Gaming Machines Regulations 2020 (SA)

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South Australia

Gaming Machines Regulations 2020

under the Gaming Machines Act 1992

Part 1Preliminary1Short title

These regulations may be cited as the Gaming Machines Regulations 2020.

3Interpretation

In these regulations—

Act means the Gaming Machines Act 1992;

ticket has the same meaning as in section 53A(9) of the Act.

4Prescribed gaming machine components
  1. (1)

    For the purposes of those provisions of the Act requiring a person to be licensed to manufacture, sell or supply prescribed gaming machine components or regulating the form of a contract to sell or supply prescribed gaming machine components, the following items are declared to be prescribed gaming machine components:

    1. (a)

      a software package, other than a game, that controls any part of the operation of a gaming machine;

    2. (b)

      a device containing the whole or any part of the software referred to in paragraph (a).

  2. (2)

    For the purpose of all other provisions of the Act that relate to prescribed gaming machine components, the following items are declared to be prescribed gaming machine components:

    1. (a)

      the items referred to in subregulation (1);

    2. (b)

      a cabinet designed to house the computer components of a gaming machine;

    3. (c)

      a gaming machine cabinet;

    4. (d)

      a gaming machine cabinet door;

    5. (e)

      gaming machine artwork;

    6. (f)

      the reel tape and reel mechanism for a gaming machine;

    7. (g)

      a gaming machine hopper and any part recognisable as being a part of a gaming machine hopper;

    8. (h)

      a bank note acceptor;

    9. (i)

      any device (including hardware or software) that allows the printing or issue of tickets for use in connection with a gaming machine.

5Prescribed duties

For the purposes of section 49 of the Act, the following duties are prescribed:

  1. (a)

    paying out winnings (including redeeming the credit value of a ticket);

  2. (b)

    issuing or redeeming gaming tokens;

  3. (c)

    opening a secure area of a gaming machine;

  4. (d)

    performing any tasks that require the opening of a secure area of a gaming machine;

  5. (e)

    if a gaming machine on the licensed premises operates in connection with a cashless gaming system—

    1. (i)

      providing assistance to a person using the cashless gaming system; or

    2. (ii)

      assisting the user of the cashless gaming system to store and transfer value from a user's account to a gaming machine; or

    3. (iii)

      providing assistance to a person using the pre‑commitment system;

  6. (f)

    providing assistance to a person using a gaming machine operated by insertion of a ticket.

Part 2Approved trading system (section 27B of Act)6Interpretation

In this Part—

purchaser price—see regulation 11;

trading day—see regulation 7(2)(c);

trading round—see regulation 7;

vendor price—see regulation 11.

7Establishment of trading round
  1. (1)

    The Commissioner may, and must if directed to do so by the Minister, by notice in the Gazette, establish a trading round for gaming machine entitlements.

  2. (2)

    The notice must—

    1. (a)

      invite offers to purchase or sell gaming machine entitlements from persons entitled to do so; and

    2. (b)

      fix a closing date and time for the submission of the offers; and

    3. (c)

      fix a day for the determination by the Commissioner of the offers that are to be regarded as accepted in the trading round (the trading day); and

    4. (d)

      fix the administration fees for the trading round for the submission of offers to purchase and the withdrawal of offers to sell.

  3. (3)

    A copy of the notice or the information contained in the notice must be given to the holder of the casino licence and each holder of a gaming machine licence or gaming machine entitlement (although non‑compliance with this subregulation does not invalidate any sale of gaming machine entitlements).

8Offer to sell entitlement in trading round
  1. (1)

    Subject to this regulation, a person holding gaming machine entitlements may submit, for each entitlement the person wishes to sell in a trading round, an offer in a form approved by the Commissioner specifying the lowest price the person is willing to accept for the entitlement.

  2. (3)

    An offer to sell a gaming machine entitlement must be accompanied by evidence to the Commissioner's satisfaction of the vendor's right to sell the gaming machine entitlement.

  3. (4)

    At any time before the closing date and time for the submission of offers in a trading round, an offer to sell a gaming machine entitlement may be withdrawn on payment of the applicable administration fee.

  4. (5)

    If it is determined in accordance with this Part that an offer to sell a gaming machine entitlement in a trading round is to be regarded as accepted, the amount to be paid to the vendor by the Commissioner for the entitlement will be the vendor price for the trading round determined in accordance with this Part, regardless of the actual amount of the offer.

9Offer to purchase entitlement in trading round
  1. (1)

    Subject to this regulation, a person who is eligible to purchase gaming machine entitlements may submit, for each entitlement the person wishes to purchase in a trading round, a written offer specifying the highest price the person is willing to pay for the entitlement and, except in the case of an offer by Club One, the premises to which the entitlement will relate.

  2. (2)

    An offer to purchase must be in a form approved by the Commissioner and, except in the case of an offer by Club One, be accompanied by the applicable administration fee.

  3. (3)

    The Commissioner may require a person who makes an offer to purchase a gaming machine entitlement to provide an irrevocable letter of credit from a financial institution, or other security to the satisfaction of the Commissioner, for payment of the purchase price (and, if the letter of credit or security is not provided within the time allowed by the Commissioner, the offer to purchase the entitlement will be taken to be withdrawn and the Commissioner will retain the administration fee for the offer).

  4. (4)

    At any time before the closing date and time for the submission of offers in a trading round, an offer to purchase a gaming machine entitlement may be withdrawn and the Commissioner will retain the administration fee for the offer.

