Gaming Control Act 1993

Casino operators. The Territory's casino licensee is the primary regulated entity. The operator is subject to the terms of the casino agreement, the approved game rules, the Director's directions, and the obligations set out in Part 3.

Lottery operators and associations. Approved associations (as defined in the regulations) may conduct lotteries for their benefit under section 38. Persons who wish to conduct lotteries by agreement, mail order, or internet gaming must obtain a licence.

Internet gaming operators. Division 5 of Part 4 applies to persons conducting internet gaming businesses in or from the Territory. The 2025 amendments introduced a distinction between type 1 and type 2 internet gaming businesses, with different tax rates and calculation methods applying to each.

Trade and foreign lottery operators. Section 39 allows persons carrying on a trade or business to conduct a trade lottery subject to the regulations. Section 40 allows sale of foreign lottery tickets with the Minister's permission.

Persons in casinos. Section 34 prohibits persons under 18 years from playing games or entering gaming areas. Section 33 gives the licensee (and the Director or Commissioner of Police) power to exclude persons from the casino. Excluded persons commit an offence by entering or remaining in breach of a direction.

Employees of gaming businesses. Licensed employees are regulated persons. A person whose gaming inspector appointment is terminated cannot work in a casino for 6 months (section 15(9)).

Licensees generally. Licensees must comply with all conditions of their licence, with directions from the Minister or Director, and with applicable Territory laws. Non-compliance is a ground for cancellation or suspension (sections 20(2), 46F(2)). Licensees must pay fees, taxes and levies under their agreement and under any regulations (sections 24, 46M, 47M, 47N).

Casino licensees. The casino licensee must keep accounts in the form approved by the Director (section 31(5)). The licensee must ensure persons under 18 do not play games or enter gaming areas (section 34(1)). The licensee must comply with directions to provide information, to adopt or cease practices, and with the rules of approved games (sections 31(3), (4), (6)).

Gaming machine community benefit levy. Section 35A requires the casino licensee to pay a gaming machine community benefit levy monthly. The calculation mechanics are incorporated by reference from specified sections of the Gaming Machine Act 1995.

Annual report. Under section 6, the Director must give the Minister an annual report on the operation of the Act within 3 months after the end of each financial year. The Minister must table the report in the Legislative Assembly within 6 sitting days. The Director and Community Benefit Committee also provide a joint annual report on Fund operations under section 68B(6).

Secrecy. Section 71 prohibits Territory employees from disclosing information about another person's affairs acquired under the Act, or producing documents furnished under the Act, except for Act purposes. Exceptions exist for disclosure to police, gaming administrators from other jurisdictions, and law enforcement bodies.

Regulatory principles. Section 14 specifies that in performing functions, the Director must consider six regulatory principles: minimum regulatory intervention, maximum cooperation between industry and government, performance-based risk management, proactive and competitive industry positioning, long-term viability of the gaming industry, and a balanced approach to problem gambling.

Minister's powers over casino licences. Section 17 gives the Minister a broad discretion to enter into agreements and to refuse without being bound by specified criteria. Section 18 gives the Minister discretion over the terms and conditions of a casino licence and the approved places. Section 20 gives the Minister power to cancel, suspend, or partially vary a casino licence for specified grounds of non-compliance or conduct that brings the licence into disrepute. Section 20(2) limits that power to the grounds listed but otherwise gives the Minister an "absolute discretion" in its application.

Assignment of casino licence. Section 22(2) gives the Minister absolute discretion to consent or refuse to consent to an assignment of a casino licence or an interest in it.

Director's directions. Section 31 gives the Director power to direct the casino licensee on the form and manner of accounts, to appoint a casino controller, to direct provision of information, and to direct the licensee to adopt, vary, cease or refrain from any practice. Section 31(6) makes non-compliance with a direction an offence.

Entry and inspection. Section 35 gives the Director, gaming inspectors and approved persons an unrestricted right to enter and remain in a casino at any time for observation, recording and compliance checking purposes. A member of the Police Force may enter casino areas open to the public for any law enforcement purpose (section 35(2)). The Director and gaming inspectors may also enter associated places used in connection with the casino business (section 35(3)).

Detention of suspected persons. Section 28 allows the person in charge of a casino, authorised employees and gaming inspectors to detain in an approved place a person suspected on reasonable grounds of contravening the Act or any other Act, until police arrive. Police may also detain and search suspected persons (section 28(3) and (4)).

