Casino Control Regulations 2023 (Vic)
Version No. 002
Casino Control Regulations 2023
S.R. No. 119/2023
Version as at
14 December 2023
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provision
3Commencement
4Definitions
Part 2—Corporate ownership and governance
5Independent board—prescribed functions of casino operator or directors
6Independent senior management—prescribed periods and prescribed categories
Part 3—Pre-commitment, cashless gaming and carded play
Division 1—Mandatory pre-commitment
7Requirements for setting limits for mandatory pre‑commitment
8Consequences of person reaching limits
9Determining whether a person is ordinarily resident in Australia
Division 2—Cashless gaming
10Cashless gaming requirements
11Identity verification for payment of winnings
Division 3—Carded play and identification
12Identity verification for issue of player cards
13Identify verification for re-issue of player cards
14Requirements and specifications for player cards
15Requirements and specifications—commencing 14 December 2023 and ending 1 December 2025
16Requirements and specifications for player cards—commencing 1 November 2024
17Requirements and specifications for player cards—commencing 1 December 2025
18Storage and access of photographs on player cards
19Access, use and disclosure of player card information
20Player cards—further requirements
21Information and requirements for player activity statements
22Information and requirements for player activity statements—commencing 1 December 2025
Division 4—Identity verification policy and related offences
23Identity verification policy
24Changes to identity verification policy
25Information collected for the purpose of identity verification
Part 4—Exclusion orders
26Treatment of accounts and loyalty scheme when person is subject to voluntary exclusion order
27Offences by casino operator
28Application for voluntary exclusion order
29Revocation of voluntary exclusion order
30Casino operator to provide information and display signs regarding exclusion orders
Part 5—Transitional arrangements
31Approval of first identity verification policy
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 002
Casino Control Regulations 2023
S.R. No. 119/2023
Version as at
14 December 2023
PART 1—PRELIMINARY
1Objectives
The objectives of these Regulations are to prescribe for the purposes of the Casino Control Act 1991—
(a)matters relating to the corporate governance of a casino operator; and
(b)requirements and specifications for player cards used for carded play; and
(c)requirements for player activity statements; and
(d)requirements for the setting of pre‑commitment limits; and
(e)requirements relating to the conduct of gaming using non-cash gaming tokens in a casino; and
(f)requirements for the identification of players at a casino; and
(g)requirements for the exclusion of players from a casino.
2Authorising provision
These Regulations are made under section 167 of the Casino Control Act 1991.
3Commencement
(1)These Regulations (except Parts 2, 3, and 4) come into operation on 28 November 2023.
(2)Parts 2, 3 and 4 come into operation on 14 December 2023.
4Definitions
In these Regulations—
Australian Government Entity has the same meaning as in Part 1.2 of the Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No. 1) made under section 229 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth;
cashless gaming system means the system that administers cashless gaming accounts;
cashless gaming terminal means a device (other than a gaming machine) that a person can use to—
(a)increase the value of a non-cash gaming token; or
(b)redeem any of the value of a non-cash gaming token; or
(c)obtain a non-cash gaming token;
Easy Read format means a brochure or sign that—
(a)combines text with layout and imagery to simplify and explain information; and
(b)is accessible for people with low literacy, including the use of simple language where possible;
gambling has the same meaning as in section 1.3AA of the Gambling Regulation Act 2003;
non-regulatory purpose—
(a)means any purpose which is not required for a casino operator to meet its legal and regulatory responsibilities under the Act or any other Act; and
(b)includes any of the following—
(i)advertising;
(ii)direct marketing;
(iii)the provision of a loyalty program;
personal information has the same meaning as in the Privacy Act 1988 of the Commonwealth;
pre-commitment system has the same meaning as in section 3.8A.1 of the Gambling Regulation Act 2003;
the Act means the Casino Control Act 1991;
voluntary exclusion order means an exclusion order on the voluntary application of a person under section 72(2A) of the Act.
PART 2—CORPORATE OWNERSHIP AND GOVERNANCE
5Independent board—prescribed functions of casino operator or directors
(1)For the purposes of section 36ZB(2) of the Act, the prescribed functions are the functions of a casino operator relating to the independent and effective oversight of the governance, policies, systems, management and strategic direction of a casino operator with respect to the following—
(a)accounting and financial management;
(b)internal and external audit and risk management;
(c)legal and regulatory compliance and reporting;
(d)security and surveillance;
(e)responsible service of gambling;
(f)harm minimisation and prevention;
(g)anti-money laundering;
(h)international, VIP and premium player business;
(i)gambling product, strategy, innovation and loyalty programs;
(j)staff training and development;
(k)information technology;
(l)people, culture, integrity and senior executive appointment and remuneration.
(2)For the purposes of subregulation (1)(l), senior executive appointment and remuneration means the appointment and remuneration of a senior executive belonging to a category of senior executive prescribed by regulation 6(b).
6Independent senior management—prescribed periods and prescribed categories
(1)For the purposes of section 36ZC(a) of the Act—
(a)the prescribed period is 14 December 2023 until the day these Regulations are revoked;
(b)the prescribed categories of senior executives are the following—
(i)Chief executive officer (however described);
(ii)Chief financial officer (however described);
(iii)Chief operating officer (however described);
(iv)Head of gambling (however described);
(v)Head of harm minimisation and prevention (however described);
(vi)Head of international and domestic VIP business (however described);
(vii)Head of risk management (however described);
(viii)Head of compliance (however described);
(ix)Head of security (however described);
(x)Head of surveillance (however described).
(2)One or more persons may be employed or appointed in accordance with section 36ZC of the Act as a senior executive in the prescribed categories.
PART 3—PRE-COMMITMENT, CASHLESS GAMING AND CARDED PLAY
Division 1—Mandatory pre-commitment
7Requirements for setting limits for mandatory pre‑commitment
For the purposes of section 62C(2)(b) of the Act, a person must set a time limit and net loss limit in accordance with the instructions given by the pre‑commitment system before playing a gaming machine at a casino.
8Consequences of person reaching limits
(1)A casino operator must ensure that when a person reaches a limit under the pre-commitment system the person is no longer able to play a gaming machine at a casino until a new limit period commences.
Penalty:20 penalty units.
(2)A casino operator must ensure that a person who reaches a limit under the pre-commitment system can use a non-cash gaming token to withdraw their funds.
Penalty:20 penalty units.
9Determining whether a person is ordinarily resident in Australia
(1)For the purposes of section 62C(2) of the Act, a casino operator must treat a person as ordinarily resident in Australia unless the operator can confirm that the person is not ordinarily resident in Australia.
(2)A casino operator must record the primary country of residence of all persons to whom a player card is issued.
(3)If at any time a casino operator suspects that a person who is not recorded as ordinarily resident in Australia is in fact ordinarily resident in Australia, the operator must take further steps to confirm the residency status of that person.
(4)For the purpose of subregulation (3), if a passport is written in a language that is not understood by the person carrying out the verification, the casino operator may request an English language translation prepared by an accredited translator.
Division 2—Cashless gaming
10Cashless gaming requirements
(1)For the purposes of section 64A(2) of the Act, the following requirements are prescribed—
(a)there is a minimum period of 15 minutes from the time that a person deposits money into their cashless gaming account until the money is credited to the account and available to be accessed by the person for gambling; and
(b)a person must be able to cancel a deposit during the period referred to in paragraph (a) and the procedure for doing so must be no less easy than the procedure for making the deposit; and
(c)each cashless gaming terminal at a casino must not be located within 2 metres walking distance of a gaming machine that is available for gaming.
(2)Subregulation (1)(a) does not apply to deposits made into a cashless gaming account by way of cash, chips or non-cash gaming tokens.
(3)Section 43 of the Interpretation of Legislation Act 1984 does not apply to the measurement of any distance for the purposes of subregulation (1)(c).
11Identity verification for payment of winnings
(1)Before paying out any winnings or accumulated credits exceeding $1000 to a person from playing games in a casino, a casino operator must verify the person's identity in accordance with the requirements set out in subregulations (2) and (3).
(2)A casino operator must sight photographic identification which displays the person's—
(a)full name; and
(b)either—
(i)date of birth; or
(ii)residential address.
(3)A casino operator must be reasonably satisfied that the information and photograph on the identification—
(a)belongs to the person; and
(b)matches the information on the person's player card.
(4)For the purposes of this regulation, the only acceptable forms of identification that may be used are—
(a)a document issued by an Australian Government Entity; or
(b)a passport issued for the purpose of international travel.
Division 3—Carded play and identification
12Identity verification for issue of player cards
(1)For the purposes of section 71B(1) of the Act, a casino operator must verify a person's identity in accordance with subregulations (2) to (10).
(2)A casino operator has verified a person's identity if the operator has taken reasonable steps to confirm a person's identity in accordance with subregulations (3) to (10) and is reasonably satisfied that the person is who they claim to be.
(3)A casino operator must collect a person's—
(a)full name; and
(b)date of birth; and
(c)residential address.
(4)A casino operator must verify a person's—
(a)full name; and
(b)either—
(i)date of birth; or
(ii)residential address.
(5)For the purposes of subregulation (4), the only acceptable forms of identification that may be used are—
(a)a document issued by an Australian Government Entity; or
(b)a passport issued for the purpose of international travel.
(6)A casino operator must sight, in person—
(a)at least one form of identification of a kind referred to in subregulation (5); and
(b)at least one form of photographic identification.
(7)The documents referred to in subregulation (6)(a) and (b) may be the same document.
(8)A casino operator must take all reasonable steps to confirm the validity of the identification documents presented by a person.
(9)If at any time a casino operator is not able to verify a person's identity, or forms any reasonable doubt about the veracity of a person's identity, the casino operator must request further information or conduct additional checks to be satisfied that the person is who they say they are.
(10)Without limiting subregulation (9), the casino operator may—
(a)seek information from the person or from third party sources in order to clarify or update information already collected from the person; and
(b)verify or re-verify identification information; and
(c)if a passport is written in a language that is not understood by the person carrying out the verification, request an English language translation prepared by an accredited translator.
13Identify verification for re-issue of player cards
(1)Despite regulation 12, a casino operator may replace or re-issue a player card within 5 years of issuing the player card by verifying a person's identity in accordance with subregulation (2).
(2)A casino operator may verify a person's identity to replace or re-issue a player card in one of the following ways—
(a)by the person interacting with a casino staff member if—
(i)the person produces photographic identification of a kind referred to in regulation 11(2); and
(ii)the casino operator has a carded play account linked to the person which includes—
(A)a photograph of the person in accordance with regulation 18; and
(B)the information referred to in regulation 12(3); and
(iii)the photograph and information on the photographic identification produced under subparagraph (i)—
(A)belong to the person; and
(B)match the information included in the account referred to in subparagraph (ii);
(b)without interaction between the person and a casino staff member if—
(i)the casino operator has a carded play account linked to the person which includes—
(A)a photograph of the person in accordance with regulation 18; and
(B)the information referred to in regulation 12(3); and
(ii)the person accesses the account referred to in subparagraph (i) using multi‑factor authentication.
(3)In this regulation—
carded play account means an account established by a casino operator to facilitate carded play in the casino, which may also facilitate a player's participation in a loyalty scheme;
multi-factor authentication means a security measure that requires 2 or more proofs of identity to grant access.
14Requirements and specifications for player cards
(1)For the purposes of section 71C(1) of the Act, the prescribed requirements and specifications are those set out in subregulations (2) to (4) and regulations 15(1), 16(1) and 17(1).
(2)A player card in use in a casino must be a registered player card within the meaning of the Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014[1].
(3)A player card issued by a casino operator on and after 14 December 2023 must include a photograph, which complies with subregulation (4), of the person to whom the card is issued.
(4)The photograph of a person on a player card—
(a)must include the person's full head; and
(b)must be in focus with the person facing square and looking at the camera; and
(c)must be taken without red eye; and
(d)must be at least 20mm wide and 20mm high; and
(e)may be in colour or black and white; and
(f)may include a hat, head covering, eye patch, prosthetics or similar, if the person is wearing these items for religious or medical reasons.
(5)A casino operator must not charge a fee for issuing or re-issuing a player card in order to comply with this regulation.
15Requirements and specifications—commencing 14 December 2023 and ending 1 December 2025
(1)On and after 14 December 2023 and until 1 December 2025, a player card in use in a casino must be capable of recording—
(a)the following sessional data from a person's playing of gaming machines at the casino—
(i)the periods during which the player played gaming machines at the casino including the date, start time and end time;
(ii)the player's turnover during each period that the player played gaming machines at the casino;
(iii)the player's losses and wins during each period that the player played gaming machines at the casino; and
(b)any other information that the Commission reasonably requires, by written notice given to the casino operator, for the purposes of—
(i)preventing and minimising gambling harm; or
(ii)preventing or reporting on money laundering; or
(iii)carrying out investigations of the casino operations; or
(iv)ensuring the casino operator is complying with the operator's obligations in relation to the responsible service of gambling or monitoring or preventing criminal activity.
(2)A casino operator must retain any information or data collected by a player card in accordance with this regulation for 7 years.
(3)A casino operator must not charge a fee for issuing or re-issuing a player card in order to comply with this regulation.
16Requirements and specifications for player cards—commencing 1 November 2024
(1)On and after 1 November 2024, all player cards in use in a casino must include a photograph, which complies with regulation 14(4), of the person to whom the card is issued.
(2)A casino operator must not charge a fee for issuing or re-issuing a player card in order to comply with this regulation.
17Requirements and specifications for player cards—commencing 1 December 2025
(1)On and after 1 December 2025, a player card in use in a casino must be capable of recording—
(a)the following sessional data from a person's playing of gaming machines at the casino—
(i)the periods during which the player played gaming machines at the casino including the date, start time and end time;
(ii)the player's credit in and credit out time and amounts for each period that the player played gaming machines at the casino;
(iii)the player's turnover during each period that the player played gaming machines at the casino;
(iv)the player's losses and wins during each period that the player played gaming machines at the casino;
(v)the amount of loyalty credits redeemed during each period that the player played gaming machines at the casino;
(vi)the amount of any inducement or other credit redeemed during each period that the player played gaming machines at the casino; and
(b)the following transactional data from a person's playing of gaming machines at the casino—
(i)the amount of cash that a player inserts into a gaming machine, provides to a casino staff member or inserts by a cashless gaming terminal or other method for the purposes of playing a gaming machine;
(ii)the amount of cash paid out as winnings to the player; and
(c)any other information that the Commission reasonably requires, by written notice given to the casino operator, for the purposes of—
(i)preventing and minimising gambling harm; or
(ii)preventing or reporting on money laundering; or
(iii)carrying out investigations of the casino operations; or
(iv)ensuring the casino operator is complying with the operator's obligations in relation to the responsible service of gambling or monitoring or preventing criminal activity.
(2)A casino operator must retain any information or data collected by a player card in accordance with this regulation for 7 years.
(3)A casino operator must not charge a fee for issuing or re-issuing a player card in order to comply with this regulation.
18Storage and access of photographs on player cards
(1)A casino operator must ensure that a copy of a photograph of a person included on a player card is stored in electronic form.
(2)A casino operator must ensure that the electronic copy of the photograph—
(a)is clear and in colour; and
(b)displays on a screen visible by a casino employee when the employee scans the player card or otherwise facilitates a transaction for the person to whom the card is issued, including—
(i)payment of winnings; and
(ii)reprinting a player card; and
(iii)identification to ensure that the person using the player card is the person to whom the card is issued; and
(c)is readily accessible to a casino employee or an inspector for regulatory purposes.
19Access, use and disclosure of player card information
(1)Subject to subregulation (2), a casino operator must not access, use or disclose, or allow another person to access, use or disclose, any information or data collected by a player card for a non‑regulatory purpose.
Penalty:20 penalty units.
(2)A casino operator may access, use or disclose, or allow another person to access, use or disclose, information or data collected by a player card for the purpose of carrying out a loyalty scheme if the casino operator first obtains the express consent of the person to whom the card is issued.
20Player cards—further requirements
(1)This regulation applies on and after section 71C(1) of the Act applies.
(2)A casino operator must take reasonable steps to prevent a person having more than one active player card.
Penalty:20 penalty units.
(3)A casino operator must take reasonable steps to prevent a person from gambling with a player card that is not issued to that person.
Penalty:20 penalty units.
(4)A casino operator must ensure that a player card specifies the legal name of the person to whom the player card is issued.
Penalty:20 penalty units.
(5)A casino operator must not link a player card to an account within the pre-commitment system unless the account is in the legal name of the person to whom the player card is issued.
Penalty:20 penalty units.
(6)In this regulation—
legal name, in relation to a person, means the name that appears on a form of identification issued to that person by an Australian Government Entity or on a passport issued for the purpose of international travel.
21Information and requirements for player activity statements
(1)For the purposes of section 71E(2) of the Act, a casino operator must provide each active player with player activity statements in accordance with the following requirements—
(a)a player activity statement must be in a form approved by the Commission;
(b)a player activity statement must be provided to each active player within 7 days after the end of each calendar month;
(c)if an active player requests a player activity statement in respect of the previous calendar month, a casino operator must provide the statement to the player within 7 days after the request;
(d)a player activity statement must contain any additional information specified by the Commission;
(e)a casino operator—
(i)must offer an active player the choice to receive a player activity statement by post, email or in the casino; and
(ii)may offer an active player the choice to receive a player activity statement by any other method.
(2)For the purposes of subregulation (1)(a), the Commission must not unreasonably refuse to approve a form of player activity statement.
(3)A player activity statement must include the following information on gaming activity and cashless gaming account transactions collected by the player card and cashless gaming system—
(a)the amount spent in dollars and cents by the player during the statement period;
(b)the amount won and lost in dollars and cents by the player during the statement period;
(c)the amount of loyalty credits or any other inducement redeemed through the playing of games at a casino during the statement period;
(d)the total time spent by the player at gaming machines and table games at a casino during the statement period;
(e)the total number of spins or bets in the statement period;
(f)the overall net win or loss for the statement period;
(g)the overall net win or loss for 6 calendar months prior to the statement period.
(4)If a player activity statement is provided by post, fax, email or other electronic communication, the statement must include—
(a)a column graph comparing amount spent against net result on a monthly basis for the previous 6 months, including months of no play; and
(b)a column graph comparing amount spent against net result for the calendar month to which the statement relates and the corresponding month in the previous calendar year.
(5)A player activity statement must include—
(a)a daily summary that specifies, for each day of the statement period, for all activities for which a player card was used—
(i)the amount spent by the player in dollars and cents; and
(ii)the amount won and lost by the player in dollars and cents; and
(iii)the total time spent by the player at gaming machines in hours and minutes; and
(iv)the total time spent by the player at table games at the casino in hours and minutes; or
(b)a link or contact details that enable an active player to access or request a daily summary that specifies the information referred to in paragraph (a)(i) to (iv) for each day of the statement period.
(6)If a player activity statement is sent by email, a casino operator must ensure that—
(a)the statement is included as an attachment to the email or that the email includes a direct link to open the statement; and
(b)the person is not required to complete additional security checks to open the statement.
Example
Requiring the person to enter a password.
(7)All information in a player activity statement about a person's gambling activity must be collected by the player card or cashless gaming system.
(8)If an active player chooses to receive a player activity statement in the casino operated by the Melbourne Casino Operator, it is sufficient compliance with subregulation (1)(e)(i) for the statement to be provided to the player anywhere within the casino complex.
(9)A casino operator must ensure that it collects the information required to comply with this regulation.
22Information and requirements for player activity statements—commencing 1 December 2025
(1)On and after 1 December 2025, a casino operator must take all reasonable steps to ensure that a player activity statement includes the following information on gaming activity and cashless gaming account transactions collected by the player card and cashless gaming system—
(a)the opening and closing balance of the person's cashless gaming account for the statement period (if applicable);
(b)any deposits and withdrawals into the cashless gaming account made by the player, including by way of cash, during the statement period;
(c)the account balance of the person's cashless gaming account at the end of the statement period.
(2)On and after 1 December 2025, all player activity statements, including those provided in person at a casino, must include—
(a)a column graph comparing amount spent against net result on a monthly basis for the previous 6 months, including months of no play; and
(b)a column graph comparing amount spent against net result for the calendar month to which the statement relates and the corresponding month in the previous calendar year.
(3)The requirements in this regulation apply in addition to the requirements set out in regulation 21.
Division 4—Identity verification policy and related offences
23Identity verification policy
(1)A casino operator must have an identity verification policy that is approved by the Commission.
Penalty:20 penalty units.
(2)A casino operator must ensure that the casino operator and all casino employees comply with the identity verification policy.
Penalty:20 penalty units.
(3)The identity verification policy must outline how a casino operator will meet its obligations under regulations 9, 11, 12, 13, 20 and 24, including—
(a)what forms of identification the operator will accept; and
(b)what reasonable steps the operator will take to verify a person's identity; and
(c)what reasonable steps the operator will take to confirm the validity of identification documents presented by a person; and
(d)what reasonable steps the operator will take to determine whether a person is ordinarily resident in Australia; and
(e)risk-based guidance to inform when and how further checks are to be conducted for the purposes of regulations 9(3) and 12(9); and
(f)what reasonable steps the operator will take to prevent access, use and disclosure of information collected for the purpose of identity verification for non-regulatory purposes.
(4)The identity verification policy must outline the training that will be given to casino employees to assist with identity verification.
(5)The identity verification training must include a component on recognising security features in passports.
(6)The identity verification policy must outline how the casino operator will deal with winnings and accumulated credits if the casino operator cannot verify a person's identity in accordance with regulation 11.
(7)Any changes to the identity verification policy must be approved by the Commission in accordance with regulation 24.
24Changes to identity verification policy
(1)A casino operator may request changes to an identity verification policy.
(2)The request must be made to the Commission in writing.
(3)The Commission, within 14 days after receiving the request, must—
(a)approve the changes to the identity verification policy; or
(b)refuse to approve the changes to the identity verification policy.
(4)In determining whether to approve the identity verification policy, the Commission must have regard to—
(a)the effectiveness of the policy in preventing gambling-related harm, money laundering and other criminal activity; and
(b)the effect of the policy on a person's experience at the casino, including the time it will take to verify a person's identity; and
(c)whether the casino operator has the current technological capability to conduct identify verification; and
(d)whether the policy will impose a significant economic burden on the casino operator, having regard to the likely administration and compliance costs of implementing the policy; and
(e)whether the policy will impose a significant social burden on the public; and
(f)whether the policy is compliant with these Regulations and any other requirements under the Act, the Gambling Regulation Act 2003 or any other Act.
(5)On making a decision under subregulation (3), the Commission must notify the casino operator of the decision and, if the Commission has refused to approve a change to the identity verification policy, provide reasons for the decision.
25Information collected for the purpose of identity verification
(1)A casino operator must not access, use or disclose, or allow another person to access, use or disclose, any information collected by the casino operator for the purposes of verifying a person's identity in accordance with these Regulations for any non‑regulatory purpose.
Penalty:20 penalty units.
(2)A casino employee must not access, use or disclose information collected for the purposes of verifying a person's identity in accordance with these Regulations, unless—
(a)the employee is authorised to do so by the casino operator; and
(b)access to, or use or disclosure of, the information is necessary for the casino operator to comply with the operator's legal and regulatory obligations under the Act or any other Act.
Penalty:20 penalty units.
(3)Before collecting any personal information for the purposes of verifying a person's identity in accordance with these Regulations, a casino operator must notify a person of—
(a)any matter required to be disclosed to the person under the Privacy Act 1988 of the Commonwealth; and
(b)how long the information collected will be retained and, if it is not possible to state a specific timeframe, the basis upon which the information would be deleted or destroyed; and
(c)the person's ability to request the destruction or de-identification of their information.
(4)The matters and information referred to in subregulation (3)(a) to (c) must be—
(a)provided to a person before signing up for a player card in accordance with the Privacy Act 1988 of the Commonwealth; and
(b)displayed on signs or documents (digital or printed) at—
(i)any location where a person can sign up for a player card or collect winnings; or
(ii)the cashier; and
(c)provided to a person on request; and
(d)presented in a way that is easy to understand; and
(e)available electronically; and
(f)available in a range of languages; and
(g)available in English in an Easy Read format.
PART 4—EXCLUSION ORDERS
26Treatment of accounts and loyalty scheme when person is subject to voluntary exclusion order
If a person is subject to a voluntary exclusion order, a casino operator must ensure that, as soon as practicable after the voluntary exclusion order takes effect—
(a)all funds in that person's deposit account or cashless gaming account are remitted to the person; and
(b)if a non-cash gaming token held by that person is surrendered to the casino operator, the equivalent value of that non-cash gaming token is remitted to the person.
Penalty:20 penalty units.
