These regulations replace prior gaming rules and set detailed operational, licensing, fee and compliance requirements for casinos, venue and keno operators, monitoring operators, technicians and foreign games permit holders. They expand what counts as a bettable “sports event”, prescribe identification, sealing and installation standards, set tiered fees and tax formulas, impose reporting and transitional audit obligations, and create penalties for tampering and non‑compliance. Licence-holders pay fees and levies; the Commission approves systems and layouts and enforces standards, leading operators to change procedures and record-keeping to meet the new rules.
The Gaming Control Regulations 2022 (the regulations) set out detailed, operational rules that implement and elaborate numerous provisions of the Gaming Control Act 1993 (the Act). Mechanically, the regulations:
Prescribe new and amended definitions and specific inclusions for Act-level concepts, for example by prescribing what counts as ancillary gaming services (reg 3A) and expanding the list of activities that fall within the Act’s definition of a sports event (reg 4).
Delegate significant technical obligations to “general standards” set by the Commission under s 112PA of the Act, and tie compliance obligations to those standards (regs 3, 6B, 6C, 6D).
Create mandatory operational duties for licence-holders and other industry participants: data transfers and audits in transitional arrangements (regs 18A-18C), requirements to affix identification to gaming equipment (reg 6D), procedures for casino layout approval (reg 6E), and specific content and placement of warning signs (reg 16D).
Set financial rules and formulas: fees (Schedule 1 and regs 8, 9, 10, 16), tax-rate calculation for foreign games permits (reg 7), rounding rules for totalizator dividends (reg 6), formulas for proportional refunds and fee proration on licence surrender or change (regs 9(4), 11-15), and how to calculate unclaimed winnings payable monthly (reg 13A).
Prescribe offences and penalties embedded in the Act by reference (reg 18) and add new specific summary penalties for certain regulatory breaches (for example reg 6D, reg 16D, reg 16E, and the penalty in reg 18A).
Provide transitional rules for the move from the former regulatory scheme to the new one, including a mandatory data handover from gaming operators and auditing tasks for monitoring operators (regs 18A-18C).
Current sections
Direct links to the current provisions in Gaming Control Regulations 2022.
(a) in an application for a prescribed licence, or the renewal of a prescribed licence, as an associate of the applicant; or
(b) as a new associate of the holder of a prescribed licence in a notification of change, under section 161 of the Act, in relation to the prescribed licence.
3A
Ancillary gaming services
3A Ancillary gaming services
[Regulation 3A Inserted by S.R. 2023, No. 20, Applied:01 Jul 2023] For the purposes of the definition of ancillary gaming services in section 3(1) of the Act, the provision of gaming equipment maintenance and repair services to a prescribed licence holder under a contract for services between a person, other than a licensed technician, and the prescribed licence holder is prescribed as an ancillary gaming service.
4
Sports events
4 Sports events
(1) In this regulation –
political election means an election in –
(a) Australia or another country; or
(b) any state, territory, district or area of Australia or another country –
in respect of any level of Government in that country, state, territory, district or area, including local or district Government, if wagering in respect of that election is not otherwise illegal under the law of Tasmania or any other law.
(a) a change to the corporate structure of the licensed operator;
(b) the licensed operator or any of its associates has been charged with or convicted of –
(i) an offence against the Act; or
(ii) an offence involving fraud or dishonesty, whether that offence or a conviction for the offence occurred in Tasmania or elsewhere;
(c) the licensed operator becomes a bankrupt or enters into an arrangement or composition with creditors under the Bankruptcy Act 1966 of the Commonwealth;
(d) the licensed operator is a corporate entity and that corporate entity is deregistered under the Corporations Act 2001 of the Commonwealth.
(a) an associate of a licensed holder ceases to be an associate of that licensed operator;
(b) a change to the name of the licensed operator or any of the licensed operator's associates;
(c) a change to the postal address, registered office address, telephone number or email address of the licensed operator or any of the licensed operator's associates;
(d) a change to the details of the person nominated as the contact person for the licensed operator for the receipt of notices or correspondence from the Commission;
(e) the licensed operator or any of the licensed operator's associates is charged with or convicted of any offence that is punishable by a term of imprisonment (other than an offence referred to in regulation 4A(b) ), whether that offence or a conviction for the offence occurred in Tasmania or elsewhere;
(f) a director of the licensed operator is disqualified under the Corporations Act or an overseas equivalent from managing corporations;
(g) the licensed operator is granted or refused a licence, or has disciplinary action taken against it, by a body that regulates gambling in another jurisdiction, whether in Australia or overseas;
(h) an associate of the licensed operator has sought to be declared bankrupt, has become bankrupt or has entered into an arrangement or composition with creditors under the Bankruptcy Act 1966 of the Commonwealth;
(i) an associate of the licensed operator is deregistered as a corporation under the Corporations Act;
(j) the licensed operator or any of the licensed operator's associates default in payment of any debts or guarantees.
5
Community interest matters
5 Community interest matters
(1) In this regulation –
Australian Statistical Geographical Classification means the Australian Statistical Geographical Classification published by the Australian Bureau of Statistics;
Australian Statistical Geography Standard means the Australian Statistical Geography Standard published by the Australian Bureau of Statistics;
gaming-sensitive sites includes the following:
(a) licensed premises;
(b) community facilities;
(c) financial institutions;
(d) any other site that the Commission considers to be a gaming-sensitive site;
local government area means a local government area under the Australian Statistical Geographical Classification;
premises means licensed premises at which gaming machines are proposed to be located;
relevant areas, in relation to premises, means –
(a) the local government area in which the premises are situated; and
(b) any other local government area within 2 kilometres of the premises; and
(c) the statistical area level 2 (SA2) under the Australian Statistical Geography Standard in which the premises are situated.
(a) the name and address of the premises and the venue licence number (if any);
(b) the number of gaming machines proposed for the premises;
(c) the internal floor plan of the premises;
(d) the relevant areas in which the premises are located;
(e) the location and name of any gaming-sensitive sites that are within a 2-kilometre radius of the premises;
(f) a description of the facilities provided and the activities conducted at the premises;
(g) the harm minimisation and responsible gambling measures that will be in place at the premises in addition to those required by any other legislation;
(h) data relating to gaming machines in the relevant areas in which the premises are located;
(i) demographic and other social and economic information relating to the relevant areas in which the premises are located;
(j) the potential social and economic benefits, for the local community, of any proposed gaming machines;
(k) the negative social and economic impacts, and the potential negative social and economic impacts, on the local community, of any proposed gaming machines and how those impacts will be managed.
6
Calculation of totalizator wagering dividends
6 Calculation of totalizator wagering dividends
(1) In this regulation –
totalizator rules means the rules that a totalizator operator has in place in respect of a totalizator as required under section 76XA of the Act.
(2) A totalizator operator in calculating the amount payable as a totalizator wagering dividend is to –
(a) disregard a fraction of 10 cents that is less than 5 cents; and
(b) take a fraction of 10 cents that is equal to or greater than 5 cents to be exactly 5 cents –
except where the relevant totalizator rules provide otherwise.
6A
Prescribed manner for dealing with jackpot prize pool
6A Prescribed manner for dealing with jackpot prize pool
(1) For the purposes of section 85(3) of the Act, a casino operator, venue operator or monitoring operator who has removed a jackpot prize pool from an approved venue must pay that jackpot prize pool to the Commissioner of State Revenue on or before the 14th day of the month immediately following the month during which the jackpot prize pool was so removed.
(2) Any money received by the Commissioner of State Revenue under subregulation (1) is payable into the Community Support Fund.
6B
Procedures for sealing computer cabinet of gaming machine or FATG machine
6B Procedures for sealing computer cabinet of gaming machine or FATG machine
[Regulation 6B Inserted by S.R. 2022, No. 74, Applied:01 Jul 2023] For the purposes of section 86 of the Act, the prescribed procedure to securely seal a seal on the computer cabinet of a gaming machine or an FATG machine is the procedure for the sealing of computer cabinets for such machines specified in the general standards.
6C
Installation of gaming equipment
6C Installation of gaming equipment
[Regulation 6C Inserted by S.R. 2022, No. 74, Applied:01 Jul 2023] For the purposes of section 90(2) of the Act, the prescribed requirements for the installation of gaming equipment at a casino or an approved venue are the requirements for the installation of such equipment at an approved venue specified in the general standards.
identification information, in respect of a gaming machine or an FATG machine, means the identification information that is required under the general standards to be affixed to that gaming machine or FATG machine.
(2) A person must not supply a gaming machine or an FATG machine to a prescribed licence holder unless there is identification information affixed to the cabinet of the gaming machine or the FATG machine in accordance with the general standards.
Penalty: Fine not exceeding 50 penalty units.
(3) A prescribed licence holder must not possess a gaming machine or FATG machine unless there is identification information affixed to the cabinet of the gaming machine or the FATG machine in accordance with the general standards.
(1) The Commission may, on application by the holder of a casino licence, approve plans, diagrams and specifications in relation to the conduct and monitoring of operations in the casino.
