Western Australia: Gaming Commission Act 1987 (WA)

Western Australia Gaming and Wagering Commission Act 1987 Western Australia Gaming and Wagering Commission Act 1987 Contents Part I — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 Part II — The Commission Division 1 — Administration 4. Gaming and Wagering Commission established 1 5. Trading name or symbol, use of by Commission 1 6. Minister and Commission, relationship between 1 Division 2 — Duties and powers 7. Duties of Commission 1 8. Powers of Commission 1 Division 3 — Finance 9. Funds of Commission; financial provisions 1 10. Financial Management Act 2006 and Auditor General Act 2006 apply to Commission 1 11. Some dealings by Commission need Treasurer's approval 1 Division 4 — Membership, co‑option, consultation and committees 12. Members of Commission, attendance at meetings etc. 1 13. Remuneration of members; effect of service with Commission on public servants 1 14. Co‑option, consultation etc., Commission's powers as to 1 15. Committees, appointment of etc. 1 16. Delegation powers 1 Division 5 — Proceedings 17. Proceedings, meetings, declaring interests etc. 1 Division 6 — Staff, etc. 18. Staff, contractors etc.; Commission may ask Commissioner of Police to inquire etc. into various matters 1 19. Government departments, statutory bodies etc. to assist Commission 1 20. Reports, effect of and privilege attached to; official information, disclosure of etc. 1 Division 7 — Confidential police information 20A. Certain information provided by police to be kept confidential 1 Part III — Enforcement 21. Authorised officers, appointment and duties of and reports by 1 22. Permitted gaming and social gambling, powers to scrutinize etc. 1 23. Other police powers not limited by this Act 1 24. Commissioner of Police, directions by to police officers 1 25. Entry to premises, arrest etc., warrant authorising 1 26. Evidence, information etc., powers to seize, obtain etc. 1 27. Information, production of books, accounts etc., powers to require 1 27A. Authorised officers to be public officers for Criminal Investigation Act 2006 1 28. Recovering moneys payable to Commission 1 29. Hindering etc. Commission etc. and false etc. answers, offences as to 1 30. Incriminating information to be provided but is not admissible 1 31. Seizure without warrant 1 31A. Powers to assist seizing things 1 32. Certain seized things to be forfeited to Crown 1 32A. Disposing of seized or forfeited things 1 33. Prosecuting offences 1 34. Offences to be dealt with by magistrate 1 35. General penalty 1 36. Infringement notices 1 37. Liability of officers for offence by body corporate 1 38. Service of notices 1 39. Evidentiary provisions for charges of offences 1 40. Evidentiary provisions for charges involving common gaming houses 1 Part IV — Common gaming houses, unlawful gaming, cheating etc. 40A. Part does not apply to gambling under other written laws 1 41. Common gaming house, meaning of and offences as to 1 42. Prohibited gaming and unlawful games defined and offences as to 1 43. Defence of restricted access not available to charge of s. 41 or 42 offence 1 43A. Advertising unlawful gambling 1 44. Cheating in games etc. to obtain prize etc., offence 1 45. Permitted gaming, offences as to 1 Part V — Permitted gambling Division 1 — Gaming generally 46. Permitted gaming defined 1 47. Gaming permits, types, issue and effect of 1 48. Issue of permit on direction by Minister 1 49. Applications for issue or renewal of permit, matters that may be considered when deciding 1 50. Register of approvals, permit holders etc., Commission to keep and allow inspection of etc. 1 51. Persons eligible to hold gaming permits, approval of 1 52. Applications for gaming permits 1 53. Fees and charges for gaming permits 1 54. Charging people to take part in permitted gaming 1 55. Approving premises for gaming 1 56. Renewing approvals, permits and certificates 1 57. Reports by permit holders, when required, content of etc. 1 58. Gaming permit may regulate use of proceeds from permitted gaming etc. 1 59. Approvals etc. may require security to be given 1 60. Revoking and amending permits and certain approvals 1 62. Revocation or amendment of current approval etc., Commission to report to Minister; appeals to Minister 1 63. No credit to be given to person for permitted gaming; cheques for permitted gaming 1 Division 2 — Social gambling 64. Social gambling defined 1 Division 4 — Permitted two‑up 80. Two‑up at country race meetings 1 81. Two‑up at other places 1 82. Conditions deemed in certain permits 1 83. Regulations for this Division 1 Division 5 — Gaming machines and other gaming equipment and its operation 84. Terms used 1 85. Unlawful gaming machines etc., use and possession of prohibited 1 86. Use of unlawful cash or tokens in gaming machines 1 87. Records about gaming equipment, powers to require keeping of 1 88. Prescribed gaming equipment, regulations about, certificates for sellers etc. of 1 89. Prescribed gaming equipment, sale etc. of 1 90. Application of s. 88 and 89 to concessionaires 1 91. Permitted gaming, restrictions on certain people in relation to 1 92. Certificates for s. 91 1 93. Offences in relation to s. 91 1 Division 5A — Remote gambling devices 93A. Terms used 1 93B. Offences relating to remote gambling devices 1 Division 6 — Permitted bingo 94. Terms used 1 95. Permits to conduct bingo; who may play permitted bingo 1 96. Multiple bingo 1 97. Simultaneous bingo 1 98. Conduct of bingo 1 99. Recovering moneys payable to Commission for bingo 1 100. Regulations as to bingo 1 Division 7 — Lotteries, and amusements with prizes etc. 101. Terms used 1 102. Certain lotteries unlawful 1 103. Permitted lotteries (deemed) 1 104. Permits for lotteries; duties of holders of permit for standard lottery 1 104AA. Commission may require bank guarantee for certain standard lotteries 1 104AB. Commission's powers if bank guarantee provided 1 104AC. Commission may demand payment under bank guarantee 1 104AD. Commission must give notice in relation to bank guarantee 1 104AE. Commission to deal with money paid under bank guarantee 1 104AF. Return of bank guarantee 1 104A. Commission not liable for unpaid lottery prizes 1 104B. Licensing of suppliers of lottery tickets 1 104C. Licences of licensed suppliers, cancelling etc. 1 104D. Refusal or cancellation of supplier's licence, Commission to report to Minister; appeals to Minister 1 104E. Suppliers to give Commission tickets if licence cancelled etc. 1 104F. Licensed suppliers to lodge returns and pay continuing lotteries levy 1 104G. Continuing lotteries levy, application of 1 104H. Exemption from levy 1 104I. Refund of levy 1 104J. Tickets, protecting and accounting for; estimating levy for lost etc. tickets 1 104K. Tickets may be given to Commission for destruction 1 104L. Offences by licensed suppliers 1 104M. Offences involving continuing lottery tickets 1 105. Continuing lotteries, use of vending machines to sell tickets for 1 106. Offences involving lotteries 1 107. Amusements with prizes, which are permitted 1 108. Some fund raising activities deemed permitted amusement with prizes 1 109. Regulations for this Division 1 Division 8 — Unclaimed winnings 109A. Terms used 1 109B. Unclaimed winnings, Commission to be notified of etc. 1 109C. Gaming Community Trust Account 1 109D. Gaming Community Trust 1 Part VA — Supervision of RWWA 109E. Gambling operations of RWWA, meaning of 1 109F. Supervision of RWWA by Commission etc. 1 109G. Directions to RWWA, Commission may give 1 109H. Contravention of directions 1 109I. Complaints about RWWA, Commission's functions as to 1 109J. Reports on and inquiries into RWWA 1 109K. Report or inquiry under s. 109J, Minister's powers following 1 Part VI — Ancillary 110. Gambling on premises licensed for retail sale of liquor 1 110A. Sports Wagering Account 1 110B. Racing Bets Levy Account 1 110C. Provision of information to Commission 1 110D. Delegation by CEO 1 111. Burswood Casino Agreement cl. 22, when Commission may decide questions as to 1 112. Transitional provisions as to Casino Control Act 1984 1 117. Regulations 1 Part 7 — Transitional provisions for Gambling Legislation Amendment Act 2024 118. Term used: commencement day 1 119. Application of Interpretation Act 1984 1 120. Infringement notices 1 121. Gaming Community Trust Account and Racing Bets Levy Account 1 122. Sports Wagering Account 1 123. Transitional regulations 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Gaming and Wagering Commission Act 1987 An Act to constitute the Gaming and Wagering Commission of Western Australia, to consolidate and amend the law relating to gaming and wagering, and for related purposes. [Long title amended: No. 35 of 2003 s. 121.] Part I — Preliminary 1. Short title This Act may be cited as the Gaming and Wagering Commission Act 1987. [Section 1 amended: No. 35 of 2003 s. 122.] 