Gaming Machines Regulation 2019 (NSW)

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Part 1Preliminary1Name of Regulation

This Regulation is the Gaming Machines Regulation 2019.

2Commencement

This Regulation commences on 1 September 2019 and is required to be published on the NSW legislation website.

Note.

This Regulation replaces the Gaming Machines Regulation 2010, which is repealed on 1 September 2019 under section 10(2) of the Subordinate Legislation Act 1989.

3Definitions(1)

In this Regulation—

authorised progressive system means a progressive system that the Authority has authorised a hotelier or registered club to operate in the hotel or on the club premises.

cash-back terminal means a customer-operated payment machine that enables gaming machine players to cash in their credits or winnings.

cash dispensing facility, for Part 3, Division 2—see clause 25A.

dealer means the holder of a dealer’s licence.

dealer’s premises, in relation to a dealer, means the premises or part of premises on or from which the dealer is authorised by the dealer’s licence to carry on the business or other activity authorised by the licence.

employee, for Part 3, Division 4A—see clause 50A.

gambling harm, for Part 3—see clause 18A.

gambling incident register, for Part 3—see clause 18A.

gaming area, for Part 3, Division 2—see clause 25A.

gaming plan of management, for Part 3, Division 4B, Subdivision 2—see clause 50O.

Liquor & Gaming NSW means the part of the Department of Enterprise, Investment and Trade known as Liquor & Gaming NSW.

logic board means a logic board of, or for incorporation into, an approved gaming machine.

memory chip means the verifiable read-only memory component of an approved gaming machine that stores the executable program or other fixed data.

multi-terminal gaming machine has the same meaning as in section 61 of the Act.

progressive system

  • (a)

    means 2 or more approved gaming machines that—

    • (i)

      are linked electronically to contribute a percentage of the money wagered on them to a separate progressive jackpot pool, and

    • (ii)

      comply with the guidelines for linked progressive systems of approved gaming machines issued by the Authority, and

    • (iii)

      are specially approved by the Authority for the purposes of Part 5, or are within a class of linked progressive systems of approved gaming machines specially approved by the Authority for the purposes of Part 5, and

    • (iv)

      have not been declared by the Authority as having ceased to be a progressive system, but

  • (b)

    does not include an authorised linked gaming system.

reportable gambling incidents, for Part 3—see clause 18A.

responsible gambling board oversight training, for Part 3, Division 5—see clause 51(1).

responsible gambling manager, for Part 3—see clause 18A.

responsible gambling officer, for Part 3—see clause 18A.

seller means the holder of a seller’s licence.

serial number of an approved gaming machine means the serial number allocated by a dealer to the gaming machine under Part 4.

technician’s place of business, in relation to a technician, means the premises—

  • (a)

    approved by the Authority at the time of grant of the technician’s licence, or

  • (b)

    subsequently approved by the Authority under Part 4,

as the premises on or from which the activities authorised by the licence are carried on.

the Act means the Gaming Machines Act 2001.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2)

Notes included in this Regulation do not form part of this Regulation.

cl 3: Am 2022 No 59, Sch 3.29; 2024 (250), Sch 1[1]–[4].

4Definition of “subsidiary equipment”

For the purposes of the definition of subsidiary equipment in section 4(1) of the Act, the following equipment, devices and systems are prescribed—

  • (a)

    a device or interface that connects a gaming machine to—

    • (i)

      a player reward scheme within the meaning of section 45 of the Act, or

    • (ii)

      a system relating to a promotional prize within the meaning of section 45 of the Act,

  • (b)

    a cash-back terminal,

  • (c)

    any device used to display the rules relating to approved gaming machines (including multi-terminal gaming machines).

Part 2Regulation and management of gaming machines—general provisions4APrescribed overall State cap on gaming machine entitlements

For the Act, section 10(1), the prescribed number is 95,739.

cl 4A: Ins 2023 (297), sec 3. Am 2024 (633), Sch 1[1]

5Limitation on types of gaming machines in hotels(1)

The Authority cannot authorise a multi-terminal gaming machine to be kept or operated in a hotel.

(2)

A hotelier must not install or keep a multi-terminal gaming machine in the hotel.

Maximum penalty—50 penalty units.

6Amendment of specification documents for gaming machines

The Authority may, from time to time, amend the specification document for an approved gaming machine by endorsing on it any modifications to the specifications that the Authority allows.

7Transfer of Authority’s functions to CMS licensee(1)

In accordance with section 67 of the Act, any function of the Authority under the Act (except under Part 10) in relation to the authorisation to keep approved gaming machines that are connected to an authorised CMS may, to the extent that those functions are carried out by electronic means through the operation of an authorised CMS, be exercised by the CMS licensee who is operating the authorised CMS.

(2)

The CMS licensee may not exercise any of the Authority’s functions that would result in an approved gaming machine being required to be withdrawn from operation unless the CMS licensee has the Authority’s approval to do so.

(3)

In exercising the functions of the Authority as referred to in this clause, the CMS licensee must—

  • (a)

    keep any records with respect to the authorisation of approved gaming machines that the Authority requires, and

  • (b)

    make any reports to the Authority with respect to the authorisation of approved gaming machines that the Authority requires, and

  • (c)

    comply with any directions issued by the Authority.

(4)

Compliance with subclause (3) is a condition of the CMS licence.

8Hotel gaming rooms(1)

In accordance with section 68 of the Act, this clause only applies in respect of a hotel licence if more than 10 approved gaming machines are kept in the hotel concerned.

(2)

If, because of section 68 of the Act, a hotelier is required to locate approved gaming machines in a gaming room, the gaming room must conform to the following requirements—

  • (a)

    the gaming room must be located in a bar area of the hotel, and it must not be in a part of the hotel in respect of which a minors area authorisation under section 121 of the Liquor Act 2007, or a minors functions authorisation under section 122 of that Act, is in force,

  • (b)

    the gaming room must be physically separated from the general bar area by a permanent floor to ceiling wall with at least the bottom half of such wall being constructed of opaque material, and any building approval for any work that is required to be done must be obtained before the approved gaming machines may be kept in the hotel,

  • (c)

    patrons must not be compelled to pass through the gaming room in order to enter or leave the hotel or in order to gain access to another part of the hotel,

  • (d)

    entry to the gaming room must be provided free of charge,

  • (e)

    any approved gaming machine in the gaming room must be situated so that it cannot be seen from any place outside the hotel that is used by the public or to which the public has access,

  • (f)

    the gaming room must at all times be supervised by the hotelier or an employee of the hotelier by way of electronic means or physical presence, or both,

  • (g)

    the gaming room must have a doorway or space that provides reasonable access to and from the gaming room to at least one operating bar, and at least one toilet for each gender, elsewhere in the hotel without the need for a patron to go on to a public street, or to any other area not forming part of the hotel, when moving from the gaming room to that bar or toilet or from that bar or toilet to the gaming room,

  • (h)

    if the gaming room can be accessed directly from a public street, each doorway or space in the gaming room that provides access to and from the rest of the hotel must be clearly marked as providing such access and be evident to patrons in the gaming room,

  • (i)

    the gaming room must not be a room, or in a location, that has access to another licensed premises,

  • (j)

    any approved gaming machine in the gaming room must be situated so it cannot be seen from within another licensed premises.

(3)

The requirement under subclause (2)(b) for a gaming room to be physically separated from the general bar area of a hotel does not—

  • (a)

    prevent the provision of a doorway or equivalent space to facilitate access by patrons to and from the gaming room, and

  • (b)

    operate so as to require the permanent wall to extend beyond any counter that is designed to serve patrons in both the gaming room and the general bar area.

(4)

More than one gaming room may be provided by a hotelier in the hotel.

cl 8: Am 2024 (250), Sch 1[5].

9Terms and conditions of contracts in relation to gaming machines

For the purposes of section 72 of the Act, the prescribed terms and conditions of a contract for the keeping or modification of an approved gaming machine are terms and conditions setting out—

  • (a)

    the serial number of the gaming machine, and

  • (b)

    the place where the gaming machine is or is to be installed, and

  • (c)

    the period the contract is to be in force, and

  • (d)

    the consideration and the interest rate (if any) chargeable, and

  • (e)

    if there is an option to purchase, the residual value required to exercise that option.

10Faulty gaming machines(1)

This clause applies to a fault that affects the playing or result of any game playable by means of an approved gaming machine or the accuracy of any reading of any meter in an approved gaming machine.

(2)

If a hotelier or registered club finds or becomes aware of a fault to which this clause applies in an approved gaming machine kept by the hotelier or on the club premises, the hotelier or club—

  • (a)

    must switch off the gaming machine as soon as practicable, and

  • (b)

    must cause a notice to be attached to the gaming machine indicating that it is faulty, and

  • (c)

    must not permit a member of the public to play or attempt to play a game by means of the gaming machine until the fault has been rectified.

Maximum penalty—50 penalty units.

11Other requirements relating to prizes(1)

A hotelier or registered club must not, except with the Authority’s approval, vary the prize schedule of any approved gaming machine kept in the hotel or on the club premises.

(2)

A hotelier or registered club must not permit an approved gaming machine kept in the hotel or on the club premises to be operated unless the gaming machine has been adjusted so that the value of the prizes won by players of the gaming machine is not less than 85% of the total money paid by the players of the gaming machine.

(3)

If a hotelier or registered club offers or provides non-monetary prizes, the hotelier or club must make the following information readily accessible in any area of the hotel or club in which approved gaming machines are located—

  • (a)

    the nature or form of prizes offered,

  • (b)

    the terms on which prizes are awarded or paid,

  • (c)

    the right of a prizewinner to choose to receive money instead of any non-monetary prize awarded,

  • (d)

    any option available to a prizewinner to transfer a non-monetary prize for another non-monetary item or right,

  • (e)

    if the award of a non-monetary prize will not be made within 48 hours of the request for the prize—the time in which the hotelier or club will award the prize.

(4)

A hotelier or registered club, or a person acting on behalf of the hotelier or club, who purchases an item to be offered as a prize must, unless the Authority approves otherwise, purchase the item directly from a person whose business comprises the production or sale of items of that kind.

Maximum penalty—50 penalty units.

12Records relating to prizes to be kept by clubs

A registered club must keep or cause to be kept a written record with respect to the awarding or payment of each prize and the payment of short-pay of an approved gaming machine kept on the club premises (other than monetary payments released directly by the gaming machine or prizes awarded or paid by way of redemption of a gaming machine ticket within the meaning of Part 7) that contains the following particulars—

  • (a)

    the date of the award or payment,

  • (b)

    the serial number of the gaming machine in respect of which the award or payment was made,

  • (c)

    the number of credits accumulated that are to be redeemed,

  • (d)

    the amount of the prize, the value of the credits or the amount of the short-pay,

  • (e)

    the name and signature of the person to whom the award or payment was made,

  • (f)

    the name and signature of an employee or person authorised by the club certifying that the employee or person has sighted the number of credits and that the record made in accordance with this clause is correct in all details.

Maximum penalty—50 penalty units.

13Bet and prize limits on multi-terminal gaming machines

For the purposes of section 61(4) of the Act—

  • (a)

    $100 is prescribed as the maximum amount for any single bet on a multi-terminal gaming machine, and

  • (b)

    $500,000 is prescribed as the maximum amount of any prize that may be won from playing a multi-terminal gaming machine.

14Guarantee of prize payments from multi-terminal gaming machines(1)

If the maximum jackpot prize that may be won on a multi-terminal gaming machine kept on the premises of a registered club exceeds $20,000, the club must—

  • (a)

    establish with a financial institution a special account which is to have a balance equal to or greater than the total value of the jackpot prizes that may be won on each such gaming machine, or

  • (b)

    obtain a formal guarantee from a bank or recognised financial institution, or from a person or body approved by the Authority, for an amount equal to the total value of the jackpot prizes that may be won on each such gaming machine.

(2)

The registered club must keep or cause to be kept a written record, in a form approved by the Authority, of—

  • (a)

    any special account established under subclause (1)(a), or

  • (b)

    any guarantee obtained under subclause (1)(b).

Maximum penalty—50 penalty units.

15Clubs required to record certain information in relation to gaming machines(1)

A registered club must ensure that the requirements of this clause are complied with to the extent that they apply to the club.

Maximum penalty—50 penalty units.

(2)

A registered club must, at monthly intervals, record the following information in respect of each approved gaming machine kept on the club premises—

  • (a)

    a cash flow analysis,

  • (b)

    a comparison of cancelled credit meter readings with the corresponding entries in the club’s payout sheets,

  • (c)

    a comparison of the money out meter reading (in the case of an approved gaming machine that issues gaming machine tickets by means of equipment subsidiary to the gaming machine), or the cancelled credits payments meter reading (in the case of an approved gaming machine that issues gaming machine tickets otherwise than by means of subsidiary equipment), with the total of—

    • (i)

      the value of the gaming machine tickets issued from the gaming machine, being gaming machine tickets that have been redeemed, and

    • (ii)

      the value of the unclaimed gaming machine tickets issued from the gaming machine.

(3)

The cash flow analysis must be in or to the effect of a form approved by the Secretary.

(4)

The information contained in a record referred to in subclause (2) must be reported to the club’s board or committee at monthly intervals.

(5)

If a meter of an approved gaming machine kept on the premises of a registered club ceases to function or malfunctions, the club must cause it to be removed from play immediately and cause a notice to be attached to it indicating that it is faulty.

(6)

In this clause, gaming machine ticket and unclaimed gaming machine ticket have the same meanings as they have in Part 7.