(2) An application under subregulation (1) is to be in a form approved by the Commission.
(3) The plans, diagrams and specifications provided to the Commission for approval under subregulation (1) are to indicate the locations of the following:
(a) gaming tables and gaming equipment;
(b) cash desks;
(c) chip storage areas;
(d) counting rooms;
(e) any cash-dispensing device, including but not limited to, automatic teller machines and cash redemption terminals;
(f) premium player areas;
(g) such other facilities as the Commission specifies.
(4) The Commission may, from time to time, request that a casino operator amend and resubmit plans, diagrams and specifications previously approved under subregulation (1) , within the period specified in the request.
(5) A casino operator must amend and resubmit plans, diagrams and specifications as requested under subregulation (4) .
(6) If the casino operator amends and resubmits the plans, diagrams and specifications as requested under subregulation (4) , the Commission must approve the amended plans, diagrams and specifications.
(7) The Commission may only make a request under subregulation (4) that a casino operator amend and resubmit any plans, diagrams and specifications if the amendment is in the public interest or for the proper conduct of gaming.
(8) The Commission may amend on its own initiative any approved plans, diagrams and specifications if the amendment is minor or typographical in nature.
7
Foreign games permit tax rate
7 Foreign games permit tax rate
For the purposes of section 150AF(2) of the Act, the amount of tax payable on a foreign games permit holder's turnover on tickets sold in Tasmania in a foreign game during a month, taking into account the effect of the goods and services tax, is the percentage, of that turnover, calculated in accordance with the following formula:
where –
A is the percentage of the foreign games permit holder's turnover, on the tickets in the foreign game during the month, that is payable as tax under section 150AF(2) of the Act;
B is the percentage that is specified by the foreign games permit holder (in accordance with the foreign games permit holder's foreign games permit) as the rate of return to players, as winnings, of turnover on the tickets in the foreign game during the month;
C is the rate of goods and services tax specified in section 4 of the A New Tax System (Goods and Services Tax Imposition – General) Act 1999 of the Commonwealth as being payable under the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.
8
Fees generally
8 Fees generally
The fees specified in Schedule 1 are prescribed as the fees that are payable under the Act in respect of the matters to which they relate.
9
Annual fee for gaming machine authorities endorsed on venue licence
9 Annual fee for gaming machine authorities endorsed on venue licence
(1) In this regulation –
quarter means the period of 3 months commencing on 1 July, 1 October, 1 January or 1 April in a financial year.
(2) For the purposes of section 148(1)(a) of the Act, the annual licence fee payable by the holder of a venue licence for each gaming machine authority endorsed on that licence is –
(3) The annual licence fee payable by the holder of a venue licence for each gaming machine authority endorsed on that licence is due and payable in the following manner:
(a) if the venue licence is in effect on 1 July in a financial year, the annual licence fee specified in subregulation (2) is payable in 4 equal instalments on the first day of each quarter;
(b) if the venue licence takes effect on a day other than 1 July in a financial year, the annual licence fee specified in subregulation (2) is payable in 4 instalments as follows:
(i) for a quarter in which the venue licence is not in effect, the instalment for the quarter is waived;
(ii) for the quarter during which the venue licence takes effect, the proportional amount of the fee for the quarter is payable within 3 days after the licence takes effect;
(iii) for those quarters remaining during the financial year after the quarter referred to in subregulation (ii) , on the first day of each quarter.
(4) For the purposes of subregulation (3)(b)(ii) , the proportional amount of the fee for the quarter is to be calculated in accordance with the following formula:
where –
A is the proportional fee to be calculated for the quarter;
B is the licence fee payable for the venue licence under subregulation (3) for the full quarter;
C is the number of days in the quarter;
D is the number of days remaining in the quarter as at the date on which the venue licence takes effect.
10
Annual fee for keno operations at licensed premises
10 Annual fee for keno operations at licensed premises
(2) The annual licence fee payable by the holder of a venue licence for keno operations at the licensed premises is due and payable in the following manner:
(a) if the venue licence is in effect on 1 July in a financial year, the licence fee specified in subregulation (1) is payable in respect of that financial year on the first day of that financial year;
(b) if a venue licence takes effect on a day other than 1 July in a financial year, the proportional fee amount is to be paid within 3 days after the venue licence takes effect.
(3) For the purposes of subregulation (2)(b) , the proportional fee amount is to be calculated in accordance with the following formula:
where –
A is the proportional fee amount to be calculated;
B is the licence fee payable under subregulation (1) for the venue licence for the full financial year;
C is the number of days in that financial year;
D is the number of days remaining in the financial year as at the date on which the venue licence takes effect.
11
Partial refund of venue licence fee on surrender of venue licence
11 Partial refund of venue licence fee on surrender of venue licence
For section 148(3) of the Act, the proportional refund of the venue licence fee is to be calculated in accordance with the following formula:
where –
A is the refund amount to be calculated;
B is the total licence fee that has been paid by the holder of the venue licence under section 148(1) of the Act during the financial year in which the licence is surrendered;
C is the licence fee payable by the holder of the venue licence under section 148(1) for the full financial year during which the venue licence is surrendered;
D is the number of days in that financial year;
E is the number of days in the financial year for which the licence is in effect.
12
Partial refund of licence fee on reduction of gaming machine authorities
12 Partial refund of licence fee on reduction of gaming machine authorities
(1) In this regulation –
reduced number, in relation to gaming machine authorities endorsed on a venue licence, means the number of gaming machine authorities endorsed on that venue licence after the venue licence has been amended to reduce the number of gaming machine authorities endorsed on that licence.
(2) For section 148(4) of the Act, the proportional refund of the relevant part of a venue licence fee where the number of gaming machine authorities endorsed on the licence is reduced is to be calculated in accordance with the following formula:
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where –
A is the refund amount to be calculated;
B is the venue licence fee payable for the full financial year under section 148(1)(a) of the Act;
C is the venue licence fee that would have been payable for the full financial year under section 148(1)(a) of the Act if the number of gaming machine authorities endorsed on the venue licence were the reduced number;
D is the number of days in that financial year;
E is the number of days in the quarter for which the number of gaming machine authorities endorsed on the licence is the reduced number.
13
Proportional licence fee if increase in gaming machine authorities
13 Proportional licence fee if increase in gaming machine authorities
(1) In this regulation –
increased number, in relation to gaming machine authorities endorsed on a venue licence, means the number of gaming machine authorities endorsed on that venue licence after the venue licence has been amended to increase the number of gaming machine authorities endorsed on that licence.
(2) For section 148(5) of the Act, the proportional licence fee to be paid for additional gaming machine authorities endorsed on a venue licence is to be calculated in accordance with the following formula:
[](/image/Gaming s12 and 13.gif)
where –
A is the proportional licence fee to be calculated for the additional gaming machine authorities;
B is the venue licence fee that would have been payable under section 148(1)(a) of the Act for the full financial year if the number of gaming machine authorities endorsed on the venue licence were the increased number;
C is the venue licence fee payable under section 148(1)(a) of the Act for the full financial year;
D is the number of days in that financial year;
E is the number of days in the quarter for which the number of gaming machine authorities endorsed on the licence is the increased number.
13A
Unclaimed winnings
13A Unclaimed winnings
[Regulation 13A Inserted by S.R. 2022, No. 74, Applied:01 Jul 2023] For the purposes of section 149(2) of the Act, the amount of unclaimed winnings for a month (the payment month) that is payable by a licensed operator or venue operator in respect of gaming conducted by that operator is to be calculated in accordance with the following formula:
where –
A is the total amount of unclaimed winnings for the payment month;
B is the total amount of winnings payable by the operator during the payment month that was not collected at the end of the payment month;
C is the total amount of winnings paid out by the operator during the payment month in respect of winnings uncollected at the beginning of the payment month.
14
Partial refund of licence fee on surrender of Tasmanian gaming licence
14 Partial refund of licence fee on surrender of Tasmanian gaming licence
For section 76ZI(2A) of the Act, the proportional refund of the relevant licence fee is to be calculated in accordance with the following formula:
where –
A is the amount to be calculated;
LF is the licence fee payable for the full financial year in which the licence is surrendered;
D1 is the number of days in that financial year;
D2 is the number of days remaining in that financial year after the day on which the licence is surrendered.
15
Partial refund of licence fee on surrender of gaming endorsement
15 Partial refund of licence fee on surrender of gaming endorsement
(1) For section 76ZI(4)(c) of the Act, the proportional refund of the relevant part of the licence fee is to be calculated in accordance with the following formula:
where –
A is the amount of the refund to be calculated;
NR is the amount of the nominal proportional refund (being the refund that the licensed provider would be given under section 76ZI(2A) of the Act if, on the day on which the gaming endorsement is surrendered (the "day of surrender"), the Tasmanian gaming licence itself were being surrendered, rather than that gaming endorsement);
NF is the amount of the nominal residual licence fee (being the fee that, under section 148A of the Act, would be payable in respect of the Tasmanian gaming licence for the relevant financial year if it were issued, with its remaining gaming endorsements, on the day of surrender).
