Gaming and Wagering Commission Regulations 1988

The regulations rest on several foundational concepts drawn from the Act and defined or elaborated in the regulations. “Permitted gaming” is gaming that is authorised under Part IV of the Act and conducted in accordance with the regulations and permit conditions. The regulations create multiple categories of permitted gaming: bingo, two-up, standard lotteries, continuing lotteries, trade promotion lotteries, amusements with prizes, and games conducted on cruise ships under regulation 8A. “Gaming machine” is not exhaustively defined in the regulations, but the regulations treat Skilltester machines (regulation 18A), video lottery terminals (regulation 18AA), and voucher-dispensing equipment (regulation 18B) as distinct categories with specific conditions. “Video lottery terminal” is defined in regulation 18AA(1) as a device that displays electronically a card displaying symbols, by reference to which prizes may be won. “Cruise ship” is defined both for the purposes of gaming under Part 4 (regulation 8A) and for possession of gaming machines on board (regulation 18C), with minimum capacity of 100 passenger berths. “Account” in Part 4A means a wagering account established with RWWA under the RWWA Act section 64(1). “Account holder” means a person who holds such an account. “Deposit limit” means the maximum amount that may be deposited into an account in a particular period. “Interactive wagering service” is defined broadly to include wagering using telephone, internet application, website, datacasting or broadcasting services. “Activity statement” is a monthly document that must include specific financial data and a column graph for six months, with prescribed formatting rules (regulation 40Q). “Transaction” includes a deposit, withdrawal or wager made using an account. “Relevant individual” for training purposes includes the CEO, directors, key employees, other staff and contractors of RWWA, and anyone engaged in or capable of influencing the provision of interactive wagering services. “Gambling advertisement” is defined in regulation 43(1) as an advertisement that conveys the existence of a gambling operator and promotes participation in gambling. “Gambling operator” is defined by reference to persons listed in section 43A(3)(a) to (da) of the Act or prescribed under that section. “Licensed supplier” for continuing lotteries is a person licensed under Part V Division 7 of the Act. “Donor organization” in the context of standard lotteries includes an individual. “Premises” and “function permit” and “permit of a continuing nature” are used throughout Part 4 without separate definitions but are operational concepts: a function permit is for a specific occasion or series of occasions; a continuing permit applies for a fixed but renewable period. The National Consumer Protection Framework for Online Wagering in Australia , National Policy Statement is a key concept for Part 4A, giving purpose to the Part (regulation 40B) and informing the content of the consumer protection plan (regulation 40ZC). “Consistent gambling messaging” is defined as statements about the risks of and potential harm from gambling (regulation 40W). “Approved electronic bingo equipment” is gaming equipment approved by the Commission for conducting bingo by electronic means (regulation 23(1A)). The “Prescribed interval” under section 110B(4)(b) is one month (regulation 44). The register under section 50 of the Act is maintained by the Commission; the regulations require computerised entry for two years then permanent retention, and set a search fee of $9.50 and an extract copy fee of $17.50 (Schedule 1 items 1, 2). Forfeiture can be ordered for offences against section 32(2) of the Act, and the regulations prescribe a list of specific sections (regulation 5). Infringement notices may be issued for the offences listed in Schedule 2, with modified penalties ranging from $200 for many regulation offences to $2 500 for certain continuing lottery offences under the Act (Schedule 2 Division 1 items 26-28). The concept of “modified penalty” is defined in the Criminal Procedure Act 2004; the regulations specify the amount payable if the recipient does not elect to go to court.

