Community Gaming Act 2018 (NSW)

Does not include amendments by—

Licensing and Registration (Uniform Procedures) Amendment Act 2022 No 2 (not commenced)

An Act with respect to the conduct of lotteries and other games of chance; and for other purposes.

Part 1Preliminary1Name of Act

This Act is the Community Gaming Act 2018.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Objects of Act(1)

The objects of this Act are as follows—

(a)
to allow the conduct of gaming activities for charitable, social, not-for-profit or trade promotion purposes,
(b)
to ensure that there are reasonable net public benefits obtained from the conduct of gaming activities,
(c)
to ensure the integrity and fairness of permitted gaming activities,
(d)
to assist the ongoing viability of organisations conducting gaming activities that contribute positively to the community,
(e)
to minimise the regulatory burden required to sufficiently protect participants in gaming activities.

(2)

This Act seeks to achieve these objects by the following means—

(a)
restricting who may conduct and benefit from gaming activities,
(b)
establishing a principles-based framework for regulating permitted gambling activities according to the level of risk associated with the activities,
(c)
ensuring that the proceeds and profits of permitted gaming activities are applied to the particular purposes, or go to the persons or organisations, for which the activities are purported to be conducted.

s 3: Am 2019 No 23, Sch 1.5[1].

4Definitions(1)

In this Act—

authorised officer means—

(a)
the Secretary, or
(b)
a person for the time being authorised in writing as an authorised officer by the Secretary, or
(c)
a person appointed as an investigator under section 18 of the Fair Trading Act 1987, or
(d)
a police officer.

authority means an authority to conduct a permitted gaming activity granted under the regulations.

body means an unincorporated body.

Note—

A reference to a person in this Act includes a reference to a corporation or other incorporated body (see Interpretation Act 1987).

compliance notice—see section 30 (2).

conduct a gaming activity—see section 6.

Department means the Department of Customer Service.

function includes a power, authority or duty, and exercise a function includes perform a duty.

permitted gaming activity means a gaming activity permitted under section 10 and includes an activity taken under section 7 to be a permitted gaming activity.

prize includes any property or services sold or otherwise disposed of by means of a gaming activity.

property includes real or personal property.

Secretary means—

(a)
the Commissioner for Fair Trading, Department of Customer Service, or
(b)
if there is no person employed as Commissioner for Fair Trading—the Secretary of the Department.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2)

Notes included in this Act do not form part of this Act.

s 4: Am 2022 No 59, Sch 3.12; 2023 No 7, Sch 3.4.

5Gaming activities(1)

In this Act—

gaming activity means—

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