Gaming and Wagering Commission Regulations 1988

 

Gaming and Wagering Commission Regulations 1988

CONTENTS

Part 1 — Preliminary

1.Citation1

2.Commencement1

3.Interpretation, and compliance with forms1

4.Prescribed fees2

Part 2 — Enforcement

5.Forfeiture3

6.Modified penalties and infringement notices3

6A.Form of warrant under section 253

Part 3 — The register

7.The register4

Part 4 — Permitted gaming

Division 1 — Gaming generally

8.Gaming permits5

9.Application for a gaming permit5

10.Application for approval of premises8

11.Applications for renewals, etc.9

12.Financial statements9

13.No permit required if gaming, etc. deemed permitted10

13A.Notification of conviction10

Division 2 — Continuing lotteries

14.Maximum number of tickets prescribed10

15.Records maintained under Part V, Division 711

Division 3 — Permitted two‑up

16.Financial information12

17.Suspension of permit14

17A.Prescribed gaming equipment14

Division 4 — Gaming machines and other equipment

18.Records and accounts14

18A.Regulation of certain gaming machines15

18AA.Video lottery terminals16

18B.Regulation of certain games used for gaming17

Division 5 — Permitted bingo

19.Rules18

20.Senior citizens recreation19

21.Percentage of receipts to be paid to Commission19

21A.Permits19

22.Sessions of bingo20

23.Control of session20

23A.Advertising value of prizes prohibited21

24.Prizes21

25.Expenses22

26.Playing of other games of chance22

Division 6 — Lotteries, etc.

Subdivision A — Standard lotteries

27.Rules for the conduct of a standard lottery23

28.Conditions relating to a standard lottery23

28C.Unsolicited lottery chances23

29.Completion date for drawing24

30.Unclaimed prizes24

30A.Prizes from donor organizations25

30B.Purchase of chances by organizations25

31.Small private lotteries26

Subdivision B — Continuing lotteries

32.Rules for the conduct of continuing lotteries26

33.Condition relating to a continuing lottery26

34.Ticket vending machines27

35.Accounts, etc.28

36.Distribution of benefit28

Subdivision C — Lotteries generally

37.Account book to be kept28

38.Prohibition as to private gain, etc.29

38A.Offences related to permitted lotteries29

Subdivision D — Amusements, etc.

39.Amusements30

39A.Entertainment or sporting amusements30

40.Minor fund raising activities30

40A.Football tipping (section 108)30

Part 5 — Miscellaneous

41.Premises where amusement machines are permitted32

42.Unclaimed winnings32

Schedule 1

Schedule 2 — Prescribed penalties under section 36(1)

Schedule 3 — Forms

Schedule 4

Rules for the conduct of permitted games43

Part 1 — Permitted bingo43

1.Children excluded43

2.Spotters excluded43

3.Checking players43

4.Bingo cards43

5.Playing of split games permitted43

5A.Award of prizes44

5B.Conclusion of a game of bingo44

6.Prohibitions44

7.Prizes to be announced45

8.Prize shared if more than one winner45

9.Prizes paid as soon as practicable46

10.Player who makes incorrect call allowed to continue play46

11.Late calls by players permitted46

12.Time when a call by a player made46

Part 2 — Permitted lotteries47

Division 1 — Rules for the conduct of a standard lottery47

1.Chance numbers47

2.Information on each ticket47

2A.Means of identifying the holder of a chance48

3.Results of draw48

4.Order in which prizes are to be drawn48

Division 2 — Rules for the conduct of a continuing lottery49

1.Information on each ticket49

2.Where tickets may be sold49

Notes

Compilation table50

Provisions that have not come into operation52

 

Gaming and Wagering Commission Act 1987

Gaming and Wagering Commission Regulations 1988

Part 1  Preliminary

1.Citation

These regulations may be cited as the Gaming and Wagering Commission Regulations 1988 1.

[Regulation 1 amended in Gazette 30 Jan 2004 p. 415.]

2.Commencement

These regulations shall come into operation on 2 May 1988.

3.Interpretation, and compliance with forms

(1)In these regulations — 

(a)a reference to a section shall be construed as a reference to that section of the Gaming and Wagering Commission Act 1987;

(b)a reference to a form by number is a reference to the form in Schedule 3 which bears that number;

(c)a reference to an organization is a reference to a body of persons, corporate or unincorporate.

(2)Strict compliance with the style of a form set out in Schedule 3 is not necessary, unless the Commission so requires.

(3)Strict compliance with the substance of, and the provision of the information required by, a form set out in Schedule 3 is necessary, unless the Commission otherwise agrees.

(4)A form in Schedule 3 is required to be completed in accordance with the directions and instructions specified in, or which relate to, that form.

(5)Where the space provided for a particular purpose in a form is not sufficient to contain all the required information in relation to a particular item, that information shall be set out in an annexure marked so as to identify it in relation to that item and signed by the person signing the form.

(6)A reference in these regulations to an annexure includes a document or any other matter accompanying, attached to or annexed to a form.

[Regulation 3 amended in Gazette 30 Jan 2004 p. 415.]

4.Prescribed fees

(1)In relation to a provision specified in column 1 of Schedule 1, for the purposes of an item described in column 2, the amount specified in column 3 in respect to that item shall be the amount payable as the prescribed fee.

(2)The Commission may at its discretion reduce, waive or refund, in whole or in part, any prescribed fee.

[Regulation 4 amended in Gazette 27 Mar 1992 p. 1370.]

Part 2  Enforcement

5.Forfeiture

For the purposes of section 32(2), the following offences are prescribed — 

(a)any offence contravening section 41(3), 42(4), 42(5), 43A(2), 43A(3), 44(1), 45(2), 45(4), 85(4) or 106; or

(b)any offence relating to prescribed gaming equipment, an unlawful gaming machine, or unlawful gaming equipment, within the meaning of section 84.

[Regulation 5 amended in Gazette 26 May 1989 p. 1548; 30 Jan 2004 p. 415.]

6.Modified penalties and infringement notices

(1)For the purposes of section 36(1) the offences which may be dealt with by way of an infringement notice are set out in Schedule 2 opposite the modified penalty prescribed for the offence.

(2)An infringement notice referred to in section 36(2) shall be in accordance with Form 1.

(3)Where an infringement notice is withdrawn under section 36(7) the notice of withdrawal shall be in accordance with Form 2.

6A.Form of warrant under section 25

A warrant for the purposes of section 25 shall be in accordance with Form 4.

[Regulation 6A inserted in Gazette 7 Oct 1988 p. 4106.]

Part 3  The register

7.The register

(1)The Commission shall cause the information required to be noted in the register maintained under section 50 — 

(a)to be entered in a computerised recording system approved by the chief executive officer providing a current description of the items required to be registered, to be retained in that part of the register for a period of 2 years; and

(b)after the expiry of the 2 year period, to be retained in a permanent record.

(2)Where a person who wishes to search the register is unable to furnish to the Commission sufficient details of an entry in the register to enable that entry to be readily identified, the Commission may in substitution for the search fee prescribed in Schedule 1 impose a charge which the Commission determines to be reasonable having regard to the time and work involved.

Part 4 — Permitted gaming

Division 1 — Gaming generally

8.Gaming permits

(1)A permit issued under section 47(1)(a) or (b) shall be in accordance with Form 3.

(2)The conditions applicable to a permit of a continuing nature may be varied by the Commission at any time by service on the permit holder of a notice setting out particulars of the variation, and that notice is deemed to be an annexure to the permit.

(3)Every permit under section 47(1)(a) or (b) or section 48 is issued subject to the condition that the permit holder is required to cause any gaming authorised by the permit to be conducted strictly in accordance with any rules and conditions — 

(a)specified in Schedule 4; or

(b)required by the Commission, and specified in an annexure to the permit,

in relation to gaming of that kind.

9.Application for a gaming permit

(1)An organization which, or an individual who, desires to apply to the Commission for approval as a person eligible to hold a gaming permit, or a permit in relation to a particular kind of permitted gaming, permitted lottery, or permitted provision of amusements with prizes, shall furnish to the Commission such information as it may require and in particular — 

(a)details of relevant experience in the conduct of gaming;

(b)details of any gaming equipment or other apparatus that may be proposed to be used, and from what source it is to be obtained;

(c)details of any person who, pursuant to a service agreement, is to perform any operation to which section 91 applies or is likely to apply;

(d)as to the facilities proposed to be made available, including a description of the premises which are to be used for, or the use of which will be ancillary to, the gaming;

(e)as to any arrangement or circumstances whereby the benefit arising from the holding of the permit may accrue to any other person;

(f)where the applicant is an organization, the manner of appointment of an individual who (if the Commission approves the individual as nominee permit holder) is to be responsible for the conduct of the gaming, and the written consent of that person to the appointment.