2. Commencement The provisions of this Act shall come into operation on such day as is, or days as are respectively, fixed by proclamation. 3. Terms used (1) In this Act, unless the contrary intention appears — approved means approved by the Commission; approved premises means premises approved under section 55; authorised officer means — (a) a member of the Commission; or (b) the Chief Casino Officer, a government inspector or any other person appointed for the purposes of section 9(1) of the Casino Control Act 1984; or (c) a person appointed under section 21(1); or (d) a person to whom a duty or power is delegated under section 21(2), but only to the extent of the performance of the duty or the exercise of the power; books includes any register or other record of information and accounts or accounting records, however compiled, recorded or stored, and also any document; casino means a building or room in which games are conducted and played, or in which money counting, surveillance, storage and other activities related to the conduct and playing of games are carried on, pursuant to a casino gaming licence granted under section 21 of the Casino Control Act 1984; casino complex agreement means agreement entered into by the Minister with a public company under section 19(1) of the Casino Control Act 1984; CEO means the chief executive officer of the Department; certificate means a certificate issued under Part V Division 5; Commission means the Gaming and Wagering Commission of Western Australia established under section 4; condition includes a term, requirement, limitation or restriction; conduct includes promote, organise, manage or operate; continuing lotteries levy means the levy imposed by the Gaming and Wagering Commission (Continuing Lotteries Levy) Act 2000; credit card includes any card or other article intended for use by a person in obtaining cash, goods or services on credit; debit card means a card or other article intended for use by a person in obtaining access to an account held by the person for the purpose of withdrawing or depositing cash or obtaining goods or services; Department means the department of the Public Service principally assisting the Minister in the administration of this Act; event has the meaning given in the Betting Control Act 1954 section 4(1); gambling means gaming or wagering; game of chance does not include any athletic game or sport but, with that exception, includes a pretended game of chance and a game or pretended game which includes a degree of chance, whether or not combined with a skill or degree of skill; gaming, subject to section 39(2)(d) and (e), means the playing of a game of chance for winnings in money or money's worth, whether any person playing the game is at risk of losing any money or money's worth or not; gaming equipment includes any machine used in the course of, or in relation to, gaming; house, in relation to the interpretation of the term common gaming house, includes any premises; imposed, in relation to a condition, includes implied by or prescribed under this Act; instruments of gaming includes any cards, dice, board, kip, tables, tokens or other thing used in the course and for the purposes of gaming; licence means a licence issued under Part V Division 7; licensed supplier means a person licensed under Part V Division 7 as a licensed supplier; lottery includes — (a) any scheme or device for the sale, gift, disposal, or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or the drawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever; and (aa) any scheme in which such property is, or is proposed to be, given and in which (at any stage) the person eligible to receive the property as a prize, or to participate further in the scheme, is or is to be determined by lot or chance (whether by the throwing or casting of dice, or the drawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever) or by reference to any event or contingency dependent on chance, regardless of whether (at an earlier or a later stage) a test of knowledge or skill is or may be required to be passed by any person in order to qualify the person to receive a prize or to participate further in the scheme; and (b) a scheme or device for the disposition of property of the kind commonly known as an art union, raffles, guessing competitions, and the like; and (c) any disposition of property under any other scheme or competition which the public or any specified section of the public may be or is invited to enter, the nature or conduct of which (though skill on the part of the entrants or competitors purports to be required) is such as in the circumstances of the case to preclude the fair consideration of the answers of the entrants or competitors; machine includes a telecommunications device and any other apparatus or device; minor fund raising activity means an activity to which section 108 applies; money includes any bank note, postal note, cheque, credit card, debit card, security or authority for money or the payment of money; multiple bingo means bingo of the kind referred to in section 96(4); occupier, used in relation to any premises, includes a person by whom or on whose behalf, and a company or other body of persons, corporate or unincorporate, by or on behalf of which, the premises are actually occupied, or who or which is the lessee or sub‑lessee, not being the owner, and an attorney, agent, or manager, who has the control, supervision, or management of the premises on behalf of the person, company or body; owner, in relation to premises, includes a person who, or company or other body of persons, corporate or unincorporate, which, is, whether at law or in equity, entitled to the premises and also includes the attorney, agent or manager having control, supervision or management of the premises for that person, company, or body or who, on his or its behalf, receives the rent or is authorised to issue receipts for the rent; permit or gaming permit means a permit issued under this Act; permit holder means a person to whom or which a permit is issued; permitted amusement with prizes means an amusement — (a) which is provided under, and in all respects in accordance with, a permit; or (b) to which section 107 or 108 applies; permitted bingo means bingo conducted under, and which does not contravene, Part V Division 6; permitted gaming means gaming which is conducted under, and in all respects in accordance with, a permit; permitted lottery means a lottery conducted under and which does not contravene Part V Division 7; permitted two‑up means two‑up gaming conducted under, and which does not contravene, Part V Division 4; player, in relation to a game of chance, includes any person taking part in the game — (a) against whom other persons taking part in the game play or conduct gaming; or (b) who plays or conducts gaming against the house; playing includes operating — (a) any electrical, electronic or mechanical gaming equipment or other contrivance that is constructed or adapted for use in the game or pretended game; or (b) any other instrument of gaming; possession includes having under control in any place whatever, whether for the use or benefit of the person of whom the term