Sets small, specific numerical and procedural rules that support the Casino Control Act 1984. The regulations do not rewrite the Act; they fill in detail about amounts, documents, timings and enforcement procedures that the Act leaves to regulation.
Key points and who they affect
Unclaimed winnings: establishes the monetary threshold for "unclaimed winnings" as 99 cents for the purposes of the Act (regulation 3). This affects patrons and casino accounting practices when determining whether sums are treated as unclaimed under section 15 of the Act.
Review fee for exclusion directions: fixes the fee for a person seeking review of a Commission direction that they not enter or remain in a casino at $179 (regulation 4). Individuals seeking review pay this fee.
Exempt class of contract: narrows the statutory definition of a "controlled contract" by exempting contracts that do not relate to gaming technical services (regulation 4A). "Gaming technical services" is defined to mean maintenance or repair of gaming equipment or gaming‑related computer information systems (regulation 4A(2)). This changes which supplier or service contracts fall within the Act’s controlled‑contract rules (section 29A of the Act is engaged by the regulation).
Manuals for casino operation: prescribes the topics that casino management manuals must address — gaming operations; internal management and control; handling and accounting for money, chips, vouchers, cheques, digital currencies and similar things; surveillance and security; and the responsible service of gambling (regulation 5). This sets minimum documentary content that licensees must prepare and keep.
These Regulations update, specify and operationalise discrete procedural and penalty matters under the Casino Control Act 1984 (the Act), and set the form and mechanical details for infringement notice procedures connected to casino regulation. The Regulations do the following, in concrete terms drawn from their text.
Set the short title and defined terms, including a statutory definition of conviction for the Regulations' purposes (regulation 1; reg 2(1)-(2)). The defined meaning of conviction expressly excludes convictions arising from modified penalty procedures or “otherwise not imposed pursuant to any hearing or proceedings” (reg 2(2)).
Prescribe the monetary threshold for unclaimed winnings referred to in s 15(1)(a) and (b) of the Act as 99 cents (regulation 3).
Prescribe the fee payable for review of a direction not to enter or remain in a casino under s 26A(3)(b) of the Act as $179 (regulation 4). The compilation table shows this fee has been subject to multiple updates by amendment (Compilation table and reg 4 amendment list).
Create an exemption relevant to the Act’s definition of “controlled contract”: a contract is exempt from that definition if it does not relate to the provision of gaming technical services (regulation 4A(1)); gaming technical services are defined as services related to maintenance or repair of gaming equipment or gaming-related computer information systems (reg 4A(2)).
Prescribe mandatory topic areas that casino management manuals must address for the purposes of s 24A(1) of the Act: gaming operations; internal management and control (appearing twice in the list at reg 5(b) and 5(d)); handling and accounting for money, chips, vouchers, cheques, digital currencies and similar things; surveillance and security; and the responsible service of gambling (regulation 5).
Current sections
Direct links to the current provisions in Casino Control Regulations 1999.
1
Authorised Version
The authorised version of this legislation is published by the jurisdiction's legislation service. Follow the link below to read or download it from the official source.
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Provision and amendment of manuals: requires a casino licensee to provide its manual, and any Commission‑required amendments, to the Gaming and Wagering Commission within whatever period the Commission specifies in writing. Each failure to provide a manual or an amendment within the period attracts a penalty of up to $25,000 (regulation 6). Practically, the Commission decides the timeframes; licensees must comply or risk the monetary penalty.
Suspicious matter reporting timing: aligns the regulation’s reporting period for suspicious matter reports with the timing under the Commonwealth Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006. The reporting obligation period begins when the licensee’s reporting obligation arises under that Commonwealth Act and ends one business day after the day/time the Commonwealth Act requires the report (regulation 7). This creates a narrow, time‑linked reporting window tied to federal law.
Infringement notices and modified penalties: identifies specific offences (under the Act and under these regulations) that may be dealt with by infringement notice rather than prosecution, and sets out the modified monetary penalties for each offence (regulation 8 and Schedule 1). It also prescribes the form of the infringement notice and the withdrawal notice (regulation 9 and Schedule 2). Offenders can discharge an alleged offence by paying the listed modified penalty within 28 days, or opt for court prosecution by returning the form.
Why this matters (stated purpose and practical effects)
The instrument operationalises enforcement and compliance: it fixes the dollar amounts, document content and time limits that make the Act workable in day‑to‑day casino administration (see regs 3, 4, 5, 6, 7, 8 and Schedules).
Who pays: individuals who pay infringement notices pay the modified penalties listed in Schedule 1; an individual seeking review of an exclusion pays $179 (regulation 4); a licensee that fails to provide a manual or an approved amendment within the Commission’s stated period faces a fine of up to $25,000 (regulation 6). Schedule 1 also lists multiple modified penalties for specified Act offences (e.g. $5,000 for s. 30A, $4,000 for s. 27(1)).
Who decides: the Gaming and Wagering Commission has procedural discretion in key spots — it specifies the period within which a licensee must supply manuals or amendments (regulation 6). The Commission is also the Approved Officer for receiving infringement payments and issues/writes forms (regulation 9 and Schedule 2).
Behavioural and operational effects: licensees must prepare and keep comprehensive manuals on the prescribed matters (regulation 5) and be ready to submit them on the Commission’s timetable (regulation 6). Licensees must also align suspicious matter reporting with Commonwealth AML/CTF timing and produce any required reports within a tight window (regulation 7). Suppliers and licensees will treat certain contracts differently because of the contract exemption (regulation 4A).
Costs, incentives and trade‑offs
Compliance costs: licensees bear documentary and process costs to prepare detailed manuals and to track and meet Commission timeframes (regulations 5 and 6). Failing to meet Commission deadlines produces a substantial monetary penalty ($25,000) (regulation 6).
Administrative discretion and timing risk: the Commission’s power to specify submission periods creates operational uncertainty for licensees about when documents must be delivered; that uncertainty transfers management and scheduling costs to licensees (regulation 6). The one business‑day extension around Commonwealth reporting deadlines in regulation 7 creates a short operational window for suspicious matter reporting that can increase compliance pressure.
Targeted relief for contracts: regulation 4A reduces regulatory scope over certain commercial contracts by excluding non‑technical service contracts from the controlled‑contract definition. That changes the coverage of section 29A of the Act and therefore alters which commercial arrangements require the additional statutory controls and approvals.
Enforcement mix and private choice: by listing specific offences eligible for infringement notices and setting modified penalties (regulation 8 and Schedule 1), the regulations channel certain contraventions into infringement‑notice resolution rather than automatic court prosecution. This gives alleged offenders an explicit, cash‑settlement route (Schedule 2 Form 1) or a choice to seek court proceedings.
Implementation and compliance risk
Cross‑jurisdictional dependence: the suspicious‑matter timing is tied to the Commonwealth AML/CTF Act (regulation 7). Any federal timing changes or differing interpretations affect how a WA licensee meets its state reporting obligations.
Penalty severity and publication of enforcement options: the combination of high administrative fines (regulation 6) and an established infringement‑notice regime (regulation 8 and Schedule 1) concentrates penalties into monetary forms; licence holders must actively manage document flows and reporting to avoid those monetary exposures.
Source citations: key provisions cited above are regulation 3 (unclaimed winnings), regulation 4 (review fee), regulation 4A (contract exemption), regulation 5 (manual contents), regulation 6 (provision of manuals and penalties), regulation 7 (reporting period), regulation 8 and Schedule 1 (infringement offences and modified penalties), and regulation 9 and Schedule 2 (infringement/withdrawal forms).
Require casino licensees to provide manuals and any required amendments to the Gaming and Wagering Commission within periods specified in writing by the Commission for consideration and approval under s 24A(1); each of those obligations attracts a penalty of $25 000 for failure to comply (regulation 6(1)-(2)).
Fix the applicable period for giving suspicious matter reports under s 30A of the Act by tying the relevant start and end points to the casino licensee’s reporting obligations under the Commonwealth Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 (regulation 7). The reporting period begins when the casino licensee’s AML/CTF s 41(1) obligation arises and ends one business day after the day or time by which the casino licensee is required to give the report under s 41(2)(a) or (b) of the Commonwealth Act (regulation 7(2)(a)-(b)).
Provide for infringement notice enforcement by prescribing particular offences as those for which infringement notices may be issued, and setting the modified penalties for those offences (regulation 8; Schedule 1). Regulation 8(1) links the infringement notice mechanism to the Criminal Procedure Act 2004 Part 2 as modified by the Gaming and Wagering Commission Act 1987 s 36.
Prescribe the forms for an infringement notice and for a withdrawal of an infringement notice (regulation 9; Schedule 2 Forms 1 and 2). Form 1 mirrors statutory notice mechanics including the option to pay the modified penalty within 28 days to avoid prosecution, and lists enforcement consequences available under the Fines, Penalties and Infringement Notices Enforcement Act 1994 (Schedule 2 Form 1).
Set out the Schedule of modified penalties (Schedule 1) for specified Act offences (Division 1) and for specified regulatory breaches (Division 2). The Schedule lists, for example, a $5 000 modified penalty for s 30A (the suspicious matter reporting offence) and $5 000 for reg 6(1) and 6(2) (failure to provide manuals or amendments).
Record amendment and commencement history in the compilation table and note insertions and deletions of provisions over time. The Regulations as presented include amendments and insertions across 1999-2025 and list commencement details for those amending instruments (Compilation table; notes to specific regs).
Mechanically, the Regulations do not create new licensing categories or substantive prohibitions; they provide quantitative parameters (amounts, fees, penalties), procedural deadlines, definitions and form requirements that implement and make workable particular sections of the Act and related Commonwealth and State statutes referenced in the text.
Main concepts
The Regulations revolve around a small set of operational concepts that alter how obligations under the Casino Control Act are carried out. Each concept is anchored in a regulation or schedule and determines an administrative or compliance outcome.
Defined terms and their bounded meaning
Conviction. The Regulations adopt a narrower working definition of “conviction” than might be used elsewhere by expressly excluding convictions that arise from modified penalty procedures or convictions “not imposed pursuant to any hearing or proceedings” (reg 2(2)). This definitional choice affects how the Regulations treat prior records when those records derive from infringement/modified penalty processes.
Manuals. “Manuals” is defined to mean the manuals mentioned in s 24A(1) of the Act (reg 2(1)). The Regulations then prescribe the matters the manuals must address (reg 5) and impose strict delivery and amendment obligations with quantified penalties for non-delivery (reg 6).
Monetary thresholds and fees
Unclaimed winnings. The Regulations adopt a precise monetary threshold for unclaimed winnings under s 15(1)(a) and (b) of the Act,99 cents (regulation 3). That statute-level cross-reference is mechanised by the regulation.
Review fee. The fee for a review of a direction not to enter or remain in a casino under s 26A(3)(b) is prescribed as $179 (regulation 4). The compilation table and reg 4 amendment list indicate the fee has been updated repeatedly by regulation.
Targeted exemptions
Exempt class of contract. Regulation 4A creates a narrow exemption from the Act’s definition of “controlled contract” for contracts that do not relate to gaming technical services. Regulation 4A(2) then defines gaming technical services as maintenance or repair of gaming equipment or gaming-related computer information systems. This is a targeted carve-out focused on the nature of the services contracted for, not on the contracting parties.
Suspicious matter reporting timing
The Regulations operationalise the casino licensee’s reporting obligation under s 30A by tying it to the federal AML/CTF Act’s reporting triggers and deadlines (regulation 7). The reporting window begins when the casino licensee’s federal obligation arises and ends one business day after the federal deadline applicable under s 41(2) of the Commonwealth Act (reg 7(2)(a)-(b)). The term business day is defined for Regulation 7 as any day other than Saturday, Sunday or a public holiday (reg 7(1)).
Infringement notice framework
The Regulations nominate specific offences for infringement notices and set modified penalties (regulation 8; Schedule 1). They also prescribe the textual form of the infringement notice and the withdrawal notice (regulation 9; Schedule 2 Forms 1-2). Regulation 8 expressly links the prescribed offences and modified penalties to the Criminal Procedure Act 2004 Part 2 as modified by the Gaming and Wagering Commission Act 1987 s 36.
Penalty structure and administrative enforcement
The Regulations impose two types of monetary consequences: statutory fines for noncompliance with regulatory obligations (for example, $25 000 for failure to provide manuals or amendments under reg 6) and modified penalties for certain Act offences and regulatory breaches as set out in Schedule 1. Schedule 2 Form 1 also recites the enforcement actions that may follow unpaid modified penalties under the Fines, Penalties and Infringement Notices Enforcement Act 1994.
Forms as binding instruments
Schedule 2 supplies prescribed forms for issuing and withdrawing infringement notices. Form 1 contains procedural detail that establishes the recipient’s options, including payment within 28 days to avoid prosecution or electing court proceedings by signing and returning the notice (Schedule 2 Form 1). The form reproduces the list of enforcement consequences under the Fines, Penalties and Infringement Notices Enforcement Act 1994.
Cross-references to other statutes
The Regulations operate in an interconnected statutory environment, repeatedly cross-referencing the Act (various sections), the Commonwealth Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 (s 41), the Criminal Procedure Act 2004 (Part 2, s 5(3), s 6(d), s 15(2)), the Gaming and Wagering Commission Act 1987 (s 36) and the Fines, Penalties and Infringement Notices Enforcement Act 1994 (Schedule 2 Form 1). The Regulations set the administrative knobs that apply when those cross‑referenced provisions come into play.
Collectively, these main concepts convert higher‑level statutory obligations and offences into administrable requirements, exact fees, timelines and notice forms that determine how compliance and enforcement will be executed in practice.
Who it affects
The Regulations identify specific legal actors and categories of persons affected and make explicit who bears monetary, procedural and recordkeeping responsibilities.
Primary regulated entity: casino licensee
Casino licensees are the central addressees of the obligations in these Regulations. They must prepare manuals that comply with the prescribed matters (regulation 5), provide those manuals and any required amendments to the Commission within periods specified in writing by the Commission (regulation 6(1)-(2)), and comply with suspicious matter reporting timing that ties into Commonwealth AML/CTF obligations (regulation 7). Failure to provide manuals or amendments within the Commission‑specified period attracts a $25 000 fine (regulation 6(1)-(2); Schedule 1 Division 2 items 1-2 assign $5 000 as a modified penalty for reg 6(1) and (2), see later sections).
Gaming and Wagering Commission and Approved Officers
The Commission is the decision maker specified in multiple places. It sets the period within which manuals and amendments must be provided for approval (regulation 6(1)-(2)). The Schedule 2 Form 1 identifies the Approved Officer as the entity to whom modified penalties may be paid within 28 days to avoid prosecution. The Commission also has authority to withdraw infringement notices using the Form 2 prescribed in Schedule 2.
Issuing officers and enforcement agencies
The forms in Schedule 2 require details of the issuing officer and allow for enforcement action under the Fines, Penalties and Infringement Notices Enforcement Act 1994, which can in practice involve other enforcement agencies and mechanisms described in Form 1 (for example, garnishee orders, vehicle immobilisation, and licence suspensions) (Schedule 2 Form 1).
Contracting parties providing services to casinos
Regulation 4A affects parties entering contracts with casino licensees. It exempts from the Act’s definition of “controlled contract” those contracts that do not relate to the provision of gaming technical services. Contracts that do relate to maintenance or repair of gaming equipment or gaming-related computer information systems are, by definition, not exempt (regulation 4A(1)-(2)). The effect is that operators, suppliers and contractors must establish whether their contract falls within the narrow definition of gaming technical services to know whether the controlled contract regime applies.
Individuals subject to directions and review fees
Individuals who are the subject of directions not to enter or remain in a casino under s 26A of the Act are affected by the prescribed fee for seeking review of such a direction, being $179 (regulation 4). That fee attaches to the review mechanism in s 26A(3)(b) as the prescribed amount.
Persons facing infringement notices
Persons alleged to have committed an offence listed in Schedule 1 may be issued an infringement notice under the Criminal Procedure Act 2004 Part 2 as modified by the Gaming and Wagering Commission Act 1987 s 36 (regulation 8(1)). The form in Schedule 2 explains the options available on receipt of a notice, including payment to avoid prosecution or electing court proceedings by signing and returning the notice within 28 days (Schedule 2 Form 1).
Those with conviction records
The Regulations’ definition of “conviction” (regulation 2(2)) affects individuals whose prior offences were dealt with by modified penalty procedures. Where a prior matter resulted from a modified penalty, that outcome is excluded from the Regulations’ meaning of conviction. This has implications for any obligations or assessments under the Act that rely on whether a person has a conviction, since the Regulations exclude modified penalty dispositions.
Indirectly affected entities
Institutions and persons involved in enforcing fines and penalties under the Fines, Penalties and Infringement Notices Enforcement Act 1994 are implicated by the prescribed forms, because Form 1 lists the enforcement actions that may be taken under that Act if a modified penalty is not paid (Schedule 2 Form 1). Commonwealth agencies are implicated to the extent the suspicious matter reporting period is tied to the Commonwealth AML/CTF Act s 41 deadlines (regulation 7).
In short, the Regulations mainly affect licensed casino operators (and their contractors), the Gaming and Wagering Commission in its regulatory and enforcement role, individuals subject to casino directions and infringement notices, and persons or entities involved in the financial and AML/CTF reporting ecosystem by virtue of the timing cross‑referenced to the Commonwealth Act.
Key duties and rights
The Regulations impose explicit duties on casino licensees and prescribe rights and procedural options for recipients of infringement notices. The provisions translate statutory obligations into concrete actions and provide defined choices for regulated parties.
Key duties placed on casino licensees
Prepare manuals that address prescribed subject matter: Regulation 5 prescribes that manuals under s 24A(1) of the Act must deal with gaming operations; internal management and control (listed twice at reg 5(b) and 5(d)); handling, dealing with and accounting for money, chips, vouchers, cheques, digital currencies and similar things; surveillance and security; and the responsible service of gambling.
Provide manuals and amendments to the Commission within a period specified in writing by the Commission: Regulation 6(1) requires a casino licensee to provide the manual to the Commission within a period specified in writing by the Commission for consideration under s 24A(1). Regulation 6(2) requires a licensee to provide any required amendment within a period specified in writing by the Commission if the Commission requires an amendment under s 24A(2).
Comply with suspicious matter reporting timing tied to Commonwealth AML/CTF triggers: Regulation 7(2) sets the prescribed period for casino suspicious matter reports for s 30A purposes by reference to when the casino licensee’s obligation arises under the Commonwealth AML/CTF Act s 41(1) and ending one business day after the applicable federal s 41(2) deadline.
Monetary duties and consequences
Fee for review of direction not to enter or remain in a casino: For the purposes of s 26A(3)(b) of the Act, the review fee is fixed at $179 (regulation 4).
Penalty for failure to provide manuals or amendments: Regulation 6(1)-(2) each carry an explicit penalty of $25 000 for noncompliance.
Modified penalties for certain offences: Schedule 1 prescribes modified penalties for identified offences under the Act and for certain regulatory breaches (for example, $5 000 for a contravention of s 30A and $5 000 for reg 6(1) and reg 6(2) as regulatory offences listed in Schedule 1 Division 2).
Procedural rights and options for alleged offenders
Payment option to avoid prosecution: Schedule 2 Form 1 sets out the right to pay the modified penalty to the Approved Officer (the Gaming and Wagering Commission) within 28 days after the date of the notice to avoid being prosecuted in court for the alleged offence. The form also states paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court case.
Election for court proceedings: Form 1 provides the recipient the explicit right to elect prosecution by signing and returning the notice within 28 days.
Withdrawal and refund process: Schedule 2 Form 2 is the prescribed form for withdrawal of an infringement notice. The form states the person is entitled to a refund if they have already paid the modified penalty and sets out that the Commission should insert details for processing of refunds (Schedule 2 Form 2).
Interaction with enforcement mechanisms
Enforcement consequences for non-payment: Schedule 2 Form 1 lists, by reference to the Fines, Penalties and Infringement Notices Enforcement Act 1994, the enforcement actions that may be taken for non-payment. The list includes licence suspensions, vehicle actions, publication of details, garnishee orders, and seizure and sale of property.
Infringement procedure mechanics: Regulation 8(1) prescribes that the offences in Schedule 1 are those for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2 as modified by the Gaming and Wagering Commission Act 1987 s 36, and regulation 8(2) prescribes the modified penalty amounts for the purposes of Criminal Procedure Act s 5(3).
Rights affected by definitional choices
Exclusion of modified penalty convictions: Under regulation 2(2), a person’s conviction is taken not to include convictions arising from a modified penalty procedure. The effect is that, for any provisions of the Act or these Regulations that rely on the presence of a conviction, a disposition by way of payment of a modified penalty will not constitute a conviction for the Regulations’ purposes.
Discretion and specification
Commission specifying time periods: Regulation 6 gives the Commission discretion to specify the period for provision of manuals and amendments in writing. That discretion translates into a regulatory duty for licensees to be responsive to the Commission’s written timelines.
Commission’s role in approval: The duty to provide manuals is for the purpose of the Commission considering the manual for approval under s 24A(1) (regulation 6(1)), and to receive amendments required under s 24A(2) (regulation 6(2)).
Collectively, the Regulations turn abstract statutory duties into a set of concrete administrative actions (manuals, reporting and fees), provide the regulated parties with options on infringement notices, and allocate a mixture of fixed monetary penalties and modified penalty pathways that influence enforcement outcomes.
Penalties and enforcement
The Regulations prescribe monetary penalties, a modified penalty schedule for specified offences, statutory fines for regulatory noncompliance, and procedural forms that trigger particular enforcement consequences. The enforcement architecture combines Commission discretion, infringement notice processes under the Criminal Procedure Act framework and enforcement measures under the Fines, Penalties and Infringement Notices Enforcement Act 1994.
Statutory fines under the Regulations
Failure to provide manuals or amendments. Regulation 6(1) requires a casino licensee to provide a manual to the Commission within a period specified by the Commission, and regulation 6(2) requires provision of required amendments within a Commission‑specified period. Each subregulation has an explicit penalty stated: “Penalty for this subregulation: a fine of $25 000.” The Regulations therefore create a direct statutory fine for non‑provision of manuals and for non‑provision of required amendments.
Modified penalties and infringement notices
Regulation 8(1) prescribes that the Schedule 1 offences are the ones for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2 as modified by the Gaming and Wagering Commission Act 1987 s 36. Regulation 8(2) specifies that the penalty stated opposite each offence in Schedule 1 is the modified penalty for that offence for the purposes of Criminal Procedure Act s 5(3).
Schedule 1 Division 1 lists modified penalties for particular offences under the Act. Examples from Division 1 include:
s 22(7): $500
s 23(2)(ia): $2 500
s 23(2)(ii): $500
s 26(1d): $500
s 26(6): $1 000
s 27(1): $4 000
s 27(1a): $5 000
s 27(3): $200
s 27(3a): $200
s 27A(4): $200
s 30A: $5 000 (notably the suspicious matter reporting offence)
Schedule 1 Division 2 lists modified penalties for breaches of the Regulations themselves:
reg 6(1): $5 000
reg 6(2): $5 000
Procedural effect of the infringement notice form
Schedule 2 Form 1 prescribes the text of the infringement notice. It requires the issuing officer to state the alleged offence and the modified penalty amount, and it sets out the recipient’s options: pay the modified penalty within 28 days to avoid prosecution, or sign and return the notice to elect prosecution in court. The form clarifies that paying the modified penalty “will not be regarded as an admission for the purposes of any civil or criminal court case.”
The form also explicitly warns that if the modified penalty is not paid within 28 days, prosecution may follow or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994, and it lists possible enforcement actions. The inclusion of that list in the prescribed form binds the process to the enforcement mechanisms available under the enforcement Act (Schedule 2 Form 1).
Enforcement pathways and consequences
Non-payment enforcement. The prescribed form explicitly ties non-payment consequences to the Fines, Penalties and Infringement Notices Enforcement Act 1994 and recites a range of enforcement actions that might be taken under that Act (Schedule 2 Form 1). The practical effect is that unpaid modified penalties can trigger civil enforcement measures of a financial and administrative character.
Withdrawal process and refunds. Schedule 2 Form 2 is the prescribed form for withdrawal of an infringement notice. It requires the Officer of the Commission withdrawing the notice to sign and date the form and states that if the modified penalty has already been paid, the person is entitled to a refund and that the Commission should include details for processing refunds (Schedule 2 Form 2).
Interaction with Criminal Procedure Act and Commission powers
Regulation 8 links the infringement notice mechanism to the Criminal Procedure Act 2004 Part 2 and notes that the Part is modified by the Gaming and Wagering Commission Act 1987 s 36. That link indicates that the State infringement notice framework, as adjusted by the Commission Act, applies to the Schedule 1 offences.
The Commission holds discretion and administrative authority throughout: it prescribes the periods within which manuals and amendments must be delivered and acts as the recipient and processor of modified penalty payments and potential withdrawal decisions (regulation 6; Schedule 2 Forms 1-2).
Observations about enforcement risk and compliance burden (from the text)
The Regulations produce a mixed financial deterrent regime: large statutory fines for failing to engage with the Commission’s manual approval process ($25 000 per reg 6), moderate-to-high modified penalties for particular Act offences and the regulatory offenses listed in Schedule 1, and mandatory procedural consequences if modified penalties go unpaid under the enforcement Act as set out in Form 1.
The Regulations also reduce the criminal‑record consequence of certain dispositions by excluding modified penalty convictions from the Regulations’ meaning of “conviction” (reg 2(2)), which may shape incentives to accept the modified penalty route where available.
All enforcement powers and amounts are set out directly in the Regulations and in the forms they prescribe. The Regulations do not amend the content of the cross‑referenced Acts; they mechanise enforcement by fixing amounts, specifying forms and linking statutory deadlines to federal AML/CTF reporting timeframes.
How it interacts with other laws
The Regulations operate within a web of cross‑references to State and Commonwealth laws. They do not restate or expand substantive offences in the other statutes; rather, they prescribe operational details required by those statutes. The key statutory interactions in the text are set out below.
Casino Control Act 1984
The Regulations are subordinate to and intended to operate under the Act. They explicitly implement specific sections of the Act:
s 15(1)(a) and (b) (unclaimed winnings) , regulation 3 prescribes the amount as 99 cents.
s 24A(1) (manuals) , regulation 5 prescribes matters that manuals must address and regulation 6 sets duties and penalties for providing manuals and amendments for Commission approval under s 24A(1) and s 24A(2).
s 26A(3)(b) (review of direction not to enter or remain in casino) , regulation 4 sets the prescribed fee as $179.
s 29A (controlled contract definition) , regulation 4A creates an exemption in respect of contracts that do not relate to gaming technical services and defines gaming technical services (reg 4A(1)-(2)).
s 30A (suspicious matter reporting) , regulation 7 prescribes the period for s 30A purposes by reference to the Commonwealth AML/CTF Act s 41 timeline.
The offences listed in Schedule 1 Division 1 are drawn from specific sections of the Act (for example, s 22(7), s 23(2)(ia), s 30A), and their modified penalties are set for the purposes of the Criminal Procedure Act framework (Schedule 1; regulation 8).
Criminal Procedure Act 2004 and Gaming and Wagering Commission Act 1987
Regulation 8(1) prescribes that the offences in Schedule 1 are those for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2, as modified by the Gaming and Wagering Commission Act 1987 s 36. Regulation 8(2) aligns the Schedule 1 penalty entries with Criminal Procedure Act s 5(3) as the modified penalties.
Regulation 9(1) and (2) cite the Criminal Procedure Act 2004 sections that require prescribed forms for infringement and withdrawal notices and supply those forms in Schedule 2. The interplay means that the State infringement notice procedure applies to specified casino offences subject to the Commission’s modifications.
Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 (Commonwealth)
Regulation 7 ties the slot for the casino licensee’s reporting obligations under s 30A of the Act to the casino licensee’s reporting obligations under the Commonwealth AML/CTF Act s 41(1) and s 41(2). The Regulations define the start and end of the prescribed period for the state offence by reference to federal law triggers and deadlines (reg 7(2)(a)-(b)). The definition of business day for this purpose is provided in reg 7(1).
Fines, Penalties and Infringement Notices Enforcement Act 1994
Schedule 2 Form 1 specifically references the enforcement actions that may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994 if a modified penalty is not paid. The prescribed form reproduces that list for notice recipients, linking the infringement notice procedure to the State enforcement regime for unpaid fines and modified penalties.
Other cross‑statutory consequences and exclusions
The Regulations’ definition of conviction in reg 2(2) excludes convictions arising from modified penalty procedures. That exclusion affects any cross‑referenced statutory provisions that rely on whether a person has a conviction, subject to how those provisions themselves define conviction. The Regulations therefore alter the evidentiary or eligibility impact of modified penalty outcomes within the regulatory context they govern.
Operational and administrative interplay
The Regulations delegate and confirm the Commission’s administrative role in specifying timeframes for manual provision and amendment under s 24A, and they use that administrative discretion to trigger fines if the licensee does not supply documents in the Commission‑specified period (regulation 6).
By tying the state reporting period for suspicious matter reporting to Commonwealth AML/CTF deadlines, the Regulations make compliance under the Commonwealth Act an operational trigger for the state offence and reporting obligation under s 30A of the Act (regulation 7).
Limits of interaction
The Regulations do not otherwise modify the substantive content of the Act or the Commonwealth AML/CTF Act. They do not create new criminal offences outside those already in the Act; they designate certain offences for infringement notice treatment and set modified penalties and forms for that purpose (regulation 8; Schedule 1 and 2).
The Regulations rely on forms and enforcement machinery provided by other Acts rather than reproducing those mechanisms in full, for example relying on the enforcement Act for collection and enforcement steps described in the prescribed notice form.
In sum, the Regulations function as administrable attachments to the Act and to the Commonwealth AML/CTF framework, establishing precise amounts, forms and deadlines so that state offences and regulatory obligations can be executed in a way harmonised with existing State and Commonwealth enforcement and reporting regimes.
Amendment history
The Regulations include a detailed compilation table and amending history within their text. The table records the principal amending instruments from the Regulations’ commencement in 1999 through 2025 and notes particular insertions and deletions recorded in the body of the Regulations.
Chronology and key insertions
Original enactment: Casino Control Regulations 1999, published 5 February 1999 and commenced 5 February 1999 (Compilation table).
Notable amendments and insertions:
2001: Casino Control Amendment Regulations 2001 (Gazette 2 Oct 2001) (Compilation table).
2003: Casino Control Amendment Regulations 2003 (Gazette 26 Sep 2003) with a commencement on 1 January 2004 for most items (Compilation table).
2004: Racing and Gambling (Miscellaneous) Amendment Regulations 2004 Pt. 2 (30 Jan 2004) and Casino Control Amendment Regulations 2004 (7 Sep 2004) which inserted regulation 4A (Exempt class of contract) on 7 Sep 2004 (see reg 4A insertion note).
2005-2019: Multiple amendments concerned with fees and charges and other updates, recorded as amendments in 2005, 2007, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017 and 2018 (Compilation table).
2022-2025: Recent amendments include the Racing and Gaming Regulations Amendment (Fees and Charges) Regulations 2022 (SL 2022/144), 2023 (SL 2023/156), 2024 (SL 2024/213) and 2025 (SL 2025/35) as well as the Racing and Gaming Regulations Amendment (Fees and Charges) Regulations 2025 (SL 2025/187) (Compilation table). The 2025 instrument SL 2025/35 appears to have inserted Part 3 (Infringement notices), Schedule 1 and Schedule 2 and other consequential provisions (see insertion notes: SL 2025/35 r. 21-23).
2010 amendment to regulation 2: Gazette 4 Jun 2010 p. 2483‑4 (reg 2 amended note).
Specific insertions and deletions called out in the text
Regulation 4A was inserted by the Casino Control Amendment Regulations 2004 (Gazette 7 Sep 2004) (reg 4A inserted).
Regulation 5 and regulation 6 were inserted by SL 2025/35 r. 21 (reg 5 inserted; reg 6 inserted).
Regulation 7 (prescribed period for suspicious matter reports) was inserted by SL 2025/35 r. 21 (reg 7 inserted).
Part 3 (r. 18 and 19) was deleted by SL 2025/35 r. 22 and the heading for Part 3 (Infringement notices) and its current provisions were inserted by SL 2025/35 r. 22-23 (see notes: Heading inserted SL 2025/35 r. 22; regs 8 and 9 inserted SL 2025/35 r. 22; Schedule 1 and Schedule 2 headings and items inserted SL 2025/35 r. 23).
A cluster of regulations (10-17) was deleted earlier: “10-17. deleted: Gazette 4 Jun 2010 p. 2484.” The compilation notes reflect previous and later reprints.
Commencement practices
The Compilation table records the publication and commencement details for each amending instrument. Many amending instruments specify different commencement dates for different provisions. For example, several instruments set r 1 and r 2 to commence on the date of gazettal while other regulations in the instrument commence on specified later dates, frequently the start of a calendar year (Compilation table). The most recent instrument entries specify commencement; for example SL 2025/35 is recorded as published 5 Feb 2025 and commencing 6 Feb 2025 for certain parts (Compilation table).
Reprints
The compilation table records several reprints of the Regulations at different dates (Reprint 1 as at 21 Jan 2005; Reprint 2 as at 6 Mar 2009; Reprint 3 as at 4 Apr 2014), indicating successive consolidations of amendments over time.
Documented amendment frequencies and topics
The notes to regulation 4 indicate that the prescribed fee for s 26A(3)(b) (originally $179) has been updated many times across 2001-2025 instruments, as the Gazettes listed in the reg 4 note show (see reg 4 amendment list). The compilation table similarly records recurring amendments described as fees and charges amendments for racing, gaming and liquor contexts in successive years.
Practical import of the amendment history
The amending history shows that the Regulations have undergone periodic updates to amounts (fees, modified penalties), the insertion of a contractual exemption (reg 4A), and a recent consolidation and insertion in 2025 of provisions dealing with manuals, suspicious matter reporting timing and the formal infringement notice regime. The 2025 amendments in particular added several new regulatory mechanics (reg 5, reg 6, reg 7, regs 8-9, Schedule 1 and Schedule 2).
The compilation table and insertion notes in the text provide the authoritative record in the Regulations of when particular clauses were inserted, amended or repealed and which statutory instruments effected those changes. The Regulations as presented reflect iterative changes to the administrative parameters of casino regulation over a multi‑decade period.
Litigation history
The text of the Regulations as supplied contains no reported cases, judicial interpretations or litigation history. There are no judicial decisions or references to case law included in the Regulations themselves. The source thus does not provide a litigation record or examples of how courts have interpreted these regulatory provisions.
What the Regulations show that could generate disputes
Definitions and exclusions. Regulation 2(2) narrows the meaning of “conviction” for the Regulations’ purposes by excluding convictions arising from modified penalty procedures or those not imposed pursuant to any hearing or proceedings. The significance of this exclusion could be the subject of legal argument in contexts where other provisions of the Act or related instruments depend on whether an individual has a conviction. The Regulations themselves do not provide case law on that point.
Contractual scope. Regulation 4A creates an exemption from the controlled contract definition for contracts that do not relate to the provision of gaming technical services, and defines gaming technical services narrowly (maintenance or repair of gaming equipment or gaming‑related computer information systems). Disputes could arise about whether particular contracts fall within that definition. The Regulations contain the definition but no adjudicated examples or authoritative interpretive guidance.
Timing of suspicious matter reports. Regulation 7 ties the state s 30A reporting period to triggers and deadlines in the Commonwealth Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 s 41. Interpretation issues might emerge over when the casino licensee’s AML/CTF obligation arises under the Commonwealth Act, and hence when the state reporting period starts and ends. The Regulations define the start and end points in terms of the Commonwealth Act but do not themselves resolve interpretive disputes about the federal provision’s application to particular facts.
Commission discretion on periods for manuals. Regulation 6 places an obligation on licensees to provide manuals within a period specified in writing by the Commission; disputes could arise about the reasonableness of such periods or whether a licensee complied with a Commission‑specified deadline. The Regulations set the framework but supply no judicial commentary on the scope of the Commission’s discretion or its exercise.
Infringement notice procedure and modified penalties. Regulation 8 designates particular offences as amenable to infringement notices and Schedule 1 sets modified penalties. While infringement notices produce a statutory pathway to avoid court prosecution under the Criminal Procedure Act framework, questions could arise about whether particular conduct is correctly characterised as one of the prescribed offences or whether procedural requirements for issuance and withdrawal of notices were satisfied.
Absence of judicial material in the source
Because the Regulations do not include litigation references, anyone seeking judicial interpretation, precedential decisions, or guidance on how courts have treated these provisions must look beyond these Regulations to court decisions, reported judgments citing the Casino Control Act provisions, and legal commentary. The Regulations’ text alone does not provide that material.
In summary, the Regulations themselves contain no litigation history. The text identifies several areas,definitions, contract scope, timing rules tied to Commonwealth law, and Commission timeframes,where legal disputes could be expected to arise, but any actual litigation outcomes would need to be sourced outside the document.
Gotchas
The Regulations are concise but contain several features and practical traps that can affect compliance and operational practice. The points below identify specific textual elements and their practical consequences as set out in the Regulations.
Short, fixed reporting window for suspicious matter reporting
Regulation 7(2) ties the state reporting window to the Commonwealth AML/CTF Act s 41 timelines and prescribes that the reporting period ends one business day after the day or time by which the casino licensee is required to give the report under s 41(2)(a) or (b) of the Commonwealth Act (reg 7(2)(b)). The working definition of business day excludes Saturdays, Sundays and public holidays (reg 7(1)). Practically, casinos must align their AML/CTF reporting systems with federal timing and then deliver a state report within a short follow‑up window. Failure to do so may engage s 30A and the $5 000 modified penalty listed in Schedule 1 Division 1 item 11 (s 30A).
High statutory fine for missing manual deadlines, but lower modified penalty
Regulation 6 prescribes a statutory fine of $25 000 for failing to provide manuals or amendments within a Commission‑specified period (reg 6(1)-(2)). Schedule 1 Division 2, however, prescribes a modified penalty of $5 000 for reg 6(1) and reg 6(2). The coexistence of a large statutory fine and a lower modified penalty raises an operational risk: issues over whether an enforcement action will proceed by prosecution seeking the $25 000 fine or by issuance of an infringement notice attracting the $5 000 modified penalty. The Regulations themselves do not clarify operational selection criteria.
Narrow exemption for controlled contracts
Regulation 4A provides a limited exemption from the definition of controlled contract for contracts that do not relate to gaming technical services (reg 4A(1)). Gaming technical services are narrowly defined as maintenance or repair of gaming equipment or gaming‑related computer information systems (reg 4A(2)). The exemption therefore covers many contracts but not those related to maintenance or repair of core gaming hardware and related IT systems. Parties may need to assess the technical scope of their contract to determine whether the controlled contract regime applies.
Definition of conviction excludes modified penalty outcomes
Regulation 2(2) excludes convictions arising from modified penalty procedures from the Regulations’ meaning of “conviction.” That could be a source of confusion for compliance teams relying on automated checks of “convictions” if previous matters were finalised by modified penalty payment. The practical effect is that paying a modified penalty may not count as a “conviction” for purposes of any provision that looks to the Regulations’ definition, potentially changing eligibility, fit and proper person assessments or disqualification mechanics if those rely on “conviction” as defined here.
Duplicate entry in prescribed manual matters
Regulation 5 lists “internal management and control” at both paragraph (b) and paragraph (d). The duplication is present in the text and may indicate an editorial oversight. Practically, the duplication does not expand the substantive requirement beyond what is already stated, but it is a textual irregularity that could cause minor confusion for drafters and reviewers preparing manuals.
Payment versus admission
Schedule 2 Form 1 states that paying the modified penalty “will not be regarded as an admission for the purposes of any civil or criminal court case.” That provision affects risk assessments about whether to accept a modified penalty to avoid prosecution. It creates an incentive to accept the modified penalty where a party wishes to avoid a court process without suffering civil admission consequences, but care is needed because the Regulations also exclude such outcomes from the definition of conviction (reg 2(2)), affecting other statutory consequences.
Commission discretion on timeframes
Regulation 6 requires provision of manuals and amendments “within a period specified in writing by the Commission.” Licensees therefore face an open‑ended obligation with respect to the length of the Commission‑specified period. The Regulations provide no statutory maximum for these periods. That discretion places an evidentiary and organisational burden on licensees to track and comply with whatever period the Commission specifies.
Enforcement consequences for non-payment set out in the form
Schedule 2 Form 1 specifically lists possible enforcement actions under the Fines, Penalties and Infringement Notices Enforcement Act 1994 for non-payment of modified penalties. The detailed enumeration of consequences (licence suspensions, vehicle actions, garnishee, seizure of property etc.) increases the practical stakes of unpaid modified penalties and makes timely payment or formal election of court proceedings a consequential decision point.
Form-driven mechanics
Because the Regulations prescribe the exact text of the infringement and withdrawal forms, any deficiency in issuing, filling or serving those forms in precisely the format required could have procedural significance. The prescriptive nature of Schedule 2 means compliance officers must use the exact form content and be careful with the timing and manner of delivery.
Small monetary threshold for unclaimed winnings
Regulation 3 sets the prescribed amount for unclaimed winnings under s 15(1)(a) and (b) of the Act at 99 cents. This nominal threshold may be surprising and has operational implications for accounting and cash handling systems within the casino; processes should be calibrated to treat amounts below that threshold as unclaimed under the Act.
In practical terms, these are the textual “gotchas” present in the Regulations. Addressing them requires careful operational alignment between casino compliance teams and the Commission’s administrative demands, clear contractual drafting to ascertain applicability of reg 4A, and an internal escalation protocol for dealing with infringement notices, potential withdrawals and the interplay between modified penalties and criminal records.
How to comply
The Regulations specify precise actions, forms and timelines. This section sets out a practical, source‑grounded checklist of compliance steps and controls that follow directly from the Regulations’ text.
Manuals: prepare, deliver and maintain
Content requirements. Ensure the casino’s manuals required by s 24A(1) address the matters prescribed by regulation 5: gaming operations; internal management and control; handling, dealing with and accounting for money, chips, vouchers, cheques, digital currencies and similar things; surveillance and security; and the responsible service of gambling. The duplication of “internal management and control” at reg 5(b) and reg 5(d) suggests that point should be given particular attention in internal cross‑checks.
Submission timelines. Be prepared to provide the manual to the Commission within any period specified in writing by the Commission (regulation 6(1)). Implement internal scheduling to accelerate delivery once the Commission specifies the period.
Amendment process. If the Commission requires amendments to an approved manual under s 24A(2), provide the amendment within the period specified in writing by the Commission (regulation 6(2)). Maintain a revision log and a tracking system for Commission correspondence to evidence timely compliance.
Non‑compliance risk. Note that failure to comply with these obligations attracts a statutory fine of $25 000 per reg 6(1) and reg 6(2). Also note that reg 6(1) and (2) are listed in Schedule 1 Division 2 as offences eligible for infringement notices with a $5 000 modified penalty; prepare to respond promptly to any infringement notice.
Suspicious matter reporting: align with Commonwealth AML/CTF obligations
Synchronise timelines. Regulation 7(2) establishes the state reporting window by reference to when the casino licensee’s obligation under the Commonwealth AML/CTF Act s 41(1) arises, and ends one business day after the federal reporting deadline under s 41(2)(a) or (b) (reg 7(2)(a)-(b)). Therefore, set up AML/CTF operational processes so that when a federal SAR/Suspicious Matter Report is due or required under s 41, the state report obligations can be met within the one business day follow‑up window defined in reg 7(2).
Definition of business day. The reporting end‑point excludes Saturdays, Sundays and public holidays (reg 7(1)). Factor public holidays into scheduling.
Monitor s 30A exposure. Schedule 1 Division 1 assigns a modified penalty of $5 000 for contravention of s 30A. Maintain evidence of timing and transmission of federal SARs and state reports to demonstrate compliance if questioned.
Controlled contracts and contractor management
Contract screening. When entering or renewing contracts with casino licensees, determine whether the contract “relates to the provision of gaming technical services” as defined in reg 4A(2). If the contract is not related to maintenance or repair of gaming equipment or gaming‑related computer information systems, it falls within the exemption in reg 4A(1) from the definition of “controlled contract.” Document the technical scope and retain technical specifications to substantiate the classification.
Procurement records. Keep contemporaneous procurement and contract documentation that describes services, deliverables and whether those services include maintenance or repair of gaming equipment or gaming‑related computer systems.
Handling inquiries, directions and review fees
Review fee for direction not to enter or remain. For purposes of s 26A(3)(b), the prescribed review fee is $179 (regulation 4). Establish accounts payable procedures to process that fee when individuals request a review under s 26A or when fee payment is required.
Infringement notices and modified penalties
Receipt and response process. If an infringement notice is received, note that Schedule 2 Form 1 allows payment of the modified penalty to the Approved Officer within 28 days