GAMING MACHINE REGULATIONS 1995 (Northern Territory)

These Regulations set out the detailed operational, technical, accounting, licensing, fee and compliance rules that implement the Gaming Machine Act 1995 in the Northern Territory. They do not create the Act's high‑level offences or all Director powers, rather they prescribe the granular requirements that licensees, monitoring providers, manufacturers, repairers, machine managers and the Director must follow in order to lawfully provide and supervise gaming machines in the Territory. Mechanically, the Regulations:

Define core terms used across the regulatory regime, including game EPROM, game board, processor board, hopper, machine identification number and performance summary (regulation 2).
Cap the aggregate and local supply of gaming machines and set per‑premises maxima, including an aggregate Territory cap (1 659 machines, reg 2AA), maximum machines per licensed premises (20 for Category 1, 55 for Category 2, reg 3), and a local cap on clubs within 1.5 km of the Darwin Casino defined by a frozen baseline with population‑linked incremental openings (reg 3A).
Prescribe the licensing and probity requirements for repairers, service contractors, monitoring providers and machine managers, including matters to be considered on application (Schedule 2), prescribed duties of machine managers (regulation 7), and prescribed conditions for monitoring provider licences (Schedule 3).
Specify the permitted content and service level of a basic monitoring service, the maximum monitoring fee per machine and annual CPI adjustment mechanism (regulations 6B, 6D; Schedule 6).
Set out detailed operational controls: layout and supervision of premises (regulation 8), installation and security requirements (regulations 9, 9A), hours of prohibited gaming (regulation 10), minimum return‑to‑player percentages (regulation 12A), and advertising restrictions including a prohibition on inducements (regulation 39).

NORTHERN TERRITORY OF AUSTRALIA GAMING MACHINE REGULATIONS 1995 As in force at 14 June 2023 Table of provisions Part 1 Preliminary 1 Citation ............................................................................................ 1 2 Interpretation ................................................................................... 1 Part 1A Restriction on gaming machine numbers 2AA Restriction of gaming machine numbers ......................................... 3 Part 2 Gaming machine licences 2A Prescribed liquor licence ................................................................. 3 3 Maximum number of gaming machines ........................................... 4 3A Cap on clubs with gaming machines within 1.5 km of Darwin Casino ............................................................................................. 4 4 Prescribed conditions of gaming machine licences ......................... 5 Part 3 Licensing of repairers, service contractors, monitoring providers and machine managers 6 Installations, alterations etc. not subject to section 58 of the Act ................................................................................................... 5 6A Consideration of applications for licences under Part 4 ................... 5 6B Basic monitoring service .................................................................. 6 6C Prescribed conditions of monitoring provider's licences .................. 6 6D Licensed monitoring provider's fee .................................................. 6 6E Security for monitoring provider's licence ........................................ 7 7 Prescribed duties of machine managers ......................................... 7 Part 4 Supervision and management of gaming 8 Layout of licensed premises ............................................................ 8 9 Installation of gaming equipment ..................................................... 8 9A Site controllers ................................................................................. 8 10 Hours of gaming .............................................................................. 9 12 Calculation of player entitlement...................................................... 9 12A Returns to players ........................................................................... 9 13 Machine managers to produce licence or identification, &c. .......... 10 4 Submissions in relation to payments refused ................................ 11 15 Security of keys ............................................................................. 11

Gaming Machine Regulations 1995 ii 16 Day prescribed (section 101(2) of the Act) .................................... 13 17 Services for compulsive gamblers ................................................. 13 Part 5 Control of gaming machines 18 Approval of premises of manufacturers ......................................... 13 18A Evaluating gaming machine types ................................................. 14 19 Allocation of serial numbers........................................................... 14 20 Affixing of labels ............................................................................ 14 21 Game board labels ........................................................................ 15 22 Accounting for broken and removed seals .................................... 15 23 Restricted components .................................................................. 15 24 Code numbers for approved gaming equipment types and games ............................................................................................ 16 24A Disposal of gaming machines ........................................................ 16 Part 6 Accounting procedures 25 Functions to be carried out with monthly money reconciliations .... 16 26 Daily money clearances ................................................................ 17 27 Manual Payments Register and hopper fills .................................. 18 28 Gaming Machine Performance Record ......................................... 19 29 Alterations or obliterations to records ............................................ 21 30 Installation, removal and alteration of gaming machines ............... 22 31 Monthly Gaming Machine Reconciliation Report ........................... 22 Part 7 Taxes, levies, fees and other amounts payable to Director 31A Levies ............................................................................................ 23 31B Exception – levy if application made before 1 July 2016 ............... 23 32 Day prescribed (sections 149(2), 150(2), 152(1), 153(1) and (2) of the Act) ................................................................................. 24 32A Prescribed manner of payment (sections 149(2), 150(2) and 153(2) of the Act) .................................................................... 24 33 Gaming machine tax (section 149(3) of the Act)............................ 25 34 Gaming Machine Community Benefit Levy .................................... 25 35 Penalties for late payment of taxes and levies............................... 25 36 Crediting of payments under section 153(1)(b) of Act ................... 25 37 Fees .............................................................................................. 26 38 Refunds ......................................................................................... 26 38A Refunds of levies following determination of application ............... 26 Part 8 General 39 Advertising ..................................................................................... 27

Gaming Machine Regulations 1995 iii Schedule 1 Gaming machine licence Schedule 2 Applications for licences under Part 4 Schedule 3 Monitoring provider's licence Schedule 4 Restricted components Schedule 5 Fees Schedule 6 Basic monitoring service ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 14 June 2023

GAMING MACHINE REGULATIONS 1995 Regulations under the Gaming Machine Act 1995 Part 1 Preliminary 1 Citation These Regulations may be cited as the Gaming Machine Regulations 1995. 2 Interpretation (1) In these Regulations, unless the contrary intention appears: advertise means advertising about: (a) gaming; (b) the conduct of gaming; or (c) the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance or repair of gaming equipment. cancelled credit means a payment, by a licensee to a player for gaming machine credits, that is not discharged out of the hopper. game board means a processor board on which a game EPROM is installed. game EPROM means any Erasable Programmable Read Only Memory or Programmable Read Only Memory or other computer program storage medium that is: (a) designed to be, or capable of being, installed on a processor board; and (b) programmed with programming for a game.

Part 1 Preliminary Gaming Machine Regulations 1995 2 hopper means the container in a gaming machine from which gaming tokens may be discharged in order to pay for gaming machine credits or winnings. hopper fill means the placing by a licensee of gaming tokens into a hopper. jackpot payout means a payment by a licensee to a player for a winning result on a gaming machine: (a) that does not increase the credit meter of the gaming machine; and (b) that is not discharged out of the hopper. machine identification number means the identification number issued for a gaming machine under section 135(1) of the Act. manufacturer means a recognised manufacturer or supplier of gaming machines. monthly money reconciliation means a money reconciliation mentioned in section 141 of the Act. performance summary, in relation to a period covered by a Gaming Machine Performance Record, means a summary of the following expressed in monetary amounts: (a) the hopper contents at the end of the period; (b) the total of gaming tokens removed during money clearances for the period; (c) the total of short pay correction payouts during the period; (d) the total of hopper fills during the period; (e) the total of jackpot payouts during the period; (f) the total of cancelled credits during the period; (g) the hopper contents at the start of the period; (h) the amount calculated by subtracting from the total of the amounts mentioned in paragraphs (a) and (b), the total of the amounts mentioned in paragraphs (c), (d), (e), (f) and (g). player means a person who plays a gaming machine. processor board means an electronic circuit board that is designed to be, or is capable of being, used in a gaming machine.

Part 2 Gaming machine licences Gaming Machine Regulations 1995 3 RAM means Random Access Memory. short pay correction payout means a payment (other than from the hopper) by a licensee to a player of an amount to which the player is entitled if the hopper fails to discharge that amount. (2) Licensed premises are categorised as follows: (a) Category 1: (i) those premises for which a hotel liquor licence is in force at any particular time; or (ii) those premises for which a liquor licence that is a prescribed liquor licence for section 24(1)(c) of the Act is in force at any particular time; (b) Category 2 – those premises for which a club liquor licence is in force at any particular time. Part 1A Restriction on gaming machine numbers 2AA Restriction of gaming machine numbers For section 22B of the Act, the aggregate number of gaming machines authorised for use under gaming machine licences in the Territory is restricted to a maximum of 1 659. Part 2 Gaming machine licences 2A Prescribed liquor licence (1) For section 24(1)(c), (d)(iii) and (e)(ii) of the Act, a liquor licence specified in column 1 of the Table and held in respect of premises specified opposite in column 2 of the Table, is a prescribed liquor licence.

Part 2 Gaming machine licences Gaming Machine Regulations 1995 4 (2) However, a liquor licence referred to in subregulation (1) ceases to be a prescribed liquor licence on 1 December 2011. Table Column 1 Liquor Licence (number) Column 2 Premises in respect of which liquor licence held 81204578 Aileron Roadhouse 81203263 Barkly Homestead 81202764 Threeways Roadhouse 81301156 Adelaide River Inn 81201510 Mandorah Beach Hotel 81301673 Pine Creek Hotel 81201198 Timber Creek Wayside Inn 3 Maximum number of gaming machines For the purposes of sections 25(14) and 41(5) of the Act, the maximum number prescribed: (a) for Category 1 licensed premises is 20; and (b) for Category 2 licensed premises is 55. 3A Cap on clubs with gaming machines within 1.5 km of Darwin Casino (1) Subject to subregulation (2), the Director must not grant a gaming machine licence to a club if the effect of the grant would be to increase the number of clubs within the prescribed area that hold gaming machine licences beyond the number of clubs within that area that immediately before the commencement of this regulation held gaming machine licences. (2) For each 5% of 5845 by which the population of the prescribed area increases, the Director may grant a gaming machine licence to one additional club in the prescribed area.

Part 3 Licensing of repairers, service contractors, monitoring providers and machine managers Gaming Machine Regulations 1995 5 (3) In this regulation: the prescribed area means the area within a 1.5 km radius of Lot 5244, Town of Darwin. 4 Prescribed conditions of gaming machine licences For the purposes of section 33 of the Act, the prescribed conditions are set out in Schedule 1. Part 3 Licensing of repairers, service contractors, monitoring providers and machine managers 6 Installations, alterations etc. not subject to section 58 of the Act For the purposes of section 58(2) of the Act, the following are prescribed: (a) the installation of an electronic monitoring system if the installation is by the Director; (b) the installation of a gaming machine if the gaming machine is to be examined by an inspector before play is allowed on the gaming machine; (c) installation, alteration, adjustment, maintenance or repair of those fuses, electric light globes, fluorescent tubes and fluoro starters of a gaming machine that are easily accessible; (d) installation, alteration, adjustment, maintenance or repair of hinges of gaming machine drop box doors; (e) adjustment of the device regulating the level of the contents of the hopper; (f) installation, alteration, adjustment, maintenance or repair of external switch covers or glass or perspex panels of a gaming machine; (g) repair by clearing coins jammed in a gaming machine; (h) repair by resetting minor fault conditions of a gaming machine. 6A Consideration of applications for licences under Part 4 For the purposes of section 64(1A) of the Act, the matters set out in Schedule 2 are prescribed.