16Record of work done by technicians(1)

For the purposes of section 76B of the Act—

  • (a)

    the following work is prescribed—

    • (i)

      the installation of an approved gaming machine,

    • (ii)

      the servicing or repair of an area or part of an approved gaming machine that is an area or part referred to in section 77(1) of the Act,

    • (iii)

      the servicing or repair of an approved gaming machine that involves the resetting of an electronic meter, and

  • (b)

    the details required to be recorded are as follows—

    • (i)

      the date the work was carried out,

    • (ii)

      the technician’s name and licence number,

    • (iii)

      the name and serial number of the gaming machine on which the work was carried out.

(2)

A technician who carries out work described in subclause (1)(a) must provide a written description of that work to the relevant hotelier or registered club as soon as practicable after completion of the work.

Maximum penalty—20 penalty units.

17Clearance and refilling of gaming machines in clubs(1)

A registered club must ensure that the approved gaming machines kept on the club premises are cleared of money and refilled with money by at least 2 of the following persons—

  • (a)

    an authorised person within the meaning of Part 7,

  • (b)

    the holder of a gaming-related licence who is exercising functions authorised by the licence,

  • (c)

    an inspector.

(2)

A registered club must keep or cause to be kept a written record, with respect to each clearance or refill of an approved gaming machine kept on the club premises, containing the following particulars—

  • (a)

    the date of the clearance or refill,

  • (b)

    the serial number of the gaming machine cleared or refilled,

  • (c)

    the amount cleared or refilled,

  • (d)

    the signatures of the persons who cleared or refilled the gaming machine certifying that the record made in accordance with this clause is correct in all details,

  • (e)

    in the event of a refill becoming necessary following a short-pay—the name and signature of the player.

Maximum penalty—50 penalty units.

Part 3Responsible gambling practices and other harm minimisation measuresDivision 1APreliminary

pt 3, div 1A: Ins 2024 (250), Sch 1[6].

18ADefinitions

In this part—

gambling harm means harm caused by, or associated with, gambling.

gambling incident register—see clause 50K(2)(a).

reportable gambling incidents—see clause 50K(3).

responsible gambling manager means a person employed or contracted by a hotelier or registered club who, when on duty—

  • (a)

    supervises the responsible gambling officers for the hotel or club who are on duty at the time, or

  • (b)

    is the person to whom a responsible gambling officer for the hotel or club reports.

responsible gambling officer, for a hotel or registered club, means a person appointed as a responsible gambling officer for the hotel or registered club under clause 50B.

cl 18A: Ins 2024 (250), Sch 1[6].

Division 1Provisions relating to player information18Display of information concerning chances of winning prizes on gaming machines(1)

A hotelier or registered club must display, in accordance with this clause, a notice providing information about the chances of winning a major prize from the operation of approved gaming machines in the hotel or on the club premises.

Maximum penalty—50 penalty units.

(2)

The notice must—

  • (a)

    be displayed in each part of the hotel, or in each part of the club premises, where approved gaming machines are located in such a manner and in such a place that it would be reasonable to expect that a person entering the part of the hotel or the club premises in which the notice is displayed would be alerted to its contents, and

  • (b)

    be in the form approved by the Secretary and published on a website maintained by Liquor & Gaming NSW.

cl 18: Am 2021 (2), Sch 1.3[1] [2].

19Approval of player information brochures in English and other languages(1)

In this clause—

player information means the following—

  • (a)

    information about the use of approved gaming machines,

  • (b)

    information about the chances of winning prizes from the playing of approved gaming machines,

  • (c)

    the GambleAware helpline funded by the Responsible Gambling Fund under the Casino Control Act 1992.

(2)

The Secretary may approve one or more pamphlets or brochures containing player information in the English language (referred to in this Division as an approved player information brochure).

(3)

The Secretary may approve one or more pamphlets or brochures in any language other than English—

  • (a)

    indicating the substance of the player information contained in an approved player information brochure, and

  • (b)

    advising that the player information will be supplied by the hotelier or registered club in that language on request by a patron of the hotel or club.

(4)

A pamphlet or brochure approved under subclause (3) may be combined with the approved player information brochure to which it relates.

(5)

Without limiting subclause (3), the Secretary may approve one or more pamphlets or brochures containing player information in any language other than English.

cl 19: Am 2021 (2), Sch 1.3[1]; 2024 (250), Sch 1[7].

20Provision of player information brochures in English(1)

If a hotelier or registered club is authorised to keep gaming machines, the hotelier or club must, in accordance with this clause, make copies of approved player information brochures available to patrons of the hotel or club.

Maximum penalty—50 penalty units.

(2)

Approved player information brochures must—

  • (a)

    be made available in each part of the hotel or part of the club premises in which approved gaming machines are located, and

  • (b)

    be displayed in a manner and place so that it would be reasonable to expect that a person entering the part of the hotel or club premises in which the brochures are required to be available would be alerted to their presence, and

  • (c)

    be in a form approved by the Secretary and published on a website maintained by Liquor & Gaming NSW.

cll 20: Am 2021 (2), Sch 1.3[1][2].

21Provision of player information brochures in other languages(1)

If the Secretary has approved a player information brochure in any language other than English, a patron of any hotel or registered club in which gaming machines are authorised to be kept may request the hotelier or club to supply the patron with a copy of the player information brochure in that language.

(2)

The hotelier or registered club must supply the brochure in accordance with a request made under subclause (1) as soon as practicable after being requested to do so.

Maximum penalty—50 penalty units.

(3)

The brochure must be in a form approved by the Secretary and published on a website maintained by Liquor & Gaming NSW.

cll 21: Am 2021 (2), Sch 1.3[1][2].

22Dangers of gambling—notices to be displayed on gaming machines(1)

A hotelier or registered club must, in accordance with this clause, display a notice containing a warning about gambling and advice for getting help with gambling harm on each approved gaming machine kept in the hotel or on the club premises.

Maximum penalty—50 penalty units.

(2)

The notice must—

  • (a)

    be positioned in a way so as to enable a person to clearly see the notice while playing the gaming machine, and

  • (b)

    be attached to the gaming machine or consist of a permanently visible light emitting display that forms part of the gaming machine, and

  • (c)

    be in a form approved by the Secretary and published on a website maintained by Liquor & Gaming NSW.

(3)

(Repealed)

cl 22: Am 2021 (2), Sch 1.3[1]–[5]; 2024 (250), Sch 1[8].

23Gambling counselling services—notice to be displayed(1)

If a hotelier or registered club is authorised to keep approved gaming machines, the hotelier or club must, in accordance with this clause, display a notice containing information about the availability of gambling counselling services.

Maximum penalty—50 penalty units.

(2)

The notice must—

  • (a)

    be displayed in each part of the hotel or club premises where approved gaming machines are located in a manner and place so that it would be reasonable to expect that a person entering the part of the hotel or club premises would be alerted to its contents, and

  • (b)

    be in a form approved by the Secretary and published on a website maintained by Liquor & Gaming NSW.

cl 23: Am 2021 (2), Sch 1.3[1] [2] [6].

24Signage to be displayed on ATMs and cash-back terminals(1)

If a hotelier or registered club is authorised to keep approved gaming machines, the hotelier or club must, in accordance with this clause, display a notice about getting help with gambling harm on, or in the immediate vicinity of, each automatic teller machine (ATM) or cash-back terminal installed in the hotel or on the club premises.

Maximum penalty—50 penalty units.

(2)

The notice must—

  • (a)

    be positioned so as to enable a person to clearly see the notice while using the ATM or cash-back terminal, and

  • (b)

    be in a form approved by the Secretary and published on a website maintained by Liquor & Gaming NSW.

(3)

The notice may be displayed on an ATM or cash-back terminal by a permanently visible light emitting display that forms part of the ATM or cash-back terminal.

cl 24: Am 2021 (2), Sch 1.3[1] [2]; 2024 (250), Sch 1[8].

Division 2Cheques and cash dispensing facilities25ADefinitions

In this division—

cash dispensing facility

  • (a)

    means a facility for the withdrawal or transfer of money from a bank or authorised deposit-taking institution, including an ATM or EFTPOS terminal, but

  • (b)

    does not include an EFTPOS terminal that is not used for the withdrawal of cash.

gaming area means—

  • (a)

    for a hotel—any of the following areas—

    • (i)

      if the hotel is required to have a gaming room under the Act, section 68—the gaming room,

    • (ii)

      another area or room in which approved gaming machines are located, or

  • (b)

    for a registered club—an area or room in which approved gaming machines are located.

cl 25A: Ins 2024 (250), Sch 1[9].

25Prohibitions on dealings with cheques(1)

If a hotelier or registered club is authorised to keep approved gaming machines, the hotelier or club must not—

  • (a)

    exchange a cheque for cash unless the cheque is made out to—

    • (i)

      the hotelier or the hotel owner, or

    • (ii)

      the club, or

  • (b)

    exchange a cheque for more than $400 in cash, or

  • (c)

    exchange more than one cheque for the same person on a single day for cash, or

  • (d)

    exchange a cheque for cash if a cheque previously exchanged for the person who tendered the cheque has not been met on presentation (unless the amount of the cheque not met was subsequently paid to the hotelier or club).

Maximum penalty—50 penalty units.

(2)

If a hotelier or registered club is authorised to keep approved gaming machines, the hotelier or club must bank any cheque that the hotelier or club has exchanged for cash within 2 working days after the day on which the cheque is accepted.

Maximum penalty—50 penalty units.

(3)

For the purposes of this clause, a cheque is considered to be made out to a hotelier or a hotel owner only if the hotelier or the hotel owner is the person specified in the cheque (originally and not by endorsement) as payee, whether by name or by indication by use of a name under which the business authorised by the hotel licence is conducted.

(4)

In this clause—

cash includes credits that can be used to play an approved gaming machine.

cheque has the same meaning as it has in the Cheques Act 1986 of the Commonwealth, but does not include a traveller’s cheque.

hotel owner means a person who owns (whether or not together with, or on behalf of, any other person) the business conducted under the authority of the hotel licence concerned.

26Payment of prize money by cheque or electronic funds transfer(1)

A hotelier or registered club must pay so much of the total prize money payable to a person as exceeds $5,000—

  • (a)

    by means of a crossed cheque payable to the person, or

  • (b)

    by means of electronic funds transfer, if available to the hotelier or registered club, but not earlier than 24 hours after the total prize money becomes payable.

Maximum penalty—50 penalty units.

(2)

If the total prize money payable to a person exceeds $5,000, a hotelier or registered club must, if the person so requests, pay the whole of the total prize money in the same manner as is required under subclause (1).

Maximum penalty—50 penalty units.

(3)

In this clause—

account means an account with a financial institution.

crossed cheque means a cheque crossed as referred to in section 53 of the Cheques Act 1986 of the Commonwealth.

total prize money means the total monetary value of credits displayed on an approved gaming machine at the end of a session of play on that machine. To avoid doubt, the total monetary value of credits is not subject to any deduction for the value of money inserted into the machine by the player.

cl 26: Am 2024 (250), Sch 1[10].

27Requirements relating to prize winning cheques

The following statement is prescribed for the purposes of section 47B(b) of the Act—

Prize winning cheque—cashing rules apply

28Location and line of sight of cash dispensing facilities—the Act, s 47(1)

A hotelier or registered club must not permit a cash dispensing facility to be visible—

  • (a)

    from an approved gaming machine in the hotel or registered club, or

  • (b)

    from within, or from an entrance to or exit from, a gaming area in the hotel or registered club.

Maximum penalty—50 penalty units.

(2)

A hotelier or registered club must not permit the following to be visible from a cash dispensing facility—

  • (a)

    an approved gaming machine or part of an approved gaming machine,

  • (b)

    a monitor used to display the jackpot prize from an authorised progressive system,

  • (c)

    an entrance to, or exit from, a gaming area.

Maximum penalty—50 penalty units.

(3)

If a cash dispensing facility is located in a hotel or on club premises, the hotelier or registered club must locate the cash dispensing facility—

  • (a)

    unless the Secretary has granted the hotelier or registered club an approval under subclause (6)—in a location outside a 5m radius of any entrance to, or exit from, a gaming area in the hotel or club, or

  • (b)

    if the Secretary has granted the hotelier or registered club an approval under subclause (6)—in the location specified in the approval.

Maximum penalty—50 penalty units.

(4)

A hotelier or registered club may apply to the Secretary for approval to locate a cash dispensing facility other than in accordance with subclause (3)(a) if it is not possible for the hotelier or registered club to comply with subclause (3)(a) because to do so would result in the hotelier or registered club contravening—

  • (a)

    the Environmental Planning and Assessment Act 1979, the regulations under that Act or an environmental planning instrument, or

  • (b)

    the Work Health and Safety Act 2011 or the regulations under that Act.

(5)

An application for an approval under subclause (4) must be in the form approved by the Secretary.

(6)

The Secretary may grant a hotelier or registered club an approval to locate a cash dispensing facility in a location other than in accordance with subclause (3)(a) only if the Secretary is satisfied—

  • (a)

    it is not possible for the hotelier or registered club to comply with subclause (3)(a) because to do so would result in the hotelier or registered club contravening a law or instrument referred to in subclause (4)(a) or (b), and

  • (b)

    the proposed location is the furthest possible location accessible to patrons from—

    • (i)

      the nearest approved gaming machine, and

    • (ii)

      the nearest entrance to, or exit from, a gaming area in the hotel or club.

(7)

If the Secretary grants an approval under subclause (6), the Secretary must give the hotelier or registered club written notice of the approval that specifies the location in which the cash dispensing facility must be located.