The regulations create obligations and permissions for several categories of persons and entities. Permit holders are the primary regulated persons: they must be approved by the Commission as eligible to hold a gaming permit (regulation 9). For organisations, a nominee permit holder is required , an individual responsible for conducting the gaming (regulation 9(1)(f)). Permit holders of continuing nature permits are subject to ongoing conditions (regulation 8(2)) and must provide financial statements (regulation 12). They must notify the Commission of any conviction within seven days (regulation 13A). Applicants for permits must provide extensive information, including details of relevant experience, gaming equipment, premises, arrangements for benefit accruing to others, and the objects for which proceeds will be used (regulation 9). Premises owners and occupiers are affected by the requirement that the applicant for approval to use premises must disclose their interest, describe the premises, and provide evidence of the owner’s consent (regulation 10). Licensees of liquor premises and operators of bingo premises are affected by restrictions on where vending machines and gaming machines may be located (regulations 34, 18B). Clubs conducting bingo must appoint controllers, keep records, and limit sessions (regulations 23, 22). Senior citizens clubs are exempt from bingo fees (regulation 20). The most significant impact under the new Part 4A falls on RWWA. RWWA is the sole entity to which Part 4A applies (regulation 40C). It must comply with extensive duties regarding account creation, deposit limits, activity statements, transaction histories, staff training, a consumer protection plan, and prohibitions on inducements and direct marketing. RWWA’s liability is extended: if any “responsible person” (defined broadly to include CEO, directors, key employees, staff, contractors, and anyone engaged in providing interactive wagering services) does an act that would be an offence if done by RWWA, RWWA is taken to have committed the offence (regulation 40E(2)). This imposes strict organisational liability for the conduct of individuals involved. Account holders are affected by the new protections: they have rights to close accounts easily, set and change deposit limits, receive monthly activity statements, and access transaction histories. But they are also subject to the rules: RWWA must seek consent for direct marketing; account holders are taken to have withdrawn consent if they request account closure or do not access their account for twelve months (regulation 40H(2)). Persons who publish gambling advertisements are subject to the broad prohibitions in regulation 43, which apply to any person who publishes or causes to be published a gambling advertisement in the State. However, certain defences exist for publishers who are not the gambling operator, if they have written approval from the operator (regulation 43(3)). Gambling operators themselves are subject to additional duties: they must ensure advertisements include responsible gambling messages and helpline details (regulation 43(6)), and they face an offence for contravening that duty (regulation 43(10)). They also must not offer benefits to persons to participate in or continue gambling, subject to exceptions (regulation 43(7)-(8)). Licensed suppliers of continuing lottery tickets must maintain detailed records and keep invoices for five years (regulation 15). Persons who rent gaming equipment must keep records of equipment, tokens, costs and maintenance, and retain them for twelve months (regulation 18). Owners of amusement centres, arcades, shopping centres and malls may host Skilltester machines provided the conditions are met (regulation 18A(2)). Individuals who play bingo are subject to the rules in Schedule 4: children under 12 cannot play (Part 1 rule 1); spotters cannot play (rule 2); card prices are capped at 30 cents generally or 50 cents for flyer cards (rule 6(a)); split games rules apply (rules 5, 5A, 5B). Players may only take part in one call back per session (rule 3). Players who incorrectly call a winning split or full house may continue playing (rule 10). Late calls are accepted if made before the conclusion of the call back (rule 11). Calls are not valid unless acknowledged by the caller or spotter (rule 12). The Commission itself is affected: it must maintain the register (regulation 7), may reduce, waive or refund fees (regulation 4(2)), may vary conditions of permits by notice (regulation 8(2)), may approve premises (regulation 10), may require charges for inquiries (regulation 9(5)), and may set consistent gambling messaging by notice (regulation 40W). Magistrates are also affected: they may issue function permits on behalf of the Commission (regulation 9(3)).

