Gambling and Racing Control (Code of Practice) Amendment Regulation 2014 (No 1) (ACT)
Gambling and Racing Control (Code of Practice) Amendment Regulation 2014 (No 1)
Subordinate Law SL2014-17
The Australian Capital Territory Executive makes the following regulation under the Gambling and Racing Control Act 1999 and the Gaming Machine Act 2004.
Dated 25 July 2014.
Joy Burch
Minister
Andrew Barr
Minister
Gambling and Racing Control (Code of Practice) Amendment Regulation 2014 (No 1)
Subordinate Law SL2014-17
made under the
Gambling and Racing Control Act 1999 and the Gaming Machine Act 2004
Contents
Page
1 Name of regulation 1
2 Commencement 1
3 Legislation amended 1
4 Section 7, except note 1
5 Section 7, note 2
6 Section 9 2
7 New section 10 (1A) 3
8 Section 20 3
9 Schedule 1, section 1.2 (1) and examples 6
10 Schedule 1, section 1.4 6
11 Schedule 1, section 1.6 6
12 Schedule 1, section 1.9 (3) and (4) 9
13 Schedule 1, section 1.10 (1) (d) 10
14 Schedule 1, section 1.11 (3) (b) (ii) 10
15 Schedule 1, section 1.13 10
16 Schedule 1, section 1.14 (1), note 13
17 Schedule 1, section 1.14 (2) 13
18 Schedule 1, section 1.17 (3) 14
19 Schedule 1, section 1.18 14
20 Schedule 1, section 1.22 (1) 14
21 Schedule 1, section 1.22 (1), example 14
22 Schedule 1, section 1.22 (2) 15
23 Schedule 1, table 1.23 and example 15
24 Schedule 1, new section 1.23 (2A) 16
25 Schedule 1, section 1.23 (3) 16
26 Schedule 1, new section 1.23AA 16
27 Schedule 1, new section 1.25 (3) (a) (iv) to (vii) 17
28 Schedule 1, new section 1.25 (3) (c) 17
29 Schedule 1, new section 1.27A 18
30 Schedule 1, section 1.30 (2) (c) 18
31 Schedule 1, section 1.30 (3) 18
32 Schedule 1, section 1.30 (4) (a) 18
33 Schedule 1, new section 1.30 (6A) to (6D) 18
34 Schedule 1, new sections 1.30A and 1.30B 19
35 Schedule 1, section 1.31 (1) 21
36 Dictionary, definition of approved training program 21
37 Dictionary, definition of deed 21
38 Dictionary, new definitions 21
39 Further amendments, penalties 22
40Gaming Machine Regulation 2004
Section 29 (3), definition of prescribed amount 22
Name of regulation
This regulation is the Gambling and Racing Control (Code of Practice) Amendment Regulation 2014 (No 1).
Commencement
This regulation commences on a day fixed by the Minister by written notice.
Note 1The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
Note 3If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).
Legislation amended
This regulation amends the Gambling and Racing Control (Code of Practice) Regulation 2002.
NoteThis regulation also amends the Gaming Machine Regulation 2004 (see s 40).
Section 7, except note
substitute
Offences under pt 2
A person may be prosecuted under this part for an offence only if the person is someone mentioned in section 5, definition of licensee, paragraph (f).
Section 7, note
after
· a licensed provider under the Interactive Gambling Act 1998
insert
· a totalisator licensee
Section 9
substitute
Approved training programs
(1)A person may apply to the commission for approval of a training program about the responsible provision of gambling services.
NoteIf a form is approved under the Act, s 53D for this provision, the form must be used.
(2)The commission may approve a training program (an approved training program) if satisfied that the program content is relevant, sufficiently comprehensive, accurate and up-to-date.
NoteThe power to make an instrument includes the power to amend or repeal the instrument. The power to amend or repeal the instrument is exercisable in the same way, and subject to the same conditions, as the power to make the instrument (see Legislation Act, s 46).
(3)An approval is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(4)If the commission revokes an approval, the commission must give a reviewable decision notice setting out the reasons for the revocation to any person whose interests are affected by the decision.
NoteThe requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
(5)A person whose interests are affected by a decision of the commission to revoke approval of an approved training course may apply to the ACAT for review of the decision.
NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for this provision, the form must be used.
New section 10 (1A)
insert
(1A)A licensee commits an offence if the licensee contravenes the code of practice, section 1.6A (4) (Recording problem gambling incidents).
Maximum penalty: 10 penalty units.
Section 20
substitute
Exclusion register
(1)The commission must establish a register (an exclusion register) of people who are excluded from gambling at a gambling facility under the code of practice, division 1.2.3 (Exclusion from gambling generally).
NoteA licensee must exclude a person from gambling at a gambling facility if a deed or notice of exclusion applies to the person (see sch 1, s 1.13 and s 1.14).
(2)The exclusion register may be kept electronically.
(3)The exclusion register must include the following for each person excluded from gambling at a gambling facility:
(a)sufficient particulars to identify the person;
Examples
1the person’s name and address
2an image of the person’s face or a description of the person
NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(b)each gambling facility from which the person is excluded;
(c)the period of the exclusion from each gambling facility from which the person is excluded;
(d)for any deed or notice of exclusion applying to the person—
(i)a copy of the deed or notice; and
(ii)if a deed or notice of exclusion applied to the person in the 7 years before the day the current deed or notice of exclusion was entered into or given—a copy of the previous deed or notice.
(4)The commission or an approved person may—
(a)access the exclusion register; and
(b)add a person’s name to the exclusion register; and
(c)amend particulars of a person registered in the exclusion register.
(5)The commission may also—
(a)correct the exclusion register; and
(b)delete a person’s name from the exclusion register.
(6)In this section:
approved person means—
(a)a licensee of a gambling facility; or
(b)someone else approved by the commission.
20AExclusion register—offences
(1)A licensee of a gambling facility commits an offence if—
(a)the licensee fails to comply with the code of practice, section 1.13 (6) (Deeds of exclusion) or section 1.14 (2) (b) or (c) (Exclusion of people at risk or excluded under deed); or
(b)the licensee fails to look at the exclusion register within 3 consecutive trading days after the receipt of a written notification from the commission or an approved person of—
(i)the inclusion of the matters mentioned in section 20 (3) on the exclusion register; or
(ii)a change to the exclusion register made under section 20 (4) (b) or (c) or section 20 (5).
Maximum penalty: 10 penalty units.
(2)A person commits an offence if—
(a)the person—
(i)accesses the exclusion register; or
(ii)adds to, or deletes from, the exclusion register a person’s name; or
(iii)amends a person’s particulars on the exclusion register; and
(b)the person is not authorised under section 20 (4) or (5) to do so.
Maximum penalty: 10 penalty units.
(3)Strict liability applies to subsection (2) (b).
(4)In this section:
approved person—see section 20 (6) (Exclusion register).
Schedule 1, section 1.2 (1) and examples
substitute
(1)For this code of practice, a person has a gambling problem if the person has difficulty limiting the amount of money or time spent on gambling and this leads to adverse consequences for the person or another person.
Schedule 1, section 1.4
omit
5 years
substitute
3 years
Schedule 1, section 1.6
substitute
1.6Problem gambling incident register
(1)The commission must establish a register (a problem gambling incident register) of problem gambling incidents.
(2)The register may be kept electronically.
1.6ARecording problem gambling incidents
(1)A licensee of a gambling facility must keep a record of the following incidents (a problem gambling incident):
(a)anyone who shows signs of having a gambling problem when—
(i)in the gambling facility; or
(ii)dealing with the licensee;
(b)any action taken by the licensee in relation to the person.
Examples—signs that person has gambling problem
1 admitting being unable to stop gambling or to gamble within the person’s means
2 expressing concern about the amount of time or money the person spends on gambling
3 acknowledging the person spends on gambling money needed for day-to-day living expenses, including for dependents
4 having a disagreement with a family member or friend about the person’s gambling behaviour
5 making multiple ATM cash withdrawals in the gambling facility
Example—par (a) (ii)
contacting staff in the gambling facility by phone or email
NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(2)The record—
(a)for a prescribed licensee—must be kept on the problem gambling incident register; or
(b)for any other licensee—must be in writing.
NoteA licensee commits an offence if the licensee fails to make a record available for inspection when asked by the commission (see s 10).