  5. (5)

    If it is determined in accordance with this Part that an offer to purchase a gaming machine entitlement in a trading round is to be regarded as accepted, the amount to be paid by the purchaser to the Commissioner for the entitlement will be the purchaser price for the trading round determined in accordance with this Part, regardless of the actual amount of the offer.

  6. (6)

    For the purposes of this regulation, a person is eligible to purchase gaming machine entitlements if the person is—

    1. (a)

      a licensee whose licensed premises are approved for the operation of more gaming machines than the number of gaming machine entitlements held by the licensee (but such a licensee is not eligible to purchase a number of gaming machine entitlements exceeding the difference between the number of gaming machine entitlements currently held by the licensee and the number of gaming machines approved for operation on the licensed premises); or

    2. (b)

      Club One; or

    3. (c)

      the holder of the casino licence.

10Commissioner may reject offer or cancel trading round
  1. (1)

    The Commissioner has a discretion to reject (at any time before the trading day for a trading round) an offer to sell or to purchase a gaming machine entitlement in the trading round if the intending vendor or purchaser is subject to disciplinary proceedings under the Act or there is some other good reason to do so.

  2. (2)

    If an offer to purchase a gaming machine entitlement is rejected, the administration fee must be refunded.

  3. (3)

    The Commissioner may, by notice in the Gazette on or before the trading day for a trading round, cancel the trading round.

  4. (4)

    The notice must (unless the reason for cancellation arises from criminal intelligence) briefly set out the reasons for cancelling the trading round.

  5. (5)

    Notice of the cancellation must be given to the holder of the casino licence and each holder of a gaming machine licence or gaming machine entitlement and all administration fees must be refunded.

11Determination of offers and prices in trading round
  1. (1)

    For each trading round, the Commissioner will determine the offers to sell and the offers to purchase that, as of the trading day, are to be regarded as accepted and the purchaser price and the vendor price as follows:

    1. (a)

      for each offer to sell a gaming machine entitlement, the minimum amount that the vendor will accept is to be multiplied by 4 and divided by 3 to produce a notional selling price;

    2. (b)

      each offer to sell an entitlement is to be assigned a priority, with the highest priority (number 1) being assigned to the offer of the lowest amount and the lowest priority (the highest number) being assigned to the offer of the highest amount;

    3. (c)

      if there is more than 1 offer to sell an entitlement for the same amount, the order of priority is to be determined by the drawing of lots;

    4. (d)

      the priority numbers assigned to the offers to sell are then to be adjusted to produce a notional priority for each offer so that there are 2 offers for every priority number that is a multiple of 3, that is, the priority numbers are to be adjusted to match the following pattern: 1, 2, 3, 3, 4, 5, 6, 6, 7, 8, 9, 9, 10 and so on (with original priority 4 becoming priority 3, original priority 5 becoming priority 4, original priority 6 becoming priority 5, original priorities 7 and 8 becoming priority 6 and so on);

    5. (e)

      even though the same priority number is notionally assigned to 2 offers to sell, the original order of priority as between those offers is preserved;

    6. (f)

      each offer to purchase an entitlement is to be assigned a priority, with the highest priority (number 1) being assigned to the offer of the highest amount and the lowest priority (the highest number) being assigned to the offer of the lowest amount;

    7. (g)

      if there is more than 1 offer to purchase an entitlement for the same amount, the order of priority is to be determined by the drawing of lots;

    8. (h)

      the entitlements to be sold (if any) are to be determined in order of priority of the offers;

    9. (i)

      an entitlement will be sold if the amount of the notional selling price of an offer to sell of a particular priority is the same as or less than the amount of the offer to purchase of the same priority (and those offers will be regarded as accepted as of the trading day);

    10. (j)

      the priority of an offer to sell referred to in paragraph (i) is the notional priority assigned under paragraph (d);

    11. (k)

      the purchaser price of an entitlement is half of the sum of—

      1. (i)

        the amount of the offer to purchase an entitlement that is of the lowest priority that is to be regarded as accepted; and

      2. (ii)

        the amount of the notional selling price of the offer to sell an entitlement that is of the lowest priority that is to be regarded as accepted;

    12. (l)

      the vendor price of an entitlement is three quarters of the amount of the purchaser price.

  2. (2)

    The Commissioner must publish on a website to which the public has access free of charge, or in some other form considered appropriate by the Commissioner, the Commissioner's determination of the purchaser price and the vendor price for a trading round.

  3. (3)

    The Commissioner must inform each person with an offer to sell or purchase a gaming machine entitlement in a trading round of the Commissioner's determination for the round, including the purchaser price, the vendor price and whether or not the person's offer is to be regarded as accepted.

12Outcome of trading round
  1. (1)

    A person whose offer to purchase a gaming machine entitlement is, as of a trading day, to be regarded as accepted must, within 14 days after the trading day, pay to the Commissioner the purchaser price for the entitlement and, in addition, any GST applicable to the sale.

  2. (2)

    The difference between the aggregate of the amounts paid by purchasers and the aggregate of the amounts paid to vendors for gaming machine entitlements sold in a trading round is payable as commission into the Gamblers Rehabilitation Fund.

