Part 1 Preliminary
1 Name of Regulation
This Regulation is the Liquor Regulation 1996.
2 Commencement
This Regulation commences on 1 September 1996.
3 Definitions
(1) In this Regulation:Infringement Processing Bureau means the Infringement Processing Bureau within the Police Service.IPB Code, in relation to an offence, means the code allocated to the offence by the Infringement Processing Bureau., in relation to premises or proposed premises, means:(a) (unless paragraph (b) applies) the council in whose area (within the meaning of the Local Government Act 1993) the premises are, or will be, situated, or(b) if consent to the carrying out of development on the land concerned is required from a person or body other than the council—that person or body.local court district means a district appointed under section 6 (1) of the Local Courts Act 1982 for which a local court may be held.Sydney Metropolitan Area means the local court districts of Eastern Metropolitan, Manly-Warringah, Northern Metropolitan, Parramatta, Southern Metropolitan and Western Metropolitan.the Act means the Liquor Act 1982.(2) Expressions used in this Regulation which are defined in the Act have the meanings set out in the Act.cl 3: Am 1998 No 29, Sch 2.7; 17.12.1999.
4 Notes
The explanatory note and table of contents do not form part of this Regulation.
4A Prescribed substances
(1) For the purposes of paragraph (c) of the definition of liquor in section 4 (1) of the Act, an alcohol-based food essence that is packaged:(a) in the case of vanilla essence (whether natural or imitation)—in a container of more than 100 millilitres capacity, oris prescribed, except in circumstances where the alcohol-based food essence is sold in that container by wholesale.(b) in any other case—in a container of more than 50 millilitres capacity,(2) In this clause:alcohol-based food essence means a food flavouring preparation in liquid form that, at 20° Celsius, contains more than 1.15 per cent ethanol by volume.cl 4A: Ins 17.12.1999.
5 Persons authorised to sell liquor
(1) For the purposes of paragraph (d) of the definition of in section 4 (1) of the Act, the holder of a licence issued under section 18 of the Act (as modified and applied to and in respect of a casino by the Casino Control Regulation 1995 made under the Casino Control Act 1992) is prescribed.(2) Subclause (1) does not apply in respect of the term as used in section 80 (3) (b) of the Act.
5A Auction of liquor
For the purposes of section 6 (e) of the Act, the prescribed circumstances are as follows:(a) where the liquor is auctioned as part of an auction held to dispose of all or part of the contents of a warehouse or similar commercial premises (being premises where auctions are not regularly held), and the auction is held at those premises,(b) where the liquor is auctioned as part of an auction held to dispose of all or part of the contents of a private dwelling (being a dwelling where auctions are not regularly held), and the auction is held at the dwelling.cl 5A: Ins 17.9.1999.
6 Wine
For the purposes of the definition of wine in section 4 (1) of the Act, cider, perry and mead are prescribed as wine.
7 Prescribed places
In accordance with section 5 (2) of the Act, the cities and towns specified in Schedule 1 are declared to be prescribed places for the purposes of the Act.
Part 2 Applications
Division 1 Lodgment of applications
8 Form of application
(1) An application under the Act must be made in a form approved by the Board.(2) An application must be lodged in triplicate. If the application is required to be advertised, the notice of hearing of the application must be lodged in quadruplicate.(3) An application (other than an application for transfer of a licence) must be accompanied by an affidavit setting out the facts on which the applicant proposes to rely.(4) Any affidavit required by this Regulation or the Act to accompany an application must be lodged in triplicate.
9 Application for on-licence (function)—additional requirements
(1) The affidavit accompanying an application for an on-licence to sell liquor at a function must include:(a) a statement in relation to each function to which the application relates:(i) specifying the nature of the function, and(ii) specifying the proposed date of the function, and(iii) describing and identifying the exact location where the function is proposed to be held, and(iv) specifying the manner in which it is proposed to sell and supply liquor at the function, and(v) specifying the proposed trading hours, and(vi) if the application is made by the holder of a hotelier’s licence—the name and address of the premises to which the licence relates, and(vii) specifying the estimated quantity of each kind of liquor that will be purchased for sale or supply under the authority of the licence (except where the application is made by the holder of a hotelier’s licence), and(viii) if the application is made by or on behalf of a non-proprietary association—specifying particulars of each on-licence to sell liquor at a function granted during the last preceding period of one year on an application made by or on behalf of that association, and(b) if the function is a trade fair—a statement to that effect specifying the name of the trade fair, and(c) if any function to which the application relates is a function of a non-proprietary association—a statement to that effect in relation to each such function, specifying the name of the association, indicating why it is claimed to be a function of the association and confirming that the association, by its constitution or any law that governs its activities:(i) is required to apply its profits, if any, and other income to the promotion of its objects or to purposes provided for by any such law, and(ii) is prohibited from paying dividends or distributing profits or income to its shareholders or members.(2) The affidavit accompanying an application to the Licensing Court for approval to sell liquor at an additional function or functions (section 18 (5B) (b) of the Act) need only include (in relation to each function) a statement as to the matters set out in subclause (1) (a) (i)–(v).(3) An application for an on-licence to sell liquor at a function other than a trade fair must be accompanied by a copy of the constitution of the non-proprietary association on whose behalf the application is made.cl 9: Am 5.3.1999.
10 Plans to accompany certain applications
An application:(a) for a licence other than:(i) an off-licence to auction liquor, or(ii) an on-licence for an aircraft, or(iii) a temporary on-licence (function), or(iv) an amusement device seller’s licence or an amusement device technician’s licence, or(b) for an authorisation under section 88 or 112 of the Act, or(c) for a variation of trading hours under section 25 (except subsection (4)) or 35D of the Act, or(d) under section 49 (2) of the Act (modification of accommodation requirements), ormust be accompanied by 3 copies of a plan, properly drawn to scale, of the premises in respect of which the application is made or, in the case of an application for removal of a licence, of the premises to which it is desired to remove the licence.(e) for removal of a licence,cl 10: Am 21.2.1997; 5.3.1999.
11 Application fees (sections 37 (4) and 111E of the Act)
The fees to accompany applications are as follows:
12 Lodgment of applications
(1) An application must be lodged with the Principal Registrar if the licensed premises to which the application relates are, or will be, in the Sydney Metropolitan Area.(2) An application for a gaming-related licence must be lodged with the Principal Registrar.(3) Any other application must be lodged:(a) with the registrar at the prescribed place at, or nearest to which, the licensed premises to which the application relates are, or will be, located, or(b) with the consent of the Principal Registrar—with the Principal Registrar, or(c) as the Licensing Court directs.(4) Immediately after fixing the date for the hearing of an application, the Principal Registrar or registrar must send a copy of the application to the Commissioner of Police and the Director of Liquor and Gaming.
13 Venue for hearing of applications (section 11 (3) of the Act)
(1) The venue for the hearing of an application is:(a) Sydney (if the application is required by this Regulation to be lodged with the Principal Registrar), or(b) if the application is required by this Regulation to be lodged with the registrar at a prescribed place—that prescribed place or, with the consent of the Principal Registrar, Sydney.(2) An application is to be heard at another venue if the Licensing Court so directs.
14 Grounds of objections to applications
A notice of objection to an application must specify the ground or grounds on which the objection is taken.
Division 2 Advertisement of applications
15 Definition
(1) In this Division:application means:(a) an application for a licence other than:(i) an on-licence for an aircraft or to sell liquor at a function, or(ii) an amusement device seller’s licence or an amusement device technician’s licence, or(b) an application for removal of a licence, or(c) an application for revocation or variation of a condition of a licence (other than an application for the revocation or variation of a condition imposed under section 161 (1) of the Act), or(c1) an application for a dine-or-drink authority:(i) that is intended to be endorsed on an existing on-licence relating to a restaurant, or(ii) that is made in conjunction with an application for an on-licence relating to a restaurant (being an on-licence on which the authority is intended to be endorsed), or(c2) an application for a dine-or-drink authority:(i) that is intended to be endorsed on an existing nightclub licence, or(ii) that is made in conjunction with an application for a nightclub licence (being a nightclub licence on which the authority is intended to be endorsed), or(d) an application under section 25 of the Act (except subsection (4)) for a variation of hotel trading hours, or(e) an application under section 27 of the Act to extend Sunday trading hours under an off-licence to sell liquor by retail, or(f) an application for a variation of trading hours (on-licence (restaurant)) under section 32 (1) of the Act, or(f1) an application for a variation of trading hours (nightclub licence) under section 35D of the Act or under clause 63 of Schedule 1 to the Act,(g) except where, in a particular case, a licensing magistrate otherwise directs—an application under section 49 of the Act to dispense with a requirement or condition for the provision of residential or other accommodation, or(h) if a licensing magistrate or the Licensing Court directs that this clause applies to some other specified application—that application.(2) Despite paragraph (a) of the definition of application, an application for an on-licence to sell liquor at a function is an application for the purposes of this Division to the extent that such an application is expressly referred to in this Division.cl 15: Am 21.2.1997; 30.10.1998; 5.3.1999; 17.9.1999; 17.12.1999.
16 Applications to be advertised in newspapers
(1A) This clause applies to an application other than:(a) an application for a dine-or-drink authority that is intended to be endorsed on:(i) an existing on-licence relating to a restaurant, or(ii) an existing nightclub licence, or(b) an application that relates to a community liquor licence.(1) An applicant must advertise an application to which this clause applies in a newspaper that circulates throughout New South Wales and:(a) in the case of an application for removal of a licence:(i) if a local newspaper circulates both in the area from which, and in the area to which, the licence is proposed to be removed—in such a newspaper, and(ii) in any other case—in a local newspaper that circulates in the area from which the licence is proposed to be removed and in a local newspaper that circulates in the area to which the licence is proposed to be removed, or(b) in the case of any other application—in a local newspaper that circulates in the area in which the licensed premises to which the application relates are, or will be, located.(2) The advertisement must be published 14 clear days before the date fixed by the registrar for the hearing of the application.(3) The advertisement must include the following:(a) the full name and address of the applicant,(b) the purpose of the application,(c) the name and location of the licensed premises or proposed licensed premises,(d) the date and place fixed for the hearing of the application.(4) For the purposes of subclause (1):(a) an application for a dine-or-drink authority made in conjunction with an application for an on-licence relating to a restaurant and an application for an on-licence to which the authority relates, ormay be contained in the same advertisement.(b) an application for a dine-or-drink authority made in conjunction with an application for a nightclub licence and an application for a nightclub licence to which the authority relates,(5) An applicant for a permanent on-licence (function) must advertise the application:(a) in a local newspaper that circulates in the area in which the licensed premises to which the application relates are, or will be, located, and(b) in accordance with subclauses (2) and (3).cl 16: Am 30.10.1998; 5.3.1999; 17.9.1999; 17.12.1999.
16A Advertising of community liquor licence applications
An applicant must advertise an application that relates to a community liquor licence:(a) in a local newspaper that circulates in the area in which the licensed premises to which the application relates are, or will be, located, and(b) in accordance with clause 16 (2) and (3).cl 16A: Ins 17.12.1999.
17 Fixing of copies of applications to premises
(1) A copy of an application, with the date for hearing inserted in it, must be fixed by the applicant:(a) in the case of an application for removal of a licence—to the premises from which, and to the premises to which, it is proposed to remove the licence, and(b) in any other case—to the licensed premises, or proposed licensed premises, to which the application relates.(2) The copy must be at least of the same print and paper size as the application.(3) The copy must be fixed to the premises for the whole of the period of 14 days preceding the date for hearing.(4) If premises have not been erected, the requirement to fix a copy of an application to premises may be satisfied by fixing the copy to a notice board erected on the land on which it is proposed to erect the premises.(5) A copy of an application 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 Board has directed that it also be fixed in another specified position—it is also fixed in that other position.
18 Service of copies of applications on local authorities and police
(1) An applicant must serve a copy of the application, with the date of hearing inserted in it:(a) in the case of an application for removal of a licence—on the local consent authority for the area in which the premises from which it is proposed to remove the licence are situated and on the local consent authority for the area in which the premises to which it is proposed to remove the licence are, or will be, situated, and(b) in any other case—on the local consent authority for the area in which the premises to which the application relates are, or will be, situated.(2) The copy must be served not later than 14 days before the date of hearing of the application.(3) An applicant for a permanent on-licence (function) must serve a copy of the application, with the date of hearing inserted in it, in accordance with subclauses (1) (b) and (2).(4) For the purposes of section 51 (3) (a) of the Act, an applicant for a temporary on-licence (function), or an approval of an additional function under a permanent on-licence (function), must provide:(a) a copy of the application to the local consent authority for the area in which the premises to which the application relates are situated, not later than 3 working days after the application is lodged in accordance with clause 12, and(b) a copy of the application to the Patrol Commander at the police station nearest to the premises to which the application relates, not later than 3 working days after the application is lodged in accordance with clause 12.cl 18: Am 5.3.1999.
Part 3 Conditions of licences and dine-or-drink authorities
pt 3, hdg: Am 30.10.1998.
Division 1 General
19 Display of name of licensed premises
The sign required by section 91 (1) of the Act to appear and be maintained on the front of licensed premises:(a) must appear and be maintained near the principal public entrance to the premises in such a manner that it may be read from the part of a public place to which the front of the premises abuts, and(b) must, in addition to the name for the premises and the name of the licensee, specify the type of licence held.
20 Prohibited names
(1) This clause commences on 1 September 1997.(2) For the purposes of section 91 of the Act, the following are prohibited names:(a) for licensed premises except a hotel, wine bar, nightclub, premises to which a community liquor licence relates, restaurant the on-licence relating to which is endorsed with a dine-or-drink authority, or restaurant that has an authorised reception area: a name that uses the word “bar” in such a manner as to suggest that liquor may be sold or supplied for consumption on the premises without a meal,(b) for any licensed premises: a name that uses the word “club” in such a manner as to suggest that the premises are a registered club,(c) for any licensed premises except a hotel or nightclub: a name that uses the words “night spot” or “nightclub” or other words that suggest a nightclub.(3) Despite subclause (2), a name that immediately before 1 September 1997 was a name noted on the licence relating to licensed premises is not a prohibited name for those premises until the licence is surrendered or cancelled.(4) Nothing in subclause (2) is to be taken as prescribing any prohibited names for premises that are licensed premises only because there is an on-licence in force to sell liquor at a function held on those premises.(5) Despite subclause (2) (a), for the purposes of section 91 of the Act, a name is a prohibited name for a restaurant the on-licence relating to which is endorsed with a dine-or-drink authority, or for a restaurant that has an authorised reception area, if the name uses the word “bar” in such a manner as to suggest that the restaurant has a bar at which liquor may be sold or supplied in a manner that would not be consistent with the conditions of the licence for the premises.(6) For the purposes of section 91 (2E) of the Act, the name “community hotel” is permitted for use in relation to licensed premises to which a community liquor licence relates.(7) In subclause (2):nightclub means premises in respect of which a nightclub licence is in force.wine bar means premises in respect of which a licence referred to in section 21A of the Act is in force.cl 20: Am 21.2.1997; 30.10.1998; 17.12.1999.
21 Display of licence
(1) Every licence (other than a gaming-related licence) is subject to a condition that the licence must at all times be prominently displayed on a part of the licensed premises accessible to the public during trading hours.(2) This clause does not apply to a licence during any time when it is in, or in transit to or from, the custody of the Licensing Court.
22 Affidavit that person other than licensee is interested in business
An affidavit required by the condition imposed by section 101 (4A) of the Act must be lodged in triplicate.cl 22: Am 30.7.1999.
Division 2
23, 24 (Repealed)
pt 3, div 2 (cll 23, 24): Rep 5.3.1999.
Division 2A Dine-or-drink authority
pt 3, div 2A: Ins 30.10.1998.
24A Definition
For the purposes of this Division, a licensee means the holder of an on-licence relating to a restaurant, being an on-licence that is endorsed with a dine-or-drink authority.cll 24A: Ins 30.10.1998.
24B Records of food and liquor sales
For the purposes of section 23AD (3) of the Act, it is a condition of a dine-or-drink authority that:(a) the licensee maintains proper and accurate records that show the total monthly liquor sales and the total monthly food sales for the restaurant to which the authority relates, and(b) such records are made available for inspection on request by a police officer or special inspector at any reasonable time.cll 24B: Ins 30.10.1998.
24C Advertising of restaurant
For the purposes of section 23AD (3) of the Act, it is a condition of a dine-or-drink authority that is endorsed on an on-licence relating to a restaurant that the licensee is not to advertise the restaurant to which the authority relates in a manner that is inconsistent with the primary purpose of the premises, as referred to in section 23 (2A) of the Act (including, for example, advertising the restaurant only as a drinking bar or as other such premises that have as their primary purpose the sale of liquor).cll 24C–24E: Ins 30.10.1998. Am 17.12.1999.
24D Increase in seated dining positions
For the purposes of section 23AD (3) of the Act, it is a condition of a dine-or-drink authority that is endorsed on an on-licence relating to a restaurant and that authorises 100 or fewer seated dining positions that the number of seated dining positions at the restaurant to which the authority relates may exceed 100 only if:(a) the increase in seated dining positions is otherwise authorised under the Act, and(b) the difference between:(i) the prescribed fee paid for the dine-or-drink authority under section 56 (9) of the Act, andhas been paid.(ii) the prescribed fee applicable to a dine-or-drink authority authorising over 100 seated dining positions for premises in the same area as the restaurant concerned,cll 24C–24E: Ins 30.10.1998. Am 17.12.1999.
24E Display of notice advising public of dine-or-drink authority
For the purposes of section 23AD (3) of the Act, it is a condition of a dine-or-drink authority (whether endorsed on an on-licence relating to a restaurant or on a nightclub licence) that:(a) a notice is to be displayed, at or near the main public entrance to the restaurant or nightclub, that clearly indicates that the restaurant or nightclub is a dine-or-drink venue, and that clearly states the percentage of seated dining positions available for diners under the authority (for example, in the case of a restaurant, “Dine-or-drink—This licensed restaurant serves diners and drinkers, with 70% of seats reserved for diners.” or, in the case of a nightclub, “Dine-or-drink—Prior to 8pm, this nightclub serves diners and drinkers, with 70% of seats reserved for diners.”), and(b) the wording in the notice is legible and prominent, and(c) the notice is displayed in such a manner that it would be reasonable to expect that a person entering the premises would reasonably be expected to be alerted to the contents of the notice.cll 24C–24E: Ins 30.10.1998. Am 17.12.1999.
Division 3 On-licence (restaurant)
25 Reception areas
(1) Application for authority to establish or alter a reception area in a restaurant may not be made if the granting of the application would result in there being more than one reception area in the restaurant.(2) A reception area must be physically defined in a manner approved by the Licensing Court to distinguish it from the part of the restaurant in which meals are served to customers.(3) A reception area must be so located that the principal public entrance to the restaurant is not within the reception area.(4) The maximum number of seats in a reception area must be in accordance with the following Table:Table
26 (Repealed)
cl 26: Am 30.10.1998; 26.11.1999. Rep 25.8.2000.
Division 4 Caterer’s licences
27 Notice to be given of proposals to provide catering services on premises other than the premises comprising the commercial kitchen specified in the licence
(1) A caterer’s licence is subject to a condition that the licensee must give written notice of any proposal to provide catering services at a function, occasion or event to be held on premises other than the premises comprising the commercial kitchen specified in the licence (or premises contiguous with that commercial kitchen) to:(a) the local consent authority, andfor the area in which the other premises are situated.(b) the police patrol commander,(2) The notice must include the following details:(a) the address of the premises on which the function, occasion or event is to be held,(b) the name of the occupier of those premises,(c) the nature of the function, occasion or event,(d) the number of persons for whom catering services are to be provided at the function, occasion or event,(e) the date on which, and the hours during which, the function, occasion or event is to be held.(3) The notice must be given not less than 14 days before the date on which the function, occasion or event is to be held.
28 Objections to the sale or supply of liquor under a caterer’s licence at premises other than the premises comprising the commercial kitchen specified in the licence
(1) An objection to the proposed sale or supply of liquor under a caterer’s licence at a function, occasion or event to be held on premises other than the premises comprising the commercial kitchen specified in the licence (or premises contiguous with that commercial kitchen) may be made:(a) by a person authorised by the local consent authority, orfor the area in which the other premises are situated.(b) by the police patrol commander,(2) Any objection must be lodged with the Licensing Court within 7 days after notice of the proposal has been given under clause 27.(3) An objection may be taken:(a) on the ground that the premises on which the function, occasion or event is to be held are in the immediate vicinity of a place of public worship, a hospital or a school, or(b) on the ground that the quiet and good order of the neighbourhood in which those premises are situated are likely to be disturbed if liquor is sold or supplied at the function, occasion or event, or(c) on any other ground that the Licensing Court is satisfied is not frivolous or vexatious.(4) An objection may not be heard unless a copy of the objection has been given to:(a) the holder of the caterer’s licence, andat least 3 days before the hearing.(b) the occupier of the premises on which the function, occasion or event is to be held,(5) After hearing an objection under this clause, the Licensing Court may:(a) dismiss the objection, or(b) make an order prohibiting the holder of the licence from selling or supplying liquor under the licence at the function, occasion or event, or(c) make an order imposing conditions on the sale or supply of liquor under the licence at the function, occasion or event.
29 Restrictions on selling or supplying liquor under licences
A caterer’s licence is subject to the following conditions:(a) that the licensee must not (otherwise than with the consent of the Board) sell or supply liquor under the licence at any function, occasion or event:(i) if the licensee is the holder of any other licence under the Act which authorises the licensee to sell or supply liquor, or(ii) (Repealed)(b) that the licensee must not sell or supply liquor under the licence at any function, occasion or event if the Licensing Court has (not less than 7 days before the date on which the function, occasion or event is to be held) made an order prohibiting the selling or supplying of liquor under the licence at that function, occasion or event.cl 29: Am 17.12.1999.
Division 5 Off-licences
30 Off-licence (vigneron)—maximum quantities of liquor which may be sold or supplied
For the purposes of section 22 (1) (d) of the Act, the quantities prescribed are quantities that do not exceed 45 litres.
31 Off-licence to auction liquor—keeping of records
An off-licence to auction liquor is subject to a condition that all records required to be kept by the licensee by or under the Act must be kept at a place approved by the Board.
Part 4 Minors
32 Definition
For the purposes of the definition of responsible adult in section 4 (1) of the Act, a person who is of or above the age of 18 years and who, in relation to a minor, belongs to one or more of the following classes of persons is, in relation to the minor, a responsible adult for the purposes of the Act:(a) a parent, step-parent or guardian of the minor,(b) the minor’s spouse or any person who, although not legally married to the minor, ordinarily lives with the minor as the minor’s spouse on a permanent and domestic basis,(c) a person who is, for the time being, in loco parentis to the minor.
32A Minors functions authority
(1) For the purposes of section 111B of the Act, the appropriate member of the Police Service is a police officer who holds or is for the time being acting in the position of Patrol Commander of the area in which the relevant licensed premises are located.(2) For the purposes of section 111C of the Act, a minors functions authority is subject to the following conditions:(a) no liquor in the possession or under the control of the licensee is to be located in any function area or access area specified in the authority while a function is being held under the authority unless it is kept in a locked storage facility to which only the licensee or any employee of the licensee has access,(b) the licensee is to take all reasonable steps to prevent liquor from being brought into any function area or access area specified in the authority while a function is being held under the authority,(c) the licensee and any employee of the licensee must refuse to admit a minor to a function being held under the authority if the licensee or the employee reasonably suspects that the minor has recently consumed liquor,(d) the licensee is to take all reasonable steps to ensure that no person under the age of 15 years is admitted to a function held under the authority,(e) the licensee is to ensure that, while a function is being held under the authority, signs are displayed at any means of access from a function area or access area specified in the authority to any other area of the licensed premises indicating that minors attending the function must not enter that other area,(f) the licensee is to ensure that, while a function is being held under the authority, signs are displayed at any means of access to a function area or access area specified in the authority from any other area of the licensed premises indicating that liquor must not be brought into the function area or access area,(g) the licensee must ensure that no person (other than an adult who will be supervising the function, a person providing services for the function or an employee of the licensee) is admitted to a function held under the authority without a ticket purchased from the licensee or an agent of the licensee before the function,(h) the licensee must ensure that at any time during a function held under the authority the number of persons in any function area or access area specified in the authority does not contravene any requirement of the relevant approval of the area as a place of public entertainment under the Local Government Act 1993,(i) any function held under the authority is to end no later than midnight on the day on which the function is held unless the court imposes a condition on the authority requiring such functions to end earlier than that time,(j) the licensee is to ensure that all minors attending any function held under the authority leave the licensed premises within 15 minutes after the end of the function,(k) any advertising for a function to be held under the authority is to indicate that the function will be alcohol-free, that adult supervision will be provided, that entry will be by way of pre-sold ticket only and that any minor who is suspected of having consumed alcohol or of being under the age of 15 years will not be admitted to the function,(l) the licensee is to keep a register specifying the dates on which functions are held under the authority, the nature of each of the functions, the number of minors who attended each of the functions and the number of adults supervising each of the functions,(m) the licensee is to give written notice of the holding of a function under the authority to the appropriate member of the Police Service referred to in subclause (1) at least 7 clear days before the function is held.cl 32A: Ins 27.9.1996.
33 Sale or supply of liquor to minors—notice to be displayed
(1) A licensee must cause a notice in the following form to be displayed in the licensed premises:LIQUOR ACT 1982IT IS AN OFFENCE TO SELL OR SUPPLY TO OR TO OBTAIN LIQUOR ON BEHALF OF A PERSON UNDER THE AGE OF 18 YEARS(2) The words contained in the notice must be in capital letters not less than one centimetre in height.(3) The notice must be prominently displayed:(a) in the case of premises where liquor is sold at a bar or counter—at the bar or counter, in such a manner and in such a position that a person standing at the bar or counter would reasonably be expected to be alerted to its contents, and(b) in the case of premises where liquor is not sold at a bar or counter but is otherwise sold—at or near every entrance by which members of the public may enter the premises, in such a manner and in such a position that a person coming in by the entrance would reasonably be expected to be alerted to its contents.(4) Despite subclause (1), a notice that complied with clause 24A of the Liquor Regulation 1983, as in force immediately before 1 September 1996, may continue to be used until the expiration of 4 years and 6 months from that date or until the date the notice is replaced, whichever happens first.Maximum penalty (subclauses (1)–(3)): 20 penalty units.cl 33: Am 30.7.1999.
33A Sale of liquor through an internet site—notice to be displayed
(1) For the purposes of section 116C (3C) of the Act, the prescribed form of notice that must be displayed at all times on an internet site through which a licensee offers liquor for sale is as follows:LIQUOR ACT 1982IT IS AN OFFENCE TO SELL OR SUPPLY TO OR TO OBTAIN LIQUOR ON BEHALF OF A PERSON UNDER THE AGE OF 18 YEARS(2) The words contained in the prescribed form must be big enough to ensure that a person accessing the internet site would reasonably be expected to be alerted to the contents of the sign.Note—Schedule 1 to the Act (Savings and transitional provisions) provides that section 116C (3C) of the Act does not apply to an internet site that existed at the date of commencement of that subsection (that is, at 1 September 2000) until 6 months after that date (that is, 1 March 2001).cl 33A: Ins 25.8.2000.
34 Restricted areas in hotels—notice to be displayed
(1) For the purposes of section 116C (1) (a) of the Act, a notice referred to in that paragraph must be in the following form:LIQUOR ACT 1982IF YOU ARE UNDER 18 YOU ARE NOT PERMITTED BY LAW IN THIS AREA OF THE HOTEL(2) The words contained in the notice must be in capital letters not less than one centimetre in height.(3) The notice must be displayed in such a manner and in such a place that it would be reasonable to expect that a person entering the part of the premises in which the notice is displayed would reasonably be expected to be alerted to its contents.(4) Despite subclause (1), a notice that complied with clause 25 of the Liquor Regulation 1983, as in force immediately before 1 September 1996, may continue to be used until the expiration of 4 years and 6 months from that date or until the date the notice is replaced, whichever happens first.cll 34: Am 30.7.1999.
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35 Use of part of hotel by accompanied minors—notice to be displayed
(1) For the purposes of section 116C (1) (b) of the Act, a notice referred to in that paragraph must be in the following form:LIQUOR ACT 1982IF YOU ARE UNDER 18 YOU ARE BY LAW NOT PERMITTED TO BE IN THIS AREA OF THE HOTEL UNLESS YOU ARE IN THE COMPANY AND IMMEDIATE PRESENCE OF A RESPONSIBLE ADULT(2) The words contained in the notice must be in capital letters not less than one centimetre in height.(3) The notice must be displayed in such a manner and in such a place that it would be reasonable to expect that a person entering the part of the premises in which the notice is displayed would reasonably be expected to be alerted to its contents.(4) Despite subclause (1), a notice that complied with clause 26 of the Liquor Regulation 1983, as in force immediately before 1 September 1996, may continue to be used until the expiration of 4 years and 6 months from that date or until the date the notice is replaced, whichever happens first.cll 35: Am 30.7.1999.
36 Nightclub trading during nightclub trading period—notice to be displayed
(1) For the purposes of section 116C (3) of the Act, a notice referred to in that subsection must be in the following form:LIQUOR ACT 1982IF YOU ARE UNDER 18 YOU ARE BY LAW NOT PERMITTED TO ENTER (OR BE IN) THIS NIGHTCLUB AFTER 8 PM UNLESS YOU ARE IN THE COMPANY AND IMMEDIATE PRESENCE OF A RESPONSIBLE ADULT(2) The words contained in the notice must be in capital letters not less than one centimetre in height.(3) The notice must be displayed at or near the entrance to the nightclub and in such manner that it would be reasonable to expect that a person entering the nightclub would reasonably be expected to be alerted to its contents.(4) (Repealed)cl 36: Am 21.2.1997.
