Registered Clubs Act 1976 Registered Clubs Amendment (Responsible Gambling) Regulation 2000 (2000-161) [GG No 46 of 14.4.2000, p 3248] (NSW)

2000 No 161

Registered Clubs Amendment New South Wales

(Responsible Gambling)

Regulation 2000

under the

Registered Clubs Act 1976

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Registered Clubs Act 1976.

J. RICHARD FACE, M.P.,

Minister for Gaming and Racing

Explanatory note
The objects of this Regulation are as follows:

(a)

to require registered clubs at which approved gaming devices are kept to display notices and provide information to patrons about:

(i)	the availability of counselling services in a number of community languages, and
(ii)	the use and operation of approved gaming devices, and
(iii)	the chances of winning prizes from playing approved gaming devices, and
(iv)	the potential for excessive gambling to cause financial, social and other problems,

(b)

to ensure that registered clubs make the time shown on clocks readily visible by players of approved gaming devices,

(c)

to place limitations on the cashing of cheques by registered clubs,

Published in Gazette No 46 of 14 April 2000, page 3248

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Explanatory note

(d)

to require money prizes over $1,000 won from approved gaming devices to be paid by cheque and not cash to the prize-winner,

(e)

to require cash dispensing facilities (such as automatic teller machines) to be located in an area away from approved gaming devices,

(f)

to place limitations on the advertising of gambling activities by registered clubs,

(g)

to prevent registered clubs publishing anything that identifies patrons who win a prize of more than $1,000 and who have requested that anything disclosing their identity not be published,

(h)

to prohibit registered clubs from providing certain inducements to gamble (that is, offering free or discounted liquor as an inducement to participate in gambling activities at the club, or offering free credits for playing approved gaming devices),

(i)     to require the secretary of a club and certain employees of registered clubs to undertake a training course approved by the Liquor Administration Board,

(j)	to prescribe offences under the Act and regulations in respect of which courts may make remedial orders requiring corrective advertising or courses of training to be undertaken,
(k)	to prescribe the minimum requirements for schemes conducted by registered clubs under which people who misuse and abuse gambling activities can exclude themselves from clubs.

The amendments made by this Regulation will assist the implementation of the recently enacted Gambling Legislation Amendment (Responsible Gambling) Act 1999.

This Regulation is made under the Registered Clubs Act 1976, including sections 44C, 65B, 132A and 73 (the general regulation-making power).

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Registered Clubs Amendment (Responsible Gambling) Regulation 2000	Clause 1
Registered Clubs Amendment (Responsible Gambling) Regulation 2000

1      Name of Regulation

This Regulation is the Registered Clubs Amendment (Responsible
Gambling) Regulation 2000.

2 Amendment of Registered Clubs Regulation 1996

The Registered Clubs Regulation 1996 is amended as set out in

Schedule 1.

3 Notes

The explanatory note does not form part of this Regulation.

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Schedule 1	Amendment
Schedule 1	Amendment

(Clause 2)

Part 4 Approved gaming devices

Insert after clause 30F:

Division 6 Responsible gambling practices

Subdivision 1 Provisions relating to player information

30G Operation of this Subdivision

This Subdivision has effect on and from the day that is 2 months after the commencement of this clause.

30H	Display of information concerning chances of winning prizes on approved gaming devices
(1) A registered club must display, in accordance with this clause, a notice providing information about the chances of winning a major prize from the use or operation of any approved gaming device in the registered club.

Maximum penalty: 50 penalty units.

(2) The information contained in the notice must be in the following form:

The chance of winning a maximum prize up to $10,000 on a gaming machine is generally no better than 1 in 1, 000, 000.

(3)	The notice must be displayed in each part of the premises of the registered club where approved gaming devices are located.
(4)	The notice must be displayed in such a manner and in such a place that it would be reasonable to expect that a person entering the part of the premises of the registered club in

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which the notice is displayed would be alerted to its
contents.

(5) The matter contained in the notice must be in letters and figures not less than one centimetre in height.

