Page title

Intro

Effective date: 2 September 2011
Last amended: 2 August 2019
Next review: August 2021

Disclaimer

This policy is designed to provide information regarding the subject matter covered, and with the understanding that the Gaming and Wagering Commission is not passing legal opinion or interpretation or other professional advice. The information is provided on the understanding that all persons undertake responsibility for assessing the relevance and accuracy of its contents.

Introduction

The Gaming and Wagering Commission Act 1987 (the Act) provides for the issue of a two-up permit to country race clubs and other organisations, which are located outside of a 100km radius of Crown Perth. A map showing the 100 km radius is attached.  This policy describes the standard process involved when applying for a two-up permit.

Special circumstances apply within a 100km radius to two-up conducted by race clubs and to the Returned and Services League and other Anzac day associated events/premises. These provisions are outlined at the end of this policy.

Legislative basis

The fundamental basis of the Act is that certain types of gaming may be conducted under the authority of a permit, provided it is not promoted or conducted for private gain or commercial undertaking.

The gaming activity must be conducted for the purposes of raising money for the active promotion, support or conduct of any sporting, social, political, literary, artistic, scientific, benevolent, charitable or other like activity. The funds can not be used for commercial or private gain. Private gain is defined as anything that will benefit an individual rather than the community. For example, fundraising to send a particular individual overseas to compete in a sporting event would be considered private gain, whereas fundraising to send a team to compete in a sporting event would not be considered private gain.

Permit holder

The applicant for a two-up permit must be concerned in the administration of, and make the application on behalf of a club, society, institution, organisation, association or other body of persons. Where the applicant comprises a body of persons, a nominee ‘permit holder’ is appointed to hold the permit.

Under section 51 of the Act the permit holder is responsible for the conduct of the gaming and is responsible for any breaches of the conditions of the permit. The permit holder, along with two other responsible members of the organisation to which the permit has been granted, must be present whilst gaming is being conducted in order to control the game.

Approval of premises

Two-up must be conducted at premises that have been approved for gaming activities. A separate application must be submitted for the approval of premises. Approvals can be granted for a single playing date or for a five year period.

Applications for more than one two-up permit on the same premises within a seven-day period will only be considered where exceptional circumstances exist and such applications are to be referred to the Commission for consideration.

Two-up (other than country race meetings)

Under section 81 of the Act a two-up permit may be granted to organisations conducting the gaming more than 100km from Crown Perth. Only one two-up permit may be conducted on the same approved premises within a seven day period.

The two-up permit will allow gaming to occur for a maximum of six hours, for the hours stated on the permit. Where the permit is conducted at a licensed premises pursuant to the Liquor Control Act 1988, the duration of the permit will not extend beyond the trading hours of the liquor licence or extended trading permit.

Two-up at country race meetings

In accordance with section 80 of the Act, a two-up permit may be granted to country race clubs (located more than 100km from Crown Perth) where the gaming is conducted at or in the vicinity of a race course under the control of that club. Two-up can only occur on race days, however it must not be conducted at the same time as racing.

Permits will allow gaming to occur for a maximum period of six hours. The gaming may continue past midnight provided the two-up began on the day of the race meeting.

A permit for two-up at a country race meeting may be granted for each race meeting, not withstanding that a standard two-up permit has been issued for the same week on the same premises.

Applications lodged under these circumstances must be accompanied by a submission satisfying the Commission that special circumstances exist that warrant an approval outside of this policy.

Conduct of game

No charge shall be made for admission to any game of two-up and children under the age of 18 years shall not be permitted to play or be involved in the conduct of two-up.

Only two coins or two dice are to be tossed or thrown in the game of two-up.

Professional (paid) operators must be licensed with the Gaming and Wagering Commission. Voluntary (unpaid) operators are not required to be licensed.

Conditions

The following conditions are deemed to be imposed on every two-up permit pursuant to section 82 of the Act:

  • access to any land or premises used for the purposes of the gaming shall at all times be permitted to any member of the Police Force or an authorised officer under the Act; and
  • a person who is under the age of 18 or is under the influence of drugs/alcohol is not permitted in any area designated in the permit to be prohibited to such persons.

Commissions

Section 81(2)(b) of the Act requires that unless the taking of commission is prohibited or restricted by a condition imposed in respect of the permit, the ring keeper, on behalf of the permit holder, may take a customary commission not exceeding 10% of:

  • All winnings from the spinner, after the spinner has withdrawn; and
  • The winnings of players who have placed their bets through the ring keeper and who win on heads (or the equivalent where dice are used).

Financial returns

The Gaming and Wagering Commission Regulations 1988 (the regulations) require the permit holder to furnish a financial return to the Gaming and Wagering Commission within 7 days of the completion of each two-up game with the exception of country race clubs who are granted 14 days to allow the race club’s committee to endorse the financial returns prior to being submitted the Commission.

The permit holder must keep a copy of all financial returns and financial records pertaining to a two-up permit for a period of 12 months after the expiry of the permit.

Fees

The fee for a Two Up permit is based on whether a Race Club or another organisation applies and is set out in the fee schedule.

Lodging applications

In accordance with Regulation 9 of the regulations, applications for two-up permits should be made in writing in a form supplied by the Commission, to the Department of Local Government, Sport and Cultural Industries (’the department’):

  • accompanied by the prescribed fee;
  • the application is to be lodged at least 14 days prior to the commencement date; and
  • unless previously submitted, a certified copy of the constitution or rules governing the affairs of the organisation must be submitted with the application.

A lodgement guide is available from the department’s website or obtained by telephoning 61 8 6551 4888 or by emailing rgl@dlgsc.wa.gov.au

Race Clubs Located Less than 100kms from Crown Perth

The Minister for Racing and Gaming, under section 48 of the Act, may issue a two-up permit to a race club that is located less than 100kms from Crown Perth provided:

  1. it has the consent of Burswood Nominees Ltd;
  2. the race club must be registered with Racing and Wagering Western Australia under the Racing and Wagering Western Australia Act 2003; and
  3. the two-up is being conducted at a major sporting event (such as a cup day), special occasion or other exceptional circumstance.

Race clubs should apply to the Department for a Ministerial permit at least 30 days before the event and provide written evidence that Burswood Nominees Ltd has consented to the permit. The application form can be downloaded from the department’s website at or obtained by telephoning 61 8 6551 4888.

The fee payable is equal to the fee payable by country race clubs as stated in the Fee Schedule (unless the Minister specifies otherwise).

Anzac Day

The Minister for Racing and Gaming, under section 48 of the Act, may issue a two-up permit to Returned and Services League (RSL) clubs each Anzac Day (25 April).

In this instance, two-up may occur in premises that the RSL WA Branch Incorporated or any of its affiliated sub-branches normally use for social functions or activities for their members.

The Minister may also issue a two-up permit for Anzac Day events not conducted by the RSL, provided the Minister is satisfied the event is sufficiently connected to the celebration of Anzac Day. The same principle applies to RSL clubs who wish to hold an Anzac Day event away from premises normally used for social functions and activities of members (such as at a community hall etc).

Organisations should lodge their applications by 1 March, in order for the Minister to determine that the event or premises is sufficiently connected to the celebration of Anzac Day. No fee is payable for Anzac Day permits and premises do not require approval. A financial return is not required.

The same process applies for the conduct of two-up by RSL Clubs on 18 August in connection with the anniversary of the Battle of Long Tan, Vietnam (Veteran’s Day). These applications should be lodged by 1 July to enable the Minister sufficient time to determine the application/s.

Chairman
Gaming and Wagering Commission of Western Australia

Page reviewed 25 June 2019