{"id":"tas:sr-2023-027","name":"Gaming Control (Monitoring Operator) Regulations 2023","slug":"gaming-control-monitoring-operator-regulations-2023","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"27 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179252,"registerId":"tas-tas:sr-2023-027-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Gaming Control (Monitoring Operator) Regulations 2023](/view/html/inforce/2026-04-12/sr-2023-027) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 1 July 2023.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Gaming Control Act 1993](/view/html/inforce/2026-04-12/act-1993-094) ;\n> \n> > ***approved electronic monitoring system*** means the electronic monitoring system approved under [section 48Y](/view/html/inforce/2026-04-12/act-1993-094#GS48Y@EN) of the Act;\n> \n> > ***Information Technology Infrastructure Library framework*** means the integrated set of best-practice procedures for the management of IT support and service levels originally developed by the United Kingdom Government in 1989 and commonly known as ITIL;\n> \n> > ***Monitoring Services Deed*** means the deed dated 24 August 2022, between the Crown and Maxgaming Tas Pty Ltd (ABN 60 661 770 430);\n> \n> > ***on request*** means at the request of the holder of a venue licence.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Core monitoring functions of monitoring operator","content":"### 4 Core monitoring functions of monitoring operator\n\n> For the purposes of [section 48E(1)(b)](/view/html/inforce/2026-04-12/act-1993-094#GS48E@Gs1@Hpb@EN) of the Act, the functions specified in [Schedule 1](#JS1@EN) are prescribed as the core monitoring functions of a monitoring operator.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Regulated monitoring functions of monitoring operator","content":"### 5 Regulated monitoring functions of monitoring operator\n\n> For the purposes of [section 48E(2)](/view/html/inforce/2026-04-12/act-1993-094#GS48E@Gs2@EN) of the Act, the functions specified in [Schedule 2](#JS2@EN) are prescribed as the regulated monitoring functions of a monitoring operator.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Change in situation of monitoring operator","content":"### 6 Change in situation of monitoring operator\n\n> > (1)  For the purposes of [section 48Q](/view/html/inforce/2026-04-12/act-1993-094#GS48Q@EN) of the Act, the following changes in situation in relation to a monitoring operator are prescribed as a major change:\n> > \n> > > > (a) a change in the corporate structure of the monitoring operator;\n> > > \n> > > > (b) the monitoring operator or an associate of the monitoring operator is charged or convicted with an offence under the Act or an offence involving fraud or dishonesty in Tasmania or any other jurisdiction;\n> > > \n> > > > (c) the monitoring operator becomes a bankrupt or enters into an arrangement or composition with creditors under the *Bankruptcy Act 1966* of the Commonwealth;\n> > > \n> > > > (d) the monitoring operator is a corporate entity and that corporate entity is deregistered under the *Corporations Act 2001* of the Commonwealth.\n> \n> > (2)  For the purposes of [section 48Q](/view/html/inforce/2026-04-12/act-1993-094#GS48Q@EN) of the Act, the following changes in situation in relation to a monitoring operator are prescribed as a minor change:\n> > \n> > > > (a) a person ceases to be an associate of the monitoring operator;\n> > > \n> > > > (b) the monitoring operator or an associate of the monitoring operator changes name;\n> > > \n> > > > (c) the monitoring operator changes postal address, registered office address, telephone number or email address;\n> > > \n> > > > (d) the monitoring operator changes details of the nominated contact person for receipt of notices or correspondence from the Commission;\n> > > \n> > > > (e) an associate of the monitoring operator changes residential or postal address, registered office address, telephone number or email address;\n> > > \n> > > > (f) the monitoring operator or an associate of the monitoring operator is charged or convicted with an offence, other than an offence specified in [regulation 6(1)(b)](#GS6@Gs1@Hpb@EN) , in Tasmania or any other jurisdiction;\n> > > \n> > > > (g) the monitoring operator has a director who is disqualified under the *Corporations Act 2001* of the Commonwealth or an overseas equivalent;\n> > > \n> > > > (h) the monitoring operator is granted or refused a licence, or has disciplinary action taken against it, by a body that regulates gambling in another jurisdiction (whether in Australia or overseas);\n> > > \n> > > > (i) an associate of the monitoring operator becomes a bankrupt or enters into an arrangement or composition with creditors under the *Bankruptcy Act 1966* of the Commonwealth;\n> > > \n> > > > (j) an associate of the monitoring operator is a corporate entity that is deregistered under the *Corporations Act 2001* of the Commonwealth;\n> > > \n> > > > (k) the monitoring operator or any associate of the monitoring operator defaults in the payment of any debts or guarantees;\n> > > \n> > > > (l) the monitoring operator or any associate of the monitoring operator is refused credit.