Tasmanian Consolidated Acts Tasmanian Consolidated Acts
- 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 operator’s 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 operator’s 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 operator’s licence
cancelled, &c.
22A. Application for casino or keno operator’s 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 operator’s 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 person’s 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 operator’s licence fee
147B. Monitoring operator’s 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. ]