{"id":"a-2004-34","name":"Gaming Machine Act 2004","slug":"gaming-machine-act-2004","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"34 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23612,"registerId":"act-a-2004-34-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Subdiv 6A","sectionType":"subdivision","heading":"7.8 Storage permits—miscellaneous","content":"Subdivision 6A.7.8 Storage permits—miscellaneous\n127ZE Gaming machines and authorisations under storage permits—\ninspection 135\n127ZF Storage of gaming machines and authorisations—rules 135\n128 Maintaining gaming machines etc on authorised premises 137\n129 Interference with gaming machines 137\n130 Opening computer cabinets 138\n131 Rendering gaming machines inoperable on authorisation certificate\nceasing to be in force 139\n132 Removal of gaming machines from premises 140\n133 Operation of linked-jackpot arrangements 141\n134 Single-user approval for linked-jackpot arrangements 141\n135 Issue of multi-user permits 142\n136 Conditions on multi-user permits 144\n137 Term of multi-user permits 145\n138 Amendment of multi-user permits in interest of users 145\n139 Amendment of multi-user permit on request 145\n140 Amendment of financial and operational aspects of multi-user permits 147\n141 Transfer of multi-user permits 147\n142 Surrender of multi-user permits 147\n143 Unclaimed jackpots 148\n144 Undisbursed jackpots 148\n\nPage\ncontents 10 Gaming Machine Act 2004\n144A Definitions—pt 9 150\n145 Eligible objects 150\n146 Eligible clubs 150\n147 Associated organisations—declaration 151\n147A Associated organisation declaration—condition 152\n147B Associated organisation—warning notice 153\n147C Associated organisation declaration—suspension or repeal 154\n147D Club elections—election of board directors 154\n148 Club elections—record-keeping 155\n148A Club directors—acting in good faith 155\n148B Club constitution—consistency with gaming laws 155\n149 Power to require information about status of eligible clubs 156\n150 Disclosure of gifts by executive officer 156\nPart 10 Promoting responsible practices at\nauthorised premises\n151 Warning notices 157\n152 External signs 158\n152A External visibility of gaming machines 159\n153 Cash facilities 159\n153A Offence—ATM allowing withdrawals exceeding $250 160\n154 Lending or extending credit 161\n155 Children must not enter gaming area 161\n156 Children must not play gaming machines 162\n157 Using false identification 162\n157A Definitions—pt 11 163\n157B Meaning of club group etc—pt 11 164\n157C Determination that licensee not part of club group 165\n157D Notice of change to club group status 166\n158 Audit of financial statements etc 166\n159 Gaming machine tax 167\n\nPage\ncontents 11\n161 Payment of gaming machine tax 168\n161A Payment of gaming machine tax or payment to diversification and\nsustainability support fund—quarterly election 169\n162 Gaming machine tax returns 169\n162A Gaming machine tax rebate—financial year 170\n162B Gaming machine tax rebate—part financial year 170\n162C Gaming machine tax rebate—claim 171\n162D Annual adjustment of gaming machine tax—GMT rebate 172\n163 Payment of gaming machine tax following transfer 173\nDivision 11.2 Gambling harm prevention and mitigation fund\n163A Required payment to gambling harm prevention and mitigation fund 173\n163AA Gambling harm prevention and mitigation fund—annual payment\noption 174\n163B Gambling harm prevention and mitigation fund 175\n163C Payment from gambling harm prevention and mitigation fund—\nrequired payments and community purpose contributions 175\n163D Payment from gambling harm prevention and mitigation fund—\nminimum community contributions 176\nSubdivision 11.3.1 Preliminary\n163E Definitions—div 11.3 176\n163F Diversification and sustainability support fund 176\n163G Reporting 177\nSubdivision 11.3.2 Payments to and from diversification and sustainability\n163H Payments to diversification and sustainability support fund 178\n163I Payments out of diversification and sustainability support fund 179\n163J Guidelines for applications for payments out of diversification and\nsustainability support fund 180\nSubdivision 11.3.3 Advisory board for diversification and sustainability\n163K Establishment of advisory board 180\n163L Functions of advisory board 180\n163M Membership of advisory board 181\n163N Advisory board—making and ending appointments 181\n\nPage\ncontents 12 Gaming Machine Act 2004\n163O Agenda to require disclosure of interest item 183\n163P Disclosure of interests by members of advisory board 183\n163Q Proceedings of advisory board 185\n163R Protection of members of advisory board from liability 185\n164 Definitions—pt 12 186\n165 Meaning of community etc—pt 12 187\n166 Meaning of community purpose etc—pt 12 188\n166B Club refuge declaration 190\n167 Minimum community contribution—clubs 190\n168 Minimum community contribution—licensees other than clubs 192\n169 Payment of community contributions for a tax period 192\n170 Licensee must engage with community—clubs 192\n171 Community purpose contributions—record keeping by clubs 193\n172 Community purpose contributions—reporting by clubs 194\n172A Community contributions—commission must publish summary 196\n172B Community contribution shortfall tax 197\nPart 13 Notification and review of decisions\n173 Meaning of reviewable decision—pt 13 198\n173A Reviewable decision notices 198\n173B Applications for review 198\n173C Meaning of notifiable action 199\n173D Notifiable actions 199\n173E Notifiable actions—date of effect 200\n173F Notifiable actions—amendment or cancellation 201\n173G Notifiable actions under s 37F 201\n173H Notifiable actions under div 6A.6—disposal of gaming machines 202\n173I Notifiable actions under div 6A.6—trading of class B authorisations 204\n174 Acts and omissions of representatives 205\n\nPage\ncontents 13\n174A Licences and authorisations etc are not personal property—PPS Act 206\n175 Canberra Airport 206\n176 Evidentiary certificates 206\n177 Determination of fees 207\n178 Regulation-making power 207\n179 Review of trading scheme 207\nSchedule 1 Reviewable decisions 208\nSchedule 2 Notifiable actions 212\nDictionary 213\n1 About the endnotes 228\n2 Abbreviation key 228\n3 Legislation history 229\n4 Amendment history 238\n5 Earlier republications 282\n6 Expired transitional or validating provisions 287\n\nAn Act in relation to gaming machines, and for other purposes\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Gaming Machine Act 2004.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘general licence—see the Liquor\nAct 2010, section 17.’ means that the term ‘general licence’ is defined in\nthat section and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act\n(see Code, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Eligibility of individuals","content":"6 Eligibility of individuals\n(1) For this Act, an individual is an eligible person if—\n(a) the individual is an adult; and\n(b) there is not a disqualifying ground in relation to the individual.\n(2) Each of the following is a disqualifying ground for an individual:\n(a) the individual has been convicted, or found guilty, in the last\n5 years, whether in the ACT or elsewhere, of an offence—\n(i) involving fraud or dishonesty; or\n(ii) punishable by imprisonment for at least 1 year; or\n(iii) against a law about gaming;\n(b) the individual is, or at any time in the last 5 years has been,\nbankrupt or personally insolvent;\nNote Bankrupt or personally insolvent—see the Legislation Act,\ndictionary, pt 1.\n(c) at any time in the last 5 years the individual was involved in the\nmanagement of a corporation when—\n(i) the corporation became the subject of a winding-up order;\nor\n(ii) a controller or administrator was appointed for the\n(d) at any time in the last 12 months the individual had—\n(i) a licence cancelled under section 58 (Disciplinary action);\nor\n\n(ii) an authorisation cancelled under section 64 (Cancellation\nof authorisation certificate because of cancellation etc of\ngeneral and on licences); or\n(iii) an application for approval as a technician refused, on the\nbasis that the person provided false or misleading\ninformation, under section 75 (Approval of technicians); or\n(iv) approval as a technician cancelled under section 79 (1) (a)\nor (c) (Cancellation etc of technician’s approval).\n(3) Despite subsection (2), the commission may decide that the\nindividual is an eligible person even though there is a disqualifying\nground in relation to the individual if satisfied that—\n(a) if the individual is an applicant for a licence—the operation of\ngaming machines by the individual would not adversely affect\nthe public; and\n(b) it is otherwise in the public interest that the individual be treated\nas an eligible person.\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Eligibility of corporations","content":"7 Eligibility of corporations\n(1) For this Act, a corporation is an eligible person if—\n(a) each influential person of the corporation is an eligible person;\nand\n(b) if the corporation is a club—it is an eligible club; and\n(c) there is not a disqualifying ground in relation to the corporation.\n(2) Each of the following is a disqualifying ground for a corporation:\n(a) the corporation is, or at any time in the last 3 years has been, the\nsubject of a winding-up order;\n(b) at any time in the last 3 years a controller or administrator has\nbeen appointed for the corporation;\n\n(c) the corporation is the subject of an auditor’s opinion that it is not\nable to pay all of its debts as and when they become due and\npayable;\n(d) the corporation is the subject of an auditor’s adverse opinion or\ndisclaimer of opinion, within the meaning of Auditing Standard\nASA 705;\n(e) at any time in the last 12 months the corporation had—\n(i) an application for approval as a supplier refused, on the\nbasis that the corporation provided false or misleading\ninformation, under section 72 (Application and approval of\ncorporation as supplier); or\n(ii) approval as a supplier cancelled under section 73A\n(Cancellation etc of supplier’s approval).\n(3) Despite subsection (2), the commission may decide that the\ncorporation is an eligible person even though there is a disqualifying\nground in relation to the corporation if satisfied that—\n(a) the operation of gaming machines by the corporation would not\nadversely affect the public; and\n(b) it is otherwise in the public interest that the corporation be\ntreated as an eligible person.\nAUASB—see the Australian Securities and Investments Commission\nAct 2001 (Cwlth), section 5.\nAuditing Standard ASA 705 means Auditing Standard ASA 705\nModifications to the Opinion in the Independent Auditor’s Report\nmade by the AUASB under the Corporations Act, section 336 (1)\n(Auditing standards).\nNote The standard is accessible at www.legislation.gov.au.\n\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of influential person","content":"8 Meaning of influential person\n(1) In this Act:\ninfluential person, for a corporation—\n(a) means any of the following:\n(i) an executive officer of the corporation;\n(ii) a related corporation;\n(iii) an executive officer of a related corporation;\n(iv) an influential owner; and\n(b) includes a person who, though not mentioned in paragraph (a),\ncan exercise as much influence over the actions of the\ncorporation as someone mentioned in that paragraph.\nNote Corporation includes a club (see dict).\ninfluential owner, of a corporation, means a person who, whether\ndirectly or through intermediary corporate ownership or nominees—\n(a) can control 5% of the votes at an annual general meeting of the\ncorporation; or\n(b) can control the appointment of a director of the corporation.\nrelated corporation means a related body corporate under the\nCorporations Act.\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Proper completion—applications under Act","content":"9 Proper completion—applications under Act\n(1) An application under a provision of this Act is properly completed\nonly if the following requirements are met:\n(a) if a form is approved under the Control Act, section 53D for the\napplication—the form is used;\n\n(b) the application includes all information and documents required\nunder the provision to be included;\n(c) a document required to be included with the application includes\nall information required under the provision to be included in\nthe document and is substantially complete;\n(d) the application, and any document or information included in\nthe application, is verified in the way required by the provision;\n(e) if a fee is determined under section 177 for the application—the\nfee is paid.\nNote 1 Under the Legislation Act, s 255 (5), if a form requires any of the\nfollowing, substantial compliance with the form is not sufficient and the\nform is properly completed only if the requirement is complied with:\n(a) the form to be signed;\n(b) the form to be prepared in a particular way (for example, on paper\nof a particular size or quality or in a particular electronic form);\n(c) the form to be completed in a particular way;\n(d) particular information to be included in the form, or a particular\ndocument to be attached to or given with the form;\n(e) the form, information in the form, or a document attached to or\ngiven with the form, to be verified in a particular way (for example,\nby statutory declaration).\nNote 2 It is an offence to make a false or misleading statement, give false or\n(2) If an application under this Act is not properly completed—\n(a) the commission may refuse to consider the application; and\n(b) if the commission refuses to consider the application—the\napplication lapses.\n\n(3) The commission may, in writing, require an applicant to give the\ncommission additional information, within the time stated by the\ncommission, that the commission reasonably needs to decide the\n(4) If the applicant does not comply with a requirement under subsection\n(3) within the time stated by the commission—\n(a) the commission may refuse to consider the application; and\n(b) if the commission refuses to consider the application—the\napplication lapses.\n\n","sortOrder":8},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Reducing cap on authorisations","content":"Part 2A Reducing cap on authorisations\nto 3 500 or fewer\n","sortOrder":9},{"sectionNumber":"10A","sectionType":"section","heading":"Definitions—div 2A.2","content":"10A Definitions—div 2A.2\nsurrendered authorisation means an authorisation surrendered under\nsection 10D and includes an authorisation under an authorisation\ncertificate surrendered under that section.\nvoluntary surrender agreement—see section 10C.\nvoluntary surrender day, for a licensee, means—\n(a) 14 February 2019; or\n(b) if an earlier day is agreed between the licensee and the\nTerritory—the earlier day.\nvoluntary surrender notice—see section 10B.\n","sortOrder":10},{"sectionNumber":"10B","sectionType":"section","heading":"Notifying authorisations for surrender during voluntary","content":"10B Notifying authorisations for surrender during voluntary\nsurrender period\n(1) During the voluntary surrender period, a licensee may give written\nnotice (a voluntary surrender notice) to the Minister of the number\nof authorisations or authorisation certificates to be surrendered by the\nlicensee under section 10D.\n(2) A notice under subsection (1) must include the following information\nabout each authorisation to be surrendered:\n(a) the authorised premises the authorisation is associated with;\n(b) the authorisation number;\n(c) the serial number of any gaming machine associated with the\n\nVoluntary surrenders Division 2A.2\n(3) A notice under subsection (1) may include a nomination of a\nlicensee’s authorised premises in relation to which a surrendered\nauthorisation will be taken into account under section 10J (3) (e).\n(4) If a licensee makes a nomination under subsection (3), the number of\nauthorisations counted for the nominated premises—\n(a) must not be used to reduce the number of authorisations to be\nsurrendered at another authorised premises; and\n(b) if the authorisations relate to the surrender of an authorisation\ncertificate—must be reduced to take account of any surrender\nobligation in relation to the authorised premises of the\nauthorisation certificate that would have been determined under\nsection 10J had the authorisation certificate not been\nsurrendered.\nvoluntary surrender period means the period beginning on\n","sortOrder":11},{"sectionNumber":"23","sectionType":"section","heading":"August 2018 and ending on 31 January 2019.","content":"23 August 2018 and ending on 31 January 2019.\n","sortOrder":12},{"sectionNumber":"10C","sectionType":"section","heading":"Voluntary surrender agreement","content":"10C Voluntary surrender agreement\n(1) The Territory may enter into an agreement (a voluntary surrender\nagreement) with a licensee in relation to the surrender of\nauthorisations or authorisation certificates under section 10D if—\n(a) the licensee has given a voluntary surrender notice to the\nMinister; and\n(b) the agreement is entered into on or before the earlier of—\n(i) 8 February 2019; and\n(ii) the voluntary surrender day for the licensee.\n(2) A voluntary surrender agreement may provide for—\n(a) an entitlement to the deemed payment or partial payment of an\noffset amount for the licensee; and\n\n(b) the process by which the entitlement is to be claimed by the\nlicensee; and\n(c) any other matters agreed by the parties.\n(3) The term of each voluntary surrender agreement is extended until\n1 April 2028, despite anything to the contrary in any agreement.\n(4) A voluntary surrender agreement must be entered into for the\nTerritory by the Treasurer or the Minister.\noffset amount—see section 10H (4).\n","sortOrder":13},{"sectionNumber":"10D","sectionType":"section","heading":"Surrender of authorisations and authorisation certificates","content":"10D Surrender of authorisations and authorisation certificates\non voluntary surrender day\n(1) This section applies if a licensee has entered into a voluntary\nsurrender agreement.\n(2) On the voluntary surrender day for the licensee, each authorisation\nand authorisation certificate in the licensee’s voluntary surrender\nnotice is surrendered.\n(3) If a licensee has a gaming machine associated with a surrendered\nauthorisation, the licensee must—\n(b) render the machine inoperable; and\n(c) within 3 working days, give the commission—\n(i) a written statement of the meter readings mentioned in\nparagraph (a) and confirmation that the machine is\ninoperable; and\n\nVoluntary surrenders Division 2A.2\n(ii) if the surrendered authorisation results from the surrender\nof an authorisation certificate—any outstanding amount\npayable by the licensee in relation to the operation of the\ngaming machine under the surrendered authorisation\ncertificate.\nNote 2 A contravention of this Act is a ground for disciplinary action (see\ns 57 (1) (c)).\nNote 3 If a licensee changes the size, shape or location of a gaming area as a\nconsequence of the surrender of gaming machine authorisations, the\nlicensee may need to apply for a gaming area amendment of the\nauthorising certificate (see s 33 (1) (a)).\n(4) For section 103 (1), a licensee is authorised to possess a gaming\nmachine associated with a surrendered authorisation for 3 months\nafter the voluntary surrender day for the licensee.\n(5) Section 37F (other than subsection (2) (b)) does not apply in relation\nto the surrender of an authorisation or authorisation certificate under\nthis section.\n","sortOrder":14},{"sectionNumber":"10E","sectionType":"section","heading":"Trading of authorisations to replace surrendered","content":"10E Trading of authorisations to replace surrendered\n(a) a licensee surrenders an authorisation associated with a gaming\nmachine under section 10C on the voluntary surrender day; and\n(b) on the voluntary surrender day, the licensee acquires an\nauthorisation under division 6A.6 (Trading of authorisations and\ngaming machines) to replace the surrendered authorisation for\nthe gaming machine.\n\n(2) Despite section 173E, the notifiable action in relation to the licensee’s\nacquisition of the authorisation takes effect on the voluntary surrender\nday.\n(3) Section 10D (3) does not apply to the licensee in relation to the\n","sortOrder":15},{"sectionNumber":"10F","sectionType":"section","heading":"Offence—operating gaming machine if authorisation","content":"10F Offence—operating gaming machine if authorisation\nsurrendered\n(a) the person owns, occupies or manages authorised premises; and\n(b) an authorisation, or authorisation certificate, associated with the\npremises is surrendered under section 10D; and\n(c) the person fails to take all reasonable steps to stop the gaming\nmachine associated with the surrendered authorisation being\nused on the premises; and\nNote A surrendered authorisation includes an authorisation under a\nsurrendered authorisation certificate (see s 10A, def surrendered\nauthorisation).\n(d) someone uses the gaming machine.\n","sortOrder":16},{"sectionNumber":"10H","sectionType":"section","heading":"Offsets","content":"10H Offsets\n(1) This section applies to a person if the person—\n(a) becomes liable to pay an offset amount to the Territory before 1\nApril 2028; and\n(b) is entitled, under a voluntary surrender agreement, to the\ndeemed payment or partial payment of an offset amount; and\n(c) claims the entitlement under any process set out in the voluntary\nsurrender agreement before 1 April 2028.\n\nExpiry—pt 2A Division 2A.4\n(2) The person’s offset amount is taken to be paid to the Territory as\nprovided in the voluntary surrender agreement.\n(3) The total of the amounts taken to be paid to the Territory under\nsubsection (2) for the person must not exceed the person’s entitlement\nunder the voluntary surrender agreement.\noffset amount means a fee, charge or other amount that is—\n(a) prescribed by regulation for the purposes of this subsection; and\n(b) payable under any of the following Acts:\n(i) Building Act 2004;\n(ii) Community Title Act 2001;\n(iii) Electricity Safety Act 1971;\n(iv) Gas Safety Act 2000;\n(v) Planning Act 2023;\n(vi) Unit Titles Act 2001;\n(vii) Water and Sewerage Act 2000;\n(viii) an Act prescribed by regulation for the purposes of this\nparagraph.\n","sortOrder":17},{"sectionNumber":"Div 2A","sectionType":"division","heading":"4 Expiry—pt 2A","content":"Division 2A.4 Expiry—pt 2A\n","sortOrder":18},{"sectionNumber":"10T","sectionType":"section","heading":"Expiry—pt 2A","content":"10T Expiry—pt 2A\n(1) This part (other than division 2A.3) expires on 1 April 2028.\n(2) Division 2A.3 expires on 31 December 2025.\n\n","sortOrder":19},{"sectionNumber":"11","sectionType":"section","heading":"Definitions—pt 2B","content":"11 Definitions—pt 2B\nauthorisation certificate amendment application—see\nsection 33 (1).\nauthorisation certificate application, for class C gaming machines—\nsee section 21 (1).\nclass B licence means a licence to operate class B gaming machines.\nclass B licence and authorisation certificate application—see\nsection 28 (1).\nclass C licence means a licence to operate class C gaming machines.\nNote An applicant who the commission is satisfied on reasonable grounds is\nan eligible person must be issued with a class C licence (see s 17 (3)).\nclass C licence application—see section 15.\ngaming area amendment—see section 33 (1) (a).\nincrease maximum amendment—see section 33 (1) (c).\nminor licence amendment application—see section 31 (1).\npremises relocation amendment—see section 33 (1) (b).\n","sortOrder":20},{"sectionNumber":"12","sectionType":"section","heading":"Meaning of social impact assessment","content":"12 Meaning of social impact assessment\n(1) For this Act, a social impact assessment for an application is a written\nassessment of the likely economic and social impact of the operation\nof gaming machines—\n(a) for an authorisation certificate application—under the proposed\nauthorisation certificate; or\n\nDefinitions and important concepts Division 2B.1\n(b) for an authorisation certificate amendment application—under\nthe authorisation certificate as proposed to be amended.\nNote A social impact assessment is required for—\n(a) an authorisation certificate application (see s 22 (2) (a)); and\n(b) some authorisation certificate amendment applications (see s 34 (f)\n(ii) (A) and s 37 (4) (a)).\n(2) A regulation may make provision in relation to social impact\nassessments, including the following:\n(a) the requirements that must be satisfied by a social impact\nassessment;\n(b) the matters to be addressed by a social impact assessment;\n(c) the information to be given in a social impact assessment.\n","sortOrder":21},{"sectionNumber":"13","sectionType":"section","heading":"Social impact assessment—publication","content":"13 Social impact assessment—publication\n(1) This section applies if an applicant for any of the following is required\nto provide a social impact assessment with the application:\n(a) an authorisation certificate;\n(b) an amendment of an authorisation certificate.\n(2) The applicant must give public notice of the application, stating\n(a) the social impact assessment for the application will be available\nfor inspection by members of the public for 6 weeks after a day\nstated in the public notice (the comment period)—\n(i) at a place in the ACT named on the commission’s website\nduring ordinary business hours; and\n(ii) on the commission’s website; and\n\n(b) any written submissions about the social impact assessment may\nbe made to the commission within the comment period.\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1).\n(3) Before the comment period begins, the applicant must give the\ncommission—\n(a) the social impact assessment for the application; and\n(b) a copy of the public notice.\n(4) The applicant must—\n(a) on or before the day the public notice is given, place a sign\n(the information sign) containing information about the\napplication in a prominent position outside each public entrance\nto the premises to which the application relates; and\n(b) ensure that the sign remains in the position for the comment\n(5) The information sign must include the following:\n(a) a description of the application;\n(b) a statement of when and where the social impact assessment for\nthe application will be available;\n(c) an invitation to make written submissions to the commission\nabout the social impact assessment within the comment period;\n(d) when the comment period ends;\n(e) details of where to get more information about the application.\n\nDefinitions and important concepts Division 2B.1\n(6) The commission must make the social impact assessment available\nfor inspection by members of the public during the comment period—\n(a) at a place in the ACT named on the commission’s website during\nordinary business hours; and\n(b) by publishing the assessment on the commission’s website.\n(7) The commission must not decide the application until the comment\nperiod has ended.\n","sortOrder":22},{"sectionNumber":"14","sectionType":"section","heading":"Applications to be dealt with in order of receipt etc","content":"14 Applications to be dealt with in order of receipt etc\n(1) A person may make an authorisation certificate application when the\nperson makes a licence application for a class B or class C licence.\n(2) The commission must deal with properly completed licence\napplications and properly completed authorisation certificate\napplications in the order in which the commission receives the\napplications.\nNote 3 It is an offence to make a false or misleading statement, give false or\n\n","sortOrder":23},{"sectionNumber":"Div 2B","sectionType":"division","heading":"2 Class C licences—application and","content":"Division 2B.2 Class C licences—application and\n","sortOrder":24},{"sectionNumber":"15","sectionType":"section","heading":"Licence for class C gaming machines—application","content":"15 Licence for class C gaming machines—application\nA club may apply to the commission for a licence for class C gaming\nmachines (a class C licence application).\n","sortOrder":25},{"sectionNumber":"16","sectionType":"section","heading":"Class C licence application—contents","content":"16 Class C licence application—contents\nA class C licence application must—\n(a) be in writing and signed by the applicant; and\n(b) state the name of the applicant’s legal entity and the applicant’s\naddress; and\n(c) state the applicant’s ABN; and\n(d) state the applicant’s—\n(i) ACN; or\n(ii) if the applicant is an incorporated association—association\nnumber; and\n(e) state that the application is for a class C licence; and\n(f) state the name and address of each director of the applicant; and\n(g) state the name of each influential person for the applicant and\nthe person’s relationship with the applicant; and\n(h) include the following:\n(i) a copy of the applicant’s constitution;\n\nClass C licences—application and issue Division 2B.2\n(ii) an alphabetical list of names and addresses of all current\nmembers of the applicant, certified correct by the\napplicant’s secretary;\n(iii) a statement, signed by the applicant’s secretary, stating the\ngrounds on which the applicant claims to be an eligible\nclub;\nNote A club is a corporation (see dict, def corporation).\n(iv) evidence that a majority of the applicant’s voting members\nwho voted in a ballot conducted under a regulation voted\nfor the applicant having gaming machines; and\n(i) include anything else prescribed by regulation.\n","sortOrder":26},{"sectionNumber":"17","sectionType":"section","heading":"Class C licence—decision on application","content":"17 Class C licence—decision on application\n(1) This section applies if the commission receives a licence application\nunder section 15 (Licence for class C gaming machines—\napplication).\n(2) In deciding whether to issue a class C licence, the commission may\nconsider any matter prescribed by regulation.\n(3) The commission must issue a class C licence to the applicant if\nsatisfied on reasonable grounds that—\n(a) the applicant is an eligible person; and\n\n(b) a majority of the applicant’s voting members who voted in a\nballot conducted under a regulation voted for the applicant\nhaving gaming machines.\nNote 1 If a corporation is a club, the corporation is an eligible person if it is an\neligible club (see s 7 (1) (b)).\nNote 2 The commission may refuse to issue a class C licence to a club if a ground\nfor refusing the licence exists (see s 18).\n","sortOrder":27},{"sectionNumber":"18","sectionType":"section","heading":"Class C licence application—grounds for refusal","content":"18 Class C licence application—grounds for refusal\n(1) The commission may refuse to issue a class C licence to a club if\nsatisfied that—\n(a) the election of a member of the club’s management committee\nor board has been decided, controlled or influenced in a\nsignificant way, or to a significant degree, by—\n(i) people who are not voting members of the club; or\n(ii) only some voting members of the club; or\n(b) the voting members of the club, taken as a group, do not have\ncomplete control over the election of all members of the club’s\nmanagement committee or board; or\n(c) each voting member of the club does not have an equal right to\nelect people, or to nominate or otherwise choose people for\nelection, to the club’s management committee or board; or\n(d) if the club does not own its premises—an executive officer or\nemployee of the club is also the club’s lessor, or an associate of\nthe club’s lessor; or\n(e) an executive officer or employee of the club is a creditor, or an\nassociate of a creditor, of the club; or\n\nClass C licences—application and issue Division 2B.2\n(f) the club’s management committee or board does not, for any\nreason, have complete control over the club’s business or\noperations, or a significant aspect of the club’s business or\noperations; or\n(g) the club is being, or may be, used as a device for individual gain\nor commercial gain by someone other than the club.\n(2) However, the commission must not refuse to issue a class C licence\nunder subsection (1) (a), (b) or (c) only because—\n(a) the commission is satisfied that the election of a member of the\nclub’s management committee or board has been decided,\ncontrolled or influenced in a significant way, or to a significant\ndegree, by an associated organisation; or\n(b) the voting members of the club, taken as a group, do not have\ncomplete control over the election of all members of the club’s\nmanagement committee or board because an associated\norganisation has some control; or\n(c) each voting member of the club does not have an equal right to\nelect people, or to nominate or otherwise choose people for\nelection, to the club’s management committee or board because\nan associated organisation has a right to elect, nominate or\notherwise choose people for election.\nNote Associated organisation, for a club—see the dictionary.\n","sortOrder":28},{"sectionNumber":"19","sectionType":"section","heading":"Class C licence—conditions","content":"19 Class C licence—conditions\nA class C licence is subject to—\ncertificates—conditions) that applies to a licence; and\n\n","sortOrder":29},{"sectionNumber":"20","sectionType":"section","heading":"Class C licence—form","content":"20 Class C licence—form\n(1) A class C licence must—\n(i) the licensee’s name;\n(ii) if the licensee carries on business under a name other than\n(iii) the licensee’s ABN;\n(iv) the licensee’s—\n(B) if the licensee is an incorporated association—\nassociation number;\n(v) the date the licence comes into force;\n(vi) a unique identifying number (a licence number);\n(vii) a statement that the licensee is entitled to operate class C\n(viii) the conditions on the licence.\n(2) A regulation may prescribe other requirements in relation to the form\nof a licence.\n\nDivision 2B.3 Authorisation certificates for class C\ngaming machines—application and\n","sortOrder":30},{"sectionNumber":"21","sectionType":"section","heading":"Authorisation certificate for class C gaming machines—","content":"21 Authorisation certificate for class C gaming machines—\n(1) A club may apply to the commission for an authorisation certificate\n(an authorisation certificate application) to have the maximum\nnumber of authorisations for class C gaming machines at the premises\nstated in the application.\nNote For the issue of authorisations in relation to a class B licence, see\ndiv 2B.4.\n(2) However, a club may make an authorisation certificate application\nonly if the club—\n(a) holds a current licence for class C gaming machines; or\n(b) has made a class C licence application.\n","sortOrder":31},{"sectionNumber":"22","sectionType":"section","heading":"Authorisation certificate for class C gaming machines—","content":"22 Authorisation certificate for class C gaming machines—\ncontents of application\n(1) An authorisation certificate application for class C gaming machines\nmust—\n(i) the name of the applicant’s legal entity (the applicant’s\nname);\n(ii) if the applicant carries on business under a name other than\nthe applicant’s name—the name under which the applicant\n(iii) the applicant’s ABN;\n\n(iv) the applicant’s—\n(B) if the applicant is an incorporated association—\nassociation number; and\n(c) state the address, and block and section number, of the premises\nfor which the authorisation certificate is sought; and\n(d) state the maximum number of authorisations for gaming\nmachines for which the authorisation certificate is sought; and\n(e) be accompanied by each of the required documents for the\n(2) For subsection (1) (e), the required documents are the following:\n(a) a social impact assessment for the application;\n(b) a plan of the premises that—\n(i) is drawn to scale; and\n(ii) clearly shows the location, boundaries and dimensions of\nthe area in the premises where gaming machines are to be\ninstalled (the proposed gaming area);\n(c) a copy of the current gaming rules the applicant has adopted in\nrelation to the premises for which the authorisation certificate is\nsought;\nExamples—what gaming rules may cover\n1 how long a gaming machine may be reserved for\n2 who may play the gaming machines\n3 banning of extension of credit to players\n4 cash payment limits\n\n(d) a copy of the current control procedures the applicant has\nadopted to control the operation of gaming machines on the\npremises for which the authorisation certificate is sought;\nNote Section 97 sets out the requirements for control procedures.\n(e) any other documents required by regulation.\n23 Authorisation certificate for class C gaming machines—\ndecision on application\n(1) This section applies if the commission receives an authorisation\ncertificate application for class C gaming machines.\n(2) The commission must issue an authorisation certificate to the\napplicant if satisfied on reasonable grounds—\n(a) that the applicant holds a class C licence; and\n(b) the gaming rules and control procedures the applicant has\nadopted for the purpose of controlling the operation of gaming\nmachines are adequate for that purpose; and\n(c) taking into consideration the social impact assessment for the\napplication and any submission made on the assessment within\nthe comment period under section 13 (Social impact\nassessment—publication), the issue of the authorisation\ncertificate is appropriate.\n\n(3) However, the commission must not issue an authorisation certificate\nto the applicant if the premises for which the authorisation certificate\nis sought are located in—\n(4) The commission must issue the authorisation certificate for the\nnumber of authorisations for gaming machines stated in the\napplication if satisfied on reasonable grounds that the size and layout\nof the proposed gaming area are suitable for the installation of the\nnumber of gaming machines for which the authorisation certificate is\nsought.\n(5) The commission may issue the authorisation certificate for a lower\nnumber of authorisations for gaming machines than the number stated\nin the application if satisfied that the size and layout of the proposed\ngaming area are suitable for the installation of the lower number of\ngaming machines.\nNote The commission may refuse to issue an authorisation certificate to a club\nif a ground for refusing to issue the certificate exists (see s 24).\n(6) In deciding the maximum number of authorisations for gaming\nmachines under an authorisation certificate, the commission must\nconsider the following:\n(a) the size and layout of the premises the application relates to;\n(b) the size and layout of the proposed gaming area;\n(c) the number of club members worked out under a regulation;\n(d) the ratio of club members to the maximum number of\nauthorisations for gaming machines sought by the licensee;\n\n(e) the extent to which the club has contributed to, or is likely to\ncontribute to, the community and supported and benefited the\ncommunity;\n(f) the social impact assessment for the application for the\nauthorisation certificate and any submission made on the\nassessment within the comment period under section 13.\n(7) In deciding whether a proposed gaming area is suitable for the\ninstallation of the number of gaming machines the licensee may have\nunder an authorisation certificate, the commission must consider\nharm minimisation strategies for patrons.\n(8) The commission may consider anything else prescribed by regulation.\n","sortOrder":32},{"sectionNumber":"24","sectionType":"section","heading":"Authorisation certificate application for class C gaming","content":"24 Authorisation certificate application for class C gaming\nmachines—grounds for refusal\nThe commission may refuse to issue an authorisation certificate to a\nclub if satisfied that—\n(a) payments for goods and services supplied to the club, including\nthe rental or lease payments for the club’s premises, are related\nto the level of gaming machine performance; or\nExamples—goods and services\n• food and beverages\n• cleaning services\n• gaming machines\n(b) someone, other than the lessor or leasing agent, will receive a\npayment or benefit during or at the end of a lease, agreement or\narrangement entered into by the club for its premises.\n\n","sortOrder":33},{"sectionNumber":"25","sectionType":"section","heading":"Issue of authorisation certificate for class C gaming","content":"25 Issue of authorisation certificate for class C gaming\nmachines—number of gaming machines to be operated\nTo remove any doubt, a licensee issued with an authorisation\ncertificate for a maximum number of authorisations for class C\ngaming machines at the premises stated in the certificate may, at any\ntime, operate the maximum number, or less than the maximum\nnumber, of gaming machines allowed under the authorisation\ncertificate.\nNote 1 The licensee must not acquire a gaming machine for premises authorised\nunder an authorisation certificate if the licensee does not hold an\nauthorisation for the gaming machine (see s 98 (4)).\nNote 2 The licensee must not operate a gaming machine if the operation of the\ngaming machine is not allowed under an authorisation certificate (see\ns 104).\n","sortOrder":34},{"sectionNumber":"26","sectionType":"section","heading":"Authorisation certificate for class C gaming machines—","content":"26 Authorisation certificate for class C gaming machines—\nAn authorisation certificate for a maximum number of authorisations\nfor class C gaming machines is subject to—\ncertificates—conditions) that applies to an authorisation\n","sortOrder":35},{"sectionNumber":"27","sectionType":"section","heading":"Authorisation certificate for class C gaming machines—","content":"27 Authorisation certificate for class C gaming machines—\nform\n(1) An authorisation certificate for a class C licence must—\n(a) include the following:\n(i) the licensee’s name;\n\n(ii) if the licensee carries on business under a name other than\n(iii) the licensee’s ABN;\n(iv) the licensee’s—\n(B) if the licensee is an incorporated association—\nassociation number; and\n(b) state the licensee’s licence number; and\n(c) include a unique identifying number (an authorisation\ncertificate number); and\n(d) state that class C gaming machines only are allowed under the\n(e) state the details of the premises where the licensee is authorised\nto have the gaming machines; and\n(f) state the details of the part of the premises (the gaming areas)\nwhere the licensee is allowed to operate the gaming machines;\nand\n(g) state the maximum number of authorisations for gaming\nmachines under the authorisation certificate; and\n(h) include a schedule (an authorisation schedule) that contains—\n(i) the serial number of each gaming machine the licensee has\nunder the authorisation certificate; and\n\n(ii) a unique identifying number for each authorisation (an\nauthorisation number) under the authorisation certificate.\nNote A licensee may also store gaming machines the licensee has under\nan authorisation (see div 6A.7).\n(2) A regulation may prescribe other requirements in relation to the form\nof an authorisation certificate or authorisation schedule.\nDivision 2B.4 Licences and authorisation\ncertificates—class B gaming\n","sortOrder":36},{"sectionNumber":"28","sectionType":"section","heading":"Licence and authorisation certificate for class B gaming","content":"28 Licence and authorisation certificate for class B gaming\nmachines—restricted application\n(1) A person may apply to the commission for a licence and authorisation\ncertificate for class B gaming machines (a class B licence and\nauthorisation certificate application) only if—\n(a) the application relates to a business being purchased from the\nholder of a class B licence; and\n(b) the business is operated under a general licence or on licence.\n(2) A class B licence and authorisation certificate application must—\n(i) if the applicant is an individual—the applicant’s full name;\n(ii) the name of the applicant’s legal entity;\n(iii) if the applicant carries on business under a name other than\nthe name of the applicant’s legal entity—the name under\nwhich the applicant carries on business;\n(iv) the applicant’s ABN and ACN (if any); and\n\nLicences and authorisation certificates—class B gaming machines Division 2B.4\n(c) state that the application is for a class B licence and authorisation\n(d) state the address, and block and section number, of the premises\nwhere the business is operated; and\n(e) state the number of gaming machines at the premises; and\n(f) state the serial number for each gaming machine at the premises;\nand\n(g) if the applicant is a corporation—\n(i) state the name and address of each director of the\ncorporation; and\n(ii) state the name of each influential person for the corporation\nand the person’s relationship with the corporation; and\n(h) include anything else prescribed by regulation.\n","sortOrder":37},{"sectionNumber":"29","sectionType":"section","heading":"Class B licence and authorisation certificate—decision","content":"29 Class B licence and authorisation certificate—decision\non application\n(1) This section applies if the commission receives a class B licence and\nauthorisation certificate application as a consequence of the sale of a\nbusiness to the applicant.\n(2) In deciding whether to issue a class B licence and authorisation\ncertificate, the commission may consider any matter prescribed by\nregulation.\n\n(3) The commission must issue a class B licence and authorisation\ncertificate to the applicant if satisfied on reasonable grounds that the\napplicant is an eligible person.\nNote 1 For eligibility of individuals, see s 6.\nNote 2 For eligibility of corporations, see s 7.\n(4) The commission must issue an authorisation certificate for each\npremises of the business for the number of authorisations for class B\ngaming machines the licensee who sold the business was authorised\nto have at the time of the sale, if satisfied on reasonable grounds—\n(a) the size and layout of the proposed gaming area are suitable for\nthe installation of the number of gaming machines for which the\nauthorisation certificate is sought; and\n(b) that the applicant holds the appropriate licence under the Liquor\nAct 2010 for the premises for which the authorisation is to be\nissued; and\n(c) if an on licence applies to the premises to which the application\nrelates—the premises are used by people mainly for drinking\nalcohol; and\n(d) the gaming rules and control procedures the applicant has\nadopted for the purpose of controlling the operation of gaming\nmachines are adequate for that purpose.\n(5) However, the commission must not issue an authorisation certificate\nto the applicant if the premises for which the authorisation certificate\nis sought are located in—\n\nLicences and authorisation certificates—class B gaming machines Division 2B.4\n","sortOrder":38},{"sectionNumber":"30","sectionType":"section","heading":"Class B licence and authorisation certificate—conditions","content":"30 Class B licence and authorisation certificate—conditions\nand form\n(1) A class B licence is subject to—\ncertificates—conditions) that applies to a licence; and\n(2) A class B licence must—\n(i) if the licensee is an individual—the individual’s full name;\n(ii) if the licensee is not an individual—the licensee’s name;\n(iii) if the licensee carries on business under a name other than\n(iv) the licensee’s ABN (if any);\n(v) if the licensee is a corporation—the corporation’s ACN;\n(vi) the date the licence comes into force;\n(vii) a unique identifying number (a licence number);\n(viii) a statement that the licensee is entitled to operate class B\n(ix) the conditions on the licence.