Casino Regulations 2013 (SA)
South Australia
under the
These regulations may be cited as the
Casino Regulations 2013 .
In these regulations—
Act means theCasino Act 1997 .
For the purposes of section 40A(2) of the Act, the following jurisdictions are prescribed:
(a) New South Wales;
(b) New Zealand;
(c) Queensland;
(d) Victoria.
(3) Subject to subregulation (3a), for the purposes of section 40A(4)(b) and (6)(b)(ii) of the Act, a requirement that a gaming machine or a game to be played on a gaming machine (as the case requires) complies with the
Australian/New Zealand Gaming Machine National Standard 2016 (or any subsequent version) as modified by the relevant Appendix is prescribed.(3a) Subregulation (3) does not apply in relation to a gaming machine or a game to be played on a gaming machine (as the case requires) if—
(a) the gaming machine or game is already approved or taken to have been approved under section 40A of the Act; and
(b) it is not economically viable to modify the gaming machine or game to comply with the
Australian/New Zealand Gaming Machine National Standard 2016 (or any subsequent version) as modified by the relevant Appendix.(4) In this regulation—
relevant Appendix in relation to a version of theAustralian/New Zealand Gaming Machine National Standard means—
(a) the latest South Australian Appendix to that version; or
(b) the latest Appendix to that version of a jurisdiction referred to in regulation 4.
For the purposes of section 40D(2) of the Act, the following requirements are prescribed in relation to an approval of a facial recognition system by the Commissioner under section 40D of the Act:
(a) the system must be capable of accurately taking account of physical variances in facial features;
(b) the system must be designed to prevent unauthorised access, use and disclosure of data collected by the system;
(c) the system must be able to be operated in accordance with—
(i) technical requirements; and
(ii) security requirements; and
(iii) any other criteria,
as determined by the Commissioner.
For the purposes of section 42B(1)(d) of the Act, it is a requirement that a gaming machine or automated table game equipment be operated in connection with a pre‑commitment system that is operated by the licensee in compliance with the requirements of the Voluntary Pre‑commitment Code set out in Schedule 2.
(1) For the purposes of section 42B(3)(c) of the Act, the licensee must not provide any gaming machine or automated table game equipment that may be operated by insertion of a ticket unless the machine or equipment is operated in connection with a TITO system that complies and is operated in accordance with the requirements set out in this regulation.
(2) A TITO system must comply with the requirements of, and be operated in accordance with—
(a) until 3 December 2020—the TITO technical requirements set out in Schedule 4; and
(b) on and after 3 December 2020—the gambling administration guidelines issued under section 17 of the
Gambling Administration Act 2019 .
(3) A TITO system must not issue a ticket containing any form of promotional material or advertising.
(4) A TITO system must not allow a gaming machine to be operated by insertion of a ticket if the cash value of the ticket, when redeemed, exceeds $149.99.
(5) A TITO system may only issue a ticket with a credit value that is more than $5 000 if the issue of the ticket is manually enabled by a person authorised for that purpose by the licensee.
(6) The licensee must not allow a person to redeem the credit value of a ticket after 12 months from the date of issue of the ticket (after which time the ticket will be taken to have expired).
(7) In this regulation—
TITO system means a system that enables the insertion and issue of tickets that may be redeemed for credit or cash value for the purpose of play on a gaming machine or automated table game equipment.
(1) For the purposes of section 42D(1) of the Act, it is a requirement that data collected by an approved facial recognition system must not be used for or in connection with the following:
(a) encouraging or providing incentives to a person to gamble;
(b) customer loyalty programs;
(c) a lottery within the meaning of the
Lottery and Gaming Act 1936 or theLotteries Act 2019 ;(d) identifying a barred person in respect of premises other than the casino premises;
(e) any other purpose notified by the Commissioner to the system provider or licensee.
(2) For the purposes of section 42D(2) of the Act, the following requirements are prescribed in relation to the recording of a person's facial image by means of an approved facial recognition system:
(a) the licensee must, by notice displayed at each entrance to the casino premises, in a manner and form approved by the Commissioner, notify each person who is about to enter the casino premises that a record of the person's facial image will be made by means of the approved facial recognition system;
(b) the facial image of a person or any data recorded by the approved facial recognition system that identifies a person (other than a barred person), must not be retained by the licensee or on any system operated on or on behalf of the licensee after 72 hours of being recorded by the system.
