Gambling Legislation Amendment Act 2024

The Hon Paul Papalia, CSC MLA, Minister for Racing and Gaming introduced the Gambling Legislation Amendment Bill 2024 into the Legislative Assembly on 14 August 2024 and the Bill was passed by Parliament on 28 November 2024. 

The Gambling Legislation Amendment Act (GLA Act) amends the Betting Control Act 1954; and the Casino (Burswood Island) Agreement Act 1985; and the Casino Control Act 1984; and the Gaming and Wagering Commission Act 1987; and the Racing and Wagering Western Australia Act 2003.

By visiting the Bill’s page on the Parliament of Western Australia website, you can view:

• the GLA Bill
• the Explanatory Memorandum (with clause notes providing information of the effect of each clause of the Bill)
• versions of the Betting Control Act, Casino Control Act and Gaming and Wagering Commission Act reflecting the amendments in tracked change format.

Key amendments include: 

1. improving the compliance and enforcement powers of the Gaming and Wagering Commission by: 
   • increasing monetary penalties
   • prescribing an ‘authorised officer’ under gambling legislation to be a ‘public officer’ under the Criminal Investigation Act 2006 for prescribed parts of that Act
   • providing a centralised infringement notice framework (in the GWC Act) to deal with matters of noncompliance with legislative requirements by way of an infringement notice with a modified penalty.  Additionally, the framework has been expanded to include the Betting Control Act
   • elevating the requirements concerning the casino’s operational and games procedure manuals from being a direction under s. 24 of the Casino Control Act to a legislative requirement subject to penalties for noncompliance
2. adjusting administrative arrangements for special purpose accounts to streamline operations and align legislation with the existing functional and operational management practice 
3. providing a head of power for a particular kind of licence under the Betting Control Act to provide a framework to resolve an inconsistency between the State and Commonwealth legislation regarding interactive gambling services 
4. allowing the Governor to make regulations under the GWC Act, the Casino Control Act, the Betting Control Act and the Racing and Wagering Western Australia Act to give effect to a requirement for compliance with national policies and frameworks the Government has entered, as it relates to gambling legislation 
5. clarifying the amendment to the Gaming and Wagering Commission’s direction power made under the first tranche of reform via the Casino Legislation Amendment (Burswood Casino) Act 2022 to provide, beyond doubt, that it clearly reflects recommendation 15(v)(i)-(iii) of the PCRC Final Report that the Gaming and Wagering Commission have the power to issue directions regarding all operations of the Perth casino and making the directions provisions for Racing and Wagering Western Australia (RWWA) consistent 
6. similar to the amendments to the Casino Control Act made by the Casino Legislation Amendment (Burswood Casino) Act 2022 which increased the maximum penalty for the casino to $100 million, increasing the maximum penalty that the Minister can impose on RWWA (under section 109K) from $100,000 to $1 million 
7. amending the GWC Act to provide that the Gaming and Wagering Commission may require a security in the form of a bank guarantee for the purpose of ensuring that an applicant for a standard lottery permit has sufficient funds to pay for the prizes.

An overview of the impacts of the amendments on key stakeholders is provided below.

Compliance with any new or amended legislation is required by law. If you are in doubt about whether, or how, a new or amended provision affects you, please contact the Department of Local Government, Sport and Cultural Industries.

For licence-related enquiries:

Telephone 61 8 6551 4888
WA country callers only 1800 634 541
Email rgl@dlgsc.wa.gov.au

For questions about the Bill/GLA Act:

Email gamblinglawreforms@dlgsc.wa.gov.au

Overview

The Gambling Legislation Amendment Act 2024 (GLA Act) represents the second tranche of legislative reform resulting from the Perth Casino Royal Commission (PCRC)

Although the PCRC was specifically concerned with regulation under the Casino Control Act 1984, the Casino (Burswood Island) Agreement Act 1985 and the Gaming and Wagering Commission Act 1987 (GWC Act) these reforms reflect the broader remit of the Gaming and Wagering Commission and include amendments to the Betting Control Act 1954 and the Racing and Wagering Western Australia Act 2003.

Some of the amendments require the development of regulations to operationalise the new provisions. As a result, not all parts of the Act will come into effect on the same day.

