New South Wales regulation

Gaming Machines Regulation 2019

In ForceNSW

Jurisdiction

New South Wales

Act Number

428 of 2019

Collection

regulation

Plain English Summary

7/10 complexity

Sets technical and operational rules for gaming machines, dealers, technicians, hoteliers and clubs, replacing the 2010 regulation from 1 September 2019. It fixes a statewide cap of 95,739 entitlements, delegates certain Authority functions to CMS licensees (cl 4A; cl 7), and prescribes record‑keeping, access, progressive‑jackpot handling, security and reporting obligations with penalties for non‑compliance. Those who operate, sell, repair or host machines bear compliance costs and potential fines; the Authority decides approvals, specifications and discretionary directions.

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What it does

The Gaming Machines Regulation 2019 (the Regulation) is subordinate legislation made under the Gaming Machines Act 2001 (the Act). Its substantive purpose is to prescribe operational, technical, licensing and harm-minimisation requirements for approved gaming machines kept in hotels and on registered club premises in New South Wales. It does not itself authorise gambling; that authority flows from the Act and venue licences. Instead, it fleshes out how the Act’s broad prohibitions and permissions are to be administered in daily practice.

Part 1 contains preliminary matters: the Regulation’s name, commencement on 1 September 2019 (replacing the 2010 Regulation), and an extensive interpretation clause (cl 3) that defines 25-plus terms. Clause 4 expands the Act’s definition of “subsidiary equipment” to include player-reward interfaces, cash-back terminals and rule-display devices. Part 2 imposes general controls: a State-wide cap of 95,739 gaming machine entitlements (cl 4A, as amended in 2024), prohibition on multi-terminal machines in hotels (cl 5), rules for amending specification documents (cl 6), transfer of certain Authority functions to the CMS licensee (cl 7), detailed physical and supervisory requirements for hotel gaming rooms when more than 10 machines are kept (cl 8), prescribed contract terms for machine supply or modification (cl 9), mandatory switching-off and notice requirements for faulty machines (cl 10), prize-schedule and return-to-player rules (minimum 85 % payout—cl 11), record-keeping for club prize payments (cl 12), bet and prize caps on multi-terminal machines ($100 bet, $500,000 prize—cl 13), guarantee requirements for large jackpots (cl 14), monthly meter reconciliation and fault-removal obligations for clubs (cl 15), technician work records (cl 16), and dual-person clearance/refilling rules for clubs (cl 17).

Current sections

Direct links to the current provisions in Gaming Machines Regulation 2019.

202

Part 1

Preliminary

Part 1 Preliminary

Name of Regulation

1 Name of Regulation

This Regulation is the Gaming Machines Regulation 2019.

Commencement

2 Commencement

This Regulation commences on 1 September 2019 and is required to be published on the NSW legislation website.

Note.

This Regulation replaces the Gaming Machines Regulation 2010, which is repealed on 1 September 2019 under section 10(2) of the Subordinate Legislation Act 1989.

Definitions

3 Definitions

(1) In this Regulation—

authorised progressive system means a progressive system that the Authority has authorised a hotelier or registered club to operate in the hotel or on the club premises.

cash-back terminal means a customer-operated payment machine that enables gaming machine players to cash in their credits or winnings.

cash dispensing facility, for Part 3, Division 2—see clause 25A.

dealer means the holder of a dealer’s licence.

dealer’s premises, in relation to a dealer, means the premises or part of premises on or from which the dealer is authorised by the dealer’s licence to carry on the business or other activity authorised by the licence.

employee, for Part 3, Division 4A—see clause 50A.

gambling harm, for Part 3—see clause 18A.

gambling incident register, for Part 3—see clause 18A.

gaming area, for Part 3, Division 2—see clause 25A.

gaming plan of management, for Part 3, Division 4B, Subdivision 2—see clause 50O.

Liquor & Gaming NSW means the part of the Department of Enterprise, Investment and Trade known as Liquor & Gaming NSW.

logic board means a logic board of, or for incorporation into, an approved gaming machine.

memory chip means the verifiable read-only memory component of an approved gaming machine that stores the executable program or other fixed data.

multi-terminal gaming machine has the same meaning as in section 61 of the Act.

progressive system—

(a) means 2 or more approved gaming machines that—

(i) are linked electronically to contribute a percentage of the money wagered on them to a separate progressive jackpot pool, and

(ii) comply with the guidelines for linked progressive systems of approved gaming machines issued by the Authority, and

(iii) are specially approved by the Authority for the purposes of Part 5, or are within a class of linked progressive systems of approved gaming machines specially approved by the Authority for the purposes of Part 5, and

(iv) have not been declared by the Authority as having ceased to be a progressive system, but

(b) does not include an authorised linked gaming system.

reportable gambling incidents, for Part 3—see clause 18A.

responsible gambling board oversight training, for Part 3, Division 5—see clause 51(1).

responsible gambling manager, for Part 3—see clause 18A.

responsible gambling officer, for Part 3—see clause 18A.

seller means the holder of a seller’s licence.

serial number of an approved gaming machine means the serial number allocated by a dealer to the gaming machine under Part 4.

technician’s place of business, in relation to a technician, means the premises—

(a) approved by the Authority at the time of grant of the technician’s licence, or

(b) subsequently approved by the Authority under Part 4,

as the premises on or from which the activities authorised by the licence are carried on.

the Act means the Gaming Machines Act 2001.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2) Notes included in this Regulation do not form part of this Regulation.

cl 3: Am 2022 No 59, Sch 3.29; 2024 (250), Sch 1[1]–[4].

Definition of “subsidiary equipment”

4 Definition of “subsidiary equipment”

For the purposes of the definition of subsidiary equipment in section 4(1) of the Act, the following equipment, devices and systems are prescribed—

(a) a device or interface that connects a gaming machine to—

(i) a player reward scheme within the meaning of section 45 of the Act, or

(ii) a system relating to a promotional prize within the meaning of section 45 of the Act,

(b) a cash-back terminal,

(c) any device used to display the rules relating to approved gaming machines (including multi-terminal gaming machines).

Part 2

Regulation and management of gaming machines—general provisions

Part 2 Regulation and management of gaming machines—general provisions

Prescribed overall State cap on gaming machine entitlements

4A Prescribed overall State cap on gaming machine entitlements

For the Act, section 10(1), the prescribed number is 95,739.

cl 4A: Ins 2023 (297), sec 3. Am 2024 (633), Sch 1[1]

Limitation on types of gaming machines in hotels

5 Limitation on types of gaming machines in hotels

(1) The Authority cannot authorise a multi-terminal gaming machine to be kept or operated in a hotel.

(2) A hotelier must not install or keep a multi-terminal gaming machine in the hotel.

Maximum penalty—50 penalty units.

Amendment of specification documents for gaming machines

6 Amendment of specification documents for gaming machines

The Authority may, from time to time, amend the specification document for an approved gaming machine by endorsing on it any modifications to the specifications that the Authority allows.

Transfer of Authority’s functions to CMS licensee

7 Transfer of Authority’s functions to CMS licensee

(1) In accordance with section 67 of the Act, any function of the Authority under the Act (except under Part 10) in relation to the authorisation to keep approved gaming machines that are connected to an authorised CMS may, to the extent that those functions are carried out by electronic means through the operation of an authorised CMS, be exercised by the CMS licensee who is operating the authorised CMS.

(2) The CMS licensee may not exercise any of the Authority’s functions that would result in an approved gaming machine being required to be withdrawn from operation unless the CMS licensee has the Authority’s approval to do so.

(3) In exercising the functions of the Authority as referred to in this clause, the CMS licensee must—

(a) keep any records with respect to the authorisation of approved gaming machines that the Authority requires, and

(b) make any reports to the Authority with respect to the authorisation of approved gaming machines that the Authority requires, and

(c) comply with any directions issued by the Authority.

(4) Compliance with subclause (3) is a condition of the CMS licence.

Hotel gaming rooms

8 Hotel gaming rooms

(1) In accordance with section 68 of the Act, this clause only applies in respect of a hotel licence if more than 10 approved gaming machines are kept in the hotel concerned.

(2) If, because of section 68 of the Act, a hotelier is required to locate approved gaming machines in a gaming room, the gaming room must conform to the following requirements—

(a) the gaming room must be located in a bar area of the hotel, and it must not be in a part of the hotel in respect of which a minors area authorisation under section 121 of the Liquor Act 2007, or a minors functions authorisation under section 122 of that Act, is in force,

(b) the gaming room must be physically separated from the general bar area by a permanent floor to ceiling wall with at least the bottom half of such wall being constructed of opaque material, and any building approval for any work that is required to be done must be obtained before the approved gaming machines may be kept in the hotel,

(c) patrons must not be compelled to pass through the gaming room in order to enter or leave the hotel or in order to gain access to another part of the hotel,

(d) entry to the gaming room must be provided free of charge,

(e) any approved gaming machine in the gaming room must be situated so that it cannot be seen from any place outside the hotel that is used by the public or to which the public has access,

(f) the gaming room must at all times be supervised by the hotelier or an employee of the hotelier by way of electronic means or physical presence, or both,

(g) the gaming room must have a doorway or space that provides reasonable access to and from the gaming room to at least one operating bar, and at least one toilet for each gender, elsewhere in the hotel without the need for a patron to go on to a public street, or to any other area not forming part of the hotel, when moving from the gaming room to that bar or toilet or from that bar or toilet to the gaming room,

(h) if the gaming room can be accessed directly from a public street, each doorway or space in the gaming room that provides access to and from the rest of the hotel must be clearly marked as providing such access and be evident to patrons in the gaming room,

(i) the gaming room must not be a room, or in a location, that has access to another licensed premises,

(j) any approved gaming machine in the gaming room must be situated so it cannot be seen from within another licensed premises.

(3) The requirement under subclause (2)(b) for a gaming room to be physically separated from the general bar area of a hotel does not—

(a) prevent the provision of a doorway or equivalent space to facilitate access by patrons to and from the gaming room, and

(b) operate so as to require the permanent wall to extend beyond any counter that is designed to serve patrons in both the gaming room and the general bar area.

(4) More than one gaming room may be provided by a hotelier in the hotel.

cl 8: Am 2024 (250), Sch 1[5].

Terms and conditions of contracts in relation to gaming machines

9 Terms and conditions of contracts in relation to gaming machines

For the purposes of section 72 of the Act, the prescribed terms and conditions of a contract for the keeping or modification of an approved gaming machine are terms and conditions setting out—

(a) the serial number of the gaming machine, and

(b) the place where the gaming machine is or is to be installed, and

(c) the period the contract is to be in force, and

(d) the consideration and the interest rate (if any) chargeable, and

(e) if there is an option to purchase, the residual value required to exercise that option.

Faulty gaming machines

10 Faulty gaming machines

(1) This clause applies to a fault that affects the playing or result of any game playable by means of an approved gaming machine or the accuracy of any reading of any meter in an approved gaming machine.

(2) If a hotelier or registered club finds or becomes aware of a fault to which this clause applies in an approved gaming machine kept by the hotelier or on the club premises, the hotelier or club—

(a) must switch off the gaming machine as soon as practicable, and

(b) must cause a notice to be attached to the gaming machine indicating that it is faulty, and

(c) must not permit a member of the public to play or attempt to play a game by means of the gaming machine until the fault has been rectified.

Maximum penalty—50 penalty units.

Other requirements relating to prizes

11 Other requirements relating to prizes

(1) A hotelier or registered club must not, except with the Authority’s approval, vary the prize schedule of any approved gaming machine kept in the hotel or on the club premises.

(2) A hotelier or registered club must not permit an approved gaming machine kept in the hotel or on the club premises to be operated unless the gaming machine has been adjusted so that the value of the prizes won by players of the gaming machine is not less than 85% of the total money paid by the players of the gaming machine.

(3) If a hotelier or registered club offers or provides non-monetary prizes, the hotelier or club must make the following information readily accessible in any area of the hotel or club in which approved gaming machines are located—

(a) the nature or form of prizes offered,

(b) the terms on which prizes are awarded or paid,

(c) the right of a prizewinner to choose to receive money instead of any non-monetary prize awarded,

(d) any option available to a prizewinner to transfer a non-monetary prize for another non-monetary item or right,

(e) if the award of a non-monetary prize will not be made within 48 hours of the request for the prize—the time in which the hotelier or club will award the prize.

(4) A hotelier or registered club, or a person acting on behalf of the hotelier or club, who purchases an item to be offered as a prize must, unless the Authority approves otherwise, purchase the item directly from a person whose business comprises the production or sale of items of that kind.

Maximum penalty—50 penalty units.

Records relating to prizes to be kept by clubs

12 Records relating to prizes to be kept by clubs

A registered club must keep or cause to be kept a written record with respect to the awarding or payment of each prize and the payment of short-pay of an approved gaming machine kept on the club premises (other than monetary payments released directly by the gaming machine or prizes awarded or paid by way of redemption of a gaming machine ticket within the meaning of Part 7) that contains the following particulars—

(a) the date of the award or payment,

(b) the serial number of the gaming machine in respect of which the award or payment was made,

(c) the number of credits accumulated that are to be redeemed,

(d) the amount of the prize, the value of the credits or the amount of the short-pay,

(e) the name and signature of the person to whom the award or payment was made,

(f) the name and signature of an employee or person authorised by the club certifying that the employee or person has sighted the number of credits and that the record made in accordance with this clause is correct in all details.

Maximum penalty—50 penalty units.

Bet and prize limits on multi-terminal gaming machines

13 Bet and prize limits on multi-terminal gaming machines

For the purposes of section 61(4) of the Act—

(a) $100 is prescribed as the maximum amount for any single bet on a multi-terminal gaming machine, and

(b) $500,000 is prescribed as the maximum amount of any prize that may be won from playing a multi-terminal gaming machine.

