Western Australian Current Acts

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4 .         Certain contracts and agreements relating to gaming and betting to be unenforceable

        (1)         Except in so far as they relate to, or arise out of a contract or agreement relating to, prescribed gaming or prescribed betting —

            (a)         all contracts or agreements, whether in writing or otherwise, by way of gaming or betting are null and void, and no proceedings shall be brought or maintained in any court for recovering any money or other valuable thing alleged to be won at gaming or upon a bet, or deposited with any person to abide the event on which a bet is made; and

            (b)         subject to section 6, any bill, note, cheque, mortgage, or other security drawn, accepted, made, given, granted, or entered into or executed by any person where the whole or any part of the consideration therefor is money, or any other valuable thing, won —

                  (i)         by way of gaming; or

                  (ii)         by a bet on the chances of any player or participant in, or the outcome of, any game or race in progress or to be held,

                is deemed to be drawn, accepted, made, given, granted, or entered into or executed for an illegal consideration.

        (2)         In so far as subsection (1) might but for this subsection apply to, or in relation to —

            (a)         any stake, deposit, or allowance payable to the owner or connections of a horse or dog engaged in a race run under the Betting Control Act 1954 in respect of its participation in that race; or

            (b)         any subscription or contribution to, or agreement to subscribe or contribute to, any sum of money or valuable thing to be awarded to a person who is the winner of any award in any lawful race or lawful game, sport, pastime, or exercise,

                the provisions of that subsection shall not apply thereto.

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