The Act creates a permissions‑based regulatory scheme for gaming activities (lotteries, raffles, trade promotions and similar schemes) affecting organisations and individuals who run or advertise such games for NSW residents. Regulations decide which games and prizes are permitted and set fees, records and conditions. The Secretary grants, conditions, suspends or cancels authorities and enforces compliance through notices, investigations, penalties and undertakings. Main burdens fall on organisers: authorities, recordkeeping, fees and criminal/regulatory sanctions for breaches.
Mechanically, the Community Gaming Act 2018 establishes a new statutory framework regulating community and small-scale gaming activities in New South Wales. It replaces the Lotteries and Art Unions Act 1901 and associated regulation (s 50). The Act makes most gaming activities unlawful unless they are specified as permitted under regulations (s 8(1), s 10). The regulations have primary work‑to‑do: they define what gaming activities are permitted, the classes of people who may hold authorities, the conditions that attach to authorities, fees, records and auditing requirements, advertising rules and prizes that are prohibited or limited (s 10(1)-(2), s 49(2)(a)-(o)).
The Act creates an authorisation model. The Secretary may grant an authority to conduct a permitted gaming activity on application and subject to prescribed qualifications and conditions (s 11(1)-(6)). The Secretary may refuse to grant, suspend or cancel an authority on grounds including lack of fitness and propriety and the public interest (s 11(2)-(4), (7)). An authority may be subject to conditions imposed by regulation and to additional conditions imposed or varied by written notice of the Secretary (s 11(5)-(6)).
The Act sets criminal and regulatory offences for conduct and administration of gaming: general prohibitions on conducting, selling, printing, receiving money for, or offering tickets for gaming unless permitted (s 8(1)-(4)), specific offences for failing to award prizes (s 13), misappropriating proceeds or prizes (s 14), fraudulent conduct (s 15), falsifying records (s 16) and making false representations (s 17). Maximum penalties are expressed in penalty units and in some cases include imprisonment, for example misappropriation and falsification are indictable offences carrying a maximum penalty of 200 penalty units or 5 years imprisonment or both (ss 14, 16). Many offences may be dealt with summarily in the Local Court, subject to exceptions (s 43).
Current sections
Direct links to the current provisions in Community Gaming Act 2018.
This Act commences on a day or days to be appointed by proclamation.
3
Objects of Act
3 Objects of Act
3 Objects of Act
(1) The objects of this Act are as follows—
(a) to allow the conduct of gaming activities for charitable, social, not-for-profit or trade promotion purposes,
(b) to ensure that there are reasonable net public benefits obtained from the conduct of gaming activities,
(c) to ensure the integrity and fairness of permitted gaming activities,
(d) to assist the ongoing viability of organisations conducting gaming activities that contribute positively to the community,
(e) to minimise the regulatory burden required to sufficiently protect participants in gaming activities.
(2) This Act seeks to achieve these objects by the following means—
(a) restricting who may conduct and benefit from gaming activities,
(b) establishing a principles-based framework for regulating permitted gambling activities according to the level of risk associated with the activities,
(c) ensuring that the proceeds and profits of permitted gaming activities are applied to the particular purposes, or go to the persons or organisations, for which the activities are purported to be conducted.
s 3: Am 2019 No 23, Sch 1.5[1].
4
Definitions
4 Definitions
4 Definitions
(1) In this Act—
authorised officer means—
(a) the Secretary, or
(b) a person for the time being authorised in writing as an authorised officer by the Secretary, or
(c) a person appointed as an investigator under section 18 of the Fair Trading Act 1987, or
(d) a police officer.
authority means an authority to conduct a permitted gaming activity granted under the regulations.
body means an unincorporated body.
Note.
A reference to a person in this Act includes a reference to a corporation or other incorporated body (see Interpretation Act 1987).
compliance notice—see section 30 (2).
conduct a gaming activity—see section 6.
Department means the Department of Customer Service.
function includes a power, authority or duty, and exercise a function includes perform a duty.
permitted gaming activity means a gaming activity permitted under section 10 and includes an activity taken under section 7 to be a permitted gaming activity.
prize includes any property or services sold or otherwise disposed of by means of a gaming activity.
property includes real or personal property.
Secretary means—
(a) the Commissioner for Fair Trading, Department of Customer Service, or
(b) if there is no person employed as Commissioner for Fair Trading—the Secretary of the Department.
Note.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) Notes included in this Act do not form part of this Act.
s 4: Am 2022 No 59, Sch 3.12; 2023 No 7, Sch 3.4.
5
Gaming activities
5 Gaming activities
5 Gaming activities
(1) In this Act—
gaming activity means—
(a) a game of chance or a game partly of skill and partly of chance, or
(b) without limiting paragraph (a), the award of any prize by lot or on the basis of a chance contingency related to a horse race, sporting event or competition, or
(c) any activity, event, scheme or other matter prescribed by the regulations for the purposes of this definition as a gaming activity.
participant in a gaming activity means—
(a) a person who enters or competes in, or otherwise participates in, a gaming activity, or
(b) a person on behalf of whom another person enters or competes, or otherwise participates, in a gaming activity.
(2) This Act applies to a gaming activity only if it involves the sale or other disposal of property or services, or a promise to sell or otherwise dispose of property or services, to participants in the activity or at the direction of the participants.
(3) This Act applies to a gaming activity whether or not consideration is paid by or on behalf of a person to become a participant.
(4) The regulations may exempt a game, other activity, event, scheme or other matter from being a gaming activity to which this Act, or any provision of this Act, applies.
(5) Any such exemption may be unconditional or subject to conditions.
6
Conduct of gaming activities
6 Conduct of gaming activities
6 Conduct of gaming activities
(1) In this Act, conduct a gaming activity means conduct or organise the gaming activity, whether alone or with others.
(2) The following are taken to conduct a gaming activity—
(a) each person who authorises the conduct or organisation of a gaming activity as an officer, a trustee or member of the governing body of an incorporated or unincorporated body,
(b) a person or body that authorises the conduct or organisation of a gaming activity by an agent, contractor or employee,
(c) a person who assists in conducting or organising a gaming activity,
(d) a person or body that solicits or receives any money, property or other benefit in the course of the conduct or organisation of a gaming activity (other than as a prize winner or participant in the gaming activity),
(e) any other person or body prescribed for the purposes of this section by the regulations.
(3) A person or body does not conduct a gaming activity—
(a) if the person or body conducts the gaming activity solely as the agent or employee of another person or body that conducts the gaming activity, or
(b) merely because the person or body gives any money or other benefit in the course of the gaming activity.
7
Application of Act to external gaming activities
7 Application of Act to external gaming activities
7 Application of Act to external gaming activities
(1) This Act and the regulations apply to a gaming activity in which persons resident in this State participate or can participate that is conducted or proposed to be conducted—
(a) outside Australia (whether or not it is lawful in the place where it is conducted or is proposed to be conducted), or
(b) in another State or a Territory.
(2) A gaming activity is taken to be a permitted gaming activity if—
(a) it is conducted or proposed to be conducted in another State or a Territory, and
(b) it is authorised under a law of that State or Territory that is prescribed by the regulations as a corresponding law for the purposes of this section.
Part 2
Regulation of gaming activities
Part 2 Regulation of gaming activities
Part 2 Regulation of gaming activities
Division 1
General prohibitions
Division 1 General prohibitions
Division 1 General prohibitions
8
Conduct of gaming activities generally prohibited
8 Conduct of gaming activities generally prohibited
8 Conduct of gaming activities generally prohibited
(1) A person must not conduct a gaming activity.
Maximum penalty—50 penalty units.
(2) A person must not receive an amount of any money paid for the sale or provision of a ticket or other right to participate in a gaming activity.
Maximum penalty—50 penalty units.
(3) A person must not sell or offer to sell a ticket or other right to participate in a gaming activity.
Maximum penalty—50 penalty units.
(4) A person must not print, or make available in electronic form, a ticket or other right to participate in a gaming activity.
Maximum penalty—50 penalty units.
(5) This section does not apply—
(a) to or in respect of a permitted gaming activity carried out in accordance with this Act and the regulations, or
(b) to any act or omission of a participant in a gaming activity if the act or omission is done or omitted to be done solely in that capacity.
9
Prohibited advertisements
9 Prohibited advertisements
9 Prohibited advertisements
(1) A person must not cause to be published any advertisement, notice or other information promoting a gaming activity if the conduct of that activity is prohibited by or under this Act.
Maximum penalty—50 penalty units.
(2) It is a defence to proceedings against a person who causes an advertisement to be published if the person establishes that the person did not know, and could not reasonably have known, that the gaming activity was prohibited by or under this Act.
(3) It is a defence to proceedings against a person who causes an advertisement to be published (the publisher) if the person establishes that—
(a) the advertisement, notice or information was in the form provided (either directly or indirectly) or approved by or on behalf of a person conducting or proposing to conduct the gaming activity, and
(b) the publisher has not been notified by or on behalf of the Secretary that the publication of the advertisement, notice or information may contravene this section.
(4) In this section—
publish means disseminate, exhibit, provide or communicate by oral, visual, written, electronic or other means (for example, by newspaper, radio, television, the internet, cinema, billboards or other media).
Division 2
Permitted gaming activities
Division 2 Permitted gaming activities
Division 2 Permitted gaming activities
10
Permitted gaming activities
10 Permitted gaming activities
10 Permitted gaming activities
(1) The regulations may make provision for or with respect to the gaming activities that are permitted gaming activities for the purposes of this Act and authorisations to conduct permitted gaming activities.
Note.
Exemptions, and conditions attached to them, may vary according to whether a gaming activity is conducted for a charitable, social or other not-for-profit purpose or for a trade promotion purpose.
(2) Without limiting subsection (1), the regulations may—
(a) permit specified gaming activities or specified classes of gaming activities, and
(b) permit a gaming activity or class of gaming activities unconditionally or subject to conditions and may require an authority to conduct a gaming activity.
(3) Nothing in the Unlawful Gambling Act 1998 or any other law is taken to render unlawful a gaming activity that is a permitted gaming activity.
s 10: Am 2019 No 23, Sch 1.5[2].
11
Authorities to conduct gaming activities
11 Authorities to conduct gaming activities
11 Authorities to conduct gaming activities
(1) The Secretary may, on application made in accordance with the regulations, grant an authority to conduct a permitted gaming activity.
(2) The Secretary must not grant an authority to a person unless the Secretary is satisfied—
(a) that the person has the qualifications, if any, prescribed by the regulations to hold the authority, and
(b) of any other matters prescribed by the regulations for the purposes of this subsection.
(3) The Secretary must refuse to grant an authority to a person if the Secretary is satisfied that the person is not a fit and proper person to hold the authority.
(4) The Secretary may have regard to whether it is in the public interest to grant an authority when determining whether or not to grant the authority.
(5) An authority may be granted unconditionally or subject to conditions and is subject to any conditions imposed by the regulations.
(6) The Secretary may, by notice in writing given to the holder of an authority, impose a condition on the authority or amend or revoke a condition of the authority (other than a condition imposed by the regulations).