Guarantee of prize payments from multi-terminal gaming machines

14 Guarantee of prize payments from multi-terminal gaming machines

(1) If the maximum jackpot prize that may be won on a multi-terminal gaming machine kept on the premises of a registered club exceeds $20,000, the club must—

(a) establish with a financial institution a special account which is to have a balance equal to or greater than the total value of the jackpot prizes that may be won on each such gaming machine, or

(b) obtain a formal guarantee from a bank or recognised financial institution, or from a person or body approved by the Authority, for an amount equal to the total value of the jackpot prizes that may be won on each such gaming machine.

(2) The registered club must keep or cause to be kept a written record, in a form approved by the Authority, of—

(a) any special account established under subclause (1)(a), or

(b) any guarantee obtained under subclause (1)(b).

Maximum penalty—50 penalty units.

Clubs required to record certain information in relation to gaming machines

15 Clubs required to record certain information in relation to gaming machines

(1) A registered club must ensure that the requirements of this clause are complied with to the extent that they apply to the club.

Maximum penalty—50 penalty units.

(2) A registered club must, at monthly intervals, record the following information in respect of each approved gaming machine kept on the club premises—

(a) a cash flow analysis,

(b) a comparison of cancelled credit meter readings with the corresponding entries in the club’s payout sheets,

(c) a comparison of the money out meter reading (in the case of an approved gaming machine that issues gaming machine tickets by means of equipment subsidiary to the gaming machine), or the cancelled credits payments meter reading (in the case of an approved gaming machine that issues gaming machine tickets otherwise than by means of subsidiary equipment), with the total of—

(i) the value of the gaming machine tickets issued from the gaming machine, being gaming machine tickets that have been redeemed, and

(ii) the value of the unclaimed gaming machine tickets issued from the gaming machine.

(3) The cash flow analysis must be in or to the effect of a form approved by the Secretary.

(4) The information contained in a record referred to in subclause (2) must be reported to the club’s board or committee at monthly intervals.

(5) If a meter of an approved gaming machine kept on the premises of a registered club ceases to function or malfunctions, the club must cause it to be removed from play immediately and cause a notice to be attached to it indicating that it is faulty.

(6) In this clause, gaming machine ticket and unclaimed gaming machine ticket have the same meanings as they have in Part 7.

Record of work done by technicians

16 Record of work done by technicians

(1) For the purposes of section 76B of the Act—

(a) the following work is prescribed—

(i) the installation of an approved gaming machine,

(ii) the servicing or repair of an area or part of an approved gaming machine that is an area or part referred to in section 77(1) of the Act,

(iii) the servicing or repair of an approved gaming machine that involves the resetting of an electronic meter, and

(b) the details required to be recorded are as follows—

(i) the date the work was carried out,

(ii) the technician’s name and licence number,

(iii) the name and serial number of the gaming machine on which the work was carried out.

(2) A technician who carries out work described in subclause (1)(a) must provide a written description of that work to the relevant hotelier or registered club as soon as practicable after completion of the work.

Maximum penalty—20 penalty units.

Clearance and refilling of gaming machines in clubs

17 Clearance and refilling of gaming machines in clubs

(1) A registered club must ensure that the approved gaming machines kept on the club premises are cleared of money and refilled with money by at least 2 of the following persons—

(a) an authorised person within the meaning of Part 7,

(b) the holder of a gaming-related licence who is exercising functions authorised by the licence,

(c) an inspector.

(2) A registered club must keep or cause to be kept a written record, with respect to each clearance or refill of an approved gaming machine kept on the club premises, containing the following particulars—

(a) the date of the clearance or refill,

(b) the serial number of the gaming machine cleared or refilled,

(c) the amount cleared or refilled,

(d) the signatures of the persons who cleared or refilled the gaming machine certifying that the record made in accordance with this clause is correct in all details,

(e) in the event of a refill becoming necessary following a short-pay—the name and signature of the player.

Maximum penalty—50 penalty units.

Part 3

Responsible gambling practices and other harm minimisation measures

Part 3 Responsible gambling practices and other harm minimisation measures

Division 1A

Preliminary

Division 1A Preliminary

pt 3, div 1A: Ins 2024 (250), Sch 1[6].

18A

Definitions

18A Definitions

In this part—

gambling harm means harm caused by, or associated with, gambling.

gambling incident register—see clause 50K(2)(a).

reportable gambling incidents—see clause 50K(3).

responsible gambling manager means a person employed or contracted by a hotelier or registered club who, when on duty—

(a) supervises the responsible gambling officers for the hotel or club who are on duty at the time, or

(b) is the person to whom a responsible gambling officer for the hotel or club reports.

responsible gambling officer, for a hotel or registered club, means a person appointed as a responsible gambling officer for the hotel or registered club under clause 50B.

cl 18A: Ins 2024 (250), Sch 1[6].

Division 1

Provisions relating to player information

Division 1 Provisions relating to player information

Display of information concerning chances of winning prizes on gaming machines

18 Display of information concerning chances of winning prizes on gaming machines

(1) A hotelier or registered club must display, in accordance with this clause, a notice providing information about the chances of winning a major prize from the operation of approved gaming machines in the hotel or on the club premises.

Maximum penalty—50 penalty units.

(2) The notice must—

(a) be displayed in each part of the hotel, or in each part of the club premises, where approved gaming machines are located in such a manner and in such a place that it would be reasonable to expect that a person entering the part of the hotel or the club premises in which the notice is displayed would be alerted to its contents, and

(b) be in the form approved by the Secretary and published on a website maintained by Liquor & Gaming NSW.

cl 18: Am 2021 (2), Sch 1.3[1] [2].

Approval of player information brochures in English and other languages

19 Approval of player information brochures in English and other languages

(1) In this clause—

player information means the following—

(a) information about the use of approved gaming machines,

(b) information about the chances of winning prizes from the playing of approved gaming machines,

(c) the GambleAware helpline funded by the Responsible Gambling Fund under the Casino Control Act 1992.

(2) The Secretary may approve one or more pamphlets or brochures containing player information in the English language (referred to in this Division as an approved player information brochure).

(3) The Secretary may approve one or more pamphlets or brochures in any language other than English—

(a) indicating the substance of the player information contained in an approved player information brochure, and

(b) advising that the player information will be supplied by the hotelier or registered club in that language on request by a patron of the hotel or club.

(4) A pamphlet or brochure approved under subclause (3) may be combined with the approved player information brochure to which it relates.

(5) Without limiting subclause (3), the Secretary may approve one or more pamphlets or brochures containing player information in any language other than English.

cl 19: Am 2021 (2), Sch 1.3[1]; 2024 (250), Sch 1[7].

Provision of player information brochures in English

20 Provision of player information brochures in English

(1) If a hotelier or registered club is authorised to keep gaming machines, the hotelier or club must, in accordance with this clause, make copies of approved player information brochures available to patrons of the hotel or club.

Maximum penalty—50 penalty units.

(2) Approved player information brochures must—

(a) be made available in each part of the hotel or part of the club premises in which approved gaming machines are located, and

(b) be displayed in a manner and place so that it would be reasonable to expect that a person entering the part of the hotel or club premises in which the brochures are required to be available would be alerted to their presence, and

(c) be in a form approved by the Secretary and published on a website maintained by Liquor & Gaming NSW.

cll 20: Am 2021 (2), Sch 1.3[1][2].

Provision of player information brochures in other languages

21 Provision of player information brochures in other languages

(1) If the Secretary has approved a player information brochure in any language other than English, a patron of any hotel or registered club in which gaming machines are authorised to be kept may request the hotelier or club to supply the patron with a copy of the player information brochure in that language.

(2) The hotelier or registered club must supply the brochure in accordance with a request made under subclause (1) as soon as practicable after being requested to do so.

Maximum penalty—50 penalty units.

(3) The brochure must be in a form approved by the Secretary and published on a website maintained by Liquor & Gaming NSW.

cll 21: Am 2021 (2), Sch 1.3[1][2].

Dangers of gambling—notices to be displayed on gaming machines

22 Dangers of gambling—notices to be displayed on gaming machines

(1) A hotelier or registered club must, in accordance with this clause, display a notice containing a warning about gambling and advice for getting help with gambling harm on each approved gaming machine kept in the hotel or on the club premises.

Maximum penalty—50 penalty units.

(2) The notice must—

(a) be positioned in a way so as to enable a person to clearly see the notice while playing the gaming machine, and

(b) be attached to the gaming machine or consist of a permanently visible light emitting display that forms part of the gaming machine, and

(c) be in a form approved by the Secretary and published on a website maintained by Liquor & Gaming NSW.

(3) (Repealed)

cl 22: Am 2021 (2), Sch 1.3[1]–[5]; 2024 (250), Sch 1[8].

Gambling counselling services—notice to be displayed

23 Gambling counselling services—notice to be displayed

(1) If a hotelier or registered club is authorised to keep approved gaming machines, the hotelier or club must, in accordance with this clause, display a notice containing information about the availability of gambling counselling services.

Maximum penalty—50 penalty units.

(2) The notice must—

(a) be displayed in each part of the hotel or club premises where approved gaming machines are located in a manner and place so that it would be reasonable to expect that a person entering the part of the hotel or club premises would be alerted to its contents, and

(b) be in a form approved by the Secretary and published on a website maintained by Liquor & Gaming NSW.

cl 23: Am 2021 (2), Sch 1.3[1] [2] [6].

Signage to be displayed on ATMs and cash-back terminals

24 Signage to be displayed on ATMs and cash-back terminals

(1) If a hotelier or registered club is authorised to keep approved gaming machines, the hotelier or club must, in accordance with this clause, display a notice about getting help with gambling harm on, or in the immediate vicinity of, each automatic teller machine (ATM) or cash-back terminal installed in the hotel or on the club premises.

Maximum penalty—50 penalty units.

(2) The notice must—

(a) be positioned so as to enable a person to clearly see the notice while using the ATM or cash-back terminal, and

(b) be in a form approved by the Secretary and published on a website maintained by Liquor & Gaming NSW.

(3) The notice may be displayed on an ATM or cash-back terminal by a permanently visible light emitting display that forms part of the ATM or cash-back terminal.

cl 24: Am 2021 (2), Sch 1.3[1] [2]; 2024 (250), Sch 1[8].

Division 2

Cheques and cash dispensing facilities

Division 2 Cheques and cash dispensing facilities

25A

Definitions

25A Definitions

In this division—

cash dispensing facility—

(a) means a facility for the withdrawal or transfer of money from a bank or authorised deposit-taking institution, including an ATM or EFTPOS terminal, but

(b) does not include an EFTPOS terminal that is not used for the withdrawal of cash.

gaming area means—

(a) for a hotel—any of the following areas—

(i) if the hotel is required to have a gaming room under the Act, section 68—the gaming room,

(ii) another area or room in which approved gaming machines are located, or

(b) for a registered club—an area or room in which approved gaming machines are located.

cl 25A: Ins 2024 (250), Sch 1[9].

Prohibitions on dealings with cheques

25 Prohibitions on dealings with cheques

(1) If a hotelier or registered club is authorised to keep approved gaming machines, the hotelier or club must not—

(a) exchange a cheque for cash unless the cheque is made out to—

(i) the hotelier or the hotel owner, or

(ii) the club, or

(b) exchange a cheque for more than $400 in cash, or

(c) exchange more than one cheque for the same person on a single day for cash, or

(d) exchange a cheque for cash if a cheque previously exchanged for the person who tendered the cheque has not been met on presentation (unless the amount of the cheque not met was subsequently paid to the hotelier or club).

Maximum penalty—50 penalty units.

(2) If a hotelier or registered club is authorised to keep approved gaming machines, the hotelier or club must bank any cheque that the hotelier or club has exchanged for cash within 2 working days after the day on which the cheque is accepted.

Maximum penalty—50 penalty units.

(3) For the purposes of this clause, a cheque is considered to be made out to a hotelier or a hotel owner only if the hotelier or the hotel owner is the person specified in the cheque (originally and not by endorsement) as payee, whether by name or by indication by use of a name under which the business authorised by the hotel licence is conducted.

(4) In this clause—

cash includes credits that can be used to play an approved gaming machine.

cheque has the same meaning as it has in the Cheques Act 1986 of the Commonwealth, but does not include a traveller’s cheque.

hotel owner means a person who owns (whether or not together with, or on behalf of, any other person) the business conducted under the authority of the hotel licence concerned.

Payment of prize money by cheque or electronic funds transfer

26 Payment of prize money by cheque or electronic funds transfer

(1) A hotelier or registered club must pay so much of the total prize money payable to a person as exceeds $5,000—

(a) by means of a crossed cheque payable to the person, or

(b) by means of electronic funds transfer, if available to the hotelier or registered club, but not earlier than 24 hours after the total prize money becomes payable.

Maximum penalty—50 penalty units.

(2) If the total prize money payable to a person exceeds $5,000, a hotelier or registered club must, if the person so requests, pay the whole of the total prize money in the same manner as is required under subclause (1).

Maximum penalty—50 penalty units.

(3) In this clause—

account means an account with a financial institution.

crossed cheque means a cheque crossed as referred to in section 53 of the Cheques Act 1986 of the Commonwealth.

total prize money means the total monetary value of credits displayed on an approved gaming machine at the end of a session of play on that machine. To avoid doubt, the total monetary value of credits is not subject to any deduction for the value of money inserted into the machine by the player.

cl 26: Am 2024 (250), Sch 1[10].

Requirements relating to prize winning cheques

27 Requirements relating to prize winning cheques

The following statement is prescribed for the purposes of section 47B(b) of the Act—

Prize winning cheque—cashing rules apply

Location and line of sight of cash dispensing facilities—the Act, s 47

28 Location and line of sight of cash dispensing facilities—the Act, s 47

(1) A hotelier or registered club must not permit a cash dispensing facility to be visible—

(a) from an approved gaming machine in the hotel or registered club, or

(b) from within, or from an entrance to or exit from, a gaming area in the hotel or registered club.

Maximum penalty—50 penalty units.

(2) A hotelier or registered club must not permit the following to be visible from a cash dispensing facility—

(a) an approved gaming machine or part of an approved gaming machine,

(b) a monitor used to display the jackpot prize from an authorised progressive system,

(c) an entrance to, or exit from, a gaming area.

