Gambling Legislation Amendment (Pre-commitment and Carded Play) Act 2025 (Vic)

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Gambling Legislation Amendment (Pre-commitment and Carded Play) Act 2025

No. 18 of 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

Part 2—Amendment of Gambling Regulation Act 2003

3Definitions

4Offence to breach ban order

5Spin rates

6Payment of accumulated credits by cheque or electronic funds transfer

7New Subdivision 4 of Division 3 of Part 5 of Chapter 3 inserted

8Casino loyalty scheme information for data‑matching purposes

9New section 3.5.41B inserted

10Heading to Part 8A of Chapter 3 amended

12New sections 3.8A.13A to 3.8A.13C inserted

13Notice and publication requirements

14Heading to section 8.2.3 amended

15Section 10.7.12 substituted

16Schedule 1—Subject matter for regulations

Part 3—Amendment of Casino Control Act 1991

17Spin rates

Part 4—Repeal of this Act

18Repeal of this Act

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Endnotes

1     General information

Gambling Legislation Amendment (Pre-commitment and Carded Play) Act 2025

No. 18 of 2025

[Assented to 3 June 2025]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purpose

The main purpose of this Act is to amend the Gambling Regulation Act 2003 and the Casino Control Act 1991 in relation to pre-commitment and carded play.

2Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.


PART 2—AMENDMENT OF GAMBLING REGULATION ACT 2003

3Definitions

In section 1.3(1) of the Gambling Regulation Act 2003 insert the following definition—

"player account means an account established in accordance with the regulations for a person for the purposes of a pre-commitment system;".

4Offence to breach ban order

For section 2.5A.13(2) of the Gambling Regulation Act 2003 substitute

"(2)A person does not commit an offence against subsection (1) if—

(a)notice of the making of the order is not published in a newspaper circulating generally in Victoria; and

(b)the person is not aware of the making of the order.".

5Spin rates

(1)In section 3.5.30(1) of the Gambling Regulation Act 2003, after "machine" insert "that is of a type approved by the Commission under section 3.5.4 before 1 December 2025 or an earlier day declared by the Minister under subsection (2)".

(2)After section 3.5.30(1) of the Gambling Regulation Act 2003 insert

"(2)An entitlement holder must not allow a game to be played on a gaming machine that is of a type approved by the Commission under section 3.5.4 on or after 1 December 2025 or an earlier day declared by the Minister by notice published in the Government Gazette if the spin rate of the game is less than 3 seconds.

Penalty:20 penalty units.".

6Payment of accumulated credits by cheque or electronic funds transfer

After section 3.5.33(3A) of the Gambling Regulation Act 2003 insert

"(3B)A venue operator must not pay out, or allow another person to pay out, accumulated credits of $2000 or more from a gaming machine to a person unless the venue operator first verifies the person's identity in accordance with the prescribed requirements.

Penalty:120 penalty units.".

7New Subdivision 4 of Division 3 of Part 5 of Chapter 3 inserted

After section 3.5.33Q of the Gambling Regulation Act 2003 insert

"Subdivision 4—Carded play

3.5.33RApplication of Subdivision

(1)This Subdivision applies on and after 1 December 2025 or the earlier day declared by the Minister under subsection (2).

(2)The Minister, by notice published in the Government Gazette, may declare a day earlier than 1 December 2025 on and after which this Subdivision applies.

(3)The Minister may declare different days for the purposes of different provisions in this Subdivision.

(4)This Subdivision does not apply to, or in relation to, a casino operator.

3.5.33SPlayer card must meet prescribed requirements

A venue operator must not issue a player card to a person unless that player card meets the prescribed requirements.

Penalty:120 penalty units.

3.5.33TIdentity verification when issuing player cards

A venue operator must not issue a player card to a person unless the venue operator has verified the person's identity in accordance with the prescribed requirements (if any).

Penalty:120 penalty units.".

8Casino loyalty scheme information for data‑matching purposes

In section 3.5.41A(1) of the Gambling Regulation Act 2003 omit "of the Gambling Regulation Act 2003".