The regulations impose detailed duties on several parties. For permit holders under Part 4, the primary duty is to conduct gaming strictly in accordance with Schedule 4 rules and any conditions specified in an annexure to the permit (regulation 8(3)). They must provide financial statements within prescribed timeframes: 14 days for standard lotteries, 14 days after expiry for continuing lotteries, and 7 days for other gaming (regulation 12(2)). Permit holders must notify the Commission in writing within seven days of any conviction (regulation 13A). For bingo, the permit holder must pay 1% of gross receipts to the Commission within seven days of each session (regulation 21). They must display the rules for conducting bingo at the entrance, near players, and near the caller (regulation 19(2)). They must appoint a controller from a list authorised by the Commission, and at least two assistants (regulation 23(1)). They must not advertise the value of any prize before a session (regulation 23A). They must ensure that expenses do not exceed 20% of gross receipts unless prior written agreement is obtained (regulation 25). For continuing lotteries, the permit holder must ensure that at least 15% of the total face value of tickets sold is distributed to the named organisation or purpose (regulation 36). They must keep accounts, tickets and vouchers readily accessible for inspection (regulation 35). For standard lotteries, the permit holder must complete the draw within 14 days of the closing date (regulation 29). They must report unclaimed prizes after one year and follow Commission directions (regulation 30). They must not buy a chance in their own lottery (regulation 30B). For trade promotion lotteries, conditions in Schedule 5 must be complied with: no cost to enter; cost capped at 55 cents for telephone entry; no cosmetic surgical prizes; maximum duration 12 months; draw within one month; lodging terms and conditions with the Commission if electronic media is used; records kept for 12 months (Schedule 5 conditions 1-16). A person who conducts a standard or continuing lottery other than in accordance with the regulations or a condition commits an offence (regulation 38A). For amusements with prizes at agricultural shows, the amount paid for a chance must not exceed $10 and no money prize over $100 (regulation 39). For sporting events, the chance must not exceed $2 and the maximum prize $10 or $10 worth (regulation 39A). For football tipping competitions, aggregate prizes for the season must not exceed $10 000 (regulation 40A). Under Part 4A, RWWA has extensive duties. It must not offer credit, vouchers or rewards as inducements to establish an account or refer another person (regulation 40F). It must not offer or give a complimentary betting credit or token unless winnings can be withdrawn without further wagering requirements (regulation 40G). It must obtain express consent before sending direct marketing material, and the opt-out process must be easy (regulation 40H). It must ensure the account closure process is simple, available by telephone, email, or any means used to wager, and prominently displayed on its website and at the account access point (regulation 40I). When an account holder requests closure, RWWA must immediately cease accepting new wagers and close the account as soon as practicable after existing wagers settle (regulation 40J). It must not offer inducements or encourage the holder not to close the account (regulation 40K). It must require a new account holder to set a deposit limit or indicate they do not wish to set one, providing information on benefits if they opt out (regulation 40L). It must ask account holders on the anniversary of their first wager whether they wish to set or change a deposit limit (regulation 40M). It must provide a simple process for setting or changing deposit limits, with at least two duration options up to one month, available by self-service or request (regulation 40N). It must give immediate effect to requested decreases, and effect increases no earlier than seven days after the request (regulation 40O). It must promote the availability of deposit limits on marketing materials, welcome packs, its website, and activity statements (regulation 40P). It must give monthly activity statements to active account holders within seven days, with prescribed content and formatting (regulations 40Q, 40R). It must make activity statements easily available online without extra password (regulation 40S). It must make transaction histories available online for up to seven years, and provide them on request to certain persons within fourteen days (regulations 40U, 40V). It must comply with consistent gambling messaging set by the Commission (regulation 40X). It must ensure all relevant individuals receive initial responsible gambling training within one month and refresher training every twelve months, and that no untrained individual interacts with account holders (regulation 40Z). It must make and keep training records for seven years (regulation 40ZA). It must produce those records to an authorised officer on request (regulation 40ZB). It must develop and maintain a consumer protection plan (regulation 40ZC). Account holders have corresponding rights: the right to close an account easily (regulation 40I), the right to set or change a deposit limit (regulation 40N), the right to receive activity statements (regulation 40R), the right to access transaction histories (regulations 40U, 40V), and the right to withdraw consent to direct marketing (regulation 40H). Under regulation 43, persons who publish gambling advertisements have a duty to ensure the advertisement meets the content requirements (not false, not showing children, not offering inducements, etc.). Gambling operators have a duty to include responsible gambling helpline details and a responsible gambling message in audio/audiovisual advertisements, and in other cases to prominently display the helpline telephone number and website details (regulation 43(6)). They also must not offer benefits to another person to participate in or continue gambling, with exceptions (regulation 43(7)-(8)). Under Part 2, the Commission and police have the right to enter premises under warrant (regulation 6A), and authorised officers may require production of records (regulation 16(3)).

