- Act 94 of 1993 - Royal Assent 17 December 1993 TABLE OF PROVISIONS Long Title PART 1 - Preliminary 1. Short title 2. Commencement 2A. Object of Act 3. Interpretation 4. Meaning of "associate" 4A. Meaning of "lottery" 4B. Meaning of "major lottery" 4C. Sale in Tasmania defined 4D. Meaning of totalizator 4E. Location of gaming equipment taken to be in casino or licensed premises 5. Act to bind Crown PART 1A - Gaming and related activities prohibited in certain circumstances 5A. Gaming and related activities prohibited in certain circumstances 5B. Proceeds of illegal game, &c., to be forfeited PART 2 - 2003 Deed 6. Revocation of 2003 Deed 7. Section 7 PART 3 - Licensing of Casinos and Keno Operations 8. Gaming in licensed casinos declared lawful 9. Conduct of keno by keno operator declared lawful 10. Authority conferred by general casino licence 11. Authority conferred by high-roller casino licence 12. Authority conferred by keno operator's licence 13. Offence to breach licence conditions 13A. Granting of general casino licence 13B. Granting of high-roller casino licence 13C. Granting of keno operators licence 14. Amendment of conditions 15. Commission to define casino and keno operator premises 16. Duration of licence 16A. Renewal of casino licence or keno operators licence 17. Mortgage, &c., of licence 18. Financial accommodation 19. Licensing under the Liquor Licensing Act 1990 20. Section 20 21. Surrender of licence 22. Action to be taken if casino licence or keno operators licence cancelled, &c. 22A. Application for casino or keno operators licence 23. Matters to be considered in determining application 24. Investigation of application 25. Commission may require further information, &c. 26. Cost of investigations to be paid by applicant 27. Updating of application 28. Determination of application 29. Licence cannot be granted without Minister's approval 29A. New licence cannot take effect until former licence expires 30. Change in situation of licensed operator PART 4 - Licensing of Venue Operators, Monitoring Operators, Employees and Technicians and Listing of Manufacturers Division 1 - General 31. Gaming in certain licensed premises declared lawful 32. Authority conferred by venue licence 33. Authority conferred by monitoring operators licence 34. Authority conferred by special employee's licence 35. Authority conferred by technician's licence Division 2 - Venue licence 35A. Interpretation 36. Application for venue licence 37. Grounds for objection 38. Matters to be considered in determining application 39. Investigation of application 40. Commission may require further information, &c. 40A. Cost of investigations to be paid by applicant 41. Updating of application 42. Determination of application 43. Transfer of venue licence 43A. Surrender of venue licence 43B. Renewal of venue licence 44. Amendment of venue licence and conditions 45. Notification of certain applications concerning liquor licence 46. Modification of gaming areas 47. Section 47 47A. Section 47A 48. Provisional licence 48A. Transfer of gaming machine authority 48B. Increase in number of gaming machine authorities held in respect of licence 48C. Reduction in number of gaming machine authorities held in respect of licence Division 2A - Monitoring operator's licence 48D. Interpretation of Division 48E. Functions of monitoring operators 48F. Monitoring operators to be licensed 48G. Minister may invite expressions of interest for initial monitoring operator's licence 48H. Application for subsequent monitoring operator's licence 48I. Matters to be considered in determining application 48J. Investigation of application 48K. Commission may require further information, &c. 48L. Cost of investigations to be paid by applicant 48M. Updating of application 48N. Determination of application 48O. Issue of monitoring operator's licence 48P. Surrender of monitoring operator's licence 48Q. Change in situation of monitoring operator 48R. Commission to define monitoring operator's premises 48S. New licence cannot take effect until former licence expires 48T. Duration of monitoring operator's licence 48U. Renewal of monitoring operator's licence 48V. Suspension or cancellation of monitoring operator's licence in extraordinary circumstances 48W. Amendment of conditions 48X. Rights associated with, and control of, electronic monitoring system information 48Y. Approval of electronic monitoring systems 48Z. Regulations Division 3 - Special employee's licence 