Untitled document
Gambling Regulation Amendment (Pre-commitment) Act 2014
No. 4 of 2014
table of provisions
Section Page
Part 1—Preliminary
1Purpose
2Commencement
3Principal Act
Part 2—Amendment of Gambling Regulation Act 2003
4Definitions—Chapter 1
5Meaning of electronic monitoring system
6Conduct of gaming and playing gaming machines
7Conduct of monitoring
8Application of Chapter to casino operator
9Authority conferred by venue operator's licence
10Venue operator must comply with standards and operational requirements
11Authority conferred by monitoring licence
12Monitoring licensee must comply with standards and
operational requirements13Authority conferred by listing on the Roll
14Disciplinary action against venue operator
15Section 3.4.31B repealed
16Definitions—Division 4 of Part 4 of Chapter 3
17Limitation of monitoring licensee's civil liability
18Minister may determine certain damages that must be included
in related agreements19Responsible gambling directions
20Grounds for disciplinary action
21Limitation of temporary licensee's civil liability
22No compensation payable for certain acts and omissions
relating to monitoring23Disciplinary action
24Related agreements between venue operators and monitoring licensee
25Competition and Consumer Act and Competition Code authorisation
26Division 1AA of Part 5 of Chapter 3 repealed
27Variation of gaming machine types and games
28Unlawful interference with gaming equipment or monitoring equipment
29Protection of sensitive areas of gaming equipment or
monitoring equipment30Certificates of installation
31New section 3.5.34AC inserted
3.5.34ACProhibition on printing gaming machine advertising on player cards
32Section 3.5.36 substituted
3.5.36Preconditions for allowing participation in loyalty scheme
33New sections 3.5.36A, 3.5.36B, 3.5.36C and 3.5.36D inserted
3.5.36AContent of written statement
3.5.36BSetting limits under loyalty scheme
3.5.36CExcluded persons
3.5.36DLoyalty scheme must use same equipment as pre‑commitment system
34No advertising to people suspended or removed from loyalty schemes
35Loyalty scheme participant information
36Directions to monitoring licensee
37New Part 8A of Chapter 3 inserted
Part 8A—Pre-commitment From 1 December 2015
Division 1—Preliminary
3.8A.1Definitions
Division 2—Pre-commitment direction, approval and
testing3.8A.2Pre-commitment direction
3.8A.3Monitoring licensee must not provide unapproved pre‑commitment system
3.8A.4Commission may approve pre‑commitment system
3.8A.5Testing of pre-commitment system
Division 3—Obligations of monitoring licensee, venue operators and casino operators
3.8A.6Application of Division
3.8A.7Certificates of installation—player account
equipment and parts of a pre‑commitment system3.8A.8Monitoring licensee must ensure that
pre‑commitment system complies with standards
and operational requirements3.8A.9Player account equipment must comply with regulations and standards
3.8A.10Offence for operator failing to ensure proper installation of player account equipment
3.8A.11Player cards must comply with regulations and standards
3.8A.12Operators must ensure functioning of player
account equipment and connection to pre‑commitment system3.8A.13Offence for operator to permit gaming on gaming machine using alternative limit setting scheme
Division 4—Related agreements
3.8A.14Application of Division
3.8A.15Related agreement between monitoring licensee
and venue operator or casino operator3.8A.16Related agreement between Minister and venue operator or casino operator
3.8A.17Content of direction
3.8A.18Direction to enter into related agreement must be complied with
3.8A.19No compensation payable because of a direction to enter into related agreement under section 3.8A.15 or 3.8A.16
Division 5—Provision of information
3.8A.20Application of Division
3.8A.21Directions to monitoring licensee to provide information concerning pre‑commitment
3.8A.22No compensation payable
3.8A.23Provision of information for research purposes
Division 6—Confidentiality
3.8A.24Definition
3.8A.25Restriction on disclosure of pre‑commitment information
3.8A.26Disclosure with consent permitted
3.8A.27Disclosure to enforcement agencies permitted
3.8A.28Disclosure for performance of functions
3.8A.29Disclosure of lawfully publicly available
information permitted3.8A.30Disclosure of de-identified information for
research purposes
38Authority conferred by a gaming industry employee's licence
39Gaming industry employees to be licensed
40Functions of Commission
41Standards for approvals of technical equipment and systems
42Standards for the approval of linked jackpot arrangements,
the conduct of gaming and the conduct of monitoring43Operational requirements in relation to linked jackpot arrangements, conduct of gaming and the conduct of
monitoring44Definitions—Division 6 of Part 1 of Chapter 10
45Ministerial directions as to requirements of Responsible Gambling Codes of Conduct
46Schedule 1 amended
47Amendment of Schedule 7
Part 28—Gambling Regulation Amendment (Pre‑commitment) Act 2014
28.1Transitional regulations
Part 3—Amendment of Casino Control Act 1991
48Cancellation, suspension or variation of casino licence
Part 4—Repeal of Amending Act
49Repeal of amending Act
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Endnotes
Gambling Regulation Amendment (Pre-commitment) Act 2014
No. 4 of 2014
[Assented to 11 February 2014]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purpose
The main purpose of this Act is to amend the Gambling Regulation Act 2003 to provide for a pre-commitment scheme to be imposed in relation to gaming machines from 1 December 2015 at the direction of the Minister.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 1 December 2015, it comes into operation on that day.
3Principal Act
In this Act, the Gambling Regulation Act 2003 is called the Principal Act.