is used or of another person, and notwithstanding that another person has the actual possession or custody of the thing in question; premises means any place, whether or not enclosed or otherwise defined by boundaries, and includes any land, building, structure, vehicle, railway vehicle, vessel, or aircraft, or any part thereof; public place includes the doorways or entrances abutting upon, or any ground adjoining and open to, such a place; race means a race of any kind by horses, whether ridden or driven, or by greyhounds; race club means a body which conducts race meetings; race meeting means a meeting at which races are held; related furnishings means any furniture or furnishings or equipment used in, or ancillary to, the conduct of a common gaming house; RWWA means Racing and Wagering Western Australia established under the RWWA Act; RWWA Act means the Racing and Wagering Western Australia Act 2003; simultaneous bingo means bingo played in the circumstances referred to in section 97(1); social gambling means gambling of a kind which by the operation of Part V Division 2 is to be taken to constitute social gambling; Sport and Recreation Department means the department of the Public Service assisting the Sport and Recreation Minister in the administration of the Sports Drug Testing Act 2001; Sport and Recreation Minister means the Minister to whom the administration of the Sports Drug Testing Act 2001 is for the time being committed; telecommunication device means — (a) a computer adapted for communicating by way of the Internet or another communications network; or (b) a television receiver adapted to allow the viewer to transmit information by way of a cable television network or another communications network; or (c) a telephone; or (d) any other electronic device or thing for communicating at a distance; token means a gaming chip or other substitute for money which — (a) is approved for the purpose by the person conducting the gaming in relation to which it is used; and (b) can be exchanged for money or money's worth or used for playing a game by means of a machine; trade promotion lottery means a lottery conducted to promote the sale of goods or the use of services, in which every participant takes part — (a) without cost to him; or (b) by reason of the purchase of goods or the use of services, the cost of which is — (i) no more than that cost would be without the opportunity to take part in the lottery; or (ii) no more than the maximum total cost per entry as is set out in the permit issued under section 104(1); two‑up means two‑up gaming — (a) in the form in which it is customarily conducted; or (b) in any variation or derivative of the form in which it is customarily conducted, and whether involving the use of coins or dice or other instruments of gaming, and whether the coins or dice or other instruments of gaming are thrown up into the air or down to the ground or otherwise manipulated; unlawful game means a game to which section 42(2) applies; vehicle includes every description of vehicle, whether stationary or in motion; vessel includes every description of craft used in navigation; wagering includes the staking or hazarding of money or other value — (a) on some question to be decided; or (b) in support of an assertion or on the issue of a forecast; or (c) on the outcome of an uncertain happening, or in the event of a doubtful issue, and the collection or payment of winnings on a wager; winnings includes any prizes or other winnings of any kind. (2) A reference to the power to amend, in relation to a permit, an approval or a certificate, or to a licence under the Casino Control Act 1984, includes a reference to the power to — (a) suspend the operation, for a time specified in the notice of amendment or until the happening of an event so specified, of the permit, approval, certificate or licence or of a condition imposed in respect to the permit, approval, certificate, or licence; or (b) impose conditions or further conditions. (3) For the purposes of this Act — (a) any purpose for which a body of persons is established and conducted that is calculated to benefit the body as a whole shall not be held to be a purpose of private gain by reason only that action in the fulfillment of that purpose would result in benefit to any person as an individual; and (b) any club, society, institution, organisation or association of persons, by whatever name called, and any separate branch or section of such a club, society, institution, organisation or association, shall be taken to constitute a separate body of persons. (4) For removal of doubt — (a) section 5(3) of the Betting Control Act 1954 applies in respect of things done under that Act; and (b) except as specified in paragraph (a) and sections 40A and 64, a reference in this Act to wagering or gambling includes a reference to betting under the Betting Control Act 1954. [Section 3 amended: No. 16 of 1990 s. 33; No. 14 of 1996 s. 4; No. 24 of 1998 s. 33; No. 6 of 2000 s. 9; No. 35 of 2003 s. 123, 166 and 167; No. 41 of 2018 s. 17; No. 53 of 2024 s. 43.] Part II — The Commission Division 1 — Administration 4. Gaming and Wagering Commission established (1) There shall be a body, to be known as the Gaming and Wagering Commission of Western Australia, established in accordance with this Act. (2) The Commission — (a) is a corporate body which under its corporate name — (i) has perpetual succession; and (ii) is capable, subject to this Act, of doing and suffering all that bodies corporate may lawfully do or suffer; and (b) may have a common seal, which shall — (i) be kept in such custody as the Commission directs; and (ii) be used only as authorised by the Commission; and (c) shall be constituted in accordance with section 12. [Section 4 amended: No. 35 of 2003 s. 124.] 5. Trading name or symbol, use of by Commission The Commission may use, and operate under, a trading name or symbol approved by the Minister, of which approval notice is published in the Gazette, but the use of such a trading name or symbol does not prevent or affect any proceedings being taken by or against the Commission in its corporate name. 6. Minister and Commission, relationship between (1) Subject to the Minister, it shall be the function of the Commission to carry out the administration of this Act. (2) The Minister may give to the Commission directions of a general character as to the exercise of its function, and the Commission shall give effect to such a direction, but where such a direction does not accord with recommendations of the Commission the Commission may make its advice to the Minister known to the public. (3) Where the Minister has referred a question or matter to the Commission for advice, the Minister may act notwithstanding that the advice has not been received. (3A) Where advice (including recommendations) is received from the Commission, whether or not at the request or direction of the Minister, the Minister is not bound to act on or give effect to it. (4) The Commission shall, in so far as that is not inconsistent with this Act, carry out such duties as — (a) may be required of it by the Minister under or in furtherance of the provisions of this Act or any other Act in relation to gambling; and (b) are not inconsistent with the Betting Control Act 1954, the RWWA Act, the Lotteries Commission Act 1990 or the Casino Control Act 1984. [Section 6 amended: No. 16 of 1990 s. 33; No. 35 of 2003 s. 125 and 166; No. 32 of 2022 s. 10.] Division 2 — Duties and powers 7. Duties of Commission (1) It shall be the duty of the Commission — (a) to administer the law relating to — (i) gaming; and (ii) subject to the Betting Control Act 1954 and the RWWA Act, wagering; and (b) to keep under review — (i) the conduct, extent and character of that gaming and wagering; and (ii) the provision, use and location of gaming and wagering facilities; and (ba) to formulate and implement policies for the scrutiny, control and regulation of gaming and wagering, taking into account the requirements and interests of the community