49. Interpretation 50. Special employees to be licensed 51. Application for special employee's licence 52. Updating of application 53. Commission may require further information, &c. 54. Application to be investigated 55. Determination of application 56. Conditions of special employee's licence 56A. Replacement special employee's licence 57. Identification 58. Provisional special employee's licence 59. Duration of special employee's licence 60. Renewal of special employee's licence 61. Section 61 62. Section 62 63. Section 63 64. Termination of employment on suspension or cancellation of licence 65. Provision of information relating to special employee Division 4 - Technician's licence 66. Interpretation 67. Only licensed technicians to repair, &c., gaming equipment 68. Application of Division 3 69. Offences Division 5 - Manufacturers, suppliers and testers of gaming equipment 69A. Interpretation of Division 69B. Authority conferred by listing on Roll 70. Roll of Recognized Manufacturers, Suppliers and Testers of Gaming Equipment 71. Application to be listed on Roll 72. Cost of investigations to be paid by applicant 73. Objections 73A. Updating of application 74. Determination of application 75. Listing on Roll subject to conditions 75A. Removal from Roll in certain cases 75B. Expiry and renewal of listing on Roll 75C. Variation of listing on Roll 76. Payments, &c., to operator unlawful PART 4A - Gaming and wagering under Tasmanian gaming licence Division 1 - Lawful and unlawful activities 76A. Lawful activities 76B. Offence to conduct gaming business without endorsed Tasmanian gaming licence Division 2 - Application for, and determination of, Tasmanian gaming licence 76C. Application for Tasmanian gaming licence 76D. Consideration of application 76E. Refund of application fee 76F. Excess costs of application 76G. Investigation of application 76H. Updating of application 76I. Determination of application 76J. Suitability of person to hold a Tasmanian gaming licence 76K. Suitability of associates 76L. Issue of Tasmanian gaming licence 76M. Form of Tasmanian gaming licence 76N. Form of gaming endorsement Division 3 - Application for, and determination of, new gaming endorsement 76O. Application for new gaming endorsement 76P. Investigation, processing and determination of application for new gaming endorsement 76Q. Costs of processing application for new gaming endorsement 76R. Endorsing Tasmanian gaming licence with new gaming endorsement Division 4 - Tasmanian gaming licence 76S. Authority of Tasmanian gaming licence with sports betting endorsement 76T. Authority of Tasmanian gaming licence with race wagering endorsement 76U. Authority of Tasmanian gaming licence with simulated gaming endorsement 76UA. Authority of Tasmanian gaming licence with simulated racing event endorsement 76V. Authority of Tasmanian gaming licence with major lottery endorsement 76VA. Authority of Tasmanian gaming licence with betting exchange endorsement 76VB. Authority of Tasmanian gaming licence with totalizator endorsement 76VC. Authority of Tasmanian gaming licence with agent endorsement 76W. Section 76W 76X. Tasmanian gaming licence subject to conditions 76XA. Additional conditions on Tasmanian gaming licence with gaming endorsement 76XB. Additional conditions on Tasmanian gaming licence with betting exchange endorsement 76XC. Additional conditions on Tasmanian gaming licence with totalizator endorsement 76Y. When Tasmanian gaming licence and gaming endorsement take effect 76Z. Period of Tasmanian gaming licence 76ZA. Tasmanian gaming licence not transferable 76ZB. Variation of Tasmanian gaming licence, &c. 76ZC. Renewal of Tasmanian gaming licence 76ZD. Section 76ZD 76ZE. Section 76ZE 76ZF. Section 76ZF 76ZG. Section 76ZG Division 5 - Betting exchange operations Subdivision 1 - Introductory 76ZDA. Application of Division 76ZDB. Interpretation of Division Subdivision 2 - Licensing provisions 76ZDC. Section 76ZDC 76ZDD. Betting exchange commission Subdivision 3 - Licensing of employees 76ZDE. Certain employees to be issued with special employee's licence 76ZDF. Certain employees to be issued with technician's licence Subdivision 4 - Miscellaneous 76ZDG. Offshore computer equipment 76ZDH. Section 76ZDH 76ZDI. Section 76ZDI 76ZDJ. Section 76ZDJ 76ZDK. Section 76ZDK Subdivision 5 - Offences 76ZDL. Restrictions on brokered wagering 76ZDM. Restrictions on wagering by interested persons Division 5A - Totalizator operations Subdivision 1 - Introductory 76ZEA. Application of Division 76ZEB. Interpretation of Division Subdivision 2 - Licensing arrangements 76ZEC. Special limitations 76ZED. Initial totalizator endorsement 76ZEE. Second totalizator endorsement 76ZEF. Section 76ZEF 76ZEG. Authorised rates of totalizator commission 76ZEH. Totalizator dividends and their calculation Subdivision 3 - Licensing of employees 76ZEI. Certain employees to be issued with special employee's licence 76ZEJ. Certain employees to be issued with technician's licence Subdivision 4 - Totalizator gaming equipment and control systems 76ZEK. Gaming equipment, &c., of initial totalizator operator 76ZEL. Gaming equipment, &c., of second totalizator operator Division 6 - End of Tasmanian gaming licence 76ZH. When Tasmanian gaming licence ends 76ZI. Surrender of Tasmanian gaming licence or gaming endorsement 76ZJ. Continuation of Tasmanian gaming licence after death, &c. Division 7 - Player protection Subdivision 1 - General protection 76ZK. Self-limit on wagers by player 76ZL. Self-limit on deposits by player 76ZM. Licensed provider not to act as credit provider 76ZN. Complaints about licensed providers Subdivision 2 - Exclusion 76ZNA. Interpretation 76ZNB. Self-exclusion from wagering with licensed provider 76ZNC. Third-party exclusion from wagering with licensed provider 76ZND. Revocation of TGL exclusion orders 76ZNE. Licensed provider to keep register of excluded persons 76ZNF. Restrictions on wagering with excluded persons 76ZNG. Transitional exemption for certain licensed providers Division 8 - Duties in respect of player's funds 76ZO. Remitting funds of active player 76ZP. Remitting funds of inactive player 76ZQ. Limits on use of player's funds 76ZQA. Freezing wagering funds held by licensed provider 76ZQB. Freezing wagering funds held by third party Division 9 - Duties and powers in respect of prizes 76ZR. Claims for prize 76ZRA. Unclaimed winnings, &c. 76ZS. Unclaimed non-monetary prize 76ZT. Power to withhold prize Division 10 - General duties and powers of licensed providers 76ZU. Keeping register of players 76ZV. Restrictions on who may wager 76ZW. Prohibition on licensed provider self-wagering 76ZX. Restrictions on conduct of gaming activity 76ZY. Restriction on accepting new associate 76ZZ. Totalizator Agencies (approved outlets) 76ZZAAA.Totalizator operator approved outlets 76ZZAAB.Commission oversight of approved outlets 76ZZAA. Section 76ZZAA 76ZZAB. Betting discounts Division 11 - Miscellaneous 76ZZA. Prohibition on advertising and promotion of simulated gaming 76ZZB. Prohibition on altering Tasmanian gaming licence 76ZZC. Prohibition on licensed technician and special employee wagering 76ZZD. Commission may restrict participation in gaming activities by gaming official 76ZZE. Installation and storage of gaming equipment by licensed provider 76ZZF. Approval of games 76ZZG. Approval of gaming equipment 76ZZGA. Section 76ZZGA 76ZZH. Withdrawal of approval of gaming equipment 76ZZI. Approval of control system 76ZZIA. Emergency approval of modification to control system or gaming equipment PART 4B - Minor gaming conducted for charitable purposes Division 1 - Minor gaming conducted for charitable purposes lawful 76ZZJ. Minor gaming conducted for charitable purposes lawful Division 2 - Authorised games 76ZZK. Authorised game and rules of the game 76ZZL. Availability of authorised games list and rules of games 76ZZM. Commission to act in accordance with agreements between Crown and licence holder Division 3 - Minor gaming permit 76ZZN. Application for minor gaming permit 76ZZO. Grant of minor gaming permit 76ZZP. Authority of minor gaming permit 76ZZQ. Period of minor gaming permit 76ZZR. Surrender of minor gaming permit 76ZZS. Amendment of minor gaming permit Division 4 - Duties of minor gaming operators 76ZZT. Duty to comply with conditions and rules of game 76ZZU. Duty to notify change of address PART 4C - Sale of Tickets in Foreign Games Division 1 - Preliminary 77. Interpretation of Part 4C Division 2 - Sale of tickets in foreign game 77A. Sale of tickets in foreign game restricted Division 3 - Application for, and determination of, foreign games permit 77B. Application for foreign games permit 77C. Consideration of application 77D. Refund of application fee 77E. Excess costs of application 77F. Investigation of application 77G. Updating of application 77H. Determination of application Division 4 - Foreign games permit 77I. Issue of foreign games permit 