Reasonable excuse available as defence
26 Reasonable excuse available as defence
The defence of reasonable excuse is available for each offence against this regulation that is an offence of strict liability.
Schedule 1 Code of practice
(see s 6)
Part 1.1 Key concepts
1.1A Definitions—code of practice
In this code of practice:
betting account means an account held by a person with a licensee into which funds are or can be deposited and used by the person to place a bet with the licensee.
direct marketing includes any advertising, promotion or offer from a licensee, or from a person on the licensee’s behalf, that is made directly to a person by telephone, SMS, email, app, post or other direct means.
electronic race bookmaking licensee means the holder of a race bookmaking licence under the Race and Sports Bookmaking Act 2001 who accepts a bet using a telecommunication service.
electronic sports bookmaking licensee means the holder of a sports bookmaking licence under the Race and Sports Bookmaking Act 2001 who accepts a bet using a telecommunication service.
electronic totalisator licensee means the holder of a totalisator licence under the Totalisator Act 2014 who accepts a bet using a telecommunication service.
Examples—telecommunication service
telephone, email, internet
1.1 Meaning of licensee
In this code of practice:
licensee means—
a gaming machine licensee; or
Note Gaming machine licensee is defined in the dictionary.
a casino licensee; or
Note Casino licensee is defined in the Casino Control Act 2006, dictionary.
a licensed provider under the Interactive Gambling Act 1998; or
the holder of a race bookmaking licence, a race bookmaker’s agent licence, a sports bookmaking licence or a sports bookmaker’s agent licence under the Race and Sports Bookmaking Act 2001; or
a licensee of a totalisator under the Totalisator Act 2014; or
anyone authorised to conduct a lottery, scheme or competition under the Lotteries Act 1964 or the Pool Betting Act 1964, other than—
a calcutta sweepstake; or
a trade promotion, other than a trade promotion that involves gambling, in which participants are given free entry to a contest that promotes a trade or business and involves an element of chance in the allocation of the prize; or
a raffle; or
a progressive lottery or silver circle involving a number of draws on different days, including tipping competitions, in which regular or different prizes are drawn; or
an exempt lottery.
In this section:
exempt lottery—see section 5 (2).
1.2 Meaning of gambling problem
For this code of practice, a person has a gambling problem if the person has difficulty limiting the amount of money or time spent on gambling and this leads to adverse consequences for the person or another person.
Also, a person is taken to have a gambling problem, if the person engages in any of the following behaviour:
seeking credit for gambling unless authorised under a gaming law;
seeking to borrow or scavenge for money to gamble;
seeking assistance or advice about controlling the person’s gambling;
admitting to borrowing or stealing money to gamble.
Part 1.2 Conduct of gambling
Division 1.2.1 General
1.3 Licensees obligations generally
A licensee of a gambling facility must conduct the facility honestly, responsibly and in accordance with this code of practice.
A licensee of a gambling facility must not give or make available to patrons information about gambling or gambling facilities that is false or misleading.
A casino licensee or gaming machine licensee must not allow a person (the gambler) to use the licensee’s facility for gambling if the gambler—
appears not to fully understand the nature or consequences of gambling generally, or a particular gambling activity, and the potential for financial loss; or
appears to be intoxicated or under the influence of a drug to an extent that the gambler could not reasonably be expected to exercise rational judgment while gambling.
1.4 Staff care and training
The licensee of a gambling facility must ensure that—
each staff member who is directly involved in providing gambling services to patrons and each person who supervises the staff members—
has successfully completed an approved training program within the previous 3 years; and
does not take part, or allow anyone else to take part on their behalf, in a gambling activity at the facility except as part of the member’s duty; and
each staff member is aware of the staff member’s obligations under this code of practice.
However, a licensee of a totalisator under the Totalisator Act 2014 and someone mentioned in section 1.1, definition of licensee, paragraph (f), need only ensure that the person in charge of each gambling facility—
has successfully completed an approved training program within the previous 3 years; and
does not take part, or allow anyone else to take part on their behalf, in a gambling activity at the facility except as part of the person’s duty; and
is made aware of the person’s obligations under this code of practice.
The person in charge mentioned in subsection (2) must take all reasonable steps to ensure that—
each staff member who is directly involved in providing gambling services to patrons and each person who supervises the staff members—
has successfully completed an approved training program within the previous 3 years; and
does not take part, or allow anyone else to take part on their behalf, in a gambling activity at the facility except as part of the member’s duty; and
each staff member is made aware of the staff member’s obligations under this code of practice; and
if the person will be absent from the facility for longer than 1 week—the licensee is told who will be in charge of the facility during the person’s absence.
For subsection (1) (a) (ii), (2) (b) and (3) (a) (ii), staff member, of a gambling facility, includes—
a person who is a full-time, part-time or casual staff member of the facility; and
anyone who has worked in the facility in any other capacity within the previous 7 days.
Examples—par (b)
1 an approved technician
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