Gambling and Racing Control Act 1999 (ACT)
Gambling and Racing Control Act 1999
A1999-46
Republication No 34
Effective: 1 July 2025
Republication date: 1 July 2025
Last amendment made by A2025‑19
About this republication
The republished law
This is a republication of the Gambling and Racing Control Act 1999 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Gambling and Racing Control Act 1999
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Dictionary 2
3 Notes 2
4 Gaming laws 2
Part 2 The commission
Division 2.1 Establishment and functions of commission
5 Establishment of gambling and racing commission 4
6 Functions of commission 4
7 How commission must exercise its functions 6
8 Community consultation 6
10 Delegation 6
Division 2.2 Governing board
11 Establishment of governing board 7
12 Governing board members 7
13 Chief executive officer of commission 8
14 Commission’s staff 8
15 Consultants and contractors 8
Part 3 Role of commission in dealing with social effects of gambling
Division 3.1 Monitoring and research
17 Monitoring and research 9
Division 3.2 Dealing with social effects of gambling
18 Code of practice 9
19 Education and counselling 11
Part 4 Powers of investigation
Division 4.1 Authorised officers
20 Authorised officers 12
21 Identity cards for authorised officers 12
Division 4.2 Powers of investigation
22 Power to require information, instruments or records or attendance for examination 13
22A Commission may require records to be kept 14
23 Powers of entry and inspection 15
24 Search warrant 16
25 Use and inspection of documents and records produced or seized 17
26 Use of goods produced or seized 18
27 Self-incrimination 18
28 Failing to comply with requirement of authorised officer 19
30 Access to public records without fee 19
31 Investigation of complaints 19
Division 4.3 Cooperation with other jurisdictions
32 Cooperative agreements 20
33 Investigation at request of reciprocating jurisdiction 20
Division 4.4 Secrecy
34 Meaning of gaming officer in div 4.4 20
35 Gaming officers must respect confidentiality 21
36 Permitted disclosures of a general nature 21
37 Permitted disclosures to particular people 22
37A Permitted disclosures—enforceable undertakings 24
37B Public register—disciplinary actions and enforceable undertakings 24
38 Prohibition on secondary disclosures of information 25
39 Further restrictions on disclosure 25
Part 5 Inquiries
40 Starting an inquiry 26
41 Interested people may make submissions 26
42 Hearings to be in public 26
43 Adjournments 26
44 Record of proceedings 26
45 Evidence 26
46 Report and recommendations 27
47 Rules of commission 27
Part 6 Tax administration
48 Provisions of Taxation Administration Act apply 28
49 Commission may exercise functions under Commonwealth Act 28
Part 6A Authorisation numbers for electronic gaming
50 Cap on number of authorisations for electronic gaming in ACT 29
50A Review of cap on number of authorisations 32
Part 6B Licences, authorisation certificates and authorisations—register and replacement copies
51 Definitions—pt 6B 33
52 Licences and authorisation certificates—register 35
53 Licences, authorisation certificates and authorisation schedules—replacement copies 37
Part 7 Miscellaneous
53C Acts and omissions of representatives 38
53CA Protection for authorised officers 39
53D Approved forms 39
54 Regulation-making power 40
Dictionary41
Endnotes
1 About the endnotes 45
2 Abbreviation key 45
3 Legislation history 46
4 Amendment history 52
5 Earlier republications 59
6 Expired transitional or validating provisions 61
Gambling and Racing Control Act 1999
An Act to provide for the administration of certain Acts relating to gambling and racing and to create the gambling and racing commission
Part 1Preliminary
Name of Act
This Act is the Gambling and Racing Control Act 1999.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Gaming laws
For this Act, the following are gaming laws:
(a) this Act;
(b)the Casino Control Act 2006;
(c)the Casino (Electronic Gaming) Act 2017;
(d)the Gaming Machine Act 2004;
(e) the Interactive Gambling Act 1998;
(f) the Lotteries Act 1964;
(g) the Pool Betting Act 1964;
(h)the Race and Sports Bookmaking Act 2001;
(i) the Racing Act 1999;
(j)the Totalisator Act 2014;
(k)the Unlawful Gambling Act 2009.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).
Part 2The commission
Note for pt 2
The governance of territory authorities, including the commission, is regulated by the Financial Management Act 1996 (the FMA), pt 9 as well as the Act that establishes them.
The FMA, pt 9 deals, for example, with the corporate status of territory authorities and their powers, the make-up of governing boards, the responsibilities of the governing board and board members, how governing board positions can be ended, meetings of governing boards and conflicts of interest.
Division 2.1 Establishment and functions of commission
Establishment of gambling and racing commission
The ACT Gambling and Racing Commission (the commission) is established.
Functions of commission
(1)The functions of the commission are—
(a)to administer the gaming laws; and
(b)to control, supervise and regulate gaming in the ACT; and
(c)to exercise any other function given to the commission under this Act or any other territory law.
NoteA provision of a law that gives a function to an entity also gives the entity the powers necessary and convenient to exercise the function (see Legislation Act, s 196).
(2)Without limiting subsection (1), the functions of the commission include the following:
(a) regulating—
(i) the activities of casinos; and
(ii) machine gaming; and
(iii) lotteries; and
(iv) racing, as provided in the Racing Act 1999; and
(v) betting; and
(vi) interactive gambling;
(b) approving gaming and racing activities;
(c)monitoring and researching the social effects of gambling and of gambling harm;
(d)providing education and counselling services;
(e)engaging in community consultation, as appropriate, on matters related to its functions;
(f)reviewing legislation and policies related to gaming and racing and making recommendations to the Minister on those matters;
(g)monitoring, researching and funding activities relating to gaming and racing;
(h)investigating and conducting inquiries into—
(i) issues related to gaming and racing; and
(ii) activities of people in relation to gaming and racing, for the purpose of exercising functions under a gaming law;
(i)collecting taxes, fees and charges imposed or authorised by or under gaming laws.
(3)The Minister may direct the commission by way of—
(a) guidelines directing the way the commission is to exercise any of its functions; or
(b) directions in writing relating to particular matters.
(4)A guideline under subsection (3) (a) is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
How commission must exercise its functions
The commission must exercise its functions in the way that best promotes the public interest, and in particular, as far as practicable—
(a) promotes consumer protection; and
(b)minimises the possibility of criminal or unethical activity; and
(c)reduces the risks and costs, to the community and to the individuals concerned, of gambling harm.
Community consultation
In exercising its functions of reviewing legislation and policies to make recommendations to the Minister, the commission must engage in community consultation.
Delegation
The commission may delegate the commission’s functions under this Act or another territory law to a public servant.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
Division 2.2 Governing board
Establishment of governing board
The commission has a governing board.
NoteAn appointment of a governing board member is an appointment under this section (see Financial Management Act 1996, s 78 (7) (b)).
Governing board members
(1)The governing board has 5 members, of whom 1 must have knowledge, experience or qualifications related to providing counselling services to people experiencing gambling harm.
Note 1The chair and deputy chair of the governing board must be appointed under the Financial Management Act 1996, s 79.
Note 2The chief executive officer of the authority is a member of the board (see Financial Management Act 1996, s 80 (4)).
(2)A person is not eligible to be a member if—
(a)the person or the person’s domestic partner has an interest in a business subject to a gaming law; or
NoteFor the meaning of domestic partner, see the Legislation Act, s 169.
(b)the person would be unlikely to be able to properly exercise the functions of a member because of the person’s business association, financial association or close personal association with someone else; or
(c)the person has been convicted or found guilty of an offence against a gaming law or a corresponding law; or
(d)within 5 years before the proposed appointment, the person has been convicted, or found guilty, of an offence in Australia punishable by imprisonment for at least 1 year; or
(e)within 5 years before the proposed appointment, the person has been convicted, or found guilty, of an offence outside Australia that, if it had been committed in the ACT, would have been punishable by imprisonment for at least 1 year.
NoteFound guilty—see the Legislation Act, dictionary, pt 1.
(3)In this section:
corresponding law means a law of another jurisdiction, whether in or outside Australia, that regulates gaming or racing.
Chief executive officer of commission
The chief executive officer of the commission must be a public servant.
NoteA chief executive officer must be appointed under the Financial Management Act 1996, s 80 (2) and (3).
Commission’s staff
(1)The chief executive officer may employ staff for the commission on behalf of the Territory.