(8)

The Secretary may vary, revoke or suspend an approval under subclause (6) by giving written notice to the hotelier or registered club.

cl 28: Subst 2024 (250), Sch 1[11]. Am 2024 (633), Sch 1[2].

28ALocation of signage for cash dispensing facilities away from gaming machines—the Act, s 47

A hotelier or registered club must not permit signage in the hotel or on club premises advertising or giving directions to a cash dispensing facility that is visible from any of the following—

  • (a)

    an approved gaming machine,

  • (b)

    any part of a gaming area in the hotel or registered club.

Maximum penalty—50 penalty units.

cl 28A: Ins 2024 (250), Sch 1[12].

28BAdvertising of gaming machines not permitted on or near cash dispensing facilities—the Act, s 47(1)

A hotelier or registered club must not permit signage or advertising about gaming machines in the hotel or on club premises that is—

  • (a)

    located on, or part of, a cash dispensing facility, including on a digital display of a cash dispensing facility, or

  • (b)

    visible from a cash dispensing facility.

Maximum penalty—50 penalty units.

(2)

A hotelier or registered club does not contravene subclause (1) if the signage or advertising is a notice for the purposes of, and in accordance with, clause 24.

cl 28B: Ins 2024 (250), Sch 1[12].

Division 3Gaming machine threshold scheme29Interpretation(1)

In this Division—

venue (or relevant venue), in relation to a threshold increase application, means the hotel or club premises to which the application relates.

(2)

For the purposes of this Division, the internal floor space of a venue includes any outdoor dining area or other unenclosed seating area.

30Threshold increase ranges

For the purposes of section 35 of the Act—

  • (a)

    a low-range increase is any number from 1 to 20, and

  • (b)

    a mid-range increase is any number from 21 to 40, and

  • (c)

    a high-range increase is any number above 40.

31Threshold increase applications—general requirements(1)

A threshold increase application must—

  • (a)

    specify the internal floor space (in square metres) of the venue, and

  • (b)

    in the case of an application made by or in relation to a new hotel or new club—provide a map showing the location of the venue and the location of any school, place of public worship or hospital within 200 metres of the venue.

(2)

The gaming machine threshold for a new hotel or the premises of a new club cannot be increased if the hotel or club premises are situated in the immediate vicinity of a school, place of public worship or hospital.

(3)

In the case of a threshold increase application by a registered club, the application must, if the club is proposing to increase the gaming machine threshold for the venue to a number above 450 and the application is not required to be accompanied by a local impact assessment because of section 35(2) of the Act, demonstrate the following to the satisfaction of the Authority—

  • (a)

    that consideration has been given to assessing the impact of the additional gaming machines on the amenity of the local area and the action that will be taken to manage any negative impact,

  • (b)

    that appropriate harm minimisation and responsible gambling measures (in addition to those already required by law) are in place at the venue,

  • (c)

    that the proposed increase will result in additional benefits to club members or the community.

32Threshold increase applications—consultation requirements(1)

This clause applies in relation to a threshold increase application that is required to be accompanied by a class 2 LIA.

(2)

Before any such threshold increase application is made, the proposed applicant must notify each of the following about the proposed application—

  • (a)

    the local council for the area in which the relevant venue is situated,

  • (b)

    the local police,

  • (c)

    the local health district for the area in which the relevant venue is situated,

  • (d)

    any organisation that is located in the local statistical area in which the relevant venue is situated and that receives funding from the Responsible Gambling Fund under the Casino Control Act 1992 for the specific purpose of providing gambling-related counselling or treatment services,

  • (e)

    any other community services organisation listed by the local council for the area in which the relevant venue is situated as an organisation engaged in the provision, in the local community, of services relating to welfare, emergency relief, financial assistance, Aboriginal health, Aboriginal legal assistance or gambling and addiction counselling or treatment.

(3)

The notice must specify the following—

  • (a)

    the name and address of the venue,

  • (b)

    an explanation of the nature of the proposed application,

  • (c)

    the contact details of the person to whom submissions or inquiries about the proposed application may be made,

  • (d)

    the date (referred to as the date for close of submissions) by which submissions about the proposed application may be made, being a date that is not earlier than 90 days after the date of the notification,

  • (e)

    the date on which the proposed application is intended to be made to the Authority, being a date that is not less than 21 days after the date for close of submissions.

(4)

The class 2 LIA that is provided with a threshold increase application must include—

  • (a)

    a report on the results of the consultation process under this clause (with details of any meetings or discussions held in relation to the proposed application and the outcomes of those meetings or discussions), and

  • (b)

    a list (verified by statutory declaration of the hotelier or secretary of the club concerned) of the community services organisations notified of the proposed application.

33Class 1 LIA—information to be provided

A class 1 LIA must include the following information—

  • (a)

    if the threshold increase application to which the LIA relates is made in relation to a new hotel or a new club—a map showing the location of the venue and the location of any school, place of public worship or hospital within 200 metres of the venue,

  • (b)

    details of the benefits that the venue will provide to the local community if the threshold increase application is approved,

  • (c)

    details of any harm minimisation and responsible gambling measures that are in place at the venue (including specifying which of those measures are required by law and which of those are offered voluntarily by the venue),

  • (d)

    details of any additional positive contributions by the venue (as referred to in section 36B of the Act) in connection with the threshold increase application,

  • (e)

    any other information required by the Authority.

34Class 2 LIA—information to be provided(1)

A class 2 LIA must include the following information—

  • (a)

    the gaming machine threshold for the venue and the number by which it is proposed to be increased,

  • (b)

    the name, address and licence number of the venue,

  • (c)

    the name of the local statistical area in which the venue is situated and the name of any other local statistical area within 5 kilometres of the venue,

  • (d)

    a map of the area within a radius of 1 kilometre of the venue that shows the location of the venue and the location and name of any of the following that are situated in that area—

    • (i)

      any other licensed premises,

    • (ii)

      any school, hospital or place of public worship,

    • (iii)

      any sporting or community facility,

  • (e)

    the name and address of the owner of the business carried on under the licence for the venue (referred to as the business owner),

  • (f)

    the contact details of the business owner or person representing the business owner,

  • (g)

    any other information required by the Authority.

(2)

A class 2 LIA must include the following information—

  • (a)

    a description of the facilities provided by the venue and the activities conducted at the venue,

  • (b)

    details (including a floor plan) of the area or areas of the venue set aside or proposed to be set aside for playing gaming machines,

  • (c)

    details of any harm minimisation and responsible gambling measures that are in place at the venue (including specifying which of those measures are required by law and which of those are offered voluntarily by the venue),

  • (d)

    a current patron profile (based on a survey of patrons conducted in accordance with the guidelines under section 36C of the Act) that shows the distribution of places of residence, gender, occupation and age of patrons and other relevant information (such as cultural or ethnic background) relating to the venue’s patrons,

  • (e)

    an outline of any expected increase in patronage should the threshold increase application be approved,

  • (f)

    details of any additional positive contributions by the venue (as referred to in section 36B of the Act) in connection with the threshold increase application.

(3)

A class 2 LIA must include the following information—

  • (a)

    information relating to gaming machines and gaming machine entitlements in the relevant area for the venue (as provided to the applicant by the Authority),

  • (b)

    demographic and other social and economic information relating to the relevant area for the venue (as obtained by the applicant from the Australian Bureau of Statistics).

(4)

For the purposes of subclause (3), the relevant area for a venue is—

  • (a)

    the local government area in which the venue is situated, and

  • (b)

    any other local government area within 5 kilometres of the venue.

(5)

A class 2 LIA must—

  • (a)

    specify the positive impact (both social and economic) that the proposed increase in the gaming machine threshold for the relevant venue will have on the local community (including details of the benefits that the venue will provide), and

  • (b)

    specify any negative social or economic impact that the proposed increase may have on the local community and the action that will be taken to address that impact.

(6)

For the purposes of subclause (5), the local community comprises the following—

  • (a)

    the people in the area (or in the group) from which the persons using the services and facilities of the venue concerned are likely to be drawn,

  • (b)

    the people in the area (or in the group)—

    • (i)

      that is to derive, or that the Authority considers is likely to derive, social or economic benefit if the threshold increase application is approved, or

    • (ii)

      that is to suffer, or that the Authority considers is likely to suffer, social or economic detriment if the threshold increase application is approved.

35Provision of class 1 LIA in relation to amalgamated club premises in certain circumstances(1)

A local impact assessment that is required to be provided with a threshold increase application by a parent club in relation to its main premises is to be a class 1 LIA if—

  • (a)

    the gaming machine threshold of the main premises is being increased as a result of the transfer of gaming machine entitlements from the premises of the dissolved club, and

  • (b)

    the premises of the dissolved club are situated within a radius of 5 kilometres of the main premises of the parent club, and

  • (c)

    trading on the premises of the dissolved club has ceased permanently.

(2)

In this clause—

dissolved club, in relation to the amalgamation of registered clubs, means the club whose club licence is transferred under section 60 of the Liquor Act 2007 to another registered club.

main premises of a parent club means the premises that are, in the opinion of the Authority, the main premises of the club.

parent club, in relation to the amalgamation of registered clubs, means the registered club to which the club licence of another club is transferred under section 60 of the Liquor Act 2007.

(3)

This clause has effect despite section 35(4) of the Act.

36Special provision for clubs establishing adjacent to new development areas(1)

In this clause—

adjacent area means an area of land in a Band 1 LSA or Band 2 LSA that—

  • (a)

    is within 1 kilometre of a new development area within the meaning of section 37A of the Act, and

  • (b)

    does not, in the opinion of the Authority, have the full benefit of the services and facilities of the kind provided by registered clubs.

newly registered club means a registered club that has been granted a club licence within the last 12 months.

(2)

Despite section 35(4) of the Act, a class 1 LIA may be provided with a threshold increase application in relation to the premises of a newly registered club that are situated in an adjacent area if—

  • (a)

    the number to which the application relates is not more than 150, and

  • (b)

    the Authority is satisfied that the acquisition of a corresponding number of gaming machine entitlements in respect of those premises would not increase the density of gaming machines in the local statistical area in which the premises are situated to the extent that the classification of the area is affected.

(3)

If any such class 1 LIA is approved, the following provisions apply, to the exclusion of sections 20(3) and 37 of the Act, in relation to the registered club concerned—

  • (a)

    only one gaming machine entitlement for every 2 transfer blocks is required to be forfeited to the Authority under the Act in respect of the first 50 gaming machine entitlements that are transferred to the premises after the approval of the LIA,

  • (b)

    the club has up to 5 years from the date of the approval in which to acquire gaming machine entitlements for the number of gaming machines to which the threshold increase relates (the club’s special class 1 quota),

  • (c)

    if the club has not acquired gaming machine entitlements for its special class 1 quota at the end of that 5-year period, the Authority is to decrease the gaming machine threshold for the premises in accordance with the portion of the special class 1 quota that is not used during that period.

cl 36: Am 2024 (250), Sch 1[13] [14].

37Consultation and notice requirements(1)

If a threshold increase application requiring an LIA is made to the Authority, the applicant must, within 7 days of making the application—

  • (a)

    provide a copy of the application and the LIA to each of the following—

    • (i)

      the local council for the area in which the relevant venue is situated,

    • (ii)

      the local police, and

  • (b)

    notify each of the following that the application has been made, that the LIA has been provided with the application and that the application and the LIA may be inspected on the Liquor & Gaming NSW website—

    • (i)

      the local health district for the area in which the relevant venue is situated,

    • (ii)

      any organisation that is located in the local government area in which the relevant venue is situated and that receives funding from the Responsible Gambling Fund under the Casino Control Act 1992 for the specific purpose of providing gambling-related counselling or treatment services,

    • (iii)

      any other community services organisation listed by the local council for the area in which the relevant venue is situated as an organisation engaged in the provision, in the local community, of services relating to welfare, emergency relief, financial assistance, Aboriginal health, Aboriginal legal assistance or gambling and addiction counselling or treatment.

(2)

The applicant must advise each of the persons and bodies referred to in subclause (1) that they may make a written submission to the Authority in relation to the application and the LIA within 60 days (for a class 1 LIA) or 90 days (for a class 2 LIA) after the date notified on the Liquor & Gaming NSW website as the date on which the application was posted on that website.

(3)

The applicant must provide the Authority with a list (verified by statutory declaration of the hotelier or secretary of the club concerned) of the community services organisations that have been provided with a copy of the application.

(4)

In addition to subclause (1), the applicant must, within 7 days of making the application—

  • (a)

    publish a notice in a way the applicant considers appropriate to bring the notice to the attention of members of the public in the area in which the relevant venue is situated, and

  • (b)

    display a notice in a conspicuous area outside the relevant venue (or on the perimeter of the site if the venue has not been built).

(5)

The notices must—

  • (a)

    state that the application has been made and that the LIA has been provided with the application, and

  • (b)

    explain the nature of the application, and

  • (c)

    advise that the application and the LIA may be inspected on the Liquor & Gaming NSW website, and

  • (d)

    advise that any person may make a submission to the Authority in relation to the application and the LIA within 60 days (for a class 1 LIA) or 90 days (for a class 2 LIA) after the date notified on the Liquor & Gaming NSW website as the date on which the application was posted on that website.

cl 37: Am 2022 (798), Sch 1[1]–[4]; 2024 (250), Sch 1[15].