__________________
Part 2—Amendment of Gambling Regulation Act 2003
4Definitions—Chapter 1
In section 1.3(1) of the Principal Act—
(a)insert the following definitions—
"monitoring services means the services and other things that are authorised under section 3.4.4(1);
player account equipment has the meaning given in section 3.8A.1;
player card has the meaning given in section 3.8A.1;
pre-commitment services means the services and other things that are authorised under section 3.4.4(1B);
pre-commitment system has the meaning given in section 3.8A.1;
responsible gambling services means the services and other things that are authorised under section 3.4.4(1A);";
(b)in the definition of loyalty scheme, in paragraph (b), after "machine" insert "other than a pre-commitment mechanism or pre‑commitment system".
5Meaning of electronic monitoring system
After section 1.3B(2) of the Principal Act insert—
"(3)For the purposes of this Act, a pre‑commitment system is not an electronic monitoring system.".
6Conduct of gaming and playing gaming machines
(1)For section 3.1.4(1)(c) of the Principal Act substitute—
"(c)the installation, alteration, adjustment, maintenance or repair of gaming equipment, other than an alteration or adjustment that consists of the installation, on or in a gaming machine, of player account equipment or part of a pre-commitment system; and".
(2)After section 3.1.4(3) of the Principal Act insert—
"(4)Despite anything to the contrary in this Act, the provision of responsible gambling services or pre-commitment services by the monitoring licensee is not to be taken to constitute the conduct of gaming by the licensee.".
7Conduct of monitoring
In section 3.1.4A of the Principal Act, for "section 3.4.4" substitute "section 3.4.4(1)".
8Application of Chapter to casino operator
After section 3.1.5(2)(c) of the Principal Act insert—
"(ca)to, through the services of a person holding a licence issued under Part 4 of the Casino Control Act 1991, install, service, repair or maintain player account equipment, or part of a pre-commitment system, on or in a gaming machine in the casino for the purpose of complying with Division 3 of Part 8A; and".
9Authority conferred by venue operator's licence
After section 3.4.1(1)(ae) of the Principal Act insert—
"(af)while holding a gaming machine entitlement, to, through the services of a person holding a gaming industry employee's licence, install, service, repair or maintain player account equipment on or in a gaming machine in an approved venue operated by the licensee, for the purpose of complying with Division 3 of Part 8A; and".
10Venue operator must comply with standards and operational requirements
At the foot of section 3.4.1B of the Principal Act insert—
"Note
See section 3.8A.9 in relation to standards for player account equipment.".
11Authority conferred by monitoring licence
(1)Section 3.4.4(1)(ca) of the Principal Act is repealed.
(2)After section 3.4.4(1) of the Principal Act insert—
"(1A)The monitoring licence also authorises the monitoring licensee, subject to this Act, any related agreement referred to in section 3.4.48 or 3.4.48A and any conditions to which the licence is subject, to provide, in accordance with a direction under section 3.4.49—
(a)systems and mechanisms that implement responsible gambling measures for the conduct of gaming; and
(b)services that are associated with the provision of those systems and mechanisms.
Note
Section 3.1.4(4) provides that the provision of responsible gambling services by the monitoring licensee is not to be taken to constitute the conduct of gaming by the licensee.
(1B)The monitoring licence also authorises the monitoring licensee, subject to this Act, any related agreement referred to in section 3.4.48 or 3.4.48A and any conditions to which the licence is subject, to, in accordance with a direction under section 3.8A.2—
(a)on and after 1 December 2015—
(i)provide, operate and maintain a pre-commitment system; and
(ii)provide any services that are associated with the pre‑commitment system; and
(b)before 1 December 2015, do anything necessary or convenient to be done for the purpose of preparing to do the things referred to in paragraph (a).
Note
Section 3.1.4(4) provides that the provision of pre‑commitment services by the monitoring licensee is not to be taken to constitute the conduct of gaming by the licensee.
(1C)The monitoring licence also authorises the monitoring licensee, subject to this Act, any related agreement referred to in section 3.4.48 or 3.4.48A and any conditions to which the licence is subject, to, for the purposes of complying with a direction under section 3.8A.2—
(a)install, service, repair or maintain part of a pre-commitment system in an approved venue through the services of a person holding a gaming industry employee's licence; and
(b)install, service, repair or maintain part of a pre-commitment system in a casino through the services of a person holding a licence issued under Part 4 of the Casino Control Act 1991.".
12Monitoring licensee must comply with standards and operational requirements
(1)In section 3.4.4B(1)(a) of the Principal Act, after "conduct of monitoring" insert "or the provision of responsible gambling services".
(2)For section 3.4.4B(1)(b) of the Principal Act substitute—
"(b)an operational requirement determined by the Commission under section 10.1.5C in respect of—
(i)linked jackpot arrangements; or
(ii)the conduct of monitoring; or
(iii)the provision of responsible gambling services—
Note
See section 3.8A.8 in relation to standards and operational requirements in respect of pre‑commitment services.".
(3)In section 3.4.4B(3) of the Principal Act—
(a)for "technical equipment and systems" substitute "electronic monitoring system";
(b)for "technical equipment and systems that do" substitute "an electronic monitoring system that does".
(4)At the foot of section 3.4.4B(3) of the Principal Act insert—
"Note
See section 3.8A.8 in relation to standards for a pre‑commitment system.".
13Authority conferred by listing on the Roll
(1)After section 3.4.5(c)(i) of the Principal Act insert—
"(ia)enter into arrangements with venue operators to install, service, repair or maintain player account equipment on or in a gaming machine through the services of a person holding a gaming industry employee's licence;".
(2)After section 3.4.5(c)(iii) of the Principal Act insert—
"(iiia)enter into arrangements with persons seeking approval, under section 3.5.5, of a variation to a gaming machine type in relation to the installation of player account equipment or a part of a pre-commitment system on or in a gaming machine to test the player account equipment or the part of the pre-commitment system for the purposes of the issue of certificates referred to in that section;".
(3)After section 3.4.5(c)(vi) of the Principal Act insert—
"(via)enter into arrangements with the monitoring licensee to test a pre-commitment system for the purposes of section 3.8A.5;".
