Betting Control Act 1954
Casino Control Act 1984
Gaming and Wagering Commission Act 1987
Racing and Wagering Western Australia Act 2003
Gambling Regulations Amendment Regulations 2025
Betting Control Act 1954
Casino Control Act 1984
Gaming and Wagering Commission Act 1987
Racing and Wagering Western Australia Act 2003
Gambling Regulations Amendment Regulations 2025
Western Australia
Gambling Regulations Amendment Regulations 2025
Contents
Part 1 — Preliminary
1.Citation1
2.Commencement1
Part 2 — Betting Control Regulations 1978 amended
3.Regulations amended2
4.Regulation 102 replaced2
102.Prescribed period: section 14A(2)(a)2
5.Regulation 103 amended2
6.Regulation 106 amended2
7.Part 7 inserted3
Part 7 — Infringement notices
111.Prescribed offences and modified penalties3
112.Forms for infringement notice and withdrawal notice3
8.Schedule 1 amended4
9.Schedule 2 inserted7
Schedule 2 — Prescribed offences and modified penalties
Division 1 — Offences under Act
Division 2 — Offences under regulations
10.Various penalties amended12
Part 3 — Casino Control (Burswood Island) (Licensing of Employees) Regulations 1985 amended
11.Regulations amended15
12.Part 1 heading inserted15
Part 1 — Preliminary
13.Part 2 heading inserted15
Part 2 — Licensing
14.Part 3 inserted15
Part 3 — Infringement notices
20.Prescribed offences and modified penalties15
21.Forms for infringement notice and withdrawal notice16
15.Schedule heading replaced16
Schedule 1 — Forms
16.Schedule amended16
17.Schedule 2 inserted19
Schedule 2 — Prescribed offences and modified penalties
18.Various penalties amended20
Part 4 — Casino Control Regulations 1999 amended
19.Regulations amended22
20.Regulation 2 amended22
21.Regulations 5 to 7 inserted22
5.Prescribed matters for manuals22
6.Casino licensee must provide manual and amended manual to Commission23
7.Prescribed period for suspicious matter reports23
22.Part 4 replaced24
Part 3 — Infringement notices
8.Prescribed offences and modified penalties24
9.Forms for infringement notice and withdrawal notice25
23.Schedule 1 replaced25
Schedule 1 — Prescribed offences and modified penalties
Division 1 — Offences under Act
Division 2 — Offences under regulations
Schedule 2 — Forms for infringement notice and withdrawal notice
Part 5 — Gaming and Wagering Commission Regulations 1988 amended
24.Regulations amended30
25.Regulation 3 amended30
26.Regulation 6 replaced30
5A.Prescribed offences and modified penalties30
6.Forms for infringement notice and withdrawal notice31
27.Regulation 43 amended31
28.Schedule 2 replaced31
Schedule 2 — Prescribed offences and modified penalties
Division 1 — Offences under Act
Division 2 — Offences under regulations
29.Schedule 3 amended36
30.Various penalties amended39
Part 6 — Racing and Wagering Western Australia Regulations 2003 amended
31.Regulations amended40
32.Various penalties amended40
Betting Control Act 1954
Casino Control Act 1984
Gaming and Wagering Commission Act 1987
Racing and Wagering Western Australia Act 2003
Gambling Regulations Amendment Regulations 2025
Made by the Governor in Executive Council.
These regulations come into operation as follows —
(a)Part 1 — on the day on which these regulations are published on the WA legislation website;
(b)the rest of the regulations — on the day after that day.
Part 2 — Betting Control Regulations 1978 amended
This Part amends the Betting Control Regulations 1978.
Delete regulation 102 and insert:
102.Prescribed period: section 14A(2)(a)
For the purposes of section 14A(2)(a) of the Act, the period is 14 days beginning on the first day of each month.
In regulation 103 delete “operator on or after 1 September 2008.” and insert:
operator.
In regulation 106 delete “operator on or after 1 September 2008.” and insert:
operator.
After regulation 110 insert:
111.Prescribed offences and modified penalties
(1)The offences specified in Schedule 2 are offences for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2 as modified by the Gaming and Wagering Commission Act 1987 section 36.
