20A Exclusion register—offences
(1) A licensee of a gambling facility commits an offence if—
(a) the licensee fails to comply with the code of practice,
section 1.13 (6) (Deeds of exclusion) or section 1.14 (2) (b)
or (c) (Exclusion of people at risk or excluded under deed); or
(b) the licensee fails to look at the exclusion register within
3 consecutive trading days after the receipt of a written
notification from the commission or an approved person of—
(i) the inclusion of the matters mentioned in section 20 (3) on
the exclusion register; or
(ii) a change to the exclusion register made under
section 20 (4) (b) or (c) or section 20 (5).
Section 21
(2) A person commits an offence if—
(a) the person—
(i) accesses the exclusion register; or
(ii) adds to, or deletes from, the exclusion register a person’s
name; or
(iii) amends a person’s particulars on the exclusion register;
and
(b) the person is not authorised under section 20 (4) or (5) to do so.
(3) Strict liability applies to subsection (2) (b).
approved person—see section 20 (6) (Exclusion register).
21 Accounts of certain excluded people
practice, section 1.19 (which is about not allowing others to use
excluded people’s accounts).
22 Promotional material not to be sent to certain excluded
people
practice, section 1.20.
Division 2.5 Financial controls and gambling environment
Section 23
page 14 Gambling and Racing Control (Code of Practice)
Division 2.5 Financial controls and gambling
environment
23 Other cash payment limits
(1) A licensee, other than a casino licensee, commits an offence if the
licensee contravenes the code of practice, section 1.23.
24 Directions about information, clocks and lighting
(1) The licensee commits an offence if the licensee contravenes the code
of practice, section 1.27 (2) (which is about compliance with the
commission’s directions).
Advertising, promotions and inducements Division 2.6
Section 25
Division 2.6 Advertising, promotions and
25 Directions about advertising, promotions and
(1) The licensee commits an offence if the licensee contravenes the code
of practice, section 1.31 (2) (which is about compliance with the
commission’s directions).
Section 26
page 16 Gambling and Racing Control (Code of Practice)
26 Reasonable excuse available as defence
The defence of reasonable excuse is available for each offence against
this regulation that is an offence of strict liability.
Key concepts Part 1.1
Section 1.1A
(see s 6)
Part 1.1 Key concepts
1.1A Definitions—code of practice
In this code of practice:
betting account means an account held by a person with a licensee
into which funds are or can be deposited and used by the person to
place a bet with the licensee.
direct marketing includes any advertising, promotion or offer from a
licensee, or from a person on the licensee’s behalf, that is made
directly to a person by telephone, SMS, email, app, post or other
direct means.
electronic race bookmaking licensee means the holder of a race
bookmaking licence under the Race and Sports Bookmaking Act 2001
who accepts a bet using a telecommunication service.
electronic sports bookmaking licensee means the holder of a sports
bookmaking licence under the Race and Sports Bookmaking Act 2001
who accepts a bet using a telecommunication service.
electronic totalisator licensee means the holder of a totalisator
licence under the Totalisator Act 2014 who accepts a bet using a
telecommunication service.
Examples—telecommunication service
telephone, email, internet
Part 1.1 Key concepts
Section 1.1
page 18 Gambling and Racing Control (Code of Practice)
1.1 Meaning of licensee
(1) In this code of practice:
licensee means—
(a) a gaming machine licensee; or
Note Gaming machine licensee is defined in the dictionary.
(b) a casino licensee; or
Note Casino licensee is defined in the Casino Control Act 2006,
dictionary.
(c) a licensed provider under the Interactive Gambling Act 1998; or
(d) the holder of a race bookmaking licence, a race bookmaker’s
agent licence, a sports bookmaking licence or a sports
bookmaker’s agent licence under the Race and Sports
Bookmaking Act 2001; or
(e) a licensee of a totalisator under the Totalisator Act 2014; or
(f) anyone authorised to conduct a lottery, scheme or competition
under the Lotteries Act 1964 or the Pool Betting Act 1964, other
than—
(i) a calcutta sweepstake; or
(ii) a trade promotion, other than a trade promotion that
involves gambling, in which participants are given free
entry to a contest that promotes a trade or business and
involves an element of chance in the allocation of the prize;
or
(iii) a raffle; or
(iv) a progressive lottery or silver circle involving a number of
draws on different days, including tipping competitions, in
which regular or different prizes are drawn; or
(v) an exempt lottery.
Key concepts Part 1.1
Section 1.2
(2) In this section:
exempt lottery—see section 5 (2).
1.2 Meaning of gambling problem
(1) For this code of practice, a person has a gambling problem if the
person has difficulty limiting the amount of money or time spent on
gambling and this leads to adverse consequences for the person or
another person.
(2) Also, a person is taken to have a gambling problem, if the person
engages in any of the following behaviour:
(a) seeking credit for gambling unless authorised under a gaming
law;
(b) seeking to borrow or scavenge for money to gamble;
(c) seeking assistance or advice about controlling the person’s
gambling;
(d) admitting to borrowing or stealing money to gamble.
Section 1.3
page 20 Gambling and Racing Control (Code of Practice)
1.3 Licensees obligations generally
(1) A licensee of a gambling facility must conduct the facility honestly,
responsibly and in accordance with this code of practice.
(2) A licensee of a gambling facility must not give or make available to
patrons information about gambling or gambling facilities that is false
or misleading.
(3) A casino licensee or gaming machine licensee must not allow a
person (the gambler) to use the licensee’s facility for gambling if the
gambler—
(a) appears not to fully understand the nature or consequences of
gambling generally, or a particular gambling activity, and the
potential for financial loss; or
(b) appears to be intoxicated or under the influence of a drug to an
extent that the gambler could not reasonably be expected to
exercise rational judgment while gambling.