14Disciplinary action against venue operator
In section 3.4.25(1) of the Principal Act, in the definition of grounds for disciplinary action, in paragraph (d)(iv), for "3.4A.11A or 3.4A.17A" substitute "3.4A.11A, 3.4A.17A, 3.8A.15 or 3.8A.16".
15Section 3.4.31B repealed
Section 3.4.31B of the Principal Act is repealed.
16Definitions—Division 4 of Part 4 of Chapter 3
In section 3.4.38 of the Principal Act, the definition of monitoring services is repealed.
17Limitation of monitoring licensee's civil liability
In section 3.4.48C(1) of the Principal Act, for "monitoring services" substitute "monitoring services, responsible gambling services or pre‑commitment services".
18Minister may determine certain damages that must be included in related agreements
In section 3.4.48E(2)(a) and (b) of the Principal Act, for "monitoring services" substitute "monitoring services, responsible gambling services or pre-commitment services".
19Responsible gambling directions
For section 3.4.49(1) of the Principal Act substitute—
"(1)The Minister may direct the monitoring licensee to provide—
(a)systems and mechanisms that implement responsible gambling measures for the conduct of gaming; and
(b)services that are associated with the provision of those systems and mechanisms.".
20Grounds for disciplinary action
In section 3.4.59D(e) of the Principal Act, for "3.4.59 or 3.4.59LA" substitute
"3.4.59, 3.4.59LA or 3.8A.15".
21Limitation of temporary licensee's civil liability
In section 3.4.59LC(1) of the Principal Act, for "monitoring services" substitute "monitoring services, responsible gambling services or pre‑commitment services".
22No compensation payable for certain acts and omissions relating to monitoring
In the heading to section 3.4.59Q of the Principal Act omit "relating to monitoring".
23Disciplinary action
In section 3.4.65(1) of the Principal Act, in the definition of grounds for disciplinary action—
(a)in paragraph (g), for "monitoring equipment or games" substitute "monitoring equipment, games or a pre-commitment system";
(b)after paragraph (g) insert—
"(ga)that any testing of player account equipment, or a part of a pre‑commitment system, installed or to be installed on or in a gaming machine is unsatisfactory;".
24Related agreements between venue operators and monitoring licensee
For section 3.4A.11A(1) of the Principal Act substitute—
"(1)Subject to this section, the Minister may, by written notice, direct a venue operator that holds a gaming machine entitlement to enter into an agreement with the monitoring licensee dealing with matters relating to the provision of monitoring services or responsible gambling services to the venue operator by the monitoring licensee.
Note
See Division 4 of Part 8A in relation to agreements concerning matters relating to a pre-commitment system.".
25Competition and Consumer Act and Competition Code authorisation
In section 3.4A.34(1)(a), (b) and (c) of the Principal Act, for "3.4A.11A or 3.4A.17A" substitute "3.4A.11A, 3.4A.17A, 3.8A.15 or 3.8A.16".
26Division 1AA of Part 5 of Chapter 3 repealed
Division 1AA of Part 5 of Chapter 3 of the Principal Act is repealed.
27Variation of gaming machine types and games
(1)In section 3.5.5(3)(b) of the Principal Act, for "section 3.5.3" substitute "sections 3.5.3 and 10.1.5A".
(2)After section 3.5.5(3) of the Principal Act insert—
"(3A)An application to approve a variation relating to the installation of player account equipment or a part of a pre-commitment system on or in a gaming machine may be made by any person.".
28Unlawful interference with gaming equipment or monitoring equipment
(1)For the heading to section 3.5.10 of the Principal Act substitute—
"Unlawful interference with equipment or systems".
(2)For section 3.5.10(1)(a) and (b) of the Principal Act substitute—
"(a)be in possession of any device made or adapted, or intended by the person to be used, for improperly interfering with—
(i)gaming equipment; or
(ii)monitoring equipment; or
(iii)player account equipment installed on or in a gaming machine; or
(iv)a pre-commitment system; or
(b)do any act or thing calculated, or likely, to improperly interfere with equipment, or a system, referred to in paragraph (a); or".
29Protection of sensitive areas of gaming equipment or monitoring equipment
For section 3.5.11(1)(j) of the Principal Act substitute—
"(j)interfere with information stored or transmitted electronically by any—
(i)gaming machine; or
(ii)linked jackpot arrangement; or
(iii)electronic monitoring system; or
(iv)player account equipment installed on or in a gaming machine; or
(v)pre-commitment system; or".
30Certificates of installation
For the heading to section 3.5.16 of the Principal Act substitute—
"Certificates of installation—gaming equipment and monitoring equipment".
31New section 3.5.34AC inserted
After section 3.5.34AB of the Principal Act insert—
"3.5.34AC Prohibition on printing gaming machine advertising on player cards
(1)A loyalty scheme operator, venue operator or casino operator must not print or cause to be printed any gaming machine advertising on a player card.
Penalty:120 penalty units.
(2)A person must not, on behalf of a loyalty scheme provider, venue operator or casino operator, print or cause to be printed any gaming machine advertising on a player card.
Penalty:120 penalty units.
(3)Nothing in this section prohibits the printing of any of the following information on a player card—
(a)the name of a loyalty scheme, casino or approved venue;
(b)the contact details of a loyalty scheme provider, casino operator or approved venue;
(c)a prescribed term, expression, symbol or other thing.
(4)In this section—
(a)gaming machine advertising has the same meaning as in section 3.5.34AA; and
(b)section 3.5.34AA(9) applies for the purposes of the definition of gaming machine advertising.".
