2004

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Treasurer)

2004

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Treasurer)

An Act in relation to gaming machines, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Gaming Machine Act 2004.

This Act commences on a day fixed by the Minister by written notice.

Note 1 The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75).

Note 2 A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

Note 3 If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘associated entity—see the Electoral Act 1992, section 198.’ means that the term ‘associated entity’ is defined in that section and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

In this part:

initial licence application—see section 9.

licence amendment application–see section 9.

(1) In this Act:

influential person, for a corporation—

(a) means any of the following:

(i) an executive officer of the corporation;

(ii) a related corporation;

(iii) an executive officer of a related corporation;

(iv) an influential owner; and

(b) includes a person who, though not mentioned in paragraph (a), can exercise as much influence over the actions of the corporation as someone mentioned in that paragraph.

Note Corporation includes a club (see dict).

(2) In this section:

influential owner, of a corporation, means a person who, whether directly or through intermediary corporate ownership or nominees—

(a) can control 5% of the votes at an annual general meeting of the corporation; or

(b) can control the appointment of a director of the corporation.

related corporation means a related body corporate under the Corporations Act.

(1) A licence authorises the licensee—

(a) to acquire and dispose of gaming machines; and

(b) to install gaming machines on the licensed premises under the licence; and

(c) to operate the gaming machines stated in the licence on the licensed premises.

Note This Act, and the licence, may limit or place conditions on the authority under this section.

(2) However, a licence does not authorise the licensee to operate gaming machines on more than 1 licensed premises under the licence.

(3) The regulations may prescribe times when licensees must not operate a gaming machine.

(4) A licence may authorise the use of only class B and class C gaming machines.

A person may apply to the commission for a licence (an initial licence application) or amendment of a licence (a licence amendment application).

Note 1 If a form is approved under the Control Act, s 53D for an application, the form must be used.

Note 2 A fee may be determined under s 176 for this provision.

(1) This section applies to the following applications made in accordance with this Act:

(a) initial licence applications;

(b) licence amendment applications if the application is to increase the number of gaming machines authorised to be operated under the licence.

(2) However, this section does not apply to the application if—

(a) the applicant has been authorised to operate 1 or more gaming machines because of the application; or

(b) the application has been refused.

(3) Applications to which this section applies must be dealt with in the order in which they are received by the commission.

(4) However, if an application does not contain sufficient information to allow the commission to decide the application, subsection (3) applies to the application as if it were received by the commission when sufficient information is given to the commission to allow the commission to decide it.

(1) An initial licence application must—

(a) be in writing signed by the applicant; and

(b) state the applicant’s name and address; and

(c) if the applicant is a corporation—state the name and address of each director of the corporation; and

(d) state the address, and block and section number, of the premises proposed to be licensed; and

(e) state the class, number, type, coin denomination and percentage payout of gaming machines for which the licence is sought; and

(f) for a corporation—name each influential person for the corporation and the person’s relationship with the corporation; and

(g) be accompanied by each of the required documents for the application.

(2) The following are required documents for every initial licence application:

(a) a social impact assessment for the application;

(b) a scale plan of the premises, or part of the premises, proposed to be licensed, showing where the gaming machines are to be installed (the proposed gaming area);

(c) a copy of the rules the applicant has adopted to control the operation of gaming machines on the premises proposed to be licensed;

1 how long a machine may be reserved for

2 prohibiting abuse of machines

3 payment of prizes by attendants

4 delay of payment if machine has malfunctioned or been interfered with

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(d) a copy of the control procedures the applicant has adopted to control the operation of gaming machines on the premises proposed to be licensed;

(e) any other documents required for the application under the regulations.

(3) The following are also required documents for an initial licence application by a club:

(a) a copy of the club’s constitution;

(b) an alphabetical list of names and addresses of all current members of the club, certified correct by the club secretary;

(c) a statement, signed by the club secretary, stating the grounds on which the club claims to be an eligible club;

(d) evidence that a majority of the voting members of the club who voted in a ballot conducted under the regulations voted for the club having gaming machines.

(4) The regulations may require—

(a) a required document, or any information in a required document, to be verified in a particular way; or

(b) an application to include particular information; or

(c) an application, or any information in an application, to be verified in a particular way.

(5) The commission need not consider an initial licence application if—

(a) the application does not include any information required under this section; or

(b) the application, or any information in the application, is not verified as required under this section; or

(c) the application is not accompanied by a document required under this section to accompany the application; or

(d) a document accompanying the application does not include any information required under this section; or

(e) a document accompanying the application, or any information in a document accompanying the application, is not verified as required under this section; or

(f) any form required to be used for the application, or any document accompanying the application is not used; or

(g) any requirement of a form required to be used for the application, or any document accompanying the application, is not complied with.

(1) This section applies to an initial licence application under section 11.

(2) The commission must issue a licence to the applicant if—

(a) the applicant is an eligible person;

Note Eligibility for individuals—see s 20. Eligibility for corporations—see s 21.

(b) for an application by a club—a majority of the voting members of the club who voted in a ballot conducted under the regulations voted for the club having gaming machines; and

(c) the commission is satisfied about each additional mandatory requirement under section 13 in relation to the application; and

(d) authorising the use of the number of gaming machines to be authorised by the licence would not contravene section 35 (Maximum number of gaming machines allowed).

(3) However, the commission may refuse to issue a licence to a club if a ground for refusing the licence exists under section 14.

(4) A licence may be conditional.

a condition that a gaming area be separated from other parts of the premises

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(5) In deciding the number and kind of gaming machines to be allowed under a licence, the commission must consider the following:

(a) the size and layout of the premises the application relates to;

(b) the size and layout of the proposed gaming area;

(c) for an application by a club—

(i) the number of club members worked out under the regulations; and

(ii) the ratio of club members to the number and kinds of gaming machines held by the licensee; and

(iii) the extent to which the club has contributed to, or is likely to contribute to, the community, supported and benefited the community;

(d) the social impact assessment for the application for the licence and any submission made on the assessment within the 6-week comment period under section 19;

(e) what the commission may allow under section 16.

(6) The commission may consider any other relevant matter.

(1) The following requirements are mandatory requirements under section 12 (2) (c) for an initial licence application:

(a) for a corporation (including a club)—the rules and control procedures of the corporation to control the operation of gaming machines are adequate to control that operation;

(b) the size and layout of the proposed gaming area are suitable for the installation of gaming machines;

(c) the applicant is likely to comply with this Act;

If the applicant previously held a licence, the commission may consider how well the applicant complied with its conditions in assessing whether the applicant is likely to comply with this Act.

(d) if an on licence applies to the premises to which the application relates—the premises are used by people mainly for drinking alcohol;

(e) taking into consideration the social impact assessment for the application and any submission made on the assessment within the 6-week comment period under section 19, the issue of the licence is appropriate.

the issue of a licence for the premises to which a general licence or on licence applies may not be appropriate if it would adversely affect the nature or character of the premises and the general use and enjoyment of the premises

(2) In deciding whether a proposed gaming area is suitable for the installation of gaming machines, the commission must consider the safety and comfort of, and harm minimisation strategies for, patrons.

The commission may refuse to issue a gaming machine licence to an applicant that is a club if satisfied that—

(a) payments for the rental or lease of the club’s premises are unreasonable or are related to the level of gaming machine performance; or

(b) someone, other than the lessor or leasing agent, will receive a payment or benefit during or at the end of a lease, agreement or arrangement entered into by the club for its premises; or

(c) the election of a member of the club’s management committee or board has been decided, controlled or influenced in a significant way, or to a significant degree, by—

(i) people who are not voting members of the club; or

(ii) only some voting members of the club; or

(d) the voting members of the club, taken as a group, do not have complete control over the election of all members of the club’s management committee or board; or

(e) each voting member of the club does not have an equal right to elect people, and to nominate or otherwise choose people for election, to the club’s management committee or board; or

(f) if the club does not own its premises—an executive officer or employee of the club is also the club’s lessor, or an associate of the club’s lessor; or

(g) an executive officer or employee of the club is a creditor, or an associate of a creditor, of the club; or

(h) the club’s management committee or board does not, for any reason, have complete control over the club’s business or operations, or a significant aspect of the club’s business or operations; or

(i) the club is being, or may be, used as a device for individual gain or commercial gain by someone other than the club.

(1) A licence must—

(a) state the number and kind of gaming machines that the licensee is allowed to operate; and

3 King of the Thames mk 2 gaming machines

(b) state the premises, and each part of the premises (the gaming areas), where the licensee is allowed to operate the gaming machines; and

(c) include a schedule that contains the serial number of each gaming machine authorised to be operated under the licence.

(2) The regulations may prescribe other requirements in relation to the form of a licence.

(1) This section applies if the commission must issue a licence under section 12 on an initial licence application.

(2) The commission may issue a licence that authorises the use of no more than 10 class B gaming machines, and no class C gaming machines, if—

(a) a general licence applies to the premises to which the application relates; and

(b) the premises have at least 12 rooms that are used for residential accommodation for lodgers or guests.

(3) The commission may issue a licence that authorises the use of no more than 2 class B gaming machines, and no class C gaming machines, if—

(a) a general licence applies to the premises to which the application relates; but

(b) the premises have fewer than 12 rooms (including no rooms) that are used for residential accommodation for lodgers or guests.

(4) The commission may issue a licence that authorises the use of 2 class B gaming machines, and no class C gaming machines, if an on licence applies to the premises to which the application relates.

(1) This section applies to an applicant for an initial licence if—

(a) the maximum number of gaming machines allowed on all licensed premises in the ACT has been reached; and

(b) the commission would otherwise have issued a licence to the applicant.

Note The maximum number of gaming machines on all licensed premises in the ACT is set under s 35.

(2) The commission must—

(a) tell the applicant that the maximum number of gaming machines allowed on all licensed premises in the ACT has been reached; and

(b) give the applicant a certificate (a certificate of suitability) stating that the commission would otherwise have issued a licence to the applicant for the number of gaming machines stated in the certificate.

(1) A social impact assessment for an initial licence application or licence amendment application is a written assessment of the likely economic and social impact of the operation of gaming machines under the proposed licence or the licence as proposed to be amended.

Note A social impact assessment is required for an initial licence application (see s 11 (2) (a)) and certain licence amendment applications (see s 22 (2)).

(2) The regulations may make provision in relation to social impact assessments, including, for example—

(a) the requirements that must be satisfied by a social impact assessment; and

(b) the matters to be assessed or addressed by a social impact assessment; and

(c) the information to be given in a social impact assessment.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(1) This section applies if an applicant for a licence or amendment of a licence is required to provide a social impact assessment.

(2) The applicant must publish an advertisement about the application in a newspaper published and circulating in the ACT.

Note If a form is approved under the Control Act, s 53D for an advertisement, the form must be used.

(3) The advertisement must state that—

(a) the social impact assessment for the application will be available for inspection by members of the public at the commission’s office during ordinary business hours for 6 weeks after a day stated in the advertisement (the 6-week comment period); and

(b) any written submissions about the social impact assessment may be made to the commission within the 6-week comment period.

(4) Before the beginning of the 6-week comment period, the applicant must give the commission—

(a) the social impact assessment for the application; and

(b) a copy of the advertisement for the application mentioned in subsection (2).

(5) The commission must make the social impact assessment available for inspection by members of the public at the commission’s office during ordinary business hours during the 6-week comment period.

(6) The commission must not decide the application until the 6-week comment period has ended.

(1) For this Act, an individual, other than an applicant for a licence, is an eligible person if there is not a disqualifying ground in relation to the individual.

(2) For this Act, an individual who is an applicant for a licence is an eligible person for the application if—

(a) the individual—

(i) is an adult; and

(ii) holds a general licence or on licence, and has held a licence of that particular kind for a continuous period of at least 1 year before the day the individual applies for a gaming machine licence; and

(b) there is not a disqualifying ground in relation to the individual.

(3) Each of the following is a disqualifying ground in relation to an individual:

(a) the individual has been convicted, or found guilty, within the previous 5 years, whether in the ACT or elsewhere, of an offence—

(i) involving fraud or dishonesty; or

(ii) punishable by imprisonment for at least 1 year; or

(iii) against a law about gaming; and

(b) the individual is an undischarged bankrupt or, at any time in the last 5 years—

(i) was an undischarged bankrupt; or

(ii) applied to take the benefit of a law for the relief of bankrupt or insolvent debtors; or

(iii) compounded with creditors or made an assignment of remuneration for their benefit; or

(c) at any time in the last 5 years the individual was involved in the management of a corporation when—

(i) the corporation became the subject of a winding-up order; or

(ii) a controller or administrator was appointed.

(4) Despite subsection (3), the commission may decide that the individual is an eligible person even though there is a disqualifying ground in relation to the individual.

(5) However, the commission must not make a decision under subsection (4) unless satisfied that—

(a) if the individual is an applicant for a licence—the operation of gaming machines by the individual would not adversely affect the public; and

(b) it is otherwise in the public interest that the individual be treated as an eligible person.