Maximum penalty—50 penalty units.

(3) If a cash dispensing facility is located in a hotel or on club premises, the hotelier or registered club must locate the cash dispensing facility—

(a) unless the Secretary has granted the hotelier or registered club an approval under subclause (6)—in a location outside a 5m radius of any entrance to, or exit from, a gaming area in the hotel or club, or

(b) if the Secretary has granted the hotelier or registered club an approval under subclause (6)—in the location specified in the approval.

Maximum penalty—50 penalty units.

(4) A hotelier or registered club may apply to the Secretary for approval to locate a cash dispensing facility other than in accordance with subclause (3)(a) if it is not possible for the hotelier or registered club to comply with subclause (3)(a) because to do so would result in the hotelier or registered club contravening—

(a) the Environmental Planning and Assessment Act 1979, the regulations under that Act or an environmental planning instrument, or

(b) the Work Health and Safety Act 2011 or the regulations under that Act.

(5) An application for an approval under subclause (4) must be in the form approved by the Secretary.

(6) The Secretary may grant a hotelier or registered club an approval to locate a cash dispensing facility in a location other than in accordance with subclause (3)(a) only if the Secretary is satisfied—

(a) it is not possible for the hotelier or registered club to comply with subclause (3)(a) because to do so would result in the hotelier or registered club contravening a law or instrument referred to in subclause (4)(a) or (b), and

(b) the proposed location is the furthest possible location accessible to patrons from—

(i) the nearest approved gaming machine, and

(ii) the nearest entrance to, or exit from, a gaming area in the hotel or club.

(7) If the Secretary grants an approval under subclause (6), the Secretary must give the hotelier or registered club written notice of the approval that specifies the location in which the cash dispensing facility must be located.

(8) The Secretary may vary, revoke or suspend an approval under subclause (6) by giving written notice to the hotelier or registered club.

cl 28: Subst 2024 (250), Sch 1[11]. Am 2024 (633), Sch 1[2].

28A

Location of signage for cash dispensing facilities away from gaming machines—the Act, s 47

28A Location of signage for cash dispensing facilities away from gaming machines—the Act, s 47

A hotelier or registered club must not permit signage in the hotel or on club premises advertising or giving directions to a cash dispensing facility that is visible from any of the following—

(a) an approved gaming machine,

(b) any part of a gaming area in the hotel or registered club.

Maximum penalty—50 penalty units.

cl 28A: Ins 2024 (250), Sch 1[12].

28B

Advertising of gaming machines not permitted on or near cash dispensing facilities—the Act, s 47

28B Advertising of gaming machines not permitted on or near cash dispensing facilities—the Act, s 47

(1) A hotelier or registered club must not permit signage or advertising about gaming machines in the hotel or on club premises that is—

(a) located on, or part of, a cash dispensing facility, including on a digital display of a cash dispensing facility, or

(b) visible from a cash dispensing facility.

Maximum penalty—50 penalty units.

(2) A hotelier or registered club does not contravene subclause (1) if the signage or advertising is a notice for the purposes of, and in accordance with, clause 24.

cl 28B: Ins 2024 (250), Sch 1[12].

Division 3

Gaming machine threshold scheme

Division 3 Gaming machine threshold scheme

Interpretation

29 Interpretation

(1) In this Division—

venue (or relevant venue), in relation to a threshold increase application, means the hotel or club premises to which the application relates.

(2) For the purposes of this Division, the internal floor space of a venue includes any outdoor dining area or other unenclosed seating area.

Threshold increase ranges

30 Threshold increase ranges

For the purposes of section 35 of the Act—

(a) a low-range increase is any number from 1 to 20, and

(b) a mid-range increase is any number from 21 to 40, and

(c) a high-range increase is any number above 40.

Threshold increase applications—general requirements

31 Threshold increase applications—general requirements

(1) A threshold increase application must—

(a) specify the internal floor space (in square metres) of the venue, and

(b) in the case of an application made by or in relation to a new hotel or new club—provide a map showing the location of the venue and the location of any school, place of public worship or hospital within 200 metres of the venue.

(2) The gaming machine threshold for a new hotel or the premises of a new club cannot be increased if the hotel or club premises are situated in the immediate vicinity of a school, place of public worship or hospital.

(3) In the case of a threshold increase application by a registered club, the application must, if the club is proposing to increase the gaming machine threshold for the venue to a number above 450 and the application is not required to be accompanied by a local impact assessment because of section 35(2) of the Act, demonstrate the following to the satisfaction of the Authority—

(a) that consideration has been given to assessing the impact of the additional gaming machines on the amenity of the local area and the action that will be taken to manage any negative impact,

(b) that appropriate harm minimisation and responsible gambling measures (in addition to those already required by law) are in place at the venue,

(c) that the proposed increase will result in additional benefits to club members or the community.

Threshold increase applications—consultation requirements

32 Threshold increase applications—consultation requirements

(1) This clause applies in relation to a threshold increase application that is required to be accompanied by a class 2 LIA.

(2) Before any such threshold increase application is made, the proposed applicant must notify each of the following about the proposed application—

(a) the local council for the area in which the relevant venue is situated,

(b) the local police,

(c) the local health district for the area in which the relevant venue is situated,

(d) any organisation that is located in the local statistical area in which the relevant venue is situated and that receives funding from the Responsible Gambling Fund under the Casino Control Act 1992 for the specific purpose of providing gambling-related counselling or treatment services,

(e) any other community services organisation listed by the local council for the area in which the relevant venue is situated as an organisation engaged in the provision, in the local community, of services relating to welfare, emergency relief, financial assistance, Aboriginal health, Aboriginal legal assistance or gambling and addiction counselling or treatment.

(3) The notice must specify the following—

(a) the name and address of the venue,

(b) an explanation of the nature of the proposed application,

(c) the contact details of the person to whom submissions or inquiries about the proposed application may be made,

(d) the date (referred to as the date for close of submissions) by which submissions about the proposed application may be made, being a date that is not earlier than 90 days after the date of the notification,

(e) the date on which the proposed application is intended to be made to the Authority, being a date that is not less than 21 days after the date for close of submissions.

(4) The class 2 LIA that is provided with a threshold increase application must include—

(a) a report on the results of the consultation process under this clause (with details of any meetings or discussions held in relation to the proposed application and the outcomes of those meetings or discussions), and

(b) a list (verified by statutory declaration of the hotelier or secretary of the club concerned) of the community services organisations notified of the proposed application.

Class 1 LIA—information to be provided

33 Class 1 LIA—information to be provided

A class 1 LIA must include the following information—

(a) if the threshold increase application to which the LIA relates is made in relation to a new hotel or a new club—a map showing the location of the venue and the location of any school, place of public worship or hospital within 200 metres of the venue,

(b) details of the benefits that the venue will provide to the local community if the threshold increase application is approved,

(c) details of any harm minimisation and responsible gambling measures that are in place at the venue (including specifying which of those measures are required by law and which of those are offered voluntarily by the venue),

(d) details of any additional positive contributions by the venue (as referred to in section 36B of the Act) in connection with the threshold increase application,

(e) any other information required by the Authority.

Class 2 LIA—information to be provided

34 Class 2 LIA—information to be provided

(1) General information A class 2 LIA must include the following information—

(a) the gaming machine threshold for the venue and the number by which it is proposed to be increased,

(b) the name, address and licence number of the venue,

(c) the name of the local statistical area in which the venue is situated and the name of any other local statistical area within 5 kilometres of the venue,

(d) a map of the area within a radius of 1 kilometre of the venue that shows the location of the venue and the location and name of any of the following that are situated in that area—

(i) any other licensed premises,

(ii) any school, hospital or place of public worship,

(iii) any sporting or community facility,

(e) the name and address of the owner of the business carried on under the licence for the venue (referred to as the business owner),

(f) the contact details of the business owner or person representing the business owner,

(g) any other information required by the Authority.

(2) Specific information about the relevant venue A class 2 LIA must include the following information—

(a) a description of the facilities provided by the venue and the activities conducted at the venue,

(b) details (including a floor plan) of the area or areas of the venue set aside or proposed to be set aside for playing gaming machines,

(c) details of any harm minimisation and responsible gambling measures that are in place at the venue (including specifying which of those measures are required by law and which of those are offered voluntarily by the venue),

(d) a current patron profile (based on a survey of patrons conducted in accordance with the guidelines under section 36C of the Act) that shows the distribution of places of residence, gender, occupation and age of patrons and other relevant information (such as cultural or ethnic background) relating to the venue’s patrons,

(e) an outline of any expected increase in patronage should the threshold increase application be approved,

(f) details of any additional positive contributions by the venue (as referred to in section 36B of the Act) in connection with the threshold increase application.

(3) Gaming machine data and social profile information A class 2 LIA must include the following information—

(a) information relating to gaming machines and gaming machine entitlements in the relevant area for the venue (as provided to the applicant by the Authority),

(b) demographic and other social and economic information relating to the relevant area for the venue (as obtained by the applicant from the Australian Bureau of Statistics).

(4) For the purposes of subclause (3), the relevant area for a venue is—

(a) the local government area in which the venue is situated, and

(b) any other local government area within 5 kilometres of the venue.

(5) Assessment A class 2 LIA must—

(a) specify the positive impact (both social and economic) that the proposed increase in the gaming machine threshold for the relevant venue will have on the local community (including details of the benefits that the venue will provide), and

(b) specify any negative social or economic impact that the proposed increase may have on the local community and the action that will be taken to address that impact.

(6) For the purposes of subclause (5), the local community comprises the following—

(a) the people in the area (or in the group) from which the persons using the services and facilities of the venue concerned are likely to be drawn,

(b) the people in the area (or in the group)—

(i) that is to derive, or that the Authority considers is likely to derive, social or economic benefit if the threshold increase application is approved, or

(ii) that is to suffer, or that the Authority considers is likely to suffer, social or economic detriment if the threshold increase application is approved.

Provision of class 1 LIA in relation to amalgamated club premises in certain circumstances

35 Provision of class 1 LIA in relation to amalgamated club premises in certain circumstances

(1) A local impact assessment that is required to be provided with a threshold increase application by a parent club in relation to its main premises is to be a class 1 LIA if—

(a) the gaming machine threshold of the main premises is being increased as a result of the transfer of gaming machine entitlements from the premises of the dissolved club, and

(b) the premises of the dissolved club are situated within a radius of 5 kilometres of the main premises of the parent club, and

(c) trading on the premises of the dissolved club has ceased permanently.

(2) In this clause—

dissolved club, in relation to the amalgamation of registered clubs, means the club whose club licence is transferred under section 60 of the Liquor Act 2007 to another registered club.

main premises of a parent club means the premises that are, in the opinion of the Authority, the main premises of the club.

parent club, in relation to the amalgamation of registered clubs, means the registered club to which the club licence of another club is transferred under section 60 of the Liquor Act 2007.

(3) This clause has effect despite section 35(4) of the Act.

Special provision for clubs establishing adjacent to new development areas

36 Special provision for clubs establishing adjacent to new development areas

(1) In this clause—

adjacent area means an area of land in a Band 1 LSA or Band 2 LSA that—

(a) is within 1 kilometre of a new development area within the meaning of section 37A of the Act, and

(b) does not, in the opinion of the Authority, have the full benefit of the services and facilities of the kind provided by registered clubs.

newly registered club means a registered club that has been granted a club licence within the last 12 months.

(2) Despite section 35(4) of the Act, a class 1 LIA may be provided with a threshold increase application in relation to the premises of a newly registered club that are situated in an adjacent area if—

(a) the number to which the application relates is not more than 150, and

(b) the Authority is satisfied that the acquisition of a corresponding number of gaming machine entitlements in respect of those premises would not increase the density of gaming machines in the local statistical area in which the premises are situated to the extent that the classification of the area is affected.

(3) If any such class 1 LIA is approved, the following provisions apply, to the exclusion of sections 20(3) and 37 of the Act, in relation to the registered club concerned—

(a) only one gaming machine entitlement for every 2 transfer blocks is required to be forfeited to the Authority under the Act in respect of the first 50 gaming machine entitlements that are transferred to the premises after the approval of the LIA,

(b) the club has up to 5 years from the date of the approval in which to acquire gaming machine entitlements for the number of gaming machines to which the threshold increase relates (the club’s special class 1 quota),

(c) if the club has not acquired gaming machine entitlements for its special class 1 quota at the end of that 5-year period, the Authority is to decrease the gaming machine threshold for the premises in accordance with the portion of the special class 1 quota that is not used during that period.

cl 36: Am 2024 (250), Sch 1[13] [14].

Consultation and notice requirements

37 Consultation and notice requirements

(1) If a threshold increase application requiring an LIA is made to the Authority, the applicant must, within 7 days of making the application—

(a) provide a copy of the application and the LIA to each of the following—

(i) the local council for the area in which the relevant venue is situated,

(ii) the local police, and

(b) notify each of the following that the application has been made, that the LIA has been provided with the application and that the application and the LIA may be inspected on the Liquor & Gaming NSW website—

(i) the local health district for the area in which the relevant venue is situated,

(ii) any organisation that is located in the local government area in which the relevant venue is situated and that receives funding from the Responsible Gambling Fund under the Casino Control Act 1992 for the specific purpose of providing gambling-related counselling or treatment services,

(iii) any other community services organisation listed by the local council for the area in which the relevant venue is situated as an organisation engaged in the provision, in the local community, of services relating to welfare, emergency relief, financial assistance, Aboriginal health, Aboriginal legal assistance or gambling and addiction counselling or treatment.

(2) The applicant must advise each of the persons and bodies referred to in subclause (1) that they may make a written submission to the Authority in relation to the application and the LIA within 60 days (for a class 1 LIA) or 90 days (for a class 2 LIA) after the date notified on the Liquor & Gaming NSW website as the date on which the application was posted on that website.