(7) The Secretary may suspend or cancel an authority on the following grounds—
(a) the holder has failed to comply with this Act or the regulations,
(b) the conduct of the gaming activity does not comply with the requirements of the authority or this Act or the regulations,
(c) the Secretary is of the opinion that it is in the public interest to suspend or cancel the authority,
(d) other grounds prescribed by the regulations for the purposes of this subsection.
(8) The regulations may make provision for or with respect to the following—
(a) the permitted gaming activities for which an authority is required,
(b) fees for authorities,
(c) the duration of authorities,
(d) procedures relating to the proposed suspension or cancellation of an authority,
(e) reviews of or appeals against the suspension or cancellation of an authority.
The effect of amending the Schedule is to apply uniform licensing provisions under that Act. The application of the provisions may be varied by regulation under this Act (see section 3 of that Act).
12
Prohibited prizes
12 Prohibited prizes
12 Prohibited prizes
(1) A gaming activity is not a permitted gaming activity if any of the prizes for the activity consist of the following—
(a) tobacco in any form,
(b) a firearm, ammunition, or an imitation firearm, within the meaning of the Firearms Act 1996,
(d) any item or service prescribed by the regulations for the purposes of this section.
(2) The regulations may provide for exceptional circumstances in which a contravention of subsection (1) does not have the effect that a gaming activity is no longer a permitted gaming activity.
13
Entitlement of winner to prize
13 Entitlement of winner to prize
13 Entitlement of winner to prize
(1) A person or body that conducts a gaming activity must award the winner of each prize in that gaming activity the prize concerned.
(2) A person or body that contravenes this section is guilty of an offence.
Maximum penalty—50 penalty units.
(3) It is a defence to a prosecution for an offence under this section if the person or body did not, after making all reasonable inquiries, award the prize to the winner because the winner could not be located.
(4) The regulations may specify additional circumstances in which there is a defence to a prosecution for an offence under this section.
14
Misappropriation of funds or prizes
14 Misappropriation of funds or prizes
14 Misappropriation of funds or prizes
A person is guilty of an indictable offence if the person—
(a) is concerned in the conduct of a permitted gaming activity or conducts a gaming activity as the agent or employee of a person who is concerned in the conduct of a gaming activity, and
(b) converts to the person’s own use any money raised by means of the gaming activity or any prize connected with the gaming activity.
Maximum penalty—200 penalty units or imprisonment for 5 years, or both.
15
Fraudulent conduct of gaming activities
15 Fraudulent conduct of gaming activities
15 Fraudulent conduct of gaming activities
(1) A person is guilty of an offence if the person, with intent to defraud, conducts a permitted gaming activity (other than a game partly of skill and partly of chance) so that not all participants in the gaming activity have an equal chance of winning a prize.
Maximum penalty—50 penalty units or imprisonment for 6 months, or both.
(2) A person is guilty of an offence if the person fraudulently conducts a permitted gaming activity that is a game partly of skill and partly of chance.
Maximum penalty—50 penalty units or imprisonment for 6 months, or both.
16
Falsification of records
16 Falsification of records
16 Falsification of records
A person is guilty of an indictable offence if the person, with intent to defraud or deceive another person—
(a) alters or falsifies a record relating to a permitted gaming activity, or
(b) makes or concurs in the making of a false or fraudulent entry in a record relating to a permitted gaming activity, or
(c) omits or concurs in omitting a material particular from a record relating to a permitted gaming activity.
Maximum penalty—200 penalty units or imprisonment for 5 years, or both.
17
False representations
17 False representations
17 False representations
A person is guilty of an offence if—
(a) the person conducts or proposes to conduct a permitted gaming activity, or acts on behalf of a person or body that conducts or proposes to conduct a permitted gaming activity, and
(b) the person represents to an employee or agent involved in the conduct of the permitted gaming activity that anything required or permitted by or under this Act has been done or that any condition precedent to the conduct of the permitted gaming activity has been complied with, and
(c) when the representation was made, the person knew that, or was reckless as to whether, the thing had not been done or the condition had not been complied with.
Maximum penalty—50 penalty units or imprisonment for 6 months, or both.
18
No double jeopardy
18 No double jeopardy
18 No double jeopardy
If an act or omission of a person is an offence against both sections 16 and 17, the person may only be punished for an offence under one of those sections.
Part 3
Enforcement
Part 3 Enforcement
Part 3 Enforcement
19
Identity cards for authorised officers
19 Identity cards for authorised officers
19 Identity cards for authorised officers
(1) The Secretary must issue an authorised officer with an identity card.
(2) The identity card must—
(a) be in the form approved by the Secretary, and
(b) contain a recent photograph of the person.
(3) An authorised officer must not exercise a function conferred by or under this Act unless an identity card has been issued to the authorised officer by the Secretary.
(4) A person who has ceased to be an authorised officer must not, without reasonable excuse, fail to return to the Secretary, within the period specified by the Secretary in a request for the return of the card, any identity card issued to the person by the Secretary.
Maximum penalty—10 penalty units.
(5) This section does not apply to an authorised officer who is the Secretary, a police officer or an investigator appointed under section 18 of the Fair Trading Act 1987.
20
Identity cards to be shown
20 Identity cards to be shown
20 Identity cards to be shown
(1) An authorised officer must—
(a) carry his or her identity card at all times when exercising a power under this Act to enter premises or a power that may be exercised after entering premises, and
(b) produce the identity card if requested to do so by a person in relation to whom the authorised officer is exercising, or about to exercise, the power.
(2) An investigator appointed under the Fair Trading Act 1987 complies with this section if the investigator carries and produces the investigator’s certificate of identification issued under that Act.
(3) This section does not apply to a power conferred by a search warrant or to a power exercised by an authorised officer who is the Secretary or a police officer.
21
Exercise of investigation powers
21 Exercise of investigation powers
21 Exercise of investigation powers
An authorised officer may exercise a power conferred by this Division if the authorised officer reasonably believes that it is necessary to determine whether there has been a contravention of this Act, the regulations or an authority.
22
Power of entry
22 Power of entry
22 Power of entry
(1) An authorised officer may enter premises (other than premises or any part of premises used only for residential purposes) without the occupier’s consent and without obtaining a search warrant.
(2) An authorised officer may enter any premises with the occupier’s consent or the authority of a search warrant.
23
Times for entry
23 Times for entry
23 Times for entry
(1) An authorised officer may enter premises under this Division only at any of the following times and after giving the occupier reasonable notice—
(a) at any reasonable time during the day,
(b) at any time at which a gaming activity is being conducted on the premises,
(c) at any time the premises are open for entry,
(d) at any time permitted by the occupier or a search warrant authorising the entry.
(2) An authorised officer is not required to comply with subsection (1) if the Secretary has certified that, in the circumstances, an authorised officer need not comply with any or all of the requirements of that subsection.
(3) An authorised officer must comply with any direction of the Secretary as to entry to premises under subsection (2).
24
Powers to do things at premises
24 Powers to do things at premises
24 Powers to do things at premises
An authorised officer may, at any premises lawfully entered, do any of the following—
(a) make inquiries of any person employed at the premises,
(b) require documents to be produced for inspection,
(c) examine and inspect any documents,
(d) copy any documents or parts of documents,
(e) take photos and make recordings (including photographs, audio, video, digital or other recordings) of the premises or anything on the premises,
(f) seize any documents that the authorised officer reasonably considers relevant to an inquiry under this Part or determining whether there has been a contravention of this Act or the regulations.
25
Provision of information and documents
25 Provision of information and documents
25 Provision of information and documents
(1) An authorised officer, may, by written notice given to a person, require the person to do one or more of the following within the period specified in the notice—
(a) produce, in accordance with the notice, accounts and statements relating to any matter for which a power may be exercised under this Division,
(b) provide written answers to questions about any matter for which a power may be exercised under this Division,
(c) verify by statutory declaration an account, statement or answer that is produced or provided,
(d) attend at a specified time and place and give evidence or produce documents in the person’s custody with respect to any matter for which a power may be exercised under this Division,
(e) furnish copies of, or extracts from, a document in the person’s custody or under the person’s control that relates to any matter for which a power may be exercised under this Division.
(2) The notice must specify a reasonable time for compliance with the notice and may specify the manner in which the accounts, statements or documents are to be produced.
(3) A person to whom a document or thing is produced under this Division—
(a) must provide a receipt for the document or thing, and
(b) may make copies of, or take extracts from, the document or thing, and
(c) may examine the document or thing, and
(d) must make a document or thing available for inspection by any other person who would be entitled to inspect the document if it were not in the possession of the person conducting the inquiry.
26
Search warrants
26 Search warrants
26 Search warrants
(1) An authorised officer may apply to an issuing officer for a search warrant if the applicant has reasonable grounds for believing that—
(a) a provision of this Act or the regulations has been or is being contravened on premises, or
(b) there are on the premises documents relevant to an inquiry under this Part and a person having custody or control of the documents has failed to comply with a requirement under this Act to produce those documents or to provide copies of them or extracts from them.
(2) An issuing officer to whom an application for a search warrant is made under this section may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an authorised officer named in the warrant and any other person named in the warrant—
(a) to enter the premises concerned, and
(b) to search the premises for evidence of a contravention of this Act or the regulations.
(2A) A police officer may accompany an authorised officer who enters premises and searches for evidence under a search warrant as if the police officer were named in the warrant.
(1) An authorised officer must do as little damage as possible when exercising a function under this Act.
(2) If damage is caused by a person exercising a power to enter premises, a reasonable amount of compensation is recoverable as a debt owed by the Crown to the owner of the premises, unless the occupier hindered or obstructed the exercise of that power.
28
Recovery of expenses
28 Recovery of expenses
28 Recovery of expenses
(1) The Minister may direct that a specified person or body is liable to pay the remuneration of, and any expenses incurred by, an authorised officer that are referable to the exercise of functions under this Part in relation to the person or body.
(2) The Minister may give a direction only if the remuneration was payable, or expenses were incurred, in relation to an offence of which a person has been found guilty.
(3) The amount payable by the specified person or body is the amount certified by the Minister.
(4) The amount payable is recoverable in a court of competent jurisdiction as a debt due to the Crown.
(5) If the functions were exercised in relation to a body, the trustees or persons who are members of the governing body of the body are jointly and severally liable for the amount payable.
(6) A trustee or person is not so liable unless the trustee or person knowingly authorised or permitted the offence to be committed.
29
Offences relating to inquiries and inspections
29 Offences relating to inquiries and inspections
29 Offences relating to inquiries and inspections
A person must not—
(a) hinder or obstruct an authorised officer in the exercise of functions under this Act or the regulations, or
(b) fail to comply with a requirement made by a notice given under this Division within the period specified by the notice, or
(c) fail to answer questions or provide information when required to do so by an authorised officer in the exercise of the authorised officer’s functions under this Act or the regulations, or
(d) fail to produce for inspection any document or other thing when required to do so by an authorised officer in the exercise of the authorised officer’s functions under this Act or the regulations, or
(e) alter, conceal or destroy any document required to be produced under a notice given under this Division, or
(f) refuse to take an oath, or make an affirmation, required to be taken or made under this Division.
