Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Casino (Electronic Gaming) Act 2017
A2017-42
Republication No 6
Effective: 16 November 2025
Republication date: 16 November 2025
Last amendment made by A2025-29
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Casino (Electronic Gaming) Act 2017 (including any amendment
made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on
16 November 2025. It also includes any commencement, amendment, repeal or expiry affecting
this republished law to 16 November 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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Casino (Electronic Gaming) Act 2017
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5 Offences against Act—application of Criminal Code etc 2
Part 2 Important concepts
6 Casino gaming machine authorisation certificate—maximum possible
number of authorisations 3
7 Casino FATG authorisation certificate—maximum possible number of
authorisations 3
8 Meaning of social impact assessment 3
9 Social impact assessment—publication 4
Contents
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Part 3 Authorisations for electronic gaming
Division 3.1 Casino gaming machine authorisation certificate
10 Casino gaming machine authorisation certificate—application 6
11 Casino gaming machine authorisation certificate—decision on
application 7
12 Casino gaming machine authorisation certificate—form 7
Division 3.2 Casino FATG authorisation certificate
13 Casino FATG authorisation certificate—application 8
14 Casino FATG authorisation certificate—decision on application 9
15 Casino FATG authorisation certificate—form 9
Part 4 Acquiring authorisations
16 Acquiring authorisations for casino gaming machines and casino
FATG terminals 11
17 Acquiring authorisations—forfeiture requirement 12
18 Offence—acquiring authorisations 13
19 Disposal of gaming machines—application for storage permit 13
20 Restricted status of acquired authorisations 14
Part 5 Conversion of restricted authorisations
21 Conversion of restricted authorisations—application 15
22 Conversion of restricted authorisations—decision 16
23 Status of restricted authorisations if development approval ends under
Planning Act 2023, s 211 or because no approval given 18
24 Status of restricted authorisations if development approval ends in
other circumstances 19
25 Status of converted authorisations if development approval ends 20
Part 6 Acquiring casino gaming machines and
casino FATG terminals
26 Acquiring casino gaming machine under authorisation 22
27 Offence—operating etc casino gaming machines without casino
gaming machine authorisation 23
28 Acquiring casino FATG terminal under authorisation 24
29 Offence—operating etc casino FATG terminals without casino FATG
terminal authorisation 25
Contents
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Part 7 Casino gaming machines—pre-commitment
system
30 Definitions—pt 7 26
31 Meaning of pre-commitment system—pt 7 27
32 Casino licensee must provide PCS for casino gaming machines 27
33 PCS—offences 28
34 PCS—use or disclosure of pre-commitment information 29
35 Regulations about PCS 31
Part 8 Amendment, surrender and cancellation of
authorisation certificates and authorisation
schedules
36 Authorisation certificate amendment—application 32
37 Authorisation certificate amendment—contents of application 32
38 Authorisation certificate amendment decision—gaming area
amendment 33
39 Amendment of authorisation certificate and authorisation schedule 34
40 Re-issue of amended authorisation certificate and authorisation
schedule 35
41 Cancellation of authorisation certificates and authorisations on
surrender of casino licence 36
42 Cancellation of authorisation certificates and authorisations—forfeiture 37
43 Surrender of authorisation certificates and authorisations 38
44 Offence—failure to dispose of casino gaming machines and casino
FATG terminals 39
Part 9 Notification and review of decisions
45 Meaning of reviewable decision—pt 9 40
46 Reviewable decision notices 40
47 Applications for review 40
Part 10 Notifiable actions
48 Definitions—Act 41
49 Notifiable actions 41
50 Notifiable actions—date of effect 42
51 Notifiable action—amendment or cancellation 42
Contents
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52 Notifiable actions—s 43 43
Part 11 Miscellaneous
53 Determination of fees 44
54 Regulation-making power 44
Schedule 1 Reviewable decisions 45
Schedule 2 Notifiable actions 46
Dictionary 47
Endnotes
1 About the endnotes 51
2 Abbreviation key 51
3 Legislation history 52
4 Amendment history 53
5 Earlier republications 55
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Australian Capital Territory
Casino (Electronic Gaming) Act 2017
An Act to regulate electronic gaming in the casino, and for other purposes
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Casino (Electronic Gaming) Act 2017.
3 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act, and includes references (signpost definitions) to other terms defined
elsewhere.
For example, the signpost definition ‘casino licensee—see the Casino
Control Act 2006, dictionary.’ means that the term ‘casino licensee’ is
defined in that dictionary and the definition applies to this Act.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears (see
Legislation Act, s 155 and s 156 (1)).
4 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5 Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see
Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used
for offences to which the Code applies (eg conduct, intention,
recklessness and strict liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
Important concepts Part 2
Section 6
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Part 2 Important concepts
6 Casino gaming machine authorisation certificate—
maximum possible number of authorisations
The maximum possible number of casino gaming machine
authorisations allowed under a casino gaming machine authorisation
certificate is 200.
7 Casino FATG authorisation certificate—maximum
possible number of authorisations
The maximum possible number of casino FATG terminal
authorisations allowed under a casino FATG authorisation certificate
is 60.
8 Meaning of social impact assessment
(1) For this Act, a social impact assessment for an application for an
authorisation certificate is a written assessment of the likely economic
and social impact of the operation of casino gaming machines or
FATGs under the proposed authorisation certificate.
Note A social impact assessment is required for—
(a) an application for a casino gaming machine authorisation
certificate (see s 10); and
(b) an application for a casino FATG authorisation certificate (see
s 13).
(2) A regulation may make provision in relation to social impact
assessments, including the following:
(a) the requirements that must be satisfied by a social impact
assessment;
(b) the matters to be addressed by a social impact assessment;
(c) the information to be given in a social impact assessment.
Part 2 Important concepts
Section 9
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9 Social impact assessment—publication
(1) This section applies if the casino licensee applies for either of the
following and is required to provide a social impact assessment with
the application:
(a) a casino gaming machine authorisation certificate;
(b) a casino FATG authorisation certificate.
(2) The casino licensee must give public notice of the application, stating
that—
(a) the social impact assessment for the application will be available
for inspection by members of the public for 8 weeks after a day
stated in the public notice (the comment period)—
(i) at a place in the ACT named on the commission’s website
during ordinary business hours; and
(ii) on the commission’s website; and
(b) any written submissions about the social impact assessment may
be made to the commission within the comment period.
Note Public notice means notice on an ACT government website or in a daily
newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
(3) Before the comment period begins, the casino licensee must give the
commission—
(a) the social impact assessment for the application; and
(b) a copy of the public notice.
(4) The casino licensee must—
(a) on or before the day the public notice is given, place a sign
(the information sign) containing information about the
application in a prominent position outside each public entrance
to the premises to which the application relates; and
(b) ensure that the sign stays there for the comment period.
Important concepts Part 2
Section 9
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(5) However, the casino licensee need not comply with subsection (4) if
it would be impractical to do so.
Examples—impractical to place sign at address
1 there is no road access to the address
2 building work is being carried out at the address
(6) The information sign must include the following:
(a) a description of the application;
(b) a statement of when and where the social impact assessment for
the application will be available;
(c) an invitation to make written submissions to the commission
about the social impact assessment within the comment period;
(d) when the comment period ends;
(e) details of where to get more information about the application.
(7) The commission must make the social impact assessment available
for inspection by members of the public during the comment period—
(a) at a place in the ACT named on the commission’s website during
ordinary business hours; and
(b) by publishing the assessment on the commission’s website.
