Gaming Machines (Cash Facilities) Variation Regulations 2014 (SA)

South Australia

Gaming Machines (Cash Facilities) Variation Regulations 2014

under the Gaming Machines Act 1992

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Gaming Machines Regulations 2005

4            Substitution of regulation 15B

15B         Prescribed cash facilities limitations (section 51B of Act)

5            Variation of Schedule 3—Transitional regulations (section 87(5) of Act)

3            Transitional regulation—cash facilities limitations

Part 1—Preliminary

1—Short title

These regulations may be cited as the Gaming Machines (Cash Facilities) Variation Regulations 2014.

2—Commencement

1. Subject to subregulation (2), these regulations will come into operation on 1 February 2014.

2. Regulation 4 will come into operation immediately after the Gaming Machines (Cash Facilities) Variation Regulations 2013 (Gazette 5.12.2013 p4467) come into operation.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Gaming Machines Regulations 2005

4—Substitution of regulation 15B

Regulation 15B—delete the regulation and substitute:

15B—Prescribed cash facilities limitations (section 51B of Act)

(1)For the purposes of section 51B(1) of the Act, the following limitations are prescribed:

(a)in relation to an EFTPOS facility—

(i)each withdrawal from the facility must be for an amount not exceeding $200; and

(ii)a person operating the EFTPOS facility (being the licensee, an employee of the licensee or another person acting on behalf of the licensee) must confirm the withdrawal amount with the person obtaining cash from the EFTPOS facility immediately before the amount is withdrawn; and

(iii)cash may only be obtained—

(A)directly from a person operating the EFTPOS facility; or

(B)from a dispenser in the immediate vicinity of the EFTPOS facility (not being a dispenser that forms part of an automatic teller machine);

(b)in relation to an automatic teller machine—any withdrawal or withdrawals on any 1 debit or credit card must not exceed in total $250 in any period of 24 hours, or such higher monetary limit determined by the Commissioner with respect to an automatic teller machine on particular licensed premises on application by the relevant licensee.

(2)For the purposes of subregulation (1)(b)—

(a)an application to the Commissioner must be made in a manner and form determined by the Commissioner; and

(b)the Commissioner may vary or revoke a determination under that subregulation as the Commissioner thinks fit.

5—Variation of Schedule 3—Transitional regulations (section 87(5) of Act)

Schedule 3—after clause 2 insert:

3—Transitional regulation—cash facilities limitations

Section 51B of the Act (as inserted by section 94 of the Statutes Amendment (Gambling Reform) Act 2013) is, until 1 July 2014, modified in its application to the holder of a gaming machine licence such that the Commissioner may, by notice in the Gazette, exempt a licensee or a class of licensee (conditionally or unconditionally) from the operation of section 51B(2) with respect to the provision of an automatic teller machine on the licensed premises.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 30 January 2014

No 25 of 2014

MGA0014/13CS