  3. (3)

    As the Commissioner receives the proceeds of sale of a trading round and at intervals following the trading day determined by the Commissioner, the Commissioner is to—

    1. (a)

      make payments to the vendors in the order of priority of the offers to sell gaming machine entitlements to be regarded as accepted; and

    2. (b)

      vest gaming machine entitlements in purchasers in the order in which they have made payments for the entitlements; and

    3. (c)

      —

      1. (i)

        vest in Club One every fourth entitlement sold in the trading round by non‑profit associations; and

      2. (ii)

        cancel every fourth entitlement sold in the trading round by persons other than non‑profit associations,

    (those entitlements having been surrendered to the Crown).

  4. (3a)

    For the purposes of subregulation (3), a reference to a non‑profit association does not include the holder of the special club licence.

  5. (4)

    An entitlement is taken to be transferred by the vendor or cancelled at a time specified by the Commissioner by notice in writing to the vendor and an entitlement is taken to be vested in a purchaser or Club One at the time specified by the Commissioner by notice in writing to the purchaser or Club One.

13Default by purchaser of entitlement in trading round
  1. (1)

    If a purchaser of a gaming machine entitlement in a trading round fails to pay the purchaser price for the entitlement within 14 days after the trading day—

    1. (a)

      the Commissioner may, at the Commissioner's discretion, offer to sell the entitlement at the purchaser price for the trading round to persons who submitted unsuccessful offers to purchase an entitlement in the round at or above the purchaser price for the round in the order of priority of those offers in the round; and

    2. (b)

      the purchaser may not submit an offer to purchase a gaming machine entitlement (in respect of any premises) in the next trading round.

  2. (2)

    If a person to whom an offer is made under subregulation (1)(a) pays to the Commissioner the purchaser price for the gaming machine entitlement and, in addition, any GST applicable to the sale within the period allowed by the Commissioner, the person is to be regarded as a purchaser whose offer to purchase an entitlement is to be regarded as accepted (in substitution for the purchaser in default).

  3. (3)

    If at least 42 days have passed since a trading day and a vendor whose offer to sell a gaming machine entitlement is, as of that day, to be regarded as accepted has not received payment for the entitlement, the vendor may, by notice in writing to the Commissioner, withdraw the entitlement from sale in the trading round.

  4. (4)

    If a gaming machine entitlement is withdrawn from sale under subregulation (3), the Commissioner must not accept payment for the last gaming machine entitlement that would otherwise have been vested in a purchaser in the trading round, and, if a second entitlement is withdrawn from sale under subregulation (3), for the second to last entitlement that would otherwise have been vested in a purchaser in the trading round, and so on.

  5. (5)

    If a vendor whose offer to sell a gaming machine entitlement is to be regarded as accepted in a trading round has not received payment for the entitlement before the publication of a notice in the Gazette establishing the next trading round, the entitlement is taken to be withdrawn from sale in the trading round and the Commissioner must not accept payment for the entitlement in that round.

14Closure of trading round
  1. (1)

    A trading round is closed when all payments for gaming machine entitlements that may be accepted in the trading round have been made.

  2. (2)

    On the closure of a trading round, 1 entitlement may remain available to be vested in Club One in a subsequent trading round (see regulation 15) but otherwise the Commissioner is to cancel any entitlements sold in the trading round and not vested in purchasers or Club One or cancelled under regulation 12(3) (those entitlements having been surrendered to the Crown).

  3. (3)

    The Commissioner must ensure that notice of the closure of a trading round is published on a website to which the public has access free of charge.

15Remainder of entitlements sold by non‑profit associations to be taken into account in future trading rounds

If there is a remainder after the total number of entitlements sold in a trading round by non‑profit associations is divided by 4, a number of entitlements equal to the remainder is to be taken into account in the next trading round for the purposes of determining the number of entitlements sold in that trading round by non‑profit associations (and consequently the number of entitlements to be vested in Club One) as if they had been sold in that trading round by non‑profit associations.

Part 3Other provisions16Statutory objective

For the purposes of section 27E(1) of the Act, the statutory objective is to reduce the number of gaming machines that may be operated in the State to a number not exceeding 13 081.

17Duty to wear identification cards
  1. (1)

    The holder of a gaming machine licence must, while within a gaming area on the licensed premises that is open for business, wear an identification card that—

    1. (a)

      is in the form approved by the Commissioner; and

    2. (b)

      is clearly visible to other persons.

Maximum penalty: $2 500.

  1. (2)

    The holder of a gaming machine service licence must, while carrying out their duties on licensed premises, wear an identification card that—

    1. (a)

      is in the form approved by the Commissioner; and

    2. (b)

      is clearly visible to other persons.

Maximum penalty: $2 500.

  1. (3)

    An approved gaming machine technician or an employee of the holder of the gaming machine monitor licence must, while carrying out their duties on licensed premises, wear an identification card that—

    1. (a)

      is in the form approved by the Commissioner; and

    2. (b)

      is clearly visible to other persons.

Maximum penalty: $2 500.

18Certain tasks must not be delegated

The holder of a gaming machine licence or a gaming manager must not suffer or permit another person (other than the licensee or manager) to—

  1. (a)

    exercise powers or perform any functions or duties specified in a code of practice prescribed by the Commissioner to be undertaken by a gaming manager; or

  2. (b)

    exercise the power to withhold winnings in the circumstances prescribed by the Act.

Maximum penalty: $2 500.

19Minister may grant exemptions
  1. (1)

    The Minister may grant exemptions from such provisions of the Act as may be necessary for the purpose of allowing—

    1. (a)

      any university or any college established under the Technical and Further Education Act 1975; or

    2. (b)

      such other person or body as the Minister may approve,

to provide training courses in any aspect of the gaming machine industry.