as a whole and the need to minimise harm caused by gambling; and (c) to grant, or to withhold or revoke, approval in respect of, and where appropriate to inspect, examine or investigate premises, gaming equipment, operations and persons concerned with gambling in relation to which a permit or certificate is sought; and (d) to administer all matters relating to any casino complex, licensed casino, casino key employee, casino employee or gaming in a casino, pursuant to the Casino Control Act 1984 and any casino complex agreement; and (da) to perform the functions of the Commission prescribed by or under the RWWA Act and to administer all matters relating to those functions; and (e) to cause licences, permits, approvals, authorisations and certificates, as appropriate, to be issued in relation to — (i) persons; (ii) premises; (iii) casinos; (iv) facilities; (v) gaming and other equipment; (vi) gambling operations; and [(ea) deleted] (f) to advise the Minister, either of its own motion or upon the request of the Minister, as to any matter relating to gambling; and (g) to make recommendations to the Minister in relation to the control or supervision of particular kinds of gambling, or gambling in particular circumstances, and as to the making of regulations relating to gambling and the fees and charges to be prescribed; and (h) to enforce, and to prosecute persons contravening, the laws relating to gambling; and (j) to perform such other functions as are prescribed by or under this or any other written law. (2) In carrying out its duties the Commission shall, in so far as is practicable, ensure that the revenue derived pursuant to this Act, and under any other written law relevant to the duties of the Commission, is sufficient to provide for the operating, administrative and other costs of the Commission. [Section 7 amended: No. 35 of 2003 s. 126 and 166; No. 77 of 2006 s. 4; No. 37 of 2018 s. 64.] 8. Powers of Commission (1) Subject to this Act and the Betting Control Act 1954, the Commission has all such powers as are necessary to carry out its duties. (2) Without derogating from the generality of subsection (1), the Commission may — (a) formulate and implement policies for the administration and control of the conduct of gaming and wagering in the State; and (b) approve, or withhold approval from, persons, premises, facilities, gaming or other equipment, games and wagering and gaming operations, for the purposes of this Act or any other written law in relation to gambling; and (c) formulate and impose prohibitions or conditions to be applicable to, or in relation to — (i) the conduct of gambling; and (ii) the types of wagering which may or may not be conducted; and (iii) the games which may or may not be played; and (iiia) the advertising of live odds during events, whether generally or by specific classes of persons or in a specified manner or place; and (iv) the rules under which wagering is to be conducted and games are to be played; and (d) grant or issue and amend or revoke — (i) approvals, permits, certificates and authorisations relating to gambling and the use of premises for gambling; and (ia) approvals of associates of wagering licensees under the Betting Control Act 1954 section 10X; and (ib) licences of key employees of wagering licensees under regulations made under the Betting Control Act 1954 section 8; and (ii) subject to the Betting Control Act 1954, licences under that Act relating to wagering; and (iii) subject to the Casino Control Act 1984, licences relating to casinos and the employment of persons in casinos; and (iv) subject to the RWWA Act, licences under that Act relating to directors and key employees; and (da) take steps to minimise harm to the community, or any part of the community, caused by gambling; and (e) seek, receive, disseminate or publish information relevant to gambling and the incidence of gambling and its effect in the community; and (f) make prescribed charges and impose prescribed duties and fees. (3) For the purpose of administering and enforcing the law relating to gambling, and whenever under any written law the Commission is required or authorised to give or withhold approval or to make recommendations on any matter, or anything shall or may be done with or subject to the approval or recommendation of the Commission, the Commission may require such reports to be furnished, and institute and carry out such investigations and inquiries, as the Commission considers to be necessary or expedient. [Section 8 amended: No. 35 of 2003 s. 127 and 166; No. 8 of 2009 s. 63; No. 41 of 2018 s. 18; No. 21 of 2019 s. 89.] Division 3 — Finance 9. Funds of Commission; financial provisions (1) The funds available to the Commission consist of — (a) moneys from time to time appropriated by Parliament; and (b) interest accrued under subsection (6) or moneys otherwise lawfully received by, made available to or payable to the Commission. (2) An account called the Gaming and Wagering Commission Account is to be established — (a) as an agency special purpose account under section 16 of the Financial Management Act 2006; or (b) with the approval of the Treasurer, at a bank as defined in section 3 of that Act, to which the moneys received by the Commission are to be credited. [(2a) deleted] (3) The Gaming and Wagering Commission Account shall — (a) be controlled by the Commission; and (b) be operated in such manner as the Treasurer approves from time to time; and (c) subject to subsection (4)(a) and (c), be applied only for the purposes of the Casino Control Act 1984, the Betting Control Act 1954 and this Act, and all expenditure incurred by the Commission shall be drawn from that Account. (4) There shall be paid from the moneys from time to time credited to or placed to the credit of the Account — (a) the cost of administering this Act, and any other written law relating to gambling in so far as it is administered by the Commission; and (b) any other expenditure lawfully incurred for a purpose determined by the Commission and approved by the Minister; and (c) any surplus moneys required by the Treasurer with the agreement of the Minister to be credited to the Consolidated Account. (5) The Commission shall pay to the Treasurer such amounts, if any, as are fixed by the Treasurer — (a) as the interest and sinking fund contributions for each financial year in respect of such proportion of the Consolidated Account as is, or has been, applied for any purpose to which the function of the Commission relates; and (b) for the use by the Commission of government buildings or other government property, or for services rendered or facilities provided by any officer of the Public Service, the Police Force, or an instrumentality or agency of the Government, and such amounts shall be taken to be costs incurred in the administration of this Act. (6) The Commission may, subject to the approval of the Treasurer, temporarily invest moneys standing to the credit of the Account until those moneys are required for the purposes of the Commission. [Section 9 amended: No. 6 of 1993 s. 11 and 15; No. 49 of 1996 s. 55 and 64; No. 24 of 1998 s. 34(1) and (2); No. 35 of 2003 s. 128 and 166; No. 28 of 2006 s. 402; No. 77 of 2006 s. 4 and Sch. 1 cl. 71(1); No. 37 of 2018 s. 65; No. 53 of 2024 s. 44.] 10. Financial Management Act 2006 and Auditor General Act 2006 apply to Commission The provisions of the Financial Management Act 2006 and the Auditor General Act 2006 regulating the financial administration, audit and reporting of statutory authorities apply to and in respect of the Commission and its operations. [Section 10 amended: No. 77 of 2006 Sch. 1 cl. 71(2).] 