9New section 3.5.41B inserted

After section 3.5.41A of the Gambling Regulation Act 2003 insert

"3.5.41B   Approved venue loyalty scheme information for data-matching purposes

(1)This section applies in relation to a loyalty scheme conducted at an approved venue—

(a)on and after 1 December 2025 or the earlier day declared by the Minister under subsection (5); and

(b)if a direction is in force under section 3.8A.2 providing for a pre-commitment system in relation to the playing of gaming machines.

(2)The Minister may from time to time direct the loyalty scheme provider or venue operator to provide information derived from the loyalty scheme to the Minister or the Commission for the purpose of enabling the reconciliation of loyalty scheme information with information in relation to the pre‑commitment system.

(3)A loyalty scheme provider must comply with a direction given under subsection (2).

Penalty:20 penalty units.

(4)To avoid doubt, information that may be the subject of a direction under subsection (2) includes information that identifies, or is capable of identifying, a person who is or was a participant in the loyalty scheme.

(5)The Minister, by notice published in the Government Gazette, may declare a day earlier than 1 December 2025 on and after which this section applies.

(6)The Minister may declare different days in relation to different geographical areas.".

10Heading to Part 8A of Chapter 3 amended

In the heading to Part 8A of Chapter 3 of the Gambling Regulation Act 2003 omit "from 1 December 2015".

12New sections 3.8A.13A to 3.8A.13C inserted

After section 3.8A.13 of the Gambling Regulation Act 2003 insert

"3.8A.13A   Direction for player accounts

(1)The Minister may, by instrument, direct the monitoring licensee to ensure that a person cannot play a game on a gaming machine in an approved venue unless a player account has been established for the person.

(2)A direction under subsection (1) must be—

(a)given to the monitoring licensee; and

(b)published in the Government Gazette.

(3)It is a condition of the monitoring licence that the licensee must comply with a direction under subsection (1).

(4)A direction under subsection (1) may apply on different days in relation to different geographical areas, different venues or different gaming machines.

3.8A.13BTabling and revocation of direction by Parliament

(1)The Minister must cause a direction under section 3.8A.13A to be laid before each House of the Parliament within 10 sitting days after the direction is published in the Government Gazette.

(2)A direction under section 3.8A.13A is revoked in whole or part if—

(a)notice of a resolution to revoke the direction is given in a House of the Parliament on or before the 10th sitting day after the direction is laid before that House; and

(b)the resolution is passed by that House on or before the 12th sitting day after notice is given under paragraph (a).

(3)If a direction under section 3.8A.13A is revoked under subsection (2)—

(a)any provision of a previous direction under section 3.8A.13A that had been revoked by the direction comes back into operation from the beginning of the day on which the direction is revoked; and

(b)any provision of a previous direction under section 3.8A.13A that had been amended by the direction takes effect without that amendment from the beginning of the day on which the direction is revoked as if the amendment had not been made.

(4)The Minister must publish a notice of the revocation of a direction or part of a direction under subsection (2) in the Government Gazette.

3.8A.13COffence for venue operator to permit gaming on gaming machine other than by use of player card

(1)This section applies if a direction is in force under section 3.8A.13A.

(2)A venue operator must not allow a person to play a game on a gaming machine other than by use of a player card that meets the prescribed requirements and specifications.

Penalty:120 penalty units.

(3)Subsection (2) does not apply during any period approved by the Commission in accordance with the regulations if the venue operator complies with any conditions imposed by the Commission.

(4)This section does not apply to a venue operator who is a casino operator.

Note

Section 71C(1) of the Casino Control Act 1991 provides that a casino operator must not allow a game to be played in the casino other than by use of a player card that meets the prescribed requirements and specifications under that Act.".

13Notice and publication requirements

In section 4.5.30(3) of the Gambling Regulation Act 2003, for "if a sports betting provider is charged with an offence against section 4.5.31(1) it is a defence" substitute "a sports betting provider does not commit an offence against section 4.5.31(1)".

14Heading to section 8.2.3 amended

In the heading to section 8.2.3 of the Gambling Regulation Act 2003, for "$5000" substitute "$20 000".