Maximum penalty—50 penalty units or imprisonment for 6 months, or both.
30
Compliance notices
30 Compliance notices
30 Compliance notices
(1) This section applies if an authorised officer reasonably believes that a person or body conducting or proposing to conduct a gaming activity—
(a) is contravening a provision of this Act or the regulations or a condition of an authority, or
(b) has contravened a provision or condition in circumstances that make it likely that the contravention will continue or be repeated.
(2) The authorised officer may give the person or body a written notice (a compliance notice) requiring the person or body to—
(a) remedy the contravention, or
(b) prevent a likely contravention from occurring, or
(c) remedy the things or operations causing the contravention or likely contravention.
(3) A compliance notice must state—
(a) the grounds on which the notice is given, including the particular contravention or contraventions on which the notice is based, and
(b) the day by which the person or body is required to comply with the notice.
(4) A compliance notice may include directions as to the measures to be taken to remedy the contravention or prevent the likely contravention, or the matters or activities causing the contravention or likely contravention, to which the notice relates.
(5) The day specified for compliance must be reasonable in all the circumstances.
(6) A person to whom a compliance notice is given must comply with the notice within the period specified in the notice.
Maximum penalty—50 penalty units.
(7) If a body fails to comply with a compliance notice given to the body under this section, each trustee or other person who was a member of the governing body at the time of the offence is guilty of an offence, if the trustee or person knowingly authorised or permitted the failure to comply.
Maximum penalty—50 penalty units.
31
Extension of time for complying with compliance notice
31 Extension of time for complying with compliance notice
31 Extension of time for complying with compliance notice
(1) An authorised officer may, by written notice given to a person or body, extend the compliance period for a compliance notice.
(2) However, the authorised officer may extend the compliance period only if the period has not ended.
(3) In this section—
compliance period means the period ending on the day stated in the compliance notice by which a person is required to comply with the notice and includes that period as extended under this section.
32
Other provisions relating to notices
32 Other provisions relating to notices
32 Other provisions relating to notices
(1) An authorised officer may make minor changes to a compliance notice—
(a) for clarification, or
(b) to correct errors or references, or
(c) to reflect changes of address or other circumstances.
(2) The Secretary may revoke or vary any compliance notice.
(3) A compliance notice is not invalid only because of—
(a) a formal defect or irregularity in the notice unless the defect or irregularity causes or is likely to cause substantial injustice, or
(b) a failure to use the correct name of the person or body to whom the notice is issued if the notice sufficiently identifies the person or body and is given to the person or body in accordance with this Act.
33
Secretary may issue order prohibiting conduct of gaming activity
33 Secretary may issue order prohibiting conduct of gaming activity
33 Secretary may issue order prohibiting conduct of gaming activity
(1) The Secretary may, by order in writing given to a person or body conducting or proposing to conduct a gaming activity, make an order prohibiting the conduct of the gaming activity, if the Secretary is satisfied that—
(a) it is likely that the provisions of this Act or the regulations or the conditions of an authority have not been, or will not be, complied with in relation to the gaming activity, or
(b) it would otherwise be against the public interest for the gaming activity to be conducted.
(2) A person must not fail to comply with an order given to the person under this section.
Maximum penalty—50 penalty units.
(3) If a body fails to comply with an order given to the body under this section, each trustee or other person who was a member of the governing body at the time of the offence is guilty of an offence, if the trustee or person knowingly authorised or permitted the failure to comply.
Maximum penalty—50 penalty units.
(4) A person, or a trustee or member of the governing body of a body, given an order under this section may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision by the Secretary to make the order.
(5) An order may be given whether or not a compliance notice has been given to the person or body under this Part.
34
Secretary may prohibit person or body from conducting gaming activities
34 Secretary may prohibit person or body from conducting gaming activities
34 Secretary may prohibit person or body from conducting gaming activities
(1) The Secretary may, by order in writing given to a person or body, prohibit the person or body from conducting any gaming activities for a period not exceeding 2 years after the order is given to the person or body, if the Secretary is satisfied that the person or body—
(a) has persistently failed to comply with the provisions of this Act or the regulations or the conditions of an authority, and
(b) is likely to continue to do so.
(2) A person must not fail to comply with an order given to the person under this section.
Maximum penalty—50 penalty units.
(3) If a body fails to comply with an order given to the body under this section, each trustee or other person who was a member of the governing body at the time of the offence is guilty of an offence, if the trustee or person knowingly authorised or permitted the failure to comply.
Maximum penalty—50 penalty units.
(4) A person, or a trustee or member of the governing body of a body, given an order under this section may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision by the Secretary to make the order.
(5) An order may be given whether or not a compliance notice has been given to the person or body under this Part.
35
Court orders
35 Court orders
35 Court orders
(1) The Local Court or the Supreme Court may, on the application of the Secretary, make an order under this section.
(2) An application for an order must be made not later than 2 years after the gaming activity was conducted.
(3) The Local Court may make an order that a person or body that has conducted, or is conducting, a gaming activity—
(a) pay an amount specified by the Court to a participant in a gaming activity, if the Court is satisfied that the participant is entitled to that amount as a result of participating in the gaming activity, or
(b) pay an amount to a person or body to whom the proceeds of a gaming activity are payable, if the Court is satisfied that the person or body is entitled to that amount as a beneficiary of the gaming activity.
(4) The Supreme Court may make an order that—
(a) a person or body that has conducted, or is conducting, a gaming activity pay an amount or give any other prize specified by the Court to a participant in a gaming activity, if the Court is satisfied that the participant is entitled to that amount or prize as a result of participating in the gaming activity, or
(b) a person or body that has conducted, or is conducting, a gaming activity pay an amount to a person or body to whom the proceeds of a gaming activity are payable, if the Court is satisfied that the person or body is entitled to that amount as a beneficiary of the gaming activity, or
(c) a person or body that has conducted, or is conducting, a gaming activity cease to conduct the gaming activity, if the Court is satisfied that the activity is prohibited under this Act or is being, or is likely to be, conducted in a manner that contravenes this Act, the regulations or the conditions of an authority, or
(d) a person or body that has conducted, or is conducting or proposing to conduct, a gaming activity comply with an authority or give effect to any rule for the conduct of the gaming activity.
(5) The Local Court may not make an order for the payment of an amount to a participant in a gaming activity, or person to whom the proceeds of a gaming activity are payable, that exceeds $100,000.
(6) A person must not fail to comply with an order given to the person under this section.
Maximum penalty—50 penalty units.
(7) If a body fails to comply with an order under this section, each trustee or other person who was a member of the governing body at the time of the offence is guilty of an offence, if the trustee or person knowingly authorised or permitted the failure to comply.
Maximum penalty—50 penalty units.
36
Enforcement of court orders
36 Enforcement of court orders
36 Enforcement of court orders
(1) If a court makes an order for the payment of money under section 35, and the whole of the amount is not paid in accordance with the order, the registrar of the court must, on application by the person to whom the money is to be paid (the debtor), issue to the debtor a certificate that—
(a) identifies the order and specifies the person required to pay the money, and
(b) specifies the amount required to be paid by the order that has not, as at the date of the certificate, been paid in accordance with the order.
(2) The debtor may file the certificate in the registry of a court having jurisdiction to order the payment of the amount specified, and the registrar of the court must immediately enter judgment in favour of the debtor against the person required to pay the money specified in the certificate for—
(a) the amount specified in the certificate as having not been paid, and
(b) any fees payable to the registrar for filing the certificate.
Division 3
Enforceable undertakings
Division 3 Enforceable undertakings
Division 3 Enforceable undertakings
37
Secretary may accept undertakings
37 Secretary may accept undertakings
37 Secretary may accept undertakings
(1) The Secretary may accept a written undertaking given by a person in connection with a matter relating to a contravention or alleged contravention by the person of this Act or the regulations.
(2) The giving of an undertaking does not constitute an admission of guilt by the person giving it in relation to the contravention or alleged contravention to which the undertaking relates.
(3) The Secretary may make a written undertaking publicly available.
(4) An undertaking takes effect and becomes enforceable when the Secretary’s decision to accept the undertaking is given to the person who made the undertaking or at any later date specified by the Secretary.
38
Notice of decision and reasons for decision
38 Notice of decision and reasons for decision
38 Notice of decision and reasons for decision
(1) The Secretary must give the person seeking to make an undertaking written notice of the Secretary’s decision to accept or reject the undertaking and of the reasons for the decision.
(2) The Secretary must make publicly available, on a NSW Government website or by other appropriate electronic means—
(a) notice of a decision to accept an undertaking, and
(b) the reasons for the decision.
s 38: Am 2024 No 25, Sch 1.3[1].
39
Compliance with undertaking
39 Compliance with undertaking
39 Compliance with undertaking
A person must not contravene an undertaking given by that person that is in effect.
Maximum penalty—50 penalty units.
40
Contravention of undertaking
40 Contravention of undertaking
40 Contravention of undertaking
(1) The Secretary may apply to the Local Court for an order if a person contravenes an undertaking.
(2) An application for an order must be made not later than 2 years after the contravention occurred.
(3) If the Court is satisfied that the person who made the undertaking has contravened the undertaking, the Court, in addition to the imposition of any penalty, may make 1 or both of the following orders—
(a) an order directing the person to comply with the undertaking for the period specified in the order,
(b) an order discharging the undertaking.
(4) In addition to the orders referred to in subsection (3), the Court may make any other order that the Court considers appropriate in the circumstances, including orders directing the person to pay to the State—
(a) the costs of the proceedings, and
(b) the reasonable costs of the Secretary in monitoring compliance with the undertaking in the future.
(5) Nothing in this section prevents proceedings being brought for the contravention or alleged contravention of this Act to which the undertaking relates.
41
Withdrawal or variation of undertaking
41 Withdrawal or variation of undertaking
41 Withdrawal or variation of undertaking
(1) A person who has made an undertaking may, at any time, with the written agreement of the Secretary—
(a) withdraw the undertaking, or
(b) vary the undertaking.
(2) However, the provisions of the undertaking cannot be varied to provide for a different alleged contravention of the Act.
(3) The Secretary must make notice of the withdrawal or variation of an undertaking publicly available on a NSW Government website or by other appropriate electronic means.
s 41: Am 2024 No 25, Sch 1.3[2].
42
Proceedings for alleged contravention
42 Proceedings for alleged contravention
42 Proceedings for alleged contravention
(1) Subject to this section, no proceedings for a contravention or alleged contravention of this Act or the regulations may be brought against a person if an undertaking is in effect in relation to that contravention.
(2) No proceedings may be brought for a contravention or alleged contravention of this Act or the regulations against a person who has made an undertaking in relation to that contravention and has completely discharged the undertaking.
(3) The Secretary may accept an undertaking in relation to a contravention or alleged contravention before proceedings in relation to that contravention have been finalised.
