Gaming Control Act 1993
An Act to make provision generally in respect of gaming and wagering, to provide for the supervision and control of casinos, gaming machines, keno, lotteries, lucky envelopes, gaming by telephone and other electronic means and other gaming and to provide for related matters
[The long title Amended by No. 45 of 2001, s. 4, Applied:01 Jul 2001][Royal Assent 17 December 1993]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1 - Preliminary
This Act may be cited as the Gaming Control Act 1993 .
This Act commences on the day on which it receives the Royal Assent.
[Section 2A Inserted by No. 31 of 2021, s. 35, Applied:01 Jul 2023] The object of this Act is to provide for the licensing, supervision and control of gambling in Tasmania and, in particular, to –(a) ensure that gambling is conducted in a fair, honest and transparent way and is free from criminal influence; and(b) take a public health and consumer protection approach to protect people, particularly people who are vulnerable, from being –(i) harmed by gambling; or(ii) exploited by gaming operators; and(c) ensure that the returns from gambling are shared appropriately (including by being invested in services that support those harmed by, or at risk of harm from, gambling) amongst the gaming industry, consumers and the State.
(1) [Section 3 Subsection (1) amended by No. 46 of 1996, s. 4 ]In this Act, unless the contrary intention appears –[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] [Section 3 Subsection (1) amended by No. 66 of 2002, s. 4, Applied:19 Dec 2002][Section 3 Subsection (1) amended by No. 66 of 2002, s. 4, Applied:19 Dec 2002] accredited representative means a person who is the accredited representative of a foreign games permit holder under Division 6 of Part 4C ;[Section 3 Subsection (1) amended by No. 13 of 2006, s. 4, Applied:20 Sep 2006] accredited testing facility means a facility –(a) for the testing of gaming equipment, games and gaming machines; and(b) the name of which appears on the Roll;[Section 3 Subsection (1) amended by No. 9 of 2009, s. 4, Applied:01 Jul 2009] agent endorsement means an endorsement on a Tasmanian gaming licence that authorises the activities specified in section 76VC ;[Section 3 Subsection (1) amended by No. 66 of 2002, s. 4, Applied:19 Dec 2002] amend means –(a) insert matter; and(b) omit matter; and(c) omit matter and substitute other matter;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] ancillary gaming services means any gaming services that are prescribed as ancillary gaming services for the purposes of this Act;[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] approved game means a game approved under section 76ZZF ;approved gaming equipment means gaming equipment of a type approved by the Commission under section 80 or 81 ;[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] [Section 3 Subsection (1) amended by No. 66 of 2002, s. 4, Applied:19 Dec 2002] [Section 3 Subsection (1) amended by No. 9 of 2009, s. 4, Applied:01 Jul 2009] approved location means premises specified in a gaming endorsement in which the licensed provider may undertake a gaming activity authorised by the endorsement;[Section 3 Subsection (1) amended by No. 9 of 2009, s. 4, Applied:01 Jul 2009] approved outlet means premises established and used for gaming and wagering purposes pursuant to section 76ZZ or 76ZZAAA ;[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] [Section 3 Subsection (1) amended by No. 14 of 2010, s. 4, Applied:28 Sep 2010][Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] approved sports event means a sports event declared under subsection (8) to be an approved sports event;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] approved venue means premises on which a casino operator or venue operator is licensed to conduct gaming;[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] [Section 3 Subsection (1) amended by No. 53 of 2005, s. 4, Applied:01 Dec 2005][Section 3 Subsection (1) amended by No. 45 of 2001, s. 5, Applied:01 Jul 2001] authorised game means a game determined under section 76ZZK to be an authorised game;authorized person means –(a) a Commissioner; or(b) an inspector; or(c) a person appointed by the Commission in writing to be an authorized person for the purposes of this Act;[Section 3 Subsection (1) amended by No. 53 of 2005, s. 4, Applied:01 Dec 2005] betting exchange has the meaning given by section 76ZDB ;[Section 3 Subsection (1) amended by No. 14 of 2010, s. 4, Applied:28 Sep 2010][Section 3 Subsection (1) amended by No. 14 of 2010, s. 4, Applied:28 Sep 2010] betting exchange commission means commission that, under section 76ZDD , a betting exchange operator is entitled to in respect of brokered wagering;[Section 3 Subsection (1) amended by No. 53 of 2005, s. 4, Applied:01 Dec 2005] betting exchange operator has the meaning given by section 76ZDB ;[Section 3 Subsection (1) amended by No. 53 of 2005, s. 4, Applied:01 Dec 2005] [Section 3 Subsection (1) amended by No. 14 of 2010, s. 4, Applied:28 Sep 2010] broker wagering means, by means of a betting exchange, to broker wagering between persons –(a) directly (as in the manner referred to in paragraph (a) of the definition of "betting exchange" in section 76ZDB ); or(b) indirectly, by matching opposing bets placed with and accepted by the betting exchange operator (as in the manner referred to in paragraph (b) of the definition of "betting exchange" in section 76ZDB );[Section 3 Subsection (1) amended by No. 53 of 2005, s. 4, Applied:01 Dec 2005] [Section 3 Subsection (1) amended by No. 14 of 2010, s. 4, Applied:28 Sep 2010] brokered wagering event means a competition or event, whether of a sporting or non-sporting kind, in respect of which a betting exchange operator brokers wagering;casino means premises, or part of premises, defined as a casino for the time being under section 15 ;casino employee means a special employee having functions in or in relation to a casino;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023][Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] casino licence means –(a) a general casino licence; and(b) a high-roller casino licence;casino operator means a person who is a holder of a casino licence;[Section 3 Subsection (1) amended by No. 45 of 2001, s. 5, Applied:01 Jul 2001] charitable purposes includes the following purposes:(a) religious purposes;(b) educational purposes;(c) benevolent purposes;(d) welfare purposes;(e) providing medical treatment or attention;(f) promoting or encouraging literature, art or science;(g) establishing, managing or beautifying a community centre or park or other community premises or place;(h) recreational or sporting purposes;(i) a purpose approved by the Commission generally or in a particular case;[Section 3 Subsection (1) amended by No. 9 of 2015, s. 31, Applied:12 Aug 2015] Commission means the Tasmanian Liquor and Gaming Commission referred to in section 123 ;Commissioner means a member of the Commission;[Section 3 Subsection (1) amended by No. 45 of 2019, s. 4, Applied:12 Dec 2019] Commissioner of State Revenue means the Commissioner of State Revenue appointed as such under the Taxation Administration Act 1997 ;[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] competitor includes participant;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] computer cabinet means the sealed section in a gaming machine, FATG machine or other gaming equipment which contains the game programme storage medium and the Random Access Memory;[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] computer server means a computer that is capable of one or more of the following:[Section 3 Subsection (1) amended by No. 45 of 2001, s. 5, Applied:01 Jul 2001] [Section 3 Subsection (1) amended by No. 53 of 2005, s. 4, Applied:01 Dec 2005](a) communicating with another computer;(b) [Section 3 Subsection (1) amended by No. 31 of 2021, s. 4, Applied:16 Dec 2021] generating a simulated game or a simulated racing event;(c) providing to that other computer –(i) access to a database; or(ii) transaction-based services; or(iii) software applications;[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] control system means a system of internal controls, and administrative and accounting procedures, for the conduct of a gaming business by a licensed provider;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] core monitoring functions see section 48E (1);decision, in relation to the Commission, includes determination;[Section 3 Subsection (1) amended by No. 45 of 2001, s. 5, Applied:01 Jul 2001][Section 3 Subsection (1) amended by No. 45 of 2001, s. 5, Applied:01 Jul 2001] [Section 3 Subsection (1) amended by No. 59 of 2003, s. 4, Applied:01 Jul 2003] 2003 Deed means –(a) the Deed made on 18 March 2003 between The Federal Hotels Pty Limited, Australian National Hotels Pty Limited, Tasmanian Country Club-Casino Proprietary Limited and the Crown in right of the State of Tasmania, a copy of which is set out in Schedule 1 ; and(b) any deed made as a supplement to the Deed referred to in paragraph (a) ;[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] device includes any electrical, electronic or mechanical machine;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] electronic monitoring system means any type of connected electronic system or device that is designed so that it may be used, or adapted, to send or receive data from gaming equipment in relation to the security, accounting or operation of gaming equipment;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] electronic monitoring system information means information acquired in the course of the operation of an electronic monitoring system and includes data derived from that information;employ includes engage under a contract for services;[Section 3 Subsection (1) amended by No. 45 of 2001, s. 5, Applied:01 Jul 2001] exempt game means a game, or a game of a class, declared to be an exempt game under subsection (8A) ;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] FATG game means a game designed to be played on an FATG machine;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] FATG machine means a fully-automated table game machine;[Section 3 Subsection (1) amended by No. 59 of 2003, s. 4, Applied:01 Jul 2003] [Section 3 Subsection (1) amended by No. 45 of 2001, s. 5, Applied:01 Jul 2001] [Section 3 Subsection (1) amended by No. 9 of 2009, s. 4, Applied:01 Jul 2009] [Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] [Section 3 Subsection (1) amended by No. 53 of 2005, s. 4, Applied:01 Dec 2005] [Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] [Section 3 Subsection (1) amended by No. 9 of 2009, s. 4, Applied:01 Jul 2009] [Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] [Section 3 Subsection (1) amended by No. 9 of 2009, s. 4, Applied:01 Jul 2009][Section 3 Subsection (1) amended by No. 66 of 2002, s. 4, Applied:19 Dec 2002] foreign game means –(a) a lottery or game (including pools and a game that is prescribed for the purposes of the definition of "game" in this section) that is the subject of an application under section 77B for a foreign games permit; and(b) a lottery or game (including pools and a game that is prescribed for the purposes of the definition of "game" in this section) in which tickets may be sold in Tasmania under a foreign games permit;[Section 3 Subsection (1) amended by No. 66 of 2002, s. 4, Applied:19 Dec 2002] foreign games permit means a foreign games permit granted and in force under Part 4C ;[Section 3 Subsection (1) amended by No. 66 of 2002, s. 4, Applied:19 Dec 2002] foreign games permit holder means the person who holds a current foreign games permit;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] fully-automated table game machine means an electronic gaming system or equipment that allows one or more persons to play a game that –(a) imitates a type of game played at a gaming table; and(b) can be played –(i) from one or more terminals; and(ii) without being conducted by a casino employee;[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] [Section 3 Subsection (1) amended by No. 45 of 2001, s. 5, Applied:01 Jul 2001] game means a game of chance or a game that is partly a game of chance and partly a game requiring skill but does not include any major lottery, pools or prescribed game or an exempt game;[Section 3 Subsection (1) amended by No. 45 of 2001, s. 5, Applied:01 Jul 2001] [Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] [Section 3 Subsection (1) amended by No. 45 of 2001, s. 5, Applied:01 Jul 2001][Section 3 Subsection (1) amended by No. 45 of 2001, s. 5, Applied:01 Jul 2001] [Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] gaming means wagering in a contingency relating to a game, whether by means of a gaming machine, FATG machine or otherwise;[Section 3 Subsection (1) amended by No. 45 of 2001, s. 5, Applied:01 Jul 2001] gaming Act means –[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] [Section 3 Subsection (1) amended by No. 53 of 2005, s. 4, Applied:01 Dec 2005](a) the TT-Line Gaming Act 1993 ; and(b) an Act of the Commonwealth or another State or a Territory that is similar in effect to this Act; and(c) subordinate legislation under any Act referred to in paragraph (a) or (b) ;[Section 3 Subsection (1) amended by No. 53 of 2005, s. 4, Applied:01 Dec 2005] gaming activity means –(a) [Section 3 Subsection (1) amended by No. 9 of 2009, s. 4, Applied:01 Jul 2009] [Section 3 Subsection (1) amended by No. 45 of 2019, s. 4, Applied:12 Dec 2019] [Section 3 Subsection (1) amended by No. 31 of 2021, s. 4, Applied:16 Dec 2021] the wagering in a contingency relating to a sports event, race wagering event, simulated game, simulated racing event, major lottery or pools (where the event, simulated game, simulated racing event, major lottery or pools is not a prohibited gaming activity); and(b) [Section 3 Subsection (1) amended by No. 9 of 2009, s. 4, Applied:01 Jul 2009] the wagering in a contingency relating to a brokered wagering event (where the event is not a prohibited gaming activity); and(c) [Section 3 Subsection (1) amended by No. 9 of 2009, s. 4, Applied:01 Jul 2009] the wagering in a contingency by way of a totalizator (where the totalizator is not conducted in respect of a prohibited gaming activity);[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] gaming area means a casino or any area in licensed premises to which a venue licence relates approved by the Commission for the conduct of gaming;[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] gaming business means the business of a licensed provider conducted under the authority of a Tasmanian gaming licence in respect of a gaming endorsement;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] gaming chips means any tokens, other than gaming tokens, used instead of money for the purpose of gaming;[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] gaming endorsement means –[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999](a) a sports betting endorsement; and(b) [Section 3 Subsection (1) amended by No. 9 of 2009, s. 4, Applied:01 Jul 2009] a race wagering endorsement; and(c) a simulated gaming endorsement; and(ca) [Section 3 Subsection (1) amended by No. 31 of 2021, s. 4, Applied:16 Dec 2021] a simulated racing event endorsement; and(d) a major lottery endorsement; and(da) [Section 3 Subsection (1) amended by No. 53 of 2005, s. 4, Applied:01 Dec 2005] a betting exchange endorsement; and(db) [Section 3 Subsection (1) amended by No. 9 of 2009, s. 4, Applied:01 Jul 2009] a totalizator endorsement; and(dc) [Section 3 Subsection (1) amended by No. 9 of 2009, s. 4, Applied:01 Jul 2009] [Section 3 Subsection (1) amended by No. 15 of 2013, s. 4, Applied:20 Jun 2013] an agent endorsement;(e) [Section 3 Subsection (1) amended by No. 15 of 2013, s. 4, Applied:20 Jun 2013][Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] gaming equipment means –[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023](a) [Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] linked jackpot equipment; and(ab) [Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] an electronic monitoring system; and(b) an electronic, electrical or mechanical device specifically designed, customised or installed for use in connection with gaming or a gaming activity; and(c) computer software specifically designed, customised or installed for use in connection with gaming or a gaming activity; and(d) any other device used, or capable of being used, for or in connection with gaming or a gaming activity; and(e) a part of, or a replacement part for, gaming equipment;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] gaming machine means any device (other than an FATG machine) that is designed –(a) for the playing of a game of chance or a game that is partly a game of chance and partly a game requiring skill; and(b) to –(i) pay out money or gaming tokens as a result of the making of a wager; or(ii) register a right to an amount of money or money’s worth to be paid as the result of the making of a wager;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] gaming machine authority means an authority endorsed on a venue licence that authorises the venue operator to operate one gaming machine at the licensed premises specified in the venue licence;gaming machine game means a game designed to be played on a gaming machine and identifiable from all other games by differences in rules or programming;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] gaming machine type means a type of gaming machine, including the computer cabinet and computer hardware and software, on which a range of games may be played;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] gaming operation means –(a) in relation to a casino, any activity authorised by the casino licence for that casino; or(b) in relation to licensed premises, any activity authorised by the venue licence for those licensed premises;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] gaming token means Australian currency or any token, credit or any other thing that enables a wager to be made on gaming equipment;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] general casino licence means a general casino licence granted and in force under section 13A ;[Section 3 Subsection (1) amended by No. 21 of 2000, s. 13, Applied:01 Jul 2000] goods and services tax means the GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] greyhound race means a race between greyhound dogs in pursuit of a moving object;[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] [Section 3 Subsection (1) amended by No. 31 of 2021, s. 4, Applied:16 Dec 2021] gross profit, in relation to keno, machine games and games approved under section 103 , means the gross profit calculated in accordance with section 136 ;[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] harness race means a race between horses with a pacing or trotting gait;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] high-roller casino licence means a high-roller casino licence granted and in force under section 13B ;[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] horse race means a race between horses with a galloping gait;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] hotel means licensed premises, other than a licensed club, in respect of which a venue licence is in force;inspector means a person appointed under section 128 to be an inspector for the purposes of this Act;[Section 3 Subsection (1) amended by No. 14 of 2010, s. 4, Applied:28 Sep 2010] instruct means instruct by instrument in writing;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] jackpot means a winning entitlement to the whole or a part of a jackpot prize pool;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] jackpot prize pool means a prize pool established for the payment of jackpots;[Section 3 Subsection (1) amended by No. 11 of 1998, s. 4, Applied:22 May 1998] keno means a game in which a person wagers –(a) that certain numbers selected by that person will be among a group of numbers randomly selected from a total pool of 80 numbers; or(b) on the outcome of the numbers randomly selected from a total pool of 80 numbers;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] keno operation means any activity authorised by a keno operator's licence;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] keno operator means the holder of a keno operator's licence;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] keno operator’s licence means a keno operator’s licence granted and in force under section 13C ;law enforcement agency means –(a) [Section 3 Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] the Police Service; or(ab) [Section 3 Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] the police force of any other State or of a Territory; or(b) the Australian Federal Police; or(c) [Section 3 Subsection (1) amended by No. 26 of 2004, Sched. 2, Applied:01 Nov 2004] [Section 3 Subsection (1) amended by No. 31 of 2021, s. 4, Applied:16 Dec 2021] the Australian Criminal Intelligence Commission; or(d) any other authority or person responsible for the enforcement of the laws of the Commonwealth or of this or any other State or of a Territory;[Section 3 Subsection (1) amended by No. 14 of 2010, s. 4, Applied:28 Sep 2010] lay bet means the acceptance of a wager for a contingency not to occur in relation to an animal, a person or a team;[Section 3 Subsection (1) amended by No. 45 of 2001, s. 5, Applied:01 Jul 2001] licence holder means a person who holds a licence or permit that is in force under this Act;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] licensed club means premises in respect of which both of the following are in force:(a) a club licence within the meaning of the Liquor Licensing Act 1990 ;(b) a venue licence;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] licensed operator means a casino operator or a keno operator;[Section 3 Subsection (1) amended by No. 24 of 2004, s. 37, Applied:01 Jan 2005] licensed premises means premises in respect of which a licence under the Liquor Licensing Act 1990 is in force authorizing the sale of liquor for consumption on the premises–(a) [Section 3 Subsection (1) amended by No. 13 of 2006, s. 4, Applied:20 Sep 2006] to members of the public; or(b) to members of the club specified in the licence, a person introduced to the club by a member in accordance with the rules of the club or a person who is a member of the club by reason of a reciprocal arrangement with another club;[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] licensed provider means a person who holds a Tasmanian gaming licence;licensed technician means a person who is the holder of a licence in force under Division 4 of Part 4 ;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] linked jackpot arrangement means an arrangement whereby 2 or more machine games, gaming machines, FATG machines or gaming equipment are linked to a device that–(a) records from time to time an amount which may be payable, or part of which may be payable, as a jackpot; and(b) for the purpose of recording the amount referred to in paragraph (a) , receives data from each machine to which the device is linked; and(c) is not capable of affecting the outcome of a game on a machine to which the device is linked;linked jackpot equipment means any jackpot meter, payout display, linking equipment, computer equipment, programming or other device (other than a gaming machine) forming, or capable of forming, part of a linked jackpot arrangement;[Section 3 Subsection (1) amended by No. 24 of 2004, s. 37, Applied:01 Jan 2005] liquor has the same meaning as in the Liquor Licensing Act 1990 ;[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] lottery has the meaning given by section 4A ;[Section 3 Subsection (1) amended by No. 45 of 2001, s. 5, Applied:01 Jul 2001] lucky envelope means –(a) any ticket, card or envelope that is commonly known as a lucky envelope, beer ticket, cash ticket or tear open envelope; and(b) any other ticket, card or envelope of a similar nature or kind;[Section 3 Subsection (1) amended by No. 45 of 2001, s. 5, Applied:01 Jul 2001] lucky envelope supplier means a person who prints or otherwise manufactures lucky envelopes or sells lucky envelopes to another person for the purposes of resale by that other person;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] machine game means the following:(a) a gaming machine game;(b) a FATG game;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] machine type means the following:(a) a gaming machine type;(b) a type of FATG machine;[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] major lottery has the meaning given by section 4B ;[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] [Section 3 Subsection (1) amended by No. 9 of 2009, s. 4, Applied:01 Jul 2009] major lottery endorsement means an endorsement on a Tasmanian gaming licence that authorises the activities specified in section 76V ;[Section 3 Subsection (1) amended by No. 45 of 2001, s. 5, Applied:01 Jul 2001] minor gaming operator means the holder of a minor gaming permit;[Section 3 Subsection (1) amended by No. 45 of 2001, s. 5, Applied:01 Jul 2001] minor gaming permit means a minor gaming permit granted and in force under Part 4B ;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] money clearance means the removal of money, gaming chips or gaming tokens from a drop box;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] monitoring licence operations means any activity authorised by a monitoring operator’s licence;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] monitoring operator means the holder of a monitoring operator’s licence;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] monitoring operator’s licence means a monitoring operator’s licence issued and in force under section 48O;[Section 3 Subsection (1) amended by No. 24 of 2004, s. 37, Applied:01 Jan 2005] [Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023][Section 3 Subsection (1) amended by No. 45 of 2001, s. 5, Applied:01 Jul 2001] not-for-profit organisation means an organisation, association, society, club, institution or other body, whether corporate or unincorporate, that is formed or carried on primarily for charitable purposes and not for purposes of trading or securing a profit for its members or another body;operations, in relation to a casino, means –(a) the conduct of gaming in the casino; or(b) other matters affecting or arising out of, activities in the casino;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] owner, in relation to licensed premises, means every person who jointly or severally, whether at law or in equity, is entitled to the licensed premises for any estate of freehold in possession;[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] [Section 3 Subsection (1) amended by No. 53 of 2005, s. 4, Applied:01 Dec 2005] [Section 3 Subsection (1) amended by No. 9 of 2009, s. 4, Applied:01 Jul 2009][Section 3 Subsection (1) amended by No. 9 of 2009, s. 4, Applied:01 Jul 2009] player means a person who (otherwise than as a licensed provider or as the employee of a licensed provider in the course of that employment) –(a) [Section 3 Subsection (1) amended by No. 45 of 2019, s. 4, Applied:12 Dec 2019] [Section 3 Subsection (1) amended by No. 31 of 2021, s. 4, Applied:16 Dec 2021] wagers on an approved sports event, race wagering event, major lottery, pools, simulated racing event or simulated game; or(b) wagers, through a betting exchange, on a brokered wagering event; or(c) [Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] wagers on a totalizator; or(d) [Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] wagers on gaming;[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] pools means football pools and other similar pools prescribed in the regulations;[Section 3 Subsection (1) amended by No. 45 of 2001, s. 5, Applied:01 Jul 2001] premises includes –(a) a vehicle, vessel, aircraft and other means of transport; and(b) a part of premises;prescribed duties –[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] [Section 3 Subsection (1) amended by No. 9 of 2009, s. 4, Applied:01 Jul 2009] [Section 3 Subsection (1) amended by No. 15 of 2013, s. 4, Applied:20 Jun 2013] [Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] [Section 3 Subsection (1) amended by No. 15 of 2013, s. 4, Applied:20 Jun 2013](a) [Section 3 Subsection (1) amended by No. 15 of 2013, s. 27, Applied:06 Feb 2006] in relation to a special employee, means duties associated with the conduct of gaming, or a gaming activity, specified by the Commission in accordance with subsection (6) ; and(b) in relation to a technician, means duties associated with the installation and operation of gaming equipment specified by the Commission in accordance with subsection (6) ;[Section 3 Subsection (1) amended by No. 45 of 2001, s. 5, Applied:01 Jul 2001] prescribed licence means –(a) a casino licence; and(b) [Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] a keno operator's licence; and(c) [Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] a venue licence; and(ca) [Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] a monitoring operator’s licence; and(d) a special employee's licence; and(e) a technician's licence; and(f) a listing on the Roll; and(g) a Tasmanian gaming licence; and(h) a minor gaming permit; and(ha) [Section 3 Subsection (1) amended by No. 66 of 2002, s. 4, Applied:19 Dec 2002] a foreign games permit; and(i) any other licence, permit or authority or similar document prescribed by the regulations;[Section 3 Subsection (1) amended by No. 45 of 2001, s. 5, Applied:01 Jul 2001] prescribed licence holder means the holder of a prescribed licence;prohibited device means a device –(a) used or intended to be used for interfering with the normal operation of gaming equipment; or(b) used or intended to be used for the purpose of enabling a person to count or otherwise record cards dealt in the course of gaming in a casino;[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] prohibited gaming activity means any game, major lottery or pools declared by the Minister under subsection (7) to be a prohibited gaming activity;public interest or interest of the public means public interest or interest of the public having regard to the creation and maintenance of public confidence and trust in the credibility, integrity and stability of the conduct of gaming;[Section 3 Subsection (1) amended by No. 45 of 2001, s. 5, Applied:01 Jul 2001] public place means –(a) a public place within the meaning of the Police Offences Act 1935 ; and(b) a common gaming-house;[Section 3 Subsection (1) amended by No. 9 of 2009, s. 4, Applied:01 Jul 2009] race wagering means wagering on a race wagering event or contingency other than –(a) brokered wagering; or(b) totalizator wagering;[Section 3 Subsection (1) amended by No. 9 of 2009, s. 4, Applied:01 Jul 2009] race wagering endorsement means an endorsement contained in a Tasmanian gaming licence that authorises the activities specified in section 76T ;[Section 3 Subsection (1) amended by No. 9 of 2009, s. 4, Applied:01 Jul 2009] race wagering event means a real horse race, real harness race or real greyhound race;[Section 3 Subsection (1) amended by No. 9 of 2009, s. 4, Applied:01 Jul 2009] racing club means a racing club within the meaning of the Racing Regulation Act 2004 ;[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] real means not simulated;record includes any book, account, document, paper or other source of information compiled, recorded or stored in written form, or on microfilm, or by electronic process, or by any other means;[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] [Section 3 Subsection (1) amended by No. 42 of 2001, Sched. 1, Applied:15 Jul 2001] registered company auditor means a person registered as an auditor, or taken to be so registered, under Part 9.2 of the Corporations Act;[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] registered player, in relation to a licensed provider, means a person registered as a player with that provider under section 76ZU ;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] regulated monitoring functions see section 48E (2);[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] regulations means regulations made and in force under this Act;[Section 3 Subsection (1) amended by No. 14 of 2010, s. 4, Applied:28 Sep 2010] regulatory Agency means –[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] [Section 3 Subsection (1) amended by No. 11 of 1998, s. 4, Applied:22 May 1998](a) the Commission; or(b) the Director of Racing appointed under section 5 of the Racing Regulation Act 2004 ; or(c) Tasracing Pty Ltd formed under the Racing (Tasracing Pty Ltd) Act 2009 ; or(d) another person or body, nominated by the Commission, either in this State or elsewhere;[Section 3 Subsection (1) amended by No. 11 of 1998, s. 4, Applied:22 May 1998] restricted gaming area means a physically discrete area within an approved venue which minors must not enter and which is devoted primarily to the conduct of gaming;[Section 3 Subsection (1) amended by No. 13 of 2006, s. 4, Applied:20 Sep 2006] Roll means the Roll of Recognized Manufacturers, Suppliers and Testers of Gaming Equipment maintained under section 70 ;[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] [Section 3 Subsection (1) amended by No. 45 of 2001, s. 5, Applied:01 Jul 2001][Section 3 Subsection (1) amended by No. 45 of 2001, s. 5, Applied:01 Jul 2001] rules of the game, in relation to an authorised game, means the rules of the game set out in a determination under section 76ZZK in respect of that authorised game;[Section 3 Subsection (1) amended by No. 45 of 2001, s. 5, Applied:01 Jul 2001] sell means –(a) sell by wholesale or retail; and(b) offer, display or expose for sale; and(c) keep for sale; and(d) barter or exchange; and(e) deal in or agree to sell; and(f) supply, forward or deliver for sale or for, or in expectation of receiving, any payment or other consideration; and(g) authorise, cause, attempt, allow, assist with or cooperate in the doing of any act referred to in paragraph (a) , (b) , (c) , (d) , (e) or (f) ;[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] [Section 3 Subsection (1) amended by No. 31 of 2021, s. 4, Applied:16 Dec 2021] simulated game means a computer-generated simulated game, other than keno, a simulated racing event or a lottery, where –(a) a prize consisting of money or something else of value is offered or can be won under the rules of the game; and(b) a player –(i) enters the game or takes any step in the game by means of a telecommunications device; and(ii) pays a monetary payment or other valuable consideration to participate in the game; and(c) the winner of a prize is decided wholly or partly by chance;[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] [Section 3 Subsection (1) amended by No. 9 of 2009, s. 4, Applied:01 Jul 2009] simulated gaming endorsement means an endorsement on a Tasmanian gaming licence that authorises the activities specified in section 76U ;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 4, Applied:16 Dec 2021] simulated racing event means an event generated by a game –(a) that consists of animated images of a thoroughbred race, harness race or greyhound race; and(b) the outcome of which is only determined by a random number generator that draws a set of numbers from a larger set of numbers; and(c) in respect of which the betting competition is a competition with fixed odds;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 4, Applied:16 Dec 2021] simulated racing event endorsement means an endorsement on a Tasmanian gaming licence that authorises the activities specified in section 76UA ;[Section 3 Subsection (1) amended by No. 45 of 2001, s. 5, Applied:01 Jul 2001] special employee has the meaning given by section 49 ;[Section 3 Subsection (1) amended by No. 45 of 2001, s. 5, Applied:01 Jul 2001] special employee's licence means a special employee's licence issued under Division 3 of Part 4 ;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023][Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] [Section 3 Subsection (1) amended by No. 9 of 2009, s. 4, Applied:01 Jul 2009] sports betting endorsement means an endorsement on a Tasmanian gaming licence that authorises the activities specified in section 76S ;[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] sports event means any of the following activities:(a) a real race between –(i) human, or teams or groups of human, competitors; or(ii) mechanical, or teams or groups of mechanical, competitors; or(iii) animal, or teams or groups of animal, competitors, other than a horse race, harness race or greyhound race; or(iv) a mixture of human, mechanical or animal, or teams or groups of human, mechanical, animal or mixed human, mechanical and animal, competitors;(b) a real sport, game, fight, exercise or pastime, whether involving individual competitors or teams or groups of competitors;(c) a prescribed activity;[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] Tasmanian gaming licence means a licence granted and in force under Part 4A ;[Section 3 Subsection (1) amended by No. 45 of 2001, s. 5, Applied:01 Jul 2001] technician's licence means a technician's licence issued and in force under Division 4 of Part 4 ;[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] telecommunications device means –[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] [Section 3 Subsection (1) amended by No. 45 of 2001, s. 5, Applied:01 Jul 2001](a) a computer adapted for communicating by way of the Internet or another communications network; and(b) a television receiver adapted to allow the viewer to transmit information by way of a cable television network or another communications network; and(c) a telephone; and(d) any other electrical or electronic device for communicating at a distance;[Section 3 Subsection (1) amended by No. 45 of 2001, s. 5, Applied:01 Jul 2001] ticket, in relation to a lottery or other game, means any document evidencing a chance in the lottery or game;[Section 3 Subsection (1) amended by No. 9 of 2009, s. 4, Applied:01 Jul 2009] [Section 3 Subsection (1) amended by No. 45 of 2019, s. 4, Applied:12 Dec 2019][Section 3 Subsection (1) amended by No. 45 of 2019, s. 4, Applied:12 Dec 2019] totalizator – see section 4D ;[Section 3 Subsection (1) amended by No. 9 of 2009, s. 4, Applied:01 Jul 2009] totalizator endorsement means an endorsement on a Tasmanian gaming licence that authorises the activities specified in section 76VB ;[Section 3 Subsection (1) amended by No. 9 of 2009, s. 4, Applied:01 Jul 2009] totalizator operator means the holder of a Tasmanian gaming licence with a totalizator endorsement;[Section 3 Subsection (1) amended by No. 45 of 2019, s. 4, Applied:12 Dec 2019] totalizator pool – see section 4D ;[Section 3 Subsection (1) amended by No. 9 of 2009, s. 4, Applied:01 Jul 2009] totalizator wagering means wagering on a totalizator;[Section 3 Subsection (1) amended by No. 53 of 2005, s. 4, Applied:01 Dec 2005] TOTE Tasmania means the company formed under section 6 of the TOTE Tasmania Act 2000 as TOTE Tasmania Pty. Ltd.;[Section 3 Subsection (1) amended by No. 45 of 2001, s. 5, Applied:01 Jul 2001] trade promotion means a scheme or device for the distribution of a prize by way of sale, gift or otherwise where the scheme or device –(a) is for the promotion of a business; and(b) is a scheme or device in which the payment or other consideration is, in the opinion of the Commission, equivalent to the prevailing market price for the right to a benefit or thing the purchase of which is the consideration for the opportunity to participate in the distribution;[Section 3 Subsection (1) amended by No. 45 of 2001, s. 5, Applied:01 Jul 2001] turnover means the total amount paid to a licence holder in respect of gaming or gaming activities or a particular game or gaming activity by persons wagering with the licence holder less any money paid or refundable to any of those persons by reason of the cancellation of wagers in respect of any gaming, gaming activities, particular game or particular gaming activity, or otherwise;[Section 3 Subsection (1) amended by No. 11 of 1998, s. 24, Applied:22 May 1998] [Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023]unrestricted gaming equipment means approved gaming equipment in respect of which a permit under section 82 is in force;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] venue licence means a licence granted and in force under section 42 ;[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] [Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] venue operator means a person who is the holder of a venue licence;[Section 3 Subsection (1) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] venue owner means a person who is the owner of licensed premises in respect of which there is a venue licence;[Section 3 Subsection (1) amended by No. 45 of 2001, s. 5, Applied:01 Jul 2001] wager means doing one or more of the following acts for oneself or on behalf of another person:(a) wagering;(b) paying, receiving or settling a wager;(c) offering or agreeing to wager;(d) offering or agreeing to pay, receive or settle a wager;(e) assisting or cooperating with a person in connection with the doing of any act referred to in paragraph (a) , (b) , (c) or (d) ;[Section 3 Subsection (1) amended by No. 53 of 2005, s. 4, Applied:01 Dec 2005] wagering funds, of a registered player, means –(a) funds deposited or transferred for wagering purposes; and(b) funds obtained from winning wagers;[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] [Section 3 Subsection (1) amended by No. 82 of 2000, Sched. 1, Applied:13 Dec 2000] working day means a day that is not a Saturday, a Sunday or a statutory holiday as defined in the Statutory Holidays Act 2000 ;[Section 3 Subsection (1) amended by No. 102 of 1999, s. 4, Applied:22 Dec 1999] written notice includes a notice given in the form of electronic data from which a written document can be produced or reproduced.(2) [Section 3 Subsection (2) amended by No. 15 of 2013, s. 27, Applied:06 Feb 2006] A reference in this Act to conduct of gaming or a gaming activity is a reference to–(a) [Section 3 Subsection (2) amended by No. 15 of 2013, s. 27, Applied:06 Feb 2006] the management, use, supervision and operation of gaming or a gaming activity; and(b) [Section 3 Subsection (2) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] the sale, redemption or use of gaming chips or gaming tokens; and(c) the installation, alteration, adjustment, maintenance or repair of gaming equipment; and(d) [Section 3 Subsection (2) amended by No. 15 of 2013, s. 27, Applied:06 Feb 2006] the use or distribution of proceeds from gaming or a gaming activity; and(e) [Section 3 Subsection (2) amended by No. 15 of 2013, s. 27, Applied:06 Feb 2006] accounting, banking, money counting, storage and other acts in connection with or related or incidental to gaming or a gaming activity; and(f) [Section 3 Subsection (2) amended by No. 15 of 2013, s. 27, Applied:06 Feb 2006] the acceptance of wagers for gaming or a gaming activity.(3) [Section 3 Subsection (3) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] For the purposes of this Act, a person other than–(a) a special employee; or(b) a licensed technician–in the performance of his or her duties, is taken to play a gaming machine or an FATG machine if the person, directly or indirectly–(c) [Section 3 Subsection (3) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] inserts a gaming token into the gaming machine or FATG machine; or(d) [Section 3 Subsection (3) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] causes gaming machine credits to be registered by the gaming machine or FATG machine; or(e) [Section 3 Subsection (3) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] makes a wager on the gaming machine or FATG machine; or(f) [Section 3 Subsection (3) amended by No. 31 of 2021, s. 36, Applied:01 Jul 2023] makes, or participates in making, the decisions involved in playing the gaming machine or FATG machine.(4) In this Act –(a) a reference to a function includes a reference to a power, authority or duty; and(b) a reference to the exercise of a function includes, in relation to a duty, a reference to the performance of the duty.(5) [Section 3 Subsection (5) amended by No. 42 of 2001, Sched. 1, Applied:15 Jul 2001] For the purposes of this Act, corporations are related to each other if they are, under the Corporations Act, related to each other.(6) The Commission may, by notice in the Gazette, specify prescribed duties in relation to a special employee and a technician.(7) [Section 3 Subsection (7) substituted by No. 102 of 1999, s. 4, Applied:22 Dec 1999] The Minister, by notice published in the Gazette, may declare to be a prohibited gaming activity any game, major lottery or pools that the Minister is satisfied is contrary to the public interest.(8) [Section 3 Subsection (8) inserted by No. 102 of 1999, s. 4, Applied:22 Dec 1999] At the request of a licensed provider or on its own discretion, the Commission by notice published in the Gazette may declare –(a) a sports event to be an approved sports event; and(b) a sports event of a class specified in the notice to be an approved sports event.(8A) [Section 3 Subsection (8A) inserted by No. 45 of 2001, s. 5, Applied:01 Jul 2001] The Commission by notice in the Gazette may declare a game, or a game of a class specified in the notice, to be an exempt game.(8B) [Section 3 Subsection (8B) inserted by No. 45 of 2001, s. 5, Applied:01 Jul 2001] The Commission may include in a notice under subsection (8A) conditions to which the declaration is subject and conditions relating to the conduct of the exempt game.(9) [Section 3 Subsection (9) amended by No. 45 of 2001, s. 5, Applied:01 Jul 2001] [Section 3 Subsection (9) inserted by No. 102 of 1999, s. 4, Applied:22 Dec 1999] A notice referred to in subsection (6) , (7) , (8) or (8A) is not a statutory rule for the purposes of the Rules Publication Act 1953 .
(1) A person is an associate of an applicant for a casino licence or of the holder of such a licence if the person –(a) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the casino business of the applicant or licence holder, and by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the management or operation of that casino business; or(b) holds or will hold any relevant position, whether in right of the person or on behalf of any other person, in the casino business of the applicant or licence holder.(2) [Section 4 Subsection (2) amended by No. 45 of 2001, s. 6, Applied:01 Jul 2001] [Section 4 Subsection (2) amended by No. 102 of 1999, s. 5, Applied:22 Dec 1999] A person is an associate of an applicant for a licence (other than a casino licence or a Tasmanian gaming licence), permit or listing on the Roll or of the holder of such a licence or permit or a person so listed if the person–(a) [Section 4 Subsection (2) amended by No. 31 of 2021, s. 37, Applied:01 Jul 2023] holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the gaming operation or monitoring operation business of the applicant, licence holder or person listed, and by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the management or operation of that gaming operation or monitoring operation business; or(b) [Section 4 Subsection (2) amended by No. 31 of 2021, s. 37, Applied:01 Jul 2023] holds or will hold any relevant position, whether in right of the person or on behalf of any other person, in the gaming operation or monitoring operation business of the applicant, licence holder or person listed; or(c) is a relative of the applicant, licence holder or person listed.(2A) [Section 4 Subsection (2A) inserted by No. 102 of 1999, s. 5, Applied:22 Dec 1999] A person is an associate of an applicant for a Tasmanian gaming licence or a licensed provider if the person –(a) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the gaming business to be conducted by the applicant or the licensed provider and, by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the management or operation of that business; or(b) holds or will hold any relevant position, whether in right of the person or on behalf of any other person, in the gaming business to be conducted by the applicant or the licensed provider; or(c) is a relative of the applicant or licensed provider.(2B) [Section 4 Subsection (2B) inserted by No. 9 of 2009, s. 5, Applied:01 Jul 2009] A person is not taken to be an associate of a licensed provider by reason only of being offered or given, by that licensed provider, a discount, concession or rebate on any wagering or gaming.(3) In this section –[Section 4 Subsection (3) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] partner means the person with whom a person is in a personal relationship, within the meaning of the Relationships Act 2003 ;[Section 4 Subsection (3) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] relative means spouse, partner, parent, child or sibling (whether of the full or half blood);relevant financial interest, in relation to a business, means –[Section 4 Subsection (3) amended by No. 45 of 2001, s. 6, Applied:01 Jul 2001](a) any share in the capital of the business; or(b) any entitlement to receive any income derived from the business;[Section 4 Subsection (3) amended by No. 45 of 2001, s. 6, Applied:01 Jul 2001] relevant position, in relation to a business, means –(a) the position of director, manager or other executive position or secretary, however that position is designated in that business; or(b) [Section 4 Subsection (3) amended by No. 24 of 2004, s. 38, Applied:01 Jan 2005] if that business is conducted in premises in respect of which a liquor licence under the Liquor Licensing Act 1990 is in force, the holder of that liquor licence;relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others –(a) to participate in a directorial, managerial or executive decision; or(b) to elect or appoint any person to any relevant position.
[Section 4A Inserted by No. 102 of 1999, s. 6, Applied:22 Dec 1999](1) In this Act,lottery means a scheme or device for the distribution of a prize by way of sale, gift or otherwise if –(a) the prize consists of a right to any real or personal benefit or real or personal thing; and(b) the distribution involves an element of chance for which a payment or other consideration is made or given.(2) [Section 4A Subsection (2) substituted by No. 45 of 2001, s. 7, Applied:01 Jul 2001] Despite subsection (1) , a scheme or device for the distribution of a prize by way of sale, gift or otherwise is not a lottery if the scheme or device is a trade promotion.
4B. Meaning of "major lottery"
[Section 4B Inserted by No. 102 of 1999, s. 6, Applied:22 Dec 1999](1) In this Act, a lottery is a major lottery if –(a) the Commission, by written notice provided to a licensed provider or other person conducting the lottery, has determined it to be a major lottery; or(b) it is a lottery of a class of lottery that the Commission, by notice published in the Gazette, has determined to be major lotteries and the Commission has not exempted the lottery from being classified as a major lottery.(2) The Commission may exempt a lottery from being classified as a major lottery by written notice provided to a licensed provider or other person conducting the lottery.(3) A notice provided or published under this section is not a statutory rule for the purposes of the Rules Publication Act 1953 .
[Section 4C Inserted by No. 102 of 1999, s. 6, Applied:22 Dec 1999](1) In this section –issued includes given in person, sent by post and communicated by any telecommunications device;game includes a major lottery, pools and game that is prescribed for the purposes of the definition of "game" in section 3(1) .(2) A ticket in a game is sold in Tasmania if it is issued to a person, or an acknowledgment of the sale of a ticket is issued to the person, at or from premises situated in Tasmania.
[Section 4D Inserted by No. 45 of 2019, s. 5, Applied:12 Dec 2019](1) In this Act –pool top-up amount, for a totalizator, means an amount added by a totalizator operator to the totalizator pool so that the amount available for the payment of dividends equals the minimum pool amount for the totalizator;totalizator means a system of parimutuel betting, whether or not conducted by means of an instrument or contrivance known as a totalizator, that enables –(a) persons to wager on contingencies relating to a race wagering event or approved sports event; and(b) the totalizator pool to be divided among the successful wagerers;totalizator pool, for a totalizator, means (other than in section 145D ) the amount left from persons wagering on contingencies after –(a) the deduction of any commissions authorised under this Act; and(b) the deduction of any amount payable to wagerers by way of a refund (whether because of the cancellation or calling-off of a bet or for any other reason); and(c) the addition of any pool top-up amount.(2) For the purposes of the definition of pool top-up amount , the "minimum pool amount" is to be determined in accordance with the formula –where –MPA means the minimum pool amount;A means an amount that the totalizator operator for the totalizator advertises as the minimum amount that will be available for the payment of dividends out of the totalizator for an event or contingency;R means an amount paid out of the totalizator as a refund of a wager;C means the amount that would be deducted as commission if the amount wagered in the totalizator equalled A minus R.
4E. Location of gaming equipment taken to be in casino or licensed premises
[Section 4E Inserted by No. 31 of 2021, s. 5, Applied:16 Dec 2021](1) In this section –[Section 4E Subsection (1) amended by No. 31 of 2021, s. 38, Applied:01 Jul 2023] off-site component, in respect of gaming equipment, means a component of that equipment that is not located at a casino or at licensed premises in respect of which a venue licence is in force.(2) This section applies in respect of gaming equipment if –(a) [Section 4E Subsection (2) amended by No. 31 of 2021, s. 38, Applied:01 Jul 2023] the gaming equipment is physically used for the conduct of gaming by persons located in a casino or in licensed premises in respect of which a venue licence is in force; and(b) the gaming equipment has an off-site component that is provided by a prescribed licence holder in accordance with this Act.(3) For the purposes of this Act –(a) the off-site component of gaming equipment to which this section applies is taken to be located in the relevant casino or licensed premises; and(b) any game being played on gaming equipment to which this section applies is taken to be conducted on that equipment at the relevant casino or licensed premises.
This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.
PART 1A - Gaming and related activities prohibited in certain circumstances
5A. Gaming and related activities prohibited in certain circumstances
[Section 5A Inserted by No. 45 of 2001, s. 8, Applied:01 Jul 2001](1) Except as authorised by or under this Act or another Act, a person must not –(a) open, keep or use a place, or allow a place of which the person is the occupier to be opened, kept or used, for the purpose of conducting gaming in that place; or(b) conduct gaming as a business; or(c) assist a person who is conducting gaming as a business in contravention of paragraph (b) .Penalty: [Section 5A Subsection (1) amended by No. 13 of 2006, s. 5, Applied:20 Sep 2006] In the case of –(a) a first offence, a fine not exceeding 600 penalty units; and(b) a second or subsequent offence, a fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 2 years, or both.(2) For the purposes of subsection (1) , a reference to the conduct of, or conducting, gaming as a business includes a reference to the conduct of, or conducting, an authorised game.(3) Except as authorised by or under this Act, a person must not –(a) wager on, or otherwise participate in, gaming, a game or a gaming activity in a public place; or(b) be in a public place for the purpose of wagering on, or otherwise participating in, gaming, a game or a gaming activity in that public place.Penalty: Fine not exceeding 500 penalty units.
5B. Proceeds of illegal game, &c., to be forfeited
[Section 5B Inserted by No. 13 of 2006, s. 6, Applied:20 Sep 2006] The proceeds from any gaming, game or gaming activity that is not authorised by or under this Act must be forfeited to, or may be seized by, the Crown.
PART 2 - 2003 Deed[Part 2 Substituted by No. 59 of 2003, s. 5, Applied:01 Jul 2003]
[Section 6 Substituted by No. 59 of 2003, s. 5, Applied:01 Jul 2003] [Section 6 Substituted by No. 31 of 2021, s. 39, Applied:01 Jul 2023][Section 7 Substituted by No. 59 of 2003, s. 5, Applied:01 Jul 2003] [Section 7 Repealed by No. 31 of 2021, s. 39, Applied:01 Jul 2023] . . . . . . . .(1) The 2003 Deed is revoked.(2) Compensation is not payable to a party to the 2003 Deed or to any other person for any loss or damage suffered by the party or person because of the application of subsection (1) .
PART 3 - Licensing of Casinos and Keno Operations[Part 3 Heading amended by No. 31 of 2021, s. 40, Applied:01 Jul 2023]
8. Gaming in licensed casinos declared lawful
(1) Despite the provision of any other Act or any law, the conduct and playing of a game and the use of gaming equipment is lawful when the game is conducted, and the gaming equipment is provided, in a casino by or on behalf of the casino operator in accordance with this Act.(2) [Section 8 Subsection (2) omitted by No. 45 of 2001, s. 9, Applied:01 Jul 2001] . . . . . . . .(3) This section does not operate to enable a proceeding to be brought to recover –unless the money was won from or wagered with a casino operator.(a) money won in the course of gaming in a casino; or(b) money or a cheque or other instrument given in payment of money so won; or(c) a loan of money to be wagered in the course of gaming in a casino –(4) The conduct of operations in a casino in accordance with this Act and the conditions of the relevant casino licence is not a public or private nuisance.(5) [Section 8 Subsection (5) omitted by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] . . . . . . . .
9. Conduct of keno by keno operator declared lawful
[Section 9 Subsection (2) omitted by No. 45 of 2001, s. 10, Applied:01 Jul 2001] [Section 9 Subsection (4) omitted by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] [Section 9 Substituted by No. 31 of 2021, s. 41, Applied:01 Jul 2023](1) Despite the provisions of any other Act or any law, the conduct of the game of keno is lawful when the game is conducted by a keno operator in accordance with this Act and the tickets for the game are obtained at an approved venue.(2) The conduct of the game of keno by a keno operator, in accordance with this Act and the conditions of the keno operator’s licence, is not a public or private nuisance.
10. Authority conferred by general casino licence
[Section 10 Subsection (2) omitted by No. 45 of 2001, s. 11, Applied:01 Jul 2001] [Section 10 Substituted by No. 31 of 2021, s. 41, Applied:01 Jul 2023](1) A general casino licence authorises the holder of the licence, subject to this Act and any conditions to which the licence is subject, to do such of the following things as are specified in the licence:(a) to purchase or obtain ancillary gaming services and testing services from persons listed on the Roll;(b) to purchase or obtain approved gaming equipment from persons listed on the Roll, venue operators and casino operators;(c) to purchase or obtain unrestricted gaming equipment from manufacturers and suppliers;(d) to conduct gaming by means of gaming equipment located in the casino;(e) to sell or dispose of gaming equipment;(f) to service, repair or maintain gaming equipment through the services of licensed technicians;(g) to do all things necessarily incidental to carrying on the activities authorised by this section.(2) For the purposes of subsection (1)(d) a reference to the conduct of gaming includes the conduct of keno, but does not include gaming activities.
11. Authority conferred by high-roller casino licence
[Section 11 Amended by No. 102 of 1999, s. 7, Applied:22 Dec 1999] [Section 11 Substituted by No. 112 of 2001, s. 6, Applied:22 Dec 1999] [Section 11 Subsection (1) amended by No. 13 of 2006, s. 7, Applied:20 Sep 2006] [Section 11 Subsection (2) omitted by No. 31 of 2021, s. 6, Applied:16 Dec 2021] [Section 11 Substituted by No. 31 of 2021, s. 41, Applied:01 Jul 2023](1) A high-roller casino licence authorises the holder of the licence, subject to this Act and any conditions to which the licence is subject, to do such of the following things as are specified in the licence:(a) to purchase or obtain ancillary gaming services and testing services from persons listed on the Roll;(b) to purchase or obtain approved gaming equipment from persons listed on the Roll and casino operators;(c) to purchase or obtain unrestricted gaming equipment from manufacturers and suppliers;(d) to conduct gaming by means of gaming equipment located in the casino;(e) to sell or dispose of gaming equipment;(f) to service, repair or maintain gaming equipment through the services of licensed technicians;(g) to do all things necessarily incidental to carrying on the activities authorised by this section.(2) It is a condition of a high-roller casino licence that only a person who is not a resident of this State is authorised under the licence to participate in any gaming in any area of the casino.(3) For the purposes of this section, a person is not a resident of this State if the person’s ordinary place of residence is not in this State.(4) For the purposes of subsection (1)(d) , a reference to gaming does not include the following:(a) gaming activities;(b) gaming machine games;(c) FATG games;(d) the conduct of keno.
12. Authority conferred by keno operator's licence
[Section 12 Amended by No. 13 of 2006, s. 8, Applied:20 Sep 2006] [Section 12 Substituted by No. 31 of 2021, s. 41, Applied:01 Jul 2023] A keno operator's licence authorises the holder of the licence, subject to this Act and any conditions to which the licence is subject, to do such of the following things as are specified in the licence:(a) to purchase or obtain from persons listed on the Roll approved gaming equipment, ancillary gaming services and testing services;(b) to purchase or obtain from manufacturers and suppliers unrestricted gaming equipment;(c) to supply approved gaming equipment to casino operators and venue operators;(d) to conduct games of keno;(e) to sell or dispose of gaming equipment;(f) to service, repair or maintain gaming equipment through the services of licensed technicians;(g) to do all things necessarily incidental to carrying on the activities authorised by this section.
13. Offence to breach licence conditions
[Section 13 Subsection (1) substituted by No. 59 of 2003, s. 6, Applied:01 Jul 2003] [Section 13 Subsection (4) amended by No. 102 of 1999, s. 8, Applied:22 Dec 1999] [Section 13 Subsection (5) substituted by No. 59 of 2003, s. 6, Applied:01 Jul 2003] [Section 13 Substituted by No. 31 of 2021, s. 41, Applied:01 Jul 2023](1) The holder of a casino licence must comply with the conditions to which the casino licence is subject.Penalty: Fine not exceeding 2 500 penalty units.(2) The holder of a keno operator’s licence must comply with the conditions to which the keno operator’s licence is subject.Penalty: Fine not exceeding 2 500 penalty units.
13A. Granting of general casino licence
[Section 13A Inserted by No. 31 of 2021, s. 41, Applied:01 Jul 2023](1) In this section –2023 commencement day means the day on which Part 4 of the Gaming Control Amendment (Future Gaming Market) Act 2021 commences;existing casino licence means a casino licence in force immediately before the 2023 commencement day.(2) On the 2023 commencement day, the Commission must grant to the holder of an existing casino licence (or to a corporation related to the holder of that licence) a general casino licence in respect of the same premises, or part of premises, for which the existing casino licence was granted.(3) After the 2023 commencement day, the Commission may grant a general casino licence in accordance with this Part to an applicant for that licence if the Minister has made a call for applications for a general casino licence under section 22 .(4) A general casino licence granted under this Part may be subject to such conditions as the Commission thinks fit.(5) A general casino licence may be granted in respect of one casino only, but more than one licence may be held by a casino operator concurrently.(6) The Commission must not grant a general casino licence in respect of the same premises, or part of premises, for which a high-roller casino licence has been granted.
13B. Granting of high-roller casino licence
[Section 13B Inserted by No. 31 of 2021, s. 41, Applied:01 Jul 2023](1) In this section –Northern high-roller casino licence means a high-roller casino licence granted in respect of premises, or part of premises, in the Northern Division of the State;Southern high-roller casino licence means a high-roller casino licence granted in respect of premises, or part of premises, in the Southern Division of the State.(2) The Commission may grant a high-roller casino licence in respect of premises, or part of premises, to an applicant for the licence.(3) However, only one Northern high-roller casino licence and one Southern high-roller casino licence may be in force under this Act at any one time.(4) A high-roller casino licence granted under this Part may be subject to such conditions as the Commission thinks fit.(5) A high-roller casino licence may be granted in respect of one casino only, but more than one licence may be held by a casino operator concurrently.(6) The Commission must not grant a high-roller casino licence in respect of the same premises, or part of premises, for which a general casino licence has been granted.
13C. Granting of keno operator’s licence
[Section 13C Inserted by No. 31 of 2021, s. 41, Applied:01 Jul 2023](1) In this section –2023 commencement day means the day on which Part 4 of the Gaming Control Amendment (Future Gaming Market) Act 2021 commences;existing gaming operator’s licence means a gaming operator’s licence in force immediately before the 2023 commencement day.(2) On the 2023 commencement day, the Commission must grant to the holder of the existing gaming operator’s licence (or to a corporation related to the holder of that licence) a keno operator’s licence in respect of the same premises, or part of premises, for which the existing gaming operator’s licence was granted.(3) After the 2023 commencement day, the Commission may grant a keno operator’s licence in accordance with this Part to an applicant for that licence if the Minister has made a call for applications for a keno operator’s licence under section 22 .(4) A keno operator’s licence granted under this Part may be subject to such conditions as the Commission thinks fit.
[Section 14 Substituted by No. 31 of 2021, s. 41, Applied:01 Jul 2023](1) The conditions of a casino licence or a keno operator's licence may be amended in accordance with this section.(2) An amendment may be proposed –(a) by the licensed operator by requesting the Commission in writing to make the amendment; or(b) by the Commission by giving notice in writing of the proposed amendment to the licensed operator.(3) The Commission must give the licensed operator at least 28 days to make submissions to the Commission concerning any proposed amendment and must consider the submissions made.(4) The Commission must then decide whether to make the proposed amendment, either with or without changes from that originally proposed, and must notify the licensed operator of its decision.(5) An amendment proposed by the Commission must be in the public interest or for the proper conduct of gaming.(6) Any amendment that the Commission decides upon takes effect when notice of the decision is given to the licensed operator or on any later date specified in the notice.(7) Where an amendment to the conditions of a casino licence or keno operator’s licence is proposed under this section by the licensed operator, the proposal is to be accompanied by the prescribed fee.
15. Commission to define casino and keno operator premises
[Section 15 Subsection (1A) inserted by No. 15 of 2013, s. 5, Applied:20 Jun 2013] [Section 15 Substituted by No. 31 of 2021, s. 41, Applied:01 Jul 2023](1) The following are to be defined by being specified in the conditions of a casino licence:(a) the boundaries of the casino;(b) the gaming areas in the casino;(c) any restricted gaming areas in the casino.(2) The boundaries of a keno operator's premises are to be defined by being specified in the conditions of the keno operator's licence.(3) It is to be a condition of a casino licence that no person other than the casino operator or a related corporation may own the premises, or any part of the premises, that contain or contains the casino except with the prior written approval of the Commission.
[Section 16 Substituted by No. 31 of 2021, s. 41, Applied:01 Jul 2023] A casino licence and a keno operator's licence remain in force for a period of 20 years unless sooner cancelled or surrendered under this Act.
16A. Renewal of casino licence or keno operator’s licence
[Section 16A Inserted by No. 31 of 2021, s. 41, Applied:01 Jul 2023](1) The holder of a casino licence or a keno operator’s licence may, no earlier than 5 years, and no later than 2 years, before the licence is due to expire, apply to the Commission for the renewal of the licence.(2) An application under subsection (1) must –(a) be in a form approved by the Commission; and(b) contain any information, and be accompanied by any documents, that the Commission requires; and(c) be accompanied by the prescribed fee.(3) Sections 23 , 24 , 25 , 26 , 27 , 28 and 29 apply to an application for the renewal of a casino licence or a keno operator’s licence in the same manner as they apply to an application for the granting of a casino licence or a keno operator’s licence.(4) If a requirement made by this section is not complied with, the Commission may refuse to consider the application.(5) If an application is refused under subsection (4) or withdrawn by the applicant, the Commission, at its discretion, may refund the whole or part of the application fee.(6) The renewal of a casino licence or a keno operator’s licence takes effect from the day on which the current licence was due to expire.
(1) [Section 17 Subsection (1) amended by No. 31 of 2021, s. 42, Applied:01 Jul 2023] A licensed operator must not mortgage, charge or otherwise encumber or assign a casino licence or a keno operator's licence except with the prior approval of the Commission.(2) Where the proposed assignee and the licensed operator are corporations which are related to each other, the consent referred to in subsection (1) is not to be withheld unreasonably.
(1) The Minister and the Commission may enter into an agreement with a licensed operator and a financial institution, registered under the Banking Act 1959 of the Commonwealth, in relation to the provision of financial accommodation to the licensed operator by the financial institution.(2) The agreement may specify the actions to be taken by the Commission –(a) [Section 18 Subsection (2) amended by No. 42 of 2001, Sched. 1, Applied:15 Jul 2001] if the licensed operator is placed under external administration under the Corporations Act; and(b) [Section 18 Subsection (2) amended by No. 45 of 2001, s. 12, Applied:01 Jul 2001] [Section 18 Subsection (2) amended by No. 31 of 2021, s. 43, Applied:01 Jul 2023] if the Commission is empowered under Division 6 of Part 5 to cancel or suspend a casino licence or a keno operator's licence held by the licensed operator.
19. Licensing under the Liquor Licensing Act 1990
[Section 19 Amended by No. 24 of 2004, s. 39, Applied:01 Jan 2005] [Section 19 Amended by No. 31 of 2021, s. 44, Applied:01 Jul 2023] While a casino licence is in force, no person other than the casino operator or an employee of the casino operator may hold a licence under the Liquor Licensing Act 1990 in respect of the premises or any part of the premises where gaming is conducted.[Section 20 Repealed by No. 45 of 2001, s. 13, Applied:01 Jul 2001] . . . . . . . .
(1) [Section 21 Subsection (1) amended by No. 31 of 2021, s. 45, Applied:01 Jul 2023] A licensed operator may surrender a casino licence or a keno operator's licence by giving notice in writing to the Commission.(2) The surrender takes effect only if the Commission consents to the surrender.
22. Action to be taken if casino licence or keno operator’s licence cancelled, &c.
[Section 22 Subsection (1) amended by No. 59 of 2003, s. 7, Applied:01 Jul 2003] [Section 22 Substituted by No. 31 of 2021, s. 46, Applied:01 Jul 2023] The Minister may, if satisfied that it is in the public interest to do so, call for applications for a casino licence or a keno operator’s licence if a licence of the same kind –(a) has been cancelled or surrendered; or(b) is due to expire within the next 2 years and the licence holder –(i) has not made an application to renew the licence under section 16A(1) ; or(ii) has made an application to renew the licence under section 16A(1) and that application has been refused.
22A. Application for casino or keno operator’s licence
[Section 22A Inserted by No. 31 of 2021, s. 46, Applied:01 Jul 2023](1) An application for a casino licence or a keno operator’s licence must –(a) be in a form approved by the Commission; and(b) contain any information, and be accompanied by any documents, that the Commission requires; and(c) be accompanied by the prescribed fee.(2) If a requirement made by this section is not complied with, the Commission may refuse to consider the application.(3) If an application is refused under subsection (2) or withdrawn by the applicant, the Commission, at its discretion, may refund the whole or part of the application fee.
23. Matters to be considered in determining application
[Section 23 Subsection (2) amended by No. 75 of 2009, s. 4, Applied:07 Dec 2009] [Section 23 Substituted by No. 31 of 2021, s. 46, Applied:01 Jul 2023](1) The Commission must not grant an application for a casino licence or a keno operator's licence unless satisfied –(a) that the applicant, and each associate of the applicant, is a suitable person to be concerned in or associated with the management and operation of a casino or a keno operation; and(b) the applicant's premises are suitable for the management and operation of a casino or a keno operation.(2) In particular, the Commission must consider whether –(a) each such person is fit and proper having regard to character, honesty and integrity; and(b) each such person is of sound and stable financial background; and(c) the applicant has a legal right to occupy the premises which are the subject of the application; and(d) in the case of an applicant that is not a natural person, the applicant has, or has arranged, a satisfactory ownership, trust or corporate structure; and(e) the applicant has or is able to obtain –(i) financial resources that are adequate to ensure the financial viability of the casino or keno operation; and(ii) the services of persons who have sufficient experience in the management and operation of a casino or keno operation; and(f) the applicant has sufficient business ability to maintain a successful casino or keno operation; and(g) any of those persons has any business association with any person, body or association who or which, in the opinion of the Commission, is not fit and proper having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources; and(h) each director, partner, trustee, executive officer and secretary and any other officer or person determined by the Commission to be associated or connected with the ownership, administration or management of the operations or business of the applicant is a suitable person to act in that capacity; and(i) the applicant has a history of not complying with a law of any jurisdiction in Australia relating to industrial relations or workplace safety; and(j) the applicant will have appropriate systems and processes in place to ensure that each person who is engaged, or employed, by the applicant, is not subject to discrimination, harassment or other adverse action by the applicant, or by a person engaged or employed by the applicant, if the person provides information relating to –(i) the compliance of the applicant with the requirements of this Act; or(ii) conduct of the applicant; and(k) the size, layout and facilities of the applicant's premises are suitable; and(l) the proposed security arrangements are adequate.
24. Investigation of application
(1) [Section 24 Subsection (1) amended by No. 31 of 2021, s. 47, Applied:01 Jul 2023] On receiving an application for a casino licence or a keno operator's licence, the Commission must cause to be carried out all such investigations and inquiries as it considers necessary to enable it to consider the application properly.(2) The Commission –(a) [Section 24 Subsection (2) amended by No. 31 of 2021, s. 47, Applied:01 Jul 2023] may require any person it is investigating in relation to the person's suitability to be concerned in or associated with the management or operation of a casino or of a keno operation to consent to have his or her photograph, finger prints and palm prints taken; and(b) [Section 24 Subsection (2) amended by No. 45 of 2001, s. 14, Applied:01 Jul 2001] may refer a copy of the application, any photograph and other information obtained from or in respect of the application and any supporting documentation to the Commissioner of Police; and(c) [Section 24 Subsection (2) amended by No. 45 of 2001, s. 14, Applied:01 Jul 2001] must refer a copy of any finger prints and palm prints obtained in respect of the application to the Commissioner of Police.(3) [Section 24 Subsection (3) amended by No. 31 of 2021, s. 47, Applied:01 Jul 2023] The Commissioner of Police must inquire into and report to the Commission on such matters concerning the application as the Commission requests.(4) [Section 24 Subsection (4) amended by No. 31 of 2021, s. 47, Applied:01 Jul 2023] The Commission may refuse to consider an application for a casino licence or a keno operator's licence if any person from whom it requires a photograph, finger prints or palm prints under this section refuses to allow his or her photograph, finger prints or palm prints to be taken.
25. Commission may require further information, &c.
(1) [Section 25 Subsection (1) amended by No. 31 of 2021, s. 48, Applied:01 Jul 2023] The Commission may, by notice in writing, require a person who is an applicant for a casino licence or a keno operator's licence or a person whose association with the applicant is, in the opinion of the Commission, relevant to the application to do any one or more of the following:(a) to provide, in accordance with directions in the notice, any information, verified by statutory declaration, that is relevant to the investigation of the application and is specified in the notice;(b) to produce, in accordance with directions in the notice, any records relevant to the investigation of the application that are specified in the notice and to permit examination of the records, the taking of extracts from them and the making of copies of them;(c) to authorize a person described in the notice to comply with a specified requirement of a kind referred to in paragraph (a) or (b) ;(d) to furnish to the Commission any authorities and consents that the Commission directs for the purpose of enabling the Commission to obtain information, including financial and other confidential information, concerning the person and his or her associates or relations from other persons.(2) If a requirement made under this section is not complied with, the Commission may refuse to consider the application concerned.
26. Cost of investigations to be paid by applicant
(1) [Section 26 Subsection (1) amended by No. 31 of 2021, s. 49, Applied:01 Jul 2023] The reasonable costs incurred by the Commission in investigating and inquiring into an application for a casino licence or a keno operator's licence are payable to the Commission by the applicant, unless the Commission determines otherwise in a particular case.(2) The Commission may require part or full payment in advance of the amount it estimates will be payable by the applicant and may refuse to deal with the application until the required payment is made.(3) Investigation and inquiry costs may include travelling expenses within or outside the State.(4) It is a condition of any licence granted to the applicant that any amount payable under this section by the applicant is paid.
(1) [Section 27 Subsection (1) amended by No. 31 of 2021, s. 50, Applied:01 Jul 2023] If a change occurs to the information provided in or in connection with an application for a casino licence or a keno operator's licence (including any documents lodged with the application) before the application is granted or refused, the applicant must as soon as possible give the Commission written particulars of the change verified by statutory declaration.Penalty: Fine not exceeding 50 penalty units.(2) When particulars of the change are given, those particulars must then be considered to have formed part of the original application for the purposes of the application of subsection (1) to any further change in the information provided.
28. Determination of application
(1) [Section 28 Subsection (1) amended by No. 31 of 2021, s. 51, Applied:01 Jul 2023] [Section 28 Subsection (1) amended by No. 59 of 2003, s. 8, Applied:01 Jul 2003] Subject to section 29 , the Commission is to determine an application for a casino licence or a keno operator's licence by either granting or refusing the application and is to notify the applicant in writing of its decision.(2) [Section 28 Subsection (2) amended by No. 31 of 2021, s. 51, Applied:01 Jul 2023] A casino licence and a keno operator's licence may be granted subject to such conditions as the Commission thinks fit.(3) [Section 28 Subsection (3) amended by No. 31 of 2021, s. 51, Applied:01 Jul 2023] Without limiting the matters to which conditions may relate, the conditions of a casino licence or a keno operator's licence may relate to any matter for which provision is made by this Act but must not be inconsistent with a provision of this Act.(4) The Commission is not required to give reasons for its decision on an application but may give reasons if it thinks fit.(5) [Section 28 Subsection (5) amended by No. 31 of 2021, s. 51, Applied:01 Jul 2023] If an application is granted, a licence to operate a casino or to conduct a keno operation is granted for the term, and subject to the conditions, specified in the licence.
29. Licence cannot be granted without Minister's approval
[Section 29 Subsection (1) amended by No. 75 of 2009, s. 5, Applied:07 Dec 2009] [Section 29 Substituted by No. 31 of 2021, s. 52, Applied:01 Jul 2023] Except as provided in sections 13A(2) and 13C(2) , the Commission must not grant a casino licence or a keno operator's licence to any person unless the Minister has approved the granting of such a licence to that person and has advised the Commission of any terms and conditions to be included in the licence.
29A. New licence cannot take effect until former licence expires
[Section 29A Amended by No. 31 of 2021, s. 53, Applied:01 Jul 2023] [Section 29A Inserted by No. 59 of 2003, s. 9, Applied:01 Jul 2003] If an application for a casino licence or keno operator's licence has been made because an existing licence of that kind is due to expire, the new casino licence or new keno operator's licence is not capable of taking effect until the existing licence has actually expired.
30. Change in situation of licensed operator
(1) In this section –major change in the situation existing in relation to a licensed operator means –(a) any change in that situation which results in a person becoming an associate of the licensed operator; or(b) any other change in that situation which is of a class or description prescribed as a major change for the purposes of this section;minor change in the situation existing in relation to a licensed operator means any change in that situation that is prescribed as a minor change for the purposes of this section.(2) A licensed operator must –(a) ensure that a major change in the situation existing in relation to the operator which is within the operator's power to prevent occurring does not occur except with the prior approval in writing of the Commission; and(b) notify the Commission in writing of the likelihood of any major change in the situation existing in relation to the operator to which paragraph (a) does not apply as soon as practicable after the operator becomes aware of the likelihood of the change; and(c) notify the Commission in writing of any major change in the situation existing in relation to the operator to which paragraphs (a) and (b) do not apply within 3 days after becoming aware that the change has occurred; and(d) notify the Commission in writing of any minor change in the situation existing in relation to the operator within 14 days after becoming aware that the change has occurred.Penalty: Fine not exceeding 50 penalty units.(3) [Section 30 Subsection (3) substituted by No. 31 of 2021, s. 54, Applied:01 Jul 2023] If a major change for which approval of the Commission is sought involves a person becoming an associate of the licensed operator, the Commission must not grant prior approval for that change for the purposes of subsection (2)(a) unless –(a) the Commission is satisfied that the person is a suitable person to be associated with the management or operation of a casino or a keno operation; and(b) in the case of a person who is to become a major shareholder in the licensed operator, the Minister has given written consent to the granting of the prior approval by the Commission.(3A) [Section 30 Subsection (3A) inserted by No. 31 of 2021, s. 54, Applied:01 Jul 2023] For the purposes of subsection (3) a major shareholder is a person who holds more than 10% of the issued shares in a body corporate.(4) [Section 30 Subsection (4) amended by No. 31 of 2021, s. 54, Applied:01 Jul 2023] Sections 24 and 25 apply to and in respect of an application for approval under this section in the same way as they apply to and in respect of an application for a casino licence or a keno operator's licence.
PART 4 - Licensing of Venue Operators, Monitoring Operators, Employees and Technicians and Listing of Manufacturers[Part 4 Heading amended by No. 31 of 2021, s. 56, Applied:01 Jul 2023] [Part 4 Heading amended by No. 31 of 2021, s. 55, Applied:01 Jul 2023]
Division 1 - General[Division 1 of Part 4 Substituted by No. 31 of 2021, s. 57, Applied:01 Jul 2023]
31. Gaming in certain licensed premises declared lawful
[Section 31 Substituted by No. 102 of 1999, s. 9, Applied:22 Dec 1999] [Section 31 Substituted by No. 31 of 2021, s. 57, Applied:01 Jul 2023](1) Despite the provision of any other Act or any law, the conduct of gaming is lawful when the gaming is conducted, and the gaming equipment is provided, by or on behalf of the holder of a venue licence in accordance with this Act at licensed premises in respect of which the venue licence is in force.(2) The conduct of gaming at licensed premises, in respect of which a venue licence is in force in accordance with this Act and the conditions of the relevant licence, is not a public or private nuisance.