(3) The applicant must provide the Authority with a list (verified by statutory declaration of the hotelier or secretary of the club concerned) of the community services organisations that have been provided with a copy of the application.

(4) In addition to subclause (1), the applicant must, within 7 days of making the application—

(a) publish a notice in a way the applicant considers appropriate to bring the notice to the attention of members of the public in the area in which the relevant venue is situated, and

(b) display a notice in a conspicuous area outside the relevant venue (or on the perimeter of the site if the venue has not been built).

(5) The notices must—

(a) state that the application has been made and that the LIA has been provided with the application, and

(b) explain the nature of the application, and

(c) advise that the application and the LIA may be inspected on the Liquor & Gaming NSW website, and

(d) advise that any person may make a submission to the Authority in relation to the application and the LIA within 60 days (for a class 1 LIA) or 90 days (for a class 2 LIA) after the date notified on the Liquor & Gaming NSW website as the date on which the application was posted on that website.

cl 37: Am 2022 (798), Sch 1[1]–[4]; 2024 (250), Sch 1[15].

Restriction on approving threshold increase applications for small venues—floor space requirements

38 Restriction on approving threshold increase applications for small venues—floor space requirements

The Authority may not approve a threshold increase application—

(a) in the case of a venue with an internal floor space of less than 250 square metres—if the approval would result in the gaming machine threshold for the venue being increased to more than 2, or

(b) in the case of a venue with an internal floor space of more than 250 square metres but less than 300 square metres—if the approval would result in the gaming machine threshold for the venue being increased to more than 4, or

(c) in the case of a venue with an internal floor space of more than 300 square metres but less than 350 square metres—if the approval would result in the gaming machine threshold for the venue being increased to more than 6, or

(d) in the case of a venue with an internal floor space of more than 350 square metres but less than 400 square metres—if the approval would result in the gaming machine threshold for the venue being increased to more than 8.

Exemption from operation of section 37B(4) of Act for club premises in retail shopping centres

39 Exemption from operation of section 37B(4) of Act for club premises in retail shopping centres

(1) For the purposes of section 37B(5)(a) of the Act, the prescribed number of shops is 40.

(2) If an application is granted under the Liquor Act 2007 that results in the removal of a club licence, or the extension of the premises of a registered club, to premises that are part of a retail shopping centre, the registered club is exempt from the operation of section 37B(4) of the Act in relation to those premises if—

(a) the club was occupying premises in that same retail shopping centre as at 2 April 2002, and

(b) patrons will not be able to gain access to the club premises directly from the retail shopping centre, and

(c) the gaming machine threshold for the club premises is no more than the gaming machine threshold for the club premises immediately before the club licence was removed or the premises were extended.

Time within which threshold increase applications to be dealt with

40 Time within which threshold increase applications to be dealt with

(1) The Authority must determine a threshold increase application—

(a) for an application not required to be accompanied by an LIA—within 60 days after the application is made, or

(b) otherwise—within 120 days after the last day for the making of submissions on the application.

(2) An application is not considered to have been made until the Authority has accepted the application as being complete and properly made.

(3) The period within which an application must be determined by the Authority is extended by any period allowed by the Authority for the provision of additional information by the applicant.

cl 40: Am 2024 (250), Sch 1[16].

Division 4

Miscellaneous harm minimisation measures

Division 4 Miscellaneous harm minimisation measures

Gaming machine advertising and signs—exclusions

41 Gaming machine advertising and signs—exclusions

(1) Any gaming machine advertising that appears—

(a) in a gaming machine industry trade journal that is not ordinarily available to the general public, or

(b) in any promotional material provided by a registered club to a member of the club in accordance with subclause (4), or

(c) in a publication for a trade convention involving the gaming machine industry, or

(d) at a trade convention involving the gaming machine industry, or

(e) as part of an advertising campaign conducted by or on behalf of the State in relation to gambling harm, or

(f) as an accidental or incidental accompaniment to publishing of other matter and for which the person publishing the other matter does not receive any direct or indirect benefit (whether financial or not) for publishing the gaming machine advertising (in addition to any direct or indirect benefit that the person received for publishing the other matter), or

(g) in a publication advertising a public exhibition held at a State-owned museum or similar public institution,

is excluded from the operation of section 43 of the Act.

(2) Without limiting subclause (1), gaming machine advertising is excluded from the operation of section 43 of the Act if the advertising—

(a) relates to the supply, sale or manufacture of an approved gaming machine, and

(b) is directed to or at a person or body in the gaming machine industry, and

(c) is not on public display or accessible to the general public.

(3) Nothing in section 43 or 44 of the Act prohibits any of the following—

(a) the use or display of the corporate name or logo (or other corporate identifier such as a brand name) of or belonging to a corporation that is the holder of a gaming machine dealer’s licence (including the use or display of any such name, logo or identifier on the corporation’s business premises or property (including vehicles), on corporate clothing worn by staff or on any other corporate merchandise),

(b) the publishing of an annual report, or other similar corporate report or material, of any such corporation,

(c) the operation of the website of any such corporation or of an industry association of which any such corporation is a member,

(d) the use by any such corporation of call-waiting telephone messages that advertise gaming machines,

(e) any advertising by any such corporation in a telephone or internet directory,

(f) the publication of analysts’ reports, newspaper reports or academic articles relating to any such corporation.

(4) A registered club may send promotional material that contains gaming machine advertising (as referred to in section 43(6) of the Act) to a member of the club but only if—

(a) the member has expressly consented to receiving the promotional material and that consent has not been withdrawn, and

(b) the promotional material contains a statement to the effect that player activity statements are available on request in accordance with clause 42, and

(c) the promotional material contains a notice referred to in clause 22(1)(b), and

(d) the promotional material contains a statement to the effect that the member may at any time withdraw the member’s consent to receiving any further promotional material, and

(e) the promotional material includes information or advertising apart from gaming machine advertising, and

(f) the club keeps a written record of the member’s consent to receiving the promotional material, and

(g) the member is not a participant in a self-exclusion scheme under section 49 of the Act with the club.

(5) Unless withdrawn by the member concerned, any such consent by a member of a registered club continues until the end of the membership period but may be renewed at the time the membership is renewed.

(6) Any gaming machine advertising (including any such advertising that is also a gambling-related sign as referred to in section 44 of the Act) that—

(a) appears or is stated inside a hotel or on the premises of a registered club, and

(b) cannot be seen or heard from outside the hotel or club,

is excluded from the operation of section 43 of the Act.

(7) If the name (including the registered business name) of a registered club, as at 2 April 2002, constitutes gaming machine advertising under section 43 of the Act or a gambling-related sign under section 44 of the Act, the club is exempt from those sections to the extent that the publishing or displaying of the name is an offence under those sections.

(8) The mention of the name of a dealer or licensed auctioneer who supplies, sells or manufactures gaming machines does not, in itself, constitute gaming machine advertising for the purposes of section 43 of the Act.

(9) An approved gaming machine does not, in itself, constitute gaming machine advertising for the purposes of section 43 of the Act or a gambling-related sign for the purposes of section 44 of the Act.

cl 41: Am 2024 (250), Sch 1[8].

Provision of player activity statements under player reward schemes

42 Provision of player activity statements under player reward schemes

(1) Player activity statements are required to be provided by a hotelier or registered club under section 45(4) of the Act only if the player reward scheme being conducted by the hotelier or club is one in which a participant’s activity in relation to playing gaming machines is recorded by electronic means.

Note.

Section 45(4) of the Act provides that it is an offence (with a maximum penalty of 100 penalty units) for hoteliers and clubs that conduct player reward schemes not to provide player activity statements in accordance with the regulations.

(2) For the purposes of section 45(4) and (5) of the Act, player activity statements relating to the playing of approved gaming machines by the participants in a player reward scheme conducted by the hotelier or club must—

(a) be made available, on request by the participant to whom any such statement relates, on a monthly basis, and

(b) include, as a minimum, the information referred to in subclause (3).

(3) The following information, provided in the form approved by the Authority, is the minimum information that must be included in a participant’s player activity statement—

(a) the total amount of turnover by the participant during the monthly period covered by the statement,

(b) the total wins recorded during the monthly period,

(c) the net expenditure (ie turnover less wins) during the monthly period,

(d) the total points earned and redeemed during the monthly period as the result of playing gaming machines under the scheme,

(e) the total length of time over each 24-hour period during the monthly period when the participant’s player card was inserted in gaming machines under the scheme (the daily record),

(f) the total length of time that the participant’s player card was inserted in gaming machines under the scheme during the monthly period.

(4) The daily record is required to be included in the player activity statement only in respect of those days that the participant’s player card was used.

(5) A player activity statement is to also include a note stating that the information detailed in the statement—

(a) only relates to the occasions on which the participant used his or her player card under the player reward scheme to play a gaming machine, and

(b) does not necessarily relate to all of the participant’s gaming machine activity during the monthly period, and

(c) may not include information about wins from playing gaming machines that are part of a linked gaming system within the meaning of Part 10 of the Act.

(6) Information to the effect that player activity statements are available on request must be—

(a) given to each participant at the time the participant joins the player reward scheme conducted by the hotelier or registered club, and

(b) included in any promotional material relating to the player reward scheme.

(7) A player activity statement must include a notice referred to in clause 22(1)(b).

(8) Player activity statements must be provided free of charge by the hotelier or registered club.

Requirement to keep record or copy of player activity statement

43 Requirement to keep record or copy of player activity statement

A hotelier or registered club must keep a record or copy of any player activity statement made available by the hotelier or club (whether or not provided under section 45(4) of the Act).

Maximum penalty—50 penalty units.

Provision of problem gambling counselling services

44 Provision of problem gambling counselling services

(1) The persons who are to provide problem gambling counselling services as referred to in section 46 of the Act are those persons who have appropriate problem gambling counselling qualifications and who are employed or engaged by, or whose services are accessed through, any of the following bodies (referred to in this clause as service providers)—

(a) Australian Hotels Association (NSW),

(b) ClubsNSW,

(c) BetSafe,

(d) any other body that receives funding from the Responsible Gambling Fund under the Casino Control Act 1992 for the specific purpose of providing gambling-related counselling or treatment services.

(2) A hotelier or registered club is required to make available at all times to the patrons of the hotel or club information as to the name and contact details of a problem gambling counselling service made available by or through a service provider.

(3) The hotelier or registered club must also provide the information referred to in subclause (2)—

(a) to each person who is a participant in a self-exclusion scheme conducted by the hotelier or club under section 49 of the Act at the time the participant undertakes to be part of the scheme or as soon as practicable after that time, and

(b) to any other person whenever requested to do so.

(4) A hotelier or registered club must display a notice that complies with subclause (5) in any part of the hotel or club premises in which approved gaming machines are located.

Maximum penalty—50 penalty units.

(5) The notice must contain the following information—

(a) the name and contact details of the problem gambling counselling service referred to in subclause (2),

(b) a statement advising patrons that a self-exclusion scheme is available in the hotel or on the club premises for the benefit of patrons who wish to be prevented from entering or remaining in any nominated area of the hotel or club premises for the purposes of assisting patrons to control their gambling,

(c) the name and contact details of a person or body who is able to assist patrons with becoming participants in a self-exclusion scheme conducted in the hotel or on the club premises.

Self-exclusion schemes

45 Self-exclusion schemes

The minimum requirements that apply in relation to the establishment and conduct of a self-exclusion scheme under section 49 of the Act are as follows—

(a) the hotelier or registered club, or an employee of the hotelier or club, must not refuse a request by the participant (as referred to in section 49 of the Act) to enter into an arrangement under that section,

(b) the participant must give a written and signed undertaking that the participant will not gamble in the hotel or on the club premises for a period specified in the undertaking,

(c) the participant must be given an opportunity to seek independent legal or other professional advice at the participant’s own expense as to the meaning and effect of the undertaking before it is given,

(d) the participant must be provided by the hotelier or club, or an employee of the hotelier or club, with written information outlining the name and contact details of the problem gambling counselling service referred to in clause 44(2),

(e) the hotelier or club must ensure that responsible persons (within the meaning of section 49 of the Act) for the hotel or the club can readily identify the participant, whether by means of access to a recent photograph of the participant or otherwise,

(f) the participant must be prevented from withdrawing from the scheme within 6 months after requesting participation in the scheme.

Provision of gambling contact cards

46 Provision of gambling contact cards

(1) A hotelier or registered club must display gambling contact cards in a card holder that is securely attached to each bank of approved gaming machines and that is positioned so as to enable a person to clearly see the gambling contact cards—

(a) while playing a gaming machine that is part of the bank of gaming machines, or

(b) when approaching the bank of gaming machines.

Maximum penalty—50 penalty units.

(2) In this clause—

card holder means a clear, plastic, see-through container.

gambling contact card means a card, in a form approved by the Secretary, containing information in relation to—

(a) self-exclusion from any area of a hotel or the premises of a registered club, and

(b) contact details for problem gambling help options.

cl 46: Am 2021 (2), Sch 1.3[1].

Offering of inducements to gamble

47 Offering of inducements to gamble

A hotelier or registered club must not—

(a) offer or supply, or cause or permit to be offered or supplied, any free or discounted liquor as an inducement to play, or to play frequently, approved gaming machines in the hotel or on the club premises, or

(b) offer, or cause or permit to be offered, free credits to players, or as an inducement to persons to become players, of approved gaming machines in the hotel or on the club premises.

Maximum penalty—50 penalty units.

Notices relating to gaming machine areas in clubs

48 Notices relating to gaming machine areas in clubs

(1) A notice that complies with clause 52 of the Liquor Regulation 2018 must be conspicuously displayed in each gaming machine area of a registered club.

(2) If subclause (1) is not complied with in relation to a registered club, the club and the secretary of the club are each guilty of an offence.

Maximum penalty—50 penalty units.