(2)An applicant for a gaming permit shall furnish to the Commission, or to a stipendiary magistrate acting in respect of a function permit on behalf of the Commission, at the time the application is made — 

(a)the name and address of the applicant, and if the applicant is an organization the name and address of the proposed nominee permit holder;

(b)the address of the premises where the gaming (not being a lottery) is to be conducted;

(c)if the applicant, the nominee permit holder or the premises have been approved by the Commission previously, particulars sufficient to identify the relevant entry in the register;

(d)the type of permit required, the nature of the gaming to be conducted, and the nature and value of any prizes to be offered;

(e)the period for which the permit is required, and if the application is for a function permit the nature and duration of the function;

(f)particulars of the object, or the activity, for the benefit of which the moneys raised by the proposed gaming are to be used, and of the intended manner of that use; and

(g)particulars of any charges to be made for participation in, or otherwise relating to, the gaming.

(3)An application for a function permit if made — 

(a)by or on behalf of a person or organization approved as eligible to hold a gaming permit in relation to gaming of the kind specified, or an approved nominee of such an organization; and

(b)in respect of premises approved, in relation to gaming of the kind specified,

may, unless the Commission otherwise directs, be made informally but otherwise should be made to the Commission or the magistrate not later than 7 days before the proposed gaming in writing on a form supplied by the Commission, unless the Commission or the magistrate agrees to give the application expedited consideration.

(4)An application for a gaming permit of a continuing nature shall be made in writing on a form supplied, or otherwise in a manner approved, by the Commission not later than 7 days before the proposed gaming, unless the Commission agrees to give the application expedited consideration.

(5)In addition to the amount prescribed in Schedule 1 as the fee payable on the issue of a gaming permit, the Commission may require an applicant to pay such charges as the Commission determines to be reasonable in relation to the inquiries and work involved to determine whether or not the applicant is a person to whom or which a permit should be granted, but where an entry relating to a person appears in the current part of the register in relation to a specific kind of gaming as a person approved as eligible to hold a permit in respect of gaming of that kind no charge under this subregulation is payable in respect of any further application by that person for a permit in respect of gaming of that kind.

[Regulation 9 amended in Gazette 30 Jan 2004 p. 415; 18 May 2004 p. 1572.]

10.Application for approval of premises

(1)An application for the grant by the Commission of approval to the use of premises for gaming shall be made, unless section 55(1)(a)(i) applies, in writing and the applicant shall — 

(a)disclose the nature and extent of the interest in the premises held by the applicant;

(b)describe, and give details of the title to, the premises;

(c)furnish evidence satisfactory to the Commission of the consent of the owner, and any relevant occupier, of the premises to the proposed use;

(d)state the periods, or the nature of the functions or occasions, for which the approval is sought; and

(e)state the kind of gaming, whether or not the public in general is to be allowed to participate, and any charges proposed for the use of the premises for permitted gaming.

(2)Where the approval of the Commission is sought to the use of premises for gaming in relation to function permits, unless for a specific occasion, or in relation to a permit of a continuing nature the Commission may require the applicant to pay such charges as the Commission determines to be reasonable having regard to any necessary inspection or inquiries made or to be made, but where a person has applied and approval has been granted in respect of any premises the terms of the approval shall be entered in the register and no further charge under this subregulation is payable in respect of any further use of those premises during the succeeding 5 years pursuant to a permit authorising the kind of gaming to which the approval of the premises relates.

[Regulation 10 amended in Gazette 30 Jan 2004 p. 415.]

11.Applications for renewals, etc.

(1)An application under section 56 for the renewal or re‑instatement of an approval, a permit or a certificate shall be made in the manner required in respect of an application for the grant of approval, or the issue of a permit or certificate, of that kind, or otherwise in a manner approved by the Commission, giving particulars sufficient to identify any previous relevant entry in the register and of any changes to the information furnished at the time of the original application not noted in the current register.

(2)The fee payable shall accompany the application at the rate applicable to the grant of a new approval, or the issue of a new permit or certificate, of that kind but may be re‑assessed by the Commission pursuant to section 49(2)(c), and any change in the fee resulting from the re‑assessment shall be payable, or refundable, on the grant of the approval or the issue of the permit or certificate.

12.Financial statements

(1)Every permit relating to — 

(a)permitted two‑up, unless section 80 applies;

(b)permitted bingo, unless section 95(2)(a) applies;

(c)a permitted lottery, not being a lottery to which section 103, 107 or 108 applies; or

(d)any other kind of gaming,

is issued subject to the condition that the permit holder is, whether or not required to furnish a report under section 57, required to prepare and furnish to the Commission a financial statement in or substantially complying with the form that is annexed to the permit, in accordance with the directions of the Commission specified in, or which relate to, that annexure.

(2)Unless it is otherwise provided in the directions of the Commission specified in, or which relate to, the form that is annexed to the permit, a permit to which subregulation (1) applies is issued subject to the condition that the financial statement referred to in that subregulation is required to be prepared and furnished to the Commission — 

(a)if the permit authorises a permitted lottery to which subregulation (1)(c) applies — 

(i)that is a standard lottery, within 14 days after the drawing of the lottery is completed; or

(ii)that is a continuing lottery, within 14 days after the date of the expiry of the permit;

or

(b)if the permit authorises any other kind of gaming, within 7 days after the date of the expiry of the permit.

[Regulation 12 amended in Gazette 28 Jun 1996 p. 3099; 16 May 1997 p. 2393.]

13.No permit required if gaming, etc. deemed permitted

Where gambling, a lottery or the provision of an amusement with prizes is deemed by the Act to be permitted, an application for, or the issue of, a permit in respect of it is not required.

[Regulation 13 amended in Gazette 30 Jan 2004 p. 415.]

13A.Notification of conviction

Every certificate and licence is issued subject to the condition that, if the holder of the certificate or licence is convicted of an offence, the holder of that certificate or licence must, in writing, notify the Commission of the conviction within 7 days.

[Regulation 13A inserted in Gazette 30 Jan 2004 p. 402.]

Division 2 — Continuing lotteries

[Heading inserted in Gazette 23 Jun 2000 p. 3206]

14.Maximum number of tickets prescribed

For the purposes of section 104L(1) of the Act the maximum number of tickets that may be in one batch shall be 5 000.

[Regulation 14 inserted in Gazette 23 Jun 2000 p. 3206.]

15.Records maintained under Part V, Division 7

(1)A person who is a licensed supplier under Part V, Division 7 of the Act shall maintain —

(a)a record in which there shall be recorded in respect of all tickets obtained by the licensed supplier —

(i)the name of the person from whom the tickets were obtained;

(ii)the day on which the tickets were obtained;

(iii)the number of batches obtained;

(iv)the number of tickets in each batch;

(v)the face value of the tickets in each batch; and

(vi)the series number of the tickets in each batch;

and

(b)a record in which there shall be recorded in respect of all tickets supplied by the licensed supplier —

(i)the name of the person to whom the tickets were supplied;

(ii)the day on which the tickets were supplied;

(iii)the number of batches supplied;

(iv)the number of tickets in each batch;

(v)the face value of the tickets in each batch; and

(vi)the series number of the tickets in each batch.

(2)A person who is a licensed supplier under Part V, Division 7 of the Act shall maintain a stock card in respect of each kind of ticket that has been obtained by, or supplied by, the licensed supplier showing —

(a)the face value of tickets of that kind; and

(b)the number of tickets of that kind that comprises a batch,

and setting out in respect of all tickets of that kind obtained by, or supplied by him, all of the other particulars referred to in subregulation (1)(a) and (b) and a running total of the number of batches of tickets of that kind currently in the possession of the licensed supplier.

(3)For the purposes of subregulation (2), tickets are of the same kind where —

(a)the tickets have the same face value and are identical if regard is not had to —

(i)the series number; or

(ii)the concealed portion that is to be exposed in the course of conducting a continuing lottery;

and

(b)the batch of which each ticket is a part comprises the same number of tickets.

(4)A person who is a licensed supplier under Part V, Division 7 of the Act and receives from a person from whom he has obtained tickets any invoice in respect of such tickets shall keep every such invoice for 5 years after the tickets were so obtained.