  1. (2)

    The Minister may grant exemptions from such provisions of the Act as may be necessary for the purpose of—

    1. (a)

      enabling an approved gaming machine technician to install, service or repair gaming machines, games or prescribed gaming machine components; and

    2. (b)

      enabling an approved gaming machine technician or the holder of a gaming machine service licence to do any of the following:

      1. (i)

        have or take possession of a gaming machine or game for the purpose of installing, servicing or repairing it;

      2. (ii)

        have possession of a gaming machine or game on a temporary basis prior to its installation;

      3. (iii)

        seal a gaming machine or the computer cabinet or any other part of a gaming machine or break or otherwise interfere with any such seal, in the course of their duties.

  2. (3)

    The Minister may grant an exemption from section 77(1) of the Act in relation to the transfer of all gaming machines together with a gaming machine licence and all gaming machine entitlements held by the transferor immediately before the transfer.

  3. (4)

    The Minister may grant exemptions from such provisions of the Act as may be necessary for the purpose of allowing any particular person or body, or any person or body of a particular class, to exhibit and demonstrate gaming machines at trade fairs or exhibitions or other similar events.

  4. (6)

    The Minister may grant exemptions from such provisions of the Act as may be necessary for the purpose of allowing any particular person or body, or any person or body of a particular class, to possess and operate a gaming machine for the purposes of—

    1. (a)

      conducting research into problem gambling or other issues associated with gambling; or

    1. (b)

      providing a program of treatment for problem gamblers.

  2. (7)

    The Minister may grant exemptions from such provisions of the Act as may be necessary for the purpose of enabling gaming machines owned by the holder of the casino licence under the Casino Act 1997 to be stored at a secure location by a person who does not hold a licence.

  3. (8)

    Without limiting the conditions that may be imposed under subregulation (9), an exemption under subregulation (7) is subject to the following conditions:

    1. (a)

      the person storing the gaming machines and the premises at which the gaming machines are stored must be approved by the Commissioner;

    2. (b)

      a gaming machine must not be transferred to the approved premises unless the Commissioner has been given notice in writing of the details of the gaming machine and the date and time of its proposed transfer;

    3. (c)

      a gaming machine must not be disposed of at, or removed from, the approved premises unless the Commissioner has been given notice in writing of—

      1. (i)

        the details of the gaming machine; and

      2. (ii)

        if the machine is to be disposed of—the proposed method, date and time of disposal; and

      3. (iii)

        if the machine is to be removed—the purpose of its removal, the place to which it is to be removed and the date and time of its proposed removal;

    4. (d)

      an authorised officer may exercise powers for the purposes of ascertaining whether the conditions of the exemption are being complied with as if those powers were being exercised under the Act, the approved premises were premises used in the course of a business carried on under a licence and the officer were ascertaining whether the provisions of the licence were being complied with, and a person—

      1. (i)

        must not, without reasonable excuse, hinder or obstruct the authorised officer in the exercise of the powers; or

      2. (ii)

        fail to answer a question put by the authorised officer to the best of their knowledge, information or belief; or

      3. (iii)

        fail to comply with any other lawful requirement or direction of the authorised officer; or

      4. (iv)

        use abusive, threatening or insulting language to the authorised officer or a person assisting the authorised officer.

  4. (9)

    An exemption may be conditional or unconditional.

  5. (10)

    In the case of an exemption to be granted to a class of persons, the Minister will grant the exemption by notice in the Gazette.

  6. (11)

    The Minister may vary or revoke an exemption granted under this regulation—

    1. (a)

      in the case of an exemption granted under subregulation (10)—by notice in the Gazette; or

    2. (b)

      in any other case—by notice given to the person to whom the exemption relates.

20Exemption of certain private owners of gaming machines
  1. (1)

    A person who, immediately before the commencement of the Act, had possession of a gaming machine in their home is exempt from the Act provided that—

    1. (a)

      they have possession of only 1 such machine; and

    2. (b)

      they do not use the machine, or suffer or permit it to be used, for the purposes of gaming; and

    3. (c)

      the machine is kept at all times in their principal place of residence; and

    4. (d)

      they have notified the Commissioner in writing of the fact that they possesses a gaming machine and of the address at which the gaming machine is kept.

  2. (2)

    A person exempted under this regulation must notify the Commissioner in writing of any change in the address of their principal place of residence.

Maximum penalty: $250.

  1. (3)

    For the purposes of this regulation, a gaming machine that is incapable of being operated will not be regarded as a gaming machine.

20AExemption for gaming machines located on ocean going passenger vessels
  1. (1)

    A person is exempt from the provisions of the Act to the extent necessary for the purposes of allowing possession of a gaming machine on an ocean going passenger vessel engaged in a designated journey subject to the following conditions:

    1. (a)

      a gaming machine must not be operated when the vessel is engaged in a designated journey;

    2. (b)

      a person must not, without the prior written approval of the Commissioner, acquire or dispose of a gaming machine when the vessel is engaged in a designated journey;

    3. (c)

      inspectors must, at any reasonable time when the vessel is engaged in a designated journey, be permitted to have access to the vessel on which the gaming machine is located.