\n(3) An authorisation certificate for a class B licence must—\n(a) state the licensee’s name, address, ABN and ACN (if any); and\n(b) if the licensee is not an individual—state the name of the\nlicensee’s legal entity; and\n\n(c) if the licensee carries on business under a name other than the\nlicensee’s name—state the name under which the licensee\ncarries on business; and\n(d) state the licensee’s licence number; and\n(e) include a unique identifying number (an authorisation\ncertificate number); and\n(f) state that class B gaming machines only are allowed under the\n(g) include details of the premises where the licensee is authorised\nto have the gaming machines; and\n(h) include details of the part of the premises (the gaming areas)\nwhere the licensee is allowed to operate the gaming machines;\nand\n(i) state the number of authorisations for gaming machines under\nthe authorisation certificate; and\n(j) include a schedule (an authorisation schedule) that contains—\n(i) the serial number of each gaming machine the licensee has\nunder the authorisation certificate; and\n(ii) a unique identifying number for each authorisation (an\nauthorisation number) under the authorisation certificate.\nNote A licensee may also store gaming machines the licensee has under\nan authorisation certificate (see div 6A.7).\n(4) A regulation may prescribe other requirements in relation to the form\nof a class B licence or authorisation certificate for a class B licence.\n\nDivision 2B.5 Licences and authorisation\ncertificates—amendments\n","sortOrder":39},{"sectionNumber":"31","sectionType":"section","heading":"Licence amendment—application","content":"31 Licence amendment—application\n(1) A licensee may apply, in writing, to the commission for an\namendment of a licence only to change a minor detail in the licence\n(a minor licence amendment application).\nto change the licensee’s trading name\n(b) set out the proposed amendment of the licence; and\n(c) explain why the applicant is seeking the amendment; and\n(d) include anything else required by regulation.\nNote It is an offence to make a false or misleading statement, give false or\n(3) A regulation may require a minor licence amendment application\nto—\n(a) include stated information; or\n(b) be accompanied by stated documents.\n","sortOrder":40},{"sectionNumber":"32","sectionType":"section","heading":"Licence amendment decision—minor amendment","content":"32 Licence amendment decision—minor amendment\n(1) This section applies if a licensee makes a minor licence amendment\n(a) amend the licence in accordance with the application; or\n\n(b) refuse to amend the licence.\n(3) The commission must—\n(a) tell the licensee, in writing, of a decision under subsection (2);\nand\n(b) if the commission refuses to amend the licence—give the\nreasons for the decision.\n","sortOrder":41},{"sectionNumber":"33","sectionType":"section","heading":"Authorisation certificate amendment—application","content":"33 Authorisation certificate amendment—application\n(1) A licensee may apply, in writing, to the commission for an\namendment of an authorisation certificate (an authorisation\ncertificate amendment application) only to—\n(a) do any of the following at the authorised premises (a gaming\narea amendment):\n(i) change the size or shape of a gaming area, or part of a\ngaming area;\n(ii) change the location of a gaming area;\n(iii) add another gaming area; or\nNote Gaming area—see s 27 (1) (f) and s 30 (3) (h).\n\n(b) enable the licensee to relocate all gaming machine operations\nallowed under the authorisation certificate to new premises\nlocated in a permitted area (a premises relocation amendment);\nor\n(c) increase the maximum number of authorisations for class C\ngaming machines under the authorisation certificate (an\nincrease maximum amendment).\nNote 1 Section 34 sets out what must be included in an authorisation certificate\namendment application.\nNote 2 An authorisation certificate may also be amended under the following\nsections:\n• s 37B (a technical amendment)\n• s 37C (an amendment of a licence, authorisation certificate or\nauthorisation schedule on the commission’s own initiative).\n(2) To remove any doubt, a licensee does not need to apply for a gaming\narea amendment, or any other authorisation amendment, to move a\ngaming machine from one part of a gaming area to another part of the\ngaming area.\npermitted area means an area other than—\n","sortOrder":42},{"sectionNumber":"34","sectionType":"section","heading":"Authorisation certificate amendment—contents of","content":"34 Authorisation certificate amendment—contents of\nAn authorisation certificate amendment application must—\n(b) set out the proposed amendment of the authorisation certificate;\nand\n(c) explain why the applicant is seeking the amendment; and\n\n(d) for a gaming area amendment—be accompanied by a plan of the\npremises, drawn to scale, that clearly shows the proposed\nchanges to the gaming area; and\n(e) for a premises relocation amendment in relation to relocating all\ngaming machine operations to new premises within the same\nsuburb—\n(i) state the address, and block and section number, of the new\n(ii) be accompanied by a plan of the new premises, drawn to\nscale, that clearly shows the location, boundaries and\ndimensions of the proposed gaming area; and\n(f) for a premises relocation amendment in relation to relocating all\ngaming machine operations to new premises in another\nsuburb—\n(i) state the address, and block and section number, of the new\n(ii) be accompanied by—\n(A) a social impact assessment; and\n(B) a plan of the new premises, drawn to scale, that\nclearly shows the location, boundaries and\ndimensions of the proposed gaming area; and\n(C) if the applicant is a club—evidence that a majority of\nthe voting members of the club who voted in a ballot\nconducted under a regulation voted for the club\nrelocating to the new premises.\n\n","sortOrder":43},{"sectionNumber":"35","sectionType":"section","heading":"Authorisation certificate amendment decision—gaming","content":"35 Authorisation certificate amendment decision—gaming\narea amendment\n(1) This section applies if a licensee applies for a gaming area\nNote Gaming area amendment—see s 33 (1) (a).\n(4) The commission must amend the authorisation certificate in\naccordance with the application if it is satisfied that the gaming area\nproposed to be changed will be suitable for the operation of the\nnumber of gaming machines the licensee may have under the\n(5) In deciding whether a gaming area will be suitable for the operation\nof the number of gaming machines the licensee may have under the\nauthorisation certificate, the commission must consider harm\nminimisation strategies for patrons.\n\n","sortOrder":44},{"sectionNumber":"36","sectionType":"section","heading":"Authorisation certificate amendment decision—premises","content":"36 Authorisation certificate amendment decision—premises\nrelocation amendment\n(1) This section applies if a licensee applies for a premises relocation\nNote Premises relocation amendment—see s 33 (1) (b).\n(4) In deciding whether to amend the authorisation certificate, the\n(a) the application for the amendment;\n(b) if the new premises are in another suburb—\n(i) the social impact assessment for the application; and\n(ii) each submission made about the social impact assessment\nwithin the comment period mentioned in section 13 (2)\n(Social impact assessment—publication).\n\n(5) If the application is for a premises relocation amendment in relation\nto premises in another suburb, the commission must amend the\nauthorisation certificate in accordance with the application if satisfied\n(a) the size and layout of the new premises and the proposed gaming\narea are suitable for the operation of the number of gaming\nmachines that would be allowed under the authorisation\n(b) a majority of the voting members of the applicant who voted in\na ballot conducted under a regulation voted for the club\nrelocating to the new premises; and\n(c) taking into consideration the social impact assessment for the\napplication and any submission made on the assessment within\nthe comment period under section 13 (2), the amendment of the\nauthorisation certificate is appropriate.\n(6) However, if the commission is not satisfied under subsection (5) in\nrelation to the maximum number of authorisations for gaming\nmachines stated in the application, but would be satisfied under\nsubsection (5) (a) or (c) in relation to a lower maximum, the\ncommission may amend the authorisation certificate to allow a lower\nmaximum number of authorisations for gaming machines at the new\n(7) If the application is for a premises relocation amendment in relation\nto premises in the same suburb, the commission must amend the\nauthorisation certificate in accordance with the application if satisfied\nthat the size and layout of the new premises and the proposed gaming\narea are suitable for the operation of the number of gaming machines\nthat would be allowed under the authorisation certificate.\n\n(8) However, if the commission is not satisfied under subsection (7) in\nrelation to the maximum number of authorisations for gaming\nmachines stated in the application, but would be satisfied in relation\nto a lower maximum, the commission may amend the authorisation\ncertificate to allow a lower maximum number of authorisations for\ngaming machines at the new premises.\n","sortOrder":45},{"sectionNumber":"37","sectionType":"section","heading":"Authorisation certificate amendment decision—increase","content":"37 Authorisation certificate amendment decision—increase\nmaximum amendment\n(1) This section applies if a licensee applies for an increase maximum\nNote Increase maximum amendment—see s 33 (1) (c).\n\n(4) The commission must amend the authorisation in accordance with the\napplication if satisfied that—\n(a) the application is accompanied by a social impact assessment\nthat supports an increase in the maximum number of\nauthorisations for gaming machines allowed at the authorised\n(b) the size and layout of the premises mentioned in the\nauthorisation certificate is suitable for the operation of the\nnumber of gaming machines that would be allowed under the\n(5) In deciding the maximum number of authorisations for gaming\nmachines under the amended authorisation certificate, the\n(a) the number of club members worked out under a regulation;\n(b) the ratio of club members to the maximum number of\nauthorisations for gaming machines sought by the licensee;\n(c) the extent to which the club has contributed to, or is likely to\ncontribute to, the community and supported and benefited the\ncommunity.\n","sortOrder":46},{"sectionNumber":"37B","sectionType":"section","heading":"Authorisation certificate amendment—technical","content":"37B Authorisation certificate amendment—technical\n(1) This section applies if a licensee wants to make 1 or more of the\nfollowing changes to a gaming machine operated under an\nauthorisation certificate (a technical amendment):\n(a) change the percentage payout of the gaming machine;\n(b) change the basic stake denomination of the gaming machine;\n(c) change the game installed on the gaming machine;\n\n(d) change any other technical detail mentioned in the authorisation\nschedule.\n(2) The licensee must notify the commission about the proposed\ntechnical amendment.\nNote 1 Making a technical amendment to a gaming machine is a notifiable action\n(see pt 13A and sch 2).\n","sortOrder":47},{"sectionNumber":"37C","sectionType":"section","heading":"Amendment of licence, authorisation certificate etc—","content":"37C Amendment of licence, authorisation certificate etc—\ncommission’s own initiative\n(1) The commission may amend a licence, authorisation certificate or\nauthorisation schedule on its own initiative to correct a mistake, error\nor omission on the licence or authorisation certificate or authorisation\nschedule.\n(2) If the maximum number of authorisations for gaming machines\nallowed under an authorisation certificate has changed, the\ncommission may amend the authorisation certificate to record the\ncorrect maximum number.\n(3) If a licensee notifies the commission about the acquisition or disposal\nof an authorisation under division 6A.6 (Trading of authorisations\nand gaming machines), the commission must amend the licensee’s\nauthorisation schedule to—\n(a) for an acquisition—include the authorisation number of the\nacquired authorisation; or\n\n(b) for a disposal—remove the authorisation number of the disposed\n","sortOrder":48},{"sectionNumber":"37D","sectionType":"section","heading":"Re-issue of amended licence, authorisation certificate etc","content":"37D Re-issue of amended licence, authorisation certificate etc\n(1) If the commission amends a licence under this Act, the commission\nmust issue the licensee with a licence that includes the amendment\n(a replacement licence).\n(2) The replacement licence must state—\n(a) that the licence is a replacement licence; and\n(b) the date the replacement licence was issued; and\nExample—commencement of amendment\nthe day a new trading name for the licensee is registered\n(3) If the commission amends an authorisation certificate (other than the\nschedule to the certificate) under this Act, the commission must issue\nthe licensee with an authorisation certificate that includes the\namendment (a replacement authorisation certificate).\n(4) The replacement authorisation certificate must state—\n(a) that the certificate is a replacement authorisation certificate; and\n(b) the date the replacement authorisation certificate was issued;\nand\n(5) If an authorisation schedule to an authorisation certificate is amended\nunder this Act, the commission must issue the licensee with an\nauthorisation schedule that includes the amendment (a replacement\nauthorisation schedule).\n\n(6) The replacement authorisation schedule must state—\n(a) that the authorisation schedule is a replacement authorisation\nschedule; and\n(b) the date the replacement authorisation schedule was issued; and\nExample—commencement of amendment\nthe day the commission receives an installation certificate for a new gaming\nDivision 2B.6 Transfer and surrender of licences\nand authorisation certificates\n","sortOrder":49},{"sectionNumber":"37E","sectionType":"section","heading":"Transferring an authorisation certificate","content":"37E Transferring an authorisation certificate\n(1) If a licensee (the outgoing licensee) transfers an authorisation\ncertificate to another licensee (the incoming licensee), the incoming\nlicensee must tell the commission about the transfer.\nNote 1 The transfer of an authorisation certificate is a notifiable action (see\npt 13A and sch 2).\n\nTransfer and surrender of licences and authorisation certificates Division 2B.6\n(2) If an authorisation certificate is transferred under subsection (1), the\noutgoing licensee must give the commission the following:\n(a) the outgoing licensee’s computer cabinet access register;\n(b) the accounts kept by the outgoing licensee under section 52\n(Accounts relating to gaming machines) that relate to amounts\ntaken during the month when the transfer is made;\n(c) any other accounts kept in connection with the licence under\nsection 52 that the commission requires;\n(d) any outstanding amount payable by the outgoing licensee under\nNote Amounts are payable by licensees under provisions including s 143, s 159\nand s 172B.\n","sortOrder":50},{"sectionNumber":"37F","sectionType":"section","heading":"Surrender of licences, authorisation certificates and","content":"37F Surrender of licences, authorisation certificates and\n(1) A licensee may surrender—\n(a) the licensee’s licence; or\n(b) 1 or more authorisation certificates under the licence; or\n(c) an authorisation.\nNote If a licensee surrenders a licence, all authorisation certificates under the\nlicence are cancelled (see s (3) (a)).\n\n(2) A licensee may surrender a licence, authorisation certificate or\nauthorisation by—\n(a) notifying the commission that the licensee surrenders the\nlicence, authorisation certificate or authorisation; and\nNote 1 The surrender of a licence, authorisation certificate or authorisation\nis a notifiable action (see pt 13A and sch 2).\n(b) if the commission allows the notifiable action to take place\non an earlier day—that day (see s 173E (b)); or\ns 173E (c)—when the commission has notified the licensee\nthat it is satisfied in relation to the additional information\n(see s 173E (c)).\n(b) if the licensee surrendering an authorisation certificate is a\nclub—giving the commission evidence—\n(i) that a majority of the voting members of the club who\nvoted in a ballot conducted under a regulation voted for the\nclub surrendering the authorisation certificate; or\n(ii) that a vote under subparagraph (i) would not be practical;\nand\n(c) returning the licence, certificate or authorisation to the\nExample—par (b) (ii)\nall memberships have expired and the club does not propose to continue operating\n(3) If a licensee notifies the commission about the surrender of the\nlicensee’s licence, the commission must—\n(a) cancel all authorisation certificates held by the licensee; and\n\nTransfer and surrender of licences and authorisation certificates Division 2B.6\n(b) give the licensee a storage permit for an interim purpose for each\ngaming machine under the cancelled authorisation certificates.\n(4) If a licensee surrenders an authorisation certificate or an authorisation\nunder this section, the commission must give the licensee a storage\npermit for an interim purpose for each gaming machine under the\nsurrendered certificate or authorisation.\n(5) If an authorisation certificate or authorisation is surrendered or\ncancelled under this section, the licensee must—\n(a) take meter readings from each gaming machine under the\ncertificate or authorisation; and\n(c) within the prescribed number of days after the day the certificate\nor authorisation is surrendered or cancelled, give the\ncommission—\n(i) details of the meter readings taken under paragraph (a); and\n(ii) any outstanding amount payable by the licensee in relation\nto the operation of the gaming machine under the\nsurrendered or cancelled authorisation certificate.\nNote Prescribed number of days—see s 173D (5).\n","sortOrder":51},{"sectionNumber":"37G","sectionType":"section","heading":"Offence—failure to dispose of gaming machines","content":"37G Offence—failure to dispose of gaming machines\n(a) an authorisation held by the person was surrendered or cancelled\nunder section 37F; and\n(b) the commission gave the person a storage permit for a gaming\nmachine to which the authorisation related; and\n\n(c) the person fails to dispose of the gaming machine mentioned in\nthe permit—\n(i) in the way the commission directs; or\n(ii) within the period stated in the storage permit.\nNote Div 6A.3 deals with disposal of gaming machines.\n\nCompliance with licence conditions Division 3.1\nPart 3 Licences and authorisation\ncertificates—conditions\nDivision 3.1 Compliance with licence conditions\n39 Offence—failure to comply with condition\n(a) the licensee’s licence is subject to a condition; and\n(b) the licensee fails to comply with a requirement of the condition.\n(2) A licensee commits an offence if—\n(a) an authorisation certificate held by the licensee is subject to a\ncondition; and\n(b) the licensee fails to comply with a requirement of the condition.\nNote Conditions on licences and authorisation certificates are imposed by the\ncommission and by other parts of the Act, as well as by this part.\n(4) Subsections (1) and (2) do not apply if the licensee took all reasonable\nsteps to comply with a requirement of the condition.\nmentioned in s (4) (see Criminal Code, s 58).\n\nDivision 3.2 General licence and authorisation certificate conditions\nDivision 3.2 General licence and authorisation\ncertificate conditions\n39A Compliance with requirements for issue of licence and\nauthorisation certificate\n(1) It is a condition of a licence that the licensee—\n(a) continually meets each requirement for the issue of a licence;\nand\nNote For the requirements for the issue of a licence, see s 17, in relation\nto class C gaming machines, and s 29 in relation to class B gaming\nmachines.\n(b) continues not to do anything that would, if the licensee were\napplying for a licence, cause the licensee to be refused the\nlicence.\nNote For the grounds for refusing to issue a class C licence, see s 18.\n(2) It is a condition of an authorisation certificate that the licensee—\n(a) continually meets each requirement for the issue of an\nNote For the requirements for the issue of an authorisation certificate,\nsee s 23, in relation to class C gaming machines, and s 29, in\nrelation to class B gaming machines.\n(b) continues not to do anything that would, if the licensee were\napplying for an authorisation certificate, cause the licensee to be\nrefused the authorisation certificate.\nNote For the grounds for refusing to issue an authorisation certificate for\na class C licence, see s 24.\n","sortOrder":52},{"sectionNumber":"40","sectionType":"section","heading":"Compliance with directions","content":"40 Compliance with directions\nIt is a condition of a licence that the licensee complies with a written\ndirection given to the licensee by the commission.\n\nGeneral licence and authorisation certificate conditions Division 3.2\n","sortOrder":53},{"sectionNumber":"41","sectionType":"section","heading":"Licence and authorisation certificate to be kept at","content":"41 Licence and authorisation certificate to be kept at\npremises\n(1) It is a condition of a licence that the licensee keeps a copy of the\nlicence and authorisation certificate (including the authorisation\nschedule) at the authorised premises to which the certificate relates.\n(2) However, subsection (1) does not apply if—\n(a) the licence or authorisation certificate is lost, stolen or\n(b) the licensee has given the commission a statement under the\nControl Act, section 53 (2) (Licences, authorisation certificates\nand authorisation schedules—replacement copies); and\n(c) the commission has not given the licensee a replacement.\n","sortOrder":54},{"sectionNumber":"42","sectionType":"section","heading":"Licence and authorisation certificate to be available on","content":"42 Licence and authorisation certificate to be available on\nrequest\n(1) It is a condition of a licence that the licensee allows a person, on\nrequest, to view a copy of the licence and authorisation certificate at\nthe authorised premises to which the certificate relates.\n(2) Subsection (1) does not apply if—\n(a) the licence or authorisation certificate is lost, stolen or\n(b) the licensee has given the commission a statement under the\nControl Act, section 53 (2) (Licences, authorisation certificates\nand authorisation schedules—replacement copies); and\n(c) the commission has not given the licensee a replacement.\n\n","sortOrder":55},{"sectionNumber":"Div 3","sectionType":"division","heading":"2 General licence and authorisation certificate conditions","content":"Division 3.2 General licence and authorisation certificate conditions\n","sortOrder":56},{"sectionNumber":"42A","sectionType":"section","heading":"Assistance with reviews","content":"42A Assistance with reviews\nIt is a condition of a licence that the licensee gives reasonable\nassistance to the commission in the conduct of any review the\ncommission undertakes.\nNote A failure to comply with this section is a ground for disciplinary action\n","sortOrder":57},{"sectionNumber":"43","sectionType":"section","heading":"Rules and control procedures for operation of gaming","content":"43 Rules and control procedures for operation of gaming\nmachines and peripheral equipment\nIt is a condition of a licence that the licensee must not operate a\ngaming machine or peripheral equipment on its authorised premises\notherwise than in accordance with licensee’s rules and control\nprocedures.\n","sortOrder":58},{"sectionNumber":"44","sectionType":"section","heading":"Installation in accordance with Act","content":"44 Installation in accordance with Act\nIt is a condition of a licence that the licensee must not allow the\ninstallation of a gaming machine on the licensee’s authorised\npremises otherwise than in accordance with this Act.\n","sortOrder":59},{"sectionNumber":"45","sectionType":"section","heading":"Installation certificate","content":"45 Installation certificate\n(1) It is a condition of a licence that the licensee gives the commission an\ninstallation certificate for a gaming machine if—\n(a) a gaming machine is installed on authorised premises; or\n(b) a technical amendment is made to a gaming machine operated\nunder an authorisation.\n(2) An installation certificate must—\n(b) state the licensee’s name and licence number; and\n(c) if a gaming machine is installed—identify the authorised\npremises where the gaming machine is installed; and\n\nGeneral licence and authorisation certificate conditions Division 3.2\n(d) if the commission has given the licensee a notice under\nsection 124 (Commission may require information) about the\ninstallation—include the details required by the notice; and\n(e) be given to the commission not more than 3 days after—\n(i) the day the gaming machine is installed or the technical\namendment made; or\n(ii) if the commission has given the licensee a notice under\nsection 124 about the installation—the day the commission\ngave the notice.\n","sortOrder":60},{"sectionNumber":"46","sectionType":"section","heading":"Operation after installation","content":"46 Operation after installation\n(1) This section applies if a gaming machine is operated on authorised\n(2) It is a condition of the licence that the licensee not allow the gaming\nmachine to be operated on the authorised premises unless the licensee\nhas given the commission a notice under section 45 (2) for the\n(3) However, subsection (2) does not prevent the operation of the gaming\nmachine for maintenance.\n","sortOrder":61},{"sectionNumber":"47","sectionType":"section","heading":"Operation subject to correct percentage payout","content":"47 Operation subject to correct percentage payout\n(1) It is a condition of a licence that the licensee not operate a gaming\nmachine on authorised premises if the percentage payout on the\ngaming machine is not the percentage payout under the authorisation\nschedule for the gaming machine.\n(2) Subsection (1) does not prevent the operation of the gaming machine\nto correct the percentage payout.\n\n","sortOrder":62},{"sectionNumber":"48","sectionType":"section","heading":"Approved statement to be displayed","content":"48 Approved statement to be displayed\nIt is a condition of a licence that, if the Minister approves a statement\nunder section 126, the statement is clearly displayed on each gaming\nmachine at authorised premises.\n","sortOrder":63},{"sectionNumber":"49","sectionType":"section","heading":"Maximum stake amount","content":"49 Maximum stake amount\nIt is a condition of the licence that the licensee not operate a gaming\nmachine with a stake amount that is more than the amount prescribed\nby regulation.\n","sortOrder":64},{"sectionNumber":"50","sectionType":"section","heading":"Licensee to comply with relevant codes of practice","content":"50 Licensee to comply with relevant codes of practice\nIt is a condition of a licence that the licensee comply with the relevant\ncode of practice (if any) prescribed under the Control Act.\n","sortOrder":65},{"sectionNumber":"52","sectionType":"section","heading":"Accounts relating to gaming machines","content":"52 Accounts relating to gaming machines\nIt is a condition of a licence that the licensee must—\n(a) keep full and separate accounts of all amounts taken from each\ngaming machine on the licensee’s authorised premises; and\n(b) keep the accounts in a way that allows them to be conveniently\nand properly audited; and\n(c) correctly balance the accounts at the end of each month.\n","sortOrder":66},{"sectionNumber":"52A","sectionType":"section","heading":"Application of Casino (Electronic Gaming) Act 2017 to","content":"52A Application of Casino (Electronic Gaming) Act 2017 to\ngaming machines operated near casino\n(1) It is a condition of a licence for a club that, if the licensee is related\nto the casino licensee and operates a gaming machine within 200m of\nthe boundary of the casino, the gaming machine must be operated in\naccordance with the Casino (Electronic Gaming) Act 2017,\nsection 26 (Acquiring casino gaming machine under authorisation)\nand part 7 (Casino gaming machines—pre-commitment system).\n\n(2) For subsection (1), the Casino (Electronic Gaming) Act 2017,\nsection 26 and part 7 apply to the operation of the gaming machine as\nif a reference to—\n(a) a casino gaming machine included a reference to a gaming\n(b) a casino gaming machine authorisation included a reference to\nan authorisation; and\n(c) a casino licensee included a reference to a class C licensee.\n(3) For this section, a licensee is related to the casino licensee if 1 or\nmore of the following apply:\n(a) the licensee and the casino licensee are related bodies corporate\nunder the Corporations Act, section 50;\n(b) the licensee and the casino licensee are associated entities under\nthe Corporations Act, section 50AAA;\n(c) the same person is an influential person for the licensee and the\ncasino licensee;\n(d) the licensee and the casino licensee have the same registered\noffice;\n(e) the licensee and the casino licensee have an arrangement or\nagreement with each other to share employees, resources,\nfacilities or services;\n(f) there is a financial interdependency between the licensee and the\ncasino licensee;\n(g) the licensee and the casino licensee have an arrangement or\nagreement with each other that gives members of each licensee\naccess to reciprocal benefits from the other licensee;\n(h) the licensee and the casino licensee use common branding or\nadvertise publicly as related clubs;\n(i) any other circumstance prescribed by regulation.\n\ncasino means the casino under the Casino Control Act 2006.\n","sortOrder":67},{"sectionNumber":"53","sectionType":"section","heading":"Conditions about inequitable benefits","content":"53 Conditions about inequitable benefits\n(1) It is a condition of a licence for a club that nobody, whether or not a\nmember of a club, directly or indirectly derives a benefit from the\nclub other than a benefit that—\n(a) is available equally to all voting members of the club; or\n(b) arises under an agreement in which the parties are dealing with\neach other at arm’s length; or\n(c) is given to a member under a resolution passed at a general\nmeeting of voting members.\n(2) It is a condition of a licence for a club that nobody, whether or not a\nmember of a club, directly or indirectly derives a benefit that is not\navailable equally to all voting members of the club from—\n(a) the club having applied for a licence; or\n(b) a licence being issued to the club; or\n(c) any added value that may accrue to the premises of the club\nbecause of a licence being issued to the club.\n(3) For this section, a person is not taken to be not dealing with the club\nat arm’s length only because—\n(a) the person and the club are corporations that are related under\nthe Corporations Act, section 50; or\n(b) the person, or an individual representing the person in dealings\nwith the club, is an influential person for the club.\n\n(4) This section does not prevent a person taking a benefit if—\n(a) the person is offered the benefit (whether or not under the rules\nof the club) in the course of acting on behalf of the club while\nperforming the person’s normal duties as an employee or\ndirector of the club; and\n(b) the benefit consists only of—\n(i) reasonable food or refreshment; or\n(ii) out-of-pocket expenses reasonably incurred and authorised\nby a resolution of the club’s management committee or\nboard; or\n(iii) an expense relating to the person’s duties paid by someone\nelse and authorised by a resolution of the club’s\nmanagement committee or board.\nExample—expense paid by someone else\nconference fees\n","sortOrder":68},{"sectionNumber":"53A","sectionType":"section","heading":"Condition about club’s constitution—consistency with","content":"53A Condition about club’s constitution—consistency with\ngaming laws\nIt is a condition of a licence for a club that the club’s constitution is\nconsistent with the gaming laws.\n","sortOrder":69},{"sectionNumber":"53B","sectionType":"section","heading":"Condition about club’s constitution—amendment if","content":"53B Condition about club’s constitution—amendment if\ninconsistent with gaming laws\n(1) It is a condition of a licence for a club that the club’s constitution\nprovides that, if the commission directs the club, under section 148B\n(Club constitution—consistency with gaming laws), to amend its\nconstitution to remove an inconsistency with a gaming law, the club\nmust amend its constitution, with or without an election of its voting\nmembers.\n\n(2) This section is declared to be a corporations legislation displacement\nprovision for the Corporations Act, section 5G (Avoiding direct\ninconsistency arising between the Corporations legislation and State\nand Territory laws).\nNote Subsection (2) ensures that any provision of the Corporations Act or the\nAustralian Securities and Investment Commission Act 2001 (Cwlth) with\nwhich this section would otherwise be inconsistent does not apply to the\nextent necessary to avoid the inconsistency.\n","sortOrder":70},{"sectionNumber":"54","sectionType":"section","heading":"Annual report of clubs","content":"54 Annual report of clubs\n(1) It is a condition of a licence for a club that the licensee’s annual report\nfor a financial year of the licensee include information about the\nfollowing for the financial year:\n(a) any contractual arrangement or consultancy entered into with an\ninfluential person during the year, including—\n(i) the position the influential person occupies in relation to\nthe licensee; and\n(ii) the purpose of the arrangement or consultancy; and\n(iii) the total amount of the arrangement or consultancy for the\nyear;\n(b) any contractual arrangement or consultancy entered into during\nthe year for more than the amount prescribed by regulation,\nincluding—\n(i) the purpose of the arrangement or consultancy; and\n(ii) the total amount of the arrangement or consultancy for the\nyear;\n\n(c) any remuneration given to a person the value of which is equal\nto or more than the amount prescribed by regulation;\nExample for par (c)\nA person may be remunerated by salary plus the use of a car.\n(d) if any benefits have been taken by a person during the\nfinancial year—\n(i) the person’s position in relation to the licensee; and\n(ii) a description of the benefit taken by the person; and\n(iii) the purpose for which the benefit was taken; and\n(iv) the monetary value of the benefit; and\n(v) the name of the person who offered the benefit;\n(e) the total value of any contributions made to registered parties\nand associated entities;\nNote A licensee that is a club must also include information about community\ncontributions made by the club in their annual report (see s 172).\n(f) anything else prescribed by regulation.\n(2) Not later than 10 working days after giving the commission a copy of\nthe licensee’s audited financial statements or certified income and\nexpenditure statement under section 158, the licensee must—\n(a) give the commission an electronic copy of the licensee’s annual\nreport; and\n(b) publish the annual report on a website of the licensee that can be\naccessed by the public free of charge.\nNote The commission must also publish information about community\ncontributions made by the club (see s 172).\n\n(3) For subsection (2), the licensee may remove confidential information\nor, with the written approval of the commission, other sensitive\ninformation from the annual report if the licensee sets out in the\npublished annual report—\n(a) that information was removed because it was confidential or\nsensitive; and\n(b) the nature of the information that was removed.\nassociated entity—see the Electoral Act 1992, section 198.\nconfidential information, in relation to an annual report, means\ninformation—\n(a) that is not publicly available when the annual report is\npublished; and\n(b) that is about the personal or business affairs of a person other\nthan the licensee; and\n(c) where 1 or more of the following apply:\n(i) the information was given to the licensee in confidence;\n(ii) publishing the information would reveal a trade secret;\n(iii) the information was provided in compliance with a duty\nimposed under an Act other than this Act;\n(iv) the licensee would breach a law by providing the\ninformation.\n","sortOrder":71},{"sectionNumber":"54A","sectionType":"section","heading":"Conditions about guests and temporary membership","content":"54A Conditions about guests and temporary membership\n(1) It is a condition of a licence for a club that—\n(a) a local guest may attend the club only if—\n(i) a club member signs in the guest; and\n\n(ii) the guest is accompanied by the member who signed the\nguest in (a signed-in guest); and\n(b) an interstate guest may attend the club only if the guest—\n(i) signs in to the club; and\n(ii) is issued with temporary membership by the club\n(a temporary member).\n(2) Subsection (1) does not apply if a person attends a club while a club\nrefuge declaration is in force for the club.\n(3) It is a condition of a licence for a club that the club must not—\n(a) require an interstate guest to pay a fee for temporary\nmembership of the club; or\n(b) allow a temporary member to be a voting member of the club.\ninterstate guest, for a club, means a person who—\n(a) is not a member of the club; and\n(b) is not a resident of the ACT.\nlocal guest, for a club, means a person who—\n(a) is not a member of the club; but\n(b) is a resident of the ACT.\n","sortOrder":72},{"sectionNumber":"55","sectionType":"section","heading":"Other conditions of club licences","content":"55 Other conditions of club licences\nEach of the following is a condition of a licence for a club:\n(a) the proceeds from the conduct of gaming are used in a way that\npromotes the objects of the licensee;\n(b) the licensee follows its objects or purposes honestly and\nseriously;\n\n(c) payments made under the licensee’s objects are in the best\ninterests of the licensee’s members;\n(d) salaries, wages, allowances or benefits paid or payable by the\nlicensee to the licensee’s executive officers and employees are\nreasonable;\n(e) payments for services provided to the licensee are reasonable\nand necessary, particularly in relation to the scale of the\nlicensee’s licensed business;\nThe licensee has 4 gaming machines and pays $150 000 a year for gaming\nmachine advice. This payment is not reasonable because the payment is\ndisproportionately large given the revenues from the 4 machines in relation\nto which the advice is being given.\n(f) only members, temporary members and signed-in guests can\nplay gaming machines in the club.\nNote Signed-in guest—see s 54A.\nTemporary member—see s 54A.\n\nEnforceable undertakings Part 3A\n","sortOrder":73},{"sectionNumber":"55A","sectionType":"section","heading":"Meaning of GM undertaking—pt 3A","content":"55A Meaning of GM undertaking—pt 3A\nGM undertaking—see section 55B.\n","sortOrder":74},{"sectionNumber":"55B","sectionType":"section","heading":"Commission may accept undertakings","content":"55B Commission may accept undertakings\n(1) The commission may accept a written undertaking\n(a GM undertaking) given by a person relating to the person’s\ncontravention or alleged contravention of this Act or the Control Act.\n(2) A GM undertaking may provide for any matters agreed between the\ncommission and the person including the following:\n(a) a statement that the person recognises the commission’s\nconcerns in relation to the person’s contravention or alleged\ncontravention of this Act or the Control Act;\n(b) that details of the undertaking are published on the register under\nthe Control Act, section 37B or are included in any material\npublished by the commission.\n(3) A GM undertaking does not constitute an admission of guilt by the\nperson giving the undertaking in relation to the person’s\ncontravention or alleged contravention of this Act or the Control Act.\n(4) The commission or a person may suggest draft undertakings before a\nGM undertaking is given by a person under subsection (1).\n","sortOrder":75},{"sectionNumber":"55C","sectionType":"section","heading":"Notice of decision and reasons for decision","content":"55C Notice of decision and reasons for decision\nThe commission must give a person seeking to give a\nGM undertaking written notice of the commission’s decision to\naccept or reject the GM undertaking and of the reasons for the\n\n","sortOrder":76},{"sectionNumber":"55D","sectionType":"section","heading":"When a GM undertaking is enforceable","content":"55D When a GM undertaking is enforceable\nA GM undertaking takes effect and becomes enforceable when the\ncommission’s decision to accept the undertaking is given to the\nperson who gave the undertaking or at any later date stated by the\n","sortOrder":77},{"sectionNumber":"55E","sectionType":"section","heading":"Compliance with GM undertaking","content":"55E Compliance with GM undertaking\n(a) the person gives a GM undertaking; and\n(b) the GM undertaking is in effect; and\n(c) the person contravenes the GM undertaking.\n(2) Subsection (1) does not apply to a person if an application has been\nmade under section 55F in relation to the person’s contravention of\nthe GM undertaking.\n","sortOrder":78},{"sectionNumber":"55F","sectionType":"section","heading":"Contravention of GM undertaking","content":"55F Contravention of GM undertaking\n(1) The commission may apply to the Magistrates Court for an order if—\n(a) a person contravenes a GM undertaking; and\n(b) no proceedings against the person for an offence under\nsection 55E have been taken in relation to the contravention.\n(2) If the court is satisfied that the person who gave the GM undertaking\nhas contravened the undertaking, the court may make 1 or both of the\nfollowing orders:\n(a) an order directing the person to comply with the undertaking;\n(b) an order discharging the undertaking.\n\nEnforceable undertakings Part 3A\n(3) In addition to the orders referred to in subsection (2), the court may\nmake any other order that the court considers appropriate in the\ncircumstances, including orders directing the person to pay to the\nTerritory—\n(a) the costs of the proceeding; and\n(b) the reasonable costs of the commission in monitoring\ncompliance with the GM undertaking in the future.\n","sortOrder":79},{"sectionNumber":"55G","sectionType":"section","heading":"Withdrawal or variation of GM undertaking","content":"55G Withdrawal or variation of GM undertaking\n(1) A person who has given a GM undertaking may at any time, with the\nwritten agreement of the commission—\n(a) withdraw the undertaking; or\n(b) vary the undertaking.\n(2) However, the provisions of the undertaking cannot be varied to\nprovide for a different contravention or alleged contravention of this\nAct or the Control Act.\n","sortOrder":80},{"sectionNumber":"55H","sectionType":"section","heading":"Proceeding for contravention or alleged contravention","content":"55H Proceeding for contravention or alleged contravention\n(1) Subject to this section, no proceeding may be brought, or no\ndisciplinary action may be taken, against a person for a contravention,\nor alleged contravention, of this Act or the Control Act if a\nGM undertaking is in effect in relation to that contravention.\n(2) No proceeding may be brought, or no disciplinary action may be\ntaken, for a contravention, or alleged contravention, of this Act or the\nControl Act against a person who has given a GM undertaking in\nrelation to the contravention and who has completely discharged the\nGM undertaking.\n(3) The commission may accept a GM undertaking in relation to a\ncontravention, or alleged contravention, before a proceeding or\ndisciplinary action in relation to the contravention has been finalised.\n\n(4) If the commission accepts a GM undertaking before the proceeding\nor disciplinary action is finalised, the commission must take all\nreasonable steps to have the proceeding or action discontinued.\n\n","sortOrder":81},{"sectionNumber":"56","sectionType":"section","heading":"Definitions—pt 4","content":"56 Definitions—pt 4\ncancelled—a licence, and each authorisation certificate under the\nlicence, is cancelled under this part if—\n(a) the licence, and each certificate, is cancelled under—\n(i) section 62 (Commission may take disciplinary action\nagainst licensee); or\n(ii) section 64 (Cancellation of authorisation certificate\nbecause of cancellation etc of general and on licences); and\n(b) the cancellation has become final.\ndisciplinary notice—see section 61.\nfinal—a cancellation of a licence becomes final when—\n(a) the time for any appeal or review in relation to the decision has\nended; or\n(b) any appeal or review in relation to the decision has been decided\nor withdrawn.\nlicence includes an in-principle approval for an authorisation\ncertificate issued under section 38D as in force immediately before\nthe Gaming Machine Amendment Act 2024, section 14 commences.\nNote 1 Licence—see the dictionary.\nNote 2 Licensee has a meaning corresponding to the meaning of licence (see\nLegislation Act, s 157).\n\n(2) This subsection and the following provisions expire 4 years after the\nday the Gaming Machine Amendment Act 2024, section 14\ncommences:\n(a) subsection (1), definition of licence;\n(b) dictionary, definition of licence, paragraph (b).\nNote A transitional provision is repealed on its expiry but continues to have\neffect after its repeal (see Legislation Act, s 88).\n","sortOrder":82},{"sectionNumber":"57","sectionType":"section","heading":"Grounds for disciplinary action","content":"57 Grounds for disciplinary action\n(1) Each of the following is a ground for disciplinary action against a\nlicensee:\n(a) the licensee has given information to the commission that was\nfalse or misleading;\n(b) the licensee has failed to give information required to be given\nunder this Act or the Control Act;\n(c) the licensee, or an agent or employee of the licensee, has\ncontravened this Act;\n(d) the licensee is not, or is no longer, an eligible person;\n(e) for a corporation—an influential person is not an eligible\nperson;\n(f) for a licence issued to a club—\n(i) the club has been or is about to be wound up; or\n(ii) the club has not operated for 3 months or, if the\ncommission approves a longer period, that longer period;\nor\n(iii) the club has ceased to be an eligible club;\n(g) for a licence issued in relation to premises to which an on licence\napplies—the premises are not being used by people mainly for\ndrinking alcohol;\n\n(h) the licensee has been given a reprimand that included a direction\nand has not complied with the direction;\n(i) the licensee has failed to pay to the Territory a financial penalty\nimposed under section 62.