30I	Approval of English and other community language player information brochures
(1) In this clause:

player information means the following:

(a)	information concerning the use and operation of approved gaming devices,
(b)	information concerning the chances of winning prizes from the playing of approved gaming devices,
(c)	the G-line (NSW) toll-free help line phone number operated under contractual arrangements made by the Department of Gaming and Racing.

(2) The Minister may approve one or more pamphlets or brochures containing player information in the English language (a player information brochure).

(3) The Minister may approve one or more pamphlets or brochures containing advice in the Arabic, Croatian, Chinese, Greek, Italian, Korean, Macedonian, Maltese, Serbian, Spanish, Turkish and Vietnamese languages that:

(a)	indicates the substance of the player information contained in a player information brochure, and
(b)	advises that the information will be supplied by the registered club in the relevant language on request by a patron of the club.
(4)	A pamphlet or brochure approved under subclause (3) may be combined with the player information brochure to which it relates.

(5) The Minister may approve one or more pamphlets or brochures (a community language player information brochure) containing player information in the Arabic, Croatian, Chinese, Greek, Italian, Korean, Macedonian,

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Maltese, Serbian, Spanish, Turkish and Vietnamese
languages.

(6) The Minister may vary or withdraw any approval given under this clause.

30J

Provision of player information brochures

(1)	A registered club that is authorised to keep approved gaming devices must make copies of a player information brochure approved by the Minister under clause 30I (2) available to patrons at the registered club in accordance with this clause. Maximum penalty: 50 penalty units.
(2)	The brochures must be made available in each part of the registered club in which approved gaming devices are located.
(3)	The brochures must be displayed in such a manner and in such a place that it would be reasonable to expect that a person entering the part of the registered club in which the brochures are required to be available would be alerted to their presence.

30K

Provision of player information brochures in community
languages

(1) A patron of a registered club that is authorised to keep approved gaming devices may request the club to supply to the patron a community language player information brochure approved under clause 30I (5) in one of the languages specified in that subclause.

(2) A registered club that is authorised to keep approved gaming devices must supply a brochure in accordance with a request under subclause (1) as soon as practicable after being requested to do so.

Maximum penalty: 50 penalty units.

30L	Dangers of gambling—notice to be displayed on approved gaming devices
(1) In this clause:

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gambling warning notice means a notice containing one or
more of the statements listed in subclause (5).
problem gambling notice means a notice in a form set out in

subclause (6) (a) or (b).

(2)

A registered club that is authorised to keep approved gaming
devices must display in accordance with this clause:

(a)	a gambling warning notice, and
(b)	a problem gambling notice.

Maximum penalty: 50 penalty units.

(3)

The gambling warning notice and problem gambling notice must be prominently displayed on the front or on top of each approved gaming device kept at the club.

(4) The wording required to appear in a gambling warning notice may appear (as a separate and distinct statement) in a problem gambling notice or with any other notice displayed on an approved gaming device, provided that the requirements of this clause in relation to the gambling warning and the problem gambling notice are otherwise complied with.

(5) The statements referred to in the definition of gambling

warning notice in subclause (1) are as follows:
DON’T LET GAMBLING TAKE CONTROL OF YOUR
LIFE
GAMBLING CAN BECOME ADDICTIVE
EXCESSIVE GAMBLING CAN RUIN LIVES
EXCESSIVE GAMBLING CAN DESTROY FAMILIES
AND FRIENDSHIPS
EXCESSIVE GAMBLING CAN LEAD TO THE LOSS OF
YOUR HOME OR OTHER ASSETS
EXCESSIVE GAMBLING CAN AFFECT YOUR HEALTH

(6) The notice referred to in the definition of problem gambling
notice must be in one of the following forms:

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(a)

Is gambling a

problem for you?

CALL G-line (NSW)

A confidential,

anonymous & free counselling service

FREE CALL 1800 633 635

, or (b)

Is gambling a problem for you?

CALL G-line (NSW)

A confidential, anonymous & free counselling service

FREE CALL 1800 633 635

(7)	The matter contained in a problem gambling notice must be in letters and figures of not less than 0.2 centimetres in height.
(8)	The matter contained in a gambling warning notice must be in capital letters of not less than 0.4 centimetres in height.