(2)For the purposes of the Criminal Procedure Act 2004 section 5(3), the penalty specified opposite an offence in Schedule 2 is the modified penalty for that offence.
(3)However, the modified penalty specified for each offence specified in Schedule 2 Division 2 items 19 to 50 is not applicable in a case where regulation 77D(2) is relied on in relation to a person described in paragraph (b) of the definition of responsible person in regulation 77D(1).
112.Forms for infringement notice and withdrawal notice
(1)For the purposes of the Criminal Procedure Act 2004 section 6(d), the form of an infringement notice is Schedule 1 Form 2.
(2)For the purposes of the Criminal Procedure Act 2004 section 15(2), the form stating that an infringement notice has been withdrawn is Schedule 1 Form 3.
(1)Delete the reference after the heading to Schedule 1 and insert:
[r. 77 and 112(1) and (2)]
(2)After Schedule 1 Form 1 insert:
Form 2 — Infringement notice
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INFRINGEMENT NOTICE |
Infringement |
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Alleged offender |
Name |
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Address |
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Alleged offence |
Date or period |
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Time |
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Place |
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Details of offence |
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Written law contravened |
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Modified penalty |
$ |
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Date |
Date of notice |
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Issuing officer |
Name |
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Signature |
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TAKE NOTICE |
It is alleged that you have committed the above offence. If you do not want to be prosecuted in court for the offence, pay the modified penalty to the Approved Officer (the Gaming and Wagering Commission) within 28 days after the date of this notice. If you do not pay the modified penalty within 28 days after the date of this notice, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act, some or all of the following action may be taken — your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold. If you need more time to pay the modified penalty, you should contact the Gaming and Wagering Commission at the address below. Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court case. If you want this matter to be dealt with by prosecution in court, sign and date here: |
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How to pay |
By post |
[Insert details for paying by post] |
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In person |
[Insert details for paying in person] |
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Electronically |
[Insert details for paying electronically] |
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Form 3 — Withdrawal of infringement notice
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WITHDRAWAL OF INFRINGEMENT NOTICE |
Withdrawal no. |
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Alleged offender |
Name |
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Address |
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Details of infringement notice |
Infringement notice no. |
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Date of issue |
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Alleged offence |
Date or period |
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Time |
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Place |
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Details of offence |
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Written law contravened |
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Officer of the Commission withdrawing notice |
Name |
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Signature |
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Date |
Date of withdrawal |
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Withdrawal of infringement notice
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The above infringement notice issued against you for the above alleged offence has been withdrawn. If you have already paid the modified penalty for the alleged offence, you are entitled to a refund. [Insert details for processing of refund.] |
||
After Schedule 1 insert:
Schedule 2 — Prescribed offences and modified penalties
[r. 111]
Division 1 — Offences under Act
|
Item |
Section |
Modified penalty |
|
1. |
s. 4A(6) |
$1 000 |
|
2. |
s. 4B(3A) |
$1 000 |
|
3. |
s. 11(6) |
$1 000 |
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4. |
s. 11(6B) |
$1 000 |
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5. |
s. 11(6C) |
$2 000 |
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6. |
s. 11B(4) |
$2 000 |
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7. |
s. 11B(11) |
$1 000 |
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8. |
s. 11B(13) |