(8) The commission must not decide the application until the comment
period has ended.
Part 3 Authorisations for electronic gaming
Division 3.1 Casino gaming machine authorisation certificate
Section 10
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Part 3 Authorisations for electronic
gaming
Division 3.1 Casino gaming machine authorisation
certificate
10 Casino gaming machine authorisation certificate—
application
(1) The casino licensee may apply to the commission for an authorisation
certificate to have up to the maximum possible number of
authorisations for casino gaming machines at the casino.
Note Maximum possible number, of authorisations for casino gaming
machines—see s 6.
(2) The application must—
(a) be in writing signed by the casino licensee; and
(b) state the maximum number of authorisations for casino gaming
machines for which the authorisation certificate is sought; and
(c) be accompanied by—
(i) a social impact assessment for the application; and
(ii) any other documents prescribed by regulation.
(3) The commission may, in writing, require the casino licensee to give
the commission additional information, within the time stated by the
commission, that the commission reasonably needs to decide the
application.
(4) If the casino licensee does not comply with a requirement under
subsection (3) within the time stated by the commission—
(a) the commission may refuse to consider the application; and
(b) if the commission refuses to consider the application—the
application lapses.
Authorisations for electronic gaming Part 3
Casino gaming machine authorisation certificate Division 3.1
Section 11
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11 Casino gaming machine authorisation certificate—
decision on application
(1) This section applies if the commission receives an application under
section 10 for an authorisation certificate.
(2) The commission must issue an authorisation certificate (a casino
gaming machine authorisation certificate) to the casino licensee for
the maximum number of authorisations for casino gaming machines
stated in the application if the commission—
(a) has taken into consideration the social impact assessment for the
application and any submission made on the assessment within
the comment period under section 9 (Social impact
assessment—publication); and
(b) is satisfied the issue of the authorisation certificate is
appropriate.
Note An authorisation acquired by the casino licensee under s 16 is a restricted
authorisation until certain conditions are met (see s 21 and s 22). Casino
gaming machines are not to be operated under restricted authorisations
(see s 18).
12 Casino gaming machine authorisation certificate—form
(1) A casino gaming machine authorisation certificate must—
(a) include the casino licensee’s name; and
(b) include a unique identifying number (a casino gaming machine
authorisation certificate number); and
(c) state the maximum number of authorisations for casino gaming
machines allowed under the authorisation certificate; and
(d) state that—
(i) an authorisation under the authorisation certificate is a
restricted authorisation; and
Part 3 Authorisations for electronic gaming
Division 3.2 Casino FATG authorisation certificate
Section 13
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(ii) a restricted authorisation may be converted to a casino
gaming machine authorisation under section 22
(Conversion of restricted authorisations—decision); and
(iii) a casino gaming machine may only be operated under a
casino gaming machine authorisation; and
(e) include a schedule (an authorisation schedule) that contains a
unique identifying number for each authorisation
(an authorisation number) under the authorisation certificate.
(2) A regulation may prescribe other requirements in relation to the form
of the authorisation certificate or authorisation schedule.
Division 3.2 Casino FATG authorisation certificate
13 Casino FATG authorisation certificate—application
(1) The casino licensee may apply to the commission for an authorisation
certificate to have up to the maximum possible number of
authorisations for casino FATG terminals at the casino.
Note Maximum possible number, of authorisations for casino FATG
terminals—see s 7.
(2) The application must—
(a) be in writing signed by the casino licensee; and
(b) state the maximum number of authorisations for casino FATG
terminals for which the authorisation certificate is sought; and
(c) be accompanied by—
(i) a social impact assessment for the application; and
(ii) any other documents prescribed by regulation.
(3) The commission may, in writing, require the casino licensee to give
the commission additional information, within the time stated by the
commission, that the commission reasonably needs to decide the
application.
Authorisations for electronic gaming Part 3
Casino FATG authorisation certificate Division 3.2
Section 14
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(4) If the casino licensee does not comply with a requirement under
subsection (3) within the time stated by the commission—
(a) the commission may refuse to consider the application; and
(b) if the commission refuses to consider the application—the
application lapses.
14 Casino FATG authorisation certificate—decision on
application
(1) This section applies if the commission receives an application under
section 13 for an authorisation certificate.
(2) The commission must issue an authorisation certificate (a casino
FATG authorisation certificate) to the casino licensee for the
maximum number of authorisations for casino FATG terminals stated
in the application if the commission—
(a) has taken into consideration the social impact assessment for the
application and any submission made on the assessment within
the comment period under section 9 (Social impact
assessment—publication); and
(b) is satisfied the issue of the authorisation certificate is
appropriate.
Note An authorisation acquired by the casino licensee under s 16 is a restricted
authorisation until certain conditions are met (see s 21 and s 22). Casino
gaming machines are not to be operated under restricted authorisations
(see s 18).
15 Casino FATG authorisation certificate—form
(1) A casino FATG authorisation certificate must—
(a) include the casino licensee’s name; and
(b) include a unique identifying number (a casino FATG
authorisation certificate number); and
Part 3 Authorisations for electronic gaming
Division 3.2 Casino FATG authorisation certificate
Section 15
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(c) state the maximum number of authorisations for casino FATG
terminals allowed under the authorisation certificate; and
(d) state that—
(i) an authorisation under the authorisation certificate is a
restricted authorisation; and
(ii) a restricted authorisation may be converted to a casino
FATG terminal authorisation under section 22 (Conversion
of restricted authorisations—decision); and
(iii) only 1 casino FATG terminal may be operated under each
casino FATG terminal authorisation; and
(e) include a schedule (an authorisation schedule) that contains a
unique identifying number for each authorisation
(an authorisation number) under the authorisation certificate.
(2) A regulation may prescribe other requirements in relation to the form
of the authorisation certificate or authorisation schedule.
Acquiring authorisations Part 4
Section 16
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Part 4 Acquiring authorisations
16 Acquiring authorisations for casino gaming machines
and casino FATG terminals
(1) This section applies if the casino licensee—
(a) is issued a casino gaming machine authorisation certificate or a
casino FATG authorisation certificate; and
(b) has less than the maximum number of authorisations allowed
under the authorisation certificate.
(2) If the casino licensee intends to acquire a gaming machine
authorisation for conversion to a casino gaming machine
authorisation or a casino FATG terminal authorisation, the casino
licensee must notify the commission about the proposed acquisition.
Note 1 The acquisition of an authorisation is a notifiable action (see pt 10 and
sch 2).
Note 2 A notifiable action takes effect—
(a) the prescribed number of days after the day the commission
receives the notification (see s 50 (a)); or
(b) if the commission allows the notifiable action to take effect on an
earlier day—that day (see s 50 (b)); or
(c) if the commission asks for additional information under s 49 (3)—
when the commission has notified the licensee that it is satisfied in
relation to the additional information (see s 50 (c)).
(3) The casino licensee—
(a) may acquire authorisations from 1 or more class B or class C
licensees (a disposing licensee); and
(b) must acquire at least 50% of the maximum number of
authorisations allowed under the authorisation certificate from
the following:
(i) 1 or more small or medium clubs;
Part 4 Acquiring authorisations
Section 17
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(ii) 1 or more small or medium club groups;
(iii) 1 or more class B licensees.
(4) However, an authorisation acquired under subsection (3) must be
acquired without the gaming machine operated under the
authorisation.
(5) The disposing licensee may dispose of 1 or more authorisations to the
casino licensee.