\n(2) In subsection (1) (c), a reference to a contravention of this Act\n(3) Subsection (1) (f) (ii) does not apply to an approval-holder.\n(4) The commission may, in writing, approve a period longer than\n3 months for subsection (1) (f) (ii) if satisfied that—\n(a) there is a good reason why the club is not operating; and\n(b) the club will operate again after the end of the longer period.\napproval-holder means a person who holds an in-principle approval\nfor an authorisation certificate issued under section 38D as in force\nimmediately before the Gaming Machine Amendment Act 2024,\nsection 14 commences.\n","sortOrder":83},{"sectionNumber":"58","sectionType":"section","heading":"Disciplinary action","content":"58 Disciplinary action\n(1) Each of the following is a disciplinary action when taken against a\nperson:\n(a) reprimanding the person;\n\n(b) imposing conditions on, or amending the conditions of, the\nperson’s licence or authorisation certificate;\n(c) ordering the person to pay to the Territory a financial penalty of\nnot more than the greater of the following amounts:\n(i) $1 000 000;\n(ii) 3 times the total value of any benefits that the commission\ncan determine have been obtained by 1 or more people and\nthat are reasonably attributable to the ground for\ndisciplinary action;\n(iii) 10% of the person’s gross revenue during the 12 months\nending at the end of the month in which the applicable\nground for disciplinary action arose or began;\n(d) suspending the person’s licence or authorisation certificate for a\nstated period or until a stated thing happens;\n(e) cancelling the person’s licence;\n(f) suspending the person’s authorisation certificate in relation to\nstated premises;\n(g) if the person operates a gaming machine at premises without an\nauthorisation under an authorisation certificate to operate the\ngaming machine at the premises—\n(i) ordering the person to forfeit to the Territory 100% of the\ngross revenue from the operation of the gaming machine;\nand\n(ii) directing the person about how to dispose of the gaming\n(2) For subsection (1) (d) and (e), if a licence is suspended or cancelled,\nall authorisation certificates under the licence are suspended or\ncancelled.\n\n(3) A reprimand may include a direction by the commission that the\nlicensee, within a stated time—\n(a) cease contravening this Act; or\n(b) rectify something that contributes to the ground for disciplinary\naction.\n(4) A financial penalty imposed under this section may be recovered as a\ndebt payable to the Territory.\n","sortOrder":84},{"sectionNumber":"59","sectionType":"section","heading":"Relevant matters for decisions on disciplinary action and","content":"59 Relevant matters for decisions on disciplinary action and\npenalties\n(1) In deciding what disciplinary action to take, and the amount of any\npenalty to be imposed, the commission must consider the following:\n(a) whether disciplinary action has been taken against the person\nbefore;\n(b) whether the disciplinary ground on which the disciplinary action\nis to be taken endangered the public or the public interest;\n(c) the seriousness of the disciplinary ground;\n(d) the duration or repetition of the person’s conduct that\ncontributed to the disciplinary ground;\n(e) any statement given by an individual in relation to the\ndisciplinary ground’s harmful impacts on the individual;\n(f) the person’s capacity to pay any financial penalty;\n(g) for disciplinary action against a club—the impact of a financial\npenalty on the club.\n\n(2) The commission may also consider any other relevant matter.\nNote Disciplinary action must be entered on the public register by the\ncommission (see Control Act, s 37B).\n","sortOrder":85},{"sectionNumber":"60","sectionType":"section","heading":"When disciplinary notice may be given","content":"60 When disciplinary notice may be given\nIf the commission is satisfied that a ground for disciplinary action\nexists, or may exist, in relation to a licensee, the commission may\ngive the licensee a disciplinary notice.\nNote The commission need not give a disciplinary notice if the grounds for\ndisciplinary action are the contravention of a direction in a reprimand (see\ns 62).\n","sortOrder":86},{"sectionNumber":"61","sectionType":"section","heading":"Disciplinary notices","content":"61 Disciplinary notices\nA notice (a disciplinary notice) given to the licensee must—\n(a) state the ground for disciplinary action that caused the notice to\nbe given; and\n(b) tell the licensee that the licensee may, within 3 weeks after the\nday the licensee is given the notice, give a written response to\nthe commission about the notice.\n","sortOrder":87},{"sectionNumber":"62","sectionType":"section","heading":"Commission may take disciplinary action against","content":"62 Commission may take disciplinary action against\n(1) This section applies if the commission is satisfied that a licensee has\ncontravened a direction in a reprimand.\n(2) This section also applies if—\n(a) a licensee has been given a disciplinary notice; and\n(b) after considering any responses given within the 3-week period\nin relation to the notice under section 61, the commission is\nsatisfied that a ground for disciplinary action exists in relation\nto a licensee.\n\n(3) The commission may take disciplinary action against the licensee.\n(4) To remove any doubt, the disciplinary action may consist of 2 or more\nof the actions mentioned in section 58.\n(5) If the disciplinary action consists of an action mentioned in section 58\n(1) (g) (i), the commission must include in the written notice of the\naction the amount to be forfeited under that section.\n(6) Disciplinary action takes effect when the licensee receives written\nnotice of the action, or on a later stated date.\n","sortOrder":88},{"sectionNumber":"62A","sectionType":"section","heading":"Disciplinary action in relation to trading authorisations","content":"62A Disciplinary action in relation to trading authorisations\nand gaming machines—directions\n(1) This section applies if the commission takes disciplinary action\nagainst a licensee in relation to acquiring or disposing of an\nauthorisation or gaming machine under division 6A.6 (Trading of\nauthorisations and gaming machines).\n(2) The commission may give the licensee written directions about how\nthe licensee is to conduct the acquisition or disposal.\nNote See div 6A.3 about the disposal of gaming machines.\n(3) The directions must not be inconsistent with—\n(a) this Act or any other territory law; or\n(b) a condition of the licensee’s licence.\n(4) The licensee must comply with the directions.\n","sortOrder":89},{"sectionNumber":"63","sectionType":"section","heading":"Suspension of licence and authorisation certificate","content":"63 Suspension of licence and authorisation certificate\nbecause of suspension of general and on licences\n(a) a gaming machine licence is in force for premises; and\n\n(b) a general licence or on licence is also in force for the premises.\n(2) If the general licence or on licence is suspended, the licence, and each\nauthorisation certificate under the licence, is also suspended for the\nperiod of suspension of the general licence or on licence.\nNote A general licence or on licence may be suspended under the Liquor\nAct 2010 or the ACT Civil and Administrative Tribunal Act 2008.\n","sortOrder":90},{"sectionNumber":"64","sectionType":"section","heading":"Cancellation of authorisation certificate because of","content":"64 Cancellation of authorisation certificate because of\ncancellation etc of general and on licences\n(a) an authorisation certificate is in force for premises; and\n(b) a general licence or on licence is also in force for the premises.\n(2) If the general licence or on licence ceases to be in force under the\nLiquor Act 2010, the authorisation certificate is cancelled.\n(3) If the general licence or on licence is cancelled, the authorisation\ncertificate is also cancelled.\nNote A general licence or on licence may be cancelled under the ACT Civil and\nAdministrative Tribunal Act 2008.\n(4) However, an authorisation certificate cancelled under this section is\ntaken to be in force again if the decision to cancel the general licence\nor on licence is reversed on appeal.\n","sortOrder":91},{"sectionNumber":"65","sectionType":"section","heading":"Return of licence and authorisation certificate on","content":"65 Return of licence and authorisation certificate on\ncancellation\n(a) the commission cancels a person’s licence or authorisation\ncertificate under this part; and\n(b) the person is given notice of the cancellation.\n\n(2) This section also applies if—\n(a) a person’s authorisation certificate is cancelled under\nsection 64 (2); or\n(b) a person’s authorisation certificate is cancelled under\nsection 64 (3) and the person has notice of the cancellation of\nthe person’s general or on licence.\n(3) The person must return the licence or authorisation certificate\n(including the authorisation schedule) to the commission as soon as\npracticable, but in any case not later than 1 week after the day the\ncancellation under this part takes effect.\n(4) An offence against this section is a strict liability offence.\n","sortOrder":92},{"sectionNumber":"65A","sectionType":"section","heading":"Cancellation of licences and authorisation certificates—","content":"65A Cancellation of licences and authorisation certificates—\ndisposal of gaming machines\n(1) This section applies if a person’s licence, and each authorisation\ncertificate under the licence, is cancelled under this part.\n(2) The number of authorisations for gaming machines under the\ncancelled authorisation certificate is forfeited to the Territory.\n(3) The person must dispose of a gaming machine operated under the\ncancelled authorisation certificate as the commission directs.\nNote The Control Act, s 23 provides that an authorised officer may enter and\ninspect any premises at any reasonable time to do the things mentioned\nin that section, including inspecting and removing any gaming equipment\nthe officer believes on reasonable grounds to be connected with an\noffence against a gaming law.\n\n","sortOrder":93},{"sectionNumber":"66","sectionType":"section","heading":"Meaning of centralised monitoring system","content":"66 Meaning of centralised monitoring system\n(1) In this Act:\ncentralised monitoring system (or CMS) means a system approved\nby the commission that—\n(a) monitors the operation and performance of gaming machines\napproved under section 69; and\n(b) facilitates the working out and checking for accuracy of tax\nliability, and the collection of tax, under this Act; and\n(c) can perform other related functions.\n(2) An approval is a notifiable instrument.\n","sortOrder":94},{"sectionNumber":"67","sectionType":"section","heading":"Regulations about CMS","content":"67 Regulations about CMS\n(1) A regulation may provide for the approval and operation of a CMS.\n(2) In particular, a regulation may fix a date, or allow the commission to\nfix a date, by which stated gaming machines must be connected to the\nCMS.\n\nApproval of gaming machines and peripheral equipment Division 6.1\n","sortOrder":95},{"sectionNumber":"Part 6","sectionType":"part","heading":"Approval of gaming machines,","content":"Part 6 Approval of gaming machines,\nperipherals, suppliers and\ntechnicians\n","sortOrder":96},{"sectionNumber":"Div 6","sectionType":"division","heading":"1 Approval of gaming machines and","content":"Division 6.1 Approval of gaming machines and\nperipheral equipment\n","sortOrder":97},{"sectionNumber":"68","sectionType":"section","heading":"Meaning of peripheral equipment","content":"68 Meaning of peripheral equipment\nperipheral equipment, for a gaming machine, means equipment, or a\ndevice, that is incidental to the basic operation of the gaming\n1 note acceptors\n2 links\n3 card readers\n4 ticket readers\n","sortOrder":98},{"sectionNumber":"69","sectionType":"section","heading":"Approval of gaming machines and peripheral equipment","content":"69 Approval of gaming machines and peripheral equipment\n(1) The commission may approve—\n(a) a gaming machine; and\n(b) any peripheral equipment for the gaming machine.\n(2) However, the commission must not approve something under\nsubsection (1) unless the commission has considered—\n(a) the results of a technical evaluation of the gaming machine and\nany peripheral equipment by an approved entity; and\n\nDivision 6.1 Approval of gaming machines and peripheral equipment\n(b) any available research on the consumer protection and harm\nminimisation implications of the gaming machine or peripheral\nequipment proposed to be approved.\n(3) Also, the commission must not approve a gaming machine or\nperipheral equipment for a gaming machine under subsection (1) that\nallows the use of an audio device if the use of the device is not\ndesigned or intended primarily to assist a person with a hearing\nimpairment.\n(4) The approval of a gaming machine or any peripheral equipment for a\ngaming machine is a notifiable instrument.\napproved entity means an entity approved (however described) under\na law of a local jurisdiction about gaming machines to undertake\ntechnical evaluations for the law.\naudio device means an earphone, earpiece, headphone, headset or any\nother device to convert signals from a gaming machine to audible\nsound delivered to the ear of a person playing the machine to the\nexclusion of everyone else.\n","sortOrder":99},{"sectionNumber":"70","sectionType":"section","heading":"Cancellation or suspension of gaming machine and","content":"70 Cancellation or suspension of gaming machine and\nperipheral equipment approval\n(1) The commission may cancel or suspend the approval of a gaming\nmachine or peripheral equipment if—\n(a) the gaming machine no longer operates as designed; or\n(b) the gaming machine no longer operates as intended.\n\nApproval of gaming machines and peripheral equipment Division 6.1\n(2) To remove any doubt, if the approval of a gaming machine is\ncancelled or suspended under this section, it applies to all gaming\nmachines of that kind, whether or not a particular gaming machine is\noperating as designed or intended.\nA King of the Thames gaming machine stops operating in accordance with its\ndesign. The commission suspends the approval of King of the Thames gaming\nmachines, even though not all King of the Thames gaming machines have stopped\noperating in accordance with their design.\n(3) A cancellation or suspension under subsection (1) is a notifiable\ninstrument.\n","sortOrder":100},{"sectionNumber":"71","sectionType":"section","heading":"Computer cabinet access register","content":"71 Computer cabinet access register\n(1) A licensee must keep a register for gaming machines on authorised\npremises (the computer cabinet access register).\n(2) If an approved technician or other person authorised in writing by the\ncommission opens or replaces the computer cabinet in a gaming\nmachine on authorised premises, the technician or other person must\nenter the access details in the computer cabinet access register.\n(3) If an authorised officer opens the computer cabinet in a gaming\nmachine on authorised premises, the authorised officer must enter the\naccess details in the computer cabinet access register.\naccess details means the following details:\n(a) information that clearly identifies the gaming machine,\nincluding the machine’s serial number;\n(b) the date when the computer cabinet was opened or replaced;\n(c) a description of why the computer cabinet was opened or\nreplaced;\n(d) the new computer cabinet seal number that was applied;\n\n(e) the name and signature of the approved technician, other person\nor authorised officer;\n(f) the name and signature of the licensee;\n(g) any other information prescribed by regulation.\n","sortOrder":101},{"sectionNumber":"71A","sectionType":"section","heading":"Offence—supply gaming machine etc without supplier","content":"71A Offence—supply gaming machine etc without supplier\napproval\nA person commits an offence if the person—\n(a) supplies any of the following to another person:\n(b) is not an approved supplier.\n","sortOrder":102},{"sectionNumber":"72","sectionType":"section","heading":"Application and approval of corporation as supplier","content":"72 Application and approval of corporation as supplier\n(1) A corporation may apply, in writing, for approval as a supplier.\n(2) The commission may approve the corporation as a supplier\n(an approved supplier) if satisfied that—\n(a) the corporation intends to supply, install or maintain any of the\nfollowing:\n\nApproved suppliers Division 6.2\n(b) each influential person for the corporation is an eligible person;\nand\n(c) the corporation has not, in the last 12 months, provided false or\nmisleading information in an application under subsection (1);\nand\n(d) the corporation satisfies any other requirement prescribed by\nregulation.\n(3) If the commission approves a corporation as a supplier, the\ncommission must give the corporation a certificate stating that the\ncorporation is an approved supplier.\n","sortOrder":103},{"sectionNumber":"73","sectionType":"section","heading":"Giving copy of certificate about approved supplier","content":"73 Giving copy of certificate about approved supplier\n(1) This section applies if an approved supplier tells the commission, in\nwriting, about the loss, theft or destruction of a certificate given to the\ncorporation under section 72 (3).\n(2) The commission may, by written notice given to the supplier, require\nthe supplier to give the commission, within a stated period and in a\nstated form, a statement confirming, and explaining the\ncircumstances of, the loss, theft or destruction.\n(3) If the commission is satisfied that the certificate has been lost, stolen\nor destroyed, the commission may give a replacement to the supplier.\n","sortOrder":104},{"sectionNumber":"73A","sectionType":"section","heading":"Cancellation etc of supplier’s approval","content":"73A Cancellation etc of supplier’s approval\n(1) This section applies if the commission—\n(a) stops being satisfied that an approved supplier meets the\nconditions for approval stated in section 72 (2); or\n(b) is satisfied that an approved supplier has contravened this Act.\n\n(2) In subsection (1) (b), a reference to a contravention of this Act\n(3) The commission may, by written notice given to the approved\nsupplier—\n(a) cancel the supplier’s approval; or\n(b) suspend the supplier’s approval; or\n(c) reprimand the supplier.\n(4) In considering whether to take action under this section, the\n(a) whether action has been taken against the approved supplier\nunder this section before;\n(b) the seriousness of any contravention of this Act;\n(c) the likelihood of further action needing to be taken against the\nsupplier;\n(d) the public benefit of suppliers being regulated under this Act.\n(5) The commission may also consider any other relevant matter.\n\n","sortOrder":105},{"sectionNumber":"74","sectionType":"section","heading":"Application for approval as technician","content":"74 Application for approval as technician\n(1) An individual may apply, in writing, for approval as a technician for\n1 or more approved suppliers.\n(2) The application must be accompanied by—\n(a) a statement by each approved supplier for which the applicant is\napplying for approval that—\n(i) the supplier is satisfied that the applicant is competent to\nexercise the functions of an approved technician; and\n(ii) the supplier employs, or has offered to employ, the\napplicant as a technician; and\n(b) an undertaking by the applicant to—\n(i) ask the police to check the applicant’s criminal record\nusing the applicant’s fingerprints; and\n(ii) authorise the police to report the results of the check to the\ncommission; and\n(c) a recent passport-size photograph of the applicant.\n","sortOrder":106},{"sectionNumber":"75","sectionType":"section","heading":"Approval of technicians","content":"75 Approval of technicians\n(1) The commission may, on application under section 74, approve the\napplicant as a technician for 1 or more approved suppliers if satisfied\n(a) the applicant is qualified to exercise the functions of an\napproved technician; and\n(b) the applicant has not, in the last 12 months, provided false or\nmisleading information in an application under section 74; and\n(c) the applicant is employed, or will be employed, by each\nsupplier.\n\n(2) An approval is for 3 years.\n(3) If a short-term approval is in force in relation to the applicant, the\napproval under this section starts when the short-term approval under\nsection 76 began.\nJo was given a short-term approval as a technician on 1 January 2005 before the\nresults of her police check came through. Her results were satisfactory and she was\napproved as a technician on 25 February 2005. Her approval ends on\n(4) A person is qualified to exercise the functions of an approved\ntechnician for an approved supplier if the person—\n(a) is an individual; and\n(b) is competent to maintain gaming machines supplied by the\nsupplier; and\n(c) is an eligible person; and\n(d) satisfies any requirement prescribed by regulation.\n","sortOrder":107},{"sectionNumber":"76","sectionType":"section","heading":"Short-term approval of technicians","content":"76 Short-term approval of technicians\n(1) This section applies to a person who has applied for approval as a\ntechnician if—\n(a) the commission has not received the results of the police check\nof the person’s criminal record; but\n(b) the commission would approve the person if the results of the\npolice check did not show that the person was not an eligible\nperson.\n(2) The commission may approve the applicant as a technician.\n(3) An approval under this section (a short-term approval) is for\n6 months, and cannot be renewed.\n\n","sortOrder":108},{"sectionNumber":"77","sectionType":"section","heading":"Ending short-term approvals","content":"77 Ending short-term approvals\n(1) This section applies to a person if—\n(a) the person has a short-term approval as a technician; and\n(b) the commission receives the results of the police check of the\nperson’s criminal record; and\n(c) after considering the results of the police check, the commission\nis satisfied that the person is not an eligible person.\n(2) The commission must, by written notice given to the technician—\n(a) refuse the person’s application for approval as a technician; and\n(b) cancel the person’s short-term approval as a technician.\n","sortOrder":109},{"sectionNumber":"78","sectionType":"section","heading":"Transfer etc of technician’s approval","content":"78 Transfer etc of technician’s approval\n(1) An approved technician may apply, in writing, to the commission—\n(a) for approval as a technician for another approved supplier\n(the new supplier); or\n(b) to transfer their approval as a technician from 1 approved\nsupplier to another approved supplier (the new supplier).\n(2) The application must be accompanied by a written statement by the\nnew supplier stating that the supplier employs, or has offered to\nemploy, the applicant as a technician.\n(3) The commission may—\n(a) for an application under subsection (1) (a)—approve the\ntechnician for the new supplier; or\n(b) for an application under subsection (1) (b)—transfer the\napproval of the technician to the new supplier.\n\n","sortOrder":110},{"sectionNumber":"79","sectionType":"section","heading":"Cancellation etc of technician’s approval","content":"79 Cancellation etc of technician’s approval\n(a) the commission stops being satisfied that an approved technician\nis qualified to exercise the functions of an approved technician\nfor each approved supplier for whom the technician is approved;\nor\n(b) the approved technician is not employed by an approved\nsupplier; or\n(c) the commission is satisfied that the technician has contravened\n(2) In subsection (1) (c), a reference to a contravention of this Act\n(3) The commission may, by written notice given to the approved\ntechnician—\n(a) cancel the technician’s approval; or\n(b) suspend the technician’s approval; or\n(c) reprimand the technician.\n\n(4) In considering whether to take action under this section, the\n(a) whether action has been taken against the approved technician\nunder this section before;\n(b) the seriousness of any contravention of this Act;\n(c) the likelihood of further action needing to be taken against the\ntechnician;\n(d) the public benefit of technicians being regulated under this Act.\n(5) The commission may also consider any other relevant matter.\napproved supplier does not include an approved supplier whose\napproval is suspended.\nqualified, to exercise the functions of an approved technician—see\nsection 75 (4).\n","sortOrder":111},{"sectionNumber":"80","sectionType":"section","heading":"Certificates and identity cards for approved technicians","content":"80 Certificates and identity cards for approved technicians\n(1) This section applies if the commission approves a technician under\nsection 75 (Approval of technicians) or section 76 (Short-term\napproval of technicians).\n(2) The commission must give—\n(a) a certificate (the technician’s approval certificate) to each\napproved supplier for the technician containing details of the\napproval; and\n(b) an identity card to the approved technician containing details of\nthe approval.\n\n","sortOrder":112},{"sectionNumber":"81","sectionType":"section","heading":"Giving copy of certificate about approved technician or","content":"81 Giving copy of certificate about approved technician or\nidentity card\n(a) an approved supplier tells the commission, in writing, about the\nloss, theft or destruction of a certificate given to the supplier\nunder section 80 (2) (a); or\n(b) an approved technician tells the commission, in writing, about\nthe loss, theft or destruction of an identity card given to the\ntechnician under section 80 (2) (b).\n(2) The commission may, by written notice given to the supplier or\ntechnician, require the supplier or technician to give the commission,\nwithin a stated period and in a stated form, a statement confirming,\nand explaining the circumstances of, the loss, theft or destruction.\n(3) If the commission is satisfied that the certificate or identity card has\nbeen lost, stolen or destroyed, the commission may give a\nreplacement to the supplier or technician.\n","sortOrder":113},{"sectionNumber":"82","sectionType":"section","heading":"Approved supplier to notify commission if technician no","content":"82 Approved supplier to notify commission if technician no\nlonger employed\n(1) An approved supplier commits an offence if the supplier—\n(a) stops employing an approved technician; and\n(b) does not tell the commission, in writing, within 1 week after the\nday the supplier stops employing the technician.\n\n","sortOrder":114},{"sectionNumber":"83","sectionType":"section","heading":"Return of approval certificates and identity cards for","content":"83 Return of approval certificates and identity cards for\napproved technicians\n(a) a technician’s approval expires or is cancelled or suspended; or\n(b) a technician stops working for an approved supplier.\n(2) The supplier must return the technician’s approval certificate to the\ncommission within 1 week after—\n(a) the day the technician’s approval expires; or\n(b) the day the technician is given notice of the cancellation or\nsuspension; or\n(c) the day the approved technician stops working for the supplier.\n(3) The technician must return the technician’s identity card to the\ncommission within 1 week after—\n(a) the day the technician’s approval expires; or\n(b) the day the technician is given notice of the cancellation or\nsuspension; or\n(c) the day the technician no longer works for at least 1 supplier.\n(4) Strict liability applies to an offence against this section.\n\n","sortOrder":115},{"sectionNumber":"84","sectionType":"section","heading":"Renewal of technician’s approval","content":"84 Renewal of technician’s approval\n(1) An approved technician may apply to the commission for renewal of\ntheir approval not later than 1 month, and not earlier than 3 months,\nbefore the approval expires.\n(2) The application must be accompanied by an undertaking by the\napplicant to—\n(a) ask the police to check the applicant’s criminal record using the\napplicant’s fingerprints; and\n(b) authorise the police to report the results of the check to the\n(3) On application under this section, the commission must renew the\napproval if satisfied that it would approve the applicant if the\napplication were an application for initial approval.\n(4) The renewal of the approval begins on the day after the approval\nbeing renewed expires.\n(5) An approval that is suspended may be renewed, but the renewed\napproval is suspended until the end of the suspension.\n\n","sortOrder":116},{"sectionNumber":"97","sectionType":"section","heading":"Control procedures","content":"97 Control procedures\n(1) A person’s control procedures for gaming machines and peripheral\nequipment must include operational details (including who is\nresponsible) for each of the following:\n(a) accounting and record keeping in relation to the gaming\nmachines and peripheral equipment;\n(b) access to and handling of cash in relation to the gaming\n(c) payment of winnings;\n(d) access control to the gaming machines and peripheral\nequipment;\n(e) security of the gaming machines and peripheral equipment;\n(f) security of cash, records and keys in relation to the gaming\n(g) job descriptions (including responsibilities) of people operating\nand doing accounting and record keeping in relation to the\ngaming machines and peripheral equipment;\n(h) any marketing and promotion of the gaming machines.\n(2) A person may change the person’s control procedures by written\nnotice given to the commission.\n(3) A regulation may make provision in relation to control procedures.\n\n","sortOrder":117},{"sectionNumber":"98","sectionType":"section","heading":"Acquisition of gaming machines and peripheral","content":"98 Acquisition of gaming machines and peripheral\nequipment—general\n(a) the person intentionally acquires a gaming machine; and\nNote Acquire—see the dictionary.\n(b) the person does not have a licence and an authorisation\ncertificate allowing the operation of the gaming machine at the\nperson’s premises.\n(2) However, a person does not commit an offence against subsection (1)\nif—\n(a) the person has been appointed as an external administrator for a\nlicensee; and\n(b) the commission has received written notice of the person’s\nappointment, and any additional information requested by the\ncommission, under section 110A (Appointment of external\nadministrator).\n(3) A licensee commits an offence if—\n(a) the licensee intentionally acquires a gaming machine or\nperipheral equipment for a gaming machine; and\n(b) the gaming machine or peripheral equipment is not approved\nunder section 69 (Approval of gaming machines and peripheral\nequipment).\n\n(4) A licensee commits an offence if the licensee—\n(a) intentionally acquires a gaming machine for authorised\n(b) does not hold an authorisation for the gaming machine.\nexternal administrator—see section 105A.\n","sortOrder":118},{"sectionNumber":"99","sectionType":"section","heading":"Acquisition of authorisations and gaming machines—","content":"99 Acquisition of authorisations and gaming machines—\nnotification\n(1) This section applies if a licensee intends to acquire—\n(a) an authorisation for a gaming machine for authorised premises;\nor\n(b) a gaming machine for authorised premises.\n(2) The licensee must notify the commission about the proposed\nacquisition.\nNote 1 The acquisition of an authorisation or gaming machine is a notifiable\naction (see pt 13A and sch 2).\nNote 2 It is a condition of a licence that the licensee give the commission written\nnotice of the details of a gaming machine installed on authorised premises\nwithin 3 days after the day the gaming machine is installed or the\ncommission gives the licensee a notice under s 124 (see s 45).\nIt is also a condition of a licence that the licensee not allow the gaming\nmachine to be operated on the authorised premises until the notice under\ns 45 has been given to the commission (see s 46).\n\n","sortOrder":119},{"sectionNumber":"100","sectionType":"section","heading":"Acquisition of gaming machines—amendment of","content":"100 Acquisition of gaming machines—amendment of\nauthorisation schedule etc\n(1) This section applies if a licensee notifies the commission under\nsection 99 about the proposed acquisition of a gaming machine for\n(2) The commission must amend the licensee’s authorisation schedule\nfor the authorised premises to record the gaming machine’s serial\nnumber and anything else required by this Act to be included.\nNote 1 A reference to an Act includes a reference to the statutory instruments\nNote 2 The licensee must not acquire a gaming machine for premises authorised\nunder an authorisation certificate if the licensee does not hold an\nauthorisation for the gaming machine (see s 98 (4)).\n(3) However, if the licensee acquires the gaming machine under\ndivision 6A.6 (Trading of authorisations and gaming machines), the\ncommission must amend the licensee’s authorisation schedule to\nremove 1 authorisation for a gaming machine for every\n4 authorisations for gaming machines the licensee acquires.\nNote On receiving a notice under this section, the commission must also amend\nthe register of licences and authorisations to include details about the\nnumber of authorisations for gaming machines to be held by the licensee\nafter acquiring the gaming machines mentioned in the notice (see\nControl Act, s 52 (2)).\n(4) The commission may amend any other record the commission holds\nto include the information contained in the notice.\n","sortOrder":120},{"sectionNumber":"103","sectionType":"section","heading":"Possession and operation of gaming machines","content":"103 Possession and operation of gaming machines\n(a) the person possesses or operates a gaming machine; and\n(b) the person is not authorised to possess or operate the gaming\nmachine under this Act; and\n\n(c) the person is reckless about whether the person is authorised to\npossess or operate the gaming machine under this Act.\nNote Under this Act, a person may be authorised to possess or operate a gaming\nmachine by a licence, an approval to repossess the machine or under s (2).\n(2) The commission may, in writing, authorise a person to possess or\noperate a gaming machine on stated conditions if—\n(a) the person is a licensee’s external administrator and the licensee\nis authorised under this Act to possess or operate the gaming\nmachine; or\n(b) the gaming machine is used only for training purposes; or\n(c) the gaming machine is being stored; or\n(d) the gaming machine is being displayed for sale or as a\npromotion; or\n(e) the gaming machine is being repaired, tested or evaluated.\nexternal administrator, for a licensee—see section 105A.\n","sortOrder":121},{"sectionNumber":"104","sectionType":"section","heading":"Offence—operating unauthorised or stored gaming","content":"104 Offence—operating unauthorised or stored gaming\n(a) the person operates a gaming machine; and\n(b) operation of the gaming machine is not allowed under an\n(c) the person is reckless about whether the operation of the gaming\nmachine is allowed under an authorisation certificate.\n\n(a) the person operates a gaming machine; and\n(b) a storage permit applies to the gaming machine; and\n(c) the person is reckless about whether a storage permit applies to\nthe gaming machine.\n","sortOrder":122},{"sectionNumber":"105","sectionType":"section","heading":"Operation of gaming machines other than in accordance","content":"105 Operation of gaming machines other than in accordance\nwith authorisations\n(a) the person owns, occupies or manages authorised premises; and\n(b) the person fails to take all reasonable steps to stop a gaming\nmachine on the premises being used otherwise than in\naccordance with the authorisation certificate; and\n(c) someone uses the gaming machine otherwise than in accordance\nwith the authorisation certificate.\n(a) the person owns, occupies or manages premises other than\n(b) the person fails to take all reasonable steps to stop a gaming\nmachine on the premises being used; and\n(c) someone uses the gaming machine.\n\nRepossession of gaming machines Division 6A.2\n","sortOrder":123},{"sectionNumber":"105A","sectionType":"section","heading":"Definitions—div 6A.2","content":"105A Definitions—div 6A.2\napproval means an approval under section 108 to repossess a gaming\nexternal administrator, for a licensee, means any of the following\nappointed to manage the licensee’s affairs:\n(a) an administrator of the licensee;\n(b) a liquidator of the licensee;\n(c) a receiver of the licensee;\n(d) a receiver and manager of the licensee.\n","sortOrder":124},{"sectionNumber":"106","sectionType":"section","heading":"Offences by people repossessing gaming machines","content":"106 Offences by people repossessing gaming machines\n(1) A person commits an offence if the person repossesses a gaming\nmachine otherwise than in accordance with an approval under\nsection 108.\n(a) the person repossesses a gaming machine; and\n(b) the person fails to take all reasonable steps to stop the gaming\nmachine being used; and\n(c) after repossession of the gaming machine but before its disposal,\nsomeone else uses the machine.\nMaximum penalty: 100 penalty units\n\n","sortOrder":125},{"sectionNumber":"107","sectionType":"section","heading":"Approval for repossession—application","content":"107 Approval for repossession—application\n(1) A person enforcing a financial agreement or an approved supplier\nmay apply to the commission for approval to repossess a gaming\n(2) The application must be accompanied by information identifying—\n(a) the person from whom the gaming machine is to be repossessed;\nand\n(b) the premises where the gaming machine is currently held; and\n(c) the details of the gaming machine.\n","sortOrder":126},{"sectionNumber":"108","sectionType":"section","heading":"Approval of repossession of gaming machines","content":"108 Approval of repossession of gaming machines\n(1) On application under section 107, the commission must approve, or\nrefuse to approve, the repossession of a gaming machine.\n(2) The commission must approve the repossession unless the\ncommission believes on reasonable grounds that the applicant would\nbe likely to contravene a requirement of a condition on the approval.\nNote For conditions, see s 109.\n(3) If an approval is given to repossess a gaming machine, after the\nmachine is repossessed but before it is disposed of, an authorised\nofficer must—\n(b) seal the computer cabinet on the gaming machine; and\n(c) render the gaming machine inoperable.\n(4) This section does not entitle a person to repossess a gaming machine\nif the person is not otherwise entitled to repossess it.\n\nRepossession of gaming machines Division 6A.2\n","sortOrder":127},{"sectionNumber":"109","sectionType":"section","heading":"Conditions on approval to repossess gaming machine","content":"109 Conditions on approval to repossess gaming machine\n(1) An approval to repossess a gaming machine under section 108 is\nsubject to the condition that the approved repossessor allows an\nauthorised officer to exercise the commission’s functions under\nsection 108 (3).\n(2) The commission may impose any other condition on the approval in\nrelation to the storage of the gaming machine before its disposal that\nthe commission considers appropriate.\n","sortOrder":128},{"sectionNumber":"109A","sectionType":"section","heading":"Repossessed gaming machines—amendment of","content":"109A Repossessed gaming machines—amendment of\nauthorisation schedule\n(1) This section applies if an approved repossessor repossesses a gaming\nmachine from a licensee under this division.\n(2) The approved repossessor who repossesses the gaming machine must\ngive the commission written notice that the gaming machine has been\nrepossessed.\n(3) On receiving a notice under subsection (2), the commission must—\n(a) amend the authorisation schedule for the gaming machine to\nremove the gaming machine’s details; and\n(b) give the licensee a replacement authorisation schedule that\nincludes the amendment.\n","sortOrder":129},{"sectionNumber":"110","sectionType":"section","heading":"Contravention of repossession approval conditions","content":"110 Contravention of repossession approval conditions\n(1) An approved repossessor must not contravene a requirement of a\ncondition on the approval.\n(2) Subsection (1) does not apply if the approved repossessor took all\nreasonable steps to avoid a contravention of the requirements of the\napproval conditions.\n\n","sortOrder":130},{"sectionNumber":"110A","sectionType":"section","heading":"Appointment of external administrator","content":"110A Appointment of external administrator\n(1) If an external administrator is appointed to manage a licensee’s\naffairs, the external administrator must give the commission written\nnotice of the appointment.\nNote External administrator—see s 105A.\n(2) The commission may, in writing, ask the external administrator for\nadditional information about the appointment.\n","sortOrder":131},{"sectionNumber":"111","sectionType":"section","heading":"Unapproved disposal of gaming machines","content":"111 Unapproved disposal of gaming machines\n(a) the person disposes of a gaming machine; and\n(b) the disposal is not in accordance with an approval under section\n113 (Approval of disposal of gaming machines).\n(2) Subsection (1) does not apply if the person disposes of the gaming\nmachine under a notification under section 113A (Disposal of gaming\nmachines—notifiable action).\nmentioned in s (2) (see Criminal Code, s 58).\n","sortOrder":132},{"sectionNumber":"112","sectionType":"section","heading":"Application for approval for disposal of gaming machines","content":"112 Application for approval for disposal of gaming machines\n(1) A person may apply in writing to the commission for approval to\ndispose of a gaming machine.\n(2) The application must be accompanied by information identifying—\n(a) the person (if any) who is to acquire the gaming machine; and\n(b) the premises where the gaming machine is currently held; and\n\nDisposal of gaming machines Division 6A.3\n(c) the details of the gaming machine.\n(3) However, this section does not apply to a person who disposes of a\ngaming machine under a notification under section 113A (Disposal\nof gaming machines—notifiable action).\n","sortOrder":133},{"sectionNumber":"113","sectionType":"section","heading":"Approval of disposal of gaming machines","content":"113 Approval of disposal of gaming machines\n(1) On application under section 112, the commission must approve, or\nrefuse to approve, the disposal of a gaming machine.\n(2) The commission must approve the disposal if—\n(a) the person (if any) who is to acquire the gaming machine is\nauthorised—\n(i) to operate the gaming machine under an authorisation\ncertificate; or\n(ii) if the gaming machine is to be sold or operated in a local\njurisdiction—under a law of the local jurisdiction; or\n(iii) to destroy the gaming machine; and\n(b) for an applicant who has repossessed the gaming machine—the\nrepossession is approved under section 108 (Approval of\nrepossession of gaming machines) and the commission has no\nreason to believe that the approval has been contravened.\n(3) However, the commission must not approve the lease or hire of a\ngaming machine to any person.\n(4) This section does not entitle a person to dispose of a gaming machine\nif the person is not otherwise entitled to dispose of the machine.\n\n","sortOrder":134},{"sectionNumber":"113A","sectionType":"section","heading":"Disposal of gaming machines—notifiable action","content":"113A Disposal of gaming machines—notifiable action\n(1) This section applies if a licensee authorised to operate a gaming\nmachine proposes to dispose of the gaming machine for any of the\nfollowing reasons:\n(a) the authorisation for the gaming machine under division 6A.6\n(Trading of authorisations and gaming machines) is to be traded\nwithout the gaming machine;\nNote The licensee must apply for a storage permit for the gaming\nmachines that are not being traded with the authorisation (see\ndiv 6A.7).\n(b) the gaming machine is to be sold or given to another licensee in\nthe ACT or a local jurisdiction;\n(c) the gaming machine is to be replaced with a new gaming\nmachine;\n(d) the gaming machine is to be sold or returned to an approved\nsupplier;\n(e) the authorisation for the gaming machine is to be surrendered\nunder section 37F (Surrender of licences, authorisation\ncertificates and authorisations);\n(f) the licensee’s licence is to be cancelled under section 58\n(Disciplinary action).\n\nDisposal of gaming machines Division 6A.3\n(2) The licensee must notify the commission about the proposed disposal\nof the gaming machine.\nNote 1 The disposal of a gaming machine is a notifiable action (see pt 13A and\nsch 2).\n(3) The commission may approve a means of disposing of a gaming\nmachine under this section.\n(4) An approval is a notifiable instrument.\n","sortOrder":135},{"sectionNumber":"113B","sectionType":"section","heading":"Destruction of gaming machines—commission’s","content":"113B Destruction of gaming machines—commission’s\nattendance\n(1) This section applies if a licensee proposes to dispose of a gaming\nmachine by destroying it under—\n(a) an approval under section 113 (Approval of disposal of gaming\nmachines); or\n(b) section 113A.\n(2) The commission may, but need not, attend the gaming machine’s\ndestruction.\n(3) If the commission decides to attend the gaming machine’s\ndestruction, the commission must give the licensee written notice to\nthat effect.\n\n(4) The notice must be given to the licensee within a reasonable time\nbefore the gaming machine is destroyed.\nNote For how documents may be served, see the Legislation Act, pt 19.5.\n","sortOrder":136},{"sectionNumber":"113C","sectionType":"section","heading":"Disposal of gaming machines—direction about manner of","content":"113C Disposal of gaming machines—direction about manner of\ndisposal\n(1) The commission may, in writing, direct a licensee to dispose of a\ngaming machine under this Act in the manner stated in the direction.\n(2) The licensee must comply with the direction within the reasonable\ntime stated in the direction.\n","sortOrder":137},{"sectionNumber":"113D","sectionType":"section","heading":"Offence—failure to dispose of gaming machine within","content":"113D Offence—failure to dispose of gaming machine within\nrequired time\n(a) the commission issues a storage permit for an interim purpose\nto a licensee; and\n(b) the licensee fails to dispose of a gaming machine to which the\npermit applies within the time stated in the permit.\n(2) The commission must, in writing, direct the licensee to destroy the\ngaming machine in the way, and within the time, stated in the\ndirection.