$500 |
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9. |
s. 11B(14) |
$1 000 |
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10. |
s. 11C(2) |
$5 000 |
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11. |
s. 11C(9) |
$2 000 |
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12. |
s. 11C(12) |
$500 |
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13. |
s. 11C(13) |
$1 000 |
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14. |
s. 11E(5) to the extent that it applies to records as the Commission specifies in writing |
$1 000 |
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15. |
s. 11F(1) |
$1 000 |
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16. |
s. 11F(2) |
$500 |
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17. |
s. 14A(2) |
(a)for a first offence, $500; (b)for each separate and further offence committed by the betting operator under the Interpretation Act 1984 s. 71, $100 |
|
18. |
s. 20A(2) |
$500 |
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19. |
s. 22(1) |
$250 |
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20. |
s. 22(2) |
$250 |
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21. |
s. 25(3) |
$2 000 |
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22. |
s. 26 |
$200 |
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23. |
s. 26A(3) |
$500 |
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24. |
s. 26C(5) |
$1 000 |
|
25. |
s. 27 |
$5 000 |
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26. |
s. 27D(2A) |
$5 000 |
|
27. |
s. 28C |
$500 |
|
28. |
s. 28E |
$500 |
Division 2 — Offences under regulations
|
Item |
Regulation |
Modified penalty |
|
1. |
r. 27(1) |
$100 |
|
2. |
r. 27(2) |
$250 |
|
3. |
r. 28(1) |
$100 |
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4. |
r. 28(1a) |
$100 |
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5. |
r. 28(2) |
$200 |
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6. |
r. 28(2a) |
$200 |
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7. |
r. 29 |
$200 |
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8. |
r. 36(3) |
$500 |
|
9. |
r. 51(1) |
$200 |
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10. |
r. 51(3) |
$200 |
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11. |
r. 52 |
$200 |
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12. |
r. 53 |
$200 |
|
13. |
r. 54 |
$200 |
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14. |
r. 55 |
$200 |
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15. |
r. 57 |
$200 |
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16. |
r. 58(1) |
$200 |
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17. |
r. 59(1) |
$200 |
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18. |
r. 59(2) |
$200 |
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19. |
r. 77E |
$200 |
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20. |
r. 77F |
$200 |
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21. |
r. 77G(1) |
$200 |
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22. |
r. 77G(3) |
$200 |
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23. |
r. 77G(4) |
$200 |
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24. |
r. 77H(2) |
$200 |
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25. |
r. 77H(3) |
$200 |
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26. |
r. 77H(5) |
$200 |
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27. |
r. 77I |
$200 |
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28. |
r. 77J(1) |
$200 |
|
29. |
r. 77K(1) |
$200 |
|
30. |
r. 77K(2) |
$200 |
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31. |
r. 77K(3) |
$200 |
|
32. |
r. 77L(2) |
$200 |
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33. |
r. 77M(2) |
$200 |
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34. |
r. 77M(3) |
$200 |
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35. |
r. 77N(1) |
$200 |
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36. |
r. 77N(2) |
$200 |
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37. |
r. 77O |
$200 |
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38. |
r. 77Q(1) |
$200 |
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39. |
r. 77Q(2) |
$200 |
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40. |
r. 77R(1) |
$200 |
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41. |
r. 77R(3) |
$200 |
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42. |
r. 77T(2) |
$200 |
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43. |
r. 77U(2) |
$200 |
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44. |
r. 77W |
$200 |
|
45. |
r. 77Y(2) |
$200 |
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46. |
r. 77Y(3) |
$200 |
|
47. |
r. 77Z(1) |
$200 |
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48. |
r. 77Z(2) |
$200 |
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49. |
r. 77ZA(2) |
$200 |
|
50. |
r. 77ZB |
$200 |
|
51. |
r. 97(3) |
$500 |
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52. |
r. 97(4) |
$500 |
|
53. |
r. 97(5) |
$500 |
|
54. |
r. 110(1) |
$1 000 |
Amend the provisions listed in the Table as set out in the Table.
