Unlawful Games (Amendment) Act 1991 (ACT)

In the Australian Capital Territory, the government brought a case against a club for playing the game of two-up on Anzac Day, in contravention of the Unlawful Games Act 1984. The club argued that the game was not unlawful because it was played on Anzac Day and for charitable purposes. The matter was heard in the Supreme Court of the Australian Capital Territory. The legal issues that the court had to decide were whether the game of two-up played on Anzac Day by the club was lawful under the amended Unlawful Games Act 1991 and whether the club had complied with the requirements of section 6A of the Act.

The court found that the game of two-up played by the club on Anzac Day was not unlawful as it met the conditions of section 6A(2) of the Act. The court held that the club was authorised to play the game and that all payments or benefits involved were authorised to be disposed of for the benefit of a charitable purpose or a community organisation and were not to form part of the funds of the club. The court also found that the club had complied with any other prescribed requirements of the Act. The court held that the club was not guilty of an offence under section 6 of the Act as it was not proved that the participant knew or could reasonably be expected to have known or suspected that the game was unlawful.

The court ordered that the charges against the club be dismissed.