Gambling Regulation (Pre-commitment and Loyalty Scheme) and Gambling Amendment Regulations 2023 (Vic)
Gambling Regulation (Pre-commitment and Loyalty Scheme) and Gambling Amendment Regulations 2023
S.R. No. 121/2023
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provision
3Commencement
4Principal Regulations
Part 2—Amendment of Principal Regulations
5Kiosks
6Registered player accounts
7Registered player cards
8Casual player cards
9Pre-commitment information brochures
10Provision of assistance
11Discouraging or drawing attention to the use of pre‑commitment and encouraging limit changing
12Inclusion of pre-commitment information in loyalty scheme application form
13Discouraging or drawing attention to the use of pre‑commitment and encouraging limit changing
14Information required before issuing loyalty player cards
15New Division 4 of Part 3 inserted
Part 3—Amendment of Gambling Regulations 2015
16Definitions
17Posters
18Schedule 6 amended
═════════════
Endnotes
STATUTORY RULES 2023
S.R. No. 121/2023
Gambling Regulation Act 2003
Gambling Regulation (Pre-commitment and Loyalty Scheme) and Gambling Amendment Regulations 2023
The Governor in Council makes the following Regulations:
Dated: 28 November 2023
Responsible Minister:
MELISSA HORNE
Minister for Casino, Gaming and Liquor RegulationANGELA SMITH
Clerk of the Executive Council
PART 1—PRELIMINARY
1Objectives
The objectives of these Regulations are—
(a)to amend the Gambling Regulation (Pre‑commitment and Loyalty Scheme) Regulations 2014 to prescribe matters for pre-commitment and loyalty schemes; and
(b)to amend the Gambling Regulations 2015 to prescribe infringement offences.
2Authorising provision
These Regulations are made under section 11.2.1 of the Gambling Regulation Act 2003.
3Commencement
These Regulations come into operation on 1 December 2023.
4Principal Regulations
In these Regulations, the Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014[1] are called the Principal Regulations.
PART 2—AMENDMENT OF PRINCIPAL REGULATIONS
5Kiosks
In regulation 8(2) and (3) of the Principal Regulations—
(a)in paragraph (a), after "is" insert "at least";
(b)in paragraph (b), for "the kiosk" substitute "a kiosk".
6Registered player accounts
In regulation 11(1) of the Principal Regulations—
(a)for "licensee, on request," substitute "licensee";
(b)after "system" insert "if the person requests or otherwise consents to an account being established".
7Registered player cards
In regulation 12(1), (2) and (4) of the Principal Regulations omit "or casino operator" (wherever occurring).
8Casual player cards
In regulation 13 of the Principal Regulations—
(a)subregulation (2) is revoked;
(b)in subregulation (3) omit "or casino operator".
9Pre-commitment information brochures
For regulation 14(1)(c) of the Principal Regulations substitute—
"(c)in relation to an approved venue, any other place where casual player cards are made available for players to collect; and".
10Provision of assistance
(1)Regulation 17(a) of the Principal Regulations is revoked.
(2)At the end of regulation 17 of the Principal Regulations insert—
"(2)A venue operator must, on request, assist a person who is in the approved venue to obtain a casual player card.
Penalty:20 penalty units.".
11Discouraging or drawing attention to the use of pre‑commitment and encouraging limit changing
(1)In regulation 18 of the Principal Regulations—
(a)subregulations (1)(a) and (5) are revoked;
(b)in subregulations (3) and (4) omit "or casino operator".
(2)After regulation 18(1) of the Principal Regulations insert—
"(1A)A venue operator must not discourage, hinder or obstruct a person from obtaining a casual player card.
Penalty:20 penalty units.".
12Inclusion of pre-commitment information in loyalty scheme application form
In regulation 22D(2) of the Principal Regulations, after "provider" (where secondly occurring) insert "in an approved venue".
13Discouraging or drawing attention to the use of pre‑commitment and encouraging limit changing
(1)In regulation 23 of the Principal Regulations—
(a)subregulation (1)(a) is revoked;
(b)in subregulation (3), after "provider" insert "who conducts a loyalty scheme in an approved venue".
(2)After regulation 23(1) of the Principal Regulations insert—
"(1A)A loyalty scheme provider who conducts a loyalty scheme in an approved venue must not discourage, hinder or obstruct a person from obtaining a casual player card.
Penalty:20 penalty units.".