\n(3) A licensee commits an offence if the licensee fails to comply with a\ndirection under subsection (2).\n(4) Subsection (3) does not apply if the licensee has a reasonable excuse.\n\nSeizure of gaming machines Division 6A.4\n","sortOrder":138},{"sectionNumber":"114","sectionType":"section","heading":"Seizure of unlawful gaming machines","content":"114 Seizure of unlawful gaming machines\n(1) This section applies if an authorised officer believes on reasonable\ngrounds that—\n(a) a person possesses or operates a gaming machine; and\n(b) the person is not authorised to possess or operate the gaming\nmachine under this Act.\n(2) The authorised officer may seize the gaming machine.\n","sortOrder":139},{"sectionNumber":"115","sectionType":"section","heading":"Receipt for gaming machines seized","content":"115 Receipt for gaming machines seized\n(1) As soon as practical after the gaming machine is seized, the\nauthorised officer must give a receipt for it to the person from whom\nit was seized.\n(2) If, for any reason, it is not practicable to comply with subsection (1),\nthe authorised officer must leave the receipt, secured conspicuously,\nat the place where the gaming machine was seized.\n(3) A receipt under this section must include the following:\n(a) a description of the gaming machine;\n(b) an explanation of why the gaming machine was seized;\n(c) an explanation of the person’s right to apply to a court under\nsection 116 for an order disallowing the seizure;\n(d) where the gaming machine is to be taken;\n(e) the authorised officer’s name, and how to contact the officer.\n\n","sortOrder":140},{"sectionNumber":"116","sectionType":"section","heading":"Application for order disallowing seizure","content":"116 Application for order disallowing seizure\n(1) A person claiming to be entitled to a gaming machine seized under\nthis division may apply to the Magistrates Court within 10 days after\nthe day of the seizure for an order disallowing the seizure.\n(2) The application may be heard only if the applicant has served a copy\nof the application on the commission.\n(3) The commission is entitled to appear as respondent at the hearing of\nthe application.\n","sortOrder":141},{"sectionNumber":"117","sectionType":"section","heading":"Order for return of seized gaming machine","content":"117 Order for return of seized gaming machine\n(1) This section applies if a person claiming to be entitled to a gaming\nmachine seized under this division applies to the Magistrates Court\nunder section 116 for an order disallowing the seizure.\n(2) The Magistrates Court must make an order disallowing the seizure if\nsatisfied that—\n(a) the applicant would, apart from the seizure, be entitled to the\nreturn of the seized gaming machine; and\n(b) the gaming machine is not connected with an offence against\nthis Act; and\n(c) possession of the gaming machine by the person would not be\nan offence.\n(3) The Magistrates Court may also make an order disallowing the\nseizure if satisfied there are exceptional circumstances justifying the\nmaking of the order.\n(4) If the Magistrates Court makes an order disallowing the seizure, the\ncourt may make 1 or more of the following ancillary orders:\n(a) an order directing the commission to return the gaming machine\nto the applicant or to someone else that appears to be entitled to\nit;\n\nSeizure of gaming machines Division 6A.4\n(b) if the gaming machine cannot be returned or has depreciated in\nvalue because of the seizure—an order directing the Territory to\npay reasonable compensation;\n(c) an order about the payment of costs in relation to the application.\n","sortOrder":142},{"sectionNumber":"118","sectionType":"section","heading":"Adjournment pending hearing of other proceedings","content":"118 Adjournment pending hearing of other proceedings\n(1) This section applies to the hearing of an application under section 116\n(Application for order disallowing seizure).\n(2) If it appears to the Magistrates Court that the seized gaming machine\nis required to be produced in evidence in a pending proceeding in\nrelation to an offence against a Territory law, the court may, on the\napplication of the commission or its own initiative, adjourn the\nhearing until the end of that proceeding.\n","sortOrder":143},{"sectionNumber":"119","sectionType":"section","heading":"Forfeiture of seized gaming machines","content":"119 Forfeiture of seized gaming machines\n(1) This section applies if an application under section 116 for an order\ndisallowing the seizure of a gaming machine—\n(a) has not been made within 10 days after the day of the seizure; or\n(b) has been made within that period, but the application has been\nrefused or has been withdrawn before a decision on the\napplication had been made.\n(2) The seized gaming machine—\n(a) is forfeited to the Territory; and\n(b) may be sold, destroyed or otherwise disposed of as the\ncommission directs.\n\n","sortOrder":144},{"sectionNumber":"Div 6A","sectionType":"division","heading":"5 Installation and operation of gaming","content":"Division 6A.5 Installation and operation of gaming\n","sortOrder":145},{"sectionNumber":"120","sectionType":"section","heading":"Installation to be in accordance with approval of","content":"120 Installation to be in accordance with approval of\ncommission\n(a) the licensee allows the installation of a gaming machine on the\n(b) the gaming machine is installed otherwise than in a gaming area.\n","sortOrder":146},{"sectionNumber":"121","sectionType":"section","heading":"Offence to install gaming machines etc","content":"121 Offence to install gaming machines etc\n(a) installs any of the following on authorised premises:\n(b) is not an approved technician.\n\nInstallation and operation of gaming machines Division 6A.5\n","sortOrder":147},{"sectionNumber":"122","sectionType":"section","heading":"Certificate about meter readings","content":"122 Certificate about meter readings\n(a) installs a gaming machine on authorised premises; and\n(b) as soon as practicable, but no later than 3 days, after installing\nthe machine, does not give the licensee a certificate signed by\nthe person stating the meter readings on the machine\nimmediately after installation.\n","sortOrder":148},{"sectionNumber":"123","sectionType":"section","heading":"Sealing computer cabinet","content":"123 Sealing computer cabinet\n(a) the licensee allows the installation or operation of a gaming\nmachine on the authorised premises; and\n(b) the computer cabinet is not sealed in a way that prevents\nunauthorised access.\n","sortOrder":149},{"sectionNumber":"124","sectionType":"section","heading":"Commission may require information","content":"124 Commission may require information\n(1) This section applies if a gaming machine is installed on authorised\n(2) The commission may give the licensee a written notice stating the\ndetails the commission needs to be told about the gaming machine.\n\n","sortOrder":150},{"sectionNumber":"125","sectionType":"section","heading":"Operation to be subject to correct percentage payout","content":"125 Operation to be subject to correct percentage payout\n(a) the person is an approved technician; and\n(b) the person opens a gaming machine on authorised premises and\nmakes an adjustment that will, or is likely to, affect the\npercentage payout of the machine; and\n(c) the percentage payout on the gaming machine is not the\npercentage payout authorised by the licence for the machine.\n","sortOrder":151},{"sectionNumber":"126","sectionType":"section","heading":"Approval of statement for display on gaming machines","content":"126 Approval of statement for display on gaming machines\n(1) The Minister may approve a statement for display on each gaming\nmachine at authorised premises.\n(2) An approval is a notifiable instrument.\n","sortOrder":152},{"sectionNumber":"127","sectionType":"section","heading":"Offences—maximum stake amount","content":"127 Offences—maximum stake amount\n(1) An approved supplier commits an offence if the supplier—\n(a) supplies a gaming machine; and\n(b) intentionally sets the stake amount for the gaming machine\nhigher than the amount prescribed by regulation under\nsection 49 (Maximum stake amount).\n\n(2) An approved technician commits an offence if the technician—\n(a) installs a gaming machine; and\n(b) intentionally sets the stake amount for the gaming machine\nhigher than the amount prescribed by regulation under\nsection 49.\nDivision 6A.6 Trading of authorisations and gaming\nSubdivision 6A.6.1 Preliminary\n127A Objects—div 6A.6\nThe objects of this division are to facilitate—\n(a) the trading of class C authorisations, with or without the related\ngaming machines, between class C licensees; and\n(b) the reduction of the number of class B authorisations in the\nTerritory by—\n(i) allowing the trading of class B authorisations, without the\nrelated gaming machines, to class C licensees; and\n(ii) the conversion of traded class B authorisations to class C\nauthorisations.\nNote 1 The acquisition of an authorisation or gaming machine under this division\nis a notifiable action (see s 99).\nNote 2 If a class C licensee acquires a class B authorisation, on receiving\nnotification of the trade, the commission will amend the class C licensee’s\nauthorisation schedule to record the authorisation as a class C\n\n","sortOrder":153},{"sectionNumber":"127B","sectionType":"section","heading":"Definitions—div 6A.6","content":"127B Definitions—div 6A.6\nclass B licensee means a licensee who is licensed to operate class B\ngaming machines in the ACT.\nclass C licensee means a licensee who is licensed to operate class C\ngaming machines in the ACT.\nSubdivision 6A.6.2 Trading class B authorisations\n","sortOrder":154},{"sectionNumber":"127C","sectionType":"section","heading":"Selling class B authorisations","content":"127C Selling class B authorisations\n(1) A class B licensee (the disposing licensee) may dispose of 1 or more\nauthorisations for class B gaming machines (a class B authorisation)\nto—\n(a) a class C licensee; or\n(b) a class B licensee, or an applicant for a class B licence, who is\npurchasing the disposing licensee’s business; or\n(c) the casino licensee.\n(2) The disposing licensee must notify the commission about the disposal\nof a class B authorisation to a class C licensee or the casino licensee.\nNote 1 The disposal of a class B authorisation is a notifiable action (see pt 13A\nand sch 2).\n\n(3) The disposing licensee commits an offence if—\n(a) the disposing licensee sells a business to another person (the\npurchaser); and\n(b) the purchaser is not—\n(i) a class B licensee; or\n(ii) an applicant for a class B licence and authorisation\ncertificate under section 28 (Licence and authorisation\ncertificate for class B gaming machines—restricted\napplication).\n(4) An offence against subsection (3) is a strict liability offence.\n(5) Subsection (3) does not apply if the class B licensee took all\nreasonable steps to ascertain whether the purchaser was a person\nmentioned in subsection (3) (b).\nNote 1 The defendant has an evidential burden in relation to the matters\nmentioned in s (5) (see Criminal Code, s 58).\nNote 2 A licensee who intends to acquire an authorisation from a class B licensee\nunder this subdivision must tell the commission about the acquisition (see\ns 99).\ndisposing licensee’s business means a business operated by the\ndisposing licensee at authorised premises under a general or on\nlicence.\n(7) This section is subject to section 127F (Trading authorisations—\nforfeiture requirements).\n\n","sortOrder":155},{"sectionNumber":"127D","sectionType":"section","heading":"Offence—selling class B gaming machines","content":"127D Offence—selling class B gaming machines\n(1) A class B licensee commits an offence if—\n(a) the class B licensee sells a class B gaming machine to another\nperson; and\n(b) the sale of the class B gaming machine is not—\n(i) part of the sale of a business operated by the class B\nlicensee at authorised premises under a general or on\nlicence; or\n(ii) approved by the commission under section 113 (Approval\nof disposal of gaming machines); or\n(iii) part of a method of disposal approved by the commission\nunder section 113A (Disposal of gaming machines—\nnotifiable action).\nSubdivision 6A.6.3 Trading class C authorisations and\ngaming machines\n","sortOrder":156},{"sectionNumber":"127E","sectionType":"section","heading":"Trading class C authorisations and gaming machines","content":"127E Trading class C authorisations and gaming machines\n(1) This section applies if a class C licensee (an acquiring licensee)—\n(a) is allowed to operate class C gaming machines at authorised\npremises under an authorisation certificate; and\n(b) has less than the maximum number of authorisations for class C\ngaming machines allowed under the authorisation certificate.\n\n(2) The acquiring licensee may acquire authorisations for the authorised\npremises (with or without the related gaming machines) from 1 or\nmore class B or class C licensees (a disposing licensee).\nNote 1 A class C licensee who intends to acquire an authorisation under this\nsubdivision must tell the commission about the acquisition (see s 99). The\nacquisition is a notifiable action (see s 99, s 173D and sch 2).\nNote 2 If the class C licensee notifies the commission about the acquisition of a\ngaming machine for authorised premises, the class C licensee’s\nauthorisation schedule for the authorised premises will be amended to\nrecord the gaming machine’s serial number (see s 100 (2)).\n(3) The disposing licensee may dispose of 1 or more authorisations to the\nacquiring licensee.\n(4) This section is subject to section 127F.\n","sortOrder":157},{"sectionNumber":"127F","sectionType":"section","heading":"Trading authorisations—forfeiture requirement","content":"127F Trading authorisations—forfeiture requirement\n(1) This section applies to the acquisition, by a licensee (the acquiring\nlicensee), of an authorisation from another licensee (the disposing\nlicensee), with or without the related gaming machine.\n(2) The acquiring licensee—\n(a) must acquire the authorisations in groups of 4 authorisations;\nand\n(b) may acquire the 4 authorisations from more than 1 class B or\nclass C licensee.\nExample—par (b)\nLili (an acquiring licensee) wants to acquire authorisations. Lili must acquire\nthe authorisations in groups of 4. Brigitta (a class C licensee) has 2 class C\nauthorisations to sell. Antoni (also a class C licensee) also has 2 class C\nauthorisations to sell. Lili may acquire the 4 authorisations from Brigitta and\nAntoni. Under s (4), Lili must forfeit 1 of the acquired authorisations to the\nTerritory.\nNote A failure to comply with s (2) (a) is a ground for disciplinary action\n\n(3) However, the acquiring licensee may acquire less than\n4 authorisations if the acquiring licensee acquires the authorisations\nfrom a disposing licensee who—\n(a) intends to surrender an authorisation certificate under\nsection 37F (Surrender of licences, authorisation certificates and\nauthorisations); and\n(b) has less than 4 authorisations to dispose of under the\n(4) The acquiring licensee must forfeit 1 authorisation to the Territory for\nevery 4 authorisations the licensee acquires under this section.\n(5) The acquiring licensee is not entitled to claim compensation from the\nTerritory for an authorisation forfeited to the Territory under\nsubsection (4).\n","sortOrder":158},{"sectionNumber":"127G","sectionType":"section","heading":"Offence—acquiring authorisations and gaming machines","content":"127G Offence—acquiring authorisations and gaming machines\n(a) the licensee acquires an authorisation or gaming machine for\n(b) the acquisition is not in accordance with this Act.\n\n","sortOrder":159},{"sectionNumber":"127H","sectionType":"section","heading":"Selling class C gaming machines","content":"127H Selling class C gaming machines\n(1) A class C licensee commits an offence if—\n(a) the class C licensee sells a class C gaming machine to another\nperson (the purchaser); and\n(b) the sale of the class C gaming machine is not—\n(i) to another class C licensee; or\n(ii) approved by the commission under section 113 (Approval\nof disposal of gaming machines); or\n(iii) part of a method of disposal approved by the commission\nunder section 113A (Disposal of gaming machines—\nnotifiable action).\n(3) Subsection (1) does not apply if the class C licensee took all\nreasonable steps to ascertain whether the purchaser was a\nclass C licensee.\n","sortOrder":160},{"sectionNumber":"127I","sectionType":"section","heading":"Selling class C authorisations","content":"127I Selling class C authorisations\n(1) A class C licensee commits an offence if—\n(a) the class C licensee sells an authorisation for a class C gaming\nmachine to another person (the purchaser); and\n(b) the purchaser is not a class C licensee or the casino licensee.\n(3) Subsection (1) does not apply if the class C licensee or the casino\nlicensee took all reasonable steps to ascertain that the purchaser was\na class C licensee or the casino licensee.\n\nSubdivision 6A.6.4 Trading authorisations and gaming\nmachines—miscellaneous\n","sortOrder":161},{"sectionNumber":"127J","sectionType":"section","heading":"Trading authorisations—disposal of gaming machines","content":"127J Trading authorisations—disposal of gaming machines\n(1) This section applies if a licensee (a disposing licensee)—\n(a) disposes of an authorisation under this division; but\n(b) does not dispose of the related gaming machine.\n(2) The disposing licensee must—\n(a) apply for a storage permit for an interim purpose under\nsection 127O (Storage permit—application) for the gaming\n(b) dispose of the gaming machine in accordance with section 113A\n(Disposal of gaming machines—notifiable action).\n","sortOrder":162},{"sectionNumber":"127K","sectionType":"section","heading":"Trading authorisations and gaming machines—","content":"127K Trading authorisations and gaming machines—\nregulations\n(1) A regulation may prescribe—\n(a) conditions relating to the trading of authorisations and gaming\nmachines under this division, including restricting or\nsuspending the trading of authorisations or gaming machines—\n(i) in a stated location; or\n(ii) for a stated period, or until a stated event occurs; and\n(b) any other requirements in relation to the trading of\nauthorisations (with or without gaming machines) under this\ndivision, including in relation to arrangements for acquiring or\ndisposing of gaming machines.\n\n(2) The commission may make recommendations to the Minister for\nappropriate regulations under subsection (1), including in relation to\nthe following:\n(a) whether the increase of trading in authorisations (with or\nwithout gaming machines) in a particular location will have an\nadverse effect on problem gamblers;\n(b) whether it is in the public interest to restrict or suspend the\ntrading of authorisations (with or without gaming machines)\nunder this division, either generally or in relation to a stated\nlocation.\n(3) If the commission makes recommendations to the Minister under\nsubsection (2), the Minister must consider the recommendations.\nDivision 6A.7 Storage of authorisations and gaming\nSubdivision 6A.7.1 Interpretation\n127L Meaning of storage permit—Act\nstorage permit means a permit that authorises a licensee to store 1 or\nmore gaming machines, with or without the authorisations for the\ngaming machines—\n(a) for the purpose stated in the permit; and\n(b) at the place stated in the permit; and\n(c) for the period stated in the permit.\n\n","sortOrder":163},{"sectionNumber":"127M","sectionType":"section","heading":"Definitions—div 6A.7","content":"127M Definitions—div 6A.7\ngeneral purpose, for a storage permit—see section 127N (a).\ninspection notice—see section 127ZE (1).\ninterim purpose, for a storage permit—see section 127N (b).\nstorage period, for a gaming machine or authorisation to which a\nstorage permit applies, means the period for which the gaming\nmachine or authorisation is to be stored under the permit.\nstorage rules means the rules determined by the commission under\nsection 127ZF.\nstored authorisation means an authorisation stored under a storage\npermit.\nstored gaming machine means a gaming machine stored under a\nstorage permit.\nSubdivision 6A.7.2 Storage permits—application and\n","sortOrder":164},{"sectionNumber":"127N","sectionType":"section","heading":"Storage permits—purpose","content":"127N Storage permits—purpose\nThe commission may issue a licensee with a storage permit for 1 of\nthe following purposes:\n(a) to store 1 or more gaming machines, and the authorisations for\nthe gaming machines, for a stated period of not longer than\n12 months (a general purpose);\n(b) to store 1 or more gaming machines to be disposed of or\ndestroyed for a period of not longer than 3 months (an interim\npurpose).\nNote The commission can, on application, extend the term of a storage permit\nfor a general purpose (see s 127W).\n\n","sortOrder":165},{"sectionNumber":"127O","sectionType":"section","heading":"Storage permit—application","content":"127O Storage permit—application\n(1) A licensee may apply to the commission for a storage permit to store\n1 or more gaming machines and the authorisations for the gaming\nmachines (if any).\n(b) state the purpose and the period for which the storage permit is\nrequired; and\n(c) if the application is by a class B licensee for a storage permit for\na general purpose—state why the storage permit is needed; and\nNote A class B licensee will not be issued with a storage permit for a\ngeneral purpose unless the commission is satisfied that the storage\npermit is needed for a good reason (see s 127P (2) (c)).\n(d) state the class of gaming machine to be stored under the storage\npermit; and\n(e) state the place where each gaming machine to be stored is\nlocated; and\n(f) state the type of premises where each gaming machine is to be\nstored; and\n(g) state whether the premises will be used to store gaming\nmachines for 2 or more licensees; and\n(h) state the serial number for each gaming machine to be stored\nunder the storage permit;\n(i) state the authorisation number for each authorisation to be stored\nunder the storage permit.\nNote It is an offence to make a false or misleading statement, give false or\n\n","sortOrder":166},{"sectionNumber":"127P","sectionType":"section","heading":"Storage permit—decision on application","content":"127P Storage permit—decision on application\n(1) This section applies if the commission receives an application for a\nstorage permit under section 127O.\n(2) The commission must issue the storage permit to the licensee if\nsatisfied—\n(a) that the gaming machine and authorisation (if any) to be stored\nunder the permit are from the same authorised premises; and\n(b) that the type of premises where the gaming machines are to be\nstored are suitable for the storage of gaming machines; and\n(c) if the application is by a class B licensee for a storage permit for\na general purpose—that the storage permit is needed for a good\nreason; and\n1 renovations are being carried out at the authorised premises where the\ngaming machines to be stored under the permit are located\n2 the authorised premises where the gaming machines to be stored under\nthe permit are located have been damaged\n(d) if 2 or more licensees are to store gaming machines at the\npremises—\n(i) that the premises where the gaming machines are to be\nstored are suitable for the storage of gaming machines by\nthat number of licensees; and\n(ii) that each licensee has applied for a storage permit under\nsection 127O.\nNote 1 The commission must include in the register the serial number of, and\nauthorisation number for, a gaming machine stored under a storage\npermit for a general purpose (see Control Act, s 52 (2) (d)).\nNote 2 The commission may refuse to consider an application that is not properly\n\nNote 3 If additional information in relation to an application is not given to the\nSubdivision 6A.7.4 Storage permits—form\n","sortOrder":167},{"sectionNumber":"127S","sectionType":"section","heading":"Storage permit—form","content":"127S Storage permit—form\nA storage permit must—\n(b) state the following:\n(i) the name of the licensee;\n(ii) whether the permit is for a general purpose or an interim\npurpose;\n(iii) the day the permit comes into force and the day it expires;\n(iv) the authorised premises—\n(A) for a storage permit for a general purpose—for each\ngaming machine with its associated authorisation to\nbe stored under the permit; or\n(B) for a storage permit for an interim purpose—where\neach gaming machine to be stored under the storage\npermit was operated;\n(v) the number of each of the following to be stored under the\npermit:\n(A) for a storage permit for a general purpose—gaming\nmachines with their associated authorisations;\n(B) for a storage permit for an interim purpose—gaming\n(vi) the conditions on the permit; and\n\n(c) include a statement that—\n(i) a breach of a condition of the permit may be a ground for\ndisciplinary action; and\n(ii) it is an offence under section 104 (Offence—operating\nunauthorised or stored gaming machines) to operate a\nstored gaming machine during the period of the storage\npermit; and\n(d) include a schedule of the following information:\n(i) the serial number of each gaming machine to be stored\nunder the permit;\n(ii) for a storage permit for a general purpose—the\nauthorisation number for each gaming machine’s\nassociated authorisation; and\n(e) include anything else prescribed by regulation.\nSubdivision 6A.7.5 Storage permits—conditions\n","sortOrder":168},{"sectionNumber":"127T","sectionType":"section","heading":"Storage permit—conditions","content":"127T Storage permit—conditions\n(1) A storage permit is subject to the following conditions:\n(a) the licensee must comply with this Act;\n(b) the licensee must not exchange a stored gaming machine with\nanother gaming machine that the licensee may operate under an\nauthorisation certificate;\nNote The licensee must apply for—\n(a) an amendment of the permit to remove the details of the\nstored gaming machine; and\n(b) if a new gaming machine is to be stored in place of the stored\ngaming machine—a new permit for the new gaming machine.\n\n(c) the licensee must—\n(i) take meter readings from each gaming machine to be stored\nunder the permit; and\n(ii) immediately after taking the meter readings, render the\ngaming machine inoperable; and\n(iii) give the commission details of the meter readings taken\nunder subparagraph (i);\n(d) the licensee may dispose of a stored gaming machine if—\n(i) the disposal is in accordance with division 6A.6 (Trading\nof authorisations and gaming machines), an approval under\nsection 113 (Approval of disposal of gaming machines) or\nsection 113A (Disposal of gaming machines—notifiable\naction); and\n(ii) the licensee gives the commission a notification under\nsection 127X (Permit amendment—notification) to amend\nthe permit;\n(e) a stored gaming machine must not be operated during the period\nof the permit;\n(f) the licensee must not operate another gaming machine under the\nauthorisation for a stored gaming machine;\n(g) the licensee may trade a stored authorisation with another\nlicensee if—\n(i) the trade is in accordance with division 6A.6 (Trading of\nauthorisations and gaming machines); and\n(ii) the licensee applies for an amendment of the permit under\nsection 127ZB (Trading authorisations under permits—\nprocedure);\n\n(h) if the licensee receives an inspection notice, the licensee must\nallow an authorised officer to inspect the stored gaming\nmachines and the premises where the gaming machines are\nstored;\n(i) for a permit issued for an interim purpose—the licensee must\ndispose of the gaming machine stored under the permit before\nthe permit ends.\n(2) A permit is subject to any other condition—\n(a) determined by the commission under the storage rules; or\n(b) imposed by the commission when the permit is issued, renewed\nor amended, if it is necessary to ensure the safeguarding of\ngaming machines generally; or\n(c) prescribed by regulation.\nNote 1 A reference to an Act includes a reference to the statutory instruments\nNote 2 A permit may be amended under s 127Y or s 127Z.\n","sortOrder":169},{"sectionNumber":"127U","sectionType":"section","heading":"Storage permit—term","content":"127U Storage permit—term\n(1) A storage permit comes into force on the day stated in the permit.\n(2) The commission must not issue—\n(a) a storage permit for a general purpose for longer than 1 year; or\n(b) a storage permit for an interim purpose for longer than 3 months.\nNote The commission may extend the period of a storage permit for a general\npurpose (see s 127W).\n(3) A storage permit expires on the day stated in the permit.\n\n","sortOrder":170},{"sectionNumber":"127V","sectionType":"section","heading":"Storage permit—application for extension","content":"127V Storage permit—application for extension\n(1) A licensee who holds a storage permit for a general purpose may\napply to the commission to extend the term of the storage permit.\n(a) be in writing signed by the licensee; and\n(b) state why the licensee is seeking the extension.\n(3) If a licensee applies to extend the term of a storage permit, the storage\npermit remains in force until the application is decided.\n","sortOrder":171},{"sectionNumber":"127W","sectionType":"section","heading":"Storage permit—extension decision","content":"127W Storage permit—extension decision\n(1) This section applies if the commission receives an application under\nsection 127V to extend the term of a storage permit for a general\npurpose.\n(a) extend the term of the storage permit; or\n(b) refuse to extend the term of the storage permit.\n(3) The commission must refuse to extend the term of the storage permit\nif, when the application is made, the storage permit has been in force\nfor 3 years.\n(4) If the commission refuses to extend the term of the permit, the\nNote For what must be included in a statement of reasons, see the\nLegislation Act, s 179.\n(5) The commission may extend the term of the storage permit for a\nperiod not longer than 12 months.\n\nSubdivision 6A.7.6 Storage permits—amendment\n","sortOrder":172},{"sectionNumber":"127X","sectionType":"section","heading":"Storage permit amendment—notification","content":"127X Storage permit amendment—notification\n(1) This section applies if a licensee who holds a storage permit proposes\nto—\n(a) dispose of a stored gaming machine under division 6A.6\n(Trading of authorisations and gaming machines) or an approval\nunder section 113 (Approval of disposal of gaming machines) (a\nproposed disposal); or\nNote Proposed disposal under s 113A must also be notified to the\ncommission (see s 113A (2)).\n(b) remove a stored gaming machine from storage under the storage\npermit (a proposed removal) so that it may be operated at the\n(2) The licensee must notify the commission about the proposed disposal\nor proposed removal.\nNote 1 A proposed disposal or proposed removal is a notifiable action (see\npt 13A and sch 2).\nNote 2 The licensee is not required to provide a social impact assessment for the\nproposed removal.\nNote 3 A failure to comply with s (2) is a ground for disciplinary action (see\ns 57 (1) (c)).\n","sortOrder":173},{"sectionNumber":"127Y","sectionType":"section","heading":"Storage permit amendment—decision","content":"127Y Storage permit amendment—decision\nThe commission may amend a storage permit if the commission\nreceives, within the time required under section 173D (Notifiable\nactions)—\n(a) notification about a proposed disposal or proposed removal of a\ngaming machine under—\n(i) section 113A (Disposal of gaming machines—notifiable\naction); or\n\n(ii) section 127X; and\n(b) any further information requested under section 173D.\n","sortOrder":174},{"sectionNumber":"127Z","sectionType":"section","heading":"Storage permit amendment—commission’s own initiative","content":"127Z Storage permit amendment—commission’s own initiative\nThe commission may amend a storage permit on its own initiative to\ncorrect a mistake, error or omission on the storage permit.\n127ZA Storage permit amendment—reissue of storage permit\nIf the commission amends a storage permit under this division, the\ncommission must give the licensee a new storage permit.\nSubdivision 6A.7.7 Storage permits—trading authorisations\nunder permits\n127ZB Trading authorisations under storage permits—\nprocedure\n(1) This section applies if a disposing licensee who holds a storage permit\ntrades a stored authorisation to an acquiring licensee under\ndivision 6A.6 (Trading of authorisations and gaming machines).\n(2) The disposing licensee must give the commission—\n(a) details of the acquiring licensee; and\n(b) written notice to—\n(i) amend the disposing licensee’s storage permit to remove\nreferences to the stored authorisation and its associated\n\n(ii) if the gaming machine is not being sold to the acquiring\nlicensee—issue to the disposing licensee a storage permit\nfor an interim purpose for the gaming machine.\nNote 1 The trading of a stored authorisation is a notifiable action (see pt 13A and\nsch 2).\nNote 2 A failure to comply with this section is a ground for disciplinary action\n127ZC Trading authorisations under storage permits—decision\non application by disposing licensee\n(1) This section applies if the commission receives written notice from a\ndisposing licensee under section 127ZB (2) for a storage permit for\nan interim purpose for a gaming machine to be disposed of under the\ntrade mentioned in that section.\n(2) The commission must issue the storage permit to the disposing\nlicensee.\n(3) The storage permit must be—\n(a) in the form mentioned in section 127S (Storage permit—form);\nand\n(b) subject to the conditions mentioned in section 127T (Storage\npermit—conditions); and\n(c) for a period not longer than 3 months.\n\nSubdivision 6A.7.8 Storage permits—miscellaneous\n127ZE Gaming machines and authorisations under storage\npermits—inspection\n(1) The commission may, by written notice (an inspection notice) given\nto a licensee who holds a storage permit, require the licensee to,\nwithin a stated reasonable time, allow an authorised officer to\ninspect—\n(a) the storage permit; and\n(b) any gaming machine under the storage permit; and\n(c) the premises where any gaming machine is stored under the\nstorage permit.\n(2) The inspection notice must include a statement that—\n(a) a failure to comply with the notice may be a ground for\ndisciplinary action; and\n(b) the commission may exercise its powers under the Control Act\nto undertake an inspection.\nNote The commission’s powers of inspection under this section are in addition\nto the commission’s powers of inspection under the Control Act (see\nControl Act, pt 4).\n127ZF Storage of gaming machines and authorisations—rules\n(1) The commission may determine rules about the following in relation\nto the storage of gaming machines and authorisations under a storage\npermit:\n(a) the class of gaming machine to which the rules apply;\n(b) the type of premises where gaming machines must be stored;\n(c) the circumstances in which premises may be used for storing\ngaming machines for 2 or more licensees;\n\n(d) the minimum standard for security arrangements and safeguards\nfor storing gaming machines under a storage permit;\n(e) who may have access to a gaming machine stored under a\nstorage permit;\n(f) who is to be responsible for the storage of gaming machines\nunder a storage permit;\n(g) the records that must be kept for gaming machines and\nauthorisations under a storage permit;\n(h) the procedures for enabling the commission to inspect premises\nwhere gaming machines are stored.\n(2) A determination is a disallowable instrument.\n\nRegulation of gaming machines generally Part 7\n","sortOrder":175},{"sectionNumber":"Part 7","sectionType":"part","heading":"Regulation of gaming machines","content":"Part 7 Regulation of gaming machines\ngenerally\n","sortOrder":176},{"sectionNumber":"128","sectionType":"section","heading":"Maintaining gaming machines etc on authorised","content":"128 Maintaining gaming machines etc on authorised\npremises\n(a) maintains any of the following on authorised premises:\n(b) is not an approved technician.\n","sortOrder":177},{"sectionNumber":"129","sectionType":"section","heading":"Interference with gaming machines","content":"129 Interference with gaming machines\n(1) A person commits an offence if the person recklessly interferes with\nthe operation of a gaming machine.\n(2) A person commits an offence if the person inserts into a gaming\nmachine anything other than a coin, note or token of the kind stated\non the gaming machine.\n\n(3) A person commits an offence if the person does anything intended to\ninterfere with a gaming machine in a way that causes the machine to\nyield a reward less than or greater than the percentage payout under\nthe licence in relation to that machine.\n(4) A person commits an offence if the person does anything intended to\nrender a gaming machine, either temporarily or otherwise, incapable\nof forming a winning combination.\n(5) Subsection (1) does not apply in relation to anything done honestly\nfor the maintenance of a gaming machine by—\n(a) an approved technician; or\n(b) an authorised officer; or\n(c) someone else authorised in writing by the commission.\nmentioned in s (5) (see Criminal Code, s 58).\n","sortOrder":178},{"sectionNumber":"130","sectionType":"section","heading":"Opening computer cabinets","content":"130 Opening computer cabinets\n(a) opens the computer cabinet in a gaming machine; and\n(b) is not—\n(i) an approved technician; or\n(ii) an authorised officer; or\n(iii) someone else authorised in writing by the commission.\n\nRegulation of gaming machines generally Part 7\n","sortOrder":179},{"sectionNumber":"131","sectionType":"section","heading":"Rendering gaming machines inoperable on authorisation","content":"131 Rendering gaming machines inoperable on authorisation\ncertificate ceasing to be in force\nIf an authorisation certificate for authorised premises ceases to be in\nforce, the commission must ensure that each gaming machine on the\nauthorised premises is inoperable—\n(a) if the authorisation certificate ceased to be in force under\nsection 64 (2) (Cancellation of authorisation certificate because\nof cancellation etc of general and on licences) or because the\ncertificate expired—until the gaming machines are removed\nfrom the authorised premises; or\nNote Section 64 (2) provides that a person’s authorisation certificate for\npremises is cancelled if the person’s general or on licence for the\npremises ceases to be in force.\n(b) if the authorisation certificate for the premises is suspended—\nduring the suspension; or\n(c) if the authorisation certificate for the premises has been\ncancelled—until the first of the following happens:\n(i) the gaming machines are removed from the authorised\npremises;\n(ii) the decision of the commission to cancel the authorisation\ncertificate is set aside on an application for review of the\ndecision; or\n(d) if the authorisation certificate for the premises ceased to be in\nforce under section 64 (3)—until the first of the following\nhappens:\n(i) the gaming machines are removed from the premises;\n(ii) the authorisation certificate is taken to be in force again\nunder section 64 (4).\nNote Section 64 (3) provides that a person’s authorisation certificate for\npremises is cancelled if the person’s general or on licence for the\npremises is cancelled.\n\n","sortOrder":180},{"sectionNumber":"132","sectionType":"section","heading":"Removal of gaming machines from premises","content":"132 Removal of gaming machines from premises\n(1) This section applies to a person who held a licence or authorisation\ncertificate that has ceased to be in force, other than a person whose\nlicence or authorisation certificate is suspended.\n(2) The person commits an offence if, at the end of the required period, a\ngaming machine that was allowed to be operated under the\nauthorisation certificate is on the premises for which the certificate\nwas issued.\nrelevant decision means the decision of the commission (if any)\nbecause of which the licence or authorisation certificate ceased to be\nin force.\nrequired period means—\n(a) 2 weeks after the day—\n(i) the licence or authorisation certificate ceases to be in force;\nor\n(ii) if an application for review of the relevant decision may be\nmade but is not made—the time for applying for review of\nthe decision ends; or\n(iii) if an application is made to review the relevant decision—\nthe application is withdrawn, dismissed or decided; or\n(b) any further period the commission, whether before or after the\nend of the period, in writing, approves.\n\n","sortOrder":181},{"sectionNumber":"133","sectionType":"section","heading":"Operation of linked-jackpot arrangements","content":"133 Operation of linked-jackpot arrangements\n(a) the person operates a linked-jackpot arrangement between\ngaming machines; and\n(b) the arrangement is not approved under section 134 or by a multi-\nuser permit.\n","sortOrder":182},{"sectionNumber":"134","sectionType":"section","heading":"Single-user approval for linked-jackpot arrangements","content":"134 Single-user approval for linked-jackpot arrangements\n(1) A licensee may apply in writing to the commission for approval to\noperate a linked-jackpot arrangement between gaming machines\noperated under an authorisation certificate held by the licensee.\n(2) The application must include details of each event by reference to\nwhich linked jackpots are to be payable under the proposed\narrangement.\n(3) The commission must approve the linked-jackpot arrangement if—\n(a) each gaming machine proposed to be linked under the proposed\narrangement—\n(i) is operated under a single authorisation certificate held by\nthe applicant; and\n(ii) is the same class; and\n(iii) offers the same chance of winning linked jackpots as each\n(b) the financial and operational aspects of the proposed\narrangement are in accordance with the regulation; and\n\n(c) the commission is satisfied, on reasonable grounds, that the\nproposed arrangement is satisfactory, having regard to the\ninterests of the people playing the machines in the proposed\nlinked-jackpot arrangement.\n(4) It is a condition of an approval under this section that—\n(a) each gaming machine in the linked-jackpot arrangement\ndisplays at all times a sign stating clearly—\n(i) that the gaming machine is part of a linked-jackpot\narrangement with other gaming machines on the authorised\n(ii) information about the linked-jackpot arrangement is\navailable, on request, from the licensee; and\n(b) the licensee makes available, on request, information about the\nlinked-jackpot arrangement to anyone requesting it; and\nExamples—information about linked-jackpot arrangement\n1 the percentage of the turnover of each gaming machine set aside for the\npayment of linked jackpots\n2 the authorisation certificate for the authorised premises\n(c) linked jackpots be payable for the approved arrangement by\nreference to the event or events set out in the application for\napproval for the arrangement.\n","sortOrder":183},{"sectionNumber":"135","sectionType":"section","heading":"Issue of multi-user permits","content":"135 Issue of multi-user permits\n(1) A person (including a person other than a licensee) may apply in\nwriting to the commission for a permit (a multi-user permit) to\noperate a linked-jackpot arrangement between gaming machines\noperated under 2 or more authorisation certificates.\n(2) The application must include details of the event or events by\nreference to which linked jackpots are to be payable under the\nproposed arrangement.\n\n(3) The commission must issue the multi-user permit if—\n(a) the commission is satisfied, on reasonable grounds, that the\napplicant is an eligible person; and\n(b) each licensee consents to the arrangement; and\n(c) each gaming machine proposed to be linked under the proposed\narrangement—\n(i) is the same class; and\n(d) the financial and operational aspects of the proposed\narrangement is in accordance with the regulation; and\n(e) the commission is satisfied, on reasonable grounds, that the\nproposed arrangement is satisfactory, having regard to the\ninterests of the people playing the gaming machines in the\nproposed arrangement.\n(4) A multi-user permit must state—\n(a) the full name and address of the permit-holder; and\n(b) the gaming machines in the linked-jackpot arrangement for\nwhich the permit is issued, and the authorised premises where\nthey are situated; and\n(c) the conditions to which the permit is subject.\n\n","sortOrder":184},{"sectionNumber":"136","sectionType":"section","heading":"Conditions on multi-user permits","content":"136 Conditions on multi-user permits\n(1) A multi-user permit is subject to the following conditions:\n(a) each gaming machine in a linked-jackpot arrangement under the\npermit displays at all times a sign stating clearly—\n(i) that the gaming machine is part of a linked-jackpot\narrangement with gaming machines on different authorised\n(ii) that information about the linked-jackpot arrangement is\navailable, on request, from the permit-holder;\n(b) linked jackpots are payable under the arrangement by reference\nto the event or events set out in the application for the permit for\nthe arrangement;\n(c) the financial and operational aspects of the arrangement must\nnot be amended without the commission’s approval under\nsection 138;\n(d) if the permit-holder is a corporation—the permit-holder must\ngive written notice to the commission stating any of the\nfollowing changes in relation to the corporation within 1 week\nafter the day of the change:\n(i) a person becoming an influential person for the\n(ii) a substantial change in the relationship of an influential\nperson to the corporation;\n(iii) a person ceasing to be an influential person for the\ncorporation.\n(2) The commission may put any other reasonable condition on a multi-\nuser permit that the commission considers appropriate, having regard\nto the interests of the people playing the gaming machines in each\nlinked-jackpot arrangement under the permit.\n\n","sortOrder":185},{"sectionNumber":"137","sectionType":"section","heading":"Term of multi-user permits","content":"137 Term of multi-user permits\nA multi-user permit is for the period (of up to 3 years) stated in the\npermit.\n","sortOrder":186},{"sectionNumber":"138","sectionType":"section","heading":"Amendment of multi-user permits in interest of users","content":"138 Amendment of multi-user permits in interest of users\n(1) The commission may amend a condition of a multi-user permit on its\nown initiative if satisfied that it is appropriate to amend the condition,\nhaving regard to the interests of the people playing the gaming\nmachines in the linked-jackpot arrangement under the permit.