[Regulation 15 inserted in Gazette 23 Jun 2000 p. 3207‑8. ]

Division 3 — Permitted two‑up

16.Financial information

(1)Where a person is authorised pursuant to section 80(1)(b)(i) to conduct the game known as “two‑up”, that person shall within 7 days after each game lodge with the committee of the club by which he was authorised a return showing — 

(a)the gross proceeds of the game; and

(b)details of all expenses incurred by that person in the conduct of the game,

and give to that committee or its representative such further information as to the conduct of the game and the moneys involved as is requested.

(2)Within 7 days of conduct of a game to which section 80 applies, the committee of the club on behalf of which the permit relating to that game was issued shall prepare and furnish to the Commission a financial statement in or substantially complying with — 

(a)the form that is annexed to the permit, in accordance with the directions of the Commission specified in, or which relate to, that annexure; or

(b)any other form that may be required under section 82.

(2a)Where a person to whom subregulation (1) applies fails to give the committee the information required to enable the committee to comply with subregulation (2), the committee shall be deemed to have been required under section 82 to furnish to the Commission a statement setting out such relevant information as is available and informing the Commission of the steps taken by the committee to secure compliance with subregulation (1).

(3)A person to whom subregulation (1) applies or a committee or any person required to furnish information under section 82 shall, within such time as is required by the notice, furnish to an authorised officer or other officer of the Commission or a member of the Police Force such further information, books or other records for the purposes of furnishing or verifying the information required pursuant to subregulation (1) or section 82 as that officer or member of the Police Force may by notice in writing require.

[Regulation 16 amended in Gazette 28 Jun 1996 p. 3099; 16 May 1997 p. 2393.]

17.Suspension of permit

Where an authorised officer or other officer of the Commission or a member of the Police Force has reasonable cause to believe that a term or condition applicable to that permit has been or is likely to be contravened, the officer or member of the Police Force may serve on the holder of a permit authorising the conduct of two‑up, or on the nominee permit holder on behalf of that person, a notice in writing requiring that person to cause play to cease forthwith and that notice has effect to suspend immediately the operation of that permit in relation to the game of two‑up.

17A.Prescribed gaming equipment

The following equipment shall constitute prescribed gaming equipment for the purposes of section 84(1) of the Act —

(a)bingo cards for permitted bingo;

(b)video lottery terminals;

(c)gaming tables of a nature used for the playing of games authorised by a permit.

[Regulation 17A inserted in Gazette 30 Jan 2004 p. 402.]

Division 4 — Gaming machines and other equipment

18.Records and accounts

(1)For the purposes of this Division a person who rents from another any gaming equipment shall — 

(a)maintain records showing — 

(i)the type of gaming equipment rented;

(ii)the type and number of tokens rented;

(iii)the name of the agent supplying the equipment and tokens;

(iv)the period for which the equipment and tokens will be rented;

(v)the cost of renting the equipment;

(vi)the cost of renting the tokens; and

(vii)any maintenance charges or other payments required;

(b)maintain accounts showing the amount of money and the monetary value of any tokens — 

(i)removed from a gaming machine; or

(ii)hazarded on a game to which the equipment relates;

(c)retain those records and accounts for a period of 12 months; and

(d)furnish to the Commission on request copies of those records and accounts or such other information relating to the gaming equipment as the Commission may require.

(2)In subregulation (1) rents shall be construed as including any hiring or other disposition of gaming equipment for reward other than a sale.

18A.Regulation of certain gaming machines

(1)The possession or use of a gaming machine that is — 

(a)a machine of the kind generally known or described as a “Skilltester” or “Merchandiser” machine;

(b)a display case machine containing prizes that is in the nature of, or similar to a machine referred to in paragraph (a); or

(c)a machine played by inserting a coin into the machine and operating a mechanical assembly to pick up or otherwise convey a prize to the player,

is unlawful unless the conditions in subregulations (2), (3), (4) and (5) are met.

(2)A gaming machine may only be located in — 

(a)an amusement centre;

(b)an arcade;

(c)a shopping centre;

(d)a mall; or

(e)any other premises approved by the Commission and specified in a permit issued for that type of gaming machine.

(3)The maximum amount which may be charged per game for a machine is $5.

(4)The prizes which may be won by using a gaming machine must be prizes in the nature of goods and not money.

(5)The maximum retail value of a prize which may be won using a gaming machine is $50.

[Regulation 18A inserted in Gazette 22 Oct 1993 p. 5805‑6; amended in Gazette 22 Apr 1994 p. 1710; 30 Jan 2004 p. 415.]

18AA.Video lottery terminals

(1)In these regulations, video lottery terminal means a device which displays electronically on a video screen a depiction of a card displaying symbols, by reference to which prizes in the game played may be won.

(2)The possession or use of a video lottery terminal is unlawful unless the conditions in subregulations (3), (4), (5), (6), (7), (8) and (9) are met.

(3)A video lottery terminal must not — 

(a)provide a means of direct cash pay out; or

(b)allow more than 4 different kinds (series) of the same type of game to be played at any one time.

(4)A video lottery terminal shall not be constructed or adapted so as to be playable by means of the insertion of any cash, other than of the amount determined from time to time by the Commission.

(5)A video lottery terminal shall not dispense to the person playing the device any thing other than, where the card displayed electronically by the device constitutes a winning score, a prize docket evidencing the amount of the win.

(6)A prize docket evidencing a win on a video lottery terminal shall be exchangeable with a person authorised by the permit holder for cash equal to the amount displayed on that docket.

(7)A video lottery terminal shall be located in premises approved by the Commission and specified in a permit issued in respect of that device, and not elsewhere.

(8)The total value of the prize dockets a video lottery terminal is designed to distribute shall comprise 70% of the total cash received by the device.

(9)Of the total amount of cash received by a video lottery terminal 3.25% shall be paid to the Commission, to be distributed in the manner set out in section 104G(2) of the Gaming and Wagering Commission Act 1987 2.

[Regulation 18AA inserted in Gazette 15 Dec 1995 p. 6124‑5; amended in Gazette 28 Jun 1996 p. 3099; 23 Jun 2000 p. 3208.]

18B.Regulation of certain games used for gaming

(1)The possession or use of an item of gaming equipment, other than one referred to in regulation 18A or 18AA, the playing of which can result in vouchers being dispensed, at the conclusion of a sequence of play, that may be exchanged for prizes is unlawful unless the conditions in subregulations (2), (3), (4), (5) and (6) are met.

(2)An item of gaming equipment may only be located in — 

(a)premises approved by the Commission and specified in the permit as being approved for that particular item of gaming equipment; or

(b)premises approved by the Commission and specified in a permit as being approved for a specified class of gaming equipment of which that item forms a part.

(3)The maximum amount which may be charged per sequence of play is $5.

(4)In the case of amusement parlours, the maximum value of the voucher or vouchers which may be dispensed per sequence of play must not exceed a value which is 10 times the amount charged per sequence of play for that game.

(5)The prizes which may be won by exchanging a voucher or a number of vouchers must be prizes in the nature of goods and not money.

(6)The maximum retail value of a prize which may be won is — 

(i)$500, if the prize is won by exchanging a voucher or a number of vouchers dispensed at an amusement parlour; or

(ii)$50, if the prize is won by exchanging a voucher dispensed at any other premises.

(7)In this regulation — 

amusement parlour means premises where — 

(a)video machines and other games of chance are played; and

(b)the predominant purpose of the premises is to provide a place to play such machines or games of chance;

voucher includes a ticket, a token, or any other symbolic item of exchange.

[Regulation 18B inserted in Gazette 22 Oct 1993 p. 5806; amended in Gazette 22 Apr 1994 p. 1710; 6 Jan 1995 p. 27‑8; 15 Dec 1995 p. 6125; 30 Jan 2004 p. 416.]

Division 5 — Permitted bingo

19.Rules

(1)Rules for the conduct of games of bingo are set out in Part 1 of Schedule 4.

(2)The permit holder shall cause a copy of those rules to be displayed in each of the following locations — 

(a)at the entrance to the premises;

(b)in close proximity to the players; and

(c)in close proximity to the caller.

20.Senior citizens recreation

Where bingo is conducted by, on behalf of, and at a club the members of which are wholly or mainly senior citizens or pensioners, and the persons participating in the play are members or the guests of members, no fee or other charge under these regulations is payable.

21.Percentage of receipts to be paid to Commission

Subject to regulation 20, the holder of a permit authorising the playing of the game of bingo is to pay to the Commission, within 7 days of the conclusion of a session of bingo (or such longer period as the Commission allows), 1% of the gross receipts obtained from participants in that session.

[Regulation 21 inserted in Gazette 28 Jun 1996 p. 3099.]