38Restriction on approving threshold increase applications for small venues—floor space requirements

The Authority may not approve a threshold increase application—

  • (a)

    in the case of a venue with an internal floor space of less than 250 square metres—if the approval would result in the gaming machine threshold for the venue being increased to more than 2, or

  • (b)

    in the case of a venue with an internal floor space of more than 250 square metres but less than 300 square metres—if the approval would result in the gaming machine threshold for the venue being increased to more than 4, or

  • (c)

    in the case of a venue with an internal floor space of more than 300 square metres but less than 350 square metres—if the approval would result in the gaming machine threshold for the venue being increased to more than 6, or

  • (d)

    in the case of a venue with an internal floor space of more than 350 square metres but less than 400 square metres—if the approval would result in the gaming machine threshold for the venue being increased to more than 8.

39Exemption from operation of section 37B(4) of Act for club premises in retail shopping centres(1)

For the purposes of section 37B(5)(a) of the Act, the prescribed number of shops is 40.

(2)

If an application is granted under the Liquor Act 2007 that results in the removal of a club licence, or the extension of the premises of a registered club, to premises that are part of a retail shopping centre, the registered club is exempt from the operation of section 37B(4) of the Act in relation to those premises if—

  • (a)

    the club was occupying premises in that same retail shopping centre as at 2 April 2002, and

  • (b)

    patrons will not be able to gain access to the club premises directly from the retail shopping centre, and

  • (c)

    the gaming machine threshold for the club premises is no more than the gaming machine threshold for the club premises immediately before the club licence was removed or the premises were extended.

40Time within which threshold increase applications to be dealt with(1)

The Authority must determine a threshold increase application—

  • (a)

    for an application not required to be accompanied by an LIA—within 60 days after the application is made, or

  • (b)

    otherwise—within 120 days after the last day for the making of submissions on the application.

(2)

An application is not considered to have been made until the Authority has accepted the application as being complete and properly made.

(3)

The period within which an application must be determined by the Authority is extended by any period allowed by the Authority for the provision of additional information by the applicant.

cl 40: Am 2024 (250), Sch 1[16].

Division 4Miscellaneous harm minimisation measures41Gaming machine advertising and signs—exclusions(1)

Any gaming machine advertising that appears—

  • (a)

    in a gaming machine industry trade journal that is not ordinarily available to the general public, or

  • (b)

    in any promotional material provided by a registered club to a member of the club in accordance with subclause (4), or

  • (c)

    in a publication for a trade convention involving the gaming machine industry, or

  • (d)

    at a trade convention involving the gaming machine industry, or

  • (e)

    as part of an advertising campaign conducted by or on behalf of the State in relation to gambling harm, or

  • (f)

    as an accidental or incidental accompaniment to publishing of other matter and for which the person publishing the other matter does not receive any direct or indirect benefit (whether financial or not) for publishing the gaming machine advertising (in addition to any direct or indirect benefit that the person received for publishing the other matter), or

  • (g)

    in a publication advertising a public exhibition held at a State-owned museum or similar public institution,

is excluded from the operation of section 43 of the Act.

(2)

Without limiting subclause (1), gaming machine advertising is excluded from the operation of section 43 of the Act if the advertising—

  • (a)

    relates to the supply, sale or manufacture of an approved gaming machine, and

  • (b)

    is directed to or at a person or body in the gaming machine industry, and

  • (c)

    is not on public display or accessible to the general public.

(3)

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 industry association of which any such corporation is a member,

  • (d)

    the use by any such corporation of call-waiting telephone messages that advertise gaming machines,

  • (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.

(4)

A registered club may send promotional material that contains gaming machine advertising (as referred to in section 43(6) of the Act) to a member of the club but only if—

  • (a)

    the member has expressly consented to receiving the promotional material and that consent has not been withdrawn, and

  • (b)

    the promotional material contains a statement to the effect that player activity statements are available on request in accordance with clause 42, and

  • (c)

    the promotional material contains a notice referred to in clause 22(1)(b), and

  • (d)

    the promotional material contains a statement to the effect that the member may at any time withdraw the member’s consent to receiving any further promotional material, and

  • (e)

    the promotional material includes information or advertising apart from gaming machine advertising, and

  • (f)

    the club keeps a written record of the member’s consent to receiving the promotional material, and

  • (g)

    the member is not a participant in a self-exclusion scheme under section 49 of the Act with the club.

(5)

Unless withdrawn by the member concerned, any such consent by a member of a registered club continues until the end of the membership period but may be renewed at the time the membership is renewed.

(6)

Any gaming machine advertising (including any such advertising that is also a gambling-related sign as referred to in section 44 of the Act) that—

  • (a)

    appears or is stated inside a hotel or on the premises of a registered club, and

  • (b)

    cannot be seen or heard from outside the hotel or club,

is excluded from the operation of section 43 of the Act.

(7)

If the name (including the registered business name) of a registered club, as at 2 April 2002, constitutes gaming machine advertising under section 43 of the Act or a gambling-related sign under section 44 of the Act, the club is exempt from those sections to the extent that the publishing or displaying of the name is an offence under those sections.

(8)

The mention of the name of a dealer or licensed auctioneer who supplies, sells or manufactures gaming machines does not, in itself, constitute gaming machine advertising for the purposes of section 43 of the Act.

(9)

An approved gaming machine does not, in itself, constitute gaming machine advertising for the purposes of section 43 of the Act or a gambling-related sign for the purposes of section 44 of the Act.

cl 41: Am 2024 (250), Sch 1[8].

42Provision of player activity statements under player reward schemes(1)

Player activity statements are required to be provided by a hotelier or registered club under section 45(4) of the Act only if the player reward scheme being conducted by the hotelier or club is one in which a participant’s activity in relation to playing gaming machines is recorded by electronic means.

Note.

Section 45(4) of the Act provides that it is an offence (with a maximum penalty of 100 penalty units) for hoteliers and clubs that conduct player reward schemes not to provide player activity statements in accordance with the regulations.

(2)

For the purposes of section 45(4) and (5) of the Act, player activity statements relating to the playing of approved gaming machines by the participants in a player reward scheme conducted by the hotelier or club must—

  • (a)

    be made available, on request by the participant to whom any such statement relates, on a monthly basis, and

  • (b)

    include, as a minimum, the information referred to in subclause (3).

(3)

The following information, provided in the form approved by the Authority, is the minimum information that must be included in a participant’s player activity statement—

  • (a)

    the total amount of turnover by the participant during the monthly period covered by the statement,

  • (b)

    the total wins recorded during the monthly period,

  • (c)

    the net expenditure (ie turnover less wins) during the monthly period,

  • (d)

    the total points earned and redeemed during the monthly period as the result of playing gaming machines under the scheme,

  • (e)

    the total length of time over each 24-hour period during the monthly period when the participant’s player card was inserted in gaming machines under the scheme (the daily record),

  • (f)

    the total length of time that the participant’s player card was inserted in gaming machines under the scheme during the monthly period.

(4)

The daily record is required to be included in the player activity statement only in respect of those days that the participant’s player card was used.

(5)

A player activity statement is to also include a note stating that the information detailed in the statement—

  • (a)

    only relates to the occasions on which the participant used his or her player card under the player reward scheme to play a gaming machine, and

  • (b)

    does not necessarily relate to all of the participant’s gaming machine activity during the monthly period, and

  • (c)

    may not include information about wins from playing gaming machines that are part of a linked gaming system within the meaning of Part 10 of the Act.

(6)

Information to the effect that player activity statements are available on request must be—

  • (a)

    given to each participant at the time the participant joins the player reward scheme conducted by the hotelier or registered club, and

  • (b)

    included in any promotional material relating to the player reward scheme.

(7)

A player activity statement must include a notice referred to in clause 22(1)(b).

(8)

Player activity statements must be provided free of charge by the hotelier or registered club.

43Requirement to keep record or copy of player activity statement

A hotelier or registered club must keep a record or copy of any player activity statement made available by the hotelier or club (whether or not provided under section 45(4) of the Act).

Maximum penalty—50 penalty units.

44Provision of problem gambling counselling services(1)

The persons who are to provide problem gambling counselling services as referred to in section 46 of the Act are those persons who have appropriate problem gambling counselling qualifications and who are employed or engaged by, or whose services are accessed through, any of the following bodies (referred to in this clause as service providers)—

  • (a)

    Australian Hotels Association (NSW),

  • (b)

    ClubsNSW,

  • (c)

    BetSafe,

  • (d)

    any other body that receives funding from the Responsible Gambling Fund under the Casino Control Act 1992 for the specific purpose of providing gambling-related counselling or treatment services.

(2)

A hotelier or registered club is required to make available at all times to the patrons of the hotel or club information as to the name and contact details of a problem gambling counselling service made available by or through a service provider.

(3)

The hotelier or registered club must also provide the information referred to in subclause (2)—

  • (a)

    to each person who is a participant in a self-exclusion scheme conducted by the hotelier or club under section 49 of the Act at the time the participant undertakes to be part of the scheme or as soon as practicable after that time, and

  • (b)

    to any other person whenever requested to do so.

(4)

A hotelier or registered club must display a notice that complies with subclause (5) in any part of the hotel or club premises in which approved gaming machines are located.

Maximum penalty—50 penalty units.

(5)

The notice must contain the following information—

  • (a)

    the name and contact details of the problem gambling counselling service referred to in subclause (2),

  • (b)

    a statement advising patrons that a self-exclusion scheme is available in the hotel or on the club premises for the benefit of patrons who wish to be prevented from entering or remaining in any nominated area of the hotel or club premises for the purposes of assisting patrons to control their gambling,

  • (c)

    the name and contact details of a person or body who is able to assist patrons with becoming participants in a self-exclusion scheme conducted in the hotel or on the club premises.

45Self-exclusion schemes

The minimum requirements that apply in relation to the establishment and conduct of a self-exclusion scheme under section 49 of the Act are as follows—

  • (a)

    the hotelier or registered club, or an employee of the hotelier or club, must not refuse a request by the participant (as referred to in section 49 of the Act) to enter into an arrangement under that section,

  • (b)

    the participant must give a written and signed undertaking that the participant will not gamble in the hotel or on the club premises for a period specified in the undertaking,

  • (c)

    the participant must be given an opportunity to seek independent legal or other professional advice at the participant’s own expense as to the meaning and effect of the undertaking before it is given,

  • (d)

    the participant must be provided by the hotelier or club, or an employee of the hotelier or club, with written information outlining the name and contact details of the problem gambling counselling service referred to in clause 44(2),

  • (e)

    the hotelier or club must ensure that responsible persons (within the meaning of section 49 of the Act) for the hotel or the club can readily identify the participant, whether by means of access to a recent photograph of the participant or otherwise,

  • (f)

    the participant must be prevented from withdrawing from the scheme within 6 months after requesting participation in the scheme.

46Provision of gambling contact cards(1)

A hotelier or registered club must display gambling contact cards in a card holder that is securely attached to each bank of approved gaming machines and that is positioned so as to enable a person to clearly see the gambling contact cards—

  • (a)

    while playing a gaming machine that is part of the bank of gaming machines, or

  • (b)

    when approaching the bank of gaming machines.

Maximum penalty—50 penalty units.

(2)

In this clause—

card holder means a clear, plastic, see-through container.

gambling contact card means a card, in a form approved by the Secretary, containing information in relation to—

  • (a)

    self-exclusion from any area of a hotel or the premises of a registered club, and

  • (b)

    contact details for problem gambling help options.

cl 46: Am 2021 (2), Sch 1.3[1].

47Offering of inducements to gamble

A hotelier or registered club must not—

  • (a)

    offer or supply, or cause or permit to be offered or supplied, any free or discounted liquor as an inducement to play, or to play frequently, approved gaming machines in the hotel or on the club premises, or

  • (b)

    offer, or cause or permit to be offered, free credits to players, or as an inducement to persons to become players, of approved gaming machines in the hotel or on the club premises.

Maximum penalty—50 penalty units.

48Notices relating to gaming machine areas in clubs(1)

A notice that complies with clause 52 of the Liquor Regulation 2018 must be conspicuously displayed in each gaming machine area of a registered club.

(2)

If subclause (1) is not complied with in relation to a registered club, the club and the secretary of the club are each guilty of an offence.

Maximum penalty—50 penalty units.

49Location of jackpot prize monitors for linked gaming systems under Part 10 of Act(1)

A hotelier or registered club must not permit any monitor that is used to display the jackpot prize from a linked gaming system operating in the hotel or on the club premises to be located in any part of the hotel or club premises other than—

  • (a)

    the bar area (within the meaning of the Liquor Act 2007) of the hotel or club premises, or

  • (b)

    in the case of a hotel that is required to have a gaming room under section 68 of the Act—the gaming room.

Maximum penalty—50 penalty units.

(2)

In this clause—

linked gaming system means an authorised inter-hotel linked gaming system, or an authorised inter-club linked gaming system, within the meaning of Part 10 of the Act, but does not include an authorised progressive system within the meaning of Part 5 of this Regulation.

50Publicity for prizewinners(1)

A hotelier, registered club or licensee, or an employee of a hotelier, registered club or licensee, must not publish or cause to be published anything which identifies any person who—

  • (a)

    wins a prize of more than $1,000 in value from playing an approved gaming machine in a hotel or on the premises of a registered club, and

  • (b)

    when claiming the prize, requests in writing to the hotelier, club or licensee, or to an employee of the hotelier, club or licensee, that anything disclosing the person’s identity not be published.

Maximum penalty—50 penalty units.

Note.

Publishing the identity of a prizewinner (regardless of whether the publication complies with this clause) is gaming machine advertising for the purposes of section 43 of the Act, and accordingly the publication cannot be seen or heard otherwise than inside the venue concerned.