The commencement provisions of the GLA Act provide that:

• Part 1 is to come into operation after passing through both Houses of Parliament and receiving assent by the Governor (Royal Assent). Part 1 is the Preliminary section of the Act and enlivens the commencement provisions.
• Clause 8, which inserts new Part 2A into the Betting Control Act 1954, will come into operation on a day fixed by proclamation. New Part 2A relates to the development of a regulatory framework for the licensing and operation of a particular kind of regulated interactive gambling service. This part requires the development of regulations and will come into effect at a later date.
• Clause 33 — which deletes Part VB from the Casino Control Act, and clause 49 — which replaces the current section 36 in the Gaming and Wagering Commission Act, will come into operation on a day fixed by proclamation. These provisions relate to an infringement notice framework — the existing framework will be centralised in the Gaming and Wagering Commission Act to create consistency and remove duplication and be expanded to also apply the Betting Control Act and the Casino (Burswood Island) Agreement Act. This part requires the development of regulations and will come into effect at a later date.
• The remainder of the amendments will come into effect on the day following Royal Assent. This provision provides that all of the changes, other than those mentioned in the clauses above, will come into effect on the day after the Bill is passed by both Houses of Parliament and is assented to by the Governor.

Betting Control Act 1954

Penalties 

Penalty amendments will take effect the day after Royal Assent.

The Bill increases various penalties, most of which have not been reviewed or increased for some time.  

Penalties of a sufficient magnitude are necessary to promote the public interest of compliance with the law by acting as both a deterrent and appropriate punishment.

The increased statutory penalties are not the ‘default’ penalty. They have been set at an amount that will provide a maximum value for the courts to assign in the most severe or egregious circumstances or repeat offending.  

Courts will exercise their judicial discretion when imposing a penalty on an offender, not exceeding the amounts prescribed in the Act.

Infringement notice framework with modified penalties

This change will commence when clause 49 is proclaimed.

Clause 49 — Section 36 of the Gaming and Wagering Commission Act replaced — Infringement Notices

This part introduces a centralised infringement notice framework in the Gaming and Wagering Commission Act 1987.

The Betting Control Act is now an Act prescribed for the purposes of this section and offences may be subject to the issuance of an infringement notice with a modified penalty.

Regulated Interactive Gambling Services 

This change will commence once clause 8 is proclaimed.

Clause 8 — Part 2A inserted — Regulated Interactive Gambling Services

This clause inserts new Part 2A to provide for addressing an inconsistency between the Interactive Gambling Act 2001 (Cth) (IG Act) and the regulation of interactive gambling in this State and provides a head of power for matters related to dealing with particular kinds of regulated interactive gambling services.

Part 2A This makes it unlawful for a regulated interactive gambling service provider, who is deemed to be operating from Western Australia, to do so without an authority under a written law to provide that service in the State.

A regulated interactive gambling service is defined in section 8E of the IG Act as:

1. a telephone betting service; or
2. an excluded wagering service; or
3. an excluded gaming service; or
4. a place based betting service; or
5. a service that has a designated broadcasting link; or
6. a service that has a designated datacasting link; or
7. an excluded lottery service; or
8. an exempt service; 

where:

9. the service is provided in the course of carrying on a business; and
10. the service is provided to customers using any of the following:
    1. an internet carriage service;
    2. any other listed carriage service;
    3. a broadcasting service;
    4. any other content service;
    5. a datacasting service; and
11. in the case of an exempt service—a determination under subsection (2) is in force in relation to the service. [Subsection (2) provides that the Federal Minister may, by legislative instrument, determine that each exempt service included in a specified class of exempt services is covered by paragraph (1)(k).]

It is proposed that regulations will be made to provide a regulatory framework for a particular kind of Regulated Interactive Gambling Service which enables the provider of the service, without accepting the risk of the bets, to facilitate bets via the internet between persons (bettors) wishing to place a bet and domestic betting operators (who have an arrangement with the provider) willing to accept those bets.

Racing Bets Levy

This change will commence the day after Royal Assent.

Clause 9 — Section 14A amended — Betting operators’ liability to lodge returns and to pay racing bets levy

This amendment supports the transfer of the administration of the racing bets levy account from the Gaming and Wagering Commission to the Department of Local Government, Sport and Cultural Industries achieved by the amendment of section 14A and the insertion of sections 14B, 14C and 14D.

This is an administrative amendment and will not impact the current processes related to the requirement for betting operators to lodge returns in accordance with prescribed requirements.

Regulations – National frameworks and policies

This change will commence the day after Royal Assent.

Clause 21 — Section 33 amended — Regulations

Amends the regulation making power to allow the Governor to make regulations that make provision for giving effect to requirements related to national frameworks and policies. 

This provision will help implement commitments in national agreements such as the National Consumer Protection Framework for Online Wagering (NCPF) between the Commonwealth, States and Territories. The NCPF is a set of standard minimum protections developed for online gamblers that all online wagering providers must adhere to, aiming to reduce the harm of online wagering to Australian consumers.

Casino (Burswood Island) Agreement Act 1985

Penalties 

Penalty amendments will take effect the day after Royal Assent.

The Bill increases various penalties, most of which have not been reviewed or increased for some time.

Penalties of a sufficient magnitude are necessary to promote the public interest of compliance with the law by acting as both a deterrent and appropriate punishment.