Part 3 Licensing of repairers, service contractors, monitoring providers and machine managers Gaming Machine Regulations 1995 6 6B Basic monitoring service A basic monitoring service is the reading, storage and use of electronic data from gaming machines on licensed premises to provide the information, services and support specified in Schedule 6 in relation to the gaming machines. 6C Prescribed conditions of monitoring provider's licences For the purposes of section 69 of the Act, the prescribed conditions of a monitoring provider's licence are set out in Schedule 3. 6D Licensed monitoring provider's fee (1) Subject to subregulation (2), the maximum fee per gaming machine that may be charged by a licensed monitoring provider is $25. (2) The amount prescribed by subregulation (1) is to be varied each year with effect on and from the review date in accordance with the following calculation: 2 1 CPI CPI B × where: B is the amount prescribed by this regulation immediately before the review date; 1CPI is the Consumer Price Index (All Groups Index) for Darwin for the quarter ending on 30 September that is 3 months before the review date; and 2CPI is the Consumer Price Index (All Groups Index) for Darwin for the quarter ending on 30 September that is 15 months before the review date. (3) An amount prescribed under this regulation does not include the amount of GST (if any) payable in relation to a supply to which the amount relates. (4) In this regulation: GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act of the Commonwealth. review date means 1 January in each year, beginning with 1 January 2003.

Part 3 Licensing of repairers, service contractors, monitoring providers and machine managers Gaming Machine Regulations 1995 7 supply has the same meaning as in the A New Tax System (Goods and Services Tax) Act of the Commonwealth. 6E Security for monitoring provider's licence (1) On the grant of a monitoring provider's licence, the successful applicant must provide to the Director a security of $50 000 in the form of a bond, bank guarantee or any other form of security approved by the Director. (2) The amount of the security is forfeited to the Territory if: (a) the licensed monitoring provider defaults under an agreement to provide a basic monitoring service in respect of gaming equipment on a licensee's licensed premises; (b) the licensed monitoring provider surrenders the monitoring provider's licence without giving the Director 90 days notice of the surrender under section 78(3) of the Act; or (c) the monitoring provider's licence is cancelled under section 79 of the Act. (3) The Director may use all or any part of a bond forfeited under subregulation (2) to offset the cost of providing, or arranging the provision of, a basic monitoring service in place of the service that should or would have been provided but for the default, surrender or cancellation. 7 Prescribed duties of machine managers For the purposes of section 60(1) of the Act, the following duties are prescribed: (a) the management of employees of a licensee who are responsible for the conduct of gaming; (b) the management of the access to the internal parts of gaming machines; (c) the management and supervision of money clearances; (d) the issuing of keys for the security of gaming machines to employees of a licensee; (e) the supervision of entries in accounting records required to be kept and maintained under the Act; (f) the arranging of remedial repairs to gaming equipment;

Part 4 Supervision and management of gaming Gaming Machine Regulations 1995 8 (g) any other thing required by Part 6 to be done, or that a licensee is required by Part 6 to ensure is done, by a machine manager. Part 4 Supervision and management of gaming 8 Layout of licensed premises A licensee shall ensure that the layout of the interior of the licensee's licensed premises allows: (a) the licensee, or an employee of the licensee, from a place in the licensed premises where the licensee or employee would normally be carrying out duties at the material time, to have continuous supervision of each gaming machine that is available for gaming; and (b) a clear passageway between banks of gaming machines of at least 2 metres unless the Director, under section 161 of the Act, directs that a greater distance be allowed. Maximum penalty: 40 penalty units. 9 Installation of gaming equipment A licensee shall ensure that gaming equipment installed on the licensee's licensed premises is installed in a way that allows: (a) proper cleaning and maintenance of the equipment; (b) unrestricted access to fire exits; and (c) the proper use of safety and security features on the premises. Maximum penalty: 40 penalty units. 9A Site controllers (1) For the purposes of section 83 of the Act, the site controller for the monitoring system installed on a licensee's licensed premises is prescribed gaming equipment. (2) A person must not install, replace or otherwise interfere with the site controller for the monitoring system installed on a licensee's licensed premises. Maximum penalty: 50 penalty units.

Part 4 Supervision and management of gaming Gaming Machine Regulations 1995 9 (3) Subregulation (2) does not apply to the licensed monitoring provider who provides a basic monitoring service in respect of gaming equipment on the licensee's licensed premises. (4) A licensee does not commit an offence against subregulation (2) if the licensee installs or replaces the site controller in accordance with the instructions of the licensed monitoring provider who provides a basic monitoring service in respect of gaming equipment on the licensee's licensed premises. 10 Hours of gaming For the purposes of section 88(c) of the Act, the following periods are prescribed: (a) on Christmas Day and Good Friday – after 4.00 am; (b) on any other day – between 4.00 am and 10.00 am. 12 Calculation of player entitlement (1) For the purposes of section 95 of the Act, but subject to subregulation (2), the amount to which a person is entitled for gaming tokens inserted by, or on behalf of, the person into a gaming machine (so that gaming machine credits are registered by the gaming machine), is to be calculated by: (a) adding to the gaming machine credits – winnings (if any) payable for each result as determined in accordance with the game as approved by the Director for bets made by, or on behalf of, the person on the gaming machine; and (b) deducting – gaming machine credits bet by, or on behalf of, the person on the gaming machine. (2) An entitlement under subregulation (1) includes gaming machine credits that are stolen before the licensee makes payment for the gaming machine credits only when: (a) the person exercises reasonable control over the credits; and (b) the licensee, by act or omission, contributes to the stealing. 12A Returns to players (1) For the purposes of section 95(2) of the Act, the prescribed minimum percentage for a gaming machine is 85% of the total amount of bets made by players each year on the gaming machine.

Part 4 Supervision and management of gaming Gaming Machine Regulations 1995 10 (2) A licensee may cause the rate of return to players from a particular gaming machine to be varied within the range approved by the Director. (3) A licensee must not cause the rate of return to players from a particular gaming machine: (a) to be varied so that it falls outside the range referred to in subregulation (2); or (b) to be varied more than once in any 30-day period. Maximum penalty: 50 penalty units. 13 Machine managers to produce licence or identification, &c. (1) A machine manager shall produce his or her machine manager's licence that is in force, or his or her identification card provided under subregulation (2), to a person: (a) who is affected by a decision of the machine manager; and (b) who requests the production. Maximum penalty: 40 penalty units. (2) A licensee shall provide to a person authorised by the licensee under section 60(4) or (6) of the Act an identification card showing in bold face print of a minimum letter height of 5 millimetres: (a) the person's name; (b) the name of the licensed premises; and (c) the words "Machine Manager". Maximum penalty: 40 penalty units. (3) The identification card shall bear the signature of the person. Maximum penalty: 40 penalty units. (4) A person to whom an identification card is provided under subregulation (2) shall return the card to the licensee on the day the person ceases to be authorised by the licensee under section 60(4) or (6) of the Act. Maximum penalty: 40 penalty units.

Part 4 Supervision and management of gaming Gaming Machine Regulations 1995 11 4 Submissions in relation to payments refused (1) A machine manager who refuses to make or allow payment under section 96 of the Act or clause 5 of Schedule 3 to a person shall advise the person that he or she may make a submission to the Director about the refusal within 10 days from the date of the refusal. (2) A submission mentioned in subregulation (1) shall: (a) be in writing; (b) state the full name and address of the person making the submission; (c) identify the licensed premises and gaming machine in question; (d) state the name of the machine manager who refused to make payment or allow payment to be made; (e) state the time and date of the refusal; and (f) contain a description of the events relevant to the refusal. (3) The Director may refuse to consider a submission mentioned in subregulation (2) that is not lodged within 10 days from the date of the refusal. 15 Security of keys (1) A licensee shall cause each key that is a key related to the security of gaming equipment on the licensee's licensed premises to be kept in a secure place on the licensed premises. Maximum penalty: 40 penalty units. (2) The licensee shall ensure that no person gains access to the secure place other than: (a) the licensee or, where the licensee is a body corporate, 2 executive officers of the body corporate authorised in that behalf by the body corporate and acting jointly; or (b) a machine manager in relation to the licensed premises. Maximum penalty: 40 penalty units.

Part 4 Supervision and management of gaming Gaming Machine Regulations 1995 12 (3) A licensee shall ensure that no person has possession of a key mentioned in subregulation (1) other than: (a) a person mentioned in subregulation (2); (b) an employee of the licensee who is employed to attend to gaming machines; (c) an employee of the licensee who is employed to assist in money clearances; (d) a licensed repairer acting in that capacity; or (e) an inspector in the performance of his or her functions or duties under the Act. Maximum penalty: 40 penalty units. (4) A licensee shall keep records of each possession mentioned in subregulation (3) in the form determined by the Director. Maximum penalty: 40 penalty units. (5) A person mentioned in subregulation (2)(b) or (3)(b), (c) or (d) shall have possession of a key mentioned in subregulation (1) only: (a) on the licensed premises; and (b) for the time necessary for the performance of his or her duties. Maximum penalty: 40 penalty units. (6) A person who has possession of a key mentioned in subregulation (1) shall keep the key on his or her person. Maximum penalty: 40 penalty units. (7) A person who unlocks a door or opens a door of a gaming machine on licensed premises, shall cause the lock to be locked or, as the case may be, the door to be securely closed: (a) before leaving the gaming machine; and (b) on completion of the purpose for which the lock was unlocked or the door was opened. Maximum penalty: 40 penalty units.

Part 5 Control of gaming machines Gaming Machine Regulations 1995 13 (8) A person, other than a person mentioned in subregulation (3), shall not have possession of a key mentioned in subregulation (1). Maximum penalty: 40 penalty units. (9) Subject to section 162 of the Act, a record required to be kept under this section shall be retained by the licensee for not less than 7 years from the date of the latest entry in the record. Maximum penalty: 40 penalty units. 16 Day prescribed (section 101(2) of the Act) For the purposes of section 101(2) of the Act, the prescribed day is the fifteenth day. 17 Services for compulsive gamblers A licensee, at each place on the licensee's licensed premises where the sale or redemption of gaming tokens or any centralised credit transaction is carried out, shall clearly display a sign advertising services, if any, available to assist compulsive gamblers. Maximum penalty: 40 penalty units. Part 5 Control of gaming machines 18 Approval of premises of manufacturers (1) For the purposes of section 121(2) of the Act, an application for approval of premises shall: (a) be written and signed by the manufacturer or a person authorised by the manufacturer; and (b) contain the full name and business address of the manufacturer and the address of the premises. (2) An application under subregulation (1) shall be accompanied by: (a) a plan that clearly shows the use to which each part of the premises is to be put; (b) particulars of all security and surveillance facilities installed on the premises; and

Part 5 Control of gaming machines Gaming Machine Regulations 1995 14 (c) a narrative and diagrammatic representation of the systems to be used by the manufacturer: (i) for the security, storage and recording of gaming machines and restricted components, with specific reference to game boards and game EPROMs; and (ii) for the use and maintenance of security and surveillance facilities on the premises. 18A Evaluating gaming machine types When evaluating a type of gaming machine under section 131 of the Act, in addition to any other relevant matters, the Director or an approved evaluator must take into account whether or not the gaming machine type has a facility to accept notes that is functioning. 19 Allocation of serial numbers A manufacturer must ensure that each gaming machine supplied by the manufacturer for use in the Territory has permanently affixed to the machine a serial number that identifies the gaming machine and distinguishes it from all other gaming machines. Maximum penalty: 50 penalty units. 20 Affixing of labels (1) A person must not affix a label referred to in section 135 of the Act to a gaming machine unless the person is: (a) a licensed service contractor; or (b) a person approved by the Director. Maximum penalty: 50 penalty units. (2) A person who affixes a label referred to in section 135 of the Act to a gaming machine must, as soon as practicable after affixing the label, notify the Director in writing of: (a) the identification number on the label; (b) the serial number of the gaming machine; (c) the type of the gaming machine; and (d) the manufacturer of the gaming machine. Maximum penalty: 50 penalty units.

