Gaming Machines Act 2001 Gaming Machines Amendment Regulation 2002 (2002-421) [GG No 106 of 28.6.2002, p 4731] (NSW)
2002 No 421
New South Wales
Gaming Machines Amendment
Regulation 2002
under the
Gaming Machines Act 2001
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Gaming Machines Act 2001.
J. RICHARD FACE, M.L.C.,
Minister for Gaming and Racing
Explanatory note
The object of this Regulation is to make a number of amendments to clarify the operation of the Gaming Machines Regulation 2002 or that are consequential on the recent amendments to the Gaming Machines Act 2001 made by the Gaming Machines Amendment Act 2002.
In particular, this Regulation:
| (a) | exemptscertainadvertisingbygamingmachinedealers(including manufacturers) from sections 43 and 44 of the Act (which prohibit gaming machine advertising and signs), and |
| (b) | requirescash-backterminalsinhotelsandclubstodisplaycounselling signage, and |
| (c) | provides that a social impact assessment (which is required to be provided when a hotelier or club applies for authorisation to keep additional gaming machines) cannot be approved if the application involves any approved amusement devices, and |
| (d) | provides for certain offences to be dealt with by way of penalty notices. |
This Regulation is made under the Gaming Machines Act 2001, including sections 43 (6), 44 (6) and 210 (the general regulation making power).
| Published in Gazette No 106 of 28 June 2002, page 4731 | Page 1 |
| [12] | |
| 2002 No 421 |
| Clause 1 | Gaming Machines Amendment Regulation 2002 |
Gaming Machines Amendment Regulation 2002
1 Name of Regulation
This Regulation is the Gaming Machines Amendment
Regulation 2002.
2 Commencement
This Regulation commences on 1 July 2002.
3 Amendment of Gaming Machines Regulation 2002
The Gaming Machines Regulation 2002 is amended as set out in
Schedule 1.
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2002 No 421
Gaming Machines Amendment Regulation 2002
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 3)
[1] Clause 20 Clearance and refilling of gaming machines in clubs
Omit “address” from clause 20 (4) (d). Insert instead “signature”.
[2] Clause 27 Signage to be displayed on ATMs and cash-back terminals
Insert “or cash-back terminal” after “(ATM)” in clause 27 (1).
[3] Clause 27 (3A)
Insert after clause 27 (3):
| (3A) | In the case of a cash-back terminal, the notice must also contain the following: Your player activity statement is available from the cashier |
[4] Clause 27 (5)
Insert “or cash-back terminal” after “ATM” wherever occurring.
[5] Clause 27 (6)
| Insert after clause 27 (5): (6) In this clause: |
cash-back terminal means a customer-operated payment machine that enables gaming machine players to cash in their credits or winnings.
[6] Clause 33 Classes of social impact assessment
Omit clause 33 (2). Insert instead:
| (2) | A class 1 social impact assessment is required to be provided | |
| if: | ||
|
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Gaming Machines Amendment Regulation 2002
| Schedule 1 | Amendments |
(i) the removal of a hotelier’s licence to other premises situated within 1 kilometre of the previous premises, or
(ii) the removal of a registered club to other premises situated within 1 kilometre of the previous premises,
and the number of approved gaming machines that are proposed to be kept in the other premises is no more than the number kept in the previous premises, or
| (b) | the application is made in connection with the transfer of poker machines entitlements from another hotel, or from other premises of a registered club, and the other hotel is, or the other premises are, situated within 1 kilometre of the hotel or club premises to which the application relates. |
| (2A) | Subclause (2): | |||
|
[7] Clause 35 Class 2 social impact assessment
Insert “in all hotels and registered clubs” after “being” in clause 35 (1) (b).
[8] Clause 35 (1) (c)
Omit “be authorised”. Insert instead “authorised”.
[9] Clause 35 (1) (d)
Insert “all hotels and registered clubs in” after “for”.
[10] Clause 35 (3) (a)
Omit the paragraph. Insert instead:
| (a) | a map of the local government area in which the hotel or club is situated indicating the location of the hotel or club, |
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Gaming Machines Amendment Regulation 2002
| Amendments | Schedule 1 |
[11] Clause 36 Submissions in relation to class 2 social impact assessment
Omit clause 36 (1) (f). Insert instead:
| (f) | any body that is located in the local government area in which the hotel or registered club is situated and that receives funding from the Casino Community Benefit Fund under the Casino Control Act 1992 for the specific purpose of providing gambling-related counselling or treatment services. |
[12] Clause 36 (2)
Omit “Any such body”. impact assessment”.