(4) If the Secretary accepts an undertaking before the proceedings are finalised, the Secretary must take all reasonable steps to have the proceedings discontinued as soon as possible.
Division 4
Offences
Division 4 Offences
Division 4 Offences
43
Nature of proceedings for offences
43 Nature of proceedings for offences
43 Nature of proceedings for offences
Proceedings for an offence under this Act or the regulations (except against sections 14 and 16) may be dealt with summarily before the Local Court.
Note.
Chapter 5 of the Criminal Procedure Act 1986 (which relates to summary disposal of certain indictable offences unless an election is made to proceed on indictment) applies to and in respect of an offence under section 14 or 16. See Table 2 of Schedule 1 to that Act.
44
Offences by corporations
44 Offences by corporations
44 Offences by corporations
(1) If a corporation contravenes any provision of this Act or the regulations, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.
(2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or convicted under that provision.
(3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation against this Act or the regulations.
45
Additional orders by courts in criminal proceedings
45 Additional orders by courts in criminal proceedings
45 Additional orders by courts in criminal proceedings
(1) A court may, in addition to or as an alternative to imposing a penalty for an offence under this Act or the regulations, by order suspend or revoke an authority, or vary an authority granted under the regulations.
(2) A person must not fail to comply with an order made by the court under this section.
Maximum penalty—20 penalty units.
(3) If a body fails to comply with an order made by the court under this section, each trustee or other person who was a member of the governing body at the time of the offence is guilty of an offence, if the trustee or person knowingly authorised or permitted the failure to comply.
Maximum penalty—50 penalty units.
46
Penalty notices
46 Penalty notices
46 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the authorised officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note.
The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.
(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).
(5) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.
Part 4
Miscellaneous
Part 4 Miscellaneous
Part 4 Miscellaneous
47
Delegation
47 Delegation
47 Delegation
(1) The Minister may delegate the exercise of any function of the Minister under this Act (other than this power of delegation) to—
(a) any person employed in the Department, or
(b) any person, or any class of persons, authorised for the purposes of this section by the regulations.
(2) The Secretary may delegate the exercise of any function of the Secretary under this Act (other than this power of delegation) to—
(a) any person employed in the Department, or
(b) any person, or any class of persons, authorised for the purposes of this section by the regulations.
48
Service of documents
48 Service of documents
48 Service of documents
(1) A document that is authorised or required by this Act or the regulations to be served on any person may be served by any of the following methods—
(a) in the case of an individual—by personal delivery to the person,
(b) by post to the address specified by the person for the service of documents of that kind,
(c) in the case of an individual who has not specified such an address—by post to the residential or business address of the person last known to the person serving the document,
(d) in the case of a corporation—by post to the registered office or any other office of the corporation or by leaving it at any such office with a person apparently over the age of 16 years,
(e) by email to an email address specified by the person for the service of documents of that kind,
(e1) by other electronic means to an address or location specified by the person for the service of documents of that kind,
(f) by any other method authorised by the regulations for the service of documents of that kind.
(2) Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on a person by any other method.
(3) In this section, serve includes give or send.
s 48: Am 2024 No 25, Sch 6.6.
49
Regulations
49 Regulations
49 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) In particular, regulations may be made for or with respect to the following—
(a) permitted gaming activities,
(b) prizes for gaming activities, including the prohibition of prizes or benefits and limits on the value or type of prizes that may be offered,
(c) without limiting paragraph (b), the regulation or prohibition of liquor prizes for gaming activities,
(d) a register containing information relating to authorities,
(e) the sale or other disposal of unclaimed prizes and the payment of the proceeds of sale of unclaimed prizes,
(f) the imposition of civil penalties for contraventions of the regulations relating to the conduct of permitted gaming activities, including the conferral of jurisdiction on a person, court or tribunal for that purpose and for the purpose of appeals against civil penalties,
(g) fees for authorities and other matters,
(h) the payment of money received in connection with a gaming activity,
(i) records relating to the conduct of gaming activities, including financial records,
(j) regulating advertisements for or the marketing of permitted gaming activities,
(k) regulating amounts paid as commission, salary or wages in connection with the conduct of a gaming activity,
(l) agents for the sale of tickets in a gaming activity,
(m) audits of gaming activities and persons or bodies that conduct gaming activities,
(n) the service of notices under this Act,
(o) the waiver, reduction, postponement or refund by the Secretary of fees payable or paid under this Act or the regulations.
(3) The regulations may create an offence punishable by a penalty not exceeding 50 penalty units.
Schedule 1 Savings, transitional and other provisions
Schedule 1 Savings, transitional and other provisions
sch 1: Am 2020 No 3, Sch 1.7[2].
Schedule 2
Schedule 2
Schedule 2 (Repealed)
sch 2: Rep 1987 No 15, sec 30C.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act is the Community Gaming Act 2018.
2 Commencement
2 Commencement
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Objects of Act
3 Objects of Act
3 Objects of Act
(1) The objects of this Act are as follows—
(a) to allow the conduct of gaming activities for charitable, social, not-for-profit or trade promotion purposes,
(b) to ensure that there are reasonable net public benefits obtained from the conduct of gaming activities,
(c) to ensure the integrity and fairness of permitted gaming activities,
(d) to assist the ongoing viability of organisations conducting gaming activities that contribute positively to the community,
(e) to minimise the regulatory burden required to sufficiently protect participants in gaming activities.
(2) This Act seeks to achieve these objects by the following means—
(a) restricting who may conduct and benefit from gaming activities,
(b) establishing a principles-based framework for regulating permitted gambling activities according to the level of risk associated with the activities,
(c) ensuring that the proceeds and profits of permitted gaming activities are applied to the particular purposes, or go to the persons or organisations, for which the activities are purported to be conducted.
s 3: Am 2019 No 23, Sch 1.5[1].
4 Definitions
4 Definitions
4 Definitions
(1) In this Act—
authorised officer means—
(a) the Secretary, or
Enforcement and compliance are given administrative and coercive tools. Authorised officers, appointed or authorised by the Secretary, and certain investigators and police have powers to inspect and investigate gaming activities, enter premises, require production of documents, copy and seize documents and apply for search warrants (ss 19-26). Authorised officers must carry identity cards issued by the Secretary (ss 19-20) and must exercise powers reasonably and with care to minimise damage (s 27). The Secretary and authorised officers may issue compliance notices requiring remedial action (s 30), prohibit the conduct of an activity by order (s 33) or prohibit a person or body from conducting gaming activities for up to two years (s 34). The Secretary may apply to court for civil remedies under s 35, and courts may make a suite of orders including repayment to participants, beneficiaries, injunctions to cease conduct, and orders to give effect to authorities or rules for conduct of a gaming activity (s 35).
The Act also provides for enforceable undertakings accepted by the Secretary (Part 3 Div 3, ss 37-41), and specifies that, generally, while an undertaking is in effect, proceedings for the underlying contravention may not be brought (s 42). Administrative review routes are preserved, with express rights to apply to the Civil and Administrative Tribunal for review of Secretary orders that prohibit or ban conduct (ss 33(4), 34(4)), and the Secretary must publish reasons for accepting or rejecting undertakings (s 38). The regulations may create civil penalties and prescribe offences as penalty notice offences handled under the Fines Act 1996 (s 49(2)(f), s 46).
The Act applies to gaming activities conducted inside NSW and also to gaming activities conducted interstate, overseas or online in which persons resident in NSW participate or can participate (s 7). It contains savings and transitional provisions converting existing permits and ongoing activities under the repealed legislation into authorities and permitted activities under this Act, subject to regulation (Schedule 1, cl 3-5). Commencement is by proclamation (s 2).
The Act also includes detailed operational mechanisms for service of documents, delegation of Minister and Secretary functions, and the Secretary’s power to waive fees and to recover investigation-related expenses in limited circumstances (ss 47-49, 28, 48).
The objects section sets out the policy aims the Act claims to advance, including permitting gaming for charitable, social, not‑for‑profit and trade promotion purposes, ensuring reasonable net public benefit, integrity and fairness, assisting ongoing viability of contributing organisations and minimising regulatory burden (s 3(1)-(2)). These are claims contained in the Act and the Act implements them principally by restricting who may conduct and benefit from gaming, adopting a principles‑based regulatory framework aligned to risk, and ensuring proceeds are applied to purported purposes (s 3(2)(a)-(c)).
Main concepts
Definitions and scope are central to the Act. The Act defines gaming activity broadly as a game of chance, a game partly of skill and partly of chance, or any activity prescribed by regulations as a gaming activity (s 5(1)). It only applies to an activity that involves the sale or other disposal of property or services, or a promise to do so, to participants or at their direction (s 5(2)). The term participant is defined to include persons who enter, compete in, otherwise participate in a gaming activity or persons on whose behalf others act (s 5(1) second limb). A permitted gaming activity is one permitted under s 10 or an activity taken under s 7 to be permitted (s 4(1) definitions).
Conduct a gaming activity is given a wide reach. The person who organises or conducts a gaming activity is caught, and the Act specifically treats as conducting an activity persons who authorise the conduct or organisation as officers, trustees or governing body members of incorporated or unincorporated bodies, persons or bodies who authorise conduct by contractors, agents or employees, persons who assist, and those who solicit or receive money in the course of conduct or organisation other than prize winners or participants (s 6(1)-(2)(a)-(d)). There is a carve out where a person conducts the activity solely as agent or employee of another who conducts it, or where someone merely gives money or other benefit in the course of the activity (s 6(3)). The definition signals that governance participants and those who authorise activities are liable in their own right.
Authorisation and regulatory design are key concepts. Permitted gaming activities are to be specified by regulation (s 10(1)). The Secretary administers an authorisation system, granting authorities to conduct permitted gaming activities on application and subject to prescribed qualifications and conditions (s 11(1)-(2), (5)). The Secretary must refuse if the applicant is not fit and proper (s 11(3)) and may consider the public interest (s 11(4)). The Secretary has power to impose, amend, revoke conditions (s 11(6)) and to suspend or cancel authorities on specified grounds (s 11(7)). The regulations may also apply uniform licensing provisions under the Licensing and Registration (Uniform Procedures) Act 2002 (s 11(9) note).
Prize regulation is another main concept. The Act prohibits certain categories of prizes as making an activity not permitted: tobacco, firearms and ammunition, imitation firearms, prohibited weapons, and items or services prescribed by regulations (s 12(1)(a)-(d)). The regulations may provide for exceptional circumstances (s 12(2)). There is a statutory duty to award prizes won, with a specific offence for failing to do so subject to defences such as inability to locate the winner after reasonable inquiries (s 13(1)-(3)).
Enforcement concepts include authorised officers, investigatory powers and civil‑administrative responses. Authorised officers include the Secretary, persons authorised in writing by the Secretary, investigators appointed under the Fair Trading Act 1987 and police officers (s 4(1) authorised officer). Authorised officers are issued identity cards and must carry them to exercise entry powers (ss 19-20). They may enter non‑residential premises without a warrant where reasonable belief of necessity exists to determine contraventions (ss 21-22). They can require production of documents, inspect, copy, photograph, record and seize documents reasonably considered relevant (ss 24-25). Search warrants may be obtained from an issuing officer consistent with the Law Enforcement (Powers and Responsibilities) Act 2002 (s 26).