36A Restaurant trading during restaurant restricted period—notice to be displayed
(1) For the purposes of section 116C (3A) of the Act, a notice referred to in that subsection must be in the following form:If you are under 18 you are by law not permitted to enter (or be in) this restaurant at any time between 10 pm and 6 am unless you are in the company and immediate presence of a responsible adult.(2) The wording in the notice must be legible and prominent.(3) The notice must be displayed at or near the main public entrance to the restaurant and in such a manner that it would be reasonable to expect that a person entering the premises would reasonably be expected to be alerted to the contents of the notice.(4) Despite subclause (1), the wording required to appear in a notice under this clause may appear (as a separate and distinct statement) in a notice required under clause 24E (Display of notice advising public of dine-or-drink authority), provided that the requirements of both clauses are otherwise complied with.cl 36A: Ins 30.10.1998.
36B Community liquor licence—notice to be displayed
(1) For the purposes of section 116C (3B) of the Act, a notice referred to in that subsection must be in the following form:If you are under 18 you are by law not permitted to enter (or be in) these premises at any time they are open for the sale or supply of liquor unless you are in the company and immediate presence of a responsible adult.(2) The wording in the notice must be legible and prominent.(3) The notice must be displayed at or near the main public entrance to the premises and in such a manner that it would be reasonable to expect that a person entering the premises would reasonably be expected to be alerted to the contents of the notice.cl 36B: Ins 17.12.1999.
37 Evidence of age
A document of one of the following classes is, for the purposes of section 117E of the Act, evidence that a person holding the document is at least 18 years of age, but only if the document bears a photograph of the person and indicates (by reference to the person’s date of birth or otherwise) that the person is of or above that age (and only if the document has not expired and otherwise appears to be in force):(a) a motor vehicle driver’s or rider’s licence or permit issued by the Roads and Traffic Authority or by the corresponding public authority of the Commonwealth, of some other State or Territory or of some other country,(b) a “proof of age” card issued by the Roads and Traffic Authority or by the corresponding public authority of the Commonwealth or of some other State or Territory,(c) a passport issued by the Commonwealth or under the law of some other country.
38 Denial of allegation as to age
For the purposes of section 140 (2) of the Act, an allegation in an information is denied as prescribed if it is denied:(a) at any adjournment prior to the commencement of the hearing of the information—by informing the court, the informant or a person appearing for the informant in writing of the denial, or(b) at any time not later than 14 days before the hearing of the information—by informing the informant or a person appearing for the informant in writing of the denial.
Part 5 Approved gaming devices
pt 5, hdg: Am 28.2.1997.
Division 1 Preliminary
39 Definitions
In this Part:means a progressive machine which the Board has authorised a hotelier to install on the licensed premises.means a progressive system which the Board has authorised a hotelier to install on the licensed premises.dealer means the holder of:(a) an amusement device dealer’s licence, or(b) a poker machine dealer’s licence granted under the Registered Clubs Act 1976.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.device means an approved gaming device.hotelier means the holder of a hotelier’s licence.instalment period means an instalment period referred to in Division 4 of Part 5 of the Act.logic board means a logic board of, or for incorporation into, a device.memory chip means that verifiable read only memory component of a device which stores the executable program or other fixed data.progressive machine means a device that:(a) contributes a percentage of the money wagered on it to a separate progressive jackpot pool, and(b) complies with the guidelines for progressive machines issued by the Board, and(c) is specially approved by the Board for the purposes of Division 6, and(d) has not been declared by the Board as having ceased to be a progressive machine.progressive system means 2 or more devices that:(a) are linked electronically to contribute a percentage of the money wagered on them to a separate progressive jackpot pool, and(b) comply with the guidelines for linked progressive systems of devices issued by the Board, and(c) are specially approved by the Board for the purposes of Division 6, or are within a class of linked progressive systems of devices specially approved by the Board for the purposes of that Division, and(d) have not been declared by the Board as having ceased to be a progressive system.seller means the holder of:(a) an amusement device seller’s licence, or(b) a poker machine seller’s licence granted under the Registered Clubs Act 1976.serial number, in relation to a device, means the serial number uniquely allocated by a dealer to the device under Division 2.technician means the holder of:(a) an amusement device technician’s licence, or(b) a poker machine technician’s licence granted under the Registered Clubs Act 1976.technician’s place of business, in relation to a technician, means the premises:(a) approved by the Licensing Court at the time of grant of the technician’s licence, oras the premises at and from which activities authorised by the licence are carried on.(b) subsequently approved by the Board in accordance with this Part,“X” standard gaming machine means a device that:(a) in the opinion of the Board, conforms to the standards set out in the document called Technical Standards for Gaming Machines and Subsidiary Equipment in New South Wales, issued by the Board and as in force from time to time, and(b) is commonly known as an “X” standard gaming machine in the gaming machine industry.cl 39: Am 28.2.1997; 28.8.1998.
39AA Definition of “outgoings”: section 86JA
(1) Subclause (2) applies to any approved gaming device that:(a) is a specially approved gaming device within the meaning of Part 12 of the Act, and(b) is part of an authorised linked gaming system within the meaning of that Part.(2) For the purposes of the definition of outgoings in section 86JA (1) of the Act, the amount that is deducted from an approved gaming device to which this subclause applies in order to build a prize for the authorised linked gaming system is prescribed as an outgoing in respect of that approved gaming device.(3) For the purposes of the definition of outgoings in section 86JA (1) of the Act, the monetary value of the credits accumulated by an approved gaming device player in the course of play that are redeemed by the award of a non-monetary prize is prescribed as an outgoing in respect of that approved gaming device.cl 39AA: Ins 15.5.1998. Am 9.10.1998.
39A Application of provisions of Registered Clubs Act 1976 relating to poker machines
Schedules 4 and 5 have effect.cl 39A: Ins 28.2.1997.
40 Board’s approval
Where the Board is required or permitted by a provision of this Part to approve of any matter or thing or the form of any matter or thing, the Board:(a) may approve of the matter, thing or form generally in relation to all persons to whom the provision applies, or(b) may approve of different matters, things or forms according to different circumstances specified in relation to persons to whom the provision applies, or(c) if, in relation to any such provision, an approval in accordance with paragraph (a) or (b) has not been given in relation to a particular person, may approve of the matter, thing or form in relation to that person, or(d) may withdraw any such approval.
40A Transfer of Board’s functions to CMS licensee: section 155B
(1) (Repealed)(2) In accordance with section 155B of the Act, any function of the Board under the Act relating to:(a) the assessment of duty payable under Part 5 of the Act in respect of any approved gaming device that is connected to an authorised CMS, ormay be exercised by the CMS licensee who is operating the authorised CMS.(b) the authorisation of any such gaming device (but only to the extent that those authorisation functions are carried out by electronic means through the operation of an authorised CMS),(3) Those functions include, subject to subclause (2) (b), any of the Board’s functions under sections 86L (5), 161 (other than section 161 (10)) and 164 (8) of the Act. However, those functions do not include any of the Board’s functions under Part 12 of the Act.(3A) In accordance with section 161 (9) of the Act, the fee payable in respect of the imposition or variation by the CMS licensee of a condition authorising the keeping of one or more approved gaming devices is:(a) $50 per approved gaming device to which the imposition or variation of the condition relates, or(b) if the CMS licensee and the hotelier concerned have entered into an arrangement regarding the payment of the fees under that subsection—the fee as provided for in accordance with that arrangement.(4) The CMS licensee may not exercise any of the Board’s functions that would result in an approved gaming device being required to be withdrawn from operation unless the CMS licensee has the Board’s approval to do so.(5) In exercising the functions of the Board as referred to in this clause, the CMS licensee must:(a) keep such records with respect to the authorisation of approved gaming devices as may be required by the Board, and(b) make such reports to the Board with respect to the authorisation of approved gaming devices as may be required by the Board, and(c) comply with such directions as may be issued by the Board.cl 40A: Ins 15.5.1998. Am 26.10.2001.
Division 1A Board may grant exemption from, or deferral of, payment of duty on approved gaming devices
pt 5, div 1A (cll 40B–40F): Ins 5.3.1999.
40B Exemption or deferral in certain cases of hardship
(1) The Board may by order in writing exempt a hotelier from the hotelier’s liability to pay, or defer a hotelier’s liability to pay, the whole or part of an instalment of duty payable by the hotelier under Part 5 of the Act, but only if the Board is satisfied that:(a) the hotelier is suffering serious financial hardship, and(b) the exemption or deferral is necessary to alleviate or assist in the alleviation of that hardship.(2) An order under this clause deferring a hotelier’s liability to pay duty may provide that the deferred duty is payable in instalments in the amounts, and on or before the dates, specified in the order.pt 5, div 1A (cll 40B–40F): Ins 5.3.1999.
40C Interest on deferred duty
(1) Interest is payable by a hotelier on any amount of duty the payment of which is deferred under this Division.(2) Interest is payable from the time the duty concerned would have become due and payable (had payment not been deferred) on so much of the deferred duty as from time to time remains unpaid.(3) The rate of interest is that specified in section 22 of the Taxation Administration Act 1996.(4) Clause 40B applies to interest on deferred duty in the same way as it applies to the deferred duty itself.pt 5, div 1A (cll 40B–40F): Ins 5.3.1999.
40D Notification and operation of exemption or deferral
(1) An order under clause 40B is to be given to the hotelier concerned.(2) The Board may impose such conditions as it thinks fit on a deferral of duty or interest.pt 5, div 1A (cll 40B–40F): Ins 5.3.1999.
40E Revocation, amendment or extension of deferral
(1) A deferral of duty or interest (and any conditions to which it is subject) may be revoked, amended or extended by the Board at any time by a further order in writing, notice of which is given to the hotelier concerned.(2) The effect of the revocation of a deferral of duty or interest is that the duty or interest deferred becomes immediately due and payable.pt 5, div 1A (cll 40B–40F): Ins 5.3.1999.
40F Application for exemption or deferral
(1) An exemption or deferral under this Division can be granted only on application by the hotelier concerned. An application (and any exemption or deferral granted on the application) can relate to one instalment of duty only. Further applications relating to that instalment, and applications relating to any other instalment, can be made.(2) An application is to be in writing and accompanied by such information and documentation as the Board may request, being information and documentation that it reasonably requires to determine the application.(3) The Board may require an application and the details and information accompanying an application to be verified by statutory declaration.pt 5, div 1A (cll 40B–40F): Ins 5.3.1999.
Division 2 Provisions relating to dealers
41 Allocation of serial numbers for devices
(1) The Board must, on granting a dealer’s licence and afterwards, from time to time as may be necessary allocate to the dealer a code consisting of 2 alphabetical characters that are unique to that dealer.(2) A dealer must allocate a serial number to each device manufactured, assembled or sold by the dealer.(3) For the purpose of this clause, serial numbers will consist of 8 alphanumeric characters of the form “DDnnnnnn”. “DD” represents the unique dealer code referred to in subclause (1), and “nnnnnn” represents unique numeric digits allocated by the dealer.(4) Serial numbers to identify devices declared to be approved gaming devices on or after 1 July 1995 must be preceded by the letter “X”.(5) Under special circumstances the Board may require additional information to be included in a serial number.cl 41: Am 28.2.1997.
42 Manufacture, assembly and repair of devices
(1) A dealer must not permit the manufacture and assembly or repair of a device 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.
43 Records and returns
(1) A dealer must keep a record, in the form approved by the Board, in respect of every device or logic board sold by the dealer.(2) The record must contain such of the following information as is relevant to the activities carried on by the dealer under the authority of the licence:(a) the serial number of each device,(b) the month and year of manufacture and assembly of each device or board,(c) the name of the person to whom each device or board is sold,(d) the date of sale, and the sale price, of each device or board,(e) if a device or 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 device or board under the Act.(3) At such times as the Board 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 such particulars as may be required by the notice, and(b) furnish to the Board:(i) those particulars, and(ii) a certificate that they are true and correct.Maximum penalty (subclauses (1)–(3)): 20 penalty units.
44 Use of devices or logic boards for sales promotions
A dealer must not permit the sales promotion, by a seller, of a device or logic board under an arrangement by which the dealer parts with possession of the device or board for more than one month.Maximum penalty: 20 penalty units.
44A Dealers must notify Board of defects, malfunctions and other irregularities
It is a condition of an amusement device dealer’s licence that the licensee must, in respect of any device manufactured, assembled or sold by the licensee, notify the Board immediately the licensee becomes aware:(a) of any defect or malfunction in any such device that could adversely affect the security or integrity of the device, and(b) that any such device has been manipulated by any person for fraudulent purposes.cl 44A: Ins 12.4.2001.
Division 3 Provisions relating to technicians
45 Technician’s place of business
(1) A technician must not, without the approval of the Board, conduct the technician’s business at or from premises other than the premises approved by the Licensing Court, at the time of grant of the technician’s licence, as the premises at and from which activities authorised by the licence were to be carried on.Maximum penalty: 20 penalty units.(2) This clause does not prevent:(a) a technician from conducting business at or from premises approved by the Board, or(b) a technician from carrying out the service, repair or maintenance of a device at a place where the device is lawfully in the possession of the holder of a gaming-related licence or hotelier’s licence.
45A Replacement of malfunctioning meters
A technician must not, except with the approval of the Board, remove and replace any meter that has been installed in respect of a device unless the meter is not working properly.Maximum penalty: 20 penalty units.cll 45A: Ins 28.2.1997.
45B Reading of meters when device is installed
(1) Any technician who installs a device in a hotel must, at the time of installing the device, read and immediately record all the meter readings of the device.(2) The record:(a) must be made and kept in the manner and form approved by the Board, and(b) be made available to the hotelier to enable the hotelier to comply with clause 49 (4).Maximum penalty (subclauses (1)–(2)): 20 penalty units.cll 45B: Ins 28.2.1997.
Division 4 Provisions relating to hoteliers
46 Types of devices in hotels
(1) The following types of approved gaming devices cannot be authorised by the Board to be kept, used or operated in a hotel:(a) a device that is a multi-terminal gaming machine within the meaning of the Registered Clubs Act 1976,(b) a device that is fitted with a book jackpot wins meter,(c) a device that is not fitted with electronic meters and electro-mechanical meters.(2) A hotelier must not install or keep a device referred to in subclause (1) on the licensed premises.Maximum penalty: 50 penalty units.(3) The Board may authorise devices that are multi-game machines (ie gaming devices that feature standard poker machine games and the draw poker game) to be kept, used and operated in a hotel. Any such device is taken to be (and accordingly counted as) an approved poker machine for the purposes of the Act.cl 46: Subst 28.2.1997.
46AA (Repealed)
cl 46AA: Ins 19.4.2001. Am 2.5.2001. Rep 2001 No 48, sec 4.
46A Requirements relating to display of gaming-related advertising material
(1) For the purposes of section 92 of the Act, the following requirements are prescribed with respect to the displaying of gaming-related advertising material:(a) any such material must not promote irresponsible gaming or gaming practices,(b) any sign, poster or other thing comprising externally visible gaming-related advertising material must not be more than 6 square metres in area,(c) the form and content of any externally visible gaming-related advertising material, and the manner in which it is presented, must conform with such guidelines as may be approved from time to time by the Minister in consultation with the Australian Hotels Association (NSW),(d) except as provided by paragraph (e), any externally visible gaming-related advertising material that is not located inside the licensed premises must be permanently attached to the premises,(e) if the building line of the licensed premises is set back more than 6 metres from the street frontage, the hotelier may display gaming-related advertising material on a pole or similar structure situated outside (or in the vicinity of) the licensed premises,(f) any externally visible gaming-related advertising material must not be displayed in the form of a banner or flag or similar type of fold-up sign that is of a temporary nature.(2) These requirements do not apply in relation to any gaming-related advertising material that was first displayed before 1 April 1997 until such time as the material is replaced or its form and contents are changed, or until 1 July 1997 (whichever is the earlier).(3) For the purposes of this clause, gaming-related advertising material that is displayed on the interior or exterior of licensed premises is externally visible if the material is capable of being seen from the street or footpath adjacent to the premises.cl 46A: Ins 28.2.1997.
46B Location of approved gaming devices in hotel gaming room—section 161 (11) of Act
(1) In accordance with section 161 (11) of the Act, this clause only applies in respect of a hotelier’s licence if more than 10 approved gaming devices are kept, used or operated in the hotel concerned.(2) If, because of section 161 (11) of the Act, a hotelier is required to locate approved gaming devices in an area of the hotel (referred to in this clause as a gaming room) other than the general bar area, the gaming room must conform to the following requirements:(a) the gaming room must be located in a restricted area of the hotel, and it must not be in a part of the hotel in respect of which a minors function authority under section 111A of the Act, or an authorisation under section 112 of the 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 additional devices are 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 device in the gaming room must be situated so that it cannot be seen from the street or footpath adjacent to the hotel,(f) all devices in the gaming room must be suitably spaced in order to facilitate access to the devices,(g) the gaming room must at all times be supervised by the licensee or an employee of the licensee by way of electronic means or physical presence, or both,(h) any signs relating to gaming that are approved by the Minister must be displayed in the gaming room,(i) if the gaming room can be accessed directly from a public street, the gaming room must not be advertised by the display of any sign or other advertisement that is located on, or visible from, the outside of the hotel, by which the gaming room may reasonably be perceived as being separate from the hotel,(j) 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,(k) any doorway or space in the gaming room that provides access to and from the remainder of the hotel, or part of the remainder of the hotel, must be clearly marked as providing such access and be evident to patrons in the gaming room.(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 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.(5) The requirements set out in subclause (2) (i)–(k) do not apply in respect of a hotelier’s licence that was in force on the date of commencement of the Liquor Amendment (Approved Gaming Devices) Regulation 1999 for a period of 12 months after that commencement.cl 46B: Ins 28.2.1997. Am 28.8.1998; 5.3.1999.
46C Location and operation of poker machines in hotels
The following are conditions of a hotelier’s licence:(a) any approved poker machine kept by the hotelier on the licensed premises must be located in a restricted area of the hotel,(b) any approved poker machine kept by the hotelier on the licensed premises must not be used or operated at any time other than a time at which liquor may be sold or supplied in the restricted area in which the poker machine is kept.cl 46C: Ins 28.2.1997. Subst 28.8.1998.
47 Qualifications for keeping devices
For the purposes of section 162 (2) (b) of the Act, the prescribed terms and conditions for a contract to acquire or modify a device are terms and conditions setting out:(a) the serial number of the device, and(b) the place where the device 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.
47A Keys
A hotelier must comply with such directions or instructions as may be determined from time to time by the Board in relation to the custody of the keys of devices kept by the hotelier on the licensed premises.Maximum penalty: 20 penalty units.cl 47A: Ins 28.2.1997.
48 Record of access to devices
(1) A hotelier must keep in loose-leaf form a record of access to each device on the licensed premises.(2) A hotelier must ensure that at all times a page (to be incorporated in the record) with sufficient space for the making of the entries required to be made by this clause is installed within each device, or to each part of the device to which access may separately be gained.(3) Every person opening up a device or any part of a device for any reason:(a) must record the date and time of opening up the device or part and the reason for the opening, and(b) must sign the record opposite the entry he or she makes (and, if a technician, record his or her licence number), and(c) must ensure that, when the device or part is next closed up, the record is enclosed within the device or part.(4) Subclause (3) does not apply to the opening up of a device only to clear the cashbox if access to the cashbox is gained without gaining access to any of the device’s electronic or mechanical components.(5) A hotelier must not permit a logic board of a device kept on the licensed premises to be replaced unless an appropriate and accurate entry has been made, immediately beforehand, in the record kept for the purposes of clause 49, of the readings of the meters of the replaced board at the time of replacement.(6) A hotelier must take all reasonable steps to ensure that a device on the licensed premises is not improperly interfered with.Maximum penalty (subclauses (1)–(3), (5) and (6)): 20 penalty units.
49 Reading of meters and recording requirements
(1) A hotelier must, on occasions not more than one calendar month apart (one such occasion being the end of each instalment period), read and immediately record all the electronic and electro-mechanical meter readings of each device kept on the licensed premises.Maximum penalty: 20 penalty units.(2) The record required under subclause (1) must be kept in a manner and form approved by the Board and show the following particulars for each device:(a) turnover meter reading,(b) total wins meter reading,(c) money to cash box meter reading,(d) cancelled credit payments meter reading,(e) money in meter reading (if fitted),(f) money out meter reading (if fitted),(g) cash in meter reading (if fitted),(h) cash out meter reading (if fitted).Maximum penalty: 20 penalty units.(3) A hotelier must, at the end of each instalment period, compare the incrementation of the electronic meter readings of each device kept on the licensed premises with the incrementation of the electro-mechanical meter readings of the device. If there is a difference in the incremental values of either the turnover or total wins meters, the hotelier must:(a) determine which meter reading the hotelier believes to be the correct reading after completion of a meter consistency test that is in accordance with the test approved by the Board, and(b) use that reading as the basis for the calculation of duty in respect of the device.(4) At the time a device is installed in a hotel, the hotelier must (in a form approved by the Board) report the information contained in the record referred to in clause 45B to the Board within 21 days after the end of each instalment period.(5) A hotelier must, immediately before the hotelier disposes of any device kept by the hotelier on the licensed premises, read and immediately record all the meter readings of the device. The record must be made and kept in the manner and form approved by the Board.Maximum penalty (subclauses (3)–(5)): 20 penalty units.cl 49: Am 27.9.1996; 28.2.1997.
49A Special requirements in relation to meter reconciliations for non “X” standard gaming machines
(1) This clause applies to any device kept by a hotelier on the licensed premises that is not an “X” standard gaming machine and that is fitted with a hopper.(2) A hotelier must keep a written record, in a form approved by the Board, of each refill of a device to which this clause applies. The record must be made and kept in the manner and form approved by the Board, and contain the following particulars:(a) the date of the refill,(b) the value of the coin in the refill,(c) the serial number of the device refilled,(d) the names and signatures of the nominees of the hotelier who refilled the device certifying that the record made in accordance with this clause is correct in all details.(3) At the end of each instalment period, a hotelier must record the value of the coin in the hopper of each device to which this clause applies at the time of the recording. The record must be made and kept in the manner and form approved by the Board.(4) The hotelier must report the information contained in any record required under this clause to the Board in a form approved by the Board within 21 days after the end of the instalment period concerned.Maximum penalty (subclauses (2)–(4)): 20 penalty units.cl 49A: Ins 28.2.1997.
50 Returns
(1) The Board may at any time, by notice in writing served on a hotelier, require the hotelier to furnish to the Board, in the form approved by the Board, particulars of the meter readings taken in accordance with clauses 49 and 49A during a period specified in the notice.(2) A hotelier must comply with a requirement made by a notice within the time specified in the notice.Maximum penalty: 20 penalty units.cl 50: Am 28.2.1997.
51 Faulty devices
(1) A hotelier must cause any device kept on the licensed premises to be inspected daily to ascertain its working condition.(2) On finding a fault that affects the playing or result of any game playable by means of a device, or the accuracy of any reading of any meter in a device, the hotelier:(a) must switch off the device, and(b) must cause a notice to be attached to the device 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 device until the fault has been rectified, and(d) must cause the device to be repaired as soon as practicable.Maximum penalty (subclauses (1) and (2)): 20 penalty units.
52 Prizes
(1) It is a condition of a hotelier’s licence that the hotelier must award or pay a prize that is won from the playing of a device kept by the hotelier to a player who is entitled to the prize (the prize-winner) on request by the prize-winner and in accordance with subclauses (2)–(7).(2) A prize may be awarded in a non-monetary form or paid as money.(3) If a prize is awarded in a non-monetary form, the hotelier must give the prize-winner the choice to be paid money instead.(4) If a hotelier pays a monetary prize to a prize-winner, the hotelier must pay an amount equal to (but not exceeding) the value of the credits accumulated by the prize-winner from playing the relevant device.(5) A non-monetary prize must not consist of or include:(a) more than 20 litres of liquor, or(b) tobacco in any form, or(c) knives or knife blades, or(d) firearms or ammunition (within the meaning of the Firearms Act 1996).(6) The hotelier, or an employee of the hotelier, need not award or pay a prize immediately after a prize-winner requests it, but:(a) in the case of a monetary prize—must pay the prize within 48 hours of the request, and(b) in the case of a non-monetary prize—must award the prize:(i) within the time as stated in the information provided under subclause (8) (e), or(ii) if no such time is stated—within 48 hours of the request.(7) If a prize is not awarded or paid immediately after the prize-winner has requested it, the hotelier, or an employee of the hotelier, must give the prize-winner a written acknowledgment of the prize-winner’s entitlement to the prize.(8) A hotelier must make material, containing the following information, readily accessible in any area where a device kept by the hotelier is located:(a) the nature or form of prizes offered,(b) the terms on which prizes are awarded or paid,(c) the right of a prize-winner to choose to receive money instead of any non-monetary prize awarded,(d) any option available to a prize-winner 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 will award the prize.(9) A hotelier must not, except with the Board’s approval, vary the prize schedules of devices kept by the hotelier on the licensed premises.(10) A hotelier must not permit a device that is kept by the hotelier on the licensed premises to be used or operated unless the device has been adjusted so that the value of the prizes won by players of the device is not less than 85% of the total money invested by the players of the device.(11) Any hotelier, or any person acting on behalf of the hotelier, who purchases an item to be offered as a prize must purchase the item directly from a person whose business comprises the production or sale of items of that kind, unless the Board approves otherwise.Maximum penalty (subclauses (8)–(11)): 50 penalty units.cl 52: Am 28.2.1997. Subst 9.10.1998.
Division 4A Provisions relating to gaming machine tickets
pt 5, div 4A: Ins 21.11.1997.
52A Definitions
(1) In this Division:gaming machine ticket means a ticket that:(a) is issued from an approved gaming device (or equipment subsidiary to the gaming device that is installed for the purpose of issuing tickets) to a player of the gaming device, and(b) shows the value of the credits accumulated and not otherwise redeemed in the course of play on that gaming device.unclaimed gaming machine ticket means a gaming machine ticket that has not been redeemed.(2) For the purposes of this Division, a hotelier redeems a gaming machine ticket if the hotelier causes money to the total value of the accumulated credits represented by the ticket to be paid to a person claiming (whether by way of presentation of the ticket or otherwise) in respect of the ticket.cll 52A: Ins 21.11.1997.
52B Condition of licence
Compliance with the requirements of this Division is a condition of a hotelier’s licence.cll 52B: Ins 21.11.1997.
52C Information on gaming machine tickets
The following must be clearly legible on a gaming machine ticket:(a) the value, in dollars and cents, of the accumulated credits represented by the gaming machine ticket,(b) the unique identification number of the gaming machine ticket.(c) (Repealed)cl 52C: Ins 21.11.1997. Am 12.4.2001.
52D Issue of certain gaming machine tickets
(1) An approved gaming device (or equipment subsidiary to the gaming device that is installed for the purpose of issuing gaming machine tickets) must be so designed and constructed as to require the release of a lock or other security mechanism on the device or equipment before the device or equipment can issue a gaming machine ticket representing accumulated credits to a monetary value of more than $10,000.(2) Only the hotelier or a person authorised by the hotelier under clause 52G to redeem gaming machine tickets may release such security mechanisms.cll 52D–52L: Ins 21.11.1997.
52E Records of gaming machine tickets issued
The approved gaming device (or subsidiary equipment) from which a gaming machine ticket is issued must keep a record of the following:(a) the Gaming Machine Identification number issued by the Board in respect of that gaming device,(b) the unique identification number of the gaming machine ticket,(c) the value, in dollars and cents, of the accumulated credits represented by the gaming machine ticket,(d) the date and time of issue of the gaming machine ticket.cll 52D–52L: Ins 21.11.1997.
52F Redemption of gaming machine tickets
(1) A hotelier must designate (whether by signs or otherwise) a place in the hotel as a place at which gaming machine tickets may be redeemed.(2) A hotelier may refuse to redeem a gaming machine ticket if:(a) the hotelier is not satisfied that the person claiming in respect of the ticket is entitled to the ticket, or(b) that person does not provide the relevant information, documentary proof of identity and signature required for the records referred to in this Division.cll 52D–52L: Ins 21.11.1997.
52G Persons authorised to redeem gaming machine tickets
(1) A hotelier, and an employee of the hotelier authorised by the hotelier for the purposes of this clause, may redeem a gaming machine ticket issued in the hotel.(2) Any authorisation under subclause (1) must be in writing.(3) No other person may redeem gaming machine tickets issued in the hotel.(4) A hotelier must keep a record (whether or not as part of another record) of the name, address and date of birth of each person who is authorised by the hotelier in accordance with this clause.(5) A hotelier must ensure that, at all times during which the hotel is trading, there is at least one person available on the premises of the hotel to redeem gaming machine tickets.cll 52D–52L: Ins 21.11.1997.
