NORTHERN TERRITORY OF AUSTRALIA
GAMING CONTROL (GAMING MACHINES) REGULATIONS 1995
As in force at 14 April 2020
Table of provisions
1 Citation ............................................................................................ 1
2 Definitions ........................................................................................ 1
3 Application for permit ....................................................................... 1
4 Consideration of application ............................................................ 2
5 Permits and fees.............................................................................. 2
6 Redeemable credits ......................................................................... 3
8 Enforcement of gaming machine turnover levy................................ 4
9 Treasurer may appoint trustees ....................................................... 4
10 Specified associations ..................................................................... 5
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 14 April 2020
GAMING CONTROL (GAMING MACHINES) REGULATIONS 1995
Regulations under the Gaming Control Act 1993
1 Citation
These Regulations may be cited as the Gaming Control (Gaming
Machines) Regulations 1995.
2 Definitions
In these Regulations, unless the contrary intention appears:
Commissioner means the Commissioner of Territory Revenue as
defined in section 3(1) of the Taxation Administration Act 2007.
liable permit holder means the holder of a permit liable under
regulation 7(1) to pay gaming machine turnover levy.
non-commercial gaming machine means a gaming machine
which, in the opinion of the Director, is of historical or novelty value
or interest, is not operated (if at all) for the purposes of gain and is
kept in a private dwelling house or in a museum or like place.
quarter means a consecutive period of 3 months ending with the
last days of September, December, March and June respectively.
trust account means the trust account opened by the Treasurer in
pursuance of section 50 of the Act.
3 Application for permit
(1) A person may apply to the Director for a permit for a purpose
referred to in section 49 of the Act or a combination of those
purposes.
(2) An application under subregulation (1) shall be:
(a) in writing in the approved form;
(b) accompanied by such documentary evidence as may be
required by the Director to assist the Director in determining
the application; and
Gaming Control (Gaming Machines) Regulations 1995 2
(c) accompanied by the fee prescribed in regulation 5.
4 Consideration of application
(1) The Director may, on receiving an application under regulation 3:
(a) grant the application subject to such conditions, if any, as the
Director thinks fit; or
(b) refuse the application.
(2) A permit granted under this regulation shall be in the approved
form.
(3) Where an application is refused under subregulation (1), notification
of the refusal shall be given to the applicant.
(4) In considering an application under this regulation, the Director
shall have regard to any written directions of the Minister relating to
the provision and use of gaming machines.
(5) The Director may, by notice in writing to the holder of a permit
granted under this regulation, but having regard to any directions
under subregulation (4), amend or revoke a condition of the permit
or impose an additional condition on the permit.
(6) It is a condition of a permit granted under this regulation that the
holder of the permit:
(a) allow a gaming inspector, or a person authorised in writing by
the Director, to enter a place (including a public place) where
a gaming machine in relation to which the permit was granted
is kept, used, maintained or repaired and to inspect the place
and the gaming machine; and
(b) obtain the consent of the Director to the scale of, and method
of dispensing or providing, the goods or services or vouchers
representing goods or services relating to the gaming machine
in relation to which the permit was granted.
5 Permits and fees
(1) A permit for a purpose referred to in section 49(1) of the Act shall,
subject to the Act, be valid for the financial year in respect of which
it is granted and may be renewed on application made under
regulation 4 not later than 30 days before the end of that financial
year.
Gaming Control (Gaming Machines) Regulations 1995 3
(2) The fees to accompany an application for a permit or the renewal of
a permit are:
for a purpose referred to in
section 49(1)(a) of the Act, 55 revenue units
for a purpose referred to in
section 49(1)(b) of the Act, 230 revenue units
for a purpose referred to in
section 49(1)(c) of the Act, 55 revenue units
for a non-commercial gaming machine Nil.
(3) Where a first application for a permit is made other than during the
first quarter of a financial year, the fee payable under
subregulation (2) shall be reduced in inverse proportion to the
number of quarters or parts of quarters remaining during the
financial year for which the permit, if granted, is valid.
6 Redeemable credits
(1) The player of a gaming machine wishing to redeem any credits
indicated on the machine shall accept, in exchange, goods or
services or vouchers representing goods or services, whether
dispensed or provided by the holder of the permit relating to the
machine or otherwise.
(2) Where goods referred to in subregulation (1) comprises or includes
liquor, it shall be dispensed or provided to the player in accordance
with the conditions of the licence of a person licensed under the
Liquor Act 2019.
(3) The holder of a permit who operates a gaming machine shall have
affixed on or in close proximity to it an approved notice displayed in
a conspicuous position setting out:
(a) the scale of; and
(b) the method of dispensing or providing,
the goods or services or vouchers representing goods or services
relating to the gaming machine.
Maximum penalty: 4 penalty units.
