Gaming Machines Amendment Regulation (No 2) 2002 (NSW)
2002 No 773
New South Wales
Gaming Machines Amendment
Regulation (No 2) 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.P.,
Minister for Gaming and Racing
Explanatory note
The objects of this Regulation are as follows:
| (a) | To provide that gaming machine advertising that appears as part of a problem gambling campaign conducted by or on behalf of the State is excluded from the operation of section 43 of the Gaming Machines Act 2001. Under that section, it is an offence to publish any form of advertising that gives publicity to the playing of gaming machines in hotels and clubs unless the advertising is excluded by the regulations. |
| (b) | To exclude retail shopping centres with less than 40 shops (and which contain a hotel) from the operation of section 60 of the Act. Under that section, gaming machines cannot be authorised to be kept in a hotel or club that is part of a retail shopping centre if the authorisation would result in an increase in the number of gaming machines to be kept in the hotel or club concerned. That section also provides that the authorisation to keep gaming machines in a hotel or club ceases when the hotel or club premises are moved or extended to a retail shopping centre. The exclusion provided by this Regulation will not apply in relation to any registered club that is part of a retail shopping centre with less than 40 shops. |
This Regulation is made under the Gaming Machines Act 2001, including sections
43 (6), 60 and 210 (the general regulation-making power).
| Published in Gazette No 178 of 18 October 2002, page 8808 | Page 1 |
| 2002 No 773 | |
| Clause 1 | Gaming Machines Amendment Regulation (No 2) 2002 |
Gaming Machines Amendment Regulation (No 2) 2002
under the
Gaming Machines Act 2001
1 Name of Regulation
This Regulation is the Gaming Machines Amendment Regulation
(No 2) 2002.
2 Amendment of Gaming Machines Regulation 2002
The Gaming Machines Regulation 2002 is amended as set out in
Schedule 1.
Page 2
2002 No 773
Gaming Machines Amendment Regulation (No 2) 2002
| Amendments | Schedule 1 |
| Schedule 1 Amendments |
(Clause 2)
[1] Clause 41 Gaming machine advertising and signs—exclusions
Insert at the end of clause 41 (1) (c):
, or
(d) as part of an advertising campaign conducted by or on behalf of the State in relation to problem gambling,
[2] Clause 138A
Insert after clause 138:
| 138A | Exclusion of retail shopping centres with less than 40 shops | |
|
(a)
the retail shopping centre comprises less than 40 shops, and
(b)
the retail shopping centre contains one, but not more than one, hotel:
(i)
that was part of the shopping centre as at the commencement of this clause, or
(ii)
that becomes part of the shopping centre as the result of the granting of an application under the Liquor Act 1982 (being an application that was made on or before 28 March 2000 but not determined by that date).
(2)
If an application to which Division 1 of Part 4 of the Act applies is made with respect to a hotel that is or becomes part of a retail shopping centre that is excluded under subclause (1) from the operation of section 60 of the Act, a class 2 social impact assessment is required to be provided in connection with the application.
(3) Subclause (2) has effect despite anything to the contrary in
section 34 (2) of the Act or clause 33 (2) of this Regulation.
BY AUTHORITY
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