The regulations establish a graduated enforcement framework. The most common enforcement mechanism is the infringement notice, issued under the Criminal Procedure Act 2004 Part 2 as modified by section 36 of the Act. Regulation 5A(1) provides that the offences specified in Schedule 2 are offences for which an infringement notice may be issued. Regulation 5A(2) provides that the penalty specified opposite each offence in Schedule 2 is the modified penalty for that offence. Schedule 2 is divided into two divisions. Division 1 lists offences under the Act, with modified penalties ranging from $200 (e.g., section 86 - possession of unlawful gaming equipment) up to $2 500 (e.g., section 104L(1) - exceeding maximum number of tickets in a continuing lottery batch). Division 2 lists offences under the regulations, with modified penalties of $200 for most Part 4A offences (regulations 40F to 40ZC) and for regulation 23A(1) (advertising value of bingo prizes) and regulation 38A (offences related to permitted lotteries). However, regulation 5A(3) states that the modified penalty for Division 2 items 4 to 35 (which cover all Part 4A offences except the direct marketing and advertising ones) is not applicable where regulation 40E(2) is relied on - that is, where RWWA is taken to have committed the offence due to the act of a responsible person. This means that in such vicarious liability cases, the modified penalty cannot be applied and the matter must proceed to prosecution. Regulation 6 prescribes the forms for infringement notices (Form 1) and withdrawal notices (Form 2), both set out in Schedule 3. Regulation 6A prescribes the form of warrant (Form 4). Forfeiture of property is available for certain offences: regulation 5 prescribes offences under sections 41(3), 42(4), 42(5), 43A(2), 43A(3), 44(1), 45(2), 45(4), 85(4) and 106 of the Act, as well as any offence relating to prescribed gaming equipment, an unlawful gaming machine or unlawful gaming equipment within the meaning of section 84. This allows the Commission to seek forfeiture orders in relation to the subject matter of those offences. Specific offences created by the regulations themselves are also subject to penalties. Regulation 23A(1) imposes a fine of $1 000 for advertising the value of prizes before a bingo session. Regulation 38A imposes a fine of $1 000 for conducting a permitted lottery contrary to conditions or regulations. Regulation 43(9) provides that a person who contravenes subregulation (2) (prohibited gambling advertisements) or subregulation (7) (prohibited inducements to gamble) commits an offence. Regulation 43(10) provides that a gambling operator who contravenes subregulation (6) (failure to include responsible gambling messaging and helpline details) commits an offence. The penalties under regulation 43 are not specified in the regulation itself; they would be set by reference to the Act, and Schedule 2 Division 2 item 36 provides a modified penalty of $1 000 for an offence against regulation 43(6) and (10). Under Part 4A, each duty on RWWA carries a penalty of a fine of $1 000 (e.g., regulations 40F, 40G, 40H(1), (3), (4), 40I(1)-(5), 40J, 40K(1), 40L(1)-(3), 40M(2), 40N(2)-(3), 40O(1)-(2), 40P, 40R(1)-(2), 40S(1), (3), 40T, 40U(2), 40V(2), 40X, 40Z(2)-(3), 40ZA(1)-(2), 40ZB(2), 40ZC). However, as noted, some of these may not be subject to modified penalties in vicarious liability cases. Enforcement powers are also present in Part 2: section 36 of the Act (referred to in regulation 5A) allows the use of the infringement notice regime. Part 2 also references the warrant power under section 25 of the Act (regulation 6A). The Commission has discretion to reduce, waive or refund any prescribed fee (regulation 4(2)). The Commission may also impose charges for inquiries into applications (regulation 9(5)) and for inspection of premises (regulation 10(2)). The Commission may require production of records under regulation 16(3) for two-up, and under regulation 40ZB for training records. The regulations also create a duty on permit holders to notify the Commission of any conviction within seven days (regulation 13A), and failure to do so would be a breach of a permit condition, potentially leading to suspension or cancellation of the permit under the Act.