  2. (2)

    For the purposes of this regulation, an ocean going passenger vessel is engaged in a designated journey if the vessel—

    1. (a)

      is transiting to or from a South Australian port or ports to or from locations overseas or interstate; or

    2. (b)

      is transiting to or from a South Australian port or ports to or from a South Australian port or ports (which may include returning to the same port), in circumstances where such vessel is being predominantly operated for tourism and where any gaming conducted is ancillary, and includes where the vessel temporarily exits South Australian State waters at any time during that particular journey but does not berth at a port located overseas or interstate during that particular journey.

  3. (3)

    In this regulation—

ocean going passenger vessel means a vessel containing a minimum of 100 passenger berths.

21Indemnity must be lodged with certain applications
  1. (1)

    A person lodging an application to which this subregulation applies must at the same time lodge an indemnity signed by the applicant indemnifying the Commissioner and the Police Commissioner against prescribed costs and expenses.

  2. (2)

    Subregulation (1) applies to—

    1. (a)

      an application for a gaming machine dealer's licence;

    2. (b)

      an application for a gaming machine service licence;

    3. (c)

      an application for the gaming machine monitor licence;

    4. (d)

      an application for approval of a gaming machine;

    5. (e)

      an application for approval of a game;

    6. (f)

      an application for approval of a gaming token;

    7. (g)

      an application for approval to manufacture approved gaming tokens.

  3. (3)

    A person lodging an application to which this subregulation applies must at the same time lodge an indemnity signed by the applicant indemnifying the Commissioner against the costs (which will be charged at the rate prescribed for the purposes of the Act) of investigating each natural person, being a person who is—

    1. (a)

      the applicant or 1 of the applicants; or

    2. (b)

      the person or 1 of the persons to whom the application relates; or

    3. (c)

      in the case of an application made by or relating to a body corporate—a person who occupies a position of authority in the body corporate.

  4. (4)

    Subregulation (3) applies to—

    1. (a)

      an application for a gaming machine licence or gaming machine service licence; and

    2. (b)

      an application for consent to the transfer of a gaming machine licence.

  5. (5)

    The following applicants must, on lodging an indemnity pursuant to this regulation, at the same time pay to the Commissioner a bond of $10 000 in support of the indemnity:

    1. (a)

      an applicant for the gaming machine monitor licence;

    2. (b)

      an applicant for a gaming machine dealer's licence;

    3. (c)

      an applicant for approval to manufacture approved gaming tokens.

  6. (6)

    The Commissioner may, if satisfied that the prescribed costs and expenses relating to an application are likely to exceed the amount of a bond paid by the applicant under this regulation, require the applicant to pay a further bond of such amount (not exceeding $10 000) as the Commissioner may specify.

  7. (7)

    In this regulation—

prescribed costs and expenses, in relation to an application, means the costs and expenses certified by the Commissioner or the Police Commissioner, as the case may require, as the costs and expenses incurred in carrying out investigations for the purposes of determining whether or not the application should be granted.

23Approval of gaming machines and games
  1. (1)

    For the purposes of section 40(2)(b) and (4)(c) of the Act, a requirement that a gaming machine or a game (as the case requires) has been certified by the holder of the gaming machine monitor licence as being able to be operated in a way that is compatible with the monitoring system is prescribed.

  2. (2)

    Subject to subregulation (3), for the purposes of section 40(2)(b) and (4)(c) of the Act, a requirement that a gaming machine or a game (as the case requires) complies with the Australian/New Zealand Gaming Machine National Standard 2016 (or any subsequent version) as modified by the relevant Appendix is prescribed.

  3. (3)

    Subregulation (2) does not apply in relation to a gaming machine or a game to be played on a gaming machine (as the case requires) if—

    1. (a)

      the gaming machine or game is already approved or taken to have been approved under section 40 of the Act; and

    2. (b)

      the Commissioner is satisfied that it is not economically viable to modify the gaming machine or game to comply with the Australian/New Zealand Gaming Machine National Standard 2016 (or any subsequent version) as modified by the relevant Appendix.

  4. (4)

    In this regulation—

relevant Appendix in relation to a version of the Australian/New Zealand Gaming Machine National Standard means—

  1. (a)

    the latest South Australian Appendix to that version; or

  2. (b)

    the latest Appendix to that version of a jurisdiction referred to in regulation 24.

23AApproval of facial recognition system – prescribed requirements

For the purposes of section 40D(2) of the Act, the following requirements are prescribed in relation to an approval of a facial recognition system by the Commissioner under section 40D of the Act:

  1. (a)

    the system must be capable of accurately taking account of physical variances in facial features;

  2. (b)

    the system must be designed to prevent unauthorised access, use and disclosure of data collected by the system;

  3. (c)

    the system must be able to be operated in accordance with—

    1. (i)

      technical requirements; and

    2. (ii)

      security requirements; and

    3. (iii)

      any other criteria,

as determined by the Commissioner.

24Prescribed jurisdiction (section 42 of Act)

For the purposes of section 42(7) and (8) of the Act, the following jurisdictions are prescribed:

  1. (a)

    New South Wales;

  2. (b)

    New Zealand;

  3. (c)

    Queensland;

  4. (d)

    Victoria.

25Commissioner may exempt licensee from cash facilities limitations
  1. (1)

    The Commissioner may, on application by the holder of a gaming machine licence in a manner and form determined by the Commissioner, exempt the holder of a gaming machine licence from the limitation on the amount of cash that may be provided by means of cash facilities on licensed premises specified in the application.