21A.Permits

(1)A permit shall specify, as a condition of that permit, whether a session of the permitted bingo is to be conducted in the day (any 3 hour period after 9 a.m. and before 7 p.m.) or at night (any 3 hour period after 7 p.m. and before 9 a.m.).

[(2)repealed]

(3)Premises may not be used to conduct more than one day session and one night session of bingo in any 24 hour period.

[Regulation 21A inserted in Gazette 21 May 1993 p. 2520; amended in Gazette 30 Jul 2002 p. 3530.]

22.Sessions of bingo

(1)For the purposes of these regulations a session of bingo is a period — 

(a)of not more than 3 hours; or

(b)in which 30 games are played,

whichever is the shorter.

(2)Except where the permit otherwise provides — 

(a)not more than one session of bingo shall be conducted under the authority of that permit in any week;

(aa)not more than one session per month per premise shall have a requirement that participants purchase a minimum number of books of tickets as a condition of entry to that session;

(b)no charge for admission to a session of bingo shall be made;

(ba)the purchase of raffle tickets shall not be a prerequisite to participation in a session of bingo.

[Regulation 22 amended in Gazette 6 Apr 1990 p. 1768; 21 May 1993 p. 2520.]

23.Control of session

(1)Each session of bingo shall be controlled by — 

(a)a person appointed by the permit holder from a list of persons the appointment of whom the permit holder has had authorised by the Commission; and

(b)at least 2 other persons to assist that person, appointed by the club.

(2)The person appointed by the permit holder under subregulation (1)(a) shall — 

(a)in respect of each session keep, or cause to be kept, an accurate record of — 

(i)the gross receipts for each game of bingo; and

(ii)the amount of the prizes awarded for each game;

(b)where a session has more than 100 participants, provide not less than 2 spotters for each session, who shall not participate in the session;

(c)at the conclusion of each game, cause the winning card numbers to be called back and checked with the drawn numbers by 2 unsuccessful players in the game; and

(d)ensure that the unsuccessful players only participate in the call back for one game in each session.

[Regulation 23 amended in Gazette 6 Apr 1990 p. 1768.]

23A.Advertising value of prizes prohibited

(1)The permit holder, organizer, promoter or a person appointed by the permit holder under regulation 23(1) shall not, prior to a session — 

(a)advertise or cause to be advertised; or

(b)announce or cause to be announced,

the value of a prize at that session.

Penalty: $500.

(2)For the purpose of subregulation (1) a reference to the value of any prize includes a reference to a projected value, an estimated value or a potential value of a prize.

[Regulation 23A inserted in Gazette 27 Feb 1991 p. 5068.]

24.Prizes

The total of all prizes paid for each session of bingo shall be calculated on the percentage of gross receipts for the session in accordance with the following table — 

Table

Gross receipts

Total of prizes

Permitted variation

$1 500 and under

no limit

$1 501 to $3 000

60%

10%

$3 001 and above

60%

5%

[Regulation 24 amended in Gazette 15 Feb 1994 p. 552.]

25.Expenses

(1)Unless prior agreement is obtained from the Commission in writing, expenses shall not exceed 20% of gross receipts.

(2)For the purposes of this regulation — 

(a)the cost of any bus used to carry participants or organizers, to or from the venue; and

(b)the total retail value of incentives offered, or where any incentive offered has been donated, the retail cost of that incentive,

shall be included in the calculation of expenses.

(3)For the purpose of this regulation, receipts from bingo, and from any lottery and any continuing lottery conducted at or in connection with a session of bingo, shall be included in the calculation of the gross receipts.

[Regulation 25 inserted in Gazette 6 Apr 1990 p. 1768.]

26.Playing of other games of chance

(1)Subject to subregulation (2), no other game of chance or lottery shall be conducted, or permitted to be conducted, on the same premises as are used for the conduct of any session of bingo.

(2)A continuing lottery, a lottery deemed to be permitted under section 103, or both, may be conducted or permitted to be conducted on the same premises as are used for the conduct of any session of bingo.

(3)Where a lottery is conducted by a bingo permit holder pursuant to subregulation (2), that permit holder shall cause to be kept accurate records of — 

(a)the gross receipts for each lottery; and

(b)the amount of prizes awarded for each lottery.

[Regulation 26 inserted in Gazette 6 Apr 1990 p. 1768­‑9.]

Division 6 — Lotteries, etc.

Subdivision A — Standard lotteries

27.Rules for the conduct of a standard lottery

Rules for the conduct of a standard lottery, other than a lottery deemed to be permitted under section 103, are set out in Division 1 of Part 2 of Schedule 4.

28.Conditions relating to a standard lottery

A permit for a standard lottery shall contain conditions limiting — 

(a)the total number of — 

(i)chances which may be offered for sale; or

(ii)subscriptions which may be received;

(b)the price of each chance or subscription;

(c)the dates between which chances may be sold or subscriptions called; and

(d)the maximum retail value of prizes or amount of prize money which may be distributed and offered.

[Regulation 28 amended in Gazette 11 May 1993 p. 2397.]

[28A, 28B.Repealed in Gazette 6 Jul 1993 p. 3312.]

28C.Unsolicited lottery chances

No chance in a lottery, whether represented by the issue of a ticket in that lottery or allocated in the form of a lucky number or in any other way, shall be sent, posted or allocated to any person for the purposes of sale to or by that person unless that person has previously consented to either buy or sell that chance.

[Regulation 28C inserted in Gazette 11 May 1993 p. 2398.]

29.Completion date for drawing

(1)A permit holder shall complete the drawing of a standard lottery within 14 days of the closing date of the lottery, unless the Commission authorises a longer time period in the permit for that lottery.

(2)Where under section 104(3) of the Act the Commission permits a permit holder to postpone the closing date of a standard lottery, the permit holder shall cause the new closing date to be made available to the public using the means by which notification of winners is to take place.

[Regulation 29 inserted in Gazette 11 May 1993 p. 2398; amended in Gazette 23 Feb 1996 p. 674.]

30.Unclaimed prizes

(1)Where any prize in a standard lottery is not claimed within 1 year of the date of drawing the permit holder shall furnish to the Commission in writing — 

(a)the name, and any known address, of the prize winner;

(b)details of the prize; and

(c)particulars of the steps taken to locate the prize winner.

(2)The Commission may give directions to the permit holder to take specific further steps to locate the prize winner.

(3)Where, after the expiry of such period as the Commission may set following receipt of a notification under subregulation (1), a prize remains unclaimed the Commission may — 

(a)direct that any property or money representing that prize be applied to any object detailed in the application, if section 58 applies; and

(b)otherwise, give directions as to the disposal of the prize.

(4)It is deemed to be a condition imposed in relation to any permit issued in respect of a lottery that the permit holder will cause any direction given under this regulation to be implemented.

30A.Prizes from donor organizations

(1)Where a permit holder obtains an undertaking from a donor organization that a prize will be offered, and prior to the drawing of the lottery — 

(a)the donor organization has not honoured its undertaking; or

(b)in the opinion of the Commission, exceptional circumstances exist,

the permit holder may, after first obtaining the written approval of the Commission, pay the equivalent cash value of the prize, or substitute the same or a similar prize of equal value, in place of the original prize.

(2)The Commission may grant approval, for the purposes of subregulation (1), where an application, in writing, for that approval is received from the permit holder prior to the drawing of the relevant lottery.

(3)For the purposes of subregulation (1), donor organization includes an individual.

[Regulation 30A inserted in Gazette 27 Sep 1991 p. 5069.]

30B.Purchase of chances by organizations

(1)A body on behalf of which or for the purposes of which a standard lottery is conducted or a person acting on behalf of that body shall not purchase or otherwise acquire a chance in that standard lottery.

(2)Where a chance in a lottery is purchased or otherwise acquired by a body on behalf of which or for the purposes of which a standard lottery is conducted or by a person acting on behalf of that body, that chance shall be ineligible for any prize in that lottery.

[Regulation 30B inserted in Gazette 11 May 1993 p. 2398.]

31.Small private lotteries

For the purposes of section 103 — 

(a)the amount prescribed under subsection (1)(d) as the maximum value of any prize is $500; and

(b)the amount prescribed under subsection (2)(c) as the aggregate prize value is $1 000.

[Regulation 31 amended in Gazette 16 May 1997 p. 2393.]

Subdivision B — Continuing lotteries

32.Rules for the conduct of continuing lotteries

Rules for the conduct of continuing lotteries are set out in Division 2 of Part 2 of Schedule 4.

33.Condition relating to a continuing lottery

(1)A permit for a continuing lottery shall contain conditions — 

(a)limiting the total number of tickets which may be offered for sale;

(b)specifying the price of tickets; and

(c)specifying or limiting the premises or locations where tickets may be sold.

