If poker involving gambling is played outside of a licensed casino, it may constitute an unlawful game under the Criminal Code Act 1899. Unlawful gambling is subject to penalties and can be reported to the appropriate authority.

Section 230A of the Criminal Code provides that an unlawful game means a game of chance, or mixed chance and skill that:

1. is not authorised under an Act
   and
2. is played by 1 or more persons (players) who gamble or bet on an outcome of the game for the purpose of winning money or another consideration
   and
3. has at least 1 of the following characteristics
   1. the game is conducted or played in a public place
   2. the game is played in a place, or part of a place, the occupier of which allows, on payment or money or for other consideration, players to enter and use for playing the game
   3. percentage of the amount gambled or bet is
      1. kept by 1 or more of the players, or another person
         and
      2. not included in the winnings of the players.

The Queensland Police Service (QPS) is the primary agency responsible for administering the Criminal Code.

In order for a poker game to fall within the definition of an unlawful game, the act of gambling or betting has to occur. In this regard, the conduct involves money being bet or gambled on an outcome in a game of which the winners are decided by chance or a mix of chance and skill.

Further, in accordance with the concepts of betting or gambling, the reward for winning a bet is dependent upon the amount of money waged (whether it be via a single hand or consecutive wagers placed on a game). This means that during the course of betting or gambling there is a correlation between risk and reward (i.e. the greater the amount waged, the higher the winnings payable).

While all enquiries or complaints are assessed on a case-by-case basis, any person conducting a poker tournament on licensed premises should seek their own legal advice prior to conducting the game or tournament to ensure that they fully comply with legislative requirements.

However, in general terms providing there is no gambling or betting involved:

• entry fees or buy-ins are permitted provided there is no gambling or betting with money or other consideration
• entry fees to enter the venue may be charged by licensed premises
• poker tournament prizes are not prohibited but should be stated in the terms and conditions of the tournament.

Also consider...

• Read the Criminal Code Act 1899.
• Read the Charitable and Non-Profit Gaming Act 1999.
• Read the Gaming Machine Act 1991.
• Learn more about your rights, crime and the law.

The Office of Liquor and Gaming Regulation (OLGR) responds to numerous enquiries and complaints in relation to poker and poker tournaments conducted in licensed premises (including hotels and clubs) that are regulated under the Liquor Act 1992.

The Liquor Act prohibits a licensee from any of the following:

• bringing or keeping a machine or device capable of being used for betting or gaming on the licensed premises, other than ones required for wagering or gaming authorised under the Wagering Act 1998, Gaming Machine Act 1991, Charitable & Non-Profit Gaming Act 1999 or Keno Act 1996
• conducting or allowing an art union or lottery on the licensed premises that is not authorised by law
• permitting an unlawful sport or game to be played on the licensed premises.

A maximum penalty of $41,725 applies to a licensee convicted of these actions.

The Liquor Act also prohibits a licensee from allowing the licensed premises for to be used for betting, unless either:

• the licensed premises are located inside a licensed venue under the Racing Integrity Act 2016 and the betting takes place during times that betting may be conducted under that Act
• the betting is conducted under the Casino Control Act 1982, the Charitable and Non-Profit Gaming Act, the Gaming Machine Act, the Interactive Gambling (Player Protection) Act 1998, the Keno Act, the Lotteries Act 1997 or the Wagering Act.

A maximum penalty of $41,725 or 6 months imprisonment applies to a licensee convicted of allowing betting at a licensed premises outside of these circumstances.

The penalty amounts are current as of 1 July. The values change each year on this date.

If a licensee is convicted of one of these offences, the liquor licence may also be suspended or cancelled by OLGR.

When investigating complaints in relation to poker conducted at licensed premises, OLGR works collaboratively with the Queensland Police Service to establish whether the conduct constitutes an unlawful game within the meaning of the Criminal Code Act 1899, and whether the conduct of the licensee, in allowing the poker at their licensed venue, amounts to an offence under the LiquorbAct.

Also consider...

• Read the Criminal Code Act 1899.
• Read the Charitable and Non-Profit Gaming Act 1999.
• Read the Gaming Machine Act 1991.
• Read the Liquor Act 1992.