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Fees for monitoring functions","content":"### 7 Fees for monitoring functions\n\n> > (1)  For the purposes of [48Z(1)(c)](/view/html/inforce/2026-04-12/act-1993-094#GS48Z@Gs1@Hpc@EN) of the Act, the fee payable by the holder of a venue licence to the monitoring operator for the provision of core monitoring functions is 1.37 fee units per day for each gaming machine in the relevant licensed premises that is connected to the approved electronic monitoring system.\n> \n> > (2)  For the purposes of [48Z(1)(c)](/view/html/inforce/2026-04-12/act-1993-094#GS48Z@Gs1@Hpc@EN) of the Act, the fee payable by the holder of a venue licence to the monitoring operator for the provision of a regulated monitoring function is the fee set out for that regulated monitoring function in [Schedule 3](#JS3@EN) .\n> \n> > (3)  Each fee specified in this regulation and [Schedule 3](#JS3@EN) is specified exclusive of GST.","sortOrder":6},{"sectionNumber":"SCHEDULE 1 - Core monitoring f","sectionType":"part","heading":"SCHEDULE 1 - Core monitoring functions","content":"# SCHEDULE 1 - Core monitoring f SCHEDULE 1 - Core monitoring functions\n\n[Regulation 4](#GS4@EN)\n\n> **1.**   The operation and maintenance of the approved electronic monitoring system in accordance with the monitoring operator’s licence.\n\n> **2.**   The connection of each gaming machine in licensed premises to the approved electronic monitoring system to enable the holders of venue licences to comply with the venue licence conditions and the Act.\n\n> **3.**   Use of the approved electronic monitoring system to monitor the operation of gaming machines in licensed premises to ensure –\n> \n> > > (a) the integrity of gaming machine operations; and\n> > \n> > > (b) that gaming machines are operating correctly and in accordance with the Act.\n\n> **4.**   The collection of data for each gaming machine in licensed premises for the purposes of enabling the calculation of fees, taxes and levies payable in respect of those gaming machines under the Act.\n\n> **5.**   The provision of data collected under [item 4](#JS1@GC4@EN) , in a form approved by the Commission, to the following persons:\n> \n> > > (a) the relevant venue operator;\n> > \n> > > (b) the Commission;\n> > \n> > > (c) the Commissioner of State Revenue.\n\n> **6.**   The provision of tools and facilities to enable the Commission to –\n> \n> > > (a) perform data analysis in respect of gaming machines in licensed premises; and\n> > \n> > > (b) perform audits on the operation and performance of gaming machines; and\n> > \n> > > (c) administer reassessments and adjustments.\n\n> **7.**   The maintenance of a central electronic monitoring system host in accordance with any general electronic monitoring system standards set by the Commission under [section 112PA](/view/html/inforce/2026-04-12/act-1993-094#GS112PA@EN) of the Act.\n\n> **8.**   The provision of access to the central electronic monitoring system host to the Commission.\n\n> **9.**   The provision of a help desk service for venue operators in relation to the approved electronic monitoring system.\n\n> **10.**   The establishment and maintenance of systems and processes aligned with the Information Technology Infrastructure Library framework.\n\n> **11.**   The provision of an online electronic authorisation system through which venue operators may apply for authorisation from the Commission to –\n> \n> > > (a) install, dispose of or change the configuration of a gaming machine; or\n> > \n> > > (b) attach or detach a gaming machine to or from a progressive jackpot controller.\n\n> **12.**   The provision of facilities and assistance to manufacturers and suppliers of gaming machines to enable those persons to determine whether gaming machines will operate correctly with the approved electronic monitoring system.","sortOrder":7},{"sectionNumber":"SCHEDULE 2 - Regulated monitor","sectionType":"part","heading":"SCHEDULE 2 - Regulated monitoring functions","content":"# SCHEDULE 2 - Regulated monitor SCHEDULE 2 - Regulated monitoring functions\n\n[Regulation 5](#GS5@EN)\n\n> **1.**   The installation and commissioning of gaming machines in licensed premises on request.\n\n> **2.**   The decommissioning of gaming machines in licensed premises and the removal of those decommissioned gaming machines from those licensed premises on request.\n\n> **3.**   The making of configuration changes to gaming machines and gaming machine games on request.\n\n> **4.**   The connection of gaming machines to linked jackpot arrangements in licensed premises on request.\n\n> **5.**   The operation, monitoring and configuration management of linked jackpot arrangements in licensed premises.\n\n> **6.**   The removal of gaming machines from linked jackpot arrangements in licensed premises on request.\n\n> **7.**   The decommissioning of linked jackpot arrangements in licensed premises on request.