Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
prohibited advertisement means any form of
advertisement that conveys, or is likely to be understood as
conveying —
(a) the
existence of a common gaming house (as defined in section 41(1)); or
(b) the
existence of a person (in this State or elsewhere) who will, on application,
give information or advice with respect to unlawful wagering, to unlawful
gaming or to an unlawful lottery; or
(c) the
existence of a person (in this State or elsewhere) who will, on application,
engage in or conduct unlawful wagering, unlawful gaming or an unlawful
lottery;
unlawful gaming means gaming other
than —
(a)
permitted gaming; and
(b)
social gambling;
unlawful wagering means wagering other than social
gambling.
(2) A person who
broadcasts, prints, publishes or distributes, or has in his or her possession
for the purpose of publication or distribution, a prohibited advertisement,
commits an offence.
Penalty: $5 000.
(3) A person who
broadcasts, prints, publishes or distributes, or has in his or her possession
for the purpose of publication or distribution, an advertisement that conveys,
or is likely to be understood as conveying, the existence of a person (in this
State or elsewhere) other than —
(a)
RWWA; or
(b) the
Lotteries Commission established under the Lotteries Commission Act 1990
; or
(c) the
holder of an approval, authorisation, permit or licence issued under this Act,
the Betting Control Act 1954 or the Casino Control Act 1984 ; or
(da) a
person who in another State or a Territory is authorised under a law of the
State or Territory to engage in or conduct the business of betting on races or
sporting events; or
(d) any
other person or class of person prescribed by the regulations,
who will, on
application, engage in or conduct gaming, wagering or a lottery, commits an
offence.
Penalty: $2 000.
(4) In
subsection (3)(c) —
approval does not include an approval under the
Betting Control Act 1954 section 27D(2).
[Section 43A inserted by No. 35 of 2003
s. 145; amended by No. 70 of 2006 s. 9(2); No. 8 of 2007
s. 13; No. 29 of 2009 s. 19.]