52H Records to be made on redemption
(1) A hotelier must cause a record to be made in accordance with this clause when a gaming machine ticket is redeemed.(2) The record:(a) must contain the name, address and signature of the person claiming in respect of the ticket, and(b) must specify the nature and identifying numbers or letters of the documentary proof of identity produced by that person, and(c) must specify the time and date of the redemption, and(d) must contain the name and signature of the person who redeems the ticket.(3) However, if a gaming machine ticket is redeemed on the day on which it was issued or on the next day:(a) a record is not required to be made under this clause unless the total value of the accumulated credits represented by the ticket is $500 or more, and(b) documentary proof of the identity of the claimant is not required.cll 52D–52L: Ins 21.11.1997.
52I Separate records of certain gaming machine tickets
A hotelier must keep or cause to be kept a separate monthly record of each of the following:(a) all gaming machine tickets redeemed on the day on which they were issued or on the next day,(b) all gaming machine tickets redeemed after that time,(c) all unclaimed gaming machine tickets.cll 52D–52L: Ins 21.11.1997.
52J Unclaimed gaming machine tickets
(1) A hotelier must post in a conspicuous place in the hotel a notice (in a form approved by the Board) listing all unclaimed gaming machine tickets that were issued more than 12 months previously.(2) The notice must be displayed for at least 7 consecutive days.(3) The notice must make it clear that a claim in respect of an unclaimed gaming machine ticket may be made against the hotel at any time.cll 52D–52L: Ins 21.11.1997.
52K Disposal of money payable in respect of unclaimed gaming machine tickets
(1) A hotelier must not dispose of money payable in respect of an unclaimed gaming machine ticket for any purpose unless:(a) at least 12 months have elapsed since the ticket was issued, and(b) a notice concerning the ticket has been posted in the hotel in accordance with clause 52J, and(c) the Board has approved in writing of the disposal of the money for that purpose.(2) Disposal of money under this clause in respect of an unclaimed gaming machine ticket does not extinguish the right of any person to make a claim in respect of the ticket.cll 52D–52L: Ins 21.11.1997.
52L Records and other material
(1) All records required by this Division must be in a form approved by the Board.(2) For the purposes of clause 54, all gaming machine tickets that have been redeemed on presentation are taken to be records.(3) All records and all such tickets must be made available, at the request of an authorised person, for inspection by the person during the time that they are required to be retained under clause 54.cll 52D–52L: Ins 21.11.1997.
Division 4B Responsible gambling practices
pt 5, div 4B: Ins 14.4.2000.
Subdivision 1 Provisions relating to player information
pt 5, div 4B, sdiv 1: Ins 14.4.2000.
52M Operation of this Subdivision
This Subdivision has effect on and from the day that is 2 months after the commencement of this clause.cl 52M: Ins 14.4.2000.
52N Display of information concerning chances of winning prizes on approved gaming devices
(1) A hotelier must display, in accordance with this clause, notices providing information about the chances of winning a major prize from the use or operation of any approved gaming device in the hotel.Maximum penalty: 50 penalty units.(2) The information contained in the notices must be in the following form:Your chance of winning the maximum prize on a gaming machine is generally no better than one in a million.(3) The notices must be:(a) displayed in each part of the hotel where approved gaming devices are located in such manner and in such a place that it would be reasonable to expect that a person entering the part of the hotel in which the notices are displayed would be alerted to their contents, and(b) prominently displayed on the front or top of each approved gaming device kept in the hotel or displayed by means of a permanently visible light emitting display that forms part of each such device.(4) The matter contained in a notice must be:(a) in the case of a notice displayed as referred to in subclause (3) (a)—in letters and figures of not less than one centimetre in height, and(b) in the case of a notice displayed as referred to in subclause (3) (b)—in letters of not less than 0.4 centimetres in height.cl 52N: Ins 14.4.2000. Rep 9.6.2000. Ins 21.7.2000.
52O Approval of English and other community language player information brochures
(1) In this clause:player information means the following:(a) information concerning the use and operation of approved gaming devices,(b) information concerning the chances of winning prizes from the playing of approved gaming devices,(c) the G-line (NSW) toll-free help line phone number operated under contractual arrangements made by the Department of Gaming and Racing.(2) The Minister may approve one or more pamphlets or brochures containing player information in the English language (a player information brochure).(3) The Minister may approve one or more pamphlets or brochures containing advice in the Arabic, Croatian, Chinese, Greek, Italian, Korean, Macedonian, Maltese, Serbian, Spanish, Turkish and Vietnamese languages that:(a) indicates the substance of the player information contained in a player information brochure, and(b) advises that the information will be supplied by the hotelier in the relevant language on request by a patron of the hotel.(4) A pamphlet or brochure approved under subclause (3) may be combined with the player information brochure to which it relates.(5) The Minister may approve one or more pamphlets or brochures (a community language player information brochure) containing player information in the Arabic, Croatian, Chinese, Greek, Italian, Korean, Macedonian, Maltese, Serbian, Spanish, Turkish and Vietnamese languages.(6) The Minister may vary or withdraw any approval given under this clause.cl 52O: Ins 14.4.2000.
52P Provision of player information brochures
(1) A hotelier who is authorised to keep approved gaming devices must make copies of at least one player information brochure approved by the Minister under clause 52O (2) available to patrons of the hotel in accordance with this clause.Maximum penalty: 50 penalty units.(2) The brochures must be made available in each part of the hotel in which approved gaming devices are located.(3) The brochures must be displayed 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 in which the brochures are required to be available would be alerted to their presence.cl 52P: Ins 14.4.2000. Am 23.3.2001.
52Q Provision of player information brochures in community languages
(1) A patron of a hotel at which a hotelier is authorised to keep approved gaming devices may request the hotelier to supply to the patron a community language player information brochure approved under clause 52O (5) in one of the languages specified in that subclause.(2) A hotelier must supply a 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.cl 52Q: Ins 14.4.2000.
52R Dangers of gambling—notice to be displayed on approved gaming devices
(1) In this clause:gambling warning notice means a notice containing one or more of the statements listed in subclause (5).problem gambling notice is a notice in a form set out in subclause (6) (a) or (b).(2) A hotelier who is authorised to keep approved gaming devices must display in accordance with this clause:(a) a gambling warning notice, and(b) a problem gambling notice.Maximum penalty: 50 penalty units.(3) The gambling warning notice and problem gambling notice must be prominently displayed on the front or top of each approved gaming device kept in the hotel.(4) The wording required to appear in a gambling warning notice may appear (as a separate and distinct statement) in a problem gambling notice or with any other notice displayed on an approved gaming device, provided that the requirements of this clause in relation to the gambling warning notice and the problem gambling notice are otherwise complied with.(5) The statements referred to in the definition of gambling warning notice in subclause (1) are as follows:DON’T LET GAMBLING TAKE CONTROL OF YOUR LIFEGAMBLING CAN BECOME ADDICTIVEEXCESSIVE GAMBLING CAN RUIN LIVESEXCESSIVE GAMBLING CAN DESTROY FAMILIES AND FRIENDSHIPSEXCESSIVE GAMBLING CAN LEAD TO THE LOSS OF YOUR HOME OR OTHER ASSETSEXCESSIVE GAMBLING CAN AFFECT YOUR HEALTH(6) The notice referred to in the definition of problem gambling notice must be in one of the following forms:, or(a)
Is gambling a problem for you?
CALL G-line (NSW)
A confidential, anonymous & free counselling service
FREE CALL
1800 633 635(b)
Is gambling a problem for you?
CALL G-line (NSW)
A confidential, anonymous & free counselling service
FREE CALL 1800 633 635(7) The matter contained in a problem gambling notice must be in letters and figures of not less than 0.2 centimetres in height.(8) The matter contained in a gambling warning notice must be in capital letters of not less than 0.4 centimetres in height.(9) The notices may be attached to, or placed on top of, an approved gaming device or may consist of a permanently visible light emitting display that forms part of the device.cl 52R: Ins 14.4.2000. Am 9.6.2000.
52S Counselling signage—notice to be displayed
(1) A hotelier who is authorised to keep approved gaming devices must display a notice in the following form in the vicinity of the main entrance to the hotel in accordance with this clause:
Are you in control of your gambling?
Do you gamble more than you can afford?
Do you borrow money to gamble?
Do you gamble to win back losses?
Does your gambling affect your family and friends?
FOR INFORMATION, COUNSELLING AND REFERRAL
CALL G-line (NSW)
24 hours a day, 365 days a year
FREE CALL 1800 633 635
CONFIDENTIAL, ANONYMOUS AND FREEMaximum penalty: 50 penalty units.(2) The notice must be at least 42 centimetres by 29.5 centimetres in size, and the matter contained in the notice must be in letters and figures of not less than 0.6 centimetres in height.(3) The notice must be displayed in such a manner and in such a place that it would be reasonable to expect that a person using the main entrance to the hotel in which the notice is displayed would be alerted to its contents.cll 52S–52U: Ins 14.4.2000.
52T ATM signage
(1) A hotelier who is authorised to keep approved gaming devices must display in accordance with this clause a notice in the form set out in paragraph (a) or (b) in a prominent position on the front or on top of each automatic teller machine (ATM) installed in the hotel:, or(a)
Is gambling a problem for you?
CALL G-line (NSW)
A confidential, anonymous & free counselling service
FREE CALL
1800 633 635(b)
Is gambling a problem for you?
CALL G-line (NSW)
A confidential, anonymous & free counselling service
FREE CALL 1800 633 635Maximum penalty: 50 penalty units.(2) The matter contained in the notice must be in letters and figures of not less than 0.2 centimetres in height.(3) The notice may be attached to an automatic teller machine or may consist of a permanently visible light emitting display that forms part of the machine.cll 52S–52U: Ins 14.4.2000.
52U Display of clocks
A hotelier must ensure:(a) that a clock in good working order and that is set to, or within 10 minutes of, the correct time is kept in each part of the hotel where approved gaming devices are located, and(b) that the time shown on that clock can be readily viewed by any person operating an approved gaming device in that part of the hotel.Maximum penalty: 50 penalty units.cll 52S–52U: Ins 14.4.2000.
Subdivision 2 Cheques and cash dispensing facilities
pt 5, div 4B, sdiv 2: Ins 14.4.2000.
52V Prohibitions on dealings with cheques
(1) A hotelier who is authorised to keep approved gaming devices must not do any of the following:(a) exchange a cheque for cash unless the cheque is made out to the hotelier or the hotel owner, or(b) exchange a cheque for a sum exceeding $400 for cash,(c) exchange more than one cheque for the same person on a single day for cash,(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).Maximum penalty: 50 penalty units.(2) A hotelier who is authorised to keep approved gaming devices must bank a cheque that the hotelier has exchanged for cash within 2 working days after the day on which the cheque is accepted.Maximum penalty: 50 penalty units.(3) In this clause:cash includes credits that can be used to play an approved gaming device.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 hotelier’s licence concerned.(3A) 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 hotelier’s licence is conducted.(4) This clause has effect on and from the day that is 6 months after the commencement of this clause.cl 52V: Ins 14.4.2000. Am 15.9.2000; 24.11.2000.
52W Payment of prize money by cheque
(1) A hotelier must pay so much of the total prize money payable to a person as exceeds $1,000 by means of a crossed cheque payable to the person.Maximum penalty: 50 penalty units.(2) In this clause:crossed cheque means a cheque crossed as referred to in section 53 of the Cheques Act 1986 of the Commonwealth as in force on the commencement of this clause.total prize money means the total amount of money payable to a person as a result of the person winning money on an approved gaming device, or accumulating credits on an approved gaming device, or both, on a single occasion.(3) This clause has effect on and from the day that is 6 months after the commencement of this clause.cll 52W–52Y: Ins 14.4.2000.
52X Location of cash dispensing facilities away from approved gaming devices
(1) A hotelier must not permit a facility for the withdrawal or transfer of money from a bank or authorised deposit-taking institution (such as an automatic teller machine or EFTPOS terminal) to be located in a part of the hotel in which approved gaming devices are located.Maximum penalty: 50 penalty units.(2) Until 12 months after the commencement of subclause (1), a hotelier does not commit an offence under that subclause in relation to a facility located at that commencement date in a part of the hotel in which approved gaming devices are located.cll 52W–52Y: Ins 14.4.2000.
52Y Exemption
(1) The Board may, in accordance with guidelines approved by the Minister, exempt a hotelier in writing from the operation of clause 52V or 52X.(2) The exemption may be limited in duration and may be subject to such conditions as may be specified in the exemption.(3) The Board may cancel, or vary the terms of, an exemption in writing at any time.cll 52W–52Y: Ins 14.4.2000.
Subdivision 3 Advertising
pt 5, div 4B, sdiv 3 (cll 52Z–52ZB): Ins 14.4.2000.
52Z Definitions
In this Subdivision:gambling advertising means advertising that gives publicity to, or otherwise promotes or is intended to promote, participation in gambling activities.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).pt 5, div 4B, sdiv 3 (cll 52Z–52ZB): Ins 14.4.2000.
52ZA Prohibitions on gambling-related advertising
(1) A hotelier or an employee of a hotelier must not publish, or cause to be published, any gambling advertising relating to the hotel:(a) that encourages a breach of the law, or(b) that depicts children, or(c) that is false, misleading or deceptive, or(d) that suggests that winning a prize is a likely outcome of participating in gambling activities, or(e) that suggests that participation in gambling activities is likely to improve a person’s social standing or financial prospects, or(f) that suggests that a player’s skill can influence the outcome of a game that is purely a game of chance, or(g) that depicts or promotes the consumption of alcohol while engaging in gambling activities, or(h) that is not conducted in accordance with decency, dignity and good taste and in accordance with the Commercial Television Industry Code of Practice as in force at the time the gambling advertising is published.Maximum penalty: 50 penalty units.(2) Any gambling advertising in writing published, or caused to be published, after the commencement of this clause in a newspaper, magazine, poster or other printed form by a hotelier must contain the following statement in capital letters:IS GAMBLING A PROBLEM FOR YOU?
G-LINE (NSW) IS A CONFIDENTIAL, ANONYMOUS AND FREE COUNSELLING SERVICE
FREE CALL 1800 633 635.Maximum penalty: 50 penalty units.(3) A person other than a hotelier or an employee of a hotelier must not publish any advertising that does any of the things referred to in subclause (1) (a)–(h) after the commencement of this clause.Maximum penalty: 50 penalty units.(4) Subclause (3) does not apply if the advertising relates to a hotel and the hotelier or employee of the hotelier approved in writing of the publication of the advertising.(5) A hotelier must remove any gambling advertising displayed in the hotel that does not comply with this clause within 2 months after the commencement of this clause.Maximum penalty: 50 penalty units.(6) This clause does not apply to the publication of any gambling advertising under a contract or arrangement entered into before the commencement of this clause.(7) A hotelier must not after the commencement of this clause enter into or extend the duration of any contract or arrangement for the publication of gambling advertising that does not comply with this clause. Any such contract or arrangement is of no effect.Maximum penalty: 50 penalty units.pt 5, div 4B, sdiv 3 (cll 52Z–52ZB): Ins 14.4.2000.
52ZB Publicity for prize-winners
(1) A hotelier or employee of a hotelier 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 device located in the hotel, and(b) when claiming the prize, requests in writing given to the hotelier or an employee of the hotelier that anything disclosing his or her identity not be published.Maximum penalty: 50 penalty units.(2) A prize-winner 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 prize-winner, or(b) the publication of information relating to the type or value of the prize won and the venue or geographic location where it was won.pt 5, div 4B, sdiv 3 (cll 52Z–52ZB): Ins 14.4.2000.
Subdivision 4 Miscellaneous
pt 5, div 4B, sdiv 4: Ins 14.4.2000.
52ZC Gambling inducements
A hotelier must not:(a) offer or supply any free or discounted liquor as an inducement to participate, or to participate frequently, in any gambling activity in the hotel, or(b) offer free credits to players, or as an inducement to persons to become players, of approved gaming devices in the hotel, by means of letter box flyers, shopper dockets, or any other means.Maximum penalty: 50 penalty units.cll 52ZC: Ins 14.4.2000.
52ZD Remedial orders
(1) For the purposes of section 17B of the Act, offences against the following sections of the Act are prescribed offences against the Act:(a) section 126A (Prohibition on extension of credit for gambling),(b) section 126B (Misrepresentation or misdescription of credit transactions).(2) For the purposes of section 17B of the Act, offences against the following provisions of the regulations are prescribed offences against the regulations:(a) clause 52N (Display of information concerning chances of winning prizes on approved gaming devices),(b) clause 52P (Provision of player information brochures),(c) clause 52Q (Provision of player information brochures in community languages),(d) clause 52R (Dangers of gambling—notice to be displayed on approved gaming devices),(e) clause 52S (Counselling signage—notice to be displayed),(f) clause 52T (ATM signage),(g) clause 52U (Display of clocks),(h) clause 52V (Prohibitions on dealings with cheques),(i) clauses 52W (Payment of prize money by cheque),(j) clause 52X (Location of cash dispensing facilities away from approved gaming devices),(k) clause 52ZA (Prohibitions on gambling-related advertising),(l) clause 52ZB (Publicity for prize-winners),(m) clause 52ZC (Gambling inducements).cll 52ZD: Ins 14.4.2000.
52ZE Training of hoteliers and employees associated with gambling activities
(1) In this clause, relevant commencement day means the day on which the Board, by notice published in the Gazette, first notifies its approval of a course of training for the purposes of this subclause.(2) The Board is to refuse any application by a hotelier under section 161 of the Act:(a) to acquire or keep an approved gaming device, ormade on or after the day that is 6 months after the relevant commencement day unless it is satisfied that the hotelier has satisfactorily completed the approved training course.(b) to vary an existing authority to keep an approved gaming device,(3) A condition of a hotelier’s licence authorising the hotelier to keep approved gaming devices in the hotel is of no force or effect on or after the day that is 18 months after the relevant commencement day unless the hotelier has satisfactorily completed the approved training course.(4) Subclause (3) applies whether the condition was imposed before or after the day that is 18 months after the relevant commencement day.(5) A hotelier must not commence to employ a person whose duties are concerned in the conduct of gaming device activities in the hotel on or after the day that is 6 months after the relevant commencement day unless the person has satisfactorily completed the approved training course.Maximum penalty: 50 penalty units.(6) A hotelier must not continue to employ a person whose duties are concerned in the conduct of gaming device activities in the hotel on or after the day that is 18 months after the relevant commencement day unless the person has satisfactorily completed the approved training course.Maximum penalty: 50 penalty units.(7) In a provision of this clause, approved training course means a course of training approved by the Board for the purposes of the provision concerned and conducted by a training provider approved by the Board under clause 52ZEA.(8) The Board may, for the purposes of a provision of this clause, approve any course of training that the Board considers will promote responsible practices in the conduct of gambling activities in hotels.cl 52ZE: Ins 14.4.2000. Am 4.8.2000.
52ZEA Approval of training providers
(1) A registered provider may apply to the Board to be approved as a training provider for the purposes of clause 52ZE (7).(2) The Board may, after considering an application for approval:(a) grant the application, or(b) refuse the application.(3) The Board may impose conditions on an approval.(4) In addition to any conditions imposed by the Board on an approval, it is a condition of an approval that any person conducting the approved training course under the approval must:(a) hold a Certificate IV in Assessment and Workplace Training awarded by a registered provider, or have such other qualification as the Board considers to be equivalent, and(b) have 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 device activities), or have such other experience as the Board considers to be equivalent, and(c) have attended a seminar, conducted by or on behalf of the Board, on the appropriate delivery of the course.(5) If the Board grants an approval, it must issue the applicant with a written approval that sets out any conditions to which the approval is subject.(6) If the Board refuses an application for approval, it must give notice of the refusal in writing to the applicant setting out the reasons for the refusal.(7) The Board may vary any condition imposed by the Board on an approval under this clause, or suspend or cancel such an approval, but only after giving the holder of the approval an opportunity to make submissions.(8) 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.(9) Except during any period of suspension, an approval under this clause remains in force unless sooner cancelled.(10) In this clause, registered provider has the same meaning as in the Vocational Education and Training Accreditation Act 1990.cl 52ZEA: Ins 4.8.2000.
52ZF Self-exclusion schemes
(1) For the purposes of section 150B of the Act, the prescribed requirements for the conduct of a scheme by hoteliers are that the scheme makes provision:(a) preventing the hotelier (or an employee of the hotelier) from refusing a participant’s request, and(b) for the participant to be required to give a written and signed undertaking that he or she will not gamble at the hotel for a period specified in the undertaking, and(c) for the participant to be given an opportunity to seek independent legal or other professional advice at his or her own expense as to the meaning and effect of the undertaking before it is given, and(d) for a participant who enters an undertaking to be provided by the hotelier (or an employee of the hotelier) with information about the availability of gambling-related counselling and treatment services, and(e) for the hotelier to ensure that responsible persons for the hotel can readily identify the participant, whether by means of access to a recent photograph of the participant or otherwise, and(f) for the hotelier to publicise the availability of the scheme and information as to how it operates to patrons of the hotel, and(g) preventing a participant from withdrawing from the scheme within 3 months after requesting participation in the scheme.(2) The requirements prescribed by this clause constitute the minimum requirements for a self-exclusion scheme.(3) In this clause:participant means a person who has requested that he or she be prevented from entering or remaining on any part or parts of hotels used for gambling.cl 52ZF: Ins 14.4.2000.
Division 5 General
53 Security of devices
A gaming-related licence is subject to a condition that the licensee must take all reasonable steps to ensure that devices in the licensee’s possession are stored in a secure manner.
53A Limitation on Board’s approval of certain gaming machines
(1) The only type of gaming machine that the Board may approve as an approved amusement device is one by means of which player interactive draw poker, or some player interactive game derived from draw poker, is the only game that can be played.(2) This clause does not prevent the Board from authorising the use or operation of an approved amusement device with features supplementary to a draw poker game, or a game derived from the draw poker game.cl 53A: Ins 28.2.1997.
53AA Exhibition of certain applications and social impact assessments
(1) This clause applies to:(a) an application under section 40 (1) (b) of the Act for the removal of a hotelier’s licence to a place outside the neighbourhood of the premises from which it is proposed to remove the licence, orwhere the premises the subject of the application are not yet erected or are not occupied by the applicant.(b) an application under section 161 of the Act for the keeping of an approved gaming device in a new or relocated hotel,(2) For the purposes of section 171E (4) of the Act, section 171E (1) (a) of the Act is complied with in relation to an application to which this clause applies if the application and the social impact assessment prepared in connection with the application are dealt with as follows:(a) by placing a copy of the application and social impact assessment on exhibition at premises within the area in which the premises the subject of the application are situated, and(b) by allowing for inspection of the application and assessment by any person at those premises, at least between the hours of 9.00am and 5.00pm on Monday to Friday at no cost, and(c) by attaching a notice to the outside of the premises the subject of the application, or to the perimeter of any vacant site on which the premises will be erected, in such a way that the notice can be easily seen and read by a member of the public passing the premises or site, being a notice that sets out the following information:(i) the fact that an application has been made to the Licensing Court in relation to the premises,(ii) an explanation of the nature of the application,(iii) a statement that the application and social impact assessment can be inspected by any member of the public at no cost,(iv) where and when the application and social impact assessment can be inspected by the public.cl 53AA: Ins 25.8.2000.
53B Requirement to provide certain information when disposing of non “X” standard gaming machines
Every licence under the Act is subject to a condition that the licensee must, before the licensee sells or otherwise disposes of an approved gaming device that is not an “X” standard gaming machine, inform the person in writing who is intending to acquire the device that the device is not an “X” standard gaming machine. The licensee is not required to do so if the person acquiring the device is a dealer or the employee of a dealer.cll 53B: Ins 28.2.1997.
54 Keeping of records
(1) A person required by this Part to keep a record must preserve the record for a period of not less than 5 years and provide for the safe keeping of the record throughout that time.(2) A person who is a dealer, hotelier or technician must keep any records relating to the person’s business (in so far as the person’s business relates to any devices) at the dealer’s premises, the hotelier’s licensed premises or the technician’s place of business, or at such other place as the Board approves.Maximum penalty (subclauses (1) and (2)): 20 penalty units.
55 Service agreements
(1) A hotelier must not, nor must a dealer or technician, do or suffer any thing in, or for the purposes of, the performance of an agreement between a hotelier and a dealer, or between a hotelier and a technician, providing for the service, repair or maintenance during an agreed period of devices kept on the hotelier’s licensed premises, unless the terms and conditions of the agreement have been reduced to writing and approved by the Board.(2) A hotelier, dealer or technician who is a party to such an agreement must keep a copy of it at the hotelier’s licensed premises, the dealer’s premises or the technician’s place of business, as the case may be.Maximum penalty (subclauses (1) and (2)): 20 penalty units.
56 Furnishing of records, reports or other information
(1) A requirement of this Part to furnish particulars of any record or to furnish a report or any other information, or any certificate, to the Board may be complied with by delivering or posting a written statement of the particulars or the report or other information, or the certificate, to the Secretary of the Board.(2) Any particulars which are stored wholly or partly by electronic means must be reduced to writing before being furnished to the Board.(3) The particulars, information, report or certificate must be furnished in a form approved by the Board if the Board so requires.
57 Amendment of specification documents for devices
(1) The Board may, from time to time, amend the specification document for a device by endorsing on it such modifications to the specifications as the Board may allow.(2) The specification document for a device is a document relating to the device deposited in the office of the Board and entitled Approved Amusement Device Specification Document.
57A Transitional provision—assessment of duty for period 1 April 1997 to 30 September 1997
(1) In accordance with clause 51 of Schedule 1 to the Act, the duty payable for the period commencing on 1 April 1997 and ending on 30 September 1997 is assessed as follows:(a) If the profits from all approved gaming devices kept by the hotelier in that period do not exceed $12,500, duty is payable on the profits at the rate of 15%.(b) If the profits from all approved gaming devices kept by the hotelier in that period exceed $12,500 but do not exceed $200,000, duty is payable:(i) in the sum of $1,875, and(ii) on so much of the profits as exceed $12,500 but does not exceed $200,000—at the rate of 25%.(c) If the profits from all approved gaming devices kept by the hotelier in that period exceed $200,000 but do not exceed $500,000, duty is payable:(i) in the sum of $48,750, and(ii) on so much of the profits as exceed $200,000 but does not exceed $500,000—at the rate of 35%.(d) If the profits from all approved gaming devices kept by the hotelier in that period exceed $500,000, duty is payable:(i) in the sum of $153,750, and(ii) on so much of the profits as exceed $500,000—at the rate of 40%.(2) Section 86KB of the Act applies to and in respect of the period referred to in subclause (1). However, the comparison made under that section of the duty payable in respect of the 6 month duty period concerned is to be made with the total of the 2 relevant quarterly instalments payable for that period.cll 57A: Ins 28.2.1997.
57AA Transitional provision—hoteliers authorised to keep approved poker machines (and additional machines) before 1 April 1997
(1) The purpose of this clause is to enable approved poker machines and additional devices to be installed in hotels before 1 April 1997 so as to facilitate the use and operation of such devices on or after that date.(2) Subject to this clause, and despite any other law, it is lawful for a hotelier to keep, on the licensed premises before 1 April 1997:(a) a device that is a poker machine, orbut only if the Board has authorised the device (or the additional devices) to be used and operated on the licensed premises on or after that date.(b) a total of more than 10 (but less than 30) devices,(3) The Board’s authorisation is subject to the following conditions, and the failure to comply with those conditions operates to make the keeping of the device or the additional devices by the hotelier before 1 April 1997 unlawful:(a) the device or additional devices must not be used or operated in the hotel before that date,(b) the logic board of the device (or of each additional device) must be removed from the device before it is installed,(c) the logic board of the device (or of each additional device) must not be placed back in the device before 1 April 1997,(d) while it is removed, the logic board must not be kept by the hotelier at the hotel, and it must be kept by a dealer, seller or technician.cll 57AA: Ins 28.2.1997.
58 Notification of change in the state of affairs of gaming-related licensee
For the purposes of section 181 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 2 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 2 that the licensee knows or could find out by reasonable inquiry.
Division 6 Progressive machines and intra-hotel progressive systems
pt 5, div 6: Ins 28.2.1997.
58A Keeping of progressive machines and progressive systems
A hotelier must not:(a) keep a progressive machine that is not an authorised progressive machine, or(b) keep a progressive system that is not an authorised progressive system, or(c) dispose of an authorised progressive machine or authorised progressive system without the authority of the Board or without complying with clauses 58J and 58K, or(d) deliberately remove from play an authorised progressive machine or authorised progressive system thereby denying players the opportunity to win existing progressive jackpots (unless removed under clause 58C).Maximum penalty: 50 penalty units.cl 58A: Ins 28.2.1997.
58B Records and requirements relating to prizewinners
(1) 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 an authorised progressive machine, or on an authorised progressive system, kept by the hotelier (other than monetary payments released directly by the machine or system), containing the following particulars:(a) the date of the award or payment,(b) the serial number of the device on which the award or payment was made,(c) the prize-winning combination or 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 names and signatures of 2 nominees of the hotelier certifying that each of them has seen the prize-winning combination and that the record made in accordance with this clause is correct in all details.(2) A hotelier must, before awarding or paying a progressive jackpot prize of more than $100 that has been won on an authorised progressive machine that is not an “X” standard gaming machine, or that has been won on an authorised progressive system that consists of any device that is not an “X” standard gaming machine:(a) require the prizewinner to produce documentary evidence of the prizewinner’s identity, and(b) record the nature and identifying numbers or letters of that document in a form approved by the Board.(3) The hotelier must pay any monetary prize referred to in subclause (2) by cheque only.Maximum penalty (subclauses (1)–(3)): 50 penalty units.cl 58B: Ins 28.2.1997. Am 9.10.1998.