(2)Every permit for a continuing lottery is issued subject to the conditions — 

(a)that all tickets offered for sale in that lottery are obtained from a person who is a licensed supplier within the meaning of section 108 of the Stamp Act 1921;

(b)that the total value of the prizes that may be won shall be not less than 60% of the total face value of the tickets; and

(c)that each ticket offered for sale is so made that the layer concealing the symbols, from which the holder of a ticket ascertains whether or not the presentation of the ticket will entitle the holder to receive any prize in the lottery, is continuously sealed on all sides against the portion of the ticket on which the symbols are printed.

34.Ticket vending machines

(1)For the purposes of section 105(2), the following premises are premises of a prescribed kind —

(a)premises licensed under a written law for the sale or supply of alcoholic liquor;

(b)premises at which permitted bingo may be conducted during any period commencing 1 hour before, and ending 30 minutes after, bingo is conducted at the premises.

(2)The permit holder shall cause each ticket vending machine — 

(a)to be identified by a number permanently fixed on the vending machine; and

[(b)deleted]

(c)unless in a club, to have — 

(i)the cash tray separately locked and independent from any other part of the machine;

(ii)a notice clearly displayed on it specifying the organization for the benefit of which and the purposes to which proceeds of the lottery are to be applied,

and compliance with this subregulation is a condition imposed and deemed to be implied in respect of every licence to conduct a continuing lottery using a ticket vending machine.

[Regulation 34 amended in Gazette 4 Aug 1998 p. 3989; 21 Dec 2001 p. 6551.]

35.Accounts, etc.

With respect to a continuing lottery, all accounts, tickets, vouchers and things relating to the lottery shall at all times be kept readily accessible by the permit holder for inspection or audit as provided by the Act.

[Regulation 35 inserted in Gazette 16 May 1997 p. 2393.]

36.Distribution of benefit

Where an organization or purpose is named in the permit as that on behalf of which a continuing lottery is conducted then, subject to section 58, not less than 15% of the total face value of the tickets sold shall be distributed to that organization or applied for that purpose.

Subdivision C — Lotteries generally

37.Account book to be kept

An account book required to be kept by the permit holder under section 104(3)(a) in relation to a standard lottery, or required to be kept by the permit holder under a condition imposed in respect of a continuing lottery, shall be in a form agreed with the Commission prior to the issue of the permit for the lottery concerned and shall show — 

(a)from what sources property or moneys are received in connection with the lottery, and the nature and value of each item;

(b)the retail value placed on any prize other than a monetary prize;

(c)the nature and purpose of all outgoings, the amount or item disbursed and the recipient;

(d)if the Commission requires, the persons authorised to sell tickets or chances or to receive subscriptions and the nature and extent of that authorisation;

(e)the manner in which the prizes were distributed, and the recipients;

(f)the manner in and the purposes for which proceeds were distributed, the amounts or items disbursed for each purpose and the recipients;

(g)any unclaimed prizes or moneys; and

(h)whether any and what property or moneys remain,

and such other information as the Commission may require under a condition imposed in respect of the permit, shall be retained for 1 year after the expiration of the permit, and shall be furnished to the Commission on request.

38.Prohibition as to private gain, etc.

Every permit relating to a lottery is issued subject to the conditions that — 

(a)no part of any property or money donated for the purposes of the lottery is to be used for any other purpose; and

(b)the whole proceeds of the lottery after deduction for proper expenses are to be devoted to purposes other than private gain.

38A.Offences related to permitted lotteries

(1)A person who conducts a permitted lottery otherwise than in accordance with any condition imposed in respect of the permit commits an offence.

Penalty: $500.

(2)A person who conducts a standard or continuing lottery other than in accordance with — 

(a)the regulations; or

(b)a condition imposed by or under the regulations,

commits an offence.

Penalty: $500.

[Regulation 38A inserted in Gazette 11 May 1993 p. 2398.]

Subdivision D — Amusements, etc.

39.Amusements

For the purposes of section 107(4) — 

(a)the amount paid for a chance to win a prize shall not exceed $5; and

(b)no money prize shall be distributed or offered of an amount exceeding $50.

[Regulation 39 amended in Gazette 8 Feb 1991 p. 651.]

39A.Entertainment or sporting amusements

For the purposes of section 107(1), an amusement with prizes which constitutes gaming or a lottery or both which is provided in relation to or in connection with any entertainment or sporting event is unlawful if — 

(a)the amount paid for a chance to win a prize exceeds $2;

(b)the maximum prize to be distributed exceeds $10 or $10 worth; or

(c)the amusement with prizes is conducted at any time other than during the entertainment or sporting event to which it relates.

[Regulation 39A inserted in Gazette 30 Apr 1993 p. 2282‑3.]

40.Minor fund raising activities

Subject to regulation 40A, for the purposes of section 108, the aggregate value of prizes shall not exceed $200.

[Regulation 40 amended in Gazette 23 Jun 2000 p. 3208.]

40A.Football tipping (section 108)

Despite regulation 40, if a person is conducting a football tipping competition under section 108, the aggregate of the prizes offered for the football season to which the competition relates may exceed $200, but shall not exceed $10 000.

[Regulation 40A inserted in Gazette 15 Mar 2002 p. 1313.]

Part 5 — Miscellaneous

[Heading inserted in Gazette 4 Aug 1998 p. 3989.]

41.Premises where amusement machines are permitted

Premises where there is no gaming equipment in use except machines of the kind described in section 39(2)(e) are prescribed for the purposes of that section.

[Regulation 41 inserted in Gazette 4 Aug 1998 p. 3989.]

42.Unclaimed winnings

For the purposes of section 109B(1)(a) and (b), the prescribed amount is 99 cents.

[Regulation 42 inserted in Gazette 4 Aug 1998 p. 3989.]

 

Schedule 1

[r. 4]

Prescribed fees

Column 1

Provision

Column 2

Description

Column 3

Amount

$

50(3)

Fee for  

 

 

(a)search of the register for an identified entry ……………………………………...


6

 

(b)copy of extract from register ......................

11

47

Fee on application for a function permit for  

 

 

(a)an item of gaming equipment (regulation 18B(2)(a)) ................................


25

 

(b)a class of gaming equipment (regulation 18B(2)(b)) ................................


45

47

Fee on application for a permit of a continuing nature for  

 

 

(a)a video lottery terminal (regulation 18AA(7)) …………………….


25

 

(b)an item of gaming equipment (regulation 18B(2)(a)) ................................


45

 

(c)a class of gaming equipment (regulation 18B(2)(b)) ................................


85

47, 53

Fee on application for a function permit for  

 

95

(a)bingo ...........................................................

15

96

(b)multiple bingo, for each premises ..............

15

97

(c)simultaneous bingo, for each premises ......

15

104

(d)a standard lottery — 

 

 

(i)where the total retail value of prizes or prize money does not exceed $5 000 …………………….



25

 

(ii)otherwise ........................................

55

104

(da)a standard lottery of a kind generally known or described as a calcutta ................


55

104

(e)a continuing lottery .....................................

10

 

(f)gaming (per day authorised)  

 

 

(i)1‑5 tables ........................................

160

 

(ii)6‑10 tables ......................................

275

 

(iii)over 10 tables .................................

330

 

(g)two‑up  

 

80

(i)by a country race club ....................

110

81

(ii)otherwise ........................................

160

47, 53

Fee on application for a permit of a continuing nature for  

 

95

(a)bingo ...........................................................

25

96

(b)multiple bingo, for each premises ..............

25

97

(c)simultaneous bingo, for each premises ......

25

104

(d)a standard lottery, where the total retail value of prizes or prize money is — 

 

 

(i)not more than $5 000 .....................

35

 

(ii)more than $5 000 but not more than $50 000 ...................................


85

 

(iii)more than $50 000 but not more than $100 000 .................................


165

 

(iv)more than $100 000 but not more than $200 000 .................................


330

 

(v)more than $200 000 ........................

550

104

(da)a standard lottery of a kind generally known or described as a calcutta ................


110

104

(e)a continuing lottery ....................................

20

 

(f)gaming (per day authorised)  

 

 

(i)1‑5 tables ........................................

135

 

(ii)6‑10 tables ......................................

245

 

(iii)over 10 tables .................................

300

 

(g)two‑up  

 

80

(i)by a country race club, per day authorised .......................................


90

81

(ii)otherwise, per day authorised .........

135

53, 55

Fee on application for approval of premises  

 

 

(a)for a specific function ......................

