Western Australian Consolidated Acts Western Australian Consolidated Acts (1) For the purposes
of subsection (2) and also of section 44 of the Gaming and Wagering
Commission Act 1987 , in a casino or in relation to gaming operations in
a casino —
(a)
where a person for himself or another obtains or gains tokens or credit for
gaming or betting — that person shall be taken to have
obtained a benefit; and
(b)
where a person, in relation to the gaming or betting, makes any false
representation, engages in any sleight of hand, uses any gaming equipment or
any instrument or article of a type normally used in connection with gaming or
appearing to be of a type normally used in gaming and does so fraudulently, or
makes fraudulent use of any other thing — that person shall be
taken to have employed fraudulent means.
(2) Any casino
licensee, or any casino key employee, casino employee or other person
concerned in the organization or management of gaming operations in a casino,
who in the casino conducts any game in such a manner as to win or attempt to
win from any person for himself or for any other person any money, tokens,
prize, benefit or other valuable thing by —
(a) any
fraud;
(b) any
fraudulent means;
(c) any
machine, equipment or thing that permits or facilitates, or is intended to
permit or facilitate, fraud, cheating or stealing; or
(d) any
wrongful practice, trick or scheme,
commits an offence.
Penalty: In the case of a person other than a body
corporate, $10 000, or imprisonment for 2 years, or both; and in the
case of a body corporate, $20 000.
(3) Subject to
subsection (4), a person who, in a casino, uses or has in
possession —
(a) any
token that the person knows is bogus or counterfeit;
(b) any
instrument of gaming that the person knows has been marked, loaded or tampered
with; or
(c) for
the purpose of fraud, cheating or stealing, any machine, equipment or thing
that permits or facilitates, or is intended to permit or facilitate, the
fraud, cheating or stealing,
commits an offence.
Penalty: $10 000, or imprisonment for
2 years, or both.
(4)
Subsection (3) does not apply to or in relation to the lawful use or
possession of a thing by a person concerned in the organization or management
of the gaming operations, an officer of the Commission, or a member of the
Police Force where the thing in question —
(a) has
been seized by any of those persons from another person for destruction or for
potential use as evidence in proceedings for an offence;
(b) is
so used or possessed for the purposes of conducting an investigation into a
suspected offence; or
(c) is
so used or possessed, with the consent of the casino licensee, for
instructional purposes.
[Section 30 inserted by No. 74 of 1987
s. 33; amended by No. 73 of 1994 s. 4; No. 35 of 2003
s. 171(3).]