11. Some dealings by Commission need Treasurer's approval (1) Subject to the approval of the Treasurer, the Commission may acquire, hold and dispose of real and personal property, borrow moneys, and give security for financial accommodation. (2) The Treasurer may delegate his power of approval under subsection (1) to the Under Treasurer of the State or to any other officer of the Treasury, and that approval may then be given by the delegate in general terms as regards particular types of transaction authorised by the instrument of delegation. Division 4 — Membership, co‑option, consultation and committees 12. Members of Commission, attendance at meetings etc. (1) The membership of the Commission shall comprise — (a) the chairperson, appointed by the Minister; and (b) not less than 5, nor more than 7, other members, appointed by the Minister, and the Minister shall cause notice of the appointments to be published in the Gazette. (2) Members appointed under subsection (1) shall be persons who, in the opinion of the Minister, are persons of integrity, good repute and relevant experience. (2A) The members of the Commission must select one of their number to be the deputy chairperson. (2B) If the chairperson is unable to act because of absence or incapacity, or the office of chairperson is vacant, the deputy chairperson must act in the chairperson's place. (3) A quorum of the Commission shall be constituted by 4 members, unless in relation to any particular matter the Minister directs that all the members are required to be present at the meeting concerned. (4) Where the Minister appoints — [(a), (b) deleted] (c) persons of repute, experience and integrity to be the respective deputies of members holding office under subsection (1)(b), those persons shall be such deputies, and, on the Minister causing notice of the respective appointments to be published in the Gazette, the person appointed under this subsection is entitled to attend any meeting of the Commission at which the member to whom that person is the deputy is not present and, when so attending, has all the powers and duties of that member. (5) In the absence or incapacity of the chairperson, and of the deputy chairperson, the members of the Commission present at a meeting shall select one of their number to preside, and the person so selected has and may exercise all the powers of the chairperson whilst so presiding. (5A) Subject to this Act, the chairperson holds office for the period, not exceeding 5 years, specified in their instrument of appointment, and is eligible for reappointment. (6) Subject to this Act, a member appointed under subsection (1)(b) holds office for such period not exceeding 3 years as is specified in the instrument of appointment, but is eligible for re‑appointment. (7) If at any time a member appointed under subsection (1)(b) ceases to hold office, a person who is at that time the deputy of that member shall until — (a) the vacancy in the office of that member is filled by the appointment of another member; or (b) where the vacancy is not filled, the expiration of the period of the appointment of that member or of 3 months from the date of that member so ceasing to hold office, whichever is the lesser time, be entitled to attend any meeting of the Commission and, when so attending, has all the powers and duties of a member. (8) Where — (a) both a member appointed under subsection (1)(b) and the deputy of that member are absent or temporarily incapable of fulfilling the duties of a member; or (b) the office of a member is vacant and is not filled in accordance with this Act, and no deputy is acting for that member pursuant to subsection (7), the Minister may appoint a person to act in the place of that member during that absence or incapacity, or until the vacancy is filled, as the case requires, and any person so appointed has, while that appointment subsists, all the functions, powers and duties of a member. (9) Unless the context otherwise requires, any reference in this Act to a member shall be construed as including a reference to — (a) a deputy acting in the office of that member; (b) a person appointed by the Minister pursuant to subsection (8) to act in the place of that member while the appointment subsists. (10) An act or omission of a person acting in place of another under this section cannot be questioned on the ground that the occasion for acting had not arisen or had ceased. (11) If a member of the Commission — [(a) deleted] (b) is a person who is an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; or (c) is absent, without the permission of the Commission, from 3 consecutive meetings of the Commission of which he has been given notice; or (d) is removed from office by the Minister for disability, inefficiency or misconduct, the office of that person becomes vacant and the person shall not thereafter be eligible for re‑appointment. (12) An appointed member may resign office by a written notice given under the hand of that person and addressed to, and received by, the Minister, but a member whose term of office expires or who resigns from office is eligible for re‑appointment. (13) A person who is or has been a member is not personally liable for any act done or omitted to be done in good faith by the Commission or by that person in acting as a member. (14) Until a person is appointed to the office of chairperson under subsection (1), as amended by the Casino Legislation Amendment (Burswood Casino) Act 2022 section 11, the chief executive officer of the Department is, ex officio, the chairperson of the Commission. [Section 12 amended: No. 16 of 1990 s. 33; No. 24 of 1998 s. 35; No. 10 of 2001 s. 85; No. 35 of 2003 s. 129 and 168; No. 25 of 2014 s. 62; No. 32 of 2022 s. 11.] 13. Remuneration of members; effect of service with Commission on public servants (1) A member of the Commission, a person appointed a member of a committee of the Commission, or a person co‑opted to the Commission may be paid such remuneration and allowances as the Minister, on the recommendation of the Public Sector Commissioner, determines. (2) If a person who would be eligible to receive remuneration or allowances under this Act is or becomes a member of, or a candidate for election to, the Parliament of the State or of another State or of a Territory or of the Commonwealth, the person shall not be paid remuneration or allowances under this section but shall, subject to the approval of the Minister, be reimbursed such expenses as the person reasonably incurs by reason of attendance at meetings or of undertaking, with the approval of the Commission, business on behalf of the Commission. (3) Acceptance of or acting in the office of member of the Commission by any person does not of itself render the provisions of Part 3 of the Public Sector Management Act 1994, or any other Act applying to persons as officers of the Public Service of the State, applicable to that person, or affect or prejudice the application to that person of those provisions if they applied to the person at the time of the acceptance of or acting in that office. (4) Where the services of any person are for the time being utilized by the Commission under the provisions of this Act, that utilization does not prejudice the existing or accruing rights of that person under the Public Sector Management Act 1994 or under any other Act, and service rendered on behalf of the Commission pursuant to this Act shall be regarded as not constituting a break in the service in which the person would otherwise have been employed. [Section 13 amended: No. 32 of 1994 s. 19; No. 24 of 1998 s. 36; No. 39 of 2010 s. 89.] 14. Co‑option, consultation etc., Commission's powers as to (1) Subject to the Minister, the Commission may for the purpose of any meeting or matter co‑opt any person having specialized knowledge or experience relevant to the purposes of this Act, but a person so co‑opted is not entitled to a vote. (2) The Commission has power to invite or engage any body or person to act in an advisory capacity to the Commission in relation to any or all aspects of the functions of the Commission. (3) The Commission may, on matters relevant to the purposes of this Act, consult and collaborate with any government department, authority, instrumentality or agency in the State or elsewhere or with any other body which has interests relevant to those of the Commission. 