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Gambling (Harm Prevention and Minimisation) Regulations 2004

 

SR 2004/276

 

Contents

 

1Title

2Commencement

3Interpretation

 

Restrictions on venues

 

4Unsuitable class 4 venues

5Restriction on automatic teller machines in class 4 and casino venues

 

Stake and prize limits for class 4 gambling

 

6Stake and prize limits for class 4 gambling

 

Requirements relating to gaming machines

 

7Gaming machine must display certain messages

8Gaming machine must include feature that interrupts play

 

Jackpot advertising and branding

 

9Restriction on jackpot advertising at class 4 and casino venues

10Restriction on jackpot branding

 

Requirements relating to problem gambling

 

11Requirement to provide information about problem gambling

12Requirement to provide problem gambling awareness training

 

Explanatory note

 

Pursuant to sections 313 and 314 of the Gambling Act 2003, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the advice of the Minister of Internal Affairs after consultation with persons or organisations that appear to the Minister to be representative of the interests of persons likely to be substantially affected by these regulations, makes the following regulations.

 

REGULATIONS

 

1Title

 

These regulations are the Gambling (Harm Prevention and Minimisation) Regulations 2004.

 

2Commencement

 

(1)Regulations 5 and 11 come into force on 1 April 2005.

 

(2)          Regulations 7 and 8 as far as they relate to—

 

(a)new gaming machines come into force on 1 October 2005:

 

(b)all other gaming machines come into force on 1 July 2009.

 

(3)Regulations 9, 10, and 12 come into force on 1 October 2005.

 

(4)The rest of these regulations come into force on 1 October 2004.

 

3Interpretation

 

(1)In these regulations, unless the context otherwise requires,—

 

Act means the Gambling Act 2003

 

gaming machine jackpot means an accumulated prize amount that is generated from a linked series of gaming machines

 

new gaming machine means a new gaming machine that was purchased by the holder of a class 4 operator's licence or casino operator's licence on or after 1 October 2005

 

single play

 

(a)means a sequence of actions and states in a gaming machine that are—

 

(i)activated by a player through a wagering of credits; and

 

(ii)terminated when—

 

(A)         

all the credits wagered by the player relating to those actions or states have been lost; or

 

(B)         

all winnings relating to those actions or states have been paid out to the player or transferred to the player's credit meter and are no longer available to be wagered on that sequence; and

 

(b)includes any feature of the gaming machine that is triggered by the wagering of the credits, unless all winning credits are transferred to the player's credit meter before the feature is activated.

 

(2)In these regulations, a term that is defined in the Act and used, but not defined, in these regulations has the same meaning as in the Act.

 

Restrictions on venues

 

4Unsuitable class 4 venues

 

The following venues are declared unsuitable to be a class 4 venue:

 

(a)a venue at which the primary activity is anything other than onsite entertainment, recreation, or leisure focused on persons 18 years and over, including (without limitation)—

 

(i)a dairy, supermarket, or other similar venue:

 

(ii)a fast-food outlet or other similar venue:

 

(iii)an office:

 

(iv)a private residence:

 

(v)a sports stadium:

 

(vi)a circus, fair, amusement parlour, arcade or park, theme park, or other similar venue:

 

(b)a venue that is not a fixed permanent structure, including (without limitation)—

 

(i)a tent or marquee:

 

(ii)a vehicle, vessel, aircraft, trailer, or other conveyance:

 

(c)a footpath (whether or not undercover):

 

(d)a concourse area (whether or not enclosed):

 

(e)an internet-cafe or cyber-cafe, or any other venue at which the primary activity is electronic media (including games):

 

(f)a library, art gallery, museum, theatre, cinema, or other similar venue:

 

(g)a place of worship.

 

5Restriction on automatic teller machines in class 4 and casino venues

The holder of a class 4 venue licence or casino operator's licence must ensure that there are no automatic teller machines available in the gambling area of a venue in which it conducts gambling.

 

Stake and prize limits for class 4 gambling

 

6Stake and prize limits for class 4 gambling

The holder of a class 4 operator's licence must ensure, in relation to a gaming machine used to conduct class 4 gambling, that—

 

(a)the maximum amount that may be staked for a single play of the gaming machine (whether or not it is linked to other gaming machines) does not exceed $2.50; and

 

(b)the maximum prize for a single play of the gaming machine does not exceed $500; and

 

(c)the maximum jackpot prize for a single play of the gaming machine that is linked to other gaming machines does not exceed $1,000.

 

Requirements relating to gaming machines

 

7Gaming machine must display certain messages

 

(1)The holder of a class 4 operator's licence or casino operator's licence must, at a venue at which it conducts gambling, ensure that a gaming machine includes a feature that provides the messages specified in subclause (2).

 

(2)The messages are—

 

(a)game information, relating to—

 

(i)the odds of winning the game (including the 5 top and bottom winning combinations):

 

(ii)the average winnings paid out to players of the game over a particular period of time or a particular number of plays:

 

(iii)the maximum and minimum player spend rate for the game:

 

(b)player information, relating to—

 

(i)the duration of the player's session of play; and

 

(ii)the amount, expressed in dollars and cents, that the player has spent during the player's session of play; and

 

(iii)the player's net wins or net losses during the player's session of play.

 

(3)The messages referred to in subclause (2) must be displayed at the election of the player.

 

(4)The holder of a class 4 operator's licence or casino operator's licence must, at a venue at which it conducts gambling, ensure that a gaming machine displays the correct time while it is being used by a player.

