;
vehicle includes every description of vehicle,
whether stationary or in motion;
vessel includes every description of craft used in
navigation;
wagering includes the staking or hazarding of
money or other value —
(a) on
some question to be decided; or
(b) in
support of an assertion or on the issue of a forecast; or
(c) on
the outcome of an uncertain happening, or in the event of a doubtful issue,
and the collection or payment of winnings on a
wager;
winnings includes any prizes or other winnings of
any kind.
(2) 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 —
(a)
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
(b)
impose conditions or further conditions.
(3) For the purposes
of this Act —
(a) 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
(b) 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.
(4) For removal of
doubt —
(a)
section 5(3) of the Betting Control Act 1954 applies in respect of
things done under that Act; and
(b)
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 .
[Section 3 amended by No. 16 of 1990
s. 33; No. 14 of 1996 s. 4; No. 24 of 1998 s. 33; No. 6 of
2000 s. 9; No. 35 of 2003 s. 123, 166 and 167.]