Exclusion from casino. Section 33 gives the licensee, and also the Director and Commissioner of Police, power to direct that a person not enter or remain in the casino (section 33(2) and (6)). The Commissioner of Police must notify the Director of any exclusion direction given (section 33(7)).

Review of decisions. Under Part 5B, decisions that are "reviewable decisions" (as prescribed by regulation) may be reviewed by the Director on application from an affected person within 28 days (sections 68CC, 68CE). The Director must comply with natural justice in conducting the review (section 68CF(1)(c)). After the Director's review, an affected person may apply to NTCAT (section 68CH).

General criminal penalty. Section 74 is the omnibus penalty provision. It lists specified sections, and provides that a person who contravenes or fails to comply with those sections commits an offence punishable by a maximum of 85 penalty units or imprisonment for 2 years. The list includes section 4(7) (obstruction of Director), section 15(9) (working in casino post-termination), sections 27(6) (playing unlawful game), section 31(5) and (6) (accounts and directions), section 36 (unlawful lottery), sections 69 (cheating) and 71(1) (secrecy).

Regulatory offences. Section 73 provides that contraventions of sections 33(5) (failing to leave casino), 34(3) (under-18s gaming), 49, 53(4), and 57(1), (2)(a) and (c) are regulatory offences. Regulatory offences attract lesser penalties under the Sentencing Act 1995.

Forfeiture. Section 78 provides for automatic forfeiture to the Crown of any instrument of gaming, amusement machine, ticket dispensing machine, or other thing used in or in relation to the commission of an offence. The Director has discretion as to whether to keep, sell, destroy or otherwise dispose of forfeited property. Forfeited money goes into the Community Benefit Fund (section 78(3)).

Cheating. Section 69 prohibits using fraudulent tricks, devices, sleight of hand or representation, fraudulent schemes, fraudulent use of gaming equipment, or fraudulent use of instruments normally associated with gaming, to obtain or induce delivery of money, chips, benefits or valuable consideration. It also prohibits possession of bogus or tampered gaming equipment, or devices intended for cheating.

Executive officer liability. Section 72 applies to directors' liability: if a body corporate commits a relevant offence, an executive officer of the body corporate is also guilty of the offence if the executive officer knew, or was reckless, that the offence would occur and did not take all reasonable steps to prevent it. There are transitional rules for offences committed before and after the commencement of the Statute Law Amendment (Directors' Liability) Act 2015.

Prosecution time limits. Section 75(1) provides that an offence against this Act may be prosecuted at any time, with no limitation period.

Continuing offences. Section 75(2) confirms that finding a person guilty does not prevent further prosecution for continuation of the offence, extinguish obligations, or prevent other penalties or actions.

Casino applications. Section 16 requires applications to be in the approved form, accompanied by the prescribed fee. The Minister may request additional information. The Minister carries out investigations before deciding whether to enter into an agreement. An agreement entered into must be tabled in the Legislative Assembly within 3 sitting days (section 17(5)).

Duration of casino licence. Section 19 provides the licence remains in force for the period specified in the agreement unless terminated by agreement, surrendered or cancelled.

Mail order lottery licence duration. Section 46E provides an initial term of 10 years from the date of grant, with renewal for successive periods of 5 years.

Review timelines. Under Part 5B, an affected person must apply to the Director for review within 28 days after written notice of the delegate decision, unless the Director allows a later date (section 68CC(2)). The making of an application does not automatically stay the delegate decision (section 68CD(1)), though the Director may grant a stay. NTCAT review is available only after exhausting the Director review avenue (section 68CH(2)).

Community Benefit Fund annual report. Section 68B(6) requires the Director and Community Benefit Committee to provide a joint annual report on Fund operations within 3 months after the end of the financial year. The Minister must table it in the Legislative Assembly within 6 sitting days.

Gaming Machine Act 1995. Section 3A expressly provides that nothing in the Gaming Control Act makes unlawful what is permitted under the Gaming Machine Act 1995. Section 35A incorporates by reference the community benefit levy provisions from the Gaming Machine Act 1995 (sections 144, 148(1), 150(2) and (3) and 152 to 159) as if the casino were licensed premises under that Act.