58C Malfunction of progressive machines or progressive systems
(1) A hotelier must not permit the operation of an authorised progressive machine or authorised progressive system that does not function properly. In the event of malfunction, the hotelier must cause the machine or system to be removed from play immediately and be repaired as soon as practicable.Maximum penalty: 50 penalty units.(2) If a turnover or progressive meter of a device which is an authorised progressive machine or is linked to an authorised progressive system operated by the hotelier ceases to function or malfunctions, the hotelier must cause the device to be removed from play immediately and be repaired as soon as practicable.Maximum penalty: 50 penalty units.cll 58C–58K: Ins 28.2.1997.
58D Authorised progressive machines (“X” standard)—reading and recording of meters and jackpot reconciliations
(1) This clause applies to authorised progressive machines that are “X” standard gaming machines.(2) A hotelier must cause to be read and recorded in a form and manner approved by the Board:(a) monthly, the turnover meters (both electro-mechanical and electronic) of all authorised progressive machines to which this clause applies that are operated by the hotelier on the licensed premises, and(b) monthly, the amount shown on all progressive meters on all such authorised progressive machines operated by the hotelier on the licensed premises, and(c) the amount shown on the progressive meter of an authorised progressive machine to which this clause applies at the time the progressive jackpot is won.(3) A hotelier must carry out a monthly progressive jackpot reconciliation in respect of all authorised progressive machines to which this clause applies that are operated by the hotelier on the licensed premises.(4) A record of the progressive jackpot reconciliation must be made and kept by the hotelier in a form approved by the Board.(5) If the reconciliation referred to in subclause (3) indicates that a malfunction has occurred with the machine, the Board 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.(6) The information contained in a record referred to in subclause (4) must be reported by the hotelier to the Board in the form approved by the Board within 21 days after the end of each instalment period.Maximum penalty (subclauses (2)–(6)): 50 penalty units.cll 58C–58K: Ins 28.2.1997.
58E Authorised progressive machines (non “X” standard)—reading and recording of meters and jackpot reconciliations
(1) This clause applies to authorised progressive machines that are not “X” standard gaming machines.(2) A hotelier must cause to be read and recorded:(a) weekly, the turnover meters (both electro-mechanical and electronic) of all authorised progressive machines to which this clause applies that are operated by the hotelier on the licensed premises, and(b) weekly, the amount shown on all progressive meters on all such authorised progressive machines operated by the hotelier on the licensed premises, and(c) the amount shown on the progressive meter of an authorised progressive machine to which this clause applies at the time the progressive jackpot is won.(3) A hotelier must keep or cause to be kept a weekly written record of the readings made under subclause (2) (a) and (b) in a form approved by the Board and containing the following particulars:(a) the serial number of the device,(b) the date of the reading,(c) the turnover meter reading,(d) the amount shown on the progressive meters.(4) A hotelier must carry out a weekly progressive jackpot reconciliation in respect of all authorised progressive machines to which this clause applies that are operated by the hotelier on the licensed premises.(5) A record of each such progressive jackpot reconciliation must be made and kept by the hotelier in a form approved by the Board.(6) If the reconciliation referred to in subclause (4) indicates that a malfunction has occurred with the machine, the Board 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 contained in a record referred to in subclause (5) must be reported by the hotelier to the Board in a form approved by the Board within 21 days after the end of each instalment period.Maximum penalty (subclauses (2)–(7)): 50 penalty units.cll 58C–58K: Ins 28.2.1997.
58F Authorised progressive systems (“X” standard)—reading and recording of meters and jackpot reconciliations
(1) This clause applies to authorised progressive systems that consist of devices that are “X” standard gaming machines only.(2) A hotelier must cause to be read and recorded in a form and manner approved by the Board:(a) monthly, the turnover meters (both electro-mechanical and electronic) of all authorised progressive systems to which this clause applies that are operated by the hotelier on the licensed premises, and(b) monthly, the amount shown on all progressive meters on all such authorised progressive systems operated by the hotelier on the licensed premises, and(c) the amount shown on the progressive meter of an authorised progressive system to which this clause applies at the time the progressive jackpot is won.(3) A hotelier must carry out a monthly progressive jackpot reconciliation in respect of all authorised progressive systems to which this clause applies that are operated by the hotelier on the licensed premises.(4) A record of each such progressive jackpot reconciliation must be made and kept by the hotelier in a form approved by the Board.(5) On installation of a variation of any authorised progressive system to which this clause applies, reconciliations of the jackpots accumulated as at the close of business on the first day of 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 Board.(6) If the reconciliation referred to in subclause (3) indicates that a malfunction has occurred with the system, the Board 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 contained in a record referred to in subclause (4) must be reported by the hotelier to the Board in a form approved by the Board within 21 days after the end of each instalment period.Maximum penalty (subclauses (2)–(7)): 50 penalty units.cll 58C–58K: Ins 28.2.1997.
58G Authorised progressive systems (non “X” standard)—reading and recording of meters and jackpot reconciliations
(1) This clause applies to authorised progressive systems other than those to which clause 58F applies.(2) A hotelier must cause to be read and recorded:(a) daily, the turnover meters (both electro-mechanical and electronic) of all devices on all authorised progressive systems to which this clause applies that are operated by the hotelier on the licensed premises, and(b) daily, the amount shown on all progressive meters on all such authorised progressive systems operated by the hotelier on the licensed premises, and(c) the amount shown on the progressive meter of an authorised progressive system to which this clause applies at the time the progressive jackpot is won.(3) The hotelier must keep or cause to be kept a daily written record of the readings made under subclause (2) (a) and (b) in a form approved by the Board containing the following particulars:(a) the serial number of the device,(b) the date of the reading,(c) the turnover meter reading,(d) the amount shown on the progressive meters.(4) A hotelier must carry out a daily progressive jackpot reconciliation in respect of all authorised progressive systems to which this clause applies that are operated by the hotelier on the licensed premises.Maximum penalty (subclauses (2)–(4)): 50 penalty units.(5) The functions in subclauses (2)–(4) which are required to be performed daily may be performed weekly if:(a) the authorised progressive system is one which specifically limits the maximum jackpot generated and paid on the system to not more than $2,000, or(b) the meter reading for every unwon progressive jackpot on the system does not currently exceed $2,000.(6) The progressive jackpot reconciliation must be in or to the effect of a form approved for the purpose by the Board and must be retained by the hotelier for not less than 5 years after the reconciliation is carried out.(7) On installation of a variation of any authorised progressive system to which this clause applies, reconciliations of the jackpots accumulated as at the close of business on the first day of 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 Board.(8) If the reconciliation referred to in subclause (4) indicates that a malfunction has occurred with the system, the Board 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.(9) The information contained in a record referred to in subclause (6) must be reported by the hotelier to the Board in a form approved by the Board within 21 days after the end of each instalment period.Maximum penalty (subclauses (6)–(9)): 50 penalty units.cll 58C–58K: Ins 28.2.1997.
58H Guarantee of prize payments from authorised progressive machines and systems
(1) If the prize pool on an authorised progressive machine, or an authorised progressive system, operated by a hotelier on the licensed premises is capable of exceeding $10,000, the hotelier must:(a) when the total value of the prize pool exceeds $10,000, 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 machine and system, or(b) obtain, on the installation of the authorised progressive machine or system, a formal guarantee from a financial institution, or from a person or body approved by the Board, for an amount equal to the maximum jackpot on each such machine or system, or(c) enter into such other arrangements, as may be approved by the Board, in order to guarantee the payment of prizes.(2) A hotelier must keep a written record, in a form approved by the Board, of:(a) any special account established under subclause (1) (a), or(b) any guarantee obtained under subclause (1) (b), or(c) any arrangement entered into under subclause (1) (c).(3) The information contained in a record referred to in subclause (2) must be reported by the hotelier to the Board in a form approved by the Board within 21 days after the end of each instalment period.Maximum penalty (subclauses (1)–(3)): 50 penalty units.cll 58C–58K: Ins 28.2.1997.
58I Access to authorised progressive machines or systems
(1) A hotelier must not permit a person to access an authorised progressive 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(b) is a technician, or(c) is a special inspector, or(d) has the prior written approval of the Board to do so.(2) A hotelier must keep a record where such access to the authorised progressive machine or authorised progressive system necessitates the breaking of any security seal. The record must include the date and time of and reason for the access, the name and qualification of the person accessing the machine or system and the number of the replacement seal.Maximum penalty (subclauses (1) and (2)): 50 penalty units.cll 58C–58K: Ins 28.2.1997.
58J Disposal of authorised progressive machines or systems
(1) A hotelier must not:(a) dispose of an authorised progressive machine, or(b) dispose of an authorised progressive system, or(c) dispose of any accumulated progressive jackpot amounts on any such machine or system, orunless the hotelier has received the Board’s written approval to do so.(d) make alternative use of any such progressive jackpot amounts,(2) A hotelier must not dispose of an authorised progressive machine unless:(a) all progressive jackpot amounts accumulated on the machine have been won, or(b) any accumulated progressive jackpot amounts are to be transferred to another authorised progressive machine, or to an authorised progressive system, on the licensed premises so that those amounts can be used as additional prizes to the progressive prizes won on that other machine or system, or(c) the Board, in exceptional circumstances, approves of an alternative proposal to use any accumulated progressive jackpot amounts and those amounts are to be used in accordance with that proposal.(3) A hotelier must not dispose of an authorised progressive system unless:(a) all progressive jackpot amounts accumulated on the system have been won, or(b) any accumulated progressive jackpot amounts are to be transferred to another authorised progressive system, or to an authorised progressive machine, on the licensed premises so that those amounts can be used as additional prizes to the progressive prizes won on that other system or machine, or(c) the Board, in exceptional circumstances, approves of an alternative proposal to use any accumulated progressive jackpot amounts and those amounts are to be used in accordance with that proposal.(4) Any application of accumulated progressive jackpot amounts in accordance with subclause (2) (b) or (3) (b) is subject to the following requirements:(a) the hotelier may deduct from the value of the accumulated jackpot prize the amount provided by the hotelier to initially start up the prize offered,(b) the hotelier must ensure that adequate safeguards exist to control any scheme devised (in particular, that there must be no double deduction of prizes so paid for the purposes of calculation of duty),(c) the hotelier must include information as to the method of dispersing accumulated progressive jackpot amounts from the prize pool of the authorised progressive machine or authorised progressive system being disposed of with the records required to be reported to the Board in accordance with this Division.Maximum penalty (subclauses (1)–(4)): 50 penalty units.cll 58C–58K: Ins 28.2.1997.
58K Details to be provided to Board in connection with the disposal of authorised progressive machines or systems
(1) When seeking approval to dispose of an authorised progressive machine or authorised progressive system, or for an alternative proposal for use of accumulated progressive jackpot amounts, a hotelier must submit details of each proposal to the Board.(2) Any application by a hotelier to dispose of an authorised progressive machine or authorised progressive system and 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 machine or system.(3) When seeking approval for an alternative proposal for use of accumulated progressive jackpot amounts, a hotelier must also describe the nature of any exceptional circumstances on which basis the proposal is made.Maximum penalty (subclauses (1)–(3)): 50 penalty units.cll 58C–58K: Ins 28.2.1997.
Part 6 Fees
pt 6, hdg: Subst 27.9.1996.
Division 1
59–62 (Repealed)
pt 6, div 1: Rep 9.1.1998.
cll 59–61: Rep 9.1.1998.
cl 62: Am 21.2.1997. Rep 9.1.1998.
Division 2 Gaming-related licences
63 Fees for the grant of licences
In accordance with section 56 (1) (n) of the Act, the following fees are prescribed:(a) for the grant of an amusement device dealer’s licence—$5,000,(b) for the grant of an amusement device seller’s licence—$250,(c) for the grant of an amusement device technician’s licence—$100.
64 Periods in respect of which periodic licence fees are payable (licensing periods)
For the purposes of section 180 (1) of the Act, a period of one year that commences on 16 February (other than the period of one year during which the licence concerned is granted) is prescribed in respect of gaming-related licences.
65 Amount of periodic licence fees
In accordance with section 180 (2) of the Act, the following periodic licence fees are prescribed:(a) for an amusement device dealer’s licence—$5,000,(b) for an amusement device seller’s licence—$250,(c) for an amusement device technician’s licence—$100.
66 Time for payment of periodic licence fees (section 180 (2) (a) of the Act)
A periodic licence fee payable in respect of a licensing period must be paid in full on or before the commencement of that period.
Division 3 Work permits
67 Periods in respect of which periodic permit fees are payable
For the purposes of section 180 (1) of the Act, the following periods are prescribed in respect of a work permit:(a) a period that commences on the date of issue of the work permit and ends on the following 15 February,(b) a period of one year that commences on 16 February (other than the period of one year during which the permit was issued).
68 Amount of periodic permit fees
In accordance with section 180 (2) of the Act, $50 is prescribed as the periodic fee payable for a work permit.
69 Time for payment of periodic permit fees (section 180 (2) (a) of the Act)
A periodic permit fee payable in respect of a permit period must be paid in full on or before the commencement of that period.
Division 3A Minors functions authority fees
pt 6, div 3A (cl 70A): Ins 27.9.1996.
70A Fee payable for minors functions authority
(1) For the purposes of section 111B (4) of the Act, the prescribed fee for the issue of a minors functions authority is $50.(2) The fee payable for the issue of a minors functions authority is to be reduced by the amount of the fee lodged with the application for the authority.pt 6, div 3A (cl 70A): Ins 27.9.1996.
Division 3B Proof of age cards
pt 6, div 3B: Ins 25.8.2000.
70B Fees payable for proof of age card
For the purposes of section 117EA (2) (b) of the Act, the following fees are prescribed:(a) $23, in the case of an application for the issue of a proof of age card to a person for the first time,(b) $34, in the case of an application for the issue of a proof of age card to a person for the second time,(c) $44, in the case of an application for the issue of a proof of age card to a person for the third or a subsequent time.cl 70B: Ins 25.8.2000. Am 15.6.2001.
Division 4 General
70 On-licence (vessel)—variation of trading hours
For the purposes of section 35A (1) of the Act, the prescribed fee is $1,000.
71 Transfer of licences
For the purposes of section 42A of the Act, the prescribed fee for an application for the transfer of a licence is:(a) in the case of a hotelier’s licence or an off-licence to sell liquor by retail—$250, and(b) in any other case—$50.
72 (Repealed)
cl 72: Rep 27.9.1996.
73 Payment of fees and duties
Any fees or duties provided for under the Act or this Regulation which are payable at the Principal Registry of the Licensing Court or at the office of the Board must be paid during the hours that the Registry or office is open to the public for business.
74 (Repealed)
cl 74: Rep 9.1.1998.
Part 6A Monitoring of approved gaming devices
pt 6A: Ins 15.5.1998.
Division 1 General provisions
pt 6A, div 1: Ins 15.5.1998.
74A Operation of Part
This Part takes effect on and from the date referred to in the definition of exclusive licence period in section 200A of the Act as the operative date for the purposes of Division 4 of Part 11 of the Act.cl 74A: Ins 15.5.1998.
74B Functions of CMS licensee under section 86JC
(1) In accordance with section 86JC of the Act, the following provisions apply in relation to the approved gaming devices to which that section applies:(a) within 14 days of the end of each instalment period, the CMS licensee is to issue a notice to each hotelier who keeps any approved gaming device that is connected to the authorised CMS,(b) the notice is to specify:(i) the profits for the quarter as based on aggregated meter profit, and(ii) the break-up of that profit as per each approved gaming device, and(iii) the amount of duty payable by the hotelier for the quarter,(c) the hotelier must:(i) deposit that amount in a bank account before the end of the 21 day period referred to in section 86KA (7) of the Act, and(ii) make arrangements with the Board that enable the Board to access that amount.(2) It is a condition of the hotelier’s licence that the hotelier comply with subclause (1) (c).(3) It is a condition of the licence of the CMS licensee that a copy of each notice issued under subclause (1) is provided to the Board in accordance with such arrangements as may be made by the Board.cl 74B: Ins 15.5.1998. Am 22.12.2000.
74C Control of information obtained by CMS licensee: section 155C
In accordance with section 155C (1) of the Act, the divulging of CMS information to any of the following persons or bodies is authorised:(a) the Board,(b) the Director of Liquor and Gaming,(c) a special inspector,(d) the Commissioner of Police,(e) the Director-General of the Department of Gaming and Racing,(f) the Minister,(g) the hotelier from whom the CMS information has been acquired in the course of the operation of the authorised CMS.cll 74C: Ins 15.5.1998.
74D Payment of monitoring fee to CMS licensee: section 200G
(1) The monitoring fee payable by a hotelier under section 200G of the Act is to be paid by the hotelier to the CMS licensee who is operating the authorised CMS:(a) in accordance with such arrangements as may be made between the hotelier and the CMS licensee (eg by way of electronic transfer from a nominated account), or(b) if no such arrangements are made, in accordance with such other arrangements as may be approved by the Board.(2) The CMS licensee is entitled to recover any unpaid monitoring fee as a debt in a court of competent jurisdiction.cll 74D: Ins 15.5.1998.
Division 2 Supervision of operation of authorised CMS
pt 6A, div 2: Ins 15.5.1998.
74E Definitions
In this Division:contractor means a person who under a contract or other arrangement with a licensee performs any service in connection with the operation of an authorised CMS (whether or not the service is performed for fee, gain or reward) and includes an employee of the licensee and an agent of the licensee.key employee means a person (whether or not appointed under a contract of service) who is:(a) employed in a managerial or supervisory capacity in relation to the operation of an authorised CMS by a licensee or contractor, or(b) authorised to make decisions, involving the exercise of his or her discretion, that regulate the operations of a licensee in relation to an authorised CMS operated by the licensee or contractor, or(c) otherwise concerned or engaged in the operation of an authorised CMS by a licensee or contractor.pt 6A, div 3 (cll 74E–74U): Ins 15.5.1998.
74F CMS licensee to inform Minister of changed circumstances
If a change of a kind specified in the Table to this clause occurs in the circumstances that existed in relation to a licensee at the time the licensee was granted the licence, the licensee must notify the Minister in writing, not later than 14 days after the change occurs, of the particulars relating to the change that are specified in the Table in respect of that kind of change.Table
74G Minister may require information relating to CMS licensee and other persons
(1) The Minister may, by notice in writing, require a licensee or contractor, or a person who, in the opinion of the Minister, has a direct or indirect association with a licensee or contractor:(a) to provide the Minister or a special inspector, in accordance with directions in the notice, with the information relevant to the licensee or contractor or that association, that is specified in the notice, or(b) to produce to the Minister or a special inspector, in accordance with directions in the notice, the documents relevant to the licensee or contractor or that association that are specified in the notice and to permit examination of the documents, the taking of extracts and notes from the documents, and the making of copies of them, or(c) to attend before the Minister or a special inspector for examination in relation to any matters relevant to the licensee or contractor or that association and to answer any questions relating to those matters.(2) A person who fails to comply with a requirement of a notice under this clause is guilty of an offence.Maximum penalty: 50 penalty units.(3) A natural person is not excused from complying with a notice under this clause on the ground that compliance might tend to incriminate the person. However, if the person claims, before complying with the notice, that compliance might tend to incriminate the person, information provided in compliance with the notice is not admissible in evidence against the person in criminal proceedings other than proceedings under the Act.(4) If documents are produced under this clause, the Minister or special inspector to whom they are produced may retain possession of them for a reasonable period so that they may be examined and extracts taken from, or copies made of, them.(5) The Minister or special inspector must permit inspection of the documents, at any reasonable time during which they are retained under this clause, by a person who would be entitled to inspect them if they were not in the possession of the Minister or inspector.(6) A person who complies with a requirement of a notice under this clause does not on that account incur a liability to another person.pt 6A, div 3 (cll 74E–74U): Ins 15.5.1998.
74H Minister may require licensee or contractor to provide particulars concerning key employees
(1) The Minister may, by notice in writing served on a licensee or a contractor, require the licensee or contractor to provide the Minister, within a reasonable time specified in the notice, with the following:(a) the names of all persons who are key employees of the licensee or contractor,(b) the positions held by, and the duties of, those employees,(c) any other relevant particulars relating to those employees as are specified in the notice.(2) A person who fails to comply with a requirement of a notice under this clause is guilty of an offence.Maximum penalty: 50 penalty units.pt 6A, div 3 (cll 74E–74U): Ins 15.5.1998.
74I Minister may require key employees to provide information
(1) The Minister may, by notice in writing served on a key employee, require the key employee:(a) to consent, in accordance with directions in the notice, to having his or her photograph, finger prints and palm prints taken, and(b) to provide, in accordance with directions in the notice, the information (verified by statutory declaration) relevant to the key employee that is specified in the notice, and(c) to produce, in accordance with directions in the notice, the documents relevant to the key employee that are specified in the notice and to permit examination of the documents and the taking of extracts from, and the making of copies of, them, and(d) to furnish the authorities and consent that the Minister may require for the purpose of obtaining further information (including financial and other confidential information) from other persons and institutions.(2) The Minister is to refer to the Commissioner of Police copies of photographs, finger prints and palm prints obtained in respect of a key employee under this clause and with any supporting information that the Minister considers should be referred to the Commissioner.(3) The Commissioner of Police is to inquire into, and report to the Minister on, any matters concerning the key employee that the Minister may request.(4) A key employee is not excused from complying with a notice under this clause on the ground that compliance might tend to incriminate the employee. However, if the employee claims, before complying with the notice, that compliance might tend to incriminate the employee, information provided in compliance with the notice is not admissible in evidence against the employee in any criminal proceedings other than proceedings under the Act.(5) A key employee who complies with a requirement of a notice under this clause does not on that account incur a liability to another person.pt 6A, div 3 (cll 74E–74U): Ins 15.5.1998.
74J Failure of key employee to provide information
(1) The Minister may, if a key employee refuses or fails to comply with a requirement of a notice served on the key employee under clause 74I, by notice in writing, direct the licensee or other person concerned to terminate immediately and not to renew the employment or arrangement by reason of which the key employee is a key employee of the licensee or other person.(2) A person who does not give effect to a direction given to the person under this clause is guilty of an offence.Maximum penalty: 50 penalty units.pt 6A, div 3 (cll 74E–74U): Ins 15.5.1998.
74K Power to terminate employment of key employee at Minister’s direction
(1) This clause applies in respect of a direction given by the Minister under this Division to an employer to terminate the employment of a key employee or the other arrangement by reason of which a key employee is a key employee of the employer.(2) It is taken to be a condition of any agreement or other arrangement entered into between an employer and a key employee that the employer has the rights required to enable the employer to give effect to a direction to which this clause applies.(3) Any such termination of an employment or arrangement has effect accordingly, and the employer or the State does not incur any liability by reason of that termination.(4) In this clause, employer means a licensee, contractor or other person to whom a direction to which this clause applies is given.pt 6A, div 3 (cll 74E–74U): Ins 15.5.1998.
74L Destruction of finger and palm prints of former key employees
(1) Any finger prints or palm prints obtained under this Division, and any copies of them, are to be destroyed as soon as the key employee from whom they were obtained is no longer a key employee.(2) A person:(a) who has possession of finger prints or palm prints obtained by the Minister under this Division, or copies of them, andis guilty of an offence.(b) who fails to deliver them to the Minister, in accordance with the written directions of the Minister, to enable subclause (1) to be complied with,Maximum penalty (subclause (2)): 20 penalty units.pt 6A, div 3 (cll 74E–74U): Ins 15.5.1998.
74M Prejudice to integrity of authorised CMS
(1) The Minister may give a direction under this clause if the Minister is of the opinion that the integrity or apparent integrity of an authorised CMS is likely to be seriously prejudiced because of:(a) any irregularity or alleged irregularity of any kind, or(b) the character or reputation of any person concerned in the operation of the authorised CMS, or(c) any other fact or circumstance reported to the Minister.(2) The Minister may, for the purpose of avoiding the prejudice referred to in this clause, by notice in writing, direct:(a) the licensee, or(b) a contractor, orto take (or to refrain from taking) any action specified in the notice.(c) any other person concerned, in whatever capacity, in the management or supervision of an authorised CMS,(3) A person who does not comply with a direction given to the person under this clause is guilty of an offence.Maximum penalty: 50 penalty units.pt 6A, div 3 (cll 74E–74U): Ins 15.5.1998.
74N Minister may direct CMS licensee to terminate certain contractual arrangements
(1) If a person who is a contractor of a licensee does not comply with a direction given to the person under clause 74M, the Minister may, by notice in writing, direct the licensee to terminate, within a time specified in the notice, the contract or other arrangement under which the person is a contractor of the licensee.(2) A licensee who does not comply with a notice given to the licensee under this clause is guilty of an offence.Maximum penalty: 50 penalty units.(3) It is taken to be a condition of any contract or other arrangement entered into between a licensee and a contractor that the licensee has the rights required to enable the licensee to give effect to a direction to which this clause applies.(4) Any such termination of a contract or other arrangement has effect accordingly, and neither the State nor the Minister incurs any liability by reason of that termination.(5) The Minister may exempt specified contracts or other arrangements or specified classes of contracts or other arrangements from the operation of this clause. The effect of such an exemption is that a contract or other arrangement to which the exemption applies cannot be the subject of a direction under this section.pt 6A, div 3 (cll 74E–74U): Ins 15.5.1998.
74O Prejudice to integrity of authorised CMS involving key employee
(1) The Minister may give a direction under this clause if the Minister is of the opinion that the integrity or apparent integrity of an authorised CMS operated by a licensee is likely to be seriously prejudiced because of:(a) the criminal record of a key employee, or(b) the character or reputation of a key employee.(2) The Minister may, by notice in writing, direct:(a) the licensee, or(b) a contractor, orto terminate immediately and not to renew the employment or arrangement by reason of which the key employee is a key employee of the licensee, contractor or other person.(c) any other appropriate person,(3) A person who does not comply with a direction given to the person under this clause is guilty of an offence.Maximum penalty (subclause (3)): 50 penalty units.pt 6A, div 3 (cll 74E–74U): Ins 15.5.1998.
Division 3 Notification, control and termination of certain contracts relating to authorised CMS
pt 6A, div 3 (cll 74E–74U): Ins 15.5.1998.
74P Definitions
In this Division:contract includes any kind of agreement or arrangement.relevant contract means a contract relating to the supply of goods or services to a licensee in connection with the operation of an authorised CMS and that is:(a) for the purchase or servicing (or both) of any device or equipment used in connection with the authorised CMS or the security arrangements in relation to the operation of the authorised CMS, or(b) for a total consideration of more than $1,000,000, or(c) a contract, or class of contract, that the Minister has specified in the conditions of the licence because it involves the public interest.pt 6A, div 3 (cll 74E–74U): Ins 15.5.1998.
74Q Notice of proposed relevant contracts or variations of relevant contracts to be given
(1) This clause applies only to relevant contracts that the conditions of a licence require to be notified to the Minister and so applies in respect of:(a) such relevant contracts that are entered into after the commencement of this clause, and(b) variations of such relevant contracts, whether the contracts were entered into before or after that commencement.(2) A licensee must not enter into or become a party to a relevant contract, or the variation of a relevant contract, to which this clause applies until the licensee has given the Minister written notice of the details of the proposed contract or variation of contract that are specified in the conditions of the licence and the investigation time that the Minister is allowed by this clause has elapsed.(3) The notice must be accompanied by the fee (if any) specified by the conditions of the licence.(4) The Minister may object to the proposed contract or variation of contract by notice in writing given to the licensee during the investigation time that the Minister is allowed by this clause, in which case the licensee must not enter into or become a party to the contract or variation of contract.(5) The Minister is not required, despite any rule of law to the contrary, to give reasons for an objection made under subclause (4).(6) The Minister is allowed 28 days investigation time (starting from when the notice under subsection (2) is given to the Minister) but that time can be shortened or extended in a particular case by the Minister by notice in writing to the licensee.(7) Investigation time is not to be extended unless the Minister is of the opinion that the special circumstances of the case (such as, for example, the complex nature of the inquiries that need to be made or the need to consult other persons or bodies) make the extension necessary or desirable and that public interest considerations justify the extension.(8) Investigation time can be extended more than once but cannot in any case be extended to more than 6 months after the notice was given to the Minister.(9) It is a condition of a licence that the licensee must comply with this clause.(10) Failure to comply with this clause does not affect the validity of any contract or variation of contract.pt 6A, div 3 (cll 74E–74U): Ins 15.5.1998.
74R Notice to show cause why relevant contract should not be terminated
(1) The Minister may serve on each party to a relevant contract a notice in writing giving the party an opportunity to show cause within 14 days why the contract should not be terminated on the ground that it is not in the public interest for the contract to remain in force.(2) The notice is to specify the reasons why it is considered that it is not in the public interest for the contract to remain in force.(3) A party to the contract may, within the period specified in the notice, arrange with the Minister for the making of submissions as to why the contract should not be terminated.(4) The Minister may:(a) after considering any submissions so made, orby notice in writing served on each party to the contract, require the contract to be terminated within a time specified in the notice.(b) if no arrangements are made within the period specified in the notice, or no submissions are received in accordance with arrangements made,(5) If a contract is not terminated as required by a notice, it is terminated as and from the expiration of the time specified in the notice for the termination of the contract.(6) This clause applies to relevant contracts whether entered into before or after the commencement of this clause.pt 6A, div 3 (cll 74E–74U): Ins 15.5.1998.