Location of jackpot prize monitors for linked gaming systems under Part 10 of Act

49 Location of jackpot prize monitors for linked gaming systems under Part 10 of Act

(1) A hotelier or registered club must not permit any monitor that is used to display the jackpot prize from a linked gaming system operating in the hotel or on the club premises to be located in any part of the hotel or club premises other than—

(a) the bar area (within the meaning of the Liquor Act 2007) of the hotel or club premises, or

(b) in the case of a hotel that is required to have a gaming room under section 68 of the Act—the gaming room.

Maximum penalty—50 penalty units.

(2) In this clause—

linked gaming system means an authorised inter-hotel linked gaming system, or an authorised inter-club linked gaming system, within the meaning of Part 10 of the Act, but does not include an authorised progressive system within the meaning of Part 5 of this Regulation.

Publicity for prizewinners

50 Publicity for prizewinners

(1) A hotelier, registered club or licensee, or an employee of a hotelier, registered club or licensee, must not publish or cause to be published anything which identifies any person who—

(a) wins a prize of more than $1,000 in value from playing an approved gaming machine in a hotel or on the premises of a registered club, and

(b) when claiming the prize, requests in writing to the hotelier, club or licensee, or to an employee of the hotelier, club or licensee, that anything disclosing the person’s identity not be published.

Maximum penalty—50 penalty units.

Note.

Publishing the identity of a prizewinner (regardless of whether the publication complies with this clause) is gaming machine advertising for the purposes of section 43 of the Act, and accordingly the publication cannot be seen or heard otherwise than inside the venue concerned.

(2) A person who makes a request referred to in subclause (1)(b) may at any time revoke the request.

(3) Subclause (1) does not apply to—

(a) a request that has been revoked by the prizewinner concerned, or

(b) the publication, inside the venue where the prize is won, of information—

(i) relating to the type or value of the prize won, and

(ii) that identifies the venue, or geographic location of the venue, where it was won.

(4) In this clause—

licensee means the holder of a links licence or investment licence.

publish includes disseminate in any way, whether by oral, visual, written or other means (for example, dissemination by means of cinema, video, radio, electronics, the internet or television).

Division 4A

Responsible gambling officers—the Act, s 47

Division 4A Responsible gambling officers—the Act, s 47

pt 3, div 4A: Ins 2024 (250), Sch 1[17].

50A

Definition

50A Definition

In this division—

employee, of a hotelier or registered club, means a person carrying out work for the hotelier or registered club as—

(a) an employee, or

(b) a contractor or subcontractor, or

(c) an employee of a contractor or subcontractor, or

(d) an employee of a labour hire company who has been assigned to work in the hotel or registered club.

cl 50A: Ins 2024 (250), Sch 1[17].

50B

Appointment of responsible gambling officers for hotels and registered clubs

50B Appointment of responsible gambling officers for hotels and registered clubs

(1) A hotelier or registered club may appoint an employee of the hotelier or registered club as a responsible gambling officer for the hotel or registered club.

(2) A hotelier or registered club must ensure a sufficient number of responsible gambling officers are appointed to ensure compliance with the requirements of this division.

(3) Before appointing an employee as a responsible gambling officer, the hotelier or registered club must—

(a) inform the employee about the duties of a responsible gambling officer, and

(b) ensure the employee understands the duties of a responsible gambling officer, and

(c) ensure the employee has the opportunity to raise issues about the duties of a responsible gambling officer.

cl 50B: Ins 2024 (250), Sch 1[17].

50C

Number of responsible gambling officers required to be on duty at all times

50C Number of responsible gambling officers required to be on duty at all times

(1) A hotelier or registered club must have the following number of responsible gambling officers on duty at the hotel or club premises at all times when approved gaming machines are operating at the hotel or club premises—

(a) for a hotel or registered club with 21–99 gaming machine entitlements—1 officer, unless otherwise approved by the Secretary under clause 50E(1A),

(b) for a hotel or registered club with 100–299 gaming machine entitlements—

(i) 2 officers, or

(ii) 1 officer if approved by the Secretary under clause 50E(1)(a)(i),

(c) for a hotel or registered club with 300 or more gaming machine entitlements—

(i) 3 officers, or

(ii) 2 officers if approved by the Secretary under clause 50E(1)(a)(ii), or

(iii) 1 officer if approved by the Secretary under clause 50E(1)(a)(i).

Maximum penalty—50 penalty units.

(2) In this clause—

gaming machine entitlement includes a permit.

permit has the same meaning as it has for the Act, Part 3.

cl 50C: Ins 2024 (250), Sch 1[17]. Am 2024 (633), Sch 1[3] [4]

50D

Midnight to 8am requirement for on-duty responsible gambling officers

50D Midnight to 8am requirement for on-duty responsible gambling officers

(1) A hotelier or registered club must have the following number of responsible gambling officers on duty who, between midnight and 8am, maintain visibility of the approved gaming machines in operation—

(a) if, under clause 50C, 1 or 2 officers are required to be on duty at that time—1 of the officers required to be on duty under clause 50C,

(b) if, under clause 50C, 3 officers are required to be on duty at that time—2 of the officers required to be on duty under clause 50C.

Maximum penalty—50 penalty units.

(2) A hotelier or registered club does not commit an offence under subclause (1) if the responsible gambling officer carries out other duties required under an Act or law.

cl 50D: Ins 2024 (250), Sch 1[17].

50E

Secretary’s approval for number of responsible gambling officers

50E Secretary’s approval for number of responsible gambling officers

(1) The Secretary may grant an approval in writing to a hotelier or registered club for the purposes of clause 50C if satisfied—

(a) the number of approved gaming machines of the hotelier or registered club that are connected to an authorised CMS is—

(i) for approval of only 1 officer under clause 50C(b)(ii) or 50C(c)(iii)—no more than 75, or

(ii) for approval of only 2 officers under clause 50C(c)(ii)—no more than 224, and

(b) the circumstances under paragraph (a) will continue for more than 3 months after the date on which the approval is given.

(1A) The Secretary may grant an approval in writing to a hotelier or registered club for the purposes of clause 50C(1)(a) if satisfied—

(a) the number of gaming machine entitlements of the hotelier or registered club is at least 21 and less than 100, and

(b) the number of approved gaming machines connected to an authorised CMS is no more than 15, and

(c) the circumstances under paragraphs (a) and (b) will continue for more than 3 months after the date on which the approval is given.

(2) The Secretary’s approval for the hotelier or registered club is taken to be revoked on the earlier of the following dates—

(a) the date that is 12 months after the date on which the approval is granted, or

(b) the first date on which the number of approved gaming machines of the hotelier or registered club that are connected to the authorised CMS is—

(i) for approval of only 1 officer under clause 50C(b)(ii) or 50C(c)(iii)—more than 75, or

(ii) for an approval of only 2 officers under clause 50C(c)(ii)—more than 224.

cl 50E: Ins 2024 (250), Sch 1[17]. Am 2024 (633), Sch 1[5].

50F

Duties of responsible gambling officers

50F Duties of responsible gambling officers

(1) A responsible gambling officer has the following duties—

(a) to identify patrons who are, or are at risk of, experiencing gambling harm,

(b) to identify patrons who are displaying behaviour related to gambling harm,

(c) to make inquiries with a patron if the officer suspects the patron is, or is at risk of, experiencing gambling harm,

(d) to notify senior management of serious instances of patrons who are, or are at risk of, experiencing gambling harm for the purposes of enabling senior management to intervene,

(e) to facilitate requests by patrons for information about, or to participate in, self-exclusion schemes conducted by the hotelier or registered club,

(f) to record, in the hotel’s or registered club’s gambling incident register, incidents observed by the officer relating to persons who are, or are at risk of, experiencing gambling harm or who are displaying behaviour related to gambling harm,

(g) to assist staff and management in ensuring the hotel or registered club meets its harm minimisation obligations under the Act and this regulation,

(h) to promote harm minimisation measures within the hotel or registered club.

(2) A responsible gambling officer may perform other duties—

(a) that do not prevent the officer from carrying out the duties of a responsible gambling officer, or

(b) in an emergency situation.

(3) A responsible gambling officer’s duties as a responsible gambling officer cannot be transferred to another person.

(4) A responsible gambling officer may, in carrying out the responsible gambling officer’s duties, seek the assistance of another employee of the hotel or registered club.

(5) Each responsible gambling officer, when on duty, has the duties of a responsible gambling officer even if another responsible gambling officer is also on duty.

(6) This clause applies despite any inconsistency with—

(a) the responsible gambling officer’s contract of employment, or

(b) another kind of arrangement relating to the employment or engagement of the responsible gambling officer with or by the hotel or registered club.

cl 50F: Ins 2024 (250), Sch 1[17].

50G

Duties of hotelier or registered club

50G Duties of hotelier or registered club

A hotelier or registered club must—

(a) take reasonable steps to ensure the responsible gambling officers for the hotel or registered club who are on duty carry out the duties of a responsible gambling officer, and

(b) ensure work health and safety procedures and policies are followed to support the responsible gambling officers for the hotel or registered club who are on duty in carrying out the officers’ duties, and

(c) ensure the responsible gambling officers for the hotel or registered club who are on duty have the opportunity to raise issues about the duties of responsible gambling officers, and

(d) ensure any issues raised by the responsible gambling officers under paragraph (c) are addressed, and

(e) ensure the responsible gambling officers for the hotel or registered club who are on duty are not impeded by hotel or club staff in carrying out the officers’ duties, and

(f) inform the responsible gambling officers for the hotel or registered club who are on duty of any patrons who are reasonably suspected to be experiencing, or at risk of experiencing, gambling harm, and

(g) assist patrons who are at risk of experiencing gambling harm or who are displaying behaviour related to gambling harm.

Maximum penalty—50 penalty units.

cl 50G: Ins 2024 (250), Sch 1[17]. Am 2024 (633), Sch 1[6]–[8].

50H

50H (Repealed)

50I

Hotelier or registered club directing or encouraging contraventions

50I Hotelier or registered club directing or encouraging contraventions

(1) A hotelier or registered club must not direct or encourage a responsible gambling officer appointed by the hotelier or registered club to contravene the Act or this regulation.

Maximum penalty—50 penalty units.

(2) In this clause—

encourage includes request or assist.

cl 50I: Ins 2024 (250), Sch 1[17].

50J

Responsible gambling officers—making complaints or inquiries

50J Responsible gambling officers—making complaints or inquiries

(1) An affected responsible gambling officer may make a complaint or inquiry to the following persons about the affected responsible gambling officer carrying out the duties of a responsible gambling officer, including impediments to the duties—

(a) the Secretary,

(b) the hotelier or registered club,

(c) the responsible gambling manager.

(2) An affected responsible gambling officer may make a complaint or inquiry to the Secretary about the following circumstances if the affected responsible gambling officer reasonably believes the circumstances exist—

(a) the affected responsible gambling officer is being, or has been, impeded in carrying out the duties of a responsible gambling officer by the following—

(i) the hotelier or registered club,

(ii) the responsible gambling manager,

(b) the following persons have taken, or may take, adverse action against the affected responsible gambling officer in relation to the affected responsible gambling officer carrying out the duties of a responsible gambling officer—

(i) the hotelier or registered club,

(ii) the responsible gambling manager.

(3) This clause applies despite an inconsistency with—

(a) the affected responsible gambling officer’s contract of employment, or

(b) another kind of arrangement relating to the employment or engagement of the affected responsible gambling officer with or by the hotel or registered club.

(4) In this clause—

adverse action includes adverse action within the meaning of the Fair Work Act 2009 of the Commonwealth.

affected responsible gambling officer means a person who—

(a) is a responsible gambling officer, or

(b) was a responsible gambling officer.

cl 50J: Ins 2024 (250), Sch 1[17].

Division 4B

Gambling incident registers and gaming plans of management—the Act, s 47

Division 4B Gambling incident registers and gaming plans of management—the Act, s 47

pt 3, div 4B, hdg: Subst 2024 (250), Sch 1[18].

pt 3, div 4B: Ins 2024 (250), Sch 1[17].

pt.3-div.4B-sdiv.1

Gambling incident registers

pt.3-div.4B-sdiv.1 Gambling incident registers

Subdivision 1 Gambling incident registers

pt 3, div 4B, sdiv 1: Ins 2024 (250), Sch 1[17].

50K

Gambling incident registers

50K Gambling incident registers

(1) This clause applies to a hotelier or registered club if—

(a) the hotelier or registered club holds a gaming machine entitlement or permit, and

(b) approved gaming machines operate at the hotel or club premises.

(2) The hotelier or registered club must—

(a) keep a register (a gambling incident register) in a form approved by the Secretary for the purposes of this division, and

(b) ensure information about reportable gambling incidents is recorded in the gambling incident register in accordance with this division.

Maximum penalty—50 penalty units.

(3) The following incidents (reportable gambling incidents) that occur at the hotel or registered club must be recorded in the gambling incident register as soon as practicable but no later than 24 hours after the incident occurs—

(a) a patron displaying behaviour that indicates the patron is experiencing, or at risk of experiencing, gambling harm,

(b) a patron, or a person who identifies themselves as a family member of the patron, asking for information about a self-exclusion scheme or some form of intervention for the patron,

(c) a breach or attempted breach of a self-exclusion scheme,

(d) an offence, alleged offence or incident involving a minor.

(4) Details of action taken in response to an incident referred to in subclause (3) must be recorded in the gambling incident register as soon as practicable but no later than 24 hours after the incident occurs.

(5) The register may be kept—

(a) in written or electronic form, and

(b) as part of an incident register under the Liquor Act 2007, section 56.

cl 50K: Ins 2024 (250), Sch 1[17].

50L

Gambling incident registers—duty of employees to record

50L Gambling incident registers—duty of employees to record

(1) An employee of a hotel or registered club who has responsibilities for the conduct of gaming must, as soon as practicable but no later than 24 hours after observing a reportable gambling incident, record the following details in the hotel’s or registered club’s gambling incident register—

(a) details of the incident the employee observed, and

(b) details of any action taken by the employee.

(2) However, an employee is not required to record details of the incident if the details have been recorded in the register by another employee who observed the incident.