14Information required before issuing loyalty player cards
For regulation 28(2) to (8) of the Principal Regulations substitute—
"(2)A venue operator must, before issuing a loyalty player card to a loyalty scheme participant, inform the loyalty scheme participant that the loyalty player card may be linked to a registered player account or may be used as a casual player card.
Penalty:20 penalty units.
(3)A casino operator must, before issuing a loyalty player card to a loyalty scheme participant, inform the loyalty scheme participant that the loyalty player card must be linked to a registered player account.
Penalty:20 penalty units.
(4)A venue operator must, before issuing a loyalty player card to a loyalty scheme participant, inform the loyalty scheme participant that the loyalty player card may be used to set a time limit or net loss limit or
track their gaming machine play under the pre-commitment system.
Penalty:20 penalty units.
(5)A casino operator must, before issuing a loyalty player card to a loyalty scheme participant, inform the loyalty scheme participant that the loyalty player card must be used to set a time limit and net loss limit and track their gaming machine play under the pre-commitment system.
Penalty:20 penalty units.
(6)A venue operator must, before issuing a loyalty player card to a loyalty scheme participant, ask the loyalty scheme participant whether they wish to use the loyalty player card to access the pre‑commitment system.
Penalty:20 penalty units.".
15New Division 4 of Part 3 inserted
After Division 3 of Part 3 of the Principal Regulations insert—
"Division 4—Other requirements
31Other requirements for loyalty scheme providers
(1)A loyalty scheme provider must not encourage or induce a person to obtain a casual player card rather than a registered player card.
Penalty:20 penalty units.
(2)A loyalty scheme provider must not require a person to participate in a loyalty scheme in order to use or access the pre-commitment system.
Penalty:20 penalty units.
(3)Subregulations (1) and (2) do not apply to a loyalty scheme provider who is a venue operator or casino operator.
Note
Similar requirements to subregulations (1) and (2) are imposed on a venue operator or casino operator by regulation 18.
32Opting out of loyalty schemes
For the purposes of section 3.5.39(1A) of the Act, the following information is prescribed—
(a)the name and contact details of the loyalty scheme provider;
(b)information about how the loyalty scheme participant can opt out of the loyalty scheme;
(c)information about how the participant's loyalty scheme tier status and benefits will be dealt with when they opt out;
(d)information about when the opt out will take effect after the participant requests to opt out.".
PART 3—AMENDMENT OF GAMBLING REGULATIONS 2015
16Definitions
In regulation 5(1) of the Gambling Regulations 2015[2], the definition of statement period is revoked.
17Posters
In regulation 12(3) of the Gambling Regulations 2015, for "subregulations (5) and (6)" substitute "subregulation (6)".
18Schedule 6 amended
(1)Items 7, 8, 13 and 15 of the table in Schedule 6 to the Gambling Regulations 2015 are revoked.
(2)After item 40 of the table in Schedule 6 to the Gambling Regulations 2015 insert—
"Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014 41 An offence against regulation 18(6) of the Gambling Regulation (Pre‑commitment and Loyalty Scheme) Regulations 2014 1 penalty unit 42 An offence against regulation 24(2) of the Gambling Regulation (Pre‑commitment and Loyalty Scheme) Regulations 2014 1 penalty unit 43 An offence against regulation 25(2) of the Gambling Regulation (Pre‑commitment and Loyalty Scheme) Regulations 2014 1 penalty unit 44 An offence against regulation 27(2) of the Gambling Regulation (Pre‑commitment and Loyalty Scheme) Regulations 2014 1 penalty unit 45 An offence against regulation 31(2) of the Gambling Regulation (Pre‑commitment and Loyalty Scheme) Regulations 2014 1 penalty unit Gambling Regulations 2015 46 An offence against regulation 12(1) of the Gambling Regulations 2015 3 penalty units 47 An offence against regulation 12(3) of the Gambling Regulations 2015 3 penalty units 48 An offence against regulation 14(1) of the Gambling Regulations 2015 3 penalty units 49 An offence against regulation 14(3) of the Gambling Regulations 2015 3 penalty units 50 An offence against regulation 17 of the Gambling Regulations 2015 3 penalty units".
═════════════
ENDNOTES
[1] Reg. 4: S.R. No. 172/2014 as amended by S.R. Nos 139/2015 and 12/2017.
[2] Reg. 16: S.R. No. 55/2015 as amended by S.R. Nos 55/2015, 139/2015, 111/2016, 12/2017, 1/2019 and 90/2020.
——
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2023 is $192.31. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
0
0
0