74S Effect of termination
If a contract is terminated in accordance with this Division:(a) the termination does not affect a right acquired, or a liability incurred, before the termination by a person who was a party to the contract, as a result of the performance before the termination of any obligation imposed by the contract, and(b) no liability for breach of contract is, by reason only of that termination, incurred by a person who was a party to the contract, and(c) neither the State nor the Minister incurs any liability by reason of that termination.pt 6A, div 3 (cll 74E–74U): Ins 15.5.1998.
74T Parties to terminated contract must not give effect to it
A party to a contract terminated in accordance with this Division who gives further effect to the contract is guilty of an offence.Maximum penalty: 50 penalty units.pt 6A, div 3 (cll 74E–74U): Ins 15.5.1998.
74U Parties to contract may be required to provide information
Clause 74G applies to a party to a relevant contract in the same way as it applies to a licensee.pt 6A, div 3 (cll 74E–74U): Ins 15.5.1998.
Division 4 Miscellaneous provisions
pt 6A, div 4: Ins 15.5.1998.
74V Investigations
(1) The Minister may appoint a person to investigate and report on matters and circumstances specified by the Minister relating to:(a) the operation of an authorised CMS, or(b) a licensee, or a person who, in the opinion of the Minister, is an associate of a licensee, or(c) a specified person who, or a specified class of persons which includes persons who, in the opinion of the Minister, could affect the operation of an authorised CMS, or(d) a specified person who, or a specified class of persons which includes persons who, in the opinion of the Minister, could be in a position to exercise direct or indirect control over a CMS licensee in relation to the operation of an authorised CMS.(2) A person appointed to carry out an investigation may, for the purpose of the investigation, exercise:(a) the functions conferred by clause 74G on the Minister, and(b) any other functions of the Minister specified by the Minister in the instrument of appointment.(3) The exercise of functions under this clause by a person other than the Minister has effect as if the functions had been exercised by the Minister.cll 74V–74Y: Ins 15.5.1998.
74W Unlawful interference with authorised CMS
(1) A person must not:(a) possess any device or equipment made or adapted, or intended by the person to be used, for interfering with the normal operation of an authorised CMS, or(b) do anything that is calculated, or is likely, to interfere with the normal operation of an authorised CMS.Maximum penalty: 50 penalty units.(2) Subclause (1) does not apply to or in respect of the possession of any device or equipment, or to anything done in good faith, in connection with the installation, alteration, adjustment, maintenance or repair of an authorised CMS by:(a) the licensee who is operating the authorised CMS, or(b) a technician within the meaning of Part 5, or(c) any other person approved by the licensee.(3) A person must not gain, whether personally or for another person, an advantage in the operation of a gaming device that is connected to an authorised CMS as the result of knowing about any faulty or fraudulent computer programming in relation to the CMS.(4) A person must not authorise or permit another person to act in a way that is an offence under another provision of this clause.Maximum penalty (subclauses (3) and (4)): 50 penalty units.cll 74V–74Y: Ins 15.5.1998.
74X Illegal advantage with respect to authorised CMS
(1) A person must not, during the design, manufacture, assembly, installation, maintenance or repair of an authorised CMS, dishonestly make provision to gain an advantage (whether or not for another person) in the operation of the CMS.Maximum penalty: 50 penalty units.(2) A person who, as a result of gross negligence during the design, manufacture, assembly, installation, maintenance or repair of an authorised CMS, makes provision to gain an advantage (whether or not for another person) in the operation of the CMS is guilty of an offence.Maximum penalty: 50 penalty units.(3) A person must not do anything to an authorised CMS in order to conceal anything that is an offence under subclause (1) or (2).Maximum penalty: 50 penalty units.(4) A person must not authorise or permit another person to act in a way that is an offence under another provision of this clause.Maximum penalty: 50 penalty units.cll 74V–74Y: Ins 15.5.1998.
74Y Removal of authorised CMS
(1) A person (including a registered club or hotelier) must not, without the consent of the Minister, remove, or cause to be removed, an authorised CMS that has been installed in any registered club, hotel or other premises.Maximum penalty: 50 penalty units.(2) Subclause (1) does not apply to:(a) the licensee who is operating the authorised CMS, or(b) a person approved by the licensee to remove the CMS.cll 74V–74Y: Ins 15.5.1998.
74Z Disposing or failing to keep safe part of authorised CMS
(1) A licensee, hotelier, registered club or other person (other than the CMS licensee) who has possession or control of any device or equipment that forms part of an authorised CMS:(a) must store, and keep safe, the device or equipment in accordance with the approved directions of the CMS licensee, and(b) must not dispose of the device or equipment otherwise than in accordance with the approved directions of the CMS licensee.Maximum penalty: 50 penalty units.(2) In this clause, approved directions of the CMS licensee means directions, approved by the Minister, relating to the storage, safety and disposal of devices or equipment that form part of an authorised CMS:(a) to a licensee, hotelier, registered club or other person who has possession or control of any such device or equipment, or(b) to a class of licensees, hoteliers, registered clubs or other persons who have possession or control of any such device or equipment.cll 74Z–74ZB: Ins 22.12.2000.
74ZA Condition on hoteliers licence—connecting to authorised CMS
A hotelier’s licence is subject to a condition that the hotelier must, to the extent reasonably necessary to enable any approved gaming device that is kept, used or operated on the hotel premises to be connected to an authorised CMS:(a) permit the employees and agents of the CMS licensee access to those premises, and(b) give assistance to the employees and agents of the CMS licensee.cll 74Z–74ZB: Ins 22.12.2000.
74ZB Requirement for gaming devices to be connected to authorised CMS
For the purposes of section 200F (2) (c) of the Act:(a) hotels at which approved gaming devices to which that section applies are kept, used or operated, being devices that were not connected to an authorised CMS on or before 1 January 2001, are a prescribed class of hotels, and(b) 1 July 2001 is specified as the date by which approved gaming devices kept, used or operated at hotels of that class must be connected to an authorised CMS.cll 74Z–74ZB: Ins 22.12.2000.
Part 7 Licensing Court proceedings
75 Hearing of applications
(1) At the hearing of an application, the applicant and any person who has lodged an objection to the application may appear in person or by the person’s counsel or attorney.(2) The business of the Licensing Court may be conducted in the absence of the public:(a) in the case of an application to which no objection has been taken (as provided in section 12 (6) (a) of the Act), and(b) in the case of an application to which all objections taken have subsequently been withdrawn.
76 Appeals to the Licensing Court
(1) An appeal under section 148 of the Act must be made by:(a) lodging written notice of the appeal with the Principal Registrar not later than 21 days after the adjudication appealed against, and(b) serving copies of that notice on all other parties to the proceedings.(2) The copies of the notice must be served not later than 7 days after lodgment of the appeal.(3) A fee of $100 is payable on lodgment of an appeal.
77 Affidavits
(1) An affidavit for use in proceedings before the Licensing Court must:(a) identify the proceedings to which it relates, and(b) if a solicitor is acting in the proceedings for the party who files the affidavit—contain the name, address and telephone number of the solicitor, and(c) be signed at the end, and on each page, by the deponent and the person before whom it is sworn, and(d) have each alteration, interlineation or erasure initialled by the deponent and the person before whom it is sworn, and(e) have any annexure or attachment certified by the person before whom it is sworn.(2) The name of the person before whom an affidavit is sworn must be written or printed legibly below the person’s signature at the end of the affidavit.(3) The Licensing Court may order any material in an affidavit to be struck out.(4) Except to the extent that the Licensing Court otherwise directs, an affidavit may be admitted in evidence despite any irregularity in its form.
78 Admissions
(1) A party to proceedings before the Licensing Court (other than proceedings for an offence) may, by notice served on another party, admit, in favour of that other party and for the purpose only of the proceedings, facts specified in the notice.(2) A party to proceedings before the Licensing Court (other than proceedings for an offence) may, by notice served on another party, require that other party to admit, in favour of the party serving the notice and for the purpose only of the proceedings, facts specified in the notice.(3) A fact specified in a notice served under subclause (2) is, in favour of the party who served the notice and for the purpose only of the proceedings to which the notice relates, admitted by the party on whom the notice was served unless, within the period of 14 days after that service, that party serves on the party who served the notice a notice disputing the fact.(4) A party to proceedings who serves a notice disputing a fact which is later proved in the proceedings is liable for the costs of proving the fact (except to the extent that the Licensing Court otherwise directs).(5) An admission under this clause for the purpose of any proceedings must not be used:(a) against the admitting party in any other proceedings, or(b) in favour of any person other than the person in whose favour the admission is made.
79 Procedural directions
(1) In relation to any proceedings before the Licensing Court (other than proceedings for an offence):(a) a licensing magistrate may, before hearing the proceedings, andgive such directions (not inconsistent with the Act or this Regulation) as the magistrate or Court thinks necessary or desirable for the proper disposal of the proceedings.(b) the Licensing Court may, of its own motion or on application,(2) The directions may include a direction that an application be heard and determined with any other specified application, even though the applications to which the direction relates:(a) are in respect of premises situated in different neighbourhoods, or(b) are subject to objections that are based on different grounds, or(c) are subject to objections that are based on the same grounds for different reasons, or(d) were made on different dates.(3) The Licensing Court may give directions under this clause in respect of a class of proceedings.
79A Application of provisions of Justices Act 1902: section 145C
(1) The following provisions of the Justices Act 1902 apply to and in respect of the Licensing Court, subject to the modifications set out in Schedule 6:(a) section 3 (in its application to the other provisions set out in this clause),(b) section 20,(c) Divisions 2–4 of Part 4 (other than sections 56 (1), 60 (2) and (3), 66A–66H, 84A and 98),(d) Part 4A,(e) section 113,(f) Part 5A (other than section 133D),(g) Part 6,(h) Part 7 (other than section 145B and 152).(2) The following provisions of the Justices (General) Regulation 1993 apply to and in respect of the Licensing Court:(a) clauses 3–6,(b) clauses 21A–23A,(c) Schedule 1,(d) Schedule 2, Form 6.(3) For the purposes of the application of the provisions of the Justices Act 1902 and the Justices (General) Regulation 1993:(a) a reference in that Act or that Regulation to a justice is taken to include a reference to a licensing magistrate, and(b) a reference in that Act or that Regulation to a Local Court is taken to include a reference to the Licensing Court, and(c) a reference in that Act or that Regulation to a clerk of a Local Court is taken to include a reference to a registrar of the Licensing Court, and(d) a reference in that Act or that Regulation to a complaint:(i) is taken to be a reference to a complaint that commences proceedings for an offence, and(ii) does not include a reference to a complaint under section 67, 104 or 111D of the Liquor Act 1982 or section 17, 23B, 35 or 108 of the Registered Clubs Act 1976.cl 79A: Ins 26.11.1999.
Part 8 Miscellaneous
80 Seal of Licensing Court (section 7 (1) of the Act)
The seal of the Licensing Court is:
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80A Maintenance of records
For the purposes of clause 54 of Schedule 1 to the Act, the prescribed date is 31 December 1998.cl 80A: Ins 9.1.1998.
81 Enforcement of orders for payment of certain amounts
(1) For the purposes of sections 16 (3) and 69 (3) of the Act, the prescribed documents are:(a) a copy of the order to pay the costs or penalty, certified as a true copy by the registrar of the court, and(b) an affidavit as to the amount owing under the order at the time of filing of the documents.(2) For the purposes of section 99 (4) of the Act, an affidavit as to the amount owing under the order at the time of filing of a copy of the order is prescribed as a document to be filed with the copy.
81A Matters that may be dealt with by Principal Registrar (section 17 (4) of the Act)
For the purposes of section 17 (4) of the Act, the Principal Registrar may exercise the jurisdiction of the court in relation to the following matters, being matters to which there has been no objection:(a) the jurisdiction of the court under section 32 of the Act with respect to an application to vary the trading hours for licensed premises to which an on-licence (restaurant) relates,(b) the jurisdiction of the court under section 33 (b) of the Act with respect to an application for an order that fixes the trading hours in respect of licensed premises to which an on-licence (theatre) relates,(c) the jurisdiction of the court under section 34 of the Act with respect to an application for an order that fixes the trading hours in respect of licensed premises to which an on-licence (university) relates,(d) the jurisdiction of the court under section 35A of the Act with respect to an application for a variation of the trading hours for licensed premises to which an on-licence (vessel) relates,(e) the jurisdiction of the court under section 51 of the Act with respect to an application for a permanent on-licence (function),(f) the jurisdiction of the court under section 61 of the Act with respect to an application for the transfer of a licence, including the jurisdiction of the court under that section to make a provisional grant of the application, but only if:(i) the proposed transferee has completed a course of training approved by the Board that promotes the responsible sale, supply and service of liquor, and(ii) the proposed transferee has completed any course of training or instruction required by or under the Act or the court has determined that the proposed transferee is not required to complete such a course of training,(g) the jurisdiction of the court to allow additional periods in which the provisional grant of an application for the transfer of a licence has effect (as referred to in section 61 (4) (b) of the Act),(h) the jurisdiction of the court under section 69D of the Act with respect to an application for the approval of a person’s appointment as the manager of licensed premises, including the jurisdiction of the court under that section to grant a provisional approval.cl 81A: Ins 30.6.2000.
82 Notice of intention to raise objection or question (section 18 (11) of the Act)
(1) For the purposes of section 18 (11) of the Act, notice of intention to raise an objection or question based on section 18 (9) or (10) of the Act:(a) must be made in writing, and(b) must identify the licence that is allegedly available as referred to in section 18 (9) or (10) of the Act, and(c) must be lodged with the Principal Registrar.(2) A copy of the notice must be served on the applicant concerned.
83 Exceptions from section 23 (3A) of the Act
For the purposes of section 23 (3A) of the Act, each of the businesses specified in column 1 of the following Table may be or include a business limited at any time only to selling or supplying liquor to the particular class or classes of persons specified in column 2 opposite the business concerned.Table
84 Application to amend a conditional grant of an application—notice to objectors
For the purposes of section 40 (3) of the Act, the prescribed notice is 14 clear days.
85 Transfer of on-licence (function) on change of secretary—time for lodgment
For the purposes of section 41 (3) of the Act, the time for lodgment of the licence and the notification of the name of the successor to the secretary of the non-proprietary association is 14 days after the new secretary’s succession to office.
86 On-licence (restaurant) or nightclub licence with a motel—number of rooms
For the purposes of sections 53 (2), 54BA (1A) and 90 (2) of the Act, the prescribed number of bedrooms or rooms is 15.cl 86: Am 17.12.1999.
86A Managers for licensed premises in special areas
(1) The parts of avenues, streets, lanes and roads specified in Schedule 2 (Kings Cross) to the Act are prescribed as a special area for the purposes of Division 8B of Part 3 of the Act.(2) Section 69EB (a) of the Act does not affect the appointment of a manager of existing licensed premises that took place before the commencement of that section so long as the appointment is notified in accordance with section 69EC of the Act before 1 November 1996.cll 86A: Ins 27.9.1996.
86B Maximum period for which court may order closure of premises
The period prescribed for the purposes of section 104C (5) of the Act is 6 months.cll 86B: Ins 27.9.1996.
86C Gaming or liquor-related services
(1) For the purposes of section 101 (9) of the Act, the following services are prescribed as gaming or liquor-related services (but not to the extent that the services are provided for the purposes of a centralised monitoring system, or an authorised linked gaming system, conducted at the licensed premises):(a) services that promote the use of gaming machines or of services or facilities relating to gaming machines,(b) services that promote activities, services or facilities of which gaming machines, or services or facilities relating to gaming machines, form part,(c) consultancy or advisory services that include advice on the management or operation of gaming machines or of services or facilities relating to gaming machines,(d) services for the management or supervision of gaming machines or of services or facilities relating to gaming machines,(e) services that promote the sale or supply of liquor,(f) consultancy or advisory services that include advice on the sale or supply of liquor, and(g) services for the management or supervision of the sale or supply of liquor.(2) In this clause:has the same meaning as in Part 12 of the Act.gaming machine means a device that is designed:(a) for the playing of a game of chance or a game that is partly a game of chance and partly a game requiring skill, and(b) for paying out money or tokens or for registering a right to an amount of money or money’s worth to be paid.cl 86C: Ins 25.8.2000.
86D Sale of undesirable liquor products
For the purposes of section 117I of the Act, the following are declared to be undesirable liquor products:alcoholic iceblock—a product sold in an individual package or individual packages for consumption in frozen form and which, at 20° Celsius, contains more than 1.15 per cent ethanol by volume.cl 86D: Ins 22.12.2000.
87 Penalty notice offences
For the purposes of section 145A of the Act:(a) each offence created by a provision of the Act or this Regulation specified in Column 1 of Schedule 3 is stated to be an offence to which that section applies, and(b) the prescribed penalty payable for such an offence if dealt with under that section is:(i) in the case of a person other than a minor—the amount specified in Column 4 of Schedule 3 (if any), or(ii) in the case of a minor—the amount specified in Column 5 of Schedule 3 (if any).cl 87: Am 3.3.2000; 1.2.2001.
88 Short descriptions of offences
(1) For the purposes of section 145B of the Justices Act 1902, the prescribed expression for an offence created by a provision specified in Column 1 of Schedule 3 is:(a) if one or more IPB codes are set out in relation to the offence in Column 3 of Schedule 3, any of those IPB codes together with:(i) the text set out in relation to the offence in Column 2 of Schedule 3, or(ii) if a choice of words is indicated in that text, the words remaining after the omission of the words irrelevant to the offence, or(b) if no IPB code is set out in relation to the offence in Column 3 of Schedule 3:(i) the text set out in relation to the offence in Column 2 of Schedule 3, or(ii) if a choice of words is indicated in that text, the words remaining after the omission of the words irrelevant to the offence.(2) For the purposes of any proceedings for an offence created by a provision specified in Column 1 of Schedule 3, the prescribed expression for the offence is taken to relate to the offence created by the provision, as the provision was in force when the offence is alleged to have been committed.(3) The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used.(4) Subclause (3) applies to any information, complaint, summons warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal.cl 88: Am 17.12.1999.
89 Completion of course of instruction (section 150 of the Act)
Unless the court otherwise determines in relation to a particular applicant or class of applicants, an application for, or for the transfer of, a hotelier’s licence, a nightclub licence, an on-licence (restaurant), an on-licence (motel) or a caterer’s licence must not be granted unless the applicant has attended a course of training or instruction approved by the Board.cl 89: Am 21.2.1997.
90 Divulging of information
For the purposes of section 155A (2) (c) of the Act, the following persons are prescribed:(a) the Director of Liquor and Gaming,(b) the Casino Control Authority.cl 90: Am 2001 No 27, Sch 3.2.
91 Repeal
(1) The Liquor Regulation 1983 is repealed.(2) Any act, matter or thing that, immediately before the repeal of the Liquor Regulation 1983, had effect under that Regulation continues to have effect under this Regulation.
92 Transitional provisions
(1) In this clause, licence means a licence in respect of which a variation of trading hours under section 32 (3) of the Act is in force because of clause 47 of Schedule 1 to the Act.(2) Clauses 20, 36 and 62, as in force immediately before the commencement of this clause, continue to apply to a licence, a licensee and premises the subject of a licence while the licence remains in force.cl 92: Ins 21.2.1997.
Part 9 Inter-hotel linked gaming systems
Division 1 Preliminary
pt 9, div 1 (cll 93, 94): Ins 15.5.1998.
93 Operation of Part
This Part takes effect on and from the date referred to in the definition of exclusive licence period in section 201 of the Act as the operative date for the purposes of Part 12 of the Act.pt 9, div 1 (cll 93, 94): Ins 15.5.1998.
94 Interpretation
Without limiting the generality of clause 3 (2), expressions used in this Part that are defined in Part 12 of the Act have the meanings set out in that Part.pt 9, div 1 (cll 93, 94): Ins 15.5.1998.
Division 2 Approval of gaming devices
pt 9, div 2: Ins 15.5.1998.
95 Specially approved gaming devices
A gaming device is a specially approved gaming device for the purposes of Part 12 of the Act if it is of a class of gaming devices that is approved by the Board in accordance with this Division.cll 95–97: Ins 15.5.1998.
96 Application for approval
(1) A person may apply to the Board for the Board’s approval of a class of gaming devices for the purposes of Part 12 of the Act.(2) The Board may:(a) investigate the application, or authorise its investigation, in order to determine whether the class of gaming devices is suitable for approval, and(b) require the applicant to meet the costs of the investigation as determined by the Board.(3) This clause does not:(a) confer a right to have a class of gaming devices investigated, or(b) prevent the Board from terminating at its discretion an investigation of a class of gaming devices.cll 95–97: Ins 15.5.1998.
97 Approval process
(1) The Board may:(a) approve a class of gaming devices for the purposes of Part 12 of the Act, or(b) refuse to approve a class of gaming devices that is the subject of an application under clause 96.(2) The approval of a class of gaming devices may be an interim approval pending final determination of an application under clause 96.(3) Without affecting the Board’s discretion, the Board may have regard to the following matters in determining whether or not to approve a class of gaming devices for the purposes of Part 12 of the Act:(a) whether, in the opinion of the Board, the class of gaming devices concerned meets such technical standards as the Board considers necessary to ensure gaming integrity,(b) any guidelines issued by the Board relating to linked gaming systems.cll 95–97: Ins 15.5.1998.
98 Revocation of approval
(1) The Board may revoke the approval of a class of gaming devices under this Division:(a) if the Board considers that it should do so in the public interest, or(b) if the Board is satisfied that any one of the gaming devices of the class so approved has been modified without the approval of the Board, or(c) for such other reason as the Board thinks appropriate.(2) Subclause (1) (b) does not apply if, in the opinion of the Board, the modification is of a minor or insignificant nature and does not affect the gaming device’s security or integrity or the manner in which the device was designed and programmed to function.(3) Revocation of the Board’s approval of a class of gaming devices takes effect when written notice of the revocation is given to the licensee and participating hoteliers concerned, or on a later date specified in the notice.cl 98: Ins 15.5.1998. Am 12.4.2001.
99 Submissions by applicant
(1) The Board may not:(a) terminate the investigation of an application by a person for the Board’s approval of a class of gaming devices for the purposes of Part 12 of the Act, or(b) refuse any such application, orunless this clause is complied with before it decides to do so.(c) revoke the approval of any such class of gaming devices,(2) The Board must serve on the applicant a notice in writing that:(a) specifies the reasons why the Board is considering taking the action specified in the notice, and(b) gives the applicant an opportunity to show cause within such period of at least 14 days as is specified in the notice why the Board should not take that action.(3) The applicant may, within the period allowed by the notice, arrange with the Board for the making of submissions to the Board as to why the proposed action should not be taken. The Board is to consider any such submissions.(4) After considering any submissions made by the applicant, or if no submissions are made, the Board may proceed with the proposed action, or refrain from taking the proposed action.(5) The Board’s decision takes effect when written notice of its decision is given to the applicant, or on a later date specified in the notice.cl 99: Ins 15.5.1998.
Division 3 Supervision of operation of linked gaming system
pt 9, divs 3–5 (cll 100–119): Ins 15.5.1998.
100 Licensee to inform Minister of changed circumstances
If a change of a kind specified in the Table to this clause occurs in the circumstances that existed in relation to a licensee at the time the licensee was granted the licence, the licensee must notify the Minister in writing, not later than 14 days after the change occurs, of the particulars relating to the change that are specified in the Table in respect of that kind of change.Table
101 Minister may require information relating to licensees, participating hoteliers and other persons
(1) The Minister may, by notice in writing, require a licensee or participating hotelier, or a person who, in the opinion of the Minister, has a direct or indirect association with a licensee or participating hotelier:(a) to provide the Minister or a special inspector, in accordance with directions in the notice, with the information relevant to the licensee, hotelier or that association that is specified in the notice, or(b) to produce to the Minister or a special inspector, in accordance with directions in the notice, the documents relevant to the licensee, hotelier or that association that are specified in the notice and to permit examination of the documents, the taking of extracts and notes from the documents, and the making of copies of them, or(c) to attend before the Minister or a special inspector for examination in relation to any matters relevant to the licensee, the club or that association to answer any questions relating to those matters.(2) A person who fails to comply with a requirement of a notice under this clause is guilty of an offence.Maximum penalty: 50 penalty units.(3) A natural person is not excused from complying with a notice under this clause on the ground that compliance might tend to incriminate the person. However, if the person claims, before complying with the notice, that compliance might tend to incriminate the person, information provided in compliance with the notice is not admissible in evidence against the person in criminal proceedings other than proceedings under the Act.(4) If documents are produced under this clause, the Minister or special inspector to whom they are produced may retain possession of them for a reasonable period so that they may be examined and extracts taken from, or copies made of, them.(5) The Minister or special inspector must permit inspection of the documents, at any reasonable time during which they are retained under this clause, by a person who would be entitled to inspect them if they were not in the possession of the Minister or inspector.(6) A person who complies with a requirement of a notice under this clause does not on that account incur a liability to another person.pt 9, divs 3–5 (cll 100–119): Ins 15.5.1998.
102 Minister may require person to provide particulars concerning key employees
(1) The Minister may, by notice in writing served on a person, require the person to provide the Minister, within a reasonable time specified in the notice, with the following:(a) the names of all persons who are key employees of the person,(b) the positions held by, and the duties of, those employees,(c) any other relevant particulars relating to those employees as are specified in the notice.(2) A person who fails to comply with a requirement of a notice under this clause is guilty of an offence.Maximum penalty: 50 penalty units.pt 9, divs 3–5 (cll 100–119): Ins 15.5.1998.
103 Minister may require key employees to provide information
(1) The Minister may, by notice in writing served on a key employee, require the key employee:(a) to consent, in accordance with directions in the notice, to having his or her photograph, finger prints and palm prints taken, and(b) to provide, in accordance with directions in the notice, the information (verified by statutory declaration) relevant to the key employee that is specified in the notice, and(c) to produce, in accordance with directions in the notice, the documents relevant to the key employee that are specified in the notice and to permit examination of the documents and the taking of extracts from, and the making of copies of, them, and(d) to furnish the authorities and consent that the Minister may require for the purpose of obtaining further information (including financial and other confidential information) from other persons and institutions.(2) The Minister is to refer to the Commissioner of Police copies of photographs, finger prints and palm prints obtained in respect of a key employee under this clause and with any supporting information that the Minister considers should be referred to the Commissioner.(3) The Commissioner of Police is to inquire into, and report to the Minister on, any matters concerning the key employee that the Minister may request.(4) A key employee is not excused from complying with a notice under this clause on the ground that compliance might tend to incriminate the employee. However, if the employee claims, before complying with the notice, that compliance might tend to incriminate the employee, information provided in compliance with the notice is not admissible in evidence against the employee in any criminal proceedings other than proceedings under the Act.(5) A key employee who complies with a requirement of a notice under this clause does not on that account incur a liability to another person.pt 9, divs 3–5 (cll 100–119): Ins 15.5.1998.
104 Failure of key employee to provide information
(1) The Minister may, if a key employee refuses or fails to comply with a requirement of a notice served on the key employee under clause 103, by notice in writing, direct the licensee or other person concerned to terminate immediately and not to renew the employment or arrangement by reason of which the key employee is a key employee of the licensee or other person.(2) A person who does not give effect to a direction given to the person under this clause is guilty of an offence.Maximum penalty: 50 penalty units.pt 9, divs 3–5 (cll 100–119): Ins 15.5.1998.
105 Power to terminate employment of key employee at Minister’s direction
(1) This clause applies in respect of a direction given by the Minister under this Division to an employer to terminate the employment of a key employee or the other arrangement by reason of which a key employee is a key employee of the employer.(2) It is taken to be a condition of any agreement or other arrangement entered into between an employer and a key employee that the employer has the rights required to enable the employer to give effect to a direction to which this clause applies.(3) Any such termination of an employment or arrangement has effect accordingly, and the employer or the State does not incur any liability by reason of that termination.(4) In this clause, employer means a licensee or other person to whom a direction to which this clause applies is given.pt 9, divs 3–5 (cll 100–119): Ins 15.5.1998.
106 Destruction of finger and palm prints of former key employees
(1) Any finger prints or palm prints obtained under this Division, and any copies of them, are to be destroyed as soon as the key employee from whom they were obtained is no longer a key employee.(2) A person:(a) who has possession of finger prints or palm prints obtained by the Minister under this Division, or copies of them, and(b) who fails to deliver them to the Minister, in accordance with the written directions of the Minister, to enable subclause (1) to be complied with, is guilty of an offence.Maximum penalty (subclause (2)): 20 penalty units.pt 9, divs 3–5 (cll 100–119): Ins 15.5.1998.
107 Prejudice to integrity of operation of linked gaming system
(1) The Minister may give a direction under this clause if the Minister is of the opinion that the integrity or apparent integrity of an authorised linked gaming system operated by a licensee is likely to be seriously prejudiced because of:(a) any irregularity or alleged irregularity of any kind, or(b) the character or reputation of any person concerned in the operation of the authorised linked gaming system, or(c) any other fact or circumstance reported to the Minister.(2) The Minister may, for the purpose of avoiding the prejudice referred to in this clause, by notice in writing, direct a licensee, participating hotelier or key employee to take (or to refrain from taking) any action specified in the notice in relation to the operation of the linked gaming system.(3) A person who does not comply with a direction given to the person under this clause is guilty of an offence.Maximum penalty (subclause (3)): 50 penalty units.pt 9, divs 3–5 (cll 100–119): Ins 15.5.1998.
