Gaming Machines (Gambling Regulation) (No 2) Variation Regulations 2020 (SA)
South Australia
Gaming Machines (Gambling Regulation) (No 2) Variation Regulations 2020
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 2020
4 Variation of regulation 3—Interpretation
5 Variation of regulation 5—Prescribed duties
6 Variation of regulation 6—Interpretation
7 Variation of regulation 7—Establishment of trading round
8 Variation of regulation 8—Offer to sell entitlement in trading round
9 Variation of regulation 12—Outcome of trading round
10 Revocation of regulation 16
11 Insertion of regulation 16
16 Statutory objective
12 Variation of regulation 19—Minister may grant exemptions
13 Insertion of regulation 20A
20A Exemption for gaming machines located on ocean going passenger vessels
14 Revocation of regulation 22
15 Substitution of regulations 25 to 27
25 Commissioner may exempt licensee from cash facilities limitations
26 Requirement for pre‑commitment system
27 Operation of gaming machine by insertion of a ticket—prescribed requirements
28 Operation of facial recognition system—prescribed requirements
29 Notice of application
16 Revocation of Schedules 1 and 2
17 Variation of Schedule 3—Voluntary Pre‑commitment Code
Part 1—Preliminary
1—Short title
These regulations may be cited as the Gaming Machines (Gambling Regulation) (No 2) Variation Regulations 2020.
2—Commencement
These regulations come into operation on 3 December 2020.
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 2020
4—Variation of regulation 3—Interpretation
Regulation 3—after the definition of Act insert:
ticket has the same meaning as in section 53A(9) of the Act.
5—Variation of regulation 5—Prescribed duties
Regulation 5(a)—after "winnings" insert:
(including redeeming the credit value of a ticket)
Regulation 5—after paragraph (e) insert:
(f)providing assistance to a person using a gaming machine operated by insertion of a ticket.
6—Variation of regulation 6—Interpretation
Regulation 6, definition of statutory objective—delete the definition
7—Variation of regulation 7—Establishment of trading round
Regulation 7(4)—delete subregulation (4)
8—Variation of regulation 8—Offer to sell entitlement in trading round
Regulation 8(2)—delete subregulation (2)
9—Variation of regulation 12—Outcome of trading round
Regulation 12—after subregulation (3) insert:
(3a)For the purposes of subregulation (3), a reference to a non‑profit association does not include the holder of the special club licence.
10—Revocation of regulation 16
Regulation 16—delete the regulation
11—Insertion of regulation 16
Before regulation 17 insert:
16—Statutory objective
For the purposes of section 27E(1) of the Act, the statutory objective is to reduce the number of gaming machines that may be operated in the State to a number not exceeding 13 081.
12—Variation of regulation 19—Minister may grant exemptions
Regulation 19(5)—delete subregulation (5)
Regulation 19(11)—after "vary" insert:
or revoke
13—Insertion of regulation 20A
After regulation 20 insert:
20A—Exemption for gaming machines located on ocean going passenger vessels
(1)A person is exempt from the provisions of the Act to the extent necessary for the purposes of allowing possession of a gaming machine on an ocean going passenger vessel engaged in a designated journey subject to the following conditions:
(a)a gaming machine must not be operated when the vessel is engaged in a designated journey;
(b)a person must not, without the prior written approval of the Commissioner, acquire or dispose of a gaming machine when the vessel is engaged in a designated journey;
(c)inspectors must, at any reasonable time when the vessel is engaged in a designated journey, be permitted to have access to the vessel on which the gaming machine is located.
(2)For the purposes of this regulation, an ocean going passenger vessel is engaged in a designated journey if the vessel—
(a)is transiting to or from a South Australian port or ports to or from locations overseas or interstate; or
(b)is transiting to or from a South Australian port or ports to or from a South Australian port or ports (which may include returning to the same port), in circumstances where such vessel is being predominantly operated for tourism and where any gaming conducted is ancillary, and includes where the vessel temporarily exits South Australian State waters at any time during that particular journey but does not berth at a port located overseas or interstate during that particular journey.
(3)In this regulation—
ocean going passenger vessel means a vessel containing a minimum of 100 passenger berths.
14—Revocation of regulation 22
Regulation 22—delete the regulation
15—Substitution of regulations 25 to 27
Regulations 25 to 27(inclusive)—delete the regulations and substitute:
25—Commissioner may exempt licensee from cash facilities limitations
(1)The Commissioner may, on application by the holder of a gaming machine licence in a manner and form determined by the Commissioner, exempt the holder of a gaming machine licence from the limitation on the amount of cash that may be provided by means of cash facilities on licensed premises specified in the application.
(2)An exemption under subregulation (1)—
(a)must specify—
(i)the premises to which the exemption relates; and
(ii)the type of cash facilities to which the exemption applies; and
(iii)the amount of cash that may be provided by means of a cash facility in a transaction or set of transactions on that cash facility, on any 1 debit or credit card within a 24 hour period; and
(b)may be varied or revoked as the Commissioner thinks fit.