15

 

(b)for functions from time to time ........

55

 

(c)for permit of a continuing nature .....

55

92

Fee on the issue of a certificate relating to  

 

96(2)(c)

(a)multiple bingo ............................................

110

97(2)(c)

(b)simultaneous bingo ....................................

110

98(c)

(c)assisting in the conduct of bingo, for hire or reward ....................................................


110

92

Fee for an approved operator’s certificate ....................

160

88(5)

Fee on the issue of a certificate .....................................

220

104B

Fee on application to be a licensed supplier under section 104B .................................................................


220

[Schedule 1 inserted in Gazette 9 Jul 2004 p. 2782-4.]

Schedule 2

Prescribed penalties under section 36(1)

Section

Description of offence

Modified

penalty

 

 

$

41(3)

Being concerned in the conduct of gambling at a common gaming house .....................................................

 

250

41(6)

Being present at a common gaming house for the purpose of taking part in gambling ...................................

 

50

42(4)

Being knowingly concerned in the conduct of an unlawful game ...................................................................

 

200

42(5)

Playing or wagering on an unlawful game ........................

50

44(1)

Cheating by deceit or any fraudulent means .....................

250

45(1)

Fraudulent falsification of gaming records .......................

200

45(2)

Fraudulent conduct of permitted gaming ..........................

200

45(3)

Unauthorised diversion of funds raised ............................

100

45(4)

Conduct of permitted gaming in an unauthorised manner

100

86

Inserting in a gaming machine anything other than money or an authorised token ...........................................

 

20

95(4)

Participating in bingo when not on the premises, or on behalf of another person not present on the premises …...

 

20

38A(1)

Conducting a permitted lottery otherwise than in accordance with a permit ..................................................

 

100

38A(2)

Conducting a standard or continuing lottery otherwise than in accordance with the regulations ............................

 

100

[Schedule 2 amended in Gazette 27 Sep 1991 p. 5069; 11 May 1993 p. 2398; 28 Jun 1996 p. 3099; 30 Jan 2004 p. 416.]

Schedule 3

Forms

Form 1

Gaming and Wagering Commission Act 1987

[s. 36(2)]

INFRINGEMENT NOTICE

No. ..................................

Date of service ....................................

1. To..................................................................................................................

(Surname)(other names)

of ..................................................................................................................

................................................................................... Postcode ...................

It is alleged that at about ...................a.m./p.m. on the ......................... day of .......................... 20 .........., at ..................................................................

(Name of Premises)

you committed the offence described below and are liable for the modified penalty stated.

........................................................

*Police officer or

Authorised officer for

the Gaming and Wagering Commission of Western Australia.

2. SectionDescription of offenceModified penalty

 

 

 

 

3.If for any reason you wish to have the matter determined in a court hearing you need not reply and may decline to pay the modified penalty, but in that case court proceedings may be taken against you and you may be liable both for costs and a fine for the offence.

4.You may pay the modified penalty within 21 days of the date of this notice, but if the modified penalty is not then paid you will be deemed to have declined to pay it and court proceedings may be taken.

5.Payment may be made by completing item 6 and either — 

(a)posting this form and a cheque, money order or postal note for the amount of the modified penalty specified in item 2, to the Gaming and Wagering Commission, P.O. Box 6119, East Perth W.A. 6004; or

(b)delivering this form and paying the amount to the Gaming and Wagering Commission, 1st Floor, Hyatt Centre, 87 Adelaide Terrace, Perth W.A. 6000.

6.I, ..................................................................................................................

(Name)

of .................................................................................................................

(number and street)

......................................................................................................................

(town or suburb)(Postcode)

agree to pay the modified penalty for the offence indicated in this form.

..............................................

(Signature of offender)

*Delete whichever is inapplicable

[Form 1 amended in Gazette 30 Jan 2004 p. 416.]

Form 2

Gaming and Wagering Commission Act 1987

[s. 36(7)]

WITHDRAWAL OF INFRINGEMENT NOTICE

No. ..................................

Date of Service .......................... 20 ......

To ............................................................of ...........................................................

(Name)(Address)

Infringement notice No ...................... served on you on the ..................... day of ................................ 20 ...... for the offence described below is hereby withdrawn.

..............................................

Authorised officer for

the Gaming and Wagering Commission of Western Australia.

SectionDescription of offenceModified penalty

[Form 2 amended in Gazette 30 Jan 2004 p. 416.]

Form 3

Gaming and Wagering Commission Act 1987

[s. 47; 51]

GAMING PERMIT

No....................................

The Gaming and Wagering Commission grants — 

*(1) to .......................................... of .........................................................*and/or

*(2) to ........................................ of ..................................... (approved nominee)

as a person appointed by and responsible for the conduct of gaming on behalf of *(3) ............................................. of .................................................................... a *function/continuing permit to conduct (4) ........................................................... at (5) ....................................................................................................................... which is valid, *during (6) ..................................................................................... from (7) ............a.m./p.m. on ............... to ................ a.m./p.m. on ....................... ................................................................................................................................

................................................................................................................................

This permit is granted subject to the conditions implied by the Gaming and Wagering Commission Act 1987 or prescribed in regulations made under that Act and also to the conditions endorsed below or annexed.

Conditions

................................................................................................................................

................................................................................................................................

................................................................................................................................

(8)....................................................

for the Gaming and Wagering Commission

Issued .................................... 20 ............

Fee ........................... Receipt No. ..................... dated ..........................................

Notes

Insert

(1)Name and address of permit holder, if not issued on behalf of a body of persons.

(2)Name and address of individual approved as nominee permit holder.

(3)Name and address of organization, club or other body.

(4)The kind of gaming authorised.

(5)Address of approved premises.

(6)Where it is a function permit, a description of the function.

(7)The duration of the period concerned, or the days authorised.

(8)Signature of the officer of the Commission or, in the case of a function permit, of the Stipendiary Magistrate by whom the permit was issued.

*Delete if inapplicable.

[Form 3 amended in Gazette 30 Jan 2004 p. 416.]

Form 4

Gaming and Wagering Commission Act 1987

[s. 25]

WARRANT

I, [insert name of justice of the peace granting the warrant], of ............................ .............................., being a JUSTICE OF THE PEACE and being satisfied upon complaint by [insert name of complainant] that there is reason to suspect that contrary to the Gaming and Wagering Commission Act 1987

(1)(a)premises are or are to be opened, kept or used as a common gaming house;

(b)unlawful gaming is, has been or is about to be conducted at the premises; or

(c)an offence in relation to permitted gaming is, or is likely to be, committed at the premises;

at (2)........................................................................................................................

................................................................................................................................

HEREBY GRANT to (3) .......................................................................................

THIS WARRANT empowering that person to enter those premises with such other persons as may be necessary to assist using such force as may be necessary and there to do any of the things referred to in paragraphs (a), (b) and (c) of section 25(2) of that Act, and this warrant continues to have effect until the purposes for which it was granted is satisfied.

Granted on .............................................................................................................

at ............................................................................................................................

...................................................

Signature of justice of the

peace granting the warrant.

(1)Delete if any inapplicable.

(2)Insert particulars of premises.

(3)Insert the name and designation of the authorised officer or member of the Police Force.

[Form 4 inserted in Gazette 7 Oct 1988 p. 4106; amended in Gazette 30 Jan 2004 p. 416.]

Schedule 4

Rules for the conduct of permitted games

Part 1 — Permitted bingo

Rules for the conduct of bingo

1.Children excluded

Children under 12 years of age are not permitted to play bingo.

2.Spotters excluded

Spotters for the session are not permitted to play bingo at that session.

3.Checking players

An unsuccessful player may only take part in the call back of a game once in each session.

4.Bingo cards

(1)Every bingo card must have 15 numbers printed on it.

(2)All cards used in any one game must bear the same serial number, and that number must be announced to players immediately before the commencement of each game.

5.Playing of split games permitted

(1)A split game, involving a specified pattern or range of numbers, may be played during a game of bingo.

(2)Where a split game is to be played during a game of bingo the permit holder must cause the type of split game or games that are to be played to be announced before the commencement of the game.

(3)Where no split game is to be played during a game of bingo, the permit holder will cause this to be announced before the commencement of the game.

(4)Interim prizes will be awarded to players winning split games in accordance with rule 5A(2)(a).

[Clause 5 inserted in Gazette 15 Feb 1994 p. 553.]

5A.Award of prizes

(1)For the purposes of this rule a number is properly called when the person calling the number has announced both the number displayed to him or her and any colloquial expression for that number (eg. for number 22 — “2 little ducks, 22”).