108 Minister may direct licensee to terminate certain contractual arrangements
(1) If a person who is a contractor of a licensee does not comply with a direction given to the person under clause 107, the Minister may, by notice in writing, direct the licensee to terminate, within a time specified in the notice, the contract or other arrangement under which the person is a contractor of the licensee.(2) A licensee who does not comply with a notice given to the licensee under this clause is guilty of an offence.Maximum penalty: 50 penalty units.(3) It is taken to be a condition of any contract or other arrangement entered into between a licensee and a contractor that the licensee has the rights required to enable the licensee to give effect to a direction to which this clause applies.(4) Any such termination of a contract or other arrangement has effect accordingly, and neither the State nor the Minister incurs any liability by reason of that termination.(5) The Minister may exempt specified contracts or other arrangements or specified classes of contracts or other arrangements from the operation of this clause. The effect of such an exemption is that a contract or other arrangement to which the exemption applies cannot be the subject of a direction under this section.(6) In this clause:contractor means a person who, under a contract or other arrangement with a licensee, performs any service in connection with the operation of an authorised linked gaming system (whether or not the service is performed for fee, gain or reward) and includes an employee of the licensee and an agent of the licensee.pt 9, divs 3–5 (cll 100–119): Ins 15.5.1998.
109 Prejudice to integrity of authorised linked gaming system involving key employee
(1) The Minister may give a direction under this clause if the Minister is of the opinion that the integrity or apparent integrity of an authorised linked gaming system operated by a licensee is likely to be seriously prejudiced because of:(a) the criminal record of a key employee, or(b) the character or reputation of a key employee.(2) The Minister may, by notice in writing, direct:(a) the licensee, or(b) a contractor within the meaning of clause 108, orto terminate immediately and not to renew the employment or arrangement by reason of which the key employee is a key employee of the licensee, contractor or other person.(c) any other appropriate person,(3) A person who does not comply with a direction given to the person under this clause is guilty of an offence.Maximum penalty (subclause (3)): 50 penalty units.pt 9, divs 3–5 (cll 100–119): Ins 15.5.1998.
Division 4 Notification, control and termination of certain contracts relating to linked gaming systems
pt 9, divs 3–5 (cll 100–119): Ins 15.5.1998.
110 Definitions
In this Division:contract includes any kind of agreement or arrangement.relevant contract means a contract relating to the supply of goods or services to a licensee or participating hotelier in connection with the operation of an authorised linked gaming system and that is:(a) for the purchase or servicing (or both) of any gaming device or equipment used in connection with the linked gaming system or the security arrangements in relation to the operation of the linked gaming system, or(b) for a total consideration of more than $1,000,000, or(c) a contract, or class of contract, that the Minister has specified in the conditions of the licence because it involves the public interest.pt 9, divs 3–5 (cll 100–119): Ins 15.5.1998.
111 Notice of proposed relevant contracts or variations of relevant contracts to be given
(1) This clause applies only to relevant contracts that the conditions of a licence require to be notified to the Minister and so applies in respect of:(a) such relevant contracts that are entered into after the commencement of this clause, and(b) variations of such relevant contracts, whether the contracts were entered into before or after that commencement.(2) A licensee or participating hotelier must not enter into or become a party to a relevant contract, or the variation of a relevant contract, to which this clause applies until the licensee or hotelier has given the Minister written notice of the details of the proposed contract or variation of contract that are specified in the conditions of a licence and the investigation time that the Minister is allowed by this clause has elapsed.(3) The notice must be accompanied by the fee (if any) specified by the conditions of the licence.(4) The Minister may object to the proposed contract or variation of contract by notice in writing given to the licensee or participating hotelier during the investigation time that the Minister is allowed by this clause, in which case the licensee or hotelier must not enter into or become a party to the contract or variation of contract.(5) The Minister is not required, despite any rule of law to the contrary, to give reasons for an objection made under subclause (4).(6) The Minister is allowed 28 days investigation time (starting from when the notice under subsection (2) is given to the Minister) but that time can be shortened or extended in a particular case by the Minister by notice in writing to the licensee or participating hotelier.(7) Investigation time is not to be extended unless the Minister is of the opinion that the special circumstances of the case (such as, for example, the complex nature of the inquiries that need to be made or the need to consult other persons or bodies) make the extension necessary or desirable and that public interest considerations justify the extension.(8) Investigation time can be extended more than once but cannot in any case be extended to more than 6 months after the notice was given to the Minister.(9) It is a condition of a licence that the licensee must comply with this clause.(10) The licence of a participating hotelier is subject to the condition that the hotelier complies with this clause.(11) Failure to comply with this clause does not affect the validity of any contract or variation of contract.pt 9, divs 3–5 (cll 100–119): Ins 15.5.1998.
112 Notice to show cause why relevant contract should not be terminated
(1) The Minister may serve on each party to a relevant contract a notice in writing giving the party an opportunity to show cause within 14 days why the contract should not be terminated on the ground that it is not in the public interest for the contract to remain in force.(2) The notice is to specify the reasons why it is considered that it is not in the public interest for the contract to remain in force.(3) A party to the contract may, within the period specified in the notice, arrange with the Minister for the making of submissions as to why the contract should not be terminated.(4) The Minister may:(a) after considering any submissions so made, orby notice in writing served on each party to the contract, require the contract to be terminated within a time specified in the notice.(b) if no arrangements are made within the period specified in the notice, or no submissions are received in accordance with arrangements made,(5) If a contract is not terminated as required by a notice, it is terminated as and from the expiration of the time specified in the notice for the termination of the contract.(6) This clause applies to relevant contracts whether entered into before or after the commencement of this clause.pt 9, divs 3–5 (cll 100–119): Ins 15.5.1998.
113 Effect of termination
If a contract is terminated in accordance with this Division:(a) the termination does not affect a right acquired, or a liability incurred, before the termination by a person who was a party to the contract, as a result of the performance before the termination of any obligation imposed by the contract, and(b) no liability for breach of contract is, by reason only of that termination, incurred by a person who was a party to the contract, and(c) neither the State nor the Minister incurs any liability by reason of that termination.pt 9, divs 3–5 (cll 100–119): Ins 15.5.1998.
114 Parties to terminated contract must not give effect to it
A party to a contract terminated in accordance with this Division who gives further effect to the contract is guilty of an offence.Maximum penalty: 50 penalty units.pt 9, divs 3–5 (cll 100–119): Ins 15.5.1998.
115 Parties to contract may be required to provide information
Clause 101 applies to a party to a relevant contract in the same way as it applies to a licensee.pt 9, divs 3–5 (cll 100–119): Ins 15.5.1998.
Division 5 Miscellaneous provisions
pt 9, divs 3–5 (cll 100–119): Ins 15.5.1998.
116 Investigations
(1) The Minister may appoint a person to investigate and report on matters and circumstances specified by the Minister relating to:(a) the operation of an authorised linked gaming system, or(b) a licensee, participating hotelier or a person who, in the opinion of the Minister, is an associate of a licensee or participating hotelier, or(c) a specified person who, or a specified class of persons which includes persons who, in the opinion of the Minister, could affect the operation of an authorised linked gaming system, or(d) a specified person who, or a specified class of persons which includes persons who, in the opinion of the Minister, could be in a position to exercise direct or indirect control over a licensee or participating hotelier in relation to the operation of an authorised linked gaming system.(2) A person appointed to carry out an investigation may, for the purpose of the investigation, exercise:(a) the functions conferred by clause 101 on the Minister, and(b) any other functions of the Minister specified by the Minister in the instrument of appointment.(3) The exercise of functions under this clause by a person other than the Minister has effect as if the functions had been exercised by the Minister.pt 9, divs 3–5 (cll 100–119): Ins 15.5.1998.
117 Unlawful interference with linked gaming systems
(1) A person must not:(a) possess any equipment that is made or adapted, or intended by the person to be used, for interfering with the normal operation of an authorised linked gaming system (including any gaming device that is part of the system), or(b) do anything calculated, or likely, to interfere with the normal operation of an authorised linked gaming system (including any gaming device that is part of the system), or(c) do anything calculated to render a gaming device that is part of an authorised linked gaming system incapable, even temporarily, of producing a winning combination.Maximum penalty: 50 penalty units.(2) Subclause (1) does not apply to or in respect of the possession of any equipment, or to anything done in good faith, in connection with the installation, alteration, adjustment, maintenance or repair of an authorised linked gaming system by:(a) the licensee who is operating the authorised linked gaming system, or(b) a technician within the meaning of Part 5, or(c) any other person approved by the licensee.(3) A person must not, with intent to dishonestly obtain money or a financial advantage for himself or herself or another person, insert in a gaming device that is part of an authorised linked gaming system anything other than:(a) a coin or token of the denomination or type displayed on the gaming device as that to be used to operate the device, or(b) a banknote of a denomination approved by the Board for use in order to operate the gaming device, or(c) a card of a type approved by the Board for use in order to operate the gaming device.(4) A person must not gain, whether personally or for another person, an advantage in the operation of a gaming device that is part of an authorised linked gaming system as the result of knowing about any faulty or fraudulent computer programming in relation to the system.(5) A person must not authorise or permit another person to act in a way that is an offence under another provision of this clause.Maximum penalty (subclauses (3)–(5)): 50 penalty units.pt 9, divs 3–5 (cll 100–119): Ins 15.5.1998.
118 Illegal advantage with respect to linked gaming systems
(1) A person must not, during the design, manufacture, assembly, installation, maintenance or repair of an authorised linked gaming system, dishonestly make provision to gain an advantage (whether or not for another person) in the operation of the linked gaming system.Maximum penalty: 50 penalty units.(2) A person who, as a result of gross negligence during the design, manufacture, assembly, installation, maintenance or repair of an authorised linked gaming system, makes provision to gain an advantage (whether or not for another person) in the operation of the linked gaming system is guilty of an offence.Maximum penalty: 50 penalty units.(3) A person must not do anything to an authorised linked gaming system in order to conceal anything that is an offence under subclause (1) or (2).Maximum penalty: 50 penalty units.(4) A person must not authorise or permit another person to act in a way that is an offence under another provision of this clause.Maximum penalty: 50 penalty units.pt 9, divs 3–5 (cll 100–119): Ins 15.5.1998.
119 Removal of linked gaming system from hotel
(1) A person (including a participating hotelier) must not, without the consent of the Minister, remove, or cause to be removed, an authorised linked gaming system that has been installed in a hotel.Maximum penalty: 50 penalty units.(2) Subclause (1) does not apply to:(a) the licensee who is operating the authorised linked gaming system, or(b) a person approved by the licensee to remove the linked gaming system.pt 9, divs 3–5 (cll 100–119): Ins 15.5.1998.
Schedule 1 Prescribed places
(Clause 7)
Albury | Goulburn | Orange |
Armidale | Grafton | Parkes |
Ballina | Griffith | Penrith |
Balranald | Gunnedah | Port Macquarie |
Bathurst | Hay | Queanbeyan |
Bega | Inverell | Quirindi |
Bourke | Katoomba | Singleton |
Broken Hill | Kempsey | Tamworth |
Campbelltown | Leeton | Taree |
Casino | Lismore | Temora |
Cobar | Lithgow | Tenterfield |
Coffs Harbour | Maitland | Tumut |
Condobolin | Moree | Tweed Heads |
Cooma | Moruya | Wagga Wagga |
Coonabarabran | Moss Vale | Walgett |
Coonamble | Mudgee | Wellington |
Cootamundra | Murwillumbah | Wentworth |
Cowra | Muswellbrook | West Wyalong |
Deniliquin | Narrabri | Windsor |
Dubbo | Narrandera | Wollongong |
Forbes | Newcastle | Yass |
Glen Innes | Nowra | Young |
Gosford | Nyngan |
sch 1: Am 7.11.1997.
Schedule 2 Prescribed changes and particulars
(Clause 58)
Column 1 | Column 2 |
Prescribed change | Prescribed particulars |
A change in: (a) the name of the licensee, or (b) the principal residential address of the licensee, or (c) the business or private telephone number of the licensee. | Particulars of those matters as changed. |
In the case of a seller or technician, a change in the business address of the seller or technician. | Particulars of the address as changed. |
The commencement, settlement, discontinuance or finalisation of civil or criminal proceedings to which the licensee is a party. | Particulars of: (a) the nature of the proceedings, and (b) the names and addresses of the other parties to the proceedings, and (c) the date of the commencement, settlement, discontinuance or finalisation of the proceedings, and (d) the terms of the settlement (unless the terms of settlement are prohibited from being disclosed) or the result of the finalisation of the proceedings (including the making of an order under section 556A of the Crimes Act 1900). |
A change consisting of: (a) the obtaining of judgment against the licensee, or (b) the creation of a charge over any property of the licensee, or (c) repossession of any property of the licensee. | Particulars giving: (a) the terms of the judgment or charge, and (b) the reasons for and circumstances of the repossession, and (c) a description of the property affected. |
The licensee: (a) becomes bankrupt, or (b) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, or (c) compounds with creditors or makes an assignment of remuneration for their benefit, or (d) enters into a compromise or scheme of arrangement with creditors. | Particulars of: (a) the terms, and (b) the date, |
A person obtains a direct or indirect interest in the business that is carried on under the authority of the licence. | Particulars of: (a) the name of the person obtaining the direct or indirect interest, and (b) that person’s date of birth, and (c) that person’s residential address, and (d) the nature of that person’s interest, and (e) the details of any offence that person has been convicted of (in New South Wales or elsewhere), other than parking and traffic offences, and (f) the details of any charges pending against that person (in New South Wales or elsewhere), other than parking or traffic charges. |
Schedule 3 Penalty notice offences
(Clauses 87 and 88)
Offences under the Act
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
Offence | Short description | IPB Code | Penalty (other than minors) | Penalty (minors) |
Section 86L (3) | Lodge false/misleading gaming return | 5826, 0894 | $220 | — |
Section 91 (1) | Fail display name of the premises and the licensee | 5827, 0900 | $33 | — |
Section 91 (2) | Alter name of premises without approval | 5829, 0901 | $33 | — |
Section 91 (2B) | Use prohibited name | 5830, 0904 | $55 | — |
Section 91A (1) | Use “casino” to advertise | 5832, 0906 | $55 | — |
Section 92 (1) | Fail to comply with gaming-related advertising material requirements | 5833, 0907 | $55 | — |
Section 103 (3) | Fail to leave licensed premises | 6068, 0908 | $550 | $55 |
Section 113 | Minor use false evidence of age to obtain entry to/remain in/obtain liquor from licensed premises | 6544 | — | $55 |
Section 114 (1) | Sell/supply liquor to minor | 6535, 1572, 1574, 6555, 2198 | $550 | $55 |
Section 114 (3) | Allow liquor to be sold/supplied to minor | 6513, 1573 | $550 | — |
Section 114 (4) | Obtain liquor on behalf of minor | 6536, 1578 | $550 | $55 |
Section 115 (1) (a) | Minor consume liquor on licensed premises/at unlicensed restaurant | 6545, 1575 | — | $55 |
Section 115 (1) (b) | Minor obtaining/attempting to obtain liquor on licensed premises | 6546, 1576 | — | $55 |
Section 115 (1) (c) | Minor carrying away/attempting to carry away liquor from licensed premises | 6547, 1577 | — | $55 |
Section 115 (3) | Send/order/request minor to obtain liquor | 6537, 5890, 0910 | $220 | $55 |
Section 116 | Licensee allow minor to sell/supply/serve liquor | 6514, 1579 | $550 | — |
Section 116A (1) | Minor enter/remain in restricted area of hotel | 6548, 1580 | — | $55 |
Section 116A (2) | Unacc. minor enter/remain in authorised part of hotel | 6549, 1581 | — | $55 |
Section 116A (4) | Unacc. minor enter/remain in nightclub | 6550, 1582 | — | $55 |
Section 116A (5) | Unacc. minor enter/remain in restaurant during restricted period | 5892, 0140 | — | $55 |
Section 116A (6) | Unacc. minor enter/remain in community liquor licence premises | 5895, 0144 | — | $55 |
Section 116B (1) (a) | Allow minor to enter restricted area of licensee’s hotel | 6515, 1583 | $550 | — |
Section 116B (1) (b) | Allow unaccompanied minor to enter unauthorised part of hotel | 6516, 1594 | $550 | — |
Section 116B (1) (c) | Allow unaccompanied minor to enter nightclub | 6517, 1585 | $550 | — |
Section 116B (1) (d) | Allow unaccompanied minor to enter restaurant during restricted period | 5895, 0147 | $550 | — |
Section 116B (1) (e) | Allow unaccompanied minor to enter community liquor licence premises | 5898, 0147 | $550 | — |
Section 116B (2) (a) | Fail to remove minor (restricted area of hotel) | 6518, 1586 | $550 | — |
Section 116B (2) (b) | Fail to remove unacc. minor (hotel authorised area) | 6519, 1587 | $550 | — |
Section 116B (2) (c) | Fail to remove unacc. minor (nightclub) | 6520, 1588 | $550 | — |
Section 116B (2) (d) | Fail to remove unacc. minor (restaurant restricted period) | 5899, 0911 | $550 | — |
Section 116B (2) (e) | Fail to remove unacc. minor (community liquor licence) | 5903, 0912 | $550 | — |
Section 116C (1) (a) | Fail to display notice about minors in restricted area | 6530, 1591 | $220 | — |
Section 116C (1) (b) | Fail to display notice about unacc. minors in authorised area | 6531, 1592 | $220 | — |
Section 116C (3) | Fail to display minors notice (nightclub) | 6521, 1593 | $220 | — |
Section 116C (3A) | Fail to display minors notice (restaurant restricted period) | 5904, 0149 | $220 | — |
Section 116C (3B) | Fail to display minors notice (community liquor licence) | 5909, 0151 | $220 | — |
Section 116D (a) | Permit minor to consume alcohol on premises | 6542, 1594 | $220 | — |
Section 116D (b) | Leave minor on premises without first informing licensee | 6543, 1595 | $220 | — |
Section 117A (2) (a) | Suspected minor refusing/failing to state name or address | 6551, 1596 | $110 | $55 |
Section 117A (2) (b) | Suspected minor refusing/failing to produce evidence of age | 6552, 1597 | $110 | $55 |
Section 117B | Licensee/employee fail to refuse minor entry premises/part of premises | 6522, 1598 | $220 | $55 |
Section 117C (1) | Minor using/operating amusement device (offence by licensee) | 6532, 1599 | $550 | — |
Section 117D (1) | Minor using/operating amusement device | 6553, 1600 | — | $55 |
Section 117E (2) | Minor providing false/misleading information to get age evidence | 6554, 1601 | — | $110 |
Section 117E (3) | Providing/certifying false/misleading information for age evidence | 6538, 1602, 5909, 0919 | $220 | $110 |
Section 117EB (1) | Make false proof of age card | 8194, 0174 | $220 | $110 |
Section 117EB (2) | Give false proof of age card | 8195, 0175 | $220 | $110 |
Section 117EB (3) | Make/give false proof of age card (aggravation) | 8196, 0176 | $550 | $110 |
Section 117EC | Give/lend proof of age card | 8197, 0177, 5913, 0923 | $220 | $110 |
Section 117ED | Tamper with proof of age card | 8199, 8198, 0178, 5914, 0924 | $220 | $110 |
Section 118 (1) | Fail to close/keep closed restricted area/area where liquor sold or supplied | 6533, 1603 | $220 | — |
Section 118 (2) | Fail to close/keep closed counter/place where liquor sold or supplied | 6523, 1604 | $220 | — |
Section 119 (1) (a) | Keep premises open for liquor sale/supply outside hours | 6524, 1606 | $220 | — |
Section 119 (1) (b) | Sell/supply liquor outside hours | 6525, 1606 | $220 | — |
Section 121 (1) | Sell/supply liquor/cause/suffer liquor to be sold/supplied contrary to authority | 7490, 0055 | $550 | — |
Section 121 (2) | Agent/servant/person on behalf of licensee sell/supply liquor/cause/suffer liquor to be sold/supplied contrary to authority | 7491, 0059, 5915, 0925 | $550 | $55 |
Section 122 (1) | Unauthorised sale/cause/suffer unauthorised sale of liquor | 7492, 0060, 5916, 0926 | $550 | $55 |
Section 122 (3) | Advertise liquor from unlicensed premises | 7493, 0082, 5917, 0927 | $550 | $55 |
Section 123 (1) | Open/keep/use/ premises/permit premises to be/have care and management of/assist in business of premises opened/kept/used for purpose of selling liquor | 7494, 0118, 5918, 0928 | $550 | $55 |
Section 123 (2) | Licensee sell liquor/employ/permit person to sell liquor on unlicensed premises | 7495, 0120 | $220 | — |
Section 123 (3) | Person on unlicensed premises | 7496, 0131, 5920, 0943 | $55 | $55 |
Section 124 | Carry on business as brewer without licence | 6539, 1607 | $220 | $55 |
Section 125 (1) (b) | Permit intoxication/ indecent/violent/ quarrelsome conduct on premises | 6526, 1608 | $550 | — |
Section 125 (3) | Sell/supply liquor to intoxicated person | 6540, 1609 | $550 | $55 |
Section 125A (1) | Licensee fail to produce licence | 6584, 1302 | $55 | — |
Section 126 (1) (a) | Permit/suffer gaming for stakes on premises | 6527, 1610 | $110 | — |
Section 126 (1) (b) | Permit/suffer unlawful game on premises | 6528, 1611 | $110 | — |
Section 126 (1) (c) | Permit/suffer premises to be used in contravention of Unlawful Gambling Act 1998 | 6529, 1612 | $110 | — |
Section 126 (2) | Servant/person in charge permitting unlawful game on premises | 6541, 1613 | $110 | $55 |
Section 129 (1) (a) | Fail/refuse to pay for liquor/meal/ accommodation | 6069, 1170, 6070, 1171, 6071, 1170, 6092, 0959, 6083, 0960, 6084, 0963 | $55 | $55 |
Section 129 (1) (b) | Avoid demand to pay for liquor/meal/ accommodation | 6072, 1173, 6073, 1174, 6074, 1175, 6085, 0994, 6086, 0999, 6089, 1008 | $55 | $55 |
Section 135 (1) (a) | Carry liquor about for sale | 7497, 0132, 6089, 1010 | $220 | $55 |
Section 135 (1) (b) | Unlawfully offer/expose liquor for sale | 7498, 0133, 6090, 1026 | $220 | $55 |
Section 135 (1) (c) | Carry liquor for sale to unlawful place | 7499, 0134, 6091, 1028 | $220 | $55 |
Section 139 (1) | Make false or misleading statement in/omit a material matter from an official document | 6092, 1037 | $550 | $55 |
Offences under this Regulation
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
Offence | Short description | IPB Code | Penalty (other than minors) | Penalty (minors) |
Clause 52N (1) | Fail to display winning chances | 6096, 1043 | $550 | — |
Clause 52P (1) | Fail to make player information available | 6097, 1058 | $550 | — |
Clause 52Q (2) | Fail to make player information available (other language) | 6098, 1060 | $550 | — |
Clause 52R (2) (a) | Fail to display gambling warning notice | 6100, 1061 | $550 | — |
Clause 52R (2) (b) | Fail to display problem gambling notice | $550 | — | |
Clause 52S (1) | Fail to display counselling notice | 6102, 1065 | $550 | — |
Clause 52T (1) | Fail to display notice on ATM | 6103, 1069 | $550 | — |
Clause 52U | Fail to display clock | 6104, 1075 | $550 | — |
Clause 52V (1) | Exchange cheque contrary to requirement | 6105, 1077 | $550 | — |
Clause 52V (2) | Fail to bank cheque within 2 days | 6106, 1078 | $550 | — |
Clause 52W (1) | Fail to pay prize money by required cheque | 6107, 1099 | $550 | — |
Clause 52X (1) | ATM / EFTPOS in gaming area | 6109, 1108 | $550 | — |
Clause 52ZA (1) | Publish/cause to be published unacceptable gambling advertisement | 6110, 1110 | $550 | $55 |
Clause 52ZA (2) | Gambling advertisement without warning | 6111, 1111 | $550 | — |
Clause 52ZA (3) | Publish non-complying gambling advertisement | 6112, 1112 | $550 | $55 |
Clause 52ZA (5) | Fail to remove non-complying gambling advertisement | 6113, 1125 | $550 | — |
Clause 52ZA (7) | Enter into/extend unlawful contract/arrangement | 6114, 1127 | $550 | — |
Clause 52ZB (1) | Publish/cause to be published winner’s details contrary to request | 6117, 1135 | $550 | $55 |
Clause 52ZC | Offer gambling inducement | 6118, 1136 | $550 | — |
Clause 52ZE (5) | Employ unqualified gaming staff | 6119, 1139 | $550 | — |
Clause 52ZE (6) | Continue to employ unqualified gaming staff | 6120, 1150 | $550 | — |
Clause 74Z (1) (a) | Fail to keep part of CMS safe | $550 | — | |
Clause 74Z (1) (b) | Dispose of part of CMS | $550 | — |
sch 3: Am 3.7.1998. Subst 17.12.1999. Am 3.3.2000; 22.12.2000. Subst 1.2.2001.
Schedule 4 Provisions of Registered Clubs Act 1976 relating to poker machines
(Clause 39A)
1 Excluded provisions
In accordance with section 182A (1) (b) of the Liquor Act 1982, the following provisions of the Registered Clubs Act 1976 relating to poker machines do not apply to and in respect of hotels:• any provision relating to an established poker machine within the meaning of that Act,• sections 22A (6) (d), 23AA (2) (a), 25 (7) (a), 30 (2) (h), 43, 43A (1) (b), 50A, 50B (1), 51 (1) (e), 54 and 73 (1A) (r).
2 Application to hotels of provisions of Registered Clubs Act 1976 relating to poker machines
(1) The provisions of the Registered Clubs Act 1976 relating to poker machines that are set out in Schedule 5 (modified in accordance with section 182A (1) (b) of the Liquor Act 1982 to read in the manner as set out in that Schedule) apply to and in respect of hotels. Those provisions are referred to in this clause and in the heading to Schedule 5 as the applied provisions.(2) Expressions used in the applied provisions which are defined in the Registered Clubs Act 1976 have, for the purposes of their application to and in respect of hotels, the same meanings as set out in that Act (except that any reference in those definitions to a registered club is to be read as a reference to a hotelier or a hotel, as the case requires).(3) For the avoidance of any doubt:(a) any reference in the applied provisions to this Act is a reference to the Registered Clubs Act 1976, and(b) an offence against any of the applied provisions is an offence arising under the Registered Clubs Act 1976.(4) However, sections 69F–69H of the Liquor Act 1982 continue to apply to and in respect of an offence arising under the applied provisions.
sch 4: Ins 28.2.1997.
Schedule 5 The applied provisions
(Clause 39A)
4 Definitions
In this Act:hotel means the premises to which a hotelier’s licence relates.hotelier means the holder of a hotelier’s licence in force under the Liquor Act 1982.
9A Conditions of hotelier’s licence
(3) A hotelier’s licence is subject to such conditions relating to the keeping of poker machines by the hotelier as may be imposed by the Board:(a) when authorising the keeping of the poker machine, orif the hotelier has first been given an opportunity to make submissions in relation to the proposed condition.(b) at any subsequent time on the application of the Principal Registrar, the Director or the Commissioner of Police,(5A) It is a condition of a hotelier’s licence that the hotelier is not to provide a cash advance in the hotel, or permit or suffer a cash advance to be provided in the hotel on behalf of the hotelier, otherwise than as a prize won as a direct or indirect consequence of operating a poker machine in accordance with this Act and the Liquor Act 1982 and the other conditions to which the licence is subject.
51 Operation of poker machines by persons under 18 years
(1) A person under the age of 18 years shall not use or operate a poker machine in a hotel.Maximum penalty: 5 penalty units.(2) It is a defence to a prosecution for an offence arising under this section if it is proved that the person who used or operated the poker machine did so under the supervision of the holder of a technician’s licence for the purpose only of receiving training and instruction in respect of the servicing, repair or maintenance of poker machines.
63 Evidentiary provisions
(1A) In any legal proceedings, any one or more of the following allegations is taken to be proved unless the contrary is proved:(a) that a specified machine is, or is not, an approved poker machine,(b) that a specified poker machine is, or is not, an authorised poker machine,(c) that a specified hotelier is, or is not, authorised to keep, and to permit the use and operation of, a specified poker machine or a specified number of poker machines,(d) that a specified person is the Principal Registrar,(e) that a specified person is the holder of a gaming-related licence or a specified kind of gaming-related licence,(f) that a specified person is not the holder of a gaming-related licence or a specified kind of gaming-related licence,(g) that a specified gaming-related licence has been suspended,(h) that a specified person is a special inspector.(3) In any proceedings under this Act, an allegation in an information that, at a specified time, a person was under the age of 18 years is evidence of the truth of the allegation unless, as prescribed, the defendant denies the allegation.
65A Additional penalties
In addition to any other penalty it may impose for an offence committed by a hotelier under this Act, the Licensing Court may, if it thinks appropriate, do any one or more of the following:(a) reprimand the hotelier,(b) impose a condition to which the hotelier’s licence is to be subject or revoke or vary a condition to which the licence is subject,(c) suspend the licence for such period, not exceeding 12 months, as the court thinks fit,(d) cancel the licence,(e) disqualify the hotelier from holding a hotelier’s licence for such period as the court thinks fit,(f) give such directions as to the exercise of the licence as the court thinks fit.