(2) In this regulation, relevant part has the same meaning as in section 76ZI of the Act.
16
Annual listing fee to remain on Roll
16 Annual listing fee to remain on Roll
(1) In this regulation –
listing year means the 12-month period commencing on 1 September in any year.
(2) The fee required to be paid under section 148AB(1) of the Act is –
(a) payable for each listing year; and
(b) payable, for each listing year, by 31 August of the listing year immediately preceding the listing year for which it is being paid.
(3) For section 148AB(2) of the Act, a proportional refund of the annual listing fee referred to in that subregulation is to be calculated in accordance with the following formula:
where –
A is the amount of the refund to be calculated;
LF is the annual listing fee paid by the person for the listing year in which the person ceases to be listed on the Roll;
D1 is the number of days in that listing year;
D2 is the number of days remaining in that listing year after the day on which the person ceases to be listed on the Roll.
16A
Controls and procedures to be implemented in casinos
16A Controls and procedures to be implemented in casinos
(a) accounting systems and procedures to be used by the casino operator;
(b) administrative systems and procedures to be used by the casino operator, including the functions of staff engaged in gaming operations in the casino;
(c) procedures for the conduct of gaming and the operation of gaming equipment, including computer systems;
(d) procedures for the security, storage and disposal of gaming equipment;
(e) procedures for the acquisition, installation, service, repair and maintenance of gaming equipment;
(f) procedures for the use and maintenance of security and surveillance facilities;
(g) general procedures in connection with gaming operations at the casino.
16B
Controls and procedures to be implemented by venue operators
16B Controls and procedures to be implemented by venue operators
(a) accounting systems and procedures to be used by the keno operator or monitoring operator;
(b) administrative systems and procedures to be used by the keno operator or monitoring operator, including the functions of the operator's staff;
(c) in the case of a keno operator –
(i) procedures for the operation of a keno system; and
(ii) general procedures in connection with the conduct of keno;
(d) procedures for the acquisition, installation, service, repair and maintenance of gaming equipment by or on behalf of the keno operator or monitoring operator.
16D
Warning signs in casinos and licensed premises
16D Warning signs in casinos and licensed premises
(1) The holder of a casino licence or a venue licence must ensure that a warning sign, in a form approved by the Commission, is displayed in a prominent position at each entrance to any restricted gaming areas within the approved venue specified in the licence.
Penalty: Fine not exceeding 100 penalty units.
(2) The holder of a casino licence or a venue licence must ensure that a warning sign, in a form approved by the Commission, is prominently displayed on every gaming machine operating at the approved venue specified in the licence.
Penalty: Fine not exceeding 100 penalty units.
(3) A warning sign under this regulation must state –
(a) such of the following information as the Commission may determine:
(i) the minimum age at which a person may enter and remain in a restricted gaming area and operate a gaming machine;
(ii) that a person may be required to provide evidence of age;
(iii) that a person under the minimum age is not entitled to any winnings from the operation of a gaming machine or from placing a wager on a game of keno;
(iv) the maximum penalties for entering or remaining in the restricted gaming area, for operating a gaming machine or for placing a wager on a game of keno; and
(b) such other warning, safety or instructive information that the Commission considers is in the public interest.
16E
Tampering or interfering with gaming equipment
16E Tampering or interfering with gaming equipment
former electronic monitoring system means the electronic monitoring system that was operated by a gaming operator under the old legislative scheme;
gaming operator means a person who, immediately before the commencement of these regulations, held a gaming operator’s licence under the old legislative scheme;
jackpot increment amount means the amount by which a gaming machine’s progressive jackpot prize has been increased from its initial jackpot prize amount by the accumulation of contributions from credits played on the gaming machine;
old legislative scheme means the provisions of the Gaming Control Act 1993 as in force before 1 July 2023;
reporting period means the period commencing on 1 July 2016 and ending on 30 June 2023 (both days inclusive);
source data, for a gaming machine, includes the following data for that machine:
(a) data relating to credits played and credits won that is recorded in the electronic meter of that gaming machine;
(b) data relating to the jackpot increment amount for that machine that is recorded in the electronic meter of that machine or in a device to which that machine is linked.
(2) A gaming operator must, before 1 August 2023, provide the Commission with a copy of –
(a) all data relating to the conduct of gaming stored in the former electronic monitoring system as at 12:00am on 1 July 2023; and
(b) a copy of records of gaming machine source data that were made by the gaming operator for the reporting period.
Penalty: Fine not exceeding 200 penalty units.
18B
Transitional regulation for monitoring operator
18B Transitional regulation for monitoring operator
transitional gaming machine means a gaming machine that was, as at 1 July 2023, installed in licensed premises.
(2) A monitoring operator must not permit the use of a transitional gaming machine for the conduct of gaming unless the monitoring operator has completed an audit of that gaming machine in accordance with subregulation (3) .
(3) To complete an audit of a transitional gaming machine, the monitoring operator must –
(a) collect the source data for the gaming machine and ensure that it is correctly recorded in the electronic monitoring system; and
(b) compare the source data collected under paragraph (a) against the data provided to the monitoring operator under subregulation (5) ; and
(c) in the case where there is a discrepancy between the source data collected under paragraph (a) and the data provided under subregulation (5) , take a photograph of the source data for that gaming machine.
(4) The monitoring operator must provide the Commission with a copy of any photograph taken for the purposes of subregulation (3) as soon as reasonably practicable after taking the photograph.
(5) The Commission must provide the monitoring operator with data relating to credits played and credits won on, and jackpot increment amounts for, transitional gaming machines as soon as reasonably practicable after having received that data from the gaming operator under regulation 13 of the Gaming Control Regulations 2014.
18C
Transitional regulation for calculation of community support levy
18C Transitional regulation for calculation of community support levy
former Act means the Act as in force immediately before the changeover day;
jackpot increment, for a hotel or club gaming machine, means the amount by which a gaming jackpot prize on that gaming machine increases from its approved initial value by the contributions from turnover;
transitional casino licence holder means the holder of a general casino licence who held a casino licence under the former Act.
(2) Any jackpot special prize pool held by a transitional casino licence holder under the former Act immediately before the changeover day is to be included, for the purposes of calculating the community support levy under section 151 of the Act, in the gross profits derived by that licence holder from gaming machine games during the month immediately following the changeover day.
(3) A jackpot increment paid to the holder of a venue licence under clause 10(3) of Part 8 of Schedule 5 to the Act is to be included, for the purposes of calculating the community support levy under section 151 of the Act, in the gross profits derived by that licence holder from gaming machine games during the month immediately following the changeover day.
(4) The holder of a gaming operator’s licence under the former Act may, for the purposes of calculating the community support levy under section 151 of the former Act, deduct from its monthly gross profits for the month of June 2023 any payment made under clause 10(3) of Part 8 of Schedule 5 of the Act.
19
Legislation rescinded
19 Legislation rescinded
The legislation specified in Schedule 2 is rescinded.
