Gaming Machine Regulation 2004

2 a contribution to a recipient for remuneration, allowances or other entitlements for sports coaches, trainers, umpires or administrators under s 66 (1) (b)

3 a contribution to a recipient for remuneration, allowances or other entitlements for a member of a sports team, or a sports person, mentioned in a determination under s 69A

a contribution for the following paid for, or given to, an individual:

phones, tablets, computers and other technology;

food and drinks;

general living costs;

Examples

1 payments for electricity, water, gas or phone charges

men’s professional sports team means a sports team in which a majority of the participants are professional sportsmen.

professional sportsman means a male who receives gain from playing sport.

Division 9.2 Community purpose contributions—Act, s 166 (1)

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.

Other legislation applies in relation to offences against this regulation.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Licences and authorisations

cashless gaming system means peripheral equipment connected to a gaming machine that provides for—

the recording of gaming credits held by a player with the licensee of a gaming machine for use with the gaming machine; and

the transfer of gaming credits held by a player to and from a gaming machine through the use of a cashless gaming card.

Examples

1 ticket-in ticket-out system

2 system that provides for gaming using a player account

The number of club members for a stand-alone club is the number of fully-paid members of the club (including life members).

Note 1 Stand-alone club—see s (3).

Note 2 Member, of a club, does not include a temporary member (see Act, dict).

The number of club members for a club with a membership agreement is the number worked out in accordance with the following formula:

In this section:

GM, for a club, means—

for an authorisation certificate application for class C gaming machines—the maximum number of authorisations for class C gaming machines the club has applied for; or

for an authorisation certificate amendment application for an increase maximum amendment of an authorisation certificate—the maximum number of authorisations for gaming machines that would be allowed at the premises to which the authorisation certificate relates, if the application were approved.

membership agreement means an agreement between clubs under which—

a member of a club is a member of another club; or

a member of a club may become a member of another club without charge.

stand-alone club means a club that does not have a membership agreement with any other club.

TGM, for a club, means—

for an authorisation certificate application for class C gaming machines for particular premises—the total of—

the maximum number of authorisations for class C gaming machines applied for in relation to the premises; and

the maximum number of authorisations for class C gaming machines that the club holds in relation to any other premises; and

the maximum number of authorisations for class C gaming machines that each club with which the club has a membership agreement (the associated club) has under authorisation certificates held by the associated club; or

for an authorisation certificate amendment application for an increase maximum amendment of an authorisation certificate—the total of—

the maximum number of authorisations for class C gaming machines that the club would be allowed to hold under the authorisation certificate if the application were approved; and

the maximum number of authorisations for class C gaming machines that the club holds under all other authorisation certificates held by the club; and

the maximum number of authorisations for class C gaming machines that each club with which the club has a membership agreement (the associated club) holds under all authorisation certificates held by the associated club.

TM, for a club, means the total membership of the club and each other club with which it has a membership agreement.

An authorisation schedule must contain, in addition to the serial number for each gaming machine under the authorisation certificate, the following information for each gaming machine:

the name of the game installed in the gaming machine;

its basic stake denomination;

the percentage payout for the gaming machine;

whether the gaming machine is part of a linked-jackpot arrangement;

if the gaming machine is part of a linked-jackpot arrangement—the percentage contribution from the gaming machine to the linked jackpot.

Part 3 Social impact assessments

In this part:

gaming machine proposal, for a social impact assessment—see section 10 (2).

local community, for a social impact assessment, means the community within 3km of the relevant premises.

relevant gaming machine application means any of the following:

an authorisation certificate application;

an authorisation certificate amendment application for a premises relocation amendment in relation to relocating all gaming machine operations to new premises in another suburb;

an authorisation certificate amendment application for an increase maximum amendment.

relevant premises, for a social impact assessment, means—

for an authorisation certificate application or an authorisation certificate amendment application for an increase maximum amendment—the premises to which the application relates; or

for an authorisation certificate amendment application for a premises relocation amendment in relation to relocating all gaming machine operations to new premises in another suburb—the new premises.

A social impact assessment for a relevant gaming machine application must satisfy the requirements of this section.

The assessment must provide an objective analysis of the likely economic and social impact of the operation of gaming machines under the proposed authorisation certificate or the authorisation certificate as proposed to be amended (the gaming machine proposal).

The assessment must identify, and provide an analysis of, the positive aspects or benefits of the gaming machine proposal as well as the negative aspects or detriments of the proposal.

All statements or material included in the assessment must be—

objective rather than subjective or speculative; and

based on identifiable factual information.

The sources of the information must be clearly and specifically identified.

Examples

1 an Australian Bureau of Statistics publication

total time means the total number of hours the sports facility is used during the reporting year, including by a professional sportsman or men’s professional sports team.

A social impact assessment for a relevant gaming machine application must address the following matters:

the existing level of gaming activity currently being conducted in the local community;

the population profile of people living in the local community, including an analysis of—

age and average income; and

projected population, and projected growth rate, of the local community;

available relevant information about patrons in relation to the relevant premises;

Examples—relevant information

1 where patrons live

2 spending patterns of patrons

men’s professional sports team means a sports team in which a majority of the participants are professional sportsmen.

professional sportsman means a male who receives gain from playing sport.

Division 9.2 Community purpose contributions—Act, s 166 (1)