(3)The record must include the following particulars:
(a)the date and nature of the problem gambling incident;
(b)the name and address (if known), or description, of the person involved in the incident;
(c)if any action was taken by the licensee in relation to the person—the following details:
(i)the action taken;
(ii)the names of the individuals who took the action;
(iii)any related action taken by someone else of which the licensee is aware.
Examples—subpar (iii)
1police arrest and charge the person for an offence relating to the problem gambling incident
2the person has been excluded from gambling at another gambling facility
(4)A licensee must, within 3 consecutive trading days after becoming aware of a problem gambling incident—
(a)for a prescribed licensee—record the incident in the problem gambling incident register; or
(b)for any other licensee—make a written record of the incident.
(5)In this section:
prescribed licensee means—
(a)a gaming machine licensee; and
(b)a casino licensee; and
(c)a totalisator licensee.
problem gambling incident register—see section 1.6.
Schedule 1, section 1.9 (3) and (4)
substitute
(3)A person is eligible to be appointed as a gambling contact officer by the licensee only if the person has successfully completed an approved training program within the previous 3 years.
NoteApproved training program—see the dictionary.
(4)To remain eligible for appointment, a gambling contact officer must successfully complete an approved GCO training session in each year of the officer’s appointment.
(5)The commission may exempt a gambling contact officer, in writing, from complying with subsection (3) or (4).
(6)An exemption may be conditional.
(7)In this section:
approved GCO training session means a training session approved by the commission for gambling contact officers about problem or responsible gambling.
Examples—training sessions
· conferences
· seminars
· online courses
· lectures
NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Schedule 1, section 1.10 (1) (d)
omit
Schedule 1, section 1.11 (3) (b) (ii)
after
deed
insert
of exclusion
Schedule 1, section 1.13
substitute
1.13Deeds of exclusion
(1)A person claiming to have a gambling problem (the gambler) may sign a deed (a deed of exclusion) under which the person can be excluded from gambling at the gambling facility or facilities stated in the deed.
NoteIf a form is approved under the Act, s 53D for this provision, the form must be used.
(2)The deed must state—
(a)the name of each gambling facility (the nominated facility) from which the gambler wishes to be excluded from gambling; and
(b)the period for which the gambler is to be excluded from the nominated facility (the exclusion period); and
(c)that in the exclusion period the licensee of the nominated facility may—
(i)remove the gambler from, or prevent the gambler from entering, the gaming area or gambling facility; or
(ii)otherwise exclude the gambler from participating in gambling activities at the facility.
Example—subpar (ii)
The XYZ Sports Club has a gaming area, bistro area and other facilities for use by its members. Kenny has entered into a deed of exclusion under which he agrees to be excluded from gambling at the gambling facility. The licensee of the gambling facility allows Kenny to enter the facility to use the bistro but does not allow Kenny to enter the gaming area.
NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(3)For subsection (2) (b), the exclusion period must be at least 6 months, but not longer than 3 years.
(4)If the gambler wants the deed to apply to the gambler, then the gambler must give the signed deed to 1 of the following (the receiver):
(a)the licensee of a facility stated in the deed;
(b)the commission;
(c)someone else approved by the commission.
(5)If the receiver is given a signed deed under subsection (4), the receiver must—
(a)immediately sign the deed; or
(b)if the deed is incomplete—
(i)ask the gambler, not more than 1 day after receiving the signed deed, to do whatever is necessary to complete the deed; and
(ii)sign the deed immediately after the gambler completes the deed.
(6)The receiver must, not more than 3 consecutive trading days after receiving the completed signed deed—
(a)give a copy of the signed deed to the gambler; and
(b)include the matters mentioned in section 20 (3) (Exclusion register) on the exclusion register; and
(c)tell each of the following that the matters mentioned in section 20 (3) have been included on the exclusion register:
(i)the licensee of each facility mentioned in the deed;
(ii)if the receiver is not the commission—the commission.
1.13ADeeds of exclusion—revocation
(1)This section applies if a person has signed a deed of exclusion under section 1.13.
(2)The person may revoke the person’s deed of exclusion before the end of the exclusion period.