32. Authority conferred by venue licence
[Section 32 Amended by No. 102 of 1999, Sched. 2, Applied:22 Dec 1999] [Section 32 Amended by No. 45 of 2001, s. 15, Applied:01 Jul 2001] [Section 32 Substituted by No. 31 of 2021, s. 57, Applied:01 Jul 2023](1) A venue licence authorises the holder of the licence, subject to this Act and any conditions to which the licence is subject, to do such of the following things as are specified in the licence:(a) to purchase or obtain ancillary gaming services from persons listed on the Roll;(b) to purchase or obtain approved gaming equipment from persons listed on the Roll, venue operators or casino operators;(c) to purchase or obtain unrestricted gaming equipment from manufacturers and suppliers;(d) to accept wagers and make payments for games of keno;(e) to operate at the licensed premises, in respect of which the venue licence is in force, the number of gaming machines that is equal to or less than the number of gaming machine authorities endorsed on the venue licence;(f) to possess gaming equipment at the licensed premises to which the licence relates;(g) to sell or dispose of gaming equipment;(h) to do all things necessarily incidental to carrying on the activities authorised by this section.(2) In subsection (1) –gaming equipment does not include –(a) any device designed, customised or installed specifically for use in relation to the operation of, or wagering on –(i) simulated games; or(ii) simulated racing events, unless the simulated racing events are conducted under the authority of a Tasmanian gaming licence; or(b) an FATG machine.
33. Authority conferred by monitoring operator’s licence
[Section 33 Substituted by No. 31 of 2021, s. 57, Applied:01 Jul 2023] A monitoring operator’s licence authorises the holder of the licence, subject to this Act and any conditions to which the licence is subject, to do such of the following things as are specified in the licence:(a) to provide and operate an electronic monitoring system to monitor the operation of all gaming machines at hotels and licensed clubs;(b) to possess gaming machines and other gaming equipment;(c) to purchase or obtain gaming equipment from persons listed on the Roll for the purposes of conducting monitoring operations;(d) to install, service, repair or maintain gaming equipment through the services of licensed technicians;(e) to provide core monitoring functions and regulated monitoring functions;(f) to do all things necessarily incidental to carrying on the activities authorised by this section.
34. Authority conferred by special employee's licence
[Section 34 Amended by No. 45 of 2001, s. 16, Applied:01 Jul 2001] [Section 34 Amended by No. 102 of 1999, s. 10, Applied:22 Dec 1999] [Section 34 Substituted by No. 31 of 2021, s. 57, Applied:01 Jul 2023] A special employee's licence authorises the holder of the licence, subject to this Act and any conditions to which the licence is subject, to be employed or work for a casino operator, venue operator, keno operator, monitoring operator, licensed provider or minor gaming operator and to carry out prescribed duties.
35. Authority conferred by technician's licence
[Section 35 Substituted by No. 31 of 2021, s. 57, Applied:01 Jul 2023] A technician's licence authorises the holder of the licence, subject to this Act and any conditions to which the licence is subject, to service, repair or maintain gaming equipment and to carry out prescribed duties.
Division 2 - Venue licence[Division 2 of Part 4 Heading amended by No. 31 of 2021, s. 58, Applied:01 Jul 2023]
[Section 35A Inserted by No. 57 of 2016, s. 4, Applied:06 Dec 2016] In this Division –community interest matters means –(a) those matters that are prescribed for the purposes of this definition; and(b) any other matter that the Commission determines is a community interest matter;[Section 35A Amended by No. 31 of 2021, s. 59, Applied:01 Jul 2023] operate means operate under the authority of a venue licence.
36. Application for venue licence
(1) [Section 36 Subsection (1) amended by No. 31 of 2021, s. 60, Applied:01 Jul 2023] [Section 36 Subsection (1) substituted by No. 13 of 2006, s. 9, Applied:20 Sep 2006] A person may apply to the Commission to be granted a venue licence for licensed premises other than premises that are –(a) contained within a restaurant; or(b) otherwise part of a restaurant; or(c) prescribed premises.(2) [Section 36 Subsection (2) substituted by No. 31 of 2021, s. 60, Applied:01 Jul 2023] An application for a venue licence must –(a) be in a form approved by the Commission; and(b) specify the number of gaming machine authorities (if any) which the applicant wishes to have endorsed on the venue licence if the licence is granted; and(c) specify whether the applicant wishes to accept wagers and make payments for games of keno; and(d) contain such other information, and be accompanied by any documents, that the Commission requires; and(e) be accompanied by the prescribed fee.(2A) [Section 36 Subsection (2A) inserted by No. 57 of 2016, s. 7, Applied:01 Sep 2017] [Section 36 Subsection (2A) omitted by No. 31 of 2021, s. 60, Applied:01 Jul 2023] . . . . . . . .(2B) [Section 36 Subsection (2B) inserted by No. 57 of 2016, s. 7, Applied:01 Sep 2017] [Section 36 Subsection (2B) omitted by No. 31 of 2021, s. 60, Applied:01 Jul 2023] . . . . . . . .(3) [Section 36 Subsection (3) substituted by No. 31 of 2021, s. 60, Applied:01 Jul 2023] An application under subsection (1) for a venue licence must be accompanied by a community interest submission if –(a) the applicant specifies in the application that the applicant wishes one or more gaming machine authorities to be endorsed on the venue licence for the licensed premises; and(b) gaming machines have not operated at the licensed premises at any time in the 6-month period immediately before the application is made.(4) [Section 36 Subsection (4) substituted by No. 31 of 2021, s. 60, Applied:01 Jul 2023] A community interest submission is to –(a) be in a form approved by the Commission; and(b) contain such particulars regarding community interest matters as the Commission may require.(5) [Section 36 Subsection (5) substituted by No. 31 of 2021, s. 60, Applied:01 Jul 2023] If an applicant specifies under subsection (2) that the applicant wishes to accept wagers and make payments for games of keno, the Commission must, on receipt of the application, forward such information as it considers appropriate concerning the application to the keno operator from whom the applicant proposes to obtain gaming equipment.(5A) [Section 36 Subsection (5A) inserted by No. 31 of 2021, s. 60, Applied:01 Jul 2023] A keno operator must, within 28 days of the receipt of information under subsection (5) , advise the Commission of the suitability of the premises in respect of which it is proposed to grant a venue licence and any other matter relating to the application that the keno operator considers necessary.(5B) [Section 36 Subsection (5B) inserted by No. 31 of 2021, s. 60, Applied:01 Jul 2023] The keno operator does not incur any liability in respect of advice provided in good faith to the Commission under subsection (5A) .(6) [Section 36 Subsection (6) amended by No. 31 of 2021, s. 7, Applied:16 Dec 2021] Within 14 days of making an application to the Commission, the applicant must cause to be published in a newspaper circulating in the area in which the licensed premises are situated a notice containing the information required by the Commission and a statement that any person may object to the grant of a licence by giving notice in writing to the Commission within 28 days of the date of publication and stating the grounds for the objection.(6A) [Section 36 Subsection (6A) amended by No. 31 of 2021, s. 7, Applied:16 Dec 2021] [Section 36 Subsection (6A) inserted by No. 57 of 2016, s. 7, Applied:01 Sep 2017] A person may, within 28 days of the date of publication of a notice under subsection (6) , request in writing that the Commission make available–(a) information as provided in the notice; and(b) [Section 36 Subsection (6A) amended by No. 31 of 2021, s. 60, Applied:01 Jul 2023] any community interest submission made in respect of the relevant application under subsection (3) .(6B) [Section 36 Subsection (6B) inserted by No. 57 of 2016, s. 7, Applied:01 Sep 2017] The Commission is to comply with a request under subsection (6A) .(7) If a requirement imposed on the applicant under this section is not complied with, the Commission may refuse to consider the application.(8) [Section 36 Subsection (8) substituted by No. 11 of 1998, s. 5, Applied:22 May 1998] The Commission, at its discretion, may refund the whole or part of an application fee –(a) if an application is refused under subsection (7) or withdrawn by the applicant; or(b) for any other reason the Commission considers appropriate.
(1) [Section 37 Subsection (1) amended by No. 31 of 2021, s. 61, Applied:01 Jul 2023] A person may object to the grant of a venue licence on any of the following grounds:(a) [Section 37 Subsection (1) amended by No. 75 of 2009, s. 6, Applied:07 Dec 2009] that the applicant or an associate of the applicant is not fit and proper having regard to character, honesty and integrity;(b) [Section 37 Subsection (1) amended by No. 75 of 2009, s. 6, Applied:07 Dec 2009] that the applicant or an associate of the applicant has a business association with a person, body or association who or which is not fit and proper having regard to character, honesty and integrity;(c) [Section 37 Subsection (1) amended by No. 57 of 2016, s. 8, Applied:01 Sep 2017] that a director, partner, trustee, executive officer or the secretary or any other officer or person associated or connected with the ownership, administration or management of the conduct of gaming of the business of the applicant is not a suitable person to act in that capacity;(d) [Section 37 Subsection (1) amended by No. 57 of 2016, s. 8, Applied:01 Sep 2017] [Section 37 Subsection (1) amended by No. 31 of 2021, s. 61, Applied:01 Jul 2023] in the case of an application to which section 36(3) applies, that the granting of the licence endorsed with gaming machine authorities is not in the community interest, having regard to community interest matters.(2) The Commission must consider every objection made under subsection (1) .
38. Matters to be considered in determining application
(1) [Section 38 Subsection (1) amended by No. 31 of 2021, s. 62, Applied:01 Jul 2023] [Section 38 Subsection (1) amended by No. 57 of 2016, s. 9, Applied:01 Sep 2017] The Commission must not grant an application for a venue licence unless it is satisfied that–(a) the applicant and each associate of the applicant is a suitable person to be concerned in or associated with the management and operation of an approved venue; and(b) [Section 38 Subsection (1) amended by No. 57 of 2016, s. 9, Applied:01 Sep 2017] the applicant's premises are suitable for the management and operation of gaming machines or for the conduct of keno, or both; and(c) [Section 38 Subsection (1) amended by No. 57 of 2016, s. 9, Applied:01 Sep 2017] [Section 38 Subsection (1) amended by No. 31 of 2021, s. 62, Applied:01 Jul 2023] in the case of an application to which section 36(3) applies, taking into account community interest matters, the granting of the venue licence endorsed with gaming machine authorities is in the community interest.(2) In particular, the Commission must consider whether –(a) [Section 38 Subsection (2) amended by No. 75 of 2009, s. 7, Applied:07 Dec 2009] the applicant and each associate of the applicant is fit and proper having regard to character, honesty and integrity; and(b) each person is of sound and stable financial background; and(ba) [Section 38 Subsection (2) amended by No. 15 of 2013, s. 6, Applied:20 Jun 2013] the applicant has a legal right to occupy the premises which are the subject of the application; and(bb) [Section 38 Subsection (2) amended by No. 31 of 2021, s. 33, Applied:01 Jul 2022] the applicant has or is able to obtain financial resources that are adequate to ensure the financial viability of the operation of gaming machines or the conduct of keno, or both; and(c) in the case of an applicant that is not a natural person, the applicant has, or has arranged, a satisfactory ownership, trust or corporate structure; and(d) [Section 38 Subsection (2) amended by No. 75 of 2009, s. 7, Applied:07 Dec 2009] any of those persons has any business association with any person, body or association who or which, in the opinion of the Commission, is not fit and proper having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources; and(e) each director, partner, trustee, executive officer and secretary and any other officer or person determined by the Commission to be associated or connected with the ownership, administration or management of the operations or business of the applicant is a suitable person to act in that capacity; and(ea) [Section 38 Subsection (2) amended by No. 31 of 2021, s. 63, Applied:01 Jul 2023] the applicant has a history of not complying with a law of any jurisdiction in Australia relating to industrial relations or workplace safety; and(eb) [Section 38 Subsection (2) amended by No. 31 of 2021, s. 63, Applied:01 Jul 2023] the applicant will have appropriate systems and processes in place to ensure that each person who is engaged, or employed, by the applicant, is not subject to discrimination, harassment or other adverse action by the applicant, or by a person engaged or employed by the applicant, if the person provides information relating to –(i) the compliance of the applicant with the requirements of this Act; or(ii) conduct of the applicant; and(f) the size, layout and facilities of the applicant's premises are suitable; and(g) the proposed security arrangements are adequate.
39. Investigation of application
(1) [Section 39 Subsection (1) amended by No. 31 of 2021, s. 64, Applied:01 Jul 2023] On receiving an application for a venue licence, the Commission must cause to be carried out all investigations and inquiries that it considers necessary to enable it to consider the application properly.(2) The Commission must refer a copy of the application and any supporting documentation to the Commissioner of Police.(3) The Commissioner of Police must inquire into and report to the Commission on any matters concerning the application that the Commission requests.
40. Commission may require further information, &c.
(1) [Section 40 Subsection (1) amended by No. 31 of 2021, s. 65, Applied:01 Jul 2023] The Commission may, by notice in writing, require a person who is an applicant for a venue licence or a person whose association with the applicant is, in the opinion of the Commission, relevant to the application to do any one or more of the following:(a) to provide, in accordance with directions in the notice, any information that is relevant to the investigation of the application and is specified in the notice;(b) to produce, in accordance with directions in the notice, any records relevant to the investigation of the application that are specified in the notice and to permit examination of the records, the taking of extracts from them and the making of copies of them;(c) to consent to having his or her photograph, finger prints and palm prints taken by the Commission;(d) to authorize a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b) ;(e) to furnish to the Commission any authorities and consents that the Commission directs for the purpose of enabling the Commission to obtain information (including financial and other confidential information) concerning the person and his or her associates from other persons.(2) If a requirement made under this section is not complied with, the Commission may refuse to consider the application concerned.(3) [Section 40 Subsection (3) substituted by No. 45 of 2001, s. 17, Applied:01 Jul 2001] The Commission may refer a copy of any photographs, other information and supporting documentation obtained under this section to the Commissioner of Police.(3A) [Section 40 Subsection (3A) inserted by No. 45 of 2001, s. 17, Applied:01 Jul 2001] The Commission must refer a copy of any finger prints and palm prints obtained under this section to the Commissioner of Police.(4) The Commissioner of Police must inquire into and report to the Commission on any matters concerning the application that the Commission requests.
40A. Cost of investigations to be paid by applicant
[Section 40A Inserted by No. 31 of 2021, s. 66, Applied:01 Jul 2023](1) The reasonable costs incurred by the Commission in investigating and inquiring into an application for a venue licence are payable to the Commission by the applicant, unless the Commission determines otherwise in a particular case.(2) The Commission may require part or full payment in advance of the amount it estimates will be payable by the applicant and may refuse to deal with the application until the required payment is made.(3) Investigation and inquiry costs may include travelling expenses within or outside the State.(4) It is a condition of any licence granted to the applicant that any amount payable under this section by the applicant is paid.
(1) [Section 41 Subsection (1) amended by No. 31 of 2021, s. 67, Applied:01 Jul 2023] [Section 41 Subsection (1) amended by No. 57 of 2016, s. 10, Applied:01 Sep 2017] If a change occurs in the information provided in or in connection with an application for a venue licence (including in any community interest submission made under section 36(3) or documents lodged with the application), before the application is granted or refused, the applicant must forthwith give the Commission written particulars of the change.Penalty: Fine not exceeding 50 penalty units.(2) When particulars of the change are given, those particulars must then be considered to have formed part of the original application for the purposes of the application of subsection (1) to any further change in the information provided.
42. Determination of application
[Section 42 Subsection (2A) inserted by No. 45 of 2001, s. 18, Applied:01 Jul 2001] [Section 42 Substituted by No. 31 of 2021, s. 68, Applied:01 Jul 2023](1) The Commission is to determine an application for a venue licence by –(a) granting the application and determining the number (if any) of gaming machine authorities to be endorsed on the licence; or(b) refusing the application.(2) Subject to subsection (3) , in making a determination under subsection (1)(a) , the Commission must ensure that the endorsement of gaming machine authorities on the licence –(a) will not result in –(i) the number of gaming machine authorities endorsed on that licence exceeding the maximum number permitted on that licence under section 101C ; or(ii) the maximum number of gaming machine authorities permitted on venue licences in the State under section 101B(a) being exceeded; and(b) is in accordance with any direction given by the Minister under section 127 .(3) Despite subsection (2) , if an application for a venue licence for licensed premises is made within 6 months of a venue licence (the former licence) for that premises being surrendered, expired or cancelled, the number of gaming machine authorities to be endorsed on the licence is to be –(a) the same as the number of gaming machine authorities endorsed on the former licence; or(b) if a lesser number of gaming machine authorities is specified in the application for the venue licence, that lesser number.(4) If an application is granted, the Commission may grant a venue licence to take effect immediately or on and from a day to be determined by the Commission.(5) If a venue licence takes effect on a day to be determined by the Commission, the day on which the licence takes effect may be determined by reference to –(a) a date; or(b) the occurrence of an event; or(c) the fulfilment of a condition; or(d) any other matter that the Commission considers appropriate.(6) A venue licence may be granted subject to such conditions as the Commission thinks fit.(7) Without limiting the matters to which conditions may relate, the conditions of a venue licence may relate to any matter for which provision is made by this Act but must not be inconsistent with a provision of this Act.(8) On the grant of an application for a venue licence, the Commission must issue to the applicant a venue licence that –(a) specifies whether the acceptance of wagers and the making of payments for games of keno is permitted; and(b) specifies the gaming area and restricted gaming area approved for the licensed premises; and(c) is endorsed with the number of gaming machine authorities (if any) determined by the Commission under subsection (1)(a) .(9) If the Commission decides to refuse an application under this section, the Commission must give the applicant reasons for the refusal in writing.(10) If, during a licensing period, an application for a venue licence is granted under this section, that venue licence –(a) is granted for a period –(i) commencing on the day on which the venue licence takes effect under this section; and(ii) expiring at the end of that licensing period; and(b) is in force for such period unless sooner cancelled or surrendered under this Act; and(c) is granted subject to the conditions, and for the licensed premises, specified in the licence.(11) For the purposes of subsection (10) –licensing period, in respect of a venue licence, means –(a) the period of 20 years commencing on 1 July 2023; and(b) each subsequent 20 year period commencing on the expiry of the immediately preceding licensing period.
[Section 43 Substituted by No. 45 of 2001, s. 19, Applied:01 Jul 2001](1) [Section 43 Subsection (1) amended by No. 31 of 2021, s. 69, Applied:01 Jul 2023] A venue licence is not transferable to any other person or licensed premises.(2) [Section 43 Subsection (2) amended by No. 31 of 2021, s. 69, Applied:01 Jul 2023] Despite subsection (1) , if the Commission considers it appropriate the Commission may endorse on a venue licence the name of any of the following persons:(a) a person who is, or intends to become, the legal personal representative of a deceased holder of the licence;(b) the guardian or administrator appointed under the Guardianship and Administration Act 1995 in respect of the holder of the licence who is a represented person, within the meaning of that Act;(c) [Section 43 Subsection (2) amended by No. 31 of 2021, s. 69, Applied:01 Jul 2023] the official receiver, trustee or assignee of the holder of the licence who becomes bankrupt or takes or applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for the benefit of creditors.(d) [Section 43 Subsection (2) amended by No. 31 of 2021, s. 69, Applied:01 Jul 2023] . . . . . . . .(3) [Section 43 Subsection (3) amended by No. 31 of 2021, s. 69, Applied:01 Jul 2023] A person whose name is endorsed on a venue licence under subsection (2) is taken to be the holder of the licence for the period not exceeding 12 months determined by the Commission and the original holder of the licence ceases to be the holder of the licence.(3A) [Section 43 Subsection (3A) inserted by No. 31 of 2021, s. 69, Applied:01 Jul 2023] The Commission may extend the period referred to in subsection (3) if it considers it appropriate to do so.(4) [Section 43 Subsection (4) amended by No. 31 of 2021, s. 69, Applied:01 Jul 2023] If the Commission endorses a person's name on a venue licence under subsection (2) , it may at the same time amend the licence and give directions in respect of the conduct of gaming under, and the administration of the business relating to, that licence.(5) [Section 43 Subsection (5) inserted by No. 31 of 2021, s. 69, Applied:01 Jul 2023] A person whose name is endorsed on a venue licence under subsection (2) must comply with a direction given to that person under subsection (4) .Penalty: Fine not exceeding 1 000 penalty units.
43A. Surrender of venue licence
[Section 43A Inserted by No. 11 of 1998, s. 6, Applied:22 May 1998](1) [Section 43A Subsection (1) amended by No. 31 of 2021, s. 70, Applied:01 Jul 2023] The holder of a venue licence may surrender the licence by giving written notice to the Commission.(2) The surrender takes effect only if the Commission consents to the surrender.
[Section 43B Inserted by No. 11 of 1998, s. 6, Applied:22 May 1998] [Section 43B Subsection (3A) inserted by No. 45 of 2001, s. 20, Applied:01 Jul 2001] [Section 43B Subsection (5) inserted by No. 13 of 2006, s. 10, Applied:20 Sep 2006] [Section 43B Substituted by No. 31 of 2021, s. 71, Applied:01 Jul 2023](1) The holder of a venue licence may, not earlier than 5 years before the expiration of the current licence, apply to the Commission for the renewal of the licence.(2) If an application is made under subsection (1) –(a) the current licence continues in force until the licence is renewed or its renewal is refused; and(b) if renewed, the renewal takes effect from the day on which the current licence was due to expire.(3) If the current licence ceases to be in force due to the operation of subsection (2)(a) , the Commission may give the holder of the licence a prescribed proportional refund of the annual licence fee paid in respect of that licence.(4) An application for renewal must –(a) be in a form approved by the Commission; and(b) contain any information, and be accompanied by any documents, that the Commission requires; and(c) be accompanied by the prescribed fee.(5) Sections 38 , 39 , 40 , 40A , 41 and 42 apply to an application for the renewal of a venue licence in the same manner as they apply to an application for the granting of a venue licence.(6) The Commission may refuse to renew a venue licence if the holder of the licence does not –(a) comply with a requirement imposed under section 40 within 60 days of the requirement being made; or(b) if the Commission requires the provision of further information under that section, provide such information within 60 days of the further requirement being made.
44. Amendment of venue licence and conditions
(1) [Section 44 Subsection (1) amended by No. 31 of 2021, s. 72, Applied:01 Jul 2023] [Section 44 Subsection (1) amended by No. 15 of 2013, s. 7, Applied:20 Jun 2013] A venue licence and its conditions may be amended in accordance with this section.(2) An amendment may be proposed –(a) by the licensee by requesting the Commission in writing to make the amendment and giving reasons for the request; or(b) [Section 44 Subsection (2) amended by No. 31 of 2021, s. 72, Applied:01 Jul 2023] by the Commission by giving notice in writing of the proposed amendment and giving reasons to the licensee.(3) [Section 44 Subsection (3) amended by No. 15 of 2013, s. 7, Applied:20 Jun 2013] [Section 44 Subsection (3) substituted by No. 57 of 2016, s. 11, Applied:01 Sep 2017] [Section 44 Subsection (3) substituted by No. 31 of 2021, s. 72, Applied:01 Jul 2023] If a licensee under subsection (2)(a) requests the Commission to amend a venue licence so that the licence is endorsed with one or more gaming machine authorities, the following sections apply to that request as if it were an application under section 36(1) for a venue licence endorsed with gaming machine authorities:(a) section 36(3) , (4) , (6) , (6A) and (6B) ;(b) section 37(1)(d) and (2) .(3A) [Section 44 Subsection (3A) inserted by No. 57 of 2016, s. 11, Applied:01 Sep 2017] [Section 44 Subsection (3A) substituted by No. 31 of 2021, s. 72, Applied:01 Jul 2023] Subsection (3) does not apply to a request to amend a venue licence for licensed premises if gaming machines have operated at the licensed premises in the 6-month period immediately before the request.(3B) [Section 44 Subsection (3B) inserted by No. 57 of 2016, s. 11, Applied:01 Sep 2017] [Section 44 Subsection (3B) substituted by No. 31 of 2021, s. 72, Applied:01 Jul 2023] The Commission must not amend a venue licence so that it is endorsed with gaming machine authorities, unless it is satisfied as to the matters specified under section 38 .(3C) [Section 44 Subsection (3C) inserted by No. 31 of 2021, s. 72, Applied:01 Jul 2023] If a licensee under subsection (2)(a) requests the Commission to amend a venue licence to authorise the acceptance of wagers and the making of payments for games of keno at the licensed premises to which the licence relates, sections 36(5) , (5A) and (5B) apply to that request as if it were an application under section 36(1) for a venue licence with such an authorisation.(4) [Section 44 Subsection (4) amended by No. 31 of 2021, s. 72, Applied:01 Jul 2023] The Commission must give the licensee at least 28 days to make submissions to the Commission concerning the proposed amendment (whether proposed by the Commission or the licensee) and must consider the submissions made.(5) [Section 44 Subsection (5) amended by No. 31 of 2021, s. 72, Applied:01 Jul 2023] The Commission must then decide whether to make the proposed amendment, either with or without changes from that originally proposed, and must notify the licensee of its decision.(6) An amendment proposed by the Commission must be in the public interest or for the proper conduct of gaming.(7) Any amendment that the Commission decides upon takes effect when notice of the decision is given to the licensee or on any later date that may be specified in the notice.(8) [Section 44 Subsection (8) inserted by No. 15 of 2013, s. 7, Applied:20 Jun 2013] Where an amendment is proposed by the licensee, the proposal is to be accompanied by the prescribed fee.(9) [Section 44 Subsection (9) inserted by No. 15 of 2013, s. 7, Applied:20 Jun 2013] [Section 44 Subsection (9) omitted by No. 31 of 2021, s. 72, Applied:01 Jul 2023] . . . . . . . .(10) [Section 44 Subsection (10) inserted by No. 15 of 2013, s. 7, Applied:20 Jun 2013] Where an amendment is proposed by the licensee –(a) the Commission may undertake such investigations as it considers appropriate; and(b) the Commission, by written notice to the licensee, may require the licensee to pay the whole or any part of the reasonable costs of the Commission in investigating and processing the application if those costs exceed the prescribed fee.
45. Notification of certain applications concerning liquor licence
(1) [Section 45 Subsection (1) amended by No. 31 of 2021, s. 73, Applied:01 Jul 2023] The holder of a venue licence must give notice in writing to the Commission if any of the following occurs:(a) [Section 45 Subsection (1) amended by No. 24 of 2004, s. 40, Applied:01 Jan 2005] [Section 45 Subsection (1) amended by No. 31 of 2021, s. 73, Applied:01 Jul 2023] an application is made under Part 2 of the Liquor Licensing Act 1990 to vary, transfer or surrender a licence or permit under that Act in respect of the licensed premises to which the venue licence relates;(b) [Section 45 Subsection (1) amended by No. 24 of 2004, s. 40, Applied:01 Jan 2005] [Section 45 Subsection (1) amended by No. 31 of 2021, s. 73, Applied:01 Jul 2023] the Commissioner for Licensing advises the operator of an intention to cancel or suspend a licence or permit issued under Part 2 of the Liquor Licensing Act 1990 .(2) [Section 45 Subsection (2) amended by No. 31 of 2021, s. 73, Applied:01 Jul 2023] [Section 45 Subsection (2) amended by No. 24 of 2004, s. 40, Applied:01 Jan 2005] [Section 45 Subsection (2) amended by No. 46 of 1996, s. 5 ]If a licence under the Liquor Licensing Act 1990 in respect of licensed premises to which a venue licence relates–(a) [Section 45 Subsection (2) amended by No. 31 of 2021, s. 73, Applied:01 Jul 2023] is cancelled, the venue licence is immediately cancelled; or(ab) [Section 45 Subsection (2) amended by No. 45 of 2001, s. 21, Applied:01 Jul 2001] . . . . . . . .(b) [Section 45 Subsection (2) amended by No. 31 of 2021, s. 73, Applied:01 Jul 2023] is suspended for a period of time, the venue licence is immediately suspended for the same period; or(c) [Section 45 Subsection (2) amended by No. 31 of 2021, s. 73, Applied:01 Jul 2023] is surrendered, the venue licence is, subject to subsection (3) , suspended until –(i) a new liquor licence is issued for the premises under that Act; or(ii) an application for a new liquor licence for the premises is refused under that Act, in which case the venue licence is immediately cancelled.(3) [Section 45 Subsection (3) inserted by No. 31 of 2021, s. 73, Applied:01 Jul 2023] If a liquor licence under the Liquor Licensing Act 1990 is surrendered in respect of licensed premises and an application for a new liquor licence for the licensed premises is not made under that Act within the 6-month period immediately after the surrender of the liquor licence, the venue licence held in respect of those licensed premises is cancelled.
46. Modification of gaming areas
[Section 47 Subsection (1) amended by No. 46 of 1996, s. 6 ][Section 47 Subsection (4) amended by No. 11 of 1998, s. 7, Applied:22 May 1998] [Section 47 Repealed by No. 45 of 2001, s. 22, Applied:01 Jul 2001] . . . . . . . . [Section 47A Inserted by No. 11 of 1998, s. 8, Applied:22 May 1998] [Section 47A Repealed by No. 45 of 2001, s. 22, Applied:01 Jul 2001] . . . . . . . .(1) [Section 46 Subsection (1) amended by No. 31 of 2021, s. 74, Applied:01 Jul 2023] The holder of a venue licence must not modify a gaming area in licensed premises in respect of which the licence is in force without the prior written approval of the Commission.Penalty: Fine not exceeding 100 penalty units.(2) The Commission may grant, with or without conditions, or refuse to grant an application for approval of modification of a gaming area having regard to –(a) the size, layout and facilities of the licensed premises; and(b) any other matter that the Commission considers relevant.
[Section 48 Subsection (1A) inserted by No. 57 of 2016, s. 12, Applied:01 Sep 2017] [Section 48 Substituted by No. 31 of 2021, s. 75, Applied:01 Jul 2023](1) The Commission may grant a provisional venue licence to an applicant for a venue licence for licensed premises if –(a) a venue licence was in force in respect of those licensed premises immediately before the grant of the provisional venue licence; and(b) the person has made an application under section 36 for a venue licence in respect of those licensed premises and that application has not yet been determined by the Commission.(2) Subject to subsection (3) , if the Commission grants a provisional venue licence, the number of gaming machine authorities endorsed on the licence is to be –(a) the same number of gaming machine authorities (if any) that were endorsed on the venue licence for the licensed premises immediately before the grant of the provisional venue licence; or(b) such lesser number of gaming machine authorities as is specified in the application for the venue licence.(3) The Commission must not grant a provisional venue licence endorsed with gaming machine authorities if gaming machines have not operated at the licensed premises to which the licence relates in the 6-month period immediately before the application for a venue licence was made.(4) Subject to subsection (5) , a provisional venue licence granted in respect of licensed premises ceases to have effect on the earliest of the following events:(a) the withdrawal of the application referred to in subsection (1)(b) ;(b) the determination of the application referred to in subsection (1)(b) ;(c) the expiry of the period of 180 days from the date on which the provisional venue licence was granted.(5) The Commission may extend the period referred to in subsection (4)(c) if it considers it appropriate to do so.(6) This Act applies to a provisional venue licence in the same way as it applies to a venue licence (to the extent that is consistent with this section).
48A. Transfer of gaming machine authority
[Section 48A Inserted by No. 31 of 2021, s. 75, Applied:01 Jul 2023](1) In this section –associated persons means persons associated because of the following:(a) natural persons are associated persons if they are partners in a partnership;(b) companies are associated persons if –(i) common shareholders have a majority interest in each company; or(ii) the companies have common shareholders and the Commission determines that the companies are associated persons.(2) A gaming machine authority endorsed on a venue licence for licensed premises (theinitial premises) may, by application under this section, be transferred so that it is endorsed on a venue licence for another licensed premises (the secondary premises) if both venue licences are held by –(a) the same person; or(b) associated persons.(3) An application for the transfer of a gaming machine authority under this section must –(a) be made to the Commission in a form approved by the Commission; and(b) contain any information, and be accompanied by any documents, that the Commission requires; and(c) be accompanied by the prescribed fee.(4) If gaming machines have not operated at the secondary premises at any time in the 6-month period immediately before an application is made under this section, the following sections apply to an application under this section as if it were an application under section 36(1) for a venue licence endorsed with gaming machine authorities:(a) section 36(3) , (4) , (6) , (6A) and (6B) ;(b) section 37(1)(d) and (2) .(5) The Commission may grant an application or refuse to grant an application under this section.(6) The Commission must not grant an application under this section unless it is satisfied that, in the case of an application to which subsection (4) applies, taking into account community interest matters, it is in the community interest to transfer the gaming machine authority so that it is endorsed on the venue licence for the secondary premises.(7) The Commission must not grant an application under this section if –(a) the granting of the application will result in the number of gaming machine authorities endorsed on the venue licence for the secondary premises exceeding the maximum number permitted under section 101C ; or(b) the granting of the application is not in accordance with any direction given by the Minister under section 127 .(8) The Commission may require an applicant under this section to pay the whole or any part of the reasonable costs of the Commission in investigating and processing the application if those costs exceed the prescribed fee.(9) A requirement under subsection (8) must be made in writing provided to the applicant.(10) On the grant of an application for the transfer of a gaming machine authority, the Commission must issue to the relevant licence holders replacement venue licences that are endorsed with the number of gaming machine authorities held by the relevant licence holders after the transfer.(11) The transfer of a gaming machine authority takes effect on the day on which the application is granted or on a later day determined by the Commission and specified in the venue licences for the initial premises and the secondary premises.
48B. Increase in number of gaming machine authorities held in respect of licence
[Section 48B Inserted by No. 31 of 2021, s. 75, Applied:01 Jul 2023](1) The holder of a venue licence may apply to the Commission to increase the number of gaming machine authorities endorsed on the venue licence.(2) An application under subsection (1) must –(a) be in a form approved by the Commission; and(b) contain any information, and be accompanied by any documents, that the Commission requires; and(c) be accompanied by the prescribed fee.(3) The Commission may grant an application or refuse to grant an application under this section.(4) In making a determination under subsection (3) , the Commission must ensure that an increase in the number of gaming machine authorities on the licence –(a) will not result in –(i) the number of gaming machine authorities endorsed on that licence exceeding the maximum number permitted on that licence under section 101C ; or(ii) the maximum number of gaming machine authorities permitted on venue licences in the State under section 101B(a) being exceeded; and(b) is in accordance with any direction given by the Minister under section 127 .(5) If the Commission grants an application under this section, the Commission must, as soon as practicable after approving the application, amend the licence by either –(a) endorsing the venue licence with the additional gaming machine authorities; or(b) issuing a replacement venue licence to the licence holder.
48C. Reduction in number of gaming machine authorities held in respect of licence
[Section 48C Inserted by No. 31 of 2021, s. 75, Applied:01 Jul 2023](1) The holder of a venue licence may apply to the Commission to decrease the number of gaming machine authorities endorsed on the venue licence.(2) An application under subsection (1) must –(a) be in a form approved by the Commission; and(b) contain any information, and be accompanied by any documents, that the Commission requires; and(c) be accompanied by the prescribed fee.(3) Subject to subsection (4) , the Commission is to grant an application under this section.(4) If a gaming machine authority is allocated to a licence holder for licensed premises that are held under a lease, the right of that licence holder to apply to reduce the number of gaming machine authorities endorsed on the venue licence is qualified as follows:(a) if the lease is entered into after the commencement of this section, the lease may exclude or limit the right to reduce the number of gaming machine authorities;(b) if the lease was entered into before the commencement of this section, the right may only be exercised if the lease does not contemplate a reduction in gaming machines and either –(i) the owner of the licensed premises agrees; or(ii) the Commission, on application by the holder of the venue licence, determines that it is fair and equitable to reduce the number of gaming machine authorities.
Division 2A - Monitoring operator's licence
48D. Interpretation of Division
[Section 48D of Part 4 Inserted by No. 31 of 2021, s. 76, Applied:01 Jul 2023] In this Division –initial monitoring operator's licence means the first monitoring operator's licence granted under this Act.
48E. Functions of monitoring operators
[Section 48E of Part 4 Inserted by No. 31 of 2021, s. 76, Applied:01 Jul 2023](1) The monitoring operator must carry out the following core monitoring functions:(a) any functions imposed by this Act on monitoring operators;(b) such other core monitoring functions as are prescribed.(2) The monitoring operator must also carry out such regulated monitoring functions as may be prescribed.
48F. Monitoring operators to be licensed
[Section 48F of Part 4 Inserted by No. 31 of 2021, s. 76, Applied:01 Jul 2023](1) A person must not perform any of the core monitoring functions of the monitoring operator except in accordance with an authority conferred on the person by a monitoring operator's licence.Penalty: Fine not exceeding 5 000 penalty units.(2) A person must not perform any of the regulated monitoring functions of the monitoring operator unless –(a) the person is acting in accordance with an authority conferred on that person by a monitoring operator's licence; or(b) the person is listed on the Roll and the person is authorised to perform the function concerned under a contract or agreement with the monitoring operator.Penalty: Fine not exceeding 5 000 penalty units.
48G. Minister may invite expressions of interest for initial monitoring operator's licence
[Section 48G of Part 4 Inserted by No. 31 of 2021, s. 76, Applied:01 Jul 2023](1) The Minister may call for tender applications from persons interested in being granted the initial monitoring operator's licence and may select the most suitable tender.(2) On receiving a tender application for the initial monitoring operator's licence, the Minister may cause to be carried out all such investigations and inquiries as the Minister considers necessary to enable the Minister to consider the application properly.(3) If the Minister selects a suitable tender application under subsection (1) , the Minister, by written notice is to direct the Commission to issue the initial monitoring operator's licence to the successful tenderer and is to advise the Commission of any terms and conditions to be included in the licence.
48H. Application for subsequent monitoring operator's licence
[Section 48H of Part 4 Inserted by No. 31 of 2021, s. 76, Applied:01 Jul 2023](1) The Minister may, if satisfied that it is in the public interest to do so, call for applications for a monitoring operator's licence if a licence of that kind –(a) has been cancelled or surrendered; or(b) is due to expire within the next 2 years and the licence holder –(i) has not made an application to renew the licence under section 48U ; or(ii) has made an application to renew the licence under section 48U and that application has been refused.(2) An application for a monitoring operator's licence under this section must –(a) be made to the Commission in a form approved by the Commission; and(b) contain any information, and be accompanied by any documents, that the Commission requires; and(c) be accompanied by the prescribed fee.(3) If a requirement made under this section is not complied with, the Commission may refuse to consider the application.(4) If an application is refused under subsection (3) or withdrawn by the applicant, the Commission, at its discretion, may refund the whole or part of the application fee.
48I. Matters to be considered in determining application
[Section 48I of Part 4 Inserted by No. 31 of 2021, s. 76, Applied:01 Jul 2023](1) The Commission must not grant an application for a monitoring operator's licence unless it is satisfied that –(a) the applicant and each associate of the applicant is a suitable person to be concerned in or associated with the management and operation of an electronic monitoring system; and(b) the applicant's premises are suitable for the management and operation of an electronic monitoring system; and(c) the proposed electronic monitoring system complies with any electronic monitoring system standards set by the Commission under section 112PA .(2) In particular, the Commission must consider whether –(a) the applicant and each associate of the applicant is fit and proper having regard to character, honesty and integrity; and(b) each such person is of sound and stable financial background; and(c) the applicant has a legal right to occupy the premises which are the subject of the application; and(d) in the case of an applicant that is not a natural person, the applicant has, or has arranged, a satisfactory ownership, trust or corporate structure; and(e) the applicant has, or is able to obtain –(i) financial resources that are adequate to ensure the financial viability of the monitoring operation; and(ii) the services of persons who have, sufficient commercial and technical experience to manage and operate an electronic monitoring system; and(f) any of those persons has any business association with any person, body or association who or which, in the opinion of the Commission, is not fit and proper having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources; and(g) each director, partner, trustee, executive officer and secretary and any other officer or person determined by the Commission to be associated or connected with the ownership, administration or management of the operations or business of the applicant is a suitable person to act in that capacity; and(h) the applicant has a history of not complying with a law of any jurisdiction in Australia relating to industrial relations or workplace safety; and(i) the applicant will have appropriate systems and processes in place to ensure that each person who is engaged, or employed, by the applicant, is not subject to discrimination, harassment or other adverse action by the applicant, or by a person engaged or employed by the applicant, if the person provides information relating to –(i) the compliance of the applicant with the requirements of this Act; or(ii) conduct of the applicant; and(j) the size, layout and facilities of the applicant's premises are suitable; and(k) the proposed security arrangements are adequate.
48J. Investigation of application
[Section 48J of Part 4 Inserted by No. 31 of 2021, s. 76, Applied:01 Jul 2023](1) On receiving an application for a monitoring operator's licence, the Commission must cause to be carried out all investigations and inquiries that it considers necessary to enable it to consider the application properly.(2) The Commission must refer a copy of the application and any supporting documentation to the Commissioner of Police.(3) The Commissioner of Police must inquire into and report to the Commission on any matters concerning the application that the Commission requests.
48K. Commission may require further information, &c.
[Section 48K of Part 4 Inserted by No. 31 of 2021, s. 76, Applied:01 Jul 2023](1) The Commission may, by notice in writing, require a person who is an applicant for a monitoring operator's licence or who, in the opinion of the Commission, has some association or connection with the applicant that is relevant to the application to do any one or more of the following:(a) to provide, in accordance with any directions given in the notice, any information that is relevant to the investigation of the application and is specified in the notice;(b) to produce, in accordance with any directions given in the notice, any records relevant to the investigation of the application that are specified in the notice and to permit the examination of the records, the taking of extracts from them and the making of copies of them;(c) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b) ;(d) to furnish to the Commission any authorities and consents that the Commission directs for the purpose of enabling the Commission to obtain information (including financial and other confidential information) concerning the person and his or her associates from other persons.(2) If a requirement made under this section is not complied with, the Commission may refuse to consider the application.
48L. Cost of investigations to be paid by applicant
[Section 48L of Part 4 Inserted by No. 31 of 2021, s. 76, Applied:01 Jul 2023](1) The reasonable costs incurred by the Commission in investigating and inquiring into an application for a monitoring operator's licence are payable to the Commission by the applicant, unless the Commission determines otherwise in a particular case.(2) The Commission may require part or full payment in advance of the amount it estimates will be payable by the applicant and may refuse to deal with the application until the required payment is made.(3) Investigation and inquiry costs may include travelling expenses within or outside the State.(4) It is a condition of any licence granted to the applicant that any amount payable by the applicant under this section be paid.
[Section 48M of Part 4 Inserted by No. 31 of 2021, s. 76, Applied:01 Jul 2023](1) If a change occurs in the information provided in or in connection with an application for a monitoring operator’s licence (including documents lodged with the application) before the application is granted or refused, the applicant must, as soon as practicable after the change occurs, give written particulars of the change to –(a) in the case of an application under section 48G , the Minister; or(b) in the case of an application under section 48H , the Commission.Penalty: Fine not exceeding 50 penalty units.(2) When particulars of the change are given, those particulars must then be considered to have formed part of the original application for the purposes of the application of subsection (1) to any further change in the information provided.
48N. Determination of application
[Section 48N of Part 4 Inserted by No. 31 of 2021, s. 76, Applied:01 Jul 2023](1) The Commission must determine an application for a monitoring operator's licence by either granting or refusing the application and is to notify the applicant in writing of its decision.(2) The Commission must not grant a monitoring operator’s licence to any person unless the Minister has approved the granting of such a licence to that person and has advised the Commission of any terms and conditions to be included in the licence.(3) The Commission is not required to give reasons for its decision on any application under section 48H but may do so if it thinks fit.
48O. Issue of monitoring operator's licence
[Section 48O of Part 4 Inserted by No. 31 of 2021, s. 76, Applied:01 Jul 2023](1) The Commission is to issue a monitoring operator's licence to a person if –(a) the Minister has selected the person's tender application for the initial monitoring operator's licence under section 48G ; or(b) the Commission has granted the person's application for a monitoring operator's licence under section 48N .(2) The licence is to be issued subject to –(a) any terms and conditions that the Minister has specified in respect of that licence under section 48G or 48N ; and(b) such other terms and conditions as the Commission considers appropriate.(3) Without limiting the conditions to which a monitoring operator's licence may be subject, a monitoring operator's licence is subject to the following conditions:(a) the licence holder must manage and operate an electronic monitoring system in accordance with this Act and the monitoring operator's licence;(b) the licence holder must not use electronic monitoring system information otherwise than in accordance with this Act or the monitoring operator's licence;(c) the licence holder must carry out the functions of the monitoring operator in accordance with this Act and the monitoring operator’s licence;(d) the licence holder must have policies in place to comply with such personal information protection principles under the Personal Information Protection Act 2004 (in relation to business operations to be carried out by the licence holder pursuant to the monitoring operator’s licence) as would apply to the licence holder if the licence holder were a personal information custodian under that Act.(4) The holder of a monitoring operator’s licence must comply with the terms and conditions to which the licence is subject.Penalty: Fine not exceeding 2 500 penalty units.(5) In exercising its powers under this Act, the Commission is to ensure that no more than one monitoring operator’s licence is in effect at any given time.(6) The monitoring operator must not hold any other prescribed licence other than a listing on the Roll that authorises the provision of ancillary gaming services.
48P. Surrender of monitoring operator's licence
[Section 48P of Part 4 Inserted by No. 31 of 2021, s. 76, Applied:01 Jul 2023](1) The monitoring operator may surrender the monitoring operator’s licence by giving notice in writing to the Commission.(2) The surrender takes effect only if the Commission consents to the surrender.
48Q. Change in situation of monitoring operator
[Section 48Q of Part 4 Inserted by No. 31 of 2021, s. 76, Applied:01 Jul 2023](1) In this section –major change in the situation existing in relation to the monitoring operator means –(a) any change in that situation which results in a person becoming an associate of the monitoring operator; or(b) any other change in that situation that is of a class or description prescribed as a major change for the purposes of this section;minor change in the situation existing in relation to the monitoring operator means any change in that situation that is of a class or description that is prescribed as a minor change for the purposes of this section.(2) The monitoring operator must –(a) ensure that a major change in the situation existing in relation to the operator which is within the operator's power to prevent occurring does not occur except with the prior approval in writing of the Commission; and(b) notify the Commission in writing of the likelihood of any major change in the situation existing in relation to the operator to which paragraph (a) does not apply as soon as practicable after the operator becomes aware of the likelihood of the change; and(c) notify the Commission in writing of any major change in the situation existing in relation to the operator to which paragraphs (a) and (b) do not apply within 3 days after becoming aware that the change has occurred; and(d) notify the Commission in writing of any minor change in the situation existing in relation to the operator within 14 days after becoming aware that the change has occurred.Penalty: Fine not exceeding 50 penalty units.(3) If a major change for which the approval of the Commission is sought under this section involves a person becoming an associate of the monitoring operator, the Commission must not grant prior approval for that change for the purposes of subsection (2)(a) unless –(a) the Commission is satisfied that the person is a suitable person to be associated with the management or operation of an electronic monitoring system; and(b) in the case of a person who is to become a major shareholder in the monitoring operator, the Minister has given written consent to the granting of the prior approval by the Commission.(4) For the purposes of subsection (3) , a major shareholder is a person who holds more than 10% of the issued shares in a body corporate.(5) Sections 48J , 48K and 48L apply to, and in respect of, an application for approval under this section in the same way as they apply to, and in respect of, an application for a monitoring operator's licence.
48R. Commission to define monitoring operator's premises
[Section 48R of Part 4 Inserted by No. 31 of 2021, s. 76, Applied:01 Jul 2023] The boundaries of a monitoring operator’s premises are to be defined by being specified in the conditions of the monitoring operator’s licence.
48S. New licence cannot take effect until former licence expires
[Section 48S of Part 4 Inserted by No. 31 of 2021, s. 76, Applied:01 Jul 2023] If an application for a monitoring operator's licence has been made because an existing monitoring operator's licence is due to expire, the new monitoring operator's licence is not capable of taking effect until the existing licence has expired.
48T. Duration of monitoring operator's licence
[Section 48T of Part 4 Inserted by No. 31 of 2021, s. 76, Applied:01 Jul 2023] A monitoring operator's licence remains in force for a period of 20 years unless sooner cancelled or surrendered under this Act.
48U. Renewal of monitoring operator's licence
[Section 48U of Part 4 Inserted by No. 31 of 2021, s. 76, Applied:01 Jul 2023](1) The holder of a monitoring operator's licence may, no earlier than 5 years and no later than 2 years before the current licence is due to expire, apply to the Commission for the renewal of the current licence.(2) An application under subsection (1) must be –(a) in a form approved by the Commission; and(b) contain any information, and be accompanied by any documents, that the Commission requires; and(c) be accompanied by the prescribed fee.(3) Sections 48H , 48I , 48J , 48K , 48L , 48M , 48N , 48O and 48Q apply to an application for the renewal of a monitoring operator’s licence in the same manner as they apply to an application for the granting of a monitoring operator’s licence.(4) If a requirement made under this section is not complied with, the Commission may refuse to consider the application.(5) If an application is refused under subsection (4) or withdrawn by the applicant, the Commission, at its discretion, may refund the whole or part of the application fee.(6) The renewal of a monitoring operator’s licence takes effect from the day on which the current licence was due to expire.
48V. Suspension or cancellation of monitoring operator's licence in extraordinary circumstances
[Section 48V of Part 4 Inserted by No. 31 of 2021, s. 76, Applied:01 Jul 2023](1) Despite any other provision of this Act, the Minister may cancel or suspend a monitoring operator's licence, by notice in writing to the monitoring operator (the former licensee), if the Minister is satisfied that –(a) the conduct of the monitoring operator may materially jeopardise the integrity of the monitoring licence operations; or(b) failure to do so may result in the public interest being adversely affected in a material way.(2) A notice given under this section is to specify –(a) when the cancellation or suspension takes effect (whether on the day on which the notice is given or a later day); and(b) the grounds on which the licence is cancelled or suspended.(3) If a monitoring operator’s licence is suspended, cancelled or otherwise ceases to be in force, the Minister may –(a) authorise a person, or a class of persons, to perform the functions of the monitoring operator; or(b) enter into an agreement with a person (the substitute licensee) that empowers that person to perform the functions of the monitoring operator.(4) If subsection (3)(a) applies, the authorised person or class of persons –(a) has full control of, and responsibility for, the monitoring licence operations; and(b) is to operate, or cause to be operated, an electronic monitoring system in accordance with this Act; and(c) is to perform the functions of a monitoring operator; and(d) is taken to be the holder of the monitoring operator’s licence until –(i) the Minister enters into an agreement under subsection 3(b) ; or(ii) the monitoring operator’s licence is no longer suspended; and(e) may enter into arrangements with the former licensee as the Minister thinks fit, including arrangements relating to the use of assets and services of staff of the former licensee.(5) If subsection (3)(b) applies, the substitute licensee –(a) is, for a period of 6 months, to be considered to be the holder of a monitoring operator’s licence granted on the same terms and subject to the same conditions as the former licence (as in force immediately before its cancellation or suspension) with such modifications as the Minister may specify in the agreement; and(b) has full control of, and responsibility for, the monitoring licence operations; and(c) is to operate, or cause to be operated, an electronic monitoring system in accordance with this Act; and(d) is to perform the functions of a monitoring operator; and(e) may, subject to this section, enter into such arrangements as are approved by the Minister with the former licensee, including arrangements relating to the use of assets and services of staff of the former licensee.(6) The former licensee must –(a) make available to a person authorised under subsection (3)(a) or to a substitute licensee, on reasonable terms, such assets of, or under the control of, the former licensee as are reasonably necessary for arrangements under subsection (4)(e) or (5)(e) ; and(b) use the former licensee's best endeavours to make available such staff of the former licensee as are reasonably necessary for those arrangements.Penalty: Fine not exceeding 10 000 penalty units.(7) The Minister may extend the period referred to in subsection (5)(a) for such period as the Minister sees fit.
[Section 48W of Part 4 Inserted by No. 31 of 2021, s. 76, Applied:01 Jul 2023](1) The conditions of a monitoring operator's licence may be amended in accordance with this section.(2) An amendment may be proposed –(a) by the monitoring operator by requesting the Commission in writing to make the amendment; or(b) by the Commission by giving notice in writing of the proposed amendment to the monitoring operator.(3) The Commission must give the monitoring operator at least 28 days to make submissions to the Commission concerning any proposed amendment under subsection (2)(b) and must consider the submissions made.(4) The Commission must then decide whether to make the proposed amendment, either with or without changes from that originally proposed, and must notify the monitoring operator of its decision.(5) An amendment proposed by the Commission must be in the public interest or for the proper conduct of gaming.(6) Any amendment that the Commission decides upon takes effect when notice of the decision is given to the monitoring operator or on such later date as is specified in the notice.(7) Where an amendment is proposed by the monitoring operator, the proposal is to be accompanied by the prescribed fee.
48X. Rights associated with, and control of, electronic monitoring system information
[Section 48X of Part 4 Inserted by No. 31 of 2021, s. 76, Applied:01 Jul 2023](1) All rights associated with electronic monitoring system information obtained by the monitoring operator under the authority of a monitoring operator’s licence are vested in the Crown.(2) The monitoring operator must not use or divulge electronic monitoring system information referred to in subsection (1) to any person without the written consent of the Minister or as otherwise authorised in accordance with the monitoring operator’s licence or this Act.Penalty: Fine not exceeding 5 000 penalty units.(3) The monitoring operator may divulge electronic monitoring system information acquired in the course of the operation of an electronic monitoring system at licensed premises to the venue operator for those licensed premises.(4) A person to whom electronic monitoring system information is divulged by the monitoring operator must not use or divulge electronic monitoring system information otherwise than in accordance with this Act or any terms or conditions under which the information is divulged to the person.Penalty: Fine not exceeding 2 500 penalty units.(5) If a person who is in possession of electronic monitoring system information divulges that information to another person, the information provided to that other person is subject to –(a) the same terms and conditions to which the person divulging the information was subject; and(b) such additional terms and conditions as may be imposed by the person divulging the information.(6) The monitoring operator may, during the term of the monitoring operator’s licence, use electronic monitoring system information for the purposes of the operation and management of an electronic monitoring system.
48Y. Approval of electronic monitoring systems
[Section 48Y of Part 4 Inserted by No. 31 of 2021, s. 76, Applied:01 Jul 2023](1) A person may apply to the Commission for approval of an electronic monitoring system, or a class of electronic monitoring systems, for use in monitoring licence operations.(2) An application under subsection (1) must be in a form approved by the Commission and must be accompanied by the prescribed fee.(3) On receipt of an application under subsection (1) , the Commission is to conduct an evaluation of the electronic monitoring system or class of electronic monitoring systems.(4) The Commission may require a person who makes an application subsection (1) to provide any additional information or material that the Commission considers necessary for the purposes of an evaluation under subsection (3) .(5) If an electronic monitoring system or a class of electronic monitoring systems is considered by the Commission to be suitable for use in monitoring licence operations, the Commission may approve the electronic monitoring system or class of electronic monitoring systems for such use subject to such conditions (if any) as it determines.(6) If an electronic monitoring system differs in any material particular from the electronic monitoring system or class of electronic monitoring systems approved by the Commission under this section, the electronic monitoring system ceases to be approved under this section, except in such circumstances as may be prescribed.(7) The Commission may amend its approval of an electronic monitoring system or class of electronic monitoring systems by written notice sent to the operator of that system or class of electronic monitoring systems.(8) The Commission may require the operator of an electronic monitoring system to provide further information in relation to that system when considering whether to amend an approval under subsection (7) .(9) A monitoring operator must not permit gaming machines to be connected to an electronic monitoring system unless that system or class of electronic monitoring systems has been approved by the Commission under this section as suitable for use in monitoring licence operations.Penalty: Fine not exceeding 1 000 penalty units.
[Section 48Z of Part 4 Inserted by No. 31 of 2021, s. 76, Applied:01 Jul 2023](1) The regulations may make provision for or in respect of the following:(a) the functions and powers of the monitoring operator under this Act;(b) requirements or limitations on the provision of core monitoring functions and regulated monitoring functions;(c) the amount, or means of calculating the amount, of fees payable in relation to the provision of core monitoring functions and regulated monitoring functions;(d) requirements or limitations as to the persons, or classes of persons, that may provide specified core monitoring functions or regulated monitoring functions;(e) persons to whom specified core monitoring functions or specified regulated monitoring functions are to be provided;(f) any other matters affecting or arising out of monitoring licence operations;(g) directions by the Minister to the monitoring operator or any other person concerned in the management or supervision of electronic monitoring systems –(i) regarding any matter that relates to the operation of an electronic monitoring system; and(ii) regarding any agreement or arrangement that relates to an electronic monitoring system; and(iii) requiring the monitoring operator to provide such information or particulars, and in such circumstances, as may be prescribed;(h) the enforcement of directions under paragraph (g) .
Division 3 - Special employee's licence
In this Division –[Section 49 Amended by No. 102 of 1999, s. 11, Applied:22 Dec 1999] function of a special employee means a duty prescribed for the purposes of the definition of "special employee" in this section;[Section 49 Amended by No. 45 of 2001, s. 23, Applied:01 Jul 2001]special employee means a natural person who –(a) is employed or working, whether for remuneration or reward or not, in an approved venue and who carries out prescribed duties; or(b) [Section 49 Amended by No. 102 of 1999, s. 11, Applied:22 Dec 1999] [Section 49 Amended by No. 31 of 2021, s. 77, Applied:01 Jul 2023] is employed by or working for a keno operator or the monitoring operator and who carries out prescribed duties; or(c) [Section 49 Amended by No. 102 of 1999, s. 11, Applied:22 Dec 1999] [Section 49 Amended by No. 45 of 2001, s. 23, Applied:01 Jul 2001] is employed or working, whether or not for remuneration or reward, for a licensed provider and who carries out prescribed duties; or(d) [Section 49 Amended by No. 45 of 2001, s. 23, Applied:01 Jul 2001] is employed or working, whether or not for remuneration or reward, for a minor gaming operator and who carries out prescribed duties.
50. Special employees to be licensed
(1) [Section 50 Subsection (1) amended by No. 45 of 2001, s. 24, Applied:01 Jul 2001] A person must not exercise or perform any of the functions of a special employee except in accordance with the authority conferred on the person by a special employee's licence.Penalty: Fine not exceeding 50 penalty units or a term of imprisonment not exceeding 3 months or both.(2) [Section 50 Subsection (2) amended by No. 31 of 2021, s. 78, Applied:01 Jul 2023] [Section 50 Subsection (2) amended by No. 45 of 2001, s. 24, Applied:01 Jul 2001] [Section 50 Subsection (2) amended by No. 102 of 1999, Sched. 2, Applied:22 Dec 1999] A casino operator, venue operator, keno operator, monitoring operator, licensed provider or minor gaming operator must not–unless the person is authorized by a special employee's licence to exercise or perform the function concerned.(a) [Section 50 Subsection (2) amended by No. 45 of 2001, s. 24, Applied:01 Jul 2001] employ or use the services of a person to exercise or perform any function of a special employee; or(b) [Section 50 Subsection (2) amended by No. 45 of 2001, s. 24, Applied:01 Jul 2001] allocate or permit or suffer to be allocated to a person the exercise or performance of any function of a special employee–Penalty: Fine not exceeding 50 penalty units.(3) [Section 50 Subsection (3) amended by No. 102 of 1999, Sched. 2, Applied:22 Dec 1999] [Section 50 Subsection (3) amended by No. 11 of 1998, s. 9, Applied:22 May 1998] [Section 50 Subsection (3) substituted by No. 46 of 1996, s. 7 ][Section 50 Subsection (3) substituted by No. 45 of 2001, s. 24, Applied:01 Jul 2001] [Section 50 Subsection (3) substituted by No. 31 of 2021, s. 78, Applied:01 Jul 2023] A casino operator, venue operator, keno operator, monitoring operator, licensed provider or minor gaming operator must not allow a special employee employed by the operator or provider to carry out any duties in relation to gaming equipment unless that employee has demonstrated to the relevant operator or provider that the employee is competent in the use of that equipment.Penalty: Fine not exceeding 50 penalty units.(4) [Section 50 Subsection (4) amended by No. 102 of 1999, Sched. 2, Applied:22 Dec 1999] [Section 50 Subsection (4) omitted by No. 46 of 1996, s. 7 ][Section 50 Subsection (4) inserted by No. 11 of 1998, s. 9, Applied:22 May 1998] [Section 50 Subsection (4) substituted by No. 45 of 2001, s. 24, Applied:01 Jul 2001] [Section 50 Subsection (4) omitted by No. 31 of 2021, s. 78, Applied:01 Jul 2023] . . . . . . . .(5) [Section 50 Subsection (5) inserted by No. 45 of 2001, s. 24, Applied:01 Jul 2001] [Section 50 Subsection (5) omitted by No. 31 of 2021, s. 78, Applied:01 Jul 2023] . . . . . . . .
51. Application for special employee's licence
(1) [Section 51 Subsection (1) amended by No. 45 of 2001, s. 25, Applied:01 Jul 2001] An application for a special employee's licence must be in a form approved by the Commission and must be accompanied by–(a) the prescribed fee; and(b) [Section 51 Subsection (1) amended by No. 31 of 2021, s. 79, Applied:01 Jul 2023] the documents, if any, that may be specified by the Commission and required in the form of application.(c) [Section 51 Subsection (1) amended by No. 102 of 1999, Sched. 2, Applied:22 Dec 1999] [Section 51 Subsection (1) amended by No. 45 of 2001, s. 25, Applied:01 Jul 2001] [Section 51 Subsection (1) amended by No. 13 of 2006, s. 11, Applied:20 Sep 2006] [Section 51 Subsection (1) amended by No. 31 of 2021, s. 79, Applied:01 Jul 2023] . . . . . . . .(2) [Section 51 Subsection (2) amended by No. 45 of 2001, s. 25, Applied:01 Jul 2001] An applicant, other than an applicant who is or is proposing to be employed by a minor gaming operator, is required to consent to having his or her photograph, finger prints and palm prints taken by the Commission.(3) [Section 51 Subsection (3) substituted by No. 45 of 2001, s. 25, Applied:01 Jul 2001] The Commission may require an applicant who is or is proposing to be employed by a minor gaming operator to consent to having his or her photograph, finger prints and palm prints taken by the Commission.(3A) [Section 51 Subsection (3A) inserted by No. 45 of 2001, s. 25, Applied:01 Jul 2001] The Commission may refer a copy of the application, any photographs and other information obtained from or in relation to the application and any supporting documentation to the Commissioner of Police.(3B) [Section 51 Subsection (3B) inserted by No. 45 of 2001, s. 25, Applied:01 Jul 2001] The Commission must refer a copy of any finger prints and palm prints obtained in relation to the application to the Commissioner of Police.(4) The Commissioner of Police must inquire into and report to the Commission on any matters concerning the application that the Commission requests.(5) [Section 51 Subsection (5) amended by No. 45 of 2001, s. 25, Applied:01 Jul 2001] An application for a special employee's licence may not be made by a person who is under the age of 18 years or who is a person within a class of persons prescribed as being ineligible to apply for a special employee's licence.(6) If a requirement under this section is not complied with the Commission may refuse to consider the application concerned.(7) [Section 51 Subsection (7) substituted by No. 11 of 1998, s. 10, Applied:22 May 1998] The Commission, at its discretion, may refund the whole or part of an application fee –(a) if an application is refused under subsection (6) or withdrawn by the applicant; or(b) for any other reason the Commission considers appropriate.
(1) [Section 52 Subsection (1) amended by No. 45 of 2001, s. 26, Applied:01 Jul 2001] If a change occurs in the information provided in or in connection with an application for a special employee's licence (including in any documents lodged with the application) before the application is granted or refused, the applicant must, as soon as practicable after the change occurs, give the Commission written particulars of the change.(2) When particulars of the change are given, those particulars are then to be considered to have formed part of the original application for the purposes of the operation of subsection (1) in relation to any further change in the information provided.
53. Commission may require further information, &c.
(1) [Section 53 Subsection (1) amended by No. 45 of 2001, s. 27, Applied:01 Jul 2001] The Commission may, by notice in writing, require a person who is an applicant for a special employee's licence or who, in the opinion of the Commission, has some association or connection with the applicant that is relevant to the application to do any one or more of the following:(a) to provide, in accordance with directions in the notice, any information that is relevant to the investigation of the application and is specified in the notice;(b) to produce, in accordance with directions in the notice, any records relevant to investigation of the application that are specified in the notice and to permit examination of the records, the taking of extracts from them and the making of copies of them;(c) to authorize a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b) ;(d) to furnish to the Commission any authorities and consents that the Commission directs for the purpose of enabling the Commission to obtain information (including financial and other confidential information) concerning the person and his or her associates from other persons.(2) If a requirement made under this section is not complied with, the Commission may refuse to consider the application.
54. Application to be investigated
The Commission must investigate each application.
55. Determination of application
(1) [Section 55 Subsection (1) amended by No. 45 of 2001, s. 28, Applied:01 Jul 2001] The Commission must consider an application for a special employee's licence and must take into account the investigation under section 54 and any submission made by the applicant within the time allowed and must make an assessment of–(a) the integrity, responsibility, personal background and financial stability of the applicant; and(b) the general reputation of the applicant having regard to character, honesty and integrity.(2) [Section 55 Subsection (2) amended by No. 45 of 2001, s. 28, Applied:01 Jul 2001] The Commission must determine the application by either issuing a special employee's licence to the applicant or refusing the application and must inform the applicant in writing of its determination.(3) The Commission must give reasons for its decision to refuse an application.(4) [Section 55 Subsection (4) amended by No. 45 of 2001, s. 28, Applied:01 Jul 2001] [Section 55 Subsection (4) amended by No. 46 of 1996, s. 8 ]A special employee's licence issued under this section must specify the special employee's name and the authority given by the licence.
56. Conditions of special employee's licence
(1) [Section 56 Subsection (1) amended by No. 45 of 2001, Sched. 1, Applied:01 Jul 2001] [Section 56 Subsection (1) amended by No. 45 of 2001, s. 29, Applied:01 Jul 2001] A special employee's licence is subject to any condition imposed by the Commission and notified to the special employee on the issue of the licence or during its currency.(2) [Section 56 Subsection (2) amended by No. 45 of 2001, Sched. 1, Applied:01 Jul 2001] [Section 56 Subsection (2) amended by No. 45 of 2001, s. 29, Applied:01 Jul 2001] A condition of a special employee's licence may be varied or revoked by the Commission whether or not on application made to the Commission by the special employee.(3) [Section 56 Subsection (3) amended by No. 45 of 2001, Sched. 1, Applied:01 Jul 2001] [Section 56 Subsection (3) amended by No. 45 of 2001, s. 29, Applied:01 Jul 2001] It is a condition of every special employee's licence that the special employee must not participate in gaming while on duty other than as required in the course of his or her employment.(4) [Section 56 Subsection (4) amended by No. 45 of 2001, Sched. 1, Applied:01 Jul 2001] [Section 56 Subsection (4) amended by No. 45 of 2001, s. 29, Applied:01 Jul 2001] Subject to subsection (5) , it is a condition of every special employee's licence that the special employee must not solicit or accept any gratuity, consideration or other benefit from a patron in a gaming area.(5) [Section 56 Subsection (5) amended by No. 45 of 2001, Sched. 1, Applied:01 Jul 2001] An authorized person may approve a special employee accepting a benefit from a patron if the benefit is, in the opinion of the authorized person, of nominal value.
56A. Replacement special employee's licence
[Section 56A Inserted by No. 11 of 1998, s. 11, Applied:22 May 1998](1) [Section 56A Subsection (1) amended by No. 45 of 2001, s. 30, Applied:01 Jul 2001] A special employee may apply to the Commission for a replacement of his or her special employee's licence.(2) [Section 56A Subsection (2) amended by No. 45 of 2001, s. 30, Applied:01 Jul 2001] An application for a replacement special employee's licence must be made in a form approved by the Commission and must be accompanied by the prescribed fee.(3) [Section 56A Subsection (3) amended by No. 45 of 2001, s. 30, Applied:01 Jul 2001] A replacement special employee's licence is to be in a form approved by the Commission.
(1) A special employee must at all times while on duty wear identification of a kind approved by the Commission in such manner as to be visible to other persons.(2) [Section 57 Subsection (2) amended by No. 31 of 2021, s. 80, Applied:01 Jul 2023] [Section 57 Subsection (2) amended by No. 45 of 2001, s. 31, Applied:01 Jul 2001] [Section 57 Subsection (2) amended by No. 102 of 1999, s. 12, Applied:22 Dec 1999] Upon a written request from a casino operator, venue operator, keno operator, monitoring operator, licensed provider or minor gaming operator or at its own discretion, the Commission may exempt a special employee or class of special employee from the requirements of subsection (1) on such terms and conditions as the Commission may determine.
58. Provisional special employee's licence
(1) [Section 58 Subsection (1) amended by No. 45 of 2001, s. 32, Applied:01 Jul 2001] The Commission may, pending a decision on an application for a special employee's licence, grant the applicant a provisional special employee's licence.(2) [Section 58 Subsection (2) amended by No. 45 of 2001, s. 32, Applied:01 Jul 2001] Subject to subsection (3) , a provisional special employee's licence expires at the end of the period of 90 days after it is granted.(3) The Commission may extend the period referred to in subsection (2) .(4) [Section 58 Subsection (4) amended by No. 45 of 2001, Sched. 1, Applied:01 Jul 2001] [Section 58 Subsection (4) amended by No. 45 of 2001, s. 32, Applied:01 Jul 2001] A provisional special employee's licence is subject to any conditions or restrictions of which the provisional special employee is notified by the Commission when issuing the licence.(5) [Section 58 Subsection (5) amended by No. 45 of 2001, s. 32, Applied:01 Jul 2001] A provisional special employee's licence may be cancelled by the Commission at any time and, unless sooner surrendered or cancelled, ceases to have effect on the approval or refusal of the provisional special employee's application for a special employee's licence.(6) [Section 58 Subsection (6) amended by No. 45 of 2001, s. 32, Applied:01 Jul 2001] This Act applies to a provisional special employee's licence in the same way as it applies to a special employee's licence (to the extent that is consistent with this section).
59. Duration of special employee's licence
[Section 59 Substituted by No. 45 of 2001, s. 33, Applied:01 Jul 2001] A special employee's licence remains in force for the period not exceeding 5 years specified in it unless it is sooner cancelled or surrendered to the Commission by written notice.
60. Renewal of special employee's licence
[Section 61 Repealed by No. 45 of 2001, s. 35, Applied:01 Jul 2001] . . . . . . . . [Section 62 Repealed by No. 45 of 2001, s. 35, Applied:01 Jul 2001] . . . . . . . . [Section 63 Repealed by No. 45 of 2001, s. 35, Applied:01 Jul 2001] . . . . . . . .(1) [Section 60 Subsection (1) amended by No. 31 of 2021, s. 81, Applied:01 Jul 2023] [Section 60 Subsection (1) amended by No. 45 of 2001, Sched. 1, Applied:01 Jul 2001] [Section 60 Subsection (1) amended by No. 45 of 2001, s. 34, Applied:01 Jul 2001] The holder of a special employee’s licence may, not earlier than one month before the expiration of the current licence or such period before the expiration of the current licence as is determined by the Commission, apply to the Commission for the renewal of that licence, in which case–(a) [Section 60 Subsection (1) amended by No. 45 of 2001, s. 34, Applied:01 Jul 2001] the current special employee's licence continues in force until the licence is renewed or its renewal is refused; and(b) [Section 60 Subsection (1) amended by No. 45 of 2001, s. 34, Applied:01 Jul 2001] if renewed, the renewal takes effect from the day on which the current special employee's licence was due to expire.(2) An application for renewal must be made in a form approved by the Commission and must be accompanied by the prescribed fee.(2A) [Section 60 Subsection (2A) inserted by No. 45 of 2001, s. 34, Applied:01 Jul 2001] The Commission may refund or waive the payment of the whole or part of the prescribed fee if it considers it appropriate to do so.(3) [Section 60 Subsection (3) amended by No. 45 of 2001, s. 34, Applied:01 Jul 2001] Sections 52 , 53 , 54 and 55 apply to an application for the renewal of a special employee's licence in the same manner as they apply to an application for the issue of a special employee's licence.
64. Termination of employment on suspension or cancellation of licence
[Section 64 Amended by No. 102 of 1999, Sched. 2, Applied:22 Dec 1999] [Section 64 Amended by No. 102 of 1999, s. 13, Applied:22 Dec 1999] [Section 64 Amended by No. 45 of 2001, s. 36, Applied:01 Jul 2001] [Section 64 Amended by No. 31 of 2021, s. 82, Applied:01 Jul 2023] If a casino operator, venue operator, keno operator, monitoring operator, licensed provider or minor gaming operator receives written notice from the Commission that the licence of a special employee has been suspended or cancelled, or has otherwise ceased to be in force, the operator or provider must, within 24 hours after receiving the notice, terminate the employment that constitutes the performance or exercise of the functions of a special employee or cause it to be terminated.Penalty: Fine not exceeding 100 penalty units.