Part 5 Control of gaming machines Gaming Machine Regulations 1995 15 (3) Labels referred to in section 135 of the Act that are issued by the Director for gaming machines on a particular licensee's licensed premises are not to be affixed to gaming machines on any other licensee's licensed premises without the approval of the Director. (4) A person who affixes a label referred to in section 135 of the Act to a gaming machine in contravention of subregulation (3) commits an offence. Maximum penalty: 50 penalty units. 21 Game board labels A listed person shall, at the time the person installs a game EPROM on a game board, affix to the game board a label that clearly displays in the English language: (a) the gaming machine type for which the game board is designed or the code number of the gaming machine type allocated under regulation 24; and (b) the game for which the game EPROM is programmed or the code number of the game allocated under regulation 24. Maximum penalty: 40 penalty units. 22 Accounting for broken and removed seals A person who breaks or removes a seal affixed to a gaming machine: (a) must keep the broken or removed seal until the seal is accounted for under paragraph (b); and (b) must account for the broken or removed seal, or cause the broken or removed seal to be accounted for, to the Director within 7 days after the end of the month in which the person broke or removed the seal. Maximum penalty: 50 penalty units. 23 Restricted components For the purposes of the definition of restricted component in section 3 of the Act, the components set out in Schedule 4 are restricted components.

Part 6 Accounting procedures Gaming Machine Regulations 1995 16 24 Code numbers for approved gaming equipment types and games The Director may allocate a code number to each gaming equipment type and each game approved by the Director under section 130(1)(b) and (c) or 131(2) of the Act. 24A Disposal of gaming machines (1) A licensee must not dispose of a gaming machine without the approval of the Director. Maximum penalty: 50 penalty units. (2) An application for approval to dispose of a gaming machine is to be in the form approved by the Director and is to include the following: (a) details of the arrangements for disposal, including details of the person to whom the gaming machine is to be transferred or details of how the gaming machine is to be destroyed; (b) a statement as to whether or not the gaming machine is the subject of a finance arrangement; (c) the identification number on the label affixed to the gaming machine; (d) the serial number of the gaming machine; (e) any other information required by the Director. Part 6 Accounting procedures 25 Functions to be carried out with monthly money reconciliations In carrying out a monthly money reconciliation in accordance with section 141 of the Act, a licensee shall: (a) ensure that no gaming machine credits are registered by the gaming machine; (b) ensure that no gaming tokens remain in the gaming machine, other than those gaming tokens that are in the hopper; (c) ensure that a record of the monetary value of the contents of the hopper is made in the Gaming Machine Performance Record mentioned in regulation 28; and

Part 6 Accounting procedures Gaming Machine Regulations 1995 17 (d) ensure a record is made in the Gaming Machine Performance Record mentioned in regulation 28 of the amounts displayed on the following electronic RAM meters of the gaming machine: (i) the total of all coins to the drop box; (ii) the total of coins won (non-progressive); (iii) the total of all cancelled credits; (iv) the total of all coins bet; (v) the total of all hopper fills; and (vi) if an appropriate meter is provided by the gaming machine – the total of wins (progressive). 26 Daily money clearances (1) A licensee shall ensure that a daily money clearance is carried out, or is personally supervised, by a machine manager. (2) A licensee shall keep, for each of the licensee's licensed premises, a Cash Clearance Report in the form determined by the Director. (3) A licensee shall ensure that a Cash Clearance Report: (a) identifies, by name and licence number, the licensee and licensed premises to which it applies; (b) records for each money clearance: (i) the date and time; (ii) the machine identification number; (iii) the licensee's identification number of the gaming machine; and (iv) the amount removed; and (c) records for each day: (i) the total amount removed during money clearances; and (ii) the signature of every person who carried out, or supervised, money clearances certifying that the records made under this section are correct.

Part 6 Accounting procedures Gaming Machine Regulations 1995 18 27 Manual Payments Register and hopper fills (1) A licensee must keep a Manual Payments Register for each of the licensee's licensed premises in the form determined by the Director. (2) A licensee must ensure that a Manual Payments Register: (a) identifies, by name and licence number, the licensee and licensed premises to which it applies; and (b) records for each short pay correction payout, hopper fill, jackpot payout and cancelled credit made on the premises, the following particulars: (i) the date and time; (ii) the machine identification number; (iii) the licensee's identification number of the gaming machine; (iv) if it is a short pay correction payout, hopper fill, jackpot payout or cancelled credit; (v) if it is a jackpot payout – the winning combination of symbols; (vi) it is a cancelled credit – the number of gaming machine credits displayed on the credit meter; (vii) the amount; (viii) if it is a short pay correction payout, jackpot payout or cancelled credit, made for Category 1 licensed premises – the name and signature of the person to whom the payment was made; (ix) if it is a short pay correction payout, jackpot payout or cancelled credit, made for Category 2 licensed premises: (A) the name and signature of the person to whom the payment was made; and (B) whether the person is a member or visitor; and (C) if the person is a member – the person's membership number; (x) the name and signature (and licence number if applicable) of the person who made the payout or fill;

Part 6 Accounting procedures Gaming Machine Regulations 1995 19 (xi) the name (and licence number, if applicable) of one other person, authorised in that behalf by the licensee, who, and the person's signature certifying that he or she, observed: (A) if it is a cancelled credit – the number of gaming machine credits displayed on the credit meter; or (B) if it is a jackpot payout – the winning combination of symbols; or (C) if it is a hopper fill – the hopper fill take place; and (c) records after each transaction, a progressive monetary total of transactions entered in the register for each day. (3) A licensee must ensure that: (a) a hopper fill is carried out only when a hopper is empty; and (b) when a hopper fill is carried out no more and no less than the number of tokens determined by the Director, are placed in the hopper; and (c) the gaming tokens are of the gaming token denomination of the gaming machine in question. (4) A licensee must ensure that: (a) at the end of the conduct of gaming for each day – immediately below the latest entry in the Manual Payments Register in use that day a notation is made that indicates the entry is the last for the day; and (b) for a payment over $2 500 – either the person mentioned in subregulation (2)(b)(x) or the person mentioned in subregulation (2)(b)(xi) is a machine manager in relation to the licensee's licensed premises. 28 Gaming Machine Performance Record (1) A licensee shall keep in the form determined by the Director a Gaming Machine Performance Record for each gaming machine provided to the licensee. Maximum penalty: 40 penalty units.

Part 6 Accounting procedures Gaming Machine Regulations 1995 20 (2) A licensee shall ensure that the period covered by a Gaming Machine Performance Record: (a) starts on the day and at the time: (i) the gaming machine is provided to the licensee; (ii) of the completion of an alteration of the gaming machine to effect a change in the game or gaming token denomination of the gaming machine; or (iii) of the completion of a monthly money clearance of the gaming machine; and (b) ends on the day and at the time: (i) of the removal of the gaming machine by the Director; (ii) of the completion of an alteration of the gaming machine to effect a change in the game or gaming token denomination of the gaming machine; or (iii) of the completion of the next monthly money clearance of the gaming machine after any act mentioned in paragraph (a). Maximum penalty: 40 penalty units. (3) A licensee shall ensure that each Gaming Machine Performance Record: (a) identifies, by name and licence number, the licensee and licensed premises to which it applies; (b) includes a record of: (i) the licensee's identification number of the gaming machine; (ii) the machine identification number; (iii) the manufacturer's serial number allocated to the gaming machine under regulation 19; (iv) the gaming token denomination; (v) the game; (vi) the day and time of the start of the period covered by the record;

Part 6 Accounting procedures Gaming Machine Regulations 1995 21 (vii) the day and time of the end of the period covered by the record; (viii) for each day the following, expressed in monetary amounts: (A) the total of gaming tokens removed during money clearances; (B) the total of short pay correction payouts; (C) the total of hopper fills; (D) the total of jackpot payouts; (E) the total of cancelled credits; (ix) the money value of the contents of a hopper determined in accordance with regulation 25(c); (x) meter readings taken for the purpose of regulations 25(d) and 30(2); and (xi) the performance summary; and (c) is entered up daily. Maximum penalty: 40 penalty units. 29 Alterations or obliterations to records (1) Subject to subregulation (2), a person shall not alter or obliterate an entry in a Manual Payments Register, Cash Clearance Report or Gaming Machine Performance Record. Maximum penalty: 40 penalty units. (2) A person may make an alteration to an entry mentioned in subregulation (1) to correct an error in the entry. (3) The correction shall be made by means of a marginal note or footnote, on the same page, which correction shall record: (a) the identity of the person who made the correction; (b) the date of the correction; and (c) the correct particulars.

Part 6 Accounting procedures Gaming Machine Regulations 1995 22 30 Installation, removal and alteration of gaming machines (1) A licensee shall ensure that a money clearance is carried out on a gaming machine provided to the licensee immediately before: (a) an alteration of the gaming machine to effect a change in the game or gaming token denomination of the gaming machine; (b) the gaming machine is stored in a room mentioned in section 83(2) of the Act; or (c) the removal of the gaming machine from the licensee's licensed premises. Maximum penalty: 40 penalty units. (2) A licensee shall ensure that on: (a) the installation of a gaming machine; or (b) the alteration of a gaming machine provided to the licensee to effect a change in the game or gaming token denomination of the gaming machine, a record is made in the Gaming Machine Performance Record of the amounts displayed on the meters mentioned in regulation 25(d). Maximum penalty: 40 penalty units. 31 Monthly Gaming Machine Reconciliation Report (1) A licensee shall ensure that a Monthly Gaming Machine Reconciliation Report: (a) identifies, by name and licence number, the licensee and licensed premises to which it applies; and (b) records the information mentioned in subregulations (2), (3) and (4). (2) The Monthly Gaming Machine Reconciliation Report is to record information from each Gaming Machine Performance Record for the licensed premises in question that covers any period between the second last and last monthly money clearance for the licensed premises. (3) The information that is to be recorded in the report is: (a) the day and time of the start of the period covered by the record;

Part 7 Taxes, levies, fees and other amounts payable to Director Gaming Machine Regulations 1995 23 (b) the day and time of the end of the period covered by the record; (c) the licensee's identification number of the gaming machine; (d) the machine identification number of the gaming machine; and (e) the performance summary. (4) If the report records an item mentioned in paragraphs (a) to (h) of the definition of "performance summary" under regulation 2(1), it shall also record the total of all the monetary amounts of the item recorded in the report. Part 7 Taxes, levies, fees and other amounts payable to Director 31A Levies For sections 24(3)(q)(ii) and 41(2)(f)(ii) of the Act, the levy for each gaming machine is: (a) if the premises to which the application relates are Category 1 licensed premises – 45 045 revenue units; and (b) if the premises to which the application relates are Category 2 licensed premises – 9 010 revenue units. 31B Exception – levy if application made before 1 July 2016 (1) Despite regulation 31A, this regulation applies in relation to an application made under section 24(1) or 41(1) of the Act before 1 July 2016. (2) For sections 24(3)(q)(ii) and 41(2)(f)(ii) of the Act, the levy is nil if the total number of gaming machines that would be authorised for use under the applicant's licence if the application were granted would not exceed the pre-July 2015 maximum number. (3) However, if the total number of gaming machines that would be authorised for use under the applicant's licence if the application were granted would exceed the pre-July 2015 maximum number, the levy is: (a) for each gaming machine that does not form part of the excess number of machines – nil; and

Part 7 Taxes, levies, fees and other amounts payable to Director Gaming Machine Regulations 1995 24 (b) for each gaming machine for which authorisation for use under the applicant's licence is sought in the application and that forms part of the excess number of machines: (i) if the application relates to Category 1 licensed premises – 45 045 revenue units; or (ii) if the application relates to Category 2 licensed premises – 9 010 revenue units. (4) Subregulation (3) applies even if, when the application is made, the total number of gaming machines authorised for use under the applicant's licence exceeds the pre-July 2015 maximum number. (5) In this regulation: excess number of machines, in relation to an application, means the number of gaming machines obtained when the pre-July 2015 maximum number of gaming machines is subtracted from the total number of gaming machines that would be authorised for use under the applicant's licence if the application were granted. pre-July 2015 maximum number means: (a) for Category 1 licensed premises – 10; or (b) for Category 2 licensed premises – 45. 32 Day prescribed (sections 149(2), 150(2), 152(1), 153(1) and (2) of the Act) For the purposes of sections 149(2), 150(2), 152(1), 153(1) and (2) of the Act, the prescribed day is the fifteenth day. 32A Prescribed manner of payment (sections 149(2), 150(2) and 153(2) of the Act) For the purposes of sections 149(2), 150(2) and 153(2) of the Act, the manner in which amounts payable under those sections are to be paid to the Director is as follows: (a) the licensee must pay the amounts into an account held by the licensee for that purpose; (b) the licensee or, if the licensee enters an arrangement with a licensed monitoring provider for the licensed monitoring provider to pay the amounts on behalf of the licensee, the licensed monitoring provider must remit the amounts to the Director by electronic funds transfer from the account referred to in paragraph (a);