| | Provision of Act under which fee is payable | Fee units |
| 1. | Proposal by licensed operator under section 14 of the Act for change to conditions on casino licence or keno operator's licence. | 300 |
| 2. | Application under section 36 of the Act for venue licence with no gaming machine authorities endorsed on it – | |
| | (a) base fee; and | 833 |
| | (b) additional fee if venue licence has not been held previously in respect of the premises. | 121 |
| 3. | Application under section 36 of the Act for venue licence endorsed with one or more gaming machine authorities – | |
| | (a) base fee; and | 975 |
| | (b) additional fee if application is accompanied by community interest submission. | 1 147 |
| 4. | Application under section 43B of the Act for renewal of venue licence with no gaming machine authorities endorsed on it. | 556 |
| 5. | Application under section 43B of the Act for renewal of venue licence endorsed with one or more gaming machine authorities. | 656 |
| 6. | Request under section 44 of the Act to amend a venue licence – | |
| | (a) base fee; and | 300 |
| | (b) additional fee if request is accompanied by community interest submission. | 1 265 |
| 6A. | Application under section 48A of the Act for the transfer of a gaming machine authority – | |
| | (a) base fee; and | 389 |
| | (b) additional fee if application is accompanied by community interest submission. | 1 365 |
| 6B. | Application under section 48B of the Act to increase number of gaming machine authorities endorsed on venue licence. | 283 |
| 6C. | Application under section 48C of the Act to decrease number of gaming machine authorities endorsed on venue licence. | 184 |
| 6D. | Request under section 48W of the Act to amend conditions on monitoring operator's licence. | 300 |
| 7. | Application under section 51 of the Act for special employee's licence. | 132 |
| 8. | Application under section 51 (as applied under section 68 ) of the Act for technician's licence. | 132 |
| 9. | Application under section 56A of the Act for replacement of special employee's licence. | 20 |
| 10. | Application under section 56A (as applied under section 68 ) of the Act for replacement of technician's licence. | 20 |
| 11. | Application under section 60 of the Act for renewal of special employee's licence. | 132 |
| 12. | Application under section 60 (as applied under section 68 ) of the Act for renewal of technician's licence. | 132 |
| 13. | Application under section 71 of the Act to be listed on the Roll. | 500 |
| 14. | Application under section 75B of the Act for renewal of listing on the Roll. | 500 |
| 15. | Application under section 75C of the Act for variation of listing on the Roll. | 100 |
| 16. | Application under section 76ZB of the Act for variation of Tasmanian gaming licence. | 100 |
| 17. | Application under section 76ZZN of the Act for minor gaming permit – | |
| | (a) for permit that is to be in effect for period not exceeding 12 months; or | 75 |
| | (b) for permit that is to be in effect for period exceeding 12 months. | 105 |
| 18. | Application under section 77B of the Act for foreign games permit. | 1 000 |
| 19. | Application under section 77O of the Act for variation of foreign games permit. | 100 |
| 20. | Application under section 77P of the Act for renewal of foreign games permit. | 1 000 |
| 21. | Monthly licence fee under section 146 of the Act for holder of general casino licence. | 48 764.04 |
| 22. | Monthly licence fee under section 147 of the Act for holder of high-roller casino licence. | 9 362.92 |
| 23. | Monthly licence fee under section 147A of the Act for holder of keno operator's licence. | 23 408.24 |
| 24. | Annual listing fee under section 148AB of the Act for person to remain on the Roll. | 85 |
| 25. | Notification under section 161 of the Act of change of nominated associate of venue operator or person listed on the Roll. | 103 |
Part 2
Fees relating to electronic monitoring system and gaming equipment
Part 2 Fees relating to electronic monitoring system and gaming equipment
| | Provision of Act under which fee is payable | Fee units |
| 1. | Application under section 48Y of the Act for the approval of an electronic monitoring system or class of electronic monitoring systems – | |
| | (a) where the electronic monitoring system or class of electronic monitoring systems has not previously been approved under section 48Y; or | 2 065 |
| | (b) where the electronic monitoring system or class of electronic monitoring systems has been previously approved under section 48Y but components have changed. | 440 |
| 2. | Application under section 80 of the Act for the approval of a machine type. | 296 |
| 3. | Application under section 80 of the Act for the approval of a machine game. | 430 |
| 4. | Application under section 81 of the Act for the approval of gaming equipment – | |
| | (a) where the gaming equipment is an electronic monitoring system for use in a casino and the electronic monitoring system has not previously been approved under section 81 ; or | 2 065 |
| | (b) where the gaming equipment is an electronic monitoring system for use in a casino and the gaming equipment has been previously approved under section 81 but components of the equipment have changed; or | 440 |
| | (c) where the gaming equipment is for an electronic monitoring system for use in keno operations and the gaming equipment has not previously been approved under section 81 ; or | 2 065 |
| | (d) where the gaming equipment is for an electronic monitoring system for use in keno operations and the gaming equipment has been previously approved under section 81 but components have changed; or | 440 |
| | (e) in all other cases. | 317 |
| 5. | Application under section 112Q of the Act for approval to possess or have control of gaming equipment, or gaming equipment of a type, that has not been approved. | 53 |
These regulations are administered in the Department of Treasury and Finance.
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
1 Short title
1 Short title
These regulations may be cited as the Gaming Control Regulations 2022 .
2 Commencement
2 Commencement
These regulations take effect on 1 July 2023.
3 Interpretation
3 Interpretation
In these regulations –
Act means the Gaming Control Act 1993 ;
[Regulation 3 Amended by S.R. 2022, No. 74, Applied:01 Jul 2023]general standards means general standards set by the Commission under section 112PA of the Act;
nominated associate means a person who is named –
(a) in an application for a prescribed licence, or the renewal of a prescribed licence, as an associate of the applicant; or
(b) as a new associate of the holder of a prescribed licence in a notification of change, under section 161 of the Act, in relation to the prescribed licence.
3A Ancillary gaming services
3A Ancillary gaming services
[Regulation 3A Inserted by S.R. 2023, No. 20, Applied:01 Jul 2023] For the purposes of the definition of ancillary gaming services in section 3(1) of the Act, the provision of gaming equipment maintenance and repair services to a prescribed licence holder under a contract for services between a person, other than a licensed technician, and the prescribed licence holder is prescribed as an ancillary gaming service.
4 Sports events
4 Sports events
(1) In this regulation –
political election means an election in –
(a) Australia or another country; or
Rescind earlier Gaming Control Regulations (Schedule 2) and replace the fees schedule (Schedule 1), thereby changing the application fees, licence fees, and approval fees relevant to operators, installers and equipment suppliers.
Where the regulations use the words “For the purposes of [section X] of the Act ... the following are prescribed”, those clauses function to supply the Act’s definitional or procedural gaps by regulation rather than by primary legislation (see regs 3A, 4, 4A/4B, 5, 6, 6A, 6B, 6C, 6D, 6E, 7, 9, 10, 13A, 18A-18C). The regulations therefore shift many operational details from the Act to regulation and to standards issued by the Commission under s 112PA of the Act (reg 3).
The instrument takes effect 1 July 2023 (reg 2), with some provisions inserted or amended by S.R. 2022 No. 74 and S.R. 2023 No. 20 and 28; the regulations rescind the 2014 Regulations and subsequent amending regulations (Schedule 2).
Main concepts
The regulations pick up a small set of Act-level hooks and supply the detail that makes them enforceable and administrable. Key concepts that the regulations define or operationalise include:
Ancillary gaming services: The regulations prescribe that providing gaming equipment maintenance and repair services to a prescribed licence holder under a contract for services, where the person is not a licensed technician, is an ancillary gaming service for the purposes of the Act’s definition (reg 3A). That determines which activities fall under regulatory oversight as ancillary services.
Sports events: The regulations expand the “sports event” concept beyond conventional sport to include political elections, awards, market movements, economic indicators, weather, television outcomes, bloodstock matters, statistical results and celebrity announcements (reg 4). The prescription is explicit: these activities are to be treated as sports events for the Act’s wagering and market-offer provisions.
Major/minor changes in situation for licensed operators: For the purposes of s 30 of the Act, the regs list what counts as major changes (corporate structure, certain criminal charges/convictions, bankruptcy/deregistration) and minor changes (changes of associate status, contact details, some overseas regulatory actions, defaults in payment of debts, director disqualification, and similar matters) (regs 4A-4B).
Community interest matters: The regs define the information that must be included in community interest submissions when premises are proposed for gaming machines (reg 5). This includes detailed local geographic areas, lists of gaming-sensitive sites, internal floor plan, proposed harm-minimisation measures beyond other legislation, local demographics and economic/social impact descriptions.
Delegation to general standards: Multiple operational rules are not set out in the regulations themselves but are required to comply with the “general standards” set by the Commission under s 112PA (regs 3, 6B, 6C, 6D). The general standards are therefore part of the rule-stack and control technical requirements like sealing procedures, installation standards and identification information.
Financial and accounting formulas: Rounding conventions for dividends (reg 6), tax-rate calculation formula for foreign games permits that incorporates the permit-holder’s specified return-to-player percentage and GST rate (reg 7), and multiple proportional refund/fee proration formulas (regs 9(4), 11-15) are set out as mathematical rules.
Internal controls: The regulations require systems of internal controls and administrative and accounting procedures for casino operators, venue operators, keno and monitoring operators, specifying the content those systems must cover (regs 16A-16C).
Physical controls and signage: Requirements to display Commission-approved warning signs at restricted gaming area entrances and on every gaming machine, and to include specified information as the Commission may determine, are set out together with penalties (reg 16D). Prohibitions on tampering with security devices, identification information and seals carry specified penalties (reg 16E).
Transitional data and audit obligations: The regulations impose a short timetable for gaming operators to provide former electronic monitoring system data and for monitoring operators to audit transitional machines before use (regs 18A-18B). They also deal with how jackpot pools and jackpot increments are to be treated for the community support levy during changeover (reg 18C).
These concepts operationalise the Act by assigning concrete deliverables (data, plans, signs, procedures), timelines (for payments, data supply and audits), fee levels (Schedule 1), and penalties for non-compliance. Where the regulations refer back to specific provisions of the Act (for example sections 30, 76XA, 85, 86, 90(2), 112PA, 137, 137A, 138, 148, 149, 151, 161, 173 and others), they should be read as the delegated detail that complements those Act provisions.
Who it affects
The regulations create obligations and costs for a distinct set of industry participants and public bodies. Identify who pays, who must act, and who decides, based strictly on the text:
Licensed operators and venue licence-holders: They face the bulk of compliance obligations. Venue licence-holders pay annual licence fees per gaming machine authority (reg 9) and may be required to prepare community interest submissions with specified content (reg 5). Venue operators must display warning signs (reg 16D), maintain internal controls (reg 16B), ensure identification information is affixed to machines (reg 6D), and must not possess machines lacking the required identification (reg 6D). Where a venue licence is amended to increase or decrease machine authorities, proportional fees or refunds follow the formulas in regs 12-13.