65. Provision of information relating to special employee
(1) [Section 65 Subsection (1) omitted by No. 11 of 1998, s. 12, Applied:22 May 1998] . . . . . . . .(2) [Section 65 Subsection (2) amended by No. 102 of 1999, s. 14, Applied:22 Dec 1999] [Section 65 Subsection (2) amended by No. 45 of 2001, Sched. 1, Applied:01 Jul 2001] [Section 65 Subsection (2) omitted by No. 31 of 2021, s. 8, Applied:16 Dec 2021] . . . . . . . .(3) [Section 65 Subsection (3) amended by No. 45 of 2001, Sched. 1, Applied:01 Jul 2001] The Commission, by notice in writing, may require a special employee–(a) to provide, in accordance with directions in the notice, any information relevant to the holding of the licence that is specified in the notice; or(b) to produce, in accordance with directions in the notice, any records relevant to the holding of the licence that are specified in the notice and to permit examination of the records and the making of copies of the records.(4) [Section 65 Subsection (4) amended by No. 45 of 2001, Sched. 1, Applied:01 Jul 2001] [Section 65 Subsection (4) amended by No. 45 of 2001, s. 37, Applied:01 Jul 2001] It is a condition of a special employee's licence that the special employee must comply with the requirements of a notice under this section.
Division 4 - Technician's licence
In this Division –licence means a licence in force under this Division;[Section 66 Amended by No. 45 of 2001, s. 38, Applied:01 Jul 2001] function of a technician means a duty prescribed for the purposes of the definition of "technician" in this section;[Section 66 Amended by No. 45 of 2001, s. 38, Applied:01 Jul 2001] licensee means the holder of a technician's licence;[Section 66 Amended by No. 11 of 1998, s. 13, Applied:22 May 1998] technician means a person who installs, services, maintains or repairs gaming equipment and carries out prescribed duties.
67. Only licensed technicians to repair, &c., gaming equipment
(1) [Section 67 Subsection (1) amended by No. 31 of 2021, s. 83, Applied:01 Jul 2023] [Section 67 Renumbered by No. 45 of 2019, s. 6, Applied:12 Dec 2019] [Section 67 Amended by No. 102 of 1999, Sched. 2, Applied:22 Dec 1999] [Section 67 Amended by No. 45 of 2001, s. 39, Applied:01 Jul 2001] A casino operator, venue operator, keno operator, monitoring operator or licensed provider must not–unless the person is authorized by a technician's licence to exercise the function concerned.(a) employ or use the services of a person to perform any function of a technician in relation to gaming equipment; or(b) allocate or permit to be allocated to a person the exercise of any function of a technician in relation to gaming equipment–Penalty: Fine not exceeding 250 penalty units.(2) [Section 67 Subsection (2) inserted by No. 45 of 2019, s. 6, Applied:12 Dec 2019] Subsection (1) does not apply if the person referred to in paragraph (a) or (b) is authorized to exercise the function concerned under a contract that –(a) [Section 67 Subsection (2) amended by No. 31 of 2021, s. 83, Applied:01 Jul 2023] is with a licensed operator, a monitoring operator or a licensed provider; and(b) is a relevant contract within the meaning of paragraph (d) of the definition of relevant contract in section 77V(1) ; and(c) has been approved by the Commission under section 77V(2) .
[Section 68 Amended by No. 31 of 2021, s. 84, Applied:01 Jul 2023] The provisions of Division 3 apply, with any necessary modification, to applications for the issue or renewal of technician's licences and licensees.
(1) [Section 69 Subsection (1) amended by No. 11 of 1998, s. 14, Applied:22 May 1998] A person must not install, service, maintain or repair gaming equipment unless the person holds a current technician's licence under this Act.Penalty: Fine not exceeding 250 penalty units or imprisonment for 12 months.(2) [Section 69 Subsection (2) amended by No. 11 of 1998, s. 14, Applied:22 May 1998] A person must not employ, or cause to be employed, another person to install, service, maintain or repair gaming equipment unless the second-mentioned person holds a current technician's licence under this Act.Penalty: Fine not exceeding 250 penalty units.
Division 5 - Manufacturers, suppliers and testers of gaming equipment[Division 5 of Part 4 Heading amended by No. 13 of 2006, s. 12, Applied:20 Sep 2006]
69A. Interpretation of Division
[Section 69A Inserted by No. 45 of 2001, s. 40, Applied:01 Jul 2001] In this Division,[Section 69A Amended by No. 31 of 2021, s. 85, Applied:01 Jul 2023] ancillary gaming services provider means a person who is authorised to provide ancillary gaming services by a listing on the Roll;minor gaming Roll applicant means an applicant for a listing on the Roll who is making the application solely because of an intention to supply equipment that a minor gaming permit requires to be supplied to a minor gaming operator by a person listed on the Roll.
69B. Authority conferred by listing on Roll
[Section 69B Inserted by No. 31 of 2021, s. 86, Applied:01 Jul 2023](1) A person whose name is listed on the Roll is authorised, subject to this Act, to carry out such of the following activities as are specified in the Roll in respect of that listing:(a) to possess gaming equipment;(b) to test gaming equipment;(c) to manufacture, sell or supply gaming equipment;(d) to enter into arrangements with prescribed licence holders to provide ancillary gaming services.(2) However, a person whose name is listed on the Roll is not authorised under this section to sell or supply gaming equipment to prescribed licence holders unless –(a) the gaming equipment has been approved by the Commission under section 48Y , 76ZZG , 80 or 81 ; or(b) the person has the written authority of the Commission to do so.
70. Roll of Recognized Manufacturers, Suppliers and Testers of Gaming Equipment
[Section 70 Amended by No. 13 of 2006, s. 13, Applied:20 Sep 2006] The Commission must maintain a Roll of Recognized Manufacturers, Suppliers and Testers of Gaming Equipment.
71. Application to be listed on Roll
(1) [Section 71 Subsection (1) amended by No. 45 of 2001, s. 41, Applied:01 Jul 2001] [Section 71 Subsection (1) substituted by No. 13 of 2006, s. 14, Applied:20 Sep 2006] [Section 71 Subsection (1) substituted by No. 31 of 2021, s. 87, Applied:01 Jul 2023] A person is to apply to the Commission to be listed on the Roll if the person –(a) manufactures, sells or supplies, or intends to manufacture, sell or supply, gaming equipment for or to a holder of a Tasmanian gaming licence, a venue operator, keno operator, monitoring operator, casino operator or minor gaming operator; or(b) supplies or intends to supply testing services to a holder of a Tasmanian gaming licence, a venue operator, keno operator, monitoring operator, casino operator or minor gaming operator; or(c) provides or intends to provide ancillary gaming services.(1A) [Section 71 Subsection (1A) inserted by No. 13 of 2006, s. 14, Applied:20 Sep 2006] [Section 71 Subsection (1A) omitted by No. 31 of 2021, s. 87, Applied:01 Jul 2023] . . . . . . . .(1B) [Section 71 Subsection (1B) inserted by No. 13 of 2006, s. 14, Applied:20 Sep 2006] [Section 71 Subsection (1B) omitted by No. 31 of 2021, s. 87, Applied:01 Jul 2023] . . . . . . . .(1C) [Section 71 Subsection (1C) inserted by No. 13 of 2006, s. 14, Applied:20 Sep 2006] [Section 71 Subsection (1C) omitted by No. 31 of 2021, s. 87, Applied:01 Jul 2023] . . . . . . . .(2) An application must be made in a form approved by the Commission and must be accompanied by the prescribed fee.(3) The application must contain or be accompanied by any additional information that the Commission may request.(4) [Section 71 Subsection (4) amended by No. 45 of 2001, s. 41, Applied:01 Jul 2001] An applicant, other than a minor gaming Roll applicant, is required to consent to having his or her photograph, finger prints and palm prints taken by the Commission.(5) [Section 71 Subsection (5) substituted by No. 45 of 2001, s. 41, Applied:01 Jul 2001] The Commission may require a minor gaming Roll applicant to consent to having his or her photograph, finger prints and palm prints taken by the Commission.(5A) [Section 71 Subsection (5A) inserted by No. 45 of 2001, s. 41, Applied:01 Jul 2001] The Commission may refer a copy of the application, any photograph and other information obtained from or in relation to the application and any supporting documentation to the Commissioner of Police.(5B) [Section 71 Subsection (5B) inserted by No. 45 of 2001, s. 41, Applied:01 Jul 2001] The Commission must refer a copy of the finger prints and palm prints obtained in relation to the application to the Commissioner of Police.(6) The Commissioner of Police must inquire into and report to the Commission on any matters concerning the application that the Commission requests.(7) [Section 71 Subsection (7) amended by No. 45 of 2001, s. 41, Applied:01 Jul 2001] Within 14 days of the application an applicant, other than a minor gaming Roll applicant, must cause to be published in a newspaper circulating generally in Tasmania a notice containing the prescribed information and stating that any person may object to the grant of the application by giving notice in writing to the Commission within 14 days of the date of publication and stating the grounds for the objection.(8) If a requirement made by this section is not complied with the Commission may refuse to consider the application.(9) If an application is refused under subsection (8) or withdrawn by the applicant, the Commission, at its discretion, may refund the whole or part of the application fee.
72. Cost of investigations to be paid by applicant
(1) The reasonable costs incurred by the Commission in investigating and inquiring into an application to be listed on the Roll are payable to the Commission by the applicant, unless the Commission determines otherwise in a particular case.(2) The Commission may require part or full payment in advance of the amount it estimates will be payable by the applicant and may refuse to deal with the application until the required payment is made.(3) Investigation and inquiry costs may include travelling expenses within or outside the State.(4) It is a condition of any applicant being listed on the Roll that any amount payable under this section by the applicant is paid.
(1) [Section 73 Subsection (1) amended by No. 45 of 2001, s. 42, Applied:01 Jul 2001] A person may object to the granting of an application for listing on the Roll, other than an application by a minor gaming Roll applicant, by giving notice in writing to the Commission within 14 days of the date of publication of the notice required by section 71 (7) and stating the grounds for the objection.(2) The Commission must consider every objection so made.
[Section 73A Inserted by No. 45 of 2001, s. 43, Applied:01 Jul 2001](1) If a change occurs in the information provided in or in connection with an application for listing on the Roll (including in any documents lodged with the application) before the application is granted or refused, the applicant must give the Commission written particulars of the change as soon as is reasonably practicable.Penalty: Fine not exceeding 60 penalty units.(2) When particulars of the change are given, those particulars must then be considered to have formed part of the original application for the purposes of the application of subsection (1) to any further change in the information provided.
74. Determination of application
(1) The Commission must determine an application for listing on the Roll by either granting or refusing the application and must notify the applicant in writing of the decision.(2) [Section 74 Subsection (2) amended by No. 45 of 2001, s. 44, Applied:01 Jul 2001] Without limiting the matters which the Commission may consider in determining whether to grant an application in respect of an applicant other than a minor gaming Roll applicant, the Commission must consider whether–(a) [Section 74 Subsection (2) amended by No. 75 of 2009, s. 8, Applied:07 Dec 2009] the applicant and each associate of the applicant is fit and proper having regard to character, honesty and integrity; and(b) [Section 74 Subsection (2) amended by No. 75 of 2009, s. 8, Applied:07 Dec 2009] any of those persons has any business association with any person, body or association who or which, in the opinion of the Commission, is not fit and proper having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources; and(c) each director, partner, trustee, executive officer and secretary and any other officer or person determined by the Commission to be associated or connected with the ownership, administration or management of the operations or business of the applicant is a suitable person to act in that capacity.(2A) [Section 74 Subsection (2A) amended by No. 75 of 2009, s. 8, Applied:07 Dec 2009] [Section 74 Subsection (2A) inserted by No. 45 of 2001, s. 44, Applied:01 Jul 2001] Without limiting the matters which the Commission may consider in determining whether to grant an application in respect of a minor gaming Roll applicant, the Commission must consider whether the applicant and each associate of the applicant is fit and proper having regard to character, honesty and integrity.(3) The Commission is not required to give reasons for its decision on any application under section 71 but may do so if it thinks fit.
75. Listing on Roll subject to conditions
[Section 75 Substituted by No. 11 of 1998, s. 15, Applied:22 May 1998] [Section 75 Substituted by No. 45 of 2001, s. 45, Applied:01 Jul 2001](1) The listing of a person on the Roll is subject to any conditions determined by the Commission and specified in the Roll in respect of that listing.(2) The conditions specified in the Roll in respect of the listing of a person may adopt wholly or in part, with or without modification and specifically or by reference, any published code, standard or other document, whether the code, standard or other document is published before or after the commencement of this section.(3) A reference in subsection (2) to a code, standard or other document is a reference to that code, standard or other document as amended from time to time.(4) The conditions specified in the Roll in respect of a listing on the Roll form part of that listing.(5) [Section 75 Subsection (5) inserted by No. 31 of 2021, s. 88, Applied:01 Jul 2023] A person who is listed on the Roll must comply with the conditions specified in the Roll in respect of that listing.Penalty: Fine not exceeding 2 500 penalty units.
75A. Removal from Roll in certain cases
[Section 75A Inserted by No. 11 of 1998, s. 15, Applied:22 May 1998] [Section 75A Substituted by No. 45 of 2001, s. 45, Applied:01 Jul 2001] The Commission may remove the name of a person from the Roll if –(a) in the case of a natural person, the person has died; or(b) in the case of a person who is not a natural person, the person is no longer in existence; or(c) the listing on the Roll has been cancelled under section 112T ; or(d) the listing on the Roll has been surrendered.
75B. Expiry and renewal of listing on Roll
[Section 75B Inserted by No. 15 of 2013, s. 8, Applied:20 Jun 2013](1) A listing on the Roll expires 5 years after it is made unless sooner removed under section 75A .(2) [Section 75B Subsection (2) omitted by No. 31 of 2021, s. 89, Applied:01 Jul 2023] . . . . . . . .(3) A person who is listed on the Roll may, within the period of 90 days before the expiration of the current listing or such longer period as is determined by the Commission, apply to the Commission for the renewal of the listing.(4) An application for renewal must –(a) be in a form approved by the Commission; and(b) contain any information and be accompanied by any documents the Commission requires; and(c) be accompanied by the prescribed fee.(5) On receipt of an application for renewal, the Commission may undertake the investigations it considers appropriate.(6) The Commission may require an applicant to pay the whole or any part of the reasonable costs of the Commission in investigating and processing the application.(7) A requirement under subsection (6) must be made in writing provided to the applicant.(8) If an application for renewal of a listing on the Roll is made under this section, the current listing continues in force until it is renewed or its renewal is refused.(9) The renewal of a listing takes effect from the day on which the current listing was due to expire.(10) The Commission must make a determination on an application for renewal of a listing in accordance with section 74 as if the application for renewal were an application for listing on the Roll.(11) If the Commission refuses to renew a listing, the listing ceases to have effect on the day specified in the refusal.
75C. Variation of listing on Roll
[Section 75C Inserted by No. 15 of 2013, s. 8, Applied:20 Jun 2013](1) The Commission may vary a listing on the Roll, or the conditions on such a listing, at any time.(2) The variation may be effected –(a) on the Commission's own motion, by notice to the person listed on the Roll; or(b) consequent on an application made by the person listed.(3) An application for variation must –(a) be in a form approved by the Commission; and(b) specify the variation sought; and(c) contain any information and be accompanied by any documents the Commission requires; and(d) be accompanied by the prescribed fee.(4) [Section 75C Subsection (4) omitted by No. 31 of 2021, s. 90, Applied:01 Jul 2023] . . . . . . . .(5) In the case of an application for variation –(a) the Commission may undertake such investigations as it considers appropriate; and(b) the Commission, by written notice to the person listed on the Roll, may require the person to pay the whole or any part of the reasonable costs of the Commission in investigating and processing the application if those costs exceed the prescribed fee.(6) In the case of an application for variation, the Commission may –(a) approve the application (with or without modification); or(b) refuse the application.
76. Payments, &c., to operator unlawful
[Section 76 Subsection (1) amended by No. 13 of 2006, s. 15, Applied:20 Sep 2006] [Section 76 Subsection (1) amended by No. 102 of 1999, s. 15, Applied:22 Dec 1999] [Section 76 Subsection (2) amended by No. 13 of 2006, s. 15, Applied:20 Sep 2006] [Section 76 Subsection (2) amended by No. 102 of 1999, s. 15, Applied:22 Dec 1999] [Section 76 Substituted by No. 31 of 2021, s. 91, Applied:01 Jul 2023](1) A person listed on the Roll, or an employee or associate of such a person, must not make, either directly or indirectly, payment to or confer a benefit on a venue operator, casino operator, keno operator, monitoring operator, ancillary gaming services provider or licensed provider unless authorised to do so under this Act.Penalty: Fine not exceeding 1 000 penalty units or imprisonment for a term of 4 years, or both.(2) A venue operator, casino operator, keno operator, monitoring operator, ancillary gaming services provider or licensed provider must not receive any benefit whatsoever from a person listed on the Roll or an employee or associate of such a person unless authorised to do so under this Act.Penalty: Fine not exceeding 1 000 penalty units or imprisonment for a term of 4 years or both.
PART 4A - Gaming and wagering under Tasmanian gaming licence
Division 1 - Lawful and unlawful activities[Division 1 Inserted by No. 102 of 1999, s. 16, Applied:22 Dec 1999]
Despite any other law, the following activities are lawful:(a) the conduct of a gaming activity in accordance with, and subject to, a Tasmanian gaming licence;(b) the advertisement and promotion, subject to this Act and a Tasmanian gaming licence, of a gaming activity;(c) participation, subject to this Act, in a gaming activity;(d) the doing of anything else required or authorised to be done under this Act.
76B. Offence to conduct gaming business without endorsed Tasmanian gaming licence
(1) In this section,game includes a major lottery, pools and a game that is a prescribed game for the purposes of the definition of "game" in section 3(1) .(2) A person must not, except under the authority of an appropriately endorsed Tasmanian gaming licence carry on in or from Tasmania a business of conducting a gaming activity.(3) For the purposes of subsection (2) , if money is placed or deposited at premises for the purpose of using the money on behalf of a person as a wager in a gaming activity, that activity is taken to be conducted at those premises.(4) Subsection (2) does not apply to –(a) a gaming activity carried on –(i) [Section 76B Subsection (4) amended by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] by a person registered as a bookmaker under the Racing Regulation Act 2004 ; and(ii) as authorised by or under that Act; and(b) a simulated game in which all wagers are returned to players, whether as prizes or otherwise; and(c) [Section 76B Subsection (4) amended by No. 45 of 2001, s. 46, Applied:01 Jul 2001] [Section 76B Subsection (4) amended by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] [Section 76B Subsection (4) amended by No. 9 of 2009, s. 6, Applied:01 Jul 2009] . . . . . . . .(d) [Section 76B Subsection (4) amended by No. 45 of 2001, s. 46, Applied:01 Jul 2001] [Section 76B Subsection (4) amended by No. 66 of 2002, s. 5, Applied:19 Dec 2002] the sale in Tasmania of tickets in a foreign game under the authority of a foreign games permit.(5) A person who supplies to the public a listed carriage service (within the meaning of the Telecommunications Act 1997 of the Commonwealth) that enables end-users to access the Internet is not guilty of an offence under subsection (2) by reason only of hosting or carrying information that is kept on a data storage device and accessed, or available for access, using that service if the person was not aware of that information.
Division 2 - Application for, and determination of, Tasmanian gaming licence[Division 2 Inserted by No. 102 of 1999, s. 16, Applied:22 Dec 1999]
76C. Application for Tasmanian gaming licence
(1) A person may apply to the Commission for a Tasmanian gaming licence.(2) An application must –(a) be in a form approved by the Commission; and(b) specify the type of each gaming endorsement with which the applicant wishes the licence, if granted, to be endorsed; and(c) contain or be accompanied by the information and documents required by the Commission; and(d) be accompanied by the application fee of 30 000 fee units.
76D. Consideration of application
(1) The Commission may refuse to process an application for a Tasmanian gaming licence if –(a) the applicant has not complied with a requirement made under section 76G ; or(b) the application does not comply with or conform to any requirement specified in section 76C(2) .(2) Except as otherwise prescribed under subsection (1) , the Commission must process an application for a Tasmanian gaming licence.
76E. Refund of application fee
The Commission, at its discretion, may refund a part not exceeding 80% of an application fee paid under section 76C(2) –(a) if the Commission refuses to process the application under section 76D(1) ; or(b) if the application is withdrawn by the applicant; or(c) for any other reason the Commission considers appropriate.
76F. Excess costs of application
(1) If the reasonable costs incurred by the Commission in investigating and processing an application for a Tasmanian gaming licence exceed the amount of the application fee paid under section 76C(2) , the Commission may require the applicant to pay the whole or part of the excess amount.(2) A requirement under subsection (1) must be made in writing provided to the applicant.
76G. Investigation of application
(1) In processing an application for a Tasmanian gaming licence, the Commission must carry out all investigations that it considers necessary and appropriate.(2) In an investigation, the Commission may take all steps, and make all inquiries, that are reasonable and appropriate.(3) In an investigation, the Commission may investigate the applicant, an associate of the applicant and any other person the Commission considers relevant to the suitability of the applicant to hold a Tasmanian gaming licence.(4) In an investigation, the Commission may require any one or more of the following persons to allow the taking of his or her photograph, palm prints and fingerprints:(a) the applicant;(b) a director, chief executive officer or other person concerned in the management of the applicant;(c) an associate of the applicant;(d) a director, chief executive officer or other person concerned in the management of an associate of the applicant;(e) any other person the Commission considers relevant to the investigation of the application.(5) In an investigation, the Commission may refer a copy of the application, any supporting documentation and any photographs, palm prints and fingerprints taken under subsection (4) to the Commissioner of Police and request an inquiry into any matter concerning the application that is specified in the request.(6) The Commissioner of Police must inquire into, and report to the Commission on, any matters concerning the application that the Commission requests under subsection (5) .(7) In an investigation, the Commission, by written notice, may require an applicant for a Tasmanian gaming licence and any associate of the applicant to do any one or more of the following:(a) to provide, in accordance with specified directions, any specified information that the Commission considers relevant to the investigation of the application;(b) to produce, in accordance with specified directions, any specified records that the Commission considers relevant to the investigation of the application and to permit examination of the records, the taking of extracts from them and the making of copies of them;(c) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b) ;(d) to provide to the Commission any authorities and consents that the Commission directs for the purpose of enabling the Commission to obtain information (including financial and other confidential information) concerning the person and the person's associates from other persons.(8) In subsection (7) ,specified means specified in the notice referred to in that subsection.(9) If a requirement made under this section is not complied with, the Commission may refuse to continue with the investigation and may refuse to process the application for the Tasmanian gaming licence.
(1) If a change occurs in the information provided in or in connection with an application for a Tasmanian gaming licence (including in any documents lodged with the application) before the application is determined, the applicant must give the Commission written particulars of the change as soon as is reasonably practicable.Penalty: Fine not exceeding 60 penalty units.(2) When particulars of the change are given, those particulars then form part of the original application.
76I. Determination of application
(1) After completing its investigation in respect of an application for a Tasmanian gaming licence, the Commission must –(a) determine the application for a Tasmanian gaming licence by either granting or refusing to grant the Tasmanian gaming licence; and(b) if the Commission determines to grant the licence, determine which gaming endorsements are to be endorsed on the licence.(2) The Commission must not grant a Tasmanian gaming licence or determine that a gaming endorsement is to be endorsed on a Tasmanian gaming licence if it is not satisfied that –(a) the applicant is a suitable person to hold a Tasmanian gaming licence or a Tasmanian gaming licence endorsed with that gaming endorsement; and(b) the applicant, if a natural person, is over the age of 18 years.(3) The Commission must not grant a Tasmanian gaming licence or determine that a gaming endorsement is to be endorsed on a Tasmanian gaming licence if the applicant has not paid the application fee required by section 76C and any costs the applicant has been required to pay under section 76F .(3A) [Section 76I Subsection (3A) inserted by No. 31 of 2021, s. 9, Applied:16 Dec 2021] The Commission must not determine that a simulated racing event endorsement is to be endorsed on a Tasmanian gaming licence unless the Commission also determines that a totalizator endorsement is to be endorsed on the licence.(4) On determining an application, the Commission must give written notice to the applicant of its determinations.
76J. Suitability of person to hold a Tasmanian gaming licence
In deciding whether a person is suitable to hold a Tasmanian gaming licence or to have a gaming business under a particular gaming endorsement, the Commission may have regard to the following matters:(a) the applicant's character, honesty, integrity and business reputation;(b) the applicant's current financial position and financial background;(c) if the applicant is not a natural person, whether the applicant has, or has arranged, a satisfactory ownership, trust or corporate structure;(d) that the applicant has, or has access to, the technical ability and resources to conduct gaming activities generally and, in particular, gaming activities of a kind to be conducted under that endorsement;(e) that each associate of the applicant is a suitable person to be associated with a gaming activity or gaming business generally and, in particular, a gaming activity or gaming business of a kind to be carried on under that gaming endorsement;(f) anything else prescribed by the regulations;(g) anything else the Commission considers relevant.
76K. Suitability of associates
In deciding whether an associate of an applicant for a Tasmanian gaming licence is a suitable person to be associated with a gaming activity or a gaming business, the Commission may have regard to the following matters:(a) the associate's character, honesty, integrity and business reputation;(b) the associate's current financial position and financial background;(c) if the associate has a business association with another person –(i) the other person's character, honesty, integrity and business reputation; and(ii) the other person's current financial position and financial background;(d) anything else prescribed by the regulations;(e) anything else the Commission considers relevant.
76L. Issue of Tasmanian gaming licence
On the grant of an application for a Tasmanian gaming licence, the Commission must issue to the applicant a Tasmanian gaming licence endorsed with those gaming endorsements that the Commission has determined under section 76I(1) are to be endorsed on the licence.
76M. Form of Tasmanian gaming licence
(1) A Tasmanian gaming licence must be endorsed with at least one gaming endorsement.(2) A gaming endorsement endorsed on a Tasmanian gaming licence forms part of the Tasmanian gaming licence.(3) A gaming endorsement is endorsed on a Tasmanian gaming licence if it –(a) appears within the content of the licence; or(b) is stamped or noted on the licence; or(c) is attached to the licence.
76N. Form of gaming endorsement
(1) [Section 76N Subsection (1) amended by No. 9 of 2009, s. 7, Applied:01 Jul 2009] Each gaming endorsement endorsed on a Tasmanian gaming licence must specify the approved location in which the licensed provider may undertake the activities authorised by the endorsement.(2) [Section 76N Subsection (2) amended by No. 31 of 2021, s. 92, Applied:01 Jul 2023] Premises in respect of which a venue licence is in force may not be specified in a simulated gaming endorsement for the purposes of subsection (1) .
Division 3 - Application for, and determination of, new gaming endorsement[Division 3 Inserted by No. 102 of 1999, s. 16, Applied:22 Dec 1999]
76O. Application for new gaming endorsement
(1) A licensed provider may apply to the Commission for a gaming endorsement of a type not already endorsed on the provider's Tasmanian gaming licence.(2) An application must –(a) be in a form approved by the Commission; and(b) specify the type of gaming endorsement being applied for; and(c) contain or be accompanied by the information and documents required by the Commission.(3) [Section 76O Subsection (3) inserted by No. 31 of 2021, s. 10, Applied:16 Dec 2021] A licensed provider may only apply for a simulated racing event endorsement if –(a) the provider's Tasmanian gaming licence is endorsed with a totalizator endorsement; or(b) the licensed provider is also applying for a totalizator endorsement.
76P. Investigation, processing and determination of application for new gaming endorsement
[Section 76P Substituted by No. 31 of 2021, s. 11, Applied:16 Dec 2021](1) Sections 76D , 76G , 76H , 76I , 76J and 76K apply, with necessary modification and adaptation, in respect of the investigation, processing and determination of an application for a new gaming endorsement made under section 76O .(2) The Commission must not grant an application for a simulated racing event endorsement to be endorsed on a Tasmanian gaming licence unless –(a) the licence is endorsed with a totalizator endorsement; or(b) the Commission also grants an application for a totalizator endorsement to be endorsed on the licence.
76Q. Costs of processing application for new gaming endorsement
(1) The Commission may require an applicant for a new gaming endorsement to pay the whole or any part of the reasonable costs of the Commission in investigating and processing the application.(2) A requirement under subsection (1) must be made in writing provided to the applicant.
76R. Endorsing Tasmanian gaming licence with new gaming endorsement
(1) On the grant of an application for a new gaming endorsement, the Commission –(a) must require the licensed provider to provide the Tasmanian gaming licence to the Commission; and(b) must, as soon as practicable after receiving the licence, either –(i) endorse the licence with that gaming endorsement and return it to the licensed provider; or(ii) [Section 76R Subsection (1) amended by No. 9 of 2009, s. 8, Applied:01 Jul 2009] issue to the licensed provider a replacement Tasmanian gaming licence endorsed with that gaming endorsement and all gaming endorsements that were on the Tasmanian gaming licence provided to the Commission as required under paragraph (a) .(2) A new gaming endorsement takes effect on the day it is granted or on a later day determined by the Commission and specified in it.(3) If a new gaming endorsement specifies that it is to take effect on a day other than the day it is granted, the date on which it takes effect may be specified by reference to –(a) a date; or(b) the occurrence of an event; or(c) the fulfilment of a condition; or(d) any other matter the Commission considers appropriate.
Division 4 - Tasmanian gaming licence[Division 4 Inserted by No. 102 of 1999, s. 16, Applied:22 Dec 1999]
76S. Authority of Tasmanian gaming licence with sports betting endorsement
A Tasmanian gaming licence endorsed with a sports betting endorsement authorises the licensed provider, subject to this Act and any conditions to which the Tasmanian gaming licence is subject, to do such of the following activities as are specified in the endorsement:(aa) [Section 76S Amended by No. 9 of 2009, s. 9, Applied:01 Jul 2009] to conduct sports betting;(a) to accept wagers in respect of approved sports events by way of a telecommunications device situated in an approved location;(b) [Section 76S Amended by No. 66 of 2002, s. 6, Applied:19 Dec 2002] [Section 76S Amended by No. 9 of 2009, s. 9, Applied:01 Jul 2009] to accept wagers in respect of approved sports events with persons who are physically present at the event or an approved location;(c) to do all things necessarily incidental to carrying on the activities specified in the endorsement.
76T. Authority of Tasmanian gaming licence with race wagering endorsement
[Section 76T Substituted by No. 9 of 2009, s. 10, Applied:01 Jul 2009] A Tasmanian gaming licence endorsed with a race wagering endorsement authorises the licensed provider, subject to this Act and any conditions to which the Tasmanian gaming licence is subject –(a) to conduct race wagering; and(b) to accept wagers on race wagering events by way of a telecommunications device situated in an approved location; and(c) to accept wagers on race wagering events from persons who are physically present at an approved location; and(d) to do all things necessarily incidental to carrying on the activities referred to in paragraphs (a) , (b) and (c) .
76U. Authority of Tasmanian gaming licence with simulated gaming endorsement
A Tasmanian gaming licence endorsed with a simulated gaming endorsement authorises the licensed provider, subject to this Act and any conditions to which the Tasmanian gaming licence is subject –(a) to conduct simulated games by way of a telecommunications device situated at an approved location; and(b) [Section 76U Amended by No. 66 of 2002, s. 7, Applied:19 Dec 2002] to accept by way of a telecommunications device wagers in respect of simulated games conducted by the licensed provider in Tasmania; and(c) to do all things necessarily incidental to carrying on the activities referred to in paragraphs (a) and (b) .
76UA. Authority of Tasmanian gaming licence with simulated racing event endorsement
[Section 76UA Inserted by No. 31 of 2021, s. 12, Applied:16 Dec 2021] A Tasmanian gaming licence endorsed with a simulated racing event endorsement authorises the licensed provider, subject to this Act and any conditions to which the Tasmanian gaming licence is subject –(a) to conduct simulated racing events from an approved location; and(b) to accept wagers in respect of the simulated racing events from persons who are physically present at an approved outlet; and(c) to do all things necessarily incidental to carrying on the activities referred to in paragraphs (a) and (b) .
76V. Authority of Tasmanian gaming licence with major lottery endorsement
A Tasmanian gaming licence endorsed with a major lottery endorsement authorises the licensed provider, subject to this Act and any conditions to which the Tasmanian gaming licence is subject, to do such of the following activities as are specified in the endorsement:(a) to conduct major lotteries from an approved location;(b) [Section 76V Amended by No. 66 of 2002, s. 8, Applied:19 Dec 2002] on personal application at an approved location, to sell tickets in major lotteries conducted by the licensed provider in Tasmania;(c) [Section 76V Amended by No. 66 of 2002, s. 8, Applied:19 Dec 2002] by post or a telecommunications device, to sell tickets in major lotteries conducted by the licensed provider in Tasmania;(d) [Section 76V Amended by No. 66 of 2002, s. 8, Applied:19 Dec 2002] to conduct pools in Tasmania;(e) [Section 76V Amended by No. 66 of 2002, s. 8, Applied:19 Dec 2002] to accept wagers in pools conducted by the licensed provider in Tasmania;(f) [Section 76V Amended by No. 9 of 2009, s. 11, Applied:01 Jul 2009] to do all things necessarily incidental to carrying on the activities referred to in paragraphs (a) , (b) , (c) , (d) and (e) .
76VA. Authority of Tasmanian gaming licence with betting exchange endorsement
[Section 76VA Inserted by No. 53 of 2005, s. 5, Applied:01 Dec 2005] A Tasmanian gaming licence endorsed with a betting exchange endorsement authorises the licensed provider, subject to this Act and any conditions to which the Tasmanian gaming licence is subject, to –(a) operate a betting exchange by way of a telecommunications device; and(b) broker wagering through that betting exchange; and(c) do all things necessarily incidental to carrying on the activities referred to in paragraphs (a) and (b) .
76VB. Authority of Tasmanian gaming licence with totalizator endorsement
[Section 76VB Inserted by No. 9 of 2009, s. 12, Applied:01 Jul 2009] A Tasmanian gaming licence endorsed with a totalizator endorsement authorises the licensed provider, subject to this Act and any conditions to which the Tasmanian gaming licence is subject –(a) to conduct totalizators in respect of race wagering events and approved sports events; and(b) to accept totalizator wagers by way of a telecommunications device situated in an approved location; and(c) to accept totalizator wagers from persons who are physically present at an approved outlet; and(d) to do all things necessarily incidental to carrying on the activities referred to in paragraphs (a) , (b) and (c) .
76VC. Authority of Tasmanian gaming licence with agent endorsement
[Section 76VC Inserted by No. 9 of 2009, s. 12, Applied:01 Jul 2009][Section 76W Substituted by No. 9 of 2009, s. 13, Applied:01 Jul 2009] [Section 76W Repealed by No. 15 of 2013, s. 9, Applied:20 Jun 2013] . . . . . . . .(1) A Tasmanian gaming licence endorsed with an agent endorsement authorises the licensed provider, subject to this Act and any conditions to which the Tasmanian gaming licence is subject –(a) to enter into and participate in arrangements with unrelated gaming or wagering providers under which the licensed provider may –(i) provide electronic portals to gaming or wagering products of those providers; and(ii) accept wagers on behalf of those providers; and(iii) receive, in return, fees, commissions or other financial benefits; and(b) to do all things necessary or convenient to execute any such arrangement.(2) To avoid doubt, an agent endorsement does not, of itself, authorise the holder of the endorsement to conduct a gaming activity.(3) For the purposes of this section, a gaming or wagering provider is taken to be unrelated to a licensed provider if –(a) the gaming or wagering provider is not based in Tasmania; and(b) the gaming or wagering provider –(i) is not, in the case of an Australian company, a related body corporate; or(ii) would not, in the case of a foreign company, be a related body corporate if the company were incorporated under Australian law.(4) The Commission, by written notice, may direct a licensed provider to terminate, temporarily suspend or not enter into a particular arrangement under an agent endorsement if it considers on reasonable grounds that the unrelated gaming or wagering provider is not or might not be a suitable person for the holder of a Tasmanian gaming licence to be associated with.(5) In issuing a direction, the Commission is, as far as practicable, to mitigate the potential contractual and other liabilities of the licensed provider.(6) Without prejudice to Division 6 of Part 5 , a failure to comply with a direction under this section constitutes grounds for disciplinary action under that Division in relation to the relevant prescribed licence.(7) In this section –Australian company means a company within the meaning of the Corporations Act;foreign company has the same meaning as in the Corporations Act;related body corporate has the same meaning as in the Corporations Act.
76X. Tasmanian gaming licence subject to conditions
(1) A Tasmanian gaming licence is subject to any conditions determined by the Commission and specified in, or attached to, it.(2) Without limiting the matters to which conditions may relate, the conditions of a Tasmanian gaming licence may relate to any matter for which provision is made by this Act but must not be inconsistent with a provision of this Act.(3) Without limiting the matters to which conditions may relate, the conditions of a Tasmanian gaming licence may relate to any one or more of the following matters:(a) approval of premises and facilities;(b) the security of gaming equipment;(c) approval of an electronic monitoring system;(d) the keeping of records and financial statements;(e) the holding of funds on behalf of players;(f) the provision of reports;(g) prizes.(4) The conditions specified in, or attached to, a Tasmanian gaming licence may adopt wholly or in part, with or without modification and specifically or by reference, any published code, standard or other document, whether the code, standard or other document is published before or after the commencement of this section.(5) A reference in subsection (4) to a code, standard or other document is a reference to that code, standard or other document as amended from time to time.(6) The conditions specified in, or attached to, a Tasmanian gaming licence form part of the Tasmanian gaming licence.
76XA. Additional conditions on Tasmanian gaming licence with gaming endorsement
[Section 76XA Inserted by No. 14 of 2010, s. 5, Applied:28 Sep 2010](1) A Tasmanian gaming licence with a gaming endorsement, in addition to any other conditions in respect of it, is subject to the following general conditions:(a) the wagering funds of registered players must not be disbursed or otherwise dealt with except as authorised –(i) under the Act; or(ii) by the Commission, from time to time, by instrument in writing;(b) the licensed provider must have rules in place in respect of a gaming activity and must ensure that players can consult those rules electronically;(c) the licensed provider must ensure that the Commission is able to inspect the rules electronically at any time;(d) the Commission, in its discretion, may, by means of an instruction, disallow any rules that it considers to be –(i) oppressive or unfair; or(ii) inadequate or incomplete; or(iii) misleading, inaccurate or poorly drafted; or(iv) unsatisfactory on other grounds;(e) the licensed provider must not allow gaming activity under rules that have been disallowed;(f) the licensed provider must not allow gaming activity in respect of a contingency for which there are no rules;(g) any gaming activity that occurs under rules before their disallowance under paragraph (d) is to be settled as the Commission, either generally or in the specific case and whether before or after the settlement of a gaming activity, instructs;(h) the Commission, in its discretion, may instruct the licensed provider not to allow gaming activity on a competition, game or event that the Commission considers is not a fit subject for gaming or wagering and the licensed provider must comply with that instruction;(i) any gaming activity that occurs in respect of competitions, games or events before their prohibition under paragraph (h) is to be settled as the Commission, either generally or in the specific case and whether before or after the settlement of gaming or wagering, instructs;(j) the licensed provider must not allow gaming activity on contingencies relating to –(i) competitions, games or events held in Tasmania that are unlawful; or(ii) competitions, games or events held elsewhere that would, if they were to be held in Tasmania, be unlawful;(k) the licensed provider must furnish such regulatory Agencies, with such information in such time and manner, as the Commission from time to time instructs the licensed provider, for –(i) the purpose of ensuring the probity of a gaming activity; and(ii) other purposes as determined by the Commission;(l) the Commission may, for fee or otherwise, furnish another regulatory Agency with information furnished to the Commission by the licensed provider for –(i) the purpose of ensuring the probity of a gaming activity; and(ii) other purposes as determined by the Commission.(2) For the purposes of subsection (1)(a) , an account used for the operations of the licensed provider must –(a) not be used for any other purpose; and(b) be maintained with an authorised deposit-taking institution that carries on business in Australia, at a branch or office of that institution that is physically located in Tasmania; and(c) be independently audited at least once every 12 months and at such other times as the Commission may instruct.(3) A licensed provider must not allow a registered player to lay bet otherwise than in accordance with a betting exchange endorsement.
76XB. Additional conditions on Tasmanian gaming licence with betting exchange endorsement
[Section 76XB Inserted by No. 14 of 2010, s. 5, Applied:28 Sep 2010] A Tasmanian gaming licence with a betting exchange endorsement, in addition to any other conditions in respect of it, is subject to the following special conditions:(a) the licensed provider must only broker wagering for registered players;(b) the wagering funds of registered players are to be held in trust by the licensed provider (or by an agent of the licensed provider approved by the Commission);(c) the licensed provider must, in taking any betting exchange commission authorised under section 76ZDD , comply with such conditions as the Commission specifies in the authorisation.
76XC. Additional conditions on Tasmanian gaming licence with totalizator endorsement
[Section 76XC Inserted by No. 14 of 2010, s. 5, Applied:28 Sep 2010] A Tasmanian gaming licence with a totalizator endorsement, in addition to any prescribed requirements or other conditions in respect of it, is subject to the condition that at the request of a racing club the licensed provider must conduct a totalizator on behalf of the racing club at any meeting that –but not beyond, in aggregate, a total of 40 meetings in each calendar year for all racing clubs.(a) is under the control of the racing club; and(b) is a race meeting or betting-only meeting within the meaning of the Racing Regulation Act 2004 –
76Y. When Tasmanian gaming licence and gaming endorsement take effect
(1) A Tasmanian gaming licence takes effect on the day it is granted or on a later day determined by the Commission and specified in it.(2) A gaming endorsement endorsed on a newly granted Tasmanian gaming licence takes effect on the day the Tasmanian gaming licence takes effect or on a later day determined by the Commission and specified in the gaming endorsement.(3) If a Tasmanian gaming licence or gaming endorsement specifies that it is to take effect on a day other than the day the licence is granted, the date on which the licence or endorsement takes effect may be specified by reference to –(a) a date; or(b) the occurrence of an event; or(c) the fulfilment of a condition; or(d) any other matter the Commission considers appropriate.(4) [Section 76Y Subsection (4) inserted by No. 15 of 2013, s. 10, Applied:20 Jun 2013] Where a Tasmanian gaming licence or gaming endorsement does not take effect within 12 months of being granted, the licence or gaming endorsement expires, unless the Commission determines otherwise.
76Z. Period of Tasmanian gaming licence
[Section 76Z Amended by No. 9 of 2009, s. 14, Applied:01 Jul 2009] Except as otherwise expressly provided by this Act, a Tasmanian gaming licence has effect for the period, not exceeding 5 years, specified in it.
76ZA. Tasmanian gaming licence not transferable
[Section 76ZA Amended by No. 9 of 2009, s. 15, Applied:01 Jul 2009] Except as otherwise expressly provided by this Act, a Tasmanian gaming licence is not transferable to any other person.
76ZB. Variation of Tasmanian gaming licence, &c.
[Section 76ZB Substituted by No. 9 of 2009, s. 16, Applied:01 Jul 2009](1) The Commission may vary a Tasmanian gaming licence at any time.(2) The variation may be effected –(a) on the Commission's own motion, by notice to the licensed provider; or(b) consequent on an application made by the licensed provider.(3) An application for variation must –(a) be in a form approved by the Commission; and(b) specify the variation sought; and(c) contain any information and be accompanied by any documents the Commission requires; and(d) be accompanied by the prescribed fee.(4) [Section 76ZB Subsection (4) omitted by No. 31 of 2021, s. 93, Applied:01 Jul 2023] . . . . . . . .(5) In the case of an application for variation –(a) the Commission may undertake such investigations as it considers appropriate; and(b) section 76G applies in respect of those investigations; and(c) the Commission, by written notice to the licensed provider, may require the licensed provider to pay the whole or any part of the reasonable costs of the Commission in investigating and processing the application if those costs exceed the prescribed fee.(6) In the case of an application for variation, the Commission may –(a) approve the application (with or without modification); or(b) refuse the application.(7) If the Commission varies a Tasmanian gaming licence it may do so by varying the existing Tasmanian gaming licence or by issuing a replacement Tasmanian gaming licence.(8) To avoid doubt, the Commission may not, under this section, reduce or extend the period that any Tasmanian gaming licence is in effect.(9) In this section –vary, a Tasmanian gaming licence, includes but is not limited to doing any or any combination of the following in respect of the licence:(a) adding a condition;(b) omitting a condition;(c) altering a condition;(d) altering the conditions of an endorsement;(e) correcting or updating names, addresses, dates or other particulars.
76ZC. Renewal of Tasmanian gaming licence
[Section 76ZD Repealed by No. 45 of 2001, s. 47, Applied:01 Jul 2001] . . . . . . . . [Section 76ZE Repealed by No. 45 of 2001, s. 47, Applied:01 Jul 2001] . . . . . . . . [Section 76ZF Repealed by No. 45 of 2001, s. 48, Applied:01 Jul 2001] . . . . . . . . [Section 76ZG Repealed by No. 45 of 2001, s. 48, Applied:01 Jul 2001] . . . . . . . .(1) A licensed provider may, within the period of 90 days before the expiration of the current Tasmanian gaming licence or such longer period as is determined by the Commission, apply to the Commission for the renewal of the licence.(2) An application for renewal must –(a) be in a form approved by the Commission; and(b) contain any information and be accompanied by any documents the Commission requires.(3) On receipt of an application for renewal, the Commission may undertake the investigations it considers appropriate.(4) Sections 76D , 76G , 76H , 76I , 76J , 76K and 76L apply, with necessary modification and adaptation, in respect of the investigation, processing and determination of an application for the renewal of a Tasmanian gaming licence and the issue of the renewed Tasmanian gaming licence.(5) The Commission may require an applicant to pay the whole or any part of the reasonable costs of the Commission in investigating and processing the application.(6) A requirement under subsection (5) must be made in writing provided to the applicant.(7) If an application for renewal of a Tasmanian gaming licence is made under this section, the current Tasmanian gaming licence continues in force until it is renewed or its renewal is refused.(8) The renewal of a Tasmanian gaming licence takes effect from the day on which the current licence was due to expire.(9) If the Commission refuses to renew a Tasmanian gaming licence, the Tasmanian gaming licence ceases to have effect on the day specified in the refusal.(10) [Section 76ZC Subsection (10) inserted by No. 9 of 2009, s. 17, Applied:01 Jul 2009] The Commission is not entitled to refuse to renew the Tasmanian gaming licence endorsed with the second totalizator endorsement unless satisfied that the licensed provider –(a) is in breach of the licence or the endorsement; or(b) is not a suitable person to hold a Tasmanian gaming licence or gaming endorsement; or(c) an associate of the licensed provider is not a suitable person to be an associate of a licensed provider.
Division 5 - Betting exchange operations[Division 5 Inserted by No. 102 of 1999, s. 16, Applied:22 Dec 1999] [Division 5 of Part 4A Repealed by No. 45 of 2001, s. 48, Applied:01 Jul 2001] [Division 5 of Part 4A Inserted by No. 53 of 2005, s. 6, Applied:01 Dec 2005]
Subdivision 1 - Introductory[Subdivision 1 of Division 5 of Part 4A Inserted by No. 53 of 2005, s. 6, Applied:01 Dec 2005]
76ZDA. Application of Division
[Section 76ZDA Inserted by No. 53 of 2005, s. 6, Applied:01 Dec 2005] This Division applies to a Tasmanian gaming licence with a betting exchange endorsement.
76ZDB. Interpretation of Division
[Section 76ZDB Inserted by No. 53 of 2005, s. 6, Applied:01 Dec 2005] In this Division –approved form means a form approved by the Commission;betting exchange means a facility that enables persons to –[Section 76ZDB Amended by No. 14 of 2010, s. 6, Applied:28 Sep 2010] [Section 76ZDB Amended by No. 9 of 2009, s. 18, Applied:01 Jul 2009](a) place or accept, through the betting exchange operator, wagers with other persons; or(b) place with the betting exchange operator wagers that, on acceptance, are matched with opposing wagers placed with and accepted by the operator (so as to offset all risk to the operator);betting exchange operator means the holder of a Tasmanian gaming licence with a betting exchange endorsement;[Section 76ZDB Amended by No. 14 of 2010, s. 6, Applied:28 Sep 2010] [Section 76ZDB Amended by No. 9 of 2009, s. 18, Applied:01 Jul 2009] [Section 76ZDB Amended by No. 14 of 2010, s. 6, Applied:28 Sep 2010]lead-in period, in relation to a betting exchange operator, means the 12-month period immediately following the date on which the operator's Tasmanian gaming licence is first endorsed with a betting exchange endorsement;[Section 76ZDB Amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] [Section 76ZDB Amended by No. 14 of 2010, s. 6, Applied:28 Sep 2010][Section 76ZDB Amended by No. 14 of 2010, s. 6, Applied:28 Sep 2010] Tasmanian betting exchange operations, of a betting exchange operator, means the brokered wagering conducted under the operator's betting exchange endorsement.
Subdivision 2 - Licensing provisions[Subdivision 2 of Division 5 of Part 4A Inserted by No. 53 of 2005, s. 6, Applied:01 Dec 2005] [Section 76ZDC Inserted by No. 53 of 2005, s. 6, Applied:01 Dec 2005] [Section 76ZDC Repealed by No. 14 of 2010, s. 7, Applied:28 Sep 2010] . . . . . . . .
76ZDD. Betting exchange commission
[Section 76ZDD Inserted by No. 53 of 2005, s. 6, Applied:01 Dec 2005](1) A Tasmanian gaming licence with a betting exchange endorsement entitles its holder to such commission in respect of brokered wagering as the Commission from time to time authorises in writing.(2) Authorisations under subsection (1) may be of –(a) general application; or(b) specific application, with the result that different rates of commission may apply in such different circumstances (whether as to time, wagering category or otherwise) as are specified in the authorisations.
Subdivision 3 - Licensing of employees[Subdivision 3 of Division 5 of Part 4A Inserted by No. 53 of 2005, s. 6, Applied:01 Dec 2005]
76ZDE. Certain employees to be issued with special employee's licence
[Section 76ZDE Inserted by No. 53 of 2005, s. 6, Applied:01 Dec 2005](1) This section applies to a person who is employed by a betting exchange operator during the lead-in period to exercise or perform a function (referred to in this section as "the function") of a special employee for the operator's Tasmanian betting exchange operations.(2) The Commission, as soon as practicable after the commencement of the lead-in period or, if applicable, after the person is employed, is to issue the person with a special employee's licence under Division 3 of Part 4 authorising the person to exercise or perform the function.(3) The special employee's licence so issued remains in force only for the duration of the lead-in period but, for the avoidance of doubt, sections 56 , 56A , 60 , 64 and 65 apply to that licence.(4) Until the Commission issues the special employee's licence, the person is taken to be the holder of a provisional special employee's licence under Division 3 of Part 4 authorising the person to exercise or perform the function.(5) Expressions that are defined in Division 3 of Part 4 and used in this section have the same meaning in this section as they have in that Division.
76ZDF. Certain employees to be issued with technician's licence
[Section 76ZDF Inserted by No. 53 of 2005, s. 6, Applied:01 Dec 2005](1) This section applies to a person who is employed by a betting exchange operator during the lead-in period to exercise or perform a function of a technician (referred to in this section as "the function") for the operator's Tasmanian betting exchange operations.(2) The Commission, as soon as practicable after the start of the lead-in period or, if applicable, after the person is employed, is to issue the person with a technician's licence under Division 4 of Part 4 authorising the person to exercise or perform the function.(3) The technician's licence so issued remains in force only until the end of the lead-in period but, for the avoidance of doubt, sections 56 , 56A , 60 , 64 and 65 apply, with any necessary modification, to that licence.(4) Until the Commission issues the technician's licence, the person is taken to be the holder of a provisional technician's licence under Division 4 of Part 4 authorising the person to exercise or perform the function.(5) Expressions that are defined in Division 4 of Part 4 and used in this section have the same meaning in this section as they have in that Division.
Subdivision 4 - Miscellaneous[Subdivision 4 of Division 5 of Part 4A Inserted by No. 53 of 2005, s. 6, Applied:01 Dec 2005]
76ZDG. Offshore computer equipment
[Section 76ZDG Inserted by No. 53 of 2005, s. 6, Applied:01 Dec 2005][Section 76ZDH Inserted by No. 53 of 2005, s. 6, Applied:01 Dec 2005] [Section 76ZDH Repealed by No. 9 of 2009, s. 19, Applied:01 Jul 2009] . . . . . . . . [Section 76ZDI Inserted by No. 53 of 2005, s. 6, Applied:01 Dec 2005] [Section 76ZDI Repealed by No. 9 of 2009, s. 19, Applied:01 Jul 2009] . . . . . . . . [Section 76ZDJ Inserted by No. 53 of 2005, s. 6, Applied:01 Dec 2005] [Section 76ZDJ Repealed by No. 9 of 2009, s. 19, Applied:01 Jul 2009] . . . . . . . . [Section 76ZDK Inserted by No. 53 of 2005, s. 6, Applied:01 Dec 2005] [Section 76ZDK Repealed by No. 9 of 2009, s. 19, Applied:01 Jul 2009] . . . . . . . .(1) A betting exchange operator may, with the written approval of the Commission, use offshore computer equipment for Tasmanian betting exchange operations.(2) A betting exchange operator who uses offshore computer equipment for Tasmanian betting exchange operations pursuant to a permission under subsection (1) must comply with such instructions as the Commission may from time to time give the betting exchange operator regarding that computer equipment and its use.Penalty: Fine not exceeding 10 000 penalty units.(3) In this section –computer equipment includes a class of computer equipment;offshore computer equipment means a computer, computer server or other computer equipment located outside Tasmania.
Subdivision 5 - Offences[Subdivision 5 of Division 5 of Part 4A Inserted by No. 53 of 2005, s. 6, Applied:01 Dec 2005]
76ZDL. Restrictions on brokered wagering
[Section 76ZDL Inserted by No. 53 of 2005, s. 6, Applied:01 Dec 2005] A betting exchange operator must not –(a) broker wagering by or between persons who are not registered players; or(b) cause or allow persons who are not registered players to engage in wagering through a betting exchange operated by the betting exchange operator; or(c) [Section 76ZDL Amended by No. 9 of 2009, s. 20, Applied:01 Jul 2009] solicit, by direct advertising, direct inducements or other direct means, excluded persons within the meaning of Subdivision 2 of Division 7 to engage in wagering through a betting exchange.
76ZDM. Restrictions on wagering by interested persons
[Section 76ZDM Inserted by No. 53 of 2005, s. 6, Applied:01 Dec 2005](1) A person must not wager through a betting exchange if the person is a direct participant in the brokered wagering event to which the wager relates.Penalty: Fine not exceeding 10 000 penalty units or imprisonment for a term not exceeding 4 years, or both.(2) A person who has an interest in the outcome of a brokered wagering event must not, through a betting exchange, place or accept a wager of a kind that could reasonably be taken to constitute an inducement for –(a) a human competitor in the event –(i) to withdraw from, become disqualified for or fail to participate in the event; or(ii) not to participate in the event to the best of the human competitor's ability; or(iii) to interfere with or jeopardise, contrary to the rules of the event, the performance of other human competitors, or any non-human competitors, in the event; or(iv) to commit an offence against section 165 ; or(b) an official in the event –(i) not to officiate in the event impartially; or(ii) to commit an offence against section 165 .Penalty: Fine not exceeding 10 000 penalty units or imprisonment for a term not exceeding 4 years, or both.(3) The owner of a horse or greyhound must not wager through a betting exchange that, in a race or event in which the horse or greyhound is competing or entered to compete, the horse or greyhound will fail to –(a) win first place; or(b) be placed second; or(c) be placed third; or(d) win first place or be placed second or third; or(e) win first place or be placed second; or(f) win first place or be placed third; or(g) be placed second or third.Penalty: Fine not exceeding 10 000 penalty units or imprisonment for a term not exceeding 4 years, or both.(4) A betting exchange operator must inform the Commission immediately if the operator knows or reasonably suspects that a person has placed or accepted, or is trying to place or accept, a wager of the kind referred to in subsection (1) , (2) or (3) through the operator's betting exchange.Penalty: Fine not exceeding 10 000 penalty units.(5) For the purposes of this section, a person is taken to have an interest in the outcome of a brokered wagering event if the person is –(a) a direct or indirect participant in the event; or(b) an associate of a direct or indirect participant in the event.(6) For the purposes of this section, a person is another person's associate if the first-mentioned person –(a) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in right of the first-mentioned person or on behalf of any other person) in a business of the other person, and by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the management or operation of that business; or(b) holds or will hold any relevant position (whether in right of the first-mentioned person or on behalf of any other person) in a business of the other person; or(c) is a relative of the other person.(7) In this section –competitor includes, in the case of a horse race, a jockey or driver of a horse competing or entered to compete in the race;direct participant, in a brokered wagering event, means –(a) in the case of a horse race, a licensed person who trains, rides or drives, or performs another function in respect of, a horse in the race; or(b) in the case of a greyhound race, a licensed person who, other than as an owner, trains, or performs another function in respect of, a greyhound in the race; or(c) in any other case, a person who –(i) competes in the event; or(ii) is entitled, under the rules of the event, to give direct technical or logistical support to a person competing in the event while it is underway;
Example 1 The members of pit crews in a motor race give direct technical and logistical support to the drivers competing in that race.
indirect participant, in a brokered wagering event, means a person who, though not a direct participant in the event, is capable of influencing or deciding the outcome of the event or the outcome of a contingency relating to that event;
Example 2 A team doctor or physiotherapist, a sportsground curator, an official, a member of a tribunal that hears protests or appeals concerning rules, disqualifications or results.
licensed means licensed or registered under –(a) the Rules of Racing within the meaning of the Racing Regulation Act 2004 ; or(b) rules in force in another State, or in a Territory, that are equivalent or substantially equivalent to the rules referred to in paragraph (a) ;official includes marshal, scorer, steward, time-keeper and umpire;partner means the person with whom a person is in a personal relationship within the meaning of the Relationships Act 2003 ;relative means spouse, partner, parent, child or sibling (whether of the full or half blood);relevant financial interest, in relation to a business, means –(a) any share in the capital of the business; or(b) any entitlement to receive any income derived from the business;relevant position, in relation to a business, means the position of director, manager or other executive position or secretary, however that position is designated in that business;relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others –(a) to participate in a directorial, managerial or executive decision; or(b) to elect or appoint any person to any relevant position.(8) The examples in subsection (7) are a part of the law.
Division 5A - Totalizator operations
Subdivision 1 - Introductory[Subdivision 1 of Part 4A Inserted by No. 9 of 2009, s. 21, Applied:01 Jul 2009]
76ZEA. Application of Division
This Division applies to a Tasmanian gaming licence with a totalizator endorsement.
76ZEB. Interpretation of Division
In this Division –initial totalizator endorsement means the totalizator endorsement referred to in section 76ZED(1) ;lead-in period means –(a) in respect of the initial totalizator endorsement, the 12-month period commencing on the totalizator changeover day; and(b) in respect of the second totalizator endorsement, the 12-month period commencing on the day on which that endorsement takes effect;second totalizator endorsement means the first totalizator endorsement placed on a Tasmanian gaming licence after a terminating event occurs;subsisting business agreement means a business agreement or arrangement in force under section 57EA , 57F or 57FA of the Racing (Totalizator Betting) Act 1952 immediately before the totalizator changeover day;terminating event means a terminating event within the meaning of section 76ZED ;[Section 76ZEB Amended by No. 14 of 2010, s. 8, Applied:28 Sep 2010] totalizator changeover day means the day on which the Gaming Control Amendment Act 2009 commences.[Section 76ZEB Amended by No. 14 of 2010, s. 8, Applied:28 Sep 2010]
Subdivision 2 - Licensing arrangements[Subdivision 2 of Part 4A Inserted by No. 9 of 2009, s. 21, Applied:01 Jul 2009]
(1) In exercising its powers under this Act, the Commission is to ensure that no more than one totalizator endorsement is in effect at any given time.(2) If the Commission grants a totalizator endorsement to any person in the expectation that an existing totalizator endorsement is for any reason ceasing to have effect, the totalizator endorsement so granted is not capable of taking effect before the existing totalizator endorsement actually ceases to have effect.(3) Subsections (1) and (2) cease to apply –whichever first occurs.(a) 15 years after a terminating event occurs; or(b) when the second totalizator endorsement ceases, for any reason, to have effect –(4) The following conduct is authorised for the purposes of the Trade Practices Act 1974 of the Commonwealth and the Competition Policy Reform (Tasmania) Act 1996 :(a) the grant of a Tasmanian gaming licence with a totalizator endorsement pursuant to section 76I ;(b) the imposition of any endorsement or condition on a licence referred to in paragraph (a) ;(c) any conduct authorised, required or permitted by or under the terms of a licence or endorsement referred to in paragraph (a) or (b) ;(d) the making or execution of any proposed arrangement that, in the opinion of the Minister, is associated with or necessary or convenient for giving effect to a licence, endorsement or condition referred to in this section.
76ZED. Initial totalizator endorsement
(1) On the totalizator changeover day, TOTE Tasmania is, without further authority than this section, taken to have been granted a Tasmanian gaming licence (referred to in this section as "the transitional licence") with the following endorsements:(a) a totalizator endorsement;(b) an agent endorsement;(c) a race wagering endorsement;(d) a sports betting endorsement.(2) Despite section 76ZA , TOTE Tasmania may transfer the transitional licence at any time if the transfer –(a) is to a TOTE subsidiary that is, within the meaning of the Corporations Act, a wholly-owned subsidiary of TOTE Tasmania; and(b) has the Minister's written approval; and(c) is effected on and in accordance with the conditions, if any, of that approval.(3) Despite section 76Z , the transitional licence (including the initial totalizator endorsement and other endorsements) continues in effect under and subject to this Act only until a terminating event occurs.(4) The transitional licence –(a) authorises TOTE Tasmania, while holding that licence, to maintain and execute any subsisting business agreement until –(i) that agreement for any reason ceases; or(ii) TOTE Tasmania's entitlements and obligations under that agreement are fully and finally realised and discharged; or(iii) a terminating event occurs; and(b) in so far as any subsisting business agreement may expressly or impliedly allow, confers like authority on a TOTE subsidiary to which the transitional licence may be transferred.(5) However, subsection (4) has effect subject to section 76VC(4) .(6) The holder of the transitional licence is not, in respect of anything done under that licence as regards the initial totalizator endorsement, subject to section 86 or Part 7 of the Racing Regulation Act 2004 .(7) In this section –terminating event, for the transitional licence, means –(a) if TOTE Tasmania is holding that licence, any one of the following:(i) the acquisition (by any person other than a TOTE subsidiary) of all of the shares in TOTE Tasmania consequent on a sale or transfer of those shares;(ii) the vesting (in any person other than a TOTE subsidiary) of the totalizator wagering business of TOTE Tasmania consequent on a sale or transfer of that business;(iii) TOTE Tasmania ceases to exist;(iv) an event prescribed by regulations for this paragraph; or(b) if a TOTE subsidiary is holding that licence consequent on a transfer pursuant to subsection (2) , any one of the following:(i) the acquisition (by any person other than another TOTE subsidiary) of all of the shares in TOTE Tasmania or the TOTE subsidiary consequent on a sale or transfer of those shares;(ii) the vesting (in any person other than another TOTE subsidiary) of the totalizator wagering business of the TOTE subsidiary consequent on a sale or transfer of that business;(iii) either TOTE Tasmania or the TOTE subsidiary ceases to exist;(iv) an event prescribed by regulations for this paragraph;totalizator wagering business, of TOTE Tasmania, means that part of the business of TOTE Tasmania authorised by the initial totalizator endorsement;TOTE subsidiary means a subsidiary, within the meaning of the Corporations Act, of TOTE Tasmania.
76ZEE. Second totalizator endorsement
[Section 76ZEF Repealed by No. 14 of 2010, s. 9, Applied:28 Sep 2010] . . . . . . . .(1) The Commission must not grant the second totalizator endorsement to any person except with the written approval of the Treasurer.(2) Despite section 76Z , a Tasmanian gaming licence endorsed with the second totalizator endorsement –(a) has effect for a period of 50 years commencing on the day on which the endorsement takes effect; and(b) is, after that 50-year period, renewable for a further period of 49 years under and in accordance with section 76ZC .(3) However, the following provisions apply to a Tasmanian gaming licence endorsed with the second totalizator endorsement:(a) if the endorsement ceases for any reason to have effect before the nominal term of the licence expires, the licence continues in effect after that cessation (but without the endorsement) only for the remaining balance, if any, of the nominal term;(b) if the endorsement ceases for any reason to have effect after (or precisely when) the nominal term of the licence expires, the licence continues in effect after that cessation (but without the endorsement) only for a period of 6 months.(4) Nothing in subsection (3) limits the operation of section 76ZC .(5) The holder of a Tasmanian gaming licence endorsed with the second totalizator endorsement is not, in respect of anything done under that licence as regards that endorsement, subject to section 86 or Part 7 of the Racing Regulation Act 2004 .(6) In this section –nominal term, of a Tasmanian gaming licence endorsed with the second totalizator endorsement, means the 5-year period commencing on the day on which that licence takes effect.
76ZEG. Authorised rates of totalizator commission
(1) A totalizator operator is entitled to such rates of commission in respect of totalizator wagering as it determines, but not exceeding such maximum rates of commission as the Commission from time to time authorises in writing.(2) Authorisations under subsection (1) may –(a) be of general application; and(b) be of specific application, with the result that different rates of commission may apply in such different circumstances as are specified in the authorisations; and(c) confer relevant discretions on the licensed provider.
76ZEH. Totalizator dividends and their calculation
(1) [Section 76ZEH Subsection (1) substituted by No. 45 of 2019, s. 7, Applied:12 Dec 2019] A totalizator operator must –(a) declare the totalizator pool to be the amount available for the payment of dividends on that totalizator wagering contingency; and(b) pay that amount out as dividends to the persons entitled to them.(2) [Section 76ZEH Subsection (2) substituted by No. 45 of 2019, s. 7, Applied:12 Dec 2019] The regulations may prescribe the following:(a) the means for calculating the minimum amount payable by a totalizator operator as a dividend;(b) the mechanism for the rounding of a dividend.(3) Any amount that would, but for subsection (2) , be required to be included in a totalizator wagering dividend may be retained by the totalizator operator.
Subdivision 3 - Licensing of employees[Subdivision 3 of Part 4A Inserted by No. 9 of 2009, s. 21, Applied:01 Jul 2009]
76ZEI. Certain employees to be issued with special employee's licence
(1) This section applies to a person who is employed by a totalizator operator during the lead-in period to exercise or perform a function (referred to in this section as "the function") of a special employee for the totalizator operator's wagering or gaming operations.(2) The Commission, as soon as practicable after the commencement of the lead-in period or, if applicable, after the person is employed, is to issue the person with a special employee's licence under Division 3 of Part 4 authorising the person to exercise or perform the function.(3) The special employee's licence remains in force only until the end of the lead-in period in which it is issued but, for the avoidance of doubt, sections 56 , 56A , 60 , 64 and 65 apply to that licence.(4) Until the Commission issues the special employee's licence, the person is taken to be the holder of a provisional special employee's licence under Division 3 of Part 4 authorising the person to exercise or perform the function.(5) Expressions that are defined in Division 3 of Part 4 and used in this section have the same meaning in this section as they have in that Division.
76ZEJ. Certain employees to be issued with technician's licence
(1) This section applies to a person who is employed by a totalizator operator during the lead-in period to exercise or perform a function of a technician (referred to in this section as "the function") for the totalizator operator's wagering or gaming operations.(2) The Commission, as soon as practicable after the start of the lead-in period or, if applicable, after the person is employed, is to issue the person with a technician's licence under Division 4 of Part 4 authorising the person to exercise or perform the function.(3) The technician's licence remains in force only until the end of the lead-in period in which it is issued but, for the avoidance of doubt, sections 56 , 56A , 60 , 64 and 65 apply, with any necessary modification, to that licence.(4) Until the Commission issues the technician's licence, the person is taken to be the holder of a provisional technician's licence under Division 4 of Part 4 authorising the person to exercise or perform the function.(5) Expressions that are defined in Division 4 of Part 4 and used in this section have the same meaning in this section as they have in that Division.
Subdivision 4 - Totalizator gaming equipment and control systems[Subdivision 4 of Part 4A Inserted by No. 9 of 2009, s. 21, Applied:01 Jul 2009]
76ZEK. Gaming equipment, &c., of initial totalizator operator
(1) Notwithstanding sections 76ZZG and 76ZZI , the initial totalizator endorsement authorises the licensed provider to use any existing gaming equipment or control system in connection with the activities authorised by the initial totalizator endorsement for –(a) in the case of gaming equipment, the period of 24 months commencing on the totalizator changeover day or such longer period as may be prescribed within those 24 months; and(b) in the case of a control system, the period of 6 months commencing on the totalizator changeover day or such longer period as may be prescribed within those 6 months.(2) To avoid doubt, the authority conferred by subsection (1) –(a) applies only to TOTE Tasmania or a TOTE subsidiary within the meaning of section 76ZED ; and(b) is extinguished by a terminating event.(3) In this section –existing, gaming equipment or control system, means gaming equipment or a control system used by TOTE Tasmania at any time in the 3-month period immediately before the totalizator changeover day.
76ZEL. Gaming equipment, &c., of second totalizator operator
(1) Notwithstanding sections 76ZZG and 76ZZI , the second totalizator endorsement authorises the licensed provider to use any existing gaming equipment or control system in connection with the activities authorised by the totalizator (or any other) endorsement on the licence for –(a) in the case of gaming equipment, the period of 12 months commencing on the endorsement day or such longer period as may be prescribed within those 12 months; and(b) in the case of a control system, the period of 6 months commencing on the endorsement day or such longer period as may be prescribed within those 6 months.(2) In this section –endorsement day means the day on which the second totalizator endorsement takes effect;existing, gaming equipment or control system, means gaming equipment or a control system used by the holder of the initial totalizator endorsement or second totalizator endorsement at any time in the 3-month period immediately before the endorsement day.
Division 6 - End of Tasmanian gaming licence[Division 6 Inserted by No. 102 of 1999, s. 16, Applied:22 Dec 1999]
76ZH. When Tasmanian gaming licence ends
A Tasmanian gaming licence ceases to have effect –(a) at the end of the period for which it has effect under section 76Z ; or(b) when it is surrendered with the agreement of the Commission; or(c) [Section 76ZH Amended by No. 45 of 2001, s. 49, Applied:01 Jul 2001] if it is cancelled, on the day specified in the notice of cancellation provided to the holder of the prescribed licence under section 112T(8) ; or(d) [Section 76ZH Amended by No. 45 of 2001, s. 49, Applied:01 Jul 2001] [Section 76ZH Amended by No. 42 of 2001, Sched. 1, Applied:15 Jul 2001] 90 days after the day on which the licensed provider dies, becomes bankrupt, takes or applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors, makes an assignment of remuneration for the benefit of creditors, is affected by control action under the Corporations Act (within the meaning of section 112S(4) ) or becomes mentally incapable of conducting a gaming business in the opinion of the Commission unless the licence is continued under section 76ZJ ; or(e) if the licence is continued under section 76ZJ , at the end of the 6 month or shorter period referred to in section 76ZJ(7) .
76ZI. Surrender of Tasmanian gaming licence or gaming endorsement
(1) A licensed provider may surrender the Tasmanian gaming licence, by giving written notice to the Commission, if the Commission agrees to the surrender.(2) If a Tasmanian gaming licence is surrendered, the person who held the licence must return it to the Commission.(2A) [Section 76ZI Subsection (2A) inserted by No. 45 of 2001, s. 50, Applied:01 Jul 2001] [Section 76ZI Subsection (2A) substituted by No. 75 of 2009, s. 9, Applied:07 Dec 2009] After a person surrenders a Tasmanian gaming licence, the Treasurer may give the person a prescribed proportional refund of the licence fee.(2B) [Section 76ZI Subsection (2B) inserted by No. 45 of 2001, s. 50, Applied:01 Jul 2001] [Section 76ZI Subsection (2B) omitted by No. 75 of 2009, s. 9, Applied:07 Dec 2009] . . . . . . . .(3) A licensed provider may surrender a gaming endorsement without surrendering the Tasmanian gaming licence by giving written notice to the Commission, if the Commission agrees to the surrender.(4) If a gaming endorsement is surrendered –(a) the licensed provider must give the Tasmanian gaming licence to the Commission; and(b) the Commission must amend the licence by –(i) deleting that endorsement; or(ii) [Section 76ZI Subsection (4) amended by No. 45 of 2001, s. 50, Applied:01 Jul 2001] issuing a replacement licence that is not endorsed with that endorsement; and(c) [Section 76ZI Subsection (4) amended by No. 45 of 2001, s. 50, Applied:01 Jul 2001] [Section 76ZI Subsection (4) amended by No. 75 of 2009, s. 9, Applied:07 Dec 2009] the Treasurer may give the licensed provider a prescribed proportional refund of the relevant part of the licence fee.(5) [Section 76ZI Subsection (5) inserted by No. 45 of 2001, s. 50, Applied:01 Jul 2001] [Section 76ZI Subsection (5) omitted by No. 75 of 2009, s. 9, Applied:07 Dec 2009] . . . . . . . .(6) [Section 76ZI Subsection (6) inserted by No. 45 of 2001, s. 50, Applied:01 Jul 2001] [Section 76ZI Subsection (6) substituted by No. 75 of 2009, s. 9, Applied:07 Dec 2009] In this section –relevant part, of the licence fee for a Tasmanian gaming licence, means that part of the licence fee that is payable because of a particular gaming endorsement endorsed on the licence.