  2. (2)

    An exemption under subregulation (1)—

    1. (a)

      must specify—

      1. (i)

        the premises to which the exemption relates; and

      2. (ii)

        the type of cash facilities to which the exemption applies; and

      3. (iii)

        the amount of cash that may be provided by means of a cash facility in a transaction or set of transactions on that cash facility, on any 1 debit or credit card within a 24 hour period; and

    2. (b)

      may be varied or revoked as the Commissioner thinks fit.

26Requirement for pre‑commitment system

For the purposes of section 53A(1)(d) of the Act, it is a requirement that a gaming machine be operated in connection with a pre‑commitment system operated by the licensee in compliance with the requirements of the Voluntary Pre‑commitment Code set out in Schedule 3.

27Operation of gaming machine by insertion of a ticket – prescribed requirements
  1. (1)

    For the purposes of section 53A(3)(c) of the Act, the holder of a gaming machine licence must not provide any gaming machine on the licensed premises that may be operated by insertion of a ticket unless the machine is operated in connection with a TITO system that complies and is operated in accordance with the requirements set out in this regulation.

  2. (2)

    A TITO system must comply with the requirements of, and be operated in accordance with, the gambling administration guidelines issued under section 17 of the Gambling Administration Act 2019.

  3. (3)

    A TITO system must not issue a ticket containing any form of promotional information or advertising.

  4. (4)

    A TITO system must not allow a gaming machine to be operated by insertion of a ticket if the cash value of the ticket when redeemed would cause the credit meter on the machine to exceed $149.99.

  5. (5)

    A TITO system must not issue a ticket with a credit value that is more than $5 000.

  6. (6)

    The holder of a gaming machine licence must not allow a person to redeem the credit value of a ticket issued by a TITO system—

    1. (a)

      by means of a TITO system—after 30 days from the date of issue of the ticket; or

    2. (b)

      by other means—after 12 months from the date of issue of the ticket.

  7. (7)

    If, on the second day of any calendar month, the total credit value of all unredeemed tickets issued by means of a TITO system operated in connection with gaming machines on particular premises is $750 or more, the holder of the gaming machine licence in respect of those premises must, before the last day of that calendar month, pay an amount equal to that total credit value to the Commissioner who must then pay that amount into the Gamblers Rehabilitation Fund.

  8. (8)

    In this regulation—

TITO system means a system that enables the insertion and issue of tickets that may be redeemed for credit or cash value for the purpose of play on a gaming machine;

unredeemed ticket means a ticket issued by means of a TITO system with a credit value of or above $1 that is not, in accordance with subregulation (6), able to be redeemed (whether by means of a TITO system or by other means).

27AUnclaimed winnings – prescribed amount

For the purposes of section 76AA(3) of the Act, the prescribed amount is—

  1. (a)

    in relation to an amount of winnings—$50.01; or

  2. (b)

    in relation to a residual jackpot—$10 000.01 (less any start‑up value).

28Operation of facial recognition system – prescribed requirements
  1. (1)

    For the purposes of Schedule 1 paragraph (ka)(i) of the Act, the following requirements are prescribed in relation to the operation of a facial recognition system:

    1. (a)

      data collected by the system may only be accessed by the system provider, the licensee, a gaming manager or a gaming employee;

    2. (b)

      data collected by the system must not be used for or in connection with the following:

      1. (i)

        encouraging or providing incentives to a person to gamble;

      2. (ii)

        customer loyalty programs;

      3. (iii)

        a lottery within the meaning of the Lottery and Gaming Act 1936 or the Lotteries Act 2019;

      4. (iv)

        identifying a barred person in respect of premises other than the licensed premises in relation to which the system is operating;

      5. (v)

        any other purpose notified by the Commissioner to the system provider or licensee.

  2. (2)

    For the purposes of Schedule 1 paragraph (ka)(ii) of the Act, the following requirements are prescribed in relation to the recording of a person's facial image by means of an approved facial recognition system:

    1. (a)

      the licensee must, by notice displayed at each entrance to a gaming area in a manner and form approved by the Commissioner, notify each person who is about to enter the gaming area that a record of the person's facial image will be made by means of the approved facial recognition system;

    2. (b)

      the facial image of a person or any data recorded by the approved facial recognition system that identifies a person (other than a barred person), must not be retained by the licensee or on any system operated on or on behalf of the licensee after 72 hours of being recorded by the system.

29Notice of application

A notice of application required to be given under the Act must—

  1. (a)

    specify the full name and address for service of the applicant; and

  2. (b)

    describe the nature of the application; and

  3. (c)

    if the application is in respect of premises—

    1. (i)

      specify the name or proposed name of all premises to which the application relates; and

    2. (ii)

      specify the address of all premises or proposed premises to which the application relates; and

  4. (d)

    specify the day that has been appointed for determination or hearing of the application by the Commissioner; and

  5. (e)

    specify the address and website determined by the Commissioner at which the application and certain documents and material relevant to the application may be inspected; and

  6. (f)

    include statements advising—

    1. (i)

      that any person may, at least 7 days before the day appointed for determination or hearing of the application by the Commissioner, make written submissions to the Commissioner in respect of the application in a manner and form approved by the Commissioner; and

    2. (ii)

      that a person who makes a written submission must give a copy of it to the applicant at the address for service provided in the notice at least 7 days before the day appointed for determination or hearing of the application by the Commissioner; and

    3. (iii)

      that the application and certain documents and material relevant to the application may be inspected at the address and website determined by the Commissioner until the day appointed for determination or hearing of the application by the Commissioner.