Table
|
Provision |
Delete |
Insert |
|
r. 27(1) |
Penalty: $50 |
Penalty for this subregulation: a fine of $500 |
|
r. 27(2) |
Penalty: $250 |
Penalty for this subregulation: a fine of $2 500 |
|
r. 28(1) and (1a) |
Penalty: $50 |
Penalty for this subregulation: a fine of $500 |
|
r. 28(2) and (2a) |
Penalty: $200 |
Penalty for this subregulation: a fine of $2 000 |
|
r. 29 |
$200 |
a fine of $2 000 |
|
r. 36(3) |
Penalty: $500 |
Penalty for this subregulation: a fine of $5 000 |
|
r. 51(1) and (3) |
Penalty: $200 |
Penalty for this subregulation: a fine of $2 000 |
|
r. 52 |
$200 |
a fine of $2 000 |
|
r. 53 |
$200 |
a fine of $2 000 |
|
r. 54 |
$200 |
a fine of $2 000 |
|
r. 55 |
$200 |
a fine of $2 000 |
|
r. 57 |
$200 |
a fine of $2 000 |
|
r. 58(1) |
Penalty: $200 |
Penalty for this subregulation: a fine of $2 000 |
|
r. 59(1) |
Penalty: $200 |
Penalty for this subregulation: a fine of $2 000 |
|
r. 59(2) |
Penalty: $20 |
Penalty for this subregulation: a fine of $2 000 |
|
r. 97(2), (3), (4) and (5) |
Penalty: $500 |
Penalty for this subregulation: a fine of $5 000 |
|
r. 110(1) |
Penalty: a fine of $1 000 |
Penalty for this subregulation: a fine of $5 000 |
Part 3 — Casino Control (Burswood Island) (Licensing of Employees) Regulations 1985 amended
This Part amends the Casino Control (Burswood Island) (Licensing of Employees) Regulations 1985.
Before regulation 1 insert:
After regulation 2 insert:
After regulation 19 insert:
20.Prescribed offences and modified penalties
(1)The offences specified in Schedule 2 are offences for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2 as modified by the Gaming and Wagering Commission Act 1987 section 36.
(2)For the purposes of the Criminal Procedure Act 2004 section 5(3), the penalty specified opposite an offence in Schedule 2 is the modified penalty for that offence.
21.Forms for infringement notice and withdrawal notice
(1)For the purposes of the Criminal Procedure Act 2004 section 6(d), the form of an infringement notice is Schedule 1 Form 8.
(2)For the purposes of the Criminal Procedure Act 2004 section 15(2), the form stating that an infringement notice has been withdrawn is Schedule 1 Form 9.
Delete the heading to the Schedule and insert:
In the Schedule after Form 7 insert:
Form 8 — Infringement notice
[r. 21(1)]
|
INFRINGEMENT NOTICE |
Infringement |
|||
|
Alleged offender |
Name |
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|
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|
Address |
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|
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Alleged offence |
Date or period |
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|
Time |
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Place |
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Details of offence |
|
|||
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|
||||
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Written law contravened |
|
|||
|
|
||||
|
Modified penalty |
$ |
|||
|
Date |
Date of notice |
|
||
|
Issuing officer |
Name |
|
||
|
Signature |
|
|||
|
TAKE NOTICE |
It is alleged that you have committed the above offence. If you do not want to be prosecuted in court for the offence, pay the modified penalty to the Approved Officer (the Gaming and Wagering Commission) within 28 days after the date of this notice. If you do not pay the modified penalty within 28 days after the date of this notice, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act, some or all of the following action may be taken — your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold. If you need more time to pay the modified penalty, you should contact the Gaming and Wagering Commission at the address below. Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court case. If you want this matter to be dealt with by prosecution in court, sign and date here: |
|||
|
How to pay |
By post |
[Insert details for paying by post] |
||
|
In person |
[Insert details for paying in person] |
|||
|
Electronically |
[Insert details for paying electronically] |
|||
Form 9 — Withdrawal of infringement notice
[r. 21(2)]
|
WITHDRAWAL OF INFRINGEMENT NOTICE |
Withdrawal no. |
||
|
Alleged offender |
Name |
|
|
|
|
|||
|
Address |
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|
|
|||
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Details of infringement notice |
Infringement notice no. |
|
|
|
Date of issue |
|
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|
Alleged offence |
Date or period |
|
|
|
Time |
|
||
|
Place |
|
||
|
Details of offence |
|
||
|
|
|||
|
Written law contravened |
|
||
|
|
|||
|
Officer of the Commission withdrawing notice |
Name |
|
|
|
Signature |
|
||
|
Date |
Date of withdrawal |
|
|
|
Withdrawal of infringement notice
|
The above infringement notice issued against you for the above alleged offence has been withdrawn. If you have already paid the modified penalty for the alleged offence, you are entitled to a refund. [Insert details for processing of refund.] |
||
After the Schedule insert:
Schedule 2 — Prescribed offences and modified penalties
[r. 20]
|
Item |
Regulation |
Modified penalty |
|
1. |
r. 3(1) |
$5 000 |
|
2. |
r. 11(1) |
$500 |
|
3. |
r. 11(1a) |
(a)for a casino key employee, $250; (b)for a casino employee, $100 |
|
4. |
r. 12 |
$1 000 |
|
5. |
r. 13(1) |
$1 000 |
|
6. |
r. 15(3) |
$200 |
|
7. |
r. 15(4) |
$2 000 |
|
8. |
r. 18 |
$2 000 |
Amend the provisions listed in the Table as set out in the Table.