Casino operators: They must submit plans, diagrams and specifications for casino layout and monitoring (reg 6E), maintain internal controls and accounting procedures covering a specified list of functions (reg 16A), and comply with sealing, installation and identification rules as prescribed via the general standards (regs 6B, 6C, 6D). Casino operators with removed jackpot prize pools must pay those pools to the Commissioner of State Revenue by the 14th day after the removal month, with the funds payable into the Community Support Fund (reg 6A).
Keno operators and monitoring operators: Keno operators must comply with internal control requirements tailored to keno systems (reg 16C). Monitoring operators must audit transitional gaming machines before permitting their use (reg 18B(2)-(4)) and obtain data from the Commission (reg 18B(5)). Monitoring operators are also subject to application fees and approval processes for electronic monitoring systems and equipment (Schedule 1 Part 2).
Gaming operators under the old scheme and monitoring operators during transition: Gaming operators who held licences under the old legislative scheme must provide the Commission with former electronic monitoring system data and source data for 1 July 2016-30 June 2023 reporting period by 1 August 2023, under penalty (reg 18A). Monitoring operators must perform audits of transitional machines before use (reg 18B).
Suppliers and persons providing maintenance/repair services: The regulations prescribe that maintenance and repair services supplied under a contract by a person who is not a licensed technician are ancillary gaming services (reg 3A). Suppliers must not supply gaming machines without identification affixed as required by the general standards (reg 6D(2)); a failure attracts a penalty (reg 6D(2)).
The Commission: The Commission holds several decision-making powers and is central to implementing the delegated standards. It sets general standards under s 112PA (reg 3), approves and requests amendments to casino plans (reg 6E), approves forms for applications (reg 6E(2)), may determine the content of warning signs (reg 16D(3)), and provides monitoring operators with previously held data for audits (reg 18B(5)). The Commission also may determine what constitutes gaming-sensitive sites among community interest matters (reg 5(1)).
State revenue and public funds: The Commissioner of State Revenue receives certain jackpot prize pools removed from venues and pays them into the Community Support Fund (reg 6A).
Persons seeking permits, approvals or listings: Applications for venue licences, foreign games permits, monitoring system approvals, machine approvals, Roll listings and other authorisations attract fixed fees listed in Schedule 1 (reg 8 and Schedule 1). Applicants and listed persons must pay the annual listing fee to remain on the Roll (reg 16).
The regulations therefore allocate costs and operational obligations primarily to licence-holders, operators, monitoring providers, suppliers and applicants. The Commission and the Commissioner of State Revenue are the principal public decision-makers and recipients of prescribed deliverables and payments. The schedules and specific penalty provisions identify who will face enforcement consequences for contraventions (for example reg 6D(2) imposes a fine not exceeding 50 penalty units).
Key duties and rights
Duties and rights created or clarified in the regulations include specific data, procedural and payment obligations, and a few affirmative rights to apply or appeal. Main duties:
Data supply and audit duties in transition: A gaming operator (as defined in reg 18A) must provide the Commission with all data in the former electronic monitoring system and records of source data for the reporting period 1 July 2016-30 June 2023 before 1 August 2023 (reg 18A(2)), with a penalty of up to 200 penalty units for non-compliance (reg 18A(2)). A monitoring operator must not permit use of a transitional gaming machine without completing the audit steps specified in reg 18B(3), including collecting and reconciling source data and photographing discrepancies, and must provide photographs to the Commission promptly (regs 18B(3)-(4).
Identification information and supply prohibition: Suppliers must not provide gaming machines or FATG machines to prescribed licence holders unless the identification information required by the general standards is affixed to the cabinet (reg 6D(2)), with a fine up to 50 penalty units. Prescribed licence holders must not possess machines lacking that identification (reg 6D(3)).
Internal controls and procedures mandates: Casino operators, venue operators, keno operators and monitoring operators must have Commission-approved systems of internal controls and administrative and accounting procedures. Those systems must include named topics such as accounting systems, administrative procedures, security, acquisition and maintenance of gaming equipment, and procedures for gaming conduct and operation (regs 16A-16C).
Sealing, installation and equipment standards: Sealing procedures for computer cabinets of gaming machines or FATG machines are prescribed to follow the general standards (reg 6B). Installation requirements for gaming equipment at casinos or approved venues are also prescribed as per the general standards (reg 6C).
Casino layout approval and amendment: A casino operator may apply to the Commission for approval of plans and specifications for conduct and monitoring of casino operations; the Commission may request amendments where in the public interest or for the proper conduct of gaming and, if the operator complies, must approve the amended plans (reg 6E(1)-(7)). The Commission may itself amend minor or typographical matters (reg 6E(8)).
Signage and physical control duties: Venue and casino licence-holders must display Commission-approved warning signs at restricted gaming area entrances and on every gaming machine (reg 16D(1)-(2)), under penalty not exceeding 100 penalty units. They must ensure each sign states such elements as the minimum age requirement, the right to request evidence of age, the entitlement to winnings, maximum penalties, and any other warning or safety information the Commission considers in the public interest (reg 16D(3)).
Prohibited acts with penalties: The regs make it an offence to tamper with security devices, alter identification information on gaming equipment, or interfere with seals protecting passwords and codes unless authorised (reg 16E), with a fine not exceeding 200 penalty units.
Payment and accounting duties: Casino, venue and other operators must comply with payment timeframes and formulas. Notably, a casino or venue operator who has removed a jackpot prize pool must pay it to the Commissioner by the 14th day of the month following removal, and those funds go to the Community Support Fund (reg 6A(1)-(2)). Totalizator operators must apply the rounding rule in reg 6 when calculating dividends, except where their totalizator rules provide otherwise (reg 6(2)).
Fee-payment and application duties: Applicants for licences, monitoring systems and equipment approvals, and those seeking Roll listing or transfers, must pay the fees set in Schedule 1, and the regulations prescribe how annual and proportional fees are to be paid and prorated when licences take effect mid-year or endorsements are surrendered (regs 8-16, Schedule 1).
Appeal right and procedure: There remains a right of appeal to the Supreme Court under s 173 of the Act; the regulations require appeals to be instituted in accordance with Division 4 of Part 27 of the Supreme Court Rules 2000 as if they were appeals subject to the Supreme Court Civil Procedure Act 1932 (reg 17). This prescription defines the procedural pathway and timing.
Rights and procedural protections are limited in the regulations: the primary affirmative procedural right spelled out is the ability to apply for Commission approvals (e.g., reg 6E(1) and Schedule 1 application items) and to appeal to the Supreme Court under the procedural rules stated in reg 17. The Commission’s approval and amendment powers are significant but are constrained in one place by an explicit threshold: the Commission may only request amendment of casino plans if the amendment is “in the public interest or for the proper conduct of gaming” (reg 6E(7)). Many operational requirements are expressed as duties to be performed or to obtain Commission approval.
Penalties and enforcement
The regulations both incorporate enforcement by reference to the Act and create new, specific regulatory penalties. Enforcement mechanisms, responsible agencies and penalty levels are:
Specific monetary penalties in the regulations: The text prescribes fixed maximum penalties (expressed as penalty units) for certain contraventions:
Supply or possession of gaming machines lacking identification information is an offence with a maximum fine of 50 penalty units (reg 6D(2)).
Failure to display warning signs at restricted gaming area entrances and on gaming machines attracts a maximum fine of 100 penalty units per offence (reg 16D(1)-(2)).
Tampering with electronic or physical security devices, altering identification information, or interfering with seals protecting passwords or security codes carries a maximum fine of 200 penalty units (reg 16E).
Transitional data non-compliance by gaming operators (reg 18A(2)) is subject to a fine not exceeding 200 penalty units.
Prescribed Act offences for purposes of s 100(2): Regulation 18 lists Act sections to be treated for the purposes of s 100(2) of the Act. The regulations do not recreate those Act provisions but prescribe them for the specified purpose, thereby linking the Act’s enforcement architecture with the offences in sections 87, 89, 94, 112, 115, 116, 118 and 135 of the Act (reg 18). The practical effect is that these Act provisions are singled out for whatever consequence s 100(2) provides (the regulations do not restate s 100(2)).
Commission’s regulatory decisions and approvals: The Commission’s approval or amendment powers (reg 6E) function as administrative controls; failure to obtain required approvals or to comply with Commission requests where mandated could expose operators to disciplinary actions under the Act (the Act provisions referenced in these regulations set out the available sanctions).
Payment enforcement mechanisms: Monetary duties such as licence fees (Schedule 1), the requirement to pay jackpot prize pools to the Commissioner by set dates (reg 6A(1)), and the requirement to pay community support levies (reg 18C arrangements) all create avenues for debt recovery and enforcement under the Act and revenue legislation; the regulations specify timing and allocation (e.g., Community Support Fund destination in reg 6A(2)).