(2)

A person who makes a request referred to in subclause (1)(b) may at any time revoke the request.

(3)

Subclause (1) does not apply to—

  • (a)

    a request that has been revoked by the prizewinner concerned, or

  • (b)

    the publication, inside the venue where the prize is won, of information—

    • (i)

      relating to the type or value of the prize won, and

    • (ii)

      that identifies the venue, or geographic location of the venue, where it was won.

(4)

In this clause—

licensee means the holder of a links licence or investment licence.

publish includes disseminate in any way, whether by oral, visual, written or other means (for example, dissemination by means of cinema, video, radio, electronics, the internet or television).

Division 4AResponsible gambling officers—the Act, s 47

pt 3, div 4A: Ins 2024 (250), Sch 1[17].

50ADefinition

In this division—

employee, of a hotelier or registered club, means a person carrying out work for the hotelier or registered club as—

  • (a)

    an employee, or

  • (b)

    a contractor or subcontractor, or

  • (c)

    an employee of a contractor or subcontractor, or

  • (d)

    an employee of a labour hire company who has been assigned to work in the hotel or registered club.

cl 50A: Ins 2024 (250), Sch 1[17].

50BAppointment of responsible gambling officers for hotels and registered clubs(1)

A hotelier or registered club may appoint an employee of the hotelier or registered club as a responsible gambling officer for the hotel or registered club.

(2)

A hotelier or registered club must ensure a sufficient number of responsible gambling officers are appointed to ensure compliance with the requirements of this division.

(3)

Before appointing an employee as a responsible gambling officer, the hotelier or registered club must—

  • (a)

    inform the employee about the duties of a responsible gambling officer, and

  • (b)

    ensure the employee understands the duties of a responsible gambling officer, and

  • (c)

    ensure the employee has the opportunity to raise issues about the duties of a responsible gambling officer.

cl 50B: Ins 2024 (250), Sch 1[17].

50CNumber of responsible gambling officers required to be on duty at all times(1)

A hotelier or registered club must have the following number of responsible gambling officers on duty at the hotel or club premises at all times when approved gaming machines are operating at the hotel or club premises—

  • (a)

    for a hotel or registered club with 21–99 gaming machine entitlements—1 officer, unless otherwise approved by the Secretary under clause 50E(1A),

  • (b)

    for a hotel or registered club with 100–299 gaming machine entitlements—

    • (i)

      2 officers, or

    • (ii)

      1 officer if approved by the Secretary under clause 50E(1)(a)(i),

  • (c)

    for a hotel or registered club with 300 or more gaming machine entitlements—

    • (i)

      3 officers, or

    • (ii)

      2 officers if approved by the Secretary under clause 50E(1)(a)(ii), or

    • (iii)

      1 officer if approved by the Secretary under clause 50E(1)(a)(i).

Maximum penalty—50 penalty units.

(2)

In this clause—

gaming machine entitlement includes a permit.

permit has the same meaning as it has for the Act, Part 3.

cl 50C: Ins 2024 (250), Sch 1[17]. Am 2024 (633), Sch 1[3] [4]

50DMidnight to 8am requirement for on-duty responsible gambling officers(1)

A hotelier or registered club must have the following number of responsible gambling officers on duty who, between midnight and 8am, maintain visibility of the approved gaming machines in operation—

  • (a)

    if, under clause 50C, 1 or 2 officers are required to be on duty at that time—1 of the officers required to be on duty under clause 50C,

  • (b)

    if, under clause 50C, 3 officers are required to be on duty at that time—2 of the officers required to be on duty under clause 50C.

Maximum penalty—50 penalty units.

(2)

A hotelier or registered club does not commit an offence under subclause (1) if the responsible gambling officer carries out other duties required under an Act or law.

cl 50D: Ins 2024 (250), Sch 1[17].

50ESecretary’s approval for number of responsible gambling officers(1)

The Secretary may grant an approval in writing to a hotelier or registered club for the purposes of clause 50C if satisfied—

  • (a)

    the number of approved gaming machines of the hotelier or registered club that are connected to an authorised CMS is—

    • (i)

      for approval of only 1 officer under clause 50C(b)(ii) or 50C(c)(iii)—no more than 75, or

    • (ii)

      for approval of only 2 officers under clause 50C(c)(ii)—no more than 224, and

  • (b)

    the circumstances under paragraph (a) will continue for more than 3 months after the date on which the approval is given.

(1A)

The Secretary may grant an approval in writing to a hotelier or registered club for the purposes of clause 50C(1)(a) if satisfied—

  • (a)

    the number of gaming machine entitlements of the hotelier or registered club is at least 21 and less than 100, and

  • (b)

    the number of approved gaming machines connected to an authorised CMS is no more than 15, and

  • (c)

    the circumstances under paragraphs (a) and (b) will continue for more than 3 months after the date on which the approval is given.

(2)

The Secretary’s approval for the hotelier or registered club is taken to be revoked on the earlier of the following dates—

  • (a)

    the date that is 12 months after the date on which the approval is granted, or

  • (b)

    the first date on which the number of approved gaming machines of the hotelier or registered club that are connected to the authorised CMS is—

    • (i)

      for approval of only 1 officer under clause 50C(b)(ii) or 50C(c)(iii)—more than 75, or

    • (ii)

      for an approval of only 2 officers under clause 50C(c)(ii)—more than 224.

cl 50E: Ins 2024 (250), Sch 1[17]. Am 2024 (633), Sch 1[5].

50FDuties of responsible gambling officers(1)

A responsible gambling officer has the following duties—

  • (a)

    to identify patrons who are, or are at risk of, experiencing gambling harm,

  • (b)

    to identify patrons who are displaying behaviour related to gambling harm,

  • (c)

    to make inquiries with a patron if the officer suspects the patron is, or is at risk of, experiencing gambling harm,

  • (d)

    to notify senior management of serious instances of patrons who are, or are at risk of, experiencing gambling harm for the purposes of enabling senior management to intervene,

  • (e)

    to facilitate requests by patrons for information about, or to participate in, self-exclusion schemes conducted by the hotelier or registered club,

  • (f)

    to record, in the hotel’s or registered club’s gambling incident register, incidents observed by the officer relating to persons who are, or are at risk of, experiencing gambling harm or who are displaying behaviour related to gambling harm,

  • (g)

    to assist staff and management in ensuring the hotel or registered club meets its harm minimisation obligations under the Act and this regulation,

  • (h)

    to promote harm minimisation measures within the hotel or registered club.

(2)

A responsible gambling officer may perform other duties—

  • (a)

    that do not prevent the officer from carrying out the duties of a responsible gambling officer, or

  • (b)

    in an emergency situation.

(3)

A responsible gambling officer’s duties as a responsible gambling officer cannot be transferred to another person.

(4)

A responsible gambling officer may, in carrying out the responsible gambling officer’s duties, seek the assistance of another employee of the hotel or registered club.

(5)

Each responsible gambling officer, when on duty, has the duties of a responsible gambling officer even if another responsible gambling officer is also on duty.

(6)

This clause applies despite any inconsistency with—

  • (a)

    the responsible gambling officer’s contract of employment, or

  • (b)

    another kind of arrangement relating to the employment or engagement of the responsible gambling officer with or by the hotel or registered club.

cl 50F: Ins 2024 (250), Sch 1[17].

50GDuties of hotelier or registered club

A hotelier or registered club must—

  • (a)

    take reasonable steps to ensure the responsible gambling officers for the hotel or registered club who are on duty carry out the duties of a responsible gambling officer, and

  • (b)

    ensure work health and safety procedures and policies are followed to support the responsible gambling officers for the hotel or registered club who are on duty in carrying out the officers’ duties, and

  • (c)

    ensure the responsible gambling officers for the hotel or registered club who are on duty have the opportunity to raise issues about the duties of responsible gambling officers, and

  • (d)

    ensure any issues raised by the responsible gambling officers under paragraph (c) are addressed, and

  • (e)

    ensure the responsible gambling officers for the hotel or registered club who are on duty are not impeded by hotel or club staff in carrying out the officers’ duties, and

  • (f)

    inform the responsible gambling officers for the hotel or registered club who are on duty of any patrons who are reasonably suspected to be experiencing, or at risk of experiencing, gambling harm, and

  • (g)

    assist patrons who are at risk of experiencing gambling harm or who are displaying behaviour related to gambling harm.

Maximum penalty—50 penalty units.

cl 50G: Ins 2024 (250), Sch 1[17]. Am 2024 (633), Sch 1[6]–[8].

50H

(Repealed)

cl 50H: Ins 2024 (250), Sch 1[17]. Rep 2024 (633), Sch 1[9].

50IHotelier or registered club directing or encouraging contraventions(1)

A hotelier or registered club must not direct or encourage a responsible gambling officer appointed by the hotelier or registered club to contravene the Act or this regulation.

Maximum penalty—50 penalty units.

(2)

In this clause—

encourage includes request or assist.

cl 50I: Ins 2024 (250), Sch 1[17].

50JResponsible gambling officers—making complaints or inquiries(1)

An affected responsible gambling officer may make a complaint or inquiry to the following persons about the affected responsible gambling officer carrying out the duties of a responsible gambling officer, including impediments to the duties—

  • (a)

    the Secretary,

  • (b)

    the hotelier or registered club,

  • (c)

    the responsible gambling manager.

(2)

An affected responsible gambling officer may make a complaint or inquiry to the Secretary about the following circumstances if the affected responsible gambling officer reasonably believes the circumstances exist—

  • (a)

    the affected responsible gambling officer is being, or has been, impeded in carrying out the duties of a responsible gambling officer by the following—

    • (i)

      the hotelier or registered club,

    • (ii)

      the responsible gambling manager,

  • (b)

    the following persons have taken, or may take, adverse action against the affected responsible gambling officer in relation to the affected responsible gambling officer carrying out the duties of a responsible gambling officer—

    • (i)

      the hotelier or registered club,

    • (ii)

      the responsible gambling manager.

(3)

This clause applies despite an inconsistency with—

  • (a)

    the affected responsible gambling officer’s contract of employment, or

  • (b)

    another kind of arrangement relating to the employment or engagement of the affected responsible gambling officer with or by the hotel or registered club.

(4)

In this clause—

adverse action includes adverse action within the meaning of the Fair Work Act 2009 of the Commonwealth.

affected responsible gambling officer means a person who—

  • (a)

    is a responsible gambling officer, or

  • (b)

    was a responsible gambling officer.

cl 50J: Ins 2024 (250), Sch 1[17].

Division 4BGambling incident registers and gaming plans of management—the Act, s 47

pt 3, div 4B, hdg: Subst 2024 (250), Sch 1[18].

pt 3, div 4B: Ins 2024 (250), Sch 1[17].

Subdivision 1Gambling incident registers

pt 3, div 4B, sdiv 1: Ins 2024 (250), Sch 1[17].

50KGambling incident registers(1)

This clause applies to a hotelier or registered club if—

  • (a)

    the hotelier or registered club holds a gaming machine entitlement or permit, and

  • (b)

    approved gaming machines operate at the hotel or club premises.

(2)

The hotelier or registered club must—

  • (a)

    keep a register (a gambling incident register) in a form approved by the Secretary for the purposes of this division, and

  • (b)

    ensure information about reportable gambling incidents is recorded in the gambling incident register in accordance with this division.

Maximum penalty—50 penalty units.

(3)

The following incidents (reportable gambling incidents) that occur at the hotel or registered club must be recorded in the gambling incident register as soon as practicable but no later than 24 hours after the incident occurs—

  • (a)

    a patron displaying behaviour that indicates the patron is experiencing, or at risk of experiencing, gambling harm,

  • (b)

    a patron, or a person who identifies themselves as a family member of the patron, asking for information about a self-exclusion scheme or some form of intervention for the patron,

  • (c)

    a breach or attempted breach of a self-exclusion scheme,

  • (d)

    an offence, alleged offence or incident involving a minor.

(4)

Details of action taken in response to an incident referred to in subclause (3) must be recorded in the gambling incident register as soon as practicable but no later than 24 hours after the incident occurs.

(5)

The register may be kept—

  • (a)

    in written or electronic form, and

  • (b)

    as part of an incident register under the Liquor Act 2007, section 56.

cl 50K: Ins 2024 (250), Sch 1[17].

50LGambling incident registers—duty of employees to record(1)

An employee of a hotel or registered club who has responsibilities for the conduct of gaming must, as soon as practicable but no later than 24 hours after observing a reportable gambling incident, record the following details in the hotel’s or registered club’s gambling incident register—

  • (a)

    details of the incident the employee observed, and

  • (b)

    details of any action taken by the employee.

(2)

However, an employee is not required to record details of the incident if the details have been recorded in the register by another employee who observed the incident.

50MGambling incident registers—inspection

A hotelier or registered club must, if asked to do so by a police officer or inspector—

  • (a)

    make the gambling incident register for the hotel or club premises available for inspection by a police officer or inspector, and

  • (b)

    allow a police officer or inspector to—

    • (i)

      take copies of the register or a part of the register, or

    • (ii)

      remove the register, or a part of the register, from the hotel or club premises.

Maximum penalty—50 penalty units.

cl 50M: Ins 2024 (250), Sch 1[17].

50NGambling incident registers—review

A hotelier or registered club must—

  • (a)

    conduct monthly reviews of the entries in the hotel’s or registered club’s gambling incident register for the purposes of identifying trends in gambling incidents, and

  • (b)

    consider what action, if any, the hotelier or registered club should take to address, mitigate or minimise the number or kinds of gambling incidents.

cl 50N: Ins 2024 (250), Sch 1[17].