Table
|
Provision |
Delete |
Insert |
|
r. 3(1) |
Penalty: $2 000 |
Penalty for this subregulation: a fine of $50 000 |
|
r. 3(2) |
Penalty: $1 000 |
Penalty for this subregulation: a fine of $10 000 |
|
r. 11(1) |
Penalty: $500 |
Penalty for this subregulation: a fine of $5 000 |
|
r. 11(1a) |
Penalty: $500 |
Penalty for this subregulation: a fine of $2 000 |
|
r. 12 |
$200 |
a fine of $10 000 |
|
r. 13(1) |
Penalty: $200 |
Penalty for this subregulation: a fine of $10 000 |
|
r. 15(3) |
Penalty: $500 |
Penalty for this subregulation: a fine of $5 000 |
|
r. 15(4) |
Penalty: $500 |
Penalty for this subregulation: a fine of $10 000 |
|
r. 16A |
$1 000 |
$5 000 |
|
r. 18 |
$200 |
a fine of $20 000 |
Part 4 — Casino Control Regulations 1999 amended
This Part amends the Casino Control Regulations 1999.
(1)In regulation 2(1) insert in alphabetical order:
manuals means manuals about the management and operation of a casino mentioned in section 24A(1) of the Act.
(2)In regulation 2(1) in the definition of conviction delete “(2).” and insert:
(2);
21.Regulations 5 to 7 inserted
At the end of Part 2 insert:
5.Prescribed matters for manuals
For the purposes of section 24A(1) of the Act, manuals must deal with the following matters —
(a)gaming operations;
(b)internal management and control;
(c)handling, dealing with and accounting for money, chips, vouchers, cheques, digital currencies and similar things;
(d)internal management and control;
(e)surveillance and security;
(f)the responsible service of gambling.
6.Casino licensee must provide manual and amended manual to Commission
(1)A casino licensee must provide a manual to the Commission, within a period specified in writing by the Commission, for the purposes of the Commission considering the manual for approval under section 24A(1) of the Act.
Penalty for this subregulation: a fine of $25 000.
(2)If the Commission requires under section 24A(2) that an approved manual of a casino licensee be amended, the licensee must provide the amendment to the Commission, within a period specified in writing by the Commission, for the purposes of the Commission considering the amendment for approval under section 24A(1) of the Act.
Penalty for this subregulation: a fine of $25 000.
7.Prescribed period for suspicious matter reports
(1)In this regulation —
business day means a day other than a Saturday, Sunday or public holiday.
(2)For the purposes of section 30A of the Act, the period —
(a)begins at the time the casino licensee’s suspicious matter reporting obligation arises under the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 (Commonwealth) section 41(1); and
(b)ends 1 business day after the following, as is relevant —
(i)the day by which the casino licensee is required to give the report under the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 (Commonwealth) section 41(2)(a);
(ii)the time by which the casino licensee is required to give the report under the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 (Commonwealth) section 41(2)(b).
Delete Part 4 and insert:
8.Prescribed offences and modified penalties
(1)The offences specified in Schedule 1 are offences for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2 as modified by the Gaming and Wagering Commission Act 1987 section 36.
(2)For the purposes of the Criminal Procedure Act 2004 section 5(3), the penalty specified opposite an offence in Schedule 1 is the modified penalty for that offence.
9.Forms for infringement notice and withdrawal notice
(1)For the purposes of the Criminal Procedure Act 2004 section 6(d), the form of an infringement notice is Schedule 2 Form 1.
(2)For the purposes of the Criminal Procedure Act 2004 section 15(2), the form stating that an infringement notice has been withdrawn is Schedule 2 Form 2.