(1) A corporation is an eligible person if—

(a) each executive officer and influential person of the corporation is an eligible person; and

(b) for a club—it is an eligible club; or

(c) for a corporation that is not a club—the corporation holds a general licence or on licence, and has held a licence of that particular kind for a continuous period of at least 1 year before the day it applies for a gaming machine licence; and

(d) the corporation is not the subject of a winding-up order, and has not been the subject of a winding-up order in the last 3 years; and

(e) a controller or administrator has not been appointed for the corporation in the last 3 years.

(2) Despite subsection (1), the commission may decide that the corporation is an eligible person even though a provision of that subsection applies in relation to the corporation.

(3) However, the commission must not make a decision under subsection (2) in relation to the corporation unless satisfied that—

(a) the operation of gaming machines by the corporation would not adversely affect the public; and

(b) it is otherwise in the public interest that the corporation be treated as an eligible person.

(1) A licensee may apply in writing to amend the licence only—

(a) to increase or reduce the number of licensed gaming machines allowed under the licence; or

(b) to change the licensed premises, whether structurally, by changing a part of the premises where the licensee is allowed to operate gaming machines or by moving the gaming machines to different premises; or

(c) to change the percentage payout of a licensed gaming machine used under the licence; or

(d) to change the basic stake denomination of a licensed gaming machine used under the licence; or

(e) to change the kind of a licensed gaming machine used under the licence; or

(f) to change a detail mentioned in the schedule to the licence.

(2) The application must be accompanied by—

(a) if the application is for a change to licensed premises—a plan of the part of the premises where the machines are to be installed; or

(b) for an application mentioned in subsection (1) (a) for an increase in the number of machines or subsection (1) (b) to change the licensed premises by moving the gaming machines to different premises—a social impact assessment.

Note A fee may be determined under s 176 for this provision.

(1) A licence amendment application must—

(a) be in writing signed by the applicant; and

(b) set out the proposed amendment to the licence; and

(c) explain why the applicant is seeking the amendment.

(2) The regulations may require an application to include particular information or be accompanied by particular documents.

(3) The commission need not decide the licence amendment application if the application is not in accordance with this section.

(1) This section applies if a licensee has applied under section 22 for—

(a) an amendment of the licence mentioned in section 22 (1) (a) to increase the number of gaming machines allowed under the licence; or

(b) an amendment of the licence mentioned in section 22 (1) (b) to move the gaming machines to different premises.

(2) However, this section does not apply to an amendment mentioned in subsection (1) (b) if the commission is satisfied that—

(a) the gaming machines need to be moved from the licensed premises for a good reason; and

(b) if the amendment is approved—

(i) the gaming machines are to be moved to different premises temporarily; and

(ii) the gaming machines will not be operated in the different premises.

(3) The commission must amend the licence in accordance with the application if—

(a) for an application by a club—a majority of the voting members of the club who voted in a ballot conducted under the regulations voted for the amendment; and

(b) for an application for an amendment mentioned in section 22 (1) (a) to increase the number of gaming machines allowed to be operated under the licence—

(i) the commission is satisfied that the size and layout of each gaming area are suitable for the installation of the number of extra gaming machines applied for; and

(ii) the authorisation of the number of extra gaming machines would not exceed the maximum number of gaming machines allowed on all licensed premises in the ACT; and

(iii) if the licensee is a club—the commission is satisfied that the number of club members worked out under the regulations is sufficient to justify the number of extra gaming machines; and

(iv) if the licensee is a club—the extent to which the club has contributed to, or is likely to contribute to, the community, and supported and benefited the community; and

(c) for an application for an amendment mentioned in section 22 (1) (b)—the commission is satisfied that the size and layout of the different premises are suitable for the operation of the gaming machines allowed under the licence; and

(d) the commission is satisfied that, taking into consideration the social impact assessment for the application and any submission made on the assessment within the 6-week comment period under section 19, the approval of the amendment is appropriate; and

(e) the licensee does not owe an amount to the Territory under a tax law or a gaming law.

(4) On an application for an amendment mentioned in subsection (1) (a), if the commission must amend the licence under subsection (3), the commission may amend the licence to allow the licensee to operate more gaming machines than the licensee was previously allowed to operate (the new number of gaming machines), but less than the number applied for, if—

(a) the commission—

(i) is not satisfied that, taking into consideration the social impact assessment for the application and any submission made on the assessment within the 6-week comment period under section 19, the approval of the amendment is appropriate; but

(ii) is satisfied that amendment of the licence to allow the new number of gaming machines to be operated at the premises is appropriate; or

(b) amending the licence to allow the licensee to operate the number of extra gaming machines applied for would contravene section 35 (Maximum number of gaming machines allowed) but allowing the new number would not.

(1) This section applies if a licensee has applied under section 22 for an amendment of the licence of the following kind:

(a) an amendment mentioned in section 22 (1) (a) to reduce the number of gaming machines allowed under the licence;

(b) an amendment mentioned in section 22 (1) (b) to structurally change a gaming area on licensed premises;

(c) an amendment mentioned in section 22 (1) (c), (d), (e) or (f).

(2) The commission must amend the licence in accordance with the application.

(3) However—

(a) the commission must not amend the licence to structurally change a gaming area on the licensed premise unless satisfied that after the changes the gaming area will be suitable for the installation of gaming machines; and

(b) the commission must not amend the licence in accordance with an application under section 22 (1) (c), (d), (e) or (f) if the commission considers that the change to the gaming machine applied for is technically unsuitable.

(4) In deciding whether a change to a gaming machine is technically unsuitable, the commission must take into account each technical evaluation of the gaming machine.

Note Technical evaluation means a technical evaluation under s 69.

(5) In deciding whether a gaming area will be suitable for the installation of gaming machines, the commission must consider the safety and comfort of, and harm minimisation strategies for, patrons.

(1) This section applies if a licensee has applied under section 22 for an amendment of the licence mentioned in section 22 (1) (b) if the commission is satisfied that—

(a) the gaming machines need to be moved from the licensed premises for a good reason; and

(b) if the amendment is approved—

(i) the gaming machines are to be moved to different premises temporarily; and

(ii) the gaming machines will not be operated in the different premises.

(2) The commission may amend the licence (the temporary licence amendment) for a stated period.

(3) To remove any doubt, the temporary licence amendment does not affect the number of gaming machines licensed to the licensee.

(1) If the commission proposes to amend a licence under this division, the commission must give the licensee written notice of the proposed amendment and ask for the licence to be given to the commission for amendment.

(2) The commission need not amend a licence under this division unless—

(a) the licensee returns the licence to the commission; or

(b) the licensee has told the commission about the loss, theft or destruction of the licence, and given any statement required, under section 38.

If the commission amends a licence under section 24, section 25 or section 26, the licence as amended must state the date the amendment commences.

1 The amendment commences on the day the machines are modified by an approved technician.

2 The amendment commences on the day an installation certificate is issued for the new gaming machine.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(1) This section applies if—

(a) the commission has amended a licence under section 24 or section 25; and

(b) the amendment does not commence within a time the commission is satisfied is reasonable; and

(c) the commission is satisfied that it is appropriate to take action under this section.

(2) The commission may give written notice to the licensee—

(a) stating that the amendment has not commenced; and

(b) stating that the commission intends to revoke the amendment; and

(c) telling the licensee that the licensee may make written submissions to the commission about the commission’s intention within 3 weeks after the day the notice is given to the licensee.

(3) The commission may revoke the amendment if, after considering any submissions made within the 3-week period, the commission is satisfied on reasonable grounds that the licensee has not implemented the changes authorised by the amendment.

In this division:

current licensee—see section 31 (1).

prospective licensee—see section 31 (1).

(1) A person (the prospective licensee) may apply to the commission for the transfer of a licence from the licensee (the current licensee).

(2) An application for the transfer of a licence must—

(a) be in writing signed by the applicant; and

(b) state the full name and address of—

(i) for an application by an individual—the applicant; and

(ii) for an application by a corporation—each executive officer of the corporation; and

(c) must be accompanied by—

(i) a signed consent to transfer by the current licensee; and

(ii) anything else prescribed under the regulations.

Note 1 If a form is approved under the Control Act, s 53D for an application, the form must be used.

Note 2 A fee may be determined under s 176 for this provision.

(1) The commission may, on application under section 31, transfer a licence if—

(a) the licence is not suspended; and

(b) a disciplinary notice has not been given in relation to the licence; and

(c) the prospective licensee is a licensee or has a certificate of suitability; and

(d) if the prospective licensee is a club—a majority of the voting members of the club who voted in a ballot conducted under the regulations voted for the transfer; and

(e) the licence would be issued to the prospective licensee on an initial licence application; and

(f) if the current licensee is a club—a majority of the voting members of the club who voted in a ballot conducted under the regulations voted for the transfer; and

(g) the current licensee has done everything required to be done under section 33.

(2) If the commission transfers a licence under this section, the commission must give the prospective licensee—

(a) the licence (as amended to mention the prospective licensee rather than the current licensee); and

(b) the machine access register for the gaming machines covered by the licence.

If the commission proposes to transfer a licence, the current licensee must give the commission—

(a) the licence; and

(b) the current licensee’s machine access register; and

(c) the accounts kept by the current licensee under section 52 (Accounts relating to gaming machines) that relate to amounts taken during the month when the transfer is made; and

(d) any other accounts kept in connection with the licence under that section that the commission requires; and

(e) any outstanding amount payable by the licensee under this Act.

Note Amounts are payable by licensees under provisions including s 143, s 159 and s 171.

(1) This section applies to a licensee if the licensee does not owe the Territory an amount under this Act.

(2) The licensee may surrender the licence by—

(a) giving the commission a written notice stating that the licensee surrenders the licence; and

(b) if the licensee is a club—giving the commission evidence—

(i) that a majority of the voting members of the club who voted in a ballot conducted under the regulations voted for the club surrendering the licence; or

(ii) that a vote would not be practical; and

(c) returning the licence to the commission.

all memberships have expired and the club does not propose to continue operating

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(3) The surrender of the licence takes effect 4 weeks after the day the notice under subsection (2) (a) is given to the commission or, if the notice states a later date of effect, that date.

(1) The maximum number of gaming machines allowed on all licensed premises in the ACT is 5 200.

(2) However, if the Minister declares, in writing, a number of gaming machines to be the maximum number of gaming machines allowed on all licensed premises in the ACT, that number is the maximum number of gaming machines allowed on all licensed premises in the ACT.

(3) A declaration is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

(4) This section is subject to section 36.

(1) The Minister may make a declaration under section 35 only if—

(a) the commission has made a written recommendation to the Minister about the maximum number of gaming machines that should be allowed on all licensed premises in the ACT; and

(b) the Minister has taken the recommendations into account.

(2) The commission may at any time make a recommendation to the Minister under subsection (1) (a) and must make a recommendation if the Minister asks it to do so.

(3) In making a recommendation to the Minister under this section, the commission must have regard to the following:

(a) the use on licensed premises of existing gaming machines;

(b) the public demand for gambling in the community;

(c) the incidence of problem gambling in the community and the availability of support services for problem gamblers.

(4) Subsection (3) does not limit the matters the commission may have regard to.

(1) The commission must keep a register of licences.

(2) The commission must enter in the register details of the following:

(a) the issue, amendment or transfer of a licence;

(b) the suspension or cancellation of a licence; and

(c) any other details prescribed under the regulations.

(1) This section applies if a licensee tells the commission, in writing, about the loss, theft or destruction of the licence.

(2) The commission may, by written notice given to the licensee, require the licensee to give the commission, within a stated period and in a stated form, a statement confirming, and explaining the circumstances of, the loss, theft or destruction.

(3) If the commission is satisfied that the licence has been lost, stolen or destroyed, the commission may give a replacement licence to the licensee.

Note A fee may be determined under s 176 for this provision.

(1) A licensee commits an offence if—

(a) the licensee’s licence is subject to a condition; and

(b) the licensee fails to comply with a requirement of the condition.

Maximum penalty: 100 penalty units.

(2) An offence against this section is a strict liability offence.

Note Licence conditions are imposed by the commission and by other parts of the Act, as well as by this part.

It is a condition of a licence that the licensee complies with a written direction given to the licensee by the commission.

(1) It is a condition of a licence that the licensee displays the licence, or a copy of the licence, at each entrance to each gaming area of the licensed premises.

(2) However, the licensee need not display the schedule to the licence.

(3) Subsection (1) does not apply if the licensee has given the licence to the commission under section 27 (which is about a request for return of licences for amendment) or section 33 (1) (which is about obligations on licensee on transfer).

(4) Also, subsection (1) does not apply if—

(a) the licence has been lost, stolen or destroyed; and

(b) the licensee gave the commission prompt notice under section 38 (Issue of copy of licence) of the loss, theft or destruction; and

(c) if the commission required the licensee to give a statement under section 38—the licensee gave the statement as required.