1.4 Staff care and training
(1) The licensee of a gambling facility must ensure that—
(a) each staff member who is directly involved in providing
gambling services to patrons and each person who supervises
the staff members—
(i) has successfully completed an approved training program
within the previous 3 years; and
(ii) does not take part, or allow anyone else to take part on their
behalf, in a gambling activity at the facility except as part
of the member’s duty; and
General Division 1.2.1
Section 1.4
(b) each staff member is aware of the staff member’s obligations
under this code of practice.
(2) However, a licensee of a totalisator under the Totalisator Act 2014
and someone mentioned in section 1.1, definition of licensee,
paragraph (f), need only ensure that the person in charge of each
gambling facility—
(a) has successfully completed an approved training program within
the previous 3 years; and
(b) does not take part, or allow anyone else to take part on their
behalf, in a gambling activity at the facility except as part of the
person’s duty; and
(c) is made aware of the person’s obligations under this code of
practice.
(3) The person in charge mentioned in subsection (2) must take all
reasonable steps to ensure that—
(a) each staff member who is directly involved in providing
gambling services to patrons and each person who supervises
the staff members—
(i) has successfully completed an approved training program
within the previous 3 years; and
(ii) does not take part, or allow anyone else to take part on their
behalf, in a gambling activity at the facility except as part
of the member’s duty; and
(b) each staff member is made aware of the staff member’s
obligations under this code of practice; and
(c) if the person will be absent from the facility for longer than
1 week—the licensee is told who will be in charge of the facility
during the person’s absence.
Section 1.5
page 22 Gambling and Racing Control (Code of Practice)
(4) For subsection (1) (a) (ii), (2) (b) and (3) (a) (ii), staff member, of a
gambling facility, includes—
(a) a person who is a full-time, part-time or casual staff member of
the facility; and
(b) anyone who has worked in the facility in any other capacity
within the previous 7 days.
Examples—par (b)
1 an approved technician
2 a person who provides housie services under contract to the patrons of
the licensee
1.5 Exemptions in relation to approved training courses
The commission may, in writing, given to the licensee of a gambling
facility, exempt the licensee or person in charge of the facility from
the requirement to comply with section 1.4 (1) (a) (i), (2) (a) or (3)
(a) (i) during a stated time, or in stated circumstances.
1.5A Training for responsible service of interactive wagering
and betting services
(1) This section applies to the following licensees:
(b) an electronic sports bookmaking licensee;
(c) an electronic totalisator licensee.
(2) The licensee must ensure that each relevant staff member successfully
completes—
(a) the required training within 1 month after becoming a staff
member and before beginning to provide interactive wagering
or betting services; and
(b) refresher training within every subsequent 12 months.
General Division 1.2.1
Section 1.5A
(3) For subsection (2) (a), required training means—
(a) the national unit of competency; or
(b) a training course provided by the licensee, or another person on
behalf of the licensee, that is substantially equivalent to the
national unit of competency.
(4) For subsection (2) (b), refresher training means—
(a) the micro-credential course; or
(b) a course provided by the licensee, or another person on behalf
of the licensee, that is substantially equivalent to the
micro-credential course.
interactive wagering or betting service means a gambling service in
which a bet is accepted using a telecommunication service.
micro-credential course means the course MCC00045 Responsible
service of online wagering provided by TAFE Queensland.
national unit of competency means unit of competency CHCFIN005
(Provide responsible online wagering services) provided by TAFE
Queensland.
registered training organisation—see the National Vocational
Education and Training Regulator Act 2011 (Cwlth).
relevant staff member means a staff member who—
(a) is directly involved in providing interactive wagering or betting
services; or
(b) has capacity to influence an interactive wagering or betting
service.
TAFE Queensland means the registered training organisation known
as TAFE Queensland.
Section 1.5B
page 24 Gambling and Racing Control (Code of Practice)
1.5B Independent audit of required training and refresher
training
(1) If a licensee, or another person on the licensee’s behalf, provides
required training or refresher training, the licensee must engage a
person (an independent reviewer) to conduct an audit of the training
each year the training is provided.
(2) The independent reviewer—
(a) must not—
(i) be employed by the licensee; or
(ii) have been involved in any way in the development of the
required training or refresher training to be audited; but
(b) may be a law firm, accounting firm or auditing body with whom
the licensee has an existing relationship.
(3) The licensee must give the commission a copy of any completed audit
within 3 months after the day the independent reviewer gives the
licensee the completed audit.
(4) The commission may, in writing, exempt the licensee from the
requirement to engage an independent reviewer to conduct an audit
of stated required training or refresher training if the training has been
the subject of an investigation or inquiry by the commission.
licensee means a licensee to whom section 1.5A applies.
micro-credential course—see section 1.5A (5).
micro-credential test means an online micro-credential test
administered by TAFE Queensland that evaluates the knowledge and
skills consistent with the national unit of competency or the micro-
credential course.
national unit of competency—see section 1.5A (5).
Section 1.6
refresher training means the training mentioned in
section 1.5A (4) (b), other than training that requires participants to
complete a micro-credential test.
required training means the training mentioned in
section 1.5A (3) (b), other than training that requires participants to
complete a micro-credential test.
TAFE Queensland—see section 1.5A (5).
1.6 Problem gambling incident register
(1) The commission must establish a register (a problem gambling
incident register) of problem gambling incidents.
(2) The register may be kept electronically.
1.6A Recording problem gambling incidents
(1) A licensee of a gambling facility must keep a record of the following
incidents (a problem gambling incident):
(a) anyone who shows signs of having a gambling problem when—
(i) in the gambling facility; or
(ii) dealing with the licensee;
(b) any action taken by the licensee in relation to the person.
Examples—signs that person has gambling problem
1 admitting being unable to stop gambling or to gamble within the person’s
means
2 expressing concern about the amount of time or money the person spends on
gambling
3 acknowledging the person spends on gambling money needed for day-to-day
living expenses, including for dependents
4 having a disagreement with a family member or friend about the person’s
gambling behaviour
Section 1.6A
page 26 Gambling and Racing Control (Code of Practice)
5 making multiple ATM cash withdrawals in the gambling facility
Example—par (a) (ii)
contacting staff in the gambling facility by phone or email
(2) The record—
(a) for a prescribed licensee—must be kept on the problem
gambling incident register; or
(b) for any other licensee—must be in writing.