Subdivision 2Gaming plans of management

pt 3, div 4B, sdiv 2: Ins 2024 (250), Sch 1[19].

50ODefinition

In this subdivision—

gaming plan of management—see clause 50P(2).

cl 50O: Ins 2024 (250), Sch 1[19].

50PGaming plans of management(1)

This clause applies to a hotelier or registered club if—

  • (a)

    the hotelier or registered club holds a gaming machine entitlement or permit, and

  • (b)

    approved gaming machines operate at the hotel or club premises.

(2)

The hotelier or registered club must have a plan (a gaming plan of management) relating to the management of gaming for the hotel or club premises that complies with subclauses (3) and (4).

127Failure of key employee to provide information(1)

The Minister may, if a key employee refuses or fails to comply with a requirement of a notice served on the key employee under clause 126, by notice in writing, direct the licensee or other person concerned to terminate immediately and not to renew the employment or arrangement by reason of which the key employee is a key employee of the licensee or other person.

(2)

A person who does not give effect to a direction given to the person under this clause is guilty of an offence.

Maximum penalty—50 penalty units.

128Power to terminate employment of key employee at Minister’s direction(1)

This clause applies in respect of a direction given by the Minister under this Division to an employer to terminate the employment of a key employee or the other arrangement by reason of which a key employee is a key employee of the employer.

(2)

It is taken to be a condition of any agreement or other arrangement entered into between an employer and a key employee that the employer has the rights required to enable the employer to give effect to a direction to which this clause applies.

(3)

Any such termination of an employment or arrangement has effect accordingly, and the employer or the State does not incur any liability by reason of that termination.

(4)

In this clause, employer means a licensee, contractor or other person to whom a direction to which this clause applies is given.

129Destruction of fingerprints and palm prints of former key employees(1)

Any fingerprints or palm prints obtained under this Division, and any copies of them, are to be destroyed as soon as the key employee from whom they were obtained is no longer a key employee.

(2)

A person—

  • (a)

    who has possession of fingerprints or palm prints obtained by the Minister under this Division, or copies of them, and

  • (b)

    who fails to deliver them to the Minister, in accordance with the written directions of the Minister, to enable subclause (1) to be complied with,

is guilty of an offence.

Maximum penalty—20 penalty units.

130Imposition of monetary penalty on CMS licensees

For the purposes of paragraph (b1) of the definition of disciplinary action in section 172(1) of the Act, the maximum amount of a monetary penalty that may be imposed on a CMS licensee by the Minister is $250,000 and, in the case of a continuing contravention, a further penalty of $50,000 for each day the contravention continues.

131Prejudice to integrity of operation of authorised CMS or linked gaming systems(1)

The Minister may give a direction under this clause if the Minister is of the opinion that the integrity or apparent integrity of an authorised CMS or authorised linked gaming system is likely to be seriously prejudiced because of—

  • (a)

    any irregularity or alleged irregularity of any kind, or

  • (b)

    the character or reputation of any person concerned in the operation of the authorised CMS or authorised linked gaming system, or

  • (c)

    any other fact or circumstance reported to the Minister.

(2)

The Minister may, for the purpose of avoiding the prejudice referred to in this clause, by notice in writing, direct—

  • (a)

    the licensee, or

  • (b)

    a contractor, or

  • (c)

    any other person concerned, in whatever capacity, in the management or supervision of an authorised CMS or authorised linked gaming system,

to take (or to refrain from taking) any action specified in the notice.

(3)

A person who does not comply with a direction given to the person under this clause is guilty of an offence.

Maximum penalty—50 penalty units.

132Minister may direct licensee to terminate certain contractual arrangements(1)

If a person who is a contractor of a licensee does not comply with a direction given to the person under clause 131, the Minister may, by notice in writing, direct the licensee to terminate, within a time specified in the notice, the contract or other arrangement under which the person is a contractor of the licensee.

(2)

A licensee who does not comply with a notice given to the licensee under this clause is guilty of an offence.

Maximum penalty—50 penalty units.

(3)

It is taken to be a condition of any contract or other arrangement entered into between a licensee and a contractor that the licensee has the rights required to enable the licensee to give effect to a direction to which this clause applies.

(4)

Any such termination of a contract or other arrangement has effect accordingly, and neither the State nor the Minister incurs any liability by reason of that termination.

(5)

The Minister may exempt specified contracts or other arrangements or specified classes of contracts or other arrangements from the operation of this clause. The effect of such an exemption is that a contract or other arrangement to which the exemption applies cannot be the subject of a direction under this clause.

133Prejudice to integrity of authorised CMS or linked gaming system involving key employee(1)

The Minister may give a direction under this clause if the Minister is of the opinion that the integrity or apparent integrity of an authorised CMS or authorised linked gaming system operated by a licensee is likely to be seriously prejudiced because of—

  • (a)

    the criminal record of a key employee, or

  • (b)

    the character or reputation of a key employee.

(2)

The Minister may, by notice in writing, direct—

  • (a)

    the licensee, or

  • (b)

    a contractor, or

  • (c)

    any other appropriate person,

to terminate immediately and not to renew the employment or arrangement by reason of which the key employee is a key employee of the licensee, contractor or other person.

(3)

A person who does not comply with a direction given to the person under this clause is guilty of an offence.

Maximum penalty—50 penalty units.

134Notice of proposed relevant contracts or variations of relevant contracts to be given(1)

This clause applies only to relevant contracts that the conditions of the CMS licence or links licence require to be notified to the Minister.

(2)

A licensee must not enter into or become a party to a relevant contract, or the variation of a relevant contract, to which this clause applies until the licensee has given the Minister written notice of the details of the proposed contract or variation of contract that are specified in the conditions of the licence and the investigation time that the Minister is allowed by this clause has elapsed.

(3)

The notice must be accompanied by the fee (if any) specified by the conditions of the licence.

(4)

The Minister may object to the proposed contract or variation of contract by notice in writing given to the licensee during the investigation time that the Minister is allowed by this clause, in which case the licensee must not enter into or become a party to the contract or variation of contract.

(5)

The Minister is not required, despite any rule of law to the contrary, to give reasons for an objection made under subclause (4).

(6)

The Minister is allowed 28 days investigation time (starting from when the notice under subclause (2) is given to the Minister) but that time can be shortened or extended in a particular case by the Minister by notice in writing to the licensee.

(7)

Investigation time is not to be extended unless the Minister is of the opinion that the special circumstances of the case (such as, for example, the complex nature of the inquiries that need to be made or the need to consult other persons or bodies) make the extension necessary or desirable and that public interest considerations justify the extension.

(8)

Investigation time can be extended more than once but cannot in any case be extended to more than 6 months after the notice was given to the Minister.

(9)

It is a condition of a CMS licence or links licence that the licensee must comply with this clause.

(10)

Failure to comply with this clause does not affect the validity of any contract or variation of contract.

135Notice to show cause why relevant contract should not be terminated(1)

The Minister may serve on each party to a relevant contract a notice in writing giving the party an opportunity to show cause within 14 days why the contract should not be terminated on the ground that it is not in the public interest for the contract to remain in force.

(2)

The notice is to specify the reasons why it is considered that it is not in the public interest for the contract to remain in force.

(3)

A party to the contract may, within the period specified in the notice, arrange with the Minister for the making of submissions as to why the contract should not be terminated.

(4)

The Minister may—

  • (a)

    after considering any submissions so made, or

  • (b)

    if no arrangements are made within the period specified in the notice, or no submissions are received in accordance with arrangements made,

by notice in writing served on each party to the contract, require the contract to be terminated within a time specified in the notice.

(5)

If a contract is not terminated as required by a notice, it is terminated as and from the expiration of the time specified in the notice for the termination of the contract.

136Effect of termination(1)

If a relevant contract is terminated in accordance with this Division—

  • (a)

    the termination does not affect a right acquired, or a liability incurred, before the termination by a person who was a party to the contract, as a result of the performance before the termination of any obligation imposed by the contract, and

  • (b)

    no liability for breach of contract is, by reason only of that termination, incurred by a person who was a party to the contract, and

  • (c)

    neither the State nor the Minister incurs any liability by reason of that termination.

(2)

A party to a relevant contract terminated in accordance with this Division who gives further effect to the contract is guilty of an offence.

Maximum penalty—50 penalty units.

137Investigations(1)

The Minister may appoint a person to investigate and report on matters and circumstances specified by the Minister relating to—

  • (a)

    the operation of an authorised CMS or authorised linked gaming system, or

  • (b)

    a licensee, or a person who, in the opinion of the Minister, is an associate of a licensee, or

  • (c)

    a specified person who, or a specified class of persons which includes persons who, in the opinion of the Minister, could affect the operation of an authorised CMS or authorised linked gaming system, or

  • (d)

    a specified person who, or a specified class of persons which includes persons who, in the opinion of the Minister, could be in a position to exercise direct or indirect control over a licensee in relation to the operation of an authorised CMS or authorised linked gaming system.

(2)

A person appointed to carry out an investigation may, for the purpose of the investigation, exercise—

  • (a)

    the functions conferred by clause 126 on the Minister, and

  • (b)

    any other functions of the Minister specified by the Minister in the instrument of appointment.

(3)

The exercise of functions under this clause by a person other than the Minister has effect as if the functions had been exercised by the Minister.

Part 9Miscellaneous provisionsDivision 1General

pt 9, div 1, hdg: Ins 2024 (250), Sch 1[32].

138Gaming machine lease levy

The amount of the levy payable under section 25C of the Act in respect of a lease of a gaming machine entitlement approved by the Authority is whichever of the following is the greater—

  • (a)

    an amount equal to 5% of the total of all lease payments due under the lease for the full term of the lease,

  • (b)

    $1,000 for each year that the lease is in force.

139Clubs exempt from requirement for authorisation to keep certain gaming machines(1)

This clause applies to an approved gaming machine—

  • (a)

    that is electro-mechanical or mechanical, and

  • (b)

    that is not operated for paying out money or tokens or for registering a right to an amount of money or money’s worth available to be paid out or claimed, and

  • (c)

    the reel strips of which have been changed to numerical cards.

(2)

A registered club is exempt from the requirement under section 56 of the Act to be authorised to keep an approved gaming machine to which this clause applies but only if no more than 2 of those gaming machines are kept on the club premises at any one time.

140Exemption for Tabcorp to possess certain subsidiary equipment

Section 69(1) of the Act does not apply to Tabcorp to the extent that it is in possession of subsidiary equipment that is used for the purposes of monitoring gaming machine operations in Victoria.

141Authorised possession of gaming machines before approval

For the purposes of section 69(2)(d) of the Act, the following circumstances are prescribed—

  • (a)

    the person in possession of the gaming machine has been requested by a dealer to provide services in relation to the development or testing of the gaming machine, or its components, before it is submitted to the Authority for approval,

  • (b)

    the person has possession of the gaming machine in order to provide those services,

  • (c)

    the person has written evidence of the request to provide the services.

142Authority’s approval

If the Authority is required or permitted by a provision of this Regulation to approve of any matter or thing or the form of any matter or thing, the Authority—

  • (a)

    may approve of the matter, thing or form generally in relation to all persons to whom the provision applies, or

  • (b)

    may approve of different matters, things or forms according to different circumstances specified in relation to persons to whom the provision applies, or

  • (c)

    if, in relation to any such provision, an approval in accordance with paragraph (a) or (b) has not been given in relation to a particular person, may approve of the matter, thing or form in relation to that person, or

  • (d)

    may vary or withdraw its approval of the matter, thing or form.

143General requirement for records to be kept for 3 years(1)

A person who is required by the Act or this Regulation to keep a record must keep the record for a period of at least 3 years after it is made and provide for its safe keeping throughout that time.

Maximum penalty—20 penalty units.

(2)

A person who is the holder of a gaming-related licence or a hotelier must keep any records relating to the person’s business (in so far as the person’s business relates to approved gaming machines) at—

  • (a)

    the person’s business premises, or

  • (b)

    if the person is a seller who is an employee of a dealer, at the person’s business premises or dealer’s business premises, or

  • (c)

    at any other place that the Authority approves.

Maximum penalty—20 penalty units.

(3)

Subclause (1) does not apply to the keeping of a record under a provision of this Regulation that provides for the record to be kept for a different period.

Note.

Section 11(2) of the Electronic Transactions Act 2000 allows for hard copy documents that are required to be retained for a particular period to be retained in electronic format in certain circumstances.

144Exclusion of Sydney CBD from definition of “retail shopping centre”(1)

A retail shopping centre that fronts onto any part of the boundary specified in Schedule 2 (Sydney Central Business District) or that is situated within the boundary specified in that Schedule is excluded from the definition of retail shopping centre in section 4(1) of the Act.

(2)

For the purposes of this clause, a retail shopping centre that fronts onto any part of the boundary specified in Schedule 2 includes a retail shopping centre built over water that is joined to any part of the Sydney Harbour waterfront that is part of the boundary.

145Exclusion of retail shopping centres with less than 40 shops(1)

A retail shopping centre is excluded from the definition of retail shopping centre in section 4(1) of the Act if—

  • (a)

    the retail shopping centre comprises less than 40 shops, and

  • (b)

    the retail shopping centre contains or adjoins no more than one hotel or one registered club (or no more than one of each), and

  • (c)

    any such hotel or registered club—

    • (i)

      was part of (or was adjoining) the retail shopping centre as at 18 October 2002, or

    • (ii)

      has become part of (or has become adjoined to) the retail shopping centre as a result of the granting of an application under the Liquor Act 1982 or the Registered Clubs Act 1976 (being an application that was made on or before 28 March 2000 but not determined by that date).

