We here at FindLaw will celebrate the upcoming five day Easter and Anzac Day weekend with gusto. What’s not to love? Chocolate bunnies and hot cross buns for Easter, then two-up for Anzac Day. Huzzah! Any Australians who’ll make it to any club or RSL on Anzac Day, will probably see, or participate in a game of two-up. Some readers might be asking: ‘why are games of two-up allowed on Anzac Day?’ Well, if you aren’t, we’re going to answer that question for you regardless.
Two-up laws explained
Anzac Day is the one day of the year where two-up is legal in Victoria, while in New South Wales, two-up can be played on not only Anzac day, but any other designated commemorative days. In contrast, people in Queensland who are participating in games of two-up any time of the year will be breaking the law.
The Gambling (Two-Up) Act in New South Wales and Victoria’s s 2.3.2 Gambling Regulation Act allows two-up to be played on Anzac Day if certain conditions are met.
In New South Wales, the Gambling (Two-up) Act requires that games are played on a not for profit basis, or in the case of a club: no entrance fee to a premises that is holding a two-up game is allowed. Furthermore, clubs that host games of two-up must donate all proceeds to a charity, or a charitable cause.
Section 9 of the Gambling (Two-Up) Act has special provisions allowing certain areas in Broken Hill to hold games if it is council run, or the council has approved a venue for games to be held. Broken Hill has special exemption due to the fact that popular games of two-up were conducted in a café until it was forced to stop running games in 1984. The Gambling (Two-Up) Act was amended in 1992 to allow Broken Hill to re-introduce two-up, provided certain requirements were met. New South Wales also allows two-up to be played on the Victory of the Pacific Day (15 August) and Remembrance Day after 12 pm.
In Victoria, the local RSL club and venues approved by the Minister for Gaming are the only places where two-up may be played.
Defences for participating in an illegal two-up game
Anyone who participates in an illegal two-up game has a defence if they did not know the game was illegal.
For any readers (besides those in Queensland) who are out and about on Anzac Day where a game of two-up is being played, we wish you the best of luck and ‘come in spinner’.
