Victorian Current Acts

GAMBLING REGULATION ACT 2003 - SECT 1.3AA

    (1)     For the purposes of this Act, "gambling" means an activity in which—

        (a)     a prize of money or something else of value is offered or can be won; and

        (b)     a person pays or stakes money or some other valuable consideration to participate; and

        (c)     the outcome involves, or is presented as involving, an element of chance.

    (2)     For the purposes of subsection (1)(c), it is irrelevant—

        (a)     that the outcome of the activity also involves an element of skill; or

        (b)     that an element of chance involved in the activity can be overcome or eliminated by superlative skill.

    (3)     In addition to subsection (1), "gambling" includes the following activities—

        (a)     any game known as—

              (i)     baccarat; or

              (ii)     dinah-minah; or

              (iii)     fan-tan; or

              (iv)     faro; or

              (v)     hazard; or

              (vi)     minah-dinah; or

              (vii)     roulette; or

              (viii)     skill-ball; or

              (ix)     two-up;

        (b)     any game that is similar to a game referred to in paragraph (a);

        (c)     any game in which the chances are not equally favourable to all the players, including the banker or other person by whom the game is conducted or against whom the other players stake, play or bet;

        (d)     any game—

              (i)     that is played with cards or a document, device, piece of equipment or other thing; and

              (ii)     in which any person derives a percentage or share of the amount or amounts wagered;

        (e)     the use of a totalisator.

    (4)     Despite subsections (1) and (2), gambling does not include—

        (a)     an unlisted activity—

              (i)     that is undertaken with no intention to raise money for any purpose; and

              (ii)     in which all money or other valuable consideration paid or staked is returned to the participants; and

              (iii)     in which no person who is organising, managing or supervising the activity (whether or not the person participates in the activity) receives money or other valuable consideration for doing so; or

        (b)     an unlisted activity in which all participation is gratuitous; or

        (c)     receiving or holding any money or valuable consideration by way of stakes or deposit to be paid to—

              (i)     the winner of a race or lawful sport, game or exercise; or

              (ii)     the owner of a horse engaged in a race; or

        (d)     a private raffle among employees of the same employer if—

              (i)     the net proceeds of the raffle are intended to be appropriated to the provision of amenities for employees of that employer; and

              (ii)     the value of the prize does not exceed $5000; or

        (e)     an unlisted activity prescribed for the purposes of this paragraph.

    (5)     In this section—

"unlisted activity" means an activity that is not referred to in subsection (3).

S. 1.3A inserted by No. 72/2007 s. 4.