1. | The licensee must permit a customer who wishes to do so to register with the pre‑commitment system by—
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2. | The licensee must not only offer pre‑commitment in conjunction with a loyalty system. | |||
3. | The licensee must provide a customer who applies for registration with the following information, in writing, regarding the terms and conditions of registration with the pre‑commitment system:
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4. | The licensee must obtain the customer's consent to the terms and conditions before registering a customer. | |||
5. | The licensee must record on the pre‑commitment system a registered customer's preferred—
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6. | The pre‑commitment system must allow a registered customer to—
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7. | If a registered customer does not specify an expenditure limit, the pre‑commitment system must set a default daily expenditure limit of $100 per day. | |||
8. | The pre‑commitment system must apply any variations referred to in item 6.2 as follows:
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9. | Once a varied expenditure limit is applied by the pre‑commitment system, any previous expenditure limit set by the registered customer has no effect. | |||
10. | The pre‑commitment system must comply with the following requirements:
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11. | For the purposes of item 10—
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12. | The registered customer's pre‑commitment data must be usable on the same system if that system is available on another gaming machine or automated table game (whether the machine is in the same or a different venue). | |||
13. | The licensee must communicate with a registered customer by the preferred communication method. | |||
14. | The licensee must, every 6 months, request by the registered customer's preferred communication method, that the customer confirm or vary his or her expenditure limit. | |||
15. | The licensee must provide the registered customer with a periodic activity statement every 6 months by the customer's preferred communication method. This requirement only applies if the registered customer has played a gaming machine or automated table game in the last 6 months using the pre‑commitment system. | |||
16. | The pre‑commitment system must allow the registered customer to access an on‑demand activity statement for the current session of play, the previous month of play or any period up to the previous 6 months of play. The registered customer may request an on‑demand activity statement from venue staff, online or at an automated kiosk. | |||
17. | The following information must be provided in a periodic and an on‑demand activity statement:
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18. | The periodic activity statement and on‑demand activity statement must be in the registered customer's preferred language, if available. | |||
19. | The licensee must, on the request of the Commissioner, provide to the Commissioner de‑identified information recorded by the pre‑commitment system to be used for gambling research. | |||
1—Approval of gaming machines and automated table game equipment intended to operate a TITO system
(1) For the purposes of section 40A(3)(b) and (4)(b) of the Act, a requirement that—
(a) any gaming machine that is intended to be operated in connection with a TITO system; or
(b) any automated table game equipment that is intended to be operated in connection with a TITO system,
must be able to be operated in accordance with the TITO technical requirements set out in Schedule 4 is, until 3 December 2020, prescribed.
(2) In this clause—
TITO system means a system that enables the insertion and issue of tickets that may be redeemed for credit or cash value for the purpose of play on a gaming machine or automated table game equipment.
(1) For the purposes of section 40D(2) of the Act, a requirement that a facial recognition system must be capable of operating in accordance with the notified facial recognition system requirements is, until 3 December 2020, prescribed.
(2) In this clause—
notified facial recognition system requirements means any requirements notified by the Commissioner on a publicly available website determined by the Commissioner for the purposes of this clause.
(1) Despite the repeal of Part 8 of the Act, until the relevant day, the licensee continues to have the right to apply to the Licensing Court of South Australia for a review of a prescribed decision (in accordance with the provisions of that Part as in force immediately before its repeal).
(2) In this clause—
prescribed decision means a decision of the Commissioner under theGambling Administration Act 2019 that is not subject to review on an application under section 54(1) of that Act;
relevant day means a day determined by the Minister by notice in the Gazette for the purposes of this clause.
1. | In these requirements, unless the contrary intention appears— |
2. | Tickets must comply with the following requirements:
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• Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
• Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
• For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or regulations and variations
New entries appear in bold.