Delete Schedule 1 and insert:
Schedule 1 — Prescribed offences and modified penalties
[r. 8]
Division 1 — Offences under Act
|
Item |
Section |
Modified penalty |
|
1. |
s. 22(7) |
$500 |
|
2. |
s. 23(2)(ia) |
$2 500 |
|
3. |
s. 23(2)(ii) |
$500 |
|
4. |
s. 26(1d) |
$500 |
|
5. |
s. 26(6) |
$1 000 |
|
6. |
s. 27(1) |
$4 000 |
|
7. |
s. 27(1a) |
$5 000 |
|
8. |
s. 27(3) |
$200 |
|
9. |
s. 27(3a) |
$200 |
|
10. |
s. 27A(4) |
$200 |
|
11. |
s. 30A |
$5 000 |
Division 2 — Offences under regulations
|
Item |
Regulation |
Modified penalty |
|
1. |
r. 6(1) |
$5 000 |
|
2. |
r. 6(2) |
$5 000 |
Schedule 2 — Forms for infringement notice and withdrawal notice
[r. 9(1) and (2)]
Form 1 — Infringement notice
|
INFRINGEMENT NOTICE |
Infringement |
|||
|
Alleged offender |
Name |
|
||
|
|
||||
|
Address |
|
|||
|
|
||||
|
Alleged offence |
Date or period |
|
||
|
Time |
|
|||
|
Place |
|
|||
|
Details of offence |
|
|||
|
|
||||
|
Written law contravened |
|
|||
|
|
||||
|
Modified penalty |
$ |
|||
|
Date |
Date of notice |
|
||
|
Issuing officer |
Name |
|
||
|
Signature |
|
|||
|
TAKE NOTICE |
It is alleged that you have committed the above offence. If you do not want to be prosecuted in court for the offence, pay the modified penalty to the Approved Officer (the Gaming and Wagering Commission) within 28 days after the date of this notice. If you do not pay the modified penalty within 28 days after the date of this notice, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act, some or all of the following action may be taken — your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold. If you need more time to pay the modified penalty, you should contact the Gaming and Wagering Commission at the address below. Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court case. If you want this matter to be dealt with by prosecution in court, sign and date here:
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How to pay |
By post |
[Insert details for paying by post] |
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In person |
[Insert details for paying in person] |
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Electronically |
[Insert details for paying electronically] |
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Form 2 — Withdrawal of infringement notice
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WITHDRAWAL OF INFRINGEMENT NOTICE |
Withdrawal no. |
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Alleged offender |
Name |
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Address |
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Details of infringement notice |
Infringement notice no. |
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Date of issue |
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Alleged offence |
Date or period |
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Time |
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Place |
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Details of offence |
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Written law contravened |
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Officer of the Commission withdrawing notice |
Name |
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Signature |
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Date |
Date of withdrawal |
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Withdrawal of infringement notice
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The above infringement notice issued against you for the above alleged offence has been withdrawn. If you have already paid the modified penalty for the alleged offence, you are entitled to a refund. [Insert details for processing of refund.] |
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Part 5 — Gaming and Wagering Commission Regulations 1988 amended
This Part amends the Gaming and Wagering Commission Regulations 1988.
Delete regulation 3(2) and (3).
Delete regulation 6 and insert:
5A.Prescribed offences and modified penalties
(1)The offences specified in Schedule 2 are offences for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2 as modified by section 36.
(2)For the purposes of the Criminal Procedure Act 2004 section 5(3), the penalty specified opposite an offence in Schedule 2 is the modified penalty for that offence.
(3)However, the modified penalty specified for each offence specified in Schedule 2 Division 2 items 4 to 35 is not applicable in a case where regulation 40E(2) is relied on in relation to a person described in paragraph (b) of the definition of responsible person in regulation 40E(1).
6.Forms for infringement notice and withdrawal notice
(1)For the purposes of the Criminal Procedure Act 2004 section 6(d), the form of an infringement notice is Schedule 3 Form 1.