Administrative tools include compliance notices requiring remedial steps (s 30), prohibition orders banning conduct (s 33), prohibition orders barring a person or body from gaming for up to two years (s 34), and applications to courts for monetary and injunctive relief (s 35). The Secretary may accept enforceable undertakings that, when in effect, generally preclude further proceedings for the same contravention (ss 37, 42). The Secretary must notify reasons and publish acceptances or rejections of undertakings (s 38).
Offences and penalty architecture is a core concept. The Act specifies a mix of criminal offences (including indictable offences), summary offences, and the capacity for regulations to create civil penalties and penalty notice offences (s 49(2)(f), s 46). Corporations attract derivative liability for directors and those concerned in management who knowingly authorise or permit contraventions (s 44).
Transitional and savings concepts are present. Existing permits and activities under the repealed legislation are taken to be authorities and permitted gaming activities under this Act, subject to regulation and to possible disallowance by the regulations (Schedule 1, cls 3-5).
Finally, the objects clause situates the regulatory intent. It claims the Act seeks to allow charitable and community gaming while ensuring reasonable net public benefits, fairness and integrity, support for viable community organisations, and minimisation of regulatory burden, to be achieved by restricting who may conduct gaming, adopting a principles‑based regulatory framework aligned to risk and ensuring proceeds are applied for the stated purposes (s 3(1)-(2)). Those are policy statements in the Act which the statutory mechanisms are designed to operationalise.
Who it affects
The Act reaches a number of discrete groups and legal actors by design. The primary group affected is any person or body that conducts, organises, authorises or benefits from gaming activities as defined. That includes incorporated and unincorporated bodies, volunteer or governing body members who authorise gaming, trustees and officers who authorise conduct, persons or bodies that solicit or receive money in the course of a gaming activity, and contractors or agents who act on behalf of a conductor (s 6(2)(a)-(d)). The definition of conduct explicitly catches governance participants who authorise gaming activity as officers, trustees or members of governing bodies, so management-level individuals are within scope.
Organisations that want to run permitted gaming must apply for an authority from the Secretary and satisfy any qualifications prescribed by regulation and fitness and propriety requirements (s 11(1)-(3)). Authorities may be granted unconditionally or subject to conditions imposed by regulation or by Secretary notice (s 11(5)-(6)). The Secretary may also suspend or cancel authorities for non‑compliance, public interest reasons or other prescribed grounds (s 11(7)). The regulations may prescribe fees, duration and appeal processes (s 11(8)).
Participants and prize winners are affected via protections and entitlements. Conductors must award prizes to winners and may be criminally liable for non‑award except where the winner cannot be found after reasonable inquiries (s 13). Courts have power to order payment to participants if they are entitled (s 35(3)(a), (4)(a)). Participants are also within the scope of the Act where gaming activity involves the sale or disposal of property or services to participants (s 5(2)).
Commercial intermediaries, ticket sellers and advertisers are affected. Sellers or offerors of tickets, printers or makers of tickets, and people who receive money for sale of rights to participate are all criminalised from doing so in relation to prohibited gaming (s 8(2)-(4)). Publication or dissemination of advertisements promoting a gaming activity prohibited by the Act is an offence, subject to limited defences for lack of knowledge or where the publisher used content provided by, and not notified by, the Secretary to cease publication (s 9).
Regulatory personnel and enforcement officers are also targeted. The Secretary is central as decision‑maker for authorities, imposition of conditions, acceptance of undertakings, and various orders (s 11, ss 37-42, ss 33-34). Authorised officers include the Secretary, persons authorised in writing by the Secretary, investigators appointed under the Fair Trading Act 1987, and police officers; they are empowered to investigate and enforce compliance (s 4(1) authorised officer). The Minister may direct recovery of investigation remuneration in specified circumstances (s 28).
Corporations, directors and persons concerned in management are directly affected through derivative liability provisions. If a corporation contravenes the Act, each director or person concerned in management who knowingly authorised or permitted the contravention is taken to have contravened the same provision and may be proceeded against (s 44).
Trustees and governing body members face particular exposure where a body fails to comply with compliance notices, orders or court directions. The Act expressly makes trustees and members jointly and severally liable if the trustee or person knowingly authorised or permitted the failure to comply in multiple provisions (s 28(5)-(6), s 30(7), s 33(3), s 34(3), s 35(7), s 45(3)). That converts organisational enforcement risk into personal exposure for governance participants in particular factual circumstances.
Advertisers and media platforms may be affected by s 9 which prohibits publication promoting prohibited gaming, although the Act provides a defence if the publisher did not know and could not reasonably have known, or where the content was provided by the operator and the publisher has not been notified by the Secretary that the publication may contravene the section (s 9(2)-(3)).
Persons resident in NSW who participate in gaming activities outside NSW, interstate or overseas are brought within the Act’s ambit where they participate or can participate (s 7(1)). Activities authorised under a corresponding law in another State or Territory that is prescribed by regulation may be taken to be permitted (s 7(2)). This extends regulatory reach beyond purely local or physical conduct.
Finally, the Act affects those subject to the regulations, including private agents, auditors and accountants who may be required to maintain records, submit accounts, be available for audits and comply with prescribed procedures for sale and disposal of unclaimed prizes and payment of proceeds (s 49(2)(e), (i), (m)). The regulations may also prescribe offences as penalty notice offences under the Fines Act 1996, affecting enforcement pathways for a range of contraventions (s 46).
Key duties and rights
The Act imposes express duties on organisers and related persons and preserves or creates specified rights to administrative review, remedies and certain defences.
Key duties:
Do not conduct, receive money for, sell, print or otherwise enable participation in gaming activities unless the activity is a permitted gaming activity conducted under this Act and the regulations, or unless acting solely as participant (s 8(1)-(4), (5)(a)-(b)). Each of these actions carries a maximum penalty specified at 50 penalty units where applicable (s 8).
Ensure that prizes offered are not in the classes that render an activity non‑permitted, namely tobacco, firearms and ammunition, imitation firearms, prohibited weapons, or other prescribed items or services (s 12(1)(a)-(d)). Regulations may allow exceptional circumstances (s 12(2)).
Award to winners the prizes they are entitled to under the gaming activity (s 13(1)). Failing to award a prize is an offence with a maximum penalty of 50 penalty units; there is a defence if, despite all reasonable inquiries, the winner could not be located (s 13(2)-(3)).
Maintain truthful records and not falsify, alter or omit material particulars in records relating to permitted gaming activities. Falsifying records with intent to defraud or deceive is an indictable offence with a maximum penalty of 200 penalty units or five years imprisonment, or both (s 16).
Avoid conversion or misappropriation of funds or prizes connected with a permitted gaming activity. Conversion of proceeds or prizes by a person concerned in the conduct of a permitted gaming activity is an indictable offence with the same maximum penalty as falsification (s 14).
Not to fraudulently manipulate a permitted gaming activity so that participants do not have an equal chance of winning, or to fraudulently conduct games partly of skill and chance (s 15).
Comply with lawful requirements of authorised officers to produce accounts, statements and documents, to answer questions, and to attend to give evidence when required under a notice (s 25). Failure to comply is an offence under s 29 with a maximum penalty of 50 penalty units or six months imprisonment or both.
Comply with compliance notices issued requiring remedy of contraventions, prevention of likely contraventions, or remedy of things causing contraventions; failure to comply attracts penalties (s 30(2)-(6)). Where a body fails to comply, trustees or members who knowingly authorised or permitted the failure are separately liable (s 30(7)).
Rights and procedural protections:
Applicants have a statutory right to apply for an authority and to expect the Secretary to consider prescribed qualifications and matters in regulations; however the Secretary must refuse where the applicant is not fit and proper (s 11(1)-(3)). The Secretary may have regard to the public interest (s 11(4)).
Holders of authorities are subject to natural justice protections in relation to suspension or cancellation insofar as regulations may make procedures for proposed suspension or cancellation and for reviews or appeals (s 11(8)(d)-(e)).
Persons and bodies given prohibition orders under ss 33 and 34 have access to administrative review by the Civil and Administrative Tribunal under the Administrative Decisions Review Act 1997 (s 33(4), s 34(4)).
An authorised officer must carry and produce identity cards when exercising powers of entry or other powers under the Act, which provides immediate identification to persons from whom powers are being exercised (ss 19-20).
Persons may provide enforceable undertakings to the Secretary in connection with contraventions or alleged contraventions. Acceptance of an undertaking is not an admission of guilt (s 37(1)-(2)). The Secretary must provide written notice of decision and reasons and make decisions to accept undertakings publicly available (s 38(1)-(2)). When in effect an undertaking generally prevents proceedings for the related contravention (s 42(1)-(2)), subject to exceptions.
Defences exist in particular statutory contexts. For example, publication of an advertisement contrary to s 9 is defensible where the publisher did not know and could not reasonably have known the activity was prohibited, or where the publisher used material provided or approved by the activity operator and had not been notified by the Secretary that publication may contravene the section (s 9(2)-(3)).
Corporations and their officers face derivative liability but procedural safeguards for criminal prosecutions apply. Proceedings for many offences may be dealt with summarily before the Local Court (s 43). Chapter 5 of the Criminal Procedure Act 1986 applies for indictable offences listed in Schedule 1 to that Act, which touches on the mode of proceedings for more serious offences under ss 14 and 16 (s 43 note).
Administrative discretion and duties of decision makers:
The Secretary has a range of discretions: to grant authorities, to impose, vary or revoke conditions (s 11(5)-(6)), to accept undertakings and publish reasons (ss 37-38), to issue compliance notices, prohibition orders, and to prohibit persons or bodies for up to two years (ss 30, 33, 34). The Secretary must issue identity cards to authorised officers (s 19(1)) and must ensure notices comply with prescribed contents when issuing compliance notices (s 30(3)). The Minister may direct recovery of authorised officer remuneration and expenses in relation to prosecutions where a person is found guilty (s 28).
These duties and rights are statutory. The Act leaves many operational specifics to the regulations which will prescribe permitted activities, qualifications, fees, records, advertising rules, audits, and civil penalty regimes (s 49(2)). Compliance therefore requires attending both to statutory obligations and to the regulatory instruments that will operationalise the Act.
Penalties and enforcement
The Act prescribes a mixture of criminal penalties, civil enforcement routes, administrative sanctions, and penalty‑notice mechanisms.
Criminal penalties and indictable offences:
General prohibitions: It is an offence to conduct a gaming activity, to receive money paid for sale or provision of a ticket or other right to participate, to sell or offer to sell a ticket or right to participate, and to print or make available tickets in electronic form, where the activity is not a permitted gaming activity. Each of these carries a maximum penalty of 50 penalty units (s 8(1)-(4), (5) exemptions).