15Section 10.7.12 substituted

For section 10.7.12 of the Gambling Regulation Act 2003 substitute

"10.7.12   Exceptions to offences in this Part

(1)A person does not commit an offence against section 10.7.3, 10.7.4 or 10.7.6 if—

(a)the minor concerned is above the age of 14 years at the time of the acts that would constitute the offence; and

(b)immediately before those acts, there was produced to the person acceptable proof of age for the minor.

(2)A person does not commit an offence against section 10.7.4(2), 10.7.4(3), 10.7.6 or 10.7.7 if—

(a)the minor concerned is an apprentice within the meaning of Part 5.5 of the Education and Training Reform Act 2006; and

(b)the minor's entry into the gaming machine area of the approved venue or casino is for the purpose only of the minor receiving training or instruction as an apprentice.".

16Schedule 1—Subject matter for regulations

(1)In item 3.26A of Schedule 1 to the Gambling Regulation Act 2003, for paragraphs (e) and (f) substitute

"(e)requirements in relation to the setting of time limits or net loss limits or both;

(f)the consequences and options for a person or play once a time limit or net loss limit is reached;".

(2)In item 3.26B of Schedule 1 to the Gambling Regulation Act 2003

(a)paragraph (c) is repealed;

(b)in paragraph (i), for "campaigns." substitute "campaigns;";

(c)after paragraph (i) insert

"(j)requirements in relation to the setting of time limits or net loss limits or both;

(k)the consequences and options for a person or play once a time limit or net loss limit is reached;

(l)procedures to be followed if player account equipment is unable to connect to a pre-commitment system;

Examples

Player account equipment is unable to connect to a pre-commitment system due to a failure of communications infrastructure or a technical outage in the pre-commitment system.

(m)technical standards for carded play or equipment systems that relate to carded play;

(n)the collection, storage, use and disclosure of data through carded play;

(o)information to be provided to players in relation to carded play;

(p)the requirements or specifications for player cards;

(q)the criteria that the Commission must apply in determining whether to approve a period under section 3.8A.13C(3), including conditions to be imposed on any such approval;

(r)procedures for applying for and issuing player cards and for creating player accounts;

(s)restrictions on the issuing of player cards;

(t)procedures for linking a player card issued or to be issued to a person to their identity and for verifying that identity;

(u)requirements for verifying a person's identity before paying winnings to them;

(v)requirements or procedures for verifying a person's identity to ensure that a player card being used by a person is linked to that person's identity;

(w)requirements and restrictions in relation to issuing player cards to self-excluded persons, and the use of player cards by self-excluded persons;

(x)the collection, storage, use and disclosure of information provided for the purpose of identity verification.".

PART 3—AMENDMENT OF CASINO CONTROL ACT 1991

17Spin rates

(1)In section 62AC(1) of the Casino Control Act 1991, after "machine" insert "that is of a type approved by the Commission under section 3.5.4 of the Gambling Regulation Act 2003 on or before 1 December 2025 or an earlier day declared by the Minister under subsection (2)".

(2)After section 62AC(1) of the Casino Control Act 1991 insert

"(1A)A casino operator must not allow a game to be played on a gaming machine that is of a type approved by the Commission under section 3.5.4 of the Gambling Regulation Act 2003 on or after 1 December 2025 or an earlier day declared by the Minister by notice published in the Government Gazette if the spin rate of the game is less than 3 seconds.

Penalty:20 penalty units.".

(3)In section 62AC(2) of the Casino Control Act 1991, for "Subsection (1) does" substitute "Subsections (1) and (1A) do".

PART 4—REPEAL OF THIS ACT

18Repeal of this Act

This Act is repealed on the first anniversary of its commencement.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.


Minister's second reading speech—

Legislative Assembly: 27 November 2024

Legislative Council: 20 March 2025

The long title for the Bill for this Act was "A Bill for an Act to amend the Gambling Regulation Act 2003 and the Casino Control Act 1991 in relation to pre-commitment and carded play and for other purposes."

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