Part 7 Taxes, levies, fees and other amounts payable to Director Gaming Machine Regulations 1995 25 (c) amounts payable under sections 149(2), 150(2) and 153(2) of the Act are to be transferred out of the account referred to in paragraph (a) in priority to any other amounts and no other amounts are to be transferred out of the account unless and until all amounts payable under sections 149(2), 150(2) and 153(2) of the Act have been transferred out of the account. 33 Gaming machine tax (section 149(3) of the Act) For section 149(3) of the Act, a component of the gross monthly profit of Category 1 or Category 2 licensed premises is liable to tax, for the month of April 2020 and each month after that month, at the rate specified in the following table: Component of Gross Monthly Profit Rate Not more than $10 000 12.91% $10 001 to $100 000 22.91% $100 001 to $200 000 32.91% $200 001 and above 42.91% Example for regulation 33 If the gross monthly profit is $250 000, the first $10 000 will be taxed at 12.91%, the next $90 000 will be taxed at 22.91%, the next $100 000 will be taxed at 32.91% and the remaining $50 000 will be taxed at 42.91%. 34 Gaming Machine Community Benefit Levy For the purposes of section 150(3) of the Act, the prescribed percentage is: (a) for Category 1 licensed premises – 10%; and (b) for Category 2 licensed premises – nil. 35 Penalties for late payment of taxes and levies For the purposes of section 153(1)(a) of the Act, the prescribed percentage is 5%. 36 Crediting of payments under section 153(1)(b) of Act For the purposes of section 153(1)(b) of the Act, the amount is to be credited in the following order of priority: (a) firstly – gaming machine taxes; (b) secondly – gaming machine community benefit levies;

Part 7 Taxes, levies, fees and other amounts payable to Director Gaming Machine Regulations 1995 26 (c) thirdly – penalties under section 153(1)(a) of the Act. 37 Fees (1) The fee set out in Schedule 5 is the prescribed fee to be paid for the item set out in the Schedule opposite the fee. (2) The fee for accepting a gaming machine type or game for evaluation under section 131 of the Act is: (a) if the evaluation is to be conducted by the Director – 170 revenue units multiplied by the number of hours required to make the evaluation; or (b) if the evaluation is to be conducted by an approved evaluator – 115 revenue units. 38 Refunds (1) A written claim for refund of a fee, tax, levy, penalty or other amount payable to the Director under the Act or these Regulations (other than a refund under regulation 38A) may be given to the Director stating the amount and grounds of the claim. (2) The Director shall, within 90 days after receipt of the claim, allow or disallow the claim, in whole or in part. (3) If the claim is disallowed in whole or in part, the Director shall give written notice to the claimant stating the reasons for the disallowance. 38A Refunds of levies following determination of application (1) This regulation applies if: (a) an application made under section 24 or 41 of the Act is refused; or (b) an application for a gaming machine licence made under section 24 of the Act is granted but the number of gaming machines authorised for use under the licence is to be less than the number requested in the application; or (c) an application made under section 41 of the Act to increase the number of gaming machines authorised for use under a gaming machine licence is granted, but the increased number of gaming machines is less than the number requested in the application.

Part 8 General Gaming Machine Regulations 1995 27 (2) Within 7 days of a final decision on an application, the Director must refund: (a) if the final decision is a refusal of the application – all levies paid under section 24 or 41 of the Act in relation to the application; or (b) if the final decision is a grant of the application – the levy paid under section 24 or 41 of the Act for each gaming machine, or additional gaming machine, for which the authorisation for use under the licence was requested in the application but that was not authorised for use. (3) A decision becomes final: (a) if the applicant commences a review, or an appeal from a review, of a decision – on the day on which the review or appeal has been decided; or (b) otherwise – when the applicant no longer has a right to apply for a review or appeal of the decision. Part 8 General 39 Advertising (1) A person who advertises shall ensure that an advertisement: (a) is not indecent or offensive; (b) is based on fact; and (c) is not false, deceptive or misleading. Maximum penalty: 40 penalty units. (1A) Subject to this regulation, a person who advertises shall ensure that the advertisement does not contain an inducement to engage in gaming or any material, determined by the Director, to be an inducement to engage in gaming. Maximum penalty: 40 penalty units. (2) If so directed in writing by the Director, a person shall: (a) cease advertising; or (b) amend the advertisement as directed by the Director. Maximum penalty: 40 penalty units.

Part 8 General Gaming Machine Regulations 1995 28 (3) The written direction mentioned in subregulation (2) is to include particulars of: (a) any failure to comply with subregulation (1) or (1A); and (b) the directions of the Director. (4) For the purposes of subregulation (1A), inducement to engage in gaming includes an offer of transport to licensed premises, whether or not a charge applies, an offer of free or concessional rates for accommodation, meals, refreshments, liquor or other amenities to a person who plays a gaming machine, an offer of gaming tokens to play a gaming machine and an offer of jackpots or other prizes or gifts that are not available to a person in the normal course of playing a gaming machine. (5) Subregulation (1A) does not apply to an advertisement that: (a) is located on licensed premises and only able to be seen by a person in or on those premises; (b) is distributed only to the members of a club and relates only to gaming on the licensed premises of the club; or (c) relates to gaming in a casino, within the meaning of the Gaming Control Act 1993. (6) For the purposes of subregulation (1A), the Director may, from time to time, determine material that the Director considers to be an inducement to engage in gaming.

Schedule 1 Gaming machine licence Gaming Machine Regulations 1995 29 Schedule 1 Gaming machine licence regulation 4 Prescribed conditions

The licensee must take all reasonable steps to carry out the activities authorised under the gaming machine licence in a manner that is consistent with the objectives set out in section 2A of the Act and, as soon as practicable after becoming aware that the licensee is or may be carrying out such an activity in a manner that is inconsistent with those objectives, must take all reasonable steps to remedy the situation.
If the licensee is a club, the licensee must take all reasonable steps to give effect to its proposals for the allocation or distribution of the club's profits: (a) toward development of the club's neighbourhood; and (b) as donations to or funding for community, recreation or service organisations operating in the club's neighbourhood.
The licensee must take all reasonable steps to comply with the Act, these Regulations and the conditions of the gaming machine licence and, as soon as practicable after becoming aware that the licensee is or may not be complying with the Act, these Regulations or a condition of the gaming machine licence, must take all reasonable steps to remedy the situation.
The licensee must re-pay to the Director the full cost of investigating and correcting errors or omissions in a gaming machine reconciliation report lodged by the licensee under section 144 of the Act.
The licensee must take out insurance against all liability arising out of gaming, or the conduct of gaming, on the licensee's licensed premises that might attach to the licensee as a result of personal injury or damage suffered by a person, being injury or damage caused or contributed to by an act or omission of the licensee or an employee of the licensee.
The licensee must keep at the licensee's expense all records, accounts, reports and other documentation required to be kept by the licensee under the Act or these Regulations.
The licensee must not interfere with a connection between a gaming machine provided under the gaming machine licence and an electronic monitoring system.

Schedule 1 Gaming machine licence Gaming Machine Regulations 1995 30 8. The licensee must take all reasonable steps to ensure that all gaming machines authorised for use under the gaming machine licence: (a) are continuously provided with electricity; and (b) are switched on at all times, other than a gaming machine that is switched off because of a fault in the gaming machine. 9. The licensee must take all reasonable steps to minimise the down time of a gaming machine authorised for use under the gaming machine licence that is due to a fault in the gaming machine. 10. The licensee must provide a licensed repairer with access at all reasonable time to gaming equipment (including the equipment's internal components) so that the licensed repairer may carry out work under a service contract on behalf of a licensed service contractor. 11. In the event that a service contract or basic monitoring agreement to which the licensee is a party is terminated for any reason whatsoever, the licensee must make alternative arrangements for the immediate provision of the services that, but for the termination, would have been provided to the licensee under the contract or agreement. 12. The licensee must: (a) remit to the Director by electronic funds transfer from an account held by the licensee for that purpose; or (b) enter into an arrangement with a licensed monitoring provider for the licensed monitoring provider on behalf of the licensee to remit to the Director by electronic funds transfer from an account held by the licensee for that purpose, funds for the payment of all taxes, levies, penalties, fees and other amounts payable to the Director under Part 8 of the Act.

Schedule 2 Applications for licences under Part 4 Gaming Machine Regulations 1995 31 Schedule 2 Applications for licences under Part 4 regulation 6A Matters to be taken into account

Whether the applicant has, or the applicant's employees have, the appropriate qualifications, knowledge, skills and experience to competently carry out the activities that will be authorised under the licence.
Whether the applicant has in place appropriate programs to ensure that the competency of the applicant and the applicant's employees to carry out the activities that will be authorised under the licence is maintained.
Whether the applicant has in place an appropriate program to measure the performance of the applicant and the applicant's employees and whether the applicant and the applicant's employees are able to meet the response times and other criteria that measure performance under that program.
Whether the applicant has in place an appropriate audit program.
Whether the applicant has the equipment necessary to effectively carry out the activities that will be authorised under the licence.
Whether the applicant has the current and ongoing financial capacity to carry out the activities that will be authorised under the licence.
Whether the applicant has an appropriate level of management expertise.
The probity of the applicant, including whether the applicant will be able to carry out the activities that will be authorised under the licence in a manner that ensures the applicant's probity and the probity of the applicant's employees.

Schedule 3 Monitoring provider's licence Gaming Machine Regulations 1995 32 Schedule 3 Monitoring provider's licence regulation 6C Prescribed conditions

The licensed monitoring provider must not hold a gaming machine licence or an approval under section 116 of the Act as a recognised manufacturer or supplier of gaming machines.
The licensed monitoring provider must not charge a fee per gaming machine for the provision of a basic monitoring service greater than the maximum fee per gaming machine (if any) prescribed by these Regulations.
The licensed monitoring provider must give the Director a copy of every agreement to provide a basic monitoring service entered into with a licensee.
The licensed monitoring provider must keep books and other records of account in a form approved by the Director.
The licensed monitoring provider must not modify a monitoring system in respect of which the licensed monitoring provider provides a basic monitoring service without the prior approval of the Director.
The licensed monitoring provider must conduct its activities in a manner that ensures its probity and the probity of its employees.
The licensed monitoring provider must provide a basic monitoring service to a standard that at least meets the requirements of the Australian/New Zealand Gaming Machine National Standards.
If the licensed monitoring provider defaults under an agreement to provide a basic monitoring service in respect of gaming equipment on a licensee's licensed premises, the licensed monitoring provider must: (a) make available for use by the Director free-of-charge any equipment on the licensee's licensed premises that is owned by the licensed monitoring provider and is connected with the monitoring system in respect of which the basic monitoring service should have been provided; and (b) must permit the Director access to all data collected by the licensed monitoring provider through the monitoring system.