76ZJ. Continuation of Tasmanian gaming licence after death, &c.
(1) Any of the following persons may apply to the Commission to have their name entered as substitute licensed provider on a Tasmanian gaming licence:(a) a person who is, or intends to become, the legal personal representative of a deceased licensed provider;(b) the guardian or administrator appointed under the Guardianship and Administration Act 1995 in respect of a licensed provider who is a represented person, within the meaning of that Act;(c) the official receiver, trustee or assignee of a licensed provider who becomes bankrupt or takes or applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for the benefit of creditors;(d) a receiver and manager, an administrator, an official liquidator or a provisional liquidator who is appointed in respect of a licensed provider that is a body corporate.(2) An application must –(a) be in a form approved by the Commission; and(b) contain the information required by the Commission; and(c) be accompanied by the documents required by the Commission; and(d) be accompanied by any prescribed fee.(3) The Commission, at its discretion, may refund the whole or part of an application fee.(4) Sections 76D , 76G and 76H apply in respect of an application under this section.(5) If –the Commission must enter the applicant's name as substitute licensed provider on the Tasmanian gaming licence accordingly.(a) the Commission is satisfied that –(i) the applicant is suitable to carry on the business of the licensed provider; and(ii) the applicant's associates are suitable to be associated with a licensed provider; and(b) the prescribed fee, if any, is paid –(6) If a licensed provider –and no person applies under subsection (1) to have their name entered as substitute licensed provider on the Tasmanian gaming licence, the Commission may so enter on the licence the name of a person referred to in subsection (1) or any other person nominated by such a person that the Commission considers appropriate if the person whose name is to be so entered agrees to it in writing provided to the Commission.(a) dies; or(b) [Section 76ZJ Subsection (6) amended by No. 42 of 2001, Sched. 1, Applied:15 Jul 2001] is affected by control action under the Corporations Act; or(c) is bankrupt, has taken or applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, has compounded with creditors or made an assignment of remuneration for the benefit of creditors; or(d) becomes a represented person, within the meaning of the Guardianship and Administration Act 1995 ; or(e) is no longer suitable to hold the Tasmanian gaming licence –(7) A person whose name is entered on a Tasmanian gaming licence as substitute licensed provider under subsection (5) or (6) is taken to be the licensed provider for the period of 6 months, or a shorter period specified by the Commission, after the name is so entered.(8) If the Commission enters a person's name as substitute licensed provider on a Tasmanian gaming licence, the person whose name was on the Tasmanian gaming licence as licensed provider is no longer the licensed provider in respect of that Tasmanian gaming licence.(9) If the Commission enters a person's name as substitute licensed provider on a Tasmanian gaming licence under subsection (5) or (6) , it may at the same time amend the licence and give directions in respect of the conduct of gaming business under the licence.
Division 7 - Player protection[Division 7 Inserted by No. 102 of 1999, s. 16, Applied:22 Dec 1999]
Subdivision 1 - [Subdivision 1 of Division 7 of Part 4A Heading inserted by No. 9 of 2009, s. 22, Applied:01 Jul 2009] General protection
76ZK. Self-limit on wagers by player
(1) [Section 76ZK Subsection (1) substituted by No. 53 of 2005, s. 7, Applied:01 Dec 2005] A registered player may, by written notice to a licensed provider, set an amount in dollars to be the player's net loss limit for wagers made with or through the provider in respect of a calendar month nominated by the player.(2) [Section 76ZK Subsection (2) omitted by No. 53 of 2005, s. 7, Applied:01 Dec 2005] . . . . . . . .(3) [Section 76ZK Subsection (3) amended by No. 53 of 2005, s. 7, Applied:01 Dec 2005] A licensed provider must not accept a wager from a player if accepting the wager contravenes, or could result in a contravention of, a net loss limit set by the person under this section.Penalty: Fine not exceeding 240 penalty units.(4) [Section 76ZK Subsection (4) amended by No. 53 of 2005, s. 7, Applied:01 Dec 2005] A registered player who has set a net loss limit under this section may amend or revoke the limit by written notice provided to the licensed provider.(5) [Section 76ZK Subsection (5) substituted by No. 53 of 2005, s. 7, Applied:01 Dec 2005] A notice setting, amending or revoking a net loss limit under this section takes effect when it is received by the licensed provider.(6) A notice revoking a limit set under subsection (1) or amending the limit by making it less strict takes effect 7 days after it is received by the licensed provider unless it is earlier withdrawn by written notice provided to the provider.(7) [Section 76ZK Subsection (7) inserted by No. 53 of 2005, s. 7, Applied:01 Dec 2005] For the avoidance of doubt, a reference in this section to a written notice includes a reference to an email, fax or electronic notice.(8) [Section 76ZK Subsection (8) inserted by No. 9 of 2009, s. 23, Applied:01 Jul 2009] This section does not apply to –(a) the holder of the Tasmanian gaming licence endorsed with the initial totalizator endorsement, within the meaning of Division 5A , in respect of the 12-month period immediately following the day on which that endorsement takes effect; or(b) the holder of a Tasmanian gaming licence endorsed with the second totalizator endorsement, within the meaning of Division 5A , in respect of the 12-month period immediately following the day on which that endorsement takes effect.
76ZL. Self-limit on deposits by player
[Section 76ZL Repealed by No. 45 of 2001, s. 51, Applied:19 Dec 2001] [Section 76ZL Inserted by No. 45 of 2019, s. 8, Applied:12 Dec 2019](1) In this section –deposit limit, in relation to a person’s wagering account, means a limit to the amount that can be deposited into the account by the player;wagering account means an account held by a player with a licensed provider into which wagering funds are or can be deposited and used by the player for wagering purposes.(2) A licensed provider must not register a person as a player under section 76ZU unless –(a) the licensed provider has –(i) told the person that they can set a deposit limit for the person’s wagering account; and(ii) asked the person whether they want to set a deposit limit for the person’s wagering account; and(b) the person has set, or declined to set, a deposit limit for the wagering account.Penalty: Fine not exceeding 240 penalty units.(3) A licensed provider must not allow a registered player to deposit money into a wagering account held with the licensed provider if depositing the amount would result in the deposit limit for that account being exceeded.Penalty: Fine not exceeding 240 penalty units.
76ZM. Licensed provider not to act as credit provider
A licensed provider must not provide credit to a person who wagers with the provider under the authority of a Tasmanian gaming licence.
76ZN. Complaints about licensed providers
(1) A person may make a complaint to the Commission or the relevant licensed provider about the conduct of a gaming activity, the licensed provider or a special employee.(2) A complaint must –(a) be made by written notice; and(b) state the complainant's name and address; and(c) give details of the complaint and the matters giving rise to the complaint.(3) As soon as practicable after receiving a complaint, the Commission must –(a) inquire into the complaint; or(b) if the Commission considers it appropriate, refer the complaint to the relevant licensed provider.(4) The Commission must give written notice to the complainant, in writing, of –(a) the result of the Commission's inquiry; or(b) the Commission's decision to refer the complaint to the licensed provider.(5) [Section 76ZN Subsection (5) amended by No. 31 of 2021, s. 13, Applied:16 Dec 2021] [Section 76ZN Subsection (5) amended by No. 45 of 2001, s. 52, Applied:01 Jul 2001] In conducting an inquiry, the Commission has the powers of an inspector specified in section 133 .(6) As soon as reasonably practicable after receiving a complaint under subsection (1) or the referral of a complaint under subsection (3)(b) , a licensed provider must investigate the complaint.Penalty: Fine not exceeding 60 penalty units.(7) Within 21 days after a complaint is received by, or referred to, the licensed provider, the provider must give written notice of the result of the inquiry to –(a) the complainant; and(b) if the complaint was referred to the licensed provider by the Commission, the Commission.Penalty: Fine not exceeding 60 penalty units.(8) If a complainant is aggrieved by the result of an inquiry conducted by a licensed provider, the complainant may by written notice request the Commission to investigate the complaint.(9) Subsections (4) and (5) apply in respect of an inquiry by the Commission on receipt of a request under subsection (8) .(10) A decision of the Commission under subsection (4) is binding on both the licensed provider and the complainant.
Subdivision 2 - Exclusion
[Section 76ZNA of Division 7 of Part 4A Inserted by No. 9 of 2009, s. 24, Applied:01 Jul 2009] In this Subdivision –excluded person, in relation to a licensed provider, means a registered player who is excluded from engaging in wagering activities with or through the licensed provider because of –(a) a TGL self-exclusion notice; or(b) a TGL exclusion order;wagering includes gaming.
76ZNB. Self-exclusion from wagering with licensed provider
[Section 76ZNB of Division 7 of Part 4A Inserted by No. 9 of 2009, s. 24, Applied:01 Jul 2009](1) A registered player may, by written notice to a licensed provider –(a) bar himself or herself from wagering with or through the licensed provider; or(b) revoke such a bar.(2) A notice under subsection (1)(a) is called a "TGL self-exclusion notice" and a notice under subsection (1)(b) is called a "TGL self-exclusion revocation notice".(3) A TGL self-exclusion notice or TGL self-exclusion revocation notice takes effect when it is received by the licensed provider.(4) As soon as practicable (and in any event no later than 3 days) after receiving a TGL self-exclusion notice, a licensed provider must –(a) remove the name of the person who has given the notice from the register kept under section 76ZU ; and(b) ensure that all employees of the licensed provider that engage in customer contact in connection with the wagering activities of the licensed provider know of the notice; and(c) give written notice or a copy of the notice to the Commission.Penalty: Fine not exceeding 10 000 penalty units.(5) [Section 76ZNB Subsection (5) substituted by No. 75 of 2009, s. 10, Applied:07 Dec 2009] A licensed provider that receives a TGL self-exclusion notice must immediately freeze the excluded person's wagering account.Penalty: Fine not exceeding 10 000 penalty units.(5A) [Section 76ZNB Subsection (5A) inserted by No. 75 of 2009, s. 10, Applied:07 Dec 2009] A licensed provider that freezes an excluded person's wagering account pursuant to subsection (5) must immediately notify the Commission in writing that it has done so.Penalty: Fine not exceeding 10 000 penalty units.(5B) [Section 76ZNB Subsection (5B) inserted by No. 75 of 2009, s. 10, Applied:07 Dec 2009] On receiving a notification from a licensed provider under subsection (5A) , the Commission may give the licensed provider such written instructions about the relevant frozen wagering account as it thinks fit and, without limiting the Commission's discretion, these instructions may be to do one or more of the following:(a) deduct any authorised commission or statutory charge from the funds in the frozen wagering account;(b) remit some or all of the funds in the frozen wagering account to the excluded person following the settlement of any outstanding wagers;(c) unfreeze some or all of the funds in the frozen wagering account and remit them to the excluded person;(d) have the excluded person's accounts or wagering history independently audited.(5C) [Section 76ZNB Subsection (5C) inserted by No. 75 of 2009, s. 10, Applied:07 Dec 2009] A licensed provider must comply with an instruction under subsection (5B) .Penalty: Fine not exceeding 10 000 penalty units.(6) As soon as practicable after receiving a TGL self-exclusion revocation notice, the licensed provider is to –(a) restore the name of the person who has given the notice to the register kept under section 76ZU ; and(b) ensure that all employees of the licensed provider that engage in customer contact in connection with the wagering activities of the licensed provider know of the notice; and(c) give written notice or a copy of the notice to the Commission.(7) Despite any other provision of this section, a TGL self-exclusion notice is not capable of being revoked within 6 months after it is given.(8) For the avoidance of doubt, a reference in this section to a written notice includes a reference to an email, fax or other form of electronic notice.(9) [Section 76ZNB Subsection (9) inserted by No. 75 of 2009, s. 10, Applied:07 Dec 2009] In this section –freeze, a wagering account, means to deny the account holder's access to and use of the account.
76ZNC. Third-party exclusion from wagering with licensed provider
[Section 76ZNC of Division 7 of Part 4A Inserted by No. 9 of 2009, s. 24, Applied:01 Jul 2009](1) A person who has a close personal interest in the welfare of another person who engages in wagering with or through a licensed provider may, in an approved form, apply to the Commission for an order to prohibit that other person from engaging in that wagering.(2) The Commission must, on receipt of the application, provide the affected person with a written notice –(a) informing the affected person of the making of the application and the reasons for it; and(b) inviting the affected person to make representations to the Commission about the application within the reasonable time specified in the notice.(3) After considering representations made by the applicant and the affected person, the Commission must –(a) if it is satisfied that it is in the public interest and the interests of the affected person to do so, make an order (called a "TGL exclusion order") prohibiting the affected person from wagering with the licensed provider; or(b) if it is not so satisfied, refuse the application.(4) The Commission must, if the application is refused, notify the applicant and the affected person in writing of that refusal and the reasons for it.(5) The Commission must, on making a TGL exclusion order, provide a copy of it to –(a) the applicant; and(b) the affected person; and(c) the licensed provider.(6) As soon as practicable (and in any event no later than 3 days) after receiving a copy of a TGL exclusion order from the Commission, a licensed provider must –(a) ensure that all employees of the licensed provider that engage in customer contact in connection with the licensed provider's wagering activities know of the order; and(b) remove the affected person's name from the register kept under section 76ZU .Penalty: Fine not exceeding 10 000 penalty units.(7) [Section 76ZNC Subsection (7) substituted by No. 75 of 2009, s. 11, Applied:07 Dec 2009] A licensed provider that receives a copy of a TGL exclusion order from the Commission must immediately freeze the excluded person's wagering account.Penalty: Fine not exceeding 10 000 penalty units.(7A) [Section 76ZNC Subsection (7A) inserted by No. 75 of 2009, s. 11, Applied:07 Dec 2009] A licensed provider that freezes an excluded person's wagering account pursuant to subsection (7) must immediately notify the Commission in writing that it has done so.Penalty: Fine not exceeding 10 000 penalty units.(7B) [Section 76ZNC Subsection (7B) inserted by No. 75 of 2009, s. 11, Applied:07 Dec 2009] On receiving a notification from a licensed provider under subsection (7A) , the Commission may give the licensed provider such written instructions about the relevant frozen wagering account as it thinks fit and, without limiting the Commission's discretion, these instructions may be to do one or more of the following:(a) deduct any authorised commission or statutory charge from the funds in the frozen wagering account;(b) remit some or all of the funds in the frozen wagering account to the excluded person following the settlement of any outstanding wagers;(c) unfreeze some or all of the funds in the frozen wagering account and remit them to the excluded person;(d) have the excluded person's accounts or wagering history independently audited.(7C) [Section 76ZNC Subsection (7C) inserted by No. 75 of 2009, s. 11, Applied:07 Dec 2009] A licensed provider must not fail to comply with an instruction under subsection (7B) .Penalty: Fine not exceeding 10 000 penalty units.(8) A TGL exclusion order has effect until it is revoked under section 76ZND .(9) In this section –affected person means, according to the context, the person in respect of whom –(a) an application for a TGL exclusion order is made; or(b) [Section 76ZNC Subsection (9) amended by No. 75 of 2009, s. 11, Applied:07 Dec 2009] a TGL exclusion order is made and in force;[Section 76ZNC Subsection (9) amended by No. 75 of 2009, s. 11, Applied:07 Dec 2009] freeze, a wagering account, means to deny the account holder's access to and use of the account.
76ZND. Revocation of TGL exclusion orders
[Section 76ZND of Division 7 of Part 4A Inserted by No. 9 of 2009, s. 24, Applied:01 Jul 2009](1) This section applies if a TGL exclusion order is in force.(2) The person who applied for the order or the affected person may, in an approved form, apply to the Commission to have it revoked.(3) The Commission must, on receipt of the application, provide the respondent with a written notice –(a) informing the respondent of the making of the application and the reasons for it; and(b) inviting the respondent to make representations to the Commission about the application within the reasonable time specified in the notice.(4) After considering representations made by the applicant and the respondent, the Commission must –(a) if it is satisfied that it is in the public interest and the interests of the affected person to do so, make an order (called a "revocation order") revoking the TGL exclusion order; or(b) if it is not so satisfied, refuse the application.(5) The Commission must, if the application is refused, notify the applicant and respondent in writing of that refusal and the reasons for it.(6) The Commission must, on making a revocation order, provide a copy of it to –(a) the applicant; and(b) the respondent; and(c) the licensed provider.(7) In this section –affected person means the person in respect of whom a TGL exclusion order is in force;respondent, in relation to an application for revocation under subsection (2) , means whichever of the following persons was not the applicant:(a) the affected person;(b) the person who applied for the relevant TGL exclusion order.
76ZNE. Licensed provider to keep register of excluded persons
[Section 76ZNE of Division 7 of Part 4A Inserted by No. 9 of 2009, s. 24, Applied:01 Jul 2009] A licensed provider must –(a) keep an up-to-date register of excluded persons; and(b) ensure that the Commission is able to inspect that register electronically at any time.Penalty: Fine not exceeding 10 000 penalty units.
76ZNF. Restrictions on wagering with excluded persons
[Section 76ZNF of Division 7 of Part 4A Inserted by No. 9 of 2009, s. 24, Applied:01 Jul 2009] A licensed provider must not –(a) accept a wager from an excluded person; or(b) cause or allow an employee of the licensed provider to accept a wager from an excluded person; or(c) solicit, by direct advertising, direct inducements or other direct means, excluded persons to engage in wagering with the licensed provider.
76ZNG. Transitional exemption for certain licensed providers
[Section 76ZNG of Division 7 of Part 4A Inserted by No. 9 of 2009, s. 24, Applied:01 Jul 2009] This Subdivision does not apply to –(a) the holder of a Tasmanian gaming licence endorsed with the initial totalizator endorsement, within the meaning of Division 5A , in respect of the 6-month period immediately following the day on which that endorsement takes effect; or(b) the holder of a Tasmanian gaming licence endorsed with the second totalizator endorsement, within the meaning of Division 5A , in respect of the 6-month period immediately following the day on which that endorsement takes effect.
Division 8 - Duties in respect of player's funds[Division 8 Inserted by No. 102 of 1999, s. 16, Applied:22 Dec 1999]
76ZO. Remitting funds of active player
At the request of a registered player or the personal representatives of a registered player, a licensed provider must remit any funds of the player held by the provider on behalf of the player no later than the first working day after the request is received.Penalty: Fine not exceeding 60 penalty units.
76ZP. Remitting funds of inactive player
[Section 76ZP Amended by No. 9 of 2009, s. 25, Applied:01 Jul 2009] If no activity has been recorded on behalf of a registered player for a period of 2 years, the licensed provider –(a) must remit any funds held on behalf of the player; or(b) [Section 76ZP Amended by No. 40 of 2015, Sched. 2, Applied:01 Jul 2016] if the person cannot be found, must deal with the funds as unclaimed money under the Unclaimed Money Act 2015 .
76ZQ. Limits on use of player's funds
A licensed provider must not have recourse to funds held on behalf of a registered player except for one or more of the following purposes:(a) to debit from those funds the amount of a wager made by the player in, or the amount the person has indicated he or she wants to wager in the course of, a gaming activity conducted by the provider;(b) to remit some or all of those funds to the player at his or her request;(c) as otherwise authorised by or under this Act.
76ZQA. Freezing wagering funds held by licensed provider
[Section 76ZQA Inserted by No. 53 of 2005, s. 8, Applied:01 Dec 2005](1) This section applies where a licensed provider holds any wagering funds of a registered player.(2) The Commission, by notice in writing, may instruct the licensed provider to freeze some or all of the wagering funds for such period as the Commission specifies in the notice.(3) The licensed provider must comply with an instruction under subsection (2) .Penalty: Fine not exceeding 10 000 penalty units.(4) The licensed provider may, for such period as it thinks fit, freeze some or all of the wagering funds if the licensed provider is satisfied that there are –(a) reasonable grounds for suspecting that the funds, or any of them, have been acquired in a manner that contravenes this Act; or(b) other reasonable grounds that justify freezing the funds.(5) On freezing some or all of the wagering funds pursuant to subsection (4) , the licensed provider must –(a) give the Commission a notice in writing within 24 hours –(i) stating that the funds have been frozen; and(ii) identifying the registered player and the funds; and(iii) stating why the funds have been frozen; and(b) give the Commission such further particulars about the matter as the Commission, by notice in writing, requires.Penalty: Fine not exceeding 10 000 penalty units.(6) Following the receipt of the notice or further particulars under subsection (5) , the Commission may give the licensed provider such written instructions about the frozen wagering funds as the Commission thinks fit and, without limiting the generality of this, may instruct the licensed provider to do any one or more of the following:(a) unfreeze some or all of the funds and allow the registered player to use them for wagering;(b) unfreeze some or all of the funds and remit them to the registered player;(c) decrease or increase the period for which the funds are to be frozen;(d) deregister the player, either permanently or for a specified period, under section 76ZU ;(e) have the registered player's account or wagering history, or both, independently audited.(7) The licensed provider must comply with an instruction under subsection (6) .Penalty: Fine not exceeding 10 000 penalty units.(8) In this section –freeze, funds, means to hold the funds and not disburse them in any way.
76ZQB. Freezing wagering funds held by third party
[Section 76ZQB Inserted by No. 53 of 2005, s. 8, Applied:01 Dec 2005](1) This section applies where any wagering funds of a licensed provider's registered player are held by an agent of the licensed provider (the agent being referred to in this section as "the fundholder").(2) The Commission, by notice in writing, may instruct the fundholder to freeze some or all of the wagering funds for such period as the Commission specifies in the notice.(3) The fundholder must comply with an instruction under subsection (2) .Penalty: Fine not exceeding 10 000 penalty units.(4) The Commission is to give a copy of an instruction under subsection (2) to the responsible licensed provider.(5) The fundholder may, for such period as it thinks fit, freeze some or all of the wagering funds if the fundholder is satisfied that there are –(a) reasonable grounds for suspecting that the funds, or any of them, have been acquired in a manner that contravenes this Act; or(b) other reasonable grounds that justify freezing the funds.(6) On freezing some or all of the wagering funds pursuant to subsection (5) , the fundholder must –(a) give the Commission and the responsible licensed provider a notice in writing within 24 hours –(i) stating that the funds have been frozen; and(ii) identifying the registered player and the funds; and(iii) stating why the funds have been frozen; and(b) give the Commission such further particulars about the matter as the Commission, by notice in writing, requires.Penalty: Fine not exceeding 10 000 penalty units.(7) Following the receipt of the notice or further particulars under subsection (6) , the Commission may give the fundholder such written instructions about the frozen wagering funds as the Commission thinks fit and, without limiting the generality of this, may instruct the fundholder to do any one or more of the following:(a) unfreeze some or all of the funds and allow the registered player to use them for wagering;(b) unfreeze some or all of the funds and remit them to the registered player;(c) decrease or increase the period for which the funds are to be frozen;(d) have the registered player's account or wagering history, or both, independently audited.(8) The Commission is to give a copy of any instructions under subsection (7) to the responsible licensed provider.(9) Also, the Commission, if it considers it appropriate to do so in the circumstances, may instruct the responsible licensed provider to deregister the player, either permanently or for a specified period, under section 76ZU .(10) If the fundholder commits an offence against this section, the responsible licensed provider is also guilty of the offence and liable to the same penalty for the offence unless the responsible licensed provider establishes that –(a) the act or omission constituting the offence took place without the licensed provider's knowledge or consent; or(b) the licensed provider used all due diligence to prevent that act or omission by the fundholder.(11) Subsection (10) has effect whether or not the fundholder is charged with or convicted of the offence against this section.(12) In this section –freeze has the same meaning as in section 76ZQA ;responsible licensed provider means the licensed provider for whom, as agent, a fundholder holds any wagering funds of a registered player.
Division 9 - Duties and powers in respect of prizes[Division 9 Inserted by No. 102 of 1999, s. 16, Applied:22 Dec 1999]
(1) If a claim for a prize in respect of a gaming activity is made to a licensed provider within 2 years after the day on which the prize becomes payable or claimable, the licensed provider must –(a) as soon as reasonably practicable try to resolve the claim; and(b) if the licensed provider is not able to resolve the claim, as soon as reasonably practicable inform the claimant by written notice given to the claimant –(i) of the licensed provider's decision on the claim; and(ii) that the person may, within 10 days after receiving the notice, ask the Commission to review the decision.(2) If the claim is not resolved to the satisfaction of the claimant, the claimant may request the Commission to review the licensed provider's decision on the claim or, if the claimant has not received a notice under subsection (1)(b) , to resolve the claim.(3) A request to the Commission under subsection (2) –(a) must be in a form approved by the Commission; and(b) if the claimant received notice under subsection (1)(b) , must be made within 10 days after receiving the notice.(4) If a request is made to the Commission, the Commission may carry out investigations the Commission considers necessary to resolve matters in dispute.(5) The decision of the Commission on reviewing a licensed provider's decision is binding on both the licensed provider and the claimant.(6) [Section 76ZR Subsection (6) inserted by No. 9 of 2009, s. 26, Applied:01 Jul 2009] In this section –prize includes winnings.
76ZRA. Unclaimed winnings, &c.
[Section 76ZRA Inserted by No. 9 of 2009, s. 27, Applied:01 Jul 2009](1) This section applies if any winnings in respect of a gaming activity are not claimed from the relevant licensed provider within 6 months after the day on which they become payable or claimable.(2) The winnings are taken to be unclaimed winnings of the licensed provider.(3) The licensed provider must, on or before the seventh day of each month –(a) pay to the Treasurer an amount equal to the total amount of the unclaimed winnings of the licensed provider for the previous month; or(b) if there were no unclaimed winnings in the previous month, give the Treasurer a declaration in an approved form to that effect.(4) In this section –approved form means a form approved by the Treasurer.
76ZS. Unclaimed non-monetary prize
(1) This section applies to a non-monetary prize in a gaming activity conducted by a licensed provider that is not collected within 3 months after notification by registered post to the winner of the place at which it may be collected.(2) A licensed provider –(a) may dispose of a prize to which this section applies by public auction or tender or in some other way approved by the Commission in writing provided to the licensed provider; and(b) may pay for the disposal from the proceeds of sale; and(c) must –(i) pay the remainder of the proceeds to the winner of the prize; or(ii) [Section 76ZS Subsection (2) amended by No. 40 of 2015, Sched. 2, Applied:01 Jul 2016] if the licensed provider is unaware of the identity or whereabouts of the winner of the prize, deal with the remainder of the proceeds as unclaimed money under the Unclaimed Money Act 2015 .
(1) [Section 76ZT Subsection (1) substituted by No. 53 of 2005, s. 9, Applied:01 Dec 2005] A licensed provider may withhold a prize or payment in a gaming activity if –(a) the licensed provider has reasonable grounds for believing that the result of the gaming activity has been affected by an illegal activity or malfunction of equipment; or(b) the outcome of the gaming activity or relevant wagering event is disputed.(2) [Section 76ZT Subsection (2) amended by No. 53 of 2005, s. 9, Applied:01 Dec 2005] If a licensed provider withholds a prize or payment under this section, the licensed provider –(a) must inform the Commission of the circumstances of the incident as soon as is reasonably practicable; and(b) [Section 76ZT Subsection (2) amended by No. 53 of 2005, s. 9, Applied:01 Dec 2005] must not conduct a further gaming activity if a recurrence of the illegality or malfunction is likely or, as the case may be, the dispute remains unresolved.Penalty: Fine not exceeding 500 penalty units.(3) [Section 76ZT Subsection (3) amended by No. 53 of 2005, s. 9, Applied:01 Dec 2005] On being informed under subsection (2) of the withholding of a prize or payment, the Commission must investigate the matter and –(a) may take all steps, and make all inquiries, that are reasonable and appropriate; and(b) [Section 76ZT Subsection (3) amended by No. 45 of 2001, s. 53, Applied:01 Jul 2001] [Section 76ZT Subsection (3) amended by No. 31 of 2021, s. 14, Applied:16 Dec 2021] has the powers of an inspector specified in section 133 .(4) After investigating the incident, the Commission may, by written notice provided to the licensed provider –(a) [Section 76ZT Subsection (4) amended by No. 53 of 2005, s. 9, Applied:01 Dec 2005] direct the licensed provider to pay the prize or payment; or(b) [Section 76ZT Subsection (4) amended by No. 53 of 2005, s. 9, Applied:01 Dec 2005] confirm the licensed provider's decision to withhold the prize or payment, but direct the licensed provider to refund amounts wagered.(5) The licensed provider must comply with a direction under subsection (4) .Penalty: Fine not exceeding 500 penalty units.
Division 10 - General duties and powers of licensed providers[Division 10 of Part 4A Heading amended by No. 45 of 2001, s. 54, Applied:01 Jul 2001] [Division 10 Inserted by No. 102 of 1999, s. 16, Applied:22 Dec 1999]
76ZU. Keeping register of players
(1) A licensed provider must keep an accurate and up-to-date register of players entitled to wager in a gaming activity by means of a telecommunications device.Penalty: Fine not exceeding 100 penalty units.(1A) [Section 76ZU Subsection (1A) inserted by No. 53 of 2005, s. 10, Applied:01 Dec 2005] A licensed provider must ensure that the Commission is able to inspect the register of players electronically at any time.Penalty: Fine not exceeding 100 penalty units.(2) On the application of a person, a licensed provider may, in the provider's discretion, register the person as a player by entering the name of the person in the register of players.(3) A licensed provider must not register a person as a player if the person is less than 18 years of age.(4) It is a defence to a charge for an offence against subsection (3) for the licensed provider to show that the provider or other person responsible for registering the person as a player believed on reasonable grounds that the person was 18 years of age or older.(5) A licensed provider must remove the name of a person from the register of players –(a) if the person dies; or(b) if the person requests it; or(c) if the provider considers it appropriate and the Commission agrees; or(ca) [Section 76ZU Subsection (5) amended by No. 53 of 2005, s. 10, Applied:01 Dec 2005] on written instructions of the Commission authorised to be given under this Act; or(d) for any other prescribed reason.(6) A person is a registered player with a licensed provider if the person's name is in the register of players kept by that provider.
76ZV. Restrictions on who may wager
A licensed provider, in conducting a gaming activity, must not accept a wager from a person by means of a telecommunications device except where –(a) the person is registered as a player with the provider; and(b) the funds necessary to cover the amount of the wager are held by the provider on behalf of the person; and(c) the person's identity has been authenticated in accordance with the conditions to which the provider's Tasmanian gaming licence is subject.
76ZW. Prohibition on licensed provider self-wagering
[Section 76ZW Substituted by No. 75 of 2009, s. 12, Applied:07 Dec 2009](1) A licensed provider must not, without the written approval of the Commission, wager with itself in a gaming activity in respect of the licensed provider's gaming business.Penalty: Fine not exceeding 600 penalty units.(2) A licensed provider, in wagering with itself in a gaming activity in respect of the licensed provider's gaming business pursuant to an approval of the kind referred to in subsection (1) , must not contravene the conditions, if any, of that approval.Penalty: Fine not exceeding 600 penalty units.(3) In this section –itself includes, where the relevant licensed provider is a natural person, himself or herself.
76ZX. Restrictions on conduct of gaming activity
(1) In this section,game includes a major lottery, pools and a game that is a prescribed game for the purposes of the definition of "game" in section 3(1) .(2) [Section 76ZX Subsection (2) amended by No. 15 of 2013, s. 11, Applied:20 Jun 2013] A licensed provider must not conduct or offer to conduct wagering or gaming in respect of a game or gaming activity except where –(a) [Section 76ZX Subsection (2) amended by No. 14 of 2010, s. 10, Applied:28 Sep 2010] [Section 76ZX Subsection (2) amended by No. 15 of 2013, s. 11, Applied:20 Jun 2013] the game or gaming activity is approved and conducted at or from an approved location or approved outlet; and(b) gaming equipment used in conducting the game and gaming activity is approved by the Commission under section 76ZZG .Penalty: Fine not exceeding 1 000 penalty units.(3) A licensed provider must not conduct or offer to conduct a gaming activity except where the control system of the provider is approved by the Commission under section 76ZZI .Penalty: [Section 76ZX Subsection (3) amended by No. 15 of 2013, s. 11, Applied:20 Jun 2013] Fine not exceeding 1 000 penalty units.
76ZY. Restriction on accepting new associate
(1) A licensed provider must –(a) notify the Commission in writing that a person is likely to become an associate as soon as practicable after the licensed provider becomes aware of the likelihood; and(b) ensure that a person does not become an associate except with the prior written approval of the Commission.Penalty: Fine not exceeding 10 000 penalty units.(2) Before giving an approval for the purposes of subsection (1)(b) , the Commission may –(a) [Section 76ZY Subsection (2) amended by No. 45 of 2001, s. 55, Applied:01 Jul 2001] investigate the proposed associate under section 112O as if the proposed associate were an associate; and(b) by written notice provided to the licensed provider, require the provider to pay the whole or a part of the reasonable costs of the Commission in conducting the investigation.(3) The Commission may refuse to give an approval for the purposes of subsection (1)(b) if the licensed provider does not pay costs as required under subsection (2)(b) .
76ZZ. Totalizator Agencies (approved outlets)
[Section 76ZZ Repealed by No. 53 of 2005, s. 11, Applied:01 Dec 2005] [Section 76ZZ Inserted by No. 9 of 2009, s. 28, Applied:01 Jul 2009](1) Subject to section 76ZZAAB , a totalizator operator may establish an agency in premises occupied by another person (referred to in this section as "the agent") at and through which players may engage in gaming and wagering with or through the totalizator operator under its Tasmanian gaming licence.(2) In respect of gaming and wagering conducted at and through the approved outlet –(a) the actions of the agent are taken to be actions of the totalizator operator; and(b) if any of those actions would constitute a prescribed offence if committed by the totalizator operator, proceedings for the prescribed offence may be brought against the agent in the same manner as if the agent were the totalizator operator (whether or not proceedings are brought against the totalizator operator).(3) Without limiting subsection (2)(a) , if the agent commits an offence under this Act in respect of gaming or wagering conducted at or through an agency –(a) the totalizator operator is also taken to have committed the offence; and(b) proceedings for the offence may be brought against the totalizator operator (whether or not proceedings are brought against the agent).(4) However, in proceedings brought against the totalizator operator pursuant to subsection (3) , it is a defence if the totalizator operator establishes that it –(a) issued written instructions and took reasonable precautions to ensure compliance with this Act; and(b) did not know the offence had been committed; and(c) could not reasonably have prevented the commission of the offence.(5) Any agreement that is repugnant to or purports to oust or qualify the operation of this section is, to that extent, void and unenforceable.(6) In this section –prescribed offence means an offence under –(a) section 76ZM ; or(b) section 92 ; or(c) Division 3 of Part 5 ; or(d) section 118 .
76ZZAAA. Totalizator operator approved outlets
[Section 76ZZAAA Inserted by No. 9 of 2009, s. 28, Applied:01 Jul 2009] A totalizator operator may establish any premises occupied by the totalizator operator as an outlet at and through which players may engage in gaming and wagering with or through the totalizator operator under its Tasmanian gaming licence.
76ZZAAB. Commission oversight of approved outlets
[Section 76ZZAAB Inserted by No. 9 of 2009, s. 28, Applied:01 Jul 2009][Section 76ZZAA Inserted by No. 5 of 2001, s. 4, Applied:12 Apr 2001] [Section 76ZZAA Subsection (1) substituted by No. 53 of 2005, s. 12, Applied:01 Dec 2005] [Section 76ZZAA Subsection (1) amended by No. 9 of 2009, s. 29, Applied:01 Jul 2009] [Section 76ZZAA Subsection (6) amended by No. 53 of 2005, s. 12, Applied:01 Dec 2005] [Section 76ZZAA Repealed by No. 45 of 2019, s. 9, Applied:12 Dec 2019] . . . . . . . .(1) A totalizator operator must give the Commission –(a) at least 10 days' notice, in an approved form, of intention to establish or close an approved outlet under section 76ZZ or 76ZZAAA ; and(b) notice, in an approved form, within 3 clear days, if there is a change in the occupation of any premises used as an approved outlet by the totalizator operator under section 76ZZ .(2) The Commission, by notice in writing, may direct a totalizator operator –(a) not to establish a particular approved outlet; or(b) to take or ensure the taking of specified remedial actions in respect of a particular approved outlet or persons at an approved outlet; or(c) to close a particular approved outlet, either temporarily or permanently.(3) Without limiting its discretion, the Commission may issue a direction under this section if it considers on reasonable grounds that –(a) the premises in question are, by reason of their location, condition or otherwise, not suitable for use as an approved outlet; or(b) in the case of section 76ZZ , the occupier of the premises is or may not be a suitable person to be an agent; or(c) prescribed circumstances apply.(4) A direction under this section may specify time limits in respect of an action to be taken or a period of closure.(5) Without prejudice to Division 6 of Part 5 , a failure to comply with a direction under this section constitutes grounds for disciplinary action under that Division in relation to the relevant prescribed licence.(6) In this section –approved form means a form approved by the Commission.
[Section 76ZZAB Inserted by No. 9 of 2009, s. 30, Applied:01 Jul 2009](1) A licensed provider is entitled to give registered players such betting discounts as the licensed provider from time to time determines.(2) In this section –betting includes wagering and gaming;discount includes concession and rebate.
Division 11 - Miscellaneous[Division 11 Inserted by No. 102 of 1999, s. 16, Applied:22 Dec 1999]
76ZZA. Prohibition on advertising and promotion of simulated gaming
(1) A person who –must not advertise or in any other way directly or indirectly promote to the public the use of those computers for the purposes of wagering on simulated games.(a) provides computers for the use of the public, whether or not for fee or other reward; or(b) allows in premises owned or controlled by the person computers for such use –Penalty: Fine not exceeding 1 000 penalty units.(2) A licensed provider must not enter into a contract or other arrangement with a person who provides computers for the use of the public, whether or not for fee or other reward, if a purpose of that contract or arrangement is the direct or indirect promotion of wagering on simulated games.Penalty: Fine not exceeding 1 000 penalty units.(3) Without limiting what may constitute direct or indirect promotion of wagering on simulated games for the purposes of subsections (1) and (2) , a computer that is left showing, or on opening up access to the Internet automatically shows, anything related to wagering on simulated games is a promotion of wagering on simulated games.(4) A person does not advertise or directly or indirectly promote wagering on simulated games or the use of computers for that purpose if an advertisement occurs or appears in the use of the Internet and that occurrence or appearance was outside the control of that person.
76ZZB. Prohibition on altering Tasmanian gaming licence
A person must not alter or deface a current Tasmanian gaming licence without the authorisation of the Commission.Penalty: Fine not exceeding 1 000 penalty units.
76ZZC. Prohibition on licensed technician and special employee wagering
[Section 76ZZC Substituted by No. 9 of 2009, s. 31, Applied:01 Jul 2009](1) [Section 76ZZC Subsection (1) amended by No. 15 of 2013, s. 12, Applied:20 Jun 2013] A licensed technician or special employee of a licensed provider must not, while on duty as such technician or special employee, wager in a gaming activity provided by the technician's or employee's employer under the authority of a Tasmanian gaming licence otherwise than by accepting wagers in the course of his or her duties as an employee of the provider.Penalty: Fine not exceeding 240 penalty units.(2) [Section 76ZZC Subsection (2) amended by No. 15 of 2013, s. 12, Applied:20 Jun 2013] To avoid doubt, a licensed technician or special employee who is taking an authorised meal break or rest period is taken to be still on duty for the purposes of this section.
76ZZD. Commission may restrict participation in gaming activities by gaming official
(1) The Commission may, by written notice given to a person employed in the administration of this Part, direct the person –(a) not to wager in a gaming activity; or(b) not to wager in a gaming activity except in circumstances, or for the purposes, specified in the notice.(2) A person must not contravene a direction given under subsection (1) .Penalty: Fine not exceeding 60 penalty units.
76ZZE. Installation and storage of gaming equipment by licensed provider
[Section 76ZZE Repealed by No. 75 of 2009, s. 13, Applied:07 Dec 2009] [Section 76ZZE Inserted by No. 15 of 2013, s. 13, Applied:20 Jun 2013](1) A licensed provider who obtains gaming equipment or provides gaming equipment to an agency of a licensed provider –(a) must install the equipment, or cause it to be installed, in an approved location or approved outlet; and(b) must cause any gaming equipment not so installed to be stored in a room approved by the Commission and secured in the manner approved by the Commission.(2) A licensed provider must not allow any person to use gaming equipment for the conduct of a gaming activity that is not installed as required by this section.Penalty: Fine not exceeding 1 000 penalty units.
[Section 76ZZF Subsection (8) omitted by No. 53 of 2005, s. 13, Applied:01 Dec 2005] [Section 76ZZF Substituted by No. 14 of 2010, s. 11, Applied:28 Sep 2010](1) In this section –game includes a major lottery, pools and a game that is prescribed for the purposes of the definition of "game" in section 3(1) .(2) The Commission may approve the games that may be conducted under the authority of a Tasmanian gaming licence.(2A) [Section 76ZZF Subsection (2A) inserted by No. 31 of 2021, s. 15, Applied:16 Dec 2021] An approval under subsection (2) may be subject to such conditions as the Commission considers appropriate.(3) The Commission must keep an up-to-date list of all approved games.(4) On the issue of a Tasmanian gaming licence, the Commission must provide the licensed provider with written notice of the approved games the provider may conduct under the licence.(5) On the request of any person, the Commission must at any reasonable time –(a) let the person peruse the list of approved games; and(b) provide the person with a copy of the whole or part of that list.(5A) [Section 76ZZF Subsection (5A) inserted by No. 31 of 2021, s. 15, Applied:16 Dec 2021] An approval under subsection (2) may be amended at any time as the Commission thinks fit.(6) The Commission may at any time revoke its approval of a game.(7) [Section 76ZZF Subsection (7) inserted by No. 31 of 2021, s. 15, Applied:16 Dec 2021] The amendment or revocation of an approval under this section takes effect when notice of it is given in writing to the licensed provider concerned or on a later date specified in the notice.
76ZZG. Approval of gaming equipment
[Section 76ZZGA Inserted by No. 15 of 2013, s. 14, Applied:20 Jun 2013] [Section 76ZZGA Repealed by No. 31 of 2021, s. 17, Applied:16 Dec 2021] . . . . . . . .(1) In this section,gaming equipment means gaming equipment that is used, likely to be used or proposed to be used by a licensed provider.(2) The Commission may accept for evaluation particular gaming equipment or gaming equipment of a class.(3) The Commission may require a person who submits for evaluation gaming equipment under subsection (2) to provide any additional information or material that the Commission considers necessary for the evaluation and to pay the costs incurred by the Commission in undertaking the evaluation.(4) If particular gaming equipment or gaming equipment of a class accepted for evaluation under subsection (2) is considered by the Commission to be suitable for use in a gaming business, the Commission must approve the particular gaming equipment or gaming equipment of that class subject to such conditions (if any) as it determines.(5) The Commission must not approve any particular gaming equipment or gaming equipment of a class which it considers is not or may not be suitable for use in a gaming business.(6) [Section 76ZZG Subsection (6) substituted by No. 31 of 2021, s. 16, Applied:16 Dec 2021] An approval under this section may be amended at any time as the Commission thinks fit.(7) [Section 76ZZG Subsection (7) substituted by No. 31 of 2021, s. 16, Applied:16 Dec 2021] The amendment of an approval under this section takes effect when notice of it is given in writing to the licensed provider concerned or on a later date specified in the notice.(8) If gaming equipment differs in any material particular from the gaming equipment approved by the Commission, the gaming equipment ceases to be approved under this section.(9) [Section 76ZZG Subsection (9) inserted by No. 9 of 2009, s. 32, Applied:01 Jul 2009] [Section 76ZZG Subsection (9) omitted by No. 31 of 2021, s. 16, Applied:16 Dec 2021] . . . . . . . .(10) [Section 76ZZG Subsection (10) inserted by No. 9 of 2009, s. 32, Applied:01 Jul 2009] [Section 76ZZG Subsection (10) omitted by No. 31 of 2021, s. 16, Applied:16 Dec 2021] . . . . . . . .(11) [Section 76ZZG Subsection (11) inserted by No. 9 of 2009, s. 32, Applied:01 Jul 2009] [Section 76ZZG Subsection (11) amended by No. 45 of 2019, s. 10, Applied:12 Dec 2019] [Section 76ZZG Subsection (11) omitted by No. 31 of 2021, s. 16, Applied:16 Dec 2021] . . . . . . . .(12) [Section 76ZZG Subsection (12) inserted by No. 9 of 2009, s. 32, Applied:01 Jul 2009] [Section 76ZZG Subsection (12) omitted by No. 45 of 2019, s. 10, Applied:12 Dec 2019] . . . . . . . .(13) [Section 76ZZG Subsection (13) inserted by No. 9 of 2009, s. 32, Applied:01 Jul 2009] [Section 76ZZG Subsection (13) omitted by No. 31 of 2021, s. 16, Applied:16 Dec 2021] . . . . . . . .(14) [Section 76ZZG Subsection (14) inserted by No. 9 of 2009, s. 32, Applied:01 Jul 2009] [Section 76ZZG Subsection (14) omitted by No. 31 of 2021, s. 16, Applied:16 Dec 2021] . . . . . . . .
76ZZH. Withdrawal of approval of gaming equipment
(1) The Commission may withdraw the approval of particular gaming equipment or gaming equipment of a class approved under section 76ZZG if the Commission considers it necessary or appropriate in the public interest or for the proper conduct of a gaming business.(2) If approval is withdrawn under subsection (1) , the Commission must give written notice of the withdrawal to –(a) any person who submitted to the Commission the gaming equipment or a certificate relating to the gaming equipment under section 76ZZG ; and(b) all licensed providers using any gaming equipment of the class of gaming equipment to which the withdrawal relates.(3) A notice under subsection (2) must specify the time within which the gaming equipment must be removed from use.(4) If approval is withdrawn under subsection (1) , the Commission must allow a licensed provider a reasonable time within which to remove the gaming equipment from use unless there is an immediate threat to the public interest.(5) A licensed provider must not use, or permit to be used, gaming equipment if –(a) the Commission has withdrawn approval of that gaming equipment, or the class of gaming equipment of which that gaming equipment is a member; and(b) notice of the withdrawal of approval has been given under subsection (2) ; and(c) either no time has been allowed by the notice for the removal from use of the gaming equipment or any such time allowed by the notice has expired.Penalty: Fine not exceeding 1 000 penalty units.
76ZZI. Approval of control system
(1) The Commission may, by written notice –(a) approve the control system of a licensed provider; and(b) [Section 76ZZI Subsection (1) amended by No. 13 of 2006, s. 16, Applied:20 Sep 2006] revoke its approval of the control system of a licensed provider; and(c) [Section 76ZZI Subsection (1) amended by No. 13 of 2006, s. 16, Applied:20 Sep 2006] approve an amendment to an existing control system of a licensed provider.(2) The Commission –(a) must not approve the control system of a licensed provider unless satisfied that it is suitable for use in respect of the gaming businesses conducted, or to be conducted, by the licensed provider; and(b) must revoke its approval of the control system of a licensed provider if satisfied that it is no longer suitable for use in respect of the gaming businesses conducted by the licensed provider.(3) [Section 76ZZI Subsection (3) inserted by No. 9 of 2009, s. 33, Applied:01 Jul 2009] [Section 76ZZI Subsection (3) omitted by No. 31 of 2021, s. 18, Applied:16 Dec 2021] . . . . . . . .(4) [Section 76ZZI Subsection (4) inserted by No. 9 of 2009, s. 33, Applied:01 Jul 2009] [Section 76ZZI Subsection (4) omitted by No. 31 of 2021, s. 18, Applied:16 Dec 2021] . . . . . . . .(5) [Section 76ZZI Subsection (5) inserted by No. 9 of 2009, s. 33, Applied:01 Jul 2009] [Section 76ZZI Subsection (5) amended by No. 45 of 2019, s. 11, Applied:12 Dec 2019] [Section 76ZZI Subsection (5) omitted by No. 31 of 2021, s. 18, Applied:16 Dec 2021] . . . . . . . .(6) [Section 76ZZI Subsection (6) inserted by No. 9 of 2009, s. 33, Applied:01 Jul 2009] [Section 76ZZI Subsection (6) omitted by No. 45 of 2019, s. 11, Applied:12 Dec 2019] . . . . . . . .(7) [Section 76ZZI Subsection (7) inserted by No. 9 of 2009, s. 33, Applied:01 Jul 2009] [Section 76ZZI Subsection (7) omitted by No. 31 of 2021, s. 18, Applied:16 Dec 2021] . . . . . . . .(8) [Section 76ZZI Subsection (8) inserted by No. 9 of 2009, s. 33, Applied:01 Jul 2009] [Section 76ZZI Subsection (8) omitted by No. 31 of 2021, s. 18, Applied:16 Dec 2021] . . . . . . . .
76ZZIA. Emergency approval of modification to control system or gaming equipment
[Section 76ZZIA Inserted by No. 75 of 2009, s. 14, Applied:07 Dec 2009] Notwithstanding sections 76ZZG and 76ZZI , the Commission may grant an emergency approval to a modification of any control system or gaming equipment approved under those sections if it is satisfied that the modification is (or, if the modification has already been made, was) necessary to ensure the integrity of the control system or the gaming equipment.
PART 4B - Minor gaming conducted for charitable purposes
Division 1 - Minor gaming conducted for charitable purposes lawful[Division 1 Inserted by No. 45 of 2001, s. 56, Applied:01 Jul 2001]
76ZZJ. Minor gaming conducted for charitable purposes lawful
(1) Despite the provisions of any other Act or law, the conduct of an authorised game in a place and the wagering and acceptance of wagers in an authorised game are lawful if –(a) the authorised game is conducted by a minor gaming operator; and(b) the authorised game is conducted and played in accordance with –(i) any conditions to which its conduct and playing are subject under this Act; and(ii) the rules of the game.(2) The lawful conduct and playing of an authorised game is not a public or private nuisance.(3) [Section 76ZZJ Subsection (3) omitted by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] . . . . . . . .
Division 2 - Authorised games[Division 2 Inserted by No. 45 of 2001, s. 56, Applied:01 Jul 2001]
76ZZK. Authorised game and rules of the game
(1) The Commission may determine a game to be an authorised game.(2) A determination under subsection (1) may –(a) describe the game in any manner the Commission considers appropriate including by reference to monetary or other limits; and(b) specify the conditions relating to the conduct and playing of the authorised game that the Commission considers appropriate.(3) The conditions relating to the conduct and playing of an authorised game may include –(a) conditions as to the days, times and places on or at which the authorised game may be conducted and played; and(b) any other conditions the Commission considers appropriate.(4) A determination under subsection (1) must set out the rules of the authorised game.(5) The Commission may amend or revoke a determination made under subsection (1) .(6) If the Commission amends or revokes a determination made under subsection (1) , the Commission must notify in writing each holder of a minor gaming permit entitled under that permit to conduct the authorised game to which that amendment or revocation relates.
76ZZL. Availability of authorised games list and rules of games
(1) The Commission must make available for the perusal of any person a list containing all the games determined to be authorised games and the rules of the game in respect of each game so listed.(2) The list must be made available –(a) within normal working hours; and(b) at the office of the Commission; and(c) in any form, including electronic, the Commission considers appropriate.(3) On receipt of the request of any person, the Commission must provide the person with a copy of the list referred to in subsection (1) or any part of that list as specified in the request.
76ZZM. Commission to act in accordance with agreements between Crown and licence holder
[Section 76ZZM Amended by No. 59 of 2003, s. 10, Applied:01 Jul 2003] [Section 76ZZM Amended by No. 31 of 2021, s. 94, Applied:01 Jul 2023] In determining a game to be an authorised game, the rules of the game and any conditions relating to the conduct and playing of the authorised game, the Commission must not act in a manner that is inconsistent with the terms of an agreement between the Crown and a licence holder, or an agreement under section 150B , that is in effect.
Division 3 - Minor gaming permit[Division 3 Inserted by No. 45 of 2001, s. 56, Applied:01 Jul 2001]
76ZZN. Application for minor gaming permit
(1) A person who wishes to conduct an authorised game may apply to the Commission for a minor gaming permit.(2) An application is to –(a) be made in a form approved by the Commission; and(b) specify the authorised game the applicant wishes to conduct; and(c) specify the purposes for which the authorised game would be conducted; and(d) specify how the proceeds from the authorised game will be distributed; and(e) [Section 76ZZN Subsection (2) amended by No. 75 of 2009, s. 15, Applied:07 Dec 2009] be accompanied by the fee, if any, prescribed by the regulations.(3) On receipt of an application, the Commission may require the applicant to provide further information.
76ZZO. Grant of minor gaming permit
(1) On receiving an application under section 76ZZN , the Commission may grant or refuse to grant a minor gaming permit to the applicant.(2) In determining whether or not to grant a minor gaming permit, the Commission may conduct such investigation as the Commission considers appropriate to determine whether the applicant is a person who in the opinion of the Commission is suitable to conduct authorised games in accordance with a minor gaming permit.(3) In conducting an investigation, the Commission may –(a) make such inquiries in respect of the applicant and into the applicant's affairs as it considers appropriate; and(b) take all reasonable steps it considers appropriate to enable and facilitate those inquiries.(4) The Commission by notice provided to the applicant may require the applicant to pay the reasonable costs of the whole or any part of an investigation undertaken by the Commission under subsection (2) and those costs –(a) are a debt due and payable to the Crown; and(b) may be recovered in a court of competent jurisdiction.(5) If the Commission has required an applicant to pay the reasonable costs of the whole or part of an investigation undertaken under subsection (2) , the Commission must not grant a minor gaming permit to that applicant until those costs have been paid or an arrangement for payment has been entered into by the applicant.(6) The Commission must not grant a minor gaming permit to a person unless satisfied that the proceeds of conducting the authorised game are to be used for the lawful purposes of a not-for-profit organisation or a charitable purpose and not for the private gain or benefit of any person except by way of charity.(7) The Commission may grant a minor gaming permit subject to such conditions as the Commission considers appropriate.(8) Without limiting subsection (7) , the Commission may include in the conditions to which a minor gaming permit is subject one or more of the following conditions:(a) a condition requiring the minor gaming operator to distribute for charitable purposes or the lawful purposes of a not-for-profit organisation the whole, or a proportion determined by the Commission, of the profit obtained from the conduct of authorised games;(b) a condition limiting the amount of turnover obtained from the conduct of authorised games that the minor gaming operator may use to meet the costs of promoting and conducting authorised games;(c) a condition requiring the minor gaming operator to obtain the approval of the Commission for specified gaming equipment or to use specified gaming equipment of a class approved by the Commission;(d) a condition requiring the minor gaming operator to be supplied with specified gaming equipment from a person listed on the Roll.(9) On granting a minor gaming permit to a person, the Commission must list in a Register of Minor Gaming Operators kept by the Commission the name of the person, any conditions to which the permit is subject and any details of the person that the Commission considers relevant.
76ZZP. Authority of minor gaming permit
(1) In this section,specified means specified in the minor gaming permit.(2) A minor gaming permit authorises the specified not-for-profit organisation or other person to conduct the specified authorised games in accordance with any specified conditions, the rules of the game and this Act while the minor gaming permit is in effect.
76ZZQ. Period of minor gaming permit
[Section 76ZZQ Substituted by No. 75 of 2009, s. 16, Applied:07 Dec 2009] Unless sooner cancelled or surrendered, a minor gaming permit has effect for such period, not exceeding 5 years, as the Commission determines and specifies in the permit.
76ZZR. Surrender of minor gaming permit
(1) A minor gaming operator may surrender the minor gaming permit to the Commission at any time.(2) A minor gaming permit ceases to have effect when it is surrendered.(3) After a minor gaming permit is surrendered, the Commission may refund to the person who surrendered it a portion of the permit fee paid.
76ZZS. Amendment of minor gaming permit
(1) The Commission may at any time amend a minor gaming permit as it considers appropriate.(2) An amendment of a minor gaming permit may include or consist of an amendment of the conditions to which the permit is subject.(3) If the Commission amends a minor gaming permit –(a) the Commission must notify the minor gaming operator of the amendment in writing; and(b) the amendment takes effect on the day specified in that notice.(4) The day specified in the notice as the day on which the amendment takes effect must not be a day which is earlier than the day on which the minor gaming operator receives the notice or, if the notice is sent by post, would receive the notice in the ordinary course of post.
Division 4 - Duties of minor gaming operators[Division 4 Inserted by No. 45 of 2001, s. 56, Applied:01 Jul 2001]
76ZZT. Duty to comply with conditions and rules of game
(1) A minor gaming operator must comply with the conditions to which the minor gaming permit is subject.Penalty: Fine not exceeding 50 penalty units.(2) A minor gaming operator conducting an authorised game must comply with –(a) the conditions relating to the conduct and playing of that authorised game; and(b) the rules of the game.Penalty: Fine not exceeding 50 penalty units.
76ZZU. Duty to notify change of address
A minor gaming operator must give written notice to the Commission of any change of address within 21 days after that change of address occurs.Penalty: Fine not exceeding 50 penalty units.
PART 4C - Sale of Tickets in Foreign Games
Division 1 - Preliminary[Division 1 Inserted by No. 66 of 2002, s. 9, Applied:19 Dec 2002]
In this Part –application means an application under section 77B for a foreign games permit;game includes pools and a game that is prescribed for the purposes of the definition of "game" in section 3(1) .
Division 2 - Sale of tickets in foreign game[Division 2 Inserted by No. 66 of 2002, s. 9, Applied:19 Dec 2002]
77A. Sale of tickets in foreign game restricted
A person must not sell at or from premises situated in Tasmania a ticket in a lottery, or game, that is conducted elsewhere than in Tasmania except where the sale of the ticket is authorised by a foreign games permit.Penalty: Fine not exceeding 300 penalty units.
Division 3 - Application for, and determination of, foreign games permit[Division 3 Inserted by No. 66 of 2002, s. 9, Applied:19 Dec 2002]
77B. Application for foreign games permit
(1) A person may apply to the Commission for a foreign games permit.(2) An application must –(a) be in a form approved by the Commission; and(b) specify the type of lottery or game in which tickets are intended to be sold in Tasmania under the foreign games permit if granted; and(c) contain or be accompanied by the information and documents required by the Commission; and(d) [Section 77B Subsection (2) amended by No. 15 of 2013, s. 15, Applied:20 Jun 2013] be accompanied by the prescribed fee.
77C. Consideration of application
(1) The Commission may refuse to process an application for a foreign games permit if –(a) the applicant may not lawfully conduct the foreign game in the State, Territory, country or part of a country where the foreign game is, or is intended to be, conducted; or(b) the Commission considers that an agreement under section 150B with the appropriate representative of the Government of the State, Territory, country or part of a country where the foreign game is, or is intended to be, conducted is necessary and the Treasurer has not entered into such an agreement; or(c) the application does not comply with or conform to any requirement specified in section 77B(2) .(2) Except as otherwise prescribed under subsection (1) , the Commission must process an application for a foreign games permit.
77D. Refund of application fee
The Commission, at its discretion, may refund a part not exceeding 80% of an application fee paid under section 77B(2) –(a) if the Commission refuses to process the application under section 77C(1) ; or(b) if the application is withdrawn by the applicant; or(c) for any other reason the Commission considers appropriate.
77E. Excess costs of application
(1) If the reasonable costs incurred by the Commission in investigating and processing an application for a foreign games permit exceed the amount of the application fee paid under section 77B(2) , the Commission may require the applicant to pay the whole or part of the excess amount.(2) A requirement under subsection (1) must be made in writing provided to the applicant.
77F. Investigation of application
(1) In processing an application for a foreign games permit, the Commission must carry out all investigations that it considers necessary and appropriate.(2) In an investigation, the Commission may take all steps, and make all inquiries, that are reasonable and appropriate.(3) In an investigation, the Commission, by written notice, may require an applicant for a foreign games permit to do any one or more of the following:(a) to provide, in accordance with specified directions, any specified information that the Commission considers relevant to the investigation of the application;(b) to produce, in accordance with specified directions, any specified records that the Commission considers relevant to the investigation of the application and to permit examination of the records, the taking of extracts from them and the making of copies of them;(c) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b) ;(d) to provide to the Commission any authorities and consents that the Commission directs for the purpose of enabling the Commission to obtain information (including financial and other confidential information) concerning the person and the person's associates from other persons.(4) In subsection (3) ,specified means specified in the notice referred to in that subsection.(5) If a requirement made under this section is not complied with, the Commission may refuse to continue with the investigation and may refuse to process the application for the foreign games permit.
(1) If a change occurs in the information provided in or in connection with an application for a foreign games permit (including in any documents lodged with the application) before the application is determined, the applicant must give the Commission written particulars of the change as soon as is reasonably practicable.Penalty: Fine not exceeding 60 penalty units.(2) When particulars of the change are given, those particulars then form part of the original application.
77H. Determination of application
(1) After completing its investigation in respect of an application for a foreign games permit, the Commission must determine the application by either granting or refusing to grant the foreign games permit.(2) In determining whether to grant or refuse to grant the foreign games permit, the Commission may take into consideration any matter it considers relevant.(3) The Commission must not grant a foreign games permit if it is not satisfied that the applicant may lawfully conduct the foreign game in the State, Territory, country or part of a country where the foreign game is, or is intended to be, conducted under the authority of a licence, permit or other authorisation held by the applicant and granted or issued in, or in respect of, that State, Territory, country or part of a country.(4) The Commission must not grant a foreign games permit if the applicant has not paid the application fee required by section 77B(2) and any costs the applicant has been required to pay under section 77E .(5) On determining an application, the Commission must give written notice to the applicant of its determination.
Division 4 - Foreign games permit[Division 4 Inserted by No. 66 of 2002, s. 9, Applied:19 Dec 2002]
77I. Issue of foreign games permit
On the grant of an application for a foreign games permit, the Commission must issue to the applicant a foreign games permit.
77J. Authority of foreign games permit
[Section 77J Substituted by No. 9 of 2009, s. 34, Applied:01 Jul 2009](1) Subject to this Act and any conditions specified in a foreign games permit, the foreign games permit authorises –(a) the foreign games permit holder to sell tickets in Tasmania in the foreign games, or in foreign games of a class, specified in the permit; and(b) those tickets to be sold in Tasmania directly by the foreign games permit holder or through an accredited representative.(2) A foreign games permit does not allow the holder of the permit to conduct the activities authorised by a Tasmanian gaming licence.
77K. Foreign games permit subject to conditions
(1) A foreign games permit is subject to any conditions determined by the Commission and specified in, or attached to, it.(2) Without limiting the matters to which conditions may relate, the conditions of a foreign games permit may provide for or relate to –(a) limitations or restrictions on the foreign games in which tickets may be sold in Tasmania; and(b) limitations or restrictions on the sale of tickets in Tasmania; and(c) the keeping of records by the foreign games permit holder and its accredited representatives and the inspection of those records; and(d) the duty of the foreign games permit holder to advise the Commission of –(i) any contraventions of any law, or of any licence or permit held by the foreign games permit holder, in respect of the conduct of the foreign games; and(ii) any variation of the foreign games conducted by the foreign games permit holder or their rules; and(iii) any other matter the Commission considers appropriate; and(e) the equipment used for the purposes of selling tickets in foreign games in Tasmania.(3) The conditions specified in, or attached to, a foreign games permit may adopt wholly or in part, with or without modification and specifically or by reference, any published code, standard or other document, whether the code, standard or other document is published before or after the commencement of this section.(4) A reference in subsection (3) to a code, standard or other document is a reference to that code, standard or other document as amended from time to time.(5) The conditions specified in, or attached to, a foreign games permit form part of the permit.
77L. When foreign games permit takes effect
(1) A foreign games permit takes effect on the day it is granted or on a later day determined by the Commission and specified in it.(2) If a foreign games permit specifies that it is to take effect on a day other than the day the permit is granted, the date on which the permit takes effect may be specified by reference to –(a) a date; or(b) the occurrence of an event; or(c) the fulfilment of a condition; or(d) any other matter the Commission considers appropriate.
77M. Period of foreign games permit
A foreign games permit has effect for the period, not exceeding 5 years, specified in it.
77N. Foreign games permit not transferable
A foreign games permit is not transferable to any other person.
77O. Variation of foreign games permit and conditions
[Section 77O Substituted by No. 15 of 2013, s. 16, Applied:20 Jun 2013](1) The Commission may vary a foreign games permit, and its conditions, at any time.(2) The variation may be effected –(a) on the Commission's own motion, by notice to the foreign games permit holder; or(b) consequent on an application made by the foreign games permit holder.(3) An application for variation must –(a) be in a form approved by the Commission; and(b) specify the variation sought; and(c) contain any information, and be accompanied by any documents, the Commission requires; and(d) be accompanied by the prescribed fee.(4) [Section 77O Subsection (4) omitted by No. 31 of 2021, s. 95, Applied:01 Jul 2023] . . . . . . . .(5) In the case of an application for variation –(a) the Commission may undertake such investigations as it considers appropriate; and(b) the Commission, by written notice to the foreign games permit holder, may require the holder to pay the whole or any part of the reasonable costs of the Commission in investigating and processing the application if those costs exceed the prescribed fee.(6) In the case of an application for variation, the Commission may –(a) approve the application (with or without modification); or(b) refuse the application.
77P. Renewal of foreign games permit
(1) A foreign games permit holder may, within the period of 90 days before the expiration of the current foreign games permit or such longer period as is determined by the Commission, apply to the Commission for the renewal of the permit.(2) An application for renewal must –(a) be in a form approved by the Commission; and(b) contain any information and be accompanied by any documents the Commission requires; and(c) [Section 77P Subsection (2) amended by No. 15 of 2013, s. 17, Applied:20 Jun 2013] be accompanied by the prescribed fee.(3) On receipt of an application for renewal, the Commission may undertake any investigations it considers appropriate.(4) Sections 77C , 77D , 77E , 77F , 77G , 77H and 77I apply, with necessary modification and adaptation, in respect of the investigation, processing and determination of an application for the renewal of a foreign games permit and the issue of the renewed foreign games permit.(5) The Commission may require an applicant to pay the whole or any part of the reasonable costs of the Commission in investigating and processing the application.(6) A requirement under subsection (5) must be made in writing provided to the applicant.(7) If an application for renewal of a current foreign games permit is made in accordance with this section but the Commission does not renew the permit or refuse the renewal before the permit expires, the current foreign games permit continues in force until it is renewed or its renewal is refused.(8) The renewal of a foreign games permit takes effect from the day on which the current foreign games permit was due to expire.(9) If the Commission refuses to renew a foreign games permit, the permit ceases to have effect on the day specified in the refusal.
Division 5 - End of foreign games permit[Division 5 Inserted by No. 66 of 2002, s. 9, Applied:19 Dec 2002]
77Q. When foreign games permit ends
(1) A foreign games permit ceases to have effect –(a) at the end of the period for which the permit has effect under section 77M ; or(b) when the permit is surrendered with the agreement of the Commission; or(c) if the permit is cancelled, on the day specified in the notice of cancellation provided to the holder of the foreign games permit under section 112T(8) ; or(d) 90 days after the day on which the foreign games permit holder dies, becomes bankrupt, takes or applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors, makes an assignment of remuneration for the benefit of creditors, is affected by control action or becomes mentally incapable of conducting a gaming business in the opinion of the Commission unless the permit is continued under section 77S ; or(e) if the permit is continued under section 77S , at the end of the 6 month or shorter period referred to in section 77S(8) .(2) In subsection (1)(d) ,control action means –(a) control action under the Corporations Act within the meaning of section 112S(4) ; and(b) any like action under a corresponding law of another country or part of another country.
77R. Surrender of foreign games permit
(1) A foreign games permit holder may surrender the foreign games permit, by giving written notice to the Commission, if the Commission agrees to the surrender.(2) If a foreign games permit is surrendered, the person who held the permit must return it to the Commission.
77S. Continuation of foreign games permit after death, &c.
(1) Any of the following persons may apply to the Commission to have their name entered as substitute foreign games permit holder on a foreign games permit:(a) a person who is, or intends to become, the legal personal representative of a deceased foreign games permit holder;(b) the guardian or administrator appointed under the Guardianship and Administration Act 1995 in respect of a foreign games permit holder who is a represented person, within the meaning of that Act;(c) the official receiver, trustee or assignee of a foreign games permit holder who becomes bankrupt or takes or applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for the benefit of creditors;(d) a receiver and manager, an administrator, an official liquidator or a provisional liquidator who is appointed in respect of a foreign games permit holder that is a body corporate.(2) An application must –(a) be in a form approved by the Commission; and(b) contain the information required by the Commission; and(c) be accompanied by the documents required by the Commission; and(d) be accompanied by any prescribed fee.(3) The Commission, at its discretion, may refund the whole or part of an application fee.(4) Sections 77C , 77F and 77G apply in respect of an application under this section.(5) If –the Commission must enter the applicant's name as substitute foreign games permit holder on the foreign games permit accordingly.(a) the Commission is satisfied that –(i) the applicant is suitable to hold a foreign games permit; and(ii) the applicant's associates are suitable to be associated with a foreign games permit holder; and(b) the prescribed fee, if any, is paid –(6) If a foreign games permit holder –and no person applies under subsection (1) to have their name entered as substitute foreign games permit holder on the foreign games permit, the Commission may so enter on the permit the name of a person referred to in subsection (1) or any other person nominated by such a person that the Commission considers appropriate if the person whose name is to be so entered agrees to it in writing provided to the Commission.(a) dies; or(b) is affected by control action; or(c) is bankrupt, has taken or applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, has compounded with creditors or made an assignment of remuneration for the benefit of creditors; or(d) becomes a represented person, within the meaning of the Guardianship and Administration Act 1995 , or becomes a like person under a corresponding law of another country or part of another country; or(e) is no longer suitable to hold the foreign games permit –(7) In subsection (6)(b) ,control action means –(a) control action under the Corporations Act within the meaning of section 112S(4) ;and(b) any like action under a corresponding law of another country or part of another country.(8) A person whose name is entered on a foreign games permit as substitute foreign games permit holder under subsection (5) or (6) is taken to be the foreign games permit holder for the period of 6 months, or a shorter period specified by the Commission, after the name is so entered.(9) If the Commission enters a person's name as substitute foreign games permit holder on a foreign games permit, the person whose name was on the permit as foreign games permit holder is no longer the foreign games permit holder in respect of that permit.(10) If the Commission enters a person's name as substitute foreign games permit holder on a foreign games permit under subsection (5) or (6) , it may at the same time amend the permit and give directions in respect of the conduct of business under the permit.
Division 6 - Accredited representatives[Division 6 Inserted by No. 66 of 2002, s. 9, Applied:19 Dec 2002]
77T. When person becomes accredited representative
(1) If an applicant for a foreign games permit notifies the Commission in writing before the determination of the application that it has appointed a person as an accredited representative subject to being granted the foreign games permit, that person becomes the accredited representative of the foreign games permit holder when the foreign games permit takes effect.(2) If a foreign games permit holder appoints a person as an accredited representative, that person becomes the accredited representative of the permit holder when the Commission receives written notice of that appointment or on a later day specified in that notice.
77U. Notification of cessation of position as accredited representative
(1) A foreign games permit holder must notify the Commission in writing of the termination of a person's appointment as an accredited representative within 7 days after that termination.Penalty: Fine not exceeding 50 penalty units.(2) An accredited representative ceases to be an accredited representative when the Commission receives notice under subsection (1) or on a later day specified in that notice.
PART 5 - Control of Gaming
Division 1 - Gaming control relating to approved venues[Section 77 Subsection (1A) inserted by No. 46 of 1996, s. 9 ][Section 77 Substituted by No. 45 of 2001, s. 57, Applied:01 Jul 2001] [Section 77 Repealed by No. 66 of 2002, s. 10, Applied:19 Dec 2002] . . . . . . . .