Note A licensee commits an offence if the licensee fails to make a record
available for inspection when asked by the commission (see s 10).
(3) The record must include the following particulars:
(a) the date and nature of the problem gambling incident;
(b) the name and address (if known), or description, of the person
involved in the incident;
(c) if any action was taken by the licensee in relation to the person—
the following details:
(i) the action taken;
(ii) the names of the individuals who took the action;
(iii) any related action taken by someone else of which the
licensee is aware.
Examples—par (iii)
1 police arrest and charge the person for an offence relating to the
problem gambling incident
2 the person has been excluded from gambling at another gambling
facility
(4) A licensee must, within 3 consecutive trading days after becoming
aware of a problem gambling incident—
(a) for a prescribed licensee—record the incident in the problem
gambling incident register; or
Section 1.7
(b) for any other licensee—make a written record of the incident.
prescribed licensee means—
(a) a gaming machine licensee; and
(b) a casino licensee; and
problem gambling incident register—see section 1.6.
1.7 Gambling beyond means
A licensee of a gambling facility must not encourage a person to
gamble beyond the person’s means.
1.8 Help in relation to gambling problems
If the licensee of a gambling facility is asked by a person in the facility
about problem gambling, the licensee must take reasonable steps to
give the person advice or information about counselling and advisory
services available from support agencies.
1.9 Gambling contact officers
(1) A licensee of a gambling facility must not conduct gambling at the
facility unless at least 1 gambling contact officer has been appointed
for the facility.
(2) A gambling contact officer for the facility may be the licensee or a
person appointed by the licensee.
(3) A person is eligible to be appointed as a gambling contact officer by
the licensee only if the person has successfully completed an
approved training program within the previous 3 years.
Note Approved training program—see the dictionary.
Section 1.10
page 28 Gambling and Racing Control (Code of Practice)
(4) To remain eligible for appointment, a gambling contact officer must
successfully complete an approved GCO training session in each year
of the officer’s appointment.
(5) The commission may exempt a gambling contact officer, in writing,
from complying with subsection (3) or (4).
(6) An exemption may be conditional.
(7) In this section:
approved GCO training session means a training session approved
by the commission for gambling contact officers about problem or
responsible gambling.
Examples—training sessions
• conferences
• seminars
• online courses
• lectures
1.10 Gambling contact officers functions
(1) A gambling contact officer for a gambling facility has the following
functions (as well as the functions under section 1.11):
(a) to give the people about whom a report under section 1.11 is
made help to obtain information and counselling about problem
gambling;
(b) if a complaint is made to the officer about problem gambling at
the facility—
(i) to record details of the complaint and any action taken; and
(ii) to tell the complainant about any action taken or that action
was not taken and the reasons why; and
(iii) to tell the complainant that a complaint can be made to the
commission;
Section 1.11
(c) to report to the licensee about any complaints made to the officer
about problem gambling at the facility;
(d) to ensure, as far as possible, that there is no unauthorised or
inappropriate disclosure of personal information obtained or
kept under this code of practice.
(2) A gambling contact officer has any other function given to the
gambling contact officer under this code of practice.
Note 1 The commission can investigate complaints about noncompliance with a
gaming law (see Act, s 31).
Note 2 A complaint to the commission could include a complaint about a
gambling contact officer.
1.11 Dealing with people with gambling problem
(1) The licensee of a gambling facility must ensure the gambling contact
officer for the facility is told about—
(a) any person in the facility whom the licensee or a staff member
has reasonable grounds for believing has a gambling problem;
and
(b) the details of the person’s behaviour that led to the belief.
(2) The gambling contact officer must keep a register of—
(a) the name or a description of each person about whom the officer
has been told under subsection (1); and
(b) details given to the officer under that subsection; and
(c) the name or a description of each person (other than someone
mentioned in subsection (1) (a)) whom the officer has
reasonable grounds for believing has a gambling problem; and
(d) details of the person’s behaviour that led to the gambling contact
officer’s belief.
Section 1.12
page 30 Gambling and Racing Control (Code of Practice)
(3) The gambling contact officer must take reasonable steps, in relation
to a person mentioned in subsection (2) (a) and (c), to—
(a) discuss the possible gambling problem with the person as soon
as possible; and
(b) give the person advice or information about—
(i) counselling and advisory services available from support
agencies; and
(ii) any other appropriate action that may be taken by the
person, including the opportunity to sign a deed of
exclusion to ensure the person’s exclusion from gambling
at the facility.
1.12 Application of div 1.2.3
(1) This division does not apply to someone mentioned in section 1.1,
(2) Also, this division, other than section 1.14 (1) (Exclusion of people
at risk or excluded under deed), section 1.19 (Accounts of certain
excluded people), and section 1.20 (Promotional material not to be
given to certain excluded people), does not apply to a licensed
provider under the Interactive Gambling Act 1998.
Note The Interactive Gambling Act 1998 contains provisions about excluded
or disqualified people.
1.13 Deeds of exclusion
(1) A person claiming to have a gambling problem (the gambler) may
sign a deed (a deed of exclusion) under which the person can be
excluded from gambling at the gambling facility or facilities stated in
the deed.
Section 1.13
(2) The deed must state—
(a) the name of each gambling facility (the nominated facility) from
which the gambler wishes to be excluded from gambling; and
(b) the period for which the gambler is to be excluded from the
nominated facility (the exclusion period); and
(c) that in the exclusion period the licensee of the nominated facility
may—
(i) remove the gambler from, or prevent the gambler from
entering, the gaming area or gambling facility; or
(ii) otherwise exclude the gambler from participating in
gambling activities at the facility.
Example—par (ii)
The XYZ Sports Club has a gaming area, bistro area and other
facilities for use by its members. Kenny has entered into a deed of
exclusion under which he agrees to be excluded from gambling at the
gambling facility. The licensee of the gambling facility allows Kenny
to enter the facility to use the bistro but does not allow Kenny to enter
the gaming area.
