Gambling and Racing Control (Code of Practice) Regulation 2002

2 information or promotional material given personally to the person or left with someone to be given personally to the person

For subsection (1), information or promotional material is not given directly to a person only because it is broadcast or made available to the public generally.

Examples

1 information or promotional material given by television or radio broadcasts

2 information or promotional material given by websites accessible to anyone

A note included in this regulation is explanatory and is not part of this regulation.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Example—par (a) (ii)

contacting staff in the gambling facility by phone or email

The record—

for a prescribed licensee—must be kept on the problem gambling incident register; or

for any other licensee—must be in writing.

Note A licensee commits an offence if the licensee fails to make a record available for inspection when asked by the commission (see s 10).

The record must include the following particulars:

the date and nature of the problem gambling incident;

the name and address (if known), or description, of the person involved in the incident;

if any action was taken by the licensee in relation to the person—the following details:

the action taken;

the names of the individuals who took the action;

any related action taken by someone else of which the licensee is aware.

Examples—par (iii)

1 police arrest and charge the person for an offence relating to the problem gambling incident

The code of practice in schedule 1 applies to licensees.

A person may be prosecuted under this part for an offence only if the person is someone mentioned in section 5, definition of licensee, paragraph (f).

Note The penalties set out in this part apply only in relation to the licensees mentioned in this definition. If 1 of the following licensees contravenes the code of practice, the Act under which the person is licensed or is a licensed provider deals with the disciplinary action that may be taken against the person for the contravention:

 a casino licensee

 a gaming machine licensee

 a licensed provider under the Interactive Gambling Act 1998

 a totalisator licensee

 the holder of a licence under the Race and Sports Bookmaking Act 2001.

Division 2.2 Conduct of gambling

A licensee commits an offence if the licensee contravenes the code of practice, section 1.3 (2) (which is about false or misleading information).

Maximum penalty: 10 penalty units.

An offence against this section is an offence of strict liability.

Note Reasonable excuse is available as a defence to a prosecution under this section, see s 26.

A person may apply to the commission for approval of a training program about the responsible provision of gambling services.

The commission may approve a training program (an approved training program) if satisfied that the program content is relevant, sufficiently comprehensive, accurate and up-to-date.

An approval is a notifiable instrument.

If the commission revokes an approval, the commission must give a reviewable decision notice setting out the reasons for the revocation to any person whose interests are affected by the decision.

A person whose interests are affected by a decision of the commission to revoke approval of an approved training course may apply to the ACAT for review of the decision.

Division 2.3 Problem gambling

A licensee commits an offence if, when asked by the commission, the licensee fails to make available for inspection by the commission a record of problem gambling incidents kept by the licensee under the code of practice.

Maximum penalty: 10 penalty units.

A licensee commits an offence if the licensee contravenes the code of practice, section 1.6A (4) (Recording problem gambling incidents).

Maximum penalty: 10 penalty units.

An offence against this section is an offence of strict liability.

Note Reasonable excuse is available as a defence to a prosecution under this section, see s 26.

The licensee of a gambling facility commits an offence if the licensee contravenes the code of practice, section 1.9 (1) (Gambling contact officers).

Maximum penalty: 10 penalty units.

The licensee of a gambling facility must, as soon as practicable, give the commission—

the name and address of each gambling contact officer for the facility; and

if a detail given under paragraph (a) changes—details of the change.

Maximum penalty: 10 penalty units.

An offence against this section is an offence of strict liability.

Note Reasonable excuse is available as a defence to a prosecution under this section, see s 26.

A gambling contact officer commits an offence if the gambling contact officer contravenes the code of practice, section 1.11 (2) or (3) (which is about problem gamblers).

Maximum penalty: 10 penalty units.

An offence against this section is an offence of strict liability.

Note Reasonable excuse is available as a defence to a prosecution under this section, see s 26.

Division 2.4 Exclusion from gambling

This division does not apply to someone mentioned in section 5, definition of licensee, paragraph (f).

Also, this division, other than section 15 (1) (Exclusion of people at risk or excluded under deed), section 21 (Accounts of certain excluded people), and section 22 (Promotional material not to be sent to certain excluded people), does not apply to a licensed provider under the Interactive Gambling Act 1998.

Note The Interactive Gambling Act 1998 contains provisions about excluded or disqualified people.

A licensee commits an offence if the licensee contravenes the code of practice, section 1.13 (Deeds of exclusion).

Maximum penalty: 10 penalty units.

An offence against this section is an offence of strict liability.

Note Reasonable excuse is available as a defence to a prosecution under this section, see s 26.