It is a condition of a licence that the licensee keeps a copy of the schedule to the licence at the licensed premises.

It is a condition of a licence that the licensee must not operate a gaming machine or peripheral equipment on its licensed premises otherwise than in accordance with licensee’s rules and control procedures.

It is a condition of a licence that the licensee must not allow the installation of a gaming machine on the licensed premises otherwise than in accordance with this Act.

(1) This section applies if—

(a) a gaming machine is installed on licensed premises; and

(b) the commission gives the licensee a notice under section 124 for the gaming machine.

(2) It is a condition of the licence that the licensee gives the commission written notice of the stated details for the gaming machine as soon as practicable, but not later than 3 days after the later of the following:

(a) the day the machine is installed; or

(b) the day the commission gives the notice.

(1) This section applies if a gaming machine is operated on licensed premises.

(2) It is a condition of the licence that the licensee not allow the gaming machine to be operated on the licensed premises unless the licensee has given the commission a notice under section 45 (2) for the machine.

(3) However, subsection (2) does not prevent the operation of the gaming machine for maintenance.

(1) It is a condition of a licence that the licensee not operate a gaming machine on the licensed premises if the percentage payout on a gaming machine on the licensed premises is not the percentage payout under the licence for the machine.

(2) Subsection (1) does not prevent the operation of the gaming machine to correct the percentage payout.

It is a condition of a licence that each licensed gaming machine has the percentage payout under the licence for the gaming machine clearly displayed on the machine in a position approved by the commission under section 126.

It is a condition of the licence that the licensee not operate a gaming machine with a stake amount that is more than the amount prescribed under the regulations.

It is a condition of a licence that the licensee comply with the relevant code of practice (if any) prescribed under the Control Act.

(1) It is a condition of a licence that the licensee use the licensed gaming machines.

(2) However, a licensee does not contravene the condition under subsection (1) if—

(a) the period for which the gaming machine is not used is 1 month or less; or

(b) the gaming machine is not used because it is broken or damaged and the licensee has taken, or is taking, all reasonable steps to make the machine operational again; or

(c) the licensee has the commission’s written approval for the gaming machine not to be used.

(3) On written application by the licensee, the commission may approve the non-use of a gaming machine for a stated period if satisfied that the gaming machine is not being used for a good reason.

It is a condition of a licence that the licensee must—

(a) keep full and separate accounts of all amounts taken from each gaming machine on the licensed premises; and

(b) keep the accounts in a way that allows them to be conveniently and properly audited; and

(c) correctly balance the accounts at the end of each month.

(1) It is a condition of a licence for a club that nobody, whether or not a member of a club, directly or indirectly derives a benefit from the club other than a benefit that—

(a) is available equally to all voting members of the club; or

(b) arises under an agreement in which the parties are dealing with each other at arm’s length; or

(c) is given to a member under a resolution passed at a general meeting of voting members.

(2) It is a condition of a licence for a club that nobody, whether or not a member of a club, directly or indirectly derives a benefit that is not available equally to all voting members of the club from—

(a) the club having applied for a licence; or

(b) a licence being issued to the club; or

(c) any added value that may accrue to the premises of the club because of a licence being issued to the club.

(3) For this section, a person is not taken to be not dealing with the club at arm’s length only because—

(a) the person and the club are corporations that are related under the Corporations Act, section 50; or

(b) the person, or an individual representing the person in dealings with the club, is an influential person for the club.

(4) This section does not prevent a person taking a benefit if—

(a) the person is entitled (whether or not under the rules of the club) to the benefit in the course of acting on behalf of the club; and

(b) the benefit consists only of—

(i) reasonable food or refreshment; or

(ii) out-of-pocket expenses reasonably incurred and authorised by a resolution of the club’s management committee or board.

It is a condition of a licence for a club that the club’s annual report for a financial year of the club include information about the following for the financial year:

(a) any contractual arrangement or consultancy entered into during the year—

(i) with an influential person; or

(ii) for more than the amount prescribed under the regulations;

(b) any salary of the amount prescribed under the regulations or a higher amount.

Each of the following is a condition of a licence for a club:

(a) the proceeds from the conduct of gaming are used in a way that promotes the objects of the licensee;

(b) the licensee follows its objects or purposes honestly and seriously;

(c) payments made under the licensee’s objects are in the best interests of the licensee’s members;

(d) payments made for things bought by the licensee are reasonable;

(e) salaries, wages, allowances or benefits paid or payable by the licensee to the licensee’s executive officers and employees are reasonable;

(f) payments for services provided to the licensee are reasonable and necessary, particularly in relation to the scale of the licensee’s licensed business;

The licensee has 4 gaming machines and pays $150 000 a year for gaming machine advice. This payment is not reasonable because the payment is disproportionately large given the revenues from the 4 machines in relation to which the advice is being given.

(g) the acquisition or disposal of land (for example, by lease or sublease) is put to the members of the club for approval and approved by a majority of the voting members who vote in a ballot conducted under the regulations;

(h) guests must be signed in by a club member and accompanied by the member who signed them in;

(i) only members and signed-in guests can play gaming machines in the club;

(j) each requirement for the issue of a gaming machine licence is continually met by the licensee;

(k) the licensee continues not to do anything that would, if the licensee were applying for a licence, cause the licensee to be refused a licence.

In this part:

disciplinary action—see section 58.

disciplinary notice—see section 61.

ground for disciplinary action against a licensee—see section 57.

licence—

(a) in relation to a person who is authorised to conduct a linked jackpot arrangement under section 134, means the authorisation;

(b) in relation to a permit-holder under part 8 (Linked jackpot arrangements), means a multi-user permit.

licensee includes a permit-holder under part 8.

(1) Each of the following is a ground for disciplinary action against a licensee:

(a) the licensee gave information to the commission that was false, incomplete or otherwise misleading;

(b) the licensee, or an agent or employee of the licensee, has contravened this Act;

(c) the licensee is not an eligible person for a licence;

(d) for a corporation—an influential person is not an eligible person;

(e) for a licence issued to a club—

(i) the club has been or is about to be wound up; or

(ii) the club has not operated for 3 months or, if the commission approves a longer period, that longer period; or

(iii) the club has ceased to be an eligible club;

(f) for a licence issued in relation to premises to which an on licence applies—the premises are not being used by people mainly for drinking alcohol;

(g) the licensee has been given a reprimand that included a direction, and has not complied with the direction.

(2) The commission may, in writing, approve a period longer than 3 months for subsection (1) (e) (ii) if satisfied that—

(a) there is a good reason why the club is not operating; and

(b) the club will operate again after the end of the longer period.

(1) Each of the following is a disciplinary action when taken against a person:

(a) reprimanding the person;

(b) imposing conditions on, or amending the conditions of, the person’s licence;

(c) ordering the person to pay to the Territory a financial penalty of not more than $100 000;

(d) suspending the person’s licence for a stated period or until a stated thing happens;

(e) cancelling the person’s licence.

(2) A reprimand may include a direction by the commission that the licensee, within a stated time—

(a) cease contravening this Act; or

(b) rectify something that contributes to the ground for disciplinary action.

(3) A financial penalty imposed under this section may be recovered as a debt payable to the Territory.

(1) In deciding what disciplinary action to take under section 58, the commission must consider the following:

(a) whether disciplinary action has been taken against the licensee before;

(b) whether the disciplinary ground on which the disciplinary action is to be taken endangered the public or the public interest;

(c) the seriousness of the disciplinary ground;

(d) the likelihood of further disciplinary action needing to be taken.

(2) The commission may also consider any other relevant matter.

If the commission is satisfied that a ground for disciplinary action exists, or may exist, in relation to a licensee, the commission may give the licensee a disciplinary notice.

Note The commission need not give a disciplinary notice if the grounds for disciplinary action are the contravention of a direction in a reprimand (see s 62).

A notice (a disciplinary notice) given to the licensee must—

(a) state the ground for disciplinary action that caused the notice to be given; and

(b) tell the licensee that the licensee may, within 3 weeks after the day the licensee is given the notice, give a written response to the commission about the notice.

(1) This section applies if the commission is satisfied that a licensee has contravened a direction in a reprimand.

(2) This section also applies if—

(a) a licensee has been given a disciplinary notice; and

(b) after considering any responses given within the 3-week period in relation to the notice under section 61, the commission is satisfied that a ground for disciplinary action exists in relation to a licensee.

(3) The commission may take disciplinary action against the licensee.

(4) To remove any doubt, the disciplinary action may consist of 2 or more of the actions mentioned in section 58.

(5) Disciplinary action takes effect when the licensee receives written notice of the action, or on a later stated date.

If a general licence or on licence relating to premises to which a gaming machine licence applies is suspended under the Liquor Act 1975, the gaming machine licence is suspended by force of this section for the period of suspension of the general licence or on licence.

(1) If a general licence or on licence relating to premises to which a gaming machine licence applies is not renewed under the Liquor Act 1975, the gaming machine licence is cancelled by force of this section.

(2) If a general licence or on licence relating to premises to which a gaming machine licence applies is cancelled under the Liquor Act 1975, the gaming machine licence is cancelled by force of this section.

(3) However, a licence cancelled under this section is taken to be in force again if the decision to cancel the general or on licence because of which the gaming machine licence was cancelled is reversed on appeal.

(1) This section applies if—

(a) the commission cancels a person’s licence under this part; and

(b) the person is given notice of the cancellation.

(2) This section also applies if—

(a) a person’s licence is cancelled under section 64 (1); or

(b) the person’s licence is cancelled under section 64 (2) and the person has notice of the cancellation of the person’s general or on licence.

(3) The person must return the licence to the commission as soon as practicable, but in any case not later than 1 week after the day the cancellation under this part takes affect.

Maximum penalty: 50 penalty units.

(4) An offence against this section is a strict liability offence.

(1) In this Act:

centralised monitoring system (or CMS) means a system approved in writing by the commission that—

(a) monitors the operation and performance of approved gaming machines; and

(b) facilitates the working out and checking for accuracy of tax liability, and the collection of tax, under this Act; and

(c) can perform other related functions.

(2) An approval is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

(1) The regulations may provide for the establishment and operation of a CMS.

(2) In particular, the regulations may fix a date, or allow the commission to fix a date, by which stated machines must be connected to the CMS.

In this Act:

peripheral equipment, for a gaming machine, means equipment, or a device, that is incidental to the basic operation of the gaming machine.

1 note acceptors

2 links

3 card readers

4 ticket readers

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(1) The commission may, in writing, approve—

(a) a gaming machine; and

(b) any peripheral equipment for the gaming machine.

(2) However, the commission must not approve something under subsection (1) unless the commission has considered the results of a technical evaluation of the gaming machine and any peripheral equipment by an approved entity.

(3) The approval of a gaming machine is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

(4) In this section:

approved entity means an entity approved (however described) under a law of a local jurisdiction about gaming machines to undertake technical evaluations for the law.

(1) The commission may, in writing, cancel or suspend the approval of a gaming machine or peripheral equipment if—

(a) the machine no longer operates as designed; or

(b) the machine no longer operates as intended.

(2) To remove any doubt, if the approval of a machine is cancelled or suspended under this section, it applies to all machines of that kind, whether or not a particular machine is operating as designed or intended.

A King of the Thames gaming machine stops operating in accordance with its design. The commission suspends the approval of King of the Thames gaming machines, even though not all King of the Thames gaming machines have stopped operating in accordance with their design.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(3) A cancellation or suspension under subsection (1) is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

(1) A licensee must keep a register (the machine access register) for the licensed gaming machines on the licensed premises.

(2) If a gaming machine on the licensed premises is not working for a reason peculiar to the machine, the machine access register must record when and why the machine is not working.

1 technical problems peculiar to the machine, not a problem that affects all machines, eg a blackout

2 maintenance

3 door open for coin filling or removal

4 inspection by authorised officer

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(3) If an approved supplier, approved technician or approved attendant opens or maintains a gaming machine on the licensed premises in any way, whether or not by opening the machine, the person must enter the following details in the machine access register:

(a) information that clearly identifies the machine;

(b) the date when the machine was opened, repaired, adjusted or altered;

(c) if the machine was repaired or adjusted—a description of the repair or adjustment;

(d) the time when, and reason why, the machine was not working;

(e) the signature and number of the certificate of approval of the person making the entry;

(f) any other information required under the regulations.

(4) A person commits an offence if—

(a) the person enters anything in the machine access register; and

(b) the person is not an approved supplier, approved technician, approved attendant or authorised person.

Maximum penalty: 10 penalty units.

(5) An offence against subsection (4) is a strict liability offence.

(1) A person may apply in writing for approval as a supplier.

Note 1 If a form is approved under the Control Act, s 53D for an application, the form must be used.

Note 2 A fee may be determined under s 176 for this provision.