The increased statutory penalties are not the ‘default’ penalty. They have been set at an amount that will provide a maximum value for the courts to assign in the most severe or egregious circumstances or repeat offending.

Courts will exercise their judicial discretion when imposing a penalty on an offender, not exceeding the amounts prescribed in the Act.

Infringement notice framework with modified penalties.

This change will commence when clause 49 is proclaimed.

Clause 49 — Section 36 of the Gaming and Wagering Commission Act replaced — Infringement Notices

This part introduces a centralised infringement notice framework under the Gaming and Wagering Commission Act 1987. The Casino (Burswood Island) Agreement Act will be an Act prescribed for the purposes of this section and offences may be subject to the issuance of an infringement notice with a modified penalty.

Casino Control Act 1984

Penalties 

Penalty amendments will take effect the day after Royal Assent.

The Bill increases various penalties, most of which have not been reviewed or increased for some time.  

Penalties of a sufficient magnitude are necessary to promote the public interest of compliance with the law by acting as both a deterrent and appropriate punishment.

The increased statutory penalties are not the ‘default’ penalty.  They have been set at an amount that will provide a maximum value for the courts to assign in the most severe or egregious circumstances or repeat offending.  

Courts will exercise their judicial discretion when imposing a penalty on an offender, not exceeding the amounts prescribed in the Act.

Infringement notice framework with modified penalties

This change will commence when clause 49 is proclaimed.

Clause 49 — Section 36 of the Gaming and Wagering Commission Act replaced — Infringement Notices

This part replaces the current infringement notice framework contained in Part VB with a centralised infringement notice framework under the Gaming and Wagering Commission Act 1987. The Casino Control Act will be an Act prescribed for the purposes of this section and offences may be subject to the issuance of an infringement notice with a modified penalty. 

Clause 70 — Section 120. Infringement notices

New section 120 is inserted to support and transition to the new, centralised infringement notice framework provided under new section 36 of the Act.

Subsections 120(2) and (3) provide that infringement notices issued under the GWC Act or Casino Control Act before commencement day transition to the new infringement notice framework from commencement day.

Directions power

This change will commence the day after Royal Assent.

Clause 30 — Section 24 amended — Gaming operations at casino, Commission may direct licensee as to

This amendment is intended to clarify, beyond any doubt, that the use of the term management and control in section 24 of the Act is sufficiently clear to ensures the Gaming and Wagering Commission has the power to issue directions about the organisation, management, control and use of a casino, in accordance with recommendation 15(w) of the Perth Casino Royal Commission.

Subclause (4) amends the current strict liability on the casino licensee in section 24(4) for failing to ensure that any direction given to the licensee is brought to the notice of, and not contravened by, the persons specified, and replaces it with an obligation to “take reasonable steps” to meet this obligation.

AML/CTF — Suspicious Matter Reports

This change will commence the day after Royal Assent but clause 39 provides a 6 month transitional period.

Clause 35 — Section 30A inserted — Suspicious matter reports under AML/CTF Act (Cth)

This clause inserts new section 30A which introduces an obligation on the casino licensee to provide the Gaming and Wagering Commission with a copy of all suspicious matter reports (SMR) required to be submitted to the Australian Transaction Reports and Analysis Centre (AUSTRAC) within the prescribed timeframe.

This creates a separate and independent obligation for the casino licensee to inform the casino regulator of any concerns that it may have about the general propriety of its casino patrons within the casino and is consistent with addressing the findings of the Perth Casino Royal Commission which concluded that it is an aspect of the Gaming and Wagering Commission’s function and responsibilities to exercise its statutory and regulatory powers to:

1. mitigate the risk of money laundering being facilitated through the organisation and conduct of gaming operations at Perth Casino;
2. regulate and oversee the effectiveness of Perth Casino’s systems and processes to mitigate the risk of money laundering being facilitated through the organisation and conduct of gaming operations of Perth Casino; and
3. cooperate with and assist relevant state and federal regulatory and law enforcement agencies to detect money laundering offences and enforce state and federal laws with respect to money laundering.

Regulations — National frameworks and policies

This change will commence the day after Royal Assent.

Clause 40 — Schedule 2 amended — Matters in respect of which Governor may make regulations

Amends the regulation making power to allow the Governor to make regulations that make provision for giving effect to requirements related National Policies or Frameworks related to gambling law that the WA Government enters into with other Australian jurisdictions.

At this time, the WA Government has not entered any casino operation related interjurisdictional agreements.

Gaming Community Trust

This change will commence the day after Royal Assent.

Clause 60 — Section 109C amended — Gaming Community Trust Account

Amends section 109 to transfer responsibility for the administration of the Gaming Community Trust Account from the Gaming and Wagering Commission to the Department of Local Government, Sport and Cultural Industries.