Schedule 4 Restricted components Gaming Machine Regulations 1995 33 Schedule 4 Restricted components regulation 23 Gaming machine cabinet Gaming machine cabinet door Gaming machine artwork and reel tape Gaming machine reel mechanism Gaming token mechanism designed for use on a gaming machine or an identifiable part of such a mechanism Hopper or an identifiable part of a hopper Computer cabinet Game board Processor board Game EPROM Program or software for a gaming machine (irrespective of the medium or method of storage) Identification plate referred to in regulation 20 Gaming machine label referred to in section 135 of the Act Gaming machine seal

Schedule 5 Fees Gaming Machine Regulations 1995 34 Schedule 5 Fees regulation 37 Item Fee

Application for the grant of a gaming machine licence (section 24(3)(q) of the Act) 1 150 revenue units
Copy of gaming machine licence (section 31(1) of the Act) 55 revenue units
Application for approval to alter a gaming machine (section 40A(1)(a) of the Act) 55 revenue units
Application for increase in number of gaming machines provided to a licensee (section 41(2)(f) of the Act) 115 revenue units
Application for the grant of a repairer's, service contractor's, monitoring provider's or machine manager's licence (section 62(1)(j) of the Act) 115 revenue units
Issue of copy of licence for repairer, service contractor or machine manager (section 67(1) of the Act) 20 revenue units
Application for renewal of repairer's, service contractor's or machine manager's licence (section 71(2)(c) of the Act) 55 revenue units

Schedule 6 Basic monitoring service Gaming Machine Regulations 1995 35 Schedule 6 Basic monitoring service regulation 6B Information, services and support

A monthly report, in a form approved by the Director, to the licensee and the Director of daily gaming machine performance.
Read-only gaming machine data, and an events log, in respect the licensed premises.
At the end of each financial year, a hard copy statement to the licensee of gaming machine performance on the licensed premises during that year.
Meter information to the licensed premises when a gaming machine malfunctions.
Facilitation of changes to games and gaming machine configurations, e.g. a change in the gaming token denomination of a gaming machine or the return to players from a gaming machine.
Help desk support to licensed premises and licensed repairers during hours of play at the licensed premises to assist with the following: (a) resolving payment disputes; (b) explaining variances in gaming machines; (c) repairing minor faults with gaming machines, resetting gaming machines and cancelling credit procedures on gaming machines; (d) verifying the integrity of gaming machine software.
The automatic shutdown of a gaming machine in the event of the non-compliance of the gaming machine or to enforce the hours of gaming under the gaming machine licence.
Dial-in, read-only access of the monitoring service database by the Director.

ENDNOTES Gaming Machine Regulations 1995 36 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 Machine Regulations (SL No. 40, 1995) Notified 19 December 1995 Commenced 19 December 1995 Amendments of Gaming Machine Regulations (SL No. 25, 1996) Notified 12 June 1996 Commenced 12 June 1996 Amendments of Gaming Machine Regulations (SL No. 7, 1998) Notified 11 March 1998 Commenced 11 March 1998 Financial Relations Agreement (Consequential Provisions) Act 2000 (Act No. 32, 2000) Assent date 27 June 2000 Commenced 1 July 2000 (s 2(2)) Amendment of Gaming Machine Regulations (SL No. 21, 2001) Notified 11 April 2001 Commenced 11 April 2001 Amendments of Gaming Machine Regulations (SL No. 33, 2001) Notified 29 June 2001 Commenced rr 17 and 18: 1 July 2001 (r 1(1)); rem: 29 June 2001 (r 1(2), s 2 Gaming Machine Amendment Act (No. 2) 2001 (Act No. 5, 2001) and Gaz S34, 29 June 2001) Statute Law Revision Act 2002 (Act No. 18, 2002) Assent date 7 June 2002 Commenced 7 June 2002 Treasury Legislation Amendment (Revenue Units) Regulations 2006 (SL No. 33, 2006) Notified 18 October 2006 Commenced 18 October 2006

ENDNOTES Gaming Machine Regulations 1995 37 Gaming Machine Amendment Regulations 2006 (SL No. 44, 2006) Notified 20 December 2006 Commenced 20 December 2006 Gaming Machine Amendment Regulations 2007 (SL No. 37, 2007) Notified 19 December 2007 Commenced 19 December 2007 Gaming Machine Amendment (Anti-Proliferation) Act 2008 (Act No. 29, 2008) Assent date 22 November 2008 Commenced s 10: 1 January 2009 (Gaz G50, 17 December 2008, p 3); rem: 18 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) Gaming Machine Amendment (Aggregate Number of Gaming Machines) Regulations 2014 (SL No. 41, 2014) Notified 24 December 2014 Commenced 1 January 2015 (r 2) Gaming Machine Amendment (Maximum Number of Gaming Machines) Regulations 2014 (SL No. 42, 2014) Notified 24 December 2014 Commenced 1 July 2015 (r 2) Gaming Machine Amendment (Levies) Regulations 2014 (SL No. 44, 2014) Notified 24 December 2014 Commenced 1 January 2015 (r 2, s 2 Licensing (Repeals and Consequential Amendments) Act 2014 (Act No. 40, 2014) and Gaz S130, 19 December 2014, p 2) Gaming Machine Amendment (Levy) Regulations 2015 (SL No. 4, 2015) Notified 29 April 2015 Commenced 29 April 2015 Gaming Machine Amendment (Aggregate Number of Gaming Machines) Regulations 2016 (SL No. 41, 2016) Notified 14 November 2016 Commenced 14 November 2016 Revenue and Other Legislation Amendment Act 2017 (Act No. 13, 2017) Assent date 27 June 2017 Commenced 1 July 2017 (s 2) Gaming Machine Amendment Regulations 2017 (SL No. 39, 2017) Notified 29 November 2017 Commenced 29 November 2017

ENDNOTES Gaming Machine Regulations 1995 38 Revenue Legislation Amendment Act 2018 (Act No. 14, 2018) Assent date 28 June 2018 Commenced pts 3, 4 and 6 (except ss 34 and 36(3)): 1 May 2018; pt 2, divs 1 and 2, pt 5, ss 34 and 36(3) and pt 7: 1 July 2018; pt 2, div 3 and pt 8: 1 July 2019 (s 2) Gaming Machine Amendment Regulations 2018 (SL No. 15, 2018) Notified 4 July 2018 Commenced 4 July 2018 Revenue Legislation Amendment Act 2019 (Act No. 22, 2019) Assent date 21 June 2019 Commenced pt 3: 21 June 2019; rem: 8 February 2019 (s 2) Gaming Machine Amendment Regulations 2020 (SL No. 1, 2020) Notified 12 February 2020 Commenced 12 February 2020 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) Gaming Machine Further Amendment Regulations 2020 (SL No. 8, 2020) Notified 13 May 2020 Commenced 13 May 2020 Gaming Machine Amendment Regulations 2022 (SL No. 15, 2022) Notified 13 October 2022 Commenced 13 October 2022 (r 2) Gaming Machine Amendment Regulations 2023 (SL No. 15, 2023) Date made 13 June 2023 Commenced 14 June 2023 (r 2) 3 SAVINGS AND TRANSITIONAL PROVISIONS r 26 Amendments of Gaming Machine Regulations (SL No. 33, 2001) 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 and 39. 5 LIST OF AMENDMENTS r 2 amd No. 7, 1998, r 1; No. 44, 2006, r 3 pt 1A hdg ins Act No. 29, 2008, s 9 rep No. 41, 2014, r 4 ins No. 41, 2016, r 3

ENDNOTES Gaming Machine Regulations 1995 39 r 2AA ins Act No. 29, 2008, s 9 rep No. 41, 2014, r 4 ins No. 41, 2016, r 3 amd No. 15, 2018, r 4 sub No. 1, 2020, r 4 amd No. 15, 2023, r 4 sr 2A ins No. 7, 1998, r 2 sub No. 44, 2006, r 4 r 3 amd No. 21, 2001; No. 42, 2014, r 4 r 3A ins No. 33, 2001, r 3 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87 r 5 rep No. 33, 2001, r 4 pt 3 hdg amd No. 33, 2001, r 5 r 6 amd No. 33, 2001, r 6; Act No. 44, 2014, s 145; Act No. 4, 2020, s 87 rr 6A – 6D ins No. 33, 2001, r 7 r 6E ins No. 33, 2001, r 7 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87 r 8 amd No. 33, 2006, r 5; Act No. 23, 2013, s 6; Act No. 44, 2014, s 145; Act No. 4, 2020, s 87 r 9 amd No. 33, 2006, r 5; Act No. 23, 2013, s 6 r 9A ins No. 33, 2001, r 8 amd No. 33, 2006, r 5 r 10 amd No. 37, 2007, r 3 r 11 rep No. 33, 2001, r 9 r 12 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87 r 12A ins No. 33, 2001, r 10 amd No. 33, 2006, r 5; Act No. 44, 2014, s 145; Act No. 4, 2020, s 87 r 13 amd No. 33, 2006, r 5; Act No. 23, 2013, s 6 r 14 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87 r 15 amd No. 33, 2006, r 5; Act No. 23, 2013, s 6; Act No. 44, 2014, s 145; Act No. 4, 2020, s 87 r 16 amd No. 33, 2001, r 11 r 17 amd No. 33, 2006, r 5; Act No. 23, 2013, s 6 r 18A ins No. 33, 2001, r 12 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87 r 19 sub No. 33, 2001, r 12 amd No. 33, 2006, r 5 r 20 sub No. 33, 2001, r 12 amd No. 33, 2006, r 5; Act No. 44, 2014, s 145; Act No. 4, 2020, s 87 r 21 amd No. 33, 2006, r 5; Act No. 23, 2013, s 6 r 22 sub No. 33, 2001, r 13 amd No. 33, 2006, r 5; Act No. 44, 2014, s 145; Act No. 4, 2020, s 87 r 24 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87 r 24A ins No. 33, 2001, r 14 amd No. 33, 2006, r 5; Act No. 44, 2014, s 145; Act No. 4, 2020, s 87 r 26 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87 r 27 amd No. 25, 1996, r 1; Act No. 44, 2014, s 145; No. 39, 2017, r 4; Act No. 4, 2020, s 87; No. 15, 2022, r 4 r 28 amd No. 33, 2006, r 5; Act No. 23, 2013, s 6; Act No. 44, 2014, s 145; Act No. 4, 2020, s 87 rr 29 – 30 amd No. 33, 2006, r 5; Act No. 23, 2013, s 6 pt 7 hdg amd No. 33, 2001, r 15; Act No. 44, 2014, s 145; Act No. 4, 2020, s 87 r 31A ins No. 44, 2014, r 4 r 31B ins No. 4, 2015, r 3 r 32 amd No. 33, 2001, r 16 r 32A ins No. 33, 2001, r 17 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87

ENDNOTES Gaming Machine Regulations 1995 40 r 33 amd Act No. 32, 2000, s 41 sub No. 33, 2001, r 17; Act No. 29, 2008, s 10; Act No. 13, 2017, s 18 amd Act No. 14, 2018, s 38 sub Act No. 22, 2019, s 6 amd No. 8, 2020 r 4 r 34 amd No. 33, 2001, r 18 r 37 amd No. 33, 2001, r 19; No. 33, 2006, r 5; No. 34, 2009, r 10; Act No. 44, 2014, s 145; Act No. 4, 2020, s 87 r 37A ins No. 33, 2001, r 20 rep No. 33, 2006, r 3 r 38 amd No. 33, 2001, r 21; Act No. 44, 2014, s 145; No. 44, 2014, r 5; Act No. 4, 2020, s 87 r 38A ins No. 44, 2014, r 6 amd Act No. 4, 2020, s 87 r 39 amd No. 25, 1996, r 2; No. 33, 2006, r 5; Act No. 23, 2013, s 6; Act No. 44, 2014, s 145; Act No. 4, 2020, s 87 sch 1 amd No. 25, 1996, r 3 sub No. 33, 2001, r 22 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87 sch 2 sub No. 33, 2001, r 22 sch 3 sub No. 33, 2001, r 22 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87 sch 4 amd No. 33, 2001, r 23 sch 5 amd No. 33, 2001, r 24; Act No. 18, 2002, s 7; No. 33, 2006, rr 4 and 5; No. 34, 2009, r 10 sch 6 ins No. 33, 2001, r 25 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87

1 GAMING MACHINE REGULATIONS 1995

The Regulations revolve around a set of definitions and technical concepts that determine the regulatory treatment of persons, equipment and transactions.