(2) The commission may approve the person as a supplier if satisfied that—

(a) the person sells, installs or maintains gaming machines, peripheral equipment for gaming machines or systems (including a CMS) designed for use with gaming machines; and

(b) for an individual—the individual is an eligible person; and

(c) for a corporation—each influential person for the corporation is an eligible person; and

(d) the person satisfies any other requirement prescribed under the regulations.

(3) If the commission approves a person as a supplier, the commission must give the person a certificate stating that the person is an approved supplier.

(1) This section applies if an approved supplier tells the commission, in writing, about the loss, theft or destruction of a certificate given to the person under section 72 (3).

(2) The commission may, by written notice given to the supplier, require the supplier to give the commission, within a stated period and in a stated form, a statement confirming, and explaining the circumstances of, the loss, theft or destruction.

(3) If the commission is satisfied that the certificate has been lost, stolen or destroyed, the commission may give a replacement to supplier.

Note A fee may be determined under s 176 for this provision.

(1) An individual may apply in writing for approval as a technician for 1 or more suppliers.

Note 1 If a form is approved under the Control Act, s 53D for an application, the form must be used.

Note 2 A fee may be determined under s 176 for this provision.

(2) The application must be accompanied by—

(a) a statement by each approved supplier for which the applicant is applying for approval that—

(i) the supplier is satisfied that the applicant is competent to exercise the functions of an approved technician; and

(ii) the supplier employs, or has offered to employ, the applicant as a technician; and

(b) if the applicant is an approved supplier and is applying for approval to be a technician for his or her own business—a statement to that effect; and

(c) an undertaking by the applicant to—

(i) ask the police to check the applicant’s criminal record using the applicant’s fingerprints; and

(ii) authorise the police to report the results of the check to the commission; and

(d) 4 recent passport-size photographs of the applicant.

(1) The commission may, on application under section 74, approve the applicant as a technician for 1 or more suppliers if satisfied that—

(a) the applicant is qualified to exercise the functions of an approved technician; and

(b) either—

(i) the applicant is employed, or will be employed, by each supplier; or

(ii) the applicant is an approved supplier; or

(iii) the applicant is employed, or will be employed, by each supplier and is an approved supplier.

(2) An approval is for 2 years.

(3) If a short-term approval is in force in relation to the applicant, the approval under this section starts when the short-term approval under section 76 began.

Jo was given a short-term approval as a technician on 1 January 2005 before the results of her police check came through. Her results were satisfactory and she was approved as a technician on 25 February 2005. Her approval ends on 1 January 2007.

(4) A person is qualified to exercise the functions of an approved technician for a supplier if the person—

(a) is an individual; and

(b) is competent to maintain gaming machines supplied by the supplier; and

(c) is an eligible person; and

(d) satisfies any requirement prescribed under the regulations.

(5) To remove any doubt, an approved supplier may be approved as a technician under this section for themselves as supplier, another supplier or both.

(1) This section applies to a person who has applied for approval as a technician if—

(a) the commission has not received the results of the police check of the person’s criminal record; but

(b) the commission would approve the person if the results of the police check did not show that the person was not an eligible person.

(2) The commission may approve the applicant as a technician.

(3) An approval under this section (a short-term approval) is for 6 months, and cannot be renewed.

(1) This section applies to a person if—

(a) the person has a short-term approval as a technician; and

(b) the commission receives the results of the police check of the person’s criminal record; and

(c) after considering the results of the police check, the commission is satisfied that the person is not an eligible person.

(2) The commission must, by written notice given to the technician—

(a) refuse the person’s application for approval as a technician; and

(b) cancel the person’s short-term approval as a technician.

(1) On written application by an approved technician, the commission may—

(a) approve the technician for another supplier (the new supplier); or

(b) transfer the approval of the technician from 1 supplier to another (the new supplier).

Note 1 If a form is approved under the Control Act, s 53D for an application, the form must be used.

Note 2 A fee may be determined under s 176 for this provision.

(2) The application must be accompanied by a written statement by the new supplier stating that the supplier employs, or has offered to employ, the applicant as a technician.

(1) This section applies if—

(a) the commission stops being satisfied that an approved technician is qualified to exercise the functions of an approved technician for each supplier for whom the technician is approved; or

(b) the approved technician is not an approved supplier and is not employed by an approved supplier; or

(c) the commission is satisfied that the technician has contravened this Act.

(2) The commission may, by written notice given to the approved technician—

(a) cancel the technician’s approval; or

(b) suspend the technician’s approval; or

(c) reprimand the technician.

(3) In considering whether to take action under this section, the commission must consider the following:

(a) whether action has been taken against the approved technician under this section before;

(b) the seriousness of any contravention of this Act;

(c) the likelihood of further action needing to be taken against the technician;

(d) the public benefit of technicians being regulated under this Act.

(4) The commission may also consider any other relevant matter.

(5) In this section:

approved supplier—a person is not an approved supplier if the person’s approval as a supplier is suspended.

qualified, to exercise the functions of an approved technician—see section 75 (4).

(1) This section applies if the commission approves a technician under section 75 (Approval of technicians) or section 76 (Short-term approval of technicians).

(2) The commission must give—

(a) a certificate (the technician’s approval certificate) to each approved supplier for the technician containing details of the approval; and

(b) an identity card to the approved technician containing details of the approval.

(1) This section applies if an approved supplier or approved technician tells the commission, in writing, about the loss, theft or destruction of a certificate or identity card given to the person under section 80.

(2) The commission may, by written notice given to the person, require the person to give the commission, within a stated period and in a stated form, a statement confirming, and explaining the circumstances of, the loss, theft or destruction.

(3) If the commission is satisfied that the certificate or identity card has been lost, stolen or destroyed, the commission may give a replacement to the person.

Note A fee may be determined under s 176 for this provision.

(1) This section applies if—

(a) a supplier is the supplier for an approved technician; and

(b) the supplier stops employing the technician.

(2) The supplier must tell the commission in writing that the supplier no longer employs the technician within 1 week after the day the supplier stops employing the technician.

Maximum penalty: 5 penalty units.

(3) An offence against this section is a strict liability offence.

(1) This section applies if—

(a) a technician’s approval expires or is cancelled or suspended; or

(b) a technician stops working for an approved supplier.

(2) The supplier must return the technician’s approval certificate to the commission within 1 week after—

(a) the day the technician’s approval expires; or

(b) the day the technician is given notice of the cancellation or suspension; or

(c) the day the approved technician stops working for the supplier.

Maximum penalty: 5 penalty units.

(3) The technician must return the technician’s identity card to the commission within 1 week after—

(a) the day the technician’s approval expires; or

(b) the day the technician is given notice of the cancellation or suspension; or

(c) the day the technician no longer works for at least 1 supplier.

Maximum penalty: 5 penalty units.

(4) Strict liability applies to an offence against this section.

(1) An approved technician may apply to the commission for renewal of his or her approval no later than 1 month, and no earlier than 3 months, before the approval expires.

Note If a form is approved under the Control Act, s 53D for an application, the form must be used.

(2) The application must be accompanied by an undertaking by the applicant to—

(a) ask the police to check the applicant’s criminal record using the applicant’s fingerprints; and

(b) authorise the police to report the results of the check to the commission.

(3) On application under this section, the commission must renew the approval if satisfied that it would approve the applicant if the application were an application for initial approval.

(4) The renewal of the approval begins on the day after the approval being renewed expires.

(5) An approval that is suspended may be renewed, but the renewed approval is suspended until the end of the suspension.

(1) An individual may apply in writing for approval as an attendant for 1 or more licensees.

Note 1 If a form is approved under the Control Act, s 53D for an application, the form must be used.

Note 2 A fee may be determined under s 176 for this provision.

(2) The application must be accompanied by—

(a) a statement from each licensee stating that the licensee employs, or has offered to employ, the applicant as an attendant; and

(b) an undertaking by the applicant to—

(i) ask the police to check the applicant’s criminal record using the applicant’s fingerprints; and

(ii) authorise the police to report the results of the check to the commission; and

(c) 4 recent passport-size photographs of the applicant.

(1) The commission may, on application under section 85, approve the applicant as an attendant for 1 or more licensees if satisfied that—

(a) the applicant is an eligible person; and

(b) the applicant is employed, or will be employed, by each licensee.

(2) An approval is for 2 years.

(3) If a short-term approval is in force in relation to the applicant, the approval under this section starts when the short-term approval under section 87 began.

Joe was given a short-term approval as an attendant on 1 January 2005 before the results of his police check came through. His results were satisfactory and he was approved as an attendant on 25 February 2005. His approval ends on 1 January 2007.

(1) This section applies to a person who has applied for approval as an attendant if—

(a) the commission has not received the results of the police check of the person’s criminal history; but

(b) the commission would approve the person if the results of the police check did not show that the person was not an eligible person.

(2) The commission may approve the applicant as an attendant.

(3) An approval under this section (a short-term approval) is for 6 months, and cannot be renewed.

(1) This section applies to a person if—

(a) the person has a short-term approval as an attendant; and

(b) the commission receives the results of the police check of the person’s criminal history; and

(c) after considering the results of the police check, the commission is satisfied that the person is not an eligible person.

(2) The commission must, by written notice given to the person—

(a) refuse the person’s application for approval as an attendant; and

(b) cancel the person’s short-term approval as an attendant.

(1) On written application by an approved attendant, the commission may—

(a) approve the attendant for another licensee (the new licensee); or

(b) transfer the approval of the attendant from 1 licensee to another (the new licensee).

Note 1 If a form is approved under the Control Act, s 53D for an application, the form must be used.

Note 2 A fee may be determined under s 176 for this provision.

(2) The application must be accompanied by a written statement by the new licensee stating that the licensee employs, or has offered to employ, the applicant as an attendant.

On written application by an approved attendant, the commission may suspend the attendant’s approval for up to 3 months from the day the application is given to the commission if the attendant is not employed by a licensee.

(1) This section applies if—

(a) the commission stops being satisfied that an approved attendant is an eligible person; or

(b) the attendant is not employed by a licensee and his or her approval is not suspended under section 90; or

(c) the commission is satisfied that the attendant has contravened this Act.

(2) The commission may, by written notice to the approved attendant—

(a) cancel the attendant’s approval; or

(b) suspend the attendant’s approval; or

(c) reprimand the attendant.

(3) In considering whether to take action under this section, the commission must consider the following:

(a) whether action has been taken against the approved attendant under this section before;

(b) the seriousness of any contravention of this Act;

(c) the likelihood of further action needing to be taken against the attendant;

(d) the public benefit of attendants being regulated under this Act.

(4) The commission may also consider any other relevant matter.

(1) This section applies if the commission approves an attendant under section 86 (Approval of attendants) or section 87 (Short-term approval of attendants).

(2) The commission must give—

(a) a certificate (the attendant’s approval certificate) containing details of the approval to the attendant; and

(b) a copy of the certificate to each licensee for the attendant.

(1) This section applies if an approved attendant or licensee tells the commission, in writing, about the loss, theft or destruction of an approval certificate given to the person under section 92.

(2) The commission may, by written notice given to the person, require the person to give the commission, within a stated period and in a stated form, a statement confirming, and explaining the circumstances of, the loss, theft or destruction.

(3) If the commission is satisfied that the certificate has been lost, stolen or destroyed, the commission may give a replacement to the person.

Note A fee may be determined under s 176 for this provision.

(1) This section applies if—

(a) a licensee is the licensee for an approved attendant; and

(b) the licensee stops employing the attendant.

(2) The licensee must tell the commission in writing that the licensee no longer employs the attendant within 1 week after the day the licensee stops employing the attendant.

(1) This section applies if—

(a) an attendant’s approval expires or is cancelled or suspended; or

(b) the attendant no longer works for at least 1 licensee.

(2) The attendant must return the attendant’s approval certificate to the commission within 1 week after—

(a) the day the attendant’s approval expires; or

(b) the day the attendant is given notice of the cancellation or suspension; or

(c) the day the attendant no longer works for at least 1  icensee.

Maximum penalty: 5 penalty units.

(3) An offence against this section is a strict liability offence.

(1) An approved attendant may apply to the commission for renewal of his or her approval no later than 1 month, and no earlier than 3 months, before the approval expires.

Note If a form is approved under the Control Act, s 53D for an application, the form must be used.

(2) The application must be accompanied by an undertaking by the applicant to—

(a) ask the police to check the applicant’s criminal record using the applicant’s fingerprints; and

(b) authorise the police to report the results of the check to the commission.

(3) On application under this section, the commission must renew the approval if satisfied that it would approve the applicant if the application were an application for initial approval.

(4) The renewal of the approval begins on the day after the approval being renewed ends.

(5) An approval that is suspended may be renewed, but the renewed approval is suspended until the end of the suspension.