Liquor Act 2019. Section 32 provides that no person other than the licensee or an approved employee may hold a liquor licence for any place on or in a casino. Section 35(1)(c) requires gaming inspectors to check compliance with the Liquor Act when entering a casino.

Police Administration Act 1978. Section 27(3) provides that approved implements and articles used in approved games are not subject to the Police Administration Act's gaming provisions. Section 28(5) preserves police detention rights under that Act independently of the section 28 regime.

Taxation Administration Act 2007. Section 68D applies the Taxation Administration Act 2007 (excluding certain provisions) to taxes and levies payable under the Act's "taxation provisions" (sections 24(2)(c), 38B(3), 46M(3), 47M(3), 47N(3) to (5)).

Personal Property Securities Act 2009 (Cth). Section 20A declares that a casino licence is not personal property for the purposes of section 8(1)(k) of the PPSA. The same declaration is made for mail order lottery licences (section 46R) and internet gaming licences (section 47R).

Australian Charities and Not-for-profits Commission Act 2012 (Cth). Section 68A(7) defines "not-for-profit organisation" for Community Benefit Fund purposes by reference to registration eligibility under the ACNC Act.

Charter of Budget Honesty Act 1998. Not directly referenced, but the Community Benefit Fund provisions interact with the NT's fiscal framework through the Agency's Operating Account.

The Act is NT-only, not Tasmanian. The source text is clear: this is Northern Territory legislation. The slug name and database classification may suggest Tasmania, but the text is unambiguous.

Suitability goes wider than the applicant. Sections 17(4)(g), 40(4A)(g), 46C(4)(f) and similar provisions require the Director or Minister to assess the fitness and propriety of each director, partner, trustee, executive officer, secretary and any other prescribed connected person. A licensee whose controlling individuals become unsuitable after licence grant may face cancellation under section 20(2)(f).

Casino licence is not personal property. Section 20A means a casino licence cannot be used as collateral under the PPSA. Financiers relying on licensed premises should take security over the underlying land and assets rather than the licence.

Mail order lottery licence term is 10 years with 5-year renewals. Unlike a casino licence whose term is agreement-based, the mail order lottery licence under section 46E has a fixed statutory maximum term of 10 years for the initial grant. This may have refinancing and planning implications for operators.

Prosecution without time limit. Section 75(1) removes any limitation period for prosecuting offences. Operators cannot rely on the passage of time to render old non-compliance unprosecutable.

Review does not automatically stay the decision. Under section 68CD(1), applying to the Director for review of a delegate decision does not stay the delegate decision. Operators who need to continue operating pending review must apply separately for a stay under section 68CD(2).

Community Benefit Fund levy is separate from gaming machine tax. Section 35A imposes a community benefit levy on the casino for gaming machines, in addition to any gaming machine tax. The two charges are calculated and collected separately.

Example 1: Casino operator facing exclusion direction. The Commissioner of Police gives a direction under section 33(6) that a named person must not enter or remain in the casino. The Director must be notified as soon as practicable (section 33(7)). The casino operator must then exclude or remove the person whenever they attempt to enter (section 33(4)). The person commits a regulatory offence under section 73 if they enter or remain in breach of the direction.

Example 2: Community association wanting to hold a fundraising lottery. The association must be an "approved association" (as prescribed in the regulations) to conduct a lottery under section 38(1)(a). Alternatively, it may enter into a written agreement with the Minister under section 38(1)(b) for a lottery for a purpose specified in the agreement. Any lottery must be conducted in accordance with the regulations (section 38(2) and (3)).

Example 3: Internet gaming business changing tax category under 2025 amendments. Under the Revenue Legislation Amendment Act 2025, internet gaming businesses are now classified as type 1 or type 2. For an operator with an existing type 1 agreement made before the 2025 commencement, section 99 provides that the agreement is taken to require tax at the rate mentioned in the new section 47M(4) from commencement, regardless of what the original agreement says. Operators need to review their existing agreements against the new rates.

Example 4: Cancelled mail order lottery licence and Supreme Court appeal. If the Minister cancels a mail order lottery licence under section 46F, the licensee may appeal to the Supreme Court under section 46G. The Supreme Court has the same powers as the Minister, is not bound by the rules of evidence, and hears the matter by way of rehearing. It may confirm, substitute, or set aside the decision and return it to the Minister with directions.