\n(2) The amendment takes effect on the date stated in the notice of the\ndecision on the amendment given to the permit-holder by the\n","sortOrder":187},{"sectionNumber":"139","sectionType":"section","heading":"Amendment of multi-user permit on request","content":"139 Amendment of multi-user permit on request\n(1) This section applies if a multi-user permit-holder applies in writing to\nthe commission for an amendment of the permit to—\n(a) reduce the number of gaming machines in a linked-jackpot\narrangement, or terminate a linked-jackpot arrangement; or\n(b) increase the number of gaming machines in a linked-jackpot\narrangement under the permit; or\n(c) include a new linked-jackpot arrangement under the permit; or\n(d) include gaming machines on other authorised premises in a\nlinked-jackpot arrangement; or\n(e) amend a condition on the permit.\n(2) The commission must amend the multi-user permit, or refuse to\namend the permit.\n\n(3) The commission must not amend the multi-user permit unless\nsatisfied—\n(a) if an additional gaming machine is proposed to be included in a\nlinked-jackpot arrangement—that the additional machine—\n(i) is the same class as the other gaming machines in the\narrangement; and\n(b) if a new linked-jackpot arrangement is proposed to be included\nunder a permit—that each gaming machine to be linked—\n(i) is the same class; and\n(c) if gaming machines on other authorised premises are proposed\nto be included in a linked-jackpot arrangement (whether or not\nthe arrangement is an existing arrangement)—that the financial\nand operational aspects of the arrangement are in accordance\nwith the regulation; and\n(d) that the proposed amendment is satisfactory, having regard to\nthe interests of the people playing the gaming machines in each\nproposed linked-jackpot arrangement.\n(4) The amendment takes effect on the date stated in the notice of the\ndecision on the amendment given to the permit-holder by the\n\n","sortOrder":188},{"sectionNumber":"140","sectionType":"section","heading":"Amendment of financial and operational aspects of multi-","content":"140 Amendment of financial and operational aspects of multi-\nuser permits\n(1) This section applies if a multi-user permit-holder applies in writing to\nthe commission for an amendment of a financial or operational aspect\nof a linked-jackpot arrangement under a multi-user permit.\n(2) The commission must amend the multi-user permit, or refuse to\namend the permit.\n(3) The commission must amend the multi-user permit in accordance\nwith the application if—\n(a) the financial and operational aspects of the arrangement, as\nproposed to be amended, are in accordance with the regulation;\nand\n(b) the commission is satisfied that the proposed amendment is\nsatisfactory, having regard to the interests of the people playing\nthe gaming machines in the arrangement.\n","sortOrder":189},{"sectionNumber":"141","sectionType":"section","heading":"Transfer of multi-user permits","content":"141 Transfer of multi-user permits\n(1) The holder of a multi-user permit and a person (the proposed\npermit-holder) to whom the permit is proposed to be transferred may\napply jointly in writing to the commission for transfer of the permit.\n(2) The commission must transfer the permit to the proposed\npermit-holder if satisfied on reasonable grounds that the proposed\npermit-holder is an eligible person.\n","sortOrder":190},{"sectionNumber":"142","sectionType":"section","heading":"Surrender of multi-user permits","content":"142 Surrender of multi-user permits\n(1) This section applies to a multi-user permit-holder if the permit-holder\ndoes not owe the Territory an amount under this Act.\n(2) The multi-user permit-holder may surrender the permit by—\n(a) giving the commission a written notice stating that the\npermit-holder surrenders the permit; and\n\n(b) returning the permit to the commission.\n(3) The surrender of the multi-user permit takes effect 4 weeks after the\nday the notice under subsection (2) (a) is given to the commission or,\nif the notice states a later date of effect, that date.\n","sortOrder":191},{"sectionNumber":"143","sectionType":"section","heading":"Unclaimed jackpots","content":"143 Unclaimed jackpots\n(1) This section applies if an amount won under a linked-jackpot\narrangement approved under section 134 for a licensee or permitted\nunder section 135 is not claimed within 1 year after the day it is won.\n(2) The amount is forfeited to the Territory.\n(3) After the amount is forfeited, the winner of the amount—\n(a) is not entitled to recover the amount from the licensee or\npermit-holder; and\n(b) is entitled to recover the amount from the Territory within\n6 years after the day the person wins the amount; and\n(c) is not entitled to recover interest on the amount from the\nTerritory.\n","sortOrder":192},{"sectionNumber":"144","sectionType":"section","heading":"Undisbursed jackpots","content":"144 Undisbursed jackpots\n(1) This section applies if an amount available for allocation as a prize in\na linked-jackpot arrangement approved under section 134 or a multi-\nuser permit has not been won, and cannot be won because the\napproval or permit for the arrangement has been cancelled or\nsurrendered.\nNote A permit may be cancelled under pt 4 (see s 62).\n(2) The commission may approve an arrangement for the redistribution\nof the amount as a prize, or an addition to another jackpot, if satisfied\nthat the arrangement is fair.\n\n(3) However, the amount is a debt owing to the Territory if—\n(a) the person who held the approval or permit has stopped\noperating gaming machines; or\n(b) an approval under subsection (2) has not been given for an\narrangement 4 weeks after the day the approval under\nsection 134 or permit is cancelled or surrendered.\n(4) The commission must extend the 4-week period mentioned in\nsubsection (3) (b) if satisfied that the extension is needed for a good\nreason.\nNote The commission may extend the period even if it has ended (see\nLegislation Act, s 151C).\n\n","sortOrder":193},{"sectionNumber":"144A","sectionType":"section","heading":"Definitions—pt 9","content":"144A Definitions—pt 9\nassociated organisation declaration means a declaration under\nsection 147 (Associated organisations—declaration) that an entity is\nan associated organisation for a club.\nwarning notice, for an associated organisation—see\nsection 147B (1).\n","sortOrder":194},{"sectionNumber":"145","sectionType":"section","heading":"Eligible objects","content":"145 Eligible objects\n(1) An object of a club is an eligible object if—\n(a) it furthers or promotes—\n(i) recreation; or\n(ii) social, religious, political, literary, scientific, artistic,\nsporting or athletic purposes; or\n(iii) cultural or educational purposes; or\n(b) it is approved by the commission; or\n(c) it is substantially the same as an object mentioned in\nparagraph (a) or (b).\n(2) An approval under subsection (1) (b) is a disallowable instrument.\n","sortOrder":195},{"sectionNumber":"146","sectionType":"section","heading":"Eligible clubs","content":"146 Eligible clubs\nA club is an eligible club if—\n(a) the club is incorporated in the ACT; and\n(b) the club’s statement of objects—\n(i) includes eligible objects; and\n\n(ii) indicates that the eligible objects together make up the\nmain part of its objects; and\n(c) the club is conducted mainly to achieve eligible objects; and\n(d) the rules of the club—\n(i) are in accordance with the regulation; and\n(ii) are consistent with the licence and authorisation certificate\nconditions under part 3; and\n(iii) do not prohibit the playing of games of chance for money\non the club premises; and\n(e) the club has at least 300 voting members; and\n(f) the number of life members of the club is not more than 5% of\nthe number of voting members of the club; and\n(g) the premises occupied by the club, and the facilities and property\nof the club, are kept and maintained for the benefit of members\ngenerally.\n","sortOrder":196},{"sectionNumber":"147","sectionType":"section","heading":"Associated organisations—declaration","content":"147 Associated organisations—declaration\n(1) The commission may, in writing, declare that an entity is an\nassociated organisation for a club.\n(2) However, the commission may make a declaration (an associated\norganisation declaration) for an entity only if satisfied that—\n(a) it is associated with the club; and\n(b) it is not carried on for profit or gain to its members or anyone\nelse; and\n(c) it does not have the power to remove a director from the club’s\nboard; and\n(d) it is incorporated or a registered party; and\n\n(e) its statement of objects—\n(i) includes eligible objects; and\n(ii) indicates that the eligible objects together make up the\nmain part of its objects; and\n(f) it is conducted mainly to achieve eligible objects; and\n(g) declaration of the entity as an associated organisation—\n(i) would not cause the club to stop being conducted mainly\nto achieve eligible objects; and\n(ii) would help the club to achieve its eligible objects.\n(3) For this section—\n(a) a reference to the statement of objects of an entity incorporated\nunder the Corporations Act is a reference to its memorandum;\nand\n(b) a reference to an eligible object of an entity that is not a club is\na reference to an object that would be an eligible object if the\nentity were a club.\n","sortOrder":197},{"sectionNumber":"147A","sectionType":"section","heading":"Associated organisation declaration—condition","content":"147A Associated organisation declaration—condition\nIt is a condition of an associated organisation declaration that the\nentity declared to be an associated organisation for a club—\n(a) continually meets each requirement for the declaration; and\nNote For the requirements for the declaration of an entity as an\nassociated organisation for a club—see s 147 (2).\n(b) continues not to do anything that would, if the commission were\nconsidering whether to declare the entity as an associated\norganisation for a club, cause the commission to refuse to make\nthe declaration; and\n\n(c) does not attempt to remove a director (including do anything a\npurpose of which is to remove a director) from the club’s board.\nNote 1 The Control Act, s 22 provides that the commission may, for a purpose\nrelated to the administration or enforcement of a gaming law, require a\nperson to give or produce to the commission the things mentioned in that\nsection.\nNote 2 The Control Act, s 23 provides that an authorised officer may enter and\ninspect the premises of an associated organisation at any reasonable time\nto do the things mentioned in that section.\n","sortOrder":198},{"sectionNumber":"147B","sectionType":"section","heading":"Associated organisation—warning notice","content":"147B Associated organisation—warning notice\n(1) If the commission is satisfied on reasonable grounds that an entity\ndeclared to be an associated organisation for a club has stopped\nmeeting a requirement for the associated organisation declaration, the\ncommission may give the entity a notice (a warning notice).\n(2) A warning notice given to the entity must—\n(a) state that the commission is not satisfied that the entity is\nmeeting a requirement for the associated organisation\ndeclaration; and\n(b) tell the entity that the entity may, within 3 weeks after the day\nthe entity is given the notice (or a longer period stated in the\nnotice), give a written response to the commission about the\nnotice.\n\n","sortOrder":199},{"sectionNumber":"147C","sectionType":"section","heading":"Associated organisation declaration—suspension or","content":"147C Associated organisation declaration—suspension or\nrepeal\n(a) an associated organisation has been given a warning notice; and\n(b) after considering any responses given within the period stated in\nthe warning notice, the commission is satisfied on reasonable\ngrounds that the associated organisation has stopped meeting a\nrequirement for the associated organisation declaration applying\nto the organisation.\n(a) suspend the declaration; or\n(b) repeal the declaration.\n(3) If the commission suspends or repeals the declaration, the suspension\nor repeal takes effect—\n(a) when the entity receives written notice of the suspension or\nrepeal; or\n(b) on a later stated date.\n(4) If the commission suspends the declaration, the suspension ends—\n(a) on a date stated in the written notice of the suspension; or\n(b) when an event stated in the written notice happens.\n","sortOrder":200},{"sectionNumber":"147D","sectionType":"section","heading":"Club elections—election of board directors","content":"147D Club elections—election of board directors\n(1) This section applies if a club holds an election of directors to the\nclub’s board.\n(2) The club must ensure that at least 25% of the directors are elected by\nthe voting members of the club.\n\n","sortOrder":201},{"sectionNumber":"148","sectionType":"section","heading":"Club elections—record-keeping","content":"148 Club elections—record-keeping\n(1) This section applies if a club has an election of members to the club’s\nmanagement committee or board, or another position in the club.\n(2) The club commits an offence if the club does not, for the relevant\nperiod, keep records in relation to the election.\nelection of someone to a position includes re-election of the person.\nrelevant period means 2 years after the day of the election.\n","sortOrder":202},{"sectionNumber":"148A","sectionType":"section","heading":"Club directors—acting in good faith","content":"148A Club directors—acting in good faith\nA director of a club must exercise the director’s powers and discharge\nthe director’s duties—\n(a) in good faith in the best interests of the club; and\n(b) for a proper purpose; and\n(c) as far as practicable, in a way that reduces gambling harm.\n","sortOrder":203},{"sectionNumber":"148B","sectionType":"section","heading":"Club constitution—consistency with gaming laws","content":"148B Club constitution—consistency with gaming laws\n(1) This section applies if the commission believes on reasonable\ngrounds that—\n(a) a provision of a club’s constitution is inconsistent with a gaming\nlaw; or\n(b) a function under a provision of a club’s constitution would, if\nexercised, be inconsistent with a provision of a gaming law.\n(2) The commission must, in writing, direct the club to amend the\nconstitution to remove the inconsistency.\n\n(3) A club must comply with a direction under subsection (2) within the\nreasonable time stated in the direction.\n","sortOrder":204},{"sectionNumber":"149","sectionType":"section","heading":"Power to require information about status of eligible","content":"149 Power to require information about status of eligible\n(1) This section applies if the commission believes, on reasonable\ngrounds, that a club—\n(a) is no longer an eligible club; or\n(b) may no longer be an eligible club.\n(2) The commission may, in writing, require the club to give the\ncommission, within a stated period, information or documents\nrelating to the club or an associated organisation for the club.\n(3) A club must comply with a requirement under subsection (2).\n","sortOrder":205},{"sectionNumber":"150","sectionType":"section","heading":"Disclosure of gifts by executive officer","content":"150 Disclosure of gifts by executive officer\n(a) the person is an executive officer of a club; and\n(b) the person receives a gift while exercising a function as\nexecutive officer; and\n(c) the person does not tell the management committee or the board\nabout the gift.\n\n","sortOrder":206},{"sectionNumber":"Part 10","sectionType":"part","heading":"Promoting responsible practices","content":"Part 10 Promoting responsible practices\nat authorised premises\n","sortOrder":207},{"sectionNumber":"151","sectionType":"section","heading":"Warning notices","content":"151 Warning notices\n(1) The commission may determine—\n(a) the form and minimum dimensions of a notice (a warning\nnotice); and\n(b) the text of a warning notice.\nExamples of what may be included in warning notice\n1 risks associated with gambling\n2 counselling or other support services available for addictive or excessive\ngambling\n3 the provisions of this part about children\n(2) If the commission makes a determination under subsection (1), a\nlicensee must ensure that a warning notice complying with the\ndetermination is displayed in a prominent position at or near each\nentrance to each gaming area within the authorised premises.\n(3) A licensee commits an offence if the licensee contravenes a\nrequirement of subsection (2).\n(4) An offence against subsection (3) is a strict liability offence.\n(5) A determination under subsection (1) is a disallowable instrument.\n(6) Unless the determination is disallowed by the Legislative Assembly,\nthe determination commences—\n(a) 2 weeks after the last day when it could have been disallowed;\nor\n(b) if the determination provides for a later commencement—on\nthat later commencement.\n\n","sortOrder":208},{"sectionNumber":"152","sectionType":"section","heading":"External signs","content":"152 External signs\n(1) A licensee commits an offence if the licensee displays an external\nsign advertising gaming machines or promoting a gambling activity\non the licensee’s authorised premises.\n(2) An offence against subsection (1) is a strict liability offence.\nadvertising, a gaming machine, includes having an image of, or text\nmentioning, a gaming machine on a sign advertising or promoting an\nactivity, whether or not the activity is related to a gambling activity.\nexternal sign, for authorised premises, means a sign that can be seen\nfrom outside the authorised premises, but does not include—\n(a) an advertisement on television (other than closed-circuit\ntelevision) or on the internet; or\n(b) a sign consisting mainly of a registered business name; or\n(c) a sign consisting mainly of a business logo that does not\nadvertise gaming machines or promote a gambling activity.\na written, electronic or physical display, picture or symbol\ngambling activity—\n(a) means an activity that requires approval under a gaming law; but\n(b) does not include an exempt lottery under the Lotteries Act 1964,\nsection 6 or a lottery approved under that Act, section 7.\nregistered business name means a business name registered under\nthe Business Names Registration Act 2011 (Cwlth).\n\n","sortOrder":209},{"sectionNumber":"152A","sectionType":"section","heading":"External visibility of gaming machines","content":"152A External visibility of gaming machines\n(1) A licensee commits an offence if a gaming machine, or any peripheral\nequipment for a gaming machine, can be seen from outside the\nlicensee’s authorised premises.\n(2) An offence against subsection (1) is a strict liability offence.\n","sortOrder":210},{"sectionNumber":"153","sectionType":"section","heading":"Cash facilities","content":"153 Cash facilities\n(1) A licensee commits an offence if the licensee provides, or allows the\nprovision of, a cash facility in a gaming area within the licensee’s\n(2) If the commission is satisfied that there is not adequate physical\nseparation between a gaming area of authorised premises and a cash\nfacility on the premises, the commission may give the licensee a\nwritten direction to separate the parts of the premises.\nby installing barriers\n(3) A licensee must comply with a direction under subsection (2).\n\n","sortOrder":211},{"sectionNumber":"153A","sectionType":"section","heading":"Offence—ATM allowing withdrawals exceeding $250","content":"153A Offence—ATM allowing withdrawals exceeding $250\n(a) there is an automatic teller machine at the licensee’s authorised\n(b) the automatic teller machine allows a person to withdraw more\nthan a total of $250 from all automatic teller machines at the\nauthorised premises, using a single debit card or credit card, on\na gaming day.\n(2) This section does not apply to—\n(a) a portable ATM that is located temporarily at the Canberra\nRacing Club on a day on which a race is to be conducted; or\n(b) authorised premises if the authorisation certificate for the\npremises authorises the operation of not more than 20 gaming\nmachines at the premises.\nat the licensee’s authorised premises includes in or on an exterior\nwall of the authorised premises.\ngaming day means—\n(a) the period from when the authorised premises opens to the\npublic on a day until it next closes; but\n(b) if the authorised premises are open to the public for longer than\n24 hours continuously—\n(i) each 24-hour period for which it is open to the public; and\n(ii) if the last period before it closes is less than 24 hours—that\n\n","sortOrder":212},{"sectionNumber":"154","sectionType":"section","heading":"Lending or extending credit","content":"154 Lending or extending credit\n(a) the person is a licensee or licensee’s employee; and\n(b) the person—\n(i) lends or offers to lend money to a person who is in, or\nappears to be about to enter, the licensee’s authorised\npremises or part of them; or\n(ii) extends or offers to extend credit to a person to allow the\nperson to play a gaming machine on the authorised\ncredit includes accepting postdated cheques, blank cheques and credit\nand debit cards.\n","sortOrder":213},{"sectionNumber":"155","sectionType":"section","heading":"Children must not enter gaming area","content":"155 Children must not enter gaming area\n(1) A licensee commits an offence if the licensee allows a child to enter\nor remain in a gaming area.\n(2) An employee of a licensee commits an offence if the employee allows\na child to enter or remain in a gaming area.\n\n","sortOrder":214},{"sectionNumber":"156","sectionType":"section","heading":"Children must not play gaming machines","content":"156 Children must not play gaming machines\n(1) A licensee commits an offence if the licensee allows a child to play a\n","sortOrder":215},{"sectionNumber":"157","sectionType":"section","heading":"Using false identification","content":"157 Using false identification\n(1) A person commits an offence if the person uses someone else’s\nidentification or a form of identification that is forged—\n(a) to obtain entry to or remain in a gaming area on authorised\npremises; or\n(b) to play a gaming machine.\nMaximum penalty: 10 penalty units.\n\n","sortOrder":216},{"sectionNumber":"157A","sectionType":"section","heading":"Definitions—pt 11","content":"157A Definitions—pt 11\nGMT rebate—see section 162A.\nsmall or medium club, for a financial year, means a licensee that is a\nclub if—\n(a) the gross revenue in relation to the operation of gaming\nmachines under all authorisation certificates held by the licensee\nis not more than $4 000 000 for the financial year; or\n(b) if the gross revenue in relation to the operation of gaming\nmachines under all authorisation certificates held by the licensee\nis more than $4 000 000 for the financial year—the licensee\nwould receive a reduced GMT rebate for the financial year\nbecause of the application of section 162A (3).\nsmall or medium club group, for a financial year, means all licensees\nwithin a club group if—\n(a) the gross revenue in relation to the operation of gaming\nmachines under all authorisation certificates held by all\nlicensees of the group is not more than $4 000 000 for the\nfinancial year; or\n(b) if the gross revenue in relation to the operation of gaming\nmachines under all authorisation certificates held by all\nlicensees of the group is more than $4 000 000 for the\nfinancial year—the licensees would receive a reduced GMT\nrebate for the financial year because of the application of\nsection 162A (3).\n\ntax period means—\n(a) for a licensee that makes an election under section 161A—\na quarter; or\n(b) in any other case—a month.\n","sortOrder":217},{"sectionNumber":"157B","sectionType":"section","heading":"Meaning of club group etc—pt 11","content":"157B Meaning of club group etc—pt 11\nclub group—\n(a) means 2 or more licensees that are clubs related to each other\nbecause each licensee is related to at least 1 other licensee in the\ngroup; but\n(b) does not include a licensee that the commission determines\nunder section 157C is not part of a club group.\n(2) For this section, a licensee is related to another licensee if 1 or more\nof the following apply:\n(a) the licensees are related bodies corporate under the Corporations\nAct, section 50;\n(b) the licensees are associated entities under the Corporations Act,\nsection 50AAA;\n(c) the same person is an influential person for each licensee;\n(d) the licensees have the same registered office;\n(e) the licensees have an arrangement or agreement with each other\nto share employees, resources, facilities or services;\n(f) there is a financial interdependency between the licensees;\n(g) the licensees have an arrangement or agreement with each other\nthat gives members of each licensee access to reciprocal benefits\nfrom the other licensee;\n\n(h) the licensees use common branding or advertise publicly as\nrelated clubs;\n(i) any other circumstance prescribed by regulation.\n","sortOrder":218},{"sectionNumber":"157C","sectionType":"section","heading":"Determination that licensee not part of club group","content":"157C Determination that licensee not part of club group\n(1) This section applies if a licensee is related to another licensee under\nsection 157B (2), other than because the licensees are related bodies\ncorporate under the Corporations Act, section 50 or associated\nentities under that Act, section 50AAA.\n(2) The commission may, on the written request of the licensee,\ndetermine that the licensee is not part of a club group.\n(3) However, the commission must not make a determination unless\nsatisfied that the relationship between the licensee and the other\nlicensee is casual, coincidental or otherwise insignificant.\nExamples—casual, coincidental or otherwise insignificant\n1 The licensees each sponsor a community event for which the promotional\nmaterial includes co-branding of the licensees.\n","sortOrder":219},{"sectionNumber":"2","sectionType":"section","heading":"The registered office of 2 licensees is the same, however the office is that of","content":"2 The registered office of 2 licensees is the same, however the office is that of\nan ASIC registered agent.\n(4) The commission may revoke a determination that applies to a licensee\nif satisfied that the circumstances in which the determination was\nmade do not apply to the licensee.\n(5) A determination may provide for its commencement on or before the\ndetermination’s notification day.\nNote This subsection provides express authority for a determination to\ncommence on or before its notification day (see Legislation Act,\ns 73 (2) (d)).\n(6) A determination is a notifiable instrument.\n\n","sortOrder":220},{"sectionNumber":"157D","sectionType":"section","heading":"Notice of change to club group status","content":"157D Notice of change to club group status\n(1) This section applies if, during a financial year, a licensee’s\nrelationship to another club changes so that the licensee—\n(a) becomes part of a club group; or\n(b) ceases to be part of a club group.\n(2) The licensee must give the commission written notice of the change\nwithin 7 days after the day the change occurs.\n","sortOrder":221},{"sectionNumber":"158","sectionType":"section","heading":"Audit of financial statements etc","content":"158 Audit of financial statements etc\n(1) A licensee must, as soon as practicable (but not later than 6 months)\nafter the end of each financial year of the licensee—\n(a) if the licensee’s gross revenue for all authorised premises for the\nyear is at least $200 000—\n(i) ensure that the licensee’s financial statements for the year\nare audited by a qualified accountant; and\n(ii) ensure that the audited financial statements identify the\nlicensee’s gross revenue for all authorised premises during\nthe year; and\n(b) if the licensee’s gross revenue for all authorised premises for the\nyear is less than $200 000—\n(i) prepare an income and expenditure statement for the year\nthat identifies the licensee’s gross revenue for all\nauthorised premises during the year; and\n(ii) certify that the statement is true; and\n(c) give the commission a copy of the audited financial statements\nor certified income and expenditure statement.\nNote Gross revenue—see the dictionary.\n\n(2) The audited financial statements or certified income and expenditure\nstatement must be accompanied by—\n(a) if the licensee is a club—a report stating the number of club\nmembers at the end of the relevant financial year and, if different\nclasses of members exist, the number of members in each class;\nand\nExamples—classes of member\nlife member, social member, voting member\n(b) any other details the commission requires in writing.\nqualified accountant means—\n(a) a member of the Institute of Chartered Accountants in Australia,\nthe Institute of Public Accountants or the Australian Society of\nCertified Practising Accountants; or\n(b) a person registered as a registered company auditor under the\nCorporations Act.\n","sortOrder":222},{"sectionNumber":"159","sectionType":"section","heading":"Gaming machine tax","content":"159 Gaming machine tax\n(1) Gaming machine tax is payable on the gross revenue in relation to the\noperation of gaming machines each tax period, whether or not the\noperation is lawful.\n(2) However, for a licensee that is a club, gaming machine tax is payable\nin relation to the gross revenue from the operation of gaming\nmachines at each authorised premises of the licensee.\n(3) The rate at which gaming machine tax is payable in relation to a tax\nperiod is worked out for each month within the tax period at the\nprescribed percentage for the month.\n\nprescribed percentage, for a month, means—\n(a) in relation to a licensee that is a club—\n(i) for the part of the gross revenue of each authorised\npremises of the licensee for the month that is $25 000 or\nless—nil; and\n(ii) for the part of the gross revenue of each authorised\npremises of the licensee for the month that is more than\n$25 000 but less than $50 000—17%; and\n(iii) for the part of the gross revenue of each authorised\npremises of the licensee for the month that is $50 000 or\nmore but less than $625 000—21%; and\n(iv) for the part of the gross revenue of each authorised\npremises of the licensee for the month that is $625 000 or\nmore—23%; or\n(b) in relation to a licensee that is a not a club—25.9%; or\n(c) in any other case—100%.\n","sortOrder":223},{"sectionNumber":"161","sectionType":"section","heading":"Payment of gaming machine tax","content":"161 Payment of gaming machine tax\n(1) Gaming machine tax in relation to the operation of a gaming machine\nmust be paid by—\n(a) in relation to a gaming machine operated lawfully—the licensee;\nor\n(b) in relation to a gaming machine operated unlawfully—\n(i) the person receiving the gross revenue; or\n(ii) the occupier of the premises where the gaming machine is\noperated.\n\n(2) If subsection (1) (b) applies, the person receiving the gross revenue\nfrom the operation of the relevant gaming machine and the occupier\nof the premises where the machine is operated are jointly and\nseverally liable to pay tax under subsection (1).\n(3) Gaming machine tax in relation to the operation of a gaming machine\nduring a tax period is payable on the 7th day after the end of the tax\n","sortOrder":224},{"sectionNumber":"161A","sectionType":"section","heading":"Payment of gaming machine tax or payment to","content":"161A Payment of gaming machine tax or payment to\ndiversification and sustainability support fund—quarterly\nelection\n(1) A licensee that is entitled to a GMT rebate may elect to pay the\ngaming machine tax or required amount to the diversification and\nsustainability support fund for each quarter of the financial year.\n(2) The election is made by giving the commission written notice of the\nelection.\n(3) An election begins on the first day of the next quarter after the\nelection is made and continues to apply until the licensee withdraws\nthe election in writing.\nrequired amount means the amount payable by the licensee under\nsection 163H.\n","sortOrder":225},{"sectionNumber":"162","sectionType":"section","heading":"Gaming machine tax returns","content":"162 Gaming machine tax returns\n(1) Within 7 days after the end of a tax period, a licensee must give the\ncommission a written return in relation to each authorised premises\nof the licensee.\n(2) The return must state the gross revenue from the operation of gaming\nmachines at the authorised premises of the licensee during the tax\n\n","sortOrder":226},{"sectionNumber":"162A","sectionType":"section","heading":"Gaming machine tax rebate—financial year","content":"162A Gaming machine tax rebate—financial year\n(1) A licensee is entitled to a rebate of gaming machine tax (a GMT\nrebate) for a financial year if the licensee is a small or medium club,\nor is part of a small or medium club group, for the year.\n(2) The amount of the GMT rebate for the licensee is 50% of the\nlicensee’s GMT liability for the financial year.\n(3) However, if the licensee’s gross revenue in relation to the operation\nof gaming machines under all authorisation certificates held by the\nlicensee is more than $4 000 000 for the financial year, the amount of\nthe GMT rebate for the licensee under subsection (2) is reduced by\n$0.50 for each dollar that the licensee’s gross revenue for the\nfinancial year exceeds $4 000 000.\nA licensee’s gross revenue for the 2020-2021 financial year is $4 350 000. The\namount of GMT rebate the licensee is entitled to under s (2) is $359 125. The\namount by which the rebate is reduced under s (3) is $175 000. Therefore, the\namount of GMT rebate for the licensee is $184 125.\n(4) The GMT rebate applies to reduce the amount of the licensee’s\ngaming machine tax liability for the financial year.\nGMT liability, for a licensee, means the licensee’s gaming machine\ntax liability worked out under section 159 on the licensee’s gross\nrevenue that is not more than $4 000 000 from the operation of\ngaming machines under all of the licensee’s authorisation certificates.\n","sortOrder":227},{"sectionNumber":"162B","sectionType":"section","heading":"Gaming machine tax rebate—part financial year","content":"162B Gaming machine tax rebate—part financial year\n(1) This section applies to a licensee if the licensee was part of a club\ngroup (other than a small or medium club group) for part of a\nfinancial year only.\n(2) The licensee is only entitled to a GMT rebate for the part of the\nfinancial year that the licensee was not part of the club group.\n\n(3) The amount of the GMT rebate for the licensee is 50% of the\nlicensee’s GMT liability for the part of the financial year (the entitled\npart of the year) for which the licensee is entitled to the rebate.\n(4) However, if the amount of GMT rebate the licensee is entitled to\nwould be reduced under section 162A (3) if the licensee were entitled\nto the rebate for the whole of the financial year, the amount of the\nrebate under this section is reduced in accordance with\nsection 162A (3), as if a reference to $4 000 000 for the financial year\nwere a reference to the adjusted amount for the entitled part of the\nyear.\n(5) The GMT rebate applies to reduce the amount of the licensee’s\ngaming machine tax liability worked out under section 159 for the\nentitled part of the year.\nadjusted amount, for a licensee, means $4 000 000, adjusted on a pro-\nrata basis for the part of the financial year the licensee was entitled to\nthe GMT rebate.\nExample—adjusted amount\nIf the licensee is entitled to the rebate for 6 months in a financial year, the amount\nis adjusted to $2 000 000.\nGMT liability, for a licensee, means the licensee’s gaming machine\ntax liability worked out under section 159 on the licensee’s gross\nrevenue that is not more than the adjusted amount from the operation\nof gaming machines under all of the licensee’s authorisation\ncertificates.\n","sortOrder":228},{"sectionNumber":"162C","sectionType":"section","heading":"Gaming machine tax rebate—claim","content":"162C Gaming machine tax rebate—claim\n(1) A licensee that expects to be a small or medium club or part of a small\nor medium club group for a financial year may claim a GMT rebate\nduring the year.\n\n(2) The claim must—\n(a) be in writing signed by the licensee; and\n(b) include particulars showing the licensee’s expected gross\nrevenue for the financial year.\n(3) If the commission is not satisfied on reasonable grounds that the\nlicensee is or will be a small or medium club, or is or will be part of\na small or medium club group, for the year, the commission must give\nthe licensee written notice that the licensee’s claim is not accepted.\n","sortOrder":229},{"sectionNumber":"162D","sectionType":"section","heading":"Annual adjustment of gaming machine tax—GMT rebate","content":"162D Annual adjustment of gaming machine tax—GMT rebate\n(1) At the end of each financial year for a licensee that is a club, the\ncommission must assess the licensee’s liability for gaming machine\ntax for the financial year, adjusted for—\n(a) any GMT rebate the licensee is entitled to for the financial year\nor part of the year; and\n(b) any amount of GMT rebate that the licensee has claimed during\nthe financial year.\n(2) The commission must give the licensee written notice of the\nassessment, setting out—\n(a) the amount of the licensee’s liability (including any\nadjustments); and\n(b) the day by which any unpaid gaming machine tax is payable.\nNote 1 For how documents may be given, see the Legislation Act, pt 19.5.\nNote 2 Under the Control Act, s 48 the provisions of the Taxation Administration\nAct 1999 (other than pt 9) apply, with modifications, to gaming laws\n(including this Act). For the provisions relating to refunds of tax, see the\nTaxation Administration Act 1999, pt 4. For the provisions relating to\npenalties that may be applied following a tax default, see the Taxation\nAdministration Act 1999, pt 5.\n\nGambling harm prevention and mitigation fund Division 11.2\n","sortOrder":230},{"sectionNumber":"163","sectionType":"section","heading":"Payment of gaming machine tax following transfer","content":"163 Payment of gaming machine tax following transfer\n(1) If a licence is transferred, the person (the transferor) from whom the\nlicence is transferred must pay the commission the prescribed amount\nwithin 1 week after the date of transfer.\nlicensed period means the period beginning on the 1st day of the\nmonth when the transfer happens and ending on the date of transfer.\nprescribed amount means the amount of gaming machine tax that\nwould be payable in relation to the licensed period if the transferor\ndid not transfer the licence.\n","sortOrder":231},{"sectionNumber":"Div 11","sectionType":"division","heading":"2 Gambling harm prevention and","content":"Division 11.2 Gambling harm prevention and\nmitigation fund\n","sortOrder":232},{"sectionNumber":"163A","sectionType":"section","heading":"Required payment to gambling harm prevention and","content":"163A Required payment to gambling harm prevention and\nmitigation fund\n(1) A licensee is liable to pay the required percentage of the licensee’s\ngross revenue for each authorised premises for each tax period to the\ngambling harm prevention and mitigation fund.\n(2) The required percentage is—\n(a) 0.75%; or\n(b) if the Minister determines a different percentage under\nsubsection (3)—that percentage.\n(3) The Minister may determine a percentage for subsection (2) (b).\n(4) A determination is a disallowable instrument.\n(5) The amount required to be paid for a tax period is payable on the\n7th day after the end of the tax period.\nNote A licensee must give the commission a return for each tax period in\nrelation to the gross revenue of the licensee’s authorised premises.\n\nDivision 11.2 Gambling harm prevention and mitigation fund\n(6) Subsection (5) is subject to section 163AA.\n163AA Gambling harm prevention and mitigation fund—annual\npayment option\n(1) Before 1 May each year, the commission must assess each licensee’s\nliability to pay the required percentage under section 163A (the\nlicensee’s liability) for the period beginning on 1 July in the previous\nyear and ending on 31 March in the year the assessment is made (the\nassessment period).\n(2) If the commission assesses that a licensee’s liability is an average of\nless than $300 for each month of the assessment period, the\ncommission may give the licensee written notice that the licensee is\neligible to pay the licensee’s liability in the following financial year\n(the next financial year) as an annual payment payable at the end of\nthe next financial year.\n(3) A licensee (a participating licensee) may elect, as an alternative to\nmaking monthly or quarterly payments under section 163A (5), to\nmake an annual payment to the gambling harm prevention and\nmitigation fund for the next financial year.\n(4) The election must be made by giving the commission written notice\nbefore the commencement of the next financial year.\n(5) If a participating licensee makes an election under subsection (3) for\na financial year, the licensee may not make a payment under\nsection 163A (5) for any month or quarter during that financial year.\n(6) At the end of each financial year, the commission must give each\nparticipating licensee written notice of a reconciliation of the\nlicensee’s liability for the financial year.\n(7) The participating licensee must pay the licensee’s liability for the\nfinancial year within 7 days after receiving notice of the\nreconciliation.\n\nGambling harm prevention and mitigation fund Division 11.2\n","sortOrder":233},{"sectionNumber":"163B","sectionType":"section","heading":"Gambling harm prevention and mitigation fund","content":"163B Gambling harm prevention and mitigation fund\n(1) The commission must open and maintain a banking account (the\ngambling harm prevention and mitigation fund).\nbanking account means an account with an authorised deposit-taking\ninstitution that is, or is substantially the same as, a bank account.\n","sortOrder":234},{"sectionNumber":"163C","sectionType":"section","heading":"Payment from gambling harm prevention and mitigation","content":"163C Payment from gambling harm prevention and mitigation\nfund—required payments and community purpose\ncontributions\n(1) This section applies to an amount paid into the gambling harm\nprevention and mitigation fund under—\n(a) section 163A (Required payment to gambling harm prevention\nand mitigation fund); or\n(b) part 12 as a community purpose contribution.\n(2) The commission may make a payment of the amount out of the fund\nonly for a purpose the commission is satisfied will assist in—\n(a) alleviating gambling harm; or\n(b) alleviating the disadvantages that arise from gambling harm; or\n(c) providing or ascertaining information about gambling harm.\n1 counselling for those experiencing gambling harm or their family\n2 education and awareness about harms caused by excessive gambling\n3 assisting those experiencing gambling harm to exclude themselves from\ngambling venues\n4 supporting the family of those experiencing gambling harm\n5 self-help information about gambling harm\n6 research about gambling harm\n\n","sortOrder":235},{"sectionNumber":"163D","sectionType":"section","heading":"Payment from gambling harm prevention and mitigation","content":"163D Payment from gambling harm prevention and mitigation\nfund—minimum community contributions\n(1) This section applies to an amount paid into the gambling harm\nprevention and mitigation fund under—\n(a) section 167 (2) (b) (Minimum community contribution—clubs);\nor\n(b) section 168 (1) (b) (Minimum community contribution—\nlicensees other than clubs).\n(2) The commission may make a payment of the amount out of the fund\nonly—\n(a) for a purpose set out in the guidelines under subsection (3); and\n(b) with the written approval of the Minister.\n(3) The Minister may make guidelines about gambling harm prevention\nand mitigation.\n(4) A guideline is a disallowable instrument.\nDivision 11.3 Diversification and sustainability\nSubdivision 11.3.1 Preliminary\n163E Definitions—div 11.3\nadvisory board means the board established under section 163K.\ndiversification and sustainability support fund—see section 163F.\n","sortOrder":236},{"sectionNumber":"163F","sectionType":"section","heading":"Diversification and sustainability support fund","content":"163F Diversification and sustainability support fund\n(1) The director-general must open and maintain a banking account (the\ndiversification and sustainability support fund).\n\n(2) The diversification and sustainability support fund is to provide\nfunding for the following purposes:\n(a) assisting clubs to diversify their income to sources other than\n(b) supporting the sustainability of clubs;\n(c) contributing to projects that help reduce regulatory costs or\nimprove efficiency in administration and compliance for clubs;\n(d) training and skills development for club workers, executives and\nmembers of club management committees and boards.\nbanking account means an account with an authorised deposit-taking\ninstitution that is, or is substantially the same as, a bank account.\n","sortOrder":237},{"sectionNumber":"163G","sectionType":"section","heading":"Reporting","content":"163G Reporting\n(1) Each report prepared by the director-general under the Annual\nReports (Government Agencies) Act 2004 for a reporting year must\ninclude the following information about the operation of the\ndiversification and sustainability support fund for the reporting year:\n(a) payments into, and out of, the fund during the year;\n(b) the name of each person (other than an individual) who made a\npayment into the fund or who received a payment out of the\nfund;\n(c) the purposes for which payments were made out of the fund.\nreporting year—see the Annual Reports (Government Agencies)\nAct 2004, dictionary.\n\n","sortOrder":238},{"sectionNumber":"Subdiv 11","sectionType":"subdivision","heading":"3.2 Payments to and from diversification and","content":"Subdivision 11.3.2 Payments to and from diversification and\n","sortOrder":239},{"sectionNumber":"163H","sectionType":"section","heading":"Payments to diversification and sustainability support","content":"163H Payments to diversification and sustainability support\nfund\n(1) For each tax period, a licensee that is a club is liable to pay the\nrequired amount to the commission for each of the licensee’s\n(2) The commission must pay the amounts received under subsection (1)\nto the diversification and sustainability support fund.\n(3) The required amount, for a tax period for an authorised premises of\nthe licensee, means the amount worked out under the following\nformula:\n((A × $20 ) + (B × $10)) × M\nA means the number of authorisations for gaming machines held\nunder an authorisation certificate for the authorised premises at the\nbeginning of the first day of the tax period.\nB means—\n(a) if A is 100 or more—the number of the authorisations that\nexceed 99; or\n(b) if A is less than 100—nil.\nM means the number of months in the tax period.\n(4) An amount required to be paid for a tax period is payable on the\n7th day after the end of the tax period.\n(4A) Despite subsection (3), the required amount for a tax period that ends\nwithin 2 years beginning on the day this subsection commences is $0.\n(4B) Subsection (4A) and this subsection expire 3 years after the day they\ncommence.\n\nauthorised premises, of a licensee for a tax period, means an\nauthorised premises of a licensee at the beginning of the first day of\nthe tax period.