The regulations operate under and are subordinate to the Gaming and Wagering Commission Act 1987. Every reference to “the Act” in the regulations is to that Act (regulation 3(1)(a)). The regulations give effect to many sections of the Act, including sections 25 (warrants), 32(2) (forfeiture), 39(2)(e) (premises where amusement machines permitted), 46(2A) (gaming on cruise ships), 47 (gaming permits), 50 (register), 55 (approval of premises), 56 (renewal/reinstatement), 57 (financial reports), 80 (two-up), 84 (prescribed gaming equipment), 85(6A) (possession on cruise ships), 92 (certificates), 102 (trade promotion lotteries), 103 (small private lotteries), 104 (lotteries generally), 104L (maximum tickets in continuing lotteries), 105(2) (vending machines), 107 (amusements with prizes), 108 (minor fund raising), 109B (unclaimed winnings), 110B (prescribed interval), and others. The regulations also interact with the Criminal Procedure Act 2004: regulation 5A expressly refers to Part 2 of that Act as modified by section 36 of the Act, and regulations 6(1) and (2) refer to sections 6(d) and 15(2) of that Act for the form of infringement and withdrawal notices. The definitions of “modified penalty” and “infringement notice” are imported from that Act. The regulations interact with the RWWA Act: Part 4A applies to RWWA in relation to providing interactive wagering services in carrying out its functions under the RWWA Act Part 5 (regulation 40C). Key terms such as “account” reference the RWWA Act section 64(1) (wagering accounts), and “RWWA key employee” references section 24(2) of that Act (regulation 40D). The regulations interact with the Crimes at Sea Act 2000 (WA) and (Cth) through the note to regulation 18C, which explains that the substantive criminal law applies throughout the inner adjacent area for the State and the outer adjacent area for the Commonwealth. The regulations explicitly reference the Liquor Control Act 1988 in regulation 43(2)(g), defining “liquor” by reference to section 3(1) of that Act in the context of prohibiting free or discounted liquor as an inducement to gamble. The regulations also reference the Fines, Penalties and Infringement Notices Enforcement Act 1994 on Form 1 (the infringement notice), warning the alleged offender that non-payment may lead to licence suspension, vehicle immobilisation, earnings garnishment and property seizure. The regulations interact with industry codes of practice: regulation 43(2)(h) requires gambling advertisements to be in accordance with the Australian Press Council’s Statement of Principles, the Commercial Radio Code of Practice, the Community Radio Broadcasting Code of Practice, the Commercial Television Industry Code of Practice, and the Community Television Code of Practice. The regulations also interact with the National Consumer Protection Framework for Online Wagering in Australia , National Policy Statement, which is defined in regulation 40D and referenced as the purpose of Part 4A (regulation 40B). The Commission is required to have regard to that Statement and to consistent gambling messaging adopted by other States and Territories when setting messaging (regulation 40W(3)). The regulations interact with the Reprints Act 1984 in relation to updating references (noted in the compilation table and other notes). The regulations also interact with the Courts Legislation Amendment and Repeal Act 2004, which changed references from “stipendiary magistrate” to “magistrate” (see note 1). The regulations are also subject to the Criminal Code? Not explicitly, but the Act creates criminal offences.