Audits and data reconciliation: The transitional auditing duties imposed on monitoring operators (reg 18B) create an operational enforcement mechanism: a monitoring operator must not permit the use of transitional machines unless the audit is completed; the Commission receives photographs of discrepancies (reg 18B(3)-(4)), which provides an evidentiary trail for enforcement action.
Appeals channel: Decisions are subject to judicial appeal as per reg 17: an appeal to the Supreme Court under section 173 of the Act must be instituted under the Supreme Court Rules 2000. This provides an avenue to challenge administrative determinations, although the regulations specify procedural conformity rather than substantive review limits.
The regulations presuppose the Act’s enforcement architecture for higher‑order sanctions and disciplinary measures; the regulations add summary penalties for selected operational breaches and ensure revenue flows into public funds. Enforcement will likely combine Commission oversight (approvals, audits, standards), prosecutorial action for statutory offences under the Act, and penalties or debt recovery procedures for unpaid fees or levies. The regulations themselves, where they impose a monetary penalty, state the maximum in penalty units but do not convert those units to dollar amounts in the text.
How it interacts with other laws
The regulations explicitly tie into the Act and to several other statutory instruments and frameworks, creating a network of delegated standards, judicial procedure, taxation and corporate law interactions:
The regulations operate as delegated legislation under the Gaming Control Act 1993: multiple provisions start “For the purposes of [section X] of the Act ... the following are prescribed,” thereby filling detail that the Act leaves to regulation (see regs 3A, 4, 5, 6, 6A-6E, 7, 9, 10, 13A, 16A-16E, 18A-18C).
Delegation to Commission “general standards”: The regulations repeatedly require compliance with general standards set by the Commission under section 112PA of the Act (reg 3 defines “general standards”; regs 6B, 6C, 6D specifically require procedures, installation standards and identification information to comply with those standards). The practical interaction is that the Commission’s standards, once issued under s 112PA, become operational components of compliance.
Relations with Commonwealth taxation law: The formula for foreign games permit tax rate (reg 7) explicitly takes account of the GST rate specified in section 4 of the A New Tax System (Goods and Services Tax Imposition - General) Act 1999, as applied by the A New Tax System (Goods and Services Tax) Act 1999 (reg 7, definition of C). Thus the tax computation cross-references Commonwealth GST law.
Bankruptcy and Corporations Act references: The regs treat bankruptcy and corporate deregistration events as regulatory triggers for major or minor change notifications under s 30 of the Act. Specifically, becoming bankrupt or entering into an arrangement under the Bankruptcy Act 1966 or being deregistered under the Corporations Act 2001 are prescribed major changes (reg 4A(c)-(d)). Director disqualification under the Corporations Act or an overseas equivalent is listed as a minor change (reg 4B(f)). These cross-references bring insolvency and corporate regulatory outcomes into the gaming compliance frame.
Judicial procedure and Supreme Court Rules: Appeals to the Supreme Court are to be instituted under Division 4 of Part 27 of the Supreme Court Rules 2000 and as if subject to the Supreme Court Civil Procedure Act 1932 (reg 17). The regulations therefore lock in the procedural framework for judicial review and appeals.
Revenue and public funds: Regulation 6A requires removed jackpot prize pools to be paid to the Commissioner of State Revenue and directs that money into the Community Support Fund (reg 6A(1)-(2)), thereby interacting with State revenue administration and the Community Support Fund’s statutory structure (as referenced by the Act).
Rescission of prior regulations: Schedule 2 rescinds the Gaming Control Regulations 2014 and their amending instruments, making the 2022 regulations the operative regulatory framework from commencement (Schedule 2 and reg 19).
Interaction with prior Act provisions during transition: Transitional regs 18A-18C explicitly reference the “old legislative scheme” and the “former Act” and set out how older features such as jackpot special prize pools and jackpot increments are to be treated in calculating the community support levy for an immediate transitional period (reg 18C). This maintains continuity with prior accounting and levy regimes for a defined changeover day (1 July 2023).
Overall, the regulations embed a layered compliance architecture: substantive duties in the Act, technical implementation in the regulations, and operational specificity in Commission-issued general standards under s 112PA. They also require coordination with Commonwealth GST law, insolvency/corporations law outcomes, Supreme Court procedural rules, and State revenue administration.
Amendment history
The regulations bear a short amendment and commencement record within the text. Key items visible in the regulations themselves:
Commencement date: The regulations take effect on 1 July 2023 (reg 2).
Insertion and amendment notes: Several regulations carry footnote style indications of insertion or amendment by specific Statutory Rules:
Regulations 3 and 3A: Regulation 3 was amended by S.R. 2022 No. 74, applied 1 July 2023 (reg 3); regulation 3A was inserted by S.R. 2023 No. 20, applied 1 July 2023 (reg 3A).
Regulations 4A, 4B, 6A, 6B, 6C, 6D, 6E, 13A, 16A-16E and Part 2 of Schedule 1 were inserted or substituted by S.R. 2022 No. 74 applied 1 July 2023 (various insertion notes).
Schedule 1 Part 1 and Schedule 1 generally were substituted by S.R. 2022 No. 74, applied 1 July 2023, and Part 1 was further amended by S.R. 2023 No. 20, applied 1 July 2023 (Schedule 1 header and Part 1 notes).
Regulation 18A and 18B were inserted by S.R. 2023 No. 20 applied 1 July 2023 (see reg 18A and 18B notes).
Regulation 18C was inserted by S.R. 2023 No. 28 applied 1 July 2023 (reg 18C note).
Rescission of earlier instruments: Schedule 2 lists the regulations rescinded: Gaming Control Regulations 2014 (No. 120 of 2014) and its amendment regulations 2017 (No. 53) and 2020 (No. 14) (Schedule 2, reg 19).
Gazette notification: The instrument notes that it was notified in the Gazette on 29 June 2022 (endnote).
Administration: The regulations state they are administered in the Department of Treasury and Finance (endnote).
The embedded notes identify S.R. 2022 No. 74 as the principal instrument effecting the 2022 substitution of Schedule 1 and the insertion of many new regulatory clauses, and S.R. 2023 No. 20 and No. 28 as subsequent amending instruments that inserted further detailed transitional and definitional provisions. The regulations therefore reflect a concentrated amendment activity around mid-2022 to mid-2023, consolidating a new regulatory regime that replaced the 2014 regulations.
Users must treat the “general standards” referenced by multiple regulations as an evolving instrument: those standards are set under section 112PA of the Act and are not reproduced in the regulations, so their content and any future amendment of them will materially change compliance duties established by the 2022 regulations.
Litigation history
The regulations do not include case law or judicial interpretation. The text contains no references to litigation, court decisions, or precedents. What the regulations do provide that is relevant to litigation risk and procedure:
Appeal route: Regulation 17 prescribes the procedural pathway for appeals to the Supreme Court under section 173 of the Act. Appeals must be instituted in the manner and within the periods provided in Division 4 of Part 27 of the Supreme Court Rules 2000, as if the appeal were subject to the Supreme Court Civil Procedure Act 1932 (reg 17). This instructs litigants and practitioners on the procedural mechanism, but the regulations do not specify substantive grounds or limits on review beyond the Act itself.
Offence prescription: Regulation 18 prescribes particular provisions of the Act for the purposes of section 100(2) of the Act. This prescription may shape the availability of summary or particular enforcement routes under the Act, potentially affecting the types of proceedings that could be brought and how courts are asked to treat contraventions; however, the regulations do not provide statutory guidance about prosecutorial policy or evidentiary standards.
Transitional auditing and data: The transitional requirements in regs 18A-18B create specific documental and evidentiary obligations (for example, preservation and provision of source data, photographic evidence of discrepancies, and Commission-supplied data). Those records will be relevant evidence in any enforcement or judicial proceedings that arise out of the changeover period and will influence litigation outcomes though the regulations do not themselves report any litigation.
No reported cases: The text provides no litigation history, and does not reference any judicial consideration of the regulations or the earlier instruments they rescind.
Practitioners assessing litigation exposure should therefore rely on the Act’s enforcement and appeal provisions, the procedural prescriptions in reg 17 for appeals, and the documentary and audit duties in regs 18A-18B that create an evidentiary record. Because the Commission retains broad approval and standards-setting powers (notably under s 112PA incorporated by reference), administrative law challenges to Commission decisions under the Act and the regulations would proceed under the usual channels (judicial review, merits appeals where available), but the regulations themselves do not add or limit judicial review beyond the appeal procedure set out at reg 17.
Gotchas
The regulations contain a number of operational and compliance traps that can create unexpected costs, discretion-driven uncertainty and short timelines. The following are concrete “watch outs” grounded in the text:
Heavy reliance on Commission “general standards”: Several core compliance items are not written into the regulations but required to follow the general standards set by the Commission under s 112PA (reg 3 defines the term; regs 6B, 6C, 6D refer to the general standards for sealing procedures, installation and identification information). That means operators cannot determine full compliance from the regulations alone; they must obtain and monitor the Commission’s standards. The mechanics: if standards change, installation, sealing and identification obligations change automatically.