Categories of premises. Licensed premises are divided into Category 1 and Category 2 (regulation 2(2)). Category 1 covers premises with a hotel liquor licence or specified prescribed liquor licences (regulation 2(2)(a), reg 2A). Category 2 covers club liquor licence premises (regulation 2(2)(b)). Many obligations, caps, levies and reporting requirements are scaled by category (see regs 3, 31A, 34).
Gaming equipment and components. The Regulations define hardware and software components relevant to regulation: game board (processor board that holds a game EPROM), game EPROM (memory medium with game code), processor board, hopper (token container), and machine identification number (regulation 2). Schedule 4 lists “restricted components” (for example gaming machine cabinet, game board, game EPROM, program or software for a gaming machine) which are subject to control (regulation 23, Schedule 4).
Machine identification and labelling. Manufacturers must ensure serial numbers are permanently affixed to machines (regulation 19). Labels issued by the Director under the Act may only be affixed by licensed service contractors or persons approved by the Director (regulation 20). Game boards must carry a label identifying the game and/or type or code (regulation 21).
Caps and allocation. An aggregate Territory cap restricts the total authorisation of gaming machines to 1 659 (regulation 2AA). Per‑premises maxima are prescribed (20 for Category 1 premises, 55 for Category 2 premises; regulation 3). A local cap limits the number of clubs with gaming machines within 1.5 km of Lot 5244, Town of Darwin to the number that held licences immediately before the cap’s commencement, with a limited population‑linked expansion mechanism (regulation 3A).
Monitoring provider role and basic monitoring service. A basic monitoring service is defined as the reading, storage and use of electronic data from gaming machines to provide specified information and support (regulation 6B; Schedule 6). Licensed monitoring providers are subject to prescribed licence conditions (Schedule 3), must lodge a security on grant (regulation 6E), and have a capped per‑machine fee that is CPI‑indexed (regulation 6D).
Machine managers. The Regulations prescribe duties for machine managers, allocating responsibility for supervision, security of internal parts, money clearances, key issuance, accounting entries and arranging remedial repairs (regulation 7). Machine managers must produce a licence or specified identification card on request (regulation 13).
Accounting constructs. The Regulations establish standard records and reports: Cash Clearance Report (daily clearances, regulation 26), Manual Payments Register (short pay correction payouts, hopper fills, jackpot payouts, cancelled credits; regulation 27), Gaming Machine Performance Record (meter readings and performance summary; regulation 28), monthly money reconciliations and Monthly Gaming Machine Reconciliation Report (regulation 25, 31). Records are subject to retention rules (regulation 15(9)) and limited methods for correction (regulation 29).
Financial obligations. The Regulations prescribe levies payable on applications (regulation 31A), a graduated monthly gaming machine tax rate table effective from April 2020 (regulation 33), a community benefit levy percentage per category (regulation 34), penalties for late payment (regulation 35) and the order in which payments are credited (regulation 36).
Advertising and inducements. The Regulations require that advertising be factual, not offensive and not contain inducements to gamble (regulation 39). The Director can direct cessation or amendment of advertising (regulation 39(2)). The definition of inducement is explicit and includes offers of transport, free or concessional accommodation, meals, tokens or non‑normal jackpots (regulation 39(4) and (5)).

These concepts are the building blocks of the compliance regime. They allocate responsibilities between private operators, service providers and the Director, and define the technical and financial data the regulatory system uses to monitor and tax gaming machine activity.

The Regulations identify and impose obligations on several distinct actors. The principal affected parties are:

Licensees. Entities that hold gaming machine licences (hotel and club licensees). They carry the primary operational, accounting, reporting and compliance burdens. Licence conditions in Schedule 1 impose continuing duties: remedial action if operations deviate from the Act’s objectives (Sch 1 cl 1), profit allocation duties for clubs (Sch 1 cl 2), maintenance of records (Sch 1 cl 6), insurance requirements (Sch 1 cl 5), continuous electricity and uptime expectations for machines (Sch 1 cl 8), obligation to provide access for licensed repairers (Sch 1 cl 10), and the duty to ensure taxes, levies and amounts payable to the Director are remitted by electronic funds transfer from a dedicated account or by a licensed monitoring provider under arrangement (Sch 1 cl 12; regulation 32A).
Licensed monitoring providers. Providers who supply monitoring services are regulated as licence holders with prescribed conditions (Schedule 3). They must not hold a gaming machine licence or manufacturer approval (Sch 3 cl 1), must provide a basic monitoring service consistent with Schedule 6, keep approved accounting records (Sch 3 cl 4), give the Director copies of basic monitoring service agreements (Sch 3 cl 3), and are required to post security on grant ($50 000, regulation 6E). Default, surrender without notice or cancellation may lead to forfeiture (regulation 6E(2)), and the Director may use forfeited funds to arrange replacement services (regulation 6E(3)). Monitoring providers may also be authorised to remit monies directly to the Director under a licencee’s arrangement (regulation 32A(b)).
Manufacturers and suppliers. Manufacturers must seek approval for premises (regulation 18), ensure serial numbers are permanently affixed to machines they supply (regulation 19), and provide security systems and storage protocols in applications (regulation 18(2)). They are subject to restrictions on affixing labels and must comply with evaluation and approval processes for machine types (regulations 18A, 19, 20, 24).
Repairers, service contractors and machine managers. These persons require licences and must meet prescribed duties. Machine managers have explicit managerial duties (regulation 7), must carry or produce identification (regulation 13), and are responsible for money clearances (regulation 26). Licensed repairers have controlled access to internal components and may be authorised to affix labels (regulation 20).
Players. The Regulations set technical protections around payments to players including calculation of entitlements (regulation 12), short pay correction payouts, jackpot payouts, cancelled credits and a mechanism for players to submit written complaints about refusals to pay (regulation 14, labelled in the text as “4 Submissions in relation to payments refused” but giving a 10‑day window and formal content requirements).
The Director (regulatory authority). The Director receives reports, levies, taxes and fees; may order advertising amendments (regulation 39(2)); allocates code numbers for accepted game types (regulation 24); evaluates machine types (regulation 18A); issues labels and identification numbers (regulation 20); receives notices for seal breaks (regulation 22); and may require security for monitoring provider licences and handle forfeiture (regulation 6E).
Third parties and the public. Community organisations may be affected indirectly by the Gaming Machine Community Benefit Levy distributed from proceeds (regulation 34). The advertising rules and compulsive gambler signage requirement (regulation 17) affect public messaging on premises.

Several regulated outcomes create specific economic or operational impacts. Monitoring providers carry financial exposure via the $50 000 security (regulation 6E). Licensees must hold dedicated accounts and prioritise transfers for amounts payable to the Director (regulation 32A), and they hold the direct burden of record keeping, reporting and tax compliance (regulations 25-31; Schedule 1 cl 12). Manufacturers and approved evaluators are constrained by evaluation rules, labelling and restricted component lists (regulation 18A; Schedule 4). Clubs in the Darwin 1.5 km zone are subject to an allocation freeze tied to a baseline, with limited expansion only as population increases (regulation 3A).

The Regulations allocate detailed duties to licence holders, service providers and machine managers, and set rights and remedies that preserve regulatory oversight.

Duties of licensees and managers:

Supervision and premises layout. Licensees must ensure continuous supervision of each gaming machine from a normal duty position and maintain clear passageways of at least 2 metres between banks of machines unless the Director directs otherwise (regulation 8). This creates a duty on operators to maintain sightlines and floor plans that allow supervision and inspection.
Installation and maintenance. Licensees must install gaming equipment to allow proper cleaning, maintain exit access and enable safety and security features (regulation 9). Licensees must also ensure that site controllers for monitoring systems are treated as prescribed gaming equipment and may only be interfered with by the licensed monitoring provider except in specified circumstances (regulation 9A).
Financial record keeping and reconciliations. Licensees must perform monthly money reconciliations with specified checks (regulation 25). Daily money clearances must be performed or personally supervised by a machine manager and recorded in a Cash Clearance Report with itemised machine details and signatures (regulation 26). A Manual Payments Register must record detailed particulars for each short pay correction payout, hopper fill, jackpot payout and cancelled credit (regulation 27). Gaming Machine Performance Records must be kept per machine with daily entries and the performance summary particulars (regulation 28). Monthly Gaming Machine Reconciliation Reports consolidate performance records (regulation 31). Records must be retained for not less than seven years in many instances (regulation 15(9)).
Security of keys. Licensees must keep keys related to gaming equipment security in a secure place and restrict access to specified persons (regulation 15). They must keep records of each possession and ensure keys are kept on the person when held (regulation 15(4), (6)). This duty imposes operational changes on staffing and key control systems.
Compliance with licence conditions. The Schedule 1 prescribed conditions impose obligations to comply with the Act and Regulations, to take reasonable steps to remedy non‑compliance, to provide insurance against liabilities arising from gaming, to maintain records at the licensee’s expense, and to ensure machines are continuously powered and minimised downtime (Schedule 1).

Duties of monitoring providers and service contractors:

Monitoring service scope and standards. Licensed monitoring providers must provide a basic monitoring service as defined in Schedule 6, meet probity standards, not charge more than the prescribed maximum fee per machine and not modify monitoring systems without Director approval (Schedule 3; regulations 6B, 6C, 6D). They must provide copies of every agreement to the Director (Schedule 3 cl 3) and keep approved accounting books (Schedule 3 cl 4). In default, they must make equipment available to the Director free‑of‑charge and provide access to data (Schedule 3 cl 8).
Security for licence. A $50 000 security obligation is payable on grant of a monitoring provider licence and may be forfeited on default, surrender without proper notice or licence cancellation (regulation 6E).

Rights and Director functions:

Director’s directions and approval powers. The Director may direct amendments or cessation of advertising (regulation 39(2)). The Director allocates code numbers for accepted gaming equipment and games (regulation 24). The Director is also the recipient of levy and tax payments and must process refund claims within 90 days (regulation 38). For disposal of machines, Director approval is required and the application must include serial numbers, identification labels, finance statements and proposed disposal arrangements (regulation 24A).
Payment priorities and remittance mechanisms. Licensees are required to hold a dedicated account for amounts payable under sections of the Act and the Regulations, and to remit those amounts by EFT, or enter into an arrangement for a licensed monitoring provider to remit on their behalf. The Regulations require that transfers for the Director are the priority out of the account (regulation 32A). Regulation 36 prescribes the order in which credited payments are applied (taxes first, then community levies, then penalties).

Specific technical duties:

Meter readings and machine tamper reporting. Monthly reconciliations must record specific RAM meter readings and hopper values (regulation 25(d), regulation 28(3)(b)(x)). Broken or removed seals must be kept and accounted for to the Director within seven days after the end of the month in which the seal was removed (regulation 22).
Rate of return to players. Licensees must ensure a minimum return to players of 85% per gaming machine annually (regulation 12A(1)); machines may be varied within a Director‑approved range but not outside that range and not more than once in any 30 day period (regulation 12A(2)-(3)).

Enforcement, penalties and remedies are set in detailed provisions and include the Director’s ability to require refunds of levies following final decisions on applications (regulation 38A). The Regulations therefore allocate duties largely to licensees and monitoring providers, with rights and decision points reserved to the Director for technical approvals, labels, code numbers and remedial intervention.

The Regulations specify monetary and administrative sanctions, mechanisms for Director intervention, and processes for remedial action when regulated parties fail to meet obligations.