15. Committees, appointment of etc. (1) The Commission may, from time to time, appoint a committee or committees to investigate and advise the Commission on any aspect of its functions under this or any other written law or, subject to section 16, to carry out such of the duties or exercise such of the powers of the Commission under this or any other written law as the Commission may determine. (2) The carrying out of any duty or the exercise of any power by a committee of the Commission does not relieve the Commission of the responsibility for the decisions of that committee. (3) A committee may consist of such persons as the Commission determines, whether members of the Commission or persons who are not such members, but so that in every case not less than one member of the Commission shall be a member of the committee. (4) Each committee appointed by the Commission shall report to the Commission on its activities at such times as the Commission directs. [Section 15 amended: No. 35 of 2003 s. 130.] 16. Delegation powers (1) Where the Commission considers that any power of the Commission under this or any other written law should be exercised on its behalf by a person or body other than the Commission, the Commission may, by resolution, delegate all or any of its powers or duties, except this power of delegation, to — (a) a member or a committee of the Commission; or (b) the Chief Casino Officer, or a government inspector; or (c) in accordance with section 59(1)(d) of the Interpretation Act 1984, as may be specified in the instrument of delegation, either generally or as otherwise provided by the instrument of delegation. (2) A power delegated by the Commission shall be exercised by the delegate in accordance with the instrument of delegation, and when so exercised shall be deemed to have been exercised by the Commission and shall be presumed, unless the contrary is established, to have been exercised by a person duly authorised by a delegation under this section. (3) A document purporting to be signed by a person as a delegate of the Commission shall be deemed, unless the contrary is established, to have been signed by such a delegate and to have been so signed pursuant to the exercise of a power duly delegated to the person by the Commission. (4) In this section — government inspector and Chief Casino Officer have the meanings given in the Casino Control Act 1984. [Section 16 amended: No. 24 of 1998 s. 37; No. 35 of 2003 s. 131.] Division 5 — Proceedings 17. Proceedings, meetings, declaring interests etc. (1) Subject to this Act the proceedings of the Commission may be regulated in such manner as the members think fit. (2) A meeting of the Commission may be convened by the Minister or by the chairperson, and where 2 or more members give notice in writing to the chairperson requiring him to convene a meeting in relation to any matter the chairperson shall at their request convene a meeting of the Commission to be held within 21 days thereafter to deal with that matter. (3) The Minister shall convene the first meeting of the Commission as soon as practicable after the coming into operation of this section, and thereafter the Commission shall hold meetings at such times and places as the Commission determines. (4) Unless in relation to any particular matter the Minister directs that a unanimous resolution is required, a question arising at a meeting of the Commission shall be decided by a majority of the votes of the members present and voting, but if the votes cast on a question are equally divided the member presiding at the meeting shall have a casting vote in addition to a deliberative vote. (5) A member who has a direct or indirect pecuniary interest in a matter referred to the Commission — (a) shall, as soon as is practicable after becoming aware of the existence or relevance of the interest, disclose the fact that he has the interest to the person presiding at the next meeting of the Commission; and (b) may participate in the discussions of the Commission in relation to the matter but shall not vote thereon, unless the interest that the person has is, or in the context of the vote is, determined by the person presiding at the meeting where the vote is to be taken to be an interest that could not reasonably be regarded as likely to have an influence on the exercise of the vote and the person so presiding indicates that such a vote may be exercised, and particulars of any such determination shall be recorded in the record of the proceedings. (6) In all cases of dispute, doubt or difficulty respecting or arising out of matters of procedure or order, or as to the determination of a pecuniary interest of a member, the decision of the member presiding is final. (7) A record of the proceedings of every meeting shall be kept in such manner as the Commission may determine, and shall be corrected as necessary and certified by the member presiding at that or the next succeeding meeting. [Section 17 amended: No. 35 of 2003 s. 168.] Division 6 — Staff, etc. 18. Staff, contractors etc.; Commission may ask Commissioner of Police to inquire etc. into various matters (1) The Commission may by arrangement with the relevant employing authority make use, either full‑time or part‑time, of the services of any officer or employee — (a) in the Public Service; or (b) in a State agency or instrumentality; or (c) otherwise in the service of the Crown in right of the State. (1a) The Commission may by arrangement with — (a) a department of the Public Service; or (b) a State agency or instrumentality, make use of any facilities of the department, agency or instrumentality. (2) An arrangement under subsection (1) or (1a) is to be made on such terms as are agreed to by the parties. (2a) In subsections (1) and (1a) — employing authority, Public Service and other expressions used in the Public Sector Management Act 1994 have the same meanings as they have in that Act. (3) The Commission may engage, under contract for services, such consultants as may be necessary to enable the Commission to carry out effectively its functions under this Act, the RWWA Act and the Betting Control Act 1954, and may enter into arrangements with statutory authorities, educational establishments, or other bodies or persons, whether in the State or elsewhere, with respect to the conduct of any research, study, inquiry or investigation or to any professional, technical or other assistance that may be necessary or expedient for the purposes of this Act, the RWWA Act or the Betting Control Act 1954. (4) On the request of the Commission the Commissioner of Police may cause inquiry or investigations to be made as to — (a) any testimonial, books or other information supplied by or on behalf of a person who is the holder of, or an applicant for, any permit, approval or certificate under this Act or any licence or other authorisation conferred pursuant to the Betting Control Act 1954, the RWWA Act or any other written law that relates to gambling; and (b) the character or reputation of any such person, including as to whether or not, and the extent to which, that person acts or is reputed to be accustomed to act in accordance with the directions or interests of any other person; and (c) the suitability of such a person to conduct or be concerned in the conduct of permitted gaming, and where the case requires as to the suitability of any individual appointed as a nominee on behalf of such a person, or of a person for whom another acts as nominee; and (ca) the suitability of — (i) such a person to conduct, or to be concerned in the conduct of, wagering under the Betting Control Act 1954 or the RWWA Act; or (ii) any individual appointed on behalf of such a person, whether as a nominee or otherwise; or (iii) a person for whom another acts, whether as a nominee or otherwise; and (cb) the character, reputation, and antecedents of any person who occupies or seeks to occupy a position of authority in a body corporate or is or wishes to become a member of a partnership that is the holder of, or an applicant for, a bookmaker's licence under the Betting Control Act 1954, and of any associate or suspected associate of that person, including as to whether or not, and the extent to which, that person acts or is reputed to be accustomed to act in accordance with the directions or interests of any other person; and (d) any premises, facilities, gaming or other equipment, instruments of gaming, machine, accounting procedures, advertising or inducements, used or suspected of being used in connection with gambling or suspected gambling, or intended to be so used; and (e) any matter concerning a licensed casino; and (f) the conduct or suspected conduct of any gambling, or suspected gambling; and (g) allegations, representations or objections made in respect of any such matters, and shall report thereon to the Commission, and if the Commission so requests to a court. [Section 18 amended: No. 32 of 1994 s. 19; No. 24 of 1998 s. 38; No. 35 of 2003 s. 132 and 166.] 