(2)The commission’s staff must be employed under the Public Sector Management Act 1994.
NoteThe Public Sector Management Act 1994, div 8.2 applies to the chief executive officer in relation to the employment of staff (see Public Sector Management Act 1994, s 152).
Consultants and contractors
(1)The commission may engage consultants and contractors.
(2)However, the commission must not enter into a contract of employment under this section.
Part 3Role of commission in dealing with social effects of gambling
Division 3.1 Monitoring and research
Monitoring and research
(1)The commission must monitor the social and economic effects of gambling and gambling harm in the ACT, including the need for counselling and other services.
(2)The commission may conduct or sponsor research into the social and economic effects of gambling in the ACT.
(3)The Minister, or a resolution of the Assembly, may require the commission to address particular matters when exercising its functions under this section.
(4)The commission must, at intervals of not less than 12 months, provide reports to the Minister on the results of its activities under this section.
(5)The Minister must present a report under this section to the Assembly within 14 sitting days after receiving it.
Division 3.2 Dealing with social effects of gambling
Code of practice
(1)A regulation may prescribe 1 or more codes of practice to apply in relation to the following:
(a)a person who is licensed or has a function under a gaming law;
(b)a licensee’s executives or members of a licensee’s board or management committee;
(c)a licensee’s premises or a worker at a licensee’s premises;
(d)commitments under the National Consumer Protection Framework.
(2)A code of practice may include, but is not limited to, guidelines about the following:
(a)advertising, promotional practices and the offering of inducements;
(b)providing objective and accurate information about losing and winning;
(c)limiting facilities that make it easy for a gambler to spend more than the gambler originally intended;
Examples—facilities
·automatic teller machines
·credit facilities
·allowing people to pay by cheque or credit card
(d)providing mechanisms to allow people experiencing gambling harm to exclude themselves using a licensee’s facilities for gambling;
(e)training staff or executives or members of a licensee’s board or management committee to recognise and deal appropriately with people who are experiencing gambling harm or are at risk;
(f)developing methods of dealing with staff or clients who are experiencing gambling harm or are at risk;
(g)protection of privacy;
(h)providing workplace rights training for workers at premises of club licensees;
(i)providing training in corporate governance to a club licensee’s executives or members of a club licensee’s board or management committee.
(3)A code of practice may include powers of direction for the commission to ensure compliance with the code.
(4)The commission must, for each licence under a gaming law that permits the licensee to conduct gambling, develop and review a code of practice to apply to the licensees and make recommendations to the Minister for appropriate regulations.
(5)In this section:
National Consumer Protection Framework means the National Consumer Protection Framework for Online Wagering in Australia, National Policy Statement of Australian Governments, as in force from time to time.
Education and counselling
(1)The commission may carry out or sponsor—
(a)counselling for people who are experiencing gambling harm; or
(b)publicity and education programs—
(i)providing consumer information for different kinds of gambling; or
(ii)about the risks of gambling; or
(iii)about gambling harm.
(2)The Minister, or a resolution of the Assembly, may require the commission to address particular matters when exercising its functions under this section.
Part 4Powers of investigation
Division 4.1 Authorised officers
Authorised officers
(1)The members of the governing board are authorised officers.
(2)The chief executive officer may appoint a person to be an authorised officer.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
(3)The director‑general may, in writing, recognise a person engaged in the administration or enforcement of a gaming law of a reciprocating jurisdiction as an authorised officer for this subsection.
(4)If the director‑general recognises a person for subsection (3), the person is an authorised officer for the period and purpose stated in the recognition of the person.
(5)A gaming officer to whom the chief executive officer delegates functions under division 4.2 is an authorised officer.
Identity cards for authorised officers
(1)An authorised officer must be issued with an identity card in a form approved by the commission—
(a) containing the person’s name and a photograph of the person; and
(b) stating that the person is an authorised officer for the gaming laws.
(2)When recognising an officer of a reciprocating jurisdiction for section 20 (3), the commission may approve the use of the identity card issued by that jurisdiction for subsection (1).
(3)A person who has been issued with an identity card under subsection (1) and ceases to be an authorised officer must return the card to the commission as soon as practicable.
Maximum penalty: 1 penalty unit.
Division 4.2 Powers of investigation
Power to require information, instruments or records or attendance for examination
(1)The commission may, for a purpose related to the administration or enforcement of a gaming law, by written notice served on a person, require the person—
(a) to provide to the commission (either orally or in writing) information that is described in the notice; or
(b) to attend and give evidence before the commission or an authorised officer; or
(c) to produce to the commission a record or other document described in the notice that is in the person’s custody or control.
NoteFor how documents may be served, see the Legislation Act, pt 19.5.
(2)If a notice to a person under subsection (1) is made to determine that person’s tax liability, the notice must state that the requirement is made for that purpose, but the commission is not otherwise required to identify a person in relation to whom any information, evidence, record or other document is required under this section.
(3)The commission—
(a) may specify whether information or evidence to be provided or given under this section must be given orally or in writing; and
(b) may require any information or evidence given orally to be given on oath or affirmation.
NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
(4)A person must not, without reasonable excuse, fail—
(a) to comply with the requirements of a notice under this section within the period specified in the notice or any further period allowed by the commission; or
(b) to comply with any other requirement of the commission about the giving of evidence or how information or evidence is to be provided or given under this section.
Maximum penalty: 50 penalty units.
(5)A person required to attend before an authorised officer to give oral evidence must be paid expenses in accordance with the scale of allowances determined under the Taxation Administration Act 1999, section 139 for that Act, section 82 (5).
(6)Subsection (5) does not apply to a person, or a representative of a person, giving evidence in relation to the person’s own obligations under a gaming law.
22ACommission may require records to be kept
(1)For the administration or enforcement of a gaming law, the commission may require a stated class of people to keep records of the kind, and in the way, stated in the instrument.
(2)A person to whom a requirement under subsection (1) applies must comply with the requirement.
Maximum penalty: 50 penalty units.
(3)An instrument under this section is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Powers of entry and inspection
(1)An authorised officer may, for a purpose related to the administration or enforcement of a gaming law, enter and inspect any premises at any reasonable time and do any of the following:
(a) remain on the premises;
(b) examine all documents and remove, or take copies of or extracts from, any document on behalf of the commission;
(c) inspect any gaming equipment and remove any gaming equipment that the officer believes on reasonable grounds to be connected with an offence against a gaming law;
(d) remove any thing that the officer believes on reasonable grounds might be used as evidence in a prosecution for an offence against a gaming law;
(e) require any person on the premises to answer questions or otherwise give information, including information about the identity of the person or another person;
(f) require any person on the premises to give access to any document in the person’s custody or control, and to—
(i) produce or display the document; or
(ii) provide a copy of the document or a version of it in some form other than that in which it is normally kept;
in any printed, electronic or other form that it is reasonably practicable to provide;
(g) require any person on the premises to produce any gaming equipment in the person’s custody or control;
(h) require the owner or occupier of the premises to provide the officer with the assistance and facilities that are reasonably necessary to enable the officer to exercise powers under this part.
(2)An authorised officer who enters premises under subsection (1) and is requested by the occupier to identify themself is not authorised to remain on the premises unless the officer produces the officer’s identity card to the occupier.
(3)The powers of entry and inspection under this section must not be exercised in relation to premises, or a part of premises, used for residential purposes except with the consent of the owner or occupier of the premises or part.
(4)In this section:
occupier, in relation to premises, includes a person apparently in charge or responsible for the premises.
Search warrant
(1)If a magistrate is satisfied, on the application of the chief executive officer supported by an affidavit or other sworn evidence, that there is a reasonable ground for suspecting that a document or gaming equipment relevant to an investigation into a possible offence against a gaming law, or any other thing constituting evidence of an offence against a gaming law, may be found in certain premises, the magistrate may issue a warrant authorising an authorised officer together with any assistants named or described in the warrant—
(a) to enter those premises, using the force that is necessary for the purpose; and
(b) to search the premises and to break open and search anything in the premises in which a document or any gaming equipment may be stored or concealed; and
(c) to seize and remove, on behalf of the commission—
(i) any document that appears to be relevant to the obligations of a person under a gaming law; or
(ii) any gaming equipment that the officer believes on reasonable grounds to be connected with an offence against a gaming law; or
(iii) any other thing that the officer believes on reasonable grounds might be used as evidence in a prosecution for an offence against a gaming law.