(1) A person’s control procedures for gaming machines and peripheral equipment must include operational details (including who is responsible) for each of the following:

(a) accounting and record keeping in relation to the gaming machines and peripheral equipment;

(b) access to and handling of cash in relation to the gaming machines;

(c) payment of winnings;

(d) access control to the gaming machines and peripheral equipment;

(e) security of the gaming machines and peripheral equipment;

(f) security of cash, records and keys in relation to the gaming machines;

(g) job descriptions (including responsibilities) of people operating and doing accounting and record keeping in relation to the gaming machines and peripheral equipment;

(h) any marketing and promotion of the gaming machines.

(2) A person may change the person’s control procedures by written notice given to the commission.

(3) The regulations may make provision in relation to control procedures.

A person commits an offence if the person—

(a) intentionally acquires a gaming machine; and

(b) does not have the commission’s approval under section 100 to acquire the machine.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

(1) A person may apply in writing to the commission for approval to acquire a gaming machine.

Note 1 If a form is approved under the Control Act, s 53D for an application, the form must be used.

Note 2 A fee may be determined under s 176 for this provision.

(2) The application must be accompanied by—

(a) the proposed contract for the acquisition (including any proposed order); and

(b) details of any proposed arrangements for financing the acquisition.

(1) On application for an approval to acquire a gaming machine, the commission must approve or refuse to approve the acquisition.

(2) The commission must approve the acquisition of a gaming machine if—

(a) the applicant is a licensee; and

(b) the applicant’s licence authorises the applicant to operate the machine; and

(c) the acquisition is to be under a written contract; and

(d) the gaming machine, and any peripheral equipment to be used with it, is approved under section 69; and

(e) the person from whom the machine is to be acquired—

(i) is an approved supplier; or

(ii) is approved under section 113 (Approval of disposal of gaming machines) to dispose of the machine; and

(f) for any proposed financial arrangement for financing the acquisition—the commission has approved, or proposes to approve, the arrangement under section 101.

(1) A licensee commits an offence if—

(a) the licensee enters into an arrangement—

(i) to finance the acquisition of a gaming machine; or

(ii) to encumber a gaming machine; and

(b) the commission has not approved the arrangement.

Maximum penalty: 100 penalty units.

(2) A licensee may apply in writing to the commission for approval of an arrangement (a financial arrangement)—

(a) to finance the acquisition of a gaming machine; or

(b) to encumber a gaming machine.

Note If a form is approved under the Control Act, s 53D for an application, the form must be used.

(3) The application must be accompanied by a copy of each document related to the proposed financial arrangement.

(1) On application for an approval of a financial arrangement, the commission must approve or refuse to approve the arrangement.

(2) The commission must approve a financial arrangement for a gaming machine—

(a) if—

(i) the arrangement is to be under 1 or more written contracts; and

(ii) if the financial arrangement is an arrangement to finance the acquisition of a gaming machine—the commission has approved the acquisition, or proposes to approve it, under section 100 (Decision on application for approval to acquire gaming machines); and

(b) if the applicant is a club—unless satisfied that the arrangement is not in the best interests of the club’s members.

(3) It is a condition of an approval under this section that a contract forming part of the approved financial arrangement cannot be amended unless the commission approves the amendment.

(1) A person commits an offence if—

(a) the person possesses or operates a gaming machine; and

(b) the person is not authorised to possess or operate the gaming machine under this Act; and

(c) the person is reckless about whether the person is authorised to possess or operate the gaming machine under this Act.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

Note Under this Act, a person may be authorised to possess or operate a gaming machine by a licence, an approval to repossess the machine or under s (2).

(2) The commission may, in writing, authorise a person to possess or operate a gaming machine on stated conditions if—

(a) the person is a licensee’s administrator, receiver, manager or liquidator and the licensee is authorised under this Act to possess or operate the gaming machine; or

(b) the machine is used only for training purposes; or

(c) the machine is being stored; or

(d) the machine is being displayed for sale or as a promotion; or

(e) the machine is being repaired, tested or evaluated.

A person commits an offence if—

(a) the person plays a gaming machine; and

(b) operation of the gaming machine is not authorised under a licence; and

(c) the person is reckless about whether the operation of the gaming machine is authorised under a licence.

Maximum penalty: 100 penalty units.

(1) A person commits an offence if—

(a) the person owns, occupies or manages licensed premises; and

(b) the person fails to take all reasonable steps to stop a gaming machine on the premises being used otherwise than in accordance with the licence; and

(c) someone uses the gaming machine otherwise than in accordance with the licence.

Maximum penalty: 100 penalty units.

(2) A person commits an offence if—

(a) the person owns, occupies or manages premises other than licensed premises; and

(b) the person fails to take all reasonable steps to stop a gaming machine on the premises being used; and

(c) someone uses the gaming machine.

Maximum penalty: 100 penalty units.

(3) An offence against this section is a strict liability offence.

(1) A person commits an offence if the person repossesses a gaming machine otherwise than in accordance with an approval under section 108.

Maximum penalty: 100 penalty units.

(2) A person commits an offence if—

(a) the person repossesses a gaming machine; and

(b) the person fails to take all reasonable steps to stop the gaming machine being used; and

(c) after repossession of the gaming machine but before its disposal, someone else uses the machine.

Maximum penalty: 100 penalty units

(3) An offence against this section is a strict liability offence.

(1) A person may apply in writing to the commission for approval to repossess a gaming machine.

Note 1 If a form is approved under the Control Act, s 53D for an application, the form must be used.

Note 2 A fee may be determined under s 176 for this provision.

(2) The application must be accompanied by information identifying—

(a) the person from whom the machine is to be repossessed; and

(b) the premises where the machine is currently held; and

(c) the class, kind and basic stake denomination of the machine.

(1) On application under section 107, the commission must approve, or refuse to approve, the repossession of a gaming machine.

(2) The commission must approve the repossession unless the commission believes on reasonable grounds that the applicant would be likely to contravene a requirement of a condition on the approval.

Note For conditions, see s 109.

(3) If an approval is given to repossess a gaming machine, after the machine is repossessed but before it is disposed of, an authorised officer must—

(a) take meter readings from the machine; and

(b) seal the computer cabinet on the machine; and

(c) render the machine inoperable.

(4) This section does not entitle a person to repossess a gaming machine if the person is not otherwise entitled to repossess it.

(1) An approval to repossess a gaming machine under section 108 is subject to the following conditions:

(a) that the person given the approval take all reasonable steps necessary to prevent the repossessed gaming machine being played before its disposal;

(b) that the person given the approval allow an authorised officer to exercise the commission’s functions under section 108 (3).

(2) The commission may impose any other condition on the approval in relation to the storage of the machine before its disposal that the commission considers appropriate.

(1) A person commits an offence if the person—

(a) is approved under section 108 to repossess a gaming machine; and

(b) contravenes a requirement of a condition on the approval.

Maximum penalty: 50 penalty units.

(2) Subsection (1) does not apply if the person took all reasonable steps to avoid a contravention of the requirements of the approval conditions.

(3) An offence against this section is a strict liability offence.

(1) A person commits an offence if—

(a) the person disposes of a gaming machine; and

(b) the disposal is not in accordance with an approval under section 113 (Approval of disposal of gaming machines).

Maximum penalty: 100 penalty units.

(2) An offence against this section is a strict liability offence.

(1) A person may apply in writing to the commission for approval to dispose of a gaming machine.

Note 1 If a form is approved under the Control Act, s 53D for an application, the form must be used.

Note 2 A fee may be determined under s 176 for this provision.

(2) The application must be accompanied by information identifying—

(a) the person (if any) who is to acquire the machine; and

(b) the premises where the machine is currently held; and

(c) the class, kind and basic stake denomination of the machine.

(1) On application under section 112, the commission must approve, or refuse to approve, the disposal of a gaming machine.

(2) The commission must approve the disposal if—

(a) the person (if any) who is to acquire the machine is authorised—

(i) to operate the machine under a licence; or

(ii) if the machine is to be sold or operated in a local jurisdiction—under a law of the local jurisdiction; or

(iii) to destroy the machine; and

(b) for an applicant who has repossessed the machine—the repossession is approved under section 108 (Approval of repossession of gaming machines) and the commission has no reason to believe that the approval has been contravened.

(3) However, the commission must not approve the lease or hire of a gaming machine by 1 licensee to another.

(4) This section does not entitle a person to dispose of a gaming machine if the person is not otherwise entitled to dispose of the machine.

(1) This section applies if an authorised officer believes on reasonable grounds that—

(a) a person possesses or operates a gaming machine; and

(b) the person is not authorised to possess or operate the gaming machine under this Act.

(2) The authorised officer may seize the gaming machine.

(1) As soon as practical after the gaming machine is seized, the authorised officer must give a receipt for it to the person from whom it was seized.

(2) If, for any reason, it is not practicable to comply with subsection (1), the authorised officer must leave the receipt, secured conspicuously, at the place where the gaming machine was seized.

(3) A receipt under this section must include the following:

(a) a description of the gaming machine;

(b) an explanation of why the gaming machine was seized;

(c) an explanation of the person’s right to apply to a court under section 116 for an order disallowing the seizure;

(d) where the gaming machine is to be taken;

(e) the authorised officer’s name, and how to contact the officer.

(1) A person claiming to be entitled to a gaming machine seized under this division may apply to the Magistrates Court within 10 days after the day of the seizure for an order disallowing the seizure.

(2) The application may be heard only if the applicant has served a copy of the application on the commission.

(3) The commission is entitled to appear as respondent at the hearing of the application.

(1) This section applies if a person claiming to be entitled to a gaming machine seized under this division applies to the Magistrates Court under section 116 for an order disallowing the seizure.

(2) The Magistrates Court must make an order disallowing the seizure if satisfied that—

(a) the applicant would, apart from the seizure, be entitled to the return of the seized gaming machine; and

(b) the gaming machine is not connected with an offence against this Act; and

(c) possession of the gaming machine by the person would not be an offence.

(3) The Magistrates Court may also make an order disallowing the seizure if satisfied there are exceptional circumstances justifying the making of the order.

(4) If the Magistrates Court makes an order disallowing the seizure, the court may make 1 or more of the following ancillary orders:

(a) an order directing the commission to return the gaming machine to the applicant or to someone else that appears to be entitled to it;

(b) if the gaming machine cannot be returned or has depreciated in value because of the seizure—an order directing the Territory to pay reasonable compensation;

(c) an order about the payment of costs in relation to the application.

(1) This section applies to the hearing of an application under section 116 (Application for order disallowing seizure).

(2) If it appears to the Magistrates Court that the seized gaming machine is required to be produced in evidence in a pending proceeding in relation to an offence against a Territory law, the court may, on the application of the commission or its own initiative, adjourn the hearing until the end of that proceeding.

(1) This section applies if an application under section 116 for an order disallowing the seizure of a gaming machine—

(a) has not been made within 10 days after the day of the seizure; or

(b) has been made within that period, but the application has been refused or has been withdrawn before a decision on the application had been made.

(2) The seized gaming machine—

(a) is forfeited to the Territory; and

(b) may be sold, destroyed or otherwise disposed of as the commission directs.

(1) A licensee commits an offence if—

(a) the licensee allows the installation of a gaming machine on the licensed premises; and

(b) the gaming machine is installed otherwise than in a gaming area.

Maximum penalty: 50 penalty units.

(2) An offence against this section is a strict liability offence.

(1) A person commits an offence if—

(a) the person installs a gaming machine on licensed premises; and

(b) the person is not an approved supplier or approved technician.

Maximum penalty: 50 penalty units

(2) An offence against this section is a strict liability offence.

(1) A person commits an offence if the person—

(a) installs a gaming machine on licensed premises; and

(b) as soon as practicable, but no later than 3 days, after installing the machine, does not give the licensee a certificate signed by the person stating the meter readings on the machine immediately after installation.

Maximum penalty: 20 penalty units.

(2) An offence against this section is a strict liability offence.

(1) A licensee commits an offence if—

(a) the licensee allows the installation of a gaming machine on the licensed premises; and

(b) the computer cabinet is not sealed in a way that prevents unauthorised access.

Maximum penalty: 50 penalty units.

(2) An offence against this section is a strict liability offence.

(1) This section applies if a gaming machine is installed on licensed premises.

(2) The commission may give the licensee a written notice stating the details the commission needs to be told about the gaming machine.

(1) A person commits an offence if—

(a) the person is an approved supplier or approved technician; and

(b) the person opens a gaming machine and makes an adjustment that will, or is likely to, affect the percentage payout of the machine; and

(c) the percentage payout on the gaming machine on the licensed premises is not the percentage payout authorised by the licence for the machine.

Maximum penalty: 50 penalty units.

(2) An offence against this section is a strict liability offence.

(1) The commission may, in writing, approve a position on a kind of gaming machine for display of the percentage payout for the machine.

(2) An approval is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

A person commits an offence if—

(a) the person is an approved supplier or approved technician; and

(b) the person supplies or installs a gaming machine; and

(c) the person intentionally sets the stake amount for the gaming machine higher than the amount prescribed under the regulations.

Maximum penalty: 50 penalty units.