77J. Authority of foreign games permit 77K. Foreign games permit subject to conditions 77L. When foreign games permit takes effect 77M. Period of foreign games permit 77N. Foreign games permit not transferable 77O. Variation of foreign games permit and conditions 77P. Renewal of foreign games permit Division 5 - End of foreign games permit 77Q. When foreign games permit ends 77R. Surrender of foreign games permit 77S. Continuation of foreign games permit after death, &c. Division 6 - Accredited representatives 77T. When person becomes accredited representative 77U. Notification of cessation of position as accredited representative PART 5 - Control of Gaming Division 1 - Gaming control relating to approved venues 77. Section 77 77V. Approval of certain contracts by Commission 78. Rectification order as precursor to disciplinary action 79. Approval of keno rules 80. Approval of gaming machine types and games 81. Approval of other gaming equipment 82. Purchase of gaming equipment from person not listed on Roll 83. Withdrawal of approval 84. Approval of jackpots and linked jackpot arrangements 85. Removal of jackpot prize pool from venue 86. Gaming prohibited on unprotected devices 87. Unlawful interference with gaming equipment 88. Section 88 89. Profits from gaming machines 90. Installation and storage of gaming equipment 91. The Commission's rules 92. Rules to be displayed and enforced 93. Section 93 94. Credit, &c. 95. Gaming tokens 96. Electronic monitoring system to be in place 97. Malfunction of gaming equipment 97A. Complaints regarding gaming and gaming equipment 98. Defective gaming equipment not allowed 99. Removal of certain persons 100. Detention of suspected persons 101. Injunctions to prevent contraventions, &c. Division 1A - Limitations on gaming machine numbers 101A. Interpretation of Division 101B. Gaming machines: limit on overall numbers 101C. Gaming machines: limit on numbers allowed in individual clubs and hotels 101D. Gaming machines: limit on common ownership of authorities Division 2 - Gaming control relating to casinos 102. Casino layout to be in accordance with prescribed requirements 103. Approval of games played in casino 104. Junkets 105. Residential requirements for gaming in high-roller casinos 106. Minimum bet amounts at high-roller casinos 107. Section 107 108. Section 108 109. Section 109 110. Section 110 111. Section 111 112. Possession of certain things prohibited Division 3 - Exclusion from gaming or wagering premises 112A. Interpretation of Division 112B. Self-exclusion from wagering 112C. Exclusion from wagering on application of interested person 112D. Revocation of section 112C exclusion order 112DA. Expiry of exclusion notices and orders 112E. Exclusion order by specified licence holder 112F. Appeal to Commission 112G. Commissioner of Police may order person to be excluded 112GA. Information not to be disclosed 112GB. Application for review by Magistrates Court 112H. Duration of section 112E exclusion orders 112I. List of excluded persons 112IA. Commission to keep and disseminate lists of excluded persons 112IB. Direct marketing of gaming to excluded persons prohibited 112J. Excluded persons not to wager or enter gaming premises 112K. Removal of excluded persons from gaming premises Division 4 - Responsible gambling 112L. Commission to establish codes of practice Division 5 - Gaming control generally 112M. Section 112M 112N. Investigation of prescribed licence holders 112O. Investigation into associate or other person 112OA. Costs of investigation 112OB. Temporary transfer of prescribed licence to liquidator 112P. Commission may give directions 112PA. General gaming standards 112Q. Approval to possess unapproved gaming equipment 112R. Restriction on advertising and promotion of gaming Division 6 - Disciplinary action 112S. Grounds for disciplinary action 112T. Disciplinary action 112TA. Liability to disciplinary action not extinguished by loss of licence 112U. Suspension of prescribed licence without opportunity to be heard PART 6 - Minors 113. Interpretation 114. Application of Part 6 115. Minors not to enter restricted gaming areas 116. Minors not to participate in gaming 117. Offences by casino operators and venue operators in respect of minors 117A. Offence by special employees in respect of minors 118. Prohibition on accepting wager of minor 118A. Prohibition on facilitating gaming by minor 119. Proof of age may be required 120. Minors using false evidence of age 121. Section 