(2)

Any threshold increase application under section 34 of the Act in respect of any such hotel or premises of a registered club must be accompanied by a class 2 LIA under section 35 of the Act.

(3)

Subclause (2) has effect despite anything to the contrary in section 35 of the Act.

146Exclusion of unenclosed pedestrian malls from definition of “retail shopping centre”

An outdoor or unenclosed pedestrian mall consisting of—

  • (a)

    a road that is closed to vehicular traffic, and

  • (b)

    retail shops,

is excluded from the definition of retail shopping centre in section 4(1) of the Act.

147Meaning of “metropolitan area”

For the purposes of the Act, the area comprising the following local government areas is a metropolitan area

Bayside, Blacktown, Blue Mountains, Burwood, Camden, Campbelltown, Canada Bay, Canterbury-Bankstown, Central Coast, Cumberland, Fairfield, Georges River, Hawkesbury, Hornsby, Hunters Hill, Inner West, Ku-ring-gai, Lake Macquarie, Lane Cove, Liverpool, Mosman, Newcastle, North Sydney, Northern Beaches, Parramatta, Penrith, Randwick, Ryde, Strathfield, Sutherland, City of Sydney, The Hills, Waverley, Willoughby, Wollongong, Woollahra.

148Denial of allegation as to age

For the purposes of section 194(2) of the Act, an allegation in relation to any proceedings for an offence under the Act or this Regulation is denied as prescribed if it is denied—

  • (a)

    at any adjournment prior to the commencement of the proceedings—by informing the court, the informant or a person appearing for the informant in writing of the denial, or

  • (b)

    at any time not later than 14 days before the hearing of the charge—by informing the informant or a person appearing for the informant in writing of the denial.

149Furnishing of records, reports or other information(1)

Any requirement under this Regulation to furnish particulars of any record or to furnish a report or any other information, or any certificate, to the Authority may be complied with by delivering or posting a written statement of the particulars or the report or other information, or the certificate, to the Authority.

(2)

Any particulars that are stored wholly or partly by electronic means must be reduced to writing before being furnished to the Authority.

(3)

The particulars, information, report or certificate must be furnished in a form approved by the Authority if the Authority so requires.

150Disclosure of information(1)

For the purposes of section 206(2)(c) of the Act, the following persons and authorities are prescribed—

  • (a)

    the Secretary,

  • (b)

    the Authority.

(2)

For the purposes of section 206(5)(e) of the Act, a person who makes a threshold increase application under section 35 of the Act is prescribed, but only in relation to the disclosure of any information that is necessary to enable the person to provide a local impact assessment with the threshold increase application.

151Remedial orders

For the purposes of section 199 of the Act, offences under the following provisions of this Regulation are prescribed offences—

  • (a)

    clause 18,

  • (b)

    clause 20,

  • (c)

    clause 21,

  • (d)

    clause 22,

  • (e)

    clause 23,

  • (f)

    clause 24,

  • (g)

    clause 25,

  • (h)

    clause 26,

  • (i)

    clause 28,

  • (j)

    clause 28A,

  • (k)

    clause 28B,

  • (l)

    clause 47,

  • (m)

    clause 50.

cl 151: Am 2024 (250), Sch 1[33].

Division 2Savings and transitional provisions

pt 9, div 2, hdg: Ins 2024 (250), Sch 1[34].

152Savings

Any act, matter or thing that, immediately before the repeal of the Gaming Machines Regulation 2010, had effect under that Regulation continues to have effect under this Regulation.

153Transitional—Gambling Legislation Amendment Regulation 2021(1)

A person is not required to comply with the new provisions during the transition period, and does not commit an offence against the Act or this Regulation because of the non-compliance, if the person instead complies with the old provisions.

(2)

In this clause—

amending Regulation means the Gambling Legislation Amendment Regulation 2021.

new provisions means clauses 18, 20–24 and 46 as in force on the commencement of the amending Regulation.

old provisions means clauses 18, 20–24 and 46 as in force immediately before the commencement of the amending Regulation.

transition period means the period of 6 months from the commencement of the amending Regulation.

cl 153: Ins 2021 (2), Sch 1.3[7].

154Transitional—Gaming Machines Amendment (Responsible Conduct of Gambling Training) Regulation 2022(1)

This clause applies in relation to a registered training provider that is, at the commencement of this clause, an approved training provider.

(2)

From the commencement of this clause, the approved training provider is taken to be an approved training provider in relation to an RCG training course.

cl 154: Ins 2022 (798), Sch 1[16].

155Transitional—Gaming Machines and Liquor Amendment (Harm Minimisation Measures) Regulation 2024—RCG training providers(1)

This clause applies to an approval for an RCG training provider under clause 58(1) that—

  • (a)

    was renewed on 30 June 2024, or

  • (b)

    ceased to have effect on 30 June 2024.

(2)

For the first renewal of an approval after its renewal on 30 June 2024, the Secretary may grant the renewal to the RCG training provider without an application or the payment of a fee as required under clause 58.

(3)

For an approval that ceased to have effect on 30 June 2024, the Secretary may grant an approval to the same RCG training provider for the same courses under the same terms as the ceased approval without an application or the payment of a fee as required under clause 58.

cl 155: Ins 2024 (250), Sch 1[35].

Schedule 1Gaming-related licensees—prescribed changes and particulars

(Clause 74)

Column 1

Column 2

Prescribed change

Prescribed particulars

A change in—

  • (a)

    the name of the licensee, or

  • (b)

    the principal residential address of the licensee, or

  • (c)

    the business or private telephone number of the licensee.

Particulars of those matters as changed.

In the case of a seller or technician, a change in the business address of the seller or technician.

Particulars of the address as changed.

The commencement, settlement, discontinuance or finalisation of civil or criminal proceedings to which the licensee is a party.

Particulars of—

  • (a)

    the nature of the proceedings, and

  • (b)

    the names and addresses of the other parties to the proceedings, and

  • (c)

    the date of the commencement, settlement, discontinuance or finalisation of the proceedings, and

  • (d)

    the terms of the settlement (unless the terms of settlement are prohibited from being disclosed) or the result of the finalisation of the proceedings (including the making of an order under section 10 of the Crimes (Sentencing Procedure) Act 1999).

A change consisting of—

  • (a)

    the obtaining of judgment against the licensee, or

  • (b)

    the creation of a charge over any property of the licensee, or

  • (c)

    repossession of any property of the licensee.

Particulars giving—

  • (a)

    the terms of the judgment or charge, and

  • (b)

    the reasons for and circumstances of the repossession, and

  • (c)

    a description of the property affected.

The licensee—

  • (a)

    becomes bankrupt, or

  • (b)

    applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, or

  • (c)

    compounds with creditors or makes an assignment of remuneration for their benefit, or

  • (d)

    enters into a compromise or scheme of arrangement with creditors.

Particulars of—

  • (a)

    the terms, and

  • (b)

    the date,

of the bankruptcy, application, compounding, assignment, compromise or scheme of arrangement.

A person obtains a direct or indirect interest in the business that is carried on under the authority of the licence.

Particulars of—

  • (a)

    the name of the person obtaining the direct or indirect interest, and

  • (b)

    that person’s date of birth, and

  • (c)

    that person’s residential address, and

  • (d)

    the nature of that person’s interest, and

  • (e)

    the details of any offence that person has been convicted of (in New South Wales or elsewhere), other than parking and traffic offences, and

  • (f)

    the details of any charges pending against that person (in New South Wales or elsewhere), other than parking or traffic charges.

Schedule 2Sydney Central Business District

(Clause 144)

The boundary referred to in clause 144 is as follows—

  • Wentworth Avenue, from its intersection with Elizabeth Street, north and east to its intersection with Liverpool Street, Oxford Street and College Street,

  • College Street, from its intersection with Wentworth Avenue, Liverpool Street and Oxford Street, north to its intersection with Prince Albert Road,

  • Prince Albert Road, from its intersection with College Street, generally northwest to its intersection with St James Road and Macquarie Street,

  • Macquarie Street, from its intersection with Prince Albert Road and St James Road, to its northern extent,

  • a line running due west, from the northern extent of Macquarie Street, to its point of intersection with the Sydney Harbour waterfront,

  • along the Sydney Harbour waterfront (including along the Sydney Cove waterfront to the Dawes Point waterfront, the Dawes Point waterfront to the Millers Point waterfront, and the Millers Point waterfront to the Cockle Bay waterfront), from that point of intersection, to the point at which the western end of Pyrmont Bridge crosses over the Cockle Bay waterfront,

  • Pyrmont Bridge, from that point, west to its western extent,

  • a line running generally southeast, from the western extent of Pyrmont Bridge, to its most northernmost point of intersection with Darling Drive and the line of the route of the Darling Harbour monorail transport system,

  • Darling Drive, from that point of intersection, generally south to its intersection with the route of the Ultimo/Pyrmont Light Rail Transit System,

  • the route of the Ultimo/Pyrmont Light Rail Transit System, from its intersection with Darling Drive, east to its intersection with Hay Street,

  • Hay Street, from its intersection with the route of the Ultimo/Pyrmont Light Rail Transit System, east to its intersection with Elizabeth Street,

  • Elizabeth Street, from its intersection with Hay Street, north to its intersection with Wentworth Avenue.

Schedule 3Fees1Fees(1)

The following fees are payable under the Act—

Matter for which fee payable

Fee (in fee units)

Application under section 19(3) of the Act for approval of transfer of gaming machine entitlements

2.5

Application under section 25(4) of the Act for approval of lease of gaming machine entitlements

2.5

Application under section 34 of the Act for increase of gaming machine threshold

5.5

Application under section 40 or 40A of the Act for approval of certain shutdown periods on weekends and public holidays

5.5

Application under section 88 of the Act for dealer’s licence

10

Application under section 88 of the Act for seller’s licence, technician’s licence or testing facility licence

1

Granting of dealer’s licence under section 101 of the Act

100

Granting of seller’s licence under section 101 of the Act

5

Granting of technician’s licence under section 101 of the Act

2

Granting of testing facility licence under section 101 of the Act

10

Application under section 104(4) of the Act to vary or revoke dealer’s licence

2

Application under section 104(4) of the Act to vary or revoke seller’s licence or technician’s licence

0.5

Application under section 104(4) of the Act to vary or revoke testing facility licence

1

Periodic licence fee under section 108 of the Act for dealer’s licence

100

Periodic licence fee under section 108 of the Act for seller’s licence

5

Periodic licence fee under section 108 of the Act for technician’s licence

2

Periodic licence fee under section 108 of the Act for testing facility licence

10

Periodic fee under section 108 of the Act for work permit

0.5

Application under section 110 of the Act for the reinstatement of gaming-related licence or work permit

1.1

(2)

The following fees are payable under this regulation—

Matter for which fee payable

Fee (in fee units)

Application under clause 28(4) for approval in relation to location of cash dispensing facilities

2.5

Issue of replacement recognised competency card under clause 53(4)

0.4

Renewal of RCG endorsement under clause 55

0.4

Application under clause 58(1) for approval to conduct approved training course

15.3

Issue of interim RCG certificate under clause 58(6)(b)

0.4

Application under clause 58(13) for renewal of approval to conduct training courses

8.44

2Definitions

In this Schedule—

CPI number means the Consumer Price Index (All Groups Index) for Sydney published by the Australian Bureau of Statistics in the latest published series of that index.

fee year means a period of 12 months commencing on 16 February.

3Calculation of fee unit(1)

For the purposes of this Schedule, a fee unit is—

  • (a)

    in the fee years 2018–19 and 2019–20—$100, and

  • (b)

    in each subsequent fee year—the amount calculated as follows—

    where—

    A is the CPI number for the December quarter in the fee year immediately preceding the fee year for which the amount is calculated.

    B is the CPI number for the December quarter of 2018.

(2)

The amount of a fee unit is to be rounded to the nearest cent (and an amount of 0.5 cent is to be rounded down).

(3)

However, if the amount of a fee unit calculated for any fee year is less than the amount that applied for the previous fee year, then the amount for that previous fee year applies instead.

Editorial note.

Fee unit amount calculated under this clause—

Fee year

Fee unit amount

2020–21

$101.65

2021–22

$102.43

2023–24

$113.63

2024–25

$118.40

2025–26

$121.27

4Rounding of fee amounts

The amount of a fee calculated by reference to a fee unit is to be rounded to the nearest dollar (and an amount of 50 cents is to be rounded up).

5Notice of indexed fees(1)

As soon as practicable after the CPI number for the December quarter is first published by the Australian Statistician, the Secretary is required to—

  • (a)

    notify the Parliamentary Counsel of the amount of the fee unit for the next fee year so that notice of that amount can be published on the NSW legislation website, and

  • (b)

    give public notice on the Liquor & Gaming NSW website of the actual amounts of the fees applying in each fee year resulting from the application of the amount of a fee unit calculated under this Schedule.

(2)

This Schedule operates to change an amount of a fee that is calculated by reference to a fee unit and that change is not dependent on the notification or other notice required by this clause.

6Reduction of fees for granting of gaming-related licences

The fee payable for the granting of a gaming-related licence is to be reduced by the amount of the fee lodged with the application for the licence.

7Periods in respect of which periodic licence fees are payable (licensing periods)(1)

For the purposes of section 108(1) of the Act, a period of one year that commences on 16 February (other than the period of one year during which the gaming-related licence concerned is granted) is prescribed in respect of gaming-related licences.