Prize award: Failure to award a prize is an offence with a maximum penalty of 50 penalty units, subject to defences including inability to locate the winner after reasonable enquiries (s 13(2)-(3)).
Misappropriation of funds or prizes: Defined as an indictable offence where a person concerned in the conduct of a permitted gaming activity converts money raised or prizes to personal use. Maximum penalty is 200 penalty units or imprisonment for 5 years, or both (s 14).
Fraudulent conduct: Persons who, with intent to defraud, conduct permitted gaming so that not all participants have an equal chance of winning or who fraudulently conduct games partly of skill and chance, commit offences punishable by 50 penalty units or imprisonment for 6 months, or both (s 15).
Falsification of records: Altering, falsifying or making false entries in records relating to permitted gaming with intent to defraud or deceive is an indictable offence, maximum penalty 200 penalty units or imprisonment for 5 years, or both (s 16).
False representations: Making representations to employees or agents that compliance steps required by the Act have been done when known to be untrue or recklessly made is an offence with maximum penalty 50 penalty units or imprisonment for 6 months, or both (s 17).
Offences relating to inquiries and inspections, such as hindering authorised officers, failing to comply with notices, refusing to answer or provide information, or altering documents, carry maximum penalties of 50 penalty units or imprisonment for 6 months, or both (s 29).
Mode of proceedings:
Proceedings for offences under the Act, except for ss 14 and 16, may be dealt with summarily before the Local Court (s 43). The Act notes Chapter 5 of the Criminal Procedure Act 1986 applies to ss 14 and 16 as more serious offences (s 43 note).
Corporate liability and personal exposure:
Corporations are liable for offences, and the Act creates derivative liability for directors or persons concerned in management who knowingly authorised or permitted the contravention. Those persons may be proceeded against regardless of proceedings against the corporation (s 44). Trustees and governing body members face personal liability where bodies fail to comply with compliance notices, Secretary orders, court orders or criminal orders if they knowingly authorised or permitted the failure, with specific maximum penalties identified in each relevant provision (s 28(5)-(6), s 30(7), s 33(3), s 34(3), s 35(7), s 45(3)).
Administrative enforcement:
Compliance notices: An authorised officer may issue compliance notices requiring remedy of contraventions, prevention of likely contraventions, or remediation of causes. A recipient must comply within a reasonable period or face penalties up to 50 penalty units. Bodies that fail to comply may trigger personal liability for trustees or governing persons who knowingly authorised or permitted the failure (s 30(1)-(7)).
Secretary’s orders: The Secretary may issue a written prohibition order preventing the conduct of a gaming activity where the Secretary is satisfied non‑compliance is likely or it is against the public interest; failure to comply is an offence with a maximum penalty of 50 penalty units (s 33(1)-(3)). The Secretary may also prohibit a person or body from conducting gaming activities for up to two years where there is persistent non‑compliance and a likelihood of continuation (s 34(1)-(3)).
Court orders and civil relief: The Local Court and Supreme Court may make orders on application by the Secretary. Local Court orders are limited to amounts up to $100,000 to participants or beneficiaries (s 35(3), (5)). The Supreme Court has broader powers, including ordering payment of money or prizes to participants or beneficiaries, ordering cessation of conduct, and directing compliance with authorities and rules (s 35(4)). Failure to comply with court orders is an offence (s 35(6)-(7)). Enforcement of monetary orders is via registrar certificates and entry of judgment as prescribed (s 36).
Recovery of expenses: The Minister may direct that remuneration and expenses of authorised officers attributable to exercise of functions in relation to a person or body be payable by that person or body, but only where remuneration was payable or expenses incurred in relation to an offence of which a person has been found guilty. The Minister certifies the amount and it is recoverable as a debt to the Crown (s 28(1)-(4)). Trustees may be jointly and severally liable where they knowingly authorised or permitted the offence (s 28(5)-(6)).
Enforceable undertakings and consequential remedies:
The Secretary may accept written undertakings related to contraventions; acceptance takes effect when the Secretary’s decision is given (s 37(1), (4)). The Secretary must give written notice and reasons and publish acceptance and reasons (s 38(1)-(2)). Contravening an undertaking is an offence with penalty up to 50 penalty units (s 39). The Secretary can apply to the Local Court for orders where undertakings are contravened and the Court may direct compliance, discharge the undertaking or make other orders including costs and monitoring cost recovery (s 40).
Penalty notices and civil penalties:
The Secretary’s authorised officers may issue penalty notices for offences prescribed by regulation as penalty notice offences. The Fines Act 1996 applies, allowing payment of the specified amount to avoid court proceedings (s 46(1)-(4)). The regulations may also create civil penalties and prescribe jurisdiction and appeal routes for civil penalty enforcement (s 49(2)(f)).
Investigatory powers and checks:
Authorised officers have powers of entry, inspection, seizure, photography and to require production of accounts and documents (ss 22-25). Entry to residential premises is excluded unless a warrant or consent is provided, or unless the Secretary certifies otherwise in circumstances justified (ss 22(1)-(2), 23(2)-(3)). Search warrants follow issuing officer rules under LEPRA and may be accompanied by police (s 26). Identity cards are mandatory for exercising powers except for the Secretary, police officers or Fair Trading investigators (ss 19-20).
Taken together, the Act combines criminal sanctions for fraud, theft and record falsification with administrative tools to prevent and remediate non‑compliance, and provides for both individual liability for governance participants and corporate liability. Many details of enforcement modalities, fee structures, and which activities are permitted or classified as penalty notice offences are left to subordinate regulation, which will materially determine day-to-day enforcement outcomes (s 49).
How it interacts with other laws
The Community Gaming Act 2018 expressly interacts with a range of other statutory instruments by reference, by importing roles under other Acts, and by displacing or precluding conflicting provisions in certain contexts.
Displacement and non‑application:
The Act specifically states that nothing in the Unlawful Gambling Act 1998 or any other law is taken to render unlawful a gaming activity that is a permitted gaming activity under this Act (s 10(3)). This is an operative statement that a gaming activity permitted under the regulations and Act is not to be treated as unlawful by those other laws.
References to investigatory and enforcement frameworks:
Search warrants issued under s 26 of this Act are explicitly made subject to Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA). The Act defines issuing officer by reference to an authorised officer under LEPRA (s 26(3)-(4)). Police may accompany authorised officers in executing search warrants as if named in the warrant (s 26(2A)). This ties the Act’s search warrant regime into the existing LEPRA framework and LEPRA safeguards and processes.
Overlap with Fair Trading Act 1987:
The Act incorporates investigators appointed under s 18 of the Fair Trading Act 1987 into the definition of authorised officer (s 4(1)(c)), and provides that an investigator under the Fair Trading Act complies with the Act’s identity card production requirement by carrying the investigator’s certificate issued under that Act (s 20(2)). This imports personnel from the Fair Trading regime and aligns identity verification processes.
Administrative review and tribunal jurisdiction:
The Secretary’s prohibition orders under ss 33 and 34 are subject to administrative review at the Civil and Administrative Tribunal under the Administrative Decisions Review Act 1997 (s 33(4), s 34(4)). The Act therefore preserves existing administrative review pathways for affected persons and bodies.
Fines Act and penalty notice regime:
The Act’s penalty notice framework cross-references the Fines Act 1996, applying that Act to penalty notices issued under s 46(3). The regulations may also specify penalty notice offences and the amounts payable (s 46(2), (4)). This integrates penalty notice enforcement with the NSW fines administration and collection mechanisms.
Criminal procedure cross‑reference:
The Act notes that Chapter 5 of the Criminal Procedure Act 1986, which relates to summary disposal of certain indictable offences unless an election to proceed on indictment is made, applies to offences under ss 14 and 16 (s 43 note). This situates the mode of prosecution for the Act’s most serious offences within the standard criminal procedure framework.
Licensing and uniform procedures:
The regulations may amend Schedule 1 to the Licensing and Registration (Uniform Procedures) Act 2002 by inserting a reference to s 11 or to a provision of the regulations, effectively applying uniform licensing procedures to authorities under this Act (s 11(9)). This allows the licensing procedure, review and appeal mechanisms under the Uniform Procedures Act to be applied to gaming authorities where the regulations provide.
Interpretation Act and notes:
The Act refers to the Interpretation Act 1987 for general interpretive matters and for the inclusions of references to persons to include corporations (s 4 note). This ensures that general interpretive presumptions operate.
Other substantive Acts referenced:
The Act identifies particular prohibitions that cross‑reference definitions in other criminal or regulatory statutes: firearms and imitation firearms within the meaning of the Firearms Act 1996, and prohibited weapons within the meaning of the Weapons Prohibition Act 1998, are expressly prohibited as prizes that would render an activity not permitted (s 12(1)(b)-(c)). That locates the prize prohibition in existing definitions under specialist legislation.
Savings and transitional interaction:
The Act expressly repeals older legislation (Lotteries and Art Unions Act 1901 and the Lotteries and Art Unions Regulation 2014) and provides for savings and transitional operation to carry over permits and activities under the former legislation into the new regime (s 50, Schedule 1, cls 3-5). The regulations may override these transitional savings in specific cases (Schedule 1, cl 4(2), cl 5(3)).
Ministerial and departmental cross‑functions:
The Act references the Department of Customer Service as Department, and identifies the Secretary as the Commissioner for Fair Trading in that Department or the Secretary if no commissioner is employed (s 4 definitions). The Minister’s power to direct cost recovery for authorised officer remuneration and expenses ties the Department’s enforcement costs to outcomes under this Act in limited circumstances (s 28).
Regulatory design and civil penalties:
The Act permits the Governor to make regulations that create civil penalties and to confer jurisdiction on persons, courts or tribunals to enforce them and to provide for appeals (s 49(2)(f)). This creates a statutory bridge between criminal enforcement and civil administrative sanctioning, to be defined by regulation.
Overall, the Act is designed to overlay and interoperate with existing NSW statutory regimes rather than to operate in isolation. The many cross‑references incorporate investigatory powers, definitions, fines and licensing processes from other statutes. The actual shape of interaction is in part conditional on what the regulations prescribe, particularly which gaming activities are permitted, which contraventions are civil penalty matters, and whether licensing uniform procedures are applied (s 10, s 11(8)-(9), s 49).
Amendment history
The text of the Act as provided includes in‑text amendment notes identifying certain amendments and the instruments that made them. Those annotations are the sole amendment references contained in the source. The identified amendments and their cited instruments are as follows:
Section 3, Objects of Act, annotated "Am 2019 No 23, Sch 1.5[1]" indicating an amendment in 2019 by No 23 Schedule 1.5[1] (s 3).
Section 4, Definitions, annotated "Am 2022 No 59, Sch 3.12; 2023 No 7, Sch 3.4" indicating amendments in 2022 and 2023 reflected in Schedule entries to those amending Acts (s 4).
Section 10, Permitted gaming activities, annotated "Am 2019 No 23, Sch 1.5[2]" indicating a 2019 amendment (s 10).