19. Government departments, statutory bodies etc. to assist Commission (1) All departments of the Public Service of the State and all instrumentalities or agencies of the Government established or administered pursuant to any Act (including any local government) shall, and are hereby authorised to, give to the Commission such assistance in the carrying out of its functions as is reasonably practical, and shall comply with all reasonable requests for information made by the Commission, but this provision shall not be taken as exempting the Commission from any requirement as to the payment of fees or charges. (2) The Minister of the Crown having responsibility for any such department, instrumentality or agency may, on the request of the Commission, direct that body to provide assistance to the Commission, and any such direction may require that the services (whether administrative, technical or otherwise) of any person employed or engaged by that department, instrumentality or agency, or any facilities, shall be made available for the purposes of this Act and the Betting Control Act 1954. [Section 19 amended: No. 32 of 1994 s. 19; No. 14 of 1996 s. 4; No. 35 of 2003 s. 133.] 20. Reports, effect of and privilege attached to; official information, disclosure of etc. (1) Where any report is required pursuant to this Act that report shall be given due consideration, but the Commission, or any magistrate, shall not be bound to give effect to any recommendation therein contained. (2) The contents of any report made to the Commission by a committee of the Commission, an authorised officer, a member of the Police Force or any other person required under this Act to furnish such a report are absolutely privileged — (a) from production; and (b) in relation to any proceedings for defamation in any court of law, unless the Commission or a judge otherwise directs. (3) A person shall not, either directly or indirectly, except in the performance of a function or duty under or in connection with this Act, the RWWA Act or the Betting Control Act 1954 — (a) make a record of, or divulge or communicate to any other person, any information concerning the affairs of another person acquired by him by reason of his office, employment or engagement under or for the purposes of this Act or any other written law relating to gambling; or (b) produce to any person any report, books or other thing relating to the affairs of another person furnished for the purposes of this Act or any other written law relating to gambling. Penalty for this subsection: a fine of $50 000. [Section 20 amended: No. 35 of 2003 s. 134 and 166; No. 50 of 2003 s. 66(2); No. 41 of 2018 s. 25(1); No. 53 of 2024 s. 71.] Division 7 — Confidential police information [Heading inserted: No. 73 of 2006 s. 113.] 20A. Certain information provided by police to be kept confidential (1) In this section — confidential police information means any information or document classified as confidential under subsection (2); relevant Act means this Act, the Betting Control Act 1954, the RWWA Act or the Casino Control Act 1984. (2) For the purposes of this section, the Commissioner of Police may classify as confidential any information or document that is — (a) provided by the Commissioner of Police to the Commission as a report, or part of a report, under section 18(4); or (b) otherwise provided by the Commissioner of Police to the Commission for the purposes of a relevant Act. (3) Despite any provision of a relevant Act, any information or document provided by the Commissioner of Police to the Commission for the purposes of a relevant Act must not be published or disclosed by the Commission to any person (except to the Minister, the Parliamentary Commissioner for Administrative Investigations appointed under section 5 of the Parliamentary Commissioner Act 1971, the Corruption and Crime Commission established under the Corruption, Crime and Misconduct Act 2003, the Parliamentary Inspector of the Corruption and Crime Commission appointed under the Corruption, Crime and Misconduct Act 2003, a court or a person to whom the Commissioner of Police authorises its disclosure) if the information or document is classified as confidential police information. (4) If — (a) the Commission — (i) refuses to grant or issue or renew; or (ii) amends, suspends, cancels or revokes, any permit, approval, certificate, licence or authorisation under a relevant Act; and (b) the decision to do so is made solely or partly on the basis of confidential police information provided to the Commission, the Commission is not required to give any reasons for the decision other than that the decision is made in the public interest. (5) In any proceedings (other than proceedings for an offence) before a court under a relevant Act, the court — (a) must, on the application of the Commissioner of Police, take all reasonable steps to maintain the confidentiality of confidential police information, including steps — (i) to receive evidence and hear argument about confidential police information in private and in the absence of any party to the proceedings other than the Commission or the Commissioner of Police or their representatives; and (ii) to prohibit the publication of evidence about confidential police information; and (b) may take evidence consisting of or relating to confidential police information by way of an affidavit of a member of the Police Force of or above the rank of Superintendent. (6) The Commissioner of Police must not delegate the function of classifying information or documents as confidential police information except to a Deputy Commissioner of Police or an Assistant Commissioner of Police. [Section 20A inserted: No. 73 of 2006 s. 113; amended: No. 35 of 2014 s. 39.] Part III — Enforcement 21. Authorised officers, appointment and duties of and reports by (1) The Commission shall appoint, from amongst persons to whom section 18 applies, such persons as may be necessary to carry out the duties of an authorised officer under this Act and the Betting Control Act 1954 and shall furnish any such officer with a certificate evidencing the appointment. (2) The Commission may, by arrangement with a local government, delegate to any duly appointed employee of that local government such of the duties imposed and powers of examination and report conferred on an authorised officer by this section as the Commission may determine. (3) It is the duty of an authorised officer to examine and report on any matter that, in his opinion, affects the administration of this Act or the Betting Control Act 1954 or upon which the Commission may require him to report and, in particular — (a) to report to the Commission on the conduct, nature, extent and standard of any gaming, and as to the facilities provided, at approved premises and elsewhere; and (b) to report to the Commission on the nature and extent of any premises in respect of which approval is sought, or the change in use of any part or parts of any existing approved premises; and (c) to examine and report on any permitted gaming or proposed permitted gaming as he thinks fit or as may be required by the Commission; and (d) otherwise, to assist and advise the Commission whenever so required by the Commission. (4) Where an authorised officer makes a report with respect to any particular premises, but not in so far as the report relates to the nature, extent or standard of gaming conducted, the Commission — (a) shall, where the Commission is not satisfied as to any matter in respect of the premises, on request cause a copy to be sent to the owner of the premises or his agent (if known) or, where the owner is not the permit holder or proposed permit holder, to the permit holder or proposed permit holder or his agent, as the case may require; and (b) shall make such part of the report as the Commission thinks appropriate available for inspection, on request, by the local government or by a person who has made submissions to the Commission or the Minister in respect of those premises or a permit relating to those premises. [Section 21 amended: No. 14 of 1996 s. 4; No. 35 of 2003 s. 135.] 