(3) For subsection (2) (b), the exclusion period must be at least 6 months,
but not longer than 3 years.
(4) If the gambler wants the deed to apply to the gambler, then the
gambler must give the signed deed to 1 of the following
(the receiver):
(a) the licensee of a facility stated in the deed;
(b) the commission;
(c) someone else approved by the commission.
(5) If the receiver is given a signed deed under subsection (4), the
receiver must—
(a) immediately sign the deed; or
Section 1.13A
page 32 Gambling and Racing Control (Code of Practice)
(b) if the deed is incomplete—
(i) ask the gambler, not more than 1 day after receiving the
signed deed, to do whatever is necessary to complete the
deed; and
(ii) sign the deed immediately after the gambler completes the
deed.
(6) The receiver must, not more than 3 consecutive trading days after
receiving the completed signed deed—
(a) give a copy of the signed deed to the gambler; and
(b) include the matters mentioned in section 20 (3)
(Exclusion register) on the exclusion register; and
(c) tell each of the following that the matters mentioned in
section 20 (3) have been included on the exclusion register:
(i) the licensee of each facility mentioned in the deed;
(ii) if the receiver is not the commission—the commission.
1.13A Deeds of exclusion—revocation
(1) This section applies if a person has signed a deed of exclusion under
section 1.13.
(2) The person may revoke the person’s deed of exclusion before the end
of the exclusion period.
(3) The exclusion period ends on the first business day 7 days after the
day the commission receives written notice from the person of the
revocation, unless the person withdraws the revocation before that
day.
exclusion period—see section 1.13 (2) (b).
Section 1.14
1.14 Exclusion of people at risk or excluded under deed
(1) The licensee of a gambling facility must exclude a person from
gambling at the facility if the licensee has reasonable grounds for
believing that—
(a) the welfare of the person, or any of the person’s dependants, is
seriously at risk because of the person’s gambling problem; or
(b) the person is someone to whom a deed applies.
(2) If a person is excluded under subsection (1) (a) the licensee must—
(a) give the person a notice (a notice of exclusion) stating—
(i) sufficient particulars to identify the person; and
(ii) each gambling facility from which the person is excluded
from gambling; and
(iii) the period of the exclusion from each gambling facility
from which the person is excluded from gambling; and
(iv) the reasons for the exclusion; and
(b) include the matters mentioned in section 20 (3)
(Exclusion register) on the exclusion register; and
(c) tell each of the following that the matters mentioned in
section 20 (3) have been included on the exclusion register:
(i) the licensee of each facility mentioned in the deed;
(ii) the commission.
1.15 Matters to which licensee to have regard when deciding
whether to exclude
(1) A decision by a licensee to exclude a person under section 1.14 (1) (a)
must be reasonable in the circumstances.
Section 1.16
page 34 Gambling and Racing Control (Code of Practice)
(2) In making the decision, the licensee must have regard to whether the
exclusion—
(a) is necessary to protect the welfare of the person, or any of the
person’s dependants, from risk in relation to the person’s
gambling problem; and
(b) is in the public interest, particularly having regard to the social
and economic costs of problem gambling.
1.16 Commission’s review of exclusion decisions
A person aggrieved by a licensee’s decision under section 1.14
(Exclusion of people at risk or excluded under deed) may apply, in
writing, to the commission for a review of the decision.
Note Application may be made to the ACAT for review of a decision by the
commission under this regulation to confirm, revoke or amend the
licensee’s decision.
1.17 Exclusion procedures
(1) The licensee of a gambling facility must prepare written procedures
dealing with how people are to be excluded from gambling at the
(2) A person must comply with any written direction in relation to
procedures given to the person by the commission under this section.
(3) The procedures must be written as clearly and simply as possible to
promote understanding by people using them.
(4) The licensee of a gambling facility must ensure that staff members
whose functions include the exclusion of a person under this code of
practice are competent to exercise the function.
Section 1.18
1.18 Licensee must keep deeds and notices of exclusion
(1) A licensee of a gambling facility must keep—
(a) the original of each deed of exclusion received by the licensee
for 7 years from the day the deed is received; and
(b) a copy of each notice of exclusion given by the licensee for
7 years from the day the notice is given.
(2) The licensee must, if requested by the commission—
(a) allow the commission to inspect the deeds and notices; or
(b) give the commission a copy of a deed or notice.
1.19 Accounts of excluded people
If a person who holds an account with a licensee is excluded by the
licensee under this division, the licensee must not allow someone else
to use the person’s account.
1.20 Promotional material not to be given to certain excluded
people
(1) The licensee of a gambling facility must not give any information or
promotional material about gambling at the facility directly to a
person excluded by the licensee under this division.
1 information or promotional material given by personally addressed mail or
email
2 information or promotional material given personally to the person or left with
someone to be given personally to the person
Division 1.2.4 Betting accounts—electronic race bookmaking, sports bookmaking
and totalisator licensees
Section 1.20A
page 36 Gambling and Racing Control (Code of Practice)
(2) For subsection (1), information or promotional material is not given
directly to a person only because it is broadcast or made available to
the public generally.
1 information or promotional material given by television or radio broadcasts
2 information or promotional material given by websites accessible to anyone
3 information or promotional material given by letterbox drops that are not
personally addressed
Division 1.2.4 Betting accounts—electronic race
bookmaking, sports bookmaking and
1.20A Application—div 1.2.4
1.20B Meaning of deposit limit—div 1.2.4
deposit limit, for a person’s betting account, means a limit to the
amount that can be deposited into the account during a stated period
or periods.
Division 1.2.4
Section 1.20C
1.20C Information about deposit limits
(1) A licensee must not open a betting account for a person unless—
(a) the licensee, in accordance with any guidelines made under
section 1.20G, has—
(i) told the person they can set a deposit limit for the account;
and
(ii) asked the person whether they want to set a deposit limit;
and
(b) the person has set, or declined to set, a deposit limit for the
account.