32Section 3.5.36 substituted
For section 3.5.36 of the Principal Act substitute—
"3.5.36 Preconditions for allowing participation in loyalty scheme
(1)A venue operator must not allow a person to participate in a loyalty scheme at the approved venue unless—
(a)the person has been given a written statement that complies with section 3.5.36A by—
(i)if the loyalty scheme is conducted by the venue operator, the venue operator; or
(ii)in any other case, either the venue operator or the loyalty scheme provider; and
(b)the person has agreed to receive player activity statements relating to the playing of games under the scheme.
Penalty:60 penalty units.
(2)A casino operator must not allow a person to participate in a loyalty scheme at the casino unless—
(a)the person has been given a written statement that complies with section 3.5.36A by—
(i)if the loyalty scheme is conducted by the casino operator, the casino operator; or
(ii)in any other case, either the casino operator or the loyalty scheme provider; and
(b)the person has agreed to receive player activity statements relating to the playing of games under the scheme.
Penalty:60 penalty units.".
33New sections 3.5.36A, 3.5.36B, 3.5.36C and 3.5.36D inserted
After section 3.5.36 of the Principal Act insert—
"3.5.36A Content of written statement
(1)A written statement referred to in section 3.5.36(1)(a) or (2)(a) must contain the prescribed information (if any).
(2)A written statement referred to in section 3.5.36(1)(a) or (2)(a) that is given before 1 December 2015 must also—
(a)inform the person receiving the statement of his or her rights under section 3.5.36B; and
(b)if the Minister directs the monitoring licensee, under section 3.8A.2, to provide a pre-commitment system, inform the person receiving the statement of his or her ability to set a time limit or net loss limit under the system on and after 1 December 2015.
(3)A written statement referred to in section 3.5.36(1)(a) or (2)(a) that is given on or after 1 December 2015 must also—
(a)if the Minister directs the monitoring licensee, under section 3.8A.2, to provide a pre-commitment system, inform the person receiving the statement of his or her ability to set a time limit or net loss limit under the system; or
(b)otherwise, inform the person receiving the statement of his or her rights under section 3.5.36B.
3.5.36BSetting limits under loyalty scheme
(1)A participant in a loyalty scheme may at any time, by notifying the loyalty scheme provider, set—
(a)a limit on the amount of time, in any 24 hour period determined by the provider, that the participant may play games under the scheme; and
(b)a limit on the participant's net loss on games played under the scheme in any 24 hour period determined by the provider; and
(c)if the participant has set a limit under paragraph (b), a limit on the participant's net loss on games played under the scheme in any year determined by the provider.
(2)If the participant has previously set a limit under subsection (1), any new limit set by the participant that increases the amount of time or net loss does not take effect until the time determined by the loyalty scheme provider, which must be at least 24 hours after the participant has notified the loyalty scheme provider of the new limit.
(3)A loyalty scheme provider must not allow a participant to continue playing games under the scheme after a limit set by the participants under subsection (1) has been reached.
Penalty:20 penalty units.
(4)This section does not apply on and after 1 December 2015 if the Minister directs the monitoring licensee, under section 3.8A.2, to provide, operate and maintain a pre‑commitment system.
Note
The pre-commitment system that the monitoring licensee must provide in accordance with that direction provides for players of gaming machines to track, and set a time limit or net loss limit on, their playing of gaming machines.
3.5.36CExcluded persons
(1)A loyalty scheme provider must not knowingly allow an excluded person to participate in the scheme at a casino.
Penalty:20 penalty units.
(2)If a loyalty scheme is being provided in a casino by someone other than the casino operator, the casino operator must not knowingly allow an excluded person to participate in the scheme at the casino.
Penalty:20 penalty units.
(3)A loyalty scheme provider must not knowingly allow a person who has excluded themselves from an approved venue to participate in the scheme at the venue.
Penalty:20 penalty units.
(4)If a loyalty scheme is being provided in an approved venue by someone other than the venue operator, the venue operator must not knowingly allow a person who has excluded themselves from the venue to participate in the scheme at the venue.
Penalty:20 penalty units.
(5)A loyalty scheme provider who conducts a loyalty scheme at a casino must remove a participant from the scheme if the participant becomes an excluded person.
Penalty:20 penalty units.
(6)In this section—
excluded person means a person who is the subject of an exclusion order or interstate exclusion order (within the meaning of the Casino Control Act 1991).
3.5.36DLoyalty scheme must use same equipment as pre-commitment system
(1)This section applies if the Minister directs the monitoring licensee, under section 3.8A.2, to provide a pre-commitment system.
(2)On and after 1 December 2015, a venue operator must not conduct, or allow to be conducted, a loyalty scheme in the approved venue that—
(a)allows a player to accumulate bonus, loyalty or reward points from playing gaming machines other than by using a player card; or
(b)allows a player to track his or her expenditure on a gaming machine other than by using a player card; or
(c)involves the use of any of the following equipment unless that equipment is also used for the purposes of the pre‑commitment system—
(i)a card reader installed on or in a gaming machine;
(ii)an interactive display screen installed on or in a gaming machine;
(iii)a kiosk;
(iv)any other prescribed equipment.
Penalty:60 penalty units.
(3)On and after 1 December 2015, a casino operator must not conduct, or allow to be conducted, a loyalty scheme in the casino that—
(a)allows a player to accumulate bonus, loyalty or reward points from playing gaming machines other than by using a player card; or
(b)allows a player to track his or her expenditure on a gaming machine other than by using a player card; or
(c)involves the use of any of the following equipment unless that equipment is also used for the purposes of the pre‑commitment system—
(i)a card reader installed on or in a gaming machine;
(ii)an interactive display screen installed on or in a gaming machine;
(iii)a kiosk;
(iv)any other prescribed equipment.
Penalty:60 penalty units.
(4)In this section—
card reader, interactive display screen and kiosk have the same meanings as in section 3.8A.1.".
