Why Is Two-up Illegal Except on ANZAC Day?
Two-up is an Australian gambling game which is illegal except on ANZAC Day. Amendments to laws throughout Australia in the 1980s created this exception to honour Australian soldiers who played the game during World War 1.
The game is usually classified as illegal as it falls into a category of unregulated gambling.
What is Two-up?
Two-up is an Australian gambling game which where a “spinner” throws two coins into the air. The game is synonymous with ANZAC day because it was played by Australian soldiers during the World War 1.
Two-Up Rules
The rules of two up are that the ‘spinner’ flips two coins simultaneously and onlookers bet on the outcome. The bets can be whether both coins will land heads up, both tails up, or with one coin a head and the other a tail. The Spinner will usually make a call with someone in the crowd which starts the betting.
Why is Playing Two-up Illegal?
Two up is illegal in Australia because gambling has strict legal regulations to limit the harmful effects of illegal gambling.
Section 14 of the Unlawful Gambling Act 1998 makes it a criminal offence to gamble on two-up. The only exceptions are on ANZAC day, 15 August or 11 November (but only after 12noon) pursuant to Section 4A of the Gambling (Two-up) Act 1998.
The maximum penalty for illegally playing two-up game is 50 penalty units ($5,500) and/or imprisonment for 12 months.
Can Two-up be Played on Anzac Day?
Two-up can be played on ANZAC day because it is seen as honouring the Australian soldiers who fought during World War 1. This exception is contained in Section 14 of the Unlawful Gambling Act 1998.
If two-up is being played on ANZAC day, the following restrictions apply:
- there cannot be any payment for entry into the premises on which the game is to be conducted (unless it is a registered club and the payment is not for the club),
- there cannot be any payment to participate in the game (other than bets)
- there cannot be any commission on bets or winnings.
Can Minors Play Two-Up on Anzac Day?
Minors cannot play two-up on ANZAC day. The maximum penalty for this is $5,500 and/or imprisonment for 12 months.
It is a defence if documentary evidence (eg. Drivers licence or proof of age card) is presented prior to the bet being placed that could reasonably be accepted as applying to the person and proving that the person is at least 18 years old.
If you are charged with any offence you should contact experienced criminal lawyers who can advise you of any possible defences and how best to deal with the charges.