(2) At least once every 12 months while a person has a betting account
with a licensee, the licensee must, in accordance with any guidelines
made under section 1.20G—
(a) if the account has no deposit limit—tell the person they can set
a deposit limit and ask the person whether they want to set a
deposit limit; and
(b) if the account has a deposit limit—ask the person whether they
want to change the deposit limit.
(3) Subsection (2) does not apply if the betting account has not been used
to make or settle a bet within the previous 12 months.
(4) A licensee must publish information promoting deposit limits—
(a) on the licensee’s website and on each communication channel a
person can use to place a bet with the licensee; and
(b) in accordance with any guidelines made under section 1.20G.
Division 1.2.4 Betting accounts—electronic race bookmaking, sports bookmaking
and totalisator licensees
Section 1.20D
page 38 Gambling and Racing Control (Code of Practice)
1.20D No deposits over deposit limit
A licensee must not allow a person to deposit money into a betting
account held with the licensee if depositing the amount would result
in the deposit limit for the account being exceeded.
1 Ali has a betting account with XYZ licensee and has set a deposit limit of $100
per week. Ali deposits $100 into the account. Less than a week later, Ali
attempts to deposit $10 into the account. XYZ licensee must reject the
transaction as it would exceed Ali’s deposit limit of $100 per week.
2 Pat has a betting account with XYZ licensee and has set a deposit limit of $200
per fortnight. Pat deposits $100 into the account. Less than a fortnight later,
Pat attempts to deposit $150 into the account. XYZ licensee must reject the
transaction as it would exceed Pat’s deposit limit of $200 per fortnight.
1.20E Setting and changing deposit limits
(1) A licensee must ensure that the process for a person to set and change
a deposit limit for their betting account held with the licensee—
(a) is simple and easy for the person to use; and
(b) allows the person to choose the period or periods to which the
limit applies, including a period or periods of 1, 7, 14 or 28 days;
and
(c) complies with any guidelines made under section 1.20G.
(2) A licensee must set or lower the deposit limit for a person’s betting
account with the licensee immediately when the licensee receives a
request from the person to do so.
(3) A licensee must not increase the deposit limit for a person’s betting
account with the licensee until at least 7 days after the licensee
receives a request to do so.
Division 1.2.4
Section 1.20F
1.20F Closing betting accounts
(1) A licensee must, in accordance with any guidelines made under
section 1.20G, ensure that the process for a person to close their
betting account held with the licensee is—
(a) simple and easy for the person to use; and
(b) prominently and clearly communicated on the licensee’s
website and through any communication channel the person can
use to place a bet with the licensee.
(2) A licensee must ensure that a person can ask to close their betting
account—
(a) by email; and
(b) by telephone; and
(c) by any other communication channel that the person can use to
place a bet with the licensee.
(3) After a licensee has received a request from a person to close their
betting account, the licensee—
(a) must not accept a bet using the account; and
(b) must close the account as soon as practicable after all bets made
using the account have been settled.
(4) If a licensee receives a request from a person to close their betting
account, the licensee—
(a) must not encourage or induce the person to cancel the request;
but
(b) may explain to the person the effects of closing the account and
ask the person whether they want to proceed with closing it.
Note A licensee must not send direct marketing to a person after the person has
asked to close their betting account (see s 1.30C (3) (b)).
Section 1.20G
page 40 Gambling and Racing Control (Code of Practice)
1.20G Guidelines about betting accounts
(1) The Minister may make guidelines about—
(a) the information a licensee must provide in relation to setting,
changing and promoting deposit limits and closing betting
accounts; and
(b) the process for setting and changing deposit limits and closing
betting accounts.
(2) A guideline made under subsection (1) (a) may include requirements
for the following:
(a) the content or form of information to be provided by a licensee;
(b) when information must be communicated by a licensee and to
whom;
(c) where or how information must be communicated by a licensee.
(3) A guideline is a notifiable instrument.
1.20H Directions about betting accounts
(1) The commission may give a written direction to a licensee to ensure
compliance with this division.
(2) If the commission gives a direction to a licensee, the licensee must
1.20I Application—div 1.2.5
Section 1.20J
1.20J Definitions—div 1.2.5
account holder, for a betting account—see section 1.20K (1).
activity statement, for a betting account—see section 1.20K (1).
bonus bet—see section 1.30 (7).
online betting account means a betting account that can be used to
make and settle bets online.
statement period, for an activity statement—see section 1.20K (1).
transaction, in relation to a betting account, means doing any of the
following:
(a) using the account to make or settle a bet, including a bonus bet;
(b) depositing money into the account;
(c) withdrawing money from the account.
transaction record, for a betting account, means a document setting
out the following information for each transaction made in relation to
the account:
(a) the kind of transaction;
(b) the date of the transaction;
(c) the amount of the transaction.
1.20K Activity statements for betting accounts
(1) Each month, a licensee must give each person who holds a betting
account with the licensee (an account holder) a document setting out
any transactions made in relation to the account (an activity
statement) for the month (the statement period).
Section 1.20L
page 42 Gambling and Racing Control (Code of Practice)
(2) However, the licensee need not give an account holder an activity
statement for a statement period if the account holder has not made
any transactions in relation to the betting account during the statement
period.
Note Despite s (2), an account holder may ask a licensee for an activity
statement at any time (see s 1.20L).
(3) The licensee must give an account holder an activity statement—
(b) if the account holder asks the licensee to provide the activity
statement by mail—by mail.
(4) The licensee must not charge a fee for giving an account holder an
activity statement.
(5) However, if an account holder asks for an activity statement to be
provided by mail, the licensee may charge the account holder a fee of
not more than the cost of the postage.
1.20L Requests for activity statements
(1) Despite section 1.20K (2), an account holder may, at any time, ask a
licensee to give the account holder an activity statement for the
account holder’s betting account for any statement period—
(2) An account holder may make a request under subsection (1)—
(b) by telephone; or
(c) for an online betting account—through the account.