NoteIf a form is approved under the Act, s 53D for this provision, the form must be used.
(3)The exclusion period ends on the first business day 7 days after the day the commission receives written notice from the person of the revocation, unless the person withdraws the revocation before that day.
(4)In this section:
exclusion period—see section 1.13 (2) (b).
Schedule 1, section 1.14 (1), note
omit
Schedule 1, section 1.14 (2)
substitute
(2)If a person is excluded under subsection (1) (a) the licensee must—
(a)give the person a notice (a notice of exclusion) stating—
(i)sufficient particulars to identify the person; and
(ii)each gambling facility from which the person is excluded from gambling; and
(iii)the period of the exclusion from each gambling facility from which the person is excluded from gambling; and
(iv)the reasons for the exclusion; and
NoteIf a form is approved under the Act, s 53D for this provision, the form must be used.
(b)include the matters mentioned in section 20 (3) (Exclusion register) on the exclusion register; and
(c)tell each of the following that the matters mentioned in section 20 (3) have been included on the exclusion register:
(i)the licensee of each facility mentioned in the deed;
(ii)the commission.
Schedule 1, section 1.17 (3)
omit
Schedule 1, section 1.18
substitute
1.18Licensee must keep deeds and notices of exclusion
(1)A licensee of a gambling facility must keep—
(a)the original of each deed of exclusion received by the licensee for 7 years from the day the deed is received; and
(b)a copy of each notice of exclusion given by the licensee for 7 years from the day the notice is given.
(2)The licensee must, if requested by the commission—
(a)allow the commission to inspect the deeds and notices; or
(b)give the commission a copy of a deed or notice.
Schedule 1, section 1.22 (1)
omit
$20 000
substitute
$25 000
Schedule 1, section 1.22 (1), example
omit
wind $25 000, and at 10 pm on Wednesday the casino pays the person $20 000
substitute
wins $30 000, and at 10 pm on Wednesday the casino pays the person $25 000
Schedule 1, section 1.22 (2)
omit
$20 000
substitute
$25 000
Schedule 1, table 1.23 and example
substitute
Table 1.23
column 1
item
column 2
type of licensee
column 3
maximum cash payable
1 bookmaker $25 000 2 totalisator $25 000 3 lotteries $5 000 4 keno $5 000 5 trackside $5 000 6 gaming machine $1 500 7 housie $1 250 Example
A gambling patron wins $30 000 on a totalisator on race 3 Flemington Racecourse. The person must not be paid more than $25 000 in cash and must be paid any balance by cheque or electronic funds transfer. However, the person can be paid winnings in cash of not more than $25 000 if the person wins on a subsequent race.
NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Schedule 1, new section 1.23 (2A)
insert
(2A)A gaming machine licensee must pay a gambling patron winnings from a gaming machine by cheque or electronic funds transfer if—
(a)the winnings are more than $300; and
(b)the patron has requested the winnings be paid by cheque or electronic funds transfer.
Schedule 1, section 1.23 (3)
omit
Schedule 1, new section 1.23AA
before section 1.23A, insert
1.23AANo winnings for excluded or underage patrons
(1)A licensee of a gambling facility must not knowingly pay winnings to a person who—
(a)has been excluded from gambling under section 1.14 (Exclusion of people at risk or excluded under deed); or
(b)is under 18 years old.
(2)The licensee must keep any winnings of a person mentioned in subsection (1) and distribute them to other patrons of the facility in a way approved in writing by the commission.
Schedule 1, new section 1.25 (3) (a) (iv) to (vii)
insert
(iv)the support services available to gamblers;
(v)the use of a deed of exclusion by a person who has a gambling problem, particularly—
(A)the availability and effect of a deed; and
(B)the confidentiality of a deed; and
(C)who may be given a copy of a deed;
(vi)the use of a notice of exclusion by the licensee in relation to a person who has a gambling problem;
(vii)the exclusion register; and
Schedule 1, new section 1.25 (3) (c)
insert
(c)for a gaming machine licensee—tells people that winnings from a gaming machine must be paid by cheque or electronic funds transfer if—
(i)the winnings are more than $300; and
(ii)the patron has requested the winnings be paid by cheque or electronic funds transfer.