34No advertising to people suspended or removed from loyalty schemes
(1)After section 3.5.40(1) of the Principal Act insert—
"(1A)If a person has been removed from a loyalty scheme conducted at an approved venue, the venue operator must not knowingly send or direct by any means advertising or other promotional material relating to gaming to the person.
Penalty:20 penalty units.
(1B)If a person has been removed from a loyalty scheme conducted at a casino, the casino operator must not knowingly send or direct by any means advertising or other promotional material relating to gaming to the person.
Penalty:20 penalty units.".
(2)After section 3.5.40(2) of the Principal Act insert—
"(2A)If a person has been suspended from a loyalty scheme conducted at an approved venue, the venue operator must not knowingly send or direct by any means advertising or other promotional material relating to gaming to the person during the period of the suspension.
Penalty:20 penalty units.
(2B)If a person has been suspended from a loyalty scheme conducted at a casino, the casino operator must not knowingly send or direct by any means advertising or other promotional material relating to gaming to the person during the period of suspension.
Penalty:20 penalty units.".
(3)In section 3.5.40(3) of the Principal Act—
(a)for "subsections (1) and (2)" substitute "this section";
(b)for "loyalty scheme provider" substitute "loyalty scheme provider, venue operator or casino operator";
(c)after "the provider" insert "or operator".
35Loyalty scheme participant information
After section 3.5.41(3) of the Principal Act insert—
"(4)The Minister may from time to time direct a loyalty scheme provider to provide specified information to participants in the scheme.
(5)If the Minister directs the monitoring licensee, under section 3.8A.2, to provide, operate and maintain a pre-commitment system, a direction given under subsection (4) may also require a loyalty scheme provider to provide information relating to—
(a)the commencement or operation of the system; and
(b)the ability of a player to set, under the system, a time limit or net loss limit on their playing of gaming machines; and
(c)the restriction on the provision of any other system or scheme that allows a player to set a time limit or net loss limit on their playing of gaming machines.
(6)A loyalty scheme provider must comply with a direction given under subsection (4).
Penalty:60 penalty units.".
36Directions to monitoring licensee
(1)In section 3.7.6D(1) of the Principal Act, for "monitoring services provided by the licensee" substitute "an activity referred to in section 3.4.4 that is undertaken by the licensee".
(2)In section 3.7.6D(3) of the Principal Act, for "conduct of monitoring" substitute "activity".
(3)In section 3.7.6D(4)(b) of the Principal Act, for "or 3.7.6B" substitute ", 3.7.6B or 3.8A.21".
37New Part 8A of Chapter 3 inserted
After Part 8 of Chapter 3 of the Principal Act insert—
"Part 8A—Pre-commitment From 1 December 2015
Division 1—Preliminary
3.8A.1Definitions
In this Part—
card encoder means a device that is capable of recording information onto a player card;
card reader means a device that is capable of reading information stored on a player card;
interactive display screen means a device that is capable of accepting input from, and showing information to, the player of the gaming machine on which the device is installed;
kiosk means a device, incorporating a card reader, that allows a player to access information produced or stored by a pre-commitment system or loyalty scheme;
player account equipment means the following equipment—
(a)a card encoder;
(b)a card reader;
(c)an interactive display screen;
(d)a keypad;
(e)a kiosk;
(f)equipment that is prescribed as player account equipment;
player card means a card that stores information and that—
(a)can be used by a player to apply a time limit or net loss limit to their playing of gaming machines; and
(b)may also be capable of being used by a player to track their playing of gaming machines for the purposes of a loyalty scheme;
pre-commitment system means an electronic or computer or communications system (other than a pre-commitment mechanism) that, by interfacing with player account equipment and player cards, provides for players of gaming machines to track, and set a time limit or net loss limit on, their playing of gaming machines.
Division 2—Pre-commitment direction, approval and testing
3.8A.2Pre-commitment direction
(1)The Minister may by instrument direct the monitoring licensee to—
(a)on and after 1 December 2015—
(i)provide, operate and maintain a pre-commitment system; and
(ii)provide any services that are associated with the pre‑commitment system; and
(b)before 1 December 2015, do anything necessary or convenient to be done for the purpose of preparing to do the things referred to in paragraph (a).
(2)A direction under subsection (1) must be—
(a)given to the monitoring licensee; and
(b)published in the Government Gazette.
(3)It is a condition of the monitoring licence that the licensee must comply with a direction under subsection (1).
3.8A.3Monitoring licensee must not provide unapproved pre-commitment system
(1)The monitoring licensee must not provide, operate or maintain a pre-commitment system unless it has been approved by the Commission.
(2)The monitoring licensee must not provide, operate or maintain a pre-commitment system which has been varied from the system approved by the Commission unless the variation has been approved by the Commission.
3.8A.4Commission may approve pre‑commitment system
(1)The Commission may approve—
(a)a pre-commitment system to be provided, operated and maintained by the monitoring licensee; or
(b)a variation to a pre-commitment system that has already been approved under this subsection.
(2)The Commission may require the monitoring licensee to provide any additional information or material that the Commission considers necessary to decide whether to make an approval under subsection (1).
(3)Additional information or material under subsection (2) includes the results of any tests conducted, or recommendations made, by a person listed on the Roll who is accredited by the Commission to test a pre‑commitment system.
(4)In deciding whether to make an approval under subsection (1), the Commission—
(a)must have regard to any relevant standards made under section 10.1.5A; and
(b)may have regard to the certificate of a person listed on the Roll, being a person referred to in section 3.4.61(1)(c); and
(c)may have regard to additional information or material provided to the Commission under subsection (2).
(5)The Commission may make an approval under subsection (1) subject to any conditions that it thinks fit.
3.8A.5Testing of pre-commitment system
(1)The Commission may test a pre-commitment system to determine whether there is compliance with—
(a)this Act; and
(b)the regulations; and
(c)any relevant standards made by the Commission under section 10.1.5A.