(2)The powers given by this section are in addition to, and not in derogation of, any other powers given by law.
Use and inspection of documents and records produced or seized
(1)This section applies to a document that has been produced to the commission or seized and removed by an authorised officer.
(2)The document may be kept for as long as is reasonably necessary to enable it to be inspected, copies of, or extracts or notes from it to be made, and for a decision to be made about whether subsection (3) applies.
(3)If the document is required by the commission as evidence for a legal proceeding, it may be kept until the proceeding is finally decided.
(4)The commission must permit a person who would be entitled to inspect the document if it were not in the possession of the commission to inspect the document at any reasonable time.
(5)Nothing in this section prejudices a lien a person has on the document.
Use of goods produced or seized
(1)This section applies to any thing, other than a document, that has been produced to the commission or seized and removed by an authorised officer.
(2)The thing may be kept for as long as is reasonably necessary to enable it to be inspected and for a decision to be made about whether subsection (3) applies.
(3)If the thing is required by the commission as evidence for a legal proceeding, it may be kept until the proceeding is finally decided.
(4)If the owner of the thing is convicted as a result of the legal proceedings, the court may direct that the thing be forfeited to the Territory, and in that case it may be disposed of as the Minister directs.
(5)If the thing is no longer required by the commission, but the commission cannot return it to the owner within 12 months despite reasonable efforts to do so (for example, because the owner has left the ACT), the commission may direct that the thing be disposed of by auction and the proceeds held for the owner instead of the thing.
(6)Nothing in this section prejudices a lien a person has on the thing.
Self-incrimination
(1)A person is not excused from answering a question, providing information or producing a document, when required to do so under this Act, on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.
(2)If the person objects to answering the question, providing the information or producing the document on that ground, the answer, information or document is not admissible against the person in any criminal proceedings other than—
(a) proceedings for an offence in relation to false or misleading statements, information or records; or
(b) proceedings for an offence in the nature of perjury.
Failing to comply with requirement of authorised officer
(1)A person must not, without reasonable excuse, fail to comply with a requirement of an authorised officer under this division.
Maximum penalty: 50 penalty units.
(2)A person does not commit an offence against this section arising from the entry of an authorised officer onto premises unless it is established that, at the material time, the authorised officer—
(a) identified themself as an authorised officer; and
(b) warned the person that a refusal or failure to comply with the requirement constituted an offence.
Access to public records without fee
The commission is entitled to inspect and take copies of any public record kept under an Act or law of the Territory without payment of any fee that would otherwise be payable.
Investigation of complaints
(1)A person may lodge a complaint with the commission, in a form approved by the commission, about compliance with a gaming law.
(2)If the commission investigates the complaint, the commission or an authorised officer may give the complainant information about the status or results of the investigation if satisfied that—
(a)the complainant has a legitimate interest in the information; and
(b)giving the information to the complainant would not unreasonably do any of the following:
(i)prejudice another person’s privacy or other interests;
(ii)deny another person procedural fairness;
(iii)adversely affect the conduct of the investigation.
Division 4.3 Cooperation with other jurisdictions
Cooperative agreements
The commission may make agreements with the responsible authorities of reciprocating jurisdictions governing cooperation under this division.
Investigation at request of reciprocating jurisdiction
(1)The commission may authorise a gaming officer of the Territory or of a reciprocating jurisdiction to investigate a matter that relates to the administration or enforcement of a gaming law of that jurisdiction, on the written request of an officer of that jurisdiction who exercises functions in relation to a gaming law of that jurisdiction.
(2)This Act applies in relation to an investigation under this section as if it were an investigation into a matter relating to the administration or enforcement of a gaming law of the Territory.
Division 4.4 Secrecy
Meaning of gaming officer in div 4.4
In this division:
gaming officer includes any person who has acquired a confidential document or confidential information under a gaming law or as a result of exercising functions under or in relation to a gaming law.
Gaming officers must respect confidentiality
(1)A person who is or has been a gaming officer must not, otherwise than in the performance of the person’s duties as a gaming officer, make a record of any confidential information about another person.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)A person who is or has been a gaming officer must not disclose any information obtained under or in relation to the administration of a gaming law, except as permitted by this part.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(3)The commission may require a gaming officer to make an oath or affirmation, in a way specified by the commission in writing, to maintain secrecy in accordance with this section.
NoteIf a form is approved under s 53D for an oath or affirmation, the form must be used.
(4)For subsection (2), information disclosed to the commission by a person exercising a function under a law of the Commonwealth, a State or another Territory in relation to gaming or racing is information obtained under this Act.
Permitted disclosures of a general nature
(1)The commission may disclose information obtained under or in relation to the administration of a gaming law that does not and is not likely to—
(a) directly or indirectly identify a particular person; or
(b) disclose matters about the personal affairs of a particular person.
(2)The commission may disclose statistical information that does not satisfy subsection (1) if—
(a) the reason that a person or the person’s affairs might be identified is that there are few people in particular categories; and
(b) the commission is satisfied that it is in the public interest to disclose that information.
Permitted disclosures to particular people
A gaming officer may disclose information obtained under or in relation to the administration of a gaming law—
(a) with the consent of the person to whom the information relates or at the request of a person acting on behalf of the person to whom the information relates; or
(b) in connection with the administration or execution of a gaming law (including for the purpose of any legal proceedings arising out of a gaming law or a report of any such proceedings); or
(c) in accordance with a requirement imposed under an Act; or
(d)to any of the following, or to a person authorised to receive the information by any of the following:
(i)for the purpose of the administration or enforcement of a gaming law of a reciprocating jurisdiction—a person who, or authority that, exercises functions under that law;
(ii)for the purpose of advising or assisting an administrative unit, the Minister or any other Minister on policy matters or the operation of a gaming law—the administrative unit responsible for this Act, the commission or the Minister;
(iii)for the purpose of administering the Gaming Machine Act 2004, part 2A (Reducing cap on authorisations to 3 500 or fewer)—the administrative unit responsible for this Act, the commission, the Minister or a tax officer under the Taxation Administration Act 1999;
(iv)for the purpose of administering the Gaming Machine Act 2004, division 11.3 (Diversification and sustainability support fund)—a member of the advisory board under that division, a public servant, the commission or the Minister;
(v)the auditor-general;
(vi)the Australian Competition and Consumer Commission;
(vii)the Australian Crime Commission;
(viii)the Australian Federal Police;
(ix)the Australian Securities and Investments Commission;
(x)the Australian statistician;
(xi)the Australian Transaction Reports and Analysis Centre (AUSTRAC);
(xii)the chief police officer;
(xiii)the commissioner for revenue;
(xiv)the Commissioner of Taxation of the Commonwealth;
(xv)the Department of Home Affairs (Cwlth);
(xvi)the Commonwealth Services Delivery Agency (Centrelink);
(xvii)the ombudsman;
(xiii)the police force or service of a State;
NoteState includes the Northern Territory (see Legislation Act, dict, pt 1).
(xix)the integrity commission;
(xx)an authority or agency of a State that is responsible for collecting or receiving taxation revenue of the State;
(xxi)a person prescribed by regulation; or
(e)in accordance with section 31.
37APermitted disclosures—enforceable undertakings
The commission may disclose information relating to a person as agreed with the person in an enforceable undertaking under the Gaming Machine Act 2004, part 3A.
37BPublic register—disciplinary actions and enforceable undertakings
(1)The commission must keep a public register that lists—
(a)the business or trading names of licensees that have had disciplinary action taken against them under the Gaming Machine Act 2004, part 4; and
(b)a description of the—
(a)disciplinary action taken; and
(b)disciplinary ground for which the action was taken.
(2)The commission may enter any details agreed with a licensee on the register if the licensee has entered into an enforceable undertaking under the Gaming Machine Act 2004, part 3A.
(3)The commission must not enter details relating to disciplinary action on the register—
(a)if the details contain any references to the names of individuals; and
(b)unless—
(i)the time for any appeal or review in relation to the disciplinary action has not ended; and
(ii)any appeal or review in relation to the disciplinary action has not been decided or withdrawn.
Prohibition on secondary disclosures of information
A person must not disclose any information provided to the person by a gaming officer in accordance with this Act unless the disclosure is made with the consent of the commission or to enable the person to exercise a function given to the person by law for the purpose of the enforcement of a law for protecting the public revenue.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Further restrictions on disclosure
(1)A person who is or has been a gaming officer must not be required—
(a) to produce a confidential document in court; or
(b) to disclose any confidential information to a court;
unless the court considers that it is necessary to do so for the administration or execution of a gaming law.