Note The disposing licensee must apply to the commission for a storage permit
for an interim purpose for each related gaming machine of an
authorisation disposed of under this section (see s 19).
17 Acquiring authorisations—forfeiture requirement
(1) If the casino licensee acquires an authorisation from a class B or
class C licensee (the disposing licensee) under section 16, the casino
licensee—
(a) must acquire the authorisations in groups of 3; and
(b) may acquire the 3 authorisations from more than 1 class B or
class C licensee.
(2) However, the casino licensee may acquire less than 3 authorisations
if the casino licensee acquires the authorisations from a disposing
licensee who—
(a) intends to surrender an authorisation certificate under the
Gaming Machine Act 2004, section 37F (Surrender of licences,
authorisation certificates and authorisations); and
(b) has less than 3 authorisations to dispose of under the
authorisation certificate.
(3) The casino licensee must forfeit 1 authorisation to the Territory for
every 3 authorisations the licensee acquires under this section.
Acquiring authorisations Part 4
Section 18
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(4) The casino licensee is not entitled to claim compensation from the
Territory for an authorisation forfeited to the Territory under
subsection (3).
18 Offence—acquiring authorisations
(1) The casino licensee commits an offence if—
(a) the casino licensee acquires an authorisation; and
(b) the acquisition is not in accordance with this Act.
Maximum penalty: 100 penalty units.
Note A reference to an Act includes a reference to the statutory instruments
made or in force under the Act, including any regulation (see Legislation
Act, s 104).
(2) An offence against this section is a strict liability offence.
19 Disposal of gaming machines—application for storage
permit
If a class B or class C licensee (the disposing licensee) disposes of an
authorisation under section 16, the disposing licensee must—
(a) apply for a storage permit for an interim purpose under the
Gaming Machine Act 2004, section 127O (Storage permit—
application) for the related gaming machine (if any); and
(b) dispose of the gaming machine in accordance with that Act,
section 113A (Disposal of gaming machines—notifiable
action).
Part 4 Acquiring authorisations
Section 20
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20 Restricted status of acquired authorisations
An authorisation acquired by the casino licensee from a class B or
class C licensee becomes a restricted authorisation when it is
acquired.
Note 1 The casino licensee must not operate a casino gaming machine or casino
FATG terminal under a restricted authorisation. The casino licensee may
only operate a casino gaming machine under a casino gaming machine
authorisation and a casino FATG terminal under a casino FATG terminal
authorisation (see s 27 and s 29).
Note 2 The casino licensee may apply to the Minister under s 21 to have a
restricted authorisation converted to a casino gaming machine
authorisation or casino FATG terminal authorisation.
Conversion of restricted authorisations Part 5
Section 21
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Part 5 Conversion of restricted
authorisations
21 Conversion of restricted authorisations—application
(1) The casino licensee may apply to the Minister for approval to have a
restricted authorisation converted to an authorisation to operate a
casino gaming machine (a casino gaming machine authorisation) or
a casino FATG terminal (a casino FATG terminal authorisation).
(2) The application must—
(a) be in writing signed by the casino licensee; and
(b) state the number of restricted authorisations to be converted and
the kind of authorisation to which the restricted authorisations
are to be converted; and
(c) be accompanied by the required documents for the application.
(3) For subsection (2) (c), the required documents are the following:
(a) written evidence that the territory planning authority has—
(i) approved a development application by the casino licensee
in relation to the redevelopment of the casino and the
casino precinct; and
(ii) certified that the casino licensee has completed the stage of
development prescribed by regulation for the maximum
number of restricted authorisations to be converted;
Examples—written evidence
1 a certificate of conformance
2 a developer deed
(b) a plan of the development where casino gaming machines or
casino FATG terminals are to be installed (the proposed gaming
area) that—
(i) is drawn to scale; and
Part 5 Conversion of restricted authorisations
Section 22
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(ii) clearly shows the location, boundaries and dimensions of
the proposed gaming area;
(c) a copy of the current rules for gaming (the gaming rules) the
casino licensee has adopted in relation to operation of casino
gaming machines or casino FATG terminals;
Examples—what gaming rules may cover
1 how long a casino gaming machine or casino FATG terminal may be
reserved for
2 who may play the casino gaming machines or casino FATGs
3 banning of extension of credit to players
4 cash payment limits
(d) a copy of the current procedures the casino licensee has adopted
to control the operation of casino gaming machines or casino
FATGs at the casino (the control procedures);
(e) any other documents required by regulation.
(4) The Minister may, in writing, require the casino licensee to give the
Minister additional information, within the time stated by the
Minister, that the Minister reasonably needs to decide the application.
(5) If the casino licensee does not comply with a requirement under
subsection (4) within the time stated by the Minister—
(a) the Minister may refuse to consider the application; and
(b) if the Minister refuses to consider the application—the
application lapses.
22 Conversion of restricted authorisations—decision
(1) If the Minister receives an application under section 21 for approval
to convert a restricted authorisation to a casino gaming machine
authorisation or casino FATG terminal authorisation
(the conversion), the Minister may—
(a) approve the conversion; or
Conversion of restricted authorisations Part 5
Section 22
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(b) refuse to approve the conversion.
Note If additional information in relation to the application is not given to the
Minister within the time stated by the Minister, the Minister may refuse
to consider the application (see s 21 (4) and (5) (a)). If the Minister refuses
to consider the application, it lapses (see s 21 (5) (b)).
(2) In deciding whether to approve the conversion, the Minister must—
(a) consider any recommendation made by the commission in
relation to the application, including whether—
(i) the location, boundaries and dimensions of the proposed
gaming area are suitable for the installation of the number
of casino gaming machines or casino FATG terminals
stated in the application; and
(ii) the control procedures mentioned in section 21 (3) (d) and
the gaming rules the casino licensee has adopted for the
purpose of controlling the operation of casino gaming
machines are adequate for the purpose; and
(iii) the casino has sufficient harm minimisation strategies in
place for patrons; and
(b) consider any recommendation made by a casino advisory panel
in relation to the decision, including in relation to the casino
licensee’s compliance with any agreement with the Territory in
relation to the redevelopment of the casino and the casino
precinct.
(3) However, the Minister must not approve the conversion unless the
territory planning authority has—
(a) approved a development application by the casino licensee in
relation to redevelopment of the casino and the casino precinct;
and
(b) certified in writing that the casino licensee has completed the
stage of development prescribed by regulation for the maximum
number of restricted authorisations sought to be converted.
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(4) If the Minister approves the conversion of a restricted authorisation
to a casino gaming machine authorisation or casino FATG terminal
authorisation, the commission must convert the restricted
authorisation.
(5) If the application is for the conversion of 2 or more restricted
authorisations, the Minister may approve the conversion of fewer
than the number stated in the application if the commission
recommends that the size and layout of the proposed gaming area are
only suitable for the installation of the lower number of casino
gaming machines or casino FATG terminals.
(6) If the Minister refuses to approve the conversion, the Minister must
tell the casino licensee, in writing, the reasons for the decision.
Note For what must be included in a statement of reasons, see the Legislation
Act, s 179.
(7) In this section:
casino advisory panel—see the Casino Control Act 2006,
section 136B.
23 Status of restricted authorisations if development
approval ends under Planning Act 2023, s 211 or because
no approval given
(1) This section applies if—
(a) the casino licensee has a restricted authorisation under a casino
gaming machine authorisation certificate or casino FATG
authorisation certificate; and
(b) either——
(i) the development approval for the redevelopment of the
casino and casino precinct ends under the Planning
Act 2023, section 211 (End of development approvals
generally); or
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(ii) no development approval for the redevelopment of the
casino and casino precinct is given within 5 years after the
commencement of this section.