Gaming Control (Gaming Machines) Regulations 1995 4
(4) The holder of a permit who operates a gaming machine:
(a) shall dispense or provide the goods, services or vouchers in
accordance with the scale and method referred to in
subregulation (3); and
(b) shall not exchange, barter or trade any goods, services or
vouchers resulting from the use of a machine by a player.
Maximum penalty: 4 penalty units.
(5) A person who provides or causes to be provided cash or any sort of
cash benefit or cash award (including making up in cash the
difference in value between any goods and services provided and
the value of the redeemable credits) in relation to the use of a
gaming machine is guilty of an offence.
Maximum penalty: 4 penalty units.
(6) The Director may determine the size, contents and format of a
notice to be displayed under subregulation (3) and the holder of a
permit who displays a notice in general conformity with the
Director's determination shall be taken to have displayed an
approved notice.
8 Enforcement of gaming machine turnover levy
Subject to these Regulations, the Taxation Administration Act 2007
applies, with the necessary changes, to and in respect of gaming
machine turnover levy as if:
(a) the levy were a duty payable under a taxation law; and
(b) a return under these Regulations were a return required under
a taxation law; and
(c) the holder of the permit liable to pay the levy were a person
liable to pay duty under a taxation law; and
(d) the Treasurer or the Director, as the case may be, were the
Commissioner.
9 Treasurer may appoint trustees
(1) The Treasurer may, in writing, appoint such number of persons as
trustees as is thought appropriate for the purpose of:
(a) advising the Treasurer on establishing rules and procedures
for the administration of any funds in the trust account; and
Gaming Control (Gaming Machines) Regulations 1995 5
(b) administering the funds in accordance with rules and
procedures approved by the Treasurer.
(2) A trustee shall hold office for such term not exceeding 3 years as
the Treasurer determines, but may be reappointed.
10 Specified associations
Without limiting the generality of section 50(b) of the Act or the
discretion of the Treasurer or any trustee appointed under
regulation 9 in applying funds from the trust account, funds from the
trust account may be applied to a non-profit making association the
activities of which are charitable, benevolent or philanthropic and
are of benefit to the community, notwithstanding that the activities
of or the benefits derived from the association are not restricted to a
local area.
ENDNOTES
Gaming Control (Gaming Machines) Regulations 1995 6
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Gaming Control (Gaming Machines) Regulations (SL No. 8, 1995)
Notified 5 April 1995
Commenced 5 April 1995
Amendment of Gaming Control (Gaming Machines) Regulations (SL No. 39, 1995)
Notified 19 December 1995
Commenced 1 January 1996 (r 1)
Treasury Legislation Amendment (Revenue Units) Regulations 2006 (SL No. 33, 2006)
Notified 18 October 2006
Commenced 18 October 2006
Revenue Law Reform (Budget Initiatives) Act 2008 (Act No. 23, 2008)
Assent date 30 June 2008
Commenced pt 1, ss 3, 12(1), 18 and 19: 1 January 2008;
ss 7, 10 and 11(1): 6 May 2008; rem: 1 July 2008 (s 2)
Fees and Charges Amendment Regulations 2009 (SL No. 34, 2009)
Notified 14 December 2009
Commenced 1 January 2010 (r 2)
Penalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)
Assent date 12 July 2013
Commenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)
Licensing (Repeals and Consequential Amendments) Act 2014 (Act No. 44, 2014)
Assent date 5 December 2014
Commenced 1 January 2015 (Gaz S130, 19 December 2014, p 2)
Liquor Act 2019 (Act No. 29, 2019)
Assent date 3 September 2019
Commenced 1 October 2019 (Gaz G39, 25 September 2019, p 2)
ENDNOTES
Gaming Control (Gaming Machines) Regulations 1995 7
Licensing (Director-General) Repeal Act 2020 (Act No. 4, 2020)
Assent date 9 March 2020
Commenced 14 April 2020 (Gaz G13, 1 April 2020, p 2)
3 SAVINGS AND TRANSITIONAL PROVISIONS
r 3 Amendment of Gaming Control (Gaming Machines) Regulations (SL
No. 39, 1995)
4 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 2, 6, 7 and 8.
5 LIST OF AMENDMENTS
r 2 amd Act No. 23, 2008, s 21; Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
rr 3 – 4 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
r 5 amd No. 33, 2006, r 5; No. 34, 2009, r 10; Act No. 44, 2014, s 145
r 6 amd No. 33, 2006, r 5; Act No. 23, 2013, s 6; Act No. 44, 2014, s 145; Act
No. 29, 2019, s 356; Act No. 4, 2020, s 87
r 7 amd No. 39, 1995, r 2; No. 33, 2006, r 5; Act No. 23, 2013, s 6
rep Act No. 4, 2020, s 84
r 8 amd Act No. 23, 2008, s 21; Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
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