Schedule 1, new section 1.27A
in part 1.3, insert
1.27AAlcohol service prohibited while gambling
A gaming machine licensee must not serve alcohol to a patron of the facility while the patron is—
(a)playing a gaming machine; or
(b)sitting at or standing by a gaming machine.
Schedule 1, section 1.30 (2) (c)
omit
Schedule 1, section 1.30 (3)
omit
Schedule 1, section 1.30 (4) (a)
substitute
(a)conduct a promotion or offer an inducement that encourages people to increase their intensity of betting at the facility; or
Examples—increased intensity of betting
1increasing the amount of money spent on betting at the facility in a particular period of time
2increasing the amount of each individual bet made at the facility
Schedule 1, new section 1.30 (6A) to (6D)
insert
(6A)A sports bookmaking licensee must not induce people to open a bookmaking customer deposit account.
Example
offering free or discounted gambling credits
(6B)If a person wishes to redeem points under a player reward scheme conducted by—
(a)a gaming machine licensee or a casino licensee at a gambling facility and the licensee offers gambling credits, the licensee must offer the person rewards or benefits other than gambling credits for the points; or
(b)a gaming machine licensee at a gambling facility, the licensee must not offer a reward or benefit to the person if the value of the reward or benefit is more than $1000.
(6C)For subsection (6B) (b), if a reward or benefit is made up of 2 or more parts, the value of the reward or benefit is the total value of all the parts.
(6D)In this section:
player reward scheme, at a gambling facility includes a player loyalty scheme, and means a scheme in which a patron of the facility—
(a)earns points by participating in an activity at the facility; and
(b)may redeem the points for a reward or benefit.
Schedule 1, new sections 1.30A and 1.30B
insert
1.30AGaming machine promotions—alternative ways to participate
(1)This section applies to a promotion conducted at a gambling facility that a patron of the facility may take part in by playing a gaming machine.
(2)The licensee of the gambling facility must ensure that there is at least 1 other way a patron of the facility may take part in the promotion.
Examples
1 entry to the facility
2 buying food or drink at the facility
NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
1.30BPersonally-addressed promotional material
(1)This section applies to the following licensees:
(a)a gaming machine licensee;
(b)a casino licensee;
(c)a totalisator licensee;
(d)a sports bookmaking licensee.
(2)A patron of a gambling facility may, in writing, ask the licensee of the facility to not send the patron promotional material.
(3)The patron may, in writing, revoke the patron’s request under subsection (2) at any time.
(4)If a patron makes a request under subsection (2), and does not revoke the request under subsection (3), the licensee must not send any promotional material to the patron that is personally-addressed to the patron.
Schedule 1, section 1.31 (1)
omit
or section 1.30 (Promotions and inducements)
substitute
, section 1.30 (Promotions and inducements), section 1.30A (Gaming machine promotions—alternative ways to participate) and section 1.30B (Personally-addressed promotional material)
Dictionary, definition of approved training program
omit
section 9 (Staff training)
substitute
section 9 (Approved training programs)
Dictionary, definition of deed
omit
Dictionary, new definitions
insert
deed of exclusion—see section 1.13 (Deeds of exclusion).
exclusion register—see section 20 (Exclusion register).
notice of exclusion—see section 1.14 (2) (a) (Exclusion of people at risk or excluded under deed).
sports bookmaking licensee means the holder of a sports bookmaking licence under the Race and Sports Bookmaking Act 2001.
totalisator licensee means a licensee under the Totalisator Act 2014.
trading day, for a licensee of a gambling facility, means a day when the licensee is open for business.
winnings, from a gaming machine, includes all accumulated credits on the machine (whether the credits were added by machine play or by a person adding credits to the machine).
Further amendments, penalties
omit
Maximum penalty: 5 penalty units.
substitute
Maximum penalty: 10 penalty units.
in
· section 8
· sections 10 to 12
· section 15
· sections 18 to 19
· sections 24 and 25
Gaming Machine Regulation 2004
Section 29 (3), definition of prescribed amountomit
item 4
substitute
item 6
Endnotes
Notification
Notified under the Legislation Act on 28 July 2014.
Republications of amended laws
For the latest republication of amended laws, see align="center">© Australian Capital Territory 2014
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