121 122. Apprentices permitted entry to restricted gaming areas PART 7 - Tasmanian Liquor and Gaming Commission 123. Tasmanian Liquor and Gaming Commission 124. Membership of Commission 125. Functions of Commission 126. Powers of Commission 127. Minister may give Commission directions 127AA. Direction to be given in relation to appropriate harm minimisation technologies 127AB. Directions to be given in relation to simulated racing events and FATG machines PART 8 - Inspectors 127A. Interpretation of Part 128. Appointment 129. Identification of inspectors 130. Entry onto premises 131. Functions of inspectors 132. Investigation of complaints by inspectors 133. Powers of inspectors 134. Search warrants 135. Offences relating to inspectors PART 9 - Financial Provisions Division 1 - Accounts and levies 136. Calculation of gross profits 137. Controls and procedures to be implemented in casinos 137A. Controls and procedures to be implemented by venue operators 138. Controls and procedures to be implemented by keno operator and monitoring operator 138A. Section 138A 139. Accounts at authorised deposit-taking institutions 140. Accounting records 141. Records to be kept on the premises 142. Audit 143. Submission of reports 143A. Monthly returns by lucky envelope suppliers 144. Returns to players 145. Other returns by keno operator Division 1A - Point of consumption tax 145A. Extraterritorial operation of Division 145B. Interpretation of Division 145C. Meaning of Tasmanian bet 145D. Meaning of net wagering revenue 145E. Liability to pay point of consumption tax 145F. Point of consumption tax to be paid monthly 145G. Annual reconciliation 145H. Registration 145I. Obligation to identify persons location 145J. Requirement to lodge monthly return 145K. Exemption from monthly return for on-course bookmaking 145L. General exemption from monthly returns 145M. Treasurer may enter into agreements 145N. Avoidance of point of consumption tax 145O. Regulations Division 2 - Licence fees, taxation and other amounts payable 146. General casino licence fee 147. High-roller casino licence fee 147A. Keno operators licence fee 147B. Monitoring operators licence fee 148. Venue licence fee 148A. Annual Tasmanian gaming licence fee 148AB. Fee to remain on Roll 148B. Minor gaming fees 149. Unclaimed winnings 150. Section 150 150AA. Section 150AA 150A. Taxation in respect of Tasmanian gaming licence 150AB. Set off for goods and services tax in respect of Tasmanian gaming licence 150AC. Annual levy for Tasmanian gaming licence with second totalizator endorsement 150AD. Section 150AD 150AE. Section 150AE 150AF. Taxation in respect of foreign games permit 150AG. Set-off for goods and services tax in respect of certain foreign games 150AH. Taxation in respect of high-roller casino licence 150AI. Taxation in respect of general casino licence 150AJ. Taxation in respect of keno operator's licence 150AK. Taxation in respect of venue licence 150B. Revenue sharing 151. Community support levy 151A. Community Support Fund 152. Review of social and economic impact of gambling 153. Debt due to the Crown Division 2A - . . . . . . . . 153AA. Section 153AA Division 3 - Gaming and wagering guarantee 153A. Gaming and wagering guarantee 153AB. High-roller casino guarantee Division 4 - Miscellaneous 153B. Application of Taxation Administration Act 1997 153C. Act not taxing Act PART 10 - Miscellaneous 154. Manufacture, &c., of gaming equipment 155. Possession of gaming equipment 156. Seizure and forfeiture of equipment 156A. Instant money lotteries 157. Secrecy 158. Delegation 159. Conflict of interest and duty 160. Protection from liability of authorized persons 161. Change in situation of licensee or person listed on Roll 162. Destruction of finger prints, &c. 163. Records not kept in writing 164. False or misleading information 165. Inducements, cheating, &c. 166. Bribery of authorized persons 167. Gambling by authorized persons prohibited 168. Service of documents on Commission 169. Evidence 170. Offences by corporations 171. Proceedings 172. Information gathering for law enforcement purposes 172A. Infringement notices 173. Appeals 173A. Waiver of fees 174. Regulations 175. Repeal 176. Section 176 177. Section 177 178. Transitional and savings provisions 178A. Further transitional and savings provisions 179. Administration of Act SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 5[ Note: This table has been automatically generated and may be incomplete. ]