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Review of the Unlawful Games Act 1984

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Review of the Unlawful Games Act 1984 Review of the Unlawful Games Act 1984 Policy Paper AUGUST 2009 TABLE OF CONTENTS EXECUTIVE SUMMARY.......................................................................................................................1 RECOMMENDATIONS ..........................................................................................................................4 1. INTRODUCTION ............................................................................................................................6 1.1 Historical Overview of Gambling ..................................................................................................6 1.2 Gambling Policy Objectives...........................................................................................................7 1.3 ACT Gambling Legislation............................................................................................................8 1.4 Unlawful Games Act 1984.............................................................................................................8 1.5 Purpose of the Act ..........................................................................................................................8 1.6 Consultation/Development Process................................................................................................9 2. SCOPE OF A NEW UNLAWFUL GAMBLING ACT...............................................................10 2.1 Combining the Unlawful Games Act 1984, Games Wagers and Betting Houses Act 1901 and the Gaming and Betting Act 1906. ........................................................................................10 3. DEFINITION OF AN UNLAWFUL GAME ...............................................................................11 3.1 Background ..................................................................................................................................11 3.2 Specifying Unlawful Games ........................................................................................................11 3.3 Games Similar to an Unlawful Game...........................................................................................12 3.4 Exempt Games .............................................................................................................................12 3.5 General Description of Unlawful Game (“Catch All”) ................................................................12 3.6 Public Consultation ......................................................................................................................14 3.7 Conclusion....................................................................................................................................14 4. PUBLIC GAMING TOURNAMENTS ........................................................................................16 4.1 Background ..................................................................................................................................16 4.2 Inter-State Comparison.................................................................................................................18 4.3 Public Consultation ......................................................................................................................19 4.4 Conclusion....................................................................................................................................19 5. CHARITABLE OR FUNDRAISING GAMING .........................................................................22 5.1 Background ..................................................................................................................................22 5.2 Inter-State Comparison.................................................................................................................22 5.3 Public Consultation ......................................................................................................................24 5.4 Conclusion....................................................................................................................................24 6. PRIVATE OR SOCIAL GAMING...............................................................................................26 6.1 Background ..................................................................................................................................26 6.2 Inter-State Comparison.................................................................................................................26 6.3 Public Consultation ......................................................................................................................27 6.4 Conclusion....................................................................................................................................27 7. EXEMPTION FOR PLAYING TWO-UP ON ANZAC DAY....................................................29 EXECUTIVE SUMMARY This report on the review of the Unlawful Games Act 1984 examines and makes recommendations in relation to the major policy issues concerning the regulation of gambling and unlawful gambling in the ACT. It includes interstate comparisons, and where appropriate, issues or comments that were raised in community responses to the Commission’s Discussion Paper and draft Policy Paper circulated as part of the review process. This report does not cover minor or technical issues or changes in drafting policy by Parliamentary Counsel that will be addressed at the time that any new legislation is drafted. Scope of the Revised Unlawful Gambling Act • In order to ensure that there is no doubt about the scope of a new Unlawful Gambling Act, the new Act should be comprehensive in its coverage of unlawful gambling and all related issues such as promoting, conducting and participating in an unlawful game and/or unlawful betting. • Many of the provisions in the Games, Wagers and Betting Houses Act 1901 and the Gaming and Betting Act 1906 either overlap or are inconsistent with the Unlawful Games Act 1984. Other provisions are more relevant to current bookmaking or racing legislation. It is suggested that these three related Acts be combined into one Unlawful Gambling Act and matters specifically relating to the regulation of bookmakers and the operation of the racing industry be relocated to the relevant Acts. Definition of an Unlawful Game • The current definition of an unlawful game is ambiguous and unclear in its coverage. • It is suggested that a new definition is required which should be comprehensive while being as clear and precise as possible. It should minimise any uncertainty by specifically providing what is covered and what is not covered in the definition. It is suggested that an unlawful game should include the following components: (i) any game of chance, or mixed chance and skill, in which money or any other valuable thing is offered as a prize or is risked or staked (whether by a participant or otherwise) on an event or contingency that is not authorised by a gaming law (any private game, two-up on Anzac Day or charitable fundraising gaming allowed under this Act would be duly authorised); and (ii) a prescribed game that is identified as an unlawful game; but (iii) does not include a prescribed game that is specifically identified as not being an unlawful game. 1 Public Gaming Tournaments • The issue of whether public gaming tournaments, such as poker, should be permitted outside of the casino was considered as part of the review. Currently in the ACT gaming tournaments can only be played if they do not offend the definition of an unlawful game. Poker can only be played in the casino or in a private residence with less than nine persons involved. • Most other Australian jurisdictions have allowed (or not prevented) poker and other tournaments from being conducted outside of their casinos. A variety of tournament conditions, including charging entry fees and paying cash prizes, are in evidence in different jurisdictions. • Allowing poker and other gaming tournaments in the ACT would increase the opportunities for gambling in the community and would also likely increase activity on existing gambling options at the gaming tournament venues, such as with gaming machines. Consequently, it could also lead to an increase in problem gambling. • Experiences in other states suggest that unregulated poker tournaments are likely to lead to unethical behaviour surrounding some high stake games and are also likely to increase problem gambling issues if the current provisions relating to licensees are not equally applied. It is reasonable to speculate that the same consequences would occur should other forms of gaming tournaments be permitted. • The current access to gambling opportunities for ACT residents was also considered in the analysis of this issue. • The report concludes that the status quo should remain such that gaming tournaments outside of the casino should only be conducted if they comply with the definition of an unlawful game. Poker and its variants should be prescribed as an unlawful game and therefore not be permitted outside of the casino except as private games as provided in the definition of an unlawful game. Charitable or Fundraising Gaming • Fundraising via charitable gaming and whether it should be allowed to occur was another issue considered as part of the review. Charitable or fundraising gaming embraces circumstances where a recognised charitable organisation (as would be defined in any revised legislation) proposes to raise funds
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