(2)In this section:
court includes any tribunal, authority or person having power to require documents to be produced or questions to be answered.
Part 5Inquiries
Starting an inquiry
(1)The commission must inquire into any matter referred to it by the Minister or under a gaming law.
(2)The commission may inquire into any other matter as it considers appropriate.
Interested people may make submissions
The commission must give any entity directly affected by or interested in the subject matter of an inquiry an opportunity to make submissions.
Hearings to be in public
An inquiry by the commission must be heard in public unless the commission, for good reason, decides otherwise.
Adjournments
The commission may at any time adjourn an inquiry as it considers appropriate.
Record of proceedings
The commission must keep a record of its proceedings.
Evidence
The commission may inform itself in any way it considers appropriate.
Report and recommendations
(1)The commission must report its findings in an inquiry, other than an inquiry mentioned in subsection (2), to the Minister and may make recommendations on its findings.
(2)If a gaming law requires the commission to make an inquiry before taking a specified action, the commission must report its findings in the annual report.
(3)The Minister must present any reports and recommendations before the Legislative Assembly within 14 sitting days after receiving them.
Rules of commission
(1)The commission may make rules for the procedure of the commission in an inquiry.
(2)A rule made under subsection (1) is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Part 6Tax administration
Provisions of Taxation Administration Act apply
The provisions of the Taxation Administration Act 1999, except for part 9 (Taxation officers, investigation and secrecy provisions), apply in relation to a gaming law as if—
(a) a reference to an authorised officer were a reference to an authorised officer under this Act; and
(b) a reference to the commissioner were a reference to the commission under this Act; and
(c) a reference to the Minister were a reference to the Minister in relation to this Act; and
(d) a reference to a tax law were a reference to a gaming law under this Act; and
(e) a reference to a tax officer were a reference to a gaming officer under this Act.
Commission may exercise functions under Commonwealth Act
The commission may exercise the functions of a State taxation officer under the Taxation Administration Act 1953 (Cwlth), part 3A.
Part 6AAuthorisation numbers for electronic gaming
Cap on number of authorisations for electronic gaming in ACT
(1)The cap on the number of authorisations for electronic gaming for all authorised premises in the ACT is worked out as follows:
SN - (NS + NC + NF)
NC means the total number of authorisations cancelled after the relevant day.
NF means the total number of authorisations forfeited to the Territory after the relevant day.
NS means the total number of authorisations surrendered after the relevant day.
SN means the number notified by the commission under subsection (3).
(2)The total number of authorisations for electronic gaming under all authorisation schedules issued under a gaming law must not exceed the cap on the number worked out under subsection (1).
NoteAn authorisation schedule is included in an authorisation certificate (see Casino (Electronic Gaming) Act 2017, s 12 (1) (e) and s 15 (1) (e) and Gaming Machine Act 2004, s 27 (1) (h) and s 30 (3) (j)).
(3)As soon as practicable after each time the cap on the number of authorisations for electronic gaming changes, the commission must prepare a notice stating the new cap on the number and the date of the change.
(4)A notice under subsection (3) is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(5)In this section:
authorisation, for electronic gaming, means—
(a)an authorisation for a gaming machine under the Gaming Machine Act 2004; and
(b)an authorisation for a casino gaming machine or casino FATG terminal under the Casino (Electronic Gaming) Act 2017.
authorised premises—
(a)see the Gaming Machine Act 2004, dictionary; and
(b)includes the casino.
cancelled—
(a)an authorisation for a gaming machine is cancelled if—
(i)the authorisation is cancelled under either of the following sections of the Gaming Machine Act 2004:
(A)section 62 (Commission may take disciplinary action against licensee);
(B)section 64 (Cancellation of authorisation certificate because of cancellation etc of general and on licences); and
(ii)the cancellation has become final; and
(b)an authorisation for a casino gaming machine or casino FATG terminal is cancelled if—
(i)the authorisation is cancelled under—
(A)the Casino Control Act 2006, section 34 (Disciplinary action against casino licensee); or
(B)the Casino (Electronic Gaming) Act 2017, section 41 (Cancellation of authorisation certificates and authorisations on surrender of casino licence); and
(ii)the cancellation has become final.
casino—see the Casino Control Act 2006, dictionary.
casino FATG terminal—see the Casino (Electronic Gaming) Act 2017, dictionary.
casino gaming machine—see the Casino (Electronic Gaming) Act 2017, dictionary.
electronic gaming means gaming machines, casino gaming machines, casino FATG terminals and fully-automated table game machines.
final—a cancellation of an authorisation becomes final when—
(a)the time for any appeal or review in relation to the decision has ended; or
(b)any appeal or review in relation to the decision has been decided or withdrawn.
forfeited—an authorisation is forfeited if the authorisation is forfeited under—
(a)the Gaming Machine Act 2004, section 127F (Trading authorisations—forfeiture requirement); or
(b)the following sections of the Casino (Electronic Gaming) Act 2017:
(i)section 17 (Acquiring authorisations—forfeiture requirement);
(ii)section 23 (Status of restricted authorisations if development approval ends under Planning Act 2023, s 211 or because no approval given);
(iii)section 24 (Status of restricted authorisations if development approval ends in other circumstances);
(iv)section 42 (Cancellation of authorisation certificates and authorisations—forfeiture).
gaming machine means a gaming machine under the Gaming Machine Act 2004, dictionary.
relevant day means the date of the change stated in the notice prepared by the commission under subsection (3).
surrendered—
(a)an authorisation for a gaming machine is surrendered if the licensee, under the Gaming Machine Act 2004, section 37F (1) (c) (Surrender of licences, authorisation certificates and authorisations), surrenders the authorisation and the surrender takes effect under that Act, section 173E (Notifiable actions—date of effect); and
(b)an authorisation for a casino gaming machine or casino FATG terminal is surrendered if the casino licensee, under the Casino (Electronic Gaming) Act 2017, section 43 (Surrender of authorisation certificates and authorisations), surrenders the authorisation and the surrender takes effect under that Act, section 50 (Notifiable actions—date of effect).
50AReview of cap on number of authorisations
(1)Before 31 December 2026, the Minister must—
(a)review the operation of section 50; and
(b)present a report of the review to the Legislative Assembly.
(2)This section expires on 31 December 2027.
Part 6BLicences, authorisation certificates and authorisations—register and replacement copies
Definitions—pt 6B
In this part:
authorisation, for electronic gaming, means—
(a)an authorisation for a gaming machine under the Gaming Machine Act 2004; and
(b)an authorisation for a casino gaming machine or casino FATG terminal under the Casino (Electronic Gaming) Act 2017.
authorisation certificate, for electronic gaming, means—
(a)an authorisation certificate for a gaming machine under the Gaming Machine Act 2004; and
(b)an authorisation certificate for a casino gaming machine or casino FATG terminal under the Casino (Electronic Gaming) Act 2017.
authorisation number, for electronic gaming, means—
(a)an authorisation number for a gaming machine under the Gaming Machine Act 2004; and
(b)an authorisation number for a casino gaming machine or casino FATG terminal under the Casino (Electronic Gaming) Act 2017.
authorisation schedule, for electronic gaming, means—
(a)an authorisation schedule for an authorisation certificate for a licence for a gaming machine under the Gaming Machine Act 2004; and
(b)an authorisation schedule for an authorisation certificate for a casino gaming machine or casino FATG terminal under the Casino (Electronic Gaming) Act 2017.
casino FATG terminal—see the Casino (Electronic Gaming) Act 2017, dictionary.
casino gaming machine—see the Casino (Electronic Gaming) Act 2017, dictionary.
electronic gaming means gaming machines, casino gaming machines, casino FATG terminals and fully-automated table game machines.
gaming machine means a gaming machine under the Gaming Machine Act 2004, dictionary.
general purpose, for a storage permit—see the Gaming Machine Act 2004, dictionary.
interim purpose, for a storage permit—see the Gaming Machine Act 2004, dictionary.
licence means—
(a)a casino licence granted under the Casino Control Act 2006, section 21; or
(b)a licence for a class B or class C gaming machine issued under the Gaming Machine Act 2004.
