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Poker tournaments and the rules  

08/04/24

Poker tournaments and the rules  

The playing of poker in a public place is deemed unlawful unless the way in which the poker tournament is conducted falls within one of the exceptions to this general rule as set out in the Gaming Offences Act 1936. A public place includes licensed premises.

To fall within one of the exceptions to the general rule, the poker tournament must be either:

  1. poker where no participant in the game could, as a result of playing or engaging, win any money or other prize, or
  2. a general poker tournament or a trade promotion tournament that is conducted in accordance with the rules for whichever type of tournament is being run (see Gaming Offences Regulations 2021).

General Poker Tournament

A general poker tournament is one where:

  1. if players need to pay a fee to enter, all players must pay the same fee;
  2. all players must be provided with the same number and value of chips on commencement and no additional chips may be provided other than by winning the chips during the tournament;
  3. the tournament rules must be available to participants at all times;
  4. the prizes must be determined prior to commencement of the tournament and specified in the rules; and
  5. prizes are to be based on either:
    • the highest value of poker chips (for determining first, second third place etc); or
    • if the rules allow for a process of elimination, first prize is awarded to the last person standing, second prize to the person eliminated immediately prior and so on.

Trade Promotion Tournament

A trade promotion tournament is one where:

  1. if players need to pay a fee to enter, the fee must not exceed $50.00 and each player must pay the same fee;
  2. all fees must be used in the payment of prizes;
  3. all players must be provided with the same number and value of chips on commencement;
  4. a player may be supplied with additional chips not exceeding 20% of the value of the initial chips provided either:
    • in exchange for purchasing food or beverages at the venue, or
    • as an early entry bonus if the player indicates they will participate in the tournament earlier than the date of the tournament;
  5. the tournament rules must be available to participants at all times;
  6. the rules may allow eliminated players to re-enter the tournament provided no additional fee is payable and the value of the chips provided does not exceed the value given on commencement;
  7. the prizes must be determined prior to commencement of the tournament and specified in the rules; and
  8. prizes are to be based on either:
    • the highest value of poker chips (for determining first, second third place etc); or
    • if the rules allow for a process of elimination, first prize is awarded to the last person standing, second prize to the person eliminated immediately prior and so on.

If a poker tournament is not being run lawfully, the person who occupies or has control of the place where the unlawful gaming has been conducted will be guilty of an offence. This would likely include the directors and office holders in any lessee entity (or the owner of the land where that entity or person also operates the business and holds the licences).

A conviction for unlawful gaming is also a proper cause for taking disciplinary action under the Liquor Licensing Act 1997.

Members who are allowing poker tournaments to be conducted on their premises should review how the tournaments are being run to ensure they fall within one of the types of tournaments permitted under the Gaming Offences Act 1936, and contact Sarah or Didier if they have any queries in relation to poker tournaments.

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