\n\n> **8.**   The maintenance of gaming machines.\n\n> **9.**   The repair and return to service of gaming machines.\n\n> **10.**   The relocation of gaming machines within licensed premises on request.\n\n> **11.**   The destruction of gaming machines on request.\n\n> **12.**   The preparation or refurbishment of licensed premises to allow the operation of gaming machines and the operation of the approved electronic monitoring system in those licensed premises on request.\n\n> **13.**   The retrofit or repair under warranty of gaming machines on behalf of manufacturers on request.","sortOrder":8},{"sectionNumber":"SCHEDULE 3 - Fees for monitori","sectionType":"part","heading":"SCHEDULE 3 - Fees for monitoring operator regulated monitoring functions","content":"# SCHEDULE 3 - Fees for monitori SCHEDULE 3 - Fees for monitoring operator regulated monitoring functions\n\n[Regulation 7](#GS7@EN) (2)\n\n| Item | Regulated monitoring function | Fee (Fee units) |\n| 1. | Installation and commissioning of a gaming machine | 101.13 per gaming machine |\n| 2. | Removal and decommissioning of a gaming machine | 64.61 per gaming machine |\n| 3. | Configuration change to gaming machine or gaming machine game | 70.23 for each change |\n| 4. | Operation, monitoring and configuration management of linked jackpot arrangement | 2.16 per gaming machine per day for each gaming machine that is connected to the linked jackpot arrangement |\n| 5. | Connection of a gaming machine to linked jackpot arrangement | 112.36 per gaming machine |\n| 6. | Removal of a gaming machine from a linked jackpot arrangement | 112.36 per gaming machine |\n| 7. | Decommissioning of linked jackpot arrangement | 112.36 per linked arrangement |\n| 8. | Maintenance of gaming machine (including repair and return to service and preventative maintenance) | 1.01 per gaming machine per day |\n| 9. | Relocation of a gaming machine within licensed premises | 92.70 per relocation of one gaming machine |\n| 10. | Destruction of a gaming machine | 84.27 per gaming machine |\n| 11. | Non-structural venue preparation or refurbishment within the scope of the Monitoring Services Deed (including, but not limited to, site survey, cabling and supply and installation of venue based electronic monitoring system components) | 224.72 per hour up to a maximum of 11 235.96. |\n| 12. | Retrofit of gaming machine | 84.27 per hour |\n| 13. | Repair under warranty of gaming machine on behalf of manufacturer | 84.27 per hour |\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 7 June 2023\n\nThese regulations are administered in the Department of Treasury and Finance.","sortOrder":9}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"These regulations implement and specify operational detail under powers granted in named Act provisions (eg. ss 48E, 48Q, 48Z, 112PA). They do not expand the Act’s legal scope but prescribe functions, fee amounts and notification categories, and set technical and administrative compliance requirements for operators, venues and the Commission (regs 4–7; Schedules 1–3)."},"complexity_factors":["Multiple delegated functions divided into ‘core’ and ‘regulated’ categories that interact with venue licences and the Act (reg 4–5; Schedule 1–2)","Detailed fee schedule with mixed charging bases (per machine per day, per event, hourly rates, caps) requiring calculation and invoicing rules (reg 7; Schedule 3)","Enumerated major and minor change events affecting licensing and notification obligations (reg 6), with varying legal consequences","Cross-references to multiple provisions of the Gaming Control Act that must be read together (eg. ss 48E, 48Q, 48Z, 112PA) increasing interpretive load (regs 4–7)","Operational standards and requirements for IT practices and Commission access (ITIL alignment, central host maintenance, help desk, data formats) creating technical compliance obligations (Schedule 1 items 7–11)","Incorporation of an external private deed and specified service‑scope limits (Monitoring Services Deed) that affect what services fall inside the regulated fee cap (Schedule 3 item 11)","GST treatment and fee exclusivity which affects accounting and tax handling by venues and the operator (reg 7(3))","Wide range of discrete point actions (installation, configuration, linked‑jackpot actions, maintenance, destruction, relocation) each with separate fee and approval implications (Schedule 2)"],"plain_english_summary":"These regulations set out what a licensed monitoring operator must do to run, connect and report on the approved electronic monitoring system for gaming machines, list additional monitoring services the operator may provide on request, and fix the fees venue‑licence holders must pay for those services. They also prescribe which operator changes are ‘major’ or ‘minor’ for regulatory notification and require standards for system operation and Commission access to monitoring data."