NoteLicensee has a meaning corresponding to the meaning of licence (see Legislation Act, s 157).
maximum number, of authorisations—
(a)for gaming machines—see the Gaming Machine Act 2004, dictionary; and
(b)for casino gaming machines—means the maximum number of authorisations for casino gaming machines the casino licensee is allowed under an authorisation certificate; and
(c)for casino FATG terminals—means the maximum number of authorisations for casino FATG terminals the casino licensee is allowed under an authorisation certificate.
storage permit—see the Gaming Machine Act 2004, section 127L.
Licences and authorisation certificates—register
(1)The commission must keep a register of licences, authorisation certificates and authorisations.
(2)The register must include the following details:
(a)the date of issue, amendment or transfer of a licence or authorisation certificate;
(b)the date of the suspension or cancellation of a licence or authorisation certificate;
(c)for each authorisation certificate included in the register—
(i)for an authorisation certificate in relation to gaming machines—the maximum number of authorisations for gaming machines the licensee may have under the authorisation certificate; and
(ii)for an authorisation certificate in relation to casino gaming machines or casino FATG terminals—the maximum number of authorisations for casino gaming machines or casino FATG terminals the licensee is allowed under the authorisation certificate; and
(iii)the authorisation number for each authorisation; and
(iv)details of any gaming machine, casino gaming machine or casino FATG terminal under each authorisation;
(d)if a licensee holds a storage permit—
(i)whether the permit is for a general purpose or an interim purpose; and
(ii)the serial number of each gaming machine to be stored under the permit; and
(iii)for a storage permit for a general purpose—the authorisation number for each gaming machine’s associated authorisation;
(e)anything else prescribed by regulation.
(3)The register may be kept in any form, including electronically, that the commission decides.
(4)The commission may correct an error or omission in the register.
(5)A licensee may ask the commission, in writing, to correct an error or omission in the register.
(6)The commission may change a detail included in the register to keep the register up-to-date.
Example
A detail in the register may be changed as a consequence of receiving notification under the Casino (Electronic Gaming) Act 2017, s 49 or the Gaming Machine Act 2004, s 173D about a notifiable action.
Licences, authorisation certificates and authorisation schedules—replacement copies
(1)This section applies if a licensee’s licence, authorisation certificate or authorisation schedule is lost, stolen or destroyed.
(2)The licensee must give the commission a statement verifying the loss, theft or destruction of the licence, authorisation certificate or authorisation schedule as soon as practicable after becoming aware of the loss, theft or destruction.
NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
(3)If the commission receives a statement under subsection (2), the commission must give the licensee a replacement licence, replacement authorisation certificate or replacement authorisation schedule.
Part 7Miscellaneous
53CActs and omissions of representatives
(1)In this section:
person means an individual.
NoteSee the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.
representative, of a person, means an employee or agent of the person.
state of mind, of a person, includes—
(a)the person’s knowledge, intention, opinion, belief or purpose; and
(b)the person’s reasons for the intention, opinion, belief or purpose.
(2)This section applies to a prosecution for any offence against this Act.
(3)If it is relevant to prove a person’s state of mind about an act or omission, it is enough to show—
(a)the act was done or omission made by a representative of the person within the scope of the representative’s actual or apparent authority; and
(b)the representative had the state of mind.
(4)An act done or omitted to be done on behalf of a person by a representative of the person within the scope of the representative’s actual or apparent authority is also taken to have been done or omitted to be done by the person.
(5)However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.
(6)A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4).
53CAProtection for authorised officers
(1)This section applies to an authorised officer who is not a member of the governing board.
NoteMembers of governing boards are protected from liability under the Financial Management Act 1996, s 90.
(2)The authorised officer is not civilly liable for anything done or omitted to be done honestly and without recklessness—
(a)for the purpose of administering or enforcing a territory gaming law; or
(b)for the purpose of administering or enforcing a gaming law of a reciprocating jurisdiction under division 4.3; or
(c)in the reasonable belief that the act or omission was for a purpose mentioned in paragraph (a) or (b).
(3)Any liability that would, apart from this section, attach to the authorised officer attaches instead to the commission.
53DApproved forms
(1) The commission may approve forms for a gaming law.
(2)If the commission approves a form for a particular purpose, the approved form must be used for that purpose.
(3)An approved form is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Regulation-making power
(1)The Executive may make regulations for this Act.
NoteA regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(2)A regulation may prescribe offences for contraventions of a regulation and prescribe maximum penalties of not more than 30 penalty units for offences against a regulation.
Dictionary
(see s 2)
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1 defines the following terms:
· ACT
· administrative unit
· Australian statistician
· director‑general (see s 163)
· exercise
· found guilty
· function
· integrity commission
· Minister (see s 162)
· public servant
· under.
annual report means the report that the commission is required to prepare under the Annual Reports (Government Agencies) Act 2004.
authorisation, for electronic gaming, for part 6B (Licences, authorisation certificates and authorisations—register and replacement copies)—see section 51.
authorisation certificate, for electronic gaming, for part 6B (Licences, authorisation certificates and authorisations—register and replacement copies)—see section 51.
authorisation number, for electronic gaming, for part 6B (Licences, authorisation certificates and authorisations—register and replacement copies)—see section 51.
authorisation schedule, for electronic gaming, for part 6B (Licences, authorisation certificates and authorisations—register and replacement copies)—see section 51.
authorised officer means a person who is an authorised officer under section 20.
casino means the casino under the Casino Control Act 2006.
casino FATG terminal, for part 6B (Licences, authorisation certificates and authorisations—register and replacement copies)—see the Casino (Electronic Gaming) Act 2017, dictionary.
casino gaming machine, for part 6B (Licences, authorisation certificates and authorisations—register and replacement copies)—see the Casino (Electronic Gaming) Act 2017, dictionary.
chief executive officer means the chief executive officer of the commission.
club licensee means a licensee that is a club under the Gaming Machine Act 2004.
code of practice—see section 18.
commission means the ACT Gambling and Racing Commission established under section 5.
electronic gaming, for part 6B (Licences, authorisation certificates and authorisations—register and replacement copies)—see section 51.
gaming means conducting or playing a game of chance, or of mixed chance and skill, in which money or any other valuable thing is offered as a prize or is staked or risked (by a participant or someone else) on an event or contingency.
gaming equipment means any electrical, electronic or mechanical device or any other thing (other than chips) used, or suitable for use, in connection with gaming.
gaming law—
(a) in relation to the Territory—see section 4; and
(b)in relation to the Commonwealth, a State, another Territory, or a foreign country, (the other jurisdiction)—means a law of the other jurisdiction that relates to gaming or racing.
gaming machine, for part 6B (Licences, authorisation certificates and authorisations—register and replacement copies)—see section 51.
gaming officer—
(a)for this Act generally—means any of the following:
(i)a member of the governing board;
(ii)any other authorised officer;
(iii)anyone else engaged (whether as an officer or employee or otherwise) in the administration or enforcement of a gaming law; and
(b)for division 4.4 (Secrecy)—see section 34.
general purpose, for a storage permit, for part 6B (Licences, authorisation certificates and authorisations—register and replacement copies)—see the Gaming Machine Act 2004, dictionary.
governing board means the governing board of the commission.
inquiry means an inquiry conducted under part 5.
interim purpose, for a storage permit, for part 6B (Licences, authorisation certificates and authorisations—register and replacement copies)—see the Gaming Machine Act 2004, dictionary.
licence, for part 6B (Licences, authorisation certificates and authorisations—register and replacement copies)—see section 51.
maximum number, of authorisations, for part 6B (Licences, authorisation certificates and authorisations—register and replacement copies)—see section 51.
racing means racing conducted for the purpose of betting.
reciprocating jurisdiction means a jurisdiction, being the Commonwealth, a State, another Territory or New Zealand, under a law of which an officer of the jurisdiction is authorised to give to the commission, for the purposes of the administration of a gaming law, information within the knowledge of the officer.
storage permit, for part 6B (Licences, authorisation certificates and authorisations—register and replacement copies)—see the Gaming Machine Act 2004, section 127L.
workplace rights training means training on rights and obligations under laws in force in the ACT that apply in relation to workers at premises of club licensees.