Section 1.20M
(3) A licensee must, as soon as practicable after the licensee receives a
request under subsection (1), give the account holder the activity
statement, and the accompanying transaction record, in the way
requested by the account holder.
Example—in the way requested
an account holder asks a licensee to provide an activity statement by mail
1.20M Contents of activity statements
(1) An activity statement for a betting account for a statement period
must include the following information:
(a) the opening and closing balances of the account for the period;
(b) the total amount spent on betting during the period;
(c) the number of bets made using the account during the period;
(d) the number of winning bets settled using the account during the
period;
(e) the number of losing bets settled using the account during the
period;
(f) the net amount spent on, or gained from, betting, taking into
account all wins and losses, during the period;
(g) any amounts deposited into, or withdrawn from, the account for
the period;
(h) a column graph comparing the total amount spent on betting
with the net amount spent on, or gained from, betting for—
(i) the period, and
Section 1.20N
page 44 Gambling and Racing Control (Code of Practice)
(ii) each of the 5 previous activity statement periods; and
(iii) the same statement period in the previous year;
(i) information about support services available to gamblers,
including websites for the services.
(2) An activity statement must be accompanied by—
(a) if the activity statement is provided electronically—an online
link to a transaction record for the betting account for the
statement period; or
(b) if the account holder asked the licensee to provide the activity
statement by mail—a paper copy of the transaction record.
(3) An activity statement must not include—
(a) any direct marketing or other advertising, promotion or offer
from the licensee; or
(b) any information mentioned in subsection (1) in relation to
making or settling a bonus bet.
1.20N Form of activity statements
(1) An activity statement must be—
(a) in writing; and
(b) simple and easy for an account holder to read.
(2) An activity statement for a betting account—
(a) must set out the following information in legible black text on a
white background:
(i) the number of winning bets;
(ii) the net amount gained from betting; and
Section 1.20O
(b) must set out the following information in legible red text on a
white background:
(i) the number of losing bets;
(ii) the net amount spent on betting;
(iii) the total amount spent on betting; and
(c) must not set out any information in green text.
1.20O Access to activity statements and transaction records for
online betting accounts
(1) This section applies if an account holder holds an online betting
account with a licensee.
(2) The licensee must ensure that the account holder can access, through
the online betting account, all activity statements and transaction
records for the account for each active statement period—
(3) In this section:
active statement period, for a betting account, means a statement
period during which the account holder made at least 1 transaction in
relation to the betting account.
Section 1.20P
page 46 Gambling and Racing Control (Code of Practice)
1.20P Requests for transaction records for accounts other than
online betting accounts
(1) This section applies if—
(a) an account holder holds a betting account with a licensee; and
(b) the account is not an online betting account.
(2) The account holder may, at any time, ask the licensee to give the
account holder a transaction record for the betting account for any
statement period—
(3) An account holder may make a request under subsection (2)—
(b) by telephone.
(4) A licensee must, within 14 days after the licensee receives a request
under subsection (2), give the account holder the transaction record
in the way requested by the account holder.
Example—in the way requested
an account holder asks a licensee to provide a transaction record by mail
Section 1.20Q
1.20Q Access to electronic activity statements
(1) This section applies if a licensee gives an account holder an activity
statement—
(b) through an online betting account.
(2) The licensee must ensure the account holder can access the activity
statement without needing to use any kind of security measure, other
than a security measure used to access the account holder’s email
account or online betting account.
Example—security measure
a password
Section 1.21
page 48 Gambling and Racing Control (Code of Practice)
Part 1.3 Financial controls and gambling
environment
1.21 Cash facilities
(1) This section applies to a casino licensee.
(2) The licensee of a gambling facility to whom this section applies must
ensure that a cash facility is not located in a gaming area of the
(3) In this section:
cash facility means—
(a) an automatic teller machine; or
(b) an EFTPOS facility.
1.22 Cash payment limits for casino licensees
(1) A casino licensee must not pay to a gambling patron winnings in cash
of more than $25 000 in any gaming day.
A gambling patron in a casino wins $30 000, and at 10 pm on Wednesday the casino
pays the person $25 000 in cash and the balance of $5 000 by cheque or electronic
funds transfer. The casino must not make any further cash payments to the person
until the casino re-opens to the general public at 12 noon on Thursday.
(2) To remove any doubt, subsection (1) does not prevent the payment of
winnings, in excess of $25 000, in any other way.
(3) Subsection (1) does not apply to the payment of winnings to a person
participating in a commission-based player scheme.
commission-based player scheme—see the Casino Control
Act 2006, dictionary.
Section 1.22
gaming day means—
(a) the period from when the casino opens to the public on a day
until it next closes; but
(b) if the casino is open to the public for longer than 24 hours
continuously—
(i) each 24-hour period for which it is open to the public; and
(ii) if the last period before it closes is less than 24 hours—that
period.
Section 1.23
page 50 Gambling and Racing Control (Code of Practice)
1.23 Other cash payment limits
(1) A licensee must not, for a particular event or contingency on which a
gambling patron has staked or risked money, pay the patron winnings
in cash that are more than the amount worked out under table 1.23.
Table 1.23
item
type of licensee
column 3
maximum cash payable
1 bookmaker $25 000
2 totalisator $25 000
3 lotteries $5 000
4 keno $5 000
5 trackside $5 000
6 gaming machine $1 500
7 housie $1 250
A gambling patron wins $30 000 on a totalisator on race 3 Flemington Racecourse.
The person must not be paid more than $25 000 in cash and must be paid any
balance by cheque or electronic funds transfer. However, the person can be paid
winnings in cash of not more than $25 000 if the person wins on a subsequent race.
(2) To remove any doubt, subsection (1) does not prevent the payment of
winnings, in excess of the maximum amount payable in cash, in any
other way.
(3) A gaming machine licensee must pay a gambling patron winnings
from a gaming machine by cheque or electronic funds transfer if—
(a) the winnings are more than $300; and
(b) the patron has requested the winnings be paid by cheque or
electronic funds transfer.