Monetary and unit penalties:

Many operational breaches are punished by fixed maximum penalties expressed in penalty units. Typical maxima include 40 penalty units for breaches such as failure to maintain appropriate layout and supervision (regulation 8), improper installation or maintenance practices (regulation 9), failure to produce machine manager licence or identification card (regulation 13), record keeping offences (regulation 28, 29) and advertising breaches (regulation 39). Several technical breaches attract higher maxima of 50 penalty units, for example unlawful interference with site controllers (regulation 9A(2)), failure to apply serial numbers (regulation 19), affixing labels by unauthorised persons or to the wrong premises (regulation 20), failure to account for broken or removed seals (regulation 22), and disposal without Director approval (regulation 24A).
A prescribed penalty percentage for late payment of taxes and levies is set at 5% (regulation 35). That percentage is payable for the purposes of section 153(1)(a) of the Act, tying late payment penalties to an explicit formula.

Security and forfeiture:

Licensed monitoring providers must post security of $50 000 on grant of the licence (regulation 6E(1)). The security is forfeitable where the provider defaults under a basic monitoring agreement, surrenders the licence without 90 days' notice, or has its licence cancelled under section 79 of the Act (regulation 6E(2)). The Director may use forfeited funds to offset costs of replacing the defaulting provider’s services (regulation 6E(3)). This creates direct financial exposure for the monitoring provider and a contingency fund for the regulator to secure continuity.

Director powers and administrative enforcement:

The Director can require advertisement cessation or modification where an advertisement breaches regulation 39(1) or (1A) (regulation 39(2)). Written directions must include particulars of the failure and the required direction (regulation 39(3)).
The Director issues labels and machine identification numbers (regulation 20) and can allocate code numbers for approved equipment types and games (regulation 24). Failure to comply with labelling and approval procedures is an offence.
Refunds and creditor priorities are administered by the Director. Claims for refunds of fees and levies must be decided by the Director within 90 days (regulation 38). Levies paid in relation to refused or partially granted applications must be refunded within seven days of a final decision (regulation 38A). The Regulations also prescribe the order in which payments are to be credited against outstanding liabilities (regulation 36).
For offences involving false or misleading advertising, indecent or offensive material, or inducements, the Director’s written direction to cease or amend advertising can be enforced by the corresponding penalty provisions (regulation 39).

Record retention and auditability:

The Regulations impose long record‑keeping periods, for example records required under regulation 15 must be retained for at least seven years (regulation 15(9)). The requirement to maintain daily and monthly records, and to provide the Director with monitoring data and agreements (Schedules 3 and 6), increases the auditability of licensees and monitoring providers.

Specific technical enforcement points:

Security of keys, restricted access to internal parts and control of site controllers are enforced with penalties (regulation 15, 9A). The limited classes of persons who may affix labels and handle restricted components restrict who can lawfully perform technical changes, with penalties for contravention (regulations 20, Schedule 4).
The Director’s powers to use licence security to procure replacement basic monitoring services (regulation 6E(3)) create a practical enforcement mechanism to secure continuity for licensees.

Financial enforcement:

The levies and tax scheme (regulations 31A, 33, 34) create recurring revenue streams which the Director enforces through payment priority rules (regulation 32A(c)), late payment penalties (regulation 35), and the ability to apply credits to taxes first, then levies, then penalties (regulation 36).

Overall enforcement is achieved through a mixture of pecuniary penalties denominated as penalty units, licence securities and forfeiture, Director directions with statutory backing, record retention for audit and review, and explicit procedural timelines for refunds and claims. The practical effect is to tie operational compliance to financial exposure and reputational risk via Director oversight.

The Regulations operate as subordinate legislation to the Gaming Machine Act 1995 and reference a number of external statutory frameworks and instruments. Key interactions include:

Gaming Machine Act 1995. The Regulations are made under and give effect to specific sections of the Act. Numerous regulations explicitly cite corresponding Act sections in their opening phrases, for example, regulation 2AA is made “for section 22B of the Act” and prescribes an aggregate cap; regulation 4 prescribes conditions for gaming machine licences for the purposes of section 33 of the Act. The Regulations therefore implement, operationalise and detail Act provisions on licensing, supervision, equipment approval, offences and payments.
A New Tax System (Goods and Services Tax) Act (Commonwealth). Regulation 6D(3)-(4) imports the GST concept and the meaning of supply from the Commonwealth GST Act for the purpose of adjusting and expressing the maximum monitoring fee, so GST treatment is an integrated part of fee calculation and reporting.
Gaming Control Act 1993. Regulation 39(5)(c) excludes casino advertising under the Gaming Control Act 1993 from the inducements prohibition. The Regulations therefore coordinate advertising restrictions across the Territory’s gambling statutes.
Revenue and other NT Acts. The Regulations have been amended by and respond to Territory revenue statutes. The endnotes list multiple Revenue Legislation Amendment Acts and related Regulations (for example Revenue Legislation Amendment Act 2017, 2018, 2019 and 2020 entries). Those amendments affected tax rates and levy arrangements recorded in the Regulations (see regulation 33 and endnotes). The Regulations’ tax and levy machinery must therefore be read in conjunction with related revenue statutes to understand the full fiscal picture.
Administrative law and tribunal review pathways. The Regulations reference review and appeal processes in the Act in processes such as refunds of levies following finalised application decisions, for which finality is tied to whether an applicant commences a review or appeal and the day the review or appeal has been decided (regulation 38A(3)). This anchors refund procedural timing to the Act’s review/appeal mechanisms.
National standards and technical interoperability. Schedule 3 clause 7 requires licensed monitoring providers to provide a basic monitoring service that at least meets the requirements of the Australian/New Zealand Gaming Machine National Standards. The Regulations thereby integrate national technical standards into the Territory’s regulatory framework, linking local licensing to external technical benchmarks.
Contract and property law. Provisions regulating disposal of machines require licensees to disclose whether a gaming machine is subject to a finance arrangement and to provide details of the person to whom the machine will be transferred (regulation 24A(2)(b)). This interacts with commercial law principles governing secured finance, transfers and insolvency considerations.
Criminal and public safety law. Requirements for records of seals, access to internal parts, and maintenance of fire exits (regulation 9 and regulation 22) intersect with public safety and criminal liability regimes that apply outside the gaming legislation, for example general offences for breach of safety requirements, although those are not specified in these Regulations.
Currency and tax law. The Regulations express fees and levies in revenue units (Schedule 5) and specify tax bands and rates for gross monthly profit (regulation 33). This creates a cross‑reference to Territory mechanisms for conversion of revenue units to dollar amounts and the Territory’s tax administration rules.

In practice, the Regulations must be read alongside the Act, the Territory’s revenue laws, GST law, national technical standards, and the Casino‑specific Gaming Control Act provisions to produce a complete compliance picture. The Regulations themselves embed cross‑references and import definitions to achieve this integration, for example by adopting GST concepts and by referencing the Australian/New Zealand standards (regulation 6D, Schedule 3).

The Regulations include a substantial amendment history recorded in the endnotes that shows periodic restructuring and substantive policy moves. The reprinted Regulations as at 14 June 2023 reflect those changes. Key amendment milestones and their mechanical effects in the text are:

1996-2001 early amendments. Several amendments in the late 1990s and 2001 updated matters of form and inserted new parts on licensing of repairers, service contractors and monitoring providers (see endnotes listing SL No. 25 1996, SL No. 7 1998, SL No. 33 2001). The insertion of rr 6A-6D and related provisions in 2001 added detailed matters for consideration on licence applications and defined the basic monitoring service (endnotes: rr 6A-6D ins No. 33, 2001).
2006-2009 updates. Amendments in 2006 and 2007 altered penalty and process provisions and adjusted fees and charges (Treasury Legislation Amendment and other SL No. entries, endnotes). 2008’s Anti‑Proliferation Act introduced a new Part 1A and regulation 2AA restricting aggregate machine numbers (Anti‑Proliferation Act 2008, s 9; regulation 2AA ins Act No. 29, 2008; see endnotes). This removed or constrained growth of machines at that time.
2013-2015 Licensing and levy reforms. The Licensing (Repeals and Consequential Amendments) Act 2014 and associated regulation changes (commencing 1 January 2015) reworked licensing structures and inserted or amended multiple provisions, including the addition of regulation 31A prescribing levies and later regulation 31B providing exceptions for applications made before 1 July 2016 (endnotes: Gaming Machine Amendment Regulations 2014, SL No. 41 and SL No. 42). The 2015 SL No. 4 amendment clarified levy exceptions (regulation 31B).
2016-2019 aggregate number and tax changes. SL No. 41, 2016 (Gaming Machine Amendment Regulations 2016) and numerous revenue Acts (Revenue and Other Legislation Amendment Act 2017; Revenue Legislation Amendment Act 2018; Revenue Legislation Amendment Act 2019) adjusted aggregate caps and tax arrangements. Regulation 2AA was amended several times (ins, rep, sub) reflecting changes to the aggregate cap and its reintroduction (see endnotes entries for reg 2AA ins Act No. 29, 2008; rep No. 41, 2014, r 4; ins No. 41, 2016, r 3; amd No. 15, 2018, r 4; sub No. 1, 2020, r 4; amd No. 15, 2023, r 4). Regulation 33’s tax mechanics were amended across several Acts including an update in 2018 which adjusted the rates and bands (endnotes: Act No. 14, 2018; Act No. 22, 2019; No. 8, 2020 r 4).
2020 administrative changes. The Licensing (Director‑General) Repeal Act 2020 and other 2020 amendments reallocated various administrative functions and updated references (endnotes: Act No. 4, 2020; Gaming Machine Amendment Regulations 2020, SL No. 1; Gaming Machine Further Amendment Regulations 2020, SL No. 8). These amendments altered references to the Director‑General and modernised procedural aspects.
2022-2023 updates. SL No. 15, 2022 and Gaming Machine Amendment Regulations 2023 (SL No. 15, 2023) reflect more recent technical and administrative changes, including fee schedules and minor rewording and the reprint date of 14 June 2023 reflects those changes (endnotes: Gaming Machine Amendment Regulations 2022 and 2023 entries).

Specific insertions and repeals are tracked in the endnotes, showing that many parts have been inserted or amended over time: for instance rr 6A-6D were inserted in 2001; reg 9A was inserted in 2001 and later amended; Schedule 6 (basic monitoring service) was inserted in 2001 (see endnotes rrs 6A-6D ins No. 33, 2001 and sch 6 ins No. 33, 2001, r 25). The Anti‑Proliferation Act 2008 added Part 1A including reg 2AA and related caps (endnotes reference s 9). Revenue Acts in 2017-2019 adjusted tax bands and rates captured in regulation 33, and the 2018 amendments staged different commencement dates for parts of amendments indicating phased implementation (endnotes on Revenue Legislation Amendment Act 2018).

The endnotes contain an itemised list of amending instruments and the regulatory provisions they changed. For practitioners, the endnotes are the authoritative ledger of historical amendments. They show that the regime has evolved by adding administrative controls on monitoring providers, imposing security requirements, introducing caps and levies, and changing fiscal settings over time. The mechanical amendments in the endnotes should be consulted when tracking historical compliance obligations, the timing of fee changes, and grandfathering/transitional settings such as the pre‑July 2015 maximum numbers referenced in regulation 31B.

The printed Regulations and the associated endnotes supplied contain no citations to decided cases or reported litigation that directly interpret the Regulations. The instrument itself does not list court decisions and no judgments are named within the text. The endnotes contain only instruments and Acts which amended the Regulations, not judicial decisions.

Consequently, there is no litigation history contained in this source to describe or to draw interpretive conclusions from. Practitioners requiring authoritative case law on disputes over the Act or Regulations will need to consult Territory Supreme Court and tribunal decisions, published judgments and any administrative review determinations that interpret:

the scope of the Director’s discretion under the Act as implemented by these Regulations (for example in label allocation, code numbers, approvals and advertising directions),
the application of specific offences and penalty unit calculations found in these Regulations,
disputes over refunds and finality of application decisions (regulation 38A),
contested determinations of monitoring provider defaults and security forfeiture (regulation 6E),
and tax and levy computation disputes under regulation 33 and related provisions.