(9) The notices may be attached to, or placed on top of, an approved gaming device or may consist of a permanently visible light emitting display that forms part of the device.

30M	Counselling signage—notice to be displayed
(1) A registered club that is authorised to keep approved gaming devices must display a notice in the following form in the vicinity of the main entrance to the club in accordance with this clause:

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IS GAMBLING A PROBLEM FOR YOU? Are you in control of your gambling?

Do you gamble more than you can afford?

Do you borrow money to gamble? Do you gamble to win back losses?

Does your gambling affect your family and friends?

FOR INFORMATION, COUNSELLING AND REFERRAL

CALL G-line (NSW)

24 hours a day, 365 days a year

FREE CALL 1800 633 635

CONFIDENTIAL, ANONYMOUS AND FREE

Maximum penalty: 50 penalty units.

(2) The notice must be at least 42 centimetres by 29.5 centimetres in size, and the matter contained in the notice must be in letters and figures of not less than 0.6 centimetres in height.

(3) The notice must be displayed in such a manner and in such a place that it would be reasonable to expect that a person using the main entrance to the registered club in which the notice is displayed would be alerted to its contents.

30N	ATM signage
(1) A registered club that is authorised to keep approved gaming devices must display in accordance with this clause a notice in the form set out in paragraph (a) or (b) in a prominent position on the front or on top of each automatic teller machine (ATM) installed at the club:

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(a)

Is gambling a

problem for you?

CALL G-line (NSW)

A confidential,

anonymous & free counselling service

FREE CALL 1800 633 635

, or (b)

Is gambling a problem for you?

CALL G-line (NSW)

A confidential, anonymous & free counselling service

FREE CALL 1800 633 635

Maximum penalty: 50 penalty units.

(2) The matter contained in the notice must be in letters and figures of not less than 0.2 centimetres in height.

(3) The notice may be attached to an automatic teller machine or may consist of a permanently visible light emitting display that forms part of the machine.

30O Display of clocks

A registered club must ensure:

(a)	that a clock in good working order and that is set to, or within 10 minutes of, the correct time is kept in each part of the club where approved gaming devices are located, and
(b)	that the time shown on that clock can be readily viewed by any person operating an approved gaming device in that part of the club.

Maximum penalty: 50 penalty units.

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Subdivision 2 Cheques and cash dispensing facilities

30P	Prohibitions on dealings with cheques
(1) A registered club that is authorised to keep approved gaming devices must not do any of the following:

(a)	exchange a cheque payable to the order of any person other than the club for cash,
(b)	exchange a cheque for a sum exceeding $200 for cash,
(c)	exchange more than one cheque for the same person on a single day for cash,
(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 club).

Maximum penalty: 50 penalty units.

(2)	A registered club that is authorised to keep approved gaming devices must bank a cheque that the club has exchanged for cash within 2 working days after the day on which the cheque is accepted.
Maximum penalty: 50 penalty units.

(3) In this clause:

cash includes credits that can be used to play an approved
gaming device.
cheque has the same meaning as it has in the Cheques Act
1986 of the Commonwealth, but does not include a

traveller’s cheque.

(4) This clause has effect on and from the day that is 6 months
after the commencement of this clause.

30Q	Payment of prize money by cheque
(1) A registered club must pay so much of the total prize money payable to a person as exceeds $1,000 by means of a crossed cheque payable to the person.

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Maximum penalty: 50 penalty units.

(2) In this clause:

crossed cheque means a cheque crossed as referred to in section 53 of the Cheques Act 1986 of the Commonwealth as in force on the commencement of this clause.

total prize money means the total amount of money payable to a person as a result of the person winning money on an approved gaming device, or accumulating credits on an approved gaming device, or both, on a single occasion.

(3) This clause has effect on and from the day that is 6 months
after the commencement of this clause.