The regulations were originally made as the Gaming Commission Regulations 1988, citation changed to the Gaming and Wagering Commission Regulations 1988 when the Act was renamed. They commenced on 2 May 1988 (regulation 2). Since then, they have been amended on numerous occasions, with the latest amendments taking effect on 6 February 2025 (SL 2025/30 and SL 2025/35) and further fee amendments effective 1 January 2026 (SL 2025/187). The most significant structural amendment is the insertion of Part 4A (Consumer Protection) by SL 2025/30, effective 6 February 2025. This added nine divisions covering inducements, account closure, deposit limits, activity statements, transaction histories, consistent gambling messaging, staff training, and a consumer protection plan. This was a major expansion of the regulations, giving effect to the National Consumer Protection Framework. SL 2025/35, also effective 6 February 2025, made several important changes: it inserted new regulation 5A (prescribed offences and modified penalties) and Schedule 2, replacing the previous infringement notice provisions; it amended Form 1 and inserted Form 2 for infringement and withdrawal notices; it updated penalties in regulations 23A and 38A (now $1 000 fines and applicable modified penalties); and it amended regulation 43 to update the definition of “gambling operator”. Earlier significant amendments include: the insertion of regulation 18AA (video lottery terminals) in 1995; the introduction of regulation 18B (voucher-dispensing machines) in 1993; the addition of regulation 8A (gaming on cruise ships) in 2017; the insertion of Schedule 5 (conditions for trade promotion lotteries) in 2016; the introduction of regulation 43 (prohibited advertisements and inducements) in 2010; and the insertion of regulation 44 (prescribed interval) in 2010. The compilation table lists amendments from 1988 through to 2025, including annual fee updates each year via the Racing and Gaming Regulations Amendment (Fees and Charges) Regulations series. Notably, certain amendments attempted but repealed: the Gaming and Wagering Commission Amendment Regulations 2019 (as amended by the 2019 No. 2 regulations) were repealed before commencement (see note 6). The regulations have been reprinted multiple times, with Reprint 6 as at 16 May 2014. The current version reflects amendments up to SL 2025/187.

The regulations themselves do not contain any reference to specific court cases. The text of the regulations as provided does not mention any litigation, nor does it cite any case names. As a subordinate legislative instrument, the Gaming and Wagering Commission Regulations 1988 would be the subject of judicial review or interpretation in the context of prosecutions or permit disputes, but the provided text does not include any case law or annotation referencing judicial decisions. This is consistent with the nature of the source material, which is a compilation of the regulations as amended, not a consolidated commentary. The regulations contain several provisions that could give rise to litigation, such as the broad prohibition on gambling advertisements (regulation 43) and the vicarious liability provision for RWWA (regulation 40E(2)). However, no case history is provided, and we cannot invent or assume any. The notes to the regulations (Compilation table and other notes) are purely about publication and amendment history. The defined terms list is also part of the compiled document but not part of the law. Therefore, we can only state that the regulations do not include any reference to litigation history.