Examples—par (b) (ii)
1 No development approval is given because no development application
is made within 5 years after the commencement of this section.
2 No development approval is given because a development application
that is made is later withdrawn.
(2) The restricted authorisation is forfeited to the Territory.
(3) The casino licensee is not entitled to claim compensation from the
Territory for an authorisation forfeited to the Territory under
subsection (2).
24 Status of restricted authorisations if development
approval ends in other circumstances
(1) This section applies if—
(a) the casino licensee has a restricted authorisation under a casino
gaming machine authorisation certificate or casino FATG
authorisation certificate; and
(b) the development approval for the redevelopment of the casino
and casino precinct ends otherwise than—
(i) under the Planning Act 2023, section 211 (End of
development approvals generally); or
(ii) because the redevelopment of the casino and casino
precinct is completed in accordance with the approval.
Part 5 Conversion of restricted authorisations
Section 25
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(2) The casino licensee may dispose of 1 or more authorisations to a class
C licensee.
Note 1 The disposal of an authorisation is a notifiable action (see pt 10 and
sch 2).
Note 2 A notifiable action takes effect—
(a) the prescribed number of days after the day the commission
receives the notification (see s 50 (a)); or
(b) if the commission allows the notifiable action to take effect on an
earlier day—that day (see s 50 (b)); or
(c) if the commission asks for additional information under s 49 (3)—
when the commission has notified the licensee that it is satisfied in
relation to the additional information (see s 50 (c)).
Note 3 A class C licensee may only acquire an authorisation if the class C
licensee has less than the maximum number of authorisations for class C
gaming machines allowed under the licensee’s authorisation certificate
(see Gaming Machine Act 2004, s 127E and s 127G).
(3) The casino licensee must dispose of the authorisations not later than
3 months after the date the development approval ends.
(4) An authorisation not disposed of within the 3 months is forfeited to
the Territory.
(5) The casino licensee is not entitled to claim compensation from the
Territory for an authorisation forfeited to the Territory under
subsection (4).
25 Status of converted authorisations if development
approval ends
(1) This section applies if—
(a) the casino licensee has a casino gaming machine authorisation
or casino FATG terminal authorisation; and
(b) the development approval for the redevelopment of the casino
ends for a reason other than because the redevelopment is
completed in accordance with the approval.
Conversion of restricted authorisations Part 5
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(2) To remove any doubt—
(a) the authorisation remains in force; and
(b) a casino gaming machine or casino FATG terminal operated
under the authorisation may continue to be operated.
Part 6 Acquiring casino gaming machines and casino FATG terminals
Section 26
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Part 6 Acquiring casino gaming
machines and casino FATG
terminals
26 Acquiring casino gaming machine under authorisation
(1) The casino licensee may acquire a casino gaming machine under an
authorisation only if, when the gaming machine is acquired, the
authorisation is a casino gaming machine authorisation.
Note 1 The acquisition of a casino gaming machine is a notifiable action (see
pt 10 and sch 2).
Note 2 A notifiable action takes effect—
(a) the prescribed number of days after the day the commission
receives the notification (see s 50 (a)); or
(b) if the commission allows the notifiable action to take effect on an
earlier day—that day (see s 50 (b)); or
(c) if the commission asks for additional information under s 49 (3)—
when the commission has notified the licensee that it is satisfied in
relation to the additional information (see s 50 (c)).
(2) A casino gaming machine acquired under a casino gaming machine
authorisation must—
(a) have a stake amount that is not more than—
(i) $2; or
(ii) if a regulation prescribes a lower amount—the lower
amount; and
(b) be able to be connected to a system (a centralised monitoring
system) approved by the commission that—
(i) monitors the operation and performance of casino gaming
machines; and
(ii) can perform other related functions; and
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(c) satisfy any other harm minimisation requirements prescribed by
regulation.
(3) An approval under subsection (2) (b) is a notifiable instrument.
(4) A regulation may provide for the approval and operation of a
centralised monitoring system.
(5) The casino licensee commits an offence if—
(a) the casino licensee allows a person to use a casino gaming
machine in the casino; and
(b) the gaming machine has a stake amount that is more than—
(i) $2; or
(ii) if a regulation prescribes a lower amount—the lower
amount.
Maximum penalty: 100 penalty units.
(6) An offence against subsection (5) is a strict liability offence.
(7) Subsection (5) does not apply if the casino licensee took all
reasonable steps to ensure the casino gaming machine had a stake
amount that was not more than the amount mentioned in
subsection (5) (b).
Note The defendant has an evidential burden in relation to the matters
mentioned in s (7) (see Criminal Code, s 58).
27 Offence—operating etc casino gaming machines without
casino gaming machine authorisation
(1) The casino licensee commits an offence if the licensee—
(a) does any of the following:
(i) possesses a casino gaming machine;
(ii) permits the installation of a casino gaming machine;
(iii) installs a casino gaming machine;
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(iv) permits the use of a casino gaming machine;
(v) uses a casino gaming machine; and
(b) does not have a casino gaming machine authorisation for the
casino gaming machine.
Maximum penalty: 100 penalty units.
(2) An offence against this section is a strict liability offence.
28 Acquiring casino FATG terminal under authorisation
(1) The casino licensee may acquire a casino FATG terminal under an
authorisation only if, when the FATG terminal is acquired, the
authorisation is a casino FATG terminal authorisation.
Note 1 The acquisition of a casino FATG terminal authorisation is a notifiable
action (see pt 10 and sch 2).
Note 2 A notifiable action takes effect—
(a) the prescribed number of days after the day the commission
receives the notification (see s 50 (a)); or
(b) if the commission allows the notifiable action to take effect on an
earlier day—that day (see s 50 (b)); or
(c) if the commission asks for additional information under s 49 (3)—
when the commission has notified the licensee that it is satisfied in
relation to the additional information (see s 50 (c)).
(2) A casino FATG terminal acquired under a casino FATG terminal
authorisation must—
(a) be able to be connected to a system (a centralised monitoring
system) approved by the commission that—
(i) monitors the operation and performance of casino FATG
terminals; and
(ii) can perform other related functions; and
(b) satisfy any other harm minimisation requirements prescribed by
regulation.
Acquiring casino gaming machines and casino FATG terminals Part 6
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(3) An approval under subsection (2) (a) is a notifiable instrument.
(4) A regulation may provide for the approval and operation of a
centralised monitoring system.
29 Offence—operating etc casino FATG terminals without
casino FATG terminal authorisation
(1) The casino licensee commits an offence if the licensee—
(a) does any of the following:
(i) possesses a casino FATG terminal;
(ii) permits the installation of a casino FATG terminal;
(iii) installs a casino FATG terminal;
(iv) permits the use of a casino FATG terminal;
(v) uses a casino FATG terminal; and
(b) does not have an authorisation for the casino FATG terminal.
Maximum penalty: 100 penalty units.
(2) An offence against this section is a strict liability offence.