Section 26, Search warrants, annotated "Am 2020 No 25, Sch 2.2[1] [2]" indicating amendments in 2020 to the search warrant provisions (s 26).
Section 38, Notice of decision and reasons for decision, annotated "Am 2024 No 25, Sch 1.3[1]" indicating a 2024 amendment (s 38).
Section 41, Withdrawal or variation of undertaking, annotated "Am 2024 No 25, Sch 1.3[2]" indicating a 2024 amendment (s 41).
Section 48, Service of documents, annotated "Am 2024 No 25, Sch 6.6." indicating a 2024 amendment to service provisions (s 48).
Section 49, Regulations, annotated "Am 2020 No 3, Sch 1.7[1]" indicating a 2020 amendment to the regulations head power and prescription list (s 49).
Schedule 1, Savings, transitional and other provisions, annotated "sch 1: Am 2020 No 3, Sch 1.7[2]" indicating Schedule 1 was amended in 2020 (Schedule 1).
Schedule 2 is shown as repealed, with an annotation "sch 2: Rep 1987 No 15, sec 30C" (Schedule 2).
The Act also contains internal notes that some of the regulation‑making powers and transitional mechanisms may be exercised in consequence of other amending Acts, for example noting that regulations may be made for savings or transitional purposes (Schedule 1, cl 1) and that the regulations may amend Schedule 1 of the Licensing and Registration (Uniform Procedures) Act 2002 in respect of s 11 (s 11(9) note).
Commencement remains by proclamation (s 2) and Schedule 1 includes provisions dealing with the effect of regulations taking effect from dates earlier than publication and the restrictions on retrospective prejudicial effect (Schedule 1, cl 1(2)-(3)).
The source contains these amendment annotations only. No further amendment history, dates of commencement, or repeal dates beyond those annotations are contained in the supplied text.
Litigation history
The supplied text of the Community Gaming Act 2018 contains no case law, judicial decisions, or litigation history. It does, however, identify adjudicative and review pathways which may be used in future litigation:
Administrative review routes: Persons or bodies given orders under ss 33 and 34 may apply to the Civil and Administrative Tribunal for administrative review under the Administrative Decisions Review Act 1997 (s 33(4), s 34(4)). The Act therefore anticipates, but does not record, tribunal litigation in relation to Secretary decisions.
Court litigation routes: The Secretary may apply to the Local Court or the Supreme Court for orders under s 35. The Act sets time limits for such applications (not later than two years after the gaming activity was conducted or after the contravention for undertakings and certain orders, see ss 35(2), 40(2)). Courts may make monetary orders, orders to cease activity and injunctive or compliance orders (s 35).
Contravention proceedings: The Act provides the statutory offences that can be prosecuted in criminal courts or dealt with summarily in the Local Court; it also enables the Secretary to apply to court to enforce undertakings (ss 37-40, 43).
Enforcement executions: The Act specifies enforcement mechanisms for court orders including entry of judgments by registrars and recovery as debt (s 36).
Because the source contains no reported disputes, judicial interpretations, or appellate decisions, there is no litigation history to summarise. Any analysis of how courts have interpreted the Act, or of precedent applying it, must await published judicial decisions which are not included in the provided text.
Gotchas
The Act contains several operational and drafting features that require attention because they materially affect legal risk and compliance practice.
Breadth of who "conducts" a gaming activity:
The definition of conduct in s 6 treats as conduct not only the immediate operator but those who authorise the conduct as officers, trustees and governing body members, and those who solicit or receive money in the course of the conduct. That means governance participants can be exposed to prosecution or personal liability where the body contravenes the Act, particularly where they knowingly authorised or permitted non‑compliance (s 6(2)(a)-(d); ss 30(7), 33(3), 34(3), 35(7), 45(3)). Liability can be joint and several for trustees in certain enforcement provisions (s 28(5)).
The Act only regulates gaming activities that involve sale or disposal of property or services:
Section 5(2) limits the Act to gaming activities that involve sale or disposal of property or services, or a promise to sell or otherwise dispose of property or services, to participants or at their direction. That scope element is key when advising whether an activity falls within the statutory regime.
Permitted activities are to be prescribed in regulation:
The substantive permissions and conditions are delegated to the regulations (s 10, s 49). Until the regulations are consulted, a precise operational view of what is permitted, and what qualifies as a regulated prize, is incomplete. The Act anticipates variance according to charitable, social, not‑for‑profit and trade promotion purposes (s 10 note).
External and interstate reach:
The Act applies to activities conducted outside NSW, interstate and even outside Australia where NSW residents participate or can participate (s 7(1)). This extraterritorial reach and the provision that activities authorised under corresponding laws in other jurisdictions may be taken to be permitted (s 7(2)) can create complexity where online or cross‑jurisdictional gaming is involved.
Advertising offence with limited defences:
Publishing advertisements that promote activities prohibited by the Act is an offence (s 9). Defences exist for lack of knowledge or for publishers using material provided or approved by the operator and not notified by the Secretary, but these defences require particular factual foundations and may not protect careless publishers (s 9(2)-(3)).
Authorised officers may enter premises other than those used only for residential purposes without consent or a warrant (s 22(1)). For residential premises, entry requires consent or a search warrant (s 22(2)). However the Secretary can certify that an authorised officer need not comply with requirements for time and notice for entry in specified circumstances (s 23(2)). That can compress procedural protections in specified circumstances.
Secretary’s broad discretionary powers:
The Secretary may impose conditions, vary them by notice, suspend or cancel authorities, issue prohibition orders and accept undertakings. The Secretary may also publish reasons for decisions and accept undertakings and make them public (ss 11, 33, 34, 37-38). That creates single‑decisionmaker points where administrative practice will significantly affect regulated parties.
Personal liability for trustees and governing persons:
Several enforcement provisions expressly make trustees and governing body members personally liable if they knowingly authorised or permitted failures to comply with compliance notices, orders or court directives (ss 28(5)-(6), 30(7), 33(3), 34(3), 35(7), 45(3)). The knowledge threshold is pivotal; defendants may be able to show lack of knowledge, but the statutory hook elevates governance risk.
Undertakings bar proceedings while in effect:
Once an undertaking is accepted by the Secretary and is in effect, proceedings for the contravention are generally precluded (s 42(1)). That can be an important tool for regulated parties but also means that strategic use of undertakings by the Secretary can defer or replace enforcement action with negotiated remedies. The Secretary must publish reasons for accepting or rejecting undertakings (s 38).
Deferral of many particulars to regulation:
Key operational matters are left to regulation: which activities are permitted, fees, registers, prize limits, advertising rules, audits and civil penalty design (s 49(2)). This means risk assessment needs to be done against the primary Act and its implementing regulations together; the Act alone does not answer many practical questions.
Time limits for court applications and undertaking enforcement:
Applications to courts under s 35 and to enforce undertakings under s 40 must be made not later than two years after the gaming activity was conducted or after the contravention occurred (ss 35(2), 40(2)). Those statutory limitation windows are relevant for enforcement forecasting and litigation strategy.
Recovery of authorised officers’ costs tied to conviction:
The Minister’s power to direct that a person pay remuneration and expenses of authorised officers in relation to an exercise of functions applies only where the remuneration or expenses were incurred in relation to an offence of which a person has been found guilty (s 28(2)). That conditions recovery on prosecution success, which affects risk calculus for recovery of enforcement costs.
Penalty notice offences and civil penalties are regulation-dependent:
The Act enables regulations to prescribe penalty notice offences or civil penalties and to specify the amounts and enforcement jurisdictions (s 46, s 49(2)(f)). That means enforcement via penalty notices or civil penalties will depend on regulatory choices and the policy of enforcement agencies.
Transitional conversion of older permits:
Existing permits under the repealed Lotteries and Art Unions Act are taken to be authorities under this Act (Schedule 1, cl 5). However regulations may provide that an activity taken to be permitted is not permitted (Schedule 1, cl 4(2)). Users should check transitional regulations to see whether existing permissions survive unchanged.
Those features illustrate places where the Act’s effect depends on factual detail, the regulations, or the Secretary’s exercise of discretion. Practitioners should map regulatory instruments, Secretary policy, and factual circumstances (including governance structures and records) against the Act’s statutory provisions to mitigate risk.
How to comply
Compliance under the Act requires a mix of pre‑registration diligence, governance controls, recordkeeping, operational practices and procedural responsiveness to authorised officers and the Secretary. Below are pragmatic steps grounded in the statutory requirements.
Confirm whether the activity is a gaming activity within scope:
Start with s 5. Confirm the activity is a game of chance, partly skill partly chance, or is prescribed by regulation as a gaming activity (s 5(1)). Check s 5(2) which limits application to activities involving sale or disposal of property or services or a promise to do so. If the activity is online or involves interstate or overseas elements, check s 7 for extraterritorial application and whether the activity is authorised under a corresponding law that regulations treat as permitted (s 7(1)-(2)).
Consult the regulations to determine whether the activity is permitted:
Permitted gaming activities are those the regulations specify (s 10). Regulations will also set out categories, conditions and whether an authority is required (s 10(2), s 11(8)(a)). Do not rely on the Act alone; obtain and read the regulations that implement s 10 and s 49.
If required, apply for an authority and satisfy prescribed qualifications:
If the activity is a permitted gaming activity that requires an authority, lodge an application in accordance with regulations. Be prepared to show any qualifications prescribed, demonstrate fitness and propriety, and respond to public interest questions the Secretary may consider (s 11(1)-(4)). Ensure applications are complete and accurate because false representations are an offence (s 17).
Establish governance controls and documentation:
Because the Act treats authorisation by officers, trustees and governing body members as conducting the activity, document governance decisions, approvals and due diligence. Meeting minutes, resolutions and delegation instruments reduce ambiguity about who authorised conduct and whether authorisers acted within authority (s 6(2)(a)). Maintain clear records to counter allegations that trustees knowingly authorised or permitted non‑compliance (ss 28(5)-(6), 30(7)).
Maintain robust financial records and audit trails:
The Act criminalises misappropriation and falsification of records (ss 14, 16). Regulations may prescribe recordkeeping and audit obligations (s 49(2)(i), (m)). Keep separate bank accounts for proceeds, preserve invoices, reconcile ticket sales, and maintain time‑stamped transaction records. Ensure independent oversight of cash handling and prize allocation.
Prize compliance:
Check s 12 and the regulations for prohibited prizes (s 12(1)-(2), s 49(2)(b)-(c)). Design prize offerings to avoid prohibited categories and be ready to justify exceptional circumstances if regulations allow exceptions. Document prize procurement chains and award processes to evidence compliance with s 13.
Ticketing, agents and commissions:
If tickets are sold through agents, ensure agents and commissions are documented in written agreements. The regulations may regulate agents and commission payments (s 49(2)(k)-(l)). Keep agent registers and receipts, and ensure agents are aware of their legal obligations under the Act.
Advertising and marketing controls:
Avoid publishing advertisements for activities that may not be permitted (s 9(1)). Implement approval workflows to ensure marketing is consistent with the current authority and the Secretary has not issued a notice that publication may contravene s 9. Where content is provided by the operator, keep records showing approval and track any communications from the Secretary advising that publication may contravene the Act, as s 9 provides a defence when publishers have not been so notified (s 9(3)).
Prepare for authorised officer inspections and notices:
Authorised officers can require documents, answers and attendance (s 25). Ensure a nominated contact can receive and respond to written notices, produce accounts in the manner requested and provide statutory declarations where required. Train staff on how to interact with authorised officers and to request to see identity cards when powers are being exercised (ss 19-20). For non‑residential premises have ready the documents authorised officers may request, and for residential premises understand consent and warrant requirements (ss 22-23).
Respond promptly to compliance notices and orders:
Compliance notices must be complied with within the reasonable time specified; failure attracts penalties and may
(b) a person for the time being authorised in writing as an authorised officer by the Secretary, or
(c) a person appointed as an investigator under section 18 of the Fair Trading Act 1987, or
(d) a police officer.
authority means an authority to conduct a permitted gaming activity granted under the regulations.
body means an unincorporated body.
Note.
A reference to a person in this Act includes a reference to a corporation or other incorporated body (see Interpretation Act 1987).
compliance notice—see section 30 (2).
conduct a gaming activity—see section 6.
Department means the Department of Customer Service.
function includes a power, authority or duty, and exercise a function includes perform a duty.
permitted gaming activity means a gaming activity permitted under section 10 and includes an activity taken under section 7 to be a permitted gaming activity.
prize includes any property or services sold or otherwise disposed of by means of a gaming activity.
property includes real or personal property.
Secretary means—
(a) the Commissioner for Fair Trading, Department of Customer Service, or
(b) if there is no person employed as Commissioner for Fair Trading—the Secretary of the Department.
Note.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) Notes included in this Act do not form part of this Act.
s 4: Am 2022 No 59, Sch 3.12; 2023 No 7, Sch 3.4.
5 Gaming activities
5 Gaming activities
5 Gaming activities
(1) In this Act—
gaming activity means—
(a) a game of chance or a game partly of skill and partly of chance, or
(b) without limiting paragraph (a), the award of any prize by lot or on the basis of a chance contingency related to a horse race, sporting event or competition, or
(c) any activity, event, scheme or other matter prescribed by the regulations for the purposes of this definition as a gaming activity.
participant in a gaming activity means—
(a) a person who enters or competes in, or otherwise participates in, a gaming activity, or
(b) a person on behalf of whom another person enters or competes, or otherwise participates, in a gaming activity.
(2) This Act applies to a gaming activity only if it involves the sale or other disposal of property or services, or a promise to sell or otherwise dispose of property or services, to participants in the activity or at the direction of the participants.
(3) This Act applies to a gaming activity whether or not consideration is paid by or on behalf of a person to become a participant.
(4) The regulations may exempt a game, other activity, event, scheme or other matter from being a gaming activity to which this Act, or any provision of this Act, applies.
(5) Any such exemption may be unconditional or subject to conditions.
6 Conduct of gaming activities
6 Conduct of gaming activities
6 Conduct of gaming activities
(1) In this Act, conduct a gaming activity means conduct or organise the gaming activity, whether alone or with others.
(2) The following are taken to conduct a gaming activity—
(a) each person who authorises the conduct or organisation of a gaming activity as an officer, a trustee or member of the governing body of an incorporated or unincorporated body,
(b) a person or body that authorises the conduct or organisation of a gaming activity by an agent, contractor or employee,
(c) a person who assists in conducting or organising a gaming activity,
(d) a person or body that solicits or receives any money, property or other benefit in the course of the conduct or organisation of a gaming activity (other than as a prize winner or participant in the gaming activity),
(e) any other person or body prescribed for the purposes of this section by the regulations.
(3) A person or body does not conduct a gaming activity—
(a) if the person or body conducts the gaming activity solely as the agent or employee of another person or body that conducts the gaming activity, or
(b) merely because the person or body gives any money or other benefit in the course of the gaming activity.
7 Application of Act to external gaming activities
7 Application of Act to external gaming activities
7 Application of Act to external gaming activities
(1) This Act and the regulations apply to a gaming activity in which persons resident in this State participate or can participate that is conducted or proposed to be conducted—
(a) outside Australia (whether or not it is lawful in the place where it is conducted or is proposed to be conducted), or
(b) in another State or a Territory.
(2) A gaming activity is taken to be a permitted gaming activity if—
(a) it is conducted or proposed to be conducted in another State or a Territory, and
(b) it is authorised under a law of that State or Territory that is prescribed by the regulations as a corresponding law for the purposes of this section.
Part 2 Regulation of gaming activities
Part 2 Regulation of gaming activities
Part 2 Regulation of gaming activities
Division 1 General prohibitions
Division 1 General prohibitions
Division 1 General prohibitions
8 Conduct of gaming activities generally prohibited
8 Conduct of gaming activities generally prohibited
8 Conduct of gaming activities generally prohibited
(1) A person must not conduct a gaming activity.
Maximum penalty—50 penalty units.
(2) A person must not receive an amount of any money paid for the sale or provision of a ticket or other right to participate in a gaming activity.
Maximum penalty—50 penalty units.
(3) A person must not sell or offer to sell a ticket or other right to participate in a gaming activity.
Maximum penalty—50 penalty units.
(4) A person must not print, or make available in electronic form, a ticket or other right to participate in a gaming activity.
Maximum penalty—50 penalty units.
(5) This section does not apply—
(a) to or in respect of a permitted gaming activity carried out in accordance with this Act and the regulations, or
(b) to any act or omission of a participant in a gaming activity if the act or omission is done or omitted to be done solely in that capacity.
9 Prohibited advertisements
9 Prohibited advertisements
9 Prohibited advertisements
(1) A person must not cause to be published any advertisement, notice or other information promoting a gaming activity if the conduct of that activity is prohibited by or under this Act.
Maximum penalty—50 penalty units.
(2) It is a defence to proceedings against a person who causes an advertisement to be published if the person establishes that the person did not know, and could not reasonably have known, that the gaming activity was prohibited by or under this Act.
(3) It is a defence to proceedings against a person who causes an advertisement to be published (the publisher) if the person establishes that—
(a) the advertisement, notice or information was in the form provided (either directly or indirectly) or approved by or on behalf of a person conducting or proposing to conduct the gaming activity, and
(b) the publisher has not been notified by or on behalf of the Secretary that the publication of the advertisement, notice or information may contravene this section.
(4) In this section—
publish means disseminate, exhibit, provide or communicate by oral, visual, written, electronic or other means (for example, by newspaper, radio, television, the internet, cinema, billboards or other media).
Division 2 Permitted gaming activities
Division 2 Permitted gaming activities
Division 2 Permitted gaming activities
10 Permitted gaming activities
10 Permitted gaming activities
10 Permitted gaming activities
(1) The regulations may make provision for or with respect to the gaming activities that are permitted gaming activities for the purposes of this Act and authorisations to conduct permitted gaming activities.
Note.
Exemptions, and conditions attached to them, may vary according to whether a gaming activity is conducted for a charitable, social or other not-for-profit purpose or for a trade promotion purpose.
(2) Without limiting subsection (1), the regulations may—
(a) permit specified gaming activities or specified classes of gaming activities, and
(b) permit a gaming activity or class of gaming activities unconditionally or subject to conditions and may require an authority to conduct a gaming activity.
(3) Nothing in the Unlawful Gambling Act 1998 or any other law is taken to render unlawful a gaming activity that is a permitted gaming activity.
s 10: Am 2019 No 23, Sch 1.5[2].
11 Authorities to conduct gaming activities
11 Authorities to conduct gaming activities
11 Authorities to conduct gaming activities
(1) The Secretary may, on application made in accordance with the regulations, grant an authority to conduct a permitted gaming activity.
(2) The Secretary must not grant an authority to a person unless the Secretary is satisfied—
(a) that the person has the qualifications, if any, prescribed by the regulations to hold the authority, and
(b) of any other matters prescribed by the regulations for the purposes of this subsection.
(3) The Secretary must refuse to grant an authority to a person if the Secretary is satisfied that the person is not a fit and proper person to hold the authority.
(4) The Secretary may have regard to whether it is in the public interest to grant an authority when determining whether or not to grant the authority.
(5) An authority may be granted unconditionally or subject to conditions and is subject to any conditions imposed by the regulations.
(6) The Secretary may, by notice in writing given to the holder of an authority, impose a condition on the authority or amend or revoke a condition of the authority (other than a condition imposed by the regulations).
(7) The Secretary may suspend or cancel an authority on the following grounds—
(a) the holder has failed to comply with this Act or the regulations,
(b) the conduct of the gaming activity does not comply with the requirements of the authority or this Act or the regulations,
(c) the Secretary is of the opinion that it is in the public interest to suspend or cancel the authority,
(d) other grounds prescribed by the regulations for the purposes of this subsection.
(8) The regulations may make provision for or with respect to the following—
(a) the permitted gaming activities for which an authority is required,
(b) fees for authorities,
(c) the duration of authorities,
(d) procedures relating to the proposed suspension or cancellation of an authority,
(e) reviews of or appeals against the suspension or cancellation of an authority.
(9) The regulations may amend Schedule 1 to the Licensing and Registration (Uniform Procedures) Act 2002 by inserting a reference to this section or a provision of the regulations.
Note.
The effect of amending the Schedule is to apply uniform licensing provisions under that Act. The application of the provisions may be varied by regulation under this Act (see section 3 of that Act).
12 Prohibited prizes
12 Prohibited prizes
12 Prohibited prizes
(1) A gaming activity is not a permitted gaming activity if any of the prizes for the activity consist of the following—
(a) tobacco in any form,
(b) a firearm, ammunition, or an imitation firearm, within the meaning of the Firearms Act 1996,
(c) a prohibited weapon within the meaning of the Weapons Prohibition Act 1998,
(d) any item or service prescribed by the regulations for the purposes of this section.
(2) The regulations may provide for exceptional circumstances in which a contravention of subsection (1) does not have the effect that a gaming activity is no longer a permitted gaming activity.
13 Entitlement of winner to prize
13 Entitlement of winner to prize
13 Entitlement of winner to prize
(1) A person or body that conducts a gaming activity must award the winner of each prize in that gaming activity the prize concerned.
(2) A person or body that contravenes this section is guilty of an offence.
Maximum penalty—50 penalty units.
(3) It is a defence to a prosecution for an offence under this section if the person or body did not, after making all reasonable inquiries, award the prize to the winner because the winner could not be located.
(4) The regulations may specify additional circumstances in which there is a defence to a prosecution for an offence under this section.
14 Misappropriation of funds or prizes
14 Misappropriation of funds or prizes
14 Misappropriation of funds or prizes
A person is guilty of an indictable offence if the person—
(a) is concerned in the conduct of a permitted gaming activity or conducts a gaming activity as the agent or employee of a person who is concerned in the conduct of a gaming activity, and
(b) converts to the person’s own use any money raised by means of the gaming activity or any prize connected with the gaming
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