\n","sortOrder":240},{"sectionNumber":"163I","sectionType":"section","heading":"Payments out of diversification and sustainability","content":"163I Payments out of diversification and sustainability\n(1) A payment out of the diversification and sustainability support fund\nmay only be made in accordance with this section.\n(2) The director-general must make a payment out of the diversification\nand sustainability support fund if—\n(a) an application for the payment has been made in accordance\nwith any guidelines made under section 163J; and\n(b) the payment is for a purpose mentioned in section 163F (2); and\n(c) the Minister directs the director-general to make the payment\nafter the Minister has consulted with the advisory board in\nrelation to the payment.\n(3) Despite subsection (2), the director-general must not make a payment\nout of the diversification and sustainability support fund for any\napplication made within the 2-year period mentioned in\nsection 163H (4A).\n(4) Subsection (3) and this subsection expire 3 years after the day they\ncommence.\n\n","sortOrder":241},{"sectionNumber":"163J","sectionType":"section","heading":"Guidelines for applications for payments out of","content":"163J Guidelines for applications for payments out of\ndiversification and sustainability support fund\n(1) The Minister may make guidelines for applications from entities\nseeking payments out of the diversification and sustainability support\nfund.\n(2) The guidelines may include guidelines about the kinds of\napplications, or applicants, to be considered for payments out of the\nfund for a particular year or period.\n(3) A guideline is a notifiable instrument.\nSubdivision 11.3.3 Advisory board for diversification and\n","sortOrder":242},{"sectionNumber":"163K","sectionType":"section","heading":"Establishment of advisory board","content":"163K Establishment of advisory board\nThe advisory board for the diversification and sustainability support\nfund is established.\n","sortOrder":243},{"sectionNumber":"163L","sectionType":"section","heading":"Functions of advisory board","content":"163L Functions of advisory board\n(1) The main functions of the advisory board are to—\n(a) advise the Minister on matters concerning the diversification\nand sustainability support fund; and\n(b) make recommendations about payments to be made from the\nfund.\n(2) The advisory board also has any other function given to the board\nunder this Act.\n\n","sortOrder":244},{"sectionNumber":"163M","sectionType":"section","heading":"Membership of advisory board","content":"163M Membership of advisory board\n(1) The advisory board consists of up to 4 members, appointed by the\nMinister, who the Minister considers have qualifications or\nexperience in appropriate areas to assist the advisory board to\nexercise its functions.\nExamples—appropriate areas for qualifications or experience\n• business strategy or financial management\n• club operations\n• urban design, planning or property development\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 Certain Ministerial appointments require consultation with an Assembly\ncommittee and are disallowable (see Legislation Act, div 19.3.3).\n(2) A person must be appointed to the advisory board for not longer than\n2 years.\n(3) The Minister must appoint a chair of the advisory board from the\nmembers appointed under subsection (1).\n(4) The conditions of appointment of a member appointed under\nsubsection (1), or the chair appointed under subsection (3), are the\nconditions agreed between the Minister and the member or chair,\nsubject to any determination under the Remuneration Tribunal\nAct 1995.\n","sortOrder":245},{"sectionNumber":"163N","sectionType":"section","heading":"Advisory board—making and ending appointments","content":"163N Advisory board—making and ending appointments\n(1) The Minister must not appoint a person, or must end an appointment\nof a person, to the advisory board if—\n(a) the person, or the person’s domestic partner, is an influential\nperson for a licensee that is a club; or\n(b) the person is an employee, representative or board member of\nan industry association for clubs; or\n\n(c) the person has been convicted, or found guilty, of an offence\nagainst a gaming law; or\n(d) within the last 5 years, the person has been convicted, or found\nguilty, of—\n(i) an offence in Australia punishable by imprisonment for at\nleast 1 year; or\n(ii) an offence outside Australia that, if it had been committed\nin the ACT, would have been punishable by imprisonment\nfor at least 1 year; or\n(e) the Minister considers that the person is unlikely to be able to\nexercise the functions of a member of the board because of the\nperson’s business association, financial association or close\npersonal association with another person.\n(2) The Minister may end an appointment of a person to the advisory\nboard if the person—\n(a) contravenes a territory law; or\n(b) fails to take all reasonable steps to avoid being placed in a\nposition where a conflict of interest may arise during the\nexercise of the person’s functions as a member of the board; or\n(c) is bankrupt or personally insolvent; or\n(d) is absent from 3 consecutive meetings of the board, otherwise\nthan on approved leave; or\n(e) is affected by physical or mental incapacity that substantially\naffects the person’s ability to exercise the functions of a member\nof the board.\nassociation, of a person with another person, does not include the\nperson’s membership of a club unless the person is involved in\nmanaging or running the club.\n\n","sortOrder":246},{"sectionNumber":"163O","sectionType":"section","heading":"Agenda to require disclosure of interest item","content":"163O Agenda to require disclosure of interest item\n(1) The agenda for each meeting of the advisory board must include an\nitem requiring any material interest in an issue to be considered at the\nmeeting to be disclosed to the meeting.\nmaterial interest—see section 163P (4).\n","sortOrder":247},{"sectionNumber":"163P","sectionType":"section","heading":"Disclosure of interests by members of advisory board","content":"163P Disclosure of interests by members of advisory board\n(1) If a member of the advisory board has a material interest in an issue\nbeing considered, or about to be considered, by the board, the member\nmust disclose the nature of the interest at a board meeting as soon as\npracticable after the relevant facts come to the member’s knowledge.\n(2) The disclosure must be recorded in the board’s minutes and, unless\nthe board otherwise decides, the member must not—\n(a) be present when the board considers the issue; or\n(b) take part in a decision of the board on the issue.\nAlbert, Boris and Chloe are members of the board. They have an interest in an issue\nbeing considered at a board meeting and they disclose the interest as soon as they\nbecome aware of it. Albert’s and Boris’s interests are minor but Chloe has a direct\nfinancial interest in the issue.\nThe board considers the disclosures and decides that because of the nature of the\ninterests—\n(a) Albert may be present when the board considers the issue but not take\npart in the decision; and\n(b) Boris may be present for the consideration and take part in the decision.\nThe board does not make a decision allowing Chloe to be present or take part in the\nboard’s decision. Accordingly, since Chloe has a material interest she cannot be\npresent for the consideration of the issue or take part in the decision.\n(3) Any other board member who also has a material interest in the issue\nmust not be present when the board is considering its decision under\nsubsection (2).\n\nassociate, of a person, means—\n(a) the person’s business partner; or\n(b) a close friend of the person; or\n(c) a family member of the person.\nindirect interest—without limiting the kinds of indirect interests a\nperson may have, a person has an indirect interest in an issue if any\nof the following has an interest in the issue:\n(a) an associate of the person;\n(b) a corporation, if the corporation has not more than 100 members\nand the person, or an associate of the person, is a member of the\n(c) a subsidiary of a corporation mentioned in paragraph (b);\n(d) a corporation if the person, or an associate of the person, is an\nexecutive officer of the corporation;\n(e) the trustee of a trust if the person, or an associate of the person,\nis a beneficiary of the trust;\n(f) a member of a firm or partnership if the person, or an associate\nof the person, is a member of the firm or partnership;\n(g) someone else carrying on a business if the person, or an\nassociate of the person, has a direct or indirect right to\nparticipate in the profits of the business.\nmaterial interest—a board member has a material interest in an issue\nif the member has a direct or indirect—\n(a) financial interest in the issue; or\n(b) interest of any other kind if the interest could conflict with the\nproper exercise of the member’s functions in relation to the\nboard’s consideration of the issue.\n\n","sortOrder":248},{"sectionNumber":"163Q","sectionType":"section","heading":"Proceedings of advisory board","content":"163Q Proceedings of advisory board\n(1) The Minister may make guidelines for the proceedings of the\nadvisory board, including meeting and voting requirements of the\nboard.\n(2) Unless any guidelines made by the Minister under subsection (1)\nprovide otherwise, the advisory board may conduct its proceedings as\nit considers appropriate.\n(3) A guideline is a notifiable instrument.\n","sortOrder":249},{"sectionNumber":"163R","sectionType":"section","heading":"Protection of members of advisory board from liability","content":"163R Protection of members of advisory board from liability\n(1) A member of the advisory board is not civilly liable for anything done\nor omitted to be done honestly and without recklessness—\n(a) in the exercise of a function under a territory law; or\n(b) in the reasonable belief that the act or omission was in the\nexercise of a function under a territory law.\n(2) Any liability that would, apart from this section, attach to a member\nof the board attaches instead to the Territory.\n\n","sortOrder":250},{"sectionNumber":"164","sectionType":"section","heading":"Definitions—pt 12","content":"164 Definitions—pt 12\nChief Minister’s Charitable Fund means the Chief Minister’s\nCharitable Fund Ltd ACN 627 111 700.\ncommunity—see section 165.\ncommunity purpose—see section 166.\ncommunity purpose contribution—see section 166.\ncontribution means any money, benefit, valuable consideration or\nsecurity.\ncontribution information, for a community purpose contribution—\nsee section 171.\nminimum community contribution, for a licensee for a\nfinancial year, means the amount applying to the licensee under\nsection 167 or section 168.\nrecipient, of a community purpose contribution—\n(a) means the entity to which the contribution is made; and\n(b) if a group within the entity receives a discrete portion of the\ncontribution—includes the group; and\n(c) if an office or individual who is a member of the entity receives\na discrete portion of the contribution—includes the office or\nindividual.\nreporting year, for a licensee, means the period for which the licensee\nprepares a financial statement or income and expenditure statement\nunder section 158 (Audit of financial statements etc).\ntax period—see section 157A.\n\n","sortOrder":251},{"sectionNumber":"165","sectionType":"section","heading":"Meaning of community etc—pt 12","content":"165 Meaning of community etc—pt 12\ncommunity—\n(a) means the people living in—\n(i) the ACT or surrounding region; or\n(ii) if the Minister declares an area—the declared area; and\n(b) includes people living somewhere else in Australia who need\nrelief or assistance because of a natural disaster.\n(2) The community is comprised of individuals and groups—\n(a) from diverse cultural, language and religious backgrounds; and\n(b) of different gender identity; and\n(c) of different sexual orientation; and\n(d) with disability; and\n(e) of all ages, including children and young people; and\n(f) in different social, economic and cultural circumstances.\n(3) A declaration is a notifiable instrument.\ngroups includes community groups, associations and not-for-profit\norganisations.\n\n","sortOrder":252},{"sectionNumber":"166","sectionType":"section","heading":"Meaning of community purpose etc—pt 12","content":"166 Meaning of community purpose etc—pt 12\ncommunity purpose means—\n(a) assisting the community, or a part of the community, in 1 or\nmore of the following ways:\n(i) supporting a charitable cause;\n(ii) providing recreation opportunities;\n(iii) providing education opportunities;\n(iv) improving social inclusion, equality or cultural diversity;\n(v) benefitting or increasing participation in community sport;\n(vi) preventing or mitigating harm caused by drug or alcohol\nmisuse or dependence; or\n(b) benefitting or increasing participation in women’s sport\nconducted in the ACT, or with participants mainly based in the\nACT; or\n(c) providing relief or assistance to people living in Australia\nfollowing a natural disaster; or\n(d) providing relief or assistance to the community by allowing\naccess to a club for refuge while a club refuge declaration is in\nforce for the club; or\n(e) a purpose prescribed by regulation.\ncommunity purpose contribution—\n(a) means a contribution made by a licensee that is a club—\n(i) to a stated recipient for a community purpose; or\n(ii) to the gambling harm prevention and mitigation fund\n(other than by a payment required under\nsection 167 (2) (b)); or\n\n(iii) to the commission and transferred to the Chief Minister’s\nCharitable Fund (other than by a payment required under\nsection 167 (2) (a)); and\n(b) includes a contribution prescribed by regulation to be a\ncommunity purpose contribution.\n(2) However, a community purpose contribution does not include any\nof the following:\n(a) expenditure in relation to gambling (for example, the purchase\nof gaming machines);\n(b) payment, by the licensee or the recipient, of a tax, fee, charge or\nlevy, other than for water consumption;\n(c) expenditure on the licensee’s business activities prescribed by\nregulation;\n(d) expenditure on the recipient’s ordinary expenses prescribed by\nregulation;\n(e) capital payments or depreciation by the licensee or recipient\nprescribed by regulation;\n(f) if a contribution is made on a condition—the value to the\nlicensee of the condition being fulfilled;\n(g) if a contribution is an asset—the value of any income earned\nfrom the asset (for example, entry or hiring fees);\n(h) a contribution made to another licensee under a reciprocal\narrangement;\n(i) the cost of the licensee or recipient borrowing funds to acquire\nan asset;\n(j) any other contribution prescribed by regulation not to be a\ncommunity purpose contribution.\n\n(3) A regulation may prescribe matters in relation to a community\npurpose or a community purpose contribution, including matters that\nare included or not included in a community purpose or a community\npurpose contribution.\n","sortOrder":253},{"sectionNumber":"166B","sectionType":"section","heading":"Club refuge declaration","content":"166B Club refuge declaration\n(1) The Minister may, if the Minister considers it is necessary or desirable\nfor a club to be used as a refuge in relation to an emergency or other\nhazard, declare the club to be a refuge (a club refuge declaration).\n(2) In making a club refuge declaration, the Minister must take into\naccount any advice of the emergency services commissioner.\n(3) A club refuge declaration—\n(a) has effect for the period stated in the declaration; and\n(b) may be subject to any conditions declared by the Minister.\n(4) A club refuge declaration is a disallowable instrument.\nemergency—see the Emergencies Act 2004, dictionary.\nhazard—see the Emergencies Act 2004, dictionary.\n","sortOrder":254},{"sectionNumber":"167","sectionType":"section","heading":"Minimum community contribution—clubs","content":"167 Minimum community contribution—clubs\n(1) This section applies to a licensee that is a club.\n(2) The minimum community contribution that the licensee must make,\nas a percentage of the licensee’s net revenue is—\n(a) 0.4% of the licensee’s net revenue for each authorised premises\nfor a tax period, paid to the commission and transferred to the\nChief Minister’s Charitable Fund; and\n(b) 0.4% of the licensee’s net revenue for each authorised premises\nfor a tax period, paid to the gambling harm prevention and\nmitigation fund; and\n\n(c) 8% of the licensee’s net revenue for all authorised premises for\na reporting year for the licensee, made as a community purpose\ncontribution.\n(3) For a community purpose contribution of a licensee, other than a\nlicensee that is a small or medium club or a club in a small or medium\nclub group, at least 6% of the licensee’s net revenue must be a\ncontribution of money.\n(4) However, part of the amount mentioned in subsection (3) may be a\ncontribution in kind rather than of money if the contribution—\n(a) is made under a written arrangement or agreement that has a\nstated term prescribed by regulation; and\n(b) meets any other requirements prescribed by regulation.\n(5) The Minister may, on application by the licensee, determine a lower\nminimum community contribution for the licensee if satisfied that\nmaking the minimum community contribution would seriously affect\nthe viability of the licensee’s authorised premises.\n(6) A determination under subsection (5) is a disallowable instrument.\n(7) A regulation may prescribe matters in relation to a contribution under\nthis section including—\n(a) how the value of a community purpose contribution for this\nsection is worked out; and\n(b) when a community purpose contribution is made.\n(8) In this section:\nsmall or medium club, for a financial year—see section 157A.\nsmall or medium club group, for a financial year—see section 157A.\n\n","sortOrder":255},{"sectionNumber":"168","sectionType":"section","heading":"Minimum community contribution—licensees other than","content":"168 Minimum community contribution—licensees other than\n(1) The minimum community contribution that a licensee that is not a\nclub must make in a financial year, as a percentage of the licensee’s\ncommunity contribution revenue, for a tax period is—\n(a) 0.4% paid to the commission and transferred to the Chief\nMinister’s Charitable Fund; and\n(b) 0.4% paid to the gambling harm prevention and mitigation fund.\ncommunity contribution revenue, for a licensee, means a licensee’s\ngross revenue less the licensee’s gaming machine tax.\n","sortOrder":256},{"sectionNumber":"169","sectionType":"section","heading":"Payment of community contributions for a tax period","content":"169 Payment of community contributions for a tax period\n(1) This section applies to a minimum community contribution paid by a\nlicensee for a tax period under section 167 (2) (a) or (b) or\nsection 168.\n(2) The minimum community contribution required to be paid for the tax\nperiod must be paid by the 7th day after the end of the tax period.\n","sortOrder":257},{"sectionNumber":"170","sectionType":"section","heading":"Licensee must engage with community—clubs","content":"170 Licensee must engage with community—clubs\n(1) A licensee that is a club must engage with the community by—\n(a) making the community aware that the licensee must make\ncommunity purpose contributions; and\n(b) considering community needs in relation to making community\npurpose contributions.\n(2) A regulation may prescribe requirements for the engagement of clubs\nwith the community in relation to community purpose contributions.\n\n","sortOrder":258},{"sectionNumber":"171","sectionType":"section","heading":"Community purpose contributions—record keeping by","content":"171 Community purpose contributions—record keeping by\n(1) A licensee that is a club commits an offence if the licensee—\n(a) makes a community purpose contribution; and\n(b) does not keep a written record of the following information\n(the contribution information) for the contribution:\n(i) the name of the recipient;\n(ii) the community purpose for which the contribution was\nmade;\n(iii) the way in which the contribution is intended to be used by\nthe recipient;\n(iv) the nature of the benefit the recipient will receive by using\nthe contribution in the way recorded for subparagraph (iii);\n(v) for a contribution of money—\n(A) the amount of the contribution; and\n(B) when the contribution was paid;\n(vi) for a contribution of any other kind—\n(A) the kind of contribution; and\n(B) the value of the contribution; and\n(C) when the contribution was made;\n\n(vii) the authorised premises in relation to which the licensee\nmade the contribution.\nExamples—par (b) (ii) and (iii)\n1 A contribution of money was used by a community culture group to hold a\nfundraising market stall. The group used the profit from their market stall to\nbuy traditional dance costumes.\n2 A contribution of money was used by a community sports club to book a\ntraining venue and buy uniforms.\n3 A contribution of room hire was used by a women’s sports team to hold an\nend of year awards night.\n172 Community purpose contributions—reporting by clubs\n(1) The annual report of a licensee that is a club must include—\n(a) the gross revenue of the licensee for all authorised premises for\nthe reporting year; and\n(b) the net revenue of the licensee for all authorised premises for the\nreporting year; and\n(c) the total value of community purpose contributions made by the\nlicensee during the reporting year; and\n(d) the percentage of the licensee’s net revenue for all authorised\npremises for the reporting year that was paid as a community\npurpose contribution; and\n(e) the contribution information (other than the name of an\nindividual who is a recipient) for each community purpose\ncontribution made by the licensee during the reporting year; and\n(f) an account of how the licensee engaged with the community\nunder section 170; and\n\n(g) an account of—\n(i) how the licensee monitors the way in which the community\npurpose contributions were used; and\n(ii) the steps, if any, the licensee takes to prevent the misuse of\ncommunity purpose contributions.\nNote The annual report of a licensee that is a club must be published on the\nclub’s website (see s 54).\n(2) For subsection (1) (d), the annual report must set out the percentage\nof the licensee’s net revenue for all authorised premises for the\nreporting year that was made for each of the following:\n(a) supporting a charitable cause;\n(b) providing recreation opportunities;\n(c) providing education opportunities;\n(d) improving social inclusion, equality or cultural diversity;\n(e) benefitting or increasing participation in community sport;\n(f) preventing or mitigating harm caused by drug or alcohol misuse\nor dependence;\n(g) benefitting or increasing participation in women’s sport\nconducted in the ACT, or with participants mainly based in the\nACT;\n(h) providing relief or assistance to people living in Australia\nfollowing a natural disaster;\n(i) a purpose prescribed by regulation for section 166 (1), definition\nof community purpose, paragraph (e).\n\n(3) However, if a licensee is a club with gross revenue for all authorised\npremises for a reporting year of less than $200 000, and does not\nprepare an annual report, the information mentioned in subsection (1)\nmust be—\n(a) set out in a written statement; and\n(b) annexed to the licensee’s certified income and expenditure\nstatement that is given to the commission under section 158\n(Audit of financial statements etc).\n","sortOrder":259},{"sectionNumber":"172A","sectionType":"section","heading":"Community contributions—commission must publish","content":"172A Community contributions—commission must publish\nsummary\n(1) The commission must publish on the commission’s website details of\nthe following in relation to each licensee:\n(a) the minimum community contribution received from each\nlicensee under section 167 (2) (a) or (b) or section 168 (1) (a)\nor (b);\n(b) for a licensee that is a club—\n(i) the amount of any community purpose contribution\nmentioned in section 166 (1), definition of community\npurpose contribution, paragraph (a) (ii) and (iii); and\n(ii) the percentage of the licensee’s net revenue for all\nauthorised premises for the reporting year that was made\nfor each of the matters mentioned in section 172 (2); and\n(iii) either—\n(A) an annual report received under section 54 (2) (a); or\n(B) a written statement annexed to the licensee’s certified\nincome and expenditure statement under\nsection 172 (3) and given to the commission under\nsection 158.\n\n(2) The commission may ask a licensee to give the commission, within a\nstated reasonable time, information that the commission reasonably\nneeds to prepare the summary under subsection (1).\n","sortOrder":260},{"sectionNumber":"172B","sectionType":"section","heading":"Community contribution shortfall tax","content":"172B Community contribution shortfall tax\n(1) Tax (the community contribution shortfall tax) is imposed on a\ncommunity contribution shortfall of a licensee that is a club at the rate\nof 150% for a reporting year.\n(2) The licensee must pay the community contribution shortfall tax.\n(3) Community contribution shortfall tax is payable 30 days after the day\nthe licensee receives an assessment under the Control Act, part 6 (Tax\nadministration).\n(4) If an amount of community contribution shortfall tax is paid, the\ncommission must transfer the amount to the gambling harm\nprevention and mitigation fund or, if another fund is prescribed by\nregulation, that fund.\ncommunity contribution shortfall, for a licensee that is a club in\nrelation to a reporting year, means the amount (if any) by which the\nlicensee’s contribution towards its minimum community contribution\nfalls short.\n\nPart 13 Notification and review of decisions\nPart 13 Notification and review of\ndecisions\n173 Meaning of reviewable decision—pt 13\nreviewable decision means a decision mentioned in schedule 1,\ncolumn 3 under a provision of this Act mentioned in column 2 in\nrelation to the decision.\n","sortOrder":261},{"sectionNumber":"173A","sectionType":"section","heading":"Reviewable decision notices","content":"173A Reviewable decision notices\nIf the commission makes a reviewable decision, the commission must\ngive a reviewable decision notice to each entity mentioned in\nschedule 1, column 4 in relation to the decision.\nNote The commission must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":262},{"sectionNumber":"173B","sectionType":"section","heading":"Applications for review","content":"173B Applications for review\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) an entity mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\n","sortOrder":263},{"sectionNumber":"173C","sectionType":"section","heading":"Meaning of notifiable action","content":"173C Meaning of notifiable action\nnotifiable action means an action mentioned in schedule 2, column 3\nunder a provision of this Act mentioned in column 2 in relation to the\naction.\n","sortOrder":264},{"sectionNumber":"173D","sectionType":"section","heading":"Notifiable actions","content":"173D Notifiable actions\n(1) This section applies if a licensee notifies the commission about a\nnotifiable action.\n(2) The notification must—\n(b) be given to the commission at least the prescribed number of\ndays before the day the licensee undertakes the notifiable action;\nand\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n(c) include anything else required by regulation.\nNote 2 It is a condition of a licence that the licensee give the commission written\nnotice of the details of a gaming machine installed on authorised premises\nwithin 3 days after the day the gaming machine is installed or the\ncommission gives the licensee a notice under s 124 (see s 45).\nIt is also a condition of a licence that the licensee not allow the gaming\nmachine to be operated on the authorised premises until the notice under\ns 45 has been given to the commission (see s 46).\n\n(3) On receiving a notification, the commission may, by notice, ask the\nfollowing people for additional information about the notifiable\naction:\n(a) the person giving the notification;\n(b) if the notifiable action relates to the trading of a gaming machine\nunder division 6A.6 (Trading of authorisations and gaming\nmachines)—\n(i) the disposing licensee; and\n(ii) the acquiring licensee.\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n(4) If the commission gives a notice under subsection (3), the notice must\nstate a reasonable time within which the information must be given.\nNote A failure to comply with this section is a ground for disciplinary action\n(5) In this Act:\nprescribed number of days means—\n(a) 10 business days; or\n(b) if a regulation prescribes a different number of days—that\nnumber of days.\n","sortOrder":265},{"sectionNumber":"173E","sectionType":"section","heading":"Notifiable actions—date of effect","content":"173E Notifiable actions—date of effect\nA notifiable action takes effect—\nreceives a notification about the notifiable action; or\nNote Prescribed number of days—see s 173D (5).\n(b) if the commission allows the notifiable action to take place on\nan earlier day—that day; or\n\n(c) if the commission gives a notice under section 173D (3)\nrequesting additional information in relation to the\nnotification—when the commission has notified the licensee\nthat it is satisfied in relation to the additional information.\nNote For working out periods of time generally, see the Legislation Act, s 151.\n","sortOrder":266},{"sectionNumber":"173F","sectionType":"section","heading":"Notifiable actions—amendment or cancellation","content":"173F Notifiable actions—amendment or cancellation\n(1) This section applies if a licensee—\n(a) gives the commission a notification about a notifiable action;\nand\n(b) wants to amend or cancel the notification.\n(2) The licensee must give the commission written notice of the\namendment or cancellation before the notifiable action takes effect.\nNote 2 For how documents may be given, see the Legislation Act, pt 19.5.\n(3) An amendment takes effect 10 business days after the day the\ncommission receives written notice of the amendment.\n(4) A cancellation takes effect when the commission receives written\nnotice of the cancellation.\n","sortOrder":267},{"sectionNumber":"173G","sectionType":"section","heading":"Notifiable actions under s 37F","content":"173G Notifiable actions under s 37F\n(1) This section applies to a notifiable action under section 37F\n(Surrender of licences, authorisation certificates and authorisations).\n(2) The notification for the notifiable action must also include the\nfollowing information in relation to a gaming machine to be stored\nunder a storage permit:\n(a) the place where the gaming machine is to be stored;\n\n(b) the gaming machine’s serial number.\nNote For the issue of a storage permit, see s 127P.\n(3) On the date the notifiable action takes effect under section 173E\n(Notifiable actions—date of effect), the licensee must—\n(c) give the commission the details of the meter readings.\n","sortOrder":268},{"sectionNumber":"173H","sectionType":"section","heading":"Notifiable actions under div 6A.6—disposal of gaming","content":"173H Notifiable actions under div 6A.6—disposal of gaming\n(1) This section applies to a notifiable action that includes the disposal of\na gaming machine under division 6A.6 (Trading of authorisations and\ngaming machines).\n(2) The notification for the notifiable action must also include the\nfollowing information:\n(a) the name of the licensee disposing of the gaming machine (the\ndisposing licensee);\n(b) the date and licence number of the disposing licensee’s licence;\n(c) the authorisation number of the disposing licensee’s\nauthorisation for the gaming machine;\n(d) the date the disposal is intended to happen;\n(e) the following details of the gaming machine:\n(i) the class of gaming machine;\n(ii) the serial number;\n(iii) the game installed on the gaming machine;\n\n(f) if a class B gaming machine is to be disposed of by sale to\nanother person—\n(i) information identifying the person who is to acquire the\n(ii) if the gaming machine is to be sold or operated in a local\njurisdiction—evidence that the person who is to acquire the\ngaming machine is authorised to have the gaming machine\nunder a law of the local jurisdiction;\n(g) if a class B gaming machine is to be disposed of by returning it\nto an approved supplier—information identifying the supplier;\n(h) if a gaming machine is to be disposed of by destroying it—\n(i) information about how the gaming machine is to be\n(ii) information identifying who is to destroy the gaming\n(iii) the date and time the gaming machine is proposed to be\n(iv) information identifying who will represent the disposing\nlicensee at the gaming machine’s destruction.\n(3) If the disposal of the gaming machine does not happen on the date\nmentioned in subsection (2) (d), the notifiable action is taken to have\noccurred on a date agreed between the commission and the disposing\nlicensee.\n(4) On the date the notifiable action takes effect under section 173E\n(Notifiable actions—date of effect), the disposing licensee must—\n(c) give the commission the details of the meter readings.\n\n","sortOrder":269},{"sectionNumber":"173I","sectionType":"section","heading":"Notifiable actions under div 6A.6—trading of class B","content":"173I Notifiable actions under div 6A.6—trading of class B\n(1) This section applies if a class B licensee gives the commission notice\nof a notifiable action that includes the disposal of a class B\nauthorisation to a class C licensee under division 6A.6 (Trading of\nauthorisations and gaming machines).\n(2) On receiving notice of the notifiable action, the commission must—\n(a) if the class B authorisations are acquired by a class C licensee—\namend the class C licensee’s authorisation schedule to include\nthe details of the acquired authorisations; and\n(b) either—\n(i) if all class B authorisations under the class B licensee’s\nauthorisation certificate are disposed of—cancel the\nlicence and authorisation certificate; or\n(ii) in any other case—amend the authorisation schedule to\nremove the authorisations.\nNote For the acquisition of class B authorisations as part of the purchase of a\ndisposing licensee’s business, see div 2B.4.\n\nMiscellaneous Part 14\n","sortOrder":270},{"sectionNumber":"174","sectionType":"section","heading":"Acts and omissions of representatives","content":"174 Acts and omissions of representatives\n(1) In this section:\nperson means an individual.\nNote See the Criminal Code, pt 2.5 for provisions about corporate criminal\nresponsibility.\nrepresentative, of a person, means an employee or agent of the\nperson.\nstate of mind, of a person, includes—\n(a) the person’s knowledge, intention, opinion, belief or purpose;\nand\n(b) the person’s reasons for the intention, opinion, belief or purpose.\n(2) This section applies to a prosecution for any offence against this Act.\n(3) If it is relevant to prove a person’s state of mind about an act or\nomission, it is enough to show—\n(a) the act was done or omission made by a representative of the\nperson within the scope of the representative’s actual or\napparent authority; and\n(b) the representative had the state of mind.\n(4) An act done or omitted to be done on behalf of a person by a\nrepresentative of the person within the scope of the representative’s\nactual or apparent authority is also taken to have been done or omitted\nto be done by the person.\n(5) However, subsection (4) does not apply if the person establishes that\nreasonable precautions were taken and appropriate diligence was\nexercised to avoid the act or omission.\n\n(6) A person who is convicted of an offence cannot be punished by\nimprisonment for the offence if the person would not have been\nconvicted of the offence without subsection (3) or (4).\n","sortOrder":271},{"sectionNumber":"174A","sectionType":"section","heading":"Licences and authorisations etc are not personal","content":"174A Licences and authorisations etc are not personal\nproperty—PPS Act\n(1) For the PPS Act, section 10, definition of personal property,\nparagraph (b), a licence, authorisation certificate or authorisation is\nnot personal property.\nPPS Act means the Personal Property Securities Act 2009 (Cwlth).\n","sortOrder":272},{"sectionNumber":"175","sectionType":"section","heading":"Canberra Airport","content":"175 Canberra Airport\n(1) A licence must not be issued in relation to premises at Canberra\nAirport.\n(2) An authorisation certificate must not be given for the operation of a\ngaming machine at the Canberra Airport.\nCanberra Airport means block 3, sections 17 and 28, division of\nPialligo in the district of Majura, and blocks 587, 594, 595, 614 and\n660 in that district.\n","sortOrder":273},{"sectionNumber":"176","sectionType":"section","heading":"Evidentiary certificates","content":"176 Evidentiary certificates\nIn a prosecution for an offence against this Act, a certificate issued by\nthe commission stating that the person named in the certificate was or\nwas not the holder of a licence or authorisation certificate on the date,\nor during the period, stated in the certificate is evidence of the matters\nso stated.\n\nMiscellaneous Part 14\n","sortOrder":274},{"sectionNumber":"177","sectionType":"section","heading":"Determination of fees","content":"177 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n","sortOrder":275},{"sectionNumber":"178","sectionType":"section","heading":"Regulation-making power","content":"178 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may make provision in relation to the following:\n(a) the operation (including the restriction of the operation) of\nperipheral equipment for gaming machines;\n(b) the minimum payout for gaming machines;\n(c) the operation (including the restriction of the operation) of a\ncash facility at authorised premises.\n(3) A regulation may create offences for contraventions of the regulations\nand fix maximum penalties of not more than 30 penalty units for the\noffences.\n","sortOrder":276},{"sectionNumber":"179","sectionType":"section","heading":"Review of trading scheme","content":"179 Review of trading scheme\n(1) Before 31 December 2026, the Minister must—\n(a) review the operation of division 6A.6 (Trading of authorisations\nand gaming machines); and\n(b) present a report of the review to the Legislative Assembly.\n(2) This section expires on 31 December 2027.\n\n(see pt 13)\nitem\n1 9 (2) refuse to consider application not\nproperly completed\napplicant\n2 9 (4) refuse to consider application if\nadditional information not given\nwithin stated time\napplicant\n3 18 refuse to issue licence applicant for licence\n4 23 (5) issue authorisation certificate for\nmaximum number of\nauthorisations for gaming\nmachines different from that\napplied for\n5 24 refuse to issue authorisation\n6 29 (3) refuse to issue class B licence applicant for licence\n7 29 (3) refuse to issue authorisation\ncertificate for class B licensee\n8 32 (2) (b) refuse to amend licence to allow\nminor licence amendment\n9 35 (2) (b) refuse to amend authorisation\ncertificate to allow licensee to\nchange part of a gaming area\n10 36 (2) (b) refuse to amend authorisation\ncertificate to allow relocation of\ngaming machine operations to\nnew premises\n\nReviewable decisions Schedule 1\nitem\n11 36 (6) amend authorisation certificate\nto allow lower maximum number\nof authorisations for gaming\nmachines than the number\napplied for—premises in another\nsuburb\n12 36 (8) amend authorisation certificate\nto allow lower maximum number\nof authorisations for gaming\nmachines than the number\napplied for—premises in same\nsuburb\n13 37 (2) (b) refuse to amend authorisation\ncertificate to increase maximum\nnumber of authorisations for\nclass C gaming machines under\nthe certificate\n14 40 give licensee direction licensee directed\n15 62 take disciplinary action licensee\n16 62A (2) give licensee direction licensee directed\n17 72 refuse to approve supplier applicant for approval\n18 73A (3) (a) cancel supplier’s approval approved supplier\n19 73A (3) (b) suspend supplier’s approval approved supplier\n20 73A (3) (c) reprimand supplier approved supplier\n21 75 refuse to approve technician applicant for approval\n22 78 refuse to approve transfer of\ntechnician’s approval\napplicant for transfer\n23 79 (3) (a) cancel technician’s approval approved technician\n24 79 (3) (b) suspend technician’s approval approved technician\n25 79 (3) (c) reprimand technician approved technician\n\nitem\n26 84 refuse to renew approved\ntechnician’s approval\napplicant for renewal\n27 108 refuse to approve repossession of\ngaming machine\n28 109 (2) approve repossession of gaming\nmachine subject to condition\n29 113C (1) give licensee direction about\nmanner of disposal of gaming\nlicensee directed\n30 127P (2) refuse to issue storage permit licensee\n31 127W (2) (b) refuse to extend storage permit licensee\n32 127ZE (1) require licensee to allow\nauthorised officer to inspect\nstored gaming machine and\nstorage premises\n33 134 refuse to approve linked-jackpot\narrangement\n34 135 refuse to issue multi-user permit applicant for permit\n35 135 issue multi-user permit subject to\ncondition, other than condition\nimposed by Act\napplicant for permit\n36 138 amend multi-user permit entity that has permit\namended\n37 139 refuse to amend multi-user\npermit\napplicant for amendment\n38 140 refuse to approve amendment of\nfinancial and operational aspects\nof linked-jackpot arrangement\napplicant for amendment\n39 141 refuse to transfer multi-user\npermit\napplicant for transfer\n40 147 refuse to approve entity applicant for approval\n\nReviewable decisions Schedule 1\nitem\n41 147C (2) (a) suspend declaration of associated\norganisation\nentity given warning notice\n42 147C (2) (b) repeal declaration of associated\norganisation\nentity given warning notice\n43 148B (2) give direction to amend club’s\nconstitution\nclub given direction\n44 153 (2) give direction about separate\nparts of authorised premises\nlicensee given direction\n45 157C (2) refuse to determine that licensee\nnot part of club group\nlicensee who seeks\ndetermination\n46 157C (4) revoke determination that\nlicensee is not part of club group\nlicensee who has\ndetermination revoked\n47 162C (3) claim for GMT rebate not\naccepted\nlicensee who claims GMT\nrebate\n\n","sortOrder":277},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Notifiable actions","content":"Schedule 2 Notifiable actions\nSchedule 2 Notifiable actions\n(see s 173C)\nitem\nnotifiable action\n1 37B amendment of authorisation certificate to include\nreference to a technical change to a gaming\n2 37E transfer of authorisation certificate to another\n3 37F surrender of licence, authorisation certificate or\nauthorisation\n4 99 acquisition of authorisation or gaming machine\n5 113A disposal of gaming machine\n6 127C (2) disposal of class B authorisation to class C\n7 127X proposed disposal or proposed removal of gaming\nmachine in storage\n8 127ZB (2) trading of authorisation in storage\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nNote 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• ACT\n• adult\n• appoint\n• authorised deposit-taking institution\n• business day\n• Chief Minister\n• child\n• contravene\n• Corporations Act\n• Criminal Code\n• daily newspaper\n• disallowable instrument (see s 9)\n• entity\n• Executive\n• fail\n• financial year\n• found guilty\n• gambling and racing commission\n• individual\n• law, of the Territory\n• Legislation Act\n• Legislative Assembly\n• may (see s 146)\n• Minister (see s 162)\n• must (see s 146)\n• penalty unit (see s 133)\n\n• prescribed\n• public notice\n• regulation\n• reviewable decision notice\n• State\n• territory land\n• the Territory\n• Treasurer\n• under.\nacquire a gaming machine, means take possession of the gaming\nmachine for the purpose of using it for gaming.\nadvisory board, for division 11.3 (Diversification and sustainability\nsupport fund)—see section 163E.\napproval, for division 6A.2 (Repossession of gaming machines)—see\nsection 105A.\napproval certificate, for an approved technician—see\nsection 80 (2) (a).\napproved supplier—see section 72 (Application and approval of\ncorporation as supplier).\napproved technician means an individual approved under section 75\nor section 76 as a technician.\nassessment, of surrender obligations, for division 2A.3 (Compulsory\nsurrender)—see section 10I (1).\nassociated organisation, for a club, means an entity declared to be an\nassociated organisation under section 147 (1).\nassociated organisation declaration, for part 9 (Club\nadministration)—see section 144A.\nassociation number, for a licensee that is an associated incorporation,\nmeans the association number on the licensee’s certificate of\nincorporation under the Associations Incorporation Act 1991.\n\nauthorisation means an authorisation under an authorisation\ncertificate to operate a gaming machine at the premises stated in the\nauthorisation certificate means—\n(a) for class B gaming machines—an authorisation certificate\nissued under section 29; and\n(b) for class C gaming machines—an authorisation certificate\nissued under section 23.\nauthorisation certificate amendment application, for part 2B\n(Licences and authorisations)—see section 33 (1).\nauthorisation certificate application, for class C gaming machines,\nfor part 2B (Licences and authorisations)—see section 21 (1).\nauthorisation certificate number—\nsection 30 (3) (e); and\nsection 27 (1) (c).\nauthorisation number—\n(a) for an authorisation under a class B licence—see\nsection 30 (3) (j) (ii); and\n(b) for an authorisation under a class C licence—see\nsection 27 (1) (h) (ii).\nauthorisation schedule—\nsection 30 (3) (j); and\nsection 27 (1) (h).\nauthorised officer means an authorised officer under the Control Act,\nsection 20.\n\nauthorised premises means premises for which an authorisation\ncertificate is in force.\ncancelled, for part 4 (Disciplinary action)—see section 56.\ncap on authorisations, for division 2A.3 (Compulsory surrender)—\nsee section 10I (1).\ncash facility—\n(i) an automatic teller machine; or\n(ii) an EFTPOS facility; or\n(iii) any other facility for gaining access to cash or credit; but\n(b) does not include a facility where cash is exchanged for other\ndenominations of cash, tokens, tickets or cards for the purpose\nof playing machines.\ncasino licensee—see the Casino Control Act 2006, dictionary.\ncensus day, for division 2A.3 (Compulsory surrender)—see\nsection 10I (1).\ncentralised monitoring system (or CMS)—see section 66.\nChief Minister’s Charitable Fund, for part 12 (Community\ncontributions)—see section 164.\nclass B gaming machine—\n(a) means a gaming machine consisting of the game of draw poker,\nor a game derived from draw poker, that requires player\ninteraction or intervention as part of the fundamental game\noperation; but\n(b) does not include a gaming machine prescribed by regulation.\nclass B licence, for part 2B (Licences and authorisations)—see\nsection 11.\n\nclass B licence and authorisation certificate application, for part 2B\n(Licences and authorisations)—see section 28 (1).