Examples—rights and obligations
· employment agreements
· minimum wages and employment conditions
· termination of employment agreements
· workplace safety
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Gambling and Racing Control Act 1999 A1999‑46
notified 17 September 1999 (Gaz 1999 No S54)
s 1, s 2 commenced 17 September 1999 (s 2 (1))remainder commenced 1 December 1999 (s 2 (2) and Gaz 1999 No S63)
as amended by
Gambling Legislation Amendment Act 1999 A1999‑56 sch 3 (as am by A2000‑80 amdt 3.5)
notified 10 November 1999 (Gaz 1999 No 45)
s 1, s 2 commenced 10 November 1999 (s 2 (1))sch 3 commenced 1 December 1999 (s 2 (2) and Gaz 1999 No S63)
Statute Law Amendment Act 2000 A2000‑80 amdt 1.1
notified 21 December 2000 (Gaz 2000 No S69)
s 1, s 2 commenced 21 December 2000 (IA s 10B)amdt 1.1 taken to have commenced 1 December 1999 (s 2 (2), amdt 1.1)
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 161
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)pt 161 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Race and Sports Bookmaking Act 2001 A2001‑49 sch 2 pt 3
notified 12 July 2001 (Gaz 2001 No 28)
s 1, s 2 commenced 12 July 2001 (IA s 10B)sch 2 pt 3 commenced 7 September 2001 (s 2 and Gaz 2001 No S68)
Legislation (Gay, Lesbian and Transgender) Amendment Act 2003 A2003-14 sch 1 pt 1.17
notified LR 27 March 2003
s 1, s 2 commenced 27 March 2003 (LA s 75 (1))sch 1 pt 1.17 commenced 28 March 2003 (s 2)
Australian Crime Commission (ACT) Act 2003 A2003-58 sch 1 pt 1.2
notified LR 17 December 2003
s 1, s 2 commenced 17 December 2003 (LA s 75 (1))
sch 1 pt 1.2 commenced 17 June 2004 (s 2 and LA s 79)Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.16
notified LR 19 March 2004
s 1, s 2 commenced 19 March 2004 (LA s 75 (1))sch 1 pt 1.16 commenced 13 April 2004 (s 2 and see Annual Reports (Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)
Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 1 pt 1.18, sch 2 pt 2.40
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))sch 1 pt 1.18, sch 2 pt 2.40 commenced 9 April 2004 (s 2 (1))
Gaming Machine Act 2004 A2004-34 sch 2
notified LR 9 July 2004
s 1, s 2 commenced 9 July 2004 (LA s 75 (1))
sch 2 commenced 1 November 2004 (s 2 and CN2004-14)Financial Management Legislation Amendment Act 2005 A2005‑52 sch 1 pt 1.8
notified LR 26 October 2005
s 1, s 2 commenced 26 October 2005 (LA s 75 (1))
sch 1 pt 1.8 commenced 1 January 2006 (s 2 (2))Casino Control Act 2006 A2006-2 sch 1 pt 1.1
notified LR 22 February 2006
s 1, s 2 commenced 22 February 2006 (LA s 75 (1))sch 1 pt 1.1 commenced 1 May 2006 (s 2 and CN2006-6)
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.51
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))sch 3 pt 3.51 commenced 12 April 2007 (s 2 (1))
Statute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.16
notified LR 20 June 2007
s 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))sch 3 pt 3.16 commenced 11 July 2007 (s 2 (1))
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.28
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))sch 3 pt 3.28 commenced 26 August 2008 (s 2)
Unlawful Gambling Act 2009 A2009-39 sch 2 pt 2.1
notified LR 17 November 2009
s 1, s 2 commenced 17 November 2009 (LA s 75 (1))
sch 2 pt 2.1 commenced 22 March 2010 (s 2 and CN2010-2)Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.70
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))sch 1 pt 1.70 commenced 1 July 2011 (s 2 (1))
Statute Law Amendment Act 2013 A2013-19 sch 3 pt 3.22
notified LR 24 May 2013
s 1, s 2 commenced 24 May 2013 (LA s 75 (1))sch 3 pt 3.22 commenced 14 June 2013 (s 2)
Totalisator Act 2014 A2014-4 sch 2 pt 2.1
notified LR 26 March 2014
s 1, s 2 commenced 26 March 2014 (LA s 75 (1))sch 2 pt 2.1 commenced 27 March 2014 (s 2)
Statute Law Amendment Act 2014 A2014‑18 sch 3 pt 3.9
notified LR 20 May 2014
s 1, s 2 commenced 20 May 2014 (LA s 75 (1))sch 3 pt 3.9 commenced 10 June 2014 (s 2 (1))
Annual Reports (Government Agencies) Amendment Act 2015 A2015‑16 sch 1 pt 1.12
notified LR 27 May 2015
s 1, s 2 commenced 27 May 2015 (LA s 75 (1))sch 1 pt 1.12 commenced 3 June 2015 (s 2)
Statute Law Amendment Act 2015 (No 2) A2015‑50 sch 3 pt 3.18
notified LR 25 November 2015
s 1, s 2 commenced 25 November 2015 (LA s 75 (1))sch 3 pt 3.18 commenced 9 December 2015 (s 2)
Red Tape Reduction Legislation Amendment Act 2016 A2016‑18 sch 3 pt 3.24
notified LR 13 April 2016
s 1, s 2 commenced 13 April 2016 (LA s 75 (1))sch 3 pt 3.24 commenced 27 April 2016 (s 2)
Public Sector Management Amendment Act 2016 A2016-52 sch 1 pt 1.30
notified LR 25 August 2016
s 1, s 2 commenced 25 August 2016 (LA s 75 (1))
sch 1 pt 1.30 commenced 1 September 2016 (s 2)Casino (Electronic Gaming) Act 2017 A2017-42 sch 3 pt 3.2, sch 4 pt 4.1 (as am by A2018‑45 sch 1 pt 1.1)
notified LR 13 November 2017
s 1, s 2 commenced 13 November 2017 (LA s 75 (1))
sch 3 pt 3.2 commenced 13 May 2018 (s 2 (1) and LA s 79)
sch 4 pt 4.1 om before commenced (see A2018‑45 sch 1 amdt 1.1)Casino and Other Gaming Legislation Amendment Act 2018 A2018-21 pt 4
notified LR 14 June 2018
s 1, s 2 commenced 14 June 2018 (LA s 75 (1))
pt 4 commenced 15 June 2018 (s 2)Statute Law Amendment Act 2018 A2018-42 sch 3 pt 3.16
notified LR 8 November 2018
s 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))
sch 3 pt 3.16 commenced 22 November 2018 (s 2 (1))Gaming Legislation Amendment Act 2018 A2018-45 pt 2, sch 1 pt 1.1, sch 2
notified LR 4 December 2018
pt 1 taken to have commenced 15 June 2015 (s 2 (1))
pt 2 commenced 11 December 2018 (s 2 (6))
sch 1 pt 1.1 taken to have commenced 13 November 2017 (s 2 (3))
sch 2 commenced 1 May 2020 (s 2 (5))NoteThis Act also amends the Casino (Electronic Gaming) Act 2017 A2017-42.
Integrity Commission Act 2018
A2018-52 sch 1 pt 1.11 (as am by
A2019-18s 4)
notified LR 11 December 2018
s 1, s 2 commenced 11 December 2018 (LA s 75 (1))
sch 1 pt 1.11 commenced 1 December 2019 (s 2 (2) (a) as am by
A2019-18 s 4)Gaming Legislation Amendment Act 2019 A2019-14 pt 2
notified LR 23 May 2019
s 1, s 2 commenced 23 May 2019 (s 2 (1))
pt 2 commenced 1 July 2019 (s 2 and see Gaming Legislation Amendment Act 2018 A2018-45 s 2)Integrity Commission Amendment Act 2019 A2019-18 s 4
notified LR 14 June 2019
s 1, s 2 commenced 14 June 2019 (LA s 75 (1))
s 3, s 4 commenced 15 June 2019 (s 2 (1))Note
This Act only amends the Integrity Commission Act 2018
A2018-52.
