The Australian Capital Territory (ACT) is reviewing its gambling laws and in August the ACT Gambling and Racing Commission published a policy paper on the Unlawful Games Act 1984. 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.

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. 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.

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.

Current legislation prohibits private or social gaming if it is currently covered by the definition of an unlawful game. This situation prevents games from being played for even small amounts of money in the privacy of a person’s own residence with a small group of family or friends. The review determined that private or social gaming be allowed with specified criteria used to differentiate this activity from commercial operations. In this context, ‘commercial’ means for trade, profit or gain or as a business (or part of, or incidental to, a business).

While current Acts define two-up as an unlawful game, an exemption for playing it on Anzac Day is provided. It is suggested that the conditional exemption remain so that the playing of two-up on Anzac Day is not unlawful with minor amendments and to allow community organisations in addition to clubs the opportunity to raise money for charitable purposes through the playing of two-up on Anzac Day.

The policy paper suggests charitable gaming by charitable organisations should be allowed as a fundraising activity under a permit or approval system. The following restrictions should apply: the event should not occur in a licensed gambling venue; and a maximum of two sessions per year for any one organisation, ensuring the activity was kept as a ‘special’ event rather than a regular occurrence.

In general terms, the gaming laws aim to: allay community concerns about the conduct of gambling activity; suppress illegal gambling by offering a legal equivalent; ensure through licensing processes, the probity of the persons and the integrity of the operations involved in the provision of the gambling product; and provide economic benefits to the wider community through Government imposed regulatory fees and taxation. In more recent times the need to address problem gambling concerns was identified.

The ACT Gambling and Racing Commission was established in December 1999 in order to promote consumer protection; minimise the possibility of criminal or unethical activity; and reduce the risks and costs to the community and to the individuals concerned, of problem gambling. To assist in achieving its harm minimisation policy objectives, the Government introduced the Gambling and Racing Control (Code of Practice) Regulation 2002. This Code applies to all gambling licensees in the Territory and was the first mandatory code of its kind in Australia. (E-10.15.09)

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