(2)The Commission may test a pre-commitment system under subsection (1)—
(a)on its own motion if it has reasonable grounds; or
(b)on request by the monitoring licensee.
(3)The Commission, in approving a pre‑commitment system or a variation to a pre‑commitment system under section 3.8A.4, may require the monitoring licensee to engage a person listed on the Roll who is accredited by the Commission to test a pre‑commitment system to—
(a)test the pre-commitment system or the variation to the pre-commitment system; and
(b)make recommendations to the Commission on aspects of the pre‑commitment system or the variation to the pre-commitment system, if the Commission requires.
(4)If the Commission requires the monitoring licensee to engage a person to test and make recommendations about a pre-commitment system or a variation to a pre-commitment system under this section, the monitoring licensee must provide the Commission with the results of any tests conducted and the recommendations.
(5)The Commission may require the monitoring licensee to pay the reasonable costs of testing under this section.
Division 3—Obligations of monitoring licensee, venue operators and casino operators
3.8A.6Application of Division
This Division applies if the Minister directs the monitoring licensee, under section 3.8A.2, to provide a pre-commitment system.
3.8A.7Certificates of installation—player account equipment and parts of a pre‑commitment system
(1)In this section—
relevant licensee means a person who holds—
(a)a gaming industry employee's licence; or
(b)a licence issued under Part 4 of the Casino Control Act 1991.
(2)A relevant licensee who installs player account equipment or a part of a pre-commitment system on or in a gaming machine must—
(a)certify, in a form approved by the Commission, that the part or equipment is functioning in the manner in which it is designed and programmed to function; and
(b)retain the certificate for a period of 12 months immediately following the date of signature.
(3)A relevant licensee must not sign a certificate referred to in subsection (2) knowing it to be false.
Penalty:100 penalty units.
(4)On and after 1 December 2015, a venue operator or casino operator must not allow gaming to commence on a gaming machine in respect of which certificates under subsection (2)—
(a)have not been signed; or
(b)have been signed in contravention of subsection (3).
Penalty:1000 penalty units.
(5)A function of the Commission under this section may be performed by any commissioner.
3.8A.8Monitoring licensee must ensure that pre‑commitment system complies with standards and operational requirements
(1)On and after 1 December 2015, the monitoring licensee must ensure that any pre-commitment system that it provides, operates and maintains complies with a standard made by the Commission under section 10.1.5A, unless the Commission has, in writing, given its approval to the monitoring licensee to operate a pre-commitment system that does not comply with the standard.
(2)On and after 1 December 2015, the monitoring licensee must ensure that any pre‑commitment services that it provides comply with a standard made by the Commission under section 10.1.5B, unless the Commission has, in writing, given its approval to the monitoring licensee to operate a pre-commitment system that does not comply with the standard.
(3)On and after 1 December 2015, the monitoring licensee must comply with an operational requirement determined by the Commission under section 10.1.5C in relation to the provision of pre-commitment services unless the Commission has, in writing, given its approval to the monitoring licensee not to comply with the operational requirement.
3.8A.9Player account equipment must comply with regulations and standards
(1)On and after 1 December 2015, a venue operator must ensure that player account equipment operating in the approved venue—
(a)meets prescribed requirements (if any); and
(b)complies with a standard made by the Commission under section 10.1.5A in respect of player account equipment unless the Commission has, in writing, given its approval to the venue operator to operate any player account equipment that does not comply with the standard.
(2)On and after 1 December 2015, a casino operator must ensure that player account equipment operating in the casino—
(a)meets prescribed requirements (if any); and
(b)complies with a standard made by the Commission under section 10.1.5A in respect of player account equipment unless the Commission has, in writing, given its approval to the casino operator to operate any player account equipment that does not comply with the standard.
3.8A.10Offence for operator failing to ensure proper installation of player account equipment
(1)On and after 1 December 2015, a venue operator must ensure that player account equipment is installed in the approved venue in the prescribed manner, quantity and location (if any).
Penalty:120 penalty units.
(2)On and after 1 December 2015, a casino operator must ensure that player account equipment is installed in the casino in the prescribed manner, quantity and location (if any).
Penalty:120 penalty units.
3.8A.11Player cards must comply with regulations and standards
(1)On and after 1 December 2015, a venue operator must ensure that player cards distributed or made available by the venue operator—
(a)meet prescribed requirements (if any); and
(b)comply with a standard made by the Commission under section 10.1.5A in respect of player cards unless the Commission has, in writing, given its approval to the venue operator to distribute or make available player cards that do not comply with the standard.
(2)On and after 1 December 2015, a casino operator must ensure that player cards distributed or made available by the casino operator—
(a)meet prescribed requirements (if any); and
(b)comply with a standard made by the Commission under section 10.1.5A in respect of player cards unless the Commission has, in writing, given its approval to the casino operator to distribute or make available player cards that do not comply with the standard.
3.8A.12Operators must ensure functioning of player account equipment and connection to pre-commitment system
(1)On and after 1 December 2015, a venue operator must, as far as is reasonably practical, ensure that the player account equipment installed in the approved venue is functioning in the manner in which it is designed and programmed to function—
(a)in the case of equipment that is installed on or in a gaming machine, at all times that the gaming machine is available for gaming in the approved venue; or
(b)in any other case, at all times that any gaming machine is available for gaming in the approved venue.
Penalty:120 penalty units.
(2)On and after 1 December 2015, a venue operator must, as far as is reasonably practical, ensure that any gaming machine that is available for gaming in the approved venue is capable of applying a time limit or net loss limit set under the pre-commitment system.
Penalty:120 penalty units.