77V. Approval of certain contracts by Commission
[Section 77V Inserted by No. 66 of 2002, s. 10, Applied:19 Dec 2002](1) In this section –contract includes any kind of agreement or arrangement;relevant contract means –(a) [Section 77V Subsection (1) amended by No. 31 of 2021, s. 96, Applied:01 Jul 2023] a contract between a venue operator and a monitoring operator; and(b) [Section 77V Subsection (1) amended by No. 9 of 2009, s. 35, Applied:01 Jul 2009] a contract between a licensed operator and a manufacturer or supplier listed on the Roll; and(c) [Section 77V Subsection (1) amended by No. 9 of 2009, s. 35, Applied:01 Jul 2009] [Section 77V Subsection (1) amended by No. 31 of 2021, s. 96, Applied:01 Jul 2023] a contract between a totalizator operator and another person under section 76ZZ ; and(d) [Section 77V Subsection (1) amended by No. 45 of 2019, s. 12, Applied:12 Dec 2019] [Section 77V Subsection (1) amended by No. 31 of 2021, s. 96, Applied:01 Jul 2023] a contract between a licensed operator or licensed provider and a person who provides services relating to gaming or a gaming activity; and(e) [Section 77V Subsection (1) amended by No. 31 of 2021, s. 96, Applied:01 Jul 2023] a contract between a venue operator and a keno operator; and(f) [Section 77V Subsection (1) amended by No. 31 of 2021, s. 96, Applied:01 Jul 2023] a contract of a type prescribed for the purposes of this definition;standard form contract means –(a) a relevant contract that is in a form which has been approved by the Commission as a standard form for a relevant contract; and(b) [Section 77V Subsection (1) amended by No. 31 of 2021, s. 19, Applied:16 Dec 2021] a relevant contract that is substantially the same as a relevant contract that is in a form which has been approved by the Commission as a standard form for a relevant contract.(2) A relevant contract that is not a standard form contract is of no effect unless it has been approved by the Commission.(3) The Commission may exempt from the operation of subsection (2) any particular relevant contract and any relevant contract of a particular class of relevant contracts.(4) [Section 77V Subsection (4) amended by No. 31 of 2021, s. 19, Applied:16 Dec 2021] In approving a standard form for a relevant contract or determining whether to grant an approval for the purposes of subsection (2) , the Commission must not approve that standard form or give that approval if, in its opinion, to do so would result in a relevant contract that –(a) is harsh and unconscionable; or(b) is not in the public interest; or(c) [Section 77V Subsection (4) amended by No. 75 of 2009, s. 17, Applied:07 Dec 2009] jeopardises the integrity and conduct of gaming or gaming activities; or(d) is in breach of this Act.(4A) [Section 77V Subsection (4A) inserted by No. 45 of 2019, s. 12, Applied:12 Dec 2019] An approval granted for the purposes of subsection (2) may be subject to such conditions as the Commission considers appropriate.(4B) [Section 77V Subsection (4B) inserted by No. 31 of 2021, s. 19, Applied:16 Dec 2021] The parties to a relevant contract that has been approved by the Commission under subsection (2) must comply with any conditions of that approval under subsection (4A) .Penalty: Fine not exceeding 2 500 penalty units.(5) [Section 77V Subsection (5) inserted by No. 9 of 2009, s. 35, Applied:01 Jul 2009] Subsection (2) in its application to relevant contracts of the kind referred to in paragraph (c) of the definition of relevant contract in subsection (1) , applies only to contracts entered into after the commencement of the Gaming Control Amendment Act 2009 .(6) [Section 77V Subsection (6) inserted by No. 31 of 2021, s. 19, Applied:16 Dec 2021] The regulations may prescribe conditions to which all or specified relevant contracts, or specified classes of relevant contracts, are subject.(7) [Section 77V Subsection (7) inserted by No. 31 of 2021, s. 19, Applied:16 Dec 2021] If the regulations prescribe conditions under subsection (6) that apply in respect of a relevant contract –(a) the relevant contract, whether entered into before or after the prescribing of the conditions, is taken to contain the conditions; and(b) if one of the conditions prescribed is inconsistent with another condition of the relevant contract (the contract condition), the contract condition is, to the extent of the inconsistency, void and unenforceable.
78. Rectification order as precursor to disciplinary action
[Section 78 Subsection (1) amended by No. 45 of 2001, s. 58, Applied:01 Jul 2001] [Section 78 Substituted by No. 13 of 2006, s. 17, Applied:20 Sep 2006](1) Before taking disciplinary action against a prescribed licence holder under section 112T , the Commission may direct the prescribed licence holder in writing to take specified action within a specified time to rectify the matter which constitutes the grounds for the disciplinary action concerned.(2) If a prescribed licence holder referred to in subsection (1) fails to take the specified action within the specified time, the Commission may take disciplinary action in accordance with section 112T .
(1) [Section 79 Subsection (1) amended by No. 31 of 2021, s. 97, Applied:01 Jul 2023] The Commission may approve the rules under which a game of keno is to be conducted by a licensed operator.(2) [Section 79 Subsection (2) amended by No. 31 of 2021, s. 97, Applied:01 Jul 2023] Where the Commission approves the rules under which keno is to be conducted, it must supply a copy of those rules to the licensed operator and to the venue operator who is authorized to accept wagers for the games of keno.(3) [Section 79 Subsection (3) amended by No. 31 of 2021, s. 97, Applied:01 Jul 2023] A licensed operator and a venue operator must not permit a game of keno to be conducted or played unless the game is conducted or played in accordance with the rules of the game approved by the Commission.Penalty: Fine not exceeding 100 penalty units.(4) [Section 79 Subsection (4) amended by No. 31 of 2021, s. 97, Applied:01 Jul 2023] At the request of the licensed operator or on its own volition, the Commission may repeal, revoke, rescind, amend, alter or vary a rule approved under subsection (1) .(5) The Commission must not take action of its own volition under subsection (4) unless the action is in the public interest or for the proper conduct of gaming.(6) [Section 79 Subsection (6) amended by No. 31 of 2021, s. 97, Applied:01 Jul 2023] The Commission must notify, in writing, the licensed operator of any repeal, revocation, rescission, amendment, alteration or variation of the rules under which the game of keno is to be conducted.(7) [Section 79 Subsection (7) substituted by No. 31 of 2021, s. 97, Applied:01 Jul 2023] As soon as practicable after receipt of notification under subsection (6) , the licensed operator is to notify each venue operator participating in the game of keno conducted by that licensed operator.(8) A repeal, revocation, rescission, amendment, alteration or variation takes effect on the date that the Commission gives notice under subsection (6) .
80. Approval of gaming machine types and games
(1) [Section 80 Subsection (1) substituted by No. 31 of 2021, s. 98, Applied:01 Jul 2023] A person may apply to the Commission for the approval of a machine type or a machine game.(1A) [Section 80 Subsection (1A) inserted by No. 31 of 2021, s. 98, Applied:01 Jul 2023] An application under subsection (1) must be in a form approved by the Commission and must be accompanied by the prescribed fee.(1B) [Section 80 Subsection (1B) inserted by No. 31 of 2021, s. 98, Applied:01 Jul 2023] On receipt of an application under subsection (1) , the Commission is to conduct an evaluation of the machine type or machine game.(2) [Section 80 Subsection (2) amended by No. 31 of 2021, s. 98, Applied:01 Jul 2023] The Commission may require a person who submits an application under subsection (1) to provide any additional information or material that the Commission considers necessary for the evaluation and to pay the costs incurred by the Commission in undertaking the evaluation.(2A) [Section 80 Subsection (2A) amended by No. 31 of 2021, s. 98, Applied:01 Jul 2023] [Section 80 Subsection (2A) inserted by No. 46 of 1996, s. 10 ]The Commission may require rules under which a machine game is to be played.(2B) [Section 80 Subsection (2B) amended by No. 31 of 2021, s. 98, Applied:01 Jul 2023] [Section 80 Subsection (2B) inserted by No. 46 of 1996, s. 10 ]If the Commission requires rules under which a machine game is to be played, the Commission may–(a) approve the rules; or(b) refuse to approve the rules.(2C) [Section 80 Subsection (2C) inserted by No. 46 of 1996, s. 10 ][Section 80 Subsection (2C) substituted by No. 31 of 2021, s. 98, Applied:01 Jul 2023] A venue operator, casino operator or monitoring operator must not permit a machine game that requires rules under this section to be played in the venue unless the machine game is played in accordance with those rules as approved by the Commission.Penalty: Fine not exceeding 1 000 penalty units.(3) [Section 80 Subsection (3) amended by No. 31 of 2021, s. 98, Applied:01 Jul 2023] If a machine type or machine game that is the subject of an application under subsection (1) is considered by the Commission to be suitable for use in gaming, the Commission must approve the machine type or game subject to such conditions (if any) as it determines.(4) [Section 80 Subsection (4) amended by No. 31 of 2021, s. 98, Applied:01 Jul 2023] The Commission must reject all machine types or machine games that are the subject of an application under subsection (1) which it considers are not suitable for gaming.(5) [Section 80 Subsection (5) amended by No. 31 of 2021, s. 98, Applied:01 Jul 2023] If a machine type or a machine game differs in any material particular from the machine type or game approved by the Commission, the machine type or machine game ceases to be approved under this section.(6) [Section 80 Subsection (6) inserted by No. 46 of 1996, s. 10 ]The Commission may repeal or vary any rules approved under subsection (2B) .(7) [Section 80 Subsection (7) inserted by No. 31 of 2021, s. 98, Applied:01 Jul 2023] The holder of a general casino licence must not permit –(a) a gaming machine or an FATG machine to be installed in a casino unless that type of gaming machine or FATG machine has been approved by the Commission under subsection (3) ; or(b) a machine game to be installed on a gaming machine or an FATG machine in a casino unless that game has been approved by the Commission under subsection (3) .Penalty: Fine not exceeding 1 000 penalty units.(8) [Section 80 Subsection (8) inserted by No. 31 of 2021, s. 98, Applied:01 Jul 2023] A venue operator or monitoring operator must not permit –(a) a gaming machine to be installed in a venue unless that type of gaming machine has been approved by the Commission under subsection (3) ; or(b) a machine game to be installed on a gaming machine in a venue unless that machine game has been approved by the Commission under subsection (3) .Penalty: Fine not exceeding 1 000 penalty units.
81. Approval of other gaming equipment
(1) [Section 81 Subsection (1) substituted by No. 102 of 1999, s. 17, Applied:22 Dec 1999] In this section,gaming equipment does not include –(a) [Section 81 Subsection (1) amended by No. 31 of 2021, s. 99, Applied:01 Jul 2023] machine types; and(b) [Section 81 Subsection (1) amended by No. 31 of 2021, s. 99, Applied:01 Jul 2023] machine games; and(c) gaming equipment used, or proposed to be used, by a licensed provider.(2) [Section 81 Subsection (2) substituted by No. 31 of 2021, s. 99, Applied:01 Jul 2023] A person may apply to the Commission for the approval of particular gaming equipment or gaming equipment of a specified class or description.(2A) [Section 81 Subsection (2A) inserted by No. 31 of 2021, s. 99, Applied:01 Jul 2023] An application under subsection (2) must be in a form approved by the Commission and must be accompanied by the prescribed fee.(2B) [Section 81 Subsection (2B) inserted by No. 31 of 2021, s. 99, Applied:01 Jul 2023] On receipt of an application under subsection (2) , the Commission is to conduct an evaluation of the gaming equipment or the gaming equipment of a specified class or description.(2C) [Section 81 Subsection (2C) inserted by No. 31 of 2021, s. 99, Applied:01 Jul 2023] The Commission may require rules under which gaming equipment is to be operated.(2D) [Section 81 Subsection (2D) inserted by No. 31 of 2021, s. 99, Applied:01 Jul 2023] If the Commission requires rules under which gaming equipment is to be operated, the Commission may –(a) approve the rules; or(b) refuse to approve the rules.(2E) [Section 81 Subsection (2E) inserted by No. 31 of 2021, s. 99, Applied:01 Jul 2023] The Commission may repeal or vary any rules approved under subsection (2D) .(2F) [Section 81 Subsection (2F) inserted by No. 31 of 2021, s. 99, Applied:01 Jul 2023] A casino operator, venue operator, keno operator, minor gaming operator or monitoring operator must not permit gaming equipment that requires rules under this section to be operated unless the gaming equipment is operated in accordance with those rules as approved by the Commission.Penalty: Fine not exceeding 1000 penalty units.(3) [Section 81 Subsection (3) amended by No. 31 of 2021, s. 99, Applied:01 Jul 2023] The Commission may require a person who applies under subsection (2) to provide any additional information or material that the Commission considers necessary for the evaluation and to pay the costs incurred by the Commission in undertaking the evaluation.(4) [Section 81 Subsection (4) amended by No. 31 of 2021, s. 99, Applied:01 Jul 2023] If particular gaming equipment or gaming equipment of a specified class or description that is the subject of an application under subsection (2) is considered by the Commission to be suitable for use in gaming, the Commission must approve the particular gaming equipment or class or description of gaming equipment subject to such conditions (if any) as it determines.(5) [Section 81 Subsection (5) amended by No. 31 of 2021, s. 99, Applied:01 Jul 2023] The Commission must reject all gaming equipment that is the subject of an application under subsection (2) which it considers is not suitable for gaming.(6) If gaming equipment differs in any material particular from the gaming equipment approved by the Commission, the gaming equipment ceases to be approved under this section.(7) [Section 81 Subsection (7) inserted by No. 31 of 2021, s. 99, Applied:01 Jul 2023] A casino operator, venue operator, keno operator, minor gaming operator or monitoring operator must not permit gaming equipment to be installed in a venue unless –(a) the gaming equipment has been approved by the Commission under subsection (4); or(b) the gaming equipment is of a specified class or description of gaming equipment that has been approved by the Commission under subsection (4).Penalty: Fine not exceeding 1000 penalty units.
82. Purchase of gaming equipment from person not listed on Roll
(1) [Section 82 Subsection (1) amended by No. 31 of 2021, s. 100, Applied:01 Jul 2023] A licensed operator, venue operator or monitoring operator may apply in writing to the Commission for a permit to purchase or obtain gaming equipment of a type approved by the Commission under section 81 from a person who is not listed on the Roll.(2) [Section 82 Subsection (2) substituted by No. 45 of 2001, s. 59, Applied:01 Jul 2001] A permit granted by the Commission under this section is subject to the conditions determined by the Commission and specified in the permit.(3) A permit granted by the Commission under this section remains in force until it is revoked.
(1) [Section 83 Subsection (1) amended by No. 31 of 2021, s. 101, Applied:01 Jul 2023] The Commission may withdraw the approval of an approved machine type or machine game or other gaming equipment if the Commission considers it necessary or appropriate in the public interest or for the proper conduct of gaming.(2) [Section 83 Subsection (2) amended by No. 31 of 2021, s. 101, Applied:01 Jul 2023] If approval is withdrawn under subsection (1) , the Commission must give written notice of the withdrawal to–and must specify in the notice the time within which the machine type or machine game or gaming equipment type must be removed from use.(a) [Section 83 Subsection (2) amended by No. 31 of 2021, s. 101, Applied:01 Jul 2023] the person who submitted the machine type or machine game under section 80 or gaming equipment under section 81 ; and(b) [Section 83 Subsection (2) amended by No. 31 of 2021, s. 101, Applied:01 Jul 2023] casino operators, venue operators, keno operators and monitoring operators using any gaming machine or FATG machine of that machine type or including that game or any other gaming equipment of that gaming equipment type–(3) [Section 83 Subsection (3) amended by No. 31 of 2021, s. 101, Applied:01 Jul 2023] If approval is withdrawn under subsection (1) , the Commission must allow a casino operator, venue operator, keno operator or monitoring operator a reasonable time within which to remove the machine type or machine game or gaming equipment type from use unless there is an immediate threat to the public interest.(4) [Section 83 Subsection (4) amended by No. 31 of 2021, s. 101, Applied:01 Jul 2023] Subject to subsection (3) , a casino operator, venue operator or monitoring operator must not permit a gaming machine or an FATG machine to be played if–(a) the machine is of a type in respect of which the Commission has withdrawn approval under subsection (1) ; and(b) notice has been given under subsection (2) .Penalty: Fine not exceeding 1 000 penalty units.(5) [Section 83 Subsection (5) amended by No. 31 of 2021, s. 101, Applied:01 Jul 2023] Subject to subsection (3) , a casino operator, venue operator, keno operator or monitoring operator must not permit gaming equipment to be used if–(a) it is of a type in respect of which the Commission has withdrawn approval under subsection (1) ; and(b) notice has been given under subsection (2) .Penalty: Fine not exceeding 1 000 penalty units.(6) [Section 83 Subsection (6) amended by No. 31 of 2021, s. 101, Applied:01 Jul 2023] Subject to subsection (3) , a casino operator, venue operator or monitoring operator must not permit a machine game to be played if–(a) the Commission has withdrawn approval of that game under subsection (1) ; and(b) notice has been given under subsection (2) .Penalty: Fine not exceeding 1 000 penalty units.
84. Approval of jackpots and linked jackpot arrangements
(1) The Commission may –(a) approve a jackpot or a linked jackpot arrangement; and(b) approve the rules under which a jackpot or linked jackpot arrangement is to operate.(2) The Commission must not approve a jackpot or linked jackpot arrangement unless it has approved the rules under which it is to operate.(3) [Section 84 Subsection (3) substituted by No. 31 of 2021, s. 102, Applied:01 Jul 2023] If the Commission approves a jackpot or linked jackpot arrangement, it must –(a) notify the relevant prescribed licence holder of its approval; and(b) publish a copy of the rules relating to the jackpot or linked jackpot arrangement on a website maintained by or on behalf of the Commission.(4) [Section 84 Subsection (4) amended by No. 31 of 2021, s. 102, Applied:01 Jul 2023] A licensed operator, venue operator or monitoring operator must not permit a jackpot or linked jackpot arrangement to operate in an approved venue unless–(a) [Section 84 Subsection (4) amended by No. 31 of 2021, s. 102, Applied:01 Jul 2023] the Commission has approved the jackpot or linked jackpot arrangement; and(b) the jackpot or linked jackpot arrangement is operated in accordance with the rules approved by the Commission.Penalty: [Section 84 Subsection (4) amended by No. 31 of 2021, s. 102, Applied:01 Jul 2023] Fine not exceeding 1 000 penalty units.(4A) [Section 84 Subsection (4A) inserted by No. 31 of 2021, s. 102, Applied:01 Jul 2023] Subsection (4) does not apply in respect of a jackpot or linked jackpot arrangement if that arrangement has been included in machine game rules, or gaming equipment, that have or has been approved by the Commission under section 80 or 81.(5) [Section 84 Subsection (5) amended by No. 31 of 2021, s. 102, Applied:01 Jul 2023] A licensed operator, venue operator and monitoring operator must accumulate contributions to a jackpot prize pool established under a jackpot or linked jackpot arrangement in accordance with this Act.(6) [Section 84 Subsection (6) amended by No. 31 of 2021, s. 102, Applied:01 Jul 2023] At the request of the relevant prescribed licence holder or on its own volition, the Commission may repeal, revoke, rescind, amend, alter or vary a rule approved under subsection (1) .(7) The Commission must not take action of its own volition under subsection (6) unless the action is in the public interest or for the proper conduct of gaming.(8) [Section 84 Subsection (8) amended by No. 31 of 2021, s. 102, Applied:01 Jul 2023] The Commission must notify in writing the relevant prescribed licence holder of any repeal, revocation, rescission, amendment, alteration or variation of the rules approved under subsection (1) .(9) [Section 84 Subsection (9) omitted by No. 31 of 2021, s. 102, Applied:01 Jul 2023] . . . . . . . .(10) A repeal, revocation, rescission, amendment, alteration or variation takes effect on the date that the Commission gives notice under subsection (8) .
85. Removal of jackpot prize pool from venue
[Section 85 Subsection (3) amended by No. 11 of 1998, s. 16, Applied:22 May 1998] [Section 85 Substituted by No. 31 of 2021, s. 103, Applied:01 Jul 2023](1) The Commission may approve alternative arrangements for the return to players of the prize pool for a jackpot if the jackpot prize pool is removed from an approved venue and the casino operator, venue operator or monitoring operator is not able to add the jackpot prize pool to a new or existing jackpot prize pool at the venue.(2) A casino operator, venue operator or monitoring operator who removes a jackpot prize pool from an approved venue must comply with any alternative arrangements approved by the Commission under subsection (1) for the return of that jackpot prize pool.Penalty: Fine not exceeding 1 000 penalty units.(3) If, for any reason, it is not practicable to return a jackpot prize pool to players under alternative arrangements approved under subsection (1) , the casino operator, venue operator or monitoring operator who removed the jackpot prize pool from the venue must deal with that jackpot prize pool in the prescribed manner.Penalty: Fine not exceeding 1 000 penalty units.
86. Gaming prohibited on unprotected devices
[Section 86 Substituted by No. 31 of 2021, s. 103, Applied:01 Jul 2023](1) A casino operator or a venue operator must not permit gaming on a gaming machine or an FATG machine unless the computer cabinet of the gaming machine or FATG machine is securely sealed with a seal in accordance with any prescribed procedures.Penalty: Fine not exceeding 400 penalty units or imprisonment for a term not exceeding 2 years, or both.(2) At any time when a seal on a computer cabinet has been broken, the casino operator or venue operator must not permit gaming on the gaming machine or FATG machine until the gaming machine or FATG machine has been resealed in accordance with any prescribed procedures.Penalty: Fine not exceeding 400 penalty units or imprisonment for a term not exceeding 2 years, or both.
87. Unlawful interference with gaming equipment
[Section 88 Repealed by No. 31 of 2021, s. 105, Applied:01 Jul 2023] . . . . . . . .(1) A person must not –(a) be in possession of any device made or adapted, or intended by the person to be used, for interfering with the normal operation of gaming equipment; or(b) do any act or thing calculated, or likely, to interfere with the normal operation of gaming equipment; or(c) [Section 87 Subsection (1) amended by No. 31 of 2021, s. 104, Applied:01 Jul 2023] insert, or cause to be inserted, in a gaming machine or FATG machine any thing other than a gaming token of the denomination or type displayed on the gaming machine or FATG machine as a gaming token to be used in order to operate or gain credit on the gaming machine or FATG machine.Penalty: Fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 4 years or both.(2) If a police officer believes on reasonable grounds that a person has committed an offence under subsection (1) , the police officer may search the person for any device or thing that the police officer suspects was used in the commission of the offence.(3) [Section 87 Subsection (3) amended by No. 31 of 2021, s. 104, Applied:01 Jul 2023] Subsection (1) does not prohibit the possession in an approved venue of any thing referred to in subsection (1) (a) by a casino operator or a venue operator, an agent of the casino operator or the venue operator, a special employee, an inspector or a police officer if the thing has been seized by any of those persons from another person for use as evidence in proceedings for an offence under that subsection.(4) On the conviction of a person for an offence under subsection (1) , any device used or intended to be used for interfering with the normal operation of gaming equipment is forfeited to the Crown.
89. Profits from gaming machines
[Section 89 Substituted by No. 31 of 2021, s. 106, Applied:01 Jul 2023] A venue operator must not allow a person to participate in any profits derived from gaming machines operated at the licensed premises unless that person is the venue operator or an associate of the venue operator.Penalty: Fine not exceeding 5 000 penalty units.
90. Installation and storage of gaming equipment
(1) [Section 90 Subsection (1) substituted by No. 31 of 2021, s. 107, Applied:01 Jul 2023] A venue owner, venue operator, casino operator, monitoring operator or keno operator who obtains gaming equipment must cause the equipment to be installed, or stored and secured, in accordance with any prescribed requirements.(2) [Section 90 Subsection (2) substituted by No. 31 of 2021, s. 107, Applied:01 Jul 2023] A casino operator or venue operator must not allow any person to use gaming equipment for the conduct of gaming at the casino or venue if the gaming equipment has not been installed in accordance with any prescribed requirements.Penalty: Fine not exceeding 1 000 penalty units.(3) [Section 90 Subsection (3) omitted by No. 31 of 2021, s. 107, Applied:01 Jul 2023] . . . . . . . .(4) [Section 90 Subsection (4) omitted by No. 31 of 2021, s. 107, Applied:01 Jul 2023] . . . . . . . .
(1) [Section 91 Subsection (1) amended by No. 9 of 2009, s. 36, Applied:01 Jul 2009] The Commission may make rules for the conduct of gaming or gaming activities with respect to–(a) [Section 91 Subsection (1) amended by No. 11 of 1998, s. 17, Applied:22 May 1998] [Section 91 Subsection (1) amended by No. 9 of 2009, s. 36, Applied:01 Jul 2009] entry to gaming or wagering areas; and(b) [Section 91 Subsection (1) amended by No. 11 of 1998, s. 18, Applied:22 May 1998] [Section 91 Subsection (1) amended by No. 9 of 2009, s. 36, Applied:01 Jul 2009] dress requirements in gaming or wagering areas; and(c) [Section 91 Subsection (1) amended by No. 11 of 1998, s. 18, Applied:22 May 1998] [Section 91 Subsection (1) amended by No. 9 of 2009, s. 36, Applied:01 Jul 2009] sobriety in gaming or wagering areas; and(d) [Section 91 Subsection (1) amended by No. 9 of 2009, s. 36, Applied:01 Jul 2009] security in the premises used for gaming or wagering; and(e) [Section 91 Subsection (1) amended by No. 9 of 2009, s. 36, Applied:01 Jul 2009] services provided by prescribed licence holders; and(f) procedures for the resolution of disputes concerning payment of winnings; and(g) [Section 91 Subsection (1) amended by No. 9 of 2009, s. 36, Applied:01 Jul 2009] exclusion of persons from premises used for gaming or wagering; and(ga) [Section 91 Subsection (1) amended by No. 75 of 2009, s. 18, Applied:07 Dec 2009] [Section 91 Subsection (1) amended by No. 31 of 2021, s. 108, Applied:01 Jul 2023] access to cash or the use of gaming tokens in approved venues, approved outlets and approved locations; and(h) [Section 91 Subsection (1) amended by No. 9 of 2009, s. 36, Applied:01 Jul 2009] [Section 91 Subsection (1) amended by No. 31 of 2021, s. 108, Applied:01 Jul 2023] any other matter that is prescribed for the purposes of this section as being relevant to the conduct of gaming or gaming activities.(2) [Section 91 Subsection (2) amended by No. 9 of 2009, s. 36, Applied:01 Jul 2009] The Commission may make different rules for different classes of licences.(3) The Commission may repeal, revoke, rescind, amend, alter or vary a rule made under subsection (1) .(4) [Section 91 Subsection (4) amended by No. 9 of 2009, s. 36, Applied:01 Jul 2009] The Commission must notify in writing each prescribed licence holder of rules made under this section and any repeal, revocation, rescission, amendment, alteration or variation of those rules.(5) A repeal, revocation, rescission, amendment, alteration or variation takes effect on the date that the Commission gives notice under subsection (4) .
92. Rules to be displayed and enforced
[Section 93 Repealed by No. 45 of 2001, s. 60, Applied:01 Jul 2001] . . . . . . . .(1) [Section 92 Subsection (1) substituted by No. 9 of 2009, s. 37, Applied:01 Jul 2009] A prescribed licence holder must ensure that a copy of any rules made by the Commission under section 91 , as from time to time in force, is available for free public inspection at –(a) each licensed premises; and(b) each approved location; and(c) if the prescribed licence holder is a totalizator operator, each approved outlet.Penalty: Fine not exceeding 25 penalty units.(2) [Section 92 Subsection (2) amended by No. 9 of 2009, s. 37, Applied:01 Jul 2009] A prescribed licence holder must enforce or cause to be enforced rules made under section 91 .Penalty: Fine not exceeding 25 penalty units.
(1) [Section 94 Subsection (1) amended by No. 15 of 2013, s. 18, Applied:20 Jun 2013] [Section 94 Subsection (1) amended by No. 45 of 2001, s. 61, Applied:01 Jul 2001] Any person who holds a licence under this Act must not make a loan or extend credit in any form to any person (including himself, herself or itself) to enable that person or any other person to participate in a game, gaming or a gaming activity in an approved venue.Penalty: Fine not exceeding 100 penalty units.(2) [Section 94 Subsection (2) amended by No. 31 of 2021, s. 109, Applied:01 Jul 2023] The Commission must notify in writing each casino operator and venue operator of the time within which the casino operator and venue operator must bank a cheque accepted by that operator in the course of the conduct of gaming.(3) [Section 94 Subsection (3) amended by No. 31 of 2021, s. 109, Applied:01 Jul 2023] A casino operator or venue operator must, within the time notified to it under subsection (2) , bank a cheque accepted by that operator in the course of the conduct of gaming.Penalty: Fine not exceeding 100 penalty units.(4) [Section 94 Subsection (4) amended by No. 31 of 2021, s. 109, Applied:01 Jul 2023] A casino operator or venue operator must not agree to the redemption of a cheque accepted by that operator in the course of the conduct of gaming for the purpose of avoiding compliance with subsection (3) .Penalty: Fine not exceeding 100 penalty units.(5) [Section 94 Subsection (5) inserted by No. 15 of 2013, s. 18, Applied:20 Jun 2013] In this section –approved venue includes approved location and approved outlet.
[Section 95 Amended by No. 31 of 2021, s. 110, Applied:01 Jul 2023] A casino operator or venue operator must cause all transactions in respect of the sale or redemption of gaming tokens or gaming chips in the approved venue to be carried out in a manner that ensures the integrity of the transactions.Penalty: Fine not exceeding 100 penalty units.
96. Electronic monitoring system to be in place
[Section 96 Substituted by No. 31 of 2021, s. 111, Applied:01 Jul 2023](1) It is a condition of a venue licence that machine games are not to be played on gaming equipment in the relevant licensed premises unless the machine game is connected to an electronic monitoring system approved by the Commission under section 48Y as suitable for use in monitoring licence operations associated with such games.(2) It is a condition of a monitoring operator’s licence that any machine games installed on gaming equipment in licensed premises by the monitoring operator are to be connected to an electronic monitoring system approved by the Commission under section 48Y as suitable for use in monitoring licence operations associated with such games.(3) It is a condition of a general casino licence that machine games are not to be played in the casino unless the machine game is connected to an electronic monitoring system approved by the Commission under section 81 as suitable for use in monitoring operations associated with such games.(4) It is a condition of a keno operator’s licence that any gaming equipment used for the sale of tickets in keno that is installed in licensed premises by the keno operator is connected to an electronic monitoring system approved by the Commission under section 81 as suitable for use in monitoring operations associated with such equipment.
97. Malfunction of gaming equipment
(1) [Section 97 Subsection (1) amended by No. 31 of 2021, s. 112, Applied:01 Jul 2023] A venue operator, casino operator or special employee must refuse to pay, or to allow payment to be made to, a person in respect of a wager made or gaming machine credits accumulated on gaming equipment if the venue operator, casino operator or special employee reasonably suspects that the gaming equipment failed to function in the manner in which it was designed and programmed to function.(2) [Section 97 Subsection (2) amended by No. 31 of 2021, s. 112, Applied:01 Jul 2023] A special employee who refuses to pay or to allow payment to be made to a person in the circumstances referred to in subsection (1) must inform the venue operator and the monitoring operator or casino operator, if applicable, as soon as practicable after the refusal.(3) [Section 97 Subsection (3) substituted by No. 31 of 2021, s. 112, Applied:01 Jul 2023] In the event of a dispute over a refusal to pay in the circumstances referred to in subsection (1) , the venue operator or casino operator must, together with the monitoring operator (if applicable), resolve the dispute in accordance with procedures approved by the Commission under section 97A.
97A. Complaints regarding gaming and gaming equipment
[Section 97A Inserted by No. 31 of 2021, s. 113, Applied:01 Jul 2023](1) If a person has a reasonable belief that gaming equipment or the conduct of gaming at a casino, hotel or licensed club is not operating or being undertaken correctly, that person may –(a) in the case of gaming equipment or the conduct of gaming at a casino, make a written complaint to the casino operator; or(b) in the case of the conduct of gaming at a hotel or a licensed club, make a written complaint to the venue operator; or(c) in any case make a written complaint to the Commission.(2) If a casino operator or a venue operator receives a complaint under subsection (1), that operator may refer the complaint as follows:(a) in the case of a complaint to a casino operator or a venue operator in relation to the game of keno, from the relevant operator to the keno operator;(b) in the case of a complaint to a venue operator in relation to the operation of gaming machines, from the venue operator to the monitoring operator.(3) A complaint under subsection (1) must –(a) state the complainant's name and address; and(b) give details of the complaint and the matters giving rise to the complaint.(4) As soon as practicable after receiving a complaint under subsection (1), the casino operator or venue operator must investigate the complaint or refer the complaint in accordance with subsection (2).Penalty: Fine not exceeding 60 penalty units.(5) As soon as practicable after receiving a complaint under subsection (1), the Commission must –(a) investigate the complaint in accordance with section 132; or(b) if the Commission considers it appropriate, refer the complaint to the relevant casino operator, venue operator, monitoring operator or keno operator.(6) As soon as practicable after receiving a referral under subsection (2) or (5), the relevant casino operator, venue operator, monitoring operator or keno operator must investigate the complaint.Penalty: Fine not exceeding 60 penalty units.(7) Subject to subsection (8), a casino operator, venue operator, monitoring operator or keno operator who is responsible under subsection (4) or (6) for investigating a complaint must, within 21 days of receiving that complaint, give written notice of the result of the investigation to –(a) the complainant; and(b) in the case of a referral under subsection (2)(a) or (b), the relevant casino operator or venue operator; and(c) the Commission.Penalty: Fine not exceeding 60 penalty units.(8) The Commission may extend the period referred to in subsection (7) if it considers it appropriate to do so.(9) If a complainant or a venue operator is aggrieved by the result of an investigation conducted by a casino operator, venue operator, monitoring operator or keno operator under this section, the complainant or venue operator may, by written notice, request the Commission to investigate the complaint.(10) As soon as practicable after receiving a request to investigate a complaint under subsection (9), the Commission must investigate the complaint.(11) The Commission must give written notice of the result of the Commission's investigation under subsection (10) to the complainant, any relevant venue operator and the relevant casino operator, monitoring operator or keno operator.(12) A decision of the Commission under subsection (11) is binding on the following persons:(a) the complainant;(b) any relevant venue operator, casino operator, monitoring operator or keno operator.(13) In conducting an investigation for the purposes of this section, the Commission has the powers of an inspector specified in section 133.(14) In this section –complainant means a person who makes a complaint in relation to the operation of gaming equipment or the conduct of gaming under subsection (1).
98. Defective gaming equipment not allowed
(1) [Section 98 Subsection (1) amended by No. 31 of 2021, s. 114, Applied:01 Jul 2023] A venue operator, casino operator, keno operator or monitoring operator must not allow gaming equipment that–to be played, other than for testing purposes, until it is functioning in the manner in which it was designed and programmed to function.(a) [Section 98 Subsection (1) amended by No. 31 of 2021, s. 114, Applied:01 Jul 2023] is installed in the approved venue of a venue operator or casino operator; and(b) does not function in the manner in which it was designed and programmed to function–Penalty: Fine not exceeding 100 penalty units.(1A) [Section 98 Subsection (1A) amended by No. 31 of 2021, s. 114, Applied:01 Jul 2023] [Section 98 Subsection (1A) inserted by No. 11 of 1998, s. 18, Applied:22 May 1998] A person listed on the Roll who manufactures approved gaming equipment or supplies approved gaming equipment to a prescribed licence holder which does not function in the manner in which it was designed and programmed to function or to a standard approved by the Commission is guilty of an offence.Penalty: Fine not exceeding 100 penalty units.(2) It is a defence to a prosecution for an offence against subsection (1) for the defendant to prove that he or she –(a) [Section 98 Subsection (2) amended by No. 31 of 2021, s. 114, Applied:01 Jul 2023] had taken all reasonable precautions to ensure that the gaming equipment was functioning in the manner in which it was designed and programmed to function; and(b) [Section 98 Subsection (2) amended by No. 31 of 2021, s. 114, Applied:01 Jul 2023] at the time of the alleged offence, did not know, and ought not to have known, that the gaming equipment was not functioning in the manner in which it was designed and programmed to function.
99. Removal of certain persons
[Section 99 Substituted by No. 9 of 2009, s. 38, Applied:01 Jul 2009](1) A prescribed licence holder may remove from, or refuse entry to, any facility any person who –(a) breaches rules made by the Commission under section 91 ; or(b) [Section 99 Subsection (1) amended by No. 31 of 2021, s. 115, Applied:01 Jul 2023] damages or physically abuses a gaming machine, FATG machine or gaming equipment at that facility; or(c) behaves in a manner likely to cause offence to other persons; or(d) is suspected on reasonable grounds of being in the facility for the purpose of committing an offence or aiding another person to commit an offence against this Act.(2) A prescribed licence holder may use no more force than is reasonably necessary to remove a person under subsection (1) .(3) In this section –facility includes approved venue, approved location and approved outlet;prescribed licence holder includes any agent of the prescribed licence holder.
100. Detention of suspected persons
(1) [Section 100 Subsection (1) amended by No. 9 of 2009, s. 39, Applied:01 Jul 2009] An inspector who suspects on reasonable grounds that a person who is in a facility is contravening or attempting to contravene a provision of this or any other Act or has contravened any such provision may detain the suspected person in a suitable place in or near the facility until the arrival at the place of detention of a police officer.(2) [Section 100 Subsection (2) substituted by No. 9 of 2009, s. 39, Applied:01 Jul 2009] A prescribed licence holder who suspects on reasonable grounds that a person in any facility of the prescribed licence holder is contravening or attempting to contravene section 252A or 264 of the Criminal Code or a prescribed provision of this Act or has contravened any such section or provision may detain the suspected person in a suitable place in or near the facility until the arrival at the place of detention of a police officer.(3) A person may not be detained under this section unless –(a) no more force is used than is reasonably necessary; and(b) the person detained is informed of the reasons for the detention; and(c) the person effecting the detention immediately notifies a police officer of the detention and the reasons for the detention.(4) [Section 100 Subsection (4) inserted by No. 9 of 2009, s. 39, Applied:01 Jul 2009] In this section –facility includes –(a) approved venue, approved location and approved outlet; and(b) premises of which an approved venue, approved location or approved outlet forms a part;prescribed licence holder includes any agent of the prescribed licence holder.
101. Injunctions to prevent contraventions, &c.
(1) [Section 101 Subsection (1) amended by No. 31 of 2021, s. 116, Applied:01 Jul 2023] [Section 101 Subsection (1) amended by No. 102 of 1999, s. 18, Applied:22 Dec 1999] If the Supreme Court is satisfied on the application of the Commission that a venue operator, casino operator, keno operator, monitoring operator or licensed provider has engaged or is proposing to engage in conduct that constitutes or would constitute–the Court may grant an injunction on such terms as the Court determines to be appropriate.(a) a contravention of a provision of this Act; or(b) attempting to contravene such a provision; or(c) aiding, abetting, counselling or procuring a person to contravene such a provision; or(d) inducing, or attempting to induce, whether by threats, promises or otherwise, a person to contravene such a provision; or(e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or(f) conspiring with others to contravene such a provision–(2) If in the opinion of the Supreme Court it is desirable to do so, the Court may grant an interim injunction pending determination of the application.(3) The Supreme Court may rescind or vary an injunction granted under this section.(4) The power of the Supreme Court to grant an injunction restraining a person from engaging in conduct may be exercised –(a) whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; and(b) whether or not the person has previously engaged in conduct of that kind; and(c) whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind.(5) The power of the Supreme Court to grant an injunction requiring a person to do an act or thing may be exercised –(a) whether or not it appears to the Court that the person intends to fail again, or to continue to fail, to do that act or thing; and(b) whether or not the person has previously failed to do that act or thing; and(c) whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person fails to do that act or thing.(6) When the Commission makes an application to the Supreme Court for the grant of an injunction under this section, the Court is not to require the Commission or any other person, as a condition of granting an interim injunction, to give any undertakings as to damages.
Division 1A - Limitations on gaming machine numbers
101A. Interpretation of Division
[Section 101A of Part 5 Inserted by No. 59 of 2003, s. 11, Applied:01 Jul 2003] In this Division –[Section 101A Amended by No. 24 of 2004, s. 41, Applied:01 Jan 2005] [Section 101A Amended by No. 31 of 2021, s. 117, Applied:01 Jul 2023][Section 101A Amended by No. 31 of 2021, s. 117, Applied:01 Jul 2023] 2023 commencement day means the day on which Part 4 of the Gaming Control Amendment (Future Gaming Market) Act 2021 commences;[Section 101A Amended by No. 31 of 2021, s. 117, Applied:01 Jul 2023] gaming machine does not include a gaming machine on a vessel owned or operated by a company formed and incorporated under section 5 of the TT-Line Arrangements Act 1993 .
101B. Gaming machines: limit on overall numbers
[Section 101B of Part 5 Inserted by No. 59 of 2003, s. 11, Applied:01 Jul 2003] [Section 101B Substituted by No. 31 of 2021, s. 118, Applied:01 Jul 2023] On and after the 2023 commencement day –(a) the maximum number of gaming machine authorities in total that may be endorsed on venue licences in the State is 2 350; and(b) the maximum number of gaming machines in total that may be installed in casinos in the State is 1 180.
101C. Gaming machines: limit on numbers allowed in individual clubs and hotels
[Section 101C Amended by No. 31 of 2021, s. 119, Applied:01 Jul 2023] [Section 101C of Part 5 Inserted by No. 59 of 2003, s. 11, Applied:01 Jul 2003] On and after the 2023 commencement day –(a) [Section 101C Amended by No. 31 of 2021, s. 119, Applied:01 Jul 2023] the maximum number of gaming machine authorities that may be endorsed on a venue licence for a licensed club is 40; and(b) [Section 101C Amended by No. 31 of 2021, s. 119, Applied:01 Jul 2023] the maximum number of gaming machine authorities that may be endorsed on a venue licence for a hotel is 30.
101D. Gaming machines: limit on common ownership of authorities
[Section 101D Inserted by No. 31 of 2021, s. 120, Applied:01 Jul 2023](1) In this section –associated venue operators means venue operators that are associated persons, within the meaning of section 48A(1) .(2) The combined maximum number of gaming machine authorities that a venue operator or associated venue operators may hold on venue licences is 587.(3) If a venue operator holds venue licences that are endorsed with more than 587 gaming machine authorities combined, that venue operator must, within 14 days after becoming aware of that fact, apply under section 48C to decrease the number of gaming machine authorities so that the combined number of gaming machine authorities endorsed on those licences no longer exceeds 587.Penalty: Fine not exceeding 1 000 penalty units.(4) If venue operators become associated venue operators and, as a consequence, those venue operators hold venue licences that are endorsed with more than 587 gaming machine authorities combined, those venue operators must, within 14 days of becoming associated venue operators, apply under section 48C to decrease the number of gaming machine authorities so that the combined number of gaming machine authorities endorsed on those licences no longer exceeds 587.Penalty: Fine not exceeding 1 000 penalty units.
Division 2 - Gaming control relating to casinos
102. Casino layout to be in accordance with prescribed requirements
[Section 102 Substituted by No. 31 of 2021, s. 121, Applied:01 Jul 2023] It is a condition of a casino licence that gaming is not to be conducted in the casino unless the facilities provided in relation to the conduct and monitoring of operations in the casino are in accordance with –(a) any plans, diagrams and specifications approved by the Commission in accordance with the regulations; and(b) any other prescribed requirements.
103. Approval of games played in casino
(1) [Section 103 Subsection (1) amended by No. 31 of 2021, s. 122, Applied:01 Jul 2023] [Section 103 Subsection (1) amended by No. 46 of 1996, s. 11 ]The Commission may, on application being made to it, approve games that may be played in a casino.(1A) [Section 103 Subsection (1A) inserted by No. 46 of 1996, s. 11 ]The Commission may require an applicant to pay any costs incurred by the Commission in evaluating the application.(2) The Commission may approve the rules under which a game referred to in subsection (1) is to be played.(3) The Commission must not approve a game unless it has approved the rules under which it is to be played.(4) Where the Commission approves the rules under which a game is to be played, it must supply a copy of those rules to the casino operator.(5) [Section 103 Subsection (5) amended by No. 31 of 2021, s. 122, Applied:01 Jul 2023] A casino operator must not permit a game to be conducted or played in a casino unless–(a) there is a notice in force under this section approving the game; and(b) the game is conducted or played in accordance with the rules of the game approved by the Commission.Penalty: Fine not exceeding 100 penalty units.(6) [Section 103 Subsection (6) amended by No. 31 of 2021, s. 20, Applied:16 Dec 2021] At the request of the casino operator or on its own volition, the Commission may repeal, revoke, rescind, amend, alter or vary an approval for a game under subsection (1) or a rule approved under subsection (2) .(7) The Commission must not take action under subsection (6) unless the action is in the public interest or for the purposes of the conduct of gaming.(8) [Section 103 Subsection (8) amended by No. 31 of 2021, s. 20, Applied:16 Dec 2021] The Commission must notify in writing the casino operator of any repeal, revocation, rescission, amendment, alteration or variation of the approval for a game under subsection (1) or the rules approved under subsection (2) .(9) [Section 103 Subsection (9) amended by No. 31 of 2021, s. 20, Applied:16 Dec 2021] A person may request the Commission or a casino operator for a copy of an approval for a game under subsection (1) or the rules approved by the Commission under subsection (2) and the Commission and casino operator are to comply with that request.(10) A repeal, revocation, rescission, amendment, alteration or variation takes effect on the date the Commission gives notice under subsection (8) .(11) [Section 103 Subsection (11) inserted by No. 31 of 2021, s. 122, Applied:01 Jul 2023] For the purposes of this section, a game does not include –(a) a game played on a gaming machine or an FATG machine; or(b) keno; or(c) any gaming or wagering conducted with or through a totalizator agency under its Tasmanian gaming licence.
(1) The Commission may approve arrangements made by a casino operator for the promotion and conduct of junkets involving casinos.(2) The arrangements may –(a) impose restrictions on who may organize or promote a junket; and(b) require the promoter of a junket, or the casino operator concerned, to give the Commission advance notice of the junket and to furnish to the Commission detailed information concerning the conduct of and the arrangements for the conduct of any junket; and(c) require any contract or other agreement that relates to the conduct of a junket to be in a form and contain provisions approved by the Commission; and(d) require the promoter of a junket, or the casino operator concerned, to give specified information concerning the conduct of the junket to participants in the junket; and(e) require the promoter of a junket, or the casino operator concerned, to furnish to the Commission a list of the names and addresses of the participants in the junket.(3) In this section –junket includes any arrangement organized by a promoter where a group of persons receive inducements of money or money's worth to participate in gaming at a casino;promoter means a person responsible for the organization or promotion of a junket whose remuneration in whole or in part is based on the total amount wagered by the participants in the junket or on some other basis associated with amounts wagered.
105. Residential requirements for gaming in high-roller casinos
[Section 105 Repealed by No. 45 of 2001, s. 62, Applied:19 Dec 2001] [Section 105 Inserted by No. 31 of 2021, s. 123, Applied:01 Jul 2023](1) In this section –acceptable proof of residence, for a person, means documentary evidence that might reasonably be accepted as applying to the person and as proving that the person’s ordinary place of residence is not in this State.(2) The holder of a high-roller casino licence must not permit a person who is a resident of this State to wager, or attempt to wager, on any gaming in any area of the casino that is the subject of the licence.Penalty: Fine not exceeding 2 500 penalty units.(3) It is a defence in proceedings for an offence under subsection (2) if the defendant establishes that the person produced to the defendant, or to an agent or employee of the defendant, acceptable proof of residence for the person.(4) A person who uses any evidence purporting to be evidence of his or her ordinary place of residence in order to wager on gaming in any area of a high-roller casino is guilty of an offence if the evidence is false in a material particular.Penalty: Fine not exceeding 100 penalty units.(5) The holder of a high-roller casino licence, an employee of the holder of a high-roller casino licence, an inspector or a police officer may –(a) require a person wagering in the high-roller casino, or attempting to wager in the high-roller casino, to state his or her name and address if the holder of the licence, employee, inspector or police officer has reasonable cause to suspect that the person is a resident of this State; and(b) if it is suspected on reasonable grounds that the name or address given in response to the requirement is false, require the person to produce evidence that it is correct.(6) A person must comply with a requirement under subsection 5(a) and must not, without reasonable cause, fail to comply with a requirement under subsection 5(b).Penalty: Fine not exceeding 20 penalty units.(7) It is a defence to proceedings for an offence under subsection (6) if the person who made the requirement did not inform the person of whom the requirement was made, at the time it was made, that it is an offence to fail to comply with the requirement.(8) If a person contravenes subsection (6), a police officer may arrest the person without warrant and bring the person before a magistrate to be dealt with according to law.(9) For the purposes of this section, a person is a resident of this State if the person’s ordinary place of residence is in this State.
106. Minimum bet amounts at high-roller casinos
[Section 106 Repealed by No. 45 of 2001, s. 62, Applied:19 Dec 2001] [Section 106 Inserted by No. 31 of 2021, s. 123, Applied:01 Jul 2023] The holder of a high-roller casino licence must not permit a person to place a wager on any game in the casino that is less than the prescribed minimum bet amount for that game.[Section 107 Repealed by No. 45 of 2001, s. 62, Applied:19 Dec 2001] . . . . . . . . [Section 108 Repealed by No. 45 of 2001, s. 62, Applied:19 Dec 2001] . . . . . . . . [Section 109 Repealed by No. 45 of 2001, s. 62, Applied:19 Dec 2001] . . . . . . . . [Section 110 Repealed by No. 45 of 2001, s. 62, Applied:19 Dec 2001] . . . . . . . . [Section 111 Repealed by No. 45 of 2001, s. 62, Applied:19 Dec 2001] . . . . . . . .Penalty: Fine not exceeding 2 500 penalty units.
112. Possession of certain things prohibited
(1) A person must not, in a casino, use any prohibited device.Penalty: Fine not exceeding 50 penalty units.(2) A person must not, in a casino or on premises of which a casino forms part, use or have in his or her possession –(a) [Section 112 Subsection (2) amended by No. 31 of 2021, s. 124, Applied:01 Jul 2023] gaming chips that he or she knows are bogus or counterfeit gaming chips; or(b) gaming tokens that he or she knows are bogus or counterfeit gaming tokens; or(c) cards, dice or coins that he or she knows have been marked, loaded or tampered with; or(d) for the purpose of cheating or stealing, any equipment, device or thing that permits or facilitates cheating or stealing.Penalty: Fine not exceeding 100 penalty units.(3) If a police officer believes on reasonable grounds that a person has committed an offence under subsection (1) or (2) , the police officer may search the person for the device that the police officer suspects was used in the commission of the offence.(4) Subsection (2) does not prohibit the possession in a casino of anything referred to in subsection (2) (a) , (b) or (c) by a person in charge of the casino, an agent of the casino operator, a casino employee, an inspector or a police officer, if the thing has been seized by any of those persons from another person for use as evidence in proceedings for an offence.(5) On the conviction of a person of an offence under subsection (1) or (2) , any device used in the commission of that offence is forfeited to the Crown.
Division 3 - Exclusion from gaming or wagering premises[Division 3 of Part 5 Heading amended by No. 75 of 2009, s. 19, Applied:07 Dec 2009]
112A. Interpretation of Division
[Section 112A of Part 5 Inserted by No. 45 of 2001, s. 63, Applied:19 Dec 2001] [Section 112A Substituted by No. 53 of 2005, Applied:01 Dec 2005](1) In this Division –affected person means the person against whom an order under section 112C is in force;[Section 112A Subsection (1) amended by No. 31 of 2021, s. 125, Applied:01 Jul 2023] excluded premises means any premises on which wagering or other participation in a game occurs under a general casino licence, a venue licence or a Tasmanian gaming licence;prescribed special employee means a special employee employed by a specified licence holder;section 112C exclusion order means an order made under section 112C ;section 112E exclusion order means an order made under section 112E ;self-exclusion notice means a notice given under section 112B(1) ;[Section 112A Subsection (1) amended by No. 31 of 2021, s. 125, Applied:01 Jul 2023] specified licence holder, except in section 112G, means the holder of any of the following licences:(a) [Section 112A Subsection (1) amended by No. 31 of 2021, s. 125, Applied:01 Jul 2023] a general casino licence;(b) [Section 112A Subsection (1) amended by No. 31 of 2021, s. 125, Applied:01 Jul 2023] a venue licence;(c) a Tasmanian gaming licence.(2) [Section 112A Subsection (2) omitted by No. 75 of 2009, s. 20, Applied:07 Dec 2009] . . . . . . . .
112B. Self-exclusion from wagering
[Section 112B of Part 5 Inserted by No. 45 of 2001, s. 63, Applied:19 Dec 2001](1) [Section 112B Subsection (1) substituted by No. 75 of 2009, s. 44, Applied:18 Aug 2010] A person may give written notice to a specified licence holder, a prescribed special employee or the Commission to the effect that the person must not be permitted to do either of the following:(a) enter or be on premises specified in the notice;(b) engage in any gaming or gaming activity in premises specified in the notice.(1A) [Section 112B Subsection (1A) omitted by No. 75 of 2009, s. 44, Applied:18 Aug 2010] . . . . . . . .(1B) On receipt of a self-exclusion notice under subsection (1) , a prescribed special employee must provide the notice or a copy of it to the specified licence holder as soon as reasonably practicable.Penalty: Fine not exceeding 20 penalty units(2) [Section 112B Subsection (2) amended by No. 75 of 2009, s. 44, Applied:18 Aug 2010] On receipt of a self-exclusion notice under subsection (1) , a specified licence holder must provide the Commission with the notice or a copy of it as soon as reasonably practicable.Penalty: Fine not exceeding 100 penalty units.(3) [Section 112B Subsection (3) amended by No. 75 of 2009, s. 44, Applied:18 Aug 2010] On receipt of a self-exclusion notice or a copy of a self-exclusion notice under subsection (1) or (2) , the Commission must notify every specified licence holder in respect of whom the notice is to apply of the giving of the self-exclusion notice and its details.(4) [Section 112B Subsection (4) amended by No. 75 of 2009, s. 44, Applied:18 Aug 2010] On receipt of a self-exclusion notice, a copy of it or notice of its giving under subsection (1) , (1B) or (3) , a specified licence holder must notify, as soon as reasonably practicable, all prescribed special employees who may have to enforce the self-exclusion notice of its giving and any relevant details.Penalty: Fine not exceeding 100 penalty units(5) A self-exclusion notice takes effect –(a) [Section 112B Subsection (5) amended by No. 75 of 2009, s. 44, Applied:18 Aug 2010] in respect of a specified licence holder when the self-exclusion notice, a copy of it or notice of its giving is given or provided to that specified licence holder; and(b) [Section 112B Subsection (5) amended by No. 75 of 2009, s. 44, Applied:18 Aug 2010] in respect of a prescribed special employee when the self-exclusion notice, a copy of it or notice of its giving is given or provided to that prescribed special employee; and(c) [Section 112B Subsection (5) amended by No. 75 of 2009, s. 44, Applied:18 Aug 2010] in respect of the person who gave the self-exclusion notice when it is given to the specified licence holder, a prescribed special employee or the Commission under subsection (1) .(5A) [Section 112B Subsection (5A) inserted by No. 75 of 2009, s. 44, Applied:18 Aug 2010] A person who is subject to a self-exclusion notice of the kind referred to in subsection (1)(b) must not enter a restricted gaming area within the premises specified in the notice.Penalty: Fine not exceeding 20 penalty units.(5B) [Section 112B Subsection (5B) inserted by No. 75 of 2009, s. 44, Applied:18 Aug 2010] A person who is subject to a self-exclusion notice may, with the written approval of the Commission, amend that notice.(5C) [Section 112B Subsection (5C) inserted by No. 75 of 2009, s. 44, Applied:18 Aug 2010] Subsections (1) , (1B) , (2) , (3) , (4) and (5) have the same application to the amendment of the self-exclusion notice as they have to its giving.(6) [Section 112B Subsection (6) amended by No. 75 of 2009, s. 44, Applied:18 Aug 2010] Subject to subsection (10) , a person may revoke a self-exclusion notice by written notice given to the specified licence holder to whom the notice relates or to the Commission.(7) On receipt of a notice revoking a self-exclusion notice, the Commission must notify all specified licence holders to whom the self-exclusion notice relates of the revocation.(8) On receipt –(a) of a notice revoking a self-exclusion notice under subsection (6) , a specified licence holder must provide a copy of the notice to the Commission; and(b) of a notice revoking a self-exclusion notice under subsection (6) , or of notification of the revocation of a self-exclusion notice under subsection (7) , a specified licence holder must notify all prescribed special employees who are required to enforce the self-exclusion notice of its revocation.Penalty: Fine not exceeding 50 penalty units.(9) The revocation of a self-exclusion notice takes effect 7 days after the specified licence holder is given or provided with the notice of revocation, a copy of the notice of revocation or notification of the revocation.(10) [Section 112B Subsection (10) inserted by No. 75 of 2009, s. 44, Applied:18 Aug 2010] A self-exclusion notice is not capable of being revoked within 6 months after it is given.(11) [Section 112B Subsection (11) inserted by No. 75 of 2009, s. 44, Applied:18 Aug 2010] A subsisting self-exclusion notice continues in effect according to its terms until it is –(a) by means of written notice to the Commission, revoked by the person who is subject to it; or(b) by instrument in writing, revoked by the Commission.(12) [Section 112B Subsection (12) inserted by No. 75 of 2009, s. 44, Applied:18 Aug 2010] The Commission's power of revocation under subsection (11)(b) may only be exercised if the person who is subject to the subsisting self-exclusion notice has become subject to a new self-exclusion notice.(13) [Section 112B Subsection (13) inserted by No. 75 of 2009, s. 44, Applied:18 Aug 2010] In this section –new self-exclusion notice means a self-exclusion notice that takes effect under this section on or after the day on which section 44 of the Gaming Control Amendment Act (No. 2) 2009 commences;subsisting self-exclusion notice means a self-exclusion notice in effect under this section immediately before the day on which section 44 of the Gaming Control Amendment Act (No. 2) 2009 commences.
112C. Exclusion from wagering on application of interested person
[Section 112C of Part 5 Inserted by No. 45 of 2001, s. 63, Applied:19 Dec 2001](1) [Section 112C Subsection (1) amended by No. 75 of 2009, s. 45, Applied:18 Aug 2010] A person who has a close personal interest in the welfare of another person who wagers with, or otherwise participates in games or gaming activities conducted by, any specified licence holder may apply to the Commission in a form approved by the Commission for a section 112C exclusion order.(2) On receipt of an application under subsection (1) , the Commission must provide the person in respect of whom the application is made with a written notice –(a) informing the person of the making of the application and the reasons for it; and(b) inviting the person to make representations to the Commission about the application within the reasonable time specified in the notice.(3) After considering representations made by the applicant and the person in respect of whom the application is made under subsection (1) , the Commission must –(a) [Section 112C Subsection (3) amended by No. 75 of 2009, s. 45, Applied:18 Aug 2010] if the Commission is satisfied that it is in the interests of that person and the public interest to do so, make an order prohibiting that person from doing either of the following:(i) entering or being on premises specified in the order;(ii) engaging in any gaming or gaming activities on premises specified in the order.(b) if it is not so satisfied, refuse the application.(3A) [Section 112C Subsection (3A) omitted by No. 75 of 2009, s. 45, Applied:18 Aug 2010] . . . . . . . .(4) On refusing an application under subsection (3)(b) , the Commission must notify the applicant and the person in respect of whom the application was made in writing of that refusal and the reasons for it.(5) On making a section 112C exclusion order, the Commission must provide a copy of the order to –(a) the affected person; and(b) all specified licence holders that may also be affected by the order; and(c) the applicant.(5A) On receipt of a copy of a section 112C exclusion order under subsection (5) , a specified licence holder must notify, as soon as reasonably practicable, all prescribed special employees who may have to enforce the order of the making of the order.Penalty: Fine not exceeding 100 penalty units.(6) [Section 112C Subsection (6) substituted by No. 75 of 2009, s. 45, Applied:18 Aug 2010] The Commission may amend a section 112C exclusion order at any time.(7) [Section 112C Subsection (7) inserted by No. 75 of 2009, s. 45, Applied:18 Aug 2010] Subsections (5) and (5A) have the same application to the amendment of a section 112C exclusion order as they have to its making.(8) [Section 112C Subsection (8) inserted by No. 75 of 2009, s. 45, Applied:18 Aug 2010] Where the Commission decides to exercise its power under subsection (6) , the person who is subject to the relevant section 112C exclusion order or the person who applied for it may apply to the Magistrates Court (Administrative Appeals Division) under the Magistrates Court (Administrative Appeals Division) Act 2001 for a review of the decision.(9) [Section 112C Subsection (9) inserted by No. 75 of 2009, s. 45, Applied:18 Aug 2010] A person who is subject to a section 112C exclusion order of the kind referred to in subsection (3)(a)(ii) must not enter a restricted gaming area within the premises specified in the order.Penalty: Fine not exceeding 20 penalty units.(10) [Section 112C Subsection (10) inserted by No. 75 of 2009, s. 45, Applied:18 Aug 2010] A section 112C exclusion order continues in effect according to its terms until it is, by instrument in writing, revoked by the Commission.
112D. Revocation of section 112C exclusion order
[Section 112D of Part 5 Inserted by No. 45 of 2001, s. 63, Applied:19 Dec 2001](1) In this section,respondent, in relation to an application under subsection (2) made in respect of a section 112C exclusion order, means the affected person or the person who applied for the section 112C exclusion order, whoever did not make the application under subsection (2) .(2) An affected person or the person who applied for a section 112C exclusion order may apply in a form approved by the Commission for a revocation of the order.(3) On receipt of an application under subsection (2) , the Commission must provide the respondent with a written notice –(a) informing the respondent of the making of the application under subsection (2) and the reasons for it; and(b) inviting the respondent to make representations to the Commission about the application within the reasonable time specified in the notice.(4) After considering representations made by the applicant and the respondent, the Commission must –(a) if it is satisfied that it is in the interests of the person in respect of whom the section 112C exclusion order is in effect and in the public interest to do so, make an order revoking the section 112C exclusion order; or(b) if it is not so satisfied, refuse the application.(5) On refusing an application, the Commission must notify the applicant and respondent in writing of that refusal and the reasons for it.(6) On making an order revoking a section 112C exclusion order, the Commission must provide a copy of the revocation order to –(a) the applicant; and(b) the respondent; and(c) all specified licence holders that have been provided with a copy of the section 112C exclusion order.
112DA. Expiry of exclusion notices and orders
[Section 112DA Inserted by No. 75 of 2009, s. 46, Applied:18 Aug 2010] Unless sooner revoked –(a) a section 112B self-exclusion notice expires 3 years after it takes effect; and(b) a section 112C exclusion order expires 3 years after it is made; and(c) a section 112E exclusion order expires 3 years after it is given.
112E. Exclusion order by specified licence holder
[Section 112E of Part 5 Inserted by No. 45 of 2001, s. 63, Applied:19 Dec 2001](1) [Section 112E Subsection (1) amended by No. 75 of 2009, s. 47, Applied:18 Aug 2010] A specified licence holder or a person authorised by a specified licence holder may, by order given to a person orally or in writing, prohibit the person from doing either of the following:(a) [Section 112E Subsection (1) amended by No. 75 of 2009, s. 47, Applied:18 Aug 2010] entering or being on premises of the specified licence holder specified in the order;(b) [Section 112E Subsection (1) amended by No. 75 of 2009, s. 47, Applied:18 Aug 2010] engaging in any gaming or gaming activity in premises of the specified licence holder specified in the order.(2) If a person is given an oral order and the person requires the order to be given in writing, the oral order is suspended while the order is put in writing (but only if the person remains available on the premises referred to in subsection (1) to be given the written order).(3) As soon as practicable after a section 112E exclusion order is given, the specified licence holder must –(a) in the case of a written order, give a copy of the order to the Commission; and(b) in the case of an oral order, give written details of the order to the Commission.Penalty: Fine not exceeding 50 penalty units.(4) This section does not authorise the exclusion of an authorized person or a police officer –when that authorized person or police officer is acting in the course of his or her duty.(a) from premises referred to in subsection (1) ; or(b) [Section 112E Subsection (4) amended by No. 75 of 2009, s. 47, Applied:18 Aug 2010] from wagering with, or otherwise participating in a game or gaming activity conducted by, the specified licence holder –(5) [Section 112E Subsection (5) inserted by No. 75 of 2009, s. 47, Applied:18 Aug 2010] A person who is given an order of the kind referred to in subsection (1)(b) must not enter a restricted gaming area within the premises specified in the order.Penalty: Fine not exceeding 20 penalty units.
[Section 112F of Part 5 Inserted by No. 45 of 2001, s. 63, Applied:19 Dec 2001](1) [Section 112F Subsection (1) amended by No. 13 of 2006, s. 18, Applied:20 Sep 2006] A person receiving a written section 112E exclusion order, other than an order given on the direction of the Commissioner of Police under section 112G , may appeal against the order to the Commission within 28 days after receiving the order.(2) The appeal must be made in writing and specify the grounds on which it is made.(3) The Commission may make such inquiries in relation to the section 112E exclusion order and the appeal as the Commission thinks appropriate.(4) On consideration of the grounds of appeal specified by the appellant and the results of its inquiries, the Commission may –(a) reject the appeal; or(b) allow the appeal.(5) The decision of the Commission –(a) is to be communicated in writing to the appellant and the specified licence holder; and(b) is final and conclusive and may not be appealed against, reviewed, quashed or in any way called in question in any court on any account.(6) The allowance of the appeal by the Commission revokes the section 112E exclusion order.(7) The allowance of the appeal by the Commission does not prejudice the right of the specified licence holder, or person authorised by the specified licence holder, to give a further section 112E exclusion order in respect of the person to whom the original section 112E exclusion order was given if in giving that further order the specified licence holder, or person so authorised, is acting –(a) in good faith; and(b) for a reason considered by the specified licence holder, or person so authorised, to be a sufficient reason.(8) An appeal against an order does not prejudice the effectiveness of the order pending the Commission's decision.
112G. Commissioner of Police may order person to be excluded
[Section 112G of Part 5 Inserted by No. 45 of 2001, s. 63, Applied:19 Dec 2001](1) [Section 112G Subsection (1) amended by No. 75 of 2009, s. 21, Applied:07 Dec 2009] [Section 112G Subsection (1) substituted by No. 13 of 2006, s. 19, Applied:20 Sep 2006] Where the Commissioner of Police is of the opinion that, in order to suppress crime or disorderly conduct, it is necessary or desirable to exclude a person from premises on which wagering with, or other participation in a game or gaming activity conducted by, a specified licence holder occurs, the Commissioner may direct the licence holder to exclude the person from those premises by giving the person or causing the person to be given an exclusion order under section 112E .(2) A specified licence holder must comply with a direction given under subsection (1) .Penalty: Fine not exceeding 50 penalty units.(3) [Section 112G Subsection (3) amended by No. 75 of 2009, s. 21, Applied:07 Dec 2009] The Commissioner of Police may give such a direction in anticipation of the person entering the premises on which wagering with, or other participation in games or gaming activities conducted by, the specified licence holder occurs.(4) Where practicable, the Commissioner of Police must make available to the specified licence holder a photograph of the person who is the subject of the direction and must give the person notice of the direction.(5) [Section 112G Subsection (5) inserted by No. 31 of 2021, s. 126, Applied:01 Jul 2023] In this section –specified licence holder means the holder of any of the following licences:(a) a casino licence;(b) a venue licence;(c) a Tasmanian gaming licence.
112GA. Information not to be disclosed
[Section 112GA Inserted by No. 13 of 2006, s. 20, Applied:20 Sep 2006] A person must not disclose to any person who is not a member of the Police Service any information on which the opinion of the Commissioner of Police under section 112G(1) is based.Penalty: Fine not exceeding 5 000 penalty units or imprisonment for a term not exceeding 2 years, or both.
112GB. Application for review by Magistrates Court
[Section 112GB Inserted by No. 13 of 2006, s. 20, Applied:20 Sep 2006](1) Within 28 days after receiving a written exclusion order under section 112E , given on the direction of the Commissioner of Police under section 112G , a person may apply to the Magistrates Court (Administrative Appeals Division) for a review of the order.(2) In determining an application for a review of an exclusion order under subsection (1) , the Magistrates Court (Administrative Appeals Division) may –(a) uphold the order; or(b) revoke the order.(3) In determining an application for a review under subsection (1) , the Magistrates Court (Administrative Appeals Division) –(a) is to ensure that it does not, in the reasons for its decision or otherwise, disclose any information on which the opinion of the Commissioner of Police under section 112G(1) is based; and(b) in order to prevent the disclosure of any such information, is to receive evidence and hear argument in the absence of the public, the applicant for the review and the applicant's representative.
112H. Duration of section 112E exclusion orders
[Section 112H of Part 5 Inserted by No. 45 of 2001, s. 63, Applied:19 Dec 2001](1) [Section 112H Subsection (1) amended by No. 75 of 2009, s. 48, Applied:18 Aug 2010] Subject to section 112DA , a section 112E exclusion order remains in force in respect of a person until it is revoked by the specified licence holder or a person authorised by the specified licence holder or an appeal under section 112F is allowed.(2) A section 112E exclusion order given at the direction of the Commissioner of Police cannot be revoked except with the written approval of the Commissioner of Police.(3) Where a section 112E exclusion order is revoked by a specified licence holder or by a person authorised by a specified licence holder, the specified licence holder or person so authorised must give notice of the revocation to the Commission as soon as practicable.Penalty: Fine not exceeding 20 penalty units.
112I. List of excluded persons
[Section 112I of Part 5 Inserted by No. 45 of 2001, s. 63, Applied:19 Dec 2001](1) [Section 112I Subsection (1) amended by No. 75 of 2009, s. 22, Applied:07 Dec 2009] Each specified licence holder must maintain an up-to-date list of the names of persons in respect of whom there are in effect self-exclusion notices, section 112C exclusion orders and section 112E exclusion orders that prohibit those persons from wagering with or otherwise participating in games or gaming activities conducted by the specified licence holder, or from entering and remaining on premises where wagering or other participation in such games or gaming activities occurs.Penalty: Fine not exceeding 50 penalty units.(2) Where practicable, the specified licence holder is to attach to the list photographs of the persons who are on the list.(3) [Section 112I Subsection (3) amended by No. 75 of 2009, s. 22, Applied:07 Dec 2009] Subsection (2) does not apply to a licensed provider in respect of a person on the list if the only way the person can contravene the self-exclusion notice, section 112C exclusion order or section 112E exclusion order is by placing wagers, or otherwise participating in a game or gaming activity, by means of a telecommunications device situated on premises not under the control of the licensed provider.(4) The specified licence holder must –(a) on the request of an inspector, allow the inspector to peruse the list, including the attached photographs; and(b) on the request of the Commission or an inspector, provide to the Commission or an inspector, in the manner and time specified in the request, a copy of –(i) the list; and(ii) if included in the request, photographs attached to the list.Penalty: Fine not exceeding 50 penalty units.(5) A person must not provide any part of a list maintained under subsection (1) or provided under subsection (4) to any person except –(a) the specified licence holder; or(b) an employee of the specified licence holder; or(c) [Section 112I Subsection (5) amended by No. 75 of 2009, s. 22, Applied:07 Dec 2009] an authorized person; or(d) [Section 112I Subsection (5) amended by No. 75 of 2009, s. 22, Applied:07 Dec 2009] an agent referred to in section 76ZZ or an employee of such an agent; or(e) [Section 112I Subsection (5) amended by No. 75 of 2009, s. 22, Applied:07 Dec 2009] [Section 112I Subsection (5) amended by No. 31 of 2021, s. 127, Applied:01 Jul 2023] a monitoring operator or an employee of the monitoring operator; or(ea) [Section 112I Subsection (5) amended by No. 31 of 2021, s. 127, Applied:01 Jul 2023] a keno operator or an employee of the keno operator; or(f) [Section 112I Subsection (5) amended by No. 75 of 2009, s. 22, Applied:07 Dec 2009] a police officer.Penalty: Fine not exceeding 10 penalty units.
112IA. Commission to keep and disseminate lists of excluded persons
[Section 112IA Inserted by No. 75 of 2009, s. 23, Applied:07 Dec 2009](1) The Commission is to –(a) keep an up-to-date list of excluded persons; and(b) [Section 112IA Subsection (1) amended by No. 31 of 2021, s. 128, Applied:01 Jul 2023] from time to time provide each specified licence holder and each keno operator and monitoring operator with a copy of that list or those parts of that list that are of relevance to the specified licence holder, keno operator or monitoring operator.(2) A list kept or provided under subsection (1) need not contain photographs.(3) In this section –excluded person means a person –(a) subject to a self-exclusion notice; or(b) subject to a section 112C exclusion order; or(c) named on a list provided to the Commission pursuant to section 112I(4)(b) as being subject to a section 112E exclusion order.
112IB. Direct marketing of gaming to excluded persons prohibited
[Section 112IB Inserted by No. 75 of 2009, s. 23, Applied:07 Dec 2009](1) [Section 112IB Subsection (1) amended by No. 31 of 2021, s. 129, Applied:01 Jul 2023] A specified licence holder or keno operator must not directly promote gaming or gaming activities to a person if, at the relevant time, the person's name appears on the list most recently provided to the specified licence holder or keno operator under section 112IA .Penalty: Fine not exceeding 1 000 penalty units.(2) [Section 112IB Subsection (2) amended by No. 31 of 2021, s. 129, Applied:01 Jul 2023] For the purposes of subsection (1) , a specified licence holder or keno operator is taken to directly promote gaming or gaming activities to a person if –(a) [Section 112IB Subsection (2) amended by No. 31 of 2021, s. 129, Applied:01 Jul 2023] the specified licence holder or keno operator provides advertising material to that person or engages in any other promotional activity with regard to that person; and(b) the advertising material or promotional activity could reasonably be seen as an enticement or inducement, to engage in gaming or gaming activities, specifically targeted at that person.