[13] Clause 37A
Insert after clause 37:
|
The Board cannot approve a social impact assessment in connection with an application to which Division 1 of Part 4 of the Act applies if any of the gaming machines to which the application relates are approved amusement devices.
[14] Clause 39 Operation of approval of social impact assessment
Omit clause 39 (3).
[15] Clause 41 Gaming machine advertising and signs—exclusions
| Omit “gambling-related” wherever occurring. Insert instead “gaming machine”. |
[16] Clause 41 (1) (a)
Insert “that is not ordinarily available to the general public” after “journal”.
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Gaming Machines Amendment Regulation 2002
| Schedule 1 | Amendments |
[17] Clause 41 (1) (c)
Insert at the end of clause 41 (1) (b):
, or
| (c) | at a trade convention involving the gaming machine industry, |
[18] Clause 41 (1A) and (1B)
Insert after clause 41 (1):
| (1A) | Without limiting subclause (1), gaming machine advertising is excluded from the operation of section 43 of the Act if the advertising: | |||||
|
(1B) Nothing in section 43 or 44 of the Act prohibits any of the
following:
| (a) | the use or display of the corporate name or logo (or other corporate identifier such as a brand name) of or belonging to a corporation that is the holder of a gaming machine dealer’s licence (including the use or display of any such name, logo or identifier on the corporation’s business premises or property (including vehicles), on corporate clothing worn by staff or on any other corporate merchandise), |
| (b) | the publishing of an annual report, or other similar corporate report or material, of any such corporation, |
| (c) | the operation of the website of any such corporation or of an industryassociation of which any such corporation is a member, |
| (d) | the use by any such corporation of call-waiting telephone messages that advertise gaming machines, |
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Gaming Machines Amendment Regulation 2002
| Amendments | Schedule 1 |
| (e) | any advertising by any such corporation in a telephone or internet directory, |
| (f) | the publication of analysts’ reports, newspaper reports or academic articles relating to any such corporation. |
[19] Clause 41 (6)
| Insert “gaming machine advertising for the purposes of section 43 of the Act or” after “constitute”. |
[20] Clause 41A
Insert after clause 41:
|
| (1) | A person must not, on and from 1 October 2002, display or cause to be displayed any outdoor sign that advertises approved gaming machines. |
| Maximum penalty: 100 penalty units. | |
| (2) | Subclause (1) extends to any such sign the display of which commenced before 1 October 2002. |
[21] Clause 43 Requirement to keep record or copies of player activity statements
| section 45 (4) of the Act”. |
Omit “each player activity statement provided by the hotelier or club under or club (whether or not provided under section 45 (4) of the Act)”.
[22] Clause 46 Provision of problem gambling counselling services
Omit “2 July 2002” from clause 46 (1). Insert instead “2 October 2002”.
[23] Clause 46 (2)
Omit “classes of”.
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Gaming Machines Amendment Regulation 2002
| Schedule 1 | Amendments |
[24] Clause 47 Self-exclusion schemes
Omit “2 July 2002” from clause 47 (1). Insert instead “2 October 2002”.
[25] Clause 47 (2)
Omit “by a hotelier or registered club”.
[26] Clause 47 (2) (b)
Omit “an undertaking”. Insert instead “a written and signed undertaking”.
[27] Clause 72 Details to be provided to Board in connection with disposal of authorised progressive gaming machines or systems
Insert “(or such later time as may be approved by the Board generally or in a particular case)” after “or system” in clause 72 (3).
[28] Clause 87 Player activity statements—player accounts
Omit clause 87 (3) (a)–(c).
[29] Clause 87 (3A)
Insert after clause 87 (3):
(3A) In addition to subclause (3), the following information in relation to the period covered by a player activity statement must be kept by the hotelier or club and be provided to the player on request:
| (a) | a list of each transaction involving the depositing of money into the player account at the cashier, |
| (b) | a list of each transaction involving the paying of credits into the player account as a result of playing electronic payment gaming machines, |
| (c) | a list of each transaction involving the withdrawal of money from the player account at the cashier. |
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Gaming Machines Amendment Regulation 2002
| Amendments | Schedule 1 |
[30] Clause 87A
Insert after clause 87:
|
A hotelier or registered club must keep a record or copy of any player activity statement made available by the hotelier or club under this Part.
Maximum penalty: 50 penalty units.
[31] Schedule 3 Penalty notice offences
Insert in appropriate order under the heading “Offences under the Act”:
|
misleading/omits material matter
[32] Schedule 3
| Insert in appropriate order under the heading “Offences under this Regulation”: | ||||||
|
statement
BY AUTHORITY
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