Statute Law Amendment Act 2022 A2022-14 sch 3 pt 3.17
notified LR 10 August 2022
s 1, s 2 commenced 10 August 2022 (LA s 75 (1))
sch 3 pt 3.17 commenced 24 August 2022 (s 2)Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.28
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
sch 1 pt 1.28 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)Gaming Machine (Compulsory Surrender) Amendment Act 2024 A2024‑50 sch 1 pt 1.1
notified LR 19 September 2024
s 1, s 2 commenced 19 September 2024 (LA s 75 (1))
sch 1 pt 1.1 commenced 20 September 2024 (s 2)Justice and Community Safety Legislation Amendment Act 2025 A2025‑2 pt 3
notified LR 20 February 2025
s 1, s 2 commenced 20 February 2025 (LA s 75 (1))
pt 3 commenced 27 February 2025 (s 2 (1))Justice and Community Safety Legislation Amendment Act 2025 (No 2) A2025‑3 sch 1 pt 1.4
notified LR 14 March 2025
s 1, s 2 commenced 14 March 2025 (LA s 75 (1))
sch 1 pt 1.4 commenced 21 March 2025 (s 2)Gaming Legislation Amendment Act 2025 A2025‑19 pt 2
notified LR 27 June 2025
s 1, s 2 commenced 27 June 2025 (LA s 75 (1))
pt 2 commenced 1 July 2025 (s 2 and CN2025-3)
Amendment history
Name of Act
s 1sub A2005‑52 amdt 1.111
Dictionary
s 2om A2001‑44 amdt 1.1866
ins A2005‑52 amdt 1.114
Notes
s 3defs reloc to dict A2005‑52 amdt 1.113
sub A2005‑52 amdt 1.114
def casino om A2005‑52 amdt 1.112
def commission om A2005‑52 amdt 1.112
def gaming officer om A2005‑52 amdt 1.112
def penalty unit om A2001‑49 amdt 2.20
Gaming laws
s 4am A2001‑44 amdts 1.1867-1.1869; A2001‑49 amdts 2.21‑2.23; A2004‑34 amdt 2.3; A2006‑2 amdt 1.1; A2009‑39 amdt 2.1, amdt 2.2; pars renum R13 LA; A2014‑4 amdt 2.1, amdt 2.2; pars renum R16 LA; A2017‑42 amdt 3.10; pars renum R22 LA
The commission
pt 2 hdgam A2005‑52 amdt 1.115
Establishment and functions of commission
div 2.1 hdg(prev pt 2 div 2 hdg) renum R1 LA
sub A2005‑52 amdt 1.116
Establishment of gambling and racing commission
s 5sub A2005‑52 amdt 1.117
Functions of commission
s 6am A2001‑44 amdt 1.1870, amdt 1.1871; A2005‑52 amdt 1.118; A2013‑19 amdt 3.163; A2015‑16 amdt 1.16; A2018‑45 s 4
How commission must exercise its functions
s 7am A2018‑45 s 5
Community consultation
s 8am A2015‑16 amdt 1.16
Powers of commission
s 9om A2005‑52 amdt 1.119
Delegation
s 10sub A2007‑16 amdt 3.65
Governing board
div 2.2 hdg(prev pt 2 div 2 hdg) renum R1 LA
sub A2005‑52 amdt 1.121
Establishment of governing board
s 11om A2005‑52 amdt 1.120
ins A2005‑52 amdt 1.122
am A2008‑28 amdt 3.92; A2013‑19 amdt 3.164
Governing board members
s 12sub A2005‑52 amdt 1.122
am A2013‑19 amdt 3.165; A2018‑45 s 6
Chief executive officer of commission
s 13om A2005‑52 amdt 1.123
ins A2005‑52 amdt 1.122
Commission’s staff
s 14sub A2005‑52 amdt 1.124
am A2007‑3 amdt 3.283; A2011‑22 amdt 1.216
sub A2016‑52 amdt 1.92
Consultants and contractors
s 15sub A2005‑52 amdt 1.124
Annual report
s 16om A2004‑9 amdt 1.24
Monitoring and research
div 3.1 hdg(prev pt 3 div 1 hdg) renum R1 LA
Monitoring and research
s 17am A2018‑45 s 7
Dealing with social effects of gambling
div 3.2 hdg(prev pt 3 div 2 hdg) renum R1 LA
Code of practice
s 18am A2013‑19 amdt 3.166; A2018‑45 s 8, s 9; A2019-14 ss 4‑8, ss renum R26 LA
Education and counselling
s 19am A2018‑45 s 10, s 11; A2019-14 s 9
Authorised officers
div 4.1 hdg(prev pt 4 div 1 hdg) renum R1 LA
Authorised officers
s 20sub A2005‑52 amdt 1.125
am A2011‑22 amdt 1.217
Powers of investigation
div 4.2 hdg(prev pt 4 div 2 hdg) renum R1 LA
Power to require information, instruments or records or attendance for examination
s 22am A2014‑18 amdt 3.37, amdt 3.38; A2016‑18 amdt 3.107, amdt 3.108; pars renum R20 LA
Commission may require records to be kept
s 22Ains A2001‑49 amdt 2.24
am A2013‑19 amdt 3.167
Powers of entry and inspection
s 23am A2022‑14 amdt 3.98, amdt 3.99
Search warrant
s 24am A2005‑54 amdt 1.126
Failing to comply with requirement of authorised officer
s 28 hdgsub A2004‑15 amdt 2.89
s 28am A2004‑15 amdt 2.90; ss renum R4 LA (see A2004‑15 amdt 2.91); A2022‑14 amdt 3.100
Impersonating authorised officer
s 29om A2004‑15 amdt 2.92
Investigation of complaints
s 31am A2015‑16 amdt 1.16; A2025‑19 s 4
Cooperation with other jurisdictions
div 4.3 hdg(prev pt 4 div 3 hdg) renum R1 LA
Secrecy
div 4.4 hdg(prev pt 4 div 4 hdg) renum R1 LA
Gaming officers must respect confidentiality
s 35am A2001‑44 amdt 1.1872, amdt 1.1873
Permitted disclosures of a general nature
s 36am A2022‑14 amdt 3.101
Permitted disclosures to particular people
s 37am A2003‑58 amdt 1.2; A2009‑39 amdt 2.3; A2015‑50 amdt 3.109; A2018‑42 amdt 3.47; A2018‑45 s 12; pars renum R25 LA; A2019-14 s 10; pars renum R26 LA; A2018‑52 amdt 1.78; pars renum R27 LA; A2024-50 amdt 1.1; A2025‑19 s 5
Permitted disclosures—enforceable undertakings
s 37Ains A2018‑45 s 13
Public register—disciplinary actions and enforceable undertakings
s 37Bins A2018‑45 s 13
Rules of commission
s 47am A2001‑44 amdt 1.1874, amdt 1.1875; A2013‑19 amdt 3.167
Provisions of Taxation Administration Act apply
s 48am A2001‑49 amdt 2.25
Authorisation numbers for electronic gaming
pt 6A hdgins A2017‑42 amdt 3.11
Cap on number of authorisations for electronic gaming in ACT
s 50 hdgsub A2018‑45 s 14
s 50om A2006‑2 amdt 1.2
ins A2017‑42 amdt 3.11
am A2018‑45 s 15, s 16, amdt 2.1; A2023-36 amdt 1.157
Review of cap on number of authorisations
s 50Ains A2018‑45 amdt 2.2
am A2025-2 s 6, s 7
exp 31 December 2027 (s 50A (2))
Licences, authorisation certificates and authorisations—register and replacement copies
pt 6B hdgins A2018‑21 s 24
Definitions—pt 6B
s 51am A1999‑56 s 90 sch 3 (as am A2000‑80 amdt 3.5)
om A2006‑2 amdt 1.2
ins A2018‑21 s 24
def authorisation ins A2018‑21 s 24
def authorisation certificate ins A2018‑21 s 24
def authorisation number ins A2018‑21 s 24
def authorisation schedule ins A2018‑21 s 24
def casino FATG terminal ins A2018‑21 s 24
def casino gaming machine ins A2018‑21 s 24
def electronic gaming ins A2018‑21 s 24
def gaming machine ins A2018‑21 s 24
def general purpose ins A2018‑21 s 24
def interim purpose ins A2018‑21 s 24
def licence ins A2018‑21 s 24
def maximum number ins A2018‑21 s 24
def permit ins A2018‑21 s 24
om A2025‑3 amdt 1.10
def quarantine permit ins A2018‑21 s 24
om A2025‑3 amdt 1.10
