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UNLAWFUL GAMES REGULATION 2007 (NO 5 OF 2007)
2007
THE LEGISLATIVE ASSEMBLY
FOR THE
AUSTRALIAN CAPITAL
TERRITORY
UNLAWFUL GAMES
REGULATION 2007
Subordinate Law No SL2007
–5
EXPLANATORY
STATEMENT
Circulated by the authority
of
Jon Stanhope MLA
Treasurer
The Unlawful Games Act 1984 (the Act) provides for the control of
unlawful games.
The purpose of the regulation is to make the game of
poker an unlawful game as provided for by section 3 of the Act, paragraph (e) of
the definition of unlawful game.
The Gambling and Racing Commission will absorb any costs associated with
the introduction and implementation of the regulation by way of disseminating
information that will assist with compliance with the regulation.
This section provides that the name of this regulation is the Unlawful
Games Regulation 2007.
This section provides that this regulation commences on the day after the
day it is notified on the Legislation Register.
(1) This subsection provides that the game of poker is prescribed. As a
consequence, the game of poker is unlawful.
(2) This subsection provides
that subsection (1) does not apply to poker played in a private home with fewer
than 9 people. Thus, the playing of poker in a private home with fewer than 9
people is not unlawful. However, games of poker in a private home in which
money or other valuable thing is staked or risked could be unlawful in
accordance with paragraph (f) of the definition of unlawful
game.
The term ‘private home’ would include a house or
other shelter that is the fixed residence of a person, a family or a household.
It would not include a temporary residence of a non-private nature such as a
hotel or motel room.
The purpose of this subsection is to provide clarity
to the unlawfulness of playing the game of poker outside of the casino. The one
exception is poker played in a private home where there is fewer than 9 people
and money or some other valuable thing is not staked or risked on the outcome of
the game.
The slight distinction between what is permissible in terms of
venues is provided for by section 48 of the Legislation Act 2001. It
provides that the power to make a statutory instrument includes power to make
different provisions in relation to different matters or different classes of
matters or to make an instrument that applies differently by reference to stated
exceptions or factors.
(3) This subsection provides that the term
“poker” means the game commonly known as poker and includes any
version or variation of the game of poker, by whatever name or description the
game may be given.
Therefore, all games that are similar to the commonly
known game or games of poker, including the numerous variations and versions,
are covered by this description. In this context, poker includes, but is not
limited to, Stud Poker, Draw Poker, Hold-em Poker, Manila Poker, Faro Poker and
Caribbean Poker.
The name of the game is not a critical factor, it is
whether the game is commonly known or identified as a version or variety of
poker.