Year
No
Reference
Commencement
2013
270
Gazette 5.12.2013 p4455 1.1.2014: r 2
2013
275
Gazette 5.12.2013 p4475 1.7.2015: r 2
2015
173
Gazette 18.6.2015 p2874 1.7.2015 immediately after 275/2013 except r 4(4) & (10)—1.10.2015 and except r 4(2), (6) & (8)—1.7.2016: r 2
2017
204
Gazette 25.7.2017 p2964 25.7.2017: r 2
2018
237
Gazette 29.11.2018 p4117 1.12.2018: r 2
2018
246
Gazette 6.12.2018 p4177 6.12.2018: r 2
2020
245
Gazette 30.7.2020 p4116 30.7.2020: r 2
2020
246
Gazette 30.7.2020 p4127 28.9.2020: r 2
2020
247
Gazette 30.7.2020 p4129
3.12.2020: r 2
Provisions varied New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision
How varied
Commencement
r 2
omitted under Legislation Revision and Publication Act 2002
1.7.2015
r 3
relevant approved licensing agreement
deleted by 237/2018 r 4
1.12.2018 r 5
r 5(1) and (2)
deleted by 237/2018 r 5
1.12.2018 r 5(3)
varied by 204/2017 r 4(1)
25.7.2017
varied by 245/2020 r 4(1)
30.7.2020
r 5(3a)
inserted by 204/2017 r 4(2)
25.7.2017
varied by 245/2020 r 4(2)
30.7.2020
r 5(4)
relevant Appendix
varied by 245/2020 r 4(3)
30.7.2020
r 6
deleted by 247/2020 r 4
3.12.2020 r 7
inserted by 246/2018 r 4
6.12.2018
substituted by 245/2020 r 5
30.7.2020
r 8
inserted by 245/2020 r 5
30.7.2020
r 9
inserted by 246/2020 r 4
28.9.2020
r 10
inserted by 247/2020 r 5
3.12.2020
Sch 1 before deletion by 245/2020
cl 1
cl 1(1)
cl 1 varied by 237/2018 r 6(1)
1.12.2018
cl 1 varied by 246/2018 r 5(1)
6.12.2018
cl 1 redesignated as cl 1(1) by 246/2018 r 5(2)
6.12.2018
cl 1(2)
inserted by 246/2018 r 5(2)
6.12.2018
cll 2—5
deleted by 237/2018 r 6(2)
1.12.2018
Sch 1
deleted by 245/2020 r 6
30.7.2020 Sch 2
item 1
item 1.3
inserted by 275/2013 r 4(1)
1.7.2015
item 3
item 3.4
varied by 275/2013 r 4(2), (3)
1.7.2015
item 5
item 5.2
varied by 275/2013 r 4(4)
1.7.2015
item 6
item 6.1
substituted by 275/2013 r 4(5)
1.7.2015
varied by 173/2015 r 4(1)
1.7.2015
varied by 173/2015 r 4(2)
1.7.2016
item 6.2
varied by 275/2013 r 4(6)
1.7.2015
varied by 173/2015 r 4(3)
1.7.2015
varied by 173/2015 r 4(4)
1.10.2015
item 8
item 8.1
substituted by 275/2013 r 4(7)
1.7.2015
item 8.2
substituted by 275/2013 r 4(7)
1.7.2015
item 8.3
inserted by 275/2013 r 4(7)
1.7.2015
item 10
item 10.3
varied by 275/2013 r 4(8)
1.7.2015
item 10.4
varied by 275/2013 r 4(9)
1.7.2015
varied by 173/2015 r 4(5)
1.7.2015
varied by 173/2015 r 4(6)
1.7.2016
item 10.5
varied by 275/2013 r 4(10)
1.7.2015
item 10.6
varied by 275/2013 r 4(11)
1.7.2015
item 10.7
inserted by 275/2013 r 4(12)
1.7.2015
varied by 173/2015 r 4(7)
1.7.2015
varied by 173/2015 r 4(8)
1.7.2016
item 10.8 and 10.9
inserted by 275/2013 r 4(12)
1.7.2015
item 11
ancillary screen
varied by 245/2020 r 7(1)
30.7.2020
item 16
varied by 275/2013 r 4(13)
1.7.2015
varied by 173/2015 r 4(9)
1.7.2015
varied by 173/2015 r 4(10)
1.10.2015
item 17
item 17.3
substituted by 275/2013 r 4(14)
1.7.2015
item 17.4—17.6
inserted by 275/2013 r 4(14)
1.7.2015
item 19
varied by 245/2020 r 7(2)
30.7.2020
Sch 3
inserted by 245/2020 r 8
30.7.2020
cl 3
inserted by 247/2020 r 6
3.12.2020 Sch 4
inserted by 245/2020 r 8
30.7.2020
Historical versions
1.7.2015
1.10.2015
1.7.2016
25.7.2017
1.12.2018 (electronic only)
6.12.2018
30.7.2020
28.9.2020
0
0
0