(2)A prize for a winning split or a full house will not be awarded to a player unless — 

(a)in the case of a player calling a winning split, the last number properly called forms part of the winning split; and

(b)in the case of a player calling a full house, the last number properly called is on the players card.

[Clause 5A inserted in Gazette 15 Feb 1994 p. 553.]

5B.Conclusion of a game of bingo

(1)A game of bingo concludes when a player is awarded a prize for obtaining a full house.

(2)Where — 

(a)a split game is being played during a game of bingo; and

(b)a player obtains a full house before any player obtains a winning split,

the player obtaining the full house will receive any unclaimed prize in respect of the split game in addition to the prize awarded for the full house.

[Clause 5B inserted in Gazette 15 Feb 1994 p. 553.]

6.Prohibitions

Except where the gaming permit authorises it — 

(a)the price of a card — 

(i)where the card is a separate “flyer” card, shall not exceed 50 cents; or

(ii)shall not exceed 30 cents;

(b)there shall be no more than 2 games using “flyer” cards per session;

(c)there may be one game in which both a standard prize and a prize contingent on the number of calls made prior to a winning card being announced (snowball prize) may be offered, and the “snowball” prize shall — 

(i)if not won, be offered in the next session without increasing in value; and

(ii)be included in the calculation of the value of the total prizes paid for each session at which it is offered;

and

(d)a prize — 

(i)shall not accumulate; and

(ii)shall not form part of a jackpot based on accumulated prize money.

[Clause 6 inserted in Gazette 6 Apr 1990 p. 1769; amended in Gazette 16 May 1997 p. 2394.]

7.Prizes to be announced

(1)The permit holder will cause the value of the prizes for each game to be announced before the commencement of the game.

(2)If the prizes for a game consist of, or include, something else having a value other than money (prize goods), the aggregate value of the prize goods for the game shall not exceed $1 000.

(3)A player who is awarded prize goods will be offered money to the value of the prize goods as an alternative prize in place of the prize goods and may choose to receive either the prize goods or the money.

[Clause 7 amended in Gazette 16 May 1997 p. 2394.]

8.Prize shared if more than one winner

(1)Where there is more than one winning card the prize money will be shared equally among all the winners.

(2)Where — 

(a)there is more than one winning card in relation to a prize that consists of, or includes, something else having a value other than money (prize goods); and

(b)it is not possible or practicable to share the prize goods equally among all the winners,

money to the value of the prize goods will be shared equally among all the winners in place of the prize goods.

[Clause 8 amended in Gazette 16 May 1997 p. 2394.]

9.Prizes paid as soon as practicable

Prizes awarded for each game of bingo will be paid as soon as practicable after the conclusion of that game.

10.Player who makes incorrect call allowed to continue play

A player who incorrectly calls a winning split or a full house in a game is allowed to continue to play in that game.

[Clause 10 inserted in Gazette 15 Feb 1994 p. 554.]

11.Late calls by players permitted

A call by a player indicating a winning split or full house in a game will be accepted if it is made by the player at any time prior to the conclusion of the calling back of the numbers for that split game or game (as the case may be).

[Clause 11 inserted in Gazette 15 Feb 1994 p. 554.]

12.Time when a call by a player made

A call by a player indicating a winning split or full house is not a valid call unless the call is acknowledged by the person calling the numbers or by a spotter.

[Clause 12 inserted in Gazette 15 Feb 1994 p. 554.]

Part 2 — Permitted lotteries

Division 1 — Rules for the conduct of a standard lottery

1.Chance numbers

Chances shall — 

(a)not exceed the total number authorised by the permit; and

(b)be numbered consecutively, whether issued in the form of tickets or allocated in the form of lucky numbers or otherwise.

[Clause 1 inserted in Gazette 11 May 1993 p. 2399.]

2.Information on each ticket

(1)Each chance in the form of a ticket shall have printed on it — 

(a)the number;

(b)the price;

(c)the name and address of the permit holder;

(d)the name of the body on behalf of which, or the purposes for which, the lottery is conducted;

(e)the number of the permit;

(f)the amount, or the nature and retail value, of each prize;

(g)the closing date, and the date of drawing if that differs from the closing date; and

(h)the manner in which notification of winners is to take place.

(2)Where the chance is not in the form of a ticket, the information required under subrule (1) shall be printed on the document used by the purchaser of the chance to make that purchase.

(3)The manner of notifying winners to be printed on tickets under subrule (1)(h) must be — 

(a)the printing of the results in a publication, the name and date of issue of which are printed on the ticket; or

(b)the printing of the results in a publication, the name and date of issue of which are printed on the ticket, and the making available of the results by means of a telephone “information line”, or other approved form of electronic media, details of access to which are printed on the ticket.

[Clause 2 amended in Gazette 11 May 1993 p. 2399; 23 Feb 1996 p. 675; 28 Jun 1996 p. 3100; 27 Oct 2000 p. 6030.]

2A.Means of identifying the holder of a chance

To identify the holder of a chance — 

(a)where a ticket is issued, each ticket butt must record — 

(i)the surname of the person intended to collect the prize; and

(ii)the postal or residential address of that person;

or

(b)if the chance is allocated otherwise than by the issue of a ticket, the information referred to in paragraph (a)(i) and (ii) may be recorded in a register and manner approved by the Commission.

[Clause 2A inserted in Gazette 11 May 1993 p. 2399.]

3.Results of draw

After the drawing of a standard lottery, the permit holder must cause the results of the draw, including — 

(a)the number of each prize winning chance;

(b)the name and address of the permit holder; and

(c)the manner in which prizes may be claimed,

to be published or made available in accordance with the manner of notifying winners printed on the tickets or other documents for the lottery under rule 2.

[Clause 3 inserted in Gazette 28 Jun 1996 p. 3100.]

4.Order in which prizes are to be drawn

When a standard lottery is drawn, prizes shall be awarded as follows — 

(a)the first chance drawn shall win the first prize;

(b)the second chance drawn shall win the second prize;

(c)the third chance drawn shall win the third prize; and

(d)if more than 3 prizes are drawn, prizes shall continue to be ranked according to the order of drawing.

[Clause 4 inserted in Gazette 11 May 1993 p. 2399.]

Division 2 — Rules for the conduct of a continuing lottery

1.Information on each ticket

Each ticket shall have printed on it — 

(a)a serial number;

(b)the price; and

(c)if the tickets are sold by means of a vending machine which is not located in a club, the name of the permit holder or the name of the premises where the machine is.

2.Where tickets may be sold

Tickets shall be sold only at premises or locations specified in the permit.

[Part 3 repealed in Gazette 4 Aug 1992 p. 3831.]

 

Notes

1This is a compilation of the Gaming and Wagering Commission Regulations 1988 and includes the amendments made by the other written laws referred to in the following table 1a. The table also contains information about any reprint.

