Short answer. Only in narrow cases: section 85 of the Gaming and Wagering Commission Act 1987 makes gaming on a poker machine unlawful unless it is a video machine authorised for use in the licensed casino under the Casino Control Act 1984, or a machine used under a permit or written law.
For Western Australia the machine side of the question sits in the Gaming and Wagering Commission Act 1987: it says when gaming is permitted, defines a gaming machine, prohibits unlawful gaming machines, adds an offence for remote gambling devices on public premises. The WA text is the current HTML version on legislation.wa.gov.au, pulled on 2026-09-12. The Commonwealth Interactive Gambling Act 2001, which reaches online casino services offered to people anywhere in Australia, is quoted on this site's online casino law page and is not repeated here.
What the Act says
Section 46: when gaming is permitted
(1)Gaming may be lawfully conducted, and lawfully participated in, where - (a)it occurs on a day and at a time authorised by a relevant gaming permit; and (b)it takes place at premises authorised by the permit to be used for permitted gaming of that kind; and (c)it is of a kind authorised by the permit; and (d)it is conducted by the permit holder or a person acting on behalf of and subject to the direction of the permit holder; and (e)it does not contravene any condition imposed in respect of the permit. (2A)Gaming that is prescribed for the purposes of this subsection may be lawfully conducted and lawfully participated in. (2)Except in so far as regulations made under this Act may otherwise provide or a permit specifically states, a permit does not authorise the playing of any kind of game - (a)which is declared to be an authorised game under section 22 of the Casino Control Act 1984 to be played in a licensed casino or which, although not so declared, is commonly played in casinos (whether in Australia or elsewhere); or (b)which in that particular part of the State, or in those circumstances, would be subject to the prohibitions contained in clause 22 of the Agreement referred to in section 3 of the Casino (Burswood Island) Agreement Act 1985 , not being a game of a kind referred to in clause 22(5) of that Agreement, and every permit shall be deemed to be subject to an implied condition to that effect which shall not be required to be noted on the permit or in the register.
Section 46 of the Gaming and Wagering Commission Act 1987 (WA), in-force text on legislation.wa.gov.au, pulled 12 September 2026.
Section 84: what a gaming machine is
gaming machine means a machine which - (a)is constructed, adapted or used for playing a game of chance by means of that gaming machine; and (b)a player pays (except where he has an opportunity to play without payment as the result of having previously played successfully) to play - (i)by inserting money, or money's worth in the form of a token; or (ii)in some other way; and (c)by the chances inherent in the action of the machine, determines the outcome of the game, whether or not provision is made for the manipulation of the machine by a player.
Section 84 of the Gaming and Wagering Commission Act 1987 (WA), in-force text on legislation.wa.gov.au, pulled 12 September 2026.
Section 93B: remote gambling devices on public premises
(1)A person who places a remote gambling device on public premises commits an offence. Penalty for this subsection: a fine of $100 000. (2)A person who uses a remote gambling device on public premises commits an offence. Penalty for this subsection: a fine of $5 000. (3)An owner or occupier of public premises commits an offence if the owner or occupier permits a remote gambling device to be placed or used on the premises. Penalty for this subsection: a fine of $100 000.
Section 93B of the Gaming and Wagering Commission Act 1987 (WA), in-force text on legislation.wa.gov.au, pulled 12 September 2026.
Section 93B of the Gaming and Wagering Commission Act 1987 (WA) states that a person commits an offence if they place a remote gambling device on public premises. It also states that a person commits an offence if they use a remote gambling device on public premises. In addition, an owner or occupier of public premises commits an offence if the owner or occupier permits a remote gambling device to be placed or used on those premises.
Section 85: unlawful gaming machines
(1)The conduct of gaming by means of, or the playing of games using or the making of wagers by reference to - (a)any gaming machine (not being a video machine authorised for use in a licensed casino pursuant to the Casino Control Act 1984 or a machine used in accordance with a permit or written law) of the kind generally known or described as a poker machine, fruit machine or roulette machine or any machine in the nature of or similar to a machine of that kind including a video machine that reproduces in a form suitable for playing by means of the video machine any kind of game - (i)that is declared to be an authorised game under section 22 of the Casino Control Act 1984 to be played in a licensed casino; or (ii)that, although not so declared, is commonly played in casinos (whether in Australia or elsewhere); or (iii)that is a variation or derivative of a game referred to in subparagraph (i) or (ii); or (b)any other gaming machine, not being a machine used - (i)as a slot machine; or (ii)in accordance with a permit or written law; or (c)gaming equipment of a kind which contravenes, or in the circumstances in which it is found contravenes, a prohibition proclaimed under subsection (2), is prohibited and constitutes unlawful gaming, and a game played with that gaming equipment or in relation to which it is used shall for the purposes of section 42(2) be deemed to be an unlawful game.
Section 85 of the Gaming and Wagering Commission Act 1987 (WA), in-force text on legislation.wa.gov.au, pulled 12 September 2026.
Licence status in Australia
None of the sites covered on this site (read here against Western Australia law) names an Australian licence; each is an offshore operator as far as Australian law is concerned. The Interactive Gambling Act 2001 and the ACMA's powers under it are quoted on our law page.
How to read this page
This page is not legal advice and settles no individual case; the section numbers lead to the full provisions.
Play responsibly
18+ only. Gambling Help Online 1800 858 858 - free, confidential, 24 hours a day, Australia. Self-exclusion register: BetStop.