(2)For the purposes of the Criminal Procedure Act 2004 section 15(2), the form stating that an infringement notice has been withdrawn is Schedule 3 Form 2.
(1)In regulation 43(2), (6) and (7) delete the Penalty.
(2)After regulation 43(8) insert:
(9)A person who contravenes subsection (2) or (7) commits an offence.
(10)A gambling operator who contravenes subsection (6) commits an offence.
Delete Schedule 2 and insert:
Schedule 2 — Prescribed offences and modified penalties
[r. 5A]
Division 1 — Offences under Act
|
Item |
Section |
Modified penalty |
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1. |
s. 22(5) |
$1 000 |
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2. |
s. 41(6) |
$500 |
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3. |
s. 42(5) |
$500 |
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4. |
s. 44(1) in the circumstances that the money or the value of the prize, property, benefit or detriment the subject of the alleged offence is no more than $500 |
$1 000 |
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5. |
s. 45(4) |
$500 |
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6. |
s. 57(4) |
$500 |
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7. |
s. 58(4) |
$1 000 |
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8. |
s. 86 |
$200 |
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9. |
s. 91(1) |
$500 |
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10. |
s. 91(4) |
$750 |
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11. |
s. 93(a) to the extent that it applies to a contravention of s. 91 |
$1 000 |
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12. |
s. 93(b) to the extent that it applies to a contravention of s. 91 |
$1 000 |
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13. |
s. 93B(2) |
$250 |
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14. |
s. 95(4) |
$200 |
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15. |
s. 96(3) |
$500 |
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16. |
s. 97(3) |
$500 |
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17. |
s. 98 |
$500 |
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18. |
s. 104(4) |
$500 |
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19. |
s. 104(5) |
$250 |
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20. |
s. 104C(4) |
$500 |
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21. |
s. 104E(1) |
$500 |
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22. |
s. 104E(2) |
$500 |
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23. |
s. 104E(3) |
$500 |
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24. |
s. 104F(1) |
$500 |
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25. |
s. 104F(4) |
$500 |
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26. |
s. 104L(1) |
$2 500 |
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27. |
s. 104L(2) |
$2 500 |
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28. |
s. 104L(3) |
$2 500 |
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29. |
s. 104M(1) |
$2 500 |
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30. |
s. 104M(2) |
$1 000 |
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31. |
s. 104M(3) |
$1 000 |
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32. |
s. 108(4) |
$1 000 |
Division 2 — Offences under regulations
|
Item |
Regulation |
Modified penalty |
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1. |
r. 23A(1) |
$200 |
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2. |
r. 38A(1) |
$200 |
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3. |
r. 38A(2) |
$200 |
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4. |
r. 40F |
$200 |
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5. |
r. 40G |
$200 |
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6. |
r. 40H(1) |
$200 |
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7. |
r. 40H(3) |
$200 |
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8. |
r. 40H(4) |
$200 |
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9. |
r. 40I(2) |
$200 |
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10. |
r. 40I(3) |
$200 |
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11. |
r. 40I(5) |
$200 |
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12. |
r. 40J |
$200 |
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13. |
r. 40K(1) |
$200 |
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14. |
r. 40L(1) |
$200 |
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15. |
r. 40L(2) |
$200 |
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16. |
r. 40L(3) |
$200 |
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17. |
r. 40M(2) |
$200 |
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18. |
r. 40N(2) |
$200 |
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19. |
r. 40N(3) |
$200 |
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20. |
r. 40O(1) |
$200 |
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21. |
r. 40O(2) |
$200 |
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22. |
r. 40P |
$200 |
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23. |
r. 40R(1) |
$200 |
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24. |
r. 40R(2) |
$200 |