50M

Gambling incident registers—inspection

50M Gambling incident registers—inspection

A hotelier or registered club must, if asked to do so by a police officer or inspector—

(a) make the gambling incident register for the hotel or club premises available for inspection by a police officer or inspector, and

(b) allow a police officer or inspector to—

(i) take copies of the register or a part of the register, or

(ii) remove the register, or a part of the register, from the hotel or club premises.

Maximum penalty—50 penalty units.

cl 50M: Ins 2024 (250), Sch 1[17].

50N

Gambling incident registers—review

50N Gambling incident registers—review

A hotelier or registered club must—

(a) conduct monthly reviews of the entries in the hotel’s or registered club’s gambling incident register for the purposes of identifying trends in gambling incidents, and

(b) consider what action, if any, the hotelier or registered club should take to address, mitigate or minimise the number or kinds of gambling incidents.

cl 50N: Ins 2024 (250), Sch 1[17].

pt.3-div.4B-sdiv.2

Gaming plans of management

pt.3-div.4B-sdiv.2 Gaming plans of management

Subdivision 2 Gaming plans of management

pt 3, div 4B, sdiv 2: Ins 2024 (250), Sch 1[19].

50O

Definition

50O Definition

In this subdivision—

gaming plan of management—see clause 50P(2).

cl 50O: Ins 2024 (250), Sch 1[19].

50P

Gaming plans of management

50P Gaming plans of management

(1) This clause applies to a hotelier or registered club if—

(a) the hotelier or registered club holds a gaming machine entitlement or permit, and

(b) approved gaming machines operate at the hotel or club premises.

(2) The hotelier or registered club must have a plan (a gaming plan of management) relating to the management of gaming for the hotel or club premises that complies with subclauses (3) and (4).

Maximum penalty—50 penalty units.

(3) The gaming plan of management must—

(a) be in the form approved by the Secretary, and

(b) address how the hotelier or registered club will comply with the Act and this regulation in relation to the following—

(i) the provision of signage and information about help for gambling harm and player information,

(ii) the provision of assistance to players in relation to harm minimisation measures under the Act and this regulation, including information about self-exclusion schemes and counselling services for gambling harm,

(iii) the prevention of minors from using gaming machines,

(iv) the payment of prizes and cashing of cheques,

(v) the management of player reward schemes and player accounts, including the provision of player activity statements,

(vi) RCG and advanced RCG certification and refresher training for venue staff,

(vii) the appointment, implementation and management of responsible gambling officers,

(viii) the duties of responsible gambling managers in relation to the responsible gambling officers for the hotel or club,

(ix) the implementation and management of gambling incident registers, particularly by including procedures to ensure compliance with Subdivision 1,

(x) compliance with clause 50G, and

(b) include a plan of the venue that identifies the location of gaming machine areas, approved gaming machines and cash dispensing facilities, and

(c) include the procedures, and individuals responsible, for maintaining and updating the plan.

(4) The gaming plan of management may include other matters the hotelier or registered club considers relevant.

cl 50P: Ins 2024 (250), Sch 1[19]. Am 2024 (633), Sch 1[10] [11].

50Q

Gaming plans of management—access and training for employees

50Q Gaming plans of management—access and training for employees

A hotelier or registered club must—

(a) make the gaming plan of management for the hotel or club premises accessible to employees, and

(b) give employees training about the gaming plan of management.

Maximum penalty—50 penalty units.

cl 50Q: Ins 2024 (250), Sch 1[19].

50R

Gaming plans of management—inspections

50R Gaming plans of management—inspections

A hotelier or registered club must, if asked to do so by a police officer or inspector—

(a) immediately make the gaming plan of management for the hotel or club premises available for inspection by a police officer or inspector, and

(b) allow a police officer or inspector to—

(i) take copies of the plan or a part of the plan, or

(ii) remove the plan, or a part of the plan, from the hotel or club premises.

Maximum penalty—50 penalty units.

cl 50R: Ins 2024 (250), Sch 1[19].

50S

Gaming plans of management—review

50S Gaming plans of management—review

A hotelier or registered club must review and, if necessary, update the gaming plan of management—

(a) every 12 months after the gaming plan of management is prepared, and

(b) every time there is a change in any of the following—

(i) the number of gaming machine entitlements or permits held by the hotelier or registered club,

(ii) the number of approved gaming machines operated at the hotel or club premises,

(iii) the size or layout of the hotel or club premises.

cl 50S: Ins 2024 (250), Sch 1[19].

Division 5

Responsible conduct of gambling (RCG) training

Division 5 Responsible conduct of gambling (RCG) training

Definitions

51 Definitions

(1) In this Division—

advanced RCG endorsement—see clause 53(1)(c).

RCG endorsement—see clause 53(1).

refresher RCG endorsement—see clause 53(1)(b).

responsible gambling board oversight training means training about the role and responsibilities of board members and directors in providing appropriate oversight in relation to the responsible conduct of gambling provided—

(a) by an approved training provider, or

(b) by or on behalf of the Secretary.

RSA endorsement means a recognised competency card endorsement (other than an RCG endorsement) within the meaning of Part 5 of the Liquor Regulation 2018.

standard RCG endorsement—see clause 53(1)(a).

(2) For the purposes of this Division, an RCG endorsement is current if it has not yet expired.

cl 51: Am 2022 (798), Sch 1[5] [6]; 2024 (250), Sch 1[20].

Interim RCG certificates

52 Interim RCG certificates

(1) As soon as practicable after a person successfully completes an approved RCG training course, the Secretary must issue the person with an interim RCG certificate—

(a) certifying that the person has successfully completed the course, and

(b) specifying the type of approved RCG training course successfully completed by the person.

(2) An interim RCG certificate that certifies the completion of an approved RCG training course is, for the period of 90 days after the interim RCG certificate is issued, taken to be equivalent to a recognised competency card with an RCG endorsement.

(3) The Secretary may, by notice in writing addressed to the holder of an interim RCG certificate, extend the period of 90 days in exceptional circumstances, and in that case the interim RCG certificate and the notice are taken to be equivalent to a recognised competency card with an RCG endorsement for the extended period.

Note.

For example, a person may produce an interim RCG certificate (or an interim RCG certificate and an extension notice), instead of a recognised competency card, in compliance with a requirement under clause 56.

(4) A person who is issued an interim RCG certificate may apply to the Secretary for a recognised competency card with an RCG endorsement.

cl 52: Am 2022 (798), Sch 1[7].

Issue and replacement of recognised competency card with RCG endorsement

53 Issue and replacement of recognised competency card with RCG endorsement

(1) The Secretary may, on the basis of an interim RCG certificate or interim RCG certificates, issue a person a recognised competency card, in hard copy or electronic form, with one or more of the following notations (each an RCG endorsement)—

(a) that the person has completed an RCG training course within the previous 5 years (a standard RCG endorsement),

(b) that the person has completed an RCG training course earlier than within the previous 5 years and has completed an RCG refresher course within the previous 5 years (a refresher RCG endorsement),

(c) that the person has completed an advanced RCG training course within the previous 5 years (an advanced RCG endorsement).

(2) A recognised competency card is to be in the form approved by the Secretary and to contain any other information (including photographic or other information about the identity of the person to whom it is issued) that the Secretary may require at the time the card is issued.

(3) A recognised competency card does not cease to be a recognised competency card only because there is an RSA endorsement on the same card.

(4) The Secretary may, on payment of the relevant fee specified in Schedule 3, issue a replacement recognised competency card, in hard copy or electronic form, to a person if the Secretary is satisfied that the original card has been lost, stolen or damaged.

(5) A person is not required to pay a fee for the replacement of a recognised competency card under this clause if the person has paid a fee under the Liquor Regulation 2018 in relation to the replacement of the same recognised competency card.

cl 53: Am 2020 (33), cl 3(1); 2022 (798), Sch 1[8]; 2024 (633), Sch 1[12].

Expiry of RCG endorsement

54 Expiry of RCG endorsement

(1) An RCG endorsement expires—

(a) on the fifth anniversary of the issue of the interim RCG certificate that was the basis for the RCG endorsement being included on the recognised competency card, or

(b) if the RCG endorsement is renewed—on the fifth anniversary of the date the RCG endorsement would otherwise have expired.

(2) Despite subclause (1), an RCG endorsement expires if—

(a) an RSA endorsement on the same recognised competency card expires, or

(b) the person who holds the RCG endorsement completes an RSA training course or licensee training course and does not complete an approved RCG training course at the same time.

(3) In this clause, licensee training course and RSA training course have the same meanings as they have in Part 5 of the Liquor Regulation 2018.

Renewal of RCG endorsement

55 Renewal of RCG endorsement

(1) A person’s RCG endorsement may be renewed if—

(a) for a standard RCG endorsement—the person completes an RCG training course or RCG refresher course before, or within 28 days after, its expiry, or

(b) for an advanced RCG endorsement—the person completes an advanced RCG training course before, or within 28 days after, its expiry.

(2) If the approved RCG training course is provided by or on behalf of the Secretary, the person must pay the Secretary the relevant fee specified in Schedule 3.

(3) A person is not required to pay a fee under this clause if, at the time of the renewal of the RCG endorsement, the person pays a fee under the Liquor Regulation 2018 in relation to an RSA endorsement on the same recognised competency card.

(4) The renewal of an RCG endorsement does not take effect until the issue of a recognised competency card with the renewed RCG endorsement.

(5) To avoid doubt, the renewal of an RCG endorsement does not make it current for any period during which it had expired.

cl 55: Am 2022 (798), Sch 1[9].

Inspection of recognised competency card

56 Inspection of recognised competency card

(1) A police officer or inspector may require any of the following persons to produce their recognised competency card to the officer or inspector for inspection—

(a) a hotelier who keeps gaming machines,

(b) the secretary of a registered club that keeps gaming machines,

(c) a person employed by a hotelier or registered club whose duties are concerned in the conduct of activities involving approved gaming machines in the hotel or on the club premises.

(2) A person must not, without reasonable excuse, fail to comply with a requirement of a police officer or inspector under subclause (1).

Maximum penalty—5 penalty units.

Note.

An interim RCG certificate is, for a limited period, taken to be equivalent to a recognised competency card and may be produced in compliance with a requirement under this clause—see clause 52(2).

Training of hoteliers, club secretaries and employees associated with gaming machine activities

57 Training of hoteliers, club secretaries and employees associated with gaming machine activities

(1) The Authority is to refuse any application by a hotelier or registered club under section 57 of the Act—

(a) to keep an approved gaming machine, or

(b) to vary an existing authorisation to keep an approved gaming machine,

unless the Authority is satisfied that the hotelier or the secretary of the club holds a recognised competency card with a current RCG endorsement and a current advanced RCG endorsement.

(2) If a hotelier keeps approved gaming machines at the hotel, the following persons must hold a recognised competency card with a current RCG endorsement and a current advanced RCG endorsement—

(a) the hotelier,

(b) the approved manager of the hotel.

Maximum penalty—50 penalty units.

(3) If a registered club keeps approved gaming machines on the club premises, the secretary of the registered club must hold a recognised competency card with a current RCG endorsement and a current advanced RCG endorsement.

Maximum penalty—50 penalty units.

(3A) A registered club commits an offence if—

(a) the registered club keeps approved gaming machines, and

(b) the secretary of the registered club does not hold a recognised competency card with a current RCG endorsement and a current advanced RCG endorsement.

Maximum penalty—50 penalty units.

(4) A hotelier or registered club must not employ or continue to employ a person whose duties include the following unless the person holds a recognised competency card with a current RCG endorsement and a current advanced RCG endorsement—

(a) the duties of a responsible gambling manager, or

(b) the duties of a responsible gambling officer for the hotel or club.

Maximum penalty—50 penalty units.

(4A) A hotelier or registered club must not employ or continue to employ a person whose duties are concerned in the conduct of activities involving approved gaming machines in the hotel or on the club premises unless the person holds a recognised competency card with a current RCG endorsement.

Maximum penalty—50 penalty units.

(4B) A director must—

(a) have completed the following—

(i) an approved RCG training course,

(ii) an approved advanced RCG training course, and

(b) hold a recognised competency card with the following endorsements—

(i) a current RCG endorsement,

(ii) a current advanced RCG endorsement.

Maximum penalty—50 penalty units.

(4C) A director does not commit an offence under subclause (4B) in the 3 months after the day on which the director becomes a director.

(4D) Subclause (4B) does not apply to a director who has completed responsible gambling board oversight training.

(5) In this clause—

approved manager has the same meaning as in the Liquor Act 2007, section 116I(2)(i).

director means the following—

(a) a director of a registered club that keeps approved gaming machines,

(b) a director of a company that owns one or more hotels that keep approved gaming machines, if the director is involved in the business operations of any of the hotels.

employ includes contract and engage.

cl 57: Am 2024 (250), Sch 1[21]–[23] [26] [27]; 2024 (633), Sch 1[13]–[16].

Approval of training providers

58 Approval of training providers

(1) A registered training provider may apply to the Secretary to be an approved RCG training provider in relation to 1 or more of the following courses of training with respect to the responsible conduct of gambling—

(a) an RCG training course,

(b) an RCG refresher training course,

(c) an advanced RCG training course,

(d) responsible gambling board oversight training.

(2) An application under subclause (1) must be accompanied by the relevant fee specified in Schedule 3.

(3) The Secretary may, after considering an application for approval—

(a) grant the application, or

(b) refuse the application.

(4) The Secretary may impose conditions on an approval.

(5) In addition to any conditions imposed by the Secretary on an approval, it is a condition of an approval that any person conducting the approved RCG training course under the approval must—

(a) hold a Certificate IV in Training and Assessment awarded by a registered training organisation, or have any other qualification that the Secretary considers to be equivalent, and

(b) have at least the following experience, or have other experience that the Secretary considers to be equivalent—

(i) if the person is conducting an advanced RCG training course—at least 5 years experience as the holder of a managerial position in a hotel or registered club, being a position with duties in relation to the conduct of gaming machine activities,

(ii) otherwise—at least 3 years experience as the holder of a managerial or supervisory position in a hotel or registered club, being a position with duties in relation to the conduct of gaming machine activities.

