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Is two-up legal? Can it be played throughout WA anytime?

ANZAC Day (April 25) is fast approaching, and apart from honouring the fallen, a part of the day around Australia is the game of two-up. Two-up can be played outside of ANZAC Day and by a range of organisations and can provide publicity and funds for an organisation.

For some context, there are many views on the game.

According to the ABC, many, including Sydney artist and writer Ollie Watts reckons we should have kept two-up illegal.

“The idea of two-up being illegal actually only highlighted and marked Anzac Day as a special day and sacred day when mateship and memory overrode the everyday constraints of law,” Ollie told Hack (ABC).

“It was an unwritten rule that you were allowed to play two-up on Anzac Day and it’s the unwritten rules that tie a society together perhaps more so than the written ones.”

He does understand the law changes make it much easier for pubs and clubs to run these events without fear of police running through, but he’s not sure that’s the best way to go about it.

“Now they can commercialise it with this sort of Edwardian font saying ‘Two-up played here today’ but I really think you lose a lot by doing that.”

Michael Annett, the secretary of the Victorian branch of the RSL, says two-up does have a place in the day, although it usually comes a little bit later.

“I think it’s always conducted in a way that is not directly connected to the commemorative ceremony, with the march, it’s always something that’s conducted in a slightly more light-hearted fashion as part of the social activities in the latter part of Anzac Day,” he told Hack.

While often only played in RSL Clubs on ANZAC day, two-up can be played all around the State if a permit is granted, and organisations around the State can benefit.

Division 4 of the Gaming and Wagering Commission Act 1987 (WA) — Permitted two-up – is the legislation that governs the game in WA. As an aside, two up can be played in the vicinity of a racecourse or track without a permit under the control of a country race club (not for commercial purposes, although the operator can take a commission from the spinner).

In looking at the granting of a permit, the Gaming and Wagering Commission may have regard to the recreational and social aspects of the permit.  Any club, society, institution, organisation, association or other body of persons can apply under s 51 of the Gaming and Wagering Commission Act 1987 (WA), as long as they are not inside a radius in any direction of 100 km of the Burswood Casino (as referred to in the Casino (Burswood Island) Agreement Act 1985 (WA)). That said, amendments to that Act allow the Minister for Racing and Gaming to permit the playing of two-up by RSL clubs on Anzac Day within a 100km radius of Crown Perth Casino at clubrooms or premises that are usually used for social functions and activities of members of any such organisation.

The Commission will look at whether the body has as the principal object of the proposed gaming
the raising of moneys in good faith for the active promotion, support or conduct of any sporting,
social, political, literary, artistic, scientific, benevolent, charitable or other like activity, and if so, look at the application favourably.

If you would like to consider a game of two-up as form of entertainment and support for your organisation, consult a lawyer to understand the intricacies of the law.

 

By | 2019-04-16T09:28:28+00:00 April 16th, 2019|Springdale News|0 Comments

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