Casino Manuals 

This change will commence the day after Royal Assent.

Clause 31 — Section 24A and 24B inserted

This clause inserts new section 24A for the requirement of, and compliance with, manuals about the operation and management of the casino. This is an existing requirement that is currently enforced through the Gaming and Wagering Commission’s Directions power under section 24 of the Casino Control Act.  This will elevate the manuals to a legislative requirement, streamlining their management, administration, and providing direct penalties for noncompliance.

New subsection 24A(1) imposes a requirement that a casino licensee must have manuals, that are approved by the Gaming and Wagering Commission, about the management and operation of the casino and provides that specific matters for manuals can be prescribed.  The note for this subsection provides a non-exhaustive list of matters about which manuals can be prescribed.

Subsections 24(2)-(4) deal with amendments to manuals, including that the Gaming and Wagering Commission may agree to an amendment being initiated by the casino licensee, or the Gaming and Wagering Commission may impose a change on the casino licensee.

Subsection 24A(5) specifies that the provision does not limit the Gaming and Wagering Commission’s power to direct the casino licensee under section 24.

Gaming and Wagering Commission Act 1987

Penalties 

Penalty amendments will take effect the day after Royal Assent.

The Bill increases various penalties, most of which have not been reviewed or increased for some time. 

Penalties of a sufficient magnitude are necessary to promote the public interest of compliance with the law by acting as both a deterrent and appropriate punishment.

The increased statutory penalties are not the ‘default’ penalty. They have been set at an amount that will provide a maximum value for the courts to assign in the most severe or egregious circumstances or repeat offending. 

Courts will exercise their judicial discretion when imposing a penalty on an offender, not exceeding the amounts prescribed in the Act.

Infringement Notice Framework

This change will commence when clause 49 is proclaimed.

Clause 49 — Section 36 replaced — Infringement notices

This clause deletes the current section 36 of the Act which deals with infringement notices for the purpose of the Gaming and Wagering Commission Act and replaces it with a new section 36 which creates a centralised infringement notice framework applicable to the:

• Gaming and Wagering Commission Act 1987
• Betting Control Act 1954
• Casino Control Act 1984
• Casino (Burswood Island) Agreement Act 1985.

Standard lottery security — bank guarantee

This change will commence the day after Royal Assent.

Clause 56-58 — Sections 104AA to 104AF inserted 

These provisions build on existing section 59 to allow bank guarantees to be provided as an accessible and affordable security alternative to bonds issued by insurance companies, under a modern and procedurally fair legislative framework.

Directions

This change will commence the day after Royal Assent

Clauses 63 and 64 — Section 109G and 109H amended

These clauses amend the current sections 109G and 109H to make the Commission's power of direction consistent with the equivalent direction provision in section 24 of the Casino Control Act and use plain English drafting.

Increase penalty — Ministers power

This change will commence the day after Royal Assent

Clause 65 — Section 109K amended — Report or inquiry under s. 109J, Minister’s powers following

This clause amends section 109K to increase the maximum penalty that can be imposed on RWWA following the results of an inquiry under section 109J, with the approval of the Governor, from $100,000 to $1,000,000.

This increase:

• follows the increase to the maximum penalty able to be imposed on the casino licensee from $100,000 to $100 million under the amendments in the Casino Legislation Amendment (Burswood Casino) Act 2022; and
• reflects the monetary penalty contemplated for a wagering licensee in section 10K of the Betting Control Act introduced by the TAB (Disposal) Act 2019.

Racing and Wagering Western Australia Act 2003

Penalties

Penalty amendments will take effect the day after Royal Assent.

The Bill increases various penalties, most of which have not been reviewed or increased for some time. 

Penalties of a sufficient magnitude are necessary to promote the public interest of compliance with the law by acting as both a deterrent and appropriate punishment.

The increased statutory penalties are not the ‘default’ penalty.  They have been set at an amount that will provide a maximum value for the courts to assign in the most severe or egregious circumstances or repeat offending. 

Courts will exercise their judicial discretion when imposing a penalty on an offender, not exceeding the amounts prescribed in the Act.

 

Regulations — National frameworks and policies

This change will commence the day after Royal Assent.

Clause 76 — Section 121 amended — Regulations

This regulation making power will provide that regulations may be made by the Governor to give effect to requirements providing for compliance with national policies or frameworks related to gambling law that the WA Government enters into with other Australian jurisdictions.

This provision will help implement commitments in national agreements such as the National Consumer Protection Framework for Online Wagering (NCPF) between the Commonwealth, States and Territories. The NCPF is a set of standard minimum protections developed for online gamblers that all online wagering providers must adhere to, aiming to reduce the harm of online wagering to Australian consumers.

Currently the NCPF and the National Policy on Match Fixing in Sport are the relevant interjurisdictional agreements.