Broad Commission discretion on “gaming-sensitive sites” and warning sign content: Regulation 5(1) defines “gaming-sensitive sites” to include any other site that the Commission considers to be a gaming-sensitive site. Regulation 16D(3)(b) allows the Commission to determine “such other warning, safety or instructive information that the Commission considers is in the public interest.” The mechanism is discretionary rule-creation by the Commission; operators cannot anticipate all content or lists and may face ad hoc obligations or requests.
Short and specific transitional deadlines: Gaming operators are required to provide historical electronic monitoring system data and source records for the period 1 July 2016-30 June 2023 to the Commission before 1 August 2023, under penalty up to 200 penalty units (reg 18A(2)). The combination of aged data, potential proprietary monitoring systems and a short deadline risks operational disruption and evidentiary disputes if data extraction is complex.
Monitoring operator audit precondition: Monitoring operators must audit each transitional gaming machine before allowing it to be used for gaming (reg 18B(2)-(3)). This is an operational gate: machines cannot be reactivated until audit reconciliation is complete; discrepancies must be photographed and supplied to the Commission (reg 18B(3)-(4)), creating administrative overhead and potential delays in venue operations.
Multiple, layered fees and escalators: Schedule 1 sets a large set of application fees, base fees plus additional fees for community interest submissions, and high monthly licence fee units for casinos and keno operators (Schedule 1 Part 1 items 21-23). Venue licence fees per gaming machine authority follow tiered fee-unit amounts and potentially significant per-machine costs (reg 9(2) brackets). Entities must model licence cost exposure carefully; fee units are the charging measure but the regulations do not show the dollar conversion rate.
Proportional refund and proration formulas: Several proration and refund calculations are formula-driven (regs 9(4), 11-15). The formulas must be applied correctly in accounting systems. The mechanism is arithmetic; the gotcha is operational: errors in calculation or timing can produce over/underpayments and potential disputes.
Identification information obligations extend to suppliers: Suppliers must not supply a gaming machine or FATG machine unless the cabinet bears identification information per the general standards (reg 6D(2)). Contravention attracts a fine. This imposes a compliance duty upstream in the supply chain; importers, manufacturers, or installers must ensure Commission standards are met before delivery.
Jackpot prize pool payment timing: A removed jackpot prize pool must be paid to the Commissioner by the 14th day of the following month (reg 6A(1)). The timing is tight and funds are allocated to the Community Support Fund (reg 6A(2)); missing the timing risks penalties and accounting discrepancies.
Criminal and corporate events as major changes: Certain criminal charges or convictions (including fraud or dishonesty) and corporate deregistration are treated as major changes (reg 4A(b), (d)). Those triggers can force licensing review and potentially suspension. The mechanism is that historic or overseas offences can alter an operator’s regulatory status.
Penalty unit magnitudes unspecified in dollars: The regulations state maximum fines in penalty units but do not give their dollar equivalent. Practitioners must check the current penalty unit value to calculate exposure; failing to do so can understate financial risk.
Rescission of previous rules: The regulations rescind the 2014 Regulations (Schedule 2). Operators relying on old guidance need to check for substantive differences, especially where the new regulations delegate more to general standards or add detailed transitional obligations.
Each of these points is grounded in the specific regulatory text referenced above. The common pattern is delegation of technical detail to Commission standards, short and firm timelines for transitional data and audits, and a mix of administrative approvals plus summary penalties which together create operational risk that must be managed proactively.
How to comply
This section sets out concrete compliance steps, using the exact regulatory hooks, to convert obligations into an action plan for affected entities. Practitioners should map these steps to internal responsibilities and timelines.
Identify the applicable statutory role and obligations
Determine whether you are a casino operator, venue licence-holder, keno operator, monitoring operator, gaming operator under the old scheme, supplier, or applicant (see regs 6A-6E, 9-10, 16A-16C, 18A-18B).
Review whether ancillary services you provide fall within the regulation’s prescription (reg 3A).
Obtain and review the Commission’s general standards
The general standards under s 112PA are referenced for sealing procedures, installation requirements and identification information (regs 3, 6B, 6C, 6D). Obtain the current general standards promptly and map their technical requirements to your equipment, installation and maintenance processes.
Implement any physical changes required (labelling, seals, cabinet access procedures) before supplying or possessing machines.
Meet identification and supply obligations
Ensure all gaming machines and FATG machines supplied to prescribed licence holders have identification information affixed in accordance with the general standards (reg 6D(2)) and that your venue does not possess machines lacking such identification (reg 6D(3)).
If you supply machines, incorporate a pre-delivery check to confirm identification is affixed.
Internal controls, accounting and administrative procedures
Develop or update the systems of internal controls required by regs 16A-16C. The required elements are explicit: accounting systems, administrative procedures, conduct and operation procedures, acquisition/security/storage/disposal procedures, maintenance procedures and surveillance systems.
Submit these systems for Commission approval where required and schedule periodic reviews to ensure standards conformity.
Signage and physical security
Procure Commission-approved warning sign templates and ensure they are displayed at each restricted gaming area entrance and on every gaming machine (reg 16D(1)-(2)). Content may include age limits, evidence of age, entitlements and maximum penalties (reg 16D(3)).
Implement controls preventing tampering with security devices, identification marks or seals protecting passwords and codes (reg 16E). Staff training and access control logs are practical mechanisms.
Transition data and audit compliance (time-critical)
If you were a gaming operator under the old scheme, prepare a copy of all data from the former electronic monitoring system and records of source data for the reporting period 1 July 2016-30 June 2023 and provide them to the Commission before 1 August 2023 (reg 18A(2)). Treat this as a priority; non-compliance attracts a penalty up to 200 penalty units.
Monitoring operators must complete the audit steps for each transitional gaming machine before permitting its use: collect source data, reconcile against Commission-provided data, photograph discrepancies and provide photographs to the Commission promptly (regs 18B(2)-(4)). Coordinate with gaming operators to obtain the Commission-supplied data (reg 18B(5)).
Fee management and accounting for proration/refunds
Identify which fees in Schedule 1 apply to your activities: application fees, approvals for electronic monitoring systems, machine approvals, monthly licence fees for casinos and keno operators, annual listing fees and notifications (Schedule 1 Part 1 and Part 2).
Implement accounting rules to calculate proration and proportional refunds using the formulas set out in regs 9(4), 11-15 when licences take effect part-year, are surrendered, or when gaming machine authorities change.
Monitor payment due dates: annual listing fees must be paid by 31 August prior to the listing year (reg 16(2)), annual licence fees for keno operations are due on 1 July or proportionally upon licence commencement (reg 10(2)), and casino jackpot prize pools removed must be paid to the Commissioner by the 14th day after removal (reg 6A(1)).
Approval applications and procedural compliance
For electronic monitoring systems, machine types, gaming equipment and other approvals, lodge applications in the Commission’s approved form and pay the applicable fee from Schedule 1 (Schedule 1 Part 2, items 1-5).
For casino layout approvals, prepare plans, diagrams and specifications showing the specific locations required (gaming tables/equipment, cash desks, chip storage, counting rooms, cash-dispensing devices, premium player areas, and other Commission-specified facilities) and be ready to amend plans if requested by the Commission for public interest or proper conduct reasons (reg 6E(1)-(7)).
Compliance with tax and levy calculations
For foreign games permit holders, compute the tax percentage using the formula in reg 7, where the permit-holder-specified return-to-player percentage (B) and the GST rate (C) factor into the calculation.
For community support levy treatment during the changeover (1 July 2023), include jackpot special prize pools and jackpot increments in gross profits as prescribed by reg 18C and consult reg 18C(4) for deduction rights in June 2023.
Recordkeeping and evidentiary readiness
Maintain detailed records of audits, source data, photographic evidence of discrepancies, commission correspondence, approvals, internal controls and signage display, as those will be essential in any Commission audit or appeal. Ensure those records can be produced to the Commission within reasonable timeframes.
Appeals and dispute process
If you intend to appeal a Commission decision under s 173 of the Act, institute the appeal in accordance with Division 4 of Part 27 of the Supreme Court Rules 2000 and the Civil Procedure Act 1932 procedure references (reg 17). Engage legal counsel early for procedural compliance.
Compliance monitoring and review
Assign regulatory responsibility within the business to track any changes to Commission general standards and to ensure quarterly or event-driven reviews of compliance obligations, especially for high-impact items: signage, sealing, identification, data obligations, audits, fee payments and jackpot handling.
These steps convert the regulatory text into an operational checklist tied to the precise regulatory citations. Because several obligations depend on Commission-issued general standards, a standing compliance task should be to monitor the Commission for standards publication and amendment under s 112PA and to update internal procedures promptly when they change.
Section 4AMajor change in situation of licensed operator
(b) any state, territory, district or area of Australia or another country –
in respect of any level of Government in that country, state, territory, district or area, including local or district Government, if wagering in respect of that election is not otherwise illegal under the law of Tasmania or any other law.