77 Lawful keeping etc of poker machines in hotels
Despite anything in the Lotteries and Art Unions Act 1901, the Gaming and Betting Act 1912 or any other Act except this Act, and despite any law, it is lawful:(a) to keep and operate an authorised poker machine in a hotel, andif the poker machine is kept and operated, and the prizes and bonuses are paid or presented, in accordance with this Act and any conditions of the hotelier’s licence.(b) to pay or present prizes and bonuses won as a direct or indirect consequence of operating a poker machine,
77A Investigation of certain devices as approved poker machines
(1) The holder of a dealer’s licence may apply to the Board for declaration of a device as an approved poker machine and the Board may:(a) investigate the application, or authorise its investigation, in order to determine whether the device is suitable for declaration, and(b) require the applicant to meet the cost of the investigation.(2) It is a condition of the licence of the applicant that the licensee is to pay to the Board, within a time allowed by the Board, such of the costs of the investigation as may be required by the Board and is to do so even if the investigation is terminated without a decision being made as to whether or not the device is to be declared to be an approved poker machine.(3) Costs determined by the Board for the purposes of this section are reviewable only by the Board.(4) This section does not:(a) confer a right to have a device investigated, or(b) prevent the Board from terminating at its discretion an investigation of a device.
77B Declaration of approved poker machine
(1) The Board may declare that a device referred to in the declaration is an approved poker machine.(2) A declaration under this section:(a) may refer to a device or poker machine specifically or by reference to a class or description of devices or poker machines, and(b) in relation to a device, may be a temporary declaration pending final determination of an application for declaration of the device as an approved poker machine.(3) Without affecting the discretion of the Board to make, or refuse to make, a declaration of a device as an approved poker machine, the Board may refuse to make such a declaration if the Board considers that it would relate to a device that does not meet such technical standards as the Board considers to be necessary to ensure the integrity of gaming by use of the device.(4) If an approved poker machine kept by a hotelier is modified in such a way that it is in the form of a different approved poker machine, it ceases to be an approved poker machine despite being in that form unless:(a) the material used to effect the modification was supplied by the holder of a dealer’s licence, either directly or through the holder of another gaming-related licence, and(b) the modification was effected in accordance with a variation of the authority in force in relation to the poker machine under section 78A.(5) A minor or insignificant variation does not preclude a poker machine from being an approved poker machine if the variation does not affect its security or integrity or the manner in which the poker machine from which it varies was designed and programmed to function.(6) The Board may revoke a declaration in force under this section if it considers that it is necessary to do so in the public interest or if it is a temporary declaration.(7) If the Board revokes a declaration of a device as an approved poker machine, the revocation does not take effect until the hotelier in possession of the poker machine has been given, or served by post with, written notice of the revocation or declaration.(8) A poker machine ceases to be an approved poker machine if its declaration as an approved poker machine is revoked.(9) Neither the Board nor a member of the Board incurs any liability that but for this section might be claimed to arise from:(a) declaration by the Board to the effect that a device is an approved poker machine, or(b) a revocation by the Board of such a declaration.
77C Dealer may make representations on investigation of device or revocation of declaration
(1) The Board may not:(a) terminate the investigation of an application by the holder of a dealer’s licence for declaration of a device as an approved poker machine, or(b) refuse such an application, orunless this section is complied with before it decides to do so.(c) revoke the declaration of a device as an approved poker machine,(2) The Board must serve on the relevant holder of a dealer’s licence a notice in writing that complies with subsection (3).(3) The notice must:(a) specify the reasons why the Board is considering taking such action as is specified in the notice, and(b) afford the licensee an opportunity to show cause within such period of at least 14 days as is specified in the notice why the Board should not take that action.(4) The licensee may, within the period allowed by the notice, arrange with the Board for the making of submissions to the Board as to why the proposed action should not be taken and the Board is to consider any submissions so made.(5) After considering any submissions made by the licensee, or if no such submissions are made, the Board may:(a) proceed with the proposed action, or(b) conditionally or unconditionally desist from taking the proposed action.(6) The decision of the Board takes effect when written notice of the decision is given to the licensee or on a later date specified in the notice.
78 Keeping, acquisition and disposal of poker machine
A hotelier must not:(a) keep a poker machine that is not an authorised poker machine, or(b) keep an authorised poker machine without complying with any conditions imposed by the Board in relation to the keeping of the poker machine, or(c) acquire a poker machine without the authority of the Board or without complying with any conditions imposed by the Board in relation to the acquisition of the poker machine, or(d) dispose of a poker machine without the authority of the Board or without complying with any conditions imposed by the Board in relation to the disposal of the poker machine.Maximum penalty: 100 penalty units.
79 Application to keep or dispose of poker machine
(1) An application to the Board by a hotelier:(a) for authority to acquire and keep, or to dispose of, an approved poker machine, oris to be in a form approved by the Board and is to be accompanied by such documents as comply with the requirements of the form.(b) for a variation of an authority to keep a poker machine,(2) If, before a decision is made on an application, there is a change in the information provided in or accompanying the application (including information provided under this subsection) the hotelier must immediately provide the Board with full particulars of the change.Maximum penalty: 20 penalty units.(3) The Board may, from time to time before making a decision on an application, require the hotelier to provide, or require the hotelier to authorise another person to provide, the Board with such further information in relation to the application as is specified by the Board and, until the information is provided, may defer consideration of the application.(4) The Board:(a) may approve an application form that requires the information provided by completing the form to be verified by statutory declaration, and(b) may require information or particulars provided by the hotelier to be verified by statutory declaration.(5) A hotelier must not acquire or modify a poker machine unless:(a) the property in the poker machine passes to the hotelier unconditionally and free from encumbrances after being paid for in full by the hotelier without the hotelier having obtained financial accommodation in order to make the payment, orunder a written contract that includes such terms and conditions as may be prescribed by the regulations.(b) the poker machine is acquired or modified in accordance with financial and other arrangements approved by the Board,Maximum penalty: 50 penalty units.(6) Any change in the financial or other arrangements under which a hotelier acquires or modifies a poker machine is void without the prior written consent of the Board.(7) An authorisation granted under this section ceases to have effect:(a) if it is suspended or cancelled by the Board, or(b) if it relates to a poker machine that has, in accordance with section 77B, ceased to be an approved poker machine.
79A Trial of poker machine
(1) A hotelier may, with the approval of the Board and subject to compliance with any conditions imposed by the Board, keep on the licensed premises:(a) on a trial basis, anda poker machine that is not an approved poker machine.(b) for a period fixed by the Board,(2) If a poker machine is kept as provided by subsection (1), the provisions of this Act (section 79 (5) and (6) excepted) and the Liquor Act 1982 apply to the poker machine in the same way as those provisions apply to an authorised poker machine.
80 Sharing of receipts from poker machine prohibited
A hotelier must not:(a) share any receipts arising from the operation of a poker machine, orwith or to any other person other than a person named for the purposes of section 163 of the Liquor Act 1982.(b) make any payment or part payment by way of commission or allowance from or on those receipts,Maximum penalty: 50 penalty units.
81 Granting interests in poker machines
(1) A hotelier must not grant any interest in a poker machine to any other person.Maximum penalty: 50 penalty units.(2) This section does not apply to:(a) an interest in a poker machine that arises from an interest (such as a floating charge) granted over the whole of the assets of a hotelier or over a portion of such assets that includes, but does not specifically identify, the machine, or(b) an interest in a poker machine that is granted in accordance with financial or other arrangements approved by the Board.
82 Defective poker machine
(1) A hotelier is guilty of an offence if a poker machine available for use in the hotel fails to function in the manner in which it was designed and programmed to function.Maximum penalty: 100 penalty units.(2) It is a defence to a prosecution for an offence under subsection (1) if it is proved:(a) that the operation of the poker machine was for testing or maintenance purposes, or(b) that the hotelier:(i) had taken all reasonable precautions to ensure that the poker machine was functioning properly, and(ii) at the time of the alleged offence did not know, and could not reasonably be expected to have known, that the poker machine was not functioning properly.
82D Protection of sensitive areas of poker machines
(1) It is an offence for a person (other than a specially authorised person) to do any of the following:(a) break a seal securing a computer cabinet or gain access to anything within a computer cabinet,(b) affix a seal to a computer cabinet,(c) remove, replace or in any way affect or interfere with the operation of a computer cabinet or anything within a computer cabinet,(d) break a seal protecting the integrity of the game program of a poker machine,(e) remove, or interfere with, any security device on a poker machine,(f) remove, or interfere with, the housing protecting the meters of a poker machine,(g) remove, disconnect or interfere with a meter of a poker machine,(h) interfere with information received, stored or transmitted electronically by a poker machine,(i) remove, or interfere with, any mark or seal affixed to a poker machine to preserve the integrity of operation of the machine.Maximum penalty: 100 penalty units.(1A) A specially authorised person must, if the person breaks any seal in doing anything referred to in subsection (1), replace the seal.Maximum penalty: 100 penalty units.(2) Except as provided by subsection (2A), a person (including a specially authorised person) who removes, alters or otherwise interferes with the compliance plate on a poker machine is guilty of an offence.Maximum penalty: 100 penalty units.(2A) Subsection (2) does not prevent the holder of a technician’s licence from doing any of the following things in relation to the compliance plate on a poker machine, so long as the machine is not operated at any time when the compliance plate is not attached to the machine:(a) moving the compliance plate to another part of the machine,(b) removing the compliance plate if it is damaged, and replacing it with a new compliance plate,(c) destroying any such damaged compliance plate,(d) temporarily removing the compliance plate in order to enable work to be done to the facade of the machine.(3) A person who authorises or permits another person to act in a way that is an offence under another provision of this section is also guilty of an offence.Maximum penalty: 100 penalty units.(4) In this section:compliance plate has the same meaning as in section 116D.computer cabinet means the sealable part of a poker machine that contains the game program storage medium and the random access memory.means a special inspector, a holder of a technician’s licence, a person exercising a function under section 127 or a person appointed by the Director as a specially authorised person for the purposes of this section.
82E Modification of poker machine
(1) A person who modifies an approved poker machine in such a way that it is in the form of a different approved poker machine is guilty of an offence unless the person holds a technician’s licence or the modification does not, as provided by section 77B, preclude the poker machine from being an approved poker machine.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.(2) A holder of a technician’s licence who modifies an approved poker machine in such a way that it is in the form of a different approved poker machine is guilty of an offence unless there is returned within a reasonable time to the supplier of the materials for the conversion so much of the poker machine as ceased to form part of it after its conversion and comprised:(a) a meter, circuit board, read-only memory device or artwork, or(b) a component prescribed as a restricted component.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.
82F Consignment or movement of poker machines
(1) A holder of a dealer’s licence, a seller’s licence or an adviser’s licence who consigns or moves a poker machine:(a) to or from any place at which the licensee carries on the business authorised by the licence, oris to give the Director a written notification stating the particulars required by this section, and is to do so not later than 3 clear days before the consignment or movement or, in a particular case or class of cases, within a time approved by the Director.(b) from outside the State to a place within the State,(2) The required particulars are:(a) the number of machines, and(b) the number of each type of machine, and(c) the manufacturer’s serial number for each of the machines, and(d) the origin and destination of the machines, and(e) the intended dates of transportation, and(f) the intended method of transport and the name of the carrier.(3) The Director may, conditionally or unconditionally, grant an exemption from the operation of this section in a particular case or a particular class of cases.(4) A licensee who fails to comply with a requirement of this section that is applicable to the licensee is guilty of an offence.Maximum penalty: 50 penalty units.
83 Unlawful interference with poker machine
(1) A person who:(a) has possession of a device made or adapted, or intended by the person to be used, for interfering with the normal operation of a poker machine in a hotel, or(b) does anything calculated, or likely, to interfere with the normal operation of a poker machine in a hotel, oris guilty of an offence.(c) does anything calculated to render a poker machine in a hotel incapable, even temporarily, of producing a winning combination,Maximum penalty: 100 penalty units.(2) Subsection (1) does not apply to anything done in good faith in connection with:(a) the installation, alteration, adjustment, maintenance or repair of a poker machine by the holder of a technician’s licence, or(b) the exercise by a person of a function conferred or imposed by this Act on a specially authorised person referred to in section 82D.(3) A person who, with intent to dishonestly obtain money or a financial advantage for himself or herself or another person, inserts in a poker machine in a hotel anything other than:(a) a coin or token of the denomination or type displayed on the machine as that to be used to operate the machine, or(b) a banknote of a denomination approved by the Board for use in order to operate the machine, oris guilty of an offence.(c) a card of a type approved by the Board for use in order to operate the machine,Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.(4) A person who knows of any faulty or fraudulent computer programming and as a result gains, or gains for another person, an advantage in the operation of a poker machine is guilty of an offence.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.(5) A person who authorises or permits another person to act in a way that is an offence under another provision of this section is guilty of an offence.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.
83A Illegal advantage gained during design etc of poker machine
(1) A person who, during the design, manufacture, assembly, maintenance or repair of a poker machine, dishonestly makes provision to gain an advantage (whether or not for another person) in the operation of the machine is guilty of an offence.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.(2) A person who, as a result of gross negligence during the design, manufacture, assembly, maintenance or repair of a poker machine, makes provision to gain an advantage (whether or not for another person) in the operation of the machine is guilty of an offence.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.(3) A person who does anything to a poker machine in order to conceal anything that is an offence under subsection (1) or (2) is guilty of an offence.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.(4) A person who authorises or permits another person to act in a way that is an offence under another provision of this section is guilty of an offence.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.
84 Illegal possession of poker machine by hotelier
A hotelier must not be in possession of a poker machine that is not an authorised poker machine.Maximum penalty: 100 penalty units.
88 Definitions
In this Part:poker machine adviser means a person who, under a contract of service or contract for services, advises other persons, or issues analyses or reports, concerning poker machines but who is not a solicitor or accountant in public practice as such whose giving of the advice, or issuing or publishing of the analyses or reports, is solely incidental to the practice of his or her profession or, in the case of a hotelier or the manager of a hotel, is solely incidental to his or her duties as a hotelier or as manager of the hotel.
90 Granting of gaming-related licences
(1) The Licensing Court may, on application made in a form approved by the Board, grant:(a) a poker machine dealer’s licence, or(b) a poker machine seller’s licence, or(c) a poker machine technician’s licence, or(d) a poker machine adviser’s licence.(2) For the purposes of this section, the Board may:(a) approve a form of licence for each class or description of gaming-related licence, and(b) in a case where more than one gaming-related licence may be held by the same person—approve a form in which the licences may be granted or held at the same time.(3) The Licensing Court is not bound to deal with applications for gaming-related licences, whether of the same kind or of different kinds, in the order in which they are lodged.(4) Except in so far as the Licensing Court otherwise directs either generally or in a particular case, the jurisdiction of the Licensing Court to grant an application under this Division may, in the case of an application to which, after investigation, there is no objection, be exercised by the Principal Registrar.(5) Sections 96–99 do not apply to an application for a gaming-related licence made by a person who holds another gaming-related licence under this Act or a gaming-related licence under the Liquor Act 1982.
90A Work permits
(1) The Principal Registrar may, pending a decision on an application for a seller’s licence, technician’s licence or adviser’s licence, issue a work permit in a form approved by the Board.(2) A work permit is subject to any conditions or restrictions of which the holder of the permit is notified by the Principal Registrar when issuing the permit.(3) A work permit may be cancelled by the Principal Registrar at any time and, unless sooner surrendered or cancelled, ceases to have effect on approval or refusal of the application made by the holder of the permit for a gaming-related licence.(4) Subject to any condition or restriction imposed under subsection (2), this Act applies to the holder of a work permit in the same way as it applies to the holder of a gaming-related licence of the same kind as that applied for by the holder of the work permit.
91 Authority conferred by gaming-related licence
(1) A poker machine dealer’s licence authorises the licensee, subject to this Act and any conditions to which the licence is subject:(a) to manufacture and assemble approved poker machines in the place or places specified in the licence, and(b) to sell, or negotiate the sale of, approved poker machines, whether or not manufactured or assembled by the licensee, and(c) to service, repair and maintain poker machines, and(d) to act as a poker machine adviser.(1A) The Board may impose a condition of a dealer’s licence prohibiting or regulating in a specified place an activity that is, or is proposed to be, carried on by the licensee in that place in addition to the activities already authorised by the licence.(1B) Before deciding whether or not to impose a condition of a dealer’s licence under this section, the Board is to give the licensee an opportunity to make submissions about the proposed condition.(2) A poker machine seller’s licence authorises the licensee, subject to this Act and any conditions to which the licence is subject:(a) as an employee of a holder of a dealer’s licence, seller’s licence or adviser’s licence—to negotiate on behalf of the employer the sale of approved poker machines, and(b) as principal or agent—to sell approved poker machines.(3) A poker machine technician’s licence authorises the licensee, subject to this Act and any conditions to which the licence is subject, to service, repair and maintain poker machines.(4) A poker machine adviser’s licence authorises the licensee, subject to this Act and any conditions to which the licence is subject:(a) to act as a poker machine adviser, and(b) to exercise the authority conferred by a seller’s licence.(4A) If a corporation is the holder of a poker machine dealer’s licence or seller’s licence, the authority conferred by this section on the corporation extends to a director or secretary of the corporation.(5) The Licensing Court may, on the application of the licensee holding a poker machine dealer’s licence, vary by endorsement on the licence the place or places referred to in subsection (1) (a).
91A Director’s report required before application may be granted
(1) An application for a gaming-related licence must not be granted by the Licensing Court unless the Licensing Court has received and considered a report by the Director as to any investigations and inquiries carried out, or reports received, under Division 2A.(2) However, the Licensing Court may hear and determine such an application if any investigation, inquiry or report under Division 2A has not been completed, or received by the court, within 3 months after the application was lodged.(3) The 3 month period may be extended by the Licensing Court on application being made by the Director before the end of the period.
92 Application for gaming-related licence
(1) An application for a gaming-related licence must be advertised as prescribed.(2) An application for a gaming-related licence may not be made by:(a) a person who is under the age of 18 years, or is within a class of persons prescribed as being ineligible to apply for a gaming-related licence, or(b) a person who is disqualified under section 109 from holding a gaming-related licence, or(c) a person who is the holder of a suspended gaming-related licence.(3) An application for a gaming-related licence of a particular kind:(a) may be made only by persons of a prescribed class, orif the regulations so provide in relation to that kind of gaming-related licence.(b) may not be made by persons of a prescribed class,
93 Disclosure of interested parties
(1) An application for a gaming-related licence (other than an application to be licensed as an employee), must be accompanied by an affidavit by a person having knowledge of the facts stating:(a) that the person has made all reasonable inquiries to ascertain the information required to complete the affidavit, and(b) whether there are any persons (other than financial institutions) who will be interested in the business, or the profits of the business, carried on under the licence, and(c) if there are any such persons, their names and dates of birth and, in the case of a proprietary company, the names of the directors and shareholders.(2) For the purposes of subsection (1), a person is interested in the business, or the profits of the business, carried on under the licence if the person is entitled to receive:(a) any income derived from the business, or any other financial benefit or financial advantage from the carrying on of the business (whether the entitlement arises at law or in equity or otherwise), or(b) any rent, profit or other income in connection with the use or occupation of premises on which the business is to be carried on.
94 Updating of application
If, before an application for a gaming-related licence is granted or refused, a change occurs in the information provided in, or in connection with, the application (including information provided under this section) or in the documents lodged with the application, the applicant must forthwith give the Principal Registrar a notice in writing specifying particulars of the change.Maximum penalty: 20 penalty units.
95 Principal Registrar to refer certain applications to Director
(1) A registrar (other than the Principal Registrar) with whom an application to the Licensing Court for a gaming-related licence is lodged is to refer the application to the Principal Registrar.(2) The Principal Registrar is to refer to the Director for investigation:(a) each application to the Licensing Court for a gaming-related licence that is lodged with the Principal Registrar or referred to the Principal Registrar by another registrar, and(b) any changes of which the Principal Registrar is notified under section 94 in relation to such an application.
95A Investigations by Director
(1) On receiving for investigation an application for a gaming-related licence, the Director must carry out all such investigations and inquiries in relation to the applicant as are considered by the Director to be necessary for a proper consideration of the application and is to complete those investigations and inquiries within 6 months after the application was lodged.(2) In particular, the Director must refer to the Commissioner of Police details of the applicant together with any supporting information in relation to the applicant that the Director considers to be appropriate for referral to the Commissioner.(3) The Commissioner of Police is to inquire into, and report to the Director on, such matters concerning the applicant as the Director may request.(4) An application is to proceed to be dealt with even if any investigation, inquiry or report under this section in relation to the applicant has not been completed within 6 months after the application was lodged.
95B Director may require further information
(1) The Director may, by notice in writing, require a person whose application for a gaming-related licence has been referred to the Director, or may require a close associate of any such person, to do one or more of the following things:(a) provide, in accordance with directions in the notice, such information verified by statutory declaration as is relevant to the investigation of the application and is specified in the notice,(b) produce, in accordance with directions in the notice, such records as are relevant to the investigation of the application and permit examination of the records, the taking of extracts from them and the making of copies of them,(c) authorise a person described in the notice to comply with a requirement of the kind referred to in paragraph (a) or (b),(d) furnish to the Director such authorities and consents as the Director requires for the purpose of enabling the Director to obtain information (including financial and other confidential information) from other persons concerning the person and his or her associates.(2) A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person.(3) The Licensing Court may refuse to grant an application if a requirement made under this section in relation to the application is not complied with.
96 Expenses of investigation of application
(1) The Licensing Court may, on the application of the Director or the Commissioner of Police, order an applicant for a gaming-related licence to pay to the Board within a stated time the amount required by this section.(2) The amount required is a specified amount towards defraying the cost of anticipated expenditure outside the State, and anticipated travelling expenses (whether within or outside the State), involved in investigating the application for the licence.(3) If an applicant for a gaming-related licence is required to make a payment under this section and fails to make the payment:(a) the Director may refuse to proceed with investigation of the application, and(b) the Licensing Court may refuse to hear the application and may dismiss it.
97 Who may object
(1) An objection to the granting by the Licensing Court of an application under this Act may, as prescribed, be taken:(a) by the Commissioner of Police, or(b) by the Director, or(c) except in the case of an application to be licensed as an employee—by the local consent authority in relation to the premises on or from which it is proposed to carry on the business to which the application relates, or(d) by any other person with the leave of the Court.(2) An objection may not be taken by a person referred to in subsection (1) (d) unless it is accompanied by an affidavit by the objector stating:(a) whether the objector has any direct or indirect pecuniary interest in the refusal of the application or any expectation of such an interest, and(b) whether any person other than the objector is interested in the lodging of the objection and, if so:(i) the name of each such person, and(ii) where such a person is a proprietary company—the names of the directors and shareholders.
98 Grounds of objection
(1) Objection to the grant of an application for a gaming-related licence may be taken on one or more of the following grounds:(a) that the applicant is not a fit and proper person to be the holder of a gaming-related licence,(b) except in the case of an application to be licensed as an employee—that a person directly or indirectly interested in the application or in the business, or the profits of the business, to be carried on under the gaming-related licence if the application is granted is not a fit and proper person to be so interested,and, where any such objection is taken, the onus is on the applicant to rebut the objection.(c) that a person who is, was or will be a close associate of the applicant is not a fit and proper person to be a close associate of the holder of a gaming-related licence,(2) In addition to, or instead of, a ground specified in subsection (1), objection to the grant of an application for a gaming-related licence may be taken on one or more of the following grounds:(a) that, during the period of 12 months that last preceded the making of the application, the applicant was convicted of carrying on an activity without being the holder of a gaming-related licence required for the lawful carrying on of that activity,(b) that a gaming-related licence held by the applicant was cancelled during that period of 12 months,(c) that section 94, a requirement of the Director under Division 2A, or an order under section 96, has not been complied with,(d) that, for other reasons specified in the objection (not being reasons based on the unsuitability of a person for any purpose) it would not be in the public interest to grant the application.(3) Objection to the grant of an application by the Licensing Court (other than an application for a gaming-related licence) may be taken on the ground that, for specified reasons, it would not be in the public interest to grant the application.
99 Taking of objection
(1) An objection under section 98 may be taken only by a written notice of objection that:(a) is signed by each objector and specifies, in each case, the address of the objector, and(b) if the objection is on the basis that a person is not a fit and proper person for a particular purpose, specifies the reasons why the objector considers that the person is not a fit and proper person for that purpose.(2) Except as provided by subsection (3), an objection may not be heard and determined unless a copy of the notice of objection has been given to the applicant and the registrar at least 3 clear days before the hearing of the application.(3) The Licensing Court may, in a proper case and subject to compliance with any conditions imposed by the Court, hear and determine an objection to the grant of an application taken at the hearing of the application subject to the hearing, if the applicant so requests, being adjourned for such period of not less than 3 clear days as the Court thinks fit.(4) When hearing and determining an objection, the Licensing Court must admit into evidence and consider any relevant findings of a court, a tribunal or a Royal Commission, the Independent Commission Against Corruption or other commission of inquiry or a coroner in any investigation, inquiry or other proceeding if those findings have been publicly released and are brought to the attention of the Court.
100 Discretionary powers of Licensing Court
(1) Notwithstanding that an objection to the grant of an application for a gaming-related licence has not been taken or, if taken, has not been made out, the Licensing Court may refuse the application if it finds, after subsection (2) has been complied with, that reasons exist upon which an objection could have been grounded and made out.(2) A finding under subsection (1) may be made only if:(a) the applicant has been made aware of the reasons for the possibility of such a finding, and(b) the applicant has been given an opportunity to make submissions, and adduce evidence, related to those reasons, and(c) those reasons are, or include, the reasons for the finding.(3) Notwithstanding a finding by the Licensing Court that an objection to the grant of an application for a gaming-related licence on a ground other than a ground based on the unsuitability of the applicant, the public interest or a failure to comply with a requirement of the Director under Division 2A has been made out, the Court has a discretion to grant the application.(4) The Licensing Court may grant an application even though an objection to the grant of the application has been made out on the ground of a failure to comply with a requirement of the Director under Division 2A, but only if the Court is satisfied that reasonable cause has been shown for the failure to comply with the requirement.
101 Conditions of gaming-related licences
(1) The Licensing Court may:(a) on the hearing of an application for the grant of a gaming-related licence or of any matter relating to a gaming-related licence—of its own motion or on the application of a party to the hearing, the Director or the Commissioner of Police, orimpose a condition not inconsistent with this Act without prior compliance with which the grant does not take effect or to which the licence is to be subject.(b) at any other time—on the application of the Director or the Commissioner of Police,(2) A gaming-related licence is subject to:(a) a prescribed condition,(b) a condition imposed under subsection (1),(c) a condition imposed by the Licensing Court on the hearing of a complaint under section 108, andwhether or not the condition is endorsed on the licence.(d) any other condition the Court is authorised by this Act to impose,(3) Where a gaming-related licence is subject to a condition, the licensee must comply with the condition.Maximum penalty: 100 penalty units.(4) The Licensing Court may vary or revoke a condition (other than a prescribed condition) of a gaming-related licence:(a) at any time on the application of the licensee, the Director or the Commissioner of Police, or(b) at any time of its own motion, whether or not on the hearing of any matter relating to the licence.
102 Condition of dealer’s licence from 1 January 1990
(1) The Licensing Court may, on application by the holder of a dealer’s licence, impose a condition of the licence prohibiting the licensee from using specified parts in the manufacture of an approved poker machine by the licensee after 31 December 1989 unless the parts are made in Australia.(2) A condition may specify such parts as the Licensing Court thinks fit, whether or not they are, or include, the parts to which the application relates.(3) A dealer’s licence that, immediately before 1 January 1990, is not subject to a condition referred to in subsection (1) is suspended on and from that date until it is subject to such a condition.
102A Board may require dealer to alter certain poker machines
(1) The Board may require the holder of a dealer’s licence to arrange, at the expense of the dealer and within a specified time (or within such further time as the Board may allow), for a specified alteration to be made to an approved poker machine that is to be, or has been, supplied by the licensee to a hotelier after the commencement of this section.(2) It is a condition of a dealer’s licence that the licensee is to comply with any requirement made of the licensee under this section.(3) It is a condition of a hotelier’s licence that the hotelier is to allow the holder of a dealer’s licence or a technician’s licence such access to a poker machine in the hotel as may be required to enable the holder of the dealer’s licence to comply with a requirement of the Board under this section.
103 Issue of gaming-related licence
(1) Where the Licensing Court or the Principal Registrar grants an application for a gaming-related licence, the licence is not to be issued unless the prescribed fee for the grant of the licence has been paid to the Principal Registrar and any condition without prior compliance with which the grant does not have effect has been complied with.(2) The Licensing Court may stay the issue of a gaming-related licence:(a) until the expiration of the period within which an appeal against the adjudication granting the licence may be made or the expiration of the period of 1 month that next succeeds the adjudication, whichever is the later, andand may at any time terminate such a stay.(b) where such an appeal is lodged—until the appeal is heard and determined or otherwise disposed of,(3) A grant of an application for a gaming-related licence does not have effect while the issue of the licence is prohibited by, or stayed under, this section.
104 Duration of gaming-related licence
Except during any period of suspension, a gaming-related licence remains in force until its surrender in writing is accepted by the Board or it is sooner cancelled.
106 Periodic returns by gaming-related licensees
(1) Within the period of 1 month after the expiration of each period prescribed for the purposes of section 105, the holder of a gaming-related licence is to lodge with the Director a return that:(a) is in a form approved by the Director, and(b) is accompanied by such documents as may be prescribed, and(c) is signed by the licensee or, if the licensee is a corporation, by at least 2 directors of the corporation.(2) The form of return approved by the Director may be in the form of a statutory declaration.(3) Compliance with this section is a condition of a gaming-related licence.