def storage permit ins A2018‑21 s 24
Licences and authorisation certificates—register
s 52om A2006‑2 amdt 1.2
ins A2018‑21 s 24
am A2018‑45 s 17
Licences, authorisation certificates and authorisation schedules—replacement copies
s 53om A2006‑2 amdt 1.2
ins A2018‑21 s 24
Miscellaneous
pt 7 hdgorig pt 7 hdg om A2006‑2 amdt 1.2
(prev pt 9 hdg) renum A2006‑2 amdt 1.3
Racing
pt 8 hdgom A2006‑2 amdt 1.2
Service of documents
pt 8A hdgins A2001‑49 amdt 2.26
om A2006‑2 amdt 1.2
Service of documents etc on people generally
s 53Ains A2001‑49 amdt 2.26
om A2006‑2 amdt 1.2
Serving documents etc on commission
s 53Bins A2001‑49 amdt 2.26
om A2006‑2 amdt 1.2
Miscellaneous
pt 9 hdgrenum as pt 7 hdg
Acts and omissions of representatives
s 53Cins A2001‑49 amdt 2.27
sub A2004‑15 amdt 1.22
Protection for authorised officers
s 53CAins A2005‑52 amdt 1.127
Approved forms
s 53Dins A2001‑44 amdt 1.1876
(4)-(7) exp 12 September 2002 (s 53D (7))
am A2013‑19 amdt 3.167
Regulation-making power
s 54sub A2001‑44 amdt 1.1876
am A2018‑45 s 18
Appointment and terms of office of members of commission
sch 1om A2005‑52 amdt 1.128
Transitional—Casino (Electronic Gaming) Act 2017
pt 20 hdgins A2017‑42 amdt 3.12
om R28 LA
Transitional—Gaming Machine Act 2004, s 10 (3) instruments
s 100ins A2017‑42 amdt 3.12
om R28 LA
Expiry—pt 20
s 101ins A2017‑42 amdt 3.12
am A2018‑45 amdt 2.3
om R28 LA
Appointment of ordinary members
s 1.2am A2003‑14 amdt 1.60, amdt 1.61
om A2005‑52 amdt 1.128
Term of office
s 1.5am A2000‑80 amdt 1.1
om A2005‑52 amdt 1.128
Meetings
sch 2om A2005‑52 amdt 1.128
Meetings
s 2.7am A2004‑34 amdt 2.4
om A2005‑52 amdt 1.128
Dictionary
dictins A2005‑52 amdt 1.129
am A2011‑22 amdt 1.218; A2013‑19 amdt 3.168; A2014‑18 amdt 3.39; A2016‑52 amdt 1.93; A2018‑45 s 19; A2018‑52 amdt 1.79
def annual report ins A2004‑9 amdt 1.23
reloc from s 3 A2005‑52 amdt 1.113
def authorisation ins A2018‑21 s 25
def authorisation certificate ins A2018‑21 s 25
def authorisation number ins A2018‑21 s 25
def authorisation schedule ins A2018‑21 s 25
def authorised officer ins A2005‑52 amdt 1.129
def casino ins A2005‑52 amdt 1.129
sub A2006‑2 amdt 1.4
def casino FATG terminal ins A2018‑21 s 25
def casino gaming machine ins A2018‑21 s 25
def chief executive officer ins A2005‑52 amdt 1.129
def club licensee ins A2019-14 s 11
def code of practice reloc from s 3 A2005‑52 amdt 1.113
def commission ins A2005‑52 amdt 1.129
sub A2013‑19 amdt 3.169
def electronic gaming ins A2018‑21 s 25
def executive officer ins A2001‑49 amdt 2.19
reloc from s 3 A2005‑52 amdt 1.113
om A2013‑19 amdt 3.170
def gaming reloc from s 3 A2005‑52 amdt 1.113
sub A2009‑39 amdt 2.4
def gaming equipment reloc from s 3 A2005‑52 amdt 1.113
def gaming law am A2004‑34 amdt 2.1
reloc from s 3 A2005‑52 amdt 1.113
def gaming machine ins A2018‑21 s 25
def gaming officer ins A2005‑52 amdt 1.129
sub A2008‑28 amdt 3.93
def general purpose ins A2018‑21 s 25
def governing board ins A2005‑52 amdt 1.129
def inquiry reloc from s 3 A2005‑52 amdt 1.113
def interim purpose ins A2018‑21 s 25
def licence ins A2018‑21 s 25
def maximum number ins A2018‑21 s 25
def permit ins A2018‑21 s 25
om A2025‑3 amdt 1.11
def quarantine permit ins A2018‑21 s 25
om A2025‑3 amdt 1.11
def racing reloc from s 3 A2005‑52 amdt 1.113
def reciprocating jurisdiction am A2004‑34 amdt 2.2
reloc from s 3 A2005‑52 amdt 1.113
def storage permit ins A2018‑21 s 25
def workplace rights training ins A2019-14 s 12
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R0A
13 Feb 20061 Dec 1999–
20 Dec 2000A1999‑56 amendments by A1999‑56 R0B
13 Feb 200621 Dec 2000–
6 Sept 2001A2000‑80 amendments by A2000‑80 R1
2 Nov 200112 Sept 2001–
12 Sept 2002A2001‑49 amendments by A2001‑44 and A2001‑49 R2
13 Sept 200213 Sept 2002–
27 Mar 2003A2001‑49 commenced expiry R3
28 Mar 200328 Mar 2003–
8 Apr 2004A2003‑14 amendments by A2003‑14 R4
9 Apr 20049 Apr 2004–
12 Apr 2004A2004‑15 amendments by A2004‑15 R5
13 Apr 200413 Apr 2004–
16 June 2004A2004‑15 amendments by A2004‑9 R6
17 June 200417 June 2004–
31 Oct 2004A2004‑15 amendments by A2003‑58 R7
1 Nov 20041 Nov 2004–
31 Dec 2005A2004‑34 amendments by A2004‑34 R8
1 Jan 20061 Jan 2006–
30 Apr 2006A2005‑52 amendments by A2005‑52 R9
1 May 20061 May 2006–
11 Apr 2007A2006‑2 amendments by A2006‑2 R10
12 Apr 200712 Apr 2007–
10 July 2007A2007‑3 amendments by A2007‑3 R11
11 July 200711 July 2007–
25 Aug 2008A2007‑16 amendments by A2007‑16 R12*
26 Aug 200826 Aug 2008–
21 Mar 2010A2008‑28 amendments by A2008‑28 R13
22 Mar 201022 Mar 2010–
30 June 2011A2009‑39 amendments by A2009‑39 R14
1 July 20111 July 2011–
13 June 2013A2011‑22 amendments by A2011‑22 R15
14 June 201314 June 2013–
26 March 2014A2013‑19 amendments by A2013‑19 R16
27 Mar 201427 Mar 2014–
9 June 2014A2014‑4 amendments by A2014‑4 R17
10 June 201410 June 2014–
2 June 2015A2014‑18 amendments by A2014‑18 R18
3 June 20153 June 2015–
8 Dec 2015A2015‑16 amendments by A2015‑16 R19
9 Dec 20159 Dec 2015–
26 Apr 2016A2015-50 amendments by A2015-50 R20
27 Apr 201627 Apr 2016–
31 Aug 2016A2016-18 amendments by A2016-18 R21
1 Sept 20161 Sept 2016–
12 May 2018A2016‑52 amendments by A2016‑52 R22
13 May 201813 May 2018–
14 June 2018A2017‑42 amendments by A2017‑42 R23
15 June 201815 June 2018–
21 Nov 2018A2018‑21 amendments by A2018‑21 R24
22 Nov 201822 Nov 2018–
10 Dec 2018A2018‑42 amendments by A2018‑42 R25
11 Dec 201811 Dec 2018–
30 June 2019A2018‑45 amendments by A2018‑45 R26
1 July 20191 July 2019–
30 Nov 2019A2019‑14 amendments by A2019‑14 R27
1 Dec 20191 Dec 2019–
30 Apr 2020A2019‑18 amendments by A2018‑52 as amended by A2019‑18 R28
1 May 20201 May 2020–
23 Aug 2022A2019‑18 amendments by A2018-45 and expiry of transitional provisions (pt 20) R29
24 Aug 202224 Aug 2022–
26 Nov 2023A2022‑14 amendments by A2022‑14 R30
27 Nov 202327 Nov 2023–
19 Sept 2024A2023‑36 amendments by A2023‑36 R31
20 Sept 202420 Sept 2024–
26 Feb 2025A2024‑50 amendments by A2024‑50 R32
27 Feb 202527 Feb 2025–
20 Mar 2025A2025‑2 amendments by A2025‑2 R33
21 Mar 202521 Mar 2025–
30 June 2025A2025‑3 amendments by A2025‑3
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
© Australian Capital Territory 2025
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