26—Requirement for pre‑commitment system
For the purposes of section 53A(1)(d) of the Act, it is a requirement that a gaming machine be operated in connection with a pre‑commitment system operated by the licensee in compliance with the requirements of the Voluntary Pre‑commitment Code set out in Schedule 3.
27—Operation of gaming machine by insertion of a ticket—prescribed requirements
(1)For the purposes of section 53A(3)(c) of the Act, the holder of a gaming machine licence must not provide any gaming machine on the licensed premises that may be operated by insertion of a ticket unless the machine is operated in connection with a TITO system that complies and is operated in accordance with the requirements set out in this regulation.
(2)A TITO system must comply with the requirements of, and be operated in accordance with, the gambling administration guidelines issued under section 17 of the Gambling Administration Act 2019.
(3)A TITO system must not issue a ticket containing any form of promotional information or advertising.
(4)A TITO system must not allow a gaming machine to be operated by insertion of a ticket if the cash value of the ticket when redeemed would cause the credit meter on the machine to exceed $149.99.
(5)A TITO system must not issue a ticket with a credit value that is more than $5 000.
(6)The holder of a gaming machine licence must not allow a person to redeem the credit value of a ticket issued by a TITO system—
(a)by means of a TITO system—after 30 days from the date of issue of the ticket; or
(b)by other means—after 12 months from the date of issue of the ticket.
(7)If, on the second day of any calendar month, the total credit value of all unredeemed tickets issued by means of a TITO system operated in connection with gaming machines on particular premises is $50 or more, the holder of the gaming machine licence in respect of those premises must, before the last day of that calendar month, pay an amount equal to that total credit value to the Commissioner who must then pay that amount into the Gamblers Rehabilitation Fund.
(8)In this regulation—
TITO system means a system that enables the insertion and issue of tickets that may be redeemed for credit or cash value for the purpose of play on a gaming machine;
unredeemed ticket means a ticket issued by means of a TITO system with a credit value that is not, in accordance with subregulation (6), able to be redeemed (whether by means of a TITO system or by other means).
28—Operation of facial recognition system—prescribed requirements
(1)For the purposes of Schedule 1 paragraph (ka)(i) of the Act, the following requirements are prescribed in relation to the operation of a facial recognition system:
(a)data collected by the system may only be accessed by the system provider, the licensee, a gaming manager or a gaming employee;
(b)data collected by the system must not be used for or in connection with the following:
(i)encouraging or providing incentives to a person to gamble;
(ii)customer loyalty programs;
(iii)a lottery within the meaning of the Lottery and Gaming Act 1936 or the Lotteries Act 2019;
(iv)identifying a barred person in respect of premises other than the licensed premises in relation to which the system is operating;
(v)any other purpose notified by the Commissioner to the system provider or licensee.
(2)For the purposes of Schedule 1 paragraph (ka)(ii) of the Act, the following requirements are prescribed in relation to the recording of a person's facial image by means of an approved facial recognition system:
(a)the licensee must, by notice displayed at each entrance to a gaming area in a manner and form approved by the Commissioner, notify each person who is about to enter the gaming area that a record of the person's facial image will be made by means of the approved facial recognition system;
(b)the facial image of a person or any data recorded by the approved facial recognition system that identifies a person (other than a barred person), must not be retained by the licensee or on any system operated on or on behalf of the licensee after 72 hours of being recorded by the system.
29—Notice of application
A notice of application required to be given under the Act must—
(a)specify the full name and address for service of the applicant; and
(b)describe the nature of the application; and
(c)if the application is in respect of premises—
(i)specify the name or proposed name of all premises to which the application relates; and
(ii)specify the address of all premises or proposed premises to which the application relates; and
(d)specify the day that has been appointed for determination or hearing of the application by the Commissioner; and
(e)specify the address and website determined by the Commissioner at which the application and certain documents and material relevant to the application may be inspected; and
(f)include statements advising—
(i)that any person may, at least 7 days before the day appointed for determination or hearing of the application by the Commissioner, make written submissions to the Commissioner in respect of the application in a manner and form approved by the Commissioner; and
(ii)that a person who makes a written submission must give a copy of it to the applicant at the address for service provided in the notice at least 7 days before the day appointed for determination or hearing of the application by the Commissioner; and
(iii)that the application and certain documents and material relevant to the application may be inspected at the address and website determined by the Commissioner until the day appointed for determination or hearing of the application by the Commissioner.
16—Revocation of Schedules 1 and 2
Schedules 1 and 2—delete the Schedules
17—Variation of Schedule 3—Voluntary Pre‑commitment Code
Schedule 3, item 11, definition of ancillary screen—after "gaming machine" insert:
or attached or next to a gaming machine
Schedule 3, item 19—delete "enter into an agreement with the Minister to allow information recorded by the pre‑commitment system" and substitute:
, on the request of the Commissioner, provide to the Commissioner de‑identified information recorded by the pre‑commitment system
Made by the Governor
with the advice and consent of the Executive Council
on 30 July 2020
No 249 of 2020
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