30R	Location of cash dispensing facilities away from approved gaming devices
(1) A registered club must not permit a facility for the withdrawal or transfer of money from a bank or authorised deposit-taking institution (such as an automatic teller machine or EFTPOS terminal) to be located in a part of the club premises in which approved gaming devices are located. Maximum penalty: 50 penalty units.
(2) Until 12 months after the commencement of subclause (1), a registered club does not commit an offence under that subclause in relation to a facility located at that commencement date in a part of the club in which approved gaming devices are located.

30S Exemption

(1) The Board may, in accordance with guidelines approved by the Minister, exempt a registered club in writing from the operation of clause 30P or 30R.

(2) The exemption may be limited in duration and may be subject to such conditions as may be specified in the exemption.

(3) The Board may cancel, or vary the terms of, an exemption in
writing at any time.

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Subdivision 3 Advertising

30T Definitions

In this Subdivision:
gambling advertising means advertising that gives publicity
to, or otherwise promotes or is intended to promote,
participation in gambling activities.
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).

30U	Prohibitions on gambling-related advertising
(1) A registered club or an employee of a registered club must not publish, or cause to be published, any gambling advertising relating to the club:

(a)	that encourages a breach of the law, or
(b)	that depicts children, or
(c)	that is false, misleading or deceptive, or
(d)	that suggests that winning a prize is a likely outcome of participating in gambling activities, or
(e)	that suggests that participation in gambling activities is likely to improve a person’s social standing or financial prospects, or
(f)	that suggests that a player’s skill can influence the outcome of a game that is purely a game of chance, or
(g)	that depicts or promotes the consumption of alcohol while engaging in gambling activities, or
(h)	that is not conducted in accordance with decency, dignity and good taste and in accordance with the Commercial Television Code of Practice as in force at the time the gambling advertising is published.

Maximum penalty: 50 penalty units.

(2) Any gambling advertising in writing published, or caused to be published, after the commencement of this clause by a

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registered club in a newspaper, magazine, poster or other printed form must contain the following statement in capital letters:

IS GAMBLING A PROBLEM FOR YOU?
G-LINE (NSW) IS A CONFIDENTIAL, ANONYMOUS
AND FREE COUNSELLING SERVICE
FREE CALL 1800 633 635.

Maximum penalty: 50 penalty units.

(3)	A person other than a registered club or an employee of a registered club must not publish any advertising that does any of the things referred to in subclause (1) (a)–(h) after the commencement of this clause.
Maximum penalty: 50 penalty units.
(4)	Subclause (3) does not apply if the advertising relates to a registered club and the registered club or an employee of the registered club approved in writing of the advertising.

(5) A registered club must remove any gambling advertising displayed at the club that does not comply with this clause within 2 months after the commencement of this clause.

Maximum penalty: 50 penalty units.

(6) This clause does not apply to the publication of any gambling advertising under a contract or arrangement entered into before the commencement of this clause.

(7)	A registered club must not after the commencement of this clause enter into or extend the duration of any contract or arrangement for the publication of gambling advertising that does not comply with this clause. Any such contract or arrangement is of no effect.
Maximum penalty: 50 penalty units.

30V	Publicity for prize-winners
(1) A registered club or an employee of the club must not publish or cause to be published anything which identifies any person who:

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(a)	wins a prize of more than $1,000 in value from playing an approved gaming device located on the club premises, and
(b)	when claiming the prize, requests in writing given to the registered club or an employee of the club that anything disclosing his or her identity not be published.

Maximum penalty: 50 penalty units.

(2)

A prize-winner 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 prize-winner, or
(b)	the publication of information relating to the type or value of the prize won and the venue or geographic location where it was won.

Subdivision 4 Miscellaneous

30W Gambling inducements

A registered club must not:

(a)	offer or supply any free or discounted liquor as an inducement to participate, or to participate frequently, in any gambling activity at the club, or
(b)	offer free credits to players, or as an inducement to persons to become players, of approved gaming devices at the club, by means of letter box flyers, shopper dockets or any other means.

Maximum penalty: 50 penalty units.