(1) A person commits an offence if the person does any of the following in relation to a licensed gaming machine on licensed premises:

(a) opens the machine;

(b) checks money in the machine;

(c) places money into the machine (other than to play the machine);

(d) removes money from the machine (other than money won or credited).

Maximum penalty: 50 penalty units.

(2) Subsection (1) does not apply to the following people:

(a) an authorised officer;

(b) an approved supplier;

(c) an approved technician;

(d) an approved attendant.

(3) A person commits an offence if—

(a) the person maintains a licensed gaming machine on licensed premises; and

(b) the person is not an approved supplier or approved technician.

Maximum penalty: 50 penalty units.

(4) An offence against this section is a strict liability offence.

(1) A person commits an offence if the person recklessly interferes with the operation of a gaming machine.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

(2) A person commits an offence if the person inserts into a gaming machine anything other than a coin, note or token of the kind stated on the gaming machine.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

(3) A person commits an offence if the person does anything intended to interfere with a gaming machine in a way that causes the machine to yield a reward less than or greater than the percentage payout under the licence in relation to that machine.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

(4) A person commits an offence if the person does anything intended to render a gaming machine, either temporarily or otherwise, incapable of forming a winning combination.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

(5) Subsection (1) does not apply in relation to anything done honestly for the maintenance of a gaming machine by an approved supplier, approved technician or authorised officer.

(1) A person commits an offence if the person—

(a) opens the computer cabinet in a gaming machine; and

(b) is not an approved supplier, approved technician or authorised officer.

Maximum penalty: 50 penalty units.

(2) An offence against this section is a strict liability offence.

If a licence ceases to be in force, the commission must ensure that each gaming machine on the licensed premises is inoperable—

(a) if the licence ceased to be in force under section 64 (1) or because the licence expired—until the machines are removed from the premises; or

(b) if the licence is suspended—during the suspension; or

(c) if the licence has been cancelled—until the first of the following happens:

(i) the machines are removed from the premises;

(ii) the decision of the commission cancelling the licence is set aside on an application for review of the decision; or

(d) if the licence ceased to be in force under section 64 (2)—until the first of the following happens:

(i) the machines are removed from the premises;

(ii) the licence is taken to be in force again under section 64 (3).

(1) This section applies to a person who held a licence that has ceased to be in force, other than a person whose licence is suspended.

(2) The person commits an offence if, at the end of the required period, a gaming machine that was licensed is on the premises that were licensed.

Maximum penalty: 50 penalty units.

(3) In this section:

relevant decision means the decision of the commission (if any) because of which the licence ceased to be in force.

required period means—

(a) 2 weeks after the day—

(i) the licence ceases to be in force; or

(ii) if an application for review of the relevant decision may be made but is not made—the time for applying for review of the decision ends; or

(iii) if an application is made to review the relevant decision—the application is withdrawn, dismissed or decided; or

(b) any further period the commission, whether before or after the end of the period, in writing, approves.

A person commits an offence if—

(a) the person operates a linked jackpot arrangement between gaming machines; and

(b) the arrangement is not authorised under section 134 or by a multi-user permit.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

(1) A licensee may apply in writing to the commission for authorisation to operate a linked jackpot arrangement between gaming machines operated under the licence.

Note 1 If a form is approved under the Control Act, s 53D for an application, the form must be used.

Note 2 A fee may be determined under s 176 for this provision.

(2) The application must include details of each event by reference to which linked jackpots are to be payable under the proposed arrangement.

(3) The commission must authorise the linked jackpot arrangement if—

(a) each gaming machine proposed to be linked under the proposed arrangement—

(i) is operated under a single licence held by the applicant; and

(ii) is the same class; and

(iii) offers the same chance of winning linked jackpots as each other machine in the arrangement, if played with the same stakes; and

(b) the financial and operational aspects of the proposed arrangement are in accordance with the regulations; and

(c) the commission is satisfied, on reasonable grounds, that the proposed arrangement is satisfactory, having regard to the interests of the people playing the machines in the proposed linked jackpot arrangement.

(4) It is a condition of an authorisation under this section that—

(a) each gaming machine in the linked jackpot arrangement displays at all times a sign stating clearly—

(i) that the machine is part of a linked jackpot arrangement with other machines on the licensed premises; and

(ii) the percentage of the turnover of the machine set aside for the payment of linked jackpots; and

(b) linked jackpots be payable for the authorised arrangement by reference to the event or events set out in the application for authorisation for the arrangement.

(1) A person (including a person other than a licensee) may apply in writing to the commission for a permit (a multi-user permit) to operate a linked jackpot arrangement between gaming machines operated under 2 or more licences.

Note 1 If a form is approved under the Control Act, s 53D for an application, the form must be used.

Note 2 A fee may be determined under s 176 for this provision.

(2) The application must include details of the event or events by reference to which linked jackpots are to be payable under the proposed arrangement.

(3) The commission must issue the multi-user permit if—

(a) the commission is satisfied, on reasonable grounds, that the applicant is an eligible person; and

(b) each licensee consents to the arrangement; and

(c) each gaming machine proposed to be linked under the proposed arrangement—

(i) is the same class; and

(ii) offers the same chance of winning linked jackpots as each other machine in the arrangement, if played with the same stakes; and

(d) the financial and operational aspects of the proposed arrangement is in accordance with the regulations; and

(e) the commission is satisfied, on reasonable grounds, that the proposed arrangement is satisfactory, having regard to the interests of the people playing the machines in the proposed arrangement.

(4) A multi-user permit must state—

(a) the full name and address of the permit-holder; and

(b) the gaming machines in the linked jackpot arrangement for which the permit is issued, and the licensed premises where they are situated; and

(c) the conditions to which the permit is subject.

(1) A multi-user permit is subject to the following conditions:

(a) each gaming machine in a linked jackpot arrangement under the permit displays at all times a sign stating clearly—

(i) that the machine is part of a linked jackpot arrangement with machines on different licensed premises; and

(ii) the percentage of the turnover of the machine set aside for the payment of linked jackpots;

(b) linked jackpots are payable under the arrangement by reference to the event or events set out in the application for the permit for the arrangement;

(c) the financial and operational aspects of the arrangement must not be amended without the commission’s approval under section 138;

(d) if the permit-holder is a corporation—the permit-holder must give written notice to the commission stating any of the following changes in relation to the corporation within 1 week after the day of the change:

(i) a person becoming an influential person for the corporation;

(ii) a substantial change in the relationship of an influential person to the corporation;

(iii) a person ceasing to be an influential person for the corporation.

(2) The commission may put any other reasonable condition on a multi-user permit that the commission considers appropriate, having regard to the interests of the people playing the machines in each linked jackpot arrangement under the permit.

A multi-user permit is for the period (of up to 3 years) stated in the permit.

(1) The commission may amend a condition of a multi-user permit on its own initiative if satisfied that it is appropriate to amend the condition, having regard to the interests of the people playing the machines in the linked jackpot arrangement under the permit.

(2) The amendment takes effect on the date stated in the notice of the decision on the amendment given to the permit-holder by the commission.

(1) This section applies if a multi-user permit-holder applies in writing to the commission for an amendment of the permit to—

(a) reduce the number of gaming machines in a linked jackpot arrangement, or terminate a linked jackpot arrangement; or

(b) increase the number of gaming machines in a linked jackpot arrangement under the permit; or

(c) include a new linked jackpot arrangement under the permit; or

(d) include gaming machines on other licensed premises in a linked jackpot arrangement; or

(e) amend a condition on the permit.

Note A fee may be determined under s 176 for this provision.

(2) The commission must amend the multi-user permit, or refuse to amend the permit.

(3) The commission must not amend the multi-user permit unless satisfied—

(a) if an additional gaming machine is proposed to be included in a linked jackpot arrangement—that the additional machine—

(i) is the same class as the other machines in the arrangement; and

(ii) offers the same chance of winning linked jackpots as each other machine in the arrangement, if played with the same stakes; and

(b) if a new linked jackpot arrangement is proposed to be included under a permit—that each gaming machine to be linked—

(i) is the same class; and

(ii) offers the same chance of winning linked jackpots as each other machine in the arrangement, if played with the same stakes; and

(c) if gaming machines on other licensed premises are proposed to be included in a linked jackpot arrangement (whether or not the arrangement is an existing arrangement)—that the financial and operational aspects of the arrangement are in accordance with the regulations; and

(d) that the proposed amendment is satisfactory, having regard to the interests of the people playing the machines in each proposed linked jackpot arrangement.

(4) The amendment takes effect on the date stated in the notice of the decision on the amendment given to the permit-holder by the commission.

(1) This section applies if a multi-user permit-holder applies in writing to the commission for an amendment of a financial or operational aspect of a linked jackpot arrangement under a multi-user permit.

(2) The commission must amend the multi-user permit, or refuse to amend the permit.

(3) The commission must amend the multi-user permit in accordance with the application if—

(a) the financial and operational aspects of the arrangement, as proposed to be amended, are in accordance with the regulations; and

(b) the commission is satisfied that the proposed amendment is satisfactory, having regard to the interests of the people playing the machines in the arrangement.

(1) The holder of a multi-user permit and a person (the proposed permit-holder) to whom the permit is proposed to be transferred may apply jointly in writing to the commission for transfer of the permit.

(2) The commission must transfer the permit to the proposed permit-holder if satisfied on reasonable grounds that the proposed permit-holder is an eligible person.

(1) This section applies to a multi-user permit-holder if the permit-holder does not owe the Territory an amount under this Act.

(2) The multi-user permit-holder may surrender the permit by—

(a) giving the commission a written notice stating that the permit-holder surrenders the permit; and

(b) returning the permit to the commission.

(3) The surrender of the multi-user permit takes effect 4 weeks after the day the notice under subsection (2) (a) is given to the commission or, if the notice states a later date of effect, that date.

(1) This section applies if an amount won under a linked jackpot arrangement authorised under section 134 for a licensee or approved under section 135 is not claimed within 1 year after the day it is won.

(2) The amount is forfeited to the Territory.

(3) After the amount is forfeited, the winner of the amount—

(a) is not entitled to recover the amount from the licensee or permit-holder; and

(b) is entitled to recover the amount from the Territory within 6 years after the day the person wins the amount; and

(c) is not entitled to recover interest on the amount from the Territory.

(1) This section applies if an amount available for allocation as a prize in a linked jackpot arrangement authorised under section 134 or a multi-user permit has not been won, and cannot be won because the authorisation or permit for the arrangement has been cancelled or surrendered.

Note A permit may be cancelled under pt 4 (see s 62).

(2) The commission may approve an arrangement for the redistribution of the amount as a prize, or an addition to another jackpot, if satisfied that the arrangement is fair.

(3) However, the amount is forfeited to the Territory if—

(a) the person who held the authorisation or permit has stopped operating gaming machines; or

(b) an approval under subsection (2) has not been given for the amount 4 weeks after the day the authorisation or permit is cancelled or surrendered.

(1) An object of a club is an eligible object if—

(a) it furthers or promotes—

(i) recreation; or

(ii) social, religious, political, literary, scientific, artistic, sporting or athletic purposes; or

(iii) cultural or educational purposes; or

(b) it is approved, in writing, by the commission; or

(c) it is substantially the same as an object mentioned in paragraph (a) or (b).

(2) An approval under subsection (1) (b) is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

A club is an eligible club if—

(a) the club is incorporated in the ACT; and

(b) the club’s statement of objects—

(i) includes eligible objects; and

(ii) indicates that the eligible objects together make up the main part of its objects; and

(c) the club is conducted mainly to achieve eligible objects; and

(d) the rules of the club—

(i) are in accordance with the regulations; and

(ii) are consistent with the licence conditions under part 9; and

(iii) do not prohibit the playing of games of chance for money on the club premises; and

(e) the club has at least 300 voting members; and

(f) the number of life members of the club is not more than 5% of the number of voting members of the club; and

(g) the premises occupied by the club, and the facilities and property of the club, are kept and maintained for the benefit of members generally.

(1) The commission may, in writing, declare that an entity is an associated organisation for a club.

(2) However, the commission may make a declaration for an entity only if satisfied that—

(a) it is associated with the club; and

(b) it is not carried on for profit or gain to its members or anyone else; and

(c) it is incorporated; and

(d) its statement of objects—

(i) includes eligible objects; and

(ii) indicates that the eligible objects together make up the main part of its objects; and

(e) it is conducted mainly to achieve eligible objects; and

(f) approval of the entity as an associated organisation would not cause the club to stop being conducted mainly to achieve eligible objects.

(3) In this section—

(a) a reference to the statement of objects of an entity incorporated under the Corporations Act is a reference to its memorandum; and

(b) a reference to an eligible object of an entity that is not a club is a reference to an object that would be an eligible object if the entity were a club.

(1) This section applies if a club has an election of members to the club’s management committee or board, or another position in the club.

(2) The club commits an offence if the club does not, for the relevant period, keep records in relation to the election.

Maximum penalty: 20 penalty units.