Searches should include decisions of the Northern Territory Civil and Administrative Tribunal (NTCAT), the Supreme Court of the Northern Territory, and any appeals to the Federal Court or High Court that raise constitutional or federal law issues (for example involving GST interactions referenced in regulation 6D). Administrative review records and audit findings held by the Director may also produce relevant material on practical enforcement and procedural fairness.

In short, the Regulations themselves do not present a litigation narrative. For interpretation, enforcement precedent and procedural guidance, review of case law and tribunal decisions external to this text is required.

The Regulations contain numerous specific rules that create compliance traps and non‑obvious operational risks. Below are concrete issues to watch, with the statutory source and the mechanics of the risk.

Aggregate and local caps limit growth. The aggregate cap of 1 659 machines (regulation 2AA) and per‑premises maximums (regulation 3) are absolute ceilings. Club applicants in the 1.5 km Darwin radius face a frozen baseline and limited population‑linked increases (regulation 3A). Practitioners must check whether a proposed application would breach these built‑in ceilings; the Director is barred from granting licences that increase the number of clubs in the prescribed area above the baseline (regulation 3A(1)). The risk: sunk application costs and non‑recoverable levies if the Director refuses due to caps. Regulation 31B contains a narrow transitional exception for applications made before 1 July 2016, which complicates timing.
Monitoring provider security and continuity exposure. Licensed monitoring providers must lodge a $50 000 security on grant (regulation 6E(1)). That security is forfeit on default, licence surrender without 90 days notice, or cancellation (regulation 6E(2)). The Director may use forfeiture to procure replacement services (regulation 6E(3)). Risk: monitoring providers face concentrated downside and licensees face service continuity exposure if their provider defaults; licensees must ensure contingency arrangements to avoid a service gap, as Schedule 1 cl 11 requires immediate alternative arrangements on termination.
Maximum monitoring fee and CPI indexing. The Regulations cap the fee a monitoring provider may charge at $25 per machine subject to annual CPI variation from 1 January (regulation 6D). The fee cap excludes GST by express wording (regulation 6D(3)). Risk: disagreement over what constitutes the monitoring element, whether additional services fall within the cap, and pressures on monitoring providers’ margins.
Dedicated account and payment priority. Licensees must hold an account into which amounts payable under sections for tax and levies are paid and must remit by EFT; the account’s transfers to the Director have priority over other withdrawals (regulation 32A(a)-(c)). Licensees can arrange for a licensed monitoring provider to remit on their behalf (regulation 32A(b)). Risk: bank account liquidity issues and commingling of funds can lead to breaches; monitoring providers that remit on behalf of licensees run payment and refund exposure.
Complexity of levy exceptions and conversion to revenue units. Levies are expressed in revenue units (regulation 31A; Schedule 5), and regulation 31B creates an exception for applications made before 1 July 2016, with an “excess number of machines” concept applied in a multi‑step test. Risk: calculating the levy for applications which straddle different maxima and timeframes requires careful arithmetic and knowledge of the pre‑July 2015 maximum numbers (regulation 31B(5) defines pre‑July 2015 maximums).
Advertising inducements. The definition of inducement is broad, including transport offers, free or concessional accommodation, meals or tokens, and non‑normal jackpots (regulation 39(4)). While there are exclusions (advertisements only visible on licensed premises, club member communications, and casino advertising) these carve outs are narrow (regulation 39(5)). Risk: marketing campaigns that include hospitality packages, travel incentives or prize draws may breach the inducement prohibition without careful legal review.
Technical controls on hardware and software. Restricted component rules (Schedule 4) and the ban on unauthorised affixing of Director‑issued labels (regulation 20) create narrow classes of persons who may legally handle critical hardware and software items. Game EPROMs, game boards, software and cabinets are restricted (Schedule 4). Risk: unauthorised repairs, labelling or component replacement may create offences and invalidate approvals; machine suppliers and repairers must be properly licensed and authorised.
Compliance with return to player minimums and variation rules. A minimum annual return to players of 85% per machine is prescribed (regulation 12A(1)), and variation is allowed only within a Director‑approved range and not more than once in any 30 day period (regulation 12A(2)-(3)). Risk: failure to maintain the prescribed RTP or to file and document authorised variations exposes licensees to enforcement and could affect machine authorisation.
Record keeping and correction rules. Records such as Manual Payments Registers, Cash Clearance Reports and Gaming Machine Performance Records must be accurate, entered daily, cannot be altered or obliterated except by a marginal note or footnote identifying the corrector, the date and the correct particulars (regulations 27-29). Records must generally be kept for seven years (regulation 15(9)). Risk: poor record discipline undermines defence to enforcement; auditors will examine daily and monthly aggregates for discrepancies.
Disposal and finance encumbrances. A licensee cannot dispose of a gaming machine without Director approval (regulation 24A(1)). The disposal application must state whether the machine is the subject of a finance arrangement (regulation 24A(2)(b)). Risk: transfers under finance agreements without Director approval can create regulatory non‑compliance and conflict with secured financing requirements.
Director discretion and consequential timing. Several obligations turn on the Director’s approval, allocation or direction (labels, code numbers, advertising directions, machine approvals, disposal). Remedies such as refunds of levies follow the Director’s final decision and are subject to timing rules that account for reviews and appeals (regulation 38A). Risk: licence applicants or operators who rely on approvals must allow for Director timelines and possible delays tied to review processes.

Each of these “gotchas” translates into a concrete compliance cost: additional staff time for records and key control; contractual negotiation to cover monitoring provider default; capital and operational costs to meet layout and labelling rules; and financial provisions to meet upfront levies and the possibility of tax and penalty exposures.

A practical compliance checklist, grounded in the Regulations, is provided below. The list maps specific legal requirements to operational steps, cites the regulating provisions and highlights decision points and documentation that will be examined by the Director or an inspector.

Confirm licensing category and machine numbers.
- Check whether premises are Category 1 or Category 2 (regulation 2(2)). Verify the maximum number of machines permitted for the premises (regulation 3). For clubs within 1.5 km of Lot 5244 Darwin, check the baseline and whether the local cap applies (regulation 3A).
Ensure licence‑specific conditions are met continuously.
- Review Schedule 1 prescribed conditions and embed them into operational policy: compliance with objectives (Sch 1 cl 1), record retention (Sch 1 cl 6), insurance coverage (Sch 1 cl 5), and continuous power and uptime expectations (Sch 1 cl 8). Implement routine audits to detect deviations and corrective actions to satisfy Sch 1 cl 3.
Appoint and licence machine managers and maintain ID cards.
- Ensure machine managers are licensed and carry licences or the prescribed identification card; provide and retrieve ID cards and maintain signatures (regulation 13(1)-(4)). Maintain a log of machine manager authorisations in case of inspection.
Contract with a licensed monitoring provider and manage the relationship.
- If using a monitoring provider, ensure it is licensed, provides a basic monitoring service as per Schedule 6 and that their fee does not exceed the maximum (regulations 6B, 6C, 6D). Obtain a copy of the provider’s agreement (Schedule 3 cl 3) and keep it on file. Consider service continuity plans and the potential for the provider’s security to be forfeited (regulation 6E).
Establish dedicated payment account and electronic remittance procedures.
- Maintain a dedicated account for payments to the Director and configure remittance by electronic funds transfer, or contract for a licensed monitoring provider to remit on the licensee’s behalf (regulation 32A(a)-(b)). Configure bank instructions to prioritise transfers to the Director (regulation 32A(c)).
Implement daily and monthly accounting processes.
- Perform daily money clearances supervised by a machine manager and use a Cash Clearance Report in the Director’s form (regulation 26). Maintain a Manual Payments Register for short pay correction payouts, hopper fills, jackpot payouts and cancelled credits with required particulars and signatures (regulation 27). Maintain a Gaming Machine Performance Record per machine with daily entries and meter readings (regulation 28). Conduct the monthly money reconciliation and prepare the Monthly Gaming Machine Reconciliation Report as required (regulations 25 and 31). Ensure records are retained for the statutory periods (regulation 15(9)).
Harden physical and technical controls.
- Secure keys and log custody, limit access to specified persons, require keys to be carried on the person when in possession and lock machines after work (regulation 15). Restrict access and maintenance of site controllers to the licensed monitoring provider unless permitted (regulation 9A). Ensure that only licensed service contractors or Director‑approved persons affix machine labels (regulation 20). Maintain traceability of seals and account for any broken or removed seals within the required timeframe (regulation 22).
Maintain machine software and hardware compliance.
- Keep records of game boards and EPROMs, label game boards at installation with the gaming machine type or code and the game code (regulation 21). Do not modify monitoring systems without Director approval (Schedule 3 cl 5). When changing games or denominations, perform a money clearance immediately before the change and record required meter readings (regulations 30(1)-(2)).
Prepare for audits and Director requests.
- Keep books and records in forms approved by the Director (Schedule 3 cl 4). Provide read‑only monitoring data and events logs to the Director, and expect the Director to have dial‑in read‑only access as per Schedule 6 cl 8. For any modification or removal of restricted components, prepare approvals, serial numbers, proof of finance arrangements and disposal plans for Director approval (regulation 24A).
Manage taxes, levies and fee calculations.

Calculate the gaming machine tax using the graduated bands in regulation 33 from April 2020 forward; apply the gaming machine community benefit levy rates in regulation 34 according to category. Account for the levy per application under regulation 31A and the transitional exception in regulation 31B for pre‑July 2016 applications. Ensure late payment penalties are understood and provisioned (regulation 35). Keep a clear audit trail for how payments are applied, in priority order, per regulation 36.

Advertising compliance and public signage.

Ensure advertising is factual, not indecent or misleading and does not contain inducements as defined (regulation 39(1)-(4)). Display clear signage at sale or redemption points advertising available services for compulsive gamblers (regulation 17). If the Director directs cessation or amendment of advertising, comply promptly and maintain the Director’s written direction particulars (regulation 39(2)-(3)).

Handle player payment disputes and submissions.

If a machine manager refuses payment, advise the player of the right to make a written submission to the Director within 10 days; ensure submissions comply with the prescribed content requirements (regulation labelled “4 Submissions in relation to payments refused”). Maintain logs and copies of refusals to support any Director review.

Insurance and liability posture.

Maintain insurance against liability arising from gaming or the conduct of gaming for personal injury or damage caused or contributed to by the licensee or employees as required by Schedule 1 cl 5.

Training, internal audits and probity.

Implement internal programs to ensure employee competency, maintain response time standards, audit programs and probity checks as to the matters listed in Schedule 2 (matters to be taken into account for applications). Ensure monitoring provider probity requirements in Schedule 3 cl 6 are met through employment screening and internal controls.

Disposal and finance approvals.

Where disposing of a machine, seek Director approval using the form approved by the Director and include required details (regulation 24A). Check whether machines are subject to finance arrangements and obtain consents where necessary.

Refunds and claims process.

If seeking refunds of fees, levies, taxes or penalties, submit written claims with grounds to the Director, who must allow or disallow within 90 days (regulation 38). For levy refunds following application determinations, be aware of the seven day refund window following final decision and the definition of finality tied to reviews and appeals (regulation 38A).

Operationalising these compliance steps will require staff training, documented procedures, clear contracting with monitoring providers and repairers, robust IT and physical inventories, bank and accounting controls to enforce payment priority, and internal audit capacity to spot meter variances and record anomalies.

Final practical notes: adopt an audit‑ready architecture where daily cash clearances, manual payment entries, game/denomination change logs, machine identification and serial numbers, and monitoring provider agreements are centrally stored and indexed. Ensure that any Director communications and written directions are retained in a compliance file to demonstrate prompt remedial action if required by the Director’s enforcement or refund processes (regulations 38 and 38A).

GAMING MACHINE REGULATIONS 1995

Plain English Summary

Deep Dive

What it does

Current sections

GAMING MACHINE REGULATIONS 1995

Source text: opening excerpt

1 GAMING MACHINE REGULATIONS 1995

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply