Casino (Electronic Gaming) Regulation 2018 (ACT)

Case

Casino (Electronic Gaming) Regulation 2018

Subordinate Law SL2018-8

made under the

Casino (Electronic Gaming) Act 2017

Contents

Page

Part 1      Preliminary

1            Name of regulation  3

2            Dictionary  3

3            Notes  3

Part 2      Social impact assessments

4            Definitions—pt 2  3

5            Requirements for social impact assessment—Act, s 8 (2) (a)               4

6            Matters to be addressed by social impact assessment—Act, s 8 (2) (b)    5

7           Information to be given in social impact assessment—Act, s 8 (2) (c)       6

Part 3      Miscellaneous

8            Not casino gaming machines—Act, dict, def casino gaming machine, par (b)   8

Dictionary9

Part 1Preliminary

  1. Name of regulation

    This regulation is the Casino (Electronic Gaming) Regulation 2018.

  2. Dictionary

    The dictionary at the end of this regulation is part of this regulation.

    Note 1The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation.

    For example, the signpost definition ‘local community, for part 2 (Social impact assessments)—see section 4.’ means that the term ‘local community’ is defined in that section for part 2.

    Note 2A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

  3. Notes

    A note included in this regulation is explanatory and is not part of this regulation.

    NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2Social impact assessments

  1. Definitions—pt 2

    In this part:

    casino electronic gaming proposal, for a social impact assessment—see section 5 (2).

    local community, for a social impact assessment, means the community within 3km of the casino.

    relevant casino electronic gaming application means an application for—

    (a)a casino gaming machine authorisation certificate; or

    (b)a casino FATG authorisation certificate.

  2. Requirements for social impact assessment—Act, s 8 (2) (a)

    (1)A social impact assessment for a relevant casino electronic gaming application must satisfy the requirements of this section.

    (2)The assessment must provide an objective analysis of the likely economic and social impact of the operation of casino gaming machines or casino FATG terminals under the proposed authorisation certificate (the casino electronic gaming proposal).

    (3)The assessment must identify, and provide an analysis of, the positive aspects or benefits of the casino electronic gaming proposal as well as the negative aspects or detriments of the proposal.

    (4)All statements or material included in the assessment must be—

    (a)objective rather than subjective or speculative; and

    (b)based on identifiable factual information.

    (5)The sources of the information must be clearly and specifically identified.

    Examples—sources of information

    ·     an Australian Bureau of Statistics publication

    ·     a commission report

    NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (6)The assessment must identify—

    (a)the entities and institutions (the affected entities and institutions) in both the local community and the broader Canberra community that may be affected by the casino electronic gaming proposal; and

    (b)on a map of the local community included in the assessment, the location of affected entities and institutions in the local community; and

    (c)the likely impact (both positive and negative) on affected entities and institutions in both the local community and the broader Canberra community.

    Examples—affected entities and institutions

    ·     nearby residences, shops and other business

    ·     other gambling venues

    ·     schools

    ·     sporting and community facilities

    ·     places of worship

  3. Matters to be addressed by social impact assessment—Act, s 8 (2) (b)

    (1)A social impact assessment for a relevant casino electronic gaming application must address the following matters:

    (a)the existing level of gaming activity currently being conducted in the local community and the broader Canberra community;

    (b)the population profile of people living in the local community and the broader Canberra community, including an analysis of—

    (i)age and average income; and

    (ii)projected population, and projected growth rate, of the local community and the broader Canberra community;

    (c)available relevant information about patrons in relation to the relevant premises;

    Examples—relevant information

    ·where patrons live

    ·spending patterns of patrons

    ·time spent at the premises by patrons

    ·current and anticipated patronage

    NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (d)the positive aspects or benefits of the casino electronic gaming proposal for—

    (i)the local community; and

    (ii)the broader Canberra community;

    (e)the negative aspects or detriments of the casino electronic gaming proposal for—

    (i)the local community; and

    (ii)the broader Canberra community;

    (f)the gambling harm minimisation measures proposed to be taken in relation to the casino electronic gaming proposal;

    (g)the likely overall net economic and social impact of the casino electronic gaming proposal.

    (2)This section does not limit the matters that may be addressed.

  4. Information to be given in social impact assessment—Act, s 8 (2) (c)

    (1)To the extent that the information is available to the applicant, the following information must be given in a social impact assessment for a relevant casino electronic gaming application:

    (a)the number and location of existing gambling outlets in the local community and the broader Canberra community;

    (b)details of the population of the local community and the broader Canberra community, including the number of adults and average incomes;

    (c)expected casino gaming machine revenue or casino FATG terminal revenue of the applicant for the next 3 years if the application is approved;

    (d)expected table gaming revenue of the applicant for the next 3 years if the application is approved;

    (e)expected community benefit for the next 3 years if the application is approved;

    (f)expected contributions to assist in gambling harm prevention for the next 3 years if the application is approved;

    (g)details of the proposed redevelopment of the casino and the casino precinct.

    (2)This section does not limit the information that may be given in a social impact assessment.

Part 3Miscellaneous

  1. Not casino gaming machines—Act, dict, def casino gaming machine, par (b)

    Each of the following devices is not a casino gaming machine:

    (a)a device for playing a game of skill only;

    (b)an amusement device that usually involves an element of skill and is played for entertainment only;

    Example

    a pinball machine

    NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (c)a device that—

    (i)is ordinarily found at fairs, fetes or shows; and

    (ii)usually involves an element of skill; and

    (iii)is played mainly for entertainment, whether or not a prize is offered or given.

    Example—par (c)

    ‘laughing clowns’ amusement machine


Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2For example, the Legislation Act, dict, pt 1 defines the following terms:

·     ACT

· Legislation Act

·     may (see s 146)

·     must (see s 146)

·     penalty unit (see s 133)

·     public notice

·     under.

Note 3Terms used in this regulation have the same meaning that they have in the Casino (Electronic Gaming) Act 2017 (see Legislation Act, s 148). For example, the following terms are defined in the Casino (Electronic Gaming) Act 2017, dict:

·     authorisation

·     authorisation certificate

·     casino FATG authorisation certificate

·     casino FATG terminal

·     casino FATG terminal authorisation

·     casino gaming machine

·     casino gaming machine authorisation

·     casino gaming machine authorisation certificate

·     FATG

·     FATG terminal

·     social impact statement (see s 8).

casino electronic gaming proposal, for a social impact assessment, for part 2 (Social impact assessments)—see section 5 (2).

local community, for a social impact assessment, for part 2 (Social impact assessments)—see section 4.

relevant casino electronic gaming application, for part 2 (Social impact assessments)—see section 4.

Endnotes

  1. Making of regulations

    This regulation was made as part of the Casino and Other Gaming Legislation Amendment Act 2018 (see A2018-21, s 23) and is taken to have been made under the Casino (Electronic Gaming) Act 2017 A2017-42 (see s 54A (1) as ins by A2018-21, s 21).

  2. Republications of amended laws

    For the latest republication of amended laws, see align="center">© Australian Capital Territory 2018

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