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears tightly scoped to its original purpose of operationalising the monitoring operator provisions in the Gaming Control Act 1993. It does not expand beyond prescribing specific functions, fees, and reporting requirements necessary to implement the existing statutory framework."},"complexity_factors":["5 defined terms in the interpretation section, including specific reference to a private contract (the Monitoring Services Deed dated 24 August 2022)","Extensive cross-referencing to the Gaming Control Act 1993 (sections 48E, 48Q, 48Y, 48Z, 112PA)","Nested structure with 12 core functions and 13 regulated functions across three schedules","Dual categorisation system for changes in situation (4 major changes vs 12 minor changes) with overlapping concepts (e.g., bankruptcy of operator vs associate)","Fee calculation requires understanding of 'fee units' (a variable monetary amount set by legislation) and GST exclusions","Conditional logic in Schedule 3 fees (e.g., hourly rates with maximum caps, per-machine vs per-day calculations)"],"plain_english_summary":"This legislation sets up the rules for how a company called Maxgaming Tas Pty Ltd (the 'monitoring operator') manages electronic gaming machines (pokies) in Tasmania.\n\n**What it does:**\n- **Defines the monitoring operator's job** in two categories:\n  - **Core functions** (Schedule 1): Day-to-day operations like maintaining the electronic monitoring system, collecting data on gaming machine use, providing help desk support, and ensuring machines operate correctly and honestly.\n  - **Regulated functions** (Schedule 2): Specific services venue operators can request, such as installing or removing machines, fixing them, changing game settings, or setting up linked jackpots.\n\n- **Sets the fees** (Schedule 3): Venue licence holders must pay the monitoring operator for these services. Core functions cost **1.37 fee units per day per machine**. Regulated functions have specific prices (for example, installing a machine costs 101.13 fee units, removing one costs 64.61 fee units).\n\n- **Requires reporting changes**: The monitoring operator must tell the Gaming Commission about major changes (like corporate restructuring, fraud charges, or bankruptcy) and minor changes (like address updates or director disqualifications).\n\n**Who it affects:**\n- **Venue operators** (pubs, clubs with gaming machines) who must pay these fees and use these services.\n- **Maxgaming Tas Pty Ltd**, the company contracted to provide these monitoring services under a deed dated 24 August 2022.\n- **The Tasmanian Gaming Commission**, which oversees compliance.\n\n**Why it matters:**\nThis ensures all gaming machines in Tasmania are properly monitored for integrity, that taxes and fees are calculated correctly, and that there's a clear, regulated process for installing, maintaining, and removing gaming machines. It also ensures transparency when the monitoring operator's business circumstances change."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the limited metadata available, there is no indication of scope change from the original intent. The regulations appear to operate as technical/administrative rules under an established gaming control framework. No amendments were visible in the provided text that would suggest expansion or contraction of original scope."},"complexity_factors":["Insufficient substantive content provided — only metadata and administrative information was included in the document, preventing full analysis","Gaming monitoring regulations typically involve technical standards and licensing conditions that require industry-specific knowledge to interpret","Regulations operate within a broader legislative hierarchy (under the Gaming Control Act), meaning readers must cross-reference the parent Act to understand full obligations","Specialist subject matter (electronic gaming machine monitoring systems) is not widely understood by general public","Score is conservative due to lack of actual regulatory content — true complexity could be higher"],"plain_english_summary":"These regulations set the rules for monitoring operators that run the technical systems tracking electronic gaming machines in Tasmania — affecting licensed monitoring companies, venue operators (pubs/clubs) and the Tasmanian gambling regulator. They would govern licensing, technical standards, reporting and compliance for those operators. Note: only the regulation’s header/metadata was provided, so this summary is inferred from the title and context, not from the regulation text itself."}},"importantCases":[],"_links":{"self":"/api/acts/gaming-control-monitoring-operator-regulations-2023","history":"/api/acts/gaming-control-monitoring-operator-regulations-2023/history","analysis":"/api/acts/gaming-control-monitoring-operator-regulations-2023/analysis","conflicts":"/api/acts/gaming-control-monitoring-operator-regulations-2023/conflicts","importantCases":"/api/acts/gaming-control-monitoring-operator-regulations-2023/important-cases","documents":"/api/acts/gaming-control-monitoring-operator-regulations-2023/documents"}}