112J. Excluded persons not to wager or enter gaming premises
[Section 112J of Part 5 Inserted by No. 45 of 2001, s. 63, Applied:19 Dec 2001](1) A person who is the subject of a self-exclusion notice, section 112C exclusion order or section 112E exclusion order that is in effect must not contravene that notice or order.Penalty: Fine not exceeding 20 penalty units.(2) While a self-exclusion notice or section 112C exclusion order has effect, a specified licence holder and a prescribed special employee must not –(a) [Section 112J Subsection (2) amended by No. 75 of 2009, s. 24, Applied:07 Dec 2009] accept or permit to be accepted from the person who is the subject of the notice or order a wager on, or allow that person to otherwise participate in, any game or gaming activity in contravention of the notice or order; or(b) allow the person who is the subject of the notice or order to enter or remain on premises in contravention of the notice or order.(3) [Section 112J Subsection (3) amended by No. 75 of 2009, s. 24, Applied:07 Dec 2009] It is a defence to an offence against subsection (2) for the specified licence holder or prescribed special employee to show that he or she did not know and could not reasonably have known that the person who is the subject of the self-exclusion notice or section 112C exclusion order was wagering or otherwise participating in a game or gaming activity, or entering or remaining on premises, in contravention of the notice or order.
112K. Removal of excluded persons from gaming premises
[Section 112K of Part 5 Inserted by No. 45 of 2001, s. 63, Applied:19 Dec 2001](1) In this section –excluded person means a person who is the subject of a self-exclusion notice, section 112C exclusion order or a section 112E exclusion order that is in effect;excluded premises means premises that an excluded person is prohibited from entering and remaining on under a self-exclusion notice, section 112C exclusion order or section 112E exclusion order that is in effect;[Section 112K Subsection (1) amended by No. 75 of 2009, s. 25, Applied:07 Dec 2009] gaming premises means premises where a person may wager with, or otherwise participate in a game or gaming activity conducted by, a specified licence holder;person-in-charge means –(a) the person for the time being apparently in charge of excluded premises or gaming premises; and(b) an employee, agent or associate of a specified licence holder who is of a class approved in writing by the Commission and is on the excluded premises or gaming premises at the relevant time;(2) If an employee of a specified licence holder or a person employed on excluded premises or gaming premises knows that an excluded person –the employee or employed person must notify a person-in-charge as soon as practicable.(a) is on the excluded premises, or attempting to gain entrance to the excluded premises, in contravention of the self-exclusion notice, section 112C exclusion order or section 112E exclusion order; or(b) [Section 112K Subsection (2) amended by No. 75 of 2009, s. 25, Applied:07 Dec 2009] is wagering or otherwise participating, or is attempting to wager or otherwise participate, in a game or gaming activity on gaming premises –(3) A person-in-charge who knows or has been notified that an excluded person –must take all reasonable steps to remove the excluded person from the excluded premises or gaming premises.(a) is on the excluded premises, or attempting to gain entrance to the excluded premises, in contravention of the self-exclusion notice, section 112C exclusion order or section 112E exclusion order; or(b) [Section 112K Subsection (3) amended by No. 75 of 2009, s. 25, Applied:07 Dec 2009] is wagering or otherwise participating, or is attempting to wager or otherwise participate, in a game or gaming activity on gaming premises in contravention of the self-exclusion notice, section 112C exclusion order or section 112E exclusion order –Penalty: Fine not exceeding 20 penalty units.(4) It is lawful for a person-in-charge, or a police officer at the request of a person-in-charge, using no more force than is reasonably necessary –(a) to remove an excluded person –(i) from excluded premises; and(ii) [Section 112K Subsection (4) amended by No. 75 of 2009, s. 25, Applied:07 Dec 2009] from gaming premises if he or she is wagering or otherwise participating, or is attempting to wager or otherwise participate, in a game or gaming activity on the gaming premises in contravention of the self-exclusion notice, section 112C exclusion order or section 112E exclusion order; and(b) to prevent an excluded person from entering –(i) excluded premises; and(ii) gaming premises from which he or she has been removed within the preceding 24 hours under paragraph (a)(ii)
Division 4 - Responsible gambling[Division 4 of Part 5 Repealed by No. 66 of 2002, s. 11, Applied:19 Dec 2002] [Division 4 of Part 5 Inserted by No. 75 of 2009, s. 26, Applied:07 Dec 2009]
112L. Commission to establish codes of practice
[Section 112L of Part 5 Inserted by No. 45 of 2001, s. 64, Applied:01 Jul 2001] [Section 112L Repealed by No. 66 of 2002, s. 11, Applied:19 Dec 2002] [Section 112L Inserted by No. 75 of 2009, s. 26, Applied:07 Dec 2009](1) The Commission is to establish, for prescribed licence holders, codes of practice on responsible gambling.(2) Under subsection (1) , different codes of practice may, in the Commission's discretion, be established for different prescribed licence holders or different groups of prescribed licence holders.(3) Despite subsection (1) , the Commission is not obliged to establish a code of practice for every prescribed licence holder.(4) A code of practice may provide for any relevant matter.(5) A code of practice may provide for any matter by adopting, either specifically or by reference, and either wholly or in part and with or without modification, any external protocol –(a) whether as in force at a particular time or as from time to time amended; and(b) whether published before, on or after the commencement day.(6) The Commission –(a) may from time to time amend a code of practice; and(b) must review each code of practice at least once every 5 years after it is established.(7) On establishing or amending a code of practice, the Commission is to –(a) notify the affected licensees accordingly; and(b) make a copy of the code or amended code available to the affected licensees; and(c) publish the code or amended code electronically and in such other ways as it thinks fit; and(d) make a copy of the code or amended code freely available for public inspection at its offices during normal business hours.(8) An affected licensee must ensure that a code of practice or amended code of practice is available for free public inspection at –(a) each licensed premises of the affected licensee; and(b) each approved location of the affected licensee; and(c) if the affected licensee is a totalizator operator, each approved outlet of the affected licensee.Penalty: Fine not exceeding 25 penalty units.(9) The Commission, by notice to each affected licensee, may revoke a code of practice.(10) The revocation takes effect on such day as is specified in the notice and cancels the affected licensee's obligations under subsection (8) in respect of the particular code of practice.(11) To avoid doubt, a prescribed licence holder may be subject to more than one code of practice at the same time.(12) A code of practice is not –(a) a statutory rule for the purposes of the Rules Publication Act 1953 ; or(b) an instrument of a legislative character for the purpose of the Subordinate Legislation Act 1992 .(13) For the transitional purposes of this section, the Commission's obligation under subsection (1) may be discharged progressively from the commencement day.(14) In this section –affected licensee means a prescribed licence holder to whom a code of practice under this section applies (or, if the code is prospective, will apply);commencement day means the day referred to in section 2(1) of the Gaming Control Amendment Act (No.2) 2009 ;external protocol means a code, guideline, rule, specification, standard or other document that –(a) is published by a person other than the Commission; and(b) has any relevance to gaming or wagering;relevant matter means any of the following:(a) advertising and promotional practices, like player loyalty schemes and the offering of inducements;(b) access to cash in approved venues, approved locations or approved outlets;(c) the provision of food and alcohol in restricted gaming areas, approved locations or approved outlets;(d) the provision of clocks in restricted gaming areas, approved locations or approved outlets;(e) minimum lighting standards in restricted gaming areas, approved locations or approved outlets;(f) the display of warning and help signs in restricted gaming areas, approved locations or approved outlets;(g) the provision of information to players on rules and losing and winning;(h) staff training in recognising and dealing with persons who are problem gamblers or at risk of becoming so;(i) any matter approved by the Minister for the purposes of this definition.
Division 5 - Gaming control generally[Section 112M of Part 5 Inserted by No. 45 of 2001, s. 64, Applied:01 Jul 2001] [Section 112M Repealed by No. 15 of 2004, s. 4, Applied:01 Jul 2004] . . . . . . . .
112N. Investigation of prescribed licence holders
[Section 112N of Part 5 Inserted by No. 45 of 2001, s. 64, Applied:01 Jul 2001](1) [Section 112N Subsection (1) amended by No. 31 of 2021, s. 130, Applied:01 Jul 2023] At any time, the Commission may investigate the holder of a prescribed licence to determine whether the licence holder continues to be a suitable person to hold the prescribed licence.(1A) [Section 112N Subsection (1A) inserted by No. 31 of 2021, s. 130, Applied:01 Jul 2023] For the purposes of making a determination in relation to the holder of a prescribed licence under subsection (1), the Commission may have regard to the same matters to which it may have regard in deciding whether an applicant for a prescribed licence is a suitable person to hold such a licence.(2) In an investigation, the Commission may take all steps and make all inquiries that are reasonable and appropriate.(3) In an investigation, the Commission may require any one or more of the following persons to allow the taking of his or her photograph, palm prints and fingerprints:(a) the prescribed licence holder;(b) a director, chief executive officer or other person concerned in the management of the prescribed licence holder;(c) any other person the Commission considers relevant.(4) The Commission may refer any photograph, palm prints and fingerprints taken under subsection (3) and any other matter the Commission considers relevant to the Commissioner of Police.(5) The Commissioner of Police must inquire into and report to the Commission on any matters referred under subsection (4) .(6) In an investigation, the Commission by notice in writing may require the prescribed licence holder, or any person whose association with the holder is in the opinion of the Commission relevant to whether the holder continues to be a suitable person to hold a prescribed licence or a gaming endorsement, to do any one or more of the following:(a) to provide, in accordance with specified directions, any specified information that the Commission considers relevant to the investigation of the prescribed licence holder;(b) to produce, in accordance with specified directions, any specified records that the Commission considers relevant to the investigation of the prescribed licence holder and to permit examination of the records, the taking of extracts from them and the making of copies of them;(c) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b) ;(d) to provide to the Commission any authorities and consents that the Commission directs for the purpose of enabling the Commission to obtain information (including financial and other confidential information) concerning the prescribed licence holder and the holder's associates from other persons.(7) In subsection (6) ,specified means specified in the notice referred to in that subsection.(8) A person must not fail to comply with a requirement made under subsection (3) or (6) without reasonable excuse.Penalty: Fine not exceeding 250 penalty units.(9) A person does not commit an offence against subsection (8) if the failure to comply with a requirement is a failure to provide any information or document and that information or document is not relevant to the investigation.(10) The Commission may take a failure to comply with a requirement made under subsection (3) or (6) to be sufficient evidence that the prescribed licence holder is no longer a suitable person to hold the relevant prescribed licence or gaming endorsement.(11) An investigation under this section may be combined with an investigation under section 112O .
112O. Investigation into associate or other person
[Section 112O of Part 5 Inserted by No. 45 of 2001, s. 64, Applied:01 Jul 2001](1) [Section 112O Subsection (1) amended by No. 31 of 2021, s. 131, Applied:01 Jul 2023] At any time, the Commission may investigate an associate of a prescribed licence holder to determine whether that person continues to be a suitable person to be an associate of the prescribed licence holder.(2) [Section 112O Subsection (2) amended by No. 31 of 2021, s. 131, Applied:01 Jul 2023] Section 112N(1A), (2), (3), (4) , (5) , (6) , (7) , (8) and (9) applies to an investigation under this section as if the person being investigated were the prescribed licence holder.(3) The Commission may take a failure to comply with a requirement made under section 112N(3) or (6) as applied by this section to be sufficient evidence that the person being investigated is not, or is no longer, a suitable person to be an associate of a prescribed licence holder or to have a business association with an associate of such a holder.(4) If the Commission determines on investigation that a person is not, or is no longer, a suitable person to be an associate of a prescribed licence holder or to have a business association with an associate of such a holder, the Commission by written notice may require the holder, within the period specified in the notice, to –(a) terminate the association with the associate; or(b) require the associate to break off its business association with the person considered unsuitable within 21 days after the associate receives the requirement.(5) If the associate does not break off its business association within the 21 day period as required by a prescribed licence holder under subsection (4)(b) , the holder must terminate the holder's association with the associate within a further period of 21 days.(6) If a prescribed licence holder is required to terminate an association with an associate under subsection (5) and does not do so within the period specified in that subsection, the Commission may –(a) take action under section 112T ; or(b) cancel the prescribed licence by notice provided to the holder.(7) The cancellation of a prescribed licence under subsection (6) takes effect on the day the prescribed licence holder receives the notice provided under that subsection or on a later day specified in that notice and the prescribed licence is of no effect if it has been cancelled.(8) The Commission may at any time withdraw or amend a notice it has given under subsection (6) .(9) An investigation under this section may be combined with an investigation under section 112N .
[Section 112OA Inserted by No. 31 of 2021, s. 132, Applied:01 Jul 2023](1) The Commission may require a prescribed licence holder or an associate of a prescribed licence holder to pay to the Commission such reasonable costs as may be incurred by or on behalf of the Commission in conducting any inquiry or investigation in relation to that person for the purposes of a determination under section 112N or 112O.(2) It is a condition of a prescribed licence that the licence holder must pay the costs that the Commission requires the licence holder to pay under this section in connection with any inquiry or investigation conducted for the purposes of making a determination under section 112N.(3) The Commission may recover from the holder of a prescribed licence, or the associate of a prescribed licence holder, as a debt due to the Crown, any costs that the Commission has required that person to pay under this section.(4) The Commission may give a certificate as to the amount of the reasonable costs incurred by or on behalf of the Commission in conducting any inquiry or investigation for the purposes of a determination made under section 112N or 112O, and such a certificate is, in any proceedings, evidence of the matter certified.
112OB. Temporary transfer of prescribed licence to liquidator
[Section 112OB Inserted by No. 31 of 2021, s. 132, Applied:01 Jul 2023](1) Despite section 43(1), if the Commission considers it appropriate, the Commission may endorse on a prescribed licence the name of a receiver and manager, an administrator, an official liquidator or a provisional liquidator who is appointed in respect of the holder of the prescribed licence.(2) If the Commission endorses a prescribed licence under subsection (1), for a period of 12 months from the date of that endorsement –(a) the person whose name is endorsed on the prescribed licence is taken to be the holder of the licence; and(b) the original holder of the prescribed licence ceases to be the holder of the licence.(3) The Commission may extend the period referred to in subsection (2) if it considers it appropriate to do so.(4) If the Commission endorses a person's name on a prescribed licence under subsection (1), it may at the same time amend the licence and give directions in respect of the conduct of gaming under, and the administration of the business relating to, that licence.(5) A person whose name is endorsed on a prescribed licence under subsection (1) must comply with a direction given to that person under subsection (4).Penalty: Fine not exceeding 1 000 penalty units.
112P. Commission may give directions
[Section 112P of Part 5 Inserted by No. 45 of 2001, s. 64, Applied:01 Jul 2001] [Section 112P Subsection (1) amended by No. 66 of 2002, s. 12, Applied:19 Dec 2002] [Section 112P Substituted by No. 75 of 2009, s. 27, Applied:07 Dec 2009](1) The Commission may give a prescribed licence holder a written direction relating to the conduct of gaming or wagering.(2) Without limiting the generality of subsection (1) , the direction may be to adopt, vary, cease or refrain from any practice in respect of gaming or wagering.(3) The direction is not to be repugnant to the provisions of this Act or the conditions of the relevant prescribed licence.(4) The direction takes effect on such day as the Commission specifies in the direction for that purpose.(5) The prescribed licence holder must comply with the direction.(6) The Commission may at any time revoke the direction.
112PA. General gaming standards
[Section 112PA Inserted by No. 31 of 2021, s. 133, Applied:01 Jul 2023](1) The Commission may set the following general standards:(a) general electronic monitoring system standards;(b) general control system standards;(c) general gaming equipment standards;(d) general gaming machine standards;(e) general FATG machine standards;(f) general machine game standards;(g) general installation and storage of gaming equipment standards.(2) General standards set under subsection (1) may apply to a prescribed licence holder or to a class or classes of prescribed licence holders.(3) Any general standards set under subsection (1) may provide for any matter by adopting or incorporating, either specifically or by reference, and either wholly or in part and with or without modification, any code, standard, guideline or specification relevant to gaming equipment or its operation –(a) whether as in force at a particular time or as amended from time to time; and(b) whether published before, on or after the day on which subsection (1) commences.(4) A prescribed licence holder must comply with any requirement imposed on that licence holder by a provision of a general standard set under this section.Penalty: Fine not exceeding 1 000 penalty units.(5) The following provisions apply to the setting of general standards:(a) the Commission is to give notice of the setting of the standards to any prescribed licence holder to which the standards apply;(b) the Commission is to publish the standards on a website maintained by or on behalf of the Commission and in such other ways as it considers necessary;(c) the notice is to specify when the standards take effect and how they have been published;(d) the Commission is to ensure that any licensed provider who wishes to do so can obtain a free printed copy of the standards.(6) The Commission may revoke or from time to time amend any general standards, in which case subsection (5) applies, with any necessary modification, to the revocation or amendment.
112Q. Approval to possess unapproved gaming equipment
[Section 112Q of Part 5 Inserted by No. 45 of 2001, s. 64, Applied:01 Jul 2001](1) On the application of a person, the Commission may issue a permit authorising the person to possess or have control of gaming equipment or gaming equipment of a type that is required by this Act to be approved by the Commission but has not been approved, or is not of a type that has been so approved.(2) An application is to –(a) be in a form approved by the Commission; and(b) contain the information and documents required by the Commission; and(c) [Section 112Q Subsection (2) amended by No. 31 of 2021, s. 134, Applied:01 Jul 2023] be accompanied by the prescribed fee.(3) A permit –(a) is subject to the conditions determined by the Commission and specified in it; and(b) has effect for the period specified in it.(4) The Commission may at any time revoke or amend a permit.(5) If a person possesses or has control of gaming equipment in accordance with a permit, that possession or control of the gaming equipment does not constitute an offence under this Act.
112R. Restriction on advertising and promotion of gaming
[Section 112R of Part 5 Inserted by No. 45 of 2001, s. 64, Applied:01 Jul 2001](1) A person must not advertise gaming or wagering on games, or in any other way directly or indirectly promote to the public gaming or wagering on games, except where that person is the holder of a licence or permit under this Act that relates to the conduct of that gaming or those games.Penalty: Fine not exceeding 1 000 penalty units.(2) Subsection (1) does not apply in respect of gaming or wagering on games conducted under a Tasmanian gaming licence.
Division 6 - Disciplinary action
112S. Grounds for disciplinary action
[Section 112S of Part 5 Inserted by No. 45 of 2001, s. 64, Applied:01 Jul 2001](1) Each of the following is a ground for disciplinary action in relation to a prescribed licence:(a) the prescribed licence holder is no longer suitable or qualified to hold a prescribed licence or gaming endorsement;(b) an associate of the prescribed licence holder is no longer suitable to be an associate of a prescribed licence holder;(c) the prescribed licence holder has contravened a provision of this Act or a gaming Act;(d) the prescribed licence holder has contravened a condition to which the prescribed licence is subject;(da) [Section 112S Subsection (1) amended by No. 13 of 2006, s. 21, Applied:20 Sep 2006] the prescribed licence holder has failed to take action as directed, or within the time specified, by the Commission under section 78 ;(db) [Section 112S Subsection (1) amended by No. 75 of 2009, s. 28, Applied:07 Dec 2009] the prescribed licence holder has failed to comply with a direction under section 112P ;(e) the prescribed licence holder has been found guilty of an offence involving fraud or dishonesty, whether or not in Tasmania, the maximum penalty for which exceeds imprisonment for 3 months;(f) the prescribed licence holder has failed to discharge financial obligations to the State or to a person who has wagered with the holder under the prescribed licence;(g) the prescribed licence holder is bankrupt, has compounded with creditors, has made an assignment of remuneration for the benefit of creditors or otherwise taken, or applied to take, the benefit of any law for the relief of bankrupt or insolvent debtors;(h) the prescribed licence holder is affected by control action under the Corporations Act;(i) [Section 112S Subsection (1) amended by No. 75 of 2009, s. 28, Applied:07 Dec 2009] the prescribed licence or gaming endorsement, or a permit under this Act, was obtained by a materially false or misleading representation or in some other improper way;(j) [Section 112S Subsection (1) amended by No. 75 of 2009, s. 28, Applied:07 Dec 2009] the prescribed licence holder has contravened a code of practice, established under section 112L , applying to that prescribed licence holder.(1A) [Section 112S Subsection (1A) inserted by No. 13 of 2006, s. 21, Applied:20 Sep 2006] Each of the following is a ground for disciplinary action against an accredited testing facility, manufacturer or supplier:(a) [Section 112S Subsection (1A) amended by No. 31 of 2021, s. 135, Applied:01 Jul 2023] any gaming machine, FATG machine, game or gaming equipment manufactured or supplied is, in the opinion of the Commission, unauthorised, non-compliant with approved standards, unreliable or otherwise unsatisfactory;(b) [Section 112S Subsection (1A) amended by No. 31 of 2021, s. 135, Applied:01 Jul 2023] any testing of gaming machines, FATG machines, games or gaming equipment is, in the opinion of the Commission, unsatisfactory.(2) For the purposes of forming the belief that the ground mentioned in subsection (1)(a) exists, the Commission may have regard to the same matters to which it may have regard in deciding whether an applicant for a prescribed licence or gaming endorsement is suitable or qualified to hold such a licence or endorsement.(3) For the purposes of forming the belief that the ground mentioned in subsection (1)(b) exists, the Commission may have regard to the same matters to which it may have regard in deciding whether an associate of an applicant for a prescribed licence is suitable to be such an associate.(4) For the purposes of subsection (1)(h) , a prescribed licence holder is affected by control action under the Corporations Act if the licence holder –(a) has executed a deed of company arrangement under the Corporations Act; or(b) is the subject of a winding up (whether voluntarily or under a court order) under the Corporations Act; or(c) is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under the Corporations Act.
[Section 112T of Part 5 Inserted by No. 45 of 2001, s. 64, Applied:01 Jul 2001](1) In this section,disciplinary action means any one or more of the following:(a) the cancellation of a prescribed licence;(b) the suspension of a prescribed licence;(c) the cancellation of a gaming endorsement;(d) the suspension of a gaming endorsement;(e) the amendment of the conditions to which a prescribed licence or a permit under this Act is subject, including the imposition of conditions where there were previously no conditions;(f) the imposition of a fine not exceeding –(i) [Section 112T Subsection (1) amended by No. 66 of 2002, s. 13, Applied:19 Dec 2002] [Section 112T Subsection (1) amended by No. 53 of 2005, s. 15, Applied:01 Dec 2005] [Section 112T Subsection (1) amended by No. 31 of 2021, s. 136, Applied:01 Jul 2023] 100 000 penalty units in the case of a prescribed licence that is a casino licence, keno operator's licence, Tasmanian gaming licence or foreign games permit; or(ii) [Section 112T Subsection (1) amended by No. 13 of 2006, s. 22, Applied:20 Sep 2006] [Section 112T Subsection (1) amended by No. 31 of 2021, s. 136, Applied:01 Jul 2023] 10 000 penalty units in the case of a monitoring operator’s licence or a prescribed licence that is a listing on the Roll; or(iia) [Section 112T Subsection (1) amended by No. 75 of 2009, s. 29, Applied:07 Dec 2009] [Section 112T Subsection (1) amended by No. 31 of 2021, s. 136, Applied:01 Jul 2023] 10 000 penalty units in the case of a prescribed licence that is a venue licence; or(iii) [Section 112T Subsection (1) amended by No. 75 of 2009, s. 29, Applied:07 Dec 2009] 50 penalty units in the case of a prescribed licence that is a minor gaming permit, a special employee's licence or a technician's licence; or(iv) the prescribed number of penalty units in the case of any other prescribed licence;(g) the issuing of a letter of censure.(2) If the Commission considers it appropriate, it may inquire into whether there are grounds for disciplinary action against a prescribed licence holder.(3) [Section 112T Subsection (3) amended by No. 66 of 2002, s. 13, Applied:19 Dec 2002] The Commission must notify a prescribed licence holder by written notice –(a) that it is considering taking disciplinary action on the grounds specified in the notice; and(b) that the holder, within 28 days of receipt of the notice, may make written submissions to the Commission as to why disciplinary action should not be taken.(3A) [Section 112T Subsection (3A) inserted by No. 66 of 2002, s. 13, Applied:19 Dec 2002] If the Commission under subsection (3) notifies a prescribed licence holder who is a foreign games permit holder that it is considering taking disciplinary action and the Commission is of the opinion that an accredited representative of the foreign games permit holder may be affected by the taking of any disciplinary action, the Commission must notify the accredited representative by written notice –(a) that it is considering taking disciplinary action on the grounds specified in the notice; and(b) that the accredited representative, within 28 days of receipt of the notice, may make written submissions to the Commission as to why disciplinary action should not be taken.(4) [Section 112T Subsection (4) amended by No. 66 of 2002, s. 13, Applied:19 Dec 2002] After considering any submissions made as specified in subsections (3) and (3A) , the Commission may take such disciplinary action as it considers appropriate or take no further action.(5) [Section 112T Subsection (5) amended by No. 66 of 2002, s. 13, Applied:19 Dec 2002] Despite subsections (3) , (3A) and (4) , the Commission may issue a letter of censure to a prescribed licence holder without first allowing the holder or an accredited representative an opportunity to make submissions as to why the letter of censure should not be issued.(6) A letter of censure may include a direction to the prescribed licence holder to take the action specified in the letter for the purposes of rectifying any matter giving rise to the letter of censure and may direct that the action be taken within a period specified in the letter.(7) If a prescribed licence holder fails to comply with a direction given in a letter of censure within the time specified in the letter of censure, the Commission may –(a) [Section 112T Subsection (7) amended by No. 66 of 2002, s. 13, Applied:19 Dec 2002] if the letter of censure was issued after giving the holder and any accredited representative referred to in subsection (3A) the opportunity to make submissions as to why disciplinary action should not be taken, take further disciplinary action without giving the holder or that accredited representative a further opportunity to make submissions; or(b) [Section 112T Subsection (7) amended by No. 66 of 2002, s. 13, Applied:19 Dec 2002] if the letter of censure was issued without first giving the holder or, in a case to which subsection (3A) applies, an accredited representative the opportunity to make submissions as to why disciplinary action should not be taken, take disciplinary action in accordance with subsections (3) , (3A) and (4) .(8) The Commission must notify a prescribed licence holder by written notice of its determination under subsection (4) .(9) The cancellation or suspension of a prescribed licence or a gaming endorsement, or the amendment of the conditions to which a prescribed licence under this Act is subject, takes effect on the day the prescribed licence holder receives the notice given under subsection (8) or on a later day specified in that notice.(10) A prescribed licence or a gaming endorsement is of no effect if it has been cancelled or while it is suspended.(11) The Commission may at any time terminate or reduce a period of suspension.(12) A fine imposed under this section may be recovered as a debt due to the Crown.
112TA. Liability to disciplinary action not extinguished by loss of licence
[Section 112TA Inserted by No. 75 of 2009, s. 30, Applied:07 Dec 2009] A prescribed licence holder's liability to disciplinary action under this Division for any act or omission is not extinguished by the subsequent suspension, cancellation, surrender, transfer or expiry of that prescribed licence under another provision of this Act and, for that purpose –(a) a reference in this section to a prescribed licence holder includes a former prescribed licence holder; and(b) the Commission's disciplinary powers under this section are, with necessary modification, capable of being exercised in respect of the acts or omissions of any person in their capacity as a former prescribed licence holder.
112U. Suspension of prescribed licence without opportunity to be heard
[Section 112U of Part 5 Inserted by No. 45 of 2001, s. 64, Applied:01 Jul 2001](1) [Section 112U Subsection (1) substituted by No. 31 of 2021, s. 137, Applied:01 Jul 2023] The Commission may suspend a prescribed licence by notice in writing given to the prescribed licence holder if it is satisfied that –(a) the holder or an associate of the holder has been charged with –(i) an offence against this Act; or(ii) an offence involving fraud or dishonesty, whether that offence or a conviction for the offence occurred in Tasmania or elsewhere; or(b) it is in the public interest to suspend the licence.(1A) [Section 112U Subsection (1A) inserted by No. 31 of 2021, s. 137, Applied:01 Jul 2023] The Commission may also suspend a prescribed licence by notice in writing if the prescribed licence holder fails to pay any fee, taxation, levy or other amount payable under this Act for that licence –(a) within one month of it becoming payable; or(b) by any later date to which the person to whom the fee, taxation, levy or other amount is payable may agree.(2) [Section 112U Subsection (2) substituted by No. 31 of 2021, s. 137, Applied:01 Jul 2023] The suspension of a prescribed licence takes effect –(a) on and from the date specified in the notice; and(b) for the period specified in the notice.(3) The Commission may at any time terminate or reduce a period of suspension.
PART 6 - Minors
In this Part –acceptable proof of age for a person means documentary evidence that might reasonably be accepted as applying to the person and as proving that the person is at least 18 years of age;[Section 113 Amended by No. 9 of 2009, s. 40, Applied:01 Jul 2009] approved venue includes approved location and approved outlet;minor means a person who is under the age of 18 years.
This Part applies to an approved venue only during the hours of operation of the approved venue.
115. Minors not to enter restricted gaming areas
[Section 115 Amended by No. 11 of 1998, Sched. 1, Applied:22 May 1998] A minor must not for any purpose enter or remain in a restricted gaming area.Penalty: Fine not exceeding 10 penalty units.
116. Minors not to participate in gaming
[Section 116 Substituted by No. 45 of 2001, s. 65, Applied:01 Jul 2001](1) A minor must not wager on, or otherwise participate in, any gaming, game or gaming activity.Penalty: Fine not exceeding 20 penalty units.(2) If a minor wagers on, or otherwise participates in, any gaming, game or gaming activity –(a) he or she is not entitled to any winnings he or she may have made on that wager or by that participation; and(b) those winnings are forfeited to the Crown.
117. Offences by casino operators and venue operators in respect of minors
(1) [Section 117 Subsection (1) amended by No. 31 of 2021, s. 138, Applied:01 Jul 2023] [Section 117 Subsection (1) amended by No. 11 of 1998, Sched. 1, Applied:22 May 1998] If a minor enters a restricted gaming area of an approved venue, the casino operator or venue operator is guilty of an offence.Penalty: [Section 117 Subsection (1) amended by No. 75 of 2009, s. 31, Applied:07 Dec 2009] Fine not exceeding 100 penalty units.(2) [Section 117 Subsection (2) amended by No. 31 of 2021, s. 138, Applied:01 Jul 2023] [Section 117 Subsection (2) amended by No. 11 of 1998, Sched. 1, Applied:22 May 1998] If a minor is in a restricted gaming area of an approved venue, the casino operator or venue operator must remove the minor or cause the minor to be removed from the restricted gaming area, using no more force than is reasonably necessary.Penalty: [Section 117 Subsection (2) amended by No. 75 of 2009, s. 31, Applied:07 Dec 2009] Fine not exceeding 100 penalty units.(3) [Section 117 Subsection (3) amended by No. 31 of 2021, s. 138, Applied:01 Jul 2023] [Section 117 Subsection (3) amended by No. 45 of 2001, s. 66, Applied:01 Jul 2001] A casino operator or venue operator must not allow a person to wager on, or otherwise participate in, any gaming or game in any area of an approved venue if the casino operator or venue operator knows or reasonably suspects that the person is a minor.Penalty: [Section 117 Subsection (3) amended by No. 75 of 2009, s. 31, Applied:07 Dec 2009] Fine not exceeding 100 penalty units.(4) It is a defence to a prosecution for an offence under this section if it is proved that –(a) the minor was above the age of 14 years; and(b) [Section 117 Subsection (4) amended by No. 11 of 1998, Sched. 1, Applied:22 May 1998] [Section 117 Subsection (4) amended by No. 31 of 2021, s. 138, Applied:01 Jul 2023] before the minor entered the restricted gaming area or approved venue (as the case may be) or while the minor was in the restricted gaming area or approved venue (as the case may be) there was produced to the casino operator or venue operator or to his or her agent or employee acceptable proof of age for the minor.
117A. Offence by special employees in respect of minors
[Section 117A Inserted by No. 75 of 2009, s. 32, Applied:07 Dec 2009](1) This section applies to a person who is –(a) [Section 117A Subsection (1) amended by No. 31 of 2021, s. 139, Applied:01 Jul 2023] a special employee of a licensed provider, casino operator or venue operator; and(b) [Section 117A Subsection (1) amended by No. 31 of 2021, s. 139, Applied:01 Jul 2023] performing duties in or in respect of a restricted gaming area of that licensed provider, casino operator or venue operator.(2) The person must not allow a minor to enter or remain in the restricted gaming area.Penalty: Fine not exceeding 50 penalty units.(3) It is a defence to a prosecution for an offence under subsection (2) if the defendant establishes that –(a) the minor was above the age of 14 years; and(b) before the minor entered the restricted gaming area or, as the case may be, while the minor was in the restricted gaming area, acceptable proof of age for the minor was produced to –(i) [Section 117A Subsection (3) amended by No. 31 of 2021, s. 139, Applied:01 Jul 2023] the licensed provider, casino operator or venue operator; or(ii) the defendant; or(iii) [Section 117A Subsection (3) amended by No. 31 of 2021, s. 139, Applied:01 Jul 2023] another special employee of the licensed provider, casino operator or venue operator.(4) It is also a defence to a prosecution for an offence under subsection (2) if the defendant establishes that the nature of the relevant duties was such that, at the relevant time, the defendant could not reasonably have been expected to –(a) monitor the persons entering the restricted gaming area or, as the case may be, the persons in the restricted gaming area; or(b) exert any control over which persons could enter or, as the case may be, remain in the restricted gaming area.
118. Prohibition on accepting wager of minor
[Section 118 Subsection (1) amended by No. 11 of 1998, Sched. 1, Applied:22 May 1998] [Section 118 Substituted by No. 45 of 2001, s. 67, Applied:01 Jul 2001](1) [Section 118 Subsection (1) amended by No. 66 of 2002, Sched. 1, Applied:19 Dec 2002] A prescribed licence holder must not accept from a minor a wager on, or otherwise allow the participation of a minor in, any gaming, game, gaming activity or foreign game.Penalty: Fine not exceeding 50 penalty units.(2) It is a defence to a prosecution for an offence under subsection (1) if it is shown that –(a) the minor was above the age of 14 years; and(b) [Section 118 Subsection (2) amended by No. 66 of 2002, s. 14, Applied:19 Dec 2002] before the minor wagered or participated in the gaming, game, gaming activity or foreign game there was produced to the prescribed licence holder or to an agent, employee or accredited representative of the prescribed licence holder acceptable proof of age for the minor.
118A. Prohibition on facilitating gaming by minor
[Section 118A Inserted by No. 45 of 2001, s. 67, Applied:01 Jul 2001](1) A person must not –(a) [Section 118A Subsection (1) amended by No. 66 of 2002, Sched. 1, Applied:19 Dec 2002] place a wager on, or otherwise participate in, any gaming, game, gaming activity or foreign game on behalf of a minor; or(b) [Section 118A Subsection (1) amended by No. 66 of 2002, Sched. 1, Applied:19 Dec 2002] otherwise facilitate the wagering on, or other participation in, any gaming, game, gaming activity or foreign game by a minor.Penalty: [Section 118A Subsection (1) amended by No. 75 of 2009, s. 33, Applied:07 Dec 2009] Fine not exceeding 50 penalty units.(2) It is a defence to a prosecution for an offence under subsection (1) if it is shown that –(a) the minor was above the age of 14 years; and(b) there was produced to the person acceptable proof of age for the minor before the person –(i) [Section 118A Subsection (2) amended by No. 66 of 2002, Sched. 1, Applied:19 Dec 2002] placed the wager on, or otherwise participated in, the gaming, game, gaming activity or foreign game on behalf of the minor; or(ii) [Section 118A Subsection (2) amended by No. 66 of 2002, Sched. 1, Applied:19 Dec 2002] otherwise facilitated the wagering on, or other participation in, the gaming, game, gaming activity or foreign game by a minor.
119. Proof of age may be required
(1) [Section 119 Subsection (1) amended by No. 45 of 2001, s. 68, Applied:01 Jul 2001] The person for the time being in charge of an approved venue or other premises in which any gaming, game or gaming activity is conducted, a special employee, an inspector or a police officer may, if he or she has reasonable cause to suspect that a person in an approved venue or such other premises is a minor–(a) [Section 119 Subsection (1) amended by No. 45 of 2001, s. 68, Applied:01 Jul 2001] require the person in the approved venue or such other premises to state his or her correct age, name and address; and(b) if it is suspected on reasonable grounds that the age, name or address given in response to the requirement is false, require the person to produce evidence of its correctness.(2) A person must not fail to comply with a requirement under subsection (1) (a) and must not, without reasonable cause, fail to comply with a requirement under subsection (1) (b) .Penalty: Fine not exceeding 10 penalty units.(3) It is not an offence to fail to comply with a requirement under subsection (1) if the person who made the requirement did not inform the person of whom the requirement was made, at the time it was made, that it is an offence to fail to comply with the requirement.(4) If a person contravenes subsection (2) , a police officer may arrest the person without warrant and bring the person before a magistrate to be dealt with according to law.
120. Minors using false evidence of age
[Section 120 Amended by No. 11 of 1998, Sched. 1, Applied:22 May 1998] A minor who uses any evidence purporting to be evidence of his or her age in order to obtain entry to or remain in a restricted gaming area is guilty of an offence if the evidence is false in a material particular in relation to the minor.[Section 121 Subsection (1) amended by No. 11 of 1998, Sched. 1, Applied:22 May 1998] [Section 121 Subsection (3) amended by No. 75 of 2009, s. 34, Applied:07 Dec 2009] [Section 121 Repealed by No. 31 of 2021, s. 140, Applied:01 Jul 2023] . . . . . . . .Penalty: Fine not exceeding 10 penalty units.
122. Apprentices permitted entry to restricted gaming areas
[Section 122 Amended by No. 11 of 1998, Sched. 1, Applied:22 May 1998] [Section 122 Amended by No. 45 of 2001, s. 69, Applied:01 Jul 2001] It is a defence to a prosecution under section 115 or section 117(1) or (2) if it is proved that the minor concerned was an apprentice or trainee and that the minor's entry into or presence in the restricted gaming area on the occasion in question was for the purpose only of his or her receiving training or instruction as an apprentice or trainee.
PART 7 - Tasmanian Liquor and Gaming Commission[Part 7 Heading amended by No. 9 of 2015, s. 32, Applied:12 Aug 2015]
123. Tasmanian Liquor and Gaming Commission
(1) [Section 123 Subsection (1) substituted by No. 9 of 2015, s. 33, Applied:12 Aug 2015] The Tasmanian Gaming Commission established under this section as in force immediately before the commencement of the Liquor Licensing Amendment (Liquor and Gaming Administrative Restructuring) Act 2015 is continued after that commencement as the Tasmanian Liquor and Gaming Commission.(2) The Commission –(a) is a body corporate with perpetual succession; and(b) has a seal; and(c) may sue and be sued in its corporate name.(3) The seal of the Commission is to be kept and used as authorized by the Commission.(4) All courts and persons acting judicially must take judicial notice of the imprint of the seal of the Commission on a document and presume that it was duly sealed by the Commission.
(1) [Section 124 Subsection (1) substituted by No. 15 of 2004, s. 5, Applied:01 Jul 2004] The Commission consists of 3 persons, one of whom may be a State Service officer or State Service employee.(1A) [Section 124 Subsection (1A) inserted by No. 15 of 2004, s. 5, Applied:01 Jul 2004] The members of the Commission are appointed by the Governor on the recommendation of the Minister.(2) The Minister must not recommend a person for appointment as a member of the Commission unless the Minister is satisfied that the person has appropriate knowledge, experience and expertise to act as a member.(3) [Section 124 Subsection (3) amended by No. 31 of 2021, s. 141, Applied:01 Jul 2023] A person is not eligible to be appointed as a member of the Commission if that person has been employed by or significantly associated with a venue operator, keno operator, monitoring operator, casino operator or gaming operator at any time within the preceding 2 years.(4) [Section 124 Subsection (4) substituted by No. 15 of 2004, s. 5, Applied:01 Jul 2004] A member of the Commission who is not a State Service officer or State Service employee is appointed by the Governor as chairperson of the Commission.(5) Schedule 2 has effect.(6) Schedule 3 has effect.(7) Until the members of the Commission are appointed under subsection (1) , but for a period not exceeding one year after the commencement of this Act, the Commission is to be a corporation sole constituted by the Secretary of the Department.(8) [Section 124 Subsection (8) inserted by No. 31 of 2021, s. 141, Applied:01 Jul 2023] In this section –gaming operator means a person who, immediately before the commencement of Part 4 of the Gaming Control Amendment (Future Gaming Market) Act 2021 was a gaming operator under this Act.
The functions of the Commission are as follows:(a) [Section 125 Amended by No. 9 of 2009, s. 41, Applied:01 Jul 2009] to regulate and control gaming and wagering to ensure that it is conducted honestly and free from criminal influence and exploitation;(ab) [Section 125 Amended by No. 31 of 2021, s. 21, Applied:16 Dec 2021] to impartially, independently and in the public interest, research, promote, investigate and make recommendations about the impacts of gambling in Tasmania;(ac) [Section 125 Amended by No. 31 of 2021, s. 21, Applied:16 Dec 2021] to foster the responsible service of gambling and minimise the harm from gambling;(b) [Section 125 Amended by No. 9 of 2009, s. 41, Applied:01 Jul 2009] to investigate, and make policy recommendations to the Minister on, matters relating to gaming and other forms of wagering;(c) [Section 125 Amended by No. 9 of 2009, s. 41, Applied:01 Jul 2009] to research and investigate matters relating to the control of gaming and other forms of wagering including the probity and financial security of persons involved in the management of gaming and other wagering operations;(d) [Section 125 Amended by No. 9 of 2009, s. 41, Applied:01 Jul 2009] to liaise with authorities or persons responsible for the regulation and control of the conduct of gaming or other forms of wagering;(e) [Section 125 Amended by No. 9 of 2009, s. 41, Applied:01 Jul 2009] to review and determine complaints relating to the conduct of gaming or other forms of wagering;(ea) [Section 125 Amended by No. 75 of 2009, s. 35, Applied:07 Dec 2009] [Section 125 Amended by No. 31 of 2021, s. 21, Applied:16 Dec 2021] . . . . . . . .(eb) [Section 125 Amended by No. 9 of 2015, s. 34, Applied:12 Aug 2015] to hear liquor licence applications referred to it by the Commissioner for Licensing under the Liquor Licensing Act 1990 ;(ec) [Section 125 Amended by No. 9 of 2015, s. 34, Applied:12 Aug 2015] to hear appeals against decisions of the Commissioner for Licensing under the Liquor Licensing Act 1990 ;(f) to perform such other functions as are imposed on it by this Act or any other Act or as are prescribed.
The Commission has power to do all things necessary or convenient to be done in connection with the performance of its functions under this Act or any other Act.
127. Minister may give Commission directions
(1) [Section 127 Subsection (1) amended by No. 9 of 2015, s. 35, Applied:12 Aug 2015] The Minister may give to the Commission any direction that the Minister considers to be necessary or desirable with respect to the performance or exercise by the Commission of its functions or powers under this Act or any other Act other than the Liquor Licensing Act 1990 .(2) The Commission is not bound by a direction given under subsection (1) unless the direction is in writing and signed by the Minister.(3) The power conferred on the Minister by subsection (1) must not be exercised so as –(a) to require the Commission to do anything that it is not empowered to do by this Act or any other Act; or(b) to prevent the Commission from performing any function that it is expressly required by this Act or any other Act to perform, whether conditionally or unconditionally; or(c) to interfere with the formation by the Commission of any opinion or belief in relation to any matter that is to be determined as a prerequisite to the performance or exercise by the Commission of any of its functions or powers under this Act or any other Act.(4) Subsection (1) does not authorize the Minister to give a direction to the Commission preventing it from –any licence, approval or other authority that it may grant or issue under this Act.(a) granting or refusing to grant; or(b) exercising its power under this Act or any other Act to cancel, revoke or suspend –(4A) [Section 127 Subsection (4A) inserted by No. 31 of 2021, s. 142, Applied:01 Jul 2023] Nothing in subsection (3) or (4) prevents or limits the exercise of the power conferred on the Minister by subsection (1) to give a direction to the Commission with respect to the endorsement of gaming machine authorities on venue licences by the Commission if such a direction is in the community interest.(5) The Minister may, at any time, by notice in writing given to the Commission, revoke a direction given to it under subsection (1) .(6) [Section 127 Subsection (6) inserted by No. 15 of 2004, s. 6, Applied:01 Jul 2004] The Minister is to cause notice of each direction given to the Commission under subsection (1) and each revocation of any such direction to be published in the Gazette.(7) [Section 127 Subsection (7) inserted by No. 15 of 2004, s. 6, Applied:01 Jul 2004] A notice under subsection (6) is not a statutory rule within the meaning of the Rules Publication Act 1953 .
127AA. Direction to be given in relation to appropriate harm minimisation technologies
[Section 127AA Inserted by No. 31 of 2021, s. 22, Applied:16 Dec 2021](1) In this section –appropriate harm minimisation technologies means –(a) facial recognition technology; and(b) restricted use cards;restricted use card means a card, containing electronic data, by means of which a player is able to be identified and to use a gaming machine.(2) Within 30 days after the day on which the Gaming Control Amendment (Future Gaming Market) Act 2021 receives the Royal Assent, the Minister must give to the Commission a direction under section 127 .(3) The direction given in accordance with subsection (2) is to direct the Commission –(a) to carry out, in relation to the relevant matters, an investigation with a view to determining the most effective method of implementing appropriate harm minimisation technologies in casinos, hotels and clubs; and(b) to provide to the Minister, before 30 June 2022, a report in relation to the results of the investigation.(4) The investigation in relation to the relevant matters is to be an investigation –(a) as to the extent to which the implementation, in casinos, hotels, and clubs of appropriate harm minimisation technologies may enhance the minimisation of the harm caused by problem gambling; and(b) as to the existing appropriate harm minimisation technologies that may be able to be used in casinos, hotels and clubs; and(c) as to the options for, and the desirability and feasibility of, the use in casinos, hotels and clubs of restricted use cards enabling players to store, and use for the purpose of wagering in gaming machines, amounts of money that are determined by the players before they begin to use the cards; and(d) as to the costs and benefits of the adoption in casinos, hotels and clubs of appropriate harm minimisation technologies; and(e) as to the timeframe in which, and the most effective methods by which, appropriate harm minimisation technologies may be implemented in casinos, hotels and clubs.(5) The investigation for the purposes specified in subsection (4)(d) is to include consultation with such persons involved in the gambling industry, and such persons with an interest in the gambling industry, as the Commission thinks fit.(6) Without limiting the matters that may be contained in the report by the Commission in relation to the investigation, the report is to include –(a) the Commission’s recommendations as to the most effective method of implementing appropriate harm minimisation technologies in casinos, hotels and clubs; and(b) the steps the Commission proposes to take to implement those recommendations as soon as reasonably practicable.
127AB. Directions to be given in relation to simulated racing events and FATG machines
[Section 127AB Inserted by No. 31 of 2021, s. 23, Applied:16 Dec 2021](1) The Minister must, 12 months after the day on which the Gaming Control Amendment (Future Gaming Market) Act 2021 receives the Royal Assent, give to the Commission a direction under section 127 .(2) The direction given in accordance with subsection (1) is to direct the Commission –(a) to carry out, in relation to the relevant matters, an investigation into the introduction of gaming on simulated racing events at and from approved locations and approved outlets under the authority of Tasmanian gaming licences; and(b) to provide to the Minister, within 6 months of the direction being given, a report in relation to the results of the investigation.(3) The investigation under subsection (2) in relation to the relevant matters is to be an investigation –(a) into the impact of gambling on simulated racing events on total gambling losses and the level of gambling harm in the community in Tasmania; and(b) into the impact of gambling on simulated racing events on participation in, and engagement with, other forms of gambling; and(c) into the impact of the introduction of simulated racing events on employment in the gambling industry in Tasmania.(4) Without limiting the matters that may be contained in the report by the Commission in relation to the investigation under subsection (2) , the report is to include –(a) the Commission’s recommendations on policy considerations, harm minimisation measures and regulatory considerations in relation to the conduct of simulated racing events and their implementation; and(b) the steps that the Commission proposes to take to implement those recommendations as soon as reasonably practicable.(5) The Minister must, 12 months after the day on which Part 4 of the Gaming Control Amendment (Future Gaming Market) Act 2021 commences, give to the Commission a direction under section 127 .(6) The direction given in accordance with subsection (5) is to direct the Commission –(a) to carry out, in relation to the relevant matters, an investigation into the introduction of fully-automated table game machines (FATG machines) in casino in Tasmania; and(b) to provide to the Minister, within 6 months of the direction, a report in relation to the results of the investigation.(7) The investigation under subsection (6) in relation to the relevant matters is to be an investigation –(a) into the impact of gambling on FATG machines on total gambling losses and the level of gambling harm in the community in Tasmania; and(b) into the impact of gambling on FATG machines on participation in, and engagement with, other forms of gambling; and(c) into the impact of the introduction of FATG machines on employment in the gambling industry in Tasmania.(8) Without limiting the matters that may be contained in the report by the Commission in relation to the investigation under subsection (6) , the report is to include –(a) the Commission’s recommendations on policy considerations, harm minimisation measures and regulatory considerations in relation to the introduction of FATG machines in casinos and their implementation; and(b) the steps that the Commission proposes to take to implement those recommendations as soon as reasonably practicable.(9) An investigation under this section is to include consultation with such persons involved in the gambling industry, and such persons with an interest in the gambling industry, as the Commission thinks fit.
PART 8 - Inspectors
[Section 127A Inserted by No. 9 of 2009, s. 42, Applied:01 Jul 2009] In this Part –approved venue includes approved location and approved outlet.
(1) [Section 128 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] Subject to and in accordance with the State Service Act 2000 , there may be appointed or employed inspectors for the purposes of this Act.(2) [Section 128 Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Secretary of the Department may–to be inspectors for the purposes of this Act and those officers and employees hold office in conjunction with State Service employment.(a) [Section 128 Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] appoint State Service officers and State Service employees employed in the Department; and(b) [Section 128 Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] with the approval of another Head of a State Service Agency, appoint State Service officers and State Service employees employed in that Agency –(3) A person may not be appointed as an inspector under subsection (1) or (2) unless the Commission is satisfied after due inquiry that the person is of good reputation, having regard to character, honesty and integrity.(4) The Commission may require a person the Commission is inquiring into in relation to the person's suitability to be appointed an inspector to consent to having his or her photograph, finger prints and palm prints taken.(5) The Commission must refer a copy of any photograph, finger prints and palm prints and any supporting documentation to the Commissioner of Police.(6) The Commissioner of Police must inquire into and report to the Commission on any matters concerning the person's suitability to be appointed as an inspector that the Commission requests.(7) Unless the Commission otherwise approves, a person is not eligible to be appointed an inspector if, at any time during the preceding 2 years, the person has been employed by or significantly associated with a licensed operator.
129. Identification of inspectors
(1) An inspector is not authorized to exercise the functions of an inspector unless he or she is in possession of an identification card issued by the Commission.(2) If a person proposing to exercise the functions of an inspector fails to produce on demand his or her identification card, the person is not authorized to exercise those functions in relation to the person making the demand.
[Section 130 Subsection (1) amended by No. 102 of 1999, Sched. 1, Applied:22 Dec 1999] [Section 130 Subsection (1) amended by No. 102 of 1999, s. 19, Applied:22 Dec 1999] [Section 130 Subsection (2) substituted by No. 46 of 1996, s. 12 ][Section 130 Substituted by No. 45 of 2001, s. 70, Applied:01 Jul 2001](1) In this section,prescribed premises means any of the following premises:(a) [Section 130 Subsection (1) amended by No. 31 of 2021, s. 143, Applied:01 Jul 2023] the premises of a casino operator or venue operator;(b) [Section 130 Subsection (1) amended by No. 31 of 2021, s. 143, Applied:01 Jul 2023] the premises of a keno operator;(ba) [Section 130 Subsection (1) amended by No. 31 of 2021, s. 143, Applied:01 Jul 2023] the premises of a monitoring operator;(c) the premises of a person listed on the Roll;(d) [Section 130 Subsection (1) amended by No. 9 of 2009, s. 43, Applied:01 Jul 2009] the approved location or an approved outlet;(e) the premises of a holder of a minor gaming permit;(f) the premises of a lucky envelope supplier;(g) [Section 130 Subsection (1) amended by No. 66 of 2002, s. 15, Applied:19 Dec 2002] the premises of a foreign games permit holder;(h) [Section 130 Subsection (1) amended by No. 66 of 2002, s. 15, Applied:19 Dec 2002] the premises of an accredited representative;(i) [Section 130 Subsection (1) amended by No. 66 of 2002, s. 15, Applied:19 Dec 2002] premises which an inspector or a police officer believes, on reasonable grounds, are being used for –(i) gaming; or(ii) [Section 130 Subsection (1) amended by No. 9 of 2009, s. 43, Applied:01 Jul 2009] the conduct of any game or gaming activity; or(iii) the sale of tickets in a foreign game; or(iv) the storage of any records relating to gaming, the conduct of any game or the sale of tickets in a foreign game.(2) An inspector or a police officer may at any time enter and remain on prescribed premises for the purposes of doing any one or more of the following:(a) observing the conduct of gaming, wagering or business on those premises;(b) ascertaining whether the operation of those premises is being properly conducted, supervised and managed;(c) ascertaining whether the provisions of this Act or any other Act are being complied with;(d) ascertaining whether the licence or permit is being complied with;(e) exercising his or her functions under this Act.(3) An inspector must not remain on any premises if he or she does not produce an identification card when requested to do so by a person apparently in charge of the premises.
(1) [Section 131 Subsection (1) amended by No. 46 of 1996, s. 13 ]The functions of inspectors under this Act are as follows:(a) [Section 131 Subsection (1) amended by No. 102 of 1999, s. 20, Applied:22 Dec 1999] [Section 131 Subsection (1) amended by No. 45 of 2001, s. 71, Applied:01 Jul 2001] [Section 131 Subsection (1) amended by No. 31 of 2021, s. 144, Applied:01 Jul 2023] to supervise operations at approved venues and on the premises of monitoring operators, keno operators, licensed providers, minor gaming operators and persons listed on the Roll, for the purpose of ascertaining whether or not the operator, provider or person listed is complying with the provisions of this Act, the conditions of the licence or permit, and any directions or rules issued by the Commission under this Act;(b) to supervise the handling and counting of money in a casino;(c) [Section 131 Subsection (1) amended by No. 45 of 2001, s. 71, Applied:01 Jul 2001] to receive and investigate complaints, in accordance with section 132 , from patrons relating to the conduct of –(i) [Section 131 Subsection (1) amended by No. 31 of 2021, s. 144, Applied:01 Jul 2023] a game, gaming or a gaming activity; or(ii) [Section 131 Subsection (1) amended by No. 66 of 2002, s. 16, Applied:19 Dec 2002] authorised games; or(iii) [Section 131 Subsection (1) amended by No. 66 of 2002, s. 16, Applied:19 Dec 2002] the sale in Tasmania of tickets in foreign games;(ca) [Section 131 Subsection (1) amended by No. 45 of 2001, s. 71, Applied:01 Jul 2001] [Section 131 Subsection (1) amended by No. 66 of 2002, s. 16, Applied:19 Dec 2002] to inspect gaming equipment used, and any records relating to gaming or the sale in Tasmania of tickets in foreign games kept, for the purpose of ascertaining whether or not this Act, the conditions of a licence or permit or any directions or rules issued by the Commission are being contravened;(d) [Section 131 Subsection (1) amended by No. 45 of 2001, s. 71, Applied:01 Jul 2001] to assist in any other manner, where necessary, in the detection of offences committed against this Act;(e) to report to the Commission as required;(f) such other functions as are conferred on inspectors under this Act or any other Act.(2) [Section 131 Subsection (2) amended by No. 45 of 2001, s. 71, Applied:01 Jul 2001] [Section 131 Subsection (2) amended by No. 102 of 1999, s. 20, Applied:22 Dec 1999] Inspectors must not participate in gaming or wager with a licensed provider or a minor gaming operator while on duty other than as required in the course of their employment.Penalty: Fine not exceeding 20 penalty units.
132. Investigation of complaints by inspectors
(1) [Section 132 Subsection (1) amended by No. 46 of 1996, s. 14 ][Section 132 Subsection (1) substituted by No. 45 of 2001, s. 72, Applied:01 Jul 2001] An inspector must investigate, as soon as possible, a complaint from a patron relating to –(a) [Section 132 Subsection (1) amended by No. 45 of 2019, s. 13, Applied:12 Dec 2019] [Section 132 Subsection (1) amended by No. 31 of 2021, s. 145, Applied:01 Jul 2023] the conduct of a game, gaming or a gaming activity; or(b) [Section 132 Subsection (1) amended by No. 9 of 2009, s. 44, Applied:01 Jul 2009] [Section 132 Subsection (1) amended by No. 45 of 2019, s. 13, Applied:12 Dec 2019] [Section 132 Subsection (1) amended by No. 31 of 2021, s. 145, Applied:01 Jul 2023] . . . . . . . .(c) [Section 132 Subsection (1) amended by No. 66 of 2002, s. 17, Applied:19 Dec 2002] a lucky envelope; or(d) [Section 132 Subsection (1) amended by No. 66 of 2002, s. 17, Applied:19 Dec 2002] the sale in Tasmania of a ticket in a foreign game.(2) [Section 132 Subsection (2) amended by No. 46 of 1996, s. 14 ][Section 132 Subsection (2) substituted by No. 45 of 2001, s. 72, Applied:01 Jul 2001] In the investigation, unless the Commission otherwise directs, the inspector must –(a) inform the following persons, if relevant, of the substance of the complaint:(i) the venue operator;(ia) [Section 132 Subsection (2) amended by No. 31 of 2021, s. 145, Applied:01 Jul 2023] the casino operator;(ii) [Section 132 Subsection (2) amended by No. 31 of 2021, s. 145, Applied:01 Jul 2023] the keno operator;(iia) [Section 132 Subsection (2) amended by No. 9 of 2009, s. 44, Applied:01 Jul 2009] the licensed provider or licensed provider's agent, or both;(iib) [Section 132 Subsection (2) amended by No. 31 of 2021, s. 145, Applied:01 Jul 2023] the monitoring operator;(iii) [Section 132 Subsection (2) amended by No. 45 of 2019, s. 13, Applied:12 Dec 2019] the person apparently in charge of the non-licensed or other premises at which the gaming, gaming activity or game is conducted;(iv) [Section 132 Subsection (2) amended by No. 45 of 2019, s. 13, Applied:12 Dec 2019] any holder of a licence or permit granted under this Act under which the gaming, gaming activity or game is conducted or the premises are used for the purposes of the conduct of gaming, a gaming activity or a game;(v) [Section 132 Subsection (2) amended by No. 66 of 2002, s. 17, Applied:19 Dec 2002] the lucky envelope supplier;(vi) [Section 132 Subsection (2) amended by No. 66 of 2002, s. 17, Applied:19 Dec 2002] the person apparently in charge of the premises from which the ticket in a foreign game was sold; and(b) give each of the persons so informed a reasonable opportunity to make a response to the complaint.(3) If, as a result of the investigation, the inspector is satisfied that there has been a contravention of –the inspector must report the matter to the Commission in writing.(a) [Section 132 Subsection (3) amended by No. 45 of 2001, s. 72, Applied:01 Jul 2001] a condition of a licence or permit granted under this Act; or(b) [Section 132 Subsection (3) amended by No. 45 of 2019, s. 13, Applied:12 Dec 2019] the rules of a game, or a gaming activity, approved under this Act; or(ba) [Section 132 Subsection (3) amended by No. 45 of 2001, s. 72, Applied:01 Jul 2001] a condition relating to the conduct and playing of an authorised game; or(bb) [Section 132 Subsection (3) amended by No. 45 of 2001, s. 72, Applied:01 Jul 2001] the rules of the game in respect of an authorised game; or(c) any direction given by the Commission under this Act; or(d) [Section 132 Subsection (3) amended by No. 31 of 2021, s. 145, Applied:01 Jul 2023] any of the internal controls or administrative and accounting procedures for a licence holder under section 137 , 137A or section 138 ; or(e) any other provision of this Act or any other Act –(4) The Commission must inform the complainant of the results of the investigation of the complaint and of any action taken as a consequence of it.
(1) [Section 133 Subsection (1) amended by No. 46 of 1996, s. 15 ]An inspector may do any one or more of the following:(a) require any person in possession of, or having control of, any gaming equipment or records to produce the equipment or records for inspection and to answer questions or provide information relating to the equipment or records;(b) [Section 133 Subsection (1) amended by No. 45 of 2001, s. 73, Applied:01 Jul 2001] [Section 133 Subsection (1) amended by No. 45 of 2019, s. 14, Applied:12 Dec 2019] inspect any gaming equipment, other equipment used in relation to the conduct of gaming, a gaming activity, or a game, under a licence or permit granted under this Act or records and take copies of, extracts from, or notes relating to, any records;(c) [Section 133 Subsection (1) amended by No. 45 of 2001, s. 73, Applied:01 Jul 2001] if the inspector considers it necessary to do so for the purpose of obtaining evidence of the commission of an offence, seize any gaming equipment, other equipment used in the conduct of a business under a licence or permit granted under this Act, records or prohibited device;(d) [Section 133 Subsection (1) amended by No. 45 of 2001, s. 73, Applied:01 Jul 2001] by notice in writing require–to attend before the inspector at a specified time or place and answer questions, or provide information, with respect to any business or activity authorized by a licence or permit under this Act;(i) [Section 133 Subsection (1) amended by No. 31 of 2021, s. 146, Applied:01 Jul 2023] the venue operator, the casino operator or the keno operator; or(ia) [Section 133 Subsection (1) amended by No. 31 of 2021, s. 146, Applied:01 Jul 2023] the monitoring operator; or(ii) [Section 133 Subsection (1) amended by No. 13 of 2006, s. 23, Applied:20 Sep 2006] [Section 133 Subsection (1) amended by No. 31 of 2021, s. 146, Applied:01 Jul 2023] the person listed on the Roll; or(iii) a special employee; or(iv) [Section 133 Subsection (1) amended by No. 102 of 1999, s. 21, Applied:22 Dec 1999] [Section 133 Subsection (1) amended by No. 45 of 2001, s. 73, Applied:01 Jul 2001] [Section 133 Subsection (1) amended by No. 9 of 2009, s. 45, Applied:01 Jul 2009] a licensed provider or agent of the licensed provider, or both; or(v) [Section 133 Subsection (1) amended by No. 102 of 1999, s. 21, Applied:22 Dec 1999] [Section 133 Subsection (1) amended by No. 45 of 2001, s. 73, Applied:01 Jul 2001] a minor gaming operator; or(vi) [Section 133 Subsection (1) amended by No. 45 of 2001, s. 73, Applied:01 Jul 2001] [Section 133 Subsection (1) amended by No. 66 of 2002, s. 18, Applied:19 Dec 2002] a foreign games permit holder; or(vii) [Section 133 Subsection (1) amended by No. 45 of 2001, s. 73, Applied:01 Jul 2001] [Section 133 Subsection (1) amended by No. 66 of 2002, s. 18, Applied:19 Dec 2002] an accredited representative; or(viii) [Section 133 Subsection (1) amended by No. 66 of 2002, s. 18, Applied:19 Dec 2002] [Section 133 Subsection (1) amended by No. 9 of 2009, s. 45, Applied:01 Jul 2009] [Section 133 Subsection (1) amended by No. 45 of 2019, s. 14, Applied:12 Dec 2019] any other person who the inspector, on reasonable grounds, believes conducts gaming or a gaming activity; or(ix) [Section 133 Subsection (1) amended by No. 66 of 2002, s. 18, Applied:19 Dec 2002] an employee of a person referred to in this paragraph –(e) examine and test any gaming equipment in such premises and order the person in charge of the premises to withdraw unsatisfactory gaming equipment from use on the premises;(ea) require any person to provide assistance to the inspector that is reasonably necessary to perform his or her functions;(f) call to his or her aid a police officer if he or she is obstructed, or believes on reasonable grounds that he or she will be obstructed, in the exercise of his or her functions;(g) any other thing authorized under this Act or any other Act to be done by an inspector.(2) [Section 133 Subsection (2) amended by No. 45 of 2001, s. 73, Applied:01 Jul 2001] If an inspector seizes gaming equipment, other equipment, records or a prohibited device under this section, they may be retained by the Commission until the completion of any proceedings in which they may be evidence but only if, in the case of records, the person from whom the records were seized is provided, within a reasonable time after the seizure, with a copy of the records certified by the Commission as a true copy.(3) Subsection (2) ceases to have effect in relation to things seized if, on the application of a person aggrieved by the seizure, the court in which proceedings referred to in that subsection are instituted so orders.(4) A copy of records provided under subsection (2) is, as evidence, of equal validity to the records of which it is certified to be a copy.(5) A person is not required by this section to answer a question that might incriminate the person.(6) A police officer has, while assisting an inspector, the functions of an inspector.(7) [Section 133 Subsection (7) substituted by No. 46 of 1996, s. 15 ][Section 133 Subsection (7) substituted by No. 45 of 2001, s. 73, Applied:01 Jul 2001] In this section,records means records relating to –(a) any business or activity authorised by a licence or permit under this Act; or(b) [Section 133 Subsection (7) amended by No. 9 of 2009, s. 45, Applied:01 Jul 2009] [Section 133 Subsection (7) amended by No. 45 of 2019, s. 14, Applied:12 Dec 2019] the unlawful conduct of gaming or a gaming activity.
(1) [Section 134 Subsection (1) amended by No. 45 of 2019, s. 15, Applied:12 Dec 2019] [Section 134 Subsection (1) amended by No. 66 of 2002, s. 19, Applied:19 Dec 2002] [Section 134 Subsection (1) amended by No. 45 of 2001, s. 74, Applied:01 Jul 2001] [Section 134 Subsection (1) amended by No. 46 of 1996, s. 16 ]An inspector, with the consent of the Commission, or a police officer may apply to a magistrate for the issue of a search warrant if the inspector or police officer believes on reasonable grounds that there are on any premises gaming equipment, other equipment used in relation to the conduct of gaming, a gaming activity or a game, tickets in a foreign game, records or a prohibited device and that–(a) [Section 134 Subsection (1) amended by No. 45 of 2001, s. 74, Applied:01 Jul 2001] in relation to those articles an offence under this Act has been, is being, or is likely to be, committed; or(b) [Section 134 Subsection (1) amended by No. 45 of 2001, s. 74, Applied:01 Jul 2001] those articles may be evidence of an offence under this Act.(2) [Section 134 Subsection (2) amended by No. 45 of 2001, s. 74, Applied:01 Jul 2001] A magistrate to whom such an application is made, if satisfied by evidence on oath or by affidavit that there are reasonable grounds for doing so, may issue a search warrant in a form approved by the magistrate authorizing an inspector or police officer named in the warrant and any assistants to enter the premises, or part of premises, specified in the warrant for the purpose of searching for and seizing the gaming equipment, other equipment, records or prohibited device referred to in subsection (1) .(3) A search warrant issued under this section ceases to have effect at the expiration of one month after its issue.(4) In this section, records has the same meaning as in section 133 .
135. Offences relating to inspectors
(1) [Section 135 Subsection (1) amended by No. 46 of 1996, s. 17 ]A person must not –(a) assault, obstruct, hinder, threaten, abuse, insult or intimidate an inspector or a police officer when the inspector or police officer is exercising or attempting to exercise his or her functions under this Act; or(b) [Section 135 Subsection (1) amended by No. 45 of 2001, s. 75, Applied:01 Jul 2001] [Section 135 Subsection (1) amended by No. 66 of 2002, s. 20, Applied:19 Dec 2002] [Section 135 Subsection (1) amended by No. 45 of 2019, s. 16, Applied:12 Dec 2019] fail to produce for inspection any gaming equipment, other equipment used in relation to the conduct of gaming, a gaming activity, or a game, under a licence or permit granted under this Act, ticket in a foreign game, records or prohibited device in the possession or under the control of the person when required so to do by an inspector or police officer in the exercise of his or her functions under this Act; or(c) fail without reasonable excuse to attend before an inspector or police officer and answer questions or supply information when required so to do by the inspector or police officer in the exercise of his or her functions under this Act; or(d) [Section 135 Subsection (1) amended by No. 45 of 2001, s. 75, Applied:01 Jul 2001] [Section 135 Subsection (1) amended by No. 66 of 2002, s. 20, Applied:19 Dec 2002] except with the permission of an inspector or police officer, take any gaming equipment, other equipment, ticket in a foreign game, records or prohibited device seized, impounded or retained under the authority of this Act; or(e) when directed by an inspector or police officer, in the exercise of his or her functions under this Act, to cease to have available for use any gaming equipment considered by the inspector or police officer to be unsatisfactory for use, fail to comply with the direction; or(ea) fail without reasonable excuse to comply with a requirement of an inspector to provide assistance that is reasonably necessary for the inspector to perform his or her functions; or(f) [Section 135 Subsection (1) amended by No. 45 of 2001, s. 75, Applied:01 Jul 2001] prevent, directly or indirectly, a person from attending before an inspector or police officer, producing to an inspector or member any gaming equipment, other equipment, records or prohibited device or answering any question of, or supplying any information to an inspector or police officer when that person is required to do so under this Act.Penalty: Fine not exceeding 50 penalty units.(2) [Section 135 Subsection (2) amended by No. 102 of 1999, s. 22, Applied:22 Dec 1999] [Section 135 Subsection (2) substituted by No. 45 of 2001, s. 75, Applied:01 Jul 2001] If an inspector or a police officer requires a person on prescribed premises to state his or her full name and residential address the person must not –(a) fail to comply with the requirement; or(b) in purported compliance with the requirement, state a name or address that is false.Penalty: Fine not exceeding 20 penalty units.(3) [Section 135 Subsection (3) amended by No. 45 of 2001, s. 75, Applied:01 Jul 2001] An inspector or a police officer is not authorized to require a person on prescribed premises to state his or her full name or residential address unless the inspector or police officer–(a) suspects on reasonable grounds that the person has committed an offence; and(b) has informed the person, at the time of stating the requirement, that it is an offence to fail to comply with the requirement.(4) [Section 135 Subsection (4) substituted by No. 45 of 2001, s. 75, Applied:01 Jul 2001] In this section –prescribed premises means –(a) an approved venue; and(b) [Section 135 Subsection (4) amended by No. 13 of 2006, s. 24, Applied:20 Sep 2006] [Section 135 Subsection (4) amended by No. 31 of 2021, s. 147, Applied:01 Jul 2023] the premises of a keno operator, monitoring operator, a person listed on the Roll, a licensed provider or a minor gaming operator; and(c) [Section 135 Subsection (4) amended by No. 66 of 2002, s. 20, Applied:19 Dec 2002] [Section 135 Subsection (4) amended by No. 9 of 2009, s. 46, Applied:01 Jul 2009] [Section 135 Subsection (4) amended by No. 45 of 2019, s. 16, Applied:12 Dec 2019] any other premises on which the inspector concerned has reason to believe gaming or a gaming activity is conducted;records has the same meaning as in section 133 .
PART 9 - Financial Provisions
Division 1 - Accounts and levies
136. Calculation of gross profits
(1) The gross profit derived for any period from the conduct of gaming is to be calculated in accordance with this section.(2) [Section 136 Subsection (2) substituted by No. 31 of 2021, s. 148, Applied:01 Jul 2023] The gross profit derived from machine games during any period is to be calculated by deducting from the total amount wagered in that period the sum of all winnings paid.(2A) [Section 136 Subsection (2A) inserted by No. 31 of 2021, s. 148, Applied:01 Jul 2023] The gross profit derived from keno during any period is to be calculated by deducting from the total amount wagered in that period –(a) the sum of all winnings paid, other than jackpots; and(b) any amount accrued during the period in jackpot prize pools.(3) [Section 136 Subsection (3) amended by No. 31 of 2021, s. 148, Applied:01 Jul 2023] Subject to subsection (6) , the gross profit derived from games approved under section 103 during any period is to be calculated by deducting from the total amount wagered during that period the sum of all winnings paid, and adjusting the amount obtained for any change in the value of unredeemed gaming chips.(4) For the purposes of subsection (3) –(a) [Section 136 Subsection (4) amended by No. 31 of 2021, s. 148, Applied:01 Jul 2023] if the value of the unredeemed gaming chips at the end of a period is greater than it was at the beginning of the period, an amount equal to the increase in value is to be added to the amount obtained under subsection (3) ; or(b) [Section 136 Subsection (4) amended by No. 31 of 2021, s. 148, Applied:01 Jul 2023] if the value of the unredeemed gaming chips at the end of a period is less than it was at the beginning of the period, an amount equal to the reduction in value is to be deducted from the amount obtained under subsection (3) .(5) In subsection (4) –(a) [Section 136 Subsection (5) amended by No. 31 of 2021, s. 148, Applied:01 Jul 2023] the value of a gaming chip is the amount required to be given for its issue; and(b) [Section 136 Subsection (5) amended by No. 31 of 2021, s. 148, Applied:01 Jul 2023] any sum received for the issue of a gaming chip is an amount wagered; and(c) [Section 136 Subsection (5) amended by No. 31 of 2021, s. 148, Applied:01 Jul 2023] a gaming chip is unredeemed so long as it is not used in gaming or redeemed for cash.(6) The gross profit derived from a game approved under section 103 , where the casino operator receives a commission or payment calculated in accordance with the total amount wagered on such a game, is the commission or payment received by the casino operator.(7) A reference to winnings in this section does not include the value of any prizes paid out as part of a promotion.