(3)On and after 1 December 2015, a casino operator must, as far as is reasonably practical, ensure that the player account equipment installed in the casino is functioning in the manner in which it is designed and programmed to function—
(a)in the case of equipment that is installed on or in a gaming machine, at all times that the gaming machine is available for gaming in the casino; or
(b)in any other case, at all times that any gaming machine is available for gaming in the casino.
Penalty:120 penalty units.
(4)On and after 1 December 2015, a casino operator must, as far as is reasonably practical, ensure that any gaming machine that is available for gaming in the casino is capable of applying a time limit or net loss limit set under the pre-commitment system.
Penalty:120 penalty units.
3.8A.13Offence for operator to permit gaming on gaming machine using alternative limit setting scheme
On and after 1 December 2015, a venue operator or casino operator must not permit gaming on a gaming machine that is capable of applying a time limit or net loss limit set under a system or scheme other than a pre‑commitment system.
Penalty:60 penalty units.
Division 4—Related agreements
3.8A.14Application of Division
This Division applies if the Minister directs the monitoring licensee, under section 3.8A.2, to provide a pre-commitment system.
3.8A.15Related agreement between monitoring licensee and venue operator or casino operator
(1)Subject to this section and section 3.8A.17, the Minister may, by written notice, direct a venue operator that holds a gaming machine entitlement or a casino operator to enter into an agreement with the monitoring licensee dealing with matters relating to the provision of pre-commitment services.
(2)Before giving a direction under subsection (1), the Minister must consult with the monitoring licensee and the venue operator or casino operator (as the case requires).
(3)A direction under subsection (1) may require the casino operator to enter into an agreement with the monitoring licensee requiring the casino operator to provide, operate and maintain part of the pre‑commitment system that relates to the casino.
3.8A.16Related agreement between Minister and venue operator or casino operator
(1)Subject to this section and section 3.8A.17, the Minister may, by written notice, direct a a venue operator that holds a gaming machine entitlement or a casino operator to enter into an agreement with the Minister dealing with matters relating to the provision of pre-commitment services.
(2)Before giving a direction under subsection (1), the Minister must consult with the venue operator or casino operator (as the case requires).
3.8A.17Content of direction
A direction under section 3.8A.15 or 3.8A.16—
(a)must be accompanied by a copy of this Division; and
(b)may specify the terms or kinds of terms to be contained in an agreement to be entered into; and
(c)may specify the terms or kinds of terms that must not be in an agreement or class of agreements to be entered into; and
(d)may specify a date by which an agreement is to be entered into.
3.8A.18Direction to enter into related agreement must be complied with
(1)A casino operator or venue operator to which this section applies must comply with a direction under section 3.8A.15 or 3.8A.16.
(2)A casino operator or venue operator must give a copy of any agreement entered into in compliance with a direction under section 3.8A.15 or 3.8A.16 to the Commission.
3.8A.19No compensation payable because of a direction to enter into related agreement under section 3.8A.15 or 3.8A.16
No compensation is payable by the State because of a direction under section 3.8A.15 or 3.8A.16 or the entering into an agreement in compliance with a direction under either of those sections.
Division 5—Provision of information
3.8A.20Application of Division
This Division applies if the Minister directs the monitoring licensee, under section 3.8A.2, to provide a pre-commitment system.
3.8A.21Directions to monitoring licensee to provide information concerning pre‑commitment
(1)The Minister may give a written direction to the monitoring licensee requiring the monitoring licensee to provide to the Minister any information or document, or any class of information or document, that—
(a)is in the possession or under the control of the monitoring licensee; and
(b)in the opinion of the Minister, relates to a pre-commitment system.
(2)The monitoring licensee must comply with a direction under subsection (1).
(3)The Minister may, for any purpose related to the provision of a pre-commitment system, disclose any information acquired by the Minister in response to a direction under subsection (1) to any person that the Minister considers appropriate.
(4)The Minister may disclose information under subsection (3) subject to any conditions that the Minister thinks fit.
3.8A.22No compensation payable
No compensation is payable by the State in respect of anything done under section 3.8A.21 or in compliance with a direction under that section.
3.8A.23Provision of information for research purposes
(1)The Minister may from time to time direct the monitoring licensee to provide information derived from a pre-commitment system, other than information that identifies, or is capable of identifying, any person who is or was a participant in the scheme to any person or body for research purposes.
(2)The monitoring licensee must comply with a direction given under subsection (1).
Penalty:60 penalty units.
Division 6—Confidentiality
3.8A.24Definition
In this Division—
pre-commitment information means information that is obtained from the pre-commitment system.
3.8A.25Restriction on disclosure of pre‑commitment information
A person must not disclose pre-commitment information other than in accordance with this Division.
Penalty:60 penalty units.
Note
Part 2 of Chapter 4 of the National Gambling Reform Act 2012 of the Commonwealth contains other provisions that permit disclosure of certain information.
3.8A.26Disclosure with consent permitted
A person may disclose pre-commitment information with the consent (express or implied) of the person to whom the pre‑commitment information relates.
3.8A.27Disclosure to enforcement agencies permitted
A person may disclose pre-commitment information to an enforcement agency (within the meaning of section 10.1.29) for the purpose of law enforcement.
3.8A.28Disclosure for performance of functions
A person may disclose pre-commitment information in the performance of a function under this Act or the regulations or an instrument made under this Act.
3.8A.29Disclosure of lawfully publicly available information permitted
A person may disclose pre-commitment information that has lawfully been made publicly available.
3.8A.30Disclosure of de-identified information for research purposes
A regulated person within the meaning of section 10.1.29 may disclose information to a person or body who conducts research if the information does not enable the identification of any person to whom the information relates.
__________________".
38Authority conferred by a gaming industry employee's licence
In section 9A.1.2(1) of the Principal Act—
(a)after paragraph (c) insert—
"(ca)to install, service, repair and maintain player account equipment, or part of a pre-commitment system, on or in a gaming machine; and";
(b)after paragraph (d) insert—
"(da)for the purposes of the issue of certificates referred to in section 3.8A.4(4)(b), to test a pre-commitment system; and".