30X	Remedial orders
(1) For the purposes of section 65B of the Act, offences against the following sections of the Act are prescribed offences against the Act:

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(a)

section 54C (Prohibition on extension of credit for gambling),

(b)

section 54D (Misrepresentation or misdescription of credit transactions).

(2)

For the purposes of section 65B of the Act, offences against the following provisions of the regulations are prescribed offences against the regulations:

(a)	clause 30H (Display of information concerning chances of winning prizes on approved gaming devices),
(b)	clause 30J (Provision of player information brochures),
(c)	clause 30K (Provision of player information brochures in community languages),
(d)	clause 30L (Dangers of gambling—notice to be displayed on approved gaming devices),
(e)	clause 30M (Counselling signage—notice to be displayed),
(f)	clause 30N (ATM signage),
(g)	clause 30O (Display of clocks),
(h)	clause 30P (Prohibitions on dealings with cheques),
(i)	clause 30Q (Payment of prize money by cheque),
(j)	clause 30R (Location of cash dispensing facilities away from approved gaming devices),
(k)	clause 30U (Prohibitions on gambling-related advertising),
(l)	clause 30V (Publicity for prize-winners),
(m)	clause 30W (Gambling inducements).

30Y	Training of club secretaries and employees associated with gambling activities
(1) In this clause, relevant commencement day means the day on which the Board, by notice published in the Gazette, first notifies its approval of a course of training for the purposes of this subclause.

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(2)

The Board is to refuse any application under section 79 of
the Act:

(a)	to acquire and keep an approved gaming device, or
(b)	to vary an existing authority to keep an approved gaming device

made on or after the day that is 6 months after the relevant commencement day unless it is satisfied that the secretary of the club has satisfactorily completed the approved training course.

(3)

An approval under section 33 of the Act for a person to act as the secretary of a registered club that is authorised to keep approved gaming devices is of no force or effect on or after the day that is 18 months after the relevant commencement day unless the person has satisfactorily completed the approved training course.

(4)

Subclause (3) applies whether the approval is granted before or after the day that is 18 months after the relevant commencement day.

(5)

A registered club must not commence to employ a person whose duties are concerned in the conduct of gaming device activities at the club on or after the day that is 6 months after the relevant commencement day unless the person has satisfactorily completed the approved training course.

Maximum penalty: 50 penalty units.

(6) A registered club must not continue to employ a person whose duties are concerned in the conduct of gaming device activities at the club on or after the day that is 18 months after the relevant commencement day unless the person has satisfactorily completed the approved training course.

Maximum penalty: 50 penalty units.

(7) In a provision of this clause, approved training course means a course of training approved by the Board for the purposes of the provision concerned.

(8) The Board may, for the purposes of a provision of this
clause, approve any course of training that the Board

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considers will promote responsible practices in the conduct

of gambling activities at registered clubs.

30Z	Self-exclusion schemes
(1) For the purposes of section 132A of the Act, the prescribed requirements for the conduct of a scheme by a registered club are that the scheme makes provision:

(a)	preventing the registered club from refusing a participant’s request, and
(b)	for the participant to be required to give a written and signed undertaking that he or she will not gamble at the registered club for a period specified in the undertaking, and
(c)	for the participant to be given an opportunity to seek independent legal or other professional advice at his or her own expense as to the meaning and effect of the undertaking before it is given, and
(d)	for a participant who enters an undertaking to be provided by the registered club with information about the availability of gambling-related counselling and treatment services, and
(e)	for the registered club to ensure that responsible persons for the registered club can readily identify the participant, whether by means of access to a recent photograph of the participant or otherwise, and
(f)	for the registered club to publicise the availability of the scheme and information as to how it operates to patrons of the registered club, and
(g)	preventing a participant from withdrawing from the scheme within 3 months after requesting participation in the scheme.

(2) The requirements prescribed by this clause constitute the minimum requirements for a self-exclusion scheme.

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(3) In this clause:

participant means a person who has requested that he or she be prevented from entering or remaining on any part or parts of a registered club used for gambling.

BY AUTHORITY