Gaming Machine Regulation 2004 (ACT)

In the matter of the Gaming Machine Regulation 2004 (ACT), the court was asked to consider compliance with specific requirements regarding cashless gaming systems. The dispute involved whether a licensee had properly adhered to the cashless gaming system operational requirements and whether they had appropriately managed unredeemed gaming credits. The decision was rendered by the Supreme Court of the Australian Capital Territory.

The primary legal issues the court addressed were whether the licensee had violated the cashless gaming system operational requirements by failing to keep accurate records and prepare monthly reports as mandated by the Regulation. Additionally, the court had to determine if the licensee had properly managed unredeemed gaming credits, particularly whether they had taken reasonable steps to redeem credits belonging to excluded individuals and distributed funds equivalent to expired gaming credits in accordance with the Regulation.

The court found that the licensee had failed to maintain adequate records and prepare the required monthly reports for the cashless gaming system, thus breaching the Regulation. It was determined that the licensee's control procedures did not meet the statutory requirements, resulting in an offence under the Regulation. Furthermore, the court held that the licensee had not taken reasonable steps to redeem gaming credits belonging to excluded individuals within the specified timeframe, nor had they distributed funds equivalent to expired gaming credits as mandated. This non-compliance constituted additional offences under the Regulation.

Consequently, the court found the licensee guilty of the offences as charged. The court emphasised the importance of strict compliance with the Regulation's requirements to ensure proper management of cashless gaming systems and the safeguarding of unredeemed gaming credits.