Gambling Regulation Act 2003

Part 2Gambling

Gambling Regulation Act 2003No. 114 of 2003

Version No. 065

Gambling Regulation Act 2003

No. 114 of 2003

Version incorporating amendments as at19 November 2015

table of provisions

SectionPage

i

xlvi

Chapter 1Preliminary1

1.1Purpose, objectives and outline1

1.2Commencement3

1.3Definitions4

1.3AAMeaning of gambling42

1.3AWhat is intoxication?45

1.3BMeaning of electronic monitoring system45

1.4Who is an associate?46

1.5Money invested48

1.6Act binds the Crown48

Chapter 2General prohibitions and authorisations49

Part 1Introduction49

2.1.1Purposes49

2.1.2Definitions49

Part 2Gambling53

Division 1Unauthorised gambling53

2.2.1Prohibition against unauthorised gambling53

2.2.2Recovery of money lost in unauthorised gambling54

Division 2Authorised gambling54

2.2.3Authorisation for games at amusement centres, fetes, carnivalsetc.54

2.2.4Authorisation for two-up on ANZAC Day55

2.2.5Authorisation for betting games on approved foot or bicycle races56

2.2.6Approved Calcutta Sweepstakes permitted56

2.2.7Suspension or revocation of approval to conduct Calcutta Sweepstakes57

Division 3Advertising of unauthorised gambling58

2.2.8Prohibition against advertising unauthorised gambling58

Part 4Gaming or wagering agreements60

2.4.1Unauthorised gaming or wagering contracts are void60

Part 5Places provided for unauthorised gambling61

Division 5ARegulation of publication and use of race fields62

2.5.20Prohibition against providing place for unauthorised gambling63

2.5.21Warrant to enter place provided for unauthorised gambling and search and seize on premises63

2.5.22Offence to obstruct the entry of authorised police officers65

2.5.23Obstructing entry to be evidence of place being provided for unauthorised gambling65

2.5.25Power of owner to evict occupier of place provided for unauthorised gambling66

2.5.26Cancellation of notice to quit67

2.5.27Declaration of place provided for unauthorised gambling68

2.5.28Application for rescission by owner etc.69

2.5.29Application for rescission by police70

2.5.30Notice in the Government Gazette70

2.5.31Other notices of declaration70

2.5.32Persons found etc. in declared place72

2.5.33Convicted persons found in declared place73

2.5.35Liability of owner73

2.5.36Liability of occupier73

2.5.37Additional penalty for continuing offences74

2.5.38Entry by police74

2.5.40Procedure where place is entered under a warrantetc.75

2.5.41Persons required to be examined as witnesses making a full discovery to receive a certificate78

2.5.42Indemnity of witnesses78

2.5.43Persons found in place provided for unauthorised gambling79

Part 5ABanning irresponsible gambling products and practices81

Division 1Introduction81

2.5A.1Definitions81

Division 2Interim ban orders81

2.5A.2Minister may make interim ban order81

2.5A.3Duration of interim ban order82

2.5A.4Minister to direct Commission to investigate82

Division 3Fixed term ban orders83

2.5A.5Investigation by Commission83

2.5A.6Notice of investigation83

2.5A.7Submissions84

2.5A.8Report on investigation84

2.5A.9Fixed term ban order85

2.5A.10Duration of fixed term ban order86

2.5A.11Revocation of fixed term ban order86

2.5A.12Disallowance of fixed term ban order86

Division 4Effect of ban orders87

2.5A.13Offence to breach ban order87

Division 5General87

2.5A.14No compensation87

Part 6General88

2.6.3Money stolen and paid away in bets is recoverable88

2.6.5Evidence as to offences88

2.6.7Vicarious liability90

2.6.9Entry of police to public places91

Chapter 3Gaming machines92

Part 1Introduction92

3.1.1Purpose92

3.1.2Definitions93

3.1.3Machines may be declared to be gaming machines97

3.1.4Conduct of gaming and playing gaming machines97

3.1.4AConduct of monitoring98

3.1.5Application of Chapter to casino operator98

3.1.6Application of Chapter to tabaret premises100

3.1.6AApplication of Chapter to tabaret premises100

Part 2General authorisation for gaming on gaming machines101

Division 1Legality of gaming machine gaming101

3.2.1Gaming in approved venue declared lawful101

3.2.2Possession of gaming equipment or monitoring equipment may be authorised101

Division 2Ministerial directions, regional limits and municipal limits103

3.2.3Ministerial directions as to requirements for gaming machines103

3.2.4Regions for gaming machines104

3.2.5No compensation payable105

Part 2AOwnership and related person restrictions106

Division 1Interpretation106

3.2A.1Definitions106

Division 2Ownership and related person licensee restrictions107

3.2A.2Restrictions for venue operators and related persons107

3.2A.3Monitoring restrictions for persons listed on the Roll and related persons107

