Gaming Machines Act 2001

This Act is the Gaming Machines Act 2001.

Note.

This Act is part of the gaming and liquor legislation for the purposes of the Gaming and Liquor Administration Act 2007. That Act contains administrative and other relevant provisions that apply in relation to this Act (including investigation and enforcement powers and provisions relating to the probity of officials).

This Act commences on a day or days to be appointed by proclamation.

The objects of this Act are as follows—

to minimise harm associated with the misuse and abuse of gambling activities,

to foster responsible conduct in relation to gambling,

to facilitate the balanced development, in the public interest, of the gaming industry,

to ensure the integrity of the gaming industry,

to provide for an on-going reduction in the number of gaming machines in the State by means of the tradeable gaming machine entitlement scheme.

The Authority, the Minister, the Secretary, the Commissioner of Police and all other persons having functions under this Act are required to have due regard to the need for gambling harm minimisation and the fostering of responsible conduct in relation to gambling when exercising functions under this Act.

In particular, due regard is to be had to the need for gambling harm minimisation when considering for the purposes of this Act what is or is not in the public interest.

In this Act—

approved ancillary CMS service means an additional service that may be provided by a CMS licensee using CMS infrastructure or CMS information and that is approved by the Minister under section 136D.

approved gaming machine means a gaming machine declared under section 64 to be an approved gaming machine and includes—

any subsidiary equipment approved by the Authority for use in connection with the gaming machine, and

any component of the gaming machine (other than a component prescribed by the regulations as not being part of the gaming machine), and

any specially approved gaming machine within the meaning of section 141.

authorised CMS means a CMS that is operated under the authority of a CMS licence.

authorised linked gaming system means—

an authorised inter-hotel linked gaming system within the meaning of Part 10, or

an authorised inter-club linked gaming system within the meaning of that Part.

Authority means the Independent Liquor and Gaming Authority constituted under the Gaming and Liquor Administration Act 2007.

Board has the meaning given to it under this section immediately before the substitution of this definition by Schedule 3 to the Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007.

centralised cash control equipment means any equipment or system by means of which, in return for a cash payment made to a hotelier or club, the operation of an approved gaming machine kept in the hotel or on the premises of the club may, without the insertion of money, be commenced and, at least to the extent of the cash payment, continued.

centralised monitoring system (or CMS) means a system that—

monitors the operation and performance of approved gaming machines, and

facilitates the calculation and collection of tax under the Gaming Machine Tax Act 2001 that is payable in respect of approved gaming machines, and

is capable of performing other related functions.

close associate means a close associate within the meaning of the Gaming and Liquor Administration Act 2007.

club means a club that holds a club licence.

club licence means a club licence granted under the Liquor Act 2007 and club premises (or premises of a club) means the premises to which any such licence relates.

CMS—see centralised monitoring system.

CMS information means information acquired in the course of the operation of an authorised CMS (including any mandatory ancillary CMS services) and includes data derived from that information, but does not include information acquired in providing an approved ancillary CMS service unless the information is also acquired, or could be acquired, in the course of the operation of the authorised CMS (including any mandatory ancillary CMS services).

CMS infrastructure means any hardware (including computers and cables) or software used for the purposes of providing an authorised CMS.

CMS licence means a licence in force under Part 9, and CMS licensee means the holder of a CMS licence.

Community Development Fund means the fund established under section 204A.

country hotel means a hotel that is not situated in a metropolitan area.

dealer’s licence means a gaming machine dealer’s licence in force under Part 7.

exercise a function includes perform a duty.

financial institution means—

a banking business within the meaning of the Banking Act 1959 of the Commonwealth or a bank constituted under a law of a State or Territory, or

a building society within the meaning of the Financial Institutions (NSW) Code or a law of another State, or of a Territory, that corresponds to that Code, or

a credit union within the meaning of the Financial Institutions (NSW) Code or a law of another State, or of a Territory, that corresponds to that Code.

function includes a power, authority or duty.

gaming machine means a device that is designed—

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

for paying out money or tokens or for registering a right to an amount of money or money’s worth to be paid,

and includes any subsidiary equipment.

gaming machine area, in relation to a club, means any part of the premises of the club in which approved gaming machines are located.

gaming machine entitlement (or entitlement) means a gaming machine entitlement that is held in respect of a hotel licence or club licence under Part 3.

gaming machine threshold—see section 32.

gaming-related licence means any of the following types of licences in force under Part 7—

a dealer’s licence,

a seller’s licence,

a technician’s licence,

(Repealed)

a testing facility licence.

hotel and hotelier have the same meanings as in the Liquor Act 2007, and hotel licence means a hotel licence (other than a general bar licence) under that Act.

hotelier’s licence has the meaning given to it under this section immediately before the substitution of this definition by Schedule 3 to the Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007.

inspector means an inspector within the meaning of the Gaming and Liquor Administration Act 2007.

keep an approved gaming machine includes acquire or possess the gaming machine.

links licence means an inter-hotel links licence or inter-club links licence in force under Part 10.

liquor has the same meaning as in the Liquor Act 2007.