22. Permitted gaming and social gambling, powers to scrutinize etc. (1) An authorised officer or a member of the Police Force is entitled — (a) to demand entrance to, and enter, inspect and remain on, any premises when permitted gaming or social gambling is, or purports to be, being conducted at those premises under this Act; and (b) to examine at such time and from time to time all gaming equipment, instruments of gaming, books, and things relating, or suspected by him of relating, thereto and to scrutinize and inquire into the conduct of the gambling. (2) An authorised officer may, on production of the certificate furnished to him under section 21(1), or, if the authorised officer is not appointed under that provision, any other evidence of office that is reasonable in the circumstances, at any reasonable time demand entrance to, enter and inspect — (a) approved premises; or (b) subject to the consent of the occupier, any premises in relation to which the approval of the Commission is sought. (3) A person carrying out an inspection, scrutiny or inquiry under this section may take with him a surveyor, auditor or other competent person to assist him. (4) Where admittance to any premises the power to enter which is conferred by this section is refused or delayed for such time as reasonably to lead to the inference that wilful delay was intended, the person refusing admittance or occasioning the delay shall be deemed to have attempted to prevent entry. (5) Every person who prevents or attempts to prevent an authorised officer or member of the Police Force, or a person to whom subsection (3) applies, from entering and scrutinizing or inquiring into the conduct of any gambling or in examining the premises, or obstructs them or any of them in the discharge of his duties, commits an offence. Penalty for this subsection: a fine of $20 000. [Section 22 amended: No. 24 of 1998 s. 39; No. 35 of 2003 s. 136 and 166; No. 41 of 2018 s. 25(1); No. 53 of 2024 s. 45.] 23. Other police powers not limited by this Act Nothing in this Act shall be read or construed as limiting any power or authority conferred on a member of the Police Force by any other Act or law. 24. Commissioner of Police, directions by to police officers The Commissioner of Police shall issue all such orders, and give all such directions, to members of the Police Force as may, in his opinion, be necessary or expedient to — (a) prevent gambling contravening the provisions of this Act or any other Act or law; and (b) ensure the proper and lawful exercise of the following — (i) a permit granted under this Act; (ii) a permit or licence granted by the Commission under any other Act; (iii) a wagering licence as defined in the Betting Control Act 1954 section 4(1); and (c) secure the lawful and orderly conduct of approved premises and permitted gaming and ensure the good behaviour of persons present on those premises or participating in or present at permitted gaming; and (d) whether in accordance with any request made under section 18(4) or otherwise, provide for the making of such reports to, and the bringing of such applications, complaints and objections before, the Commission as may be necessary or expedient for the proper administration of this Act. [Section 24 amended: No. 35 of 2003 s. 166; No. 21 of 2019 s. 93.] 25. Entry to premises, arrest etc., warrant authorising (1) Where a justice is satisfied, upon an application supported by evidence on oath, that there is reason to suspect that — (a) any premises are, have been or are about to be opened, kept or used as a common gaming house; or (b) unlawful gaming is, has been or is about to be conducted at any premises; or (c) an offence is, or is likely to be, committed under this Act at any premises in relation to any gambling conducted or purported to be conducted under the authority of a permit, he may, by warrant in the prescribed form stating the proposed purpose, empower any authorised officer or member of the Police Force to enter, with such other persons as may be necessary to assist, upon those premises using such force as may be necessary and any such warrant continues to have effect until the purpose for which it was granted is satisfied. (2) A warrant under subsection (1) authorises the holder and such other persons as are necessary to assist — (a) to arrest any person found on the premises to which the warrant relates; and (b) to seize all gaming equipment, instruments of gaming and related furnishings and any books, money or other thing which there are reasonable grounds for believing may be required as evidence for the purposes of proceedings in respect of the premises or of any gambling or of the playing of an unlawful game; and (c) to search — (i) the premises; and (ii) all persons found at or in the immediate vicinity of the premises and suspected of being concerned in an offence under this Act. [Section 25 amended: No. 35 of 2003 s. 166; No. 84 of 2004 s. 80.] 26. Evidence, information etc., powers to seize, obtain etc. (1) The Commission, an authorised officer or a member of the Police Force may for the purposes of this Act — (a) seize and detain, or make extracts from or copies of, any books or other material evidence found during the course of the exercise of a power conferred by this Act; and (b) require a person found in any premises entered, or in the immediate vicinity of those premises and suspected of having at a material time been in the premises, to — (i) answer any question put to him or to give or cause to be given any information, in so far as he appears to be in a position to provide material information; or (ii) to produce or cause to be produced, for inspection, any books or other material evidence in his possession or apparent control, to the extent that the person is capable of complying with the requirement. (1a) Where the Commission, an authorised officer or a member of the Police Force believes on reasonable grounds that any answer given or any information or evidence given or produced, or caused to be given or produced, by a person under subsection (1)(b) is false, the Commission, authorised officer or member may require the person to verify the answer, information or evidence by statutory declaration or in any other manner that is reasonable in the circumstances. (2) In subsection (1), material evidence means evidence which in the opinion of the person exercising the power is likely to be relevant to the investigation of a suspected offence under this Act or to the function of the Commission. [Section 26 amended: No. 24 of 1998 s. 40.] 27. Information, production of books, accounts etc., powers to require (1) Where the Commission believes that a person is capable of giving information or producing books or other evidence material to a matter that is in the opinion of the Commission likely to be relevant to the investigation of any suspected offence under this Act or any other written law relating to gambling, or otherwise to the functions of the Commission or the Minister, the Commission, by notice in writing served on