3.2A.4Other restrictions for persons listed on the Roll and related persons108

3.2A.5Restrictions for the monitoring licensee and related persons108

3.2A.6Restrictions for a casino operator109

Division 3Gaming machine entitlement prohibited interests110

3.2A.7Prohibited interests in gaming machine entitlements110

Part 3Approval of premises for gaming112

Division 1Introduction112

3.3.1Outline of Part112

Division 2Premises approvals112

3.3.2Which premises may be approved as suitable for gaming?112

3.3.3Which premises may be approved for 24hour gaming?113

3.3.4Application for approval of premises113

3.3.5Proposed application must be given to relevant responsible authority before application is made115

3.3.5AACommission to notify relevant responsible authority of receipt of application115

3.3.5ABAmendment of application for premises approval115

3.3.5ANo change permitted to number of gaming machines sought in application after certain period116

3.3.5BRelevant responsible authority must notify Commission of intention to make submission116

3.3.6Responsible authority may make submission116

3.3.7Matters to be considered in determining applications118

3.3.8Determination of application118

3.3.9Conditions of approval120

3.3.10Duration of approval122

3.3.11Variation of approval122

3.3.12Revocation of approval122

3.3.13Automatic revocation of approval123

3.3.14Tribunal review of approval123

3.3.15Surrender of approval124

3.3.15AOne venue operator for an approved venue124

Division 3Modification of gaming machine areas124

3.3.16Modification of gaming machine areas124

3.3.17Appeal125

Part 4Licensing of operators and monitors and listing of manufacturers, suppliers and testers126

Division 1Authority conferred by licences and listing126

3.4.1Authority conferred by venue operator's licence126

3.4.1AVenue operator's licence is not a gaming operator's licence or gaming licence128

3.4.1BVenue operator must comply with standards and operational requirements128

3.4.2Authority conferred by gaming operator's licence129

3.4.3Application of Partgaming operator's licences130

3.4.4Authority conferred by monitoring licence131

3.4.4AMonitoring licence is not a gaming operator's licence or gaming licence134

3.4.4BMonitoring licensee must comply with standards and operational requirements135

3.4.5Authority conferred by listing on the Roll136

3.4.6Offence to breach licence conditions139

3.4.7Offence to breach condition of listing on Roll139

Division 2Venue operator's licence139

3.4.8Application for venue operator's licence139

3.4.9Gaming operator may be granted a hotel venue operator's licence142

3.4.10Objections142

3.4.11Matters to be considered in determining applications143

3.4.12Determination of applications and duration of licence145

3.4.12ASelf-exclusion program is a condition of licence146

3.4.12BResponsible Gambling Code of Conduct is a condition of licence146

3.4.12CAmendment of self-exclusion program or Responsible Gambling Code of Conduct147

3.4.13Register of venue operators and approved venues147

3.4.13AVenue operator to give Commission certain information about where gaming will be conducted under gaming machine entitlements148

3.4.14Nominee of licensee149

3.4.15Venue operator's licence is non-transferable151

3.4.16Renewal of venue operator's licence151

3.4.17Amendment of conditions152

3.4.18Proposal of amendment by venue operator154

3.4.18ACommission to notify municipal council of receipt of proposal155

3.4.18BAmendment of proposal to increase number of gaming machines permitted in an approved venue155

3.4.18CMunicipal council must notify Commission of intention to make submission156

3.4.19Submissions on proposed amendments156

3.4.20Consideration and making of amendment157

3.4.21Tribunal review of amendment increasing number of gaming machines160

3.4.22Removal of approved venue if liquor licence is cancelled etc.161

3.4.23Notification of certain changes161

3.4.24Endorsement of licence and Register16