(6) An approval under this clause is also subject to the following conditions—

(a) the approved training provider must assess the competency of each person who completes an approved RCG training course conducted by the approved training provider using an online assessment tool approved by the Secretary,

(b) the approved training provider must pay the Secretary the relevant fee specified in Schedule 3 for each interim RCG certificate issued by the Secretary to a person who completes an approved RCG training course conducted by the approved training provider,

(c) the approved training provider must collect the following information on behalf of the Secretary in relation to any person who is undertaking (or who has completed) an approved RCG training course conducted by or on behalf of the provider—

(i) the full name of the person,

(ii) the date and country of birth of the person,

(iii) the residential address of the person,

(iv) an email address or mobile phone number, or both, specified by the person as an email address or mobile phone number at which the person may be contacted,

(v) any other information that the Secretary may require from time to time to assist in ascertaining whether or not the person has successfully completed the course,

(d) the approved training provider must not grant an interim RCG certificate on behalf of the Secretary to a person without the written approval of the Secretary.

(7) If the Secretary grants an approval, the Secretary must issue the applicant with a written approval that sets out any conditions to which the approval is subject.

(8) If the Secretary refuses an application for approval, the Secretary must give notice of the refusal in writing to the applicant setting out the reasons for the refusal.

(9) The Secretary may vary any condition imposed by the Secretary (or previously by the Authority) on an approval, or suspend or cancel such an approval, but only after giving the holder of the approval an opportunity to make submissions.

(10) However, an opportunity to make submissions is not required to be given if the registered training organisation concerned no longer employs or engages a person who has the qualifications and experience referred to in subclause (5).

(11) A variation of the conditions of, or the suspension or cancellation of, an approval under this clause—

(a) must be by notice in writing, and

(b) must be served on the person to whom the approval relates, and

(c) takes effect on the day on which the notice is served or on a later day specified in the notice.

(12) An approval under this clause does not have effect while it is suspended.

(13) An approval under this clause may be renewed on application to the Secretary and payment of the relevant fee specified in Schedule 3.

(14) Unless sooner cancelled or renewed, an approval under this clause ceases to have effect on 30 June after 5 years from the date on which the approval is granted or renewed.

(15) In this clause—

registered training organisation means an NVR registered training organisation within the meaning of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth.

cl 58: Am 2022 (798), Sch 1[10]–[14]; 2024 (250), Sch 1[28] [29].

Part 4

Gaming-related licences

Part 4 Gaming-related licences

Submissions in relation to licence applications and applications for variation or revocation of licence conditions

59 Submissions in relation to licence applications and applications for variation or revocation of licence conditions

(1) Any submission to the Authority in relation to an application for a gaming-related licence, or an application for the variation or revocation of a condition of a gaming-related licence, must—

(a) specify details of the application to which the submission relates, and

(b) be made within 30 days of the date on which the application was made.

(2) Despite subclause (1), the Authority may, in any case that the Authority thinks fit, extend the period in which persons may make submissions in relation to any particular application or class of applications.

Referral of certain applications not required

60 Referral of certain applications not required

The Authority is not, under section 94 of the Act, required to refer to the Secretary an application for a gaming-related licence that is to be determined by a designated Public Service employee (within the meaning of section 3(1) of the Gaming and Liquor Administration Act 2007) acting under a delegation given by the Authority in respect of the application.

Applications by dealers

61 Applications by dealers

(1) If an application is made to the Authority for a dealer’s licence, the applicant must, within 2 working days of making the application, notify each of the following that the application has been made—

(a) the local police,

(b) the local consent authority,

(c) if the premises to which the application relates are, or will be, situated within 500 metres of the boundary of another local government area—the local consent authority for that other area.

(2) The notice must be in the form, and be given in the manner, approved by the Authority.

Notice relating to applications by dealers to be fixed to premises

62 Notice relating to applications by dealers to be fixed to premises

(1) If an application is made to the Authority for a dealer’s licence, a notice relating to the application that is in the form approved by the Authority must, within 2 working days of making the application, be fixed by the applicant to the premises to which the application relates.

(2) The notice must be fixed to the premises until the application is determined by the Authority.

(3) If premises have not been erected, the requirement to fix a notice relating to an application may be satisfied by fixing the notice to a notice board erected on the land on which it is proposed to erect the premises.

(4) A notice is not fixed to premises or land in accordance with this clause unless—

(a) it is fixed to the premises or land in such a position that it is legible to members of the public passing the premises or land, and

(b) if the Authority has directed that it also be fixed in another specified position—it is also fixed in that other position.

Notice of applications by dealers to be published

63 Notice of applications by dealers to be published

(1) The applicant for a dealer’s licence must publish notice of the application in a way the applicant considers appropriate to bring the notice to the attention of members of the public in the area in which the premises to which the application relates are located.

(2) The notice must—

(a) be published within 7 days of the date on which the application was made, and

(b) be in the form approved by the Authority.

cl 63: Subst 2022 (798), Sch 1[15].

Application for technician’s licence

64 Application for technician’s licence

In accordance with section 88(5) of the Act, an application for a technician’s licence may be made only by a natural person.

Allocation of serial numbers for gaming machines

65 Allocation of serial numbers for gaming machines

(1) A dealer must allocate a serial number to each approved gaming machine manufactured, assembled or sold by the dealer.

Maximum penalty—50 penalty units.

(2) The Authority is, from time to time, to allocate to a dealer a code consisting of 2 alphabetical characters that are unique to the dealer.

(3) For the purpose of this clause, serial numbers consist of 8 alphanumeric characters (preceded by the letter “X”) of the form “DDnnnnnn”. “DD” represents the unique dealer code referred to in subclause (2), and “nnnnnn” represents unique numbers allocated by the dealer or other numbers allocated by the Authority.

(4) Under special circumstances the Authority may require additional information to be included in a serial number.

Manufacture, assembly and repair of gaming machines

66 Manufacture, assembly and repair of gaming machines

(1) A dealer must not permit the manufacture, assembly or repair of an approved gaming machine to be undertaken on the dealer’s premises except under the supervision of a technician.

(2) A person must not remove a memory chip from a logic board unless the person is a technician employed by a dealer and does so in the course of the person’s employment.

Maximum penalty—20 penalty units.

Records and returns

67 Records and returns

(1) A dealer must keep a record, in the form approved by the Authority, in respect of every approved gaming machine or logic board sold by the dealer.

(2) The record must contain those of the following information that are relevant to the activities carried on by the dealer under the authority of the licence—

(a) the serial number of each approved gaming machine,

(b) the month and year of manufacture and assembly of each approved gaming machine or logic board,

(c) the name of the person to whom each approved gaming machine or logic board is sold,

(d) the date of sale, and the sale price, of each approved gaming machine or logic board,

(e) if an approved gaming machine or logic board that has not been sold leaves the dealer’s premises—

(i) the reason why it is not on the premises, and

(ii) the name of the person who took it away, and

(iii) a description of any licence or other authority which authorises that person to have possession of the gaming machine or logic board under the Act.

(3) At any time that the Authority may determine and notify by notice in writing served on the dealer, a dealer must—

(a) extract from the record made by the dealer under this clause any particulars that may be required by the notice, and

(b) furnish to the Authority—

(i) those particulars, and

(ii) a certificate that they are true and correct.

Maximum penalty—20 penalty units.

Use of gaming machines or logic boards for sales promotions

68 Use of gaming machines or logic boards for sales promotions

A dealer must not permit the sales promotion, by a seller, of an approved gaming machine or logic board under an arrangement by which the dealer parts with possession of the gaming machine or board for more than one month.

Maximum penalty—20 penalty units.

Dealers must notify Authority of defects, malfunctions and other irregularities

69 Dealers must notify Authority of defects, malfunctions and other irregularities

A dealer must, in respect of any approved gaming machine manufactured, assembled or sold by the dealer, notify the Authority as soon as the dealer becomes aware of either or both of the following—

(a) any defect or malfunction in any such gaming machine that could adversely affect the security or integrity of the gaming machine,

(b) if any such gaming machine has been manipulated by any person for fraudulent purposes.

Maximum penalty—50 penalty units.

Technician’s place of business

70 Technician’s place of business

(1) A technician must not, without the approval of the Authority, conduct the technician’s business on or from premises other than the premises approved by the Authority, at the time of grant of the technician’s licence, as being the premises on or from which the activities authorised by the licence are to be carried out.

Maximum penalty—20 penalty units.

(2) This clause does not prevent—

(a) a technician from conducting business at or from premises approved by the Authority, or

(b) a technician from carrying out the service, repair or maintenance of an approved gaming machine at a place where the gaming machine is lawfully in the possession of—

(i) the holder of a gaming-related licence, or

(ii) a hotelier or registered club.

Replacement of malfunctioning meters

71 Replacement of malfunctioning meters

A technician must not, except with the approval of the Authority, remove and replace any meter that has been installed in respect of an approved gaming machine unless the meter is not working properly.

Maximum penalty—20 penalty units.

Security of gaming machines

72 Security of gaming machines

A gaming-related licence is subject to a condition that the licensee must take all reasonable steps to ensure that approved gaming machines in the licensee’s possession are stored in a secure manner.

Notification of cessation of employment of licensee

73 Notification of cessation of employment of licensee

For the purposes of section 123 of the Act, the prescribed notification is a notification in writing containing the following particulars—

(a) the name of the employer concerned,

(b) if the employer is a registered club—

(i) its registration number, and

(ii) the name of its secretary,

(c) the date of termination of the contract and the reason for termination.

Notification of change in state of affairs of gaming-related licensee

74 Notification of change in state of affairs of gaming-related licensee

For the purposes of section 125 of the Act—

(a) a prescribed change in the state of affairs of the holder of a gaming-related licence is any change referred to in Column 1 of Schedule 1 that the licensee is aware of, and

(b) the prescribed particulars in respect of that change are those particulars set out next to the change concerned in Column 2 of Schedule 1 that the licensee knows or could find out by reasonable inquiry.

Consignment of gaming machines for development and testing before approval

75 Consignment of gaming machines for development and testing before approval

A dealer who consigns a gaming machine to a person for the provision of services in relation to its (or its components’) development and testing before it is submitted to the Authority for approval must, in respect of the gaming machine, make and keep a written record of the following—

(a) a description of the gaming machine,

(b) the name and address of the person who is to provide the services,

(c) the date and time of the delivery of the gaming machine from the dealer to the person,

(d) the nature of the work to be undertaken in relation to the gaming machine,

(e) the premises where the work is to be performed,

(f) the date and time of the return of the gaming machine from the person to the dealer.

Maximum penalty—20 penalty units.

Part 5

Intra-venue progressive gaming machines and progressive systems

Part 5 Intra-venue progressive gaming machines and progressive systems

Definitions

76 Definitions

In this Part—

authorised progressive gaming machine means a progressive gaming machine which the Authority has authorised a hotelier or registered club to keep in the hotel or on the club premises.

instalment period means an instalment period within the meaning of the Gaming Machine Tax Act 2001.

progressive gaming machine means an approved gaming machine that—

(a) contributes a percentage of the money wagered on it to a separate progressive jackpot pool or pools, and

(b) complies with the technical standards for progressive gaming machines approved by the Authority, and

(c) is specially approved by the Authority for the purposes of this Part, and

(d) has not been declared by the Authority as having ceased to be a progressive gaming machine.

cl 76: Am 2024 (250), Sch 1[30].

Keeping of progressive gaming machines and progressive systems

77 Keeping of progressive gaming machines and progressive systems

A hotelier or registered club must not—

(a) keep a progressive gaming machine that is not an authorised progressive gaming machine, or

(b) keep a progressive system that is not an authorised progressive system, or

(c) deliberately remove from play an authorised progressive gaming machine or authorised progressive system and in so doing deny players the opportunity to win existing progressive jackpots, unless removed under clause 80 or 82.

Maximum penalty—50 penalty units.

Display of information in relation to progressive systems

78 Display of information in relation to progressive systems

A hotelier or registered club must ensure that each approved gaming machine that is part of an authorised progressive system operated in the hotel or on the club premises clearly indicates—

(a) the progressive system to which the gaming machine is linked, and

(b) the identifying number of the gaming machine in relation to the progressive system.

Maximum penalty—50 penalty units.

Location of jackpot prize monitors for progressive systems

79 Location of jackpot prize monitors for progressive systems

A hotelier or registered club must not permit any monitor that is used to display the jackpot prize from an authorised progressive system kept in the hotel or on the club premises to be located in any part of the hotel or club premises other than—

(a) the bar area (within the meaning of the Liquor Act 2007) of the hotel or club premises, or

(b) in the case of a hotel that is required to have a gaming room under section 68 of the Act—the gaming room.

Maximum penalty—50 penalty units.

Malfunction of progressive gaming machines or progressive systems

80 Malfunction of progressive gaming machines or progressive systems

(1) A hotelier or registered club must not permit the operation of an authorised progressive gaming machine or authorised progressive system that does not function properly.

(2) In the event of such malfunction, the hotelier or club must cause the gaming machine or system to be removed from play immediately and cause a notice to be attached to the gaming machine or system indicating that it is faulty.

(3) If a turnover or progressive meter of an approved gaming machine that is an authorised progressive gaming machine or is linked to an authorised progressive system operated by a hotelier or registered club ceases to function or malfunctions, the hotelier or club must cause the approved gaming machine to be removed from play immediately.

Maximum penalty—50 penalty units.

Access to authorised progressive gaming machines or systems

81 Access to authorised progressive gaming machines or systems

A hotelier or registered club must not permit a person to access an authorised progressive gaming machine or authorised progressive system to correct minor faults, clear money or carry out any of the other functions required by or under any Act or regulation unless that person—

(a) has been nominated by the hotelier or by the club’s board or committee or its delegate, or

(b) is a technician, or

(c) is an inspector, or

(d) has the prior written approval of the Authority to do so.

