WA Parliamentary Question on Notice reveals details of complaints, investigations, and penalties related to breaches of the Gaming and Wagering Commission Act 1987, specifically section 106(2)(b), (c)(i), and (d) from 2020 to mid-2023. Most breaches involved individuals advertising lotteries without permits, often on Facebook.

AnsweredQoN 1557Legislative Council
Asked
29 August 2023
Portfolio
Racing and Gaming

QuestionView source ↗

I
refer to complaints and breaches of section 106(2) of the Gaming and Wagering
Commission Act 1987 . For
each of the years 2020, 2021, 2022 and the first six months of 2023, will the
Minister table the respective: (a) annual total number of: (i) complaints received related to alleged breaches
of section 106(2)(b), (c)(i), or (d); (ii) investigations
related to alleged breaches of section 106(2)(b), (c)(i), or (d); (iii) determined breaches of section 106(2)(b), (c)(i), or (d) prosecuted; and (iv) penalties issued for breaches of section 106(2)(b), (c)(i), or (d); and (b) a summary of details of each breach of section 106(2)(b), (c)(i), or (d) giving rise to

a penalty
being issued (i.e., party, date, nature of advertisement)?

AnswerView source ↗

Answered
10 October 2023
Responded by
Parliamentary Secretary to the Minister for Racing and Gaming
Response time
9 days
2020    (a)-(b) Nil
2021    (a)
(i) Two complaints were received in 2021 relating to alleged breaches of sections 106(2)(b) and (c)(i) of the Gaming and Wagering Commission Act 1987 . A further complaint was received relating to alleged breaches of sections 106(2)(b), (c)(i) and (d) of the Gaming and Wagering Commission Act 1987.
(ii) Two investigations were initiated in 2021 relating to alleged breaches of sections 106(2)(b) and (c)(i) of the Gaming and Wagering Commission Act 1987 . A further one was initiated relating to alleged breaches of sections 106(2)(b), (c)(i) and (d) of the Gaming and Wagering Commission Act 1987.
(iii) Two breaches were determined in 2021 relating to breaches of sections 106(2)(b) and (c)(i) of the Gaming and Wagering Commission Act 1987. A further one was determined relating to breaches of sections 106(2)(b), (c)(i) and (d) of the Gaming and Wagering Commission Act 1987.
(iv) One caution was issued in 2021 relating to breaches of sections 106(2)(b) and (c)(i) of the Gaming and Wagering Commission Act 1987. A further one was issued relating to breaches of sections 106(2)(b), (c)(i) and (d) of the Gaming and Wagering Commission Act 1987.
(b)
·         One breach of sections 106(2)(b) and (c)(i) of the Gaming and Wagering Commission Act 1987 related to an individual who had commenced advertising and offering tickets for sale in a lottery to win a car via Facebook. Ticket offering and advertising ceased immediately once the individual involved was contacted. The individual was cautioned for these breaches.
·         One further breach of sections 106(2)(b) and (c)(i) of the Gaming and Wagering Commission Act 1987 related to an individual who had commenced advertising and offering tickets for sale in a lottery to win fishing gear via a private Facebook page on a closed Facebook group. Due to the closed nature of the Facebook group, details of the offender were unable to be determined in this instance.
·         One breach of sections 106(2)(b), (c)(i) and (d) of the Gaming and Wagering Commission Act 1987 related to an individual based in Tasmania, on behalf of a fundraising organisation, who commenced offering, advertising and selling tickets in a lottery via a private Facebook page. Ticket sales and advertising to WA residents ceased with all monies refunded to WA residents who had purchased a ticket in the lottery once the individual involved was contacted. The individual was cautioned for these breaches.
2022    (a)-(b) Nil
The first 6 months of 2023     (a)
(i) One complaint was received in 2023 relating to an alleged breach of section 106(2)(b) of the Gaming and Wagering Commission Act 1987 . A further complaint was received relating to alleged breaches of sections 106(2)(b), (c)(i) and (d) of the Gaming and Wagering Commission Act 1987.
(ii) One investigation was initiated in 2023 relating to an alleged breach of section 106(2)(b) of the Gaming and Wagering Commission Act 1987 . A further was initiated relating to alleged breaches of sections 106(2)(b), (c)(i) and (d) of the Gaming and Wagering Commission Act 1987.
(iii) One breach was determined in 2023 relating to a breach of section 106(2)(b) of the Gaming and Wagering Commission Act 1987 . A further was determined relating to alleged breaches of sections 106(2)(b), (c)(i) and (d) of the Gaming and Wagering Commission Act 1987.
(iv) One caution was issued in 2023 relating to a breach of section 106(2)(b) of the Gaming and Wagering Commission Act 1987. A further caution issued relating to breaches of sections 106(2)(b), (c)(i) and (d) of the Gaming and Wagering Commission Act 1987.
(b)
·         The breach of section 106(2)(b) of the Gaming and Wagering Commission Act 1987 related to an individual who commenced offering, advertising and selling tickets in a lottery. The individual was unaware that a permit to conduct a lottery of this nature was required and subsequently applied for and was granted a standard lottery permit. The individual was cautioned for this breach.
The breaches of sections 106(2)(b), (c)(i) and (d) of the Gaming and Wagering Commission Act 1987 related to a fundraising organisation, based in New South Wales, who commenced offering, advertising and selling tickets in a lottery. The individual was unaware that a permit to conduct a lottery of this nature was required. Ticket sales and advertising to WA residents ceased with all monies refunded to WA residents who had purchased a ticket in the lottery. The organisation was cautioned for these breaches.

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