Section 1.23AA
1.23AA No winnings for excluded or underage patrons
(1) A licensee of a gambling facility must not knowingly pay winnings
to a person who—
(a) has been excluded from gambling under section 1.14 (Exclusion
of people at risk or excluded under deed); or
(b) is under 18 years old.
(2) The licensee must keep any winnings of a person mentioned in
subsection (1) and distribute them to other patrons of the facility in a
way approved in writing by the commission.
1.23A Non-cash payment of winnings
(1) Winnings to be paid otherwise than in cash must be paid by the
licensee as soon as practicable but within 3 days after the day of the
winning event or contingency.
(2) This section does not apply to a licensee mentioned in section 1.1,
1.24 Cheques
(1) This section applies to a gaming machine licensee.
(2) The licensee of a gambling facility to whom this section applies must
not—
(a) cash a cheque within a gaming area of the facility; or
(b) allow a person to buy back or redeem a previously cashed
personal cheque.
(3) The licensee of a gambling facility to whom this section applies must
not—
(a) cash a patron’s personal cheque for more than $250 on any day
unless the person has made arrangements with the licensee on a
previous day; or
Section 1.25
page 52 Gambling and Racing Control (Code of Practice)
(b) cash a cheque of any other kind for the patron.
1.25 Availability of information
(1) The licensee of a gambling facility must display in each gaming area
of the facility signs to the effect that people under 18 years old, and
intoxicated people, are not allowed to gamble.
(2) Each sign must be prominently displayed and able to be readily read.
(3) A licensee of a gambling facility must make available at the facility,
in a conspicuous way, information that—
(a) tells people about each of the following:
(i) restrictions (if any) on cashing cheques;
(ii) gambling limits (if any) at the facility;
(iii) the chances of winning major prizes;
(iv) the support services available to gamblers;
(v) the use of a deed of exclusion by a person who has a
gambling problem, particularly—
(A) the availability and effect of a deed; and
(B) the confidentiality of a deed; and
(C) who may be given a copy of a deed;
(vi) the use of a notice of exclusion by the licensee in relation
to a person who has a gambling problem;
(vii) the exclusion register; and
(b) tells people where each of the following can be found at the
gambling facility:
(i) a copy of the rules for each kind of gambling offered by the
licensee;
(ii) information about programs for exclusion from gambling;
Section 1.26
(iii) a gambling contact officer for the facility;
(iv) a copy of the Gambling and Racing Control (Code of
Practice) Regulation 2002 or this code of practice;
(v) information about counselling services available in the
ACT for problem gamblers; and
(c) for a gaming machine licensee—tells people that winnings from
a gaming machine must be paid by cheque or electronic funds
transfer if—
(i) the winnings are more than $300; and
(ii) the patron has requested the winnings be paid by cheque or
electronic funds transfer.
(4) If asked for information about the availability of interpreter services
to patrons at a gambling facility, the licensee for the facility must give
the information.
(5) This section is subject to section 1.27 (Directions about information,
clocks and lighting).
1.26 Clocks and lighting
(1) This section applies to—
(a) a casino licensee; and
(b) a gaming machine licensee.
(2) The licensee of a gambling facility must prominently display the
correct time in the facility.
(3) The licensee of a gambling facility must ensure that lighting in the
facility is adequate to allow clocks and signs required to be displayed
under this code of practice to be clearly visible to people in the
(4) This section is subject to section 1.27.
Section 1.27
page 54 Gambling and Racing Control (Code of Practice)
1.27 Directions about information, clocks and lighting
(1) The commission may give written directions to the licensee of a
gambling facility to ensure compliance with section 1.25
(Availability of information) or section 1.26.
(2) If the commission gives a direction to the licensee, the licensee must
1.27A Alcohol service prohibited while gambling
A gaming machine licensee must not serve alcohol to a patron of the
facility while the patron is—
(a) playing a gaming machine; or
(b) sitting at or standing by a gaming machine.
1.27B Operating times of gaming machines
A gaming machine licensee must not operate a gaming machine
between 4 am and 9 am.
Advertising requirements—general Division 1.4.1
Section 1.28
Part 1.4 Advertising, promotions and
Division 1.4.1 Advertising requirements—general
1.28 Advertising
(1) The licensee of a gambling facility must not publish advertising
that—
(a) encourages anyone to contravene a gaming law; or
(b) shows people under 25 years old gambling; or
(c) encourages people under 18 years old to gamble, or targets
them; or
(d) is false or misleading, particularly about the chances of winning
or the expected return to a gambler; or
(e) suggests that gambling is a form of financial investment; or
(f) suggests that skill can influence games that are games of chance;
or
(g) shows or promotes the consumption of alcohol while gambling.
(2) This section is subject to section 1.31 (Directions about advertising,
promotions and inducements).
1.29 Advertising requirements
(1) This section does not apply to someone mentioned in section 1.1,
(2) The licensee of a gambling facility must not publish gambling
advertising in relation to the facility unless it contains, or is published
near, the name and telephone number of an approved gambling
counselling service in the ACT.
Section 1.29A
page 56 Gambling and Racing Control (Code of Practice)
(3) This section is subject to section 1.31 (Directions about advertising,
promotions and inducements).
gambling advertising—see section 1.29B.
Division 1.4.2 Advertising requirements—electronic
1.29A Application—div 1.4.2
(b) an electronic sports bookmaking licensee;
(c) an electronic totalisator licensee.
1.29B Definitions—div 1.4.2
app advertising means gambling advertising published or
communicated on an app, including a smartphone or tablet app, but
does not include—
(a) radio advertising; or
(b) television or video advertising.
call to action—see section 1.29D.
digital advertising means visual or audiovisual gambling advertising
published or communicated in a digital display or on a website, but
does not include the following:
(a) app advertising;
(b) direct marketing;
(c) radio advertising;
Section 1.29B
(d) social media advertising;
(e) television or video advertising;
(f) website advertising.
direct marketing includes any gambling advertising sent by the
licensee, or by another person on behalf of the licensee, by telephone,
SMS, email, app, post or other direct means.
gambling advertising means any advertising that promotes, refers to,
depicts or otherwise mentions a gambling product or activity.
print advertising means gambling advertising published or
communicated in print but does not include direct marketing.
radio advertising means gambling advertising published or
communicated by radio, including by—
(a) a podcast; or
(b) a digital radio on-demand or streaming service; or
(c) a website, social media or app.
social media advertising—
(a) means gambling advertising published or communicated on
social media by a licensee or another person on behalf of the
licensee; and
(b) includes direct marketing published or communicated using
social media and sent by SMS, text message, or push
notification.
tagline—see section 1.29C.
television includes free-to-air television, subscription television and
over-the-top television.