Schedule 3—Voluntary Pre‑commitment Code

 

Registration

1.

The licensee must permit a customer who wishes to do so to register with the pre‑commitment system by—

  1. 1.1

    completing an application in writing at a venue; or

  2. 1.2

    making a request in person to venue staff; or

  3. 1.3

    completing a form on a website available generally on the Internet.

2.

The licensee must not only offer pre‑commitment in conjunction with a loyalty system.

3.

The licensee must provide a customer who applies for registration with the following information, in writing, regarding the terms and conditions of registration with the pre‑commitment system:

  1. 3.1

    the process by which a registered customer may vary their expenditure limits and other details, and how and when the variation will apply;

  2. 3.2

    privacy protections for the registered customer;

  3. 3.3

    the application of a default daily expenditure limit if the registered customer does not specify their own expenditure limit;

  4. 3.4

    the consequences if the registered customer exceeds an expenditure limit or fails to comply with a break in play period or no play period, in particular—

    1. 3.4.1

      that the pre‑commitment system will monitor the customer's play data to enable a reminder message to be sent to the customer; and

    2. 3.4.2

      that the pre‑commitment system will notify venue staff when a registered customer exceeds their expenditure limit or fails to comply with a break in play period or no play period.

4.

The licensee must obtain the customer's consent to the terms and conditions before registering a customer.

5.

The licensee must record on the pre‑commitment system a registered customer's preferred—

  1. 5.1

    language for use on the pre‑commitment system (the preferred language); and

  2. 5.2

    method of communication (post, email, SMS or in‑venue communication (the preferred communication method)).

Setting and varying limits

6.

The pre‑commitment system must allow a registered customer to—

  1. 6.1

    set the following:

    1. 6.1.1

      a daily or weekly expenditure limit (eg $50 per day);

    2. 6.1.2

      break in play periods (eg a 5 minute break every hour);

    3. 6.1.3

      no play periods (eg pay or pension day, the hours when children are picked up from school);

    4. 6.1.4

      a personal reminder message to be displayed at the gaming machine when the customer exceeds their expenditure limit or fails to comply with a break in play period or no play period; and

  2. 6.2

    vary any matter referred to in item 6.1 by completing an application, in writing, at a venue, online, at an automated kiosk or by making a request, in person, to venue staff.

7.

If a registered customer does not specify an expenditure limit, the pre‑commitment system must set a default daily expenditure limit of $100 per day.

8.

The pre‑commitment system must apply any variations referred to in item 6.2 as follows:

  1. 8.1

    a variation must be applied as soon as practicable if the customer has not played a gaming machine since registering;

  2. 8.2

    a variation (other than a variation to increase an expenditure limit) must be applied as soon as practicable if the customer has played a gaming machine since registering;

  3. 8.3

    if the customer has played a gaming machine since registering and the requested variation is to increase an expenditure limit, the variation must only be applied if—

    1. 8.3.1

      a period of 24 hours has passed since the making of the request; and

    2. 8.3.2

      the customer has confirmed to the licensee (in person or by any other means) that he or she still requires the making of the variation.

9.

Once a varied expenditure limit is applied by the pre‑commitment system, any previous expenditure limit set by the registered customer has no effect.

Operation of the pre‑commitment system

10.

The pre‑commitment system must comply with the following requirements:

  1. 10.1

    the system must use the registered customer's preferred language, if available, but may use English until the data about customer preferences is analysed to identify a minimum set of common languages to be offered by the system;

  2. 10.2

    the system must be capable of displaying on-screen messages on a primary screen or an ancillary screen;

  3. 10.3

    the system must enable the display of a reminder message set by the licensee on the primary screen or the ancillary screen when the registered customer reaches 50%, 75% and 90% of their expenditure limit;

  4. 10.4

    if a registered customer exceeds their expenditure limit, the system must enable the display of the customer's personal reminder message (or, if the customer has not set a reminder message, a default message set by the licensee) on the primary screen or the ancillary screen;

  5. 10.5

    if the registered customer continues to play after exceeding their expenditure limit, the system must enable a further reminder message to be displayed on the primary screen or the ancillary screen when the customer exceeds their expenditure limit by 10%, 20% and 50%;

  6. 10.6

    the system must notify venue staff when the registered customer exceeds their expenditure limit or fails to comply with a break in play period or no play period;

  7. 10.7

    if a registered customer fails to comply with a break in play period or a no play period, the system must enable the display of the customer's personal reminder message (or, if the customer has not set a reminder message, a default message set by the licensee) on the primary screen or the ancillary screen;

  8. 10.8

    if a reminder message is displayed on a primary screen, the system must not allow the message to be removed from the display until the registered customer acknowledges the message;

  9. 10.9

    if a reminder message is displayed on an ancillary screen, the system must not allow a registered customer to continue play until the customer acknowledges the message.

11.

For the purposes of item 10—

primary screen means a gaming machine screen;

ancillary screen means a screen measuring not less than 14 cm in width and 5 cm in height that is in the sandwich board of a gaming machine or attached or next to a gaming machine.

12.

The registered customer's pre‑commitment data must be usable on the same system if that system is available on another gaming machine (whether the machine is in the same or a different venue).

Communication

13.

The licensee must communicate with a registered customer by the preferred communication method.

14.