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25. |
r. 40S(1) |
$200 |
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26. |
r. 40S(3) |
$200 |
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27. |
r. 40U(2) |
$200 |
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28. |
r. 40V(2) |
$200 |
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29. |
r. 40X |
$200 |
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30. |
r. 40Z(2) |
$200 |
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31. |
r. 40Z(3) |
$200 |
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32. |
r. 40ZA(1) |
$200 |
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33. |
r. 40ZA(2) |
$200 |
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34. |
r. 40ZB(2) |
$200 |
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35. |
r. 40ZC |
$200 |
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36. |
r. 43(6) and (10) |
$1 000 |
Delete Schedule 3 Forms 1 and 2 and insert:
Form 1 — Infringement notice
[r. 6(1)]
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Gaming and Wagering Commission Act 1987 INFRINGEMENT NOTICE |
Infringement |
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Alleged offender |
Name |
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Address |
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Alleged offence |
Date or period |
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|
Time |
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Place |
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Details of offence |
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Written law contravened |
|
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Modified penalty |
$ |
|||
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Date |
Date of notice |
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Issuing officer |
Name |
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Signature |
|
|||
|
TAKE NOTICE |
It is alleged that you have committed the above offence. If you do not want to be prosecuted in court for the offence, pay the modified penalty to the Approved Officer (the Gaming and Wagering Commission) within 28 days after the date of this notice. If you do not pay the modified penalty within 28 days after the date of this notice, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act, some or all of the following action may be taken — your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold. If you need more time to pay the modified penalty, you should contact the Gaming and Wagering Commission at the address below. Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court case. If you want this matter to be dealt with by prosecution in court, sign and date here: |
|||
|
How to pay |
By post |
[Insert details for paying by post] |
||
|
In person |
[Insert details for paying in person] |
|||
|
Electronically |
[Insert details for paying electronically] |
|||
Form 2 — Withdrawal of infringement notice
[r. 6(2)]
|
WITHDRAWAL OF INFRINGEMENT NOTICE |
Withdrawal no. |
||
|
Alleged offender |
Name |
|
|
|
|
|||
|
Address |
|
||
|
|
|||
|
Details of infringement notice |
Infringement notice no. |
|
|
|
Date of issue |
|
||
|
Alleged offence |
Date or period |
|
|
|
Time |
|
||
|
Place |
|
||
|
Details of offence |
|
||
|
|
|||
|
Written law contravened |
|
||
|
|
|||
|
Officer of the Commission withdrawing notice |
Name |
|
|
|
Signature |
|
||
|
Date |
Date of withdrawal |
|
|
|
Withdrawal of infringement notice
|
The above infringement notice issued against you for the above alleged offence has been withdrawn. If you have already paid the modified penalty for the alleged offence, you are entitled to a refund. [Insert details for processing of refund.] |
||
Amend the provisions listed in the Table as set out in the Table.
Table
|
Provision |
Delete |
Insert |
|
r. 23A(1) |
Penalty: $500 |
Penalty for this subregulation: a fine of $1 000 |
|
r. 38A(1) and (2) |
Penalty: $500 |
Penalty for this subregulation: a fine of $1 000 |
Part 6 — Racing and Wagering Western Australia Regulations 2003 amended
This Part amends the Racing and Wagering Western Australia Regulations 2003.
(1)Amend the provisions listed in the Table as set out in the Table.
Table
|
Provision |
Delete |
Insert |
|
r. 4(1) and (2) |
Penalty: $1 000 |
Penalty for this subregulation: a fine of $1 000 |
|
r. 13(1) |
Penalty: $1 000 |
Penalty for this subregulation: a fine of $1 000 |
|
r. 17(1) and (2) |
Penalty: $1 000 |
Penalty for this subregulation: a fine of $1 000 |
|
r. 22(2) |
Penalty: $1 000 |
Penalty for this subregulation: a fine of $1 000 |
|
r. 23 |
$1 000 |
a fine of $1 000 |
|
r. 73 |
$1 000 |
a fine of $1 000 |
(2)Amend the provisions listed in the Table as set out in the Table.
Table
|
Provision |
Delete |
Insert |
|
r. 21 |
$200 |
a fine of $1 000 |
|
r. 24(1) and (2) |
Penalty: $500 |
Penalty for this subregulation: a fine of $1 000 |
|
r. 24A(1), (2), (3), (4), (5) and (6) |
Penalty: $500 |
Penalty for this subregulation: a fine of $1 000 |
K. COLLERAN, Clerk of the Executive Council
© State of Western Australia 2025. This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2025. By Authority: GEOFF O. LAWN, Government Printer