(2) For the purposes of paragraph (c) of the definition of sports event in section 3(1) of the Act, the following activities are prescribed as sports events:
(a) a political election;
(b) the awarding of a prize, or other award, in respect of any sport;
(c) the awarding of a prize, or other award, in respect of any art or other cultural activity;
(d) the movement in a stock market index or the price of a stock on a stock market;
(e) the movement in a commodities market index or the price of a commodity on a commodities market;
(f) the movement in interest rates, consumer price index or other economic indicator;
(g) the temperature, weather or other meteorological event;
(h) the result or an outcome of a television show or other media entertainment event;
(i) the result or an outcome of a bloodstock sale or the sex, weight or other characteristic of the progeny of a bloodstock animal;
(j) a statistical result based on published research or data;
(k) a celebrity announcement.
4A Major change in situation of licensed operator
4A Major change in situation of licensed operator
[Regulation 4A Inserted by S.R. 2022, No. 74, Applied:01 Jul 2023] For the purposes of section 30 of the Act, the following changes in situation in relation to a licensed operator are prescribed as a major change:
(a) a change to the corporate structure of the licensed operator;
(b) the licensed operator or any of its associates has been charged with or convicted of –
(i) an offence against the Act; or
(ii) an offence involving fraud or dishonesty, whether that offence or a conviction for the offence occurred in Tasmania or elsewhere;
(c) the licensed operator becomes a bankrupt or enters into an arrangement or composition with creditors under the Bankruptcy Act 1966 of the Commonwealth;
(d) the licensed operator is a corporate entity and that corporate entity is deregistered under the Corporations Act 2001 of the Commonwealth.
4B Minor change in situation of licensed operator
4B Minor change in situation of licensed operator
[Regulation 4B Inserted by S.R. 2022, No. 74, Applied:01 Jul 2023] For the purposes of section 30 of the Act, the following changes in situation in relation to a licensed operator are prescribed as a minor change:
(a) an associate of a licensed holder ceases to be an associate of that licensed operator;
(b) a change to the name of the licensed operator or any of the licensed operator's associates;
(c) a change to the postal address, registered office address, telephone number or email address of the licensed operator or any of the licensed operator's associates;
(d) a change to the details of the person nominated as the contact person for the licensed operator for the receipt of notices or correspondence from the Commission;
(e) the licensed operator or any of the licensed operator's associates is charged with or convicted of any offence that is punishable by a term of imprisonment (other than an offence referred to in regulation 4A(b) ), whether that offence or a conviction for the offence occurred in Tasmania or elsewhere;
(f) a director of the licensed operator is disqualified under the Corporations Act or an overseas equivalent from managing corporations;
(g) the licensed operator is granted or refused a licence, or has disciplinary action taken against it, by a body that regulates gambling in another jurisdiction, whether in Australia or overseas;
(h) an associate of the licensed operator has sought to be declared bankrupt, has become bankrupt or has entered into an arrangement or composition with creditors under the Bankruptcy Act 1966 of the Commonwealth;
(i) an associate of the licensed operator is deregistered as a corporation under the Corporations Act;
(j) the licensed operator or any of the licensed operator's associates default in payment of any debts or guarantees.
5 Community interest matters
5 Community interest matters
(1) In this regulation –
Australian Statistical Geographical Classification means the Australian Statistical Geographical Classification published by the Australian Bureau of Statistics;
Australian Statistical Geography Standard means the Australian Statistical Geography Standard published by the Australian Bureau of Statistics;
gaming-sensitive sites includes the following:
(a) licensed premises;
(b) community facilities;
(c) financial institutions;
(d) any other site that the Commission considers to be a gaming-sensitive site;
local government area means a local government area under the Australian Statistical Geographical Classification;
premises means licensed premises at which gaming machines are proposed to be located;
relevant areas, in relation to premises, means –
(a) the local government area in which the premises are situated; and
(b) any other local government area within 2 kilometres of the premises; and
(c) the statistical area level 2 (SA2) under the Australian Statistical Geography Standard in which the premises are situated.
(2) For the purposes of paragraph (a) of the definition of community interest matters in section 35A of the Act, the following matters are prescribed in relation to premises:
(a) the name and address of the premises and the venue licence number (if any);
(b) the number of gaming machines proposed for the premises;
(c) the internal floor plan of the premises;
(d) the relevant areas in which the premises are located;
(e) the location and name of any gaming-sensitive sites that are within a 2-kilometre radius of the premises;
(f) a description of the facilities provided and the activities conducted at the premises;
(g) the harm minimisation and responsible gambling measures that will be in place at the premises in addition to those required by any other legislation;
(h) data relating to gaming machines in the relevant areas in which the premises are located;
(i) demographic and other social and economic information relating to the relevant areas in which the premises are located;
(j) the potential social and economic benefits, for the local community, of any proposed gaming machines;
(k) the negative social and economic impacts, and the potential negative social and economic impacts, on the local community, of any proposed gaming machines and how those impacts will be managed.
6 Calculation of totalizator wagering dividends
6 Calculation of totalizator wagering dividends
(1) In this regulation –
totalizator rules means the rules that a totalizator operator has in place in respect of a totalizator as required under section 76XA of the Act.
(2) A totalizator operator in calculating the amount payable as a totalizator wagering dividend is to –
(a) disregard a fraction of 10 cents that is less than 5 cents; and
(b) take a fraction of 10 cents that is equal to or greater than 5 cents to be exactly 5 cents –
except where the relevant totalizator rules provide otherwise.
6A Prescribed manner for dealing with jackpot prize pool
6A Prescribed manner for dealing with jackpot prize pool
(1) For the purposes of section 85(3) of the Act, a casino operator, venue operator or monitoring operator who has removed a jackpot prize pool from an approved venue must pay that jackpot prize pool to the Commissioner of State Revenue on or before the 14th day of the month immediately following the month during which the jackpot prize pool was so removed.
(2) Any money received by the Commissioner of State Revenue under subregulation (1) is payable into the Community Support Fund.
6B Procedures for sealing computer cabinet of gaming machine or FATG machine
6B Procedures for sealing computer cabinet of gaming machine or FATG machine
[Regulation 6B Inserted by S.R. 2022, No. 74, Applied:01 Jul 2023] For the purposes of section 86 of the Act, the prescribed procedure to securely seal a seal on the computer cabinet of a gaming machine or an FATG machine is the procedure for the sealing of computer cabinets for such machines specified in the general standards.
6C Installation of gaming equipment
6C Installation of gaming equipment
[Regulation 6C Inserted by S.R. 2022, No. 74, Applied:01 Jul 2023] For the purposes of section 90(2) of the Act, the prescribed requirements for the installation of gaming equipment at a casino or an approved venue are the requirements for the installation of such equipment at an approved venue specified in the general standards.
identification information, in respect of a gaming machine or an FATG machine, means the identification information that is required under the general standards to be affixed to that gaming machine or FATG machine.
(2) A person must not supply a gaming machine or an FATG machine to a prescribed licence holder unless there is identification information affixed to the cabinet of the gaming machine or the FATG machine in accordance with the general standards.
Penalty: Fine not exceeding 50 penalty units.
(3) A prescribed licence holder must not possess a gaming machine or FATG machine unless there is identification information affixed to the cabinet of the gaming machine or the FATG machine in accordance with the general standards.
6E Approval of casino layout
6E Approval of casino layout
[Regulation 6E Inserted by S.R. 2022, No. 74, Applied:01 Jul 2023]
(1) The Commission may, on application by the holder of a casino licence, approve plans, diagrams and specifications in relation to the conduct and monitoring of operations in the casino.
(2) An application under subregulation (1) is to be in a form approved by the Commission.
(3) The plans, diagrams and specifications provided to the Commission for approval under subregulation (1) are to indicate the locations of the following:
(a) gaming tables and gaming equipment;
(b) cash desks;
(c) chip storage areas;
(d) counting rooms;
(e) any cash-dispensing device, including but not limited to, automatic teller machines and cash redemption terminals;
(f) premium player areas;
(g) such other facilities as the Commission specifies.
(4) The Commission may, from time to time, request that a casino operator amend and resubmit plans, diagrams and specifications previously approved under subregulation (1) , within the period specified in the request.
(5) A casino operator must amend and resubmit plans, diagrams and specifications as requested under subregulation (4) .
(6) If the casino operator amends and resubmits the plans, diagrams and specifications as requested under subregulation (4) , the Commission must approve the amended plans, diagrams and specifications.
(7) The Commission may only make a request under subregulation (4) that a casino operator amend and resubmit any plans, diagrams and specifications if the amendment is in the public interest or for the proper conduct of gaming.
(8) The Commission may amend on its own initiative any approved plans, diagrams and specifications if the amendment is minor or typographical in nature.
7 Foreign games permit tax rate
7 Foreign games permit tax rate
For the purposes of section 150AF(2) of the Act, the amount of tax payable on a foreign games permit holder's turnover on tickets sold in Tasmania in a foreign game during a month, taking into account the effect of the goods and services tax, is the percentage, of that turnover, calculated i
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