Several provisions contain traps that practitioners and regulated entities should monitor carefully. Regulation 40E(2) creates vicarious liability for RWWA: if any responsible person (a term defined broadly to include any individual engaged in providing interactive wagering services, not just employees) does an act that would be an offence if done by RWWA, RWWA is taken to have committed the offence. This is a strict liability provision with no due diligence defence apparent on the face of the text. The modified penalty regime does not apply to vicarious liability cases for Part 4A offences (regulation 5A(3)), meaning such cases go directly to prosecution. This is a significant compliance risk for RWWA. Regulation 40H(2) contains automatic withdrawal of consent to direct marketing: if an account holder requests closure, consent is taken to have been withdrawn 24 hours after the request; if they do not access their account for 12 months, consent is taken withdrawn at the end of that period. This is a trap for RWWA if it continues sending promotional material after these triggers. Regulation 40I(2) requires that the account closure process be available by any means by which the holder may wager. If RWWA offers wagering by telephone and email, the closure process must be available by both - simply having an email cancellation portal is insufficient if the holder only wagers by phone. Regulation 40N(2)(b) prohibits deposit limit durations longer than one month. This means RWWA cannot offer a six-month or annual deposit limit. Practitioners should note that the process must allow the holder to self-set or request, but the maximum duration is one month. Regulation 23A(1) prohibits advertising the value of a prize before a bingo session. This includes any projected, estimated or potential value, including jackpot prizes. Even hinting at a large jackpot could be an offence. Regulation 25(2) includes the cost of any bus used to carry participants or organisers, and the total retail value of incentives (including donated incentives) in the calculation of expenses for bingo. This means even donated goods count as expenses, reducing the amount available for prizes. Regulation 18AA(4) states that a video lottery terminal shall not be constructed or adapted to be playable by insertion of any cash other than of the amount determined from time to time by the Commission. The regulation does not specify the current amount - it is determined by the Commission and may change without amendment to the regulations. This is a trap for operators who fail to keep up with Commission determinations. Regulation 43(5) provides an exception to the prohibition on inducing advertisements for existing customers who have consented, but the exception only applies to subregulation (2)(e)(i) and (ii) and (f) - it does not exempt the publisher from the other prohibitions in subregulation (2) such as false or misleading advertisements. Also, the exception requires that the advertisement include instructions on how to withdraw consent. A gambling operator must carefully segregate existing customer communications from general advertising. The definition of “publish” in regulation 43(1) includes “the internet or any other form of communication”, which captures email, SMS, push notifications and social media tagging. Regulation 40H(5)(a) explicitly includes tagging or mentioning on social media as direct marketing. A social media post that tags an account holder with promotional content would likely be caught. Regulation 40I(4)-(5) requires that if the account only allows telephone wagering, RWWA must give details of the closure process by telephone on request. This means interactive voice response systems may not comply if they do not provide human interaction or fail to orally provide the process. Regulation 40S(2) deems an activity statement not easily available if the account holder must enter a password to view it once the account is accessed. Thus, a password-protected PDF inside a secure portal would violate this, as the portal already required a password to login. The statement must be viewable without an additional password. Regulation 40U(3) has the same requirement for transaction histories: no additional password after account login. Regulation 40ZC requires RWWA to have a consumer protection plan that includes statements of commitment and a description of measures and systems. This is an ongoing obligation - the plan must be maintained, not just created once. Failure to have a plan at all times is an offence. Under Schedule 4 Part 1 rule 6(d), the total value of an accumulated prize or jackpot in bingo shall not exceed $3 000. This cap applies to the total jackpot, not just the increase per session. Operators must track cumulative jackpots across sessions. Regulation 44 prescribes one month as the interval for the purpose of section 110B(4)(b) of the Act (unclaimed winnings). This means that persons holding unclaimed winnings must report or deal with them at least every month. The precise duty is not specified in the regulations, but they set the interval.