27Offences by casino operator
(1)A casino operator must not discourage, hinder or obstruct a person from applying for a voluntary exclusion order.
Penalty:20 penalty units.
(2)A casino operator must not encourage or induce a person who applies for a voluntary exclusion order to request a shorter period of time for the exclusion order to operate.
Penalty:20 penalty units.
(3)A casino operator must not encourage or induce a person to apply for or accept a temporary exclusion order instead of applying for a voluntary exclusion order.
Penalty:20 penalty units.
28Application for voluntary exclusion order
(1)A casino operator must ensure that a person who wishes to apply for a voluntary exclusion order can apply—
(a)in person in the casino; or
(b)by email; or
(c)online.
(2)A casino operator must require a person who applies for a voluntary exclusion order to nominate the duration of the exclusion order being no less than 6 months.
29Revocation of voluntary exclusion order
(1)A casino operator must not revoke a voluntary exclusion order unless the casino operator has received an application, in writing, from the person subject to the order requesting that the order be revoked.
(2)A casino operator must not contact or approach a person subject to a voluntary exclusion order to advise the person that the order has expired.
(3)If a person subject to a voluntary exclusion order applies for revocation of the order prior to the expiry of the order—
(a)a casino operator must require the person to engage with gambling counselling services; and
(b)the following conditions must be met before the casino operator revokes the order—
(i)the person presents evidence to the casino operator that the person has engaged with gambling counselling services as required under paragraph (a);
(ii)the casino operator is satisfied that the person is not at significant risk of gambling harm.
(4)The revocation of a voluntary exclusion order referred to in subregulation (3) takes effect 28 days after the conditions in subregulation (3)(b) have been met.
30Casino operator to provide information and display signs regarding exclusion orders
(1)A casino operator must take reasonable steps to provide information, including contact details, about gambling counselling services to each person who enquires about, or applies for, a voluntary exclusion order.
(2)A casino operator must display a notice stating that an exclusion order under section 72 of the Act may be made on the voluntary application of a person at—
(a)each exit of the casino area; and
(b)each location where a person may seek payment of winnings.
PART 5—TRANSITIONAL ARRANGEMENTS
31Approval of first identity verification policy
(1)A casino operator must give the Commission a draft identity verification policy within 4 days after the commencement of this regulation.
(2)The Commission, within 4 days after receiving the draft identity verification policy, must—
(a)request changes to the identity verification policy; or
(b)approve the identity verification policy.
(3)In determining whether to approve the identity verification policy, the Commission must have regard to—
(a)the effectiveness of the policy in preventing gambling-related harm, money laundering and other criminal activity; and
(b)the effect of the policy on a person's experience at the casino, including the time it will take to verify a person's identity; and
(c)whether the casino operator has the current technological capability to conduct identify verification; and
(d)whether the policy will impose a significant economic burden on the casino operator, having regard to the likely administration and compliance costs of implementing the policy; and
(e)whether the policy will impose a significant social burden on the public; and
(f)whether the policy is compliant with these Regulations and any other requirements under the Act, the Gambling Regulation Act 2003 or any other Act.
(4)If the Commission requests changes to the identity verification policy under subregulation (2)(a), the casino operator, within 4 days after receiving the request, must—
(a)amend the identity verification policy in accordance with the Commission's request and submit a revised draft to the Commission; or
(b)with the written approval of the Commission, amend the identity verification policy in another way and submit a revised draft to the Commission.
(5)No later than 4 days after receiving a revised draft under subregulation (4), the Commission must approve the policy and notify the casino operator.
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Casino Control Regulations 2023, S.R. No. 119/2023 were made on 21 November 2023 by the Governor in Council under section 167 of the Casino Control Act 1991, No. 47/1991 and came into operation as follows:
Regulations 1–4, 31 on 28 November 2023: regulation 3(1); regulations 5–30 on 14 December 2023: regulation 3(2).
The Casino Control Regulations 2023 will sunset 10 years after the day of making on 21 November 2033 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Casino Control Regulations 2023 by statutory rules, subordinate instruments and Acts.
3 Explanatory details
[1] Reg. 14(2): S.R. No. 172/2014 as amended by S.R. Nos 139/2015 and 12/2017.
——
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2023 is $192.31. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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