\nclass B licensee, for division 6A.6 (Trading of authorisations and\ngaming machines)—see section 127B.\nclass C gaming machine—\n(a) means a gaming machine that consists of a game other than the\nfollowing games or games derived from them:\n(i) roulette;\n(ii) blackjack;\n(iii) sic bo;\n(iv) craps;\n(v) pai gow;\n(vi) baccarat;\n(vii) two-up;\n(viii) money wheel;\n(ix) draw poker; but\n(b) does not include a gaming machine prescribed by regulation.\nclass C licence, for part 2B (Licences and authorisations)—see\nsection 11.\nclass C licence application, for part 2B (Licences and\nauthorisations)—see section 15.\nclass C licensee, for division 6A.6 (Trading of authorisations and\ngaming machines)—see section 127B.\nclub means a corporation or incorporated association established for\nthe benefit of members to achieve eligible objects.\nclub group, for part 11 (Finance)—see section 157B.\nclub refuge declaration—see section 166B (1).\n\nCMS—see centralised monitoring system.\ncommission means the gambling and racing commission.\ncommunity, for part 12 (Community contributions)—see\nsection 165.\ncommunity purpose, for part 12 (Community contributions)—see\nsection 166.\ncommunity purpose contribution, for part 12 (Community\ncontributions)—see section 166.\ncomputer cabinet means the sealable part of a gaming machine that\ncontains the game storage medium and the random access memory.\ncomputer cabinet access register—see section 71 (1).\nconstitution means—\n(a) for a club that is a company—the memorandum, and any articles\nof association, of the company; or\n(b) for a club that is an incorporated association—the statement of\nobjects and the rules of the association.\ncontribution, for part 12 (Community contributions)—see\nsection 164.\ncontribution information, for a community purpose contribution, for\npart 12 (Community contributions)—see section 171.\nControl Act means the Gambling and Racing Control Act 1999.\ncontrol procedures, for an entity, means the procedures under\nsection 97.\ncorporation includes a club.\nNote Corporation—see the Legislation Act, dictionary, pt 1.\ndisciplinary action—see section 58.\ndisciplinary notice, for part 4 (Disciplinary action)—see section 61.\n\ndispose of, a gaming machine, includes the following:\n(a) to sell or give the gaming machine to a person in the ACT or a\nlocal jurisdiction;\n(b) to sell or return the gaming machine to an approved supplier;\n(c) to destroy the gaming machine;\n(d) to lease or hire the gaming machine to a person.\ndiversification and sustainability support fund, for division 11.3\n(Diversification and sustainability support fund)—see section 163F.\neligible club—see section 146.\neligible object—see section 145.\neligible person—\n(a) for an individual—see section 6; and\n(b) for a corporation—see section 7.\nemploy includes engage.\nexecutive officer, of a corporation, means a person, however\ndescribed and whether or not the person is a director of the\ncorporation, who is concerned with, or takes part in, the corporation’s\nmanagement.\nexternal administrator, for a licensee, for division 6A.2\n(Repossession of gaming machines)—see section 105A.\nfinal, for part 4 (Disciplinary action)—see section 56.\ngambling harm prevention and mitigation fund—see section 163B.\ngame, in relation to a gaming machine, means a play, or a series of\nplays, initiated by the application of a single stake registered on the\n\ngaming area—\nsection 30 (3) (h); and\nsection 27 (1) (f).\ngaming area amendment, for part 2B (Licences and\nauthorisations)—see section 33 (1) (a).\ngaming law—see the Control Act, dictionary.\ngaming machine—\n(a) means a machine—\n(i) designed for playing a game of chance, or of mixed chance\nand skill; and\n(ii) designed to be played completely or partly by—\n(A) the insertion of 1 or more coins, notes or tokens; or\n(B) the application of a monetary credit registered on the\nmachine or elsewhere; and\n(iii) that offers, or that appears to offer, people a chance to win\nmonetary or other valuable consideration by playing the\nmachine; but\n(b) does not include a device prescribed by regulation.\ngaming machine tax means the tax imposed by section 159.\ngaming rules, for an entity, means the rules mentioned in\nsection 22 (2) (c).\ngeneral licence—see the Liquor Act 2010, section 17.\ngeneral purpose, for a storage permit, for division 6A.7 (Storage of\nauthorisations and gaming machines)—see section 127N (a).\n\nGMT rebate, for part 11 (Finance)—see section 162A.\nGM undertaking, for part 3A (Enforceable undertakings)—see\nsection 55B.\ngross revenue, of a licensee or person, means all revenue derived by\nthe licensee or person from the operation of gaming machines, other\nthan—\n(a) the amount of winnings for playing the gaming machines paid\nor payable under the gaming machines’ indicated prize scales\n(excluding linked jackpots); and\n(b) any amount set aside under a linked-jackpot arrangement for the\npayment of linked jackpots.\nground for disciplinary action—see section 57.\nincoming licensee, for division 2B.6 (Transfer and surrender of\nlicences and authorisation certificates)—see section 37E (1).\nincorporated association means an association incorporated under\nthe Associations Incorporation Act 1991.\nincrease maximum amendment, for part 2B (Licences and\nauthorisations)—see section 33 (1) (c).\ninfluential person, for a corporation—see section 8.\ninoperable, in relation to a gaming machine, means to switch off and\nto secure the gaming machine so it cannot be played.\ninspection notice, for division 6A.7 (Storage of authorisations and\ngaming machines)—see section 127ZE (1).\ninterim purpose, for a storage permit, for division 6A.7 (Storage of\nauthorisations and gaming machines)—see section 127N (b).\njackpot, in relation to a gaming machine, means the combination of\nletters, numbers, symbols or representations as part of a game on the\ngaming machine that pays the maximum winnings payable on the\ngaming machine for any 1 combination.\n\nlicence—\n(a) means a licence issued under—\n(i) section 29 for class B gaming machines; or\n(ii) section 17 for class C gaming machines; and\n(b) for part 4 (Disciplinary action)—see section 56; and\n(c) in relation to a person approved to operate a linked-jackpot\narrangement under section 134—means the approval; and\n(d) in relation to a permit-holder under part 8 (Linked-jackpot\narrangements)—means a multi-user permit.\nNote Licensee has a meaning corresponding to the meaning of licence (see\nLegislation Act, s 157).\nlicence number—\n(a) of a class B licence—see section 30 (2) (b) (vii); and\n(b) of a class C licence—see section 20 (1) (b) (vi).\nlicensee, for division 2A.3 (Compulsory surrender)—see\nsection 10I (1).\nlicensee’s name, in relation to a class C licensee, means the name of\nthe licensee’s legal entity.\nlife member, of a club, means a person who is elected to membership\nof the club for life under the rules of the club.\nlinked jackpot means winnings under a linked-jackpot arrangement\noperated under an approval or permit under part 8.\n\nlinked-jackpot arrangement means an arrangement under which 2 or\nmore gaming machines are linked to a device that—\n(a) from time to time, records the amount payable as winnings\nunder the arrangement; and\n(b) for the purpose of recording the amount mentioned in\nparagraph (a), receives messages from each gaming machine to\nwhich it is linked; and\n(c) cannot affect the percentage payout of, or transmit a message to,\na gaming machine to which it is linked.\nlocal jurisdiction means a State or New Zealand.\nmaintain a gaming machine includes repair, adjust or alter the\nmaximum number, of authorisations, means the maximum number\nof authorisations for gaming machines that a licensee may have under\nan authorisation certificate.\nmember, of a club—\n(i) a member who, under the rules of the club, is required to\npay fees; or\n(ii) a life member; but\n(b) does not include a temporary member.\nminimum community contribution, for a licensee for a\nfinancial year, for part 12 (Community contributions)—see\nsection 164.\nminor licence amendment application, for part 2B (Licences and\nauthorisations)—see section 31 (1).\n\nMolonglo Valley means the district with the distinguishing name of\nMolonglo Valley determined under the Districts Act 2002,\nsection 5 (3).\nmulti-user permit—see section 135.\nnet revenue, of a licensee that is a club, means gross revenue derived\nby the licensee, less—\n(a) any amount of gaming machine tax payable on that revenue; and\n(b) 24% of the gross revenue.\nnotifiable action—see section 173C.\nofficer of a club—\n(i) any office-holder of the club (however described),\nincluding the secretary, treasurer, executive officer or\npublic officer; or\n(ii) anyone else concerned in or who takes part in the\nmanagement of the club’s affairs; but\n(b) does not include a patron or the holder of another honorary\noffice of the club if the office does not give its holder a right to\ntake part in the management of the club’s affairs.\non licence—see the Liquor Act 2010, section 18.\nNote The Liquor Act 2010, div 2.2 deals with subclasses of on licences.\noutgoing licensee, for division 2B.6 (Transfer and surrender of\nlicences and authorisation certificates)—see section 37E (1).\npercentage payout, for a gaming machine, means the percentage\npayout allowed for the gaming machine under the authorisation.\nperipheral equipment, for a gaming machine—see section 68.\npermit-holder means the holder of a multi-user permit.\n\npremises relocation amendment, for part 2B (Licences and\nauthorisations)—see section 33 (1) (b).\nprescribed number of days, in relation to a notifiable action—see\nsection 173D (5).\nproperly completed, for an application—see section 9 (1).\nproposed gaming area, in relation to an authorisation certificate\napplication for a class C licence—see section 22 (2) (b) (ii).\nrecipient, of a community purpose contribution, for part 12\n(Community contributions)—see section 164.\nregistered party—see the Electoral Act 1992, dictionary.\nreporting year, for a licensee, for part 12 (Community\ncontributions)—see section 164.\nrepossession, of a gaming machine, includes taking possession of the\ngaming machine under a default provision in a financial agreement.\nrequired documents, for an authorisation certificate application for\nclass C gaming machines—see section 22 (2).\nreviewable decision, for part 13 (Notification and review of\ndecisions)—see section 173.\nrural lease—see the Planning Act 2023, section 256.\nsecretary, in relation to a club, includes a person concerned in the\nmanagement of the club.\nshort-term approval, for a technician—see section 76 (3).\nsigned-in guest, for a club—see section 54A.\nsmall or medium club, for a financial year, for part 11 (Finance)—\nsee section 157A.\nsmall or medium club group, for a financial year, for part 11\n(Finance)—see section 157A.\n\nsocial impact assessment, for an authorisation certificate application\nor authorisation certificate amendment application—see\nsection 12 (1).\nstatement of objects of a club, means—\n(a) for a company—the memorandum of the company; or\n(b) for an incorporated association—the statement of objects of the\nassociation.\nstorage period, for a gaming machine or authorisation to which a\nstorage permit applies, for division 6A.7 (Storage of authorisations\nand gaming machines)—see section 127M.\nstorage permit—see section 127L.\nstorage rules, for division 6A.7 (Storage of authorisations and\ngaming machines)—see section 127M.\nstored authorisation, for division 6A.7 (Storage of authorisations and\ngaming machines)—see section 127M.\nstored gaming machine, for division 6A.7 (Storage of authorisations\nand gaming machines)—see section 127M.\nsurrendered authorisation, for division 2A.2 (Voluntary\nsurrenders)—see section 10A.\nsurrender obligation, for division 2A.3 (Compulsory surrender)—\nsee section 10I (1).\ntax period, for part 11 (Finance) and part 12 (Community\ncontributions)—see section 157A.\ntechnical amendment—see section 37B (1).\ntechnical evaluation means a technical evaluation under section 69.\ntemporary member, of a club—see section 54A.\nundertaking, for part 3A (Enforceable undertakings)—see\nsection 55A.\n\nundeveloped area means an area of land that is, on the day the\nGaming Machine Amendment Act 2024, section 10 commences—\n(a) unleased territory land; or\n(b) described in a rural lease.\nvoluntary surrender agreement, for division 2A.2 (Voluntary\nsurrenders)—see section 10C.\nvoluntary surrender day, for a licensee, for division 2A.2 (Voluntary\nsurrenders)—see section 10A.\nvoluntary surrender notice, for division 2A.2 (Voluntary\nsurrenders)—see section 10B.\nwarning notice, for an associated organisation, for part 9 (Club\nadministration)—see section 147B.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nGaming Machine Act 2004 A2004-34\nnotified LR 9 July 2004\ns 1, s 2 commenced 9 July 2004 (LA s 75 (1))\nremainder commenced 1 November 2004 (s 2 and CN2004-14)\nGaming Machine Amendment Act 2005 A2005-17\nnotified LR 13 April 2005\ns 1, s 2 commenced 13 April 2005 (LA s 75 (1))\nremainder commenced 14 April 2005 (s 2)\nGaming Machine Amendment Act 2005 (No 2) A2005-26\nnotified LR 28 June 2005\ns 1, s 2 commenced 28 June 2005 (LA s 75 (1))\ns 8 commenced 1 July 2007 (s 2 (2))\nremainder commenced 1 July 2005 (s 2 (1))\nCasino Control Act 2006 A2006-2 sch 1 pt 1.3\nnotified LR 22 February 2006\ns 1, s 2 commenced 22 February 2006 (LA s 75 (1))\nsch 1 pt 1.3 commenced 1 May 2006 (s 2 and CN2006-6)\nGaming Machine Amendment Act 2007 A2007-14\nnotified LR 31 May 2007\ns 1, s 2 commenced 31 May 2007 (LA s 75 (1))\nremainder commenced 1 June 2007 (s 2)\nGaming Machine Amendment Act 2007 (No 2) A2007-40\nnotified LR 4 December 2007\ns 1, s 2 commenced 4 December 2007 (LA s 75 (1))\ns 17 commenced 4 June 2008 (s 2 (2))\nremainder commenced 5 December 2007 (s 2 (1))\nStatute Law Amendment Act 2008 A2008-28 sch 3 pt 3.29\nnotified LR 12 August 2008\ns 1, s 2 commenced 12 August 2008 (LA s 75 (1))\nsch 3 pt 3.29 commenced 26 August 2008 (s 2)\n\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.47\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.47 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 1 pt 1.6\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 1 pt 1.6 commenced 17 December 2009 (s 2)\nLiquor (Consequential Amendments) Act 2010 A2010-43 sch 1 pt 1.12\nnotified LR 8 November 2010\ns 1, s 2 commenced 8 November 2010 (LA s 75 (1))\nsch 1 pt 1.12 commenced 1 December 2010 (s 2 (4) and see Liquor\nAct 2010 A2010-35, s 2 (3) (as am by A2010-43 amdt 1.19) and\nCN2010-14)\nGaming Machine (Problem Gambling Assistance) Amendment\nAct 2010 A2010-52\nnotified LR 15 December 2010\ns 1, s 2 commenced 15 December 2010 (LA s 75 (1))\nremainder commenced 1 July 2011 (s 2)\nStatute Law Amendment Act 2011 A2011-3 sch 1 pt 1.3, sch 3 pt 3.21\nnotified LR 22 February 2011\ns 1, s 2 commenced 22 February 2011 (LA s 75 (1))\nsch 1 pt 1.3, sch 3 pt 3.21 commenced 1 March 2011 (s 2)\nGaming Machine (Club Governance) Amendment Act 2011 A2011-24\npt 2\nnotified LR 7 July 2011\ns 1, s 2 commenced 1 July 2011 (LA s 75 (2))\nss 9-11, s 21, s 26 commenced 1 July 2012 (s 2 (2))\npt 2 remainder taken to have commenced 1 July 2011 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2011\n(No 2) A2011-27 sch 1 pt 1.5\nnotified LR 30 August 2011\ns 1, s 2 taken to have commenced 29 July 2008 (LA s 75 (2))\nsch 1 pt 1.5 commenced 13 September 2011 (s 2 (1))\n\nBusiness Names Registration (Transition to Commonwealth)\nAct 2012 A2012-2 sch 2 pt 2.3\nnotified LR 28 February 2012\ns 1, s 2 commenced 28 February 2012 (LA s 75 (1))\nsch 2 pt 2.3 commenced 28 May 2012 (s 2 (2))\nGaming Machine Amendment Act 2012 A2012-42 pt 2 (as am by\nA2013-29 s 4)\nnotified LR 6 September 2012\ns 1, s 2 commenced 6 September 2012 (LA s 75 (1))\ns 28, s 29 commenced 1 February 2014 (s 2 (2) (as am by A2013-29\ns 4))\npt 2 remainder commenced 1 January 2013 (s 2 (1))\nGaming Machine Amendment Act 2012 (No 2) A2012-50\nnotified LR 5 December 2012\ns 1, s 2 commenced 5 December 2012 (LA s 75 (1))\ns 3 commenced 6 December 2012 (s 2 (1))\ns 4 commenced 1 January 2013 (s 2 (2))\ns 5 commenced 1 February 2014 (s 2 (3) and see Gaming Machine\nAmendment Act 2012 A2012-42 s 2 (2) (as am by A2013-29 s 4))\nGaming Machine Amendment Act 2013 A2013-9\nnotified LR 27 March 2013\ns 1, s 2 commenced 27 March 2013 (LA s 75 (1))\nremainder commenced 28 March 2013 (s 2)\nStatute Law Amendment Act 2013 A2013-19 sch 3 pt 3.23\nnotified LR 24 May 2013\ns 1, s 2 commenced 24 May 2013 (LA s 75 (1))\nsch 3 pt 3.23 commenced 14 June 2013 (s 2)\nGaming Machine Amendment Act 2013 (No 2) A2013-29\nnotified LR 21 August 2013\ns 1, s 2 commenced 21 August 2013 (LA s 75 (1))\nremainder commenced 22 August 2013 (s 2)\nNote This Act only amends the Gaming Machine Amendment\nAct 2012 A2012-42.\n\nGaming Machine (Red Tape Reduction) Amendment Act 2014\nA2014-5\nnotified LR 27 March 2014\ns 1, s 2 commenced 27 March 2014 (LA s 75 (1))\nremainder commenced 28 March 2014 (s 2)\nRed Tape Reduction Legislation Amendment Act 2014 A2014-47 pt 4\nnotified LR 6 November 2014\ns 1, s 2 commenced 6 November 2014 (LA s 75 (1))\npt 4 commenced 7 November 2014 (s 2)\nGaming Machine (Red Tape Reduction) Amendment Act 2014 (No 2)\nnotified LR 4 December 2014\ns 1, s 2 commenced 4 December 2014 (LA s 75 (1))\ns 18, s 19 commenced 1 March 2015 (s 2 (2))\nremainder commenced 5 December 2014 (s 2)\nAnnual Reports (Government Agencies) Amendment Act 2015\nA2015-16 sch 1 pt 1.13\nnotified LR 27 May 2015\ns 1, s 2 commenced 27 May 2015 (LA s 75 (1))\nsch 1 pt 1.13 commenced 3 June 2015 (s 2)\nGaming Machine (Reform) Amendment Act 2015 A2015-21 (as am by\nA2018-45 sch 1 pt 1.3)\nnotified LR 15 June 2015\ns 1, s 2 commenced 15 June 2015 (LA s 75 (1))\ns 3 commenced 1 July 2015 (LA s 75AA)\ns 81 commenced 1 July 2015 (s 2 and CN2015-10)\nss 4-80 and ss 82-93 commenced 31 August 2015 (s 2 and\nCN2015-18)\nsch 1 om before commenced (see A2018-45 amdt 1.3)\nas modified by\nGaming Machine Regulation 2004 SL2004-30 (as am by SL2015-27\ns 29, s 30)\nnotified LR 30 July 2004\ns 1, s 2 commenced 30 July 2004 (LA s 75 (1))\nremainder commenced 1 November 2004 (s 2 and see Gaming\nMachine Act 2004 A2004-34, s 2 and CN2004-14)\n\nGaming Legislation Amendment Regulation 2015 (No 1) SL2015-27\ns 29, s 30\nnotified LR 24 August 2015\ns 1, s 2 commenced 24 August 2015 (LA s 75 (1))\ns 29, s 30 commenced 31 August 2015 (s 2 and see Gaming Machine\n(Reform) Amendment Act 2015 A2015-21, s 2 and CN2015-18)\nNote This regulation only amends the Gaming Machine Regulation\n","sortOrder":278},{"sectionNumber":"2004","sectionType":"section","heading":"SL2004-30.","content":"2004 SL2004-30.\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.30\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.30 commenced 14 October 2015 (s 2)\nStatute Law Amendment Act 2015 (No 2) A2015-50 sch 3 pt 3.19\nnotified LR 25 November 2015\ns 1, s 2 commenced 25 November 2015 (LA s 75 (1))\nsch 3 pt 3.19 commenced 9 December 2015 (s 2)\nRed Tape Reduction Legislation Amendment Act 2016 A2016-18\nsch 3 pt 3.25, sch 4 pt 4.5\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nsch 3 pt 3.25, sch 4 pt 4.5 commenced 27 April 2016 (s 2)\nGaming and Racing (Red Tape Reduction) Legislation Amendment\nAct 2016 A2016-45 pt 2, sch 1 (as am by A2018-45 sch 1 pt 1.2)\nnotified LR 19 August 2016\ns 1, s 2 commenced 19 August 2016 (LA s 75 (1))\nsch 1 om before commenced (see A2018-45 amdt 1.2)\npt 2 commenced 1 September 2016 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act\n2017 (No 2) A2017-14 pt 8\nnotified LR 17 May 2017\ns 1, s 2 commenced 17 May 2017 (LA s 75 (1))\npt 8 commenced 1 July 2017 (s 2 (4))\n\nGaming Machine Amendment Act 2017 A2017-24\nnotified LR 31 August 2017\ns 1, s 2 commenced 31 August 2017 (LA s 75 (1))\nremainder commenced 1 September 2017 (s 2)\nGaming Machine (Cash Facilities) Amendment Act 2017 A2017-25\npt 2\nnotified LR 31 August 2017\ns 1, s 2 commenced 31 August 2017 (LA s 75 (1))\npt 2 commenced 1 September 2017 (s 2)\nCasino (Electronic Gaming) Act 2017 A2017-42 sch 3 pt 3.3,\nsch 4 pt 4.2 (as am by A2018-45 sch 1 pt 1.1)\nnotified LR 13 November 2017\ns 1, s 2 commenced 13 November 2017 (LA s 75 (1))\nsch 3 pt 3.3 commenced 13 May 2018 (s 2 (1) and LA s 79)\nsch 4 pt 4.2 om before commenced (see A2018-45 amdt 1.1)\nCasino and Other Gaming Legislation Amendment Act 2018 A2018-21\npt 5\nnotified LR 14 June 2018\ns 1, s 2 commenced 14 June 2018 (LA s 75 (1))\npt 5 commenced 15 June 2018 (s 2)\nGaming Legislation Amendment Act 2018 A2018-45 pt 3, sch 1\nnotified LR 4 December 2018\npt 1 taken to have commenced 15 June 2015 (s 2 (1))\ns 23, s 26, s 28, ss 66 to 72, s 79, s 81, s 83 to 86, s 88, s 89, s 92,\ns 96, s 98, s 100, s 101 and s 103 commenced 1 July 2019 (s 2 (4))\npt 3 remainder commenced 11 December 2018 (s 2 (6))\nsch 1 pt 1.1 taken to have commenced 13 November 2017 (s 2 (3))\nsch 1 pt 1.2 taken to have commenced 19 August 2016 (s 2 (2))\nsch 1 pt 1.3 taken to have commenced 15 June 2015 (s 2 (1))\nNote This Act also amends the Gaming Machine (Reform)\nAmendment Act 2015 A2015-21, the Gaming and Racing (Red\nTape Reduction) Legislation Amendment Act 2016 A2016-45\nand the Casino (Electronic Gaming) Act 2017 A2017-42.\n\nGaming Legislation Amendment Act 2019 A2019-14 pt 3\nnotified LR 23 May 2019\ns 1, s 2 commenced 23 May 2019 (LA s 75 (1))\npt 3 commenced 1 July 2019 (s 2 and see Gaming Legislation\nAmendment Act 2018 A2018-45 s 2 (4))\nStatute Law Amendment Act 2019 A2019-42 sch 3 pt 3.11\nnotified LR 31 October 2019\ns 1, s 2 commenced 31 October 2019 (LA s 75 (1))\nsch 3 pt 3.11 commenced 14 November 2019 (s 2 (1))\nGaming Machine Amendment Act 2020 A2020-9 pt 2\nnotified LR 7 April 2020\ns 1, s 2 commenced 7 April 2020 (LA s 75 (1))\ns 8, s 12, s 13 commenced 1 July 2020 (s 2 (2))\npt 2 remainder commenced 8 April 2020 (s 2 (1))\nCOVID-19 Emergency Response Act 2020 A2020-11 sch 1 pt 1.9\nnotified LR 7 April 2020\ns 1, s 2 commenced 7 April 2020 (LA s 75 (1))\namdt 1.35 commenced 8 April 2020 (s 2 (2))\nsch 1 pt 1.9 remainder commenced 8 April 2020 (s 2 (1))\nCOVID-19 Emergency Response Legislation Amendment Act 2020\nA2020-14 sch 1 pt 1.15\nnotified LR 13 May 2020\ns 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))\nsch 1 pt 1.15 commenced 14 May 2020 (s 2 (1))\nJustice Legislation Amendment Act 2020 A2020-42 pt 18\nnotified LR 27 August 2020\ns 1, s 2 commenced 27 August 2020 (LA s 75 (1))\npt 18 commenced 3 September 2020 (s 2 (2))\nFair Trading and Other Justice Legislation Amendment Act 2022\nA2022-8 pt 4\nnotified LR 11 May 2022\ns 1, s 2 commenced 11 May 2022 (LA s 75 (1))\npt 4 commenced 12 May 2022 (s 2 (1))\n\nJustice and Community Safety Legislation Amendment Act 2022\nA2022-21 pt 5\nnotified LR 9 December 2022\ns 1, s 2 commenced 9 December 2022 (LA s 75 (1))\npt 5 commenced 10 December 2022 (s 2)\nGaming Machine (Club Refuge) Amendment Act 2023 A2023-28 pt 2\nnotified LR 7 July 2023\ns 1, s 2 commenced 7 July 2023 (LA s 75 (1))\npt 2 commenced 7 January 2023 (s 2 and LA s 79)\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.29\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.29 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\nJustice and Community Safety Legislation Amendment Act 2023\n(No 2) A2023-42 pt 6\nnotified LR 8 November 2023\ns 1, s 2 commenced 8 November 2023 (LA s 75 (1))\npt 6 commenced 9 November 2023 (s 2)\nGaming Machine Amendment Act 2024 A2024-1\nnotified LR 19 February 2024\ns 1, s 2 commenced 19 February 2024 (LA s 75 (1))\nremainder commenced 20 February 2024 (s 2)\nGaming Machine (Compulsory Surrender) Amendment Act 2024\nA2024-50\nnotified LR 19 September 2024\ns 1, s 2 commenced 19 September 2024 (LA s 75 (1))\nremainder commenced 20 September 2024 (s 2)\nJustice and Community Safety Legislation Amendment Act 2025\nA2025-2 pt 4\nnotified LR 20 February 2025\ns 1, s 2 commenced 20 February 2025 (LA s 75 (1))\npt 4 commenced 27 February 2025 (s 2 (1))\n\nJustice and Community Safety Legislation Amendment\nAct 2025 (No 2) A2025-3 sch 1 pt 1.5\nnotified LR 14 March 2025\ns 1, s 2 commenced 14 March 2025 (LA s 75 (1))\nsch 1 pt 1.5 commenced 21 March 2025 (s 2)\nGaming Legislation Amendment Act 2025 A2025-19 pt 3\nnotified LR 27 June 2025\ns 1, s 2 commenced 27 June 2025 (LA s 75 (1))\npt 3 commenced 1 July 2025 (s 2 and CN2025-3)\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.82\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.82 commenced 16 December 2025 (s 2 (6))\n\nCommencement\ns 2 om LA s 89 (4)\ns 3 am A2013-19 amdt 3.171\nImportant concepts\npt 2 hdg sub A2015-21 s 4\nDefinitions and important concepts\ndiv 2.1 hdg om A2015-21 s 4\nIssue of licences\ndiv 2.2 hdg om A2015-21 s 4\nSocial impact assessments\ndiv 2.3 hdg om A2015-21 s 4\nEligible people\ndiv 2.4 hdg om A2015-21 s 4\nLicence amendments\ndiv 2.5 hdg om A2015-21 s 4\nTransfer and surrender of licences\ndiv 2.6 hdg om A2015-21 s 4\nRestriction on gaming machine numbers\ndiv 2.7 hdg om A2015-21 s 4\nGaming machine licences\ndiv 2.8 hdg om A2015-21 s 4\nEligibility of individuals\ns 6 sub A2015-21 s 4\nam A2022-8 s 135; pars renum R51 LA; A2024-1 s 4\nEligibility of corporations\ns 7 sub A2015-21 s 4; A2022-8 s 136\nMeaning of influential person\ns 8 sub A2015-21 s 4\nProper completion—applications under Act\ns 9 sub A2015-21 s 4\n\nReducing cap on authorisations to 3 500 or fewer\npt 2A hdg ins A2012-42 s 23\nom R38 LA\nsub A2024-50 s 4\ndiv 2A.1 hdg orig div 2A.1 hdg\nins A2012-42 s 23\nrenum as div 2A.2 hdg\npres div 2A.1 hdg\nDefinitions—pt 2A\ns 10 am A2007-40 s 4; A2012-42 s 4\nom A2017-42 amdt 3.13\ndef census day ins A2018-45 s 20\ndef compulsory surrender day ins A2018-45 s 20\ndef first compulsory surrender day ins A2018-45 s 20\ndef second compulsory surrender day ins A2018-45 s 20\nApplications for in-principle approvals\ndiv 2A.2 hdg orig div 2A.2 hdg\n(prev div 2A.1 hdg) ins A2012-42 s 23\nrenum as div 2A.2 hdg R20 LA\nrenum as div 2A.3 hdg\npres div 2A.2 hdg\n\nDefinitions—div 2A.2\ns 10A ins A2012-42 s 5\ndef surrendered authorisation ins A2018-45 s 20\ndef voluntary surrender agreement ins A2018-45 s 20\ndef voluntary surrender day ins A2018-45 s 20\ndef voluntary surrender notice ins A2018-45 s 20\nNotifying authorisations for surrender during voluntary surrender period\ns 10B ins A2018-45 s 20\nam A2024-50 s 6\nVoluntary surrender agreement\ns 10C ins A2018-45 s 20\nam A2023-42 s 39; pars renum R53 LA\nSurrender of authorisations and authorisation certificates on voluntary\nsurrender day\ns 10D ins A2018-45 s 20\nTrading of authorisations to replace surrendered authorisations\ns 10E ins A2018-45 s 20\nOffence—operating gaming machine if authorisation surrendered\ns 10F hdg sub A2019-14 s 13\ns 10F ins A2018-45 s 20\nNo applications for, or transfers of, authorisation certificates etc for certain\nlicensees\ns 10G ins A2018-45 s 20\nam A2024-1 s 5\nexp 1 April 2024 (s 10U (2))\nOffsets\ns 10H ins A2018-45 s 20\nam A2023-42 s 40; A2023-36 amdt 1.158\n\nCompulsory surrenders\ndiv 2A.3 hdg orig div 2A.3 hdg\n(prev div 2A.2 hdg) ins A2012-42 s 23\nrenum as div 2A.3 hdg R20 LA\nrenum as div 2A.4 hdg\npres div 2A.3 hdg\nDefinitions—div 2A.3\ns 10I ins A2018-45 s 20\ndef assessment ins A2024-50 s 7\ndef cap on authorisations ins A2018-45 s 20\ndef census day ins A2024-50 s 7\ndef licensee ins A2018-45 s 20\ndef surrender obligation ins A2018-45 s 20\nAssessment of surrender obligations\ns 10J ins A2018-45 s 20\nAssessment not to exceed target of 3 500 authorisations\ns 10K ins A2018-45 s 20\n\nGuidelines for assessment etc\ns 10L ins A2018-45 s 20\nLicensee must give notice of gaming machines to be surrendered\ns 10M ins A2018-45 s 20\nSurrender of authorisations for gaming machines\ns 10N ins A2018-45 s 20\nExtension of term for storage permit for interim purpose\ns 10O ins A2018-45 s 20\nOffence—failure to dispose of gaming machines where authorisation\nsurrendered under s 10N\ns 10P ins A2018-45 s 20\nApplication to transfers of authorisation certificates under s 37E\ns 10Q ins A2018-45 s 20\nCertain actions prohibited etc\ns 10R ins A2018-45 s 20\nDisposal of gaming machine to be surrendered—notifiable action for s 113A\ns 10S ins A2018-45 s 20\n\ndiv 2A.4 hdg orig div 2A.4 hdg\n(prev div 2A.3 hdg) ins A2012-42 s 23\nrenum as div 2A.4 hdg R20 LA\nrenum as div 2A.5 hdg\npres div 2A.4 hdg\ns 10T ins A2018-45 s 20\ndiv 2A.5 hdg orig div 2A.5 hdg\n(prev div 2A.4 hdg) ins A2012-42 s 23\nrenum as div 2A.5 hdg R20 LA\npres div 2A.5 hdg\nom A2024-50 s 7\ns 10U ins A2018-45 s 20\nsub A2023-42 s 41\n(2) exp 1 April 2024 (s 10U (2))\nom A2024-50 s 7\nLicences and authorisations\npt 2B hdg ins A2015-21 s 4\nDefinitions and important concepts\ndiv 2B.1 hdg ins A2015-21 s 4\nDefinitions—pt 2B\ns 11 hdg sub A2012-42 s 6\ns 11 am A2014-56 s 4\ndef authorisation certificate amendment application ins\nA2015-21 s 4\ndef authorisation certificate application ins A2015-21 s 4\ndef class B licence ins A2015-21 s 4\ndef class B licence and authorisation certificate\napplication ins A2015-21 s 4\n\ndef class C licence ins A2015-21 s 4\ndef class C licence application ins A2015-21 s 4\ndef gaming area amendment ins A2015-21 s 4\ndef increase maximum amendment ins A2015-21 s 4\ndef minor licence amendment application ins A2015-21 s 4\ndef premises relocation amendment ins A2015-21 s 4\nMeaning of social impact assessment\ns 12 am A2012-42 s 7, s 8\nam A2024-1 s 6, s 7\nSocial impact assessment—publication\ns 13 am A2014-56 s 5\nam A2015-33 amdts 1.92-1.96; A2017-24 s 4, s 5;\nA2024-1 s 8, s 9; ss renum R56 LA; A2025-29 amdt 4.82\nApplications to be dealt with in order of receipt etc\ns 14 am A2005-17 s 4, s 5; A2011-24 s 4\nClass C licences—application and issue\ndiv 2B.2 hdg ins A2015-21 s 4\nLicence for class C gaming machines—application\ns 15 am A2005-17 s 6\nClass C licence application—contents\ns 16 sub A2015-21 s 4\nam A2016-45 s 4\nClass C licence—decision on application\ns 17 am A2007-40 s 5; A2012-42 ss 9-13\nClass C licence application—grounds for refusal\ns 18 am A2012-42 s 14\nClass C licence—conditions\ns 19 am A2012-42 s 15, s 16; ss renum R20 LA\nClass C licence—form\ns 20 am A2007-14 s 4; A2007-40 s 6; A2008-28 amdt 3.94;\nA2011-3 amdt 1.6; A2012-42 s 17; A2014-56 s 6\n\ndiv 2B.3 hdg ins A2015-21 s 4\nAuthorisation certificate for class C gaming machines—application\ns 21 am A2007-14 s 5; A2007-40 s 7; A2011-24 s 5, s 6\nAuthorisation certificate for class C gaming machines—contents of\ns 22 am A2005-17 s 7; A2012-50 s 4\nsub A2012-42 s 18\nam A2014-56 s 7; ss renum R27 LA\nAuthorisation certificate for class C gaming machines—decision on\ns 23 sub A2012-42 s 18; A2015-21 s 4\nam A2016-45 s 5; A2024-1 s 10; ss renum R56 LA\nAuthorisation certificate application for class C gaming machines—grounds\nfor refusal\ns 24 am A2007-40 s 8, s 9\nsub A2012-42 s 18; A2015-21 s 4\nIssue of authorisation certificate for class C gaming machines—number of\ngaming machines to be operated\ns 25 sub A2012-42 s 18\nam A2014-56 s 8\nAuthorisation certificate for class C gaming machines—conditions\ns 26 sub A2012-42 s 18; A2015-21 s 4\nLicence amendment decision—venue relocation amendment\ns 26A ins A2012-42 s 18\nLicence amendment decision—small-scale machine relocation amendment\ns 26B ins A2012-42 s 18\nLicence amendment decision—large-scale machine relocation amendment\ns 26C ins A2012-42 s 18\nLicence amendment decision—new venue amendment\ns 26D ins A2012-42 s 18\n\nLicence amendment decision—technical amendment\ns 26E ins A2012-42 s 18\nAuthorisation certificate for class C gaming machines—form\ns 27 sub A2015-21 s 4\nLicences and authorisation certificates—class B gaming machines\ndiv 2B.4 hdg ins A2015-21 s 4\nLicence and authorisation certificate for class B gaming machines—\nrestricted application\ns 28 am A2012-42 s 19\nClass B licence and authorisation certificate—decision on application\ns 29 am A2012-42 s 20\nam A2024-1 s 11\nClass B licence and authorisation certificate—conditions and form\ns 30 sub A2015-21 s 4\nLicences and authorisation certificates—amendments\ndiv 2B.5 hdg ins A2015-21 s 4\nLicence amendment—application\ns 31 sub A2015-21 s 4\nLicence amendment decision—minor amendment\ns 32 am A2005-17 ss 8-10; ss renum A2005-17 s 11; A2007-40\ns 10; A2012-42 s 21; A2014-56 s 9\nAuthorisation certificate amendment—application\ns 33 am A2014-56 s 10\nam A2018-45 s 21; A2024-1 s 12, s 13; A2025-29 amdt 4.82\nAuthorisation certificate amendment—contents of application\ns 34 sub A2015-21 s 4\nIntention to reduce maximum number of gaming machines to 4 000, then\nmaintain per capita ratio\ns 34A ins A2012-42 s 22\nAuthorisation certificate amendment decision—gaming area amendment\ns 35 am A2011-3 amdt 3.210\nsub A2012-42 s 22; A2015-21 s 4\n\nAuthorisation certificate amendment decision—premises relocation\ns 36 sub A2012-42 s 22; A2015-21 s 4\nMeaning of pool of available gaming machines\ns 36A ins A2012-42 s 22\nAuthorisation certificate amendment decision—increase maximum\ns 37 sub A2015-21 s 4\nam A2016-45 s 6\nAuthorisation certificate amendment—increase maximum to not more than\nrelevant number\ns 37A ins A2015-21 s 4\nom A2018-45 s 22\nAuthorisation certificate amendment—technical amendment\ns 37B ins A2015-21 s 4\nAmendment of licence, authorisation certificate etc—commission’s own\ninitiative\ns 37C ins A2015-21 s 4\nRe-issue of amended licence, authorisation certificate etc\ns 37D ins A2015-21 s 4\nTransfer and surrender of licences and authorisation certificates\ndiv 2B.6 hdg ins A2015-21 s 4\nTransferring an authorisation certificate\ns 37E ins A2015-21 s 4\nam A2018-45 s 23; A2019-14 s 14\nSurrender of licences, authorisation certificates and authorisations\ns 37F ins A2015-21 s 4\nam A2018-45 s 24\nOffence—failure to dispose of gaming machines\ns 37G ins A2015-21 s 4\nLicences, authorisation certificates and authorisations—register and\nreplacement copies\ndiv 2B.7 hdg ins A2015-21 s 4\nLicences and authorisation certificates—register\ns 37H ins A2015-21 s 4\nam A2016-45 s 7\n\nLicences, authorisation certificates and authorisation schedules—\nreplacement copies\ns 37I ins A2015-21 s 4\nam A2016-18 amdts 3.109-3.111\nIn-principle authorisation certificates\npt 2C hdg ins A2015-21 s 4\ndiv 2C.1 hdg ins A2015-21 s 4\nObject—pt 2C\ns 38 sub A2015-21 s 4\nDefinitions for Act\ns 38A ins A2012-42 s 23\ndef approval-holder ins A2015-21 s 4\ndef in-principle authorisation certificate ins A2015-21 s 4\nIn-principle authorisation certificate—application\ndiv 2C.2 hdg ins A2015-21 s 4\nIn-principle authorisation certificate—application\ns 38B ins A2012-42 s 23\ndef approval-holder ins A2012-42 s 23\ndef in-principle approval ins A2012-42 s 23\nIn-principle authorisation certificate application—contents\ns 38C ins A2012-42 s 23\nIn-principle authorisation certificate—issue\ndiv 2C.3 hdg ins A2015-21 s 4\n\nIn-principle authorisation certificate—decision on application\ns 38D ins A2012-42 s 23\nIn-principle authorisation certificate—form\ns 38E ins A2012-42 s 23\nam A2013-19 amdt 3.172\nIn-principle authorisation certificate—conditions\ns 38F ins A2012-42 s 23\nIn-principle authorisation certificate—term\ns 38G ins A2012-42 s 23\nIn-principle authorisation certificate—transfer\ndiv 2C.4 hdg ins A2015-21 s 4\nIn-principle authorisation certificate—application to transfer\ns 38H ins A2012-42 s 23\nIn-principle authorisation certificate—transfer decision\ns 38I ins A2012-42 s 23\nam A2013-19 amdt 3.173\nIn-principle authorisation certificate—application for extension\ns 38J ins A2012-42 s 23\nIn-principle authorisation certificate—extension decision\ns 38K ins A2012-42 s 23\nIn-principle authorisation certificate—surrender\ns 38L ins A2012-42 s 23\n\nIn-principle authorisation certificates—conversion\ndiv 2C.5 hdg ins A2015-21 s 4\nConversion of in-principle authorisation certificate to authorisation\ncertificate—application\ns 38M ins A2012-42 s 23\nConversion of in-principle authorisation certificate to authorisation\ncertificate—decision\ns 38N ins A2012-42 s 23\nConsequences of conversion—other in-principle authorisation certificates\nfor the land or premises expire\ns 38O ins A2012-42 s 23\nIn-principle approval—transfer decision\ns 38P ins A2012-42 s 23\nIn-principle approval—application for extension\ns 38Q ins A2012-42 s 23\nIn-principle approval—extension decision\ns 38R ins A2012-42 s 23\nIn-principle approval—surrender\ns 38S ins A2012-42 s 23\nConversion of in-principle approval to licence or amendment—application\ns 38T ins A2012-42 s 23\nConversion of in-principle approval to licence—decision\ns 38U ins A2012-42 s 23\nConversion of in-principle approval into venue relocation amendment—\ns 38V ins A2012-42 s 23\n\nConversion of in-principle approval into new venue amendment—decision\ns 38W ins A2012-42 s 23\nConversion—other in-principle approvals for the land or premises expire\ns 38X ins A2012-42 s 23\nam A2013-19 amdt 3.174\nLicences and authorisation certificates—conditions\npt 3 hdg sub A2015-21 s 5\nOffence—failure to comply with condition\ns 39 hdg sub A2015-21 s 6\ns 39 am A2015-21 ss 7-9; ss renum R31 LA\nGeneral licence and authorisation certificate conditions\ndiv 3.2 hdg sub A2015-21 s 10\nCompliance with requirements for issue of licence and authorisation\ns 39A ins A2005-26 s 4\nsub A2015-21 s 11\nLicence and authorisation certificate to be kept at premises\ns 41 am A2014-47 s 7\nsub A2015-21 s 12\nam A2016-18 amdt 3.112\nsub A2016-45 s 8\nam A2018-21 s 27\nLicence and authorisation certificate to be available on request\ns 42 sub A2015-21 s 12; A2016-45 s 8\nam A2018-21 s 28; A2018-45 s 25; ss renum R41 LA\nAssistance with reviews\ns 42A ins A2015-21 s 12\nRules and control procedures for operation of gaming machines and\nperipheral equipment\ns 43 am A2015-21 s 92\nInstallation in accordance with Act\ns 44 am A2015-21 s 92\nInstallation certificate\ns 45 am A2015-21 s 92, s 93\nsub A2016-45 s 9\nOperation after installation\ns 46 am A2015-21 s 92\n\nOperation subject to correct percentage payout\ns 47 am A2015-21 s 13\nApproved statement to be displayed\ns 48 am A2015-21 s 14\nsub A2016-45 s 10\nLicensee to use gaming machines\ns 51 am A2012-42 s 24\nom A2015-21 s 15\nAccounts relating to gaming machines\ns 52 am A2015-21 s 92\nApplication of Casino (Electronic Gaming) Act 2017 to gaming machines\noperated near casino\ns 52A ins A2018-21 s 29\nam A2025-3 amdt 1.12\nConditions about inequitable benefits\ns 53 am A2011-24 s 7, s 8\nCondition about club’s constitution—consistency with gaming laws\ns 53A ins A2011-24 s 9\nCondition about club’s constitution—amendment if inconsistent with gaming\nlaws\ns 53B ins A2011-24 s 9\nam A2014-56 s 11\nAnnual report of clubs\ns 54 am A2011-24 s 10, s 11; pars renum R19 LA; A2018-45 ss 26-\n28; pars renum R42 LA; A2020-9 ss 4-6\nConditions about guests and temporary membership\ns 54A ins A2016-45 s 11\nam A2023-28 s 4; ss renum R55 LA\nOther conditions of club licences\ns 55 am A2005-26 s 5; A2011-24 s 12; pars renum R16 (RI) LA;\nA2016-45 s 12\nEnforceable undertakings\npt 3A hdg ins A2018-45 s 29\nMeaning of GM undertaking—pt 3A\ns 55A ins A2018-45 s 29\nCommission may accept undertakings\ns 55B ins A2018-45 s 29\nNotice of decision and reasons for decision\ns 55C ins A2018-45 s 29\n\nWhen a GM undertaking is enforceable\ns 55D ins A2018-45 s 29\nCompliance with GM undertaking\ns 55E ins A2018-45 s 29\nContravention of GM undertaking\ns 55F ins A2018-45 s 29\nWithdrawal or variation of GM undertaking\ns 55G ins A2018-45 s 29\nProceeding for contravention or alleged contravention\ns 55H ins A2018-45 s 29\nDefinitions for pt 4\ns 56 hdg sub A2015-21 s 16\ns 56 am A2024-1 s 16, s 17\n(2) exp 20 February 2028 (s 56 (2))\ndef cancelled ins A2015-21 s 17\ndef disciplinary action om A2018-45 s 30\ndef final ins A2015-21 s 17\ndef ground for disciplinary action om A2018-45 s 30\ndef licence am A2012-42 s 25; pars renum R20 LA\nsub A2015-21 s 18; A2024-1 s 15\nexp 20 February 2028 (s 56 (2))\ndef licensee sub A2012-42 s 26\nom A2015-21 s 18\nGrounds for disciplinary action\ns 57 am A2005-17 s 12; ss renum A2005-17 s 13; A2006-2\namdts 1.13-1.15; pars renum A2006-2 amdt 1.16; A2012-42\ns 27; ss renum R20 LA; A2015-21 s 19; ss renum R31 LA;\nA2024-1 s 18\nDisciplinary action\ns 58 am A2015-21 ss 20-23; ss renum R31 LA; A2018-45 s 31,\ns 32; A2025-29 amdt 4.82\nRelevant matters for decisions on disciplinary action and penalties\ns 59 sub A2018-45 s 33\nCommission may take disciplinary action against licensee\ns 62 am A2015-21 s 24; ss renum R31 LA\nDisciplinary action in relation to trading authorisations and gaming\nmachines—directions\ns 62A ins A2015-21 s 25\n\nSuspension of licence and authorisation certificate because of suspension\nof general and on licences\ns 63 hdg sub A2015-21 s 26\ns 63 sub A2010-43 amdt 1.15\nam A2015-21 s 27\nCancellation of authorisation certificate because of cancellation etc of\ngeneral and on licences\ns 64 hdg sub A2015-21 s 28\ns 64 sub A2010-43 amdt 1.16\nam A2015-21 s 29, s 30; A2020-42 s 92\nReturn of licence and authorisation certificate on cancellation\ns 65 hdg sub A2015-21 s 31\ns 65 am A2015-21 ss 32-34\nCancellation of licences and authorisation certificates—disposal of gaming\ns 65A ins A2015-21 s 35\nMeaning of centralised monitoring system\ns 66 am A2011-3 amdt 3.211; A2013-19 amdt 3.175; A2025-29\nRegulations about CMS\ns 67 am A2015-21 s 93\nApproval of gaming machines, peripherals, suppliers and technicians\npt 6 hdg sub A2014-56 s 12\nApproval of gaming machines and peripheral equipment\ns 69 am A2007-40 s 11; A2011-3 amdt 3.212; A2013-9 s 4, s 5;\nss renum R21 LA; A2025-29 amdt 4.82\nCancellation or suspension of gaming machine and peripheral equipment\napproval\ns 70 am A2011-3 amdt 3.213; A2015-21 s 93; A2025-29 amdt 4.82\nComputer cabinet access register\ns 71 sub A2014-56 s 13\nam A2015-21 s 36, s 92, s 93; A2020-9 s 7; A2022-8 s 137;\nA2025-29 amdt 4.82\nOffence—supply gaming machine etc without supplier approval\ns 71A ins A2022-8 s 138\nApplication and approval of corporation as supplier\ns 72 am A2007-40 s 12\nsub A2022-8 s 138\nGiving copy of certificate about approved supplier\ns 73 am A2022-8 s 139, s 140; A2025-29 amdt 4.82\n\nCancellation etc of supplier’s approval\ns 73A ins A2007-40 s 13\nam A2022-8 s 141\nApplication for approval as technician\ns 74 am A2022-8 ss 142-144; pars renum R51 LA\nApproval of technicians\ns 75 am A2007-40 s 14; A2014-56 s 14; A2022-8 ss 145-148\nTransfer etc of technician’s approval\ns 78 sub A2022-8 s 149\nCancellation etc of technician’s approval\ns 79 am A2005-17 s 14; ss renum A2005-17 s 15; A2022-8\nss 150-152\nGiving copy of certificate about approved technician or identity card\ns 81 am A2022-8 s 153, s 154; A2025-29 amdt 4.82\nApproved supplier to notify commission if technician no longer employed\ns 82 sub A2022-8 s 155\nRenewal of technician’s approval\ns 84 am A2022-8 s 156\nApproved attendants\ndiv 6.4 hdg om A2014-56 s 15\ndiv 6.5 hdg renum as div 6A.1 hdg\nRepossession of gaming machines\ndiv 6.6 hdg renum as div 6A.2 hdg\nDisposal of gaming machines\ndiv 6.7 hdg renum as div 6A.3 hdg\nSeizure of gaming machines\ndiv 6.8 hdg renum as div 6A.4 hdg\nInstallation and operation of gaming machines\ndiv 6.9 hdg renum as div 6A.5 hdg\nTrading of authorisations and gaming machines\ndiv 6.10 hdg renum as div 6A.6 hdg\nsdiv 6.10.1 hdg renum as sdiv 6A.6.1 hdg\nTrading class B authorisations\nsdiv 6.10.2 hdg renum as sdiv 6A.6.2 hdg\nsdiv 6.10.3 hdg renum as sdiv 6A.6.3 hdg\n\nTrading authorisations and gaming machines—miscellaneous\nsdiv 6.10.4 hdg renum as sdiv 6A.6.4 hdg\nStorage of authorisations and gaming machines\ndiv 6.11 hdg renum as div 6A.7 hdg\nInterpretation\nsdiv 6.11.1 hdg renum as sdiv 6A.7.1 hdg\nStorage permits—application and decision\nsdiv 6.11.2 hdg renum as sdiv 6A.7.2 hdg\nQuarantine permits\nsdiv 6.11.3 hdg renum as sdiv 6A.7.3 hdg\nPermits—form\nsdiv 6.11.4 hdg renum as sdiv 6A.7.4 hdg\nPermits—conditions\nsdiv 6.11.5 hdg renum as sdiv 6A.7.5 hdg\nPermits—amendment\nsdiv 6.11.6 hdg renum as sdiv 6A.7.6 hdg\nPermits—trading authorisations under permits\nsdiv 6.11.7 hdg renum as sdiv 6A.7.7 hdg\nPermits—miscellaneous\nsdiv 6.11.8 hdg renum as sdiv 6A.7.8 hdg\npt 6A hdg ins A2015-21 s 37\ndiv 6A.1 hdg (prev div 6.5 hdg) renum as div 6A.1 hdg A2015-21 s 56\nApplication for approval as attendant\ns 85 om A2014-56 s 15\nApproval of attendants\ns 86 am A2007-40 s 15\nom A2014-56 s 15\nShort-term approval of attendants\ns 87 om A2014-56 s 15\nEnding short-term approvals\ns 88 om A2014-56 s 15\nTransfer etc of attendant’s approval\ns 89 om A2014-56 s 15\nSuspension of attendant’s approval for short-term unemployment\ns 90 om A2014-56 s 15\n\nCancellation etc of attendant’s approval\ns 91 am A2005-17 s 16; ss renum A2005-17 s 17\nom A2014-56 s 15\nCertificates for approved attendants\ns 92 om A2014-56 s 15\nGiving copy of certificate about approved attendant\ns 93 om A2014-56 s 15\nNotice by licensee if attendant no longer employed\ns 94 om A2014-56 s 15\nReturn of approval certificates for approved attendants\ns 95 om A2014-56 s 15\nRenewal of attendant’s approval\ns 96 om A2014-56 s 15\nAcquisition of gaming machines and peripheral equipment—general\ns 98 sub A2015-21 s 38\nAcquisition of authorisations and gaming machines—notification\ns 99 sub A2015-21 s 38\nAcquisition of gaming machines—amendment of authorisation schedule etc\ns 100 am A2014-5 s 4\nsub A2015-21 s 38\nam A2018-21 s 30; A2018-45 s 34\nApplication and approval of financial arrangements\ns 101 om A2014-5 s 5\nDecision on application for approval of financial arrangements\ns 102 om A2014-5 s 5\nPossession and operation of gaming machines\ns 103 am A2015-21 s 39, s 40, s 93\nOffence—operating unauthorised or stored gaming machines\ns 104 hdg sub A2016-45 s 13; A2018-45 s 35\ns 104 sub A2015-21 s 41\nam A2016-45 s 14; A2018-45 s 36\nOperation of gaming machines other than in accordance with authorisations\ns 105 hdg sub A2015-21 s 42\ns 105 am A2015-21 s 43, s 92\nRepossession of gaming machines\ndiv 6A.2 hdg (prev div 6.6 hdg) renum as div 6A.2 hdg A2015-21 s 56\n\nDefinitions—div 6A.2\ns 105A ins A2015-21 s 44\ndef approval ins A2015-21 s 44\ndef external administrator ins A2015-21 s 44\nApproval for repossession—application\ns 107 sub A2015-21 s 45\nam A2022-8 s 157; A2025-29 amdt 4.82\nApproval of repossession of gaming machines\ns 108 am A2015-21 s 93\nConditions on approval to repossess gaming machine\ns 109 am A2015-21 s 93; A2018-45 s 37; A2022-8 s 158\nRepossessed gaming machines—amendment of authorisation schedule\ns 109A ins A2015-21 s 46\nam A2022-8 s 159, s 160\nContravention of repossession approval conditions\ns 110 am A2022-8 s 161, s 162\nAppointment of external administrator\ns 110A ins A2015-21 s 47\nDisposal of gaming machines\ndiv 6A.3 hdg (prev div 6.7 hdg) renum as div 6A.3 hdg A2015-21 s 56\nUnapproved disposal of gaming machines\ns 111 am A2015-21 s 48\nApplication for approval for disposal of gaming machines\ns 112 am A2015-21 s 49, s 50, s 93; A2025-29 amdt 4.82\nApproval of disposal of gaming machines\ns 113 am A2015-21 s 51, 93; A2018-45 s 38\nDisposal of gaming machines—notifiable action\ns 113A ins A2015-21 s 52\nam A2018-45 s 39, s 40; pars renum R41 LA; A2025-29\nDestruction of gaming machines—commission’s attendance\ns 113B ins A2015-21 s 52\nam A2016-45 s 15; ss renum R35 LA\nDisposal of gaming machines—direction about manner of disposal\ns 113C ins A2015-21 s 52\nOffence—failure to dispose of gaming machine within required time\ns 113D ins A2015-21 s 52\nSeizure of gaming machines\ndiv 6A.4 hdg (prev div 6.8 hdg) renum as div 6A.4 hdg A2015-21 s 56\n\nInstallation and operation of gaming machines\ndiv 6A.5 hdg (prev div 6.9 hdg) renum as div 6A.5 hdg A2015-21 s 56\nInstallation to be in accordance with approval of commission\ns 120 am A2015-21 s 92\nOffence to install gaming machines etc\ns 121 am A2015-21 s 92\nsub A2022-8 s 163\nCertificate about meter readings\ns 122 am A2015-21 s 92\nSealing computer cabinet\ns 123 am A2014-56 s 16; A2015-21 s 92\nCommission may require information\ns 124 am A2015-21 s 92\nOperation to be subject to correct percentage payout\ns 125 am A2015-21 s 53, s 54; A2022-8 s 164\nApproval of statement for display on gaming machines\ns 126 am A2011-3 amdt 3.214\nsub A2016-45 s 16\nOffences—maximum stake amount\ns 127 sub A2022-8 s 165\nTrading of authorisations and gaming machines\ndiv 6A.6 hdg (prev div 6.10 hdg) ins A2015-21 s 55\nrenum as div 6A.6 hdg A2015-21 s 56\nsdiv 6A.6.1 hdg (prev sdiv 6.10.1 hdg) ins A2015-21 s 55\nrenum as sdiv 6A.6.1 hdg A2015-21 s 56\nObjects—div 6A.6\ns 127A ins A2015-21 s 55\nDefinitions—div 6A.6\ns 127B ins A2015-21 s 55\ndef class B licensee ins A2015-21 s 55\ndef class C licensee ins A2015-21 s 55\nTrading class B authorisations\nsdiv 6A.6.2 hdg (prev sdiv 6.10.2 hdg) ins A2015-21 s 55\nrenum as sdiv 6A.6.2 hdg A2015-21 s 56\nSelling class B authorisations\ns 127C ins A2015-21 s 55\nam A2017-42 amdt 3.14, amdt 3.15; A2018-45 s 41\n\nOffence—selling class B gaming machines\ns 127D ins A2015-21 s 55\nsdiv 6A.6.3 hdg (prev sdiv 6.10.3 hdg) ins A2015-21 s 55\nrenum as sdiv 6A.6.3 hdg A2015-21 s 56\ns 127E ins A2015-21 s 55\nam A2018-45 s 42\nTrading authorisations—forfeiture requirement\ns 127F ins A2015-21 s 55\nam A2018-45 s 43\nOffence—acquiring authorisations and gaming machines\ns 127G ins A2015-21 s 55\nSelling class C gaming machines\ns 127H ins A2015-21 s 55\nSelling class C authorisations\ns 127I ins A2015-21 s 55\nam A2017-42 amdt 3.16\nTrading authorisations and gaming machines—miscellaneous\nsdiv 6A.6.4 hdg (prev sdiv 6.10.4 hdg) ins A2015-21 s 55\nrenum as sdiv 6A.6.4 hdg A2015-21 s 56\nTrading authorisations—disposal of gaming machines\ns 127J ins A2015-21 s 55\nTrading authorisations and gaming machines—regulations\n127K ins A2015-21 s 55\nStorage of authorisations and gaming machines\ndiv 6A.7 hdg (prev div 6.11 hdg) ins A2015-21 s 55\nrenum as div 6A.7 hdg A2015-21 s 56\nInterpretation\nsdiv 6A.7.1 hdg (prev sdiv 6.11.1 hdg) ins A2015-21 s 55\nrenum as sdiv 6A.7.1 hdg A2015-21 s 56\nMeaning of storage permit—Act\ns 127L ins A2015-21 s 55\nDefinitions—div 6A.7\ns 127M ins A2015-21 s 55\ndef general purpose ins A2015-21 s 55\ndef inspection notice ins A2015-21 s 55\ndef interim purpose ins A2015-21 s 55\ndef permit ins A2015-21 s 55\n\ndef quarantined authorisation ins A2015-21 s 55\ndef quarantined gaming machine ins A2015-21 s 55\ndef quarantine period ins A2015-21 s 55\ndef quarantine permit ins A2015-21 s 55\ndef storage period ins A2015-21 s 55\ndef storage rules ins A2015-21 s 55\ndef stored authorisation ins A2015-21 s 55\ndef stored gaming machine ins A2015-21 s 55\nStorage permits—application and decision\nsdiv 6A.7.2 hdg (prev sdiv 6.11.2 hdg) ins A2015-21 s 55\nrenum as sdiv 6A.7.2 hdg A2015-21 s 56\nStorage permits—purpose\ns 127N ins A2015-21 s 55\nStorage permit—application\ns 127O ins A2015-21 s 55\nStorage permit—decision on application\ns 127P ins A2015-21 s 55\nam A2018-21 s 31\nQuarantine permits\nsdiv 6A.7.3 hdg (prev sdiv 6.11.3 hdg) ins A2015-21 s 55\nrenum as sdiv 6A.7.3 hdg A2015-21 s 56\nQuarantine permits—notification and issue\ns 127Q ins A2015-21 s 55\nam A2016-45 s 17\nam A2018-21 s 32\nQuarantine permits—extension\ns 127R ins A2015-21 s 55\nStorage permits—form\nsdiv 6A.7.4 hdg (prev sdiv 6.11.4 hdg) ins A2015-21 s 55\nrenum as sdiv 6A.7.4 hdg A2015-21 s 56\n\nStorage permit—form\ns 127S ins A2015-21 s 55\nam A2015-50 amdt 3.110\nsub A2016-45 s 18; A2018-45 s 46\nStorage permits—conditions\nsdiv 6A.7.5 hdg (prev sdiv 6.11.5 hdg) ins A2015-21 s 55\nrenum as sdiv 6A.7.5 hdg A2015-21 s 56\nStorage permit—conditions\ns 127T hdg sub A2019-14 s15\ns 127T ins A2015-21 s 55\nam A2016-45 s 19; A2018-45 ss 47-49\nStorage permit—term\ns 127U hdg sub A2019-14 s16\ns 127U ins A2015-21 s 55\nam A2018-45 s 50; A2019-14 s17\nStorage permit—application for extension\ns 127V ins A2015-21 s 55\nStorage permit—extension decision\ns 127W ins A2015-21 s 55\nStorage permits—amendment\nsdiv 6A.7.6 hdg (prev sdiv 6.11.6 hdg) ins A2015-21 s 55\nrenum as sdiv 6A.7.6 hdg A2015-21 s 56\nStorage permit amendment—notification\ns 127X hdg am A2018-45 s 105\ns 127X ins A2015-21 s 55\nam A2016-45 s 20; A2018-45 s 51, s 105\nStorage permit amendment—decision\ns 127Y hdg am A2018-45 s 105\ns 127Y ins A2015-21 s 55\nsub A2016-45 s 21\nStorage permit amendment—commission’s own initiative\ns 127Z hdg am A2018-45 s 105\ns 127Z ins A2015-21 s 55\nStorage permit amendment—reissue of permit\ns 127ZA hdg am A2018-45 s 105\ns 127ZA ins A2015-21 s 55\n\nStorage permits—trading authorisations under permits\nsdiv 6A.7.7 hdg (prev sdiv 6.11.7 hdg) ins A2015-21 s 55\nrenum as sdiv 6A.7.7 hdg A2015-21 s 56\nTrading authorisations under storage permits—procedure\ns 127ZB hdg am A2018-45 s 106\ns 127ZB ins A2015-21 s 55\nam A2016-45 s 22; A2018-45 s 52, s 53, s 105; A2025-29\nTrading authorisations under storage permits—decision on application by\ndisposing licensee\ns 127ZC hdg am A2018-45 s 106\ns 127ZC ins A2015-21 s 55\nTrading authorisations under permits—issue of quarantine permit to\nacquiring licensee\ns 127ZD ins A2015-21 s 55\nsub A2016-45 s 23\nom A2018-45 s 54\nStorage permits—miscellaneous\nsdiv 6A.7.8 hdg (prev sdiv 6.11.8 hdg) ins A2015-21 s 55\nrenum as sdiv 6A.7.8 hdg A2015-21 s 56\nGaming machines and authorisations under storage permits—inspection\ns 127ZE hdg am A2018-45 s 106\ns 127ZE ins A2015-21 s 55\nam A2016-45 s 24; A2018-45 s 105; A2025-29 amdt 4.82\nStorage of gaming machines and authorisations—rules\ns 127ZF ins A2015-21 s 55\nam A2018-45 s 105; A2025-29 amdt 4.82\nMaintaining gaming machines etc on authorised premises\ns 128 am A2014-56 s 17; ss renum R27 LA; A2015-21 s 92\nsub A2022-8 s 166\nInterference with gaming machines\ns 129 am A2022-8 s 167\nOpening computer cabinets\ns 130 am A2022-8 s 168\nRendering gaming machines inoperable on authorisation certificate ceasing\nto be in force\ns 131 hdg sub A2018-45 s 55\ns 131 sub A2015-21 s 57\nam A2020-42 s 93\n\nRemoval of gaming machines from premises\ns 132 am A2015-21 ss 58-61\nOperation of linked-jackpot arrangements\ns 133 am A2015-21 s 62\nSingle-user approval for linked-jackpot arrangements\ns 134 hdg sub A2015-21 s 63\ns 134 am A2015-21 ss 64-68, s 92, s 93; A2018-45 s 56, s 57; pars\nrenum R41 LA; A2025-29 amdt 4.82\nIssue of multi-user permits\ns 135 am A2015-21 s 69, s 92, s 93; A2025-29 amdt 4.82\nConditions on multi-user permits\ns 136 am A2015-21 s 92, s 93; A2018-45 s 58, s 59; pars renum\nR41 LA\nAmendment of multi-user permits in interest of users\ns 138 am A2015-21 s 93\nAmendment of multi-user permit on request\ns 139 am A2015-21 s 92, s 93; A2025-29 amdt 4.82\nAmendment of financial and operational aspects of multi-user permits\ns 140 am A2015-21 s 93\nUnclaimed jackpots\ns 143 am A2015-21 s 70, s 71\nUndisbursed jackpots\ns 144 am A2014-5 ss 6-8; A2015-21 ss 72-74\nDefinitions—pt 9\ns 144A ins A2011-24 s 13\ndef associated organisation declaration ins A2011-24 s 13\ndef warning notice ins A2011-24 s 13\nEligible objects\ns 145 am A2011-3 amdt 3.215; A2025-29 amdt 4.82\nEligible clubs\ns 146 am A2005-26 s 6; A2015-21 s 75\nAssociated organisations—declaration\ns 147 hdg sub A2011-24 s 14\ns 147 am A2005-17 s 18, s 19; A2011-24 ss 15-17; pars renum\nR16 (RI) LA\nAssociated organisation declaration—condition\ns 147A ins A2011-24 s 18\nAssociated organisation—warning notice\ns 147B ins A2011-24 s 18\n\nAssociated organisation declaration—suspension or repeal\ns 147C ins A2011-24 s 18\nClub elections—election of board directors\ns 147D ins A2011-24 s 18\nClub elections—record-keeping\ns 148 hdg sub A2011-24 s 19\ns 148 am A2015-21 s 76\nClub directors—acting in good faith\ns 148A ins A2011-24 s 20\nam A2018-45 s 60\nClub constitution—consistency with gaming laws\ns 148B ins A2011-24 s 21\nam A2015-21 s 77\nPower to require information about status of eligible clubs\ns 149 am A2015-21 s 78\nPromoting responsible practices at authorised premises\npt 10 hdg sub A2012-42 s 28\nam A2015-21 s 92\nWarning notices\ns 151 am A2011-3 amdt 3.216; A2015-21 s 92; A2018-45 s 61;\nA2025-29 amdt 4.82\nExternal signs\ns 152 sub A2007-40 s 16\nam A2012-2 amdt 2.5; A2015-21 s 92; A2016-18 amdt 4.6,\namdt 4.7\nExternal visibility of gaming machines\ns 152A ins A2007-40 s 17\nam A2015-21 s 92\nCash facilities\ns 153 am A2015-21 s 92; A2017-25 s 4\nOffence—ATM allowing withdrawals exceeding $250\ns 153A ins A2012-42 s 29\nam A2012-50 s 5; A2015-21 s 79, s 80, s 92; A2017-25 s 5\nLending or extending credit\ns 154 am A2015-21 s 92\nUsing false identification\ns 157 am A2015-21 s 92\n\nDefinitions—pt 11\ns 157A ins A2017-24 s 6\ndef GMT rebate ins A2017-24 s 6\ndef small or medium club ins A2017-24 s 6\nsub A2018-45 s 62; A2020-9 s 8\ndef small or medium club group ins A2017-24 s 6\nsub A2018-45 s 62; A2020-9 s 8\ndef tax period ins A2017-24 s 6\nMeaning of club group etc—pt 11\ns 157B ins A2017-24 s 6\nDetermination that licensee not part of club group\ns 157C ins A2017-24 s 6\nNotice of change to club group status\ns 157D ins A2017-24 s 6\nAudit of financial statements etc\ns 158 sub A2009-49 amdt 1.14\nam A2013-19 amdt 3.176; A2016-45 s 25; A2019-14 s 18;\nA2020-9 s 9\nGaming machine tax\ns 159 am A2005-26 s 7, s 8; A2015-21 s 81; A2015-50 amdt 3.111;\nA2017-24 ss 7-9; ss renum R37 LA\nTax adjustment in relation to GST for clubs\ns 160 am A2005-26 s 9\nexp 1 February 2006 (s 160 (6))\nPayment of gaming machine tax\ns 161 am A2015-21 s 93; A2017-24 s 10\nPayment of gaming machine tax or payment to diversification and\nsustainability support fund—quarterly election\ns 161A ins A2017-24 s 11\nsub A2019-14 s 19\nam A2020-9 s 10, s 11; A2020-11 amdt 1.35\nGaming machine tax returns\ns 162 am A2011-3 amdt 3.217; A2015-21 s 82\nsub A2017-24 s 12\nGaming machine tax rebate—financial year\ns 162A ins A2017-24 s 13\nam A2018-45 s 63, s 64; A2020-9 s 12; ss renum R46 LA\n\nGaming machine tax rebate—part financial year\ns 162B ins A2017-24 s 13\nam A2018-45 s 65; A2020-9 s 13; ss renum R46 LA\nGaming machine tax rebate—claim\ns 162C ins A2017-24 s 13\nAnnual adjustment of gaming machine tax—GMT rebate\ns 162D ins A2017-24 s 13\nGambling harm prevention and mitigation fund\ndiv 11.2 hdg ins A2010-52 s 4\nsub A2018-45 s 66\nRequired payment to problem gambling assistance fund\ns 163A hdg sub A2018-45 s 67\ns 163A ins A2010-52 s 4\nam A2014-56 s 18; A2017-14 s 24; A2017-24 s 14, s 15;\nA2018-45 s 68; A2020-9 s 14; A2025-29 amdt 4.82\nProblem gambling assistance fund—annual payment option\ns 163AA hdg sub A2018-45 s 69\ns 163AA ins A2014-56 s 19\nam A2017-24 s 16, s 17; A2018-45 s 70\nGambling harm prevention and mitigation fund\ns 163B ins A2010-52 s 4\nsub A2018-45 s 71\nPayment from gambling harm prevention and mitigation fund—required\npayments and community purpose contributions\ns 163C hdg sub A2019-14 s 20\ns 163C ins A2010-52 s 4\nam A2014-56 s 20; pars renum R27 LA\nom A2015-16 amdt 1.17\nins A2018-45 s 71\nPayment from gambling harm prevention and mitigation fund—minimum\ncommunity contributions\ns 163D hdg sub A2019-14 s 21\ns 163D ins A2018-45 s 71\nam A2020-9 s 15; A2025-29 amdt 4.82\nDiversification and sustainability support fund\ndiv 11.3 hdg ins A2019-14 s 22\nsdiv 11.3.1 hdg ins A2019-14 s 22\n\nDefinitions—div 11.3\ns 163E ins A2019-14 s 22\ndef advisory board ins A2019-14 s 22\ndef diversification and sustainability support fund ins\nA2019-14 s 22\nDiversification and sustainability support fund\ns 163F ins A2019-14 s 22\nReporting\ns 163G ins A2019-14 s 22\nPayments to and from diversification and sustainability support fund\nsdiv 11.3.2 hdg ins A2019-14 s 22\nPayments to diversification and sustainability support fund\ns 163H ins A2019-14 s 22\nam A2020-11 amdt 1.36; ss renum R44 LA\n(5), (6) exp 8 April 2022 (s 163H (6))\nam A2025-19 s 6\n(4A), (4B) exp 1 July 2028 (s 163H (4B))\nPayments out of diversification and sustainability support fund\ns 163I ins A2019-14 s 22\nam A2025-19 s 7\n(3), (4) exp 1 July 2028 (s 163I (4))\nGuidelines for applications for payments out of diversification and\ns 163J ins A2019-14 s 22\nAdvisory board for diversification and sustainability support fund\nsdiv 11.3.3 hdg ins A2019-14 s 22\nEstablishment of advisory board\ns 163K ins A2019-14 s 22\nFunctions of advisory board\ns 163L ins A2019-14 s 22\nMembership of advisory board\ns 163M ins A2019-14 s 22\nAdvisory board—making and ending appointments\ns 163N ins A2019-14 s 22\nAgenda to require disclosure of interest item\ns 163O ins A2019-14 s 22\nDisclosure of interests by members of advisory board\ns 163P ins A2019-14 s 22\n\nProceedings of advisory board\ns 163Q ins A2019-14 s 22\nProtection of members of advisory board from liability\ns 163R ins A2019-14 s 22\nCommunity contributions\npt 12 hdg sub A2018-45 s 72\nDefinitions—pt 12\ns 164 am A2007-40 s 18; A2011-24 s 22; A2013-19 amdt 3.177\ndef Chief Minister’s Charitable Fund ins A2018-45 s 72\ndef community ins A2018-45 s 72\ndef community purpose ins A2018-45 s 72\ndef community purpose contribution ins A2018-45 s 72\ndef contribution ins A2018-45 s 72\ndef contribution information ins A2018-45 s 72\ndef COVID-19 emergency ins A2020-14 amdt 1.71\ndef emergency declaration ins A2020-11 amdt 1.37\nom A2020-14 amdt 1.72\ndef minimum community contribution ins A2018-45 s 72\ndef recipient ins A2018-45 s 72\nom A2019-14 s 23\ndef reporting year ins A2018-45 s 72\ndef tax period ins A2018-45 s 72\nMeaning of community etc—pt 12\ns 165 am A2015-21 s 92\nMeaning of community purpose etc—pt 12\ns 166 sub A2018-45 s 72\nam A2019-14 s 24; A2020-9 s 16, s 17; A2020-11\namdts 1.38-1.41; pars renum R44 LA; A2020-14\namdts 1.73-1.75; A2023-28 s 5\n(1), def community purpose, par (d), (1), def community\npurpose contribution, par (b) (ii), (2A), (4) and example\npars renum R60 LA\nEmergency community purpose contribution declaration\ns 166A ins A2020-11 amdt 1.42\nam A2020-14 amdt 1.76\n\nClub refuge declaration\ns 166B ins A2023-28 s 6\nMinimum community contribution—clubs\ns 167 sub A2018-45 s 72\nam A2019-14 s 25; ss renum R42 LA\nsub A2020-9 s 18\n(8), (9) exp 8 April 2022 (s 167 (9))\nMinimum community contribution—licensees other than clubs\ns 168 sub A2018-45 s 72\nPayment of community contributions for a tax period\ns 169 am A2011-3 amdt 3.218; A2011-24 s 23\nam A2020-9 s 19\nLicensee must engage with community—clubs\ns 170 sub A2016-45 s 26; A2018-45 s 72\nCommunity purpose contributions—record keeping by clubs\ns 171 sub A2018-45 s 72\nProblem gambling community contributions\ns 171A ins A2007-40 s 19\nam A2011-24 s 24; ss renum R16 (RI) LA\nom A2018-45 s 72\nCommunity purpose contributions—reporting by clubs\ns 172 sub A2018-45 s 72\nam A2019-14 s 26; A2020-9 ss 20-24; A2020-14 amdt 1.77,\namdt 1.78\n(2A) exp 29 September 2024 (s 172C)\nCommunity contributions—commission must publish summary\ns 172A ins A2018-45 s 72\nam A2019-14 s 27, s 28; A2020-9 s 25, s 26\nCommunity contribution shortfall tax\ns 172B ins A2018-45 s 72\nam A2019-14 s 29, s 30; A2020-9 s 27, s 28; ss renum R44\nLA\n(5), (6) exp 8 April 2022 (s 172B (6))\nExpiry—COVID-19 emergency amendments\ns 172C ins A2020-14 amdt 1.79\n\nNotification and review of decisions\npt 13 hdg sub A2008-37 amdt 1.212\nMeaning of reviewable decision—pt 13\ns 173 sub A2008-37 amdt 1.212\nReviewable decision notices\ns 173A ins A2008-37 amdt 1.212\nApplications for review\ns 173B ins A2008-37 amdt 1.212\npt 13A hdg ins A2015-21 s 83\nMeaning of notifiable action\ns 173C ins A2015-21 s 83\ns 173D ins A2015-21 s 83\nNotifiable actions—date of effect\ns 173E ins A2015-21 s 83\nNotifiable actions—amendment or cancellation\ns 173F ins A2015-21 s 83\nNotifiable actions under s 37F\ns 173G ins A2015-21 s 83\nNotifiable actions under div 6.10—disposal of gaming machines\ns 173H ins A2015-21 s 83\nNotifiable actions under div 6.10—trading of class B authorisations\ns 173I ins A2015-21 s 83\nMiscellaneous\npt 14 hdg exp 1 November 2005 (s 189)\nins A2008-37 amdt 1.212\nLicences and authorisations etc are not personal property—PPS Act\ns 174A hdg sub A2018-45 s 73\ns 174A ins A2015-21 s 84\nam A2018-45 s 74\nCanberra Airport\ns 175 am A2015-21 s 85\nEvidentiary certificates\ns 176 am A2015-21 s 86\n\nDetermination of fees\ns 177 am A2011-3 amdt 3.219; A2025-29 amdt 4.82\nRegulation-making power\ns 178 am A2017-25 s 6; A2018-45 s 75; A2025-29 amdt 4.82\nReview of trading scheme\ns 179 om LA s 89 (3)\nins A2015-21 s 87\nam A2018-45 s 76; A2025-2 s 8, s 9\nexp 31 December 2027 (s 179 (2))\nReview of gaming machine tax rebate\ns 179A ins A2017-24 s 18\nsub A2020-9 s 29\nam A2022-21 s 14, s 15; A2023-42 s 42, s 43\nexp 30 June 2024 (s 179A (2))\nDefinitions for pt 14\ns 180 exp 1 November 2005 (s 189)\nLicences\ns 181 exp 1 November 2005 (s 189)\nClubs\ns 182 exp 1 November 2005 (s 189)\nRules and control procedures\ns 183 exp 1 November 2005 (s 189)\nDisciplinary proceedings under former gaming Act\ns 184 exp 1 November 2005 (s 189)\nApprovals under former gaming Act\ns 185 exp 1 November 2005 (s 189)\nLinked-jackpot arrangements\ns 186 exp 1 November 2005 (s 189)\nClubs not required to be corporations for s 146\ns 187 exp 1 November 2005 (s 189)\nClubs with too many life members for s 146\ns 188 exp 1 November 2005 (s 189)\nExpiry of pt 14\ns 189 exp 1 November 2005 (s 189)\nTransitional—Gaming Machine (Reform) Amendment Act 2015\npt 20 hdg ins A2015-21 s 88\n\nDefinitions—pt 20\ns 300 ins A2015-21 s 88\ndef commencement day ins A2015-21 s 55\ndef old licence ins A2015-21 s 55\ndef old licence application ins A2015-21 s 55\nOld licences—class B gaming machines\ns 301 ins A2015-21 s 88\nOld licences—class C gaming machines\ns 302 ins A2015-21 s 88\nClass B gaming machines—application\ns 303 ins A2015-21 s 88\nClass C gaming machines—application\ns 304 ins A2015-21 s 88\nLarge-scale machine relocation amendment application\ns 305 ins A2015-21 s 88\nIn-principle approval application\ns 306 ins A2015-21 s 88\nApplication to transfer in-principle approval\ns 307 ins A2015-21 s 88\nApplication for extension of in-principle approval\ns 308 ins A2015-21 s 88\nApplication to convert in-principle approval to licence\ns 309 ins A2015-21 s 88\nApplication to convert in-principle approval to new venue amendment\ns 309A ins as mod SL2004-30 mod 1.1 (as ins by SL2015-27 s 30)\nmod lapsed 1 September 2016 (SL2004-30 mod 1.1 om by\nA2016-45 s 33)\nins A2016-45 s 27\n\nTemporary storage amendment application\ns 309B ins as mod SL2004-30 mod 1.1 (as ins by SL2015-27 s 30)\nmod lapsed 1 September 2016 (SL2004-30 mod 1.1 om by\nA2016-45 s 33)\nins A2016-45 s 27\nTransitional regulations\ns 310 ins A2015-21 s 88\nExpiry—pt 20\ns 311 ins A2015-21 s 88\nTransitional—Gaming Machine Amendment Act 2017\npt 21 hdg ins A2017-24 s 19\nApplication of GMT rebate\ns 312 ins A2017-24 s 19\nExpiry—pt 21\ns 313 ins A2017-24 s 19\nTransitional—Gaming Legislation Amendment Act 2018\npt 22 hdg ins A2018-45 s 78\nsub A2019-42 amdt 3.15\nCommunity contributions—clubs with reporting year beginning before and\nending after 1 July 2019\ns 314 ins A2018-45 s 78\nsub A2019-14 s 31\nam A2020-9 s 30, s 31; ss renum R44 LA\nCommunity contributions—clubs with reporting year beginning before\ns 314A ins A2019-14 s 31\nTransitional regulations\ns 315 ins A2018-45 s 78\nam A2019-42 amdt 3.16\nExpiry—pt 22\ns 316 ins A2018-45 s 78\n\nReviewable decisions\nsch 1 am A2007-40 s 20; items renum R9 LA\nsub A2008-37 amdt 1.213\nam A2011-24 s 25; items renum R16 (RI) LA; A2011-24 s 26;\nitems renum R19 LA; A2012-42 s 30, s 31; items renum\nR20 LA; A2014-5 s 9; items renum R25 LA; A2014-56 s 21;\nitems renum R27 LA\nsub A2015-21 s 89\nam A2017-24 s 20; items renum R37 LA; A2018-45 s 79;\nA2022-8 s 169, s 170; A2024-1 s 19; items renum R56 LA\nsch 2 om LA s 89 (3)\nins A2015-21 s 90\nam A2018-45 s 80; items renum R41 LA\ndict am A2008-37 amdt 1.214; amdt 1.215\nam A2015-33 amdt 1.97; A2018-45 s 81; A2024-1 s 20\ndef acquire sub A2015-21 s 91\ndef acquisition approval application om A2013-19\namdt 3.178\ndef advisory board ins A2019-14 s 32\ndef approval ins A2015-21 s 91\ndef approval certificate sub A2014-56 s 22; A2015-21 s 91\ndef approval-holder ins A2012-42 s 32\nom A2024-1 s 21\ndef approved attendant om A2014-56 s 23\ndef approved gaming machine om A2013-19 amdt 3.179\ndef approved supplier sub A2015-21 s 91; A2022-8 s 171\ndef approved technician sub A2015-21 s 91\ndef assessment ins A2024-50 s 8\ndef associated entity om A2013-19 amdt 3.180\ndef associated organisation sub A2015-21 s 91\ndef associated organisation declaration ins A2011-24 s 27\ndef association number ins A2015-21 s 91\ndef authorisation ins A2015-21 s 91\ndef authorisation certificate ins A2017-24 s 21\ndef authorisation certificate amendment application ins\nA2015-21 s 91\ndef authorisation certificate application ins A2015-21 s 91\ndef authorisation certificate number ins A2015-21 s 91\ndef authorisation number ins A2015-21 s 91\ndef authorisation schedule ins A2015-21 s 91\ndef authorised officer sub A2015-21 s 91\n\ndef authorised premises ins A2015-21 s 91\ndef cancelled ins A2015-21 s 91\ndef cap on authorisations ins A2018-45 s 82\nins A2024-50 s 8\ndef cash facility ins A2017-25 s 7\ndef casino licensee ins A2017-42 amdt 3.17\ndef census day ins A2018-45 s 82\nsub A2024-50 s 9\ndef centralised monitoring system sub A2015-21 s 91\ndef certificate of suitability om A2015-21 s 91\ndef charitable organisation om A2013-19 amdt 3.181\ndef Chief Minister’s Charitable Fund ins A2018-45 s 83\ndef class B gaming machine sub A2015-21 s 91\ndef class B licence ins A2015-21 s 91\ndef class B licence and authorisation certificate\napplication ins A2015-21 s 91\ndef class B licensee ins A2015-21 s 91\ndef class C gaming machine sub A2015-21 s 91\ndef class C licence ins A2015-21 s 91\ndef class C licence application ins A2015-21 s 91\ndef class C licensee ins A2015-21 s 91\ndef club sub A2015-21 s 91\nam A2017-24 s 22\ndef club group ins A2017-24 s 23\ndef club refuge declaration ins A2023-28 s 7\ndef CMS sub A2015-21 s 91\ndef commission sub A2005-26 s 10; A2015-21 s 91\ndef community ins A2018-45 s 83\ndef community contribution sub A2015-21 s 9\nom A2018-45 s 84\ndef community contribution shortfall tax sub A2015-21\ns 91; A2018-45 s 85\nom A2019-14 s 33\ndef community purpose ins A2018-45 s 86\ndef community purpose contribution ins A2018-45 s 86\ndef compulsory surrender day ins A2018-45 s 87\nom A2024-50 s 10\ndef compulsory surrender period ins A2018-45 s 87\ndef computer cabinet sub A2015-21 s 91\ndef computer cabinet access register ins A2014-56 s 24\ndef constitution sub A2015-21 s 91\ndef contribution sub A2015-21 s 91; A2018-45 s 88\ndef contribution information ins A2018-45 s 89\ndef Control Act sub A2015-21 s 91\n\ndef control procedures sub A2015-21 s 91\ndef corporation sub A2015-21 s 91\ndef COVID-19 emergency ins A2020-14 amdt 1.80\ndef current licensee om A2015-21 s 91\ndef decrease machines amendment ins A2012-42 s 33\ndef disciplinary action sub A2013-19 amdt 3.182; A2015-21\ns 91; A2018-45 s 90\ndef disciplinary notice sub A2013-19 amdt 3.182; A2015-21\ns 91\ndef dispose of sub A2015-21 s 91; A2018-45 s 90\ndef diversification and sustainability support fund ins\nA2019-14 s 34\ndef eligible club sub A2015-21 s 91\ndef eligible object sub A2015-21 s 91\ndef eligible person sub A2015-21 s 91\ndef emergency declaration ins A2020-11 amdt 1.43\nom A2020-14 amdt 1.81\ndef employ sub A2015-21 s 91\ndef executive officer sub A2015-21 s 91\ndef external administrator ins A2015-21 s 91\ndef final ins A2015-21 s 91\ndef financial arrangement am A2013-19 amdt 3.183\nom A2014-5 s 10\ndef first compulsory surrender day ins A2018-45 s 91\nom A2024-50 s 10\ndef gambling harm prevention and mitigation fund ins\nA2018-45 s 92\ndef game sub A2015-21 s 91\ndef gaming area sub A2012-42 s 34; A2015-21 s 91\ndef gaming area amendment ins A2015-21 s 91\ndef gaming law ins A2011-24 s 27\ndef gaming machine pars renum R13 LA\ndef gaming machine tax sub A2015-21 s 91\ndef gaming rules ins A2015-21 s 91\ndef general licence sub A2010-43 amdt 1.17; A2015-21 s 91\ndef general purpose ins A2015-21 s 91\ndef GMT rebate ins A2017-24 s 23\ndef GM undertaking ins A2018-45 s 93\ndef gross revenue sub A2015-21 s 91\ndef ground for disciplinary action sub A2013-19\namdt 3.184; A2015-21 s 91; A2018-45 s 94\ndef incoming licensee ins A2015-21 s 91\ndef incorporated association sub A2015-21 s 91\n\ndef increase maximum amendment ins A2015-21 s 91\ndef influential person sub A2015-21 s 91\ndef initial licence application sub A2013-19 amdt 3.185\ndef inoperable ins A2018-45 s 95\ndef in-principle approval ins A2012-42 s 35\ndef in-principle authorisation certificate ins A2015-21 s 91\nom A2024-1 s 21\ndef inquiry om A2013-19 amdt 3.186\ndef inspection notice ins A2015-21 s 91\ndef interim purpose ins A2015-21 s 91\ndef jackpot sub A2015-21 s 91\ndef large-scale machine relocation amendment ins\ndef licence am A2013-19 amdt 3.187; pars renum R22 LA\npar (b) exp 20 February 2028 (s 56 (2))\ndef licence amendment application sub A2013-19\namdt 3.188\ndef licence amendment application om A2015-21 s 91\ndef licence number ins A2015-21 s 91\ndef licensed premises om A2015-21 s 91\ndef licensee om A2015-21 s 91\nins A2018-45 s 95\nins A2024-50 s 11\ndef licensee’s name ins A2015-21 s 91\ndef life member sub A2015-21 s 91\ndef linked jackpot sub A2015-21 s 91\ndef linked-jackpot arrangement sub A2015-21 s 91\ndef local jurisdiction sub A2015-21 s 91\ndef machine access register om A2014-56 s 25\ndef maintain sub A2015-21 s 91\ndef maximum number ins A2015-21 s 91\ndef member sub A2015-21 s 91; A2016-45 s 28\ndef minimum community contribution ins A2018-45 s 96\ndef minor licence amendment application ins A2015-21\ns 91\ndef Molonglo Valley ins A2024-1 s 22\ndef multi-user permit sub A2015-21 s 91\ndef net revenue am A2005-26 s 11\ndef new venue amendment ins A2012-42 s 35\n\ndef notifiable action ins A2015-21 s 91\ndef officer sub A2015-21 s 91\ndef on licence sub A2010-43 amdt 1.18; A2015-21 s 91\ndef operator om A2013-19 amdt 3.189\ndef outgoing licensee ins A2015-21 s 91\ndef percentage payout sub A2015-21 s 91\ndef peripheral equipment sub A2015-21 s 91\ndef permit ins A2015-21 s 91\nom A2018-45 s 97\ndef permit-holder sub A2015-21 s 91\ndef pool of available gaming machines (or pool) ins\ndef premises relocation amendment ins A2015-21 s 91\ndef prescribed number of days ins A2015-21 s 91\ndef problem gambling assistance fund ins A2010-52 s 5\nom A2018-45 s 98\ndef properly completed ins A2015-21 s 91\ndef proposed gaming area am A2012-42 s 36\ndef prospective licensee om A2015-21 s 91\ndef qualified accountant am A2011-27 amdt 1.10\nom A2013-19 amdt 3.190\ndef quarantined authorisation ins A2015-21 s 91\ndef quarantined gaming machine ins A2015-21 s 91\ndef quarantine period ins A2015-21 s 91\ndef quarantine permit ins A2015-21 s 91\ndef recipient ins A2018-45 s 100\ndef registered party sub A2015-21 s 91\ndef relevant premises om A2013-19 amdt 3.191\ndef reporting year ins A2018-45 s 100\ndef repossession sub A2015-21 s 91\ndef required community contribution sub A2015-21 s 91\nom A2018-45 s 101\ndef required documents ins A2015-21 s 91\ndef reviewable decision ins A2008-37 amdt 1.216\ndef rules om A2015-21 s 91\ndef rural lease ins A2024-1 s 22\ndef second compulsory surrender day ins A2018-45 s 102\nom A2024-50 s 12\ndef secretary sub A2015-21 s 91\n\ndef short-term approval sub A2014-56 s 26; A2015-21 s 91\ndef signed-in guest ins A2016-45 s 29\ndef small or medium club ins A2017-24 s 23\ndef small or medium club group ins A2017-24 s 23\ndef small-scale machine relocation amendment ins\ndef social impact assessment sub A2015-21 s 91;\nA2024-1 s 23\ndef statement of objects sub A2015-21 s 91\ndef storage period ins A2015-21 s 91\ndef storage permit ins A2015-21 s 91\ndef storage rules ins A2015-21 s 91\ndef stored authorisation ins A2015-21 s 91\ndef stored gaming machine ins A2015-21 s 91\ndef structural change amendment ins A2012-42 s 35\ndef surrendered authorisation ins A2018-45 s 102\nom A2024-50 s 12\ndef surrender obligation ins A2018-45 s 102\nins A2024-50 s 13\ndef tax law ins A2015-21 s 91\nom A2017-24 s 24\ndef tax period ins A2017-24 s 25\nsub A2018-45 s 103\ndef technical amendment ins A2012-42 s 35\ndef technical evaluation sub A2015-21 s 91\ndef temporary member ins A2016-45 s 29\ndef temporary storage amendment ins A2012-42 s 35\ndef undertaking ins A2018-45 s 104\ndef undeveloped area ins A2024-1 s 24\ndef venue relocation amendment ins A2012-42 s 35\ndef voluntary surrender agreement ins A2018-45 s 104\ndef voluntary surrender day ins A2018-45 s 104\ndef voluntary surrender notice ins A2018-45 s 104\n\ndef warning notice ins A2011-24 s 27\nsub A2013-19 amdt 3.192; A2015-21 s 91\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\n1 Nov 2004\n1 Nov 2004–\n13 Apr 2005\nnot amended new Act\n14 Apr 2005\n14 Apr 2005–\nA2005-17 amendments by\nA2005-17\n1 July 2005–\n1 Nov 2005\nA2005-26 amendments by\nA2005-26\n2 Nov 2005\n2 Nov 2005–\n1 Feb 2006\nA2005-26 commenced\nexpiry\n2 Feb 2006\n2 Feb 2006–\n30 Apr 2006\nA2005-26 commenced\nexpiry\n1 May 2006–\nA2006-2 amendments by\nA2006-2\n1 June 2007–\nA2007-14 amendments by\nA2007-14\n1 July 2007–\n4 Dec 2007\nA2007-14 amendments by\nA2005-26\n5 Dec 2007\n5 Dec 2007–\nA2007-40 amendments by\nA2007-40\n4 June 2008–\n25 Aug 2008\nA2007-40 amendments by\nA2007-40\n26 Aug 2008\n26 Aug 2008-\n1 Feb 2009\nA2008-28 amendments by\nA2008-28\n2 Feb 2009\n2 Feb 2009–\n16 Dec 2009\nA2008-37 amendments by\nA2008-37\n\nEarlier republications 5\nfor\n17 Dec 2009\n17 Dec 2009–\n30 Nov 2010\nA2009-49 amendments by\nA2009-49\n1 Dec 2010\n1 Dec 2010–\n28 Feb 2011\nA2010-43 amendments by\nA2010-43\n1 Mar 2011\n1 Mar 2011–\nA2011-3 amendments by\nA2011-3\n1 July 2011–\n12 Sept 2011\nA2011-3 amendments by\nA2010-52\nR16 (RI)\n1 July 2011–\n12 Sept 2011\nA2011-3 reissued for\nretrospective\namendments by\nA2011-24\n13 Sept 2011\n13 Sept 2011–\nA2011-27 amendments by\nA2011-27\n28 May 2012–\nA2012-2 amendments by\nA2012-2\n1 July 2012–\n31 Dec 2012\nA2012-2 amendments by\nA2011-24\n1 Jan 2013\n1 Jan 2013–\n27 Mar 2013\nA2012-50 amendments by\nA2012-42 and\nA2012-50\n28 Mar 2013\n28 Mar 2013–\nA2013-9 amendment by\nA2013-9\n14 June 2013–\n21 Aug 2013\nA2013-19 amendments by\nA2013-19\n22 Aug 2013\n22 Aug 2013–\n31 Jan 2014\nA2013-29 republication for\nupdated endnotes\nA2013-29\n1 Feb 2014\n1 Feb 2014–\nA2013-29 amendments by\nA2012-42\n(as amended by\nA2013-29 s 4) and\nA2012-50\n\nfor\n28 Mar 2014\n28 Mar 2014–\n6 Nov 2014\nA2014-5 amendments by\nA2014-5\n7 Nov 2014\n7 Nov 2014–\n4 Dec 2014\nA2014-47 amendments by\nA2014-47\n5 Dec 2014\n5 Dec 2014–\n28 Feb 2015\nA2014-56 amendments by\n1 Mar 2015\n1 Mar 2015–\nA2014-56 amendments by\n3 June 2015–\nA2015-16 amendments by\nA2015-16\n1 July 2015–\n30 Aug 2015\nA2015-21 amendments by\nA2015-21\n31 Aug 2015\n31 Aug 2015–\n13 Oct 2015\nA2015-21 amendments by\nA2015-21 and\nmodifications by\nSL2004-30 as\namended by\nSL2015-27\n14 Oct 2015\n14 Oct 2015–\n8 Dec 2015\nA2015-33 amendments by\nA2015-33\n9 Dec 2015\n9 Dec 2015–\n26 Apr 2016\nA2015-50 amendments by\nA2015-50\n27 April 2016–\n31 Aug 2016\nA2016-18 amendments by\nA2016-18\n1 Sept 2016\n1 Sept 2016–\nA2016-45 amendments by\nA2016-45\n1 July 2017–\n31 Aug 2017\nA2017-14 amendments by\nA2017-14\n1 Sept 2017\n1 Sept 2017–\nA2017-25 amendments by\nA2017-24 and\nA2017-25\n13 May 2018–\nA2017-42 amendments by\nA2017-42\n15 June 2018–\nA2018-21 amendments by\nA2018-21\n\nEarlier republications 5\nfor\n2 July 2018–\n10 Dec 2018\nA2018-21 expiry of\nprovisions (pt 21)\n11 Dec 2018\n11 Dec 2018–\nA2018-45 amendments by\nA2018-45\n1 July 2019–\n13 Nov 2019\nA2019-14 amendments by\nA2018-45 and\nA2019-14\n14 Nov 2019\n14 Nov 2019–\n7 Apr 2020\nA2019-42 amendments by\nA2019-42\n8 Apr 2020\n8 Apr 2020–\nA2020-11 amendments by\nA2020-9 and\nA2020-11\n14 May 2020–\nA2020-14 amendments by\nA2020-14\n1 July 2020–\nA2020-14 amendments by\nA2020-9\n2 July 2020–\n2 Sept 2020\nA2020-14 expiry of\nprovisions (pt 22)\n3 Sept 2020\n3 Sept 2020–\n31 Dec 2020\nA2020-42 amendments by\nA2020-42\n1 Jan 2021\n1 Jan 2021–\n8 Apr 2022\nA2020-42 expiry of\n(divs 2A.3 and\n2A.4)\n9 Apr 2022\n9 Apr 2022–\nA2020-42 expiry of\n(s 163H (5), (6),\ns 167 (8), (9),\ns 172B (5), (6))\n12 May 2022–\n9 Dec 2022\nA2022-8 amendments by\nA2022-8\n10 Dec 2022\n10 Dec 2022–\n8 Nov 2023\nA2022-21 amendments by\nA2022-21\n\nfor\n9 Nov 2023\n9 Nov 2023–\n26 Nov 2023\nA2023-42\n27 Nov 2023\n27 Nov 2023–\n6 Jan 2024\nA2023-36\n7 Jan 2024\n7 Jan 2024–\n19 Feb 2024\nA2023-28\n20 Feb 2024\n20 Feb 2024–\n1 Apr 2024\nA2024-1 amendments by\nA2024-1\n2 Apr 2024\n2 Apr 2024–\nA2024-1 expiry of\n(s 10G, s 10U (2))\n1 July 2024–\n19 Sept 2024\nA2024-1 expiry of provision\n(s 179A)\n20 Sept 2024\n20 Sept 2024–\n29 Sept 2024\nA2024-50 amendments by\nA2024-50\n30 Sept 2024\n30 Sept 2024–\n26 Feb 2025\nA2024-50 expiry of certain\nprovisions in pt 12\n27 Feb 2025\n27 Feb 2025–\n20 Mar 2025\nA2025-2 amendments by\nA2025-2\n21 Mar 2025\n21 Mar 2025–\nA2025-3 amendments by\nA2025-3\n1 July 2025–\n15 Dec 2025\nA2025-19 amendments by\nA2025-19\n16 Dec 2025\n16 Dec 2025–\n31 Dec 2025\nA2025-29 amendments by\nA2025-29\n\nExpired transitional or validating provisions 6\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":279}],"analysis":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Yes. The Act has expanded beyond a technical machine‑safety and licensing statute to include economic re‑structuring, taxation and directed spending mechanisms. Additions over time (notably Parts 2A, 6A, 11 and 12 and the diversification fund in div 11.3) introduce a trading scheme for authorisations, compulsory/voluntary surrender arrangements (Part 2A, ss 10A–10H), a detailed storage and trading regime (div 6A.6–6A.7, ss 127E–127ZF), multiple interlocking revenue streams (gaming machine tax, GMT rebates, gambling harm prevention levies, and a diversification & sustainability fund — Parts 11 and 11.3), and minimum community contribution obligations (Part 12, ss 166–172). Mechanically, these additions shift the Act’s scope from purely safety/operation/regulation of machines to active management of the size and distribution of machine authorisations, redistribution of revenue for public purposes, and targeted support for club diversification. The statute therefore now blends licensing and technical regulation with fiscal policy, public‑funding mechanisms and market‑shaping rules (for example: forfeiture on trading s 127F, required payments s 163A, diversification fund s 163F, compulsory surrender measures in Part 2A)."},"complexity_factors":["Extensive length and structure: many Parts, Divisions and Subdivisions (Parts 1–14, plus multiple specialised divisions such as 2A, 6A and 11.3).","Large dictionary and defined‑term network: numerous defined terms that cross‑refer to other ACT and Commonwealth Acts (eg. Liquor Act, Control Act, Corporations Act, Criminal Code, PPS Act).","Multiple cross‑references and delegated instruments: frequent reliance on regulations, disallowable instruments and Minister/Commission powers (eg. ss 12, 66, 127K, 163J, 177).","Conditional and time‑limited provisions: several temporary or expiring regimes (Part 2A surrender provisions with expiry at s 10T; other transitional provisions in endnotes).","Complex trading and storage logic: detailed, conditional rules governing trading (s 127F grouping/forfeiture, ss 127ZB–127ZC storage‑permit trading procedure), storage permits (ss 127N–127ZF) and disposal (ss 112–113A).","Interlocking financial schemes: three different payment streams and offsets—gaming machine tax and GMT rebate (ss 159, 162A–D), gambling harm prevention payments (ss 163A–163C) and the Diversification & Sustainability Support Fund (ss 163F–163I), plus community contribution rules (Part 12).","Public consultation and social impact assessment requirements: mandatory social impact assessments and 6‑week public comment periods for significant moves/expansions (ss 12–13, 34–36).","Extensive disciplinary and enforcement regime: broad grounds for disciplinary action, high maximum penalties including percentage‑based financial penalties (s 58), plus many strict‑liability offences (various sections).","Numbered reviewable/notifiable lists: Schedule 1 lists 47 reviewable decisions; Schedule 2 lists 8 notifiable actions that trigger specific timing and information obligations (Schedules 1–2)."],"plain_english_summary":"**What this law does (mechanics first)\n\n- Creates a licensing and authorisation system for commercial gaming machines in the ACT. There are two main licence classes: Class B (older-style draw‑poker machines) and Class C (modern machines). A licence lets an operator hold authorisation certificates for a set number of machines at specified premises; each authorisation is identified in an authorisation schedule (see Part 2B, esp. ss 15–30, 21–27).\n\n- Controls who may hold licences and authorisations. Individuals and corporations must meet eligibility tests (age, criminal and insolvency checks, financial/ audit signals for corporations). The Gambling & Racing Commission has discretion to treat otherwise‑disqualified people as eligible in the public interest (ss 6–8).  \n\n- Approves machines, suppliers and technicians. Gaming machines and peripheral devices must be approved before supply/use, suppliers must be approved corporations, and technicians must be accredited (Part 6, ss 68–84). Approved technicians must keep records of when they open computer cabinets (s 71).\n\n- Regulates installation, operation and maintenance. The Act sets rules for installation, percentage payouts, sealing of computer cabinets, meter readings, centralised monitoring and many operational conditions on licences (Part 3, Part 6A, ss 43–47, 66, 120–127).\n\n- Sets offences and penalties for unauthorised possession, operation, interference and breaches of licence conditions. Many are strict‑liability offences with fines and, for some offences, imprisonment (see Parts 3, 6A; e.g. ss 98, 103–105, 129–131).\n\n- Introduces a regulated trading and storage system for authorisations and machines. Licensees may trade authorisations under rules that include a forfeiture requirement (acquisitions normally in groups of 4 trigger forfeiture of 1 authorisation) and a detailed storage‑permit regime for machines and their authorisations (Part 6A div 6A.6 and div 6A.7, ss 127E–127ZF).\n\n- Contains a cap‑reduction and surrender regime. A special Part (2A) implements voluntary surrender agreements and offsets and contains time‑limited provisions linked to reducing the overall cap on authorisations (ss 10A–10H; expiry rules at s 10T).\n\n- Requires social impact assessments and public notice for some new or relocations of gaming authorisations, and provides public consultation windows (ss 12–13; ss 34–36 for amendments when premises move suburbs).\n\n- Imposes taxes, levies and directed payments. Key financial measures include: a gaming machine tax on gross revenue (ss 159–161); a rebate for small/medium clubs (ss 162A–162D); mandatory contributions to a Gambling Harm Prevention & Mitigation Fund (ss 163A–163C); and a Diversification & Sustainability Support Fund for clubs (div 11.3, ss 163F–163I). The Minister and regulations can set some percentages and fees (ss 163A(3), 177).\n\n- Requires minimum community contributions by licensees. Clubs must make minimum contributions (percentages of net revenue) and report in annual reports; there is a tax for shortfalls (Part 12, ss 166–172B).\n\n- Empowers the Gambling & Racing Commission and the Minister. The Commission makes most licensing, approval, disciplinary and operational decisions, maintains registers, may accept enforceable undertakings and can take disciplinary action up to licence cancellation and high financial penalties (Part 3A, Part 4, ss 55B, 58, 62). The Minister sets some policy levers and disallowable instruments (e.g. some rates, funding guidelines; ss 163A(3), 163J, 177).\n\n- Provides for review and notification. Many actions are \"notifiable\" (s 173C and Schedule 2) and certain Commission decisions are reviewable by ACAT (s 173B and Schedule 1).\n\nWhy it matters (official purpose-claims, then practical effects and trade-offs)\n\n- The Act’s stated objects include regulating machines, minimising gambling harm, ensuring proper governance of clubs and managing the size and distribution of machine authorisations (see especially the trading‑scheme objectives in s 127A and the harm‑fund provisions s 163C). Those are policy claims; the statutory mechanics to achieve them are payments, reporting obligations, public consultation and hard limits on authorisations.\n\n- Who pays: licensees (clubs and commercial operators) bear most costs — taxes (s 159), required fund contributions (s 163A), compulsory community contributions (s 167–168), reporting/audit costs (s 158) and compliance costs from approvals, social impact assessments and storage/trading rules (ss 22–23, 12–13, 127N–127ZF).\n\n- Who decides: the Gambling & Racing Commission is the principal regulator with broad discretionary power over approvals, conditions, disciplinary action, permits, and many technical rules (e.g. ss 23, 69, 108, 127P, 136). The Minister retains targeted policy levers (fees, percentages, guidelines; ss 163A(3), 163J, 177).\n\n- Behaviour changes the law induces: operators will adjust the number/location of machines; trade or surrender authorisations (trading rules and forfeiture at s 127F); undertake social impact work and public consultation for relocations (ss 12–13); use storage permits rather than immediate disposal (div 6A.7); and alter business and accounting practices to meet audit, reporting and community‑contribution rules (ss 158, 172).\n\n- Concentrated benefits and potential trade-offs: the trading and surrender architecture concentrates value in tradable authorisations and grants the Commission wide discretion over transfers and storage (s 127ZB et seq., s 37E). The law also creates funds (harm mitigation and diversification) that redistribute parts of machine revenues away from licensees to public purposes (ss 163A, 163H). That changes the economics of operating machines: tax/levy rates, minimum contributions and forfeiture rules materially affect margins and future investment decisions.\n\n- Compliance and implementation costs: the Act imposes detailed administrative duties — audits, monthly returns, installation certificates and meter readings, notifications and storage‑permit regimes (ss 45–46, 100, 158, 127O–127T). The Commission must operationalise many technical rules, publish registers and run consultations (ss 66, 13, 173A). These are real recurrent costs for both industry and the regulator.\n\n- Implementation risks and discretion: many outcomes turn on Commission and Ministerial decisions (approvals, conditions, percentages, permit issuance, disciplinary action). The Act uses a mixture of prescriptive rules and broad discretionary powers (eg. ss 23, 69, 127P, 136). That creates operational levers but also means administrative capacity and clear decision‑making processes will be important to keep outcomes predictable.\n\nKey statutory references (examples): licences and authorisations (Part 2B, ss 15–37), trading & forfeiture rules (div 6A.6, ss 127E–127F), storage permit regime (div 6A.7, ss 127N–127ZF), taxes & funds (Part 11, ss 159–163H), community contributions (Part 12, ss 166–172), social impact assessments & public notice (ss 12–13), disciplinary powers & penalties (Part 4, ss 57–65A).\n\nBottom line in one sentence: The Act establishes a comprehensive, administratively detailed regulatory and fiscal regime that licenses, restricts, taxes and controls trading of gaming‑machine authorisations, while creating directed funding streams for harm prevention and club diversification, and giving the Commission broad operational discretion to implement those controls (see Parts 2B, 6A, 11–12, 4)."},"kimi_summary":{"_metrics":{"completionTokens":837},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has grown significantly from its original 2004 form. Major expansions include: (1) Part 2A voluntary surrender scheme (2018) and Part 2A.3 compulsory surrender scheme (2024) to reduce machine caps; (2) Part 3A enforceable undertakings (2018); (3) Part 11.3 diversification and sustainability support fund with advisory board (2015); (4) Enhanced community contribution requirements with detailed reporting (2015 onwards); (5) Casino electronic gaming integration (2017); (6) Club refuge provisions (2023). The original focus on licensing and operation has expanded to include economic restructuring, harm prevention funding, and club governance."},"complexity_factors":["179 sections across 14 parts plus 2 schedules","Extensive cross-referencing to the Gambling and Racing Control Act 1999, Liquor Act 2010, Criminal Code, and Corporations Act","47+ defined terms in the dictionary, many with nested definitions (e.g. 'influential person' includes 'influential owner' which has its own technical definition)","Multiple conditional licensing pathways (Class B vs Class C, clubs vs non-clubs, in-principle approvals now repealed)","Complex financial calculations for tax rebates (GMT rebates) with pro-rata adjustments and tiered thresholds ($4M revenue triggers)","Nested exceptions and savings provisions, including expired transitional provisions for voluntary surrenders and compulsory surrenders with different expiry dates","Strict liability offences mixed with fault-based offences requiring different mental states","Regulation-making powers throughout that delegate substantive detail to subordinate legislation","Multi-layered disciplinary action framework with 7 possible sanctions and detailed procedural requirements","Trading scheme with 4:1 forfeiture mathematics and storage permit conditions"],"plain_english_summary":"The Gaming Machine Act 2004 (ACT) sets a licensing and regulatory regime for poker and electronic gaming in the ACT, governing who may operate machines, how many may be used, and how they’re taxed. It imposes strict eligibility checks, harm‑minimisation measures (signage, ATM limits, bans on credit and children in gaming areas), mandatory community and harm‑prevention payments, and a tradable authorisation scheme with a 4‑for‑1 surrender rule. It affects clubs, hotels, the casino, suppliers and technicians, balancing industry activity with gambling‑harm reduction."}},"importantCases":[],"_links":{"self":"/api/acts/gaming-machine-act-2004","history":"/api/acts/gaming-machine-act-2004/history","analysis":"/api/acts/gaming-machine-act-2004/analysis","conflicts":"/api/acts/gaming-machine-act-2004/conflicts","importantCases":"/api/acts/gaming-machine-act-2004/important-cases","documents":"/api/acts/gaming-machine-act-2004/documents"}}