The licensee must, every 6 months, request by the registered customer's preferred communication method, that the customer confirm or vary their expenditure limit.

15.

The licensee must provide the registered customer with a periodic activity statement every 6 months by the customer's preferred communication method. This requirement only applies if the registered customer has played a gaming machine in the last 6 months using the pre‑commitment system.

16.

The pre‑commitment system must allow the registered customer to access an on‑demand activity statement for the current session of play, the previous month of play or any period up to the previous 6 months of play. The registered customer may request an on‑demand activity statement from venue staff, online or at an automated kiosk.

17.

The following information must be provided in a periodic and an on‑demand activity statement:

  1. 17.1

    the period of the statement;

  2. 17.2

    the total amount spent during that period;

  3. 17.3

    each amount won and lost during that period;

  4. 17.4

    the net amount won or lost during that period;

  5. 17.5

    the current expenditure limit;

  6. 17.6

    the number of times the registered customer exceeded their expenditure limit during that period.

18.

The periodic activity statement and on‑demand activity statement must be in the registered customer's preferred language, if available.

Miscellaneous

19.

The licensee must, on the request of the Commissioner, provide to the Commissioner de‑identified information recorded by the pre‑commitment system to be used for gambling research.

Schedule 4—Transitional regulations

1—Approval of gaming machine intended to operate a TITO system

  1. (1)

    For the purposes of section 40(2)(b) of the Act, a requirement that any gaming machine that is intended to be operated in connection with a TITO system is able to be operated in accordance with the notified TITO requirements is, until 3 December 2020, prescribed.

  2. (2)

    In this clause—

notified TITO requirements means any requirements notified by the Commissioner on a publicly available website determined by the Commissioner for the purposes of this clause;

TITO system means a system that enables the insertion and issue of tickets that may be redeemed for credit or cash value for the purpose of play on a gaming machine.

2—Approval of facial recognition system

  1. (1)

    For the purposes of section 40D(2) of the Act, a requirement that a facial recognition system must be able to be operated in accordance with the notified facial recognition system requirements is, until 3 December 2020, prescribed.

  2. (2)

    In this clause—

notified facial recognition system requirements means any requirements notified by the Commissioner on a publicly available website determined by the Commissioner for the purposes of this clause.

Legislative history

Notes

  • •

    Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

  • •

    Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.

  • •

    For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or revoked by principal regulations

    The Gaming Machines Regulations 2020 revoked the following:

    Gaming Machines Regulations 2005

    Principal regulations and variations

    New entries appear in bold.

    Year

    No

    Reference

    Commencement

    2020

    50

    Gazette 30.4.2020 p841

    1.6.2020: r 2

    2020

    248

    Gazette 30.7.2020 p4131

    30.7.2020: r 2

    2020

    249

    Gazette 30.7.2020 p4134

    3.12.2020: r 2

    2021

    181

    Gazette 9.12.2021 p4333

    9.12.2021: r 2

    Provisions varied

    New entries appear in bold.

    Entries that relate to provisions that have been deleted appear in italics.

    Provision

    How varied

    Commencement

    Pt 1

    r 2

    omitted under Legislation Revision and Publication Act 2002

    30.7.2020

    r 3

    ticket

    inserted by 249/2020 r 4

    3.12.2020

    r 4

    r 4(2)

    varied by 248/2020 r 4

    30.7.2020

    r 5

    varied by 249/2020 r 5(1), (2)

    3.12.2020

    Pt 2

    r 6

    statutory objective

    deleted by 249/2020 r 6

    3.12.2020

    r 7

    r 7(4)

    deleted by 249/2020 r 7

    3.12.2020

    r 8

    r 8(2)

    deleted by 249/2020 r 8

    3.12.2020

    r 12

    r 12(3a)

    inserted by 249/2020 r 9

    3.12.2020

    r 16

    deleted by 249/2020 r 10

    3.12.2020

    Pt 3

    r 16

    inserted by 249/2020 r 11

    3.12.2020

    r 19

    r 19(5)

    deleted by 249/2020 r 12(1)

    3.12.2020

    r 19(11)

    varied by 249/2020 r 12(2)

    3.12.2020

    r 20A

    inserted by 249/2020 r 13

    3.12.2020

    r 22

    deleted by 249/2020 r 14

    3.12.2020

    r 23

    r 23(2)

    varied by 248/2020 r 5(1)

    30.7.2020

    r 23(3)

    varied by 248/2020 r 5(2)

    30.7.2020

    r 23(4)

    relevant Appendix

    varied by 248/2020 r 5(3)

    30.7.2020

    r 23A

    inserted by 248/2020 r 6

    30.7.2020

    rr 25 and 26

    substituted by 249/2020 r 15

    3.12.2020

    r 27

    substituted by 249/2020 r 15

    3.12.2020

    r 27(7)

    varied by 181/2021 r 4(1)

    9.12.2021

    r 27(8)

    unredeemed ticket

    varied by 181/2021 r 4(2)

    9.12.2021

    r 27A

    inserted by 181/2021 r 5

    9.12.2021

    rr 28 and 29

    inserted by 249/2020 r 15

    3.12.2020

    Schs 1 and 2

    deleted by 249/2020 r 16

    3.12.2020

    Sch 3

    varied by 249/2020 r 17(1), (2)

    3.12.2020

    Sch 4

    substituted by 248/2020 r 7

    30.7.2020

    Historical versions

    30.7.2020

    3.12.2020

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