 

8Gaming machine must include feature that interrupts play

 

(1)The holder of a class 4 operator's licence or casino operator's licence must, at a venue at which it conducts gambling, ensure that a gaming machine includes a feature that—

 

(a)interrupts play at irregular intervals (not exceeding 30 minutes of continuous play); and

 

(b)informs the player of—

 

(i)the duration of the player's session of play; and

 

(ii)the amount, expressed in dollars and cents, that the player has spent during the player's session of play; and

 

(iii)the player's net wins or net losses during the player's session of play; and

 

(c)asks the player whether or not he or she wishes to continue with his or her session of play.

 

(2)For the purposes of subclause (1)(c), if the player does not wish to continue with his or her session of play, the gaming machine must include a feature that automatically pays out any winnings and credits to the player.

 

Jackpot advertising and branding

 

9Restriction on jackpot advertising at class 4 and casino venues

 

(1)This regulation applies to—

 

(a)the holder of a class 4 venue licence, and to the venue manager and venue operator, in relation to that licence; and

 

(b)the holder of a casino operator's licence.

 

(2)A person referred to in subclause (1) must ensure that no advertising relating to a gaming machine jackpot at the class 4 venue or casino venue (as the case may be) is published, either—

 

(a)inside the venue in a way that makes the gaming machine jackpot advertising visible or audible to persons outside the venue; or

 

(b)outside the venue.

 

10Restriction on jackpot branding

 

(1)This regulation applies to—

 

(a)the holder of a class 4 venue licence, and to the venue manager and venue operator, in relation to that licence; and

 

(b)the holder of a casino operator's licence.

 

(2)A person referred in subclause (1) must ensure that, in any advertising related to the class 4 venue or casino venue, the word “jackpot” is not published in a way that explicitly or implicitly conveys the impression that there is a gaming machine jackpot at the venue.

 

(3)Subclause (2) applies to any other similar word or get-up.

 

Requirements relating to problem gambling

 

11Requirement to provide information about problem gambling

The holder of a class 4 venue licence or casino operator's licence must, at a venue at which it conducts gambling,—

 

(a)make available to players—

 

(i)pamphlets providing information about the odds of winning on gaming machines:

 

(ii)information about the characteristics of problem gambling (including the recognised signs of problem gambling) and how to seek advice for problem gambling; and

 

(b)display signage that is clearly visible to all players that—

 

(i)encourages players to gamble only at levels they can afford:

 

(ii)contains advice about how to seek assistance for problem gambling.

 

12Requirement to provide problem gambling awareness training

 

(1)The holder of a class 4 venue licence or casino operator's licence must, in relation to a venue at which it conducts gambling, provide problem gambling awareness training—

 

(a)in the case of a class 4 venue, to the venue manager and any other venue personnel so as to ensure that there is always a trained person at the venue when class 4 gambling is available:

 

(b)in the case of a casino venue, the manager of the venue and any employee of the venue who is in direct contact with players in the course of his or her duties at the venue.

 

(2)As a minimum, the training referred to in subclause (1) must enable the manager or employee to whom the training has been provided to—

 

(a)approach a player that the manager or employee has reasonable grounds to believe may be experiencing difficulties related to gambling:

 

(b)provide information to a player about the characteristics of problem gambling (including recognised signs of problem gambling):

 

(c)provide information to a player about the potential dangers of problem gambling:

 

(d)provide information to a player about how to access problem gambling services:

 

(e)remind a player that the venue manager or the holder of a casino operator's licence (as the case may be) may identify a person that the manager or operator has reasonable grounds to believe is a problem gambler and ban the player from the gambling area of the venue concerned for up to 2 years:

 

(f)remind a player that he or she can identify himself or herself as a problem gambler and request that the venue manager or casino operator (as the case may be) exclude the player from the gambling area of the venue for up to 2 years.

 

(3)The holder of a class 4 venue licence must ensure that an employee who has received problem gambling awareness training is present at the class 4 venue at all times when gambling activities are available to players.

 

Diane Morcom,

Clerk of the Executive Council.

 

Explanatory note

 

This note is not part of the regulations, but is intended to indicate their general effect.

 

These regulations, which (except regulations 5 and 7 to 12) come into force on 1 October 2004, prescribe matters relating to harm prevention and minimisation under the Gambling Act 2003.

 

Regulation 4 lists the venues that are declared as unsuitable to be a class 4 venue.

 

Regulation 5, which comes into force on 1 April 2005, restricts the availability of automatic teller machines at class 4 and casino venues.

 

Regulation 6 sets out the stake and prize limits for class 4 gambling.

 

Regulations 7 and 8 provide that gaming machines must display certain messages and include a feature that interrupts play while the machine is being used by a player. These regulations come into force on—

 

  • 1 October 2005, as far as they relate to new gaming machines:
  • 1 July 2009, as far as they relate to all other gaming machines.

 

Regulations 9 and 10, which come into force on 1 October 2005, restrict jackpot advertising and jackpot branding at class 4 and casino venues.

 

Regulation 11, which comes into force on 1 April 2005, requires the holder of class 4 venue licence or casino operator's licence to provide information to players about problem gambling at the venue at which it conducts gambling.

 

Regulation 12, which comes into force on 1 October 2005, requires the holder of a class 4 venue licence or casino operator's licence to provide problem gambling awareness training to certain employees of the venue at which it conducts gambling.

 

PROMULGATION

 

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 2 September 2004.

These regulations are administered in the Department of Internal Affairs.