(2)

A periodic licence fee payable in respect of a licensing period must be paid in full on or before the commencement of that period.

8Periods in respect of which periodic work permit fees are payable(1)

For the purposes of section 108(1) of the Act, the following periods are prescribed in respect of a work permit—

  • (a)

    a period that commences on the date of issue of the work permit and ends on the following 15 February,

  • (b)

    a period of one year that commences on 16 February (other than the period of one year during which the permit was issued).

(2)

A periodic permit fee payable in respect of a permit period must be paid in full on or before the commencement of that period.

sch 3: Am 2020 (33), cl 3(2); 2022 (798), Sch 1[17]; 2024 (250), Sch 1[36]; 2024 (633), Sch 1[17].

Schedule 4Penalty notice offences1Penalty notice offences(1)

For the purposes of section 203 of the Act—

  • (a)

    each offence created by a provision specified in this Schedule is an offence for which a penalty notice may be issued, and

  • (b)

    the amount payable for the penalty notice is the amount specified opposite the provision.

(2)

If the provision is qualified by words that restrict its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—

  • (a)

    that limited kind of offence, or

  • (b)

    an offence committed in those limited circumstances.

Offences under the Act

Column 1

Column 2

Offence

Penalty

Section 39(1)

$1,100

Section 40(2)

$1,100

Section 40A(2)

$1,100

Section 41(4)

$1,100

Section 43(1) and (3)

$1,100

Section 44(1) and (3)

$1,100

Section 44A(2)

$550

Section 45(2) and (4)

$1,100

Section 45A(2) and (3)

$1,100

Section 45B(3)

$1,100

Section 46(1) and (3)

$1,100

Section 47B

$550

Section 47C(1)

$1,100

Section 49(3)

$1,100

Section 49B

$2,750 (in the case of a corporation)

$550 (in the case of an individual)

Section 49C

$2,750 (in the case of a corporation)

$550 (in the case of an individual)

Section 49D

$2,750 (in the case of a corporation)

$550 (in the case of an individual)

Section 50(1)

$55

Section 51(1)

$550

Section 52(1)

$55

Section 52(2)

$550

Section 52(3)

$220

Section 53(2)(a)

$55

Section 53(2)(b)

$110

Section 56(1)

$1,100

Section 57(2)

$550

Section 59(5)

$1,100

Section 61(4)

$1,100

Section 68

$1,100

Section 68A(1)

$1,100

Section 69(1)

$1,100

Section 69A(2) and (3)

$1,100

Section 70(1)

$1,100

Section 71(1), (2) and (4)

$1,100

Section 71(3)

$550

Section 75

$1,100

Section 75A(1)

$1,100

Section 76(1)

$1,100

Section 76A(1)

$1,100

Section 76B(1)

$550

Section 77(1)–(3) and (5)

$1,100

Section 77(2A) and (2C)

$110

Section 78

$1,100

Section 79(1)

$550

Section 84(1) and (2)

$1,100

Section 85(1) and (4)

$1,100

Section 104(2)

$1,100

Section 106(3) and (4)

$550

Section 109(2)

$55

Section 121(1)

$1,100

Section 122

$550

Section 123

$220

Section 124

$220

Section 125

$220

Section 126(1)

$220

Section 133(1), (2) and (4)

$1,100

Section 133A(1)

$1,100

Section 133A(3)

$110

Section 134(1)

$1,100

Section 135

$1,100

Section 139(2)

$1,100

Section 139(3)

$550

Section 146

$1,100

Section 151

$1,100

Section 156A(1) and (3)

$1,100

Section 158

$1,100

Section 158A

$1,100

Section 199(2)

$220

Offences under this Regulation

Column 1

Column 2

Offence

Penalty

Clause 5(2)

$550

Clause 10(2)

$550

Clause 11

$550

Clause 12

$550

Clause 14

$550

Clause 15(1)

$550

Clause 16(2)

$220

Clause 17

$550

Clause 18(1)

$550

Clause 20(1)

$550

Clause 21(2)

$550

Clause 22(1)

$550

Clause 23(1)

$550

Clause 24(1)

$550

Clause 25(1) and (2)

$550

Clause 26(1) and (2)

$550

Clause 28(1)

$550

Clause 28(2)

$550

Clause 28(3)

$550

Clause 28A

$550

Clause 28B

$550

Clause 43

$550

Clause 44(4)

$550

Clause 46(1)

$550

Clause 47

$550

Clause 48(2)

$550

Clause 49(1)

$550

Clause 50(1)

$550

Clause 50C

$550

Clause 50D(1)

$550

Clause 50G

$550

Clause 50I(1)

$550

Clause 50K(2)

$550

Clause 50M

$550

Clause 50P(2)

$550

Clause 50Q

$550

Clause 50R

$550

Clause 56(2)

$55

Clause 57(2)

$550

Clause 57(3)

$550

Clause 57(3A)

$550

Clause 57(4)

$550

Clause 57(4A)

$550

Clause 57(4B)

$550

Clause 65(1)

$550

Clause 66

$220

Clause 67

$220

Clause 68

$220

Clause 69

$550

Clause 70(1)

$220

Clause 71

$220

Clause 75

$220

Clause 77

$550

Clause 78

$550

Clause 79

$550

Clause 80

$550

Clause 81

$550

Clause 82(1) and (2)

$550

Clause 83(1)

$550

Clause 84(1)

$550

Clause 85

$550

Clause 86(1)

$550

Clause 87(1)

$550

Clause 88(1)

$550

Clause 89

$550

Clause 91

$550

Clause 98

$550

Clause 101

$550

Clause 113(1)

$550

Clause 114(1)

$550

Clause 124(3)

$550

Clause 125(2)

$550

Clause 127(2)

$550

Clause 131(3)

$550

Clause 132(2)

$550

Clause 133(3)

$550

Clause 136(2)

$550

Clause 143(1) and (2)

$220

sch 4: Am 2024 (250), Sch 1[37]–[42]; 2024 (633), Sch 1[18]–[21].

Historical notesTable of amending instruments

Gaming Machines Regulation 2019 (428). LW 30.8.2019. Date of commencement, 1.9.2019, cl 2. This Regulation has been amended as follows—

2020

(33)

Gaming Machines Amendment (Miscellaneous) Regulation 2020. LW 7.2.2020.

Date of commencement, on publication on LW, cl 2.

2021

(2)

Gambling Legislation Amendment Regulation 2021. LW 22.1.2021.

Date of commencement, on publication on LW, cl 2.

2022

No 59

Statute Law (Miscellaneous Provisions) Act (No 2) 2022. Assented to 26.10.2022.

Date of commencement, 13.1.2023, sec 2.

(798)

Gaming Machines Amendment (Responsible Conduct of Gambling Training) Regulation 2022. LW 16.12.2022.

Date of commencement, 1.2.2023, sec 2.

2023

(297)

Gaming Machines Amendment Regulation 2023. LW 16.6.2023.

Date of commencement, on publication on LW, sec 2.

2024

(250)

Gaming Machines and Liquor Amendment (Harm Minimisation Measures) Regulation 2024. LW 28.6.2024.

Date of commencement of Sch 1[1] [5] [7] [9] [10] [12]–[16] [29]–[31] [33] [36] and [38], on publication on LW, sec 2(g); date of commencement of Sch 1[2] [6] [8] [17] [23] [26] [32] [34] [35] and [39], 1.7.2024, sec 2(a); date of commencement of Sch 1[3] [18] [19] and [40], 1.9.2024, sec 2(b); date of commencement of Sch 1[4] [20] [28] and [42], 31.12.2024, sec 2(d); date of commencement of Sch 1[11] and [37], 1.1.2025, sec 2(e); date of commencement of Sch 1[21] [22] [27] and [41], 1.10.2024, sec 2(c). Sch 1[24] and [25] were without effect as the items were repealed by the Gaming Machines Amendment Regulation 2024 (633), Sch 2. Amended by the Gaming Machines Amendment Regulation 2024 (633). LW 13.12.2024. Date of commencement of Sch 2, on publication on LW, sec 2(d).

(633)

Gaming Machines Amendment Regulation 2024. LW 13.12.2024.

Date of commencement of Sch 1[1] [3]–[13] and [18]–[20], on publication on LW, sec 2(d); date of commencement of Sch 1[2] and [17], 1.1.2025, sec 2(b); date of commencement of Sch 1[15] [16] and [21], 30.6.2025, sec 2(c); date of commencement of Sch 1[14], 31.12.2024, sec 2(a).

Table of amendments

Cl 3

Am 2022 No 59, Sch 3.29; 2024 (250), Sch 1[1]–[4].

Cl 4A

Ins 2023 (297), sec 3. Am 2024 (633), Sch 1[1]

Cl 8

Am 2024 (250), Sch 1[5].

Part 3, Div 1A

Ins 2024 (250), Sch 1[6].

Cl 18A

Ins 2024 (250), Sch 1[6].

Cl 18

Am 2021 (2), Sch 1.3[1] [2].

Cl 19

Am 2021 (2), Sch 1.3[1]; 2024 (250), Sch 1[7].

Cll 20, 21

Am 2021 (2), Sch 1.3[1][2].

Cl 22

Am 2021 (2), Sch 1.3[1]–[5]; 2024 (250), Sch 1[8].

Cl 23

Am 2021 (2), Sch 1.3[1] [2] [6].

Cl 24

Am 2021 (2), Sch 1.3[1] [2]; 2024 (250), Sch 1[8].

Cl 25A

Ins 2024 (250), Sch 1[9].

Cl 26

Am 2024 (250), Sch 1[10].

Cl 28

Subst 2024 (250), Sch 1[11]. Am 2024 (633), Sch 1[2].

Cl 28A

Ins 2024 (250), Sch 1[12].

Cl 28B

Ins 2024 (250), Sch 1[12].

Cl 36

Am 2024 (250), Sch 1[13] [14].

Cl 37

Am 2022 (798), Sch 1[1]–[4]; 2024 (250), Sch 1[15].

Cl 40

Am 2024 (250), Sch 1[16].

Cl 41

Am 2024 (250), Sch 1[8].

Cl 46

Am 2021 (2), Sch 1.3[1].

Part 3, Div 4A

Ins 2024 (250), Sch 1[17].

Cl 50A

Ins 2024 (250), Sch 1[17].

Cl 50B

Ins 2024 (250), Sch 1[17].

Cl 50C

Ins 2024 (250), Sch 1[17]. Am 2024 (633), Sch 1[3] [4]

Cl 50D

Ins 2024 (250), Sch 1[17].

Cl 50E

Ins 2024 (250), Sch 1[17]. Am 2024 (633), Sch 1[5].

Cl 50F

Ins 2024 (250), Sch 1[17].

Cl 50G

Ins 2024 (250), Sch 1[17]. Am 2024 (633), Sch 1[6]–[8].

Cl 50H

Ins 2024 (250), Sch 1[17]. Rep 2024 (633), Sch 1[9].

Cl 50I

Ins 2024 (250), Sch 1[17].

Cl 50J

Ins 2024 (250), Sch 1[17].

Part 3, Div 4B, heading

Subst 2024 (250), Sch 1[18].

Part 3, Div 4B

Ins 2024 (250), Sch 1[17].

Part 3, Div 4B, Subdiv 1

Ins 2024 (250), Sch 1[17].

Cl 50K

Ins 2024 (250), Sch 1[17].

Cl 50M

Ins 2024 (250), Sch 1[17].

Cl 50N

Ins 2024 (250), Sch 1[17].

Part 3, Div 4B, Subdiv 2

Ins 2024 (250), Sch 1[19].

Cl 50O

Ins 2024 (250), Sch 1[19].

Cl 50P

Ins 2024 (250), Sch 1[19]. Am 2024 (633), Sch 1[10] [11].

Cl 50Q

Ins 2024 (250), Sch 1[19].

Cl 50R

Ins 2024 (250), Sch 1[19].

Cl 50S

Ins 2024 (250), Sch 1[19].

Cl 51

Am 2022 (798), Sch 1[5] [6]; 2024 (250), Sch 1[20].

Cl 52

Am 2022 (798), Sch 1[7].

Cl 53

Am 2020 (33), cl 3(1); 2022 (798), Sch 1[8]; 2024 (633), Sch 1[12].

Cl 55

Am 2022 (798), Sch 1[9].

Cl 57

Am 2024 (250), Sch 1[21]–[23] [26] [27]; 2024 (633), Sch 1[13]–[16].

Cl 58

Am 2022 (798), Sch 1[10]–[14]; 2024 (250), Sch 1[28] [29].

Cl 63

Subst 2022 (798), Sch 1[15].

Cl 76

Am 2024 (250), Sch 1[30].

Cl 104

Am 2024 (250), Sch 1[31].

Part 9, Div 1, heading

Ins 2024 (250), Sch 1[32].

Cl 151

Am 2024 (250), Sch 1[33].

Part 9, Div 2, heading

Ins 2024 (250), Sch 1[34].

Cl 153

Ins 2021 (2), Sch 1.3[7].

Cl 154

Ins 2022 (798), Sch 1[16].

Cl 155

Ins 2024 (250), Sch 1[35].

Sch 3

Am 2020 (33), cl 3(2); 2022 (798), Sch 1[17]; 2024 (250), Sch 1[36]; 2024 (633), Sch 1[17].

Sch 4

Am 2024 (250), Sch 1[37]–[42]; 2024 (633), Sch 1[18]–[21].

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