(3) In this section:

club means a club in relation to whose premises a licence is in force.

election of someone to a position includes re-election of the person.

relevant period means 2 years after the day of the election.

(1) This section applies if the commission believes, on reasonable grounds, that a club—

(a) is no longer an eligible club; or

(b) may no longer be an eligible club.

(2) The commission may, in writing, require the club to give the commission, within a stated period, information or documents relating to the club or an associated organisation for the club.

(3) A club must comply with a requirement under subsection (2).

(4) In this section:

club means a club in relation to whose premises a licence is in force.

A person commits an offence if—

(a) the person is an executive officer of a club; and

(b) the person receives a gift while exercising a function as executive officer; and

(c) the person does not tell the management committee or the board about the gift.

Maximum penalty: 20 penalty units.

(1) The commission may, in writing, determine—

(a) the form and minimum dimensions of a notice (a warning notice); and

(b) the text of a warning notice.

1 risks associated with gambling

2 counselling or other support services available for addictive or excessive gambling

3 the provisions of this part about children

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2) If the commission makes a determination under subsection (1), a licensee must ensure that a warning notice complying with the determination is displayed in a prominent position—

(a) on each gaming machine installed on the licensed premises; and

(b) at or near each entrance to each gaming area within the licensed premises.

(3) A licensee commits an offence if the licensee contravenes a requirement of subsection (2).

Maximum penalty: 5 penalty units.

(4) An offence against subsection (3) is a strict liability offence.

(5) A determination under subsection (1) is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

(6) Unless the determination is disallowed by the Legislative Assembly, the determination commences—

(a) 2 weeks after the last day when it could have been disallowed; or

(b) if the determination provides for a later commencement—on that later commencement.

(1) A licensee commits an offence if the licensee displays, or causes to be displayed, an external sign advertising gaming machines or promoting a gambling activity on the licensed premises.

Maximum penalty: 50 penalty units.

(2) An offence against subsection (1) is a strict liability offence.

(3) In this section:

external sign, for licensed premises, means a sign that can be seen from outside the licensed premises, but does not include an advertisement on television (other than closed-circuit television) or on the internet.

a written, electronic or physical display, picture or symbol

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

gambling activity means an activity that requires approval under a gaming law.

(1) A licensee commits an offence if the licensee provides, or allows the provision of, a cash facility in a gaming area within the licensed premises.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

(2) If the commission is satisfied that there is not adequate physical separation between a gaming area of licensed premises and a cash facility on the premises, the commission may give the licensee a written direction to separate the parts of the premises.

by installing barriers

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(3) A licensee must comply with a direction under subsection (2).

(4) In this section:

cash facility—

(a) means—

(i) an automatic teller machine; or

(ii) an EFTPOS facility; or

(iii) any other facility for gaining access to cash or credit; but

(b) does not include a facility where cash is exchanged for other denominations of cash, tokens, tickets or cards for the purpose of playing machines.

(1) A person commits an offence if—

(a) the person is a licensee or licensee’s employee; and

(b) the person—

(i) lends or offers to lend money to a person who is in, or appears to be about to enter, the licensed premises or part of them; or

(ii) extends or offers to extend credit to a person to allow the person to play a gaming machine on the licensed premises.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

(2) In this section:

credit includes accepting postdated cheques, blank cheques and credit and debit cards.

(1) A licensee commits an offence if the licensee allows a child to enter or remain in a gaming area.

Maximum penalty: 50 penalty units.

(2) An employee of a licensee commits an offence if the employee allows a child to enter or remain in a gaming area.

Maximum penalty: 50 penalty units.

(3) An offence against this section is a strict liability offence.

(1) A licensee commits an offence if the licensee allows a child to play a gaming machine.

Maximum penalty: 50 penalty units.

(2) An offence against this section is a strict liability offence.

(1) A person commits an offence if the person uses someone else’s identification or a form of identification that is forged—

(a) to obtain entry to or remain in a gaming area on licensed premises; or

(b) to play a gaming machine.

Maximum penalty: 10 penalty units.

(2) An offence against this section is a strict liability offence.

(1) A licensee must, as soon as practicable (but no later than 6 months) after the end of each financial year ensure that—

(a) the accounts relating to the operation of gaming machines on the licensed premises during the year are audited by a qualified accountant; and

(b) an income and expenditure statement is prepared for the year relating to—

(i) the operation of gaming machines on the licensed premises; and

(ii) if the licensee is a club—the club’s financial operations.

(2) A licensee must, as soon as practicable (but no later than 1 month) after the preparation of an income and expenditure statement under subsection (1), give the commission a copy of the statement certified as correct by the person who prepared it, together with a report stating, as at the end of the period to which the statement relates—

(a) the class, number and kind of gaming machines installed on the licensed premises; and

(b) if the licensee is a club—the number of club members; and

(c) any other details the commission requires in writing.

(1) Gaming machine tax is payable on the gross revenue in relation to the operation of gaming machines each month, whether or not the operation is lawful.

(2) The Minister may, in writing, determine the rate at which gaming machine tax is payable.

(3) A determination under subsection (2) is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

(1) Gaming machine tax in relation to the operation of a gaming machine must be paid by—

(a) in relation to a machine operated lawfully—the licensee; or

(b) in relation to a machine operated unlawfully—

(i) the person receiving the gross revenue; or

(ii) the occupier of the premises where the machine is operated.

(2) If subsection (1) (b) applies, the person receiving the gross revenue from the operation of the relevant gaming machine and the occupier of the premises where the machine is operated are jointly and severally liable to pay tax under subsection (1).

(3) Gaming machine tax in relation to the operation of a gaming machine during a month is payable on the 7th day after the end of the month.

(1) Within 1 week after the end of a month, a licensee must give the commission a return relating to the gross revenue in relation to the operation of gaming machines during that month under the licence.

(2) A return must be in writing.

Note If a form is approved under the Control Act, s 53D for a return, the form must be used.

(3) To remove any doubt, the return may be given by emailing it to the commission.

(1) If a licence is transferred, the person (the transferor) from whom the licence is transferred must pay the commission the prescribed amount within 1 week after the date of transfer.

(2) In this section:

licensed period means the period beginning on the 1st day of the month when the transfer happens and ending on the date of transfer.

prescribed amount means the amount of gaming machine tax that would be payable in relation to the licensed period if the transferor did not transfer the licence.

(1) The commission may approve contributions made by a licensee to a stated entity for a stated purpose as community contributions if satisfied the contributions will have the effect of—

(a) contributing to or supporting the development of the community; or

(b) raising the standard of living of the community or part of the community.

1 charitable and social welfare

2 sport and recreation

3 non-profit activities

4 community infrastructure

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2) The regulations may make provision in relation to contributions, including—

(a) guidelines for approving contributions as community contributions; and

(b) how contributions may be claimed.

A capital payment may be claimed proportionately over a number of years.

(3) In this section:

community includes a community outside the ACT.

contribution, by a licensee—

(a) includes the value of a contribution made in kind by the licensee; but

(b) does not include the following:

(i) expenditure on commercial activities, or, if the licensee is a club, on the social or entertainment activities of the club for its members;

(ii) expenditure intended to promote the licensee’s activities;

(iii) expenditure in relation to gambling (for example, the purchase of gaming machines);

(iv) capital payments for assets owned, controlled or being acquired by the licensee or an associated entity that are not available to be used by the public;

(v) capital payments or other expenditure on assets owned, controlled or being acquired by the licensee, if the assets are not in the ACT;

(vi) notional provisions (for example, long service and annual leave), other than depreciation;

(vii) a contribution made out of donations collected by the licensee, or out of the proceeds of any special fundraising activity conducted by the licensee;

(viii) a contribution to a business association, registered party, associated entity or trade union;

(ix) if a contribution is made on a condition—the value to the licensee of that condition being fulfilled;

(x) if an asset is otherwise a contribution—the value of any income earned from the asset (for example, entry or hiring fees);

(xi) a contribution made to another licensee under a reciprocal arrangement or agreement;

(xii) the cost of borrowing funds to acquire an asset.

(1) A licensee must record each community contribution made by the licensee, stating—

(a) the entity to which, and the purpose for which, each contribution was made; and

(b) the amount or value of the contribution and the date when, or period over which, it was made.

Maximum penalty: 20 penalty units.

(2) To remove any doubt, a record must relate to single licensed premises.

(3) An offence against this section is a strict liability offence.

(1) Within 1 month after the end of a financial year, a licensee must give the commission a copy of the records kept under section 164 that relate to the financial year, together with a financial report for the financial year.

Maximum penalty: 20 penalty units.

(2) In this section:

financial report means a report about the following:

(a) the gross revenue of the licensee;

(b) if the licensee is a club—the net revenue of the licensee;

(c) the total value of community contributions.

Note If a form is approved under the Control Act, s 53D for a financial report, the form must be used.

Within 4 months after the end of the financial year, the commission must give the Minister a report—

(a) summarising the extent of compliance by licensees with section 164 and section 165 for the financial year; and

(b) analysing the extent to which revenue received by licensees was being used to make community contributions during the financial year.

The Minister must present a report given to the Minister under section 166 to the Legislative Assembly within 6 sitting days after the day the Minister receives the report.

(1) For a licensee that is a club, the required community contribution for a financial year is the required percentage of the club’s net revenue for the financial year.

(2) In subsection (1):

required percentage, for a club, means—

(a) 7%; or

(b) if the Minister determines a different percentage under subsection (3) for the club—that percentage.

(3) The Minister may, in writing, determine a lower required community contribution for a club if satisfied, on application by the club, that—

(a) the gross revenue of the club for a financial year is, or is likely to be, less than $200 000; and

(b) if the required percentage for the club were 7%, the application of subsection (1) to the club would so seriously affect the club’s viability that it would not be just and equitable in the circumstances for that subsection to apply to the club.

(4) A determination under subsection (3) is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

(1) This section applies to a club that is a licensee if a corporation owns the club and at least 1 other club that is a licensee.

(2) In working out the community contributions for the club, common expenditure on behalf of the different clubs must be allocated between the clubs in proportion to the number of gaming machines operated by each club.

(1) For every $3 of women’s sport community contributions that a licensee contributes to an entity under section 163 (1), the licensee’s required community contributions must be worked out as if the licensee had contributed $4.

(2) In this section:

women’s sport community contributions means community contributions that the commission is satisfied will benefit or enhance women’s sport conducted in the ACT, or with participants mainly based in the ACT.

(1) Tax (the community contribution shortfall tax) is imposed on a community contribution shortfall of a licensee that is a club at the rate of 100%.

(2) The licensee must pay the community contribution shortfall tax.

(3) Community contribution shortfall tax is payable 30 days after the day the licensee receives an assessment under the Control Act, part 6.

(4) If an amount of community contribution shortfall tax is paid, the commission must transfer the amount to the grants program fund or, if another fund is prescribed under the regulations, that fund.

(5) In this section:

community contribution shortfall, for a licensee that is a club in relation to a financial year, means the amount (if any) by which the club’s community contributions fall short of its required community contribution.

(1) Application may be made to the AAT for review of a reviewable decision.

(2) If the commission makes a reviewable decision, the commission must give a written notice of the decision to each person affected by the decision.

(3) The notice must be in accordance with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1).

(4) In this section:

reviewable decision means a decision by the commission mentioned in schedule 1.

(1) In this section:

person means an individual.

Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.

representative, of a person, means an employee or agent of the person.

state of mind, of a person, includes—

(a) the person’s knowledge, intention, opinion, belief or purpose; and

(b) the person’s reasons for the intention, opinion, belief or purpose.

(2) This section applies to a prosecution for any offence against this Act.

(3) If it is relevant to prove a person’s state of mind about an act or omission, it is enough to show—

(a) the act was done or omission made by a representative of the person within the scope of the representative’s actual or apparent authority; and

(b) the representative had the state of mind.

(4) An act done or omitted to be done on behalf of a person by a representative of the person within the scope of the representative’s actual or apparent authority is also taken to have been done or omitted to be done by the person.

(5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.

(6) A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4).

(1) A licence must not be issued in relation to premises at Canberra Airport.

(2) An approval must not be given under section 100 for the acquisition of a gaming machine to be operated at Canberra Airport.

(3) In this section:

Canberra Airport means block 3, sections 17 and 28, division of Pialligo in the district of Majura, and blocks 587, 594, 595, 614 and 660 in that district.

In a prosecution for an offence against this Act, a certificate issued by the commission stating that the person named in the certificate was or was not the holder of a licence on the date, or during the period, stated in the certificate is evidence of the matters so stated.

(1) The Minister may, in writing, determine fees for this Act.

Note The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).

(2) A determination is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

(1) The Executive may make regulations for this Act.

Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.

(2) The regulations may make provision in relation to the following:

(a) the operation (including the restriction of the operation) of peripheral equipment for gaming machines;

(b) the minimum payout for gaming machines.

(3) The regulations may create offences for contraventions of the regulations and fix maximum penalties of not more than 10 penalty units for offences against the regulations.