39Gaming industry employees to be licensed
(1)In the penalty at the foot of section 9A.1.3(1) of the Principal Act, in paragraph (a), for "9A.1.2(1)(c), (1)(d)" substitute "9A.1.2(1)(c), (1)(ca), (1)(d), (1)(da)".
(2)In the penalty at the foot of section 9A.1.3(2) of the Principal Act, in paragraph (a), for "9A.1.2(1)(c), (1)(d)" substitute "9A.1.2(1)(c), (1)(ca), (1)(d), (1)(da)".
40Functions of Commission
After section 10.1.4(2)(ag) of the Principal Act insert—
"(ah)regulating venue operators and casino operators in relation to pre-commitment;".
41Standards for approvals of technical equipment and systems
(1)For section 10.1.5A(1) of the Principal Act substitute—
"(1)The Commission, with the approval of the Minister, may make and amend standards in respect of—
(a)any technical equipment and systems that the Commission is required to approve under this Act; and
(b)player account equipment; and
(c)player cards.".
(2)In section 10.1.5A(5) of the Principal Act, in the definition of technical equipment and systems, after "3.5.13," insert "3.8A.4,".
42Standards for the approval of linked jackpot arrangements, the conduct of gaming and the conduct of monitoring
(1)For the heading to section 10.1.5B of the Principal Act substitute—
"Standards relating to certain matters".
(2)In section 10.1.5B(1)(c) of the Principal Act, for "monitoring." substitute "monitoring;".
(3)After section 10.1.5B(1)(c) of the Principal Act insert—
"(d)the provision of responsible gambling services;
(e)the provision of pre-commitment services.".
43Operational requirements in relation to linked jackpot arrangements, conduct of gaming and the conduct of monitoring
(1)In the heading to section 10.1.5C of the Principal Act omit "in relation to linked jackpot arrangements, conduct of gaming and the conduct of monitoring".
(2)In section 10.1.5C(1) of the Principal Act—
(a)in paragraph (c), for "monitoring." substitute "monitoring;";
(b)after paragraph (c) insert—
"(d)the provision of responsible gambling services;
(e)the provision of pre-commitment services.".
(3)In section 10.1.5C(2) of the Principal Act, after paragraph (b)(iv) insert—
"(v)a pre-commitment system required to be approved by the Commission under section 3.8A.4;".
44Definitions—Division 6 of Part 1 of Chapter 10
In section 10.1.29(1) of the Principal Act, in the definition of protected information, for "means" substitute "means information, other than pre‑commitment information within the meaning of section 3.8A.24, that is".
45Ministerial directions as to requirements of Responsible Gambling Codes of Conduct
After section 10.6.6(3) of the Principal Act insert—
"(3A)A direction under subsection (1) takes effect on the day specified in the direction.".
46Schedule 1 amended
(1)For item 3.26(b) of Schedule 1 to the Principal Act substitute—
"(b)the provision to participants of player activity statements, including—
(i)information that must be included in those statements, including information relating to responsible gambling; and
(ii)information that must not be included in those statements;
(c)restrictions that may be imposed in relation to the conduct of a loyalty scheme to foster responsible gambling;
(d)the manner and form in which information relating to a loyalty scheme is required to be presented when it is accompanied by information relating to a pre-commitment system;
(e)the interaction between a loyalty scheme and a pre-commitment system (including matters relating to player cards) and the giving of directions by authorised persons to venue operators or casino operators.".
(2)After item 3.26A of Schedule 1 to the Principal Act insert—
"3.26BIn relation to pre-commitment services, player cards and player account equipment—
(a)the method by which a time limit or net loss limit is set under a pre‑commitment system;
(b)if a person has previously set a time limit or net loss limit, the period of time during which a new time limit or new net loss limit set by a person will not be effective;
(c)options that a person may choose to apply to his or her playing of a gaming machine if a time limit or net loss limit set by the person has been exceeded;
(d)monitoring and testing of player account equipment and the pre‑commitment system and the giving of directions by authorised persons to venue operators and casino operators;
(e)the persons or classes of persons who may connect player account equipment and parts of a pre-commitment system;
(f)the security of information relating to a pre-commitment system;
(g)signage related to a pre-commitment system;
(h)the availability and distribution of player cards.".
47Amendment of Schedule 7
After Part 27 of Schedule 7 to the Principal Act insert—
"Part 28—Gambling Regulation Amendment (Pre‑commitment) Act 2014
28.1Transitional regulations
(1)The Governor in Council may make regulations containing provisions of a savings or transitional nature consequent on the amendments made to this Act by the Gambling Regulation Amendment (Pre‑commitment) Act 2014 in relation to loyalty schemes.
(2)Regulations made under this clause have effect despite anything to the contrary in any other Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument.
(3)This clause expires on 1 December 2016.".
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Part 3—Amendment of Casino Control Act 1991
48Cancellation, suspension or variation of casino licence
In section 20(1) of the Casino Control Act 1991, in the definition of grounds for disciplinary action, after paragraph (b) insert—
"(ba)that the casino operator has contravened an agreement referred to in section 3.8A.15 or 3.8A.16 of the Gambling Regulation Act 2003;".
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Part 4—Repeal of Amending Act
49Repeal of amending Act
This Act is repealed on 1 December 2016.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
Minister's second reading speech—
Legislative Assembly: 31 October 2013
Legislative Council: 12 December 2013
The long title for the Bill for this Act was "A Bill for an Act to amend the Gambling Regulation Act 2003 to provide for a pre-commitment scheme to be imposed in relation to gaming machines from 1 December 2015 at the direction of the Minister and to make related amendments to the Casino Control Act 1991 and for other purposes."
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