Compilation table

Citation

Gazettal

Commencement

Gaming Commission Regulations 1988 3

29 Apr 1988 p. 1295‑304

2 May 1988 (see r. 2)

Gaming Commission Amendment Regulations 1988

7 Oct 1988
p. 4106

7 Oct 1988

Gaming Commission Amendment Regulations (No. 2) 1988

18 Nov 1988 p. 4527‑9

18 Nov 1988

Gaming Commission Amendment Regulations 1989

26 May 1989
p. 1548

26 May 1989

Gaming Commission Amendment Regulations (No. 2) 1989

4 Aug 1989 p. 2497‑500

4 Aug 1989

Gaming Commission Amendment Regulations (No. 3) 1989

25 Aug 1989 p. 2835

25 Aug 1989

Gaming Commission Amendment Regulations (No. 4) 1989

6 Apr 1990 p. 1768‑9

6 Apr 1990

Gaming Commission Amendment Regulations 1990

6 Apr 1990
p. 1770

6 Apr 1990

Gaming Commission Amendment Regulations (No. 2) 1990

4 May 1990
p. 2243

4 May 1990

Gaming Commission Amendment Regulations (No. 4) 1990

8 Feb 1991 p. 651

8 Feb 1991

Gaming Commission Amendment Regulations 1991

27 Sep 1991
p. 5068
‑9

27 Sep 1991

Gaming Commission Amendment Regulations 1992

27 Mar 1992 p. 1370

27 Mar 1992

Gaming Commission Amendment Regulations (No. 2) 1992

4 Aug 1992 p. 3831

4 Aug 1992

Gaming Commission Amendment Regulations (No. 2) 1993

30 Apr 1993 p. 2282‑3

30 Apr 1993

Gaming Commission Amendment Regulations 1993

11 May 1993 p. 2397‑9

11 May 1993

Gaming Commission Amendment Regulations (No. 3) 1993

21 May 1993 p. 2519‑20

21 May 1993

Gaming Commission Amendment Regulations (No. 4) 1993

6 Jul 1993
p. 3312

6 Jul 1993

Gaming Commission Amendment Regulations (No. 5) 1993

22 Oct 1993 p. 5805‑6

22 Oct 1993

Gaming Commission Amendment Regulations 1994

15 Feb 1994 p. 552‑4

15 Feb 1994

Gaming Commission Amendment Regulations (No. 2) 1994

22 Apr 1994
p. 1710

22 Apr 1994

Gaming Commission Amendment Regulations (No. 3) 1994

6 Jan 1995 p. 27‑8

6 Jan 1995

Gaming Commission Amendment Regulations 1995

15 Dec 1995 p. 6124‑5

15 Dec 1995

Gaming Commission Amendment Regulations 1996

23 Feb 1996 p. 674‑5

23 Feb 1996

Gaming Commission Amendment Regulations (No. 2) 1996

28 Jun 1996 p. 3098‑100

1 Jul 1996 (see r. 2)

Gaming Commission Amendment Regulations 1997

16 May 1997 p. 2392‑4

16 May 1997

Reprint of the Gaming Commission Regulations 1988 as at 6 Jun 1997
(includes amendments listed above) (correction in
Gazette 11 Jul 1997 p. 3623‑4)

Gaming Commission Amendment Regulations (No. 2) 1997

14 Nov 1997 p. 6448‑9

1 Jan 1998 (see r. 2)

Gaming Commission Amendment Regulations 1998

4 Aug 1998 p. 3988‑9

5 Aug 1998 (see r. 2 and Gazette 4 Aug 1998 p. 3981)

Gaming Commission Amendment Regulations (No. 2) 1998

5 Feb 1999 p. 405

5 Feb 1999

Gaming Commission Amendment Regulations 1999

2 Jul 1999 p. 2921‑2

2 Jul 1999

Gaming Commission Amendment Regulations 2000

12 May 2000 p. 2285

1 Jul 2000 (see r. 2)

Gaming Commission Amendment Regulations (No. 2) 2000

23 Jun 2000 p. 3206‑9

1 Jul 2000 (see r. 2)

Gaming Commission Amendment Regulations (No. 3) 2000

27 Oct 2000 p. 6030

27 Oct 2000

Reprint of the Gaming Commission Regulations 1988 as at 4 May 2001
(includes amendments listed above)

Gaming Commission Amendment Regulations 2001

2 Oct 2001 p. 5458‑60

2 Oct 2001 4 (see r. 2)

Gaming Commission Amendment Regulations (No. 2) 2001

21 Dec 2001 p. 6550‑1

21 Dec 2001

Gaming Commission Amendment Regulations 2002

15 Mar 2002 p. 1313

15 Mar 2002

Gaming Commission Amendment Regulations (No. 2) 2002

30 Jul 2002 p. 3530

30 Jul 2002

Gaming Commission Amendment Regulations (No. 3) 2002

19 Nov 2002 p. 5516‑18

1 Jan 2003 (see r. 2)

Gaming Commission Amendment Regulations 2003

26 Sep 2003 p. 4220‑1

1 Jan 2004 (see r. 2)

Gaming Commission Amendment Regulations 2004

30 Jan 2004 p. 401‑2

30 Jan 2004

Racing and Gambling (Miscellaneous) Amendment Regulations 2004 Pt. 4

30 Jan 2004 p. 413‑18

30 Jan 2004 (see r. 2)

Gaming and Wagering Commission Amendment Regulations 2004

18 May 2004 p. 1571‑2

18 May 2004

Gaming and Wagering Commission Amendment Regulations (No. 2) 2004

9 Jul 2004 p. 2782-4

1 Jan 2005 (see r. 2)

Reprint 3: The Gaming and Wagering Commission Regulations 1988 as at 1 Oct 2004
(
not including amendments in Gazette 9 Jul 2004 p. 2782-4)

1aOn the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table.

Provisions that have not come into operation

Citation

Gazettal

Commencement

Gaming and Wagering Commission Amendment Regulations 2005 r. 4 5

14 Oct 2005 p. 4562-4

1 Jan 2006 (see r. 2)

2Formerly referred to the Gaming Commission Act 1987 the short title of which was changed to the Gaming and Wagering Commission Act 1987 by the Racing and Gambling Legislation Amendment and Repeal Act 2003 s. 122. The reference was changed under the Reprints Act 1984 s. 7(3)(gb).

3Now known as the Gaming and Wagering Commission Regulations 1988; citation changed (see note under r. 1).

4The commencement date of 1 Oct 1972 that was specified was before the date of gazettal.

5On the date as at which this compilation was prepared, the Gaming and Wagering Commission Amendment Regulations 2005 r. 4 had not come into operation. It reads as follows:

4.Schedule 1 replaced

Schedule 1 is repealed and the following Schedule is inserted instead —

Schedule 1 — Prescribed fees

[r. 4]

Column 1

Provision

Column 2

Description

Column 3

Amount

$

50(3)

Fee for — 

 

 

(a)search of the register for an identified
entry ………………………………………..


6

 

(b)copy of extract from register ..................…..

12

47

Fee on application for a function permit for — 

 

 

(a)an item of gaming equipment (regulation 18B(2)(a)) .............................….


25

 

(b)a class of gaming equipment (regulation 18B(2)(b)) ............................…..


45

47

Fee on application for a permit of a continuing nature for — 

 

 

(a)a video lottery terminal (regulation 18AA(7)) ………………………


25

 

(b)an item of gaming equipment (regulation 18B(2)(a)) .............................….


45

 

(c)a class of gaming equipment (regulation 18B(2)(b)) ............................…..


90

47, 53

Fee on application for a function permit for — 

 

95

(a)bingo .........................................…..

15

96

(b)multiple bingo, for each premises ...........….

15

97

(c)simultaneous bingo, for each premises ...….

15

104

(d)a standard lottery — 

 

 

(i)where the total retail value of prizes
or prize money does not exceed $5 000 ……………………….



25

 

(ii)otherwise .....................................……

60

104

(da)a standard lottery of a kind generally known or described as a calcutta ..............


60

104

(e)a continuing lottery ..................................….

10

 

(f)gaming (per day authorised) — 

 

 

(i)1‑5 tables ....................................…….

170

 

(ii)6‑10 tables .......................…...........….

280

 

(iii)over 10 tables ..............................……

340

 

(g)two‑up — 

 

80

(i)by a country race club .................……

115

81

(ii)otherwise .....................................……

170

47, 53

Fee on application for a permit of a continuing nature for — 

 

95

(a)bingo ...................................................…......

25

96

(b)multiple bingo, for each premises .....….......

25

97

(c)simultaneous bingo, for each premises ….....

25

104

(d)a standard lottery, where the total retail value of prizes or prize money is — 

 

 

(i)not more than $5 000 ..............…...….

35

 

(ii)more than $5 000 but not more than $50 000 ..........................…....….


85

 

(iii)more than $50 000 but not more than $100 000 .........................…...….


165

 

(iv)more than $100 000 but not more than $200 000 .............................…...…….


340

 

(v)more than $200 000 ................…...….

565

104

(da)a standard lottery of a kind generally known or described as a calcutta ............…..……..


115

104

(e)a continuing lottery ........................…..........

20

 

(f)gaming (per day authorised) — 

 

 

(i)1‑5 tables ..............................…....…..

135

 

(ii)6‑10 tables ......................…..........…..

250

 

(iii)over 10 tables .................…...........….

305

 

(g)two‑up — 

 

80

(i)by a country race club, per day authorised ...........................…......…..


90

81

(ii)otherwise, per day authorised …...….

135

53, 55

Fee on application for approval of premises — 

 

 

(a)for a specific function .............………....….

15

 

(b)for functions from time to time ......……….

60

 

(c)for permit of a continuing nature ...……….

60

92

Fee on the issue of a certificate relating to — 

 

96(2)(c)

(a)multiple bingo .........................................….

115

97(2)(c)

(b)simultaneous bingo .................................…..

115

98(c)

(c)assisting in the conduct of bingo, for hire or reward .................................................……..


115

92

Fee for an approved operator’s certificate ...................

185

88(5)

Fee on the issue of a certificate ...................................

245

104B

Fee on application to be a licensed supplier under section 104B ................................................................


225

88(2)(b),(d)

Fee for approval of a person to operate, or remove money from, gaming equipment .................................


20

”.

”.