137. Controls and procedures to be implemented in casinos
(1) A casino operator must not conduct operations in the casino unless the Commission has approved in writing a system of internal controls and administrative and accounting procedures for the casino.(2) Any approval referred to in subsection (1) may be amended as the Commission thinks fit.(3) An approval or amendment of an approval under this section takes effect when notice of it is given in writing to the casino operator concerned or on a later date specified in the notice.(4) The casino operator must ensure that the system approved for the time being under this section for the casino is implemented.Penalty: Fine not exceeding 50 penalty units.(5) [Section 137 Subsection (5) inserted by No. 31 of 2021, s. 149, Applied:01 Jul 2023] A system of internal controls and administrative and accounting procedures approved for the purposes of this section for use by a casino operator must include such specifications as are prescribed.
137A. Controls and procedures to be implemented by venue operators
[Section 137A Inserted by No. 31 of 2021, s. 150, Applied:01 Jul 2023](1) The Commission may establish a system of internal controls and administrative and accounting procedures for use by venue operators.(2) The Commission must provide a copy of the system of internal controls and administrative and accounting procedures established under subsection (1) to each venue operator.(3) The system of internal controls and administrative and accounting procedures established under subsection (1) for use by venue operators is to include such specifications as are prescribed.(4) A venue operator must implement a system of internal controls and administrative and accounting procedures established by the Commission under subsection (1).Penalty: Fine not exceeding 50 penalty units.(5) The system of internal controls and administrative and accounting procedures established under subsection (1) may be amended as the Commission thinks fit.
138. Controls and procedures to be implemented by keno operator and monitoring operator
[Section 138 Subsection (1) amended by No. 45 of 2001, s. 76, Applied:01 Jul 2001] [Section 138 Substituted by No. 31 of 2021, s. 150, Applied:01 Jul 2023][Section 138A Inserted by No. 45 of 2001, s. 77, Applied:01 Jul 2001] [Section 138A Repealed by No. 31 of 2021, s. 150, Applied:01 Jul 2023] . . . . . . . .(1) A keno operator or monitoring operator must not conduct keno operations or monitoring licence operations unless the Commission has approved in writing a system of internal controls and administrative and accounting procedures in respect of the operator.(2) An approval referred to in subsection (1) may be amended as the Commission thinks fit.(3) An approval or amendment of an approval under this section takes effect when notice of it is given in writing to the operator concerned or on a later date specified in the notice.(4) A keno operator or monitoring operator must not conduct keno operations or monitoring licence operations unless the operator has implemented the system of internal controls and administrative and accounting procedures approved by the Commission in respect of that operator under subsection (1).Penalty: Fine not exceeding 50 penalty units.(5) A system of internal controls and administrative and accounting procedures approved for the purposes of this section for use by a keno operator or monitoring operator must include such specifications as are prescribed.
139. Accounts at authorised deposit-taking institutions
(1) [Section 139 Subsection (1) amended by No. 31 of 2021, s. 151, Applied:01 Jul 2023] [Section 139 Subsection (1) amended by No. 102 of 1999, s. 23, Applied:22 Dec 1999] [Section 139 Subsection (1) amended by No. 11 of 1998, s. 19, Applied:22 May 1998] [Section 139 Subsection (1) amended by No. 62 of 1996, s. 3 and Sched. 1 ]A casino operator, venue operator, keno operator and licensed provider must–(a) [Section 139 Subsection (1) amended by No. 102 of 1999, s. 23, Applied:22 Dec 1999] [Section 139 Subsection (1) amended by No. 74 of 1999, Sched. 2, Applied:01 Jan 2000] keep and maintain separate accounts, as approved by the Commission, at an authorised deposit-taking institution in the State for use solely for all financial transactions arising from the conduct of gaming or a gaming business; and(b) [Section 139 Subsection (1) amended by No. 74 of 1999, Sched. 2, Applied:01 Jan 2000] [Section 139 Subsection (1) amended by No. 31 of 2021, s. 151, Applied:01 Jul 2023] provide the Commission, as required, and in a form approved by the Commission, with a written authority addressed to the authorised deposit-taking institution referred to in paragraph (a) authorizing the institution to comply with any requirements of an inspector exercising the powers conferred by this section in relation to the financial transactions arising from the conduct of gaming by the casino operator, venue operator, keno operator or licensed provider.Penalty: Fine not exceeding 100 penalty units.(1A) [Section 139 Subsection (1A) amended by No. 74 of 1999, Sched. 2, Applied:01 Jan 2000] [Section 139 Subsection (1A) inserted by No. 11 of 1998, s. 20, Applied:22 May 1998] [Section 139 Subsection (1A) omitted by No. 31 of 2021, s. 151, Applied:01 Jul 2023] . . . . . . . .(2) [Section 139 Subsection (2) amended by No. 31 of 2021, s. 151, Applied:01 Jul 2023] [Section 139 Subsection (2) amended by No. 74 of 1999, Sched. 2, Applied:01 Jan 2000] [Section 139 Subsection (2) amended by No. 11 of 1998, s. 20, Applied:22 May 1998] [Section 139 Subsection (2) amended by No. 62 of 1996, s. 3 and Sched. 1 ]The Commission may, by notice in writing, require the manager or other principal officer of an authorised deposit-taking institution referred to in subsection (1) to provide an inspector with a statement of an account referred to in those subsections and such other particulars relating to the account as may be specified in the notice.(3) A person to whom a notice is given under subsection (2) , must comply with the notice.Penalty: Fine not exceeding 50 penalty units.
(1) [Section 140 Subsection (1) amended by No. 31 of 2021, s. 152, Applied:01 Jul 2023] [Section 140 Subsection (1) amended by No. 45 of 2001, s. 78, Applied:01 Jul 2001] [Section 140 Subsection (1) amended by No. 102 of 1999, s. 24, Applied:22 Dec 1999] A casino operator, venue operator, monitoring operator, keno operator, licensed provider and minor gaming operator must keep such accounting records as correctly record and explain transactions arising from the conduct of gaming or a gaming business and the financial position of the operator or provider.(2) The accounting records must be kept in such manner as will enable true and fair financial statements and accounts to be prepared from time to time and the financial statements and accounts to be conveniently and properly audited.(3) [Section 140 Subsection (3) amended by No. 31 of 2021, s. 152, Applied:01 Jul 2023] [Section 140 Subsection (3) amended by No. 15 of 2004, s. 7, Applied:01 Jul 2004] [Section 140 Subsection (3) amended by No. 45 of 2001, s. 78, Applied:01 Jul 2001] [Section 140 Subsection (3) amended by No. 102 of 1999, s. 24, Applied:22 Dec 1999] A casino operator, venue operator, monitoring operator, keno operator and licensed provider must, as soon as practicable after the end of each financial year, prepare financial statements and accounts, including–(a) [Section 140 Subsection (3) amended by No. 45 of 2001, s. 78, Applied:01 Jul 2001] business accounts, where applicable, for the financial year; and(b) profit and loss accounts for the financial year; and(c) a balance sheet as at the end of the financial year that gives a true and fair view of the financial operations of the operator.Penalty: Fine not exceeding 50 penalty units.(4) [Section 140 Subsection (4) amended by No. 31 of 2021, s. 152, Applied:01 Jul 2023] [Section 140 Subsection (4) inserted by No. 21 of 2000, s. 14, Applied:01 Jul 2000] A casino operator, venue operator, keno operator and licensed provider must include in the financial statements and accounts prepared under subsection (3) details of the amount of goods and services tax payable for the financial year in respect of such of the following gaming activities as are relevant:(a) the operation of a game approved under section 103 ;(b) the operation of keno;(c) the operation of gaming machines;(d) the operation of gaming endorsements.Penalty: Fine not exceeding 50 penalty units.(5) [Section 140 Subsection (5) inserted by No. 45 of 2001, s. 78, Applied:01 Jul 2001] [Section 140 Subsection (5) omitted by No. 15 of 2004, s. 7, Applied:01 Jul 2004] . . . . . . . .
141. Records to be kept on the premises
(1) [Section 141 Subsection (1) amended by No. 31 of 2021, s. 153, Applied:01 Jul 2023] [Section 141 Subsection (1) amended by No. 53 of 2005, s. 16, Applied:01 Dec 2005] [Section 141 Subsection (1) amended by No. 45 of 2001, s. 79, Applied:01 Jul 2001] [Section 141 Subsection (1) amended by No. 102 of 1999, s. 25, Applied:22 Dec 1999] Subject to subsection (1A) , a casino operator, venue operator, monitoring operator, keno operator, licensed provider and minor gaming operator must ensure that all records relating to the conduct of a game, gaming or a gaming business by the operator or provider are–(a) [Section 141 Subsection (1) amended by No. 102 of 1999, s. 25, Applied:22 Dec 1999] [Section 141 Subsection (1) amended by No. 31 of 2021, s. 153, Applied:01 Jul 2023] kept at the approved venue of the casino operator or venue operator or at the approved location of the provider or at the principal place of business of the operator or provider; and(b) retained for not less than 7 years after the completion of the transactions to which they relate.Penalty: Fine not exceeding 50 penalty units.(1A) [Section 141 Subsection (1A) inserted by No. 53 of 2005, s. 16, Applied:01 Dec 2005] [Section 141 Subsection (1A) substituted by No. 9 of 2009, s. 47, Applied:01 Jul 2009] A licensed provider may, with the written approval of the Commission, keep all or any of the records relating to the conduct of gaming activities by the licensed provider at a place other than the licensed provider's approved location.(1B) [Section 141 Subsection (1B) inserted by No. 53 of 2005, s. 16, Applied:01 Dec 2005] The Commission's approval under subsection (1A) may be granted with or without conditions.(1C) [Section 141 Subsection (1C) amended by No. 9 of 2009, s. 47, Applied:01 Jul 2009] [Section 141 Subsection (1C) inserted by No. 53 of 2005, s. 16, Applied:01 Dec 2005] A licensed provider that, pursuant to an approval under subsection (1A) , keeps a record relating to the conduct of gaming activities by the licensed provider at a place other than the licensed provider's approved location must –(a) [Section 141 Subsection (1C) amended by No. 9 of 2009, s. 47, Applied:01 Jul 2009] ensure that that record can be accessed from the licensed provider's approved location; and(b) at the written request of the Commission, produce that record to the Commission within such time as the Commission, by the request, specifies; and(c) comply with the conditions, if any, of the approval.Penalty: Fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.(2) [Section 141 Subsection (2) amended by No. 31 of 2021, s. 153, Applied:01 Jul 2023] [Section 141 Subsection (2) amended by No. 45 of 2001, s. 79, Applied:01 Jul 2001] [Section 141 Subsection (2) amended by No. 102 of 1999, s. 25, Applied:22 Dec 1999] The Commission may by instrument in writing grant an exemption to a casino operator, venue operator, monitoring operator, keno operator, licensed provider or minor gaming operator from all or specified requirements of this section in respect of all or specified, or specified classes of, documents and may grant such an exemption subject to conditions.
(1) [Section 142 Subsection (1) amended by No. 31 of 2021, s. 154, Applied:01 Jul 2023] [Section 142 Subsection (1) amended by No. 13 of 2006, s. 25, Applied:20 Sep 2006] [Section 142 Subsection (1) amended by No. 42 of 2001, Sched. 1, Applied:15 Jul 2001] [Section 142 Subsection (1) amended by No. 102 of 1999, s. 26, Applied:22 Dec 1999] Each casino operator, monitoring operator, keno operator and licensed provider must, as soon as practicable after the end of each financial year, cause the books, accounts and financial statements of the operator or licensed provider to be audited by a registered company auditor.(2) [Section 142 Subsection (2) amended by No. 31 of 2021, s. 154, Applied:01 Jul 2023] [Section 142 Subsection (2) amended by No. 13 of 2006, s. 25, Applied:20 Sep 2006] [Section 142 Subsection (2) amended by No. 42 of 2001, Sched. 1, Applied:15 Jul 2001] The licensed operator, monitoring operator or licensed provider must cause a copy of the financial accounts and the audits statements relating to them as required under the Corporations Act to be lodged with the Commission within 4 months after the end of the financial year to which the report relates.Penalty: Fine not exceeding 100 penalty units.(3) [Section 142 Subsection (3) amended by No. 31 of 2021, s. 154, Applied:01 Jul 2023] [Section 142 Subsection (3) amended by No. 13 of 2006, s. 25, Applied:20 Sep 2006] If requested by the Commission, a licensed operator, monitoring operator or licensed provider must cause financial statements, other than those referred to in subsection (2) , to be lodged with the Commission within the period specified in that subsection in respect of a gaming operation.Penalty: Fine not exceeding 100 penalty units.(4) The Commission may require the financial statements referred to in subsection (3) to be audited by an auditor referred to in subsection (1) .
(1) [Section 143 Subsection (1) amended by No. 31 of 2021, s. 155, Applied:01 Jul 2023] [Section 143 Subsection (1) amended by No. 45 of 2001, s. 80, Applied:01 Jul 2001] [Section 143 Subsection (1) amended by No. 102 of 1999, s. 27, Applied:22 Dec 1999] If required by the Commission, a casino operator, venue operator, monitoring operator, keno operator, licensed provider, minor gaming operator or lucky envelope supplier must submit reports to the Commission.(2) [Section 143 Subsection (2) amended by No. 31 of 2021, s. 155, Applied:01 Jul 2023] [Section 143 Subsection (2) amended by No. 45 of 2001, s. 80, Applied:01 Jul 2001] [Section 143 Subsection (2) amended by No. 102 of 1999, Sched. 2, Applied:22 Dec 1999] The reports are to be submitted at the times, and are to contain the information, that is specified by notice in writing given to the casino operator, venue operator, monitoring operator, keno operator, licensed provider, minor gaming operator or lucky envelope supplier by the Commission from time to time.Penalty: Fine not exceeding 50 penalty units.
143A. Monthly returns by lucky envelope suppliers
[Section 143A Inserted by No. 45 of 2001, s. 81, Applied:01 Jul 2001](1) In this section –lodgment time means the period of 10 days following the end of the return period or a longer period specified under subsection (4) in relation to the lucky envelope supplier;return period means a calendar month or another period specified under subsection (5) in relation to the lucky envelope supplier.(2) [Section 143A Subsection (2) amended by No. 15 of 2004, s. 8, Applied:01 Jul 2004] Within the lodgment time, a lucky envelope supplier must lodge with the Commission a return setting out the particulars required by the Commission in respect of the lucky envelopes that the supplier has during that return period –(a) printed or otherwise manufactured; or(b) purchased; or(c) sold.Penalty: Fine not exceeding 50 penalty units.(3) A return is to be in a form approved by the Commission and verified in a manner approved by the Commission.(4) If the Commission is of the opinion that it would be unduly onerous to require a lucky envelope supplier to lodge returns within 10 days after the end of the return period, the Commission may determine a longer lodgment time in relation to the supplier.(5) If the Commission considers it appropriate to do so, the Commission may determine a return period that is not a month in relation to a lucky envelope supplier.(6) The Commission may at any time amend or revoke a determination made under subsection (4) or (5) .(7) A determination, amendment or revocation by the Commission under subsection (4) , (5) or (6) is to be made by notice in writing provided to the lucky envelope supplier.
(1) [Section 144 Subsection (1) amended by No. 31 of 2021, s. 156, Applied:01 Jul 2023] A casino operator, monitoring operator and venue operator must ensure that the pay-out schedule on gaming machines at each approved venue is set so as to return to players the players' proportion of the total amounts wagered.(2) [Section 144 Subsection (2) amended by No. 31 of 2021, s. 156, Applied:01 Jul 2023] The players' proportion of the total amounts wagered includes the sum of jackpot prizes determined under the rules approved by the Commission under section 84 and is not less than 87%.
145. Other returns by keno operator
[Section 145 Subsection (1) amended by No. 45 of 2001, s. 82, Applied:01 Jul 2001] [Section 145 Subsection (1) amended by No. 9 of 2009, s. 48, Applied:01 Jul 2009] [Section 145 Subsection (2) amended by No. 15 of 2013, s. 19, Applied:20 Jun 2013] [Section 145 Substituted by No. 31 of 2021, s. 157, Applied:01 Jul 2023] A keno operator must ensure that a venue operator is paid, in respect of keno wagers accepted by the venue operator, the percentage of the total amount wagered on keno at the approved venue, during such periods as the Commission determines, as agreed by the keno operator and the venue operator, under –(a) a standard form contract within the meaning of section 77V ; or(b) such other relevant contract approved by the Commission under that section.
Division 1A - Point of consumption tax
145A. Extraterritorial operation of Division
[Section 145A of Part 9 Inserted by No. 45 of 2019, s. 20, Applied:01 Jan 2020] It is the intention of Parliament that the operation of this Division should, as far as possible, operate in relation to the following:(a) persons or things situated in or outside the territorial limits of Tasmania;(b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of Tasmania;(c) persons, things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Division, be governed or otherwise affected by the law of the Commonwealth, an Australian jurisdiction or a foreign country.
145B. Interpretation of Division
[Section 145B of Part 9 Inserted by No. 45 of 2019, s. 20, Applied:01 Jan 2020] In this Division –approved form means a form approved by the Commissioner of State Revenue;Australian jurisdiction means a State or Territory of the Commonwealth;bet includes the following:(a) any wager on any event or contingency, including but not limited to events and contingencies relating to the outcomes of racing, sports, elections, current affairs and entertainment;(b) a free bet;(c) a lay-off bet;(d) any other similar agreement or arrangement prescribed by the regulations;betting operator means a person that holds a licence or authority (however described) under the legislation of an Australian jurisdiction to carry out betting services (whether in that State or Territory, or elsewhere);betting service means the following:(a) accepting or offering to accept a bet;(b) inviting a person to place a bet;(c) facilitating the placing of a bet;free bet means a wager made wholly or partly using an amount that –(a) is provided to the person making the wager by the betting operator with whom the wager is made; and(b) is not immediately redeemable by the person for cash;lay-off bet means a wager made by a betting operator (the first betting operator) with another betting operator to reduce, wholly or partly, the liability of the first betting operator in relation to one or more wagers made with the first betting operator;net wagering revenue – see section 145D ;point of consumption tax means the tax for which a betting operator is liable under section 145E ;Tasmanian bet – see section 145C .
145C. Meaning of Tasmanian bet
[Section 145C of Part 9 Inserted by No. 45 of 2019, s. 20, Applied:01 Jan 2020](1) A reference in this Division to a Tasmanian bet, or a Tasmanian bet of a particular type, is a reference to a bet, or a bet of that type, made by a person who is located in Tasmania when the bet is made.(2) For the avoidance of doubt, a lay-off bet made by a betting operator who is located in Tasmania when it is made is a Tasmanian bet, whether or not the liability, that the betting operator seeks to reduce by making the lay-off bet, relates to Tasmanian bets made with the betting operator.
145D. Meaning of net wagering revenue
[Section 145D of Part 9 Inserted by No. 45 of 2019, s. 20, Applied:01 Jan 2020](1) In this section –totalizator pool means a pool of totalizator bets made on the outcome of an event or contingency.(2) The net wagering revenue of a betting operator, for a period, is the sum of the following:(a) for Tasmanian bets made with the betting operator using a totalizator, the total of Tasmanian revenue received by the betting operator during the period from totalizator pools;(b) for Tasmanian bets made using a betting exchange operated by the betting operator, the total amount of all fees and commissions (excluding the face value of any free bets) paid to the betting operator during the period in relation to Tasmanian bets made through the betting exchange;(c) for Tasmanian bets made with the betting operator (other than bets made using a betting exchange or a totalizator), the sum of –(i) the total amount of all Tasmanian bets (including, but not limited to, bets placed at fixed odds and at totalizator-derived odds) made with the betting operator during the period (excluding the face value of any free bets); and(ii) the total of all fees and commissions received by the betting operator in relation to those bets –less the sum of –(iii) the total amount of winnings paid or payable in relation to those Tasmanian bets during the period (including winnings in relation to free bets but not including the face value of free bets or winnings paid in the form of a credit or entitlement that cannot be converted to money); and(iv) the total amount of refund paid or payable in relation to those Tasmanian bets during the period (other than amounts paid or payable in the form of a credit or entitlement that cannot be converted to money);(d) any amounts that the betting operator became entitled to retain during the period on account of unclaimed winnings in relation to Tasmanian bets;(e) any other amounts that the betting operator became entitled to be paid during the period as consideration for, or in relation to, Tasmanian bets made with the betting operator.(3) For the purposes of subsection (2)(a) , Tasmanian revenue from a totalizator pool, for a betting operator, means the amount calculated using the formula:where –TasR means the Tasmanian revenue from the totalizator pool for the betting operator;TD means the total amount of dividends paid, or payable, out of the totalizator pool (including dividends in relation to free bets but not including the face value of free bets or dividends paid in the form of a credit or entitlement that cannot be converted to money);TB means the total amount of totalizator bets in the totalizator pool (excluding the face value of any free bets), net of any refunds;TasB means the total amount of the Tasmanian totalizator bets made with the betting operator in the totalizator pool, net of any refunds.(4) For the purposes of calculating the net wagering revenue under subsection (2) , the following are not to be included:(a) the payment of an amount to a person other than a person who made a bet with the betting operator (a third party);(b) the payment of an amount that –(i) is made at the discretion of the betting operator; or(ii) results in a person who made a bet with the betting operator receiving an amount that is more than the amount that the person is legally entitled to receive under the terms on which the bet was made with the betting operator;(c) the payment of an amount as part of an arrangement –(i) under which the betting operator offers an opportunity for persons (participants) to win, at no, or a nominal, cost to the participants, an amount by betting on the outcome of a stated event or contingency or a stated series of events or contingencies; and(ii) under which the total of all amounts payable by the betting operator in relation to bets made by participants may reasonably be expected to exceed the total of any amounts received by the betting operator for bets made under the arrangement; and(iii) for which the betting operator’s primary purpose is to attract or encourage participants to bet with the betting operator, or to promote its betting operations to participants, beyond the particular arrangement.(5) A reference in subsection (4)(a) to the payment of an amount to a third party does not include a reference to the payment of an amount to a third party that discharges, wholly or partly, a legal obligation of the betting operator to pay an amount in relation to a Tasmanian bet to the person who made the bet with the betting operator.
145E. Liability to pay point of consumption tax
[Section 145E of Part 9 Inserted by No. 45 of 2019, s. 20, Applied:01 Jan 2020] A betting operator is liable to pay the following tax on the betting operator’s net wagering revenue for a financial year:(a) if the net wagering revenue for the financial year is $150 000 or less, no tax is payable;(b) if the net wagering revenue for the financial year is more than $150 000, tax is payable at the rate of 15% of the amount by which the net wagering revenue exceeds $150 000.
145F. Point of consumption tax to be paid monthly
[Section 145F of Part 9 Inserted by No. 45 of 2019, s. 20, Applied:01 Jan 2020](1) In this section –qualifying month, in relation to a financial year, for a betting operator, means the first month of the financial year in which the net wagering revenue of the betting operator, for the period starting on 1 July in the financial year and ending on the last day of the month, is more than $150 000.(2) A betting operator is liable to pay point of consumption tax for each month as follows:(a) for any month of a financial year before the qualifying month, the amount is nil;(b) for the qualifying month of a financial year, the amount is 15% of the difference between –(i) the net wagering revenue of the betting operator for the period starting on 1 July in the financial year and ending on the last day of the qualifying month; and(ii) $150 000;(c) for any month of a financial year after the qualifying month, the amount is –(i) if the net wagering revenue of the betting operator for the month is nil or a negative amount, nil; or(ii) in any other case, 15% of the net wagering revenue of the betting operator for the month.(3) If point of consumption tax is payable in relation to a month, the tax is to be paid within 21 days after the end of that month.
[Section 145G of Part 9 Inserted by No. 45 of 2019, s. 20, Applied:01 Jan 2020] A betting operator’s point of consumption tax liability is to be recalculated after the end of the relevant financial year.
[Section 145H of Part 9 Inserted by No. 45 of 2019, s. 20, Applied:01 Jan 2020](1) A betting operator must apply to the Commissioner of State Revenue for registration as a betting operator if –(a) the betting operator is not already registered as a betting operator under this section; and(b) the betting operator becomes liable to pay point of consumption tax.Penalty: Fine not exceeding 100 penalty units.(2) An application under subsection (1) must –(a) be in an approved form; and(b) be made within 7 days after the end of the month in which the betting operator becomes liable to pay point of consumption tax.(3) The Commissioner of State Revenue must –(a) approve an application made by a betting operator under this section; and(b) register that betting operator.(4) If a betting operator who is required to apply for registration under this section does not apply for that registration, the Commissioner of State Revenue may, on the Commissioner of State Revenue’s own initiative, register the betting operator.(5) The Commissioner of State Revenue must, as soon as practicable after registering a betting operator under this section, give the betting operator a notice stating –(a) that the betting operator has been registered as a betting operator under this section; and(b) the day on which the betting operator was registered.(6) A notice under subsection (5) may also include such other information that the Commissioner of State Revenue considers reasonably necessary to the performance of the betting operator’s obligations under this Act or the Taxation Administration Act 1997 .(7) The Commissioner of State Revenue may amend a betting operator’s registration by written notice given to the betting operator.(8) A notice under subsection (7) must state the particulars of the betting operator’s registration that are amended and the way in which they are amended.(9) The Commissioner of State Revenue must cancel the registration of a person as a betting operator under this section if the person has –(a) ceased to be a betting operator; and(b) lodged all returns that the person is required to lodge under this Division; and(c) paid the person’s liability in relation to those returns.(10) As soon as practicable after cancelling a person’s registration under subsection (9) , the Commissioner of State Revenue must give the person a notice –(a) stating that the person’s registration has been cancelled; and(b) specifying the day on which the registration was cancelled.
145I. Obligation to identify person’s location
[Section 145I of Part 9 Inserted by No. 45 of 2019, s. 20, Applied:01 Jan 2020](1) A betting operator must, when receiving a bet, take reasonable steps to identify the location of the person making the bet.Penalty: Fine not exceeding 100 penalty units.(2) For the purposes of subsection (1) , a betting operator may rely on the following as being the location of a person making a bet with the betting operator:(a) in the case of an individual, an address given to the betting operator by the individual as the individual’s residential address;(b) in the case of a corporation, an address given to the betting operator by or for the corporation as the corporation’s principal place of business.(3) However, subsection (2) does not apply if the betting operator knows, or has reasonable grounds to suspect, that an address specified in subsection (2)(a) or (b) is not the location of the person when the bet is made.
145J. Requirement to lodge monthly return
[Section 145J of Part 9 Inserted by No. 45 of 2019, s. 20, Applied:01 Jan 2020](1) This section applies to a betting operator who –(a) is registered under section 145H ; or(b) is required to apply for registration under section 145H .(2) The betting operator must, not later than 21 days after the last day of the month, lodge a return (a monthly return) in relation to the net wagering revenue of the betting operator for the month.Penalty: Fine not exceeding 100 penalty units.(3) A monthly return is to be in an approved form.(4) Subsection (2) applies even if the betting operator’s monthly liability for the month is nil.
145K. Exemption from monthly return for on-course bookmaking
[Section 145K of Part 9 Inserted by No. 45 of 2019, s. 20, Applied:01 Jan 2020](1) In this section –on-course bookmaking means the business of accepting bets, or engaging in activities connected with the acceptance of bets, on contingencies relating to horse races or greyhound races or contingencies relating to approved sports events at a venue at which the racing or event is conducted.(2) This section applies to a betting operator –(a) whose primary betting operations are on-course bookmaking; and(b) who has not previously given the Commissioner of State Revenue a notice under subsection (5) .(3) The betting operator is exempt from the requirement to lodge monthly returns under section 145J .(4) For the avoidance of doubt, an exemption under subsection (3) does not exempt the betting operator from the obligation to pay point of consumption tax, even though it may have the effect of postponing the time for payment of point of consumption tax.(5) Despite subsection (3) , the betting operator may, by notice given to the Commissioner of State Revenue, relinquish the betting operator’s exemption under subsection (3) if, on the day on which the notice is given –(a) the net wagering revenue of the betting operator for the previous relevant period is more than $150 000; or(b) the betting operator expects the net wagering revenue of the betting operator for the financial year in which the notice is given to be more than $150 000.(6) If the betting operator gives a notice under subsection (5) , section 145J is taken to apply to the betting operator for the month immediately after the month in which the notice is given and for each succeeding month.(7) A betting operator with an exemption under subsection (3) must, within 21 days after the end of each financial year lodge with the Commissioner of State Revenue a return in an approved form in relation to the net wagering revenue of the betting operator for the relevant financial year.Penalty: Fine not exceeding 100 penalty units.
145L. General exemption from monthly returns
[Section 145L of Part 9 Inserted by No. 45 of 2019, s. 20, Applied:01 Jan 2020](1) The Commissioner of State Revenue may, by notice given to a betting operator, exempt that betting operator from the requirement to lodge monthly returns under section 145J if the Commissioner of State Revenue considers it would be unduly onerous to require the betting operator to lodge monthly returns.(2) A betting operator is not required to lodge monthly returns under section 145J while a notice under subsection (1) is in effect in relation to that betting operator.(3) For the avoidance of doubt, the giving of the notice does not exempt the betting operator from the obligation to pay point of consumption tax, even though it may have the effect of postponing the time for payment of that tax.(4) The Commissioner of State Revenue may at any time, by notice given to the betting operator, revoke a notice given under subsection (1) .(5) A notice under subsection (1) –(a) must include a condition requiring the betting operator to lodge a return, for each period stated in the notice, specifying the taxable betting revenue of the betting operator for that period; and(b) must include a condition requiring the betting operator to lodge the return and payment within a period stated in the notice; and(c) may be subject to any conditions that the Commissioner of State Revenue thinks fit.
145M. Treasurer may enter into agreements
[Section 145M of Part 9 Inserted by No. 45 of 2019, s. 20, Applied:01 Jan 2020](1) The Treasurer may enter into an agreement (a multi-jurisdictional agreement) with one or more other Australian jurisdictions to establish and implement processes for achieving improvements in the assessment and collection of taxes, interest, and penalties, imposed by the participating jurisdictions on betting operations that are carried on in multiple jurisdictions.(2) A multi-jurisdictional agreement may –(a) provide for the collection of taxes, interest and penalties by a participating jurisdiction on behalf of other participating jurisdictions and for the distribution of amounts so collected; and(b) provide for each participating jurisdiction to collect, on behalf of all participating jurisdictions, taxes, interest and penalties payable to those jurisdictions by betting operators whose businesses are based in the collecting jurisdiction; and(c) provide for participating jurisdictions to undertake audits or investigations in respect of taxes, interest and penalties payable by a betting operator under the law of another participating jurisdiction; and(d) authorise the performance of functions under this Act or the Taxation Administration Act 1997 by a specified authority of a participating jurisdiction, subject to subsection (4) and any other limitations specified in the agreement; and(e) authorise the performance of functions under a specified law of another participating jurisdiction by the Commissioner of State Revenue, subject to any law of that jurisdiction and any other limitations specified in the agreement; and(f) provide for participating jurisdictions to assist each other in making timely and accurate determinations of taxes, interest and penalties payable, by sharing information available to them, including the results of audits and investigations and any other information of a kind specified in the agreement; and(g) provide for any other measures or matters that the participating jurisdictions consider necessary or expedient for achieving improvements in the assessment or collection of taxes, interest and penalties or for implementing processes established by the agreement for that purpose.(3) A multi-jurisdictional agreement operates for the period, and may be varied or terminated in such a manner, as the participating jurisdictions agree.(4) A multi-jurisdictional agreement –(a) must be consistent with the provisions of this Act and the Taxation Administration Act 1997 ; and(b) cannot authorise a participating jurisdiction –(i) to make a binding determination of the amount of tax, interest or penalties payable by a betting operator under the laws of another participating jurisdiction; or(ii) to take enforcement action in respect of tax, interest or penalties payable by a betting operator under the laws of another participating jurisdiction.(5) The Commissioner of State Revenue is to take such action as is necessary or expedient to give effect to a multi-jurisdictional agreement.
145N. Avoidance of point of consumption tax
[Section 145N of Part 9 Inserted by No. 45 of 2019, s. 20, Applied:01 Jan 2020](1) If a person enters into an agreement, transaction or arrangement, whether in writing or otherwise, that has the effect of reducing, postponing or avoiding the liability of any person to the assessment, imposition or payment of point of consumption tax, the Commissioner of State Revenue may –(a) disregard the agreement, transaction or arrangement for one or more periods; and(b) determine one or more of the matters specified in subsection (2).(2) The matters to which subsection (1)(b) refers are the following:(a) that the net wagering revenue of a betting operator for a particular period is to be taken to include an additional amount;(b) that a bet made with a betting operator –(i) is to be taken to have been made by a person other than the person who purportedly made the bet or at a place other than the place where the bet was purportedly made; and(ii) if applicable, is a Tasmanian bet for calculating the net wagering revenue of the betting operator for a particular period;(c) that –(i) a party to the agreement, transaction or arrangement is to be taken to be a betting operator; and(ii) a payment made in respect of the agreement, transaction or arrangement is to be taken to be part of the net wagering revenue of the party for a particular period.(3) If the Commissioner of State Revenue makes a determination under subsection (1)(b) about a betting operator or another party to the agreement, transaction or arrangement, the Commissioner of State Revenue must give the betting operator or party a notice that states the decision and the reasons for the decision.(4) A person who, by any act or omission, avoids or attempts to avoid point of consumption tax is guilty of an offence.Penalty: Fine not exceeding 100 penalty units.
[Section 145O of Part 9 Inserted by No. 45 of 2019, s. 20, Applied:01 Jan 2020] The regulations may make provision for or in respect of the following:(a) methods for determining the location of persons making bets with, or through a service provided by, a betting operator;(b) specified amounts associated with the making of bets that are to be included, or not to be included, in net wagering revenue;(c) matters necessary or expedient to give effect to a multi-jurisdictional agreement under section 145M ;(d) specified persons or classes of persons that are to be, or not to be, betting operators;(e) exceptions to an exemption from liability to pay point of consumption tax.
Division 2 - Licence fees, taxation and other amounts payable
146. General casino licence fee
[Section 146 Subsection (2) substituted by No. 59 of 2003, s. 12, Applied:01 Jul 2003] [Section 146 Substituted by No. 31 of 2021, s. 158, Applied:01 Jul 2023] The holder of a general casino licence must pay the prescribed licence fee to the Commissioner of State Revenue on the first day of each month during the currency of the licence.
147. High-roller casino licence fee
[Section 147 Subsection (2) amended by No. 16 of 2008, Sched. 4, Applied:01 Jul 2008] [Section 147 Substituted by No. 31 of 2021, s. 158, Applied:01 Jul 2023] The holder of a high-roller casino licence must pay the prescribed licence fee to the Commissioner of State Revenue on the first day of each month during the currency of the licence.
147A. Keno operator’s licence fee
[Section 147A Inserted by No. 31 of 2021, s. 158, Applied:01 Jul 2023] The holder of a keno operator’s licence must pay the prescribed licence fee to the Commissioner of State Revenue on the first day of each month during the currency of the licence.
147B. Monitoring operator’s licence fee
[Section 147B Inserted by No. 31 of 2021, s. 158, Applied:01 Jul 2023](1) The holder of a monitoring operator’s licence must pay the prescribed licence fee, if any, to the Commissioner of State Revenue during the currency of the licence.(2) A licence fee under subsection (1) is due and payable as prescribed.
[Section 148 Subsection (1) amended by No. 15 of 2013, s. 20, Applied:20 Jun 2013] [Section 148 Subsection (3) inserted by No. 11 of 1998, s. 20, Applied:22 May 1998] [Section 148 Subsection (3) substituted by No. 75 of 2009, s. 36, Applied:07 Dec 2009] [Section 148 Substituted by No. 31 of 2021, s. 158, Applied:01 Jul 2023](1) The holder of a venue licence must pay –(a) a prescribed annual licence fee to the Commissioner of State Revenue for each gaming machine authority endorsed on the licence; and(b) a prescribed annual licence fee to the Commissioner of State Revenue for keno operations at the licensed premises.(2) A licence fee under subsection (1) is due and payable as prescribed.(3) If the holder of a venue licence surrenders the licence, the Commissioner of State Revenue may give the person a prescribed proportional refund of the licence fee.(4) If a venue licence is amended to reduce the number of gaming machine authorities endorsed on the licence, the Commissioner of State Revenue may give the licence holder a prescribed proportional refund of the relevant part of the licence fee.(5) If a venue licence is amended to increase the number of gaming machine authorities endorsed on the licence, the Commissioner of State Revenue may require the licence holder to pay a prescribed proportional licence fee for the additional gaming machine authorities.(6) In this section –relevant part, of the licence fee for a venue licence, means that part of the licence fee that is payable because of a particular gaming machine authority endorsed on the licence.
148A. Annual Tasmanian gaming licence fee
[Section 148A Inserted by No. 102 of 1999, s. 28, Applied:22 Dec 1999](1) [Section 148A Subsection (1) amended by No. 31 of 2021, s. 159, Applied:01 Jul 2023] A licensed provider must pay a Tasmanian gaming licence fee to the Commissioner of State Revenue in the following manner:(a) [Section 148A Subsection (1) amended by No. 45 of 2001, s. 83, Applied:01 Jul 2001] if the licence takes effect on a day other than 1 July in any financial year, that proportion of the whole licence fee specified in subsection (2) that relates to the proportion of the financial year during which the licence has effect is to be paid within 3 days after the Tasmanian gaming licence takes effect;(b) the whole licence fee specified in subsection (2) in respect of a complete financial year during which the licence is to have effect under the term of the licence is to be paid on the first day of that financial year;(c) if the term of the licence will end on a day other than 30 June in any financial year, that proportion of the whole licence fee specified in subsection (2) that relates to the proportion of that financial year during which the licence has effect is to be paid on the first day of that financial year.(2) The amount of a Tasmanian gaming licence fee payable each year the licence is in force is, subject to subsection (1) –(a) if the Tasmanian gaming licence is endorsed with a sports betting endorsement – 200 000 fee units; or(b) [Section 148A Subsection (2) amended by No. 9 of 2009, s. 49, Applied:01 Jul 2009] if the Tasmanian gaming licence is endorsed with a race wagering endorsement– 200 000 fee units; or(c) if the Tasmanian gaming licence is endorsed with a simulated gaming endorsement – 300 000 fee units; or(ca) [Section 148A Subsection (2) amended by No. 31 of 2021, s. 24, Applied:16 Dec 2021] if the Tasmanian gaming licence is endorsed with a simulated racing event endorsement – 300 000 fee units; or(d) if the Tasmanian gaming licence is endorsed with a major lottery endorsement – 300 000 fee units; or(da) [Section 148A Subsection (2) amended by No. 53 of 2005, s. 17, Applied:01 Dec 2005] [Section 148A Subsection (2) amended by No. 14 of 2010, s. 12, Applied:06 Feb 2011] if the Tasmanian gaming licence is endorsed with a betting exchange endorsement – 300 000 fee units; or(db) [Section 148A Subsection (2) amended by No. 9 of 2009, s. 49, Applied:01 Jul 2009] if the Tasmanian gaming licence is endorsed with a totalizator endorsement – 350 000 fee units; or(dc) [Section 148A Subsection (2) amended by No. 9 of 2009, s. 49, Applied:01 Jul 2009] if the Tasmanian gaming licence is endorsed with an agent endorsement – 5 000 fee units; or(e) [Section 148A Subsection (2) amended by No. 15 of 2013, s. 21, Applied:20 Jun 2013] . . . . . . . .(f) [Section 148A Subsection (2) amended by No. 53 of 2005, s. 17, Applied:01 Dec 2005] [Section 148A Subsection (2) amended by No. 9 of 2009, s. 49, Applied:01 Jul 2009] if the Tasmanian gaming licence is endorsed with both a sports betting endorsement and a race wagering endorsement – 200 000 fee units; or(g) [Section 148A Subsection (2) amended by No. 9 of 2009, s. 49, Applied:01 Jul 2009] [Section 148A Subsection (2) amended by No. 15 of 2013, s. 21, Applied:20 Jun 2013] if, in any case other than that provided for by paragraph (f) , the Tasmanian gaming licence is endorsed with more than one of the endorsements referred to in paragraphs (a) , (b) , (c) , (d) , (da) , (db) and (dc) –whichever is lesser.(i) the total of the amounts specified in respect of each endorsement endorsed on the Tasmanian gaming licence; or(ii) 450 000 fee units –(3) [Section 148A Subsection (3) amended by No. 112 of 2001, s. 7, Applied:01 Sep 2001] The amount of a Tasmanian gaming licence fee is automatically increased so as to comply with subsection (2) if a new gaming endorsement is endorsed on an existing Tasmanian gaming licence and subsection (1)(a) applies to the amount by which the fee is increased by the grant of the endorsement and to payment of that amount as if the grant of the endorsement were the grant of a Tasmanian gaming licence.(4) [Section 148A Subsection (4) inserted by No. 112 of 2001, s. 7, Applied:01 Sep 2001] If a Tasmanian gaming licence is granted and any gaming endorsement granted and endorsed on the licence takes effect on a day later than the day on which the licence takes effect, subsection (1)(a) applies to the portion of the Tasmanian gaming licence fee relating to that gaming endorsement and to payment of that portion as if the grant of the endorsement were the grant of a Tasmanian gaming licence.(5) [Section 148A Subsection (5) amended by No. 31 of 2021, s. 159, Applied:01 Jul 2023] [Section 148A Subsection (5) inserted by No. 9 of 2009, s. 49, Applied:01 Jul 2009] Notwithstanding subsections (1) , (2) , (3) and (4) , the holder of a Tasmanian gaming licence endorsed with the initial totalizator endorsement or second totalizator endorsement is not (while that totalizator endorsement is in effect) required to make any payments to the Commissioner of State Revenue under this section in respect of that totalizator endorsement or any of the following endorsements on the licence:(a) agent endorsement;(b) race wagering endorsement;(c) [Section 148A Subsection (5) amended by No. 45 of 2019, s. 21, Applied:01 Jan 2020] sports betting endorsement;(d) [Section 148A Subsection (5) amended by No. 45 of 2019, s. 21, Applied:01 Jan 2020] [Section 148A Subsection (5) amended by No. 31 of 2021, s. 24, Applied:16 Dec 2021] simulated racing event endorsement.(6) [Section 148A Subsection (6) amended by No. 15 of 2013, s. 21, Applied:20 Jun 2013] [Section 148A Subsection (6) inserted by No. 9 of 2009, s. 49, Applied:01 Jul 2009] [Section 148A Subsection (6) substituted by No. 14 of 2010, s. 12, Applied:06 Feb 2011] Notwithstanding subsection (1) , the fee payable under subsection (2)(da) in respect of a licence granted or renewed within 5 years after the day on which this section takes effect, for a period of 5 years, is payable as –(a) a non-refundable instalment of 900 000 fee units on the grant or renewal of the licence; and(b) a non-refundable instalment of 300 000 fee units payable on the third anniversary of the grant or renewal of the licence; and(c) a non-refundable instalment of 300 000 fee units payable on the fourth anniversary of the grant or renewal of the licence.(6A) [Section 148A Subsection (6A) inserted by No. 15 of 2013, s. 21, Applied:20 Jun 2013] Where the holder of a betting exchange endorsement on a licence referred to in subsection (6) also holds any other endorsements referred to in subsection (2) , the maximum annual licence fee payable in respect of those other endorsements is a total of 150 000 fee units.(7) [Section 148A Subsection (7) inserted by No. 14 of 2010, s. 12, Applied:06 Feb 2011] If a Tasmanian gaming licence with a betting exchange endorsement that is granted or renewed within 5 years after the day on which this section takes effect is surrendered before the expiration of the period for which the licence was granted or renewed, any subsequent instalments that would otherwise be payable in accordance with this section cease, on that surrender, to be payable.(8) [Section 148A Subsection (8) inserted by No. 14 of 2010, s. 12, Applied:06 Feb 2011] In this section –initial totalizator endorsement has the same meaning as in Division 5A of Part 4A ;second totalizator endorsement has the same meaning as in Division 5A of Part 4A .
[Section 148AB Inserted by No. 75 of 2009, s. 37, Applied:07 Dec 2009](1) [Section 148AB Subsection (1) amended by No. 31 of 2021, s. 160, Applied:01 Jul 2023] A person listed on the Roll must pay to the Commissioner of State Revenue annual listing fees as prescribed.(2) [Section 148AB Subsection (2) amended by No. 31 of 2021, s. 160, Applied:01 Jul 2023] If a person ceases for any reason to be listed on the Roll, the Commissioner of State Revenue may give that person a prescribed proportional refund of the relevant annual listing fee.
[Section 148B Inserted by No. 45 of 2001, s. 84, Applied:01 Jul 2001] [Section 148B Substituted by No. 75 of 2009, s. 38, Applied:07 Dec 2009] A minor gaming operator must pay to the Commission such fees as are prescribed by the regulations.
[Section 149 Subsection (3) inserted by No. 102 of 1999, s. 29, Applied:22 Dec 1999] [Section 149 Subsection (3) omitted by No. 9 of 2009, s. 50, Applied:01 Jul 2009] [Section 149 Subsection (4) inserted by No. 102 of 1999, s. 29, Applied:22 Dec 1999] [Section 149 Subsection (4) omitted by No. 9 of 2009, s. 50, Applied:01 Jul 2009] [Section 149 Substituted by No. 31 of 2021, s. 161, Applied:01 Jul 2023][Section 150 Subsection (1) amended by No. 45 of 2001, s. 85, Applied:01 Jul 2001] [Section 150 Subsection (1) amended by No. 21 of 2000, s. 15, Applied:01 Jul 2000] [Section 150 Subsection (2) amended by No. 45 of 2001, s. 85, Applied:01 Jul 2001] [Section 150 Subsection (2) substituted by No. 59 of 2003, s. 13, Applied:01 Jul 2003] [Section 150 Subsection (3) substituted by No. 45 of 2001, s. 85, Applied:01 Jul 2001] [Section 150 Subsection (3) substituted by No. 59 of 2003, s. 13, Applied:01 Jul 2003] [Section 150 Subsection (4) amended by No. 16 of 2008, Sched. 4, Applied:01 Jul 2008] [Section 150 Subsection (4) amended by No. 59 of 2003, s. 13, Applied:01 Jul 2003] [Section 150 Subsection (6) substituted by No. 45 of 2001, s. 85, Applied:01 Jul 2001] [Section 150 Repealed by No. 31 of 2021, s. 161, Applied:01 Jul 2023] . . . . . . . . [Section 150AA Inserted by No. 21 of 2000, s. 16, Applied:01 Jul 2000] [Section 150AA Repealed by No. 45 of 2001, s. 86, Applied:01 Jul 2001] . . . . . . . .(1) Licensed operators and venue operators must pay to the Commissioner of State Revenue, on or before the 14th day of each month, an amount equal to unclaimed winnings arising from the conduct of gaming by the operator during the preceding month.(2) The amount of unclaimed winnings for a month is to be calculated in accordance with a method prescribed by the regulations.
150A. Taxation in respect of Tasmanian gaming licence
[Section 150A Inserted by No. 102 of 1999, s. 30, Applied:22 Dec 1999](1) In this section –[Section 150A Subsection (1) amended by No. 13 of 2006, s. 26, Applied:20 Sep 2006] cumulative gross profits means gaming revenue derived by a licensed provider during a prescribed period;[Section 150A Subsection (1) amended by No. 31 of 2021, s. 25, Applied:16 Dec 2021] gaming revenue, in relation to a month, means the total amount wagered with a licensed provider on simulated games and simulated racing events during that month less –(a) [Section 150A Subsection (1) amended by No. 31 of 2021, s. 25, Applied:16 Dec 2021] [Section 150A Subsection (1) amended by No. 31 of 2021, s. 162, Applied:01 Jul 2023] the total of all prizes paid out to the winning players and any unclaimed winnings paid pursuant to section 76ZRA during that month in respect of simulated games and simulated racing events (other than prizes paid from a jackpot prize pool); and(b) [Section 150A Subsection (1) amended by No. 31 of 2021, s. 25, Applied:16 Dec 2021] [Section 150A Subsection (1) amended by No. 31 of 2021, s. 162, Applied:01 Jul 2023] the total of amounts determined under the rules of the simulated games and simulated racing events for payment in respect of that total amount wagered into a jackpot prize pool;[Section 150A Subsection (1) amended by No. 31 of 2021, s. 162, Applied:01 Jul 2023] jackpot means winnings payable from money that accumulates as contributions are made to a jackpot prize pool;[Section 150A Subsection (1) amended by No. 13 of 2006, s. 26, Applied:20 Sep 2006] monthly gross profits means gaming revenue derived by a licensed provider during the month in relation to which tax is payable under this section;prescribed period, in relation to a month for which tax is payable under this section, means the period –(a) commencing on the first day of the financial year in which that month occurs; and(b) ending at the end of that month.(2) For the purposes of the definition of "gaming revenue", if the amount of all prizes paid by the licensed provider exceeds the total of gaming revenue received in any month, the amount of the excess may be counted as prizes payable in the next or a subsequent month.(3) [Section 150A Subsection (3) amended by No. 45 of 2019, s. 17, Applied:12 Dec 2019] [Section 150A Subsection (3) amended by No. 9 of 2009, s. 51, Applied:01 Jul 2009] [Section 150A Subsection (3) amended by No. 21 of 2000, s. 17, Applied:01 Jul 2000] Subject to section 150AB , a licensed provider must, where this section so provides, pay to the Commissioner of State Revenue in relation to each month during which the Tasmanian gaming licence is in force a tax relating to the gaming business conducted in respect of each gaming endorsement endorsed on the licence.(4) [Section 150A Subsection (4) substituted by No. 70 of 2007, s. 4, Applied:19 Dec 2007] [Section 150A Subsection (4) omitted by No. 9 of 2009, s. 51, Applied:01 Jul 2009] . . . . . . . .(5) [Section 150A Subsection (5) omitted by No. 9 of 2009, s. 51, Applied:01 Jul 2009] . . . . . . . .(6) [Section 150A Subsection (6) amended by No. 16 of 2000, s. 4, Applied:19 Apr 2000] The tax payable in relation to a month and the gaming business conducted in respect of a simulated gaming endorsement in relation to wagers from persons in Australia is –(a) [Section 150A Subsection (6) amended by No. 16 of 2000, s. 4, Applied:01 Jul 2000] if the cumulative gross profits of the licensed provider are or do not exceed $10 000 000, 20% of the monthly gross profits; or(b) [Section 150A Subsection (6) amended by No. 16 of 2000, s. 4, Applied:01 Jul 2000] if the cumulative gross profits of the licensed provider exceed $10 000 000 but are or do not exceed $20 000 000, the total of –(i) [Section 150A Subsection (6) amended by No. 16 of 2000, s. 4, Applied:01 Jul 2000] 20% of that part of the monthly gross profits derived during that part of that month occurring before the cumulative gross profits so exceeded $10 000 000; and(ii) [Section 150A Subsection (6) amended by No. 16 of 2000, s. 4, Applied:01 Jul 2000] 17.5% of that part of the monthly gross profits derived during that part of that month occurring when and after the cumulative gross profits so exceeded $10 000 000; or(c) [Section 150A Subsection (6) amended by No. 16 of 2000, s. 4, Applied:01 Jul 2000] if the cumulative gross profits of the licensed provider exceed $20 000 000, the total of –(i) [Section 150A Subsection (6) amended by No. 16 of 2000, s. 4, Applied:01 Jul 2000] 20% of that part of the monthly gross profits derived during that part of that month occurring before the cumulative gross profits so exceeded $10 000 000; and(ii) [Section 150A Subsection (6) amended by No. 16 of 2000, s. 4, Applied:01 Jul 2000] 17.5% of that part of the monthly gross profits derived during that part of that month occurring when and after the cumulative gross profits so exceeded $10 000 000 but before those cumulative gross profits so exceeded $20 000 000; and(iii) [Section 150A Subsection (6) amended by No. 16 of 2000, s. 4, Applied:01 Jul 2000] 15% of that part of the monthly gross profits derived during that part of that month occurring when and after the cumulative gross profits so exceeded $20 000 000.(6A) [Section 150A Subsection (6A) inserted by No. 16 of 2000, s. 4, Applied:19 Apr 2000] The tax payable in relation to a month and the gaming business conducted in respect of a simulated gaming endorsement in relation to wagers from persons elsewhere than in Australia is 4% of the monthly gross profits.(6B) [Section 150A Subsection (6B) inserted by No. 31 of 2021, s. 25, Applied:16 Dec 2021] The tax payable in relation to a month and the gaming business conducted in respect of a simulated racing event endorsement is 15% of the monthly gross profits.(7) [Section 150A Subsection (7) amended by No. 21 of 2000, s. 17, Applied:01 Jul 2000] The tax payable in relation to a month and the gaming business conducted in respect of a major lottery endorsement is 35.55% of the licensed provider's turnover, or such other amount as may be prescribed by the regulations to take account of the effect of the goods and services tax.(7A) [Section 150A Subsection (7A) inserted by No. 53 of 2005, s. 18, Applied:01 Dec 2005] [Section 150A Subsection (7A) substituted by No. 14 of 2010, s. 13, Applied:28 Sep 2010] [Section 150A Subsection (7A) omitted by No. 45 of 2019, s. 22, Applied:01 Jan 2020] . . . . . . . .(8) A licensed provider must pay the tax payable in relation to a month not later than 7 days after the end of that month.(9) [Section 150A Subsection (9) inserted by No. 45 of 2019, s. 22, Applied:01 Jan 2020] [Section 150A Subsection (9) substituted by No. 31 of 2021, s. 25, Applied:16 Dec 2021] The holder of a Tasmanian gaming licence who is liable to pay tax in respect of that licence under Division 1A of Part 9 is only liable to pay that tax in relation to gaming business conducted in respect of any of the following endorsements on the licence:(a) sports betting endorsement;(b) race wagering endorsement;(c) betting exchange endorsement;(d) totalizator endorsement.
150AB. Set off for goods and services tax in respect of Tasmanian gaming licence
[Section 150AB Inserted by No. 21 of 2000, s. 18, Applied:01 Jul 2000](1) This section applies to all gaming endorsements except –(a) a simulated gaming endorsement; and(ab) [Section 150AB Subsection (1) amended by No. 53 of 2005, s. 19, Applied:01 Dec 2005] a betting exchange endorsement; and(ac) [Section 150AB Subsection (1) amended by No. 31 of 2021, s. 26, Applied:16 Dec 2021] a simulated racing event endorsement; and(b) if an amount has been prescribed under section 150A(7) , a major lottery endorsement.(2) A licensed provider may set off against the tax payable under section 150A any goods and services tax paid during the relevant month arising in respect of a gaming endorsement to which this section applies.(3) If, in any month, the amount of goods and services tax paid in respect of an endorsement to which this section applies exceeds the amount of tax payable under section 150A in respect of that endorsement, that excess may be set off in any subsequent month in the same financial year against the tax payable under that section.(4) The amount of any credit provided to a licensed provider of goods and services tax paid in respect of an endorsement to which this section applies in any financial year is limited to the amount of tax payable under section 150A in respect of that endorsement for that financial year.(5) Within 14 days after the end of a financial year, a licensed provider must submit a return to the Commission stating –(a) the amount of tax payable under section 150A in respect of each gaming endorsement to which this section applies for that financial year; and(b) the amount of goods and services tax paid in that financial year in respect of each gaming endorsement to which this section applies; and(c) the amount of credit given in respect of the amount of tax payable under section 150A in respect of each gaming endorsement to which this section applies for that financial year.(6) Subject to subsection (4) , where the amount of goods and services tax paid in respect of a gaming endorsement to which this section applies for a financial year by a licensed provider exceeds the amount of credit given in respect of that gaming endorsement for that financial year, the difference between those amounts is to be credited to the licensed provider at the time of the next payment of tax required under this Act.(7) Subject to subsection (4) , where the amount of goods and services tax paid in respect of a gaming endorsement to which this section applies for a financial year by a licensed provider is less than the amount of credit given in respect of that gaming endorsement for that financial year, the difference between those amounts is to be paid by the licensed provider at the time of the next payment of tax required under this Act.
150AC. Annual levy for Tasmanian gaming licence with second totalizator endorsement
[Section 150AC Inserted by No. 45 of 2001, s. 87, Applied:01 Jul 2001] [Section 150AC Repealed by No. 15 of 2004, s. 9, Applied:01 Jul 2004] [Section 150AC Inserted by No. 53 of 2005, s. 20, Applied:01 Dec 2005] [Section 150AC Subsection (4A) inserted by No. 9 of 2009, s. 52, Applied:01 Jul 2009] [Section 150AC Repealed by No. 14 of 2010, s. 14, Applied:28 Sep 2010] [Section 150AC Inserted by No. 45 of 2019, s. 23, Applied:01 Jan 2020][Section 150AD Inserted by No. 45 of 2001, s. 87, Applied:01 Jul 2001] [Section 150AD Repealed by No. 15 of 2004, s. 9, Applied:01 Jul 2004] [Section 150AD Inserted by No. 9 of 2009, s. 53, Applied:01 Jul 2009] [Section 150AD Repealed by No. 45 of 2019, s. 24, Applied:01 Jan 2020] . . . . . . . . [Section 150AE Inserted by No. 45 of 2001, s. 87, Applied:01 Jul 2001] [Section 150AE Repealed by No. 15 of 2004, s. 9, Applied:01 Jul 2004] . . . . . . . .(1) In this section –second totalizator endorsement has the same meaning as in Division 5A of Part 4A .(2) The holder of a Tasmanian gaming licence endorsed with the second totalizator endorsement must pay to the Treasurer an annual levy in the following manner:(a) the whole annual levy specified in subsection (3) in respect of a complete financial year during which the second totalizator endorsement is to have effect is to be paid on the first day of that financial year;(b) if the term of the second totalizator endorsement will end on a day other than 30 June in any financial year, that proportion of the annual levy specified in subsection (3) that relates to the proportion of that financial year during which the second totalizator endorsement has effect is to be paid on the first day of that financial year.(3) Subject to subsection (2) , the amount of the annual levy payable each financial year under that subsection is 925 000 fee units or such other amount as may be prescribed.(4) If the second totalizator endorsement is surrendered, the Treasurer may give the holder of the Tasmanian gaming licence a proportional refund of the annual levy determined by the Treasurer.
150AF. Taxation in respect of foreign games permit
[Section 150AF Inserted by No. 66 of 2002, s. 21, Applied:19 Dec 2002](1) A foreign games permit holder is liable to pay a tax to the Commission under this section in respect of the turnover obtained during the term of the foreign games permit from the sale in Tasmania of tickets in foreign games if there is no agreement under section 150B in force in relation to the sharing of tax and other revenue in respect of the sale of those tickets.(2) If the foreign game in which the tickets are sold in Tasmania is determined by the Commission by written notice provided to the foreign games permit holder to be the equivalent of a major lottery, the tax payable in relation to a month and the sale in Tasmania of tickets in that foreign game is 35.55% of the foreign games permit holder's turnover on those tickets during that month, or such other amount as may be prescribed by the regulations to take account of the effect of the goods and services tax.(3) A foreign games permit holder must pay the tax payable under subsection (2) in relation to a month not later than 7 days after the end of that month.(4) If the foreign game in which the tickets are sold in Tasmania is determined by the Commission by written notice provided to the foreign games permit holder to be the equivalent of a game other than a major lottery, the tax payable in relation to the turnover from the sale in Tasmania of tickets in that foreign game in each financial year during the term of the foreign games permit is determined in accordance with the following table:
Turnover rounded to the nearest dollar
Tax
1. $20 000 or less
Nil
2. $20 001 – $50 000
0.15% of the excess over $20 000
3. $50 001 – $100 000
$45 plus 0.20% of the excess over $50 000
4. $100 001 – $500 000
$145 plus 0.25% of the excess over $100 000
5. More than $500 000
$1 145 plus 0.30% of the excess over $500 000
150AG. Set-off for goods and services tax in respect of certain foreign games
[Section 150AG Inserted by No. 66 of 2002, s. 21, Applied:19 Dec 2002](1) A foreign games permit holder who is liable to pay tax in respect of the sale in Tasmania of tickets in foreign games at the rate specified in section 150AF(4) may apply to the Commission for a refund of any tax paid under that section in an amount equal to the amount of goods and services tax paid in respect of the sale of those tickets.(2) [Section 150AG Subsection (2) amended by No. 45 of 2019, s. 18, Applied:12 Dec 2019] On receipt of an application under subsection (1) , the Commission must notify the Commissioner of State Revenue of the application and whether or not it is satisfied that the foreign games permit holder has paid the goods and services tax specified in the application.(3) [Section 150AG Subsection (3) amended by No. 45 of 2019, s. 18, Applied:12 Dec 2019] If the Commission has notified the Commissioner of State Revenue that it is satisfied that the foreign games permit holder has paid the goods and services tax specified in the application, the Commissioner may pay a refund to the foreign games permit holder.(4) The amount of a refund paid under subsection (3) must not exceed the total of any tax paid under section 150AF(4) by the foreign games permit holder in respect of the sale in Tasmania of tickets in foreign games.(5) [Section 150AG Subsection (5) omitted by No. 45 of 2019, s. 18, Applied:12 Dec 2019] . . . . . . . .
150AH. Taxation in respect of high-roller casino licence
[Section 150AH Inserted by No. 31 of 2021, s. 163, Applied:01 Jul 2023](1) The holder of a high-roller casino licence is liable to pay to the Commissioner of State Revenue, a tax on the gross profits derived from gaming at the high-roller casino in a financial year.(2) The tax payable under subsection (1) is –(a) if the annual gross profits for the high-roller casino are or do not exceed $15 000 000, a sum equivalent to 3% of the annual gross profits; or(b) if the annual gross profits for the high-roller casino exceed $15 000 000 but are or do not exceed $30 000 000, a sum equivalent to the total of –(i) 3% of that part of the annual gross profits derived during the financial year occurring before the annual gross profits so exceeded $15 000 000; and(ii) 5% of that part of the annual gross profits derived during the financial year occurring when and after the annual gross profits so exceeded $15 000 000; or(c) if the annual gross profits for the high-roller casino exceed $30 000 000, a sum equivalent to the total of –(i) 3% of that part of the annual gross profits derived during the financial year occurring before the annual gross profits so exceeded $15 000 000; and(ii) 5% of that part of the annual gross profits derived during the financial year occurring when and after the annual gross profits so exceeded $15 000 000 but before the annual gross profits so exceeded $30 000 000; and(iii) 7% of that part of the annual gross profits derived during the financial year occurring when and after the annual gross profits so exceeded $30 000 000.(3) The holder of a high-roller casino licence must –(a) by 14 January in each financial year, pay to the Commissioner the tax payable under subsection (1) for the annual gross profits derived during the part of the financial year between 1 July and 31 December (inclusive); and(b) by 14 July in each financial year, pay to the Commissioner the tax payable under subsection (1) for the annual gross profits derived in the previous financial year, less any tax paid in respect of the previous part of the financial year under paragraph (a).(4) If the holder of a high-roller casino licence has an annual gross loss for a financial year, the licence holder may offset that loss against the annual gross profits for the immediately following financial year.(5) In this section –annual gross loss, means an annual gross profit for a financial year that is less than zero;annual gross profit means gross profits derived from gaming at the high-roller casino during the financial year in relation to which tax is payable under subsection (1).
150AI. Taxation in respect of general casino licence
[Section 150AI Inserted by No. 31 of 2021, s. 163, Applied:01 Jul 2023](1) The holder of a general casino licence must pay to the Commissioner of State Revenue a tax on the gross profits derived by that licence holder from gaming each month.(2) The tax payable under subsection (1) in respect of the monthly gross profits derived from keno tickets obtained in a casino is a sum equivalent to 0.91% of those profits.(3) The tax payable under subsection (1) in respect of the monthly gross profits derived from games approved under section 103 is a sum equivalent to 0.91% of those profits.(4) The tax payable under subsection (1) in respect of the monthly gross profits derived from gaming machine games is a sum equivalent to 10.91% of those profits.(5) The tax payable under subsection (1) in respect of the monthly gross profits derived from FATG games is a sum equivalent to 5.91% of those profits.(6) The holder of a general casino licence must pay the tax payable under this section in relation to a month not later than 14 days after the end of that month.(7) In this section –monthly gross profit means gross profits derived by a casino operator during the month in relation to which tax is payable under this section.
150AJ. Taxation in respect of keno operator's licence
[Section 150AJ Inserted by No. 31 of 2021, s. 163, Applied:01 Jul 2023](1) A keno operator must pay to the Commissioner of State Revenue a tax on the gross profits derived by that operator from keno each month.(2) The tax payable under subsection (1) in respect of the monthly gross profits derived from keno tickets obtained in a hotel or licensed club is a sum equivalent to 20.31% of those profits.(3) A keno operator must pay the tax payable under this section in relation to a month not later than 14 days after the end of that month.(4) In this section –monthly gross profit means gross profits derived by a keno operator during the month in relation to which tax is payable under this section.
150AK. Taxation in respect of venue licence
[Section 150AK Inserted by No. 31 of 2021, s. 163, Applied:01 Jul 2023](1) A venue operator must pay to the Commissioner of State Revenue a tax on the gross profits derived by that operator from gaming machine games each month.(2) The tax payable under subsection (1) is–(a) a sum equal to 33.91% of those monthly gross profits derived from gaming machine games located in hotels; or(b) a sum equal to 32.91% of those monthly gross profits derived from gaming machine games located in licensed clubs.(3) A sum payable by way of tax under subsection (1) must be paid to the Commissioner of State Revenue on or before the 14th day of the month immediately following the month to which that tax relates.(4) In this section –monthly gross profit means gross profits derived by a venue operator during the month in relation to which tax is payable under this section.
[Section 150B Inserted by No. 102 of 1999, s. 30, Applied:22 Dec 1999](1) [Section 150B Subsection (1) amended by No. 31 of 2021, s. 164, Applied:01 Jul 2023] The Minister may enter into an agreement with the appropriate representative of the Government of a State, a Territory, a country or part of a country in relation to the sharing of tax and other revenue –(a) [Section 150B Subsection (1) amended by No. 45 of 2001, s. 88, Applied:01 Jul 2001] obtained under this Act; or(b) [Section 150B Subsection (1) amended by No. 45 of 2001, s. 88, Applied:01 Jul 2001] [Section 150B Subsection (1) amended by No. 66 of 2002, s. 22, Applied:19 Dec 2002] obtained by that Government in relation to any gaming, game, gaming activity or foreign game conducted in that place or this State.(2) An agreement made under subsection (1) may provide for incidental and supplementary matters.(3) If an agreement made under subsection (1) is inconsistent with a provision of this Act, the agreement prevails to the extent of the inconsistency.(4) [Section 150B Subsection (4) amended by No. 31 of 2021, s. 164, Applied:01 Jul 2023] [Section 150B Subsection (4) inserted by No. 16 of 2000, s. 5, Applied:19 Apr 2000] If the Minister enters into an agreement with the Government of a State, Territory, country or part of a country under subsection (1) in relation to a tax payable by a licensed provider under section 150A(6A) in respect of a month, the licensed provider must pay to the Commissioner of State Revenue in respect of that month an amount equal to the amount that the Minister must pay to that Government under that agreement.(5) [Section 150B Subsection (5) inserted by No. 16 of 2000, s. 5, Applied:19 Apr 2000] The amount payable under subsection (4) –(a) is in addition to the amount payable as tax under section 150A(6A) ; and(b) is to be paid at the same time as that tax.(6) [Section 150B Subsection (6) inserted by No. 16 of 2000, s. 5, Applied:19 Apr 2000] [Section 150B Subsection (6) omitted by No. 75 of 2009, s. 39, Applied:07 Dec 2009] . . . . . . . .
[Section 151 Subsection (1) substituted by No. 59 of 2003, s. 14, Applied:01 Jul 2003] [Section 151 Subsection (3A) inserted by No. 53 of 2005, s. 21, Applied:01 Dec 2005] [Section 151 Subsection (4) amended by No. 15 of 2013, s. 22, Applied:20 Jun 2013] [Section 151 Subsection (4) amended by No. 53 of 2005, s. 21, Applied:01 Dec 2005] [Section 151 Subsection (4) amended by No. 59 of 2003, s. 14, Applied:01 Jul 2003] [Section 151 Subsection (5) amended by No. 15 of 2013, s. 22, Applied:20 Jun 2013] [Section 151 Subsection (5) inserted by No. 53 of 2005, s. 21, Applied:01 Dec 2005] [Section 151 Subsection (5) omitted by No. 31 of 2021, s. 27, Applied:16 Dec 2021] [Section 151 Subsection (6) inserted by No. 53 of 2005, s. 21, Applied:01 Dec 2005] [Section 151 Subsection (6) amended by No. 31 of 2021, s. 27, Applied:16 Dec 2021] [Section 151 Subsection (6) amended by No. 15 of 2013, s. 22, Applied:20 Jun 2013] [Section 151 Substituted by No. 31 of 2021, s. 165, Applied:01 Jul 2023](1) A casino operator or a venue operator must, from the gross profits derived by that operator from gaming machine games in each month, pay to the Commissioner of State Revenue a community support levy.(2) The community support levy is –(a) in the case of the holder of a general casino licence, a sum equal to 3% of those monthly gross profits derived from gaming machine games in the casino; and(b) in the case of the holder of a venue licence –(i) a sum equal to 4% of those monthly gross profits derived from gaming machine games located in licensed clubs; and(ii) a sum equal to 5% of those monthly gross profits derived from gaming machine games located in hotels.(3) A community support levy must be paid to the Commissioner of State Revenue on or before the 14th day of the month immediately following the month to which it relates.
[Section 151A Inserted by No. 31 of 2021, s. 165, Applied:01 Jul 2023](1) There is to be established in the Public Account an account to be called the Community Support Fund.(2) The Community Support Fund is to be administered by the Department.(3) The following is to be paid into the Community Support Fund:(a) any community support levy paid under section 151;(b) such other money received under this Act that is prescribed as being payable into the Community Support Fund;(c) such other amounts as the Minister may from time to time advance for the purposes of the Community Support Fund.(4) The money in the Community Support Fund is to be distributed in the prescribed manner.
152. Review of social and economic impact of gambling
[Section 152 Repealed by No. 59 of 2003, s. 15, Applied:01 Jul 2003] [Section 152 Inserted by No. 53 of 2005, s. 22, Applied:01 Dec 2005] [Section 152 Repealed by No. 9 of 2009, s. 54, Applied:01 Jul 2009] [Section 152 Inserted by No. 31 of 2021, s. 28, Applied:16 Dec 2021](1) The Minister must –(a) cause an independent review of the social and economic impact of gambling in Tasmania to be carried out every 5 years; and(b) cause the findings of each such review (or a report of those findings) to be tabled in each House of Parliament within 20 sitting-days of that House after the completion of the review.(2) In this section –independent review means a review by persons (only one of whom may be employed by the State of Tasmania or a State Service Agency) who, in the Minister’s opinion, possess appropriate expertise or qualifications to carry out the review.
[Section 153 Amended by No. 31 of 2021, s. 166, Applied:01 Jul 2023] All amounts due under this Part may be recovered by the Commissioner of State Revenue in a court of competent jurisdiction as a debt due to the Crown.
Division 2A - . . . . . . . .[Division 2A of Part 9 Repealed by No. 31 of 2021, s. 167, Applied:01 Jul 2023] [Section 153AA of Part 9 Inserted by No. 59 of 2003, s. 16, Applied:01 Jul 2003] [Section 153AA Subsection (1) amended by No. 24 of 2004, s. 42, Applied:01 Jan 2005] [Section 153AA Repealed by No. 31 of 2021, s. 167, Applied:01 Jul 2023] . . . . . . . .