Compliance strategies differ between the traditional Part 4 regime and the newer Part 4A. For permit holders under Part 4, the first step is to obtain the appropriate permit or approval before conducting any gaming. Applications must be made on Commission-supplied forms, and the regulations set out detailed information requirements (regulation 9). For function permits, a seven-day notice period applies unless expedited consideration is agreed, and the application may be made informally if the person and premises are already approved (regulation 9(3)). For continuing permits, the application must be in writing on a Commission form at least seven days before the start of the proposed gaming (regulation 9(4)). Keep a copy of the permit as issued (Form 3) and any annexures, as these contain conditions specific to the gaming. Financial statements must be prepared and furnished to the Commission within the required timeframes (7 days for most gaming, 14 days for lotteries). Use the form annexed to the permit. Ensure that the rules in Schedule 4 are followed strictly for the relevant game. For bingo, display the rules prominently as prescribed (regulation 19). For bingo, pay 1% of gross receipts to the Commission within seven days of each session (regulation 21). Keep accurate records of gross receipts, prizes, and expenses. Ensure expenses do not exceed 20% of gross receipts without prior written Commission agreement. For jackpot prizes, remember that if funded from sources other than session receipts, the value of that part is excluded from the prize percentage calculation but also from the expenses calculation (regulation 25(2a)). For bingo, do not advertise the value of prizes before a session (regulation 23A). For lotteries, ensure that tickets comply with the information requirements in Schedule 4 Part 2. For standard lotteries, each ticket must show the permit number, closing date, draw date, manner of notifying winners, etc. Ensure that the draw is conducted within 14 days of closing date (regulation 29). For continuing lotteries, ensure that at least 60% of the total face value of tickets is returned as prizes (regulation 33(2)(b)), and that at least 15% of total face value is distributed to the named organisation (regulation 36). Use only a licensed supplier for tickets (regulation 33(2)(a)). For trade promotion lotteries, ensure all conditions in Schedule 5 are met: no cost to enter; cap on telephone entry cost; no cosmetic surgical prizes; maximum 12 months duration; draw within one month; lodge terms and conditions with the Commission before commencement if by audio, visual or other electronic media; do not amend or cancel without prior written approval. For gaming machines, ensure compliance with the specific conditions. For Skilltester machines, locate in approved premises only, charge no more than $5 per play, offer only goods prizes up to $50 retail (regulation 18A). For video lottery terminals, ensure no direct cash payout, coin denomination determined by the Commission, only prize dockets exchangeable for cash, 70% payout ratio, and 3.25% levy to the Commission (regulation 18AA). For voucher-dispensing machines, locate in approved premises, charge $5 per sequence, in amusement parlours cap voucher value at 10 times the amount charged per sequence, and cap goods prizes at $500 (amusement parlour) or $50 (other). For RWWA, the new Part 4A requires a systematic compliance program. RWWA must first develop and maintain a consumer protection plan that documents commitment to the National Policy Statement and to the Part, and describes measures and systems (regulation 40ZC). This plan should be the central compliance document. RWWA must ensure that all systems are designed to implement the specific requirements: account creation flows must present the option to set a deposit limit, with information on benefits if the person opts out (regulation 40L). The account interface must provide a simple process for setting or changing deposit limits, with duration options of no more than one month (regulation 40N). Decreases must be immediate; increases must be delayed seven days (regulation 40O). The account closure process must be simple, available by telephone, email and any other wagering medium, and prominently displayed on the website and at the account access point (regulation 40I). Upon request, RWWA must immediately stop accepting new wagers and close the account as soon as practicable after existing wagers settle (regulation 40J). No inducements may be offered to encourage an account holder not to close (regulation 40K). Direct marketing requires express consent; consent is automatically withdrawn 24 hours after account closure request or after 12 months of no account access (regulation 40H). No inducements may be offered to give consent. Activity statements must be generated monthly for active account holders, with the prescribed content and formatting, including six-month column graphs, red for losses, black for wins, no promotional material, and links to support services (regulations 40Q, 40R). Statements must be sent within seven days of month end. They must be easily accessible online without an additional password (regulation 40S). Transaction histories must be similarly available for up to seven years. Staff training is mandatory: all relevant individuals must complete approved initial training within one month of becoming relevant, and refresher training within 12 months of the previous training (regulation 40Z). No untrained individual may interact with account holders. RWWA must make and keep written records of training for seven years, and produce them to authorised officers on request (regulations 40ZA, 40ZB). RWWA must also comply with any consistent gambling messaging notices issued by the Commission (regulation 40W, 40X). Finally, RWWA must monitor the activity of responsible persons to avoid vicarious liability. Given that the modified penalty scheme does not apply when regulation 40E(2) is used, any contravention by an employee or contractor that would be an offence if done by RWWA could lead to direct prosecution of RWWA with a $1 000 fine. A robust training program, clear policies on inducements, and internal controls on marketing and account management are essential.