Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Notwithstanding
sections 41 and 42 of the Gaming and Wagering Commission
Act 1987 —
(a)
casino premises to which a relevant casino gaming licence relates shall
where —
(i)
that licence is not contravened;
(ii)
the games conducted or played are authorised games
conducted and played in accordance with the approved rules;
(iii)
the games are organized, managed and conducted by the
casino licensee, or the manager or operator referred to in a casino complex
agreement to which the casino licensee is a party, or by persons acting as the
employees or agents of the casino licensee or that manager or operator, and
the relevant casino complex agreement is not contravened; and
(iv)
this Act is not otherwise contravened by the licensee or
that manager or operator,
be taken not to be
premises open, kept or used as a common gaming house; and
(b) on
the casino premises the playing of an authorised game in accordance with the
approved rules, or the use of any gaming equipment or instruments of gaming
within the meaning of that Act (not being poker machines capable of manual
operation) or the conduct of any lottery comprising or necessary to the
conduct of an authorised game, shall be taken not to be prohibited and, except
in so far as subsection (2) applies, is not unlawful.
(2) Subject to
subsection (2a), where a person —
(i)
who is a member of the Commission or the Chief Casino
Officer, a government inspector or other officer appointed under
section 9(1);
(ia) who
is a casino key employee or casino employee; or
(ii)
in respect of whom a prohibition or direction under
section 26 is in force,
participates as a
player in any game in the casino, the person commits an offence.
Penalty: $1 000.
(2a)
Subsection (2) does not apply to prohibit a person referred to in that
subsection from participating as a player in any game in the casino if the
person is required to do so in order to exercise or perform a power, function,
or duty conferred or imposed on the person by or under this Act, any other
Act, or a casino complex agreement.
(2b) If a court
convicts a person of an offence under subsection (2), the court shall, on
the application of the prosecutor and in addition to any other penalty imposed
under that subsection, order the forfeiture to the Crown of any winnings paid
to the person as a result of the commission of the offence.
(3) A licensed casino
shall not be deemed to be a nuisance, public or private, by reason only that
it is used as a casino.
(4) A person shall not
be entitled, except as against a casino licensee, to bring legal proceedings
to recover —
(a)
money won at gaming in a licensed casino;
(b)
money on a cheque or other instrument given in payment of money so won; or
(c) a
loan of money with which to play a game in a licensed casino,
that could not be
brought if this Act had not been enacted.
[Section 23 amended by No. 10 of 1985
s. 33; No. 74 of 1987 s. 27; No. 57 of 1997 s. 28(3) and (4);
No. 24 of 1998 s. 18; No. 35 of 2003 s. 171(3); No. 84 of 2004
s. 80.]