107 Application of Division to former holders of gaming-related licences
This Division applies to a former holder of a gaming-related licence in the same way as it applies to a holder for the time being of a gaming-related licence.
107A Director may investigate holders of gaming-related licences and others
(1) The Director may at any time carry out all such investigations and inquiries as are considered by the Director to be necessary in order to ascertain whether a complaint should be made under section 108 against the holder of a gaming-related licence or a close associate of the holder of a gaming-related licence.(2) The Commissioner of Police is to inquire into, and report to the Director on, such matters as the Director may request concerning the licensee to whom the complaint, if made, would relate.(3) The Director may, by notice in writing, require a licensee or a close associate who is the subject of an investigation under this section, or may require a close associate of any such licensee, to do one or more of the following things:(a) provide, in accordance with directions in the notice, such information verified by statutory declaration as is relevant to the investigation and is specified in the notice,(b) produce, in accordance with directions in the notice, such records as are relevant to the investigation and permit examination of the records, the taking of extracts from them and the making of copies of them,(c) authorise a person described in the notice to comply with a requirement of the kind referred to in paragraph (a) or (b),(d) furnish to the Director such authorities and consents as the Director requires for the purpose of enabling the Director to obtain information (including financial and other confidential information) from other persons concerning the person under investigation and his or her associates.(4) A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person.
108 Summons to show cause against taking of disciplinary action
(1) A complaint in relation to a holder of a gaming-related licence is an authorised complaint if it is made in writing by:(a) the Commissioner of Police, or(b) the Director, or(c) a hotelier, orand specifies as its grounds one or more of the grounds referred to in subsection (2).(d) a person authorised by the regulations to make the complaint,(1A) A complaint in relation to a person who is a close associate of a licensee is an authorised complaint for the purposes of this section if it is made in writing by the Commissioner of Police or the Director and specifies as its grounds one or more of the grounds specified in subsection (2A). A complaint under this subsection can be made in conjunction with a complaint in relation to the licensee on the ground specified in subsection (2) (f) or any other ground and those complaints can be heard and determined together.(2) The grounds upon which an authorised complaint under subsection (1) may be made are:(a) that the licensee has, while holding the licence, been convicted:(i) of an offence against this Act specified in the complaint, or(ii) of an offence prescribed for the purposes of this subsection,(b) that the licensee has, while holding the licence, failed to comply with a specified condition of the licence,(c) that the licensee has, while holding the licence, failed to comply with a specified order or direction of the Licensing Court or the Board,(d) that the licensee has failed to make due payment of a penalty for late payment of a fee in accordance with this Act,(e) that the licensee is not a fit and proper person to be the holder of the licence,(e1) that a requirement of the Director made under this Act in relation to the investigation of a licensee and specified in the complaint has not been complied with,(f) that a person named in the complaint is, was or will be a close associate of the licensee and is not a fit and proper person to be a close associate of a licensee,(g) that a specified person named in an affidavit under section 93 or 112 is not a fit and proper person to be interested in the licence, or in the business or the profits of the business, carried on pursuant to the licence,(h) that the licence has not been exercised in the public interest,(i) that the continuation of the licence is not in the public interest.(2A) The grounds on which an authorised complaint under subsection (1A) may be made in relation to a person who is a close associate of a licensee are as follows:(a) that the close associate is not a fit and proper person to be a close associate of a licensee,(b) that a complaint against the licensee under this section has been established and that:(i) the close associate knew or ought reasonably to have known that the licensee was engaging or was likely to engage in conduct of the kind to which the complaint relates, and(ii) the close associate failed to take all reasonable steps to prevent the licensee from engaging in conduct of that kind,(c) that a requirement of the Director made under this Act in relation to the investigation of the close associate and specified in the complaint has not been complied with.(3) Upon the making of an authorised complaint, a licensing or other Magistrate, or the Principal Registrar, may summon the licensee or other person to whom the complaint relates to appear before the Licensing Court to answer the complaint and show cause why disciplinary action should not be taken under section 109.(4) A summons under subsection (3):(a) must specify the grounds of the complaint upon which the summons was issued,(b) where a ground of complaint is based on a person not being a fit and proper person for any purpose or based on the public interest—must specify the reasons given by the complainant for making the complaint on that ground, and(c) must be served on the person the subject of the complaint and, if that person is not the licensee, on the licensee personally or by post or in any other prescribed manner.(5) Where an authorised complaint has been made in relation to a holder of a gaming-related licence, the complainant must cause a copy of the complaint to be served by post on each person named:(a) in the affidavit referred to in section 93 that accompanied the application for the licence, andand each person so named may, at the hearing of the complaint, be represented and be heard.(b) in any affidavit produced to the Principal Registrar by the licensee in accordance with section 112,(6) A particular failure to comply with a condition of a gaming-related licence may not be the subject both of an authorised complaint and proceedings for an offence.
108A Complaints against close associates
(1) For the purposes of section 108 (2A) (b), a complaint against a licensee under that section is taken to have been established if the Licensing Court, on the hearing and determination of a complaint in relation to the licensee under that section, found that the matter of the complaint had been made out.(2) On the hearing and determination of a complaint under section 108 (1A) on the ground referred to in section 108 (2A) (b), the onus is on the close associate to satisfy the Licensing Court that the close associate took all reasonable steps to prevent the licensee from engaging in conduct of the kind concerned.
109 Disciplinary powers of Court
(1) Upon the appearance of a holder of a gaming-related licence in response to a summons under section 108 or in the absence of the licensee after being duly summoned, the Licensing Court is to proceed to hear and determine the matter of the complaint to which the summons relates and, if it is satisfied that the ground upon which the complaint was made has been made out, may do any one or more of the following:(a) reprimand the licensee,(b) order the licensee to pay to the Crown a monetary penalty not exceeding 500 penalty units in the case of a corporation and 200 penalty units in any other case or, if circumstances of aggravation exist in relation to the complaint, not exceeding 1,000 penalty units in the case of a corporation or 400 penalty units in any other case,(c) impose a condition to which the licence is to be subject, or revoke or vary a condition to which the licence is subject,(d) suspend the licence for such period, not exceeding 12 months or, if circumstances of aggravation exist in relation to the complaint, not exceeding 24 months, as the Licensing Court thinks fit,(e) cancel the licence,or may take no action.(f) disqualify the licensee from holding a gaming-related licence for such period as the Licensing Court thinks fit,(1A) For the purposes of this section, circumstances of aggravation exist in relation to a complaint if (and only if) any of the following paragraphs applies:(a) the complaint alleges that for the reasons specified in the complaint the matter of the complaint is so serious as to warrant the taking of action that is available to the Licensing Court when circumstances of aggravation exist,(b) the Licensing Court, in finding that the matter of the complaint has been made out, is of the opinion (having regard to such matters as the number of contraventions of the Act involved, the seriousness of the contravention involved, the number of people involved in the contravention, the seriousness of the outcome of the contravention, or other relevant considerations) that the matter of the complaint is so serious as to warrant the taking of action that is available to the Licensing Court when circumstances of aggravation exist.(1B) On the appearance of a person in response to a summons under section 108 in respect of a complaint under section 108 (1A), or in the person’s absence after being duly summoned, the Licensing Court is to proceed to hear and determine the matter of the complaint to which the summons relates and, if it is satisfied that the ground on which the complaint was made has been made out, may do any one or more of the following:(a) reprimand the person,(b) disqualify the person from being a close associate of a licensee for such period as the Licensing Court thinks fit,(c) disqualify the person from holding a licence for such period as the Licensing Court thinks fit,or may take no action.(d) order the person to pay to the Crown a monetary penalty not exceeding 500 penalty units in the case of a corporation or 200 penalty units in any other case,(1C) While a person is disqualified by the Licensing Court from being a close associate of a licensee, the person is conclusively presumed for the purposes of this Act and the Liquor Act 1982 to be a person who is not a fit and proper person to be a close associate of a licensee under either Act.(1D) The taking of action under subsection (1B) in respect of a complaint does not prevent or limit the taking of any other action under this section in respect of any other complaint in relation to a licensee (whether or not that other complaint is heard together with the complaint).(2) Where, under subsection (1), the Licensing Court hears and determines the matter of a complaint made by the Commissioner of Police or the Director, the Court may, in its discretion, order:(a) that the licensee against whom the complaint was made pay the complainant’s reasonable costs and expenses incurred in making the complaint, or a specified part of those costs and expenses, or(b) that the complainant pay to the licensee the licensee’s reasonable costs and expenses incurred in answering the complaint, or a specified part of those costs and expenses.(2A) When hearing and determining the matter of a complaint under subsection (1), the Licensing Court must admit into evidence and consider any relevant findings of a court, a tribunal or a Royal Commission, the Independent Commission Against Corruption or other commission of inquiry or a coroner in any investigation, inquiry or other proceeding if those findings have been publicly released and are brought to the attention of the Court.(3) Where an order for the payment of money is made under this section and the prescribed documents are filed in the office of a Local Court having jurisdiction under the Local Courts (Civil Claims) Act 1970, the order may be enforced as if it were a judgment of that Local Court for the payment of the money in accordance with the order.
111 Keeping of records
(1) Where the holder of a gaming-related licence is a corporation, it is a condition of the licence that the licensee keep the prescribed records relating to the business carried on under the licence at the registered or principal office of the corporation under section 142 or 601CT of the Corporations Act 2001 of the Commonwealth.(2) Where the holder of a gaming-related licence is not a corporation or an employee, it is a condition of the licence that the licensee maintain at least one place of business in the State and keep the prescribed records relating to the business carried on under the licence:(a) if only one place of business is maintained in the State—at that place, or(b) if more than one place of business is maintained in that State—at the principal such place.
112 Control of business carried on under gaming-related licence
(1) If a person (other than a licensee or a financial institution) becomes interested in the business, or the profits of the business, carried on under a gaming-related licence, it is a condition of the licence that the licensee must, within 28 days after the other person’s becoming so interested, produce to the Principal Registrar an affidavit stating:(a) that the licensee has made all reasonable inquiries to ascertain the information required to complete the affidavit, and(b) the name and date of birth of the person so interested and, in the case of a proprietary company, the names of the directors and shareholders.(2) For the purposes of subsection (1), a person is interested in the business, or the profits of the business, carried on under the licence if the person is entitled to receive:(a) any income derived from the business, or any other financial benefit or financial advantage from the carrying on of the business (whether the entitlement arises at law or in equity or otherwise), or(b) any rent, profit or other income in connection with the use or occupation of premises on which the business is to be carried on.(3) This section does not apply to a licence held as an employee.
113 Competence
Regulations may be made for and with respect to standards of competence to be established or attained by an applicant for, or holder of, a licence of a specified class.
114 Lost or destroyed gaming-related licence
The Principal Registrar may, upon being satisfied that a gaming-related licence has been lost or destroyed and upon payment of the prescribed fee, issue a duplicate of the licence.
116 Manufacture etc of poker machines
(1) A person who manufactures or assembles a poker machine is guilty of an offence unless the person:(a) holds a dealer’s licence, or(b) is a director or secretary of a corporation that holds a dealer’s licence, or(c) is an employee of the holder of a dealer’s licence and is doing work as such an employee.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.(2) A holder of a dealer’s licence who manufactures or assembles a poker machine otherwise than in accordance with the authority conferred on the holder by the licence is guilty of an offence.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.(3) Subsection (2) does not apply to the manufacture or assembly of a poker machine by the holder of a dealer’s licence if:(a) the Board has agreed to the making of an application by the licensee to have the poker machine declared as an approved poker machine, and(b) the manufacture or assembly of the poker machine is for the purposes of the application and its investigation.
116A Supply, sale and purchase of poker machines
(1) A person who offers to supply, or supplies, a poker machine otherwise than by way of sale is guilty of an offence unless the offer or supply has the approval of the Board and any conditions imposed by the Board when giving the approval are complied with.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.(2) A person who offers to purchase, or purchases, a poker machine is guilty of an offence unless the offer is made to, or the poker machine is purchased from, a person who is authorised by a licence, or by or under this Act, to sell the poker machine.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.(3) A person who supplies a poker machine to a hotelier is guilty of an offence unless the keeping of the machine by the hotelier would be lawful.Maximum penalty: 50 penalty units.(4) A person who sells a poker machine is guilty of an offence unless:(a) the person is the holder of a current dealer’s licence, a current seller’s licence or a current adviser’s licence, or(b) the person is a director or secretary of a corporation that is the holder of such a licence, or(c) subsection (5) or (6) applies.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.(5) It is a defence to a prosecution for an offence under subsection (4) if it is proved that the defendant, without being the holder of a seller’s licence or an adviser’s licence, exercised a function of a holder of such a licence but did so only:(a) for the purpose of receiving training or instruction in the exercise of the function, and(b) under the supervision of the holder of such a licence.(6) It is a defence to a prosecution for an offence under subsection (4) if it is proved that the sale is to a purchaser at a price, and on terms and conditions, approved by the Board and is:(a) a sale by a hotelier of a poker machine that is, or was, a poker machine kept by the hotelier, or(b) a sale by a mortgagee of the poker machine in the exercise of a power conferred by the mortgage, or(c) a sale by a person (other than a mortgagee) who obtained possession of the poker machine by exercising a power or proprietary right under financial and other arrangements approved by the Board under section 79.(7) A holder of a dealer’s licence, seller’s licence or adviser’s licence who sells a poker machine otherwise than as authorised by the licence is guilty of an offence.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.(8) A person who supplies, or offers to supply, a poker machine is guilty of an offence if possession of the machine by the person to whom the machine is supplied or offered is or would be unlawful.Maximum penalty: 100 penalty units.(9) This section does not apply to prohibit the sale or supply of a poker machine by:(a) a hotelier with the authority of the Board, if any conditions imposed by the Board when authorising disposal of the machine are complied with, or(b) a hotelier whose hotelier’s licence has been cancelled or who has been disqualified for a period from holding such a licence, if the sale or supply is effected in accordance with arrangements approved by the Board.
116B Servicing and repair of poker machines
(1) A person who services or repairs a poker machine is guilty of an offence unless the person:(a) holds a dealer’s licence or a technician’s licence, or(b) services or repairs the poker machine under the supervision of the holder of such a licence for the purpose of receiving training and instruction in respect of the servicing and repair of poker machines.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.(2) A holder of a dealer’s licence or technician’s licence who services or repairs a poker machine otherwise than in accordance with the authority conferred by the licence is guilty of an offence.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.
116C Advice relating to poker machines
(1) A person who acts as a poker machine adviser without being the holder of a dealer’s licence or an adviser’s licence is guilty of an offence.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.(2) A holder of a dealer’s licence or an adviser’s licence who acts as a poker machine adviser otherwise than in accordance with the authority conferred by the licence is guilty of an offence.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.
116D Compliance plate for poker machine
(1) A holder of a dealer’s licence is guilty of an offence if a poker machine leaves the licensee’s premises without a compliance plate that complies with this section and is securely attached to the machine in a manner approved by the Board.Maximum penalty: 100 penalty units.(2) It is a defence to a prosecution for an offence under this section if it is proved that the defendant had taken all reasonable precautions aimed at ensuring attachment of a compliance plate and, at the time of the offence, did not know, and had no reason to suspect, that a compliance plate was not securely attached to the poker machine in the manner approved by the Board.(3) Exemption from the operation of this section may be granted by the Board in a particular case or a particular class of cases.(4) In this section:compliance plate, in relation to a poker machine, means a plate that:(a) is made of a substance approved by the Board, and(b) is of dimensions not less than dimensions approved by the Board, and(c) may readily be seen and inspected, and(d) shows the name of the dealer, the dealer’s licence number, the serial number of the poker machine and the month and year of the manufacture and assembly of the poker machine, and(e) has those particulars incorporated in a manner approved by the Board and in symbols that are at least of a minimum size approved by the Board.
117 Provision of financial assistance by gaming-related licensee
(1) A holder of a gaming-related licence must not enter into a transaction whereby the licensee:(a) provides financial assistance to a hotelier, or(b) guarantees the observance by a hotelier of a term or condition on which financial assistance is provided to the hotelier by a person other than the licensee, orunless the transaction has received the prior written approval of the Board.(c) indemnifies any person against any loss suffered in relation to financial assistance provided to a hotelier,Maximum penalty: 20 penalty units.(2) A holder of a gaming-related licence must not, without the prior written approval of the Board, agree to a variation of a term or condition of a transaction under this section approved by the Board.Maximum penalty: 20 penalty units.(3) The holder of a gaming-related licence is guilty of an offence if:(a) financial arrangements made by the licensee have been approved by the Board, and(b) there is a change in those arrangements that has not been approved by the Board, and(c) the Board is not notified of the change immediately after it comes to the notice of the licensee.Maximum penalty: 20 penalty units.
118 Cessation of employment of seller, technician or adviser
Not later than 7 days after the termination of a contract of service, or a contract for services, to which the parties are:(a) the holder of a seller’s licence, a technician’s licence or an adviser’s licence, andthe party referred to in paragraph (b) must give the prescribed notification to the Board.(b) the holder of another gaming-related licence or a hotelier,Maximum penalty: 20 penalty units.
121 Possession of approved poker machines
(1) A person knowingly in possession of an approved poker machine is guilty of an offence unless the person:(a) is the holder of a gaming-related licence, or(b) is a hotelier lawfully in possession of the poker machine, or(c) has possession of the poker machine in the ordinary course of a business involving the transportation or storage of goods, or(d) is an authorised person exercising functions under section 127 (which confers certain powers of entry and inspection and related functions), or(e) is in lawful possession of the poker machine as a consequence of its seizure under the authority of a search warrant.Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.(2) This section does not apply to the possession of an approved poker machine by a hotelier if the hotelier’s licence has been cancelled and the possession has not extended beyond a reasonable time after the cancellation.(3) This section does not apply to a person in possession of an approved poker machine if the possession resulted from the exercise of a power conferred on the person by a mortgage and has not extended beyond a reasonable time after the exercise of the power.(4) This section does not apply to a person in possession of an approved poker machine if the person:(a) obtained possession of the poker machine by exercising a power or proprietary right under financial or other arrangements approved by the Board before or after the commencement of this section, and(b) has not retained possession beyond a reasonable time after the exercise of the power.
122 Illegal possession of other poker machines
(1) Except in the case of a holder of a gaming-related licence or as may be prescribed, a person must not be in possession of a poker machine that is not an approved poker machine.Penalty: 100 penalty units or imprisonment for 1 year, or both.(2) Subsection (1) does not apply to possession of a poker machine:(a) if the Board has agreed to the making of an application by the holder of a dealer’s licence to have the poker machine declared by the Board to be an approved poker machine and the possession is for the purposes of the application, or(b) where the Board terminates an investigation of, or refuses to approve, such an application—if the possession is for the purpose of disposing of the device in a manner directed by the Board when notifying the applicant of the termination or refusal and does not extend beyond a reasonable time.
122A Change in state of affairs of gaming-related licensee
If a prescribed change takes place in the state of affairs of the holder of a gaming-related licence, the licensee is guilty of an offence if the Director is not notified in writing of the prescribed particulars of the change within the period of 14 days that next succeeds the change.Maximum penalty: 20 penalty units.
122B Gaming-related licensee to display identification
(1) A holder of a dealer’s licence or a technician’s licence is guilty of an offence if, at any time while servicing, repairing or maintaining a poker machine in a hotel, he or she is not wearing on his or her person a clearly visible form of identification approved by the Board.Maximum penalty: 20 penalty units.(1A) If the holder of a dealer’s licence is a corporation, a reference in this section to the holder of the licence includes a reference to a person acting under the authority of the licence.(2) The Board may exempt a person or the members of a class of persons from the operation of this section.
123 Poker machines not used for gaming
(1) This Part does not operate to prohibit the possession, keeping, use or operation of a poker machine if:(a) it is not operated for gaming, and(b) it is used only for therapeutic purposes with the prior written approval of the Board, and(c) any conditions imposed by the Board when giving the approval are complied with.(2) This Part does not operate to prohibit the possession, keeping, use or operation of a poker machine if:(a) it is not operated for gaming, and(b) it is used only for educational or cultural purposes or for the purpose of promoting the poker machine (but not for the purpose of promoting other goods or services), and(c) the Board has been given at least 3 days’ written notice of the kind of use intended and the Board has not, before the period of notice expires, refused to allow the use, and(d) any conditions imposed by the Board within that period of notice are complied with.(3) In a particular case or a particular class of cases, the Board may waive compliance with the requirement for giving notice under subsection (2) and may impose conditions for operation of the waiver.
124 Liability of management and directors of corporate holder of a gaming-related licence
(1) Where a holder of a gaming-related licence that is a corporation contravenes a provision of this Part, each person who is a director of the corporation or who is concerned in the management of the corporation is, whether or not the corporation has been convicted for the contravention, taken to have contravened the provision unless the person satisfies the court that:(a) the corporation contravened the provision without the knowledge of the person, or(b) the person was not in a position to influence the conduct of the corporation in relation to its contravention of the provision, or(c) the person, being in such a position, used all due diligence to prevent the contravention by the corporation.(2) This section does not affect any liability imposed on a corporation for a contravention of this Part.
126 Identification of special inspectors
(1) The Minister administering section 109 of the Liquor Act 1982 is to cause each special inspector to be issued with a means of identification that is approved by the Minister and includes the following information:(a) that it is issued under this Act by the Minister administering the Liquor Act 1982,(b) the name of the special inspector,(c) that the special inspector is authorised to exercise the powers conferred on a special inspector by the Registered Clubs Act 1976.(2) A special inspector is not authorised to exercise the functions of a special inspector in a hotel without production of his or her means of identification for inspection:(a) by the hotelier, orunless to do so would defeat the purpose for which the functions are to be exercised.(b) in the absence of the hotelier, by the person believed by the inspector to be the most senior person on duty in the hotel,
127 Powers of entry, inspection etc—poker machines
(1) This section applies to:(a) a hotel in which poker machines are kept, or(b) premises on which the holder of a gaming-related licence or a work permit carries on business, or on which the holder of such a licence or a work permit is employed.(2) An authorised person may enter any part of premises to which this section applies and exercise the powers conferred by this section, but may do so only:(a) at a reasonable hour of the day or night, unless it is being exercised in an emergency, and(b) after giving reasonable notice, unless the giving of notice would defeat the purpose for which the powers are to be exercised, and(c) by using no more force than is reasonably necessary.(3) The authorised person may do any of the following:(a) inspect, count, check and test, and make notes relating to, poker machines,(b) require a person having access to records relating to relevant matters to produce the records for examination,(c) make copies of, and take extracts from, records relating to relevant matters,(d) affix a temporary seal to any part of a poker machine,(e) for the purpose of further examination, take possession of, and remove, a record relating to relevant matters.(4) The authorised person may ask any of the following persons to answer questions relating to relevant matters:(a) a hotelier,(b) a holder of a gaming-related licence or, if a holder of a gaming-related licence is a corporation, a director of the corporation,(c) an employee of a hotelier or of a holder of a gaming-related licence,(d) the person who appears to be in charge of the premises entered.(5) The authorised person may take possession of, and remove, a poker machine or a part of a poker machine that is on the premises entered (including any money in the machine or part):(a) for the purposes of further examination, orbut may do so only if the authorised person issues the person apparently in charge of the premises with a written receipt for the machine or part and for any money in the machine or part.(b) if the authorised person believes on reasonable grounds that the poker machine or part is in the possession of a person who, by being in possession of the machine or part, is guilty of an offence,(6) If damage is caused by the exercise of the powers conferred by this section, the Minister is to pay reasonable compensation for the damage unless the exercise of the powers was obstructed by the occupier of the premises.(7) A poker machine or part removed under this section, and any money in the poker machine or part, are to be returned if the Board so directs on the application of the owner made not earlier than 14 days after its removal, unless a summons has been issued under section 130.(8) If a person claims on reasonable grounds that a record removed under this section is necessary for the conduct of business on the premises from which the record was removed, the record is not to be retained beyond the end of the next succeeding day, unless the claimant is first provided with a copy of the record certified by an authorised person to be a true copy.(9) A certified copy of a record provided under this section is for all purposes of equal validity to the original.(10) A Licensing Magistrate or other Magistrate, or the Principal Registrar, may, on the application of an authorised person, issue a summons requiring a person:(a) to produce to the Licensing Court records that the person summoned has failed to produce in accordance with a requirement made under this section, orand, on the return of the summons, the person summoned may be represented and be heard.(b) to appear before the Licensing Court and give evidence in relation to a matter in respect of which the person summoned has failed to answer a question in accordance with such a requirement,(11) A person who, having been served with a summons under this section, fails to comply with the summons, is guilty of an offence.Maximum penalty: 50 penalty units.(12) A person who, not being an authorised person, breaks a temporary seal that has been affixed to a poker machine by an authorised person is guilty of an offence.Maximum penalty: 100 penalty units.(13) In this section:means a special inspector, the Commissioner of Police or a person prescribed as an authorised person for the purposes of this section.relevant matter means a matter relating to:(a) the manufacture, supply, sale, servicing, possession, keeping or operation of a poker machine, or(b) a transaction referred to in section 117 (which relates to the provision of financial assistance to a hotelier by the holder of a gaming-related licence).
128 Hotelier to comply with requirements of special inspector
(1) A special inspector may require a hotelier to:(a) withdraw from operation a poker machine that, in the opinion of the inspector, is not operating properly, or(b) refrain from making available for operation a poker machine withdrawn from operation under paragraph (a) until, in the opinion of the inspector or another special inspector, it is operating properly, or(c) refrain from making a poker machine available for operation except in accordance with controls specified by the inspector in relation to the poker machine, or(d) deliver to the Board, in writing in the English language and within a time specified by the inspector, such particulars relating to a poker machine in the hotel as are so specified, or(e) refrain from making available for operation a poker machine indicated by the inspector until it has been fitted with a device approved by the Board for the purposes of the secure keeping and operation of the poker machine.(2) A hotelier who is required by a special inspector to act under this section and fails to comply with the requirement is guilty of an offence.Maximum penalty: 50 penalty units.
129 Search warrants (poker machines)
(1) A police officer may apply to an authorised justice for a search warrant if the police officer has reasonable grounds for believing that, on specified premises, this Act or a condition of a gaming-related licence is being contravened in relation to a poker machine.(2) An authorised justice to whom an application is made under this section may, if satisfied that there are reasonable grounds for doing so, issue a search warrant to any police officer to enter and search the premises.(3) Part 3 of the Search Warrants Act 1985 applies to a search warrant issued under this section.(4) A police officer who enters any premises on the authority of a search warrant issued under this section may search the premises and may:(a) seize and carry away:(i) any device in the nature of a poker machine, orand any money in the device or part, or(ii) any part of such a device,(b) seize and carry away any books of account and documents that may reasonably be suspected to relate to poker machines or devices in the nature of poker machines, or(c) require any person on the premises to state his or her name and address.(5) This section does not authorise a police officer to carry away anything for which the officer does not give a receipt.(6) In this section, has the same meaning as it has in the Search Warrants Act 1985.
130 Forfeiture or return of removed or seized poker machine
(1) This section applies to a poker machine if it is removed under section 127 or is seized under section 129 in the execution of a search warrant.(2) A Licensing Magistrate or other Magistrate, the Principal Registrar, or an authorised justice under the Search Warrants Act 1985, may (whether or not on application by a police officer) issue a summons requiring:(a) the owner of a poker machine to which this section applies, orto appear before the Licensing Court and show where and for what purpose the person summoned came to be in possession of the poker machine.(b) the owner or occupier of the premises from which such a poker machine was removed or on which it was seized,(3) On the return of the summons and whether or not there is an appearance in response to the summons, the Licensing Court is to inquire into the matter and:(a) order the forfeiture to the use of the Crown of the poker machine, and of any money found in the poker machine, if satisfied that this Act or a condition of a hotelier’s licence or of a gaming-related licence was being contravened in relation to the poker machine on the premises from which it was removed or on which it was seized, or(b) if not so satisfied, order the return to the person summoned of the poker machine and any money found in the poker machine.
130A Other forfeitures of poker machines
(1) If, in proceedings of any kind before it, the Licensing Court or any other Court finds that this Act or a condition of a hotelier’s licence or of a gaming-related licence has been contravened in relation to a poker machine, the Court may order the forfeiture to the Crown of the poker machine and any money found in it.(2) A police officer may seize and carry away anything that the police officer reasonably suspects may be liable to forfeiture under this section or which a Court has ordered to be forfeited to the Crown, including any money in a poker machine or other device at the time of its seizure.
sch 5: Ins 28.2.1997. Am 29.8.1997; 30.7.1999; 2001 No 34, Sch 5.16.
Schedule 6 Modifications to applied provisions of Justices Act 1902
(Clause 79A)
1 Section 63 Manner of service of summons
Section 63 operates in addition to, and does not derogate from, sections 151A and 151B of the Liquor Act 1982.
2 Section 70 How evidence is to be taken
Section 70 operates in addition to, and does not derogate from, section 12 of the Liquor Act 1982.
3 Sections 75A–75E
Sections 75A–75E operate in addition to, and do not derogate from, section 69 of the Liquor Act 1982.
4 Section 81 Payment of costs by defendant, or by prosecutor or complainant
Section 81 applies only to proceedings for offences and does not apply to other proceedings before the Licensing Court.
5 Section 152A Power to refer allegation of contempt to Supreme Court
Section 152A applies as if a reference to section 152 were a reference to section 13 of the Liquor Act 1982.
sch 6: Ins 26.11.1999.