Example—over-the-top television
a television streaming service
Section 1.29C
page 58 Gambling and Racing Control (Code of Practice)
television or video advertising means gambling advertising published
or communicated by television, including by a website, social media
or app.
website advertising means gambling advertising published or
communicated on the website of a licensee, but does not include—
(a) radio advertising; or
(b) television or video advertising.
1.29C Meaning of tagline—div 1.4.2
For this division, each statement mentioned in an item in table 1.29C
is a tagline.
Table 1.29C Taglines
item
tagline
1 You win some. You lose more.
2 Chances are you’re about to lose.
3 What’s gambling really costing you?
4 Imagine what you could be buying instead.
5 What are you really gambling with?
6 Think. Is this a bet you really want to place?
7 What are you prepared to lose today? Set a deposit limit.
Section 1.29D
1.29D Meaning of call to action—div 1.4.2
For this division, each statement mentioned in an item in table 1.29D
is a call to action.
Table 1.29D Calls to action
item
call to action
1 For free and confidential support visit gamblinghelponline.org.au
2 For free and confidential support, call the number on the screen or visit the
website.
3 Set a deposit limit
4 For free and confidential support call 1 800 858 858 or visit
gamblinghelponline.org.au
Section 1.29E
page 60 Gambling and Racing Control (Code of Practice)
1.29E Statements to be included in gambling advertising
A licensee must ensure that gambling advertising of a kind mentioned
in column 2 of an item in table 1.29E includes—
(a) a tagline mentioned in the item, column 3; and
(b) the call to action mentioned in the item, column 4.
Table 1.29E Statements to be included in gambling advertising
item
gambling advertising
column 3
table 1.29C,
tagline item
column 4
table 1.29D,
call to action
item
1 app advertising 2, 3, 4, 5, 6, 7 3
2 digital advertising 2, 3, 4, 5, 6, 7 3
3 print advertising 2, 3, 4, 5, 6, 7 4
4 radio advertising—15 seconds or less 1, 2, 3, 4, 5 not required
5 radio advertising—more than
15 seconds
1, 2, 3, 4, 5 4
6 social media advertising—160 written
characters or less
2, 3, 4, 5, 6, 7 3
7 social media advertising—more than
160 written characters
2, 3, 4, 5, 6, 7 4
8 television or video advertising—
15 seconds or less
1, 2, 3, 4, 5 4
9 television or video advertising—more
than 15 seconds
1, 2, 3, 4, 5 2 in spoken
form together
with 4 in visual
form
10 website advertising 2, 3, 4, 5, 6, 7 3
Section 1.29F
1.29F Additional requirements about taglines and calls to
action
(1) A licensee must ensure that a tagline or call to action in spoken form
is clearly intelligible to a person listening to the tagline or call to
action.
(2) A licensee must ensure that a tagline or call to action that is in visual
form is displayed in font that is of a type and size that is clearly legible
to a person reading the tagline or call to action at the distance at which
the gambling advertising is intended to be viewed.
(3) A licensee must take reasonable steps to ensure that each tagline that
can be used for a kind of gambling advertising is used approximately
equally over a 12-month period.
(4) The following must be published or communicated only in spoken
form:
(a) a tagline mentioned in table 1.29C, item 1 (tagline 1);
(b) a call to action mentioned in table 1.29D, item 1 or 2.
(5) However, if tagline 1 is published or communicated as part of a
television or video advertisement, it must be published or
communicated in visual and spoken form at the same time.
(6) If the content of the call to action is included in the tagline, it is not
necessary to repeat the content of the call to action.
Section 1.29G
page 62 Gambling and Racing Control (Code of Practice)
1.29G Electronic licensee must keep gambling advertising
records
A licensee must keep a copy of gambling advertising published or
communicated by or for the licensee for at least 12 months after the
day the advertising was last published or communicated.
A licensee runs an advertising campaign commencing on 1 January 2024. The
campaign consists of 1 television advertisement and 1 radio advertisement. The
television advertisement is broadcast for the last time on 1 March 2024 and the
radio advertisement is broadcast for the last time on 1 April 2024. The licensee must
keep a copy of the television advertisement until 28 February 2025 and a copy of
the radio advertisement until 31 March 2025.
1.30 Promotions and inducements
(1) The licensee of a gambling facility must not—
(a) conduct a promotion that requires or encourages people to
gamble at the facility for a minimum period of time to qualify
for rewards;
(b) conduct a promotion that requires or encourages people to
gamble a minimum amount to qualify for rewards; or
(c) conduct a promotion for or including gambling at the facility
that includes an offer of free or discounted alcohol.
(2) Subsection (1) (b) does not apply to—
(a) the promotion of a commission-based player scheme under the
Casino Control Act 2006; or
(b) a player reward scheme that is advertised only within the
gambling facility or directly to members of the facility; or
(c) someone mentioned in section 1.1, definition of licensee,
paragraph (f); or
Promotions and inducements Division 1.4.3
Section 1.30
(d) a promotion that requires or encourages the single lowest
available bet on a gambling activity unless the bet is combined
with, or required to be made in addition to, any other bet.
Examples—par (d)
1 The requirement to have a single unit on a boxed trifecta could be used
as an entry to a promotion as this is the lowest available bet on this
wager.
2 The requirement to have 3 betting tickets for a win cannot be used as an
entry requirement into a promotion as this requires the combination of
bets.