Division 3 - Gaming and wagering guarantee
153A. Gaming and wagering guarantee
[Section 153A of Part 9 Inserted by No. 102 of 1999, s. 31, Applied:22 Dec 1999](1) In this section –gaming and wagering guarantee means a guarantee from an authorised deposit-taking institution relating to the business carried on, or to be carried on, under a Tasmanian gaming licence endorsed with a guaranteeable endorsement;guaranteeable endorsement means –(a) a sports betting endorsement; or(b) [Section 153A Subsection (1) amended by No. 9 of 2009, s. 55, Applied:01 Jul 2009] a race wagering endorsement; or(c) [Section 153A Subsection (1) amended by No. 15 of 2013, s. 23, Applied:20 Jun 2013] both such endorsements.(d) [Section 153A Subsection (1) amended by No. 15 of 2013, s. 23, Applied:20 Jun 2013](2) A person must provide a gaming and wagering guarantee from an authorised deposit-taking institution if –(a) the person has been granted a Tasmanian gaming licence endorsed with a guaranteeable endorsement; or(b) the person is a licensed provider whose Tasmanian gaming licence has newly been endorsed with a guaranteeable endorsement; or(c) the Commission under subsection (3)(b) requires a licensed provider to provide a new gaming and wagering guarantee.(3) By written notice to a licensed provider whose Tasmanian gaming licence is endorsed with a guaranteeable endorsement, the Commission may require the licensed provider to do one or more of the following:(a) provide to the Commission financial statements showing the turnover of the provider in respect of that endorsement for the period of 12 months specified in the notice;(b) provide the Commission with a new gaming and wagering guarantee.(4) A copy of a gaming and wagering guarantee is to be provided to the Commission within 21 days after, as the case requires –(a) the person receives notice of the grant of the Tasmanian gaming licence; or(b) the licensed provider receives notice of the grant of the new guaranteeable endorsement; or(c) the licensed provider receives the requirement made under subsection (3) .(5) A gaming and wagering guarantee provided in accordance with subsection (2)(a) or (b) must be for an amount of not less than $1 000 000.(6) [Section 153A Subsection (6) substituted by No. 31 of 2021, s. 168, Applied:01 Jul 2023] A gaming and wagering guarantee provided in accordance with the requirement of the Commission made under subsection (3) must be for not less than the amount specified in the requirement, that specified amount being an amount that is not less than the greater of the following:(a) $1 000 000;(b) 1% of the licence holder’s turnover relating to all gaming conducted in respect of the guaranteeable endorsement during the 12 months immediately preceding the month in which the Commission made that requirement.(7) The Commission, under subsection (3) , may not require a licensed provider to provide a new gaming and wagering guarantee unless –(a) at least 6 months have passed since the Tasmanian gaming licence or endorsement to which the requirement relates was granted; or(b) at least 6 months have passed since the last such requirement was made; or(c) the licensed provider has acquired a new associate; or(d) the Commission considers that there has been a substantial increase in the turnover of the licensed provider.(8) If the Commission under subsection (3) requires a licensed provider to provide a new gaming and wagering guarantee and the licensed provider has not at that time conducted a gaming business in respect of the guaranteeable endorsement for a period of 12 months, the Commission may, for the purposes of determining the amount of the guarantee under subsection (6) , estimate the provider's turnover for a period of 12 months by having regard to the provider's turnover for the period during which the provider has conducted that gaming business.(9) [Section 153A Subsection (9) inserted by No. 13 of 2006, s. 27, Applied:20 Sep 2006] Where a licence holder –the Commission may use the gaming and wagering guarantee paid by the licence holder in order to satisfy those debts.(a) has gone into receivership; and(b) owes money to the Commission or has unpaid winnings to settle –(10) [Section 153A Subsection (10) inserted by No. 9 of 2009, s. 55, Applied:01 Jul 2009] This section does not apply to the holder of the initial totalizator endorsement, within the meaning of Division 5A of Part 4A , if and for as long as it is –(a) a State-owned company within the meaning of the Government Business Enterprises Act 1995 ; or(b) a wholly-owned subsidiary, within the meaning of the Corporations Act, of such a State-owned company.
153AB. High-roller casino guarantee
[Section 153AB Inserted by No. 31 of 2021, s. 169, Applied:01 Jul 2023](1) In this section –casino guarantee means a guarantee from an authorised deposit-taking institution relating to the business carried on, or to be carried on, under a high-roller casino licence;estimated turnover – see subsection (5);turnover period, in relation to a high-roller casino licence, means –(a) in a case to which subsection (2)(a) applies, the 12-month period immediately preceding the month in which the person was granted the high-roller casino licence; or(b) in a case to which subsection (2)(b) applies, the 12-month period immediately preceding the month in which the Commission makes a requirement under subsection (3)(b).(2) The holder of a high-roller casino licence must provide to the Commission a casino guarantee if –(a) the person has been granted a high-roller casino licence; or(b) the Commission, under subsection (3)(b), requires the licence holder to provide a new casino guarantee.(3) The Commission, by written notice, may require the holder of a high-roller casino licence to do one or more of the following:(a) provide to the Commission financial statements showing the turnover of the licence holder in respect of gaming at the high-roller casino for the immediately preceding 12-month period;(b) provide the Commission with a new casino guarantee.(4) A casino guarantee provided in accordance with subsection (2) must be of an amount specified by the Commission in writing, being an amount not less than the greater of the following:(a) $1 000 000;(b) 1% of the licence holder’s turnover, or estimated turnover, in respect of all gaming conducted at the high-roller casino under the high-roller casino licence during the turnover period.(5) If the holder of a high-roller casino licence has only conducted gaming at the relevant casino for part of the turnover period, the Commission may, for the purpose of determining the amount of the guarantee under subsection (4)(b), estimate what the licence holder's turnover for that turnover period would have been had the licence holder conducted gaming at the relevant casino for the entire turnover period.(6) A copy of a casino guarantee is to be provided to the Commission within 21 days after, as the case requires –(a) the licence holder receives notice of the grant of the high-roller casino licence; or(b) the licence holder receives a requirement made under subsection (3).(7) The Commission, under subsection (3), may not require a licence holder to provide a new casino guarantee unless –(a) at least 6 months have passed since the high-roller casino licence was granted; or(b) at least 6 months have passed since the last such requirement was made; or(c) the licence holder has acquired a new associate; or(d) the Commission considers that there has been a substantial increase in the turnover of the licence holder.(8) Where a licence holder –the Commission may use the casino guarantee paid by the licence holder in order to satisfy those debts.(a) has gone into receivership; or(b) owes money to the Crown under this Act –
Division 4 - Miscellaneous
153B. Application of Taxation Administration Act 1997
[Section 153B of Part 9 Inserted by No. 102 of 1999, s. 31, Applied:22 Dec 1999] The provisions of the Taxation Administration Act 1997 apply in relation to this Part and, for that purpose, this Part is taken to be a taxation law within the meaning of that Act.
[Section 153C of Part 9 Inserted by No. 102 of 1999, s. 31, Applied:22 Dec 1999] This Act is not, and never has been, an Income Tax Rating Act for the purposes of Part IV of the Constitution Act 1934 .
PART 10 - Miscellaneous
154. Manufacture, &c., of gaming equipment
[Section 154 Substituted by No. 31 of 2021, s. 170, Applied:01 Jul 2023](1) A casino operator, venue operator, venue owner, monitoring operator or keno operator must not manufacture, sell, supply, obtain or be in possession of gaming equipment except in accordance with this Act.Penalty: Fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 4 years, or both.(2) A casino operator, venue operator, venue owner, monitoring operator or keno operator must not sell or supply gaming equipment to a person who is not authorised under this Act to be in possession of that equipment except in accordance with this Act.Penalty: Fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 4 years, or both.
155. Possession of gaming equipment
(1) [Section 155 Subsection (1) amended by No. 31 of 2021, s. 29, Applied:16 Dec 2021] [Section 155 Subsection (1) amended by No. 46 of 1996, s. 18 ]The Commission may authorize in writing any person or class of persons to be in possession of gaming equipment.(2) [Section 155 Subsection (2) inserted by No. 46 of 1996, s. 18 ][Section 155 Subsection (2) omitted by No. 31 of 2021, s. 29, Applied:16 Dec 2021] . . . . . . . .(3) [Section 155 Subsection (3) inserted by No. 13 of 2006, s. 28, Applied:20 Sep 2006] A person who is not authorised under this Act must not possess gaming equipment.Penalty: Fine not exceeding 1 000 penalty units.
156. Seizure and forfeiture of equipment
(1) [Section 156 Subsection (1) substituted by No. 13 of 2006, s. 29, Applied:20 Sep 2006] A police officer or an inspector may, without warrant, seize from any person any equipment which the police officer or inspector reasonably suspects is gaming equipment that the person is not authorised under this Act to possess.(2) A police officer or inspector may apply to a court not less than 28 days after seizure of equipment for an order that the equipment seized be forfeited to the Crown.(3) [Section 156 Subsection (3) amended by No. 13 of 2006, s. 29, Applied:20 Sep 2006] On an application under subsection (2) , the court must order that the equipment be forfeited to the Crown if the court is satisfied that the equipment is gaming equipment that the person is not authorised under this Act to possess regardless of whether a charge has been filed in relation to the equipment or whether a person has been convicted of an offence in relation to the equipment.(4) The owner of equipment seized under subsection (1) may apply, within 28 days of the seizure, to a court for the return of the equipment.(5) [Section 156 Subsection (5) amended by No. 13 of 2006, s. 29, Applied:20 Sep 2006] On an application under subsection (4) , the court must order that the equipment be returned to its owner if the court is satisfied that the equipment is gaming equipment that the owner is authorised under this Act to possess.(6) If the owner of equipment seized under subsection (1) does not apply for the return of the equipment within 28 days of the seizure, the equipment is forfeited to the Crown.(7) Any equipment forfeited under this section is to be sold or otherwise disposed of in accordance with the directions of the court.(8) The proceeds (if any) of the sale or disposal is to be applied as if they were penalties.
[Section 156A Inserted by No. 102 of 1999, s. 32, Applied:22 Dec 1999](1) In this section,instant money lottery means a lottery in which the distribution of prizes in the lottery is determined by the requirement to match symbols or amounts on a ticket in the lottery.(2) If there appears on a ticket in an instant money lottery the expression "match 3", "match three", "match any 3" or "match any three", or an expression having similar effect, the expression has, and always has had, the same meaning as the expression "find 3 of the same".(3) This section applies to a claim in respect of an instant money lottery whether made before or after the commencement of this section and whether or not proceedings have been brought in respect of the claim.
(1) Subject to subsection (3) , a person must not directly or indirectly, except in the performance of duties or exercise of powers under this Act, make a record of, or divulge to any person, any information with respect to the affairs of another person acquired by the first-mentioned person in the performance of those duties or exercise of those powers.Penalty: Fine not exceeding 50 penalty units.(2) Subject to subsection (5) , a person is not, except for the purposes of this Act, required –in the performance of duties or exercise of powers under this Act.(a) to produce in a court a document that has come into his or her possession or under his or her control; or(b) to divulge to a court any information that has come to his or her notice –(3) A person may –(a) divulge specified information to such persons as the Minister directs if the Minister certifies that it is necessary in the public interest that the information should be so divulged; or(b) divulge information to a law enforcement agency or gaming regulation agency; or(c) divulge information to a person who is expressly or impliedly authorized by the person to whom the information relates to obtain it.(4) An authority or person to whom information is divulged under subsection (3) , and a person or employee under the control of that authority or person, is subject, in respect of that information, to the same rights, privileges, obligations and liabilities under this section as if that authority, person or employee were a person performing duties under this Act and had acquired the information in the performance of those duties.(5) If –(a) the Minister certifies that it is necessary in the public interest that specified information should be divulged to a court; or(b) a person to whom information relates has expressly authorized it to be divulged to a court –a person may be required –(c) to produce in the court any document containing the information; or(d) to divulge the information to the court.(6) [Section 157 Subsection (6) amended by No. 54 of 2009, Sched. 1, Applied:01 Jul 2010] This provision has effect notwithstanding anything contained in the Right to Information Act 2009 .(7) In this section –court includes any tribunal, authority or person having power to require the production of documents or the answering of questions;[Section 157 Subsection (7) amended by No. 75 of 2009, s. 40, Applied:07 Dec 2009] gaming regulation agency means any authority or person responsible for the regulation and control of the conduct of gaming, whether in this State or elsewhere;produce includes permit access to.
[Section 158 Amended by No. 46 of 1996, s. 19 ]The Commission may delegate any of its functions or powers under this Act or any other Act (other than this power of delegation).
159. Conflict of interest and duty
[Section 159 Subsection (1) amended by No. 13 of 2006, s. 30, Applied:20 Sep 2006] [Section 159 Subsection (1) amended by No. 102 of 1999, s. 33, Applied:22 Dec 1999] [Section 159 Subsection (2) amended by No. 13 of 2006, s. 30, Applied:20 Sep 2006] [Section 159 Subsection (2) amended by No. 102 of 1999, Sched. 1, Applied:22 Dec 1999] [Section 159 Subsection (3) amended by No. 15 of 2013, s. 24, Applied:20 Jun 2013] [Section 159 Subsection (3) amended by No. 13 of 2006, s. 30, Applied:20 Sep 2006] [Section 159 Subsection (3) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 159 Subsection (3) amended by No. 102 of 1999, Sched. 1, Applied:22 Dec 1999] [Section 159 Subsection (4) amended by No. 13 of 2006, s. 30, Applied:20 Sep 2006] [Section 159 Subsection (4) amended by No. 102 of 1999, Sched. 1, Applied:22 Dec 1999] [Section 159 Subsection (6) amended by No. 13 of 2006, s. 30, Applied:20 Sep 2006] [Section 159 Subsection (6) amended by No. 102 of 1999, Sched. 1, Applied:22 Dec 1999] [Section 159 Substituted by No. 31 of 2021, s. 171, Applied:01 Jul 2023](1) An authorized person must not be a casino operator, venue operator, keno operator, monitoring operator, licensed provider, a person listed on the Roll or an employee in any capacity of such an operator, provider or person listed on the Roll.(2) An authorized person who knowingly has, directly or indirectly, any business or financial association with or any business or financial interest in any matter in conjunction with a casino operator, venue operator, keno operator, monitoring operator, licensed provider or person listed on the Roll must as soon as possible–(a) notify the Commission of the association or interest; and(b) if directed to do so by the Commission, within a time specified by the Commission terminate the association or relinquish the interest.(3) A person who ceases to be an authorized person must not, at any time during the next 2 years, be employed by or significantly associated with a casino operator, venue operator, keno operator, monitoring operator, licensed provider or person listed on the Roll unless the Commission otherwise approves.(4) A person who ceases to be a Commissioner must not, at any time during the next 2 years after ceasing to be a Commissioner, be employed by or significantly associated with a casino operator, venue operator, keno operator, monitoring operator, licensed provider or person listed on the Roll unless the Commission otherwise approves.(5) A casino operator, venue operator, keno operator, monitoring operator, licensed provider or person listed on the Roll must not employ, or be significantly associated with, a person prohibited by subsection (3) or (4) from being so employed or associated.Penalty: Fine not exceeding 50 penalty units.
160. Protection from liability of authorized persons
(1) An authorized person does not incur any personal liability in respect of any act done or omitted to be done by the authorized person in good faith in the performance or exercise, or purported performance or exercise, of any function or power of the authorized person or in the administration or execution, or proposed administration or execution, of this Act.(2) Subsection (1) does not preclude the Crown from incurring liability that the authorized person would, but for subsection (1) , incur.
161. Change in situation of licensee or person listed on Roll
[Section 161 Substituted by No. 11 of 1998, s. 21, Applied:22 May 1998] [Section 161 Subsection (1) amended by No. 13 of 2006, s. 31, Applied:20 Sep 2006] [Section 161 Substituted by No. 31 of 2021, s. 172, Applied:01 Jul 2023](1) Whenever a change, of a kind specified by the Commission in writing given to the holder of a prescribed licence under this Act or a person listed on the Roll, takes place in the situation existing in relation to that licence holder or person, the licence holder or person must, in a form approved by the Commission and on payment of the prescribed fee, notify the Commission of the change within 14 days after it takes place.Penalty: Fine not exceeding 20 penalty units.(2) Subsection (1) does not apply to the holder of a casino licence, keno licence, or monitoring operator’s licence.(3) Where notification of a change relates to a change in an associate of a licensee or a person whose name is listed on the Roll, the Commission must investigate and consider each notification of change –(a) if the change relates to a venue operator, in accordance with sections 38 , 39 and 40 ; or(b) if the change relates to a person whose name is listed on the Roll, in accordance with section 71 .
162. Destruction of finger prints, &c.
(1) [Section 162 Subsection (1) amended by No. 11 of 1998, s. 22, Applied:22 May 1998] Any finger prints or palm prints obtained by the Commission under this Act and any copies of them may be destroyed by the Commission as soon as the Commission has no further use for them.(2) The Commission is deemed to have no further use for finger prints or palm prints when –(a) [Section 162 Subsection (2) amended by No. 31 of 2021, s. 173, Applied:01 Jul 2023] they were obtained in connection with an application for a venue licence and the application is refused; or(b) [Section 162 Subsection (2) amended by No. 31 of 2021, s. 173, Applied:01 Jul 2023] they were obtained in connection with the grant of a casino licence, a monitoring operator’s licence or a keno operator's licence and the licence is not granted; or(ba) [Section 162 Subsection (2) amended by No. 102 of 1999, s. 34, Applied:22 Dec 1999] they were obtained in connection with an application for a Tasmanian gaming licence and the licence is not granted; or(c) [Section 162 Subsection (2) amended by No. 13 of 2006, s. 32, Applied:20 Sep 2006] [Section 162 Subsection (2) amended by No. 31 of 2021, s. 173, Applied:01 Jul 2023] they were obtained in connection with an application by a person to be listed on the Roll and the application is refused; or(d) the licence in connection with which they were obtained is cancelled or surrendered; or(e) they were obtained in connection with the appointment of a person as an inspector or as an authorized person and the person is not so appointed.(2A) [Section 162 Subsection (2A) inserted by No. 11 of 1998, s. 23, Applied:22 May 1998] The Commission may destroy any finger prints or palm prints obtained by the Commission under this Act and any copies of them in any circumstances it considers appropriate.(3) A person who in connection with an application for a licence or to be listed on the Roll or appointment as an inspector has possession of finger prints or palm prints obtained by the Commission under this Act, or copies of them, must deliver them to the Commission, in accordance with the directions of the Commission, so as to enable the Commission to comply with subsection (1) .Penalty: Fine not exceeding 20 penalty units.(4) The holder of a special employee's licence may, when his or her licence is surrendered, request that his or her finger prints or palm prints be retained by the Commission for a period not exceeding 3 years.
163. Records not kept in writing
(1) This section applies to a record that –(a) is not in writing; or(b) is not written in the English language; or(c) is not decipherable on sight.(2) A requirement under this Act to produce a record is to be considered to be a requirement to produce (in addition to the record if it is in writing or instead of the record if it is not in writing) a statement written in the English language and decipherable on sight containing the whole of the information in the record.
164. False or misleading information
(1) A person must not –give information that is false or misleading in a material particular.(a) in, or in relation to, an application for a licence; or(b) in purported compliance with the requirements of a notice under this Act; or(c) in answer to a question asked by an inspector in the exercise of his or her functions as an inspector; or(d) [Section 164 Subsection (1) amended by No. 102 of 1999, s. 35, Applied:22 Dec 1999] in purporting to provide information that the person has been authorized to provide; or(e) [Section 164 Subsection (1) amended by No. 102 of 1999, s. 35, Applied:22 Dec 1999] in, or in relation to, a return provided in respect of the finances of the holder of a licence under this Act –Penalty: Fine not exceeding 50 penalty units.(2) It is a defence to a prosecution of a person for an offence under subsection (1) if it is proved that, at the time the information was given, the person believed, on reasonable grounds –(a) in the case of false information that the information was true; or(b) in the case of misleading information that the information was not misleading.
165. Inducements, cheating, &c.
(1) [Section 165 Subsection (1) amended by No. 31 of 2021, s. 174, Applied:01 Jul 2023] A person must not dishonestly–to deliver, give or credit to the first-mentioned person or another person any money, gaming chips, gaming tokens, benefit, advantage, valuable consideration or security.(a) by a scheme or practice; or(b) by the use of gaming equipment; or(c) by the use of an instrument or article of a type used in connection with gaming, or appearing to be of a type used in connection with gaming or of any other thing–in relation to gaming or the conduct of gaming, induce–(d) a person licensed under this Act; or(e) a person listed on the Roll; or(f) an associate of a person so licensed or listed; or(g) a person acting on behalf of a person so licensed or listed–Penalty: [Section 165 Subsection (1) amended by No. 13 of 2006, s. 33, Applied:20 Sep 2006] Fine not exceeding 10 000 penalty units or imprisonment for a term not exceeding 4 years, or both.(2) [Section 165 Subsection (2) amended by No. 31 of 2021, s. 174, Applied:01 Jul 2023] A person licensed under this Act or a person listed on the Roll or an associate of a person so licensed or listed must not dishonestly–in relation to gaming or the conduct of gaming, induce a person to deliver, give or credit to the person so licensed or listed or another person, any money, gaming chips, gaming tokens, benefit, advantage, valuable consideration or security.(a) by a scheme or practice; or(b) by the use of gaming equipment; or(c) by the use of an instrument or article of a type used in connection with gaming or appearing to be of a type used in connection with gaming or of any other thing–Penalty: [Section 165 Subsection (2) amended by No. 13 of 2006, s. 33, Applied:20 Sep 2006] Fine not exceeding 10 000 penalty units or imprisonment for a term not exceeding 4 years, or both.(3) [Section 165 Subsection (3) amended by No. 31 of 2021, s. 174, Applied:01 Jul 2023] A person must not dishonestly cause gaming equipment to deliver, give or credit to the person or another person any gaming chips, gaming tokens, benefit, advantage, valuable consideration or security.Penalty: [Section 165 Subsection (3) amended by No. 53 of 2005, s. 23, Applied:01 Dec 2005] Fine not exceeding 10 000 penalty units or imprisonment for a term not exceeding 4 years or both.(4) [Section 165 Subsection (4) inserted by No. 53 of 2005, s. 23, Applied:01 Dec 2005] A person must not –(a) cheat in a gaming activity; or(b) do anything for the purposes of enabling or assisting another person to cheat in a gaming activity.Penalty: Fine not exceeding 10 000 penalty units or imprisonment for a term not exceeding 4 years, or both.(5) [Section 165 Subsection (5) inserted by No. 53 of 2005, s. 23, Applied:01 Dec 2005] For the purposes of subsection (4) , it is immaterial whether a person who cheats in a gaming activity –(a) improves the person's chances of winning anything; or(b) wins anything.(6) [Section 165 Subsection (6) inserted by No. 53 of 2005, s. 23, Applied:01 Dec 2005] Without prejudice to the generality of subsection (4) , cheating in a gaming activity may, in particular, consist of actual or attempted deception or interference in connection with –(a) the process by which the gaming activity is conducted; or(b) a real or simulated game, race or other event or process to which the gaming activity relates.
166. Bribery of authorized persons
(1) An authorized person must not corruptly ask for, receive or obtain, or agree to receive or obtain, any money, property or benefit of any kind for the authorized person or any other person –(a) so that the authorized person will forego or neglect his or her functions or duties under this Act or in order to influence the authorized person in the performance of his or her functions or duties under this Act; or(b) on account of any thing already done or omitted to be done or to be afterwards done or omitted to be done by the authorized person in the performance of his or her functions or duties under this Act; or(c) for the authorized person to use or take advantage of his or her position improperly to gain any benefit or advantage for or facilitate the commission of an offence by another person.Penalty: Fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 4 years or both.(2) A person must not corruptly give to, confer on or procure for, or promise or offer to give to, confer on or procure for, an authorized person or any other person any money, property or benefit of any kind –(a) so that the authorized person will forego or neglect his or her functions or duties under this Act or in order to influence the authorized person in the performance of his or her functions or duties under this Act; or(b) on account of any thing already done or omitted to be done or to be afterwards done or omitted to be done by the authorized person in the performance of his or her functions or duties under this Act; or(c) for the authorized person to use or take advantage of his or her position improperly to gain any benefit or advantage for or facilitate the commission of an offence by the first-mentioned person or any other person.Penalty: Fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 4 years or both.
167. Gambling by authorized persons prohibited
(1) An authorized person must not gamble in an approved venue except to the extent that it may be necessary to do so in the exercise of his or her functions in the course of the administration of this Act.(2) If an authorized person ceases to be an authorized person, he or she must not gamble in an approved venue during the next 3 months.Penalty: Fine not exceeding 20 penalty units.
168. Service of documents on Commission
(1) A document may be served on the Commission by sending it by post to the principal office of the Commission or leaving it at that office with a person authorized in writing by the Commission to accept service of documents on behalf of the Commission.(2) Nothing in this section affects the operation of any provision of a law or of the rules of a court authorizing a document to be served on the Commission in any other manner.
(1) In proceedings under this Act, an assertion –is evidence of the fact or facts asserted.(a) that, at a specified time or during a specified period a specified person was the Minister administering this or any other Act; or(b) that, at a specified time or during a specified period, a specified person held, or is acting in a specified office; or(c) that a signature purporting to be the signature of a Minister, a police officer or an authorized person is the signature it purports to be; or(d) that, at a specified time or during a specified period, a specified person was, or was not, the holder of a specified licence under this Act; or(e) that, at a specified time, a person attained a specified age or that, at a specified time or during a specified period, a specified person was under or over a specified age –(2) In proceedings under this Act –(a) a document purporting to be a copy of a direction, notice, order, requirement or decision given or made under this Act is evidence of a direction, notice, order, requirement or decision of which it purports to be a copy; and(b) a document purporting to be a copy of a licence under this Act is evidence of a licence of which it purports to be a copy; and(c) evidence that a person accepted service of a document is evidence of the authority of the person to accept service of the document.
(1) If a corporation contravenes any provision of this Act, each person who is a director of the corporation or who is concerned in the management of the corporation is to be taken to have contravened the same provision if the person knowingly authorized or permitted the contravention.(2) A person may be proceeded against and convicted under a provision in accordance with subsection (1) whether or not the corporation has been proceeded against or convicted under that provision.(3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation against this Act.
(1) A proceeding for an offence against this Act may only be brought by –(a) a police officer; or(b) the Commission; or(c) a person authorized to do so, either generally or in a particular case, by the Commission.(2) In a proceeding for an offence against this Act it must be presumed, in the absence of evidence to the contrary, that the person bringing the proceeding was authorized to bring it.(3) [Section 171 Subsection (3) inserted by No. 45 of 2001, s. 89, Applied:01 Jul 2001] Despite the Justices Act 1959 , proceedings in respect of an offence against this Act (other than an offence that is a crime) may be commenced at any time within 2 years after the cause of complaint arises.
172. Information gathering for law enforcement purposes
[Section 172 Subsection (1) amended by No. 13 of 2006, s. 34, Applied:20 Sep 2006] [Section 172 Subsection (1) amended by No. 45 of 2001, s. 90, Applied:01 Jul 2001] [Section 172 Subsection (1) amended by No. 102 of 1999, Sched. 1, Applied:22 Dec 1999] [Section 172 Subsection (3) amended by No. 102 of 1999, s. 36, Applied:22 Dec 1999] [Section 172 Subsection (3) amended by No. 45 of 2001, s. 90, Applied:01 Jul 2001] [Section 172 Subsection (3) amended by No. 13 of 2006, s. 34, Applied:20 Sep 2006] [Section 172 Subsection (4) amended by No. 102 of 1999, s. 36, Applied:22 Dec 1999] [Section 172 Subsection (4) substituted by No. 45 of 2001, s. 90, Applied:01 Jul 2001] [Section 172 Substituted by No. 31 of 2021, s. 175, Applied:01 Jul 2023](1) For the purpose of obtaining information that may be of assistance to a law enforcement agency, the Commission may direct a casino operator, venue operator, keno operator, monitoring operator, licensed provider, minor gaming operator or person listed on the Roll in writing to provide the Commission with information obtained by the operator, provider or person listed on the Roll concerning their operations.(2) A direction under subsection (1) may relate to particular information or to information generally and may relate to particular or general information concerning a specified person.(3) The direction must specify –(a) the kind of information that the casino operator, venue operator, keno operator, monitoring operator, licensed provider, minor gaming operator or person listed on the Roll is required to provide; and(b) the manner in which the information is to be provided.(4) It is a condition of a casino licence, venue licence, keno operator's licence, monitoring operator’s licence, Tasmanian gaming licence, minor gaming permit or listing on the Roll that the holder of the licence or permit or the person listed on the Roll must comply with a direction under subsection (1) .(5) The Commission may make information obtained by the Commission under this section available to any law enforcement agency.
[Section 172A Inserted by No. 75 of 2009, s. 41, Applied:07 Dec 2009](1) [Section 172A Subsection (1) amended by No. 31 of 2021, s. 30, Applied:16 Dec 2021] A police officer, authorized person or inspector may issue and serve an infringement notice on a person if he or she reasonably believes that the person has committed an infringement offence.(2) An infringement notice may not be served on a minor.(3) An infringement notice –(a) is to be in accordance with section 14 of the Monetary Penalties Enforcement Act 2005 ; and(b) is not to relate to more than 3 offences.(4) The regulations –(a) may prescribe the penalty applicable to each infringement notice offence that is payable under an infringement notice; and(b) may prescribe different penalties for bodies corporate and individuals.(5) [Section 172A Subsection (5) omitted by No. 20 of 2013, s. 47, Applied:20 Jun 2013] . . . . . . . .(6) In this section –infringement offence means an offence against this Act or the regulations that is prescribed by the regulations to be an infringement offence;minor means a person who is under the age of 18 years.
(1) A person aggrieved by a decision of the Commission –may appeal to the Supreme Court from the decision.(a) [Section 173 Subsection (1) amended by No. 102 of 1999, s. 37, Applied:22 Dec 1999] [Section 173 Subsection (1) amended by No. 45 of 2001, s. 91, Applied:01 Jul 2001] to cancel or suspend, or to refuse to cancel or suspend, a prescribed licence or gaming endorsement under this Act; or(b) [Section 173 Subsection (1) amended by No. 45 of 2001, s. 91, Applied:01 Jul 2001] to amend, or to refuse to amend, the conditions of a prescribed licence under this Act; or(c) [Section 173 Subsection (1) amended by No. 11 of 1998, s. 23, Applied:22 May 1998] [Section 173 Subsection (1) amended by No. 45 of 2001, s. 91, Applied:01 Jul 2001] to list or refuse to list the name of a person on the Roll –(2) The Supreme Court must hear and determine the appeal and make such order as it thinks appropriate by reason of its decision, including, without limiting its power to make such orders –(a) an order affirming or setting aside the decision of the Commission; or(b) an order remitting the matter to the Commission to decide again in accordance with the directions of the Supreme Court.
[Section 173A Inserted by No. 31 of 2021, s. 176, Applied:01 Jul 2023] The Commission may waive, reduce or remit payment of all or part of any fee or other amount payable under this Act to the Commission in any circumstances that the Commission considers appropriate.
(1) The Governor may make regulations for the purposes of this Act.(2) [Section 174 Subsection (2) amended by No. 31 of 2021, s. 177, Applied:01 Jul 2023] Without limiting the generality of subsection (1), the regulations may be made for or with respect to any of the following:(a) the activities of persons licensed under this Act;(b) [Section 174 Subsection (2) amended by No. 13 of 2006, s. 35, Applied:20 Sep 2006] [Section 174 Subsection (2) amended by No. 31 of 2021, s. 177, Applied:01 Jul 2023] the activities of persons listed on the Roll;(ba) [Section 174 Subsection (2) amended by No. 31 of 2021, s. 177, Applied:01 Jul 2023] the installation, handling, possession, use, operation, control, management, appearance and identification of gaming equipment;(bb) [Section 174 Subsection (2) amended by No. 31 of 2021, s. 177, Applied:01 Jul 2023] requirements for the maintenance, security, testing, service, repair and storage of gaming equipment;(bc) [Section 174 Subsection (2) amended by No. 31 of 2021, s. 177, Applied:01 Jul 2023] the labelling and sealing of gaming equipment;(bd) [Section 174 Subsection (2) amended by No. 31 of 2021, s. 177, Applied:01 Jul 2023] tampering or interfering with gaming equipment;(be) [Section 174 Subsection (2) amended by No. 31 of 2021, s. 177, Applied:01 Jul 2023] the storage of information in, and the retrieval of information from, gaming equipment;(c) the periods within which, and the manner in which, appeals may be made to the Supreme Court under section 173 ;(d) classes of approved venue and the restrictions and entitlements applying to each class;(e) [Section 174 Subsection (2) amended by No. 102 of 1999, s. 38, Applied:22 Dec 1999] facilities and amenities in approved venues, approved locations or classes of approved venues or approved locations;(f) [Section 174 Subsection (2) amended by No. 13 of 2006, s. 35, Applied:20 Sep 2006] [Section 174 Subsection (2) amended by No. 31 of 2021, s. 177, Applied:01 Jul 2023] security arrangements to be taken by persons licensed under this Act or by persons listed on the Roll;(g) [Section 174 Subsection (2) amended by No. 31 of 2021, s. 177, Applied:01 Jul 2023] . . . . . . . .(h) [Section 174 Subsection (2) amended by No. 31 of 2021, s. 177, Applied:01 Jul 2023] production, registration, security and confidentiality of gaming chips and gaming tokens;(i) access to gaming machines and other gaming equipment;(j) [Section 174 Subsection (2) amended by No. 102 of 1999, s. 38, Applied:22 Dec 1999] [Section 174 Subsection (2) amended by No. 31 of 2021, s. 177, Applied:01 Jul 2023] internal controls, administration and accounting procedures to be put in place by prescribed licence holders;(ja) [Section 174 Subsection (2) amended by No. 31 of 2021, s. 177, Applied:01 Jul 2023] signage and advertising at approved venues;(jb) [Section 174 Subsection (2) amended by No. 31 of 2021, s. 177, Applied:01 Jul 2023] requirements in relation to the offering of keno and casino gaming facilities by licence holders;(jc) [Section 174 Subsection (2) amended by No. 31 of 2021, s. 177, Applied:01 Jul 2023] requirements as to the operating hours for casinos;(jd) [Section 174 Subsection (2) amended by No. 31 of 2021, s. 177, Applied:01 Jul 2023] the approval by the Commission of plans, diagrams and specifications relating to the conduct of monitoring or operations in casinos, including the amendment of such approvals;(je) [Section 174 Subsection (2) amended by No. 31 of 2021, s. 177, Applied:01 Jul 2023] the minimum wager that may be accepted on a specified game, or class of games, played at a high-roller casino;(k) [Section 174 Subsection (2) amended by No. 102 of 1999, s. 38, Applied:22 Dec 1999] the collection and security of money in approved venues and approved locations and between approved venues or approved locations and financial institutions;(l) procedures for the counting of revenue in approved venues;(m) procedures and standards for the maintenance, security and storage of gaming equipment;(ma) [Section 174 Subsection (2) amended by No. 31 of 2021, s. 177, Applied:01 Jul 2023] the establishment and maintenance of a register of gaming machine authorities;(mb) [Section 174 Subsection (2) amended by No. 31 of 2021, s. 177, Applied:01 Jul 2023] the basis for allocating gaming machine authorities to be endorsed on new venue licences and for allocating additional gaming machine authorities to be endorsed on existing venue licences;(mc) [Section 174 Subsection (2) amended by No. 31 of 2021, s. 177, Applied:01 Jul 2023] conditions and restrictions on the endorsement of gaming machine authorities on venue licences by the Commission;(n) [Section 174 Subsection (2) amended by No. 31 of 2021, s. 177, Applied:01 Jul 2023] the manufacture, sale, supply, acquisition, ownership, possession, use, operation, transport, management, disposal and destruction of gaming equipment;(na) [Section 174 Subsection (2) amended by No. 31 of 2021, s. 177, Applied:01 Jul 2023] restrictions on the approval of and operation of FATG machines and FATG games;(nb) [Section 174 Subsection (2) amended by No. 31 of 2021, s. 177, Applied:01 Jul 2023] the terms and conditions of acquisition (including tendering and the calling of expressions of interest), ownership, disposal and destruction of gaming equipment;(nc) [Section 174 Subsection (2) amended by No. 31 of 2021, s. 177, Applied:01 Jul 2023] any matter relating to the operation of an electronic monitoring system;(nd) [Section 174 Subsection (2) amended by No. 31 of 2021, s. 177, Applied:01 Jul 2023] any other matter relating to monitoring operator licences;(o) conditions under which linked jackpot arrangements are permitted;(p) [Section 174 Subsection (2) amended by No. 31 of 2021, s. 177, Applied:01 Jul 2023] conditions for the accumulation or contribution of money to jackpot prize pools;(q) fees for the purposes of this Act;(qa) [Section 174 Subsection (2) amended by No. 31 of 2021, s. 177, Applied:01 Jul 2023] the distribution of the money in the Community Support Fund;(r) [Section 174 Subsection (2) amended by No. 102 of 1999, s. 38, Applied:22 Dec 1999] [Section 174 Subsection (2) amended by No. 15 of 2013, s. 25, Applied:20 Jun 2013] . . . . . . . .(s) [Section 174 Subsection (2) amended by No. 102 of 1999, s. 38, Applied:22 Dec 1999] any matter relevant to the conduct of gaming, a gaming activity or a gaming business.(2A) [Section 174 Subsection (2A) inserted by No. 53 of 2005, s. 24, Applied:01 Dec 2005] [Section 174 Subsection (2A) omitted by No. 9 of 2009, s. 56, Applied:01 Jul 2009] . . . . . . . .(3) [Section 174 Subsection (3) amended by No. 31 of 2021, s. 177, Applied:01 Jul 2023] The regulations–(a) [Section 174 Subsection (3) amended by No. 31 of 2021, s. 177, Applied:01 Jul 2023] may impose a fine not exceeding 200 penalty units for a contravention of or failure to comply with the regulations; and(b) may be of general or of specially limited application; and(c) may differ according to differences in time, place or circumstance; and(d) may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person whether–(i) wholly or partially or as amended by the regulations; or(ii) as formulated, issued, prescribed or published at the time the regulations are made or any time before then; or(iii) as formulated, issued, prescribed or published from time to time; and(e) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Commission or an authorized person.(4) [Section 174 Subsection (4) substituted by No. 31 of 2021, s. 177, Applied:01 Jul 2023] The regulations may prescribe a fee by specifying –(a) a set amount; or(b) any other method of calculating the fee.(4A) [Section 174 Subsection (4A) inserted by No. 31 of 2021, s. 177, Applied:01 Jul 2023] The regulations may provide for –(a) the rounding of fees; and(b) fees that vary according to class of premises or venues; and(c) the manner of payment of fees; and(d) the time or times at which fees are to be paid; and(e) any fee to be paid by instalments.(5) [Section 174 Subsection (5) amended by No. 45 of 2001, s. 92, Applied:01 Jul 2001] Regulations under this section may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.(6) [Section 174 Subsection (6) amended by No. 45 of 2001, s. 92, Applied:01 Jul 2001] A provision referred to in subsection (5) may, if the regulations so provide, take effect from the commencement of this Act or the Act amending this Act, as the case requires, or a later date.(7) [Section 174 Subsection (7) inserted by No. 9 of 2009, s. 56, Applied:01 Jul 2009] If necessary to effect or further a savings or transitional purpose, a provision referred to in subsection (5) –(a) need not be consistent with this Act or, if applicable, the amending Act; and(b) may confer exemptions on persons from the requirements of this Act or the amending Act.
The Acts specified in Schedule 4 are repealed.The amendments effected by this section have been incorporated into the authorised version of the Casino Company Control Act 1973 .[Section 177 Amended by No. 68 of 1994, s. 3 and Sched. 1 ]The amendment effected by this section has been incorporated into the authorised version of the Racing and Gaming Act 1952 .
178. Transitional and savings provisions
(1) In this section –commencement day means the day on which this Act commences;former body means the Tasmanian Gaming Commission constituted under the Gaming Act 1983 .(2) A game that was specified in the casino licence under the Wrest Point Casino Licence and Development Act 1968 immediately before the commencement of this Act and a game in respect of which a declaration under section 10 of the Northern Casino Act 1978 was in force immediately before that commencement are deemed to be approved by the Commission under section 80 or 103 of this Act and the rules in respect of those games are deemed to be approved by the Commission under section 103 .(3) Any machine, instrument or device prescribed as being an authorized machine in regulations in force under the Wrest Point Casino Licence and Development Act 1968 or the Northern Casino Act 1978 immediately before the commencement of this Act is deemed to be a gaming machine type approved by the Commission under section 80 or is deemed to be other gaming equipment approved by the Commission under section 81 .(4) [Section 178 Subsection (4) amended by No. 45 of 2001, s. 93, Applied:01 Jul 2001] A direction in force under section 9A of the Wrest Point Casino Licence and Development Act 1968 or section 12 of the Northern Casino Act 1978 immediately before the commencement of this Act in so far as it is not inconsistent with the provisions of this Act is deemed to be a direction given to a casino operator under section 112P .(5) Any approval given by the former body in relation to internal controls and administrative and accounting procedures in accordance with a direction referred to in subsection (4) is deemed to be an approval given by the Commission under section 137 .(6) The Commission must issue a special employee's licence to a person who, immediately before the commencement of this Act, was authorized under the Gaming Act 1983 to undertake duties approved by the former body in a casino.(7) Until the Commission issues a special employee's licence to a person under subsection (6) , the person is deemed to be the holder of a provisional special employee's licence.(8) The Commission must issue a technician's licence to a person who, immediately before the commencement of this Act, was authorized under the Gaming Act 1983 to be employed in a casino as a technician.(9) Until the Commission issues a technician's licence to a person under subsection (8) , the person is deemed to be the holder of a provisional technician's licence.(10) It is to be a condition of a licence issued under subsection (6) or (8) that the licensee consent to having his or her finger prints and palm prints taken by the Commission before 1 January 1997.(11) A person who immediately before the commencement of this Act held office as an inspector under the Gaming Act 1983 is taken to be an inspector on the same terms and conditions as those applying to the inspector appointed under the Gaming Act 1983 .(12) On the commencement day, the property and rights of the former body vest in the Commission and the liabilities and obligations of the former body become the liabilities and obligations of the Commission.(13) On and after the commencement day, any contract or agreement entered into by the former body and in force immediately before that day is taken to be a contract or agreement entered into by the Commission.(14) On and after the commencement day, legal proceedings instituted by or against the former body before, and pending on, the commencement day may be continued by or against the Commission.(15) Any legal or other proceedings which may, before the commencement day, have been instituted or continued by or against the former body may, on and after that day, be instituted or continued by or against the Commission.(16) On and after the commencement day, a judgment or order of a court obtained in legal proceedings by or against the former body may be enforced by or against the Commission.(17) On and after the commencement day –(a) a reference to the former body in any law or in any contract, award or other instrument in force immediately before that day and to which the former body was a party is taken to be a reference to the Commission; and(b) a document addressed to and purporting to be served on the former body is taken to be served on the Commission.(18) All acts, matters and things done or omitted to be done by, or done or suffered in relation to, the former body before the commencement day have, on and after that day, the same force and effect as if they had been done or omitted to be done by, or done or suffered in relation to, the Commission.
178A. Further transitional and savings provisions
[Section 178A Inserted by No. 102 of 1999, s. 39, Applied:22 Dec 1999] Schedule 5 has effect.
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –(a) the administration of this Act is assigned to the Treasurer; and(b) the Department responsible to the Treasurer in relation to the administration of this Act is the Department of Treasury and Finance.
SCHEDULE 1[Schedule 1 Substituted by No. 59 of 2003, s. 17, Applied:01 Jul 2003] [Schedule 1 Repealed by No. 31 of 2021, s. 178, Applied:01 Jul 2023]
SCHEDULE 2 - Provisions with Respect to Membership of Commission
1. Terms of office(1) A member of the Commission is to be appointed for such term, not exceeding 4 years, as is specified in the relevant instrument of appointment and, if otherwise qualified, is eligible for reappointment from time to time for a term not exceeding 4 years.(2) [Schedule 2 Amended by No. 17 of 2005, Sched. 1, Applied:10 Jun 2005] . . . . . . . .
2. Provisions requiring devotion of whole of time to other dutiesWhere, by or under any Act, provision is made requiring the holder of an office to devote the whole of his or her time to the duties of office under that Act, that provision does not operate to disqualify that person from holding that office and also the office of a member of the Commission.
3. Conditions of appointment(1) Subject to subclause (2) , a member of the Commission is entitled to be paid such remuneration and allowances as the Governor may from time to time determine.(2) A member of the Commission holds office on such conditions in relation to matters not provided for by this Act as are specified in the instrument of appointment.
4. Deputies of members(1) The Minister may appoint a deputy of a member of the Commission.(2) If a member of the Commission is unable for any reason to perform the duties of a member, the member's deputy may perform those duties and, when doing so, is treated as a member.(3) A deputy member of the Commission holds office for such term, not exceeding 4 years, and on such conditions as are specified in the deputy member's instrument of appointment.
5. ResignationA member of the Commission may resign by signed notice given to the Governor.
6. Removal of member of CommissionThe Governor may remove a member of the Commission from office if –(a) the member fails to disclose a pecuniary interest as required under clause 6 of Schedule 3 ; or(b) the member is convicted in Tasmania, or elsewhere, of an offence involving fraud or dishonesty which is punishable on conviction by imprisonment for a term of 3 months or more or of an offence which is punishable by imprisonment for a term of 12 months or more; or(c) the Governor considers that the member is physically or mentally incapable of continuing as a member; or(d) the Governor considers that the member is unable to perform adequately or competently the functions of the office as a member; or(e) the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration or estate for their benefit; or(f) [Schedule 2 Amended by No. 17 of 2005, Sched. 1, Applied:10 Jun 2005] the member is absent from 3 consecutive ordinary meetings of the Commission without leave of absence.(g) [Schedule 2 Amended by No. 17 of 2005, Sched. 1, Applied:10 Jun 2005] . . . . . . . .
7. Filling of vacancy(1) A member of the Commission vacates office if the member –(a) dies; or(b) resigns; or(c) is removed from office under clause 6 .(2) The Minister may appoint a person to a vacant office of a member for the residue of the predecessor's term of office.
8. Validity of proceedings, &c.(1) An act or proceeding of the Commission or of any person acting under a power of delegation of the Commission is not invalidated or prejudiced by reason only of the fact that, at the time when the act or proceeding was done, taken or commenced, there was a vacancy in the membership of the Commission.(2) All acts and proceedings of the Commission or of any person acting under a power of delegation of the Commission are, notwithstanding the subsequent discovery of any defect in the appointment of any member of the Commission or that any person was disqualified from acting as, or incapable of being, a member of the Commission, as valid as if the member had been duly appointed and was qualified to act as, or capable of being, a member, and as if the Commission had been fully constituted.
9. PresumptionsIn any proceedings by or against the Commission, unless evidence is given to the contrary, proof is not required of –(a) the constitution of the Commission; or(b) any resolution of the Commission; or(c) the appointment of any member of the Commission; or(d) the presence of a quorum at any meeting of the Commission.
SCHEDULE 3 - Provisions with Respect to Meetings of Commission
1. Convening of meetingsMeetings of the Commission may be convened by the chairperson of the Commission or by any 2 members of the Commission.
2. Presiding at meetings(1) The chairperson of the Commission is to preside at all meetings of the Commission at which the chairperson is present.(2) If the chairperson of the Commission is not present at a meeting of the Commission, a member of the Commission elected by the members present is to preside at that meeting.
3. Quorum and voting at meetings(1) Two members of the Commission form a quorum at any duly convened meeting of the Commission.(2) Any duly convened meeting of the Commission at which a quorum is present is competent to transact any business of the Commission.(3) Questions arising at a meeting of the Commission are to be determined by a majority of votes of the members of the Commission present and voting and, in the event of an equality of votes, the person presiding at the meeting has a second or casting vote.
4. Conduct of meetings(1) Subject to this Act, the Commission may regulate the calling of, and the conduct of business at, its meetings as it considers appropriate.(2) The Commission may permit members to participate in a particular meeting or all meetings by telephone or any other means of communication.(3) A member who participates in a meeting under a permission granted under subclause (2) is taken to be present at the meeting.(4) Without limiting subclause (1) , the Commission may allow a person to attend a meeting for the purpose of advising or informing it on any matter.
5. MinutesThe Commission is to keep minutes of its proceedings.
6. Disclosure of interests(1) If –the member must, as soon as practicable after the relevant facts come to the member's knowledge, disclose the nature of the interest to a meeting of the Commission.(a) a member of the Commission has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Commission; and(b) the interest could conflict with the proper performance of the member's duties in relation to consideration of the matter –(2) A disclosure under subclause (1) is to be recorded in the minutes of the meeting and, unless the Commission otherwise determines, the member is not to –(a) be present during any deliberation of the Commission in relation to the matter; or(b) take part in any decision of the Commission in relation to the matter.(3) For the purpose of making a determination under subclause (2) in relation to a member who has made a disclosure under subclause (1) , a member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates is not to –(a) be present during any deliberations of the Commission for the purpose of making the determination; or(b) take part in the making by the Commission of the determination.
SCHEDULE 4 - Acts repealed
Sections 3 and 175
Short title of Act | Number and year of Act | Gaming Act 1983 | No. 81 of 1983 | Northern Casino Act 1978 | No. 81 of 1978 | Wrest Point Casino Licence and Development Act 1968 | No. 78 of 1968 | Wrest Point Casino (Further Agreement) Act 1976 | No. 69 of 1976 | Wrest Point Casino Licence and Development Amendment Act 1982 | No. 28 of 1982 |
SCHEDULE 5 - Further transitional and savings provisions
PART 1[Part 1 of Schedule 5 Amended by No. 45 of 2001, s. 94, Applied:01 Jul 2001] [Schedule 5 Inserted by No. 102 of 1999, s. 40, Applied:22 Dec 1999] [Part 1 of Schedule 5 Amended by No. 45 of 2001, s. 94, Applied:01 Jul 2001] [Part 1 of Schedule 5 Amended by No. 66 of 2002, s. 23, Applied:19 Dec 2002] [Part 1 of Schedule 5 Amended by No. 45 of 2001, s. 94, Applied:01 Jul 2001] [Part 1 of Schedule 5 Amended by No. 75 of 2009, s. 42, Applied:07 Dec 2009] [Part 1 of Schedule 5 Amended by No. 45 of 2001, s. 94, Applied:01 Jul 2001] [Part 1 of Schedule 5 Amended by No. 75 of 2009, s. 42, Applied:07 Dec 2009] [Part 1 of Schedule 5 Amended by No. 45 of 2001, s. 94, Applied:01 Jul 2001] [Part 1 of Schedule 5 Amended by No. 66 of 2002, s. 23, Applied:19 Dec 2002] [Part 1 of Schedule 5 Amended by No. 75 of 2009, s. 42, Applied:07 Dec 2009] [Part 1 of Schedule 5 Repealed by No. 14 of 2010, s. 15, Applied:28 Sep 2010] . . . . . . . .
PART 2[Part 2 of Schedule 5 Inserted by No. 45 of 2001, s. 94, Applied:01 Jul 2001] [Part 2 of Schedule 5 Repealed by No. 75 of 2009, s. 42, Applied:07 Dec 2009] . . . . . . . .
PART 3 - Transitional provision consequent on Gaming Control Amendment Act 2009[Part 3 of Schedule 5 Inserted by No. 9 of 2009, s. 57, Applied:01 Jul 2009] [Part 3 of Schedule 5 Substituted by No. 57 of 2016, s. 5, Applied:06 Dec 2016]
10. Betting exchange operator taken to have agent endorsement for existing arrangements(1) On the transition day, a Tasmanian gaming licence with a betting exchange endorsement is, without further authority than this subclause, taken to have been endorsed with an agent endorsement authorising the licensed provider to –(a) maintain and continue to participate in, under and subject to this Act, any existing arrangements of the licensed provider; and(b) continue to do all things necessary or convenient to execute any such arrangements, including the use of approved outlets.(2) In this clause –existing arrangements means arrangements of the kind referred to in section 76VC(1) in place immediately before the transition day;transition day means the day on which the Gaming Control Amendment Act 2009 commences.
PART 4 - Transitional provisions consequent on Gaming Control Amendment (Community Interest) Act 2016[Part 4 of Schedule 5 Inserted by No. 57 of 2016, s. 5, Applied:06 Dec 2016]
1. InterpretationIn this Part –operate has the same meaning as in section 35A .
2. Application of PartThis Part applies to –if the application or request is made in respect of licensed premises where gaming machines have not operated in the 6-month period immediately before the application or request.(a) an application under section 36(1) for a licensed premises gaming licence that authorises the possession of gaming machines at licensed premises; and(b) a request under section 44(2)(a) to amend a licensed premises gaming licence to authorise the possession of gaming machines at the licensed premises to which the licence relates –
3. Unprocessed licence applications and licence amendment requestsIf –the Commission must suspend consideration of that application or request until the day on which Division 3 of Part 5 of this Schedule commences.(a) an application under section 36(1) for a licensed premises gaming licence or a request under section 44(2)(a) to amend a licensed premises gaming licence is made to the Commission; and(b) that application or request is not determined by the Commission immediately before the day on which this clause commences –
4. Suspension of certain licence applications and licence amendment requestsNotwithstanding any other provision of this Act, a person cannot make –until the day on which Division 3 of Part 5 of this Schedule commences.(a) an application under section 36(1) for a licensed premises gaming licence; or(b) a request under section 44(2)(a) to amend a licensed premises gaming licence –
PART 5 - Further transitional provisions consequent on Gaming Control Amendment (Community Interest) Act 2016[Part 5 of Schedule 5 Inserted by No. 57 of 2016, s. 5, Applied:06 Dec 2016]
Division 1 - Preliminary[Division 1 of Part 5 of Schedule 5 Inserted by No. 57 of 2016, s. 5, Applied:06 Dec 2016]
1. InterpretationIn this Part –community interest matters has the same meaning as in section 35A ;operate has the same meaning as in section 35A .
2. Application of Part(1) This Part applies to the holder of a licensed premises gaming licence, in respect of that licence, if –(a) the licence authorises the possession of gaming machines at the licensed premises to which the licence relates; and(b) between 16 March 2016 and the day on which this clause commences (both days exclusive) –(i) an application was made under section 36(1) for that licence; or(ii) a request was made under section 44(2)(a) to amend that licence to authorise the possession of gaming machines at the licensed premises to which the licence relates.(2) However, this Part does not apply to the holder of a licensed premises gaming licence if the application referred to in subclause (1)(b)(i) or the request referred to in subclause (1)(b)(ii) was made in respect of licensed premises at which gaming machines operated –(a) before 17 March 2016; and(b) in the 6-month period immediately before the application or request.
Division 2 - Stay of operation of certain gaming machines[Division 2 of Part 5 of Schedule 5 Inserted by No. 57 of 2016, s. 5, Applied:06 Dec 2016]
3. Stay of operation of certain gaming machines(1) Notwithstanding any other provision of this Act, if the holder of a licensed premises gaming licence possesses gaming machines at licensed premises under the authority of a licence referred to in clause 2(1) , the licence holder must not operate, or permit the operation of, those gaming machines unless the Commission has made a determination under clause 5(1) that the authorisation to possess gaming machines under that licence is in the community interest.Penalty: A fine not exceeding 600 penalty units(2) The holder of a licensed premises gaming licence who is prohibited under this clause from operating, or permitting the operation of, gaming machines at licensed premises is not entitled to compensation or a refund in respect of any matter arising from the prohibition.
Division 3 - Community interest submission[Division 3 of Part 5 of Schedule 5 Inserted by No. 57 of 2016, s. 13, Applied:01 Sep 2017]
4. Community interest submission(1) The holder of a licensed premises gaming licence must, within 90 days after the day on which this clause commences, make a community interest submission to the Commission –(a) in respect of a licence referred to in clause 2(1) ; and(b) in accordance with section 36(2B) .(2) The Commission may extend the period referred to in subclause (1) if satisfied that special circumstances exist that justify the extension.(3) Within 14 days of making a community interest submission under subclause (1) , the holder of a licensed premises gaming licence must cause to be published, in a newspaper circulating in the area in which the licensed premises are situated, a notice containing the information required by the Commission and a statement that any person may object to the licence by giving notice in writing to the Commission, within 14 days of the date of publication of the notice, stating the grounds for the objection.(4) A person may, within 14 days of the date of publication of a notice under subclause (3) , request in writing that the Commission make available –(a) information as provided in the notice; and(b) the community interest submission made in respect of the licence specified in that notice.(5) The Commission is to comply with a request under subclause (4) .(6) A person may, within 14 days of the date of publication of a notice under subclause (3) , object to the licence specified in that notice on the grounds that authorisation to possess gaming machines under that licence is not in the community interest, having regard to community interest matters.(7) An objection under subclause (6) is to –(a) be in writing; and(b) set out the reasons for the objection.
Division 4 - Determination of Commission[Division 4 of Part 5 of Schedule 5 Inserted by No. 57 of 2016, s. 13, Applied:01 Sep 2017]
5. Determination of Commission(1) If the Commission receives a community interest submission made in relation to a licensed premises gaming licence under clause 4(1) , the Commission must determine whether or not, after taking into account community interest matters, the authorisation to possess gaming machines under that licence is in the community interest.(2) The Commission must not make a determination under subclause (1) without first considering –(a) the community interest submission made under clause 4(1) in relation to that licensed premises gaming licence; and(b) every objection made under clause 4(6) in relation to that licensed premises gaming licence.(3) The Commission must, as soon as practicable, notify the licence holder of a determination made in respect of his or her licensed premises gaming licence under subclause (1) .(4) If the Commission determines under subclause (1) that the authorisation to possess gaming machines under a licensed premises gaming licence is not in the community interest, the Commission must, by written notice given to the licence holder –(a) amend the licence to remove the authorisation to possess gaming machines at the licensed premises to which the licence relates; and(b) give reasons to the licence holder for its determination.(5) If the holder of a licensed premises gaming licence does not make a community interest submission in accordance with this Part, the Commission must, by written notice given to the licence holder, amend the licence referred to in clause 2(1) to remove the authorisation to possess gaming machines at the licensed premises to which the licence relates.(6) The amendment of a licence under this clause takes effect on the day on which the licence holder receives notice of the amendment or on a later day specified in the notice.(7) The holder of a licensed premises gaming licence is not entitled to compensation or a refund in respect of any matter arising from the amendment of the licence holder's licence in accordance with this clause.
Division 5 - Miscellaneous[Division 5 of Part 5 of Schedule 5 Inserted by No. 57 of 2016, s. 13, Applied:01 Sep 2017]
6. Surrender of licence prior to determination of Commission(1) In this clause –transitional licensed premises means licensed premises in respect of which the holder of a licensed premises gaming licence has surrendered his or her licence before the Commission has made a determination under clause 5(1) in relation to that licence.(2) If an application under section 36(1) for a licensed premises gaming licence is made in respect of transitional licensed premises, the premises are taken for the purposes of section 36(2A) to have not had gaming machines operating at the premises at any time in the 6-month period immediately before the application is made.
PART 6 - Transitional provisions consequent on Gaming Control Amendment (Wagering) Act 2019[Part 6 of Schedule 5 Inserted by No. 45 of 2019, s. 25, Applied:01 Jan 2020]
1. InterpretationIn this Part –former Act means the Gaming Control Act 1993 , as in force immediately before the commencement of Part 3 of the Gaming Control Amendment (Wagering) Act 2019 ;second totalizator endorsement has the same meaning as in Division 5A of Part 4A ;transitional period means the period from 1 January 2020 to 30 June 2020 (both days inclusive).
2. Point of consumption tax during transitional periodFor the purposes of the application of Division 1A of Part 9 during the transitional period, a reference in that Division to –(a) a financial year is taken to be a reference to the transitional period; and(b) a period starting on 1 July in a financial year is taken to be a reference to 1 January 2020; and(c) an amount of $150 000 is taken to be a reference to $75 000.
3. Entitlement to refund of totalizator wagering levy(1) This section applies to the holder of a Tasmanian gaming licence endorsed with the second totalizator endorsement.(2) The holder of the Tasmanian gaming licence is entitled to a refund of 50% of the wagering levy paid by that licence holder under section 150AD of the former Act for the financial year commencing on 1 July 2019.(3) The Treasurer is to pay a refund under subsection (2) to the holder of the Tasmanian gaming licence within 7 days after the holder of the Tasmanian gaming licence has paid the annual levy under section 150AC for the transitional period.
4. Payment of annual levy for transitional periodFor the purposes of the application of section 150AC during the transitional period –(a) a reference in that section to a financial year is taken to be a reference to the transitional period; and(b) a requirement that the annual levy be paid on the first day of a financial year is taken to be a requirement that the annual levy be paid within 7 days after 1 January 2020; and(c) a reference in that section to an amount of 925 000 fee units is taken to be a reference to 462 500 fee units.
PART 7 - Transitional provisions consequent on Gaming Control Amendment (Future Gaming Market) Act 2021[Part 7 of Schedule 5 Amended by No. 17 of 1996, Applied:16 Dec 2021] [Part 7 of Schedule 5 Inserted by No. 31 of 2021, s. 31, Applied:16 Dec 2021]
1. InterpretationIn this Part –changeover day means 1 July 2023;lead-up period means the 12-month period immediately before the changeover day;new legislative scheme means the provisions of the Gaming Control Act 1993 as in force on and after the changeover day;old legislative scheme means the provisions of the Gaming Control Act 1993 as in force before the changeover day;venue licence means a licence of that name issued under the new legislative scheme.
2. Approvals in relation to gaming equipment during lead-up period(1) This clause applies to the holder of a licensed premises gaming licence if that licence holder –(a) has applied for a venue licence in anticipation of the new legislative scheme and that application has been granted by the Commission; or(b) has written approval from the Commission to purchase or obtain approved gaming equipment from a person listed on the Roll.(2) The holder of a licensed premises gaming licence to which this clause applies may, during the lead-up period –(a) purchase or obtain approved gaming equipment from a person listed on the Roll in accordance with the relevant venue licence or approval; and(b) possess gaming equipment purchased or obtained in accordance with paragraph (a); and(c) do all things necessarily incidental to carrying on the activities referred to in paragraphs (a) and (b).(3) A person listed on the Roll may, with the written approval of the Commission, sell or supply approved gaming equipment to the holder of a licensed premises gaming licence to whom this clause applies during the lead-up period.(4) A manufacturer or supplier may, with the written approval of the Commission, sell or supply unrestricted gaming equipment to the holder of a licensed premises gaming licence to whom this clause applies during the lead-up period.(5) An approval under this clause may be subject to such conditions as the Commission considers appropriate.(6) The Commission may at any time amend or revoke an approval under this clause.(7) The amendment or revocation of an approval under this clause takes effect when notice of it is given in writing to the person concerned or on a later date specified in the notice.(8) If a person is authorised to carry out an activity under this clause, the carrying out of that activity by that person does not constitute an offence under this Act.
3. Authorisation in relation to electronic monitoring system during lead-up period(1) The Commission, in writing, may authorise a person to do such of the following activities during the lead-up period as are specified in the authorisation:(a) to supply and install an electronic monitoring system and other gaming equipment at hotels and licensed clubs;(b) to possess gaming machines and other gaming equipment;(c) to service, repair or maintain gaming equipment through the services of licensed technicians;(d) to enter into contracts with licensed premises gaming operators for the purposes of paragraphs (a), (b) and (c);(e) to do all things necessarily incidental to carrying on the activities specified in the authorisation.(2) An authorisation under subclause (1) may be subject to such conditions as the Commission considers appropriate.(3) If a person enters into a contract with a licensed premises gaming operator under an authorisation under subclause (1)(d), that contract is, for the purposes of section 77V, taken to be a relevant contract.(4) The Commission may at any time revoke or amend an authorisation.(5) If a person carries out an activity in accordance with an authorisation under this clause, the carrying out of that activity by that person does not constitute an offence under this Act.
4. Continuation of licensed premises gaming licence during lead-up period(1) This clause applies in respect of a licensed premises gaming licence if –(a) the licensed premises gaming licence is due to expire during the lead-up period; and(b) the holder of that licence has made an application to the Commission for a venue licence in anticipation of the new legislative scheme.(2) A licensed premises gaming licence to which this clause applies continues to be valid according to its terms until the first of the following occurs:(a) the changeover day;(b) the licence is cancelled or surrendered.
5. Application for venue licence by holder of licensed premises gaming licence(1) This clause applies to an application for a venue licence that is made by a licensed premises gaming operator before, and in anticipation of, the new legislative scheme.(2) The following sections of the new legislative scheme do not apply to an application to which this clause applies:(a) section 36 (5), (5A), (5B), (6), (6A) and (6B);(b) section 37;(c) section 38(1)(b) and (c);(d) section 38(2)(f) and (g).(3) If the Commission grants a venue licence for licensed premises as a consequence of an application to which this clause applies, the number of gaming machine authorities endorsed on the venue licence is to be –(a) the same as the number of gaming machines that the licensed premises gaming operator was authorised to operate at the premises under the old legislative scheme immediately before the grant of the venue licence; or(b) subject to subclause (4), such lesser number of gaming machine authorities as is specified in the application.(4) If an application under this clause is made by a licence holder in relation to licensed premises that are held under a lease, the licence holder may only apply for a lesser number of gaming machine authorities under clause (3)(b) if the lease does not contemplate a reduction in gaming machines and either –(a) the owner of the licensed premises agrees; or(b) the Commission, on application by the licensed premises gaming operator, determines that it is fair and equitable to reduce the number of gaming machine authorities.
6. Additional matter that may be considered in determining licensed premises gaming licence applicationThe Commission may refuse, under section 42, to grant a licensed premises gaming licence that authorises the possession of gaming machines at licensed premises if, in the opinion of the Commission, the granting of such a licence would result in the number of gaming machine authorities endorsed on venue licences in the State (in total) exceeding 2 350 on the changeover day.
7. Regulations(1) The Governor may make regulations of a savings and transitional nature consequent on the enactment of the Gaming Control Amendment (Future Gaming Market) Act 2021 to effect, and facilitate, the transition from the old legislative scheme to the new legislative scheme.(2) Without limiting the generality of subclause (1), regulations made under that subclause may –(a) provide for the preservation, continuation, extension, variation or revocation of any one or more of the following matters under the old legislative scheme:(i) decisions, determinations, approvals or other such authorisations;(ii) actions undertaken or exempted;(iii) licences, exemptions or other such authorisations;(iv) notices or other instruments or documents;(v) any other matter under the old legislative scheme; and(b) provide for the preservation, continuation, variation or revocation of decisions or actions taken under the 2003 Deed; and(c) deal with any incidental or ancillary matters.(3) Regulations made under subclause (1) may –(a) specify that they take effect on –(i) the day on which any provision of the Gaming Control Amendment (Future Gaming Market) Act 2021 commences; or(ii) a day after the day on which any provision of the Gaming Control Amendment (Future Gaming Market) Act 2021 commences, whether the day so specified is before, on or after the day on which the regulations are made; and(b) be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations; and(c) authorise any matter to be from time to time determined, applied or regulated by any person or body specified in the regulations.
PART 8 - Further transitional provisions consequent on Gaming Control Amendment (Future Gaming Market) Act 2021[Part 8 of Schedule 5 Inserted by No. 31 of 2021, s. 179, Applied:01 Jul 2023]
1. Interpretation of PartIn this Part –changeover day means 1 July 2023;former Act means this Act as in force immediately before the changeover day.
2. Pending applications for licensed premises gaming licence(1) An application for a licensed premises gaming licence made under section 36 of the former Act that has not been determined before the changeover day is taken to be an application for a venue licence made under this Act and is to be dealt with by the Commission in accordance with this Act.(2) If subclause (1) applies, a provisional licensed premises gaming licence issued under the former Act that is in force on the changeover day is taken –(a) on and from the changeover day to be a provisional venue licence issued under this Act; and(b) to be subject to the conditions specified in the licence immediately before the changeover date.
3. Issue of venue licence to holder of licensed premises gaming licence issued during the lead-up period(1) In this clause –transitional licensed premises gaming licence means a licensed premises gaming licence –(a) granted as a consequence of an application for that licence made during the lead-up period; and(b) that is in force immediately before the changeover day.(2) On the changeover day, the Commission must grant to the holder of a transitional licensed premises gaming licence a venue licence in respect of the same licensed premises for which the transitional licensed premises gaming licence was granted.(3) If the Commission grants a venue licence under subclause (2), the number of gaming machine authorities endorsed on the venue licence is to be the same as the number of gaming machines that the holder of the transitional licensed premises gaming licence was authorised to operate at the premises under that licence immediately before the changeover day.
4. Transitional monitoring operator’s licence(1) In this clause –gaming operator’s licence means a gaming operator’s licence in force under the former Act immediately before the changeover day.(2) On the changeover day, the Commission may grant to the holder of a gaming operator’s licence, or to a corporation related to the holder of that licence, a transitional monitoring operator’s licence for a period not exceeding 12 months.(3) A transitional monitoring operator’s licence authorises the licence holder, subject to this Act and to any conditions to which the licence is subject, to perform the functions of a monitoring operator.(4) Unless sooner cancelled or surrendered, a transitional monitoring operator’s licence granted under subclause (2) expires on the earlier of the following events:(a) the end of the term for which the licence was granted;(b) 30 June 2024.(5) This Act applies in respect of a transitional monitoring operator’s licence in the same way as it applies in respect of a monitoring operator’s licence (to the extent that is consistent with this clause).
5. StandardsAny standards of the Commission set under sections 76ZZG and 76ZZI of this Act that were in force immediately before the changeover day are taken, on and after that day, to be standards set by the Commission under section 112PA.
6. Directions, exemptions and approvals for casino operator(1) This clause applies in respect of a person if –(a) the person, or a corporation related to the person, held a casino licence under the former Act (the old casino licence) immediately before the changeover day; and(b) the person holds a general casino licence in respect of the same premises for which the old casino licence was granted.(2) A direction, exemption or approval given or issued by the Commission to a person under a provision of the former Act, in respect of the old casino licence, is taken on and from the changeover day to be a direction or approval given or issued under the equivalent provision of this Act to that person in respect of any general casino licence held by that person on the same terms and conditions.
7. Directions, exemptions and approvals in respect of keno(1) In this clause –keno authorisation means a direction, exemption or approval relating to the conduct of keno, issued or given to the holder of a gaming operator’s licence under the former Act.(2) This clause applies in respect of a person if –(a) the person, or a corporation related to the person, held a gaming operator’s licence under the former Act immediately before the changeover day; and(b) the person holds a keno operator’s licence on the changeover day under this Act.(3) A keno authorisation, given or issued by the Commission under a provision of the former Act to a person, or to a corporation related to the person, is taken on and from the changeover day to be a direction or approval given or issued under the equivalent provision of this Act to that person as the holder of a keno operator’s licence on the same terms and conditions.
8. Interpretation of continuing document(1) In this clause –continuing document means an approval given by the Commission under section 80, 81 or 84 if the approval is continuing or has effect on or after the changeover day.(2) For the purpose of giving effect to a continuing document –(a) a reference in the continuing document to a licensed premises gaming licence is taken to be a reference to a venue licence; and(b) a reference in the continuing document to the holder of a licensed premises gaming licence is taken to be a reference to the holder of a venue licence; and(c) a reference in the continuing document to a licensed premises gaming operator is taken to be a reference to a venue operator; and(d) a reference in the continuing document to licensed operators is taken to be a reference to casino operators and venue operators.
9. Limit on common ownership of authorities(1) In this clause –associated venue operators has the same meaning as in section 101D.(2) If, on the changeover day, the combined number of gaming machine authorities endorsed on venue licences held by a venue operator, or by associated venue operators, exceeds 587, that venue operator or the associated venue operators must, within 14 days after the changeover day, apply under section 48C to decrease the number of gaming machine authorities so that the combined number of gaming machine authorities endorsed on those licences no longer exceeds 587.Penalty: Fine not exceeding 1 000 penalty units.
10. Jackpot increments(1) In this clause –jackpot increment, for a hotel or club gaming machine, means the amount by which a gaming jackpot prize on that gaming machine increases from its approved initial value by the contributions from turnover.(2) If the holder of a general casino licence held a casino licence under the former Act immediately before the changeover day, any jackpot special prize pool held by that licence holder under the former Act immediately before the changeover day is taken to be included for the purposes of section 150AI in the gross profits derived by that licence holder from gaming machine games during the month immediately following the changeover day.(3) If, immediately before the changeover day, there is a jackpot increment accumulated on a gaming machine operated in a hotel or club, the holder of the gaming operator’s licence under the former Act must, within 14 days after the changeover day, pay that jackpot increment to the holder of the venue licence for that hotel or club.(4) In the event of a dispute over the payment of a jackpot increment to the holder of a venue licence under subclause (3), the holder of the gaming operator’s licence under the former Act or the holder of the venue licence may apply in writing to the Commission for a resolution of the dispute.(5) If an application is made to the Commission under subclause (4), the Commission may carry out investigations that the Commission considers necessary to resolve the matters in dispute.(6) The decision of the Commission on reviewing the dispute is binding on both the holder of the gaming operator’s licence under the former Act and the relevant venue operator.(7) A jackpot increment paid to the holder of a venue licence under subclause (3) is taken to be included for the purposes of section 150AK in the gross profits derived by that licence holder from gaming machine games during the month immediately following the changeover day.(8) The holder of a gaming operator’s licence under the former Act may, for the purposes of section 150 of the former Act, deduct from its monthly gross profits for the month of June 2023 any payment made under subclause (3).
11. Community support levy(1) In this clause –total community support levy has the same meaning as in section 151 of the former Act.(2) Any total community support levy collected under section 151 of the former Act that has not, immediately before the changeover day, been distributed in accordance with that section of the former Act is payable on the changeover day into the Community Support Fund.