(1) This Act amends the Gambling and Racing Control Act 1999 in schedule 2.

(2) This Act repeals the following legislation:

• Gaming Machine Act 1987 A1987-34

• Gaming Machine Regulations 1987 SL1987-7

• Gaming Machine Act 1987 Approval DI2001-168

• Gaming Machine Act 1987 Determination DI2000-232

• Gaming Machine Act 1987 Determination of Fees DI1999-280

• Gaming Machine Act 1987 Determination of Fees DI2000-211

• Gaming Machine Determination 1998 DI1998-179

• Gaming Machine (Guidelines for Approving Community Contributions—Women’s Sports) 2002 (No 1) DI2002-119

• Gaming Machine (Required Community Contributions) Determination 2002 (No 1) DI2002-164

• Gaming Machine (Social Impact Assessments) Guidelines 2004 (No 1) DI2004-30.

In this part:

commencement day means the day the Gaming Machine Act 1987 is repealed.

former gaming Act means the Gaming Machine Act 1987.

(1) A licence under the former gaming Act is taken to be a licence under this Act.

(2) To remove any doubt, the conditions of a licence mentioned in subsection (1) includes the conditions included in a licence under this Act.

(3) The rules adopted by the licensee under the former Act are taken to be the licensee’s rules under this Act.

(1) This section applies if a club that had a licence under the former gaming Act has less than 300 voting members on commencement day.

(2) The commission must, by written notice to the club, cancel the club’s licence under this Act if, 1 year after commencement day, the club does not have 300 or more voting members.

(3) In deciding whether the club is an eligible club for this Act, section 146 (e) may not be taken into account in relation to the club for 1 year after commencement day.

(1) This section applies to a person (the licensee) who was a licensee under the former gaming Act immediately before commencement day.

(2) The licensee must, within 6 months after commencement day, give the commission a copy of the rules and control procedures the licensee has adopted to control the operation of gaming machines on the licensed premises.

(3) If the commission is not satisfied that the rules and control procedures adequately control the operation of gaming machines on the licensed premises, the commission may give the licensee a direction in relation to the rules and procedures.

(4) The licensee must comply with the direction.

(5) Section 43 (Rules and control procedures for operation of gaming machines) does not apply to the person until the earlier of the following:

(a) the day the licensee adopts the rules and control procedures;

(b) 6 months after commencement day.

(6) A decision to give a direction under subsection (3) is taken to be a reviewable decision.

(1) This section applies if—

(a) the commission had begun to take disciplinary action against a person under the former gaming Act, division 4.3 (Disciplinary action by commission); and

(b) immediately before commencement day, the disciplinary action had not finished.

(2) The disciplinary action may be continued under this Act as if it had been begun under this Act.

(3) If something required to be done under this Act for disciplinary action has not been done because it was not required to be done under the former gaming Act—

(a) the failure to do the thing does not affect the action being taken; and

(b) the commission may take any action it considers appropriate to facilitate dealing with the disciplinary action under this Act.

(1) This section applies if the commission had approved—

(a) an amendment or transfer of a licence or approval; or

(b) a gaming area, gaming machine, supplier, technician or attendant.

(2) The approval is taken to be an approval under this Act.

(1) This section applies if, immediately before commencement day, a club was approved to operate a linked jackpot arrangement under the former gaming Act, section 45A.

(2) The club is taken to be authorised under section 134 to operate the arrangement.

(1) This section applies to a club that—

(a) was a licensee on 30 June 2000; and

(b) had a corrected gross revenue of less than $500 000 in the financial year ending 30 June 2000.

(2) Section 146 (a) does not apply to the club until the relevant period after a later financial year in which the club has a gross revenue of $500 000 or more.

(3) In this section:

corrected gross revenue—if the club is a licensee for only a fraction (F) of a financial year, and has a gross revenue for that time of R, the club’s corrected gross revenue for the year is R/F.

relevant period means 6 months or any longer period (of not more than 2 years) that the commission allows in writing on the application of the club.

(1) This section applies to a club if, on 1 January 1992, more than 5% of the voting members of the club were life members.

(2) The eligibility of the club is not to be taken to be affected only because it does not satisfy section 146 (f).

(3) However, the club stops being an eligible club if—

(a) more than 5% of the voting members of the club are life members; and

(b) the club grants life membership to another voting member.

This part expires 1 year after commencement day.

(b) in relation to the Commonwealth, a State, another Territory or a foreign country, (the other jurisdiction)—means a law of the other jurisdiction that relates to gaming or racing.

or another Territory

, another Territory or New Zealand

(f) the Gaming Machine Act 2004;

7 To remove any doubt, a member of the commission who has taken part in a decision to reprimand a person under a gaming law is not prevented from taking part in a decision about whether further disciplinary action should be taken under that law for contravention of a direction included in the reprimand, only because the member took part in the decision to give the reprimand.

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:

• AAT

• ACT

• adult

• appoint

• child

• Commonwealth

• contravene

• Corporations Act

• Criminal Code

• disallowable instrument

• Executive

• fail

• found guilty

• gambling and racing commission

• individual

• law, of the Territory

• Legislation Act

• may (see s 146)

• must (see s 146)

• penalty unit (see s 135)

• prescribed

• regulations

• the Territory

• under.

acquire a gaming machine, means take possession of the machine for the purpose of using it for gaming.

acquisition approval application—see section 99.

approval certificate—

(a) for an approved technician—see section 80 (2) (a) (Certificates and identity cards for approved technicians);

(b) for an attendant—see section 92 (2) (a) (Certificates for approved attendants).

approved attendant means an attendant approved under section 86 (Approval of attendants) or section 87 (Short-term approval of attendants).

approved gaming machine means a gaming machine approved under section 69.

approved supplier means a supplier approved under section 72.

approved technician means a technician approved under section 75 (Approval of technicians) or section 76 (Short-term approval of technicians).

associated entity—see the Electoral Act 1992, section 198.

associated organisation, for a club, means an entity declared to be an associated organisation under section 147.

authorised officer means an authorised officer under the Control Act, section 20.

centralised monitoring system (or CMS)—see section 66.

certificate of suitability—see section 17 (2) (b).

charitable organisation means a body, whether or not incorporated, formed or carried on mainly for charitable, benevolent, philanthropic or religious purposes, but does not include a body formed or carried on for the purpose of trading or gaining a financial profit for its members.

class B gaming machine means a gaming machine consisting of the game of draw poker, or a game derived from draw poker, that requires player interaction or intervention as part of the fundamental game operation.

class C gaming machine means a gaming machine that consists of a game other than the following games or games derived from them:

(a) roulette;

(b) blackjack;

(c) sic bo;

(d) craps;

(e) pai gow;

(f) baccarat;

(g) two-up;

(h) money wheel;

(i) draw poker.

club means a corporation established for the benefit of members to achieve eligible objects.

CMS—see definition of centralised monitoring system.

community contribution means a contribution made by a licensee that is approved as a community contribution under section 163.

community contribution shortfall tax—see section 171 (1).

computer cabinet means the sealable part of a gaming machine that contains the game storage medium and the random access memory.

constitution means—

(a) for a club that is a company—the memorandum, and any articles of association, of the company; or

(b) for a club that is an incorporated association—the statement of objects and the rules of the association.

contribution means any money, benefit, valuable consideration or security.

Control Act means the Gambling and Racing Control Act 1999.

control procedures, for an entity, means the procedures under section 97.

corporation includes a club.

current licensee, for division 2.6 (Transfer and surrender of licences)—see section 31 (1).

disciplinary action—see section 58.

disciplinary notice—see section 61.

dispose of a gaming machine includes the following:

(a) lease or hire the machine to a person;

(b) destroy the machine;

(c) make the machine inoperable.

eligible club—see section 146.

eligible object—see section 145.

eligible person—

(a) for an individual—see section 20;

(b) for a corporation—see section 21.

employ includes engage.

executive officer, of a corporation, means a person, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management.

financial arrangement—see section 101.

game, in relation to a gaming machine, means a play, or a series of plays, initiated by the application of a single stake registered on the machine.

gaming area means a room or other area within licensed premises approved under section 120 for the installation of gaming machines.

gaming machine—

(a) means a machine—

(i) designed for playing a game of chance, or of mixed chance and skill; and

(ii) designed to be played completely or partly by—

(iii) the insertion of 1 or more coins, notes or tokens; or

(iv) by the application of a monetary credit registered on the machine or elsewhere; and

(v) that offers, or that appears to offer, people a chance to win monetary or other valuable consideration by playing the machine; but

(b) does not include a device prescribed under the regulations.

gaming machine tax means the tax imposed by section 159.

general licence means a general licence under the Liquor Act 1975.

Note For the classes of liquor licences see the Liquor Act 1975, s 44.

gross revenue, of a licensee or person, means all revenue derived by the licensee or person from the operation of gaming machines, other than—

(a) the amount of winnings for playing the machines paid or payable in accordance with the machines’ indicated prize scales (excluding linked jackpots); and

(b) any amount set aside under a linked jackpot arrangement for the payment of linked jackpots.

ground for disciplinary action against a licensee—see section 57.

incorporated association means an association incorporated under the Associations Incorporation Act 1991.

influential person, for a corporation—see section 7.

initial licence application—see section 9.

inquiry means an inquiry held by the commission under the Control Act.

jackpot, in relation to a gaming machine, means the combination of letters, numbers, symbols or representations as part of a game on the machine that pays the maximum winnings payable on the machine for any 1 combination.

licence means—

(a) a gaming machine licence issued under this Act; and

(b) in relation to a person authorised under section 134—the authorisation; and

(c) in relation to a permit-holder under part 8 (Linked jackpot arrangements)—a multi-user permit.

licence amendment application—see section 9.

licensed premises means premises for which a licence is in force.

licensee means—

(a) in relation to a licence—the holder of the licence; and

(b) in relation to licensed premises—the holder of the licence in force for the premises; and

(c) for part 4 (Disciplinary action)—see section 56.

life member, of a club, means a person who is elected to membership of the club for life under the rules of the club.

linked jackpot means winnings under a linked jackpot arrangement operated in accordance with an authorisation or permit under part 8.

linked jackpot arrangement means an arrangement under which 2 or more gaming machines are linked to a device—

(a) that, from time to time, records the amount payable as winnings under the arrangement; and

(b) that, for the purpose of recording the amount mentioned in paragraph (a), receives messages from each machine to which it is linked; and

(c) that cannot affect the percentage payout of, or transmit a message to, a machine to which it is linked.

local jurisdiction means a State or New Zealand.

machine access register—see section 71.

maintain a gaming machine includes repair, adjust or alter the machine.

member, of a club, means—

(a) a member who, under the rules of the club, is required to pay fees; or

(b) a life member.

multi-user permit—see section 135.

net revenue, of a licensee that is a club, means gross revenue derived by the licensee, less—

(a) any amount of gaming machine tax payable on that revenue; and

(b) 15% of the gross revenue.

officer of a club—

(a) means—

(i) any office-holder of the club (however described), including the secretary, treasurer, executive officer or public officer; or

(ii) anyone else concerned in or who takes part in the management of the club’s affairs; but

(b) does not include a patron or the holder of another honorary office of the club if the office does not give its holder a right to take part in the management of the club’s affairs.

on licence means a general licence under the Liquor Act 1975.

Note For the classes of liquor licences see the Liquor Act 1975, s 44.

operator, of relevant premises, means the person who manages the premises.

percentage payout, for a gaming machine, means the percentage payout authorised for the machine under the licence.

peripheral equipment, for a gaming machine—see section 68.

permit-holder means the holder of an interclub permit.

proposed gaming area, in relation to an application—see section 11 (2) (b).

prospective licensee, for division 2.6 (Transfer and surrender of licences)—see section 31 (1).

qualified accountant means—

(a) a member of the Institute of Chartered Accountants in Australia, the National Institute of Accountants or the Australian Society of Certified Practising Accountants; or

(b) a person registered as a registered company auditor under the Corporations Act.

registered party—see the Electoral Act 1992, dictionary.

relevant premises means the premises for which a person has applied for a licence.

repossession of a gaming machine includes taking possession of the machine under a default provision in a financial agreement.

required community contribution, for a licensee that is a club—see section 168 (1).

rules, for an entity, means the rules mentioned in section 11 (2) (c).

secretary, in relation to a club, includes a person concerned in the management of the club.

short-term approval—

(a) for an attendant—see section 87 (3); and

(b) for a technician—see section 76 (3).

statement of objects of a club, means—

(a) for a company—the memorandum of the company; or

(b) for an incorporated association—the statement of objects of the association.

social impact assessment, for an initial licence application or an amendment licence application, means a social impact assessment for the application under division 2.3.

technical evaluation means a technical evaluation under section 69.

Presentation speech made in the Legislative Assembly on 2004.

Notified under the Legislation Act on 2004.

For the latest republication of amended laws, see www.legislation.act.gov.au.