Maximum penalty—50 penalty units.

Disposal of authorised progressive gaming machines or systems

82 Disposal of authorised progressive gaming machines or systems

(1) A hotelier or registered club must not—

(a) dispose of an authorised progressive gaming machine, or

(b) dispose of an authorised progressive system, or

(c) dispose of any accumulated progressive jackpot amounts on any such gaming machine or system, or

(d) make alternative use of any such progressive jackpot amounts,

unless the hotelier or club has received the Authority’s written approval to do so.

Maximum penalty—50 penalty units.

(2) A hotelier or registered club must not dispose of an authorised progressive gaming machine or authorised progressive system unless—

(a) all progressive jackpot amounts accumulated on the progressive gaming machine or progressive system have been won, or

(b) any accumulated progressive jackpot amounts are transferred to another authorised progressive gaming machine or other authorised progressive system in the hotel or on the premises of the club, or

(c) any accumulated progressive jackpot amounts are paid to the Secretary, or

(d) the Authority, in exceptional circumstances, approves of an alternative proposal to use any accumulated progressive jackpot amounts and the Authority is satisfied that those amounts are to be used in accordance with that proposal.

Maximum penalty—50 penalty units.

(3) An amount paid to the Secretary under subclause (2)(c) is—

(a) in the case of an amount paid by a hotelier, to be paid into the Community Development Fund, or

(b) in the case of an amount paid by a registered club, to be paid into the ClubGRANTS Fund established under section 17A of the Gaming Machine Tax Act 2001.

Details to be provided to Authority in connection with disposal of authorised progressive gaming machines or systems

83 Details to be provided to Authority in connection with disposal of authorised progressive gaming machines or systems

(1) A hotelier or registered club must comply with the requirements of this clause.

Maximum penalty—50 penalty units.

(2) In seeking approval to dispose of an authorised progressive gaming machine or authorised progressive system, or for an alternative proposal for use of accumulated progressive jackpot amounts, a hotelier or registered club must submit details of each proposal to the Authority.

(3) Any application by a hotelier or registered club to dispose of an authorised progressive gaming machine or authorised progressive system and to disperse accumulated progressive jackpot amounts must clearly indicate the proposed method of dispersing the amounts and include a time frame for the dispersal. The time frame is to be within 6 months of the disposal of the gaming machine or system (or any later time approved by the Authority generally or in a particular case).

(4) In seeking approval for an alternative proposal for use of accumulated progressive jackpot amounts, a hotelier or registered club must also describe the nature of any exceptional circumstances on which basis the proposal is made.

Unclaimed jackpot prizes

84 Unclaimed jackpot prizes

(1) If a jackpot prize won on any authorised progressive gaming machine or authorised progressive system kept or operated by a hotelier or registered club is not claimed by the prizewinner within the period of 12 months after the prize was won, the hotelier or registered club must, within 3 months after the end of that 12-month period, pay the amount of the unclaimed jackpot prize to the Secretary.

Maximum penalty—50 penalty units.

(2) Any amount paid to the Secretary under this clause is to be paid into the Community Development Fund.

Records and requirements relating to prizewinners

85 Records and requirements relating to prizewinners

A hotelier must keep or cause to be kept a written record with respect to the award or payment of each progressive jackpot prize won on any authorised progressive gaming machine or authorised progressive system kept or operated by the hotelier (other than monetary payments released directly by the gaming machine or system) and that contains the following particulars—

(a) the date of the award or payment,

(b) the serial number and gaming machine identification number of the gaming machine on which the award or payment was made,

(c) the number of credits accumulated that are to be redeemed,

(d) the amount of the prize or the value of the credits,

(e) the name, address and signature of the person to whom the award or payment was made,

(f) the name and signature of a nominee of the hotelier certifying that the nominee has seen the number of credits accumulated that are to be redeemed and that the record made in accordance with this clause is correct in all details.

Maximum penalty—50 penalty units.

Authorised progressive systems—reading and recording of meters and jackpot reconciliations

86 Authorised progressive systems—reading and recording of meters and jackpot reconciliations

(1) A hotelier must comply with the requirements of this clause.

Maximum penalty—50 penalty units.

(2) A hotelier must cause to be read and recorded in a form and manner approved by the Authority—

(a) monthly, the electronic turnover meters of an authorised progressive system that is operated in the hotel, and

(b) monthly, the amount shown on the progressive meters of any such authorised progressive system.

(3) A hotelier must carry out a monthly progressive jackpot reconciliation in respect of an authorised progressive system that is operated by the hotelier.

(4) The progressive jackpot reconciliation must be in or to the effect of a form approved by the Authority and must be retained by the hotelier for not less than 3 years after the reconciliation is carried out.

(5) On installation of a variation of an authorised progressive system, reconciliations of the jackpots accumulated as at the close of business on the first day of its operation in the hotel must be carried out by the hotelier on or by the next day on which the hotel is open for business. In addition, the first jackpots of each type paid and subsequent start-up values must be fully reconciled and accord with the characteristics of the system as approved and authorised by the Authority.

(6) If the reconciliation referred to in subclause (3) indicates that a malfunction has occurred with an authorised progressive system, the Authority may determine and direct the hotelier to adjust the progressive jackpot amount and pay an additional amount to a jackpot recipient, if applicable. The hotelier must comply with any such direction.

(7) The information referred to in subclause (4) must be reported by the hotelier to the Authority in a form approved by the Authority within 21 days after the end of each instalment period.

Guarantee of prize payments from authorised progressive machines and systems

87 Guarantee of prize payments from authorised progressive machines and systems

(1) A hotelier must comply with the requirements of this clause.

Maximum penalty—50 penalty units.

(2) If the prize pool on an authorised progressive gaming machine or authorised progressive system in a hotel exceeds $10,000, the hotelier must—

(a) establish with a financial institution a special account which is to have, at the time of each progressive jackpot reconciliation that is required under this Division, a balance equal to or greater than the total value of the progressive meters on each such authorised progressive gaming machine or system, or

(b) obtain, on the installation of the authorised progressive gaming machine or system, a formal guarantee from a financial institution, or from a person or body approved by the Authority, for an amount equal to the maximum jackpot on each such gaming machine or system, or

(c) enter into any other arrangements approved by the Authority in order to guarantee the payment of prizes.

(3) A hotelier must keep a written record, in a form approved by the Authority, of—

(a) any special account established under subclause (2)(a), or

(b) any guarantee obtained under subclause (2)(b), or

(c) any arrangement entered into under subclause (2)(c).

(4) The information contained in a record referred to in subclause (3) must be reported by the hotelier to the Authority in a form approved by the Authority within 21 days after the end of each instalment period.

Authorised progressive systems—reading and recording of meters and jackpot reconciliations

88 Authorised progressive systems—reading and recording of meters and jackpot reconciliations

(1) A registered club must comply with the requirements of this clause.

Maximum penalty—50 penalty units.

(2) A registered club must cause to be read and recorded in a form and manner approved by the Authority—

(a) monthly, the electronic turnover meters of the approved gaming machines comprising any authorised progressive system operated on the club premises, and

(b) monthly, the amount shown on the progressive meters of the authorised progressive system.

(3) A registered club must keep or cause to be kept a monthly written record of the readings made under subclause (2) in a form approved by the Authority containing the following particulars—

(a) the serial numbers and gaming machine identification numbers of the approved gaming machines comprising the authorised progressive system,

(b) the date of the reading,

(c) the turnover meter reading,

(d) the amount shown on the progressive meters.

(4) A registered club must carry out a monthly progressive jackpot reconciliation in respect of any authorised progressive system operated on the club premises.

(5) The progressive jackpot reconciliation must be in or to the effect of a form approved by the Authority and must be retained by the registered club for not less than 3 years after the reconciliation is carried out.

(6) On installation of a variation of any authorised progressive system on the premises of a registered club, reconciliations of the jackpots accumulated as at the close of business on the first day of its operation in the club must be carried out by the club on or by the next day on which the club is open for business. In addition, the first jackpots of each type paid and subsequent start-up values must be fully reconciled and accord with the characteristics of the system as approved and authorised by the Authority.

(7) If the reconciliation referred to in subclause (4) indicates that a malfunction has occurred with an authorised progressive system on the club premises, the Authority may determine and direct the registered club to adjust the progressive jackpot amount and pay an additional amount to a jackpot recipient, if applicable. The club must comply with any such direction.

(8) The information referred to in subclause (5) must be reported to the registered club’s board or committee at least once in each month.

(9) A registered club must ensure that the results of approved gaming machines in respect of an authorised progressive system on the club premises are, in any net analysis report, kept separate from the results of all other approved gaming machines on the club premises.

Guarantee of prize payments from authorised progressive machines and systems

89 Guarantee of prize payments from authorised progressive machines and systems

If the prize pool on an authorised progressive gaming machine or authorised progressive system on the premises of a registered club exceeds $20,000, the club must—

(a) establish with a financial institution a special account which is to have, at the time of each progressive jackpot reconciliation required under this Division, a balance equal to or greater than the total value of the progressive meters on each such authorised progressive gaming machine or system, or

(b) obtain, on the installation of the authorised progressive gaming machine or system, a formal guarantee from a financial institution for an amount equal to the maximum jackpot on each such gaming machine or system.

Maximum penalty—50 penalty units.

Part 6

Player cards and accounts

Part 6 Player cards and accounts

Definitions

90 Definitions

In this Part—

account card has the meaning it has in section 45B of the Act.

electronic payment gaming machine has the meaning it has in section 45B of the Act.

player account has the meaning it has in section 45B of the Act.

player card has the meaning it has in section 45B of the Act.

Smartcard has the meaning it has in section 45B of the Act.

Compliance with requirements of this Part

91 Compliance with requirements of this Part

A hotelier or registered club must comply with the requirements of this Part.

Maximum penalty—50 penalty units.

Issuing of player cards

92 Issuing of player cards

(1) A player card must not be issued to a person who is under the age of 18 years.

(2) A player card must not be issued to a person unless the person provides a responsible person for the hotel or registered club with documentary proof of the person’s identity.

(3) Only one player card per person may be issued by a hotelier or registered club. However, this subclause does not prevent a hotelier or club from issuing a person with another player card as a replacement for one that has been lost, stolen or destroyed.

(4) A hotelier or registered club must not issue a player card to a person unless the warning and information contained in the notices referred to in clause 22 are provided to the person.

Participation in player reward schemes

93 Participation in player reward schemes

(1) If—

(a) a hotelier or registered club conducts a player reward scheme within the meaning of section 45 of the Act, and

(b) any of the approved gaming machines used in connection with the player reward scheme are electronic payment gaming machines,

any person to whom the hotelier or club issues a player card must be given the option of choosing whether or not to participate in the player reward scheme.

(2) The option must be made available at all times to the person.

Player accounts

94 Player accounts

(1) A hotelier or registered club must not allow a person to open more than one player account with the hotelier or club at the one time.

(2) The hotelier or registered club must not extend a cash advance or any other form of credit in respect of a player account.

(3) The following information must be provided to a person in writing at the time the person opens a player account—

The security of money in player accounts is the responsibility of both the *hotelier/*registered club (*delete whichever is inapplicable) and the account holder. The government and its agencies take no responsibility for any losses that might occur from the account.

An account holder is solely responsible for ensuring that the account holder’s personal identification number (“PIN”) is kept confidential and that no other person has access to the account holder’s player card. The account holder is liable for any losses that might arise from, or in connection with, the account holder’s failure to comply with such responsibilities.

(4) Player information within the meaning of clause 19 must be provided to a person when the person opens a player account.

(5) Any money that is held by a hotelier or registered club in a player account must—

(a) be kept separate from any other funds or accounts held or maintained by the hotelier or registered club, and

(b) not be used by the hotelier or registered club for any purpose.

Maximum amount held in player accounts or stored on Smartcards

95 Maximum amount held in player accounts or stored on Smartcards

The amount of money that can be held in a player account or stored on a Smartcard must not exceed $5,000.

Transaction records—player accounts

96 Transaction records—player accounts

(1) A transaction record must be provided on each occasion any money is paid into or withdrawn from a player account.

(2) The transaction record must include the following information—

(a) the type of transaction completed,

(b) the amount of money involved,

(c) the time and date of the transaction,

(d) the current balance in the player account.

(3) Subclause (2) does not limit the information that may be included in a transaction record.

More sections below

Source text: opening excerpt

Sourced from legislation.nsw.gov.au, CC BY 4.0.

Part 1 Preliminary

1 Name of Regulation

This Regulation is the Gaming Machines Regulation 2019.

2 Commencement

This Regulation commences on 1 September 2019 and is required to be published on the NSW legislation website.

Note.

This Regulation replaces the Gaming Machines Regulation 2010, which is repealed on 1 September 2019 under section 10(2) of the Subordinate Legislation Act 1989.

3 Definitions

(1) In this Regulation—

authorised progressive system means a progressive system that the Authority has authorised a hotelier or registered club to operate in the hotel or on the club premises.

cash-back terminal means a customer-operated payment machine that enables gaming machine players to cash in their credits or winnings.

cash dispensing facility, for Part 3, Division 2—see clause 25A.

dealer means the holder of a dealer’s licence.

dealer’s premises, in relation to a dealer, means the premises or part of premises on or from which the dealer is authorised by the dealer’s licence to carry on the business or other activity authorised by the licence.

employee, for Part 3, Division 4A—see clause 50A.

gambling harm, for Part 3—see clause 18A.

gambling incident register, for Part 3—see clause 18A.

gaming area, for Part 3, Division 2—see clause 25A.

gaming plan of management, for Part 3, Division 4B, Subdivision 2—see clause 50O.

Liquor & Gaming NSW means the part of the Department of Enterprise, Investment and Trade known as Liquor & Gaming NSW.

logic board means a logic board of, or for incorporation into, an approved gaming machine.

memory chip means the verifiable read-only memory component of an approved gaming machine that stores the executable program or other fixed data.

multi-terminal gaming machine has the same meaning as in section 61 of the Act.

progressive system—