Part 7 Casino gaming machines—pre-commitment system
Section 30
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Part 7 Casino gaming machines—
pre-commitment system
30 Definitions—pt 7
In this part:
net loss, in relation to a person playing casino gaming machines,
means the total amount the person loses when playing the gaming
machines, less the amount of winnings paid for playing the gaming
machines.
net loss limit, in relation to the playing of 1 or more casino gaming
machines, means the amount a person playing the machines is
prepared to lose during a playing period.
playing period means—
(a) 24 hours; or
(b) if another period is prescribed by regulation—the prescribed
period; or
(c) if the player nominates a period longer than 24 hours or the
prescribed period—the period nominated.
pre-commitment information means information obtained from the
pre-commitment system operated by the casino licensee about a
person using the system.
pre-commitment system—see section 31.
Casino gaming machines—pre-commitment system Part 7
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31 Meaning of pre-commitment system—pt 7
(1) In this part:
pre-commitment system (or PCS), for a casino gaming machine,
means an electronic, computer or communications system approved
by the commission that, by interfacing with equipment or devices that
identify a person intending to play the machine—
(a) requires the person to set a net loss limit in relation to playing
casino gaming machines; and
(b) allows the person to set a limit on the period the person can play
casino gaming machines in a single visit to the casino; and
(c) prevents the person playing a casino gaming machine if the net
loss limit is reached or the period ends.
(2) An approval is a notifiable instrument.
32 Casino licensee must provide PCS for casino gaming
machines
(1) The casino licensee must—
(a) provide, operate and maintain a PCS in connection with casino
gaming machines operated in the casino; and
(b) provide any services associated with the PCS.
(2) The casino licensee must ensure the PCS meets the following
requirements:
(a) the PCS prevents a person (a player) playing a casino gaming
machine until the person has set a net loss limit;
(b) the PCS allows a player to set the amount of a net loss limit as
nil;
(c) the net loss limit set by a player applies for a playing period;
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(d) if the player has set a net loss limit for a playing period, the PCS
prevents the player setting a higher net loss limit for that playing
period;
(e) the PCS allows a player to nominate a maximum period during
which the player can play casino gaming machines
(the voluntary maximum period);
(f) the PCS prevents a player from continuing to play casino
gaming machines after whichever of the following happens first:
(i) the player’s net loss limit is reached;
(ii) if the player nominates a voluntary maximum period—the
voluntary maximum period ends.
33 PCS—offences
(1) The casino licensee commits an offence if—
(a) a casino gaming machine is operated in the casino; and
(b) the gaming machine is not connected to a PCS.
Maximum penalty: 100 penalty units.
(2) Subsection (1) does not apply if the casino licensee took all
reasonable steps to ensure the casino gaming machine was connected
to a PCS.
Note The defendant has an evidential burden in relation to the matters
mentioned in s (2) (see Criminal Code, s 58).
(3) The casino licensee commits an offence if—
(a) a casino gaming machine is operated in the casino; and
(b) the gaming machine is connected to a PCS; and
(c) the PCS is not functioning in the manner in which it is approved
by the commission to function.
Maximum penalty: 100 penalty units.
Casino gaming machines—pre-commitment system Part 7
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(4) Subsection (3) does not apply if the casino licensee took all
reasonable steps to ensure the PCS was functioning in the manner in
which it was approved by the commission to function.
Note The defendant has an evidential burden in relation to the matters
mentioned in s (4) (see Criminal Code, s 58).
(5) An offence against this section is a strict liability offence.
34 PCS—use or disclosure of pre-commitment information
(1) A person may use or disclose pre-commitment information only in
the following circumstances:
(a) if the person has the consent of the person to whom the
information relates;
(b) if the use or disclosure of the information is required or
authorised by or under an Australian law or a court or tribunal
order;
(c) if the person discloses the information to a member of a law
enforcement agency for use in connection with the detection,
investigation or prosecution of an offence;
(d) if the person uses or discloses the information in relation to the
performance of a function under this Act or another gaming law;
(e) if the information the person uses or discloses has lawfully been
made publicly available;
(f) if the person discloses the information to the Minister or the
administrative unit responsible for this Act and the information
is de-identified;
(g) if the person discloses the information to a person who conducts
research and the information is de-identified;
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Section 34
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(h) if both of the following apply:
(i) it is unreasonable or impracticable to obtain consent to the
use or disclosure from the individual to whom the pre-
commitment information relates;
(ii) the person reasonably believes that the use or disclosure is
necessary to lessen or prevent a serious threat to the life,
health or safety of an individual, or to public health or
safety.
Note A reference to an Act includes a reference to the statutory instruments
made or in force under the Act, including any regulation (see Legislation
Act, s 104).
(2) A person commits an offence if—
(a) the person discloses or uses pre-commitment information; and
(b) the disclosure or use is not in accordance with subsection (1).
Maximum penalty: 50 penalty units.
(3) An offence against subsection (2) is a strict liability offence.
(4) In this section:
law enforcement agency—
(a) see the Spent Convictions Act 2000, dictionary; and
(b) includes an entity prescribed by regulation.
Casino gaming machines—pre-commitment system Part 7
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35 Regulations about PCS
(1) A regulation may provide for the approval and operation of a PCS.
(2) In particular, a regulation may make provision in relation to the
following:
(a) the period for which a pre-commitment is in force;
(b) the collection of pre-commitment information;
(c) the secure storage of pre-commitment information.
Part 8 Amendment, surrender and cancellation of authorisation certificates and
authorisation schedules
Section 36
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Part 8 Amendment, surrender and
cancellation of authorisation
certificates and authorisation
schedules
36 Authorisation certificate amendment—application
(1) The casino licensee may apply, in writing, to the commission (an
authorisation certificate amendment application) for an amendment
of an authorisation certificate (a gaming area amendment) only to do
any of the following at the casino:
(a) change the size or shape of the proposed gaming area, or part of
the proposed gaming area;
(b) change the location of proposed gaming area;
(c) add another gaming area.
Note Proposed gaming area—see s 21 (3) (b).
(2) To remove any doubt, a licensee does not need to apply for a gaming
area amendment, or any other authorisation amendment, to move a
gaming machine from 1 part of a gaming area to another part of the
gaming area.
37 Authorisation certificate amendment—contents of
application
(1) An authorisation certificate amendment application must—
(a) be in writing signed by the casino licensee; and
(b) set out the proposed amendment of the authorisation certificate;
and
(c) explain why the casino licensee is seeking the amendment; and
(d) be accompanied by a plan of the premises, drawn to scale, that
clearly shows the proposed changes to the gaming area.
Amendment, surrender and cancellation of authorisation certificates and
authorisation schedules
Part 8
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(2) The commission may, in writing, require the casino licensee to give
the commission additional information, within the time stated by the
commission, that the commission reasonably needs to decide the
application.
(3) If the casino licensee does not comply with a requirement under
subsection (2) within the time stated by the commission—
(a) the commission may refuse to consider the application; and
(b) if the commission refuses to consider the application—the
application lapses.
38 Authorisation certificate amendment decision—gaming
area amendment
(1) This section applies if the casino licensee applies for a gaming area
amendment of an authorisation certificate.
Note Gaming area amendment—see s 36 (1).
(2) The commission may—
(a) amend the authorisation certificate; or
(b) refuse to amend the authorisation certificate.
Note If additional information in relation to an application is not given to the
commission within the time required by the commission, the commission
may refuse to consider the application. If the commission refuses to
consider the application, it lapses (see s 37 (3) (b)).
(3) If the commission refuses to amend the authorisation certificate, the
commission must tell the applicant, in writing, the reasons for the
decision.
Note For what must be included in a statement of reasons, see the Legislation
Act, s 179.
Part 8 Amendment, surrender and cancellation of authorisation certificates and
authorisation schedules
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(4) The commission must amend the authorisation certificate in
accordance with the application if it is satisfied that the gaming area
proposed to be changed will be suitable for the operation of the
number of casino gaming machines or casino FATG terminals the
casino licensee may have under the authorisation certificate.
(5) In deciding whether a gaming area will be suitable for the operation
of the number of casino gaming machines or casino FATG terminals
the casino licensee may have under the authorisation certificate, the
commission must consider harm minimisation strategies for patrons.
39 Amendment of authorisation certificate and authorisation
schedule
(1) The commission may amend an authorisation certificate or
authorisation schedule on its own initiative to correct a mistake, error
or omission on the authorisation certificate or authorisation schedule.
(2) The commission must amend an authorisation certificate—
(a) if a restricted authorisation is converted to a casino gaming
machine authorisation or casino FATG terminal authorisation
under section 22 (Conversion of restricted authorisations—
decision)—to include a statement to that effect; or
(b) if a restricted authorisation is forfeited to the Territory under
section 23 (Status of restricted authorisations if development
approval ends under Planning Act 2023, s 211 or because no
approval given) or section 24 (Status of restricted authorisations
if development approval ends in other circumstances)—to
record the correct maximum number of authorisations for casino
gaming machines or casino FATG terminals allowed under the
authorisation certificate.
Amendment, surrender and cancellation of authorisation certificates and
authorisation schedules
Part 8
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(3) If the casino licensee notifies the commission about the acquisition of
an authorisation under section 16 (Acquiring authorisations for casino
gaming machines and casino FATG terminals), the commission must
amend the appropriate authorisation schedule to include the number
of the acquired authorisation.
(4) If the casino licensee notifies the commission about the disposal of a
restricted authorisation under section 24 (Status of restricted
authorisations if development approval ends in other circumstances),
the commission must amend the appropriate authorisation schedule
to remove the number of the disposed authorisation.
(5) If the casino licensee notifies the commission about the acquisition of
a casino gaming machine under section 26 (Acquiring casino gaming
machine under authorisation), the commission must amend the casino
gaming machine authorisation schedule to include the serial number
of the casino gaming machine.
(6) If the casino licensee notifies the commission about the acquisition of
a casino FATG terminal under section 28 (Acquiring casino FATG
terminal under authorisation), the commission must amend the casino
FATG terminal authorisation schedule to include the serial number of
the casino FATG terminal.
40 Re-issue of amended authorisation certificate and
authorisation schedule
(1) If the commission amends an authorisation certificate (other than the
schedule to the certificate) under this Act, the commission must issue
the casino licensee with an authorisation certificate that includes the
amendment (a replacement authorisation certificate).
(2) The replacement authorisation certificate must state—
(a) that the certificate is a replacement authorisation certificate; and
(b) the date the replacement authorisation certificate was issued;
and
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authorisation schedules
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(c) the date the amendment commences.
(3) If an authorisation schedule to an authorisation certificate is amended
under this Act, the commission must issue the casino licensee with an
authorisation schedule that includes the amendment (a replacement
authorisation schedule).
(4) The replacement authorisation schedule must state—
(a) that the authorisation schedule is a replacement authorisation
schedule; and
(b) the date the replacement authorisation schedule was issued; and
(c) the date the amendment commences.
41 Cancellation of authorisation certificates and
authorisations on surrender of casino licence
(1) This section applies if the casino licensee surrenders the casino
licence under the Casino Control Act 2006, section 31 (Surrender of
casino licence).
(2) The casino licensee must notify the commission that the licensee has
given the Minister written notice under the Casino Control Act 2006,
section 31 (2) that the licensee surrenders the casino licence.
Note 1 The surrender of the casino licence is a notifiable action (see pt 10 and
sch 2).
Note 2 A notifiable action takes effect—
(a) the prescribed number of days after the day the commission
receives the notification (see s 50 (a)); or
(b) if the commission allows the notifiable action to take effect on an
earlier day—that day (see s 50 (b)); or
(c) if the commission asks for additional information under s 49 (3)—
when the commission has notified the licensee that it is satisfied in
relation to the additional information (see s 50 (c)).
Amendment, surrender and cancellation of authorisation certificates and
authorisation schedules
Part 8
Section 42
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(3) If the casino licensee notifies the commission about the surrender of
the casino licence, the commission must—
(a) cancel all authorisation certificates held by the licensee; and
(b) give the licensee a storage permit for an interim purpose for each
casino gaming machine and casino FATG terminal under the
cancelled authorisation certificates.
(4) If an authorisation certificate or authorisation is cancelled under this
section, the casino licensee must—
(a) take meter readings from each casino gaming machine and
casino FATG terminal under the certificate or authorisation; and
(b) render the machine or terminal inoperable; and
(c) within the prescribed number of days after the day the certificate
or authorisation is cancelled, give the commission—
(i) details of the meter readings taken under paragraph (a); and
(ii) any outstanding amount payable by the licensee in relation
to the operation of the casino gaming machine or casino
FATG terminal under the cancelled authorisation
certificate.
Note Prescribed number of days—see s 48.
42 Cancellation of authorisation certificates and
authorisations—forfeiture
(1) This section applies if each authorisation certificate under the casino
licence is cancelled under section 41.
(2) The number of authorisations for casino gaming machines and casino
FATG terminals under the cancelled authorisation certificates is
forfeited to the Territory.
Part 8 Amendment, surrender and cancellation of authorisation certificates and
authorisation schedules
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(3) The casino licensee is not entitled to claim compensation from the
Territory for an authorisation forfeited to the Territory under
subsection (2).
43 Surrender of authorisation certificates and authorisations
(1) The casino licensee may surrender—
(a) 1 or both authorisation certificates under the casino licence; or
(b) an authorisation.
Note If the casino licensee surrenders the casino licence, all authorisation
certificates under the licence are cancelled (see s 41 (3) (a)).
(2) The casino licensee may surrender an authorisation certificate or
authorisation by notifying the commission that the licensee
surrenders the authorisation certificate or authorisation.
Note 1 The surrender of the casino licence is a notifiable action (see pt 10 and
sch 2).
Note 2 A notifiable action takes effect—
(a) the prescribed number of days after the day the commission
receives the notification (see s 50 (a)); or
(b) if the commission allows the notifiable action to take effect on an
earlier day—that day (see s 50 (b)); or
(c) if the commission asks for additional information under s 49 (3)—
when the commission has notified the licensee that it is satisfied in
relation to the additional information (see s 50 (c)).
(3) If an authorisation certificate or an authorisation is surrendered under
this section, the commission must issue the licensee a storage permit
for an interim purpose for each casino gaming machine or casino
FATG terminal under the surrendered certificate or authorisation if
satisfied that the type of premises where the machine or terminal is to
be stored is suitable for the storage of casino gaming machines or
casino FATG terminals.
Amendment, surrender and cancellation of authorisation certificates and
authorisation schedules
Part 8
Section 44
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44 Offence—failure to dispose of casino gaming machines
and casino FATG terminals
(1) The casino licensee commits an offence if—
(a) an authorisation held by the licensee was—
(i) cancelled under section 41 (Cancellation of authorisation
certificates and authorisations on surrender of casino
licence); or
(ii) surrendered under section 43 (Surrender of authorisation
certificates and authorisations); and
(b) the commission gave the licensee a storage permit for a casino
gaming machine or casino FATG terminal to which the
authorisation related; and
(c) the licensee fails to dispose of the machine or terminal
mentioned in the storage permit—
(i) in the way the commission directs; or
(ii) within the time stated in the permit.
Maximum penalty: 100 penalty units.
Note The Control Act, s 23 provides that an authorised officer may enter and
inspect any premises at any reasonable time to do the things mentioned
in that section, including inspecting and removing any gaming equipment
the officer believes on reasonable grounds to be connected with an
offence against a gaming law.
(2) Subsection (1) does not apply if the casino licensee has taken all
reasonable steps to comply with subsection (1) (c).
Note The defendant has an evidential burden in relation to the matters
mentioned in s (2) (see Criminal Code, s 58).
Part 9 Notification and review of decisions
Section 45
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Part 9 Notification and review of
decisions
45 Meaning of reviewable decision—pt 9
In this part:
reviewable decision means a decision mentioned in schedule 1,
column 3 under a provision of this Act mentioned in column 2 in
relation to the decision.
46 Reviewable decision notices
(1) If a decision-maker makes a reviewable decision, the decision-maker
must give a reviewable decision notice to the casino licensee.
Note The decision-maker must also take reasonable steps to give a reviewable
decision notice to any other person whose interests are affected by the
decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
(2) In this section:
decision-maker, for a reviewable decision, means—
(a) the commission; or
(b) the Minister.
47 Applications for review
The following people may apply to the ACAT for review of a
reviewable decision:
(a) the casino licensee;
(b) any other person whose interests are affected by the decision.
Notifiable actions Part 10
Section 48
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Part 10 Notifiable actions
48 Definitions—Act
In this Act:
notifiable action means an action mentioned in schedule 2, column 3
under a provision of this Act mentioned in column 2 in relation to the
action.
prescribed number of days means—
(a) 10 business days; or
(b) if a regulation prescribes a different number of days—that
number of days.
49 Notifiable actions
(1) This section applies if the casino licensee notifies the commission
about a notifiable action.
(2) The notification must—
(a) be in writing; and
(b) be given to the commission at least the prescribed number of
days before the day the casino licensee undertakes the notifiable
action; and
(c) include anything else required by regulation.
Note 1 For how documents may be given, see the Legislation Act, pt 19.5.
Note 2 It is an offence to make a false or misleading statement, give false or
misleading information or produce a false or misleading document (see
Criminal Code, pt 3.4).
Part 10 Notifiable actions
Section 50
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(3) On receiving a notification, the commission may, by notice, ask the
following people for additional information about the notifiable
action:
(a) the casino licensee;
(b) the disposing licensee.
Note For how documents may be given, see the Legislation Act, pt 19.5.
(4) If the commission gives a notice under subsection (3), the notice must
state a reasonable time within which the information must be given.
Note A failure to comply with this section is a ground for disciplinary action
(see Casino Control Act 2006, s 33 (1) (c)).
50 Notifiable actions—date of effect
A notifiable action takes effect—
(a) the prescribed number of days after the day the commission
receives a notification about the notifiable action; or
Note Prescribed number of days—see s 48.
(b) if the commission allows the notifiable action to take effect on
an earlier day—that day; or
(c) if the commission gives a notice under section 49 (3) requesting
additional information in relation to the notification—when the
commission has notified the licensee that it is satisfied in
relation to the additional information.
Note For working out periods of time generally, see the Legislation Act, s 151.
51 Notifiable action—amendment or cancellation
(1) This section applies if the casino licensee—
(a) gives the commission a notification about a notifiable action;
and
(b) wants to amend or cancel the notification.
Notifiable actions Part 10
Section 52
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(2) The casino licensee must give the commission written notice of the
amendment or cancellation before the notifiable action takes effect.
Note 1 It is an offence to make a false or misleading statement, give false or
misleading information or produce a false or misleading document (see
Criminal Code, pt 3.4).
Note 2 For how documents may be given, see the Legislation Act, pt 19.5.
(3) An amendment takes effect 10 business days after the day the
commission receives written notice of the amendment.
(4) A cancellation takes effect when the commission receives written
notice of the cancellation.
52 Notifiable actions—s 43
(1) This section applies to a notifiable action under section 43 (Surrender
of authorisation certificates and authorisations).
(2) The notification for the notifiable action must also include the
following information in relation to a casino gaming machine or
casino FATG terminal to be stored under a storage permit:
(a) the place where the casino gaming machine or casino FATG
terminal is to be stored;
(b) the serial number of the casino gaming machine or casino FATG
terminal.
Note For the issue of a storage permit, see s 43 (3).
(3) On the date the notifiable action takes effect under section 50
(Notifiable actions—date of effect), the casino licensee must—
(a) take meter readings from the casino gaming machine or casino
FATG terminal; and
(b) render the casino gaming machine or casino FATG terminal
inoperable; and
(c) give the commission the details of the meter readings.
Part 11 Miscellaneous
Section 53
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Part 11 Miscellaneous
53 Determination of fees
(1) The Minister may determine fees for this Act.
(2) A determination is a disallowable instrument.
54 Regulation-making power
(1) The Executive may make regulations for this Act.
(2) A regulation may make provision in relation to the following:
(a) the operation (including the restriction of the operation) of
peripheral equipment for casino gaming machines and casino
FATG terminals;
(b) the minimum payout for casino gaming machines;
(c) harm minimisation requirements for casino gaming machines
and casino FATG terminals.
(3) A regulation may create offences for contraventions of the regulations
and fix maximum penalties of not more than 30 penalty units for the
offences.
Reviewable decisions Schedule 1
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Schedule 1 Reviewable decisions
(see s 45)
column 1
item
column 2
section
column 3
decision
1 10 (4) refuse to consider application for casino gaming machine
authorisation certificate if additional information not given
within stated time
2 11 (2) refuse to issue casino gaming machine authorisation certificate
3 13 (4) refuse to consider application for casino FATG authorisation
certificate if additional information not given within stated time
4 14 (2) refuse to issue casino FATG authorisation certificate
5 21 (5) refuse to consider application for conversion of restricted
authorisations if additional information not given within stated
time
6 22 (1) refuse to approve the conversion of restricted authorisation to
casino gaming machine authorisation or casino FATG terminal
authorisation
7 22 (5) approve the conversion of a lower number of restricted
authorisations than the number applied for
8 37 (3) refuse to consider authorisation certificate amendment
application
9 38 (2) (b) refuse to amend authorisation certificate
Schedule 2 Notifiable actions
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Schedule 2 Notifiable actions
(see s 48)
column 1
item
column 2
section
column 3
notifiable action
1 16 acquisition of authorisation
2 24 disposal of authorisation
3 26 acquisition of casino gaming machine
4 28 acquisition of casino FATG terminal
5 41 surrender of casino licence
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• ACT
• Criminal Code
• Executive
• gambling and racing commission
• Legislation Act
• may (see s 146)
• must (see s 146)
• notifiable instrument (see s 10)
• penalty unit (see s 133)
• prescribed
• public notice
• regulation
• territory planning authority
• the Territory
• under.
authorisation means an authorisation under—
(a) a casino gaming machine authorisation certificate to operate a
casino gaming machine at the premises stated in the certificate;
or
(b) a casino FATG authorisation certificate to operate a casino
FATG terminal at the premises stated in the certificate.
authorisation certificate means a casino gaming machine
authorisation certificate or a casino FATG authorisation certificate.
authorisation certificate amendment application—see
section 36 (1).
Dictionary
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authorisation number—
(a) for an authorisation under a casino gaming machine
authorisation certificate—see section 12 (1) (e); and
(b) for an authorisation under a casino FATG authorisation
certificate—see section 15 (1) (e).
authorisation schedule—
(a) for a casino gaming machine authorisation certificate—see
section 12 (1) (e); and
(b) for a casino FATG authorisation certificate—see
section 15 (1) (e).
casino FATG authorisation certificate means an authorisation
certificate issued to the casino licensee under section 14 for
authorisations to operate casino FATG terminals.
casino FATG authorisation certificate number—see
section 15 (1) (b).
casino FATG terminal means a terminal connected to a
fully-automated table game machine.
casino FATG terminal authorisation, in relation to a casino FATG
authorisation certificate—see section 21 (1).
casino gaming machine—
(a) means a machine—
(i) designed for playing a game of chance, or of mixed chance
and skill; and
(ii) designed to be played completely or partly by—
(A) the insertion of 1 or more coins, notes or tokens; or
(B) the application of a monetary credit registered on the
machine or elsewhere; and
Dictionary
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(iii) that offers, or that appears to offer, people a chance to win
monetary or other valuable consideration by playing the
machine; but
(b) does not include a device prescribed by regulation.
casino gaming machine authorisation, in relation to a casino gaming
machine authorisation certificate—see section 21 (1).
casino gaming machine authorisation certificate means an
authorisation certificate issued to the casino licensee under section 11
for authorisations to operate casino gaming machines.
casino gaming machine authorisation certificate number—see
section 12.
casino licensee—see the Casino Control Act 2006, dictionary.
class B licensee—see the Gaming Machine Act 2004, dictionary.
class C licensee—see the Gaming Machine Act 2004, dictionary.
commission means the gambling and racing commission.
Control Act means the Gambling and Racing Control Act 1999.
FATG—see fully-automated table game machine.
FATG terminal means a terminal connected to a FATG for the
purpose of participating in a game on the FATG.
fully-automated table game machine (or FATG) means an electronic
gaming system or equipment that allows more than 1 person to play
a game that—
(a) imitates a type of game played at a table; and
(b) can be played—
(i) from different terminals; and
(ii) without a casino employee conducting the game.
gaming area amendment—see section 36 (1).
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gaming law—see the Control Act, dictionary.
gaming rules—see section 21 (3) (c).
maximum possible number, of authorisations—
(a) for casino gaming machines—see section 6; and
(b) for casino FATG terminals—see section 7.
net loss, for part 7 (Casino gaming machines—pre-commitment
system)—see section 30.
net loss limit, for part 7 (Casino gaming machines—pre-commitment
system)—see section 30.
notifiable action—see section 48.
PCS—see pre-commitment system.
playing period, for part 7 (Casino gaming machines—
pre-commitment system)—see section 30.
pre-commitment information, for part 7 (Casino gaming machines—
pre-commitment system)—see section 30.
pre-commitment system (or PCS), for part 7 (Casino gaming
machines—pre-commitment system)—see section 31.
prescribed number of days—see section 48.
proposed gaming area—see section 21 (3) (b).
restricted authorisation, in relation to a casino gaming machine
authorisation certificate—see section 20.
small or medium club—see the Gaming Machine Act 2004,
dictionary.
small or medium club group—see the Gaming Machine Act 2004,
dictionary.
social impact statement—see section 8.
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
3 Legislation history
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3 Legislation history
Casino (Electronic Gaming) Act 2017 A2017-42
notified LR 13 November 2017
s 1, s 2 commenced 13 November 2017 (LA s 75 (1))
sch 4 om before commenced (see A2018-45 amdt 1.1)
remainder commenced 13 May 2018 (s 2 (1) and LA s 79)
as amended by
Casino and Other Gaming Legislation Amendment Act 2018 A2018-21
pt 3
notified LR 14 June 2018
s 1, s 2 commenced 14 June 2018 (LA s 75 (1))
pt 3 commenced 15 June 2018 (s 2)
Gaming Legislation Amendment Act 2018 A2018-45 sch 1 pt 1.1
notified LR 4 December 2018
pt 1 taken to have commenced 15 June 2015 (s 2 (1))
sch 1 pt 1.1 taken to have commenced 13 November 2017 (s 2 (3))
Planning (Consequential Amendments) Act 2023 A2023-36 sch 1
pt 1.6
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
sch 1 pt 1.6 commenced 27 November 2023 (s 2 (1) and see Planning
Act 2023 A2023-18, s 2 (2) and CN2023-10)
Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.13, sch 4
pt 4.23
notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 3 pt 3.13, sch 4 pt 4.23 commenced 16 November 2025 (s 2 (1),
(9))
Endnotes
Amendment history 4
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4 Amendment history
Commencement
s 2 om LA s 89 (4)
Social impact assessment—publication
s 9 am A2025-29 amdt 4.23
Casino gaming machine authorisation certificate—application
s 10 am A2025-29 amdt 4.23
Casino gaming machine authorisation certificate—decision on application
s 11 am A2025-29 amdt 3.41
Casino FATG authorisation certificate—application
s 13 am A2025-29 amdt 4.23
Casino FATG authorisation certificate—decision on application
s 14 am A2025-29 amdt 3.42
Restricted status of acquired authorisations
s 20 am A2018-21 s 16
Conversion of restricted authorisations—application
s 21 am A2018-21 s 17, s 18; A2023-36 amdt 1.50, amdt 1.51;
A2025-29 amdt 4.23
Conversion of restricted authorisations—decision
s 22 sub A2018-21 s 19
am A2023-36 amdt 1.52, amdt 1.53
Status of restricted authorisations if development approval ends under
Planning Act 2023, s 211 or because no approval given
s 23 hdg sub A2023-36 amdt 1.54
am A2023-36 amdt 1.55
Status of restricted authorisations if development approval ends in other
circumstances
s 24 am A2023-36 amdt 1.55
Acquiring casino gaming machine under authorisation
s 26 am A2025-29 amdt 4.23
Acquiring casino FATG terminal under authorisation
s 28 am A2025-29 amdt 4.23
Meaning of pre-commitment system—pt 7
s 31 am A2025-29 amdt 4.23
Authorisation certificate amendment—application
s 36 am A2025-29 amdt 4.23
Amendment of authorisation certificate and authorisation schedule
s 39 am A2023-36 amdt 1.56
Endnotes
4 Amendment history
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Reviewable decision notices
s 46 sub A2018-21 s 20
am A2025-29 amdt 4.23
Applications for review
s 47 am A2025-29 amdt 4.23
Notifiable actions
s 49 am A2025-29 amdt 4.23
Notifiable action—amendment or cancellation
s 51 am A2025-29 amdt 4.23
Determination of fees
s 53 am A2025-29 amdt 4.23
Regulation-making power
s 54 am A2025-29 amdt 4.23
Casino (Electronic Gaming) Regulation 2018—sch 5
s 54A ins A2018-21 s 21
exp 15 June 2018 (s 54A (5))
Consequential amendments
pt 12 hdg om R5 LA
Legislation amended—schs 3 and 4
s 55 om R5 LA
Reviewable decisions
sch 1 am A2018-21 s 22
Consequential amendments
sch 3 om LA s 89 (3)
Other amendments—maximum authorisation numbers
sch 4 om A2018-45 amdt 1.1
Casino (Electronic Gaming) Regulation 2018
sch 5 ins A2018-21 s 23
exp 15 June 2018 (s 54A (5))
Dictionary
dict am A2023-36 amdt 1.57