local statistical area means a geographical area defined for the time being as a Statistical Area Level 2 under the Australian Statistical Geography Standard published by the Australian Bureau of Statistics.

manager in relation to a hotel has the same meaning as in the Liquor Act 2007.

mandatory ancillary CMS service means an additional service that a CMS licensee is directed to provide in accordance with section 136C.

metropolitan area means an area described by the regulations as a metropolitan area.

new club premises means—

club premises that become licensed for the first time under the Liquor Act 2007 (otherwise than because of the operation of clause 93 of Schedule 2 to the Registered Clubs Act 1976), or

the premises to which a club licence is removed under the Liquor Act 2007.

new hotel means—

(Repealed)

a hotel that becomes licensed for the first time under the Liquor Act 2007 (otherwise than because of the operation of clause 3 of Schedule 1 to that Act), or

a hotel to which a licence is removed under that Act.

operate an approved gaming machine includes use or play the gaming machine.

permit (when used in or in relation to Part 3) means a permit issued and in force under section 182C of the Liquor Act 1982 before the repeal of that section by this Act.

retail shopping centre means a cluster of premises promoted as, or generally regarded as constituting, a shopping centre, shopping mall or shopping arcade, but does not include anything excluded from this definition by the regulations.

Secretary means the Secretary of the Department of Enterprise, Investment and Trade.

sell includes any of the following—

barter or exchange,

offer, agree or attempt to sell,

expose, send, forward or deliver for sale,

cause or permit to be sold or offered for sale,

in relation to an approved gaming machine—supply under financial and other arrangements approved by the Authority.

seller’s licence means a gaming machine seller’s licence in force under Part 7.

subsidiary equipment means—

centralised cash control equipment, or

any equipment, device or system (or any component of a system) that affects—

the playing or result of any game playable on a gaming machine, or

the meters of a gaming machine,

and includes any other equipment, device or system prescribed by the regulations for the purposes of this definition.

technician means the holder of a technician’s licence.

technician’s licence means a gaming machine technician’s licence in force under Part 7.

temporary premises, in relation to a hotel or club premises, means any premises approved by the Authority under section 96 of the Liquor Act 2007.

testing facility licence means a gaming machine testing facility licence in force under Part 7.

threshold increase application—see section 34.

venue means a hotel or the premises of a club.

work permit means a work permit issued under section 89.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

Notes included in this Act do not form part of this Act.

A reference in this Act to a gaming machine entitlement held by a hotel or club, or to a gaming machine entitlement of a hotel or club, is a reference to a gaming machine entitlement held in respect of the hotel or club licence.

Despite anything in the Community Gaming Act 2018, the Unlawful Gambling Act 1998 or any other Act or law (other than this Act), it is lawful—

to keep or operate an approved gaming machine in a hotel or on the premises of a club, and

to pay or present prizes and bonuses won as a direct or indirect consequence of operating the approved gaming machine,

if the approved gaming machine is kept or operated, and the prizes and bonuses are paid or presented, in accordance with this Act.

Nothing in this Act prohibits the keeping or operation of a gaming machine if—

the gaming machine is not used for the purposes of gambling, and

the gaming machine is used only for such therapeutic purposes as may be approved by the Authority in writing before the machine is so used, and

any conditions imposed by the Authority when giving the approval are complied with.

Nothing in this Act prohibits the keeping or operation of a gaming machine if—

the gaming machine is not used for the purposes of gambling, and

the gaming machine is used only for research, educational or cultural purposes or for the purpose of promoting the machine (but not for the purpose of promoting other goods or services), and

the Authority has been notified in writing, at least 7 working days in advance, of the kind of use intended and the Authority has not, within that period, refused to allow the use, and

any conditions imposed by the Authority within that period are complied with.

In a particular case or a particular class of cases, the Authority may waive compliance with the requirement for giving notice under subsection (2) and may impose conditions for operation of the waiver.

Nothing in this Act prohibits the keeping or operation of a gaming machine if—

the gaming machine is being displayed or promoted at a gaming industry trade show or exhibition, and

the gaming machine is not used for the purposes of gambling or the distributing of prizes, and

in the case where the gaming machine has not been approved in the State—a notice is attached to the gaming machine indicating that it is not an approved gaming machine.

In calculating (for the purposes of this Act) the number of approved gaming machines in a hotel or on the premises of a club, any subsidiary equipment—

kept in the hotel or on the premises of the club, and

approved by the Authority for use in connection with such gaming machines,

is to be disregarded.

The maximum number of gaming machine entitlements is set at 99,000 or such lower number as may be prescribed by the regulations (the overall State cap).

The Authority is to review the overall State cap at least once every 5 years following the commencement of this section (as substituted by the Gaming Machines Amendment Act 2008).

The maximum number of approved gaming machines that the Authority may authorise under Part 5 to be kept in any one hotel is 30.

The number of gaming machine entitlements held under this Act in respect of hotel and club licences cannot exceed the overall State cap.

The number of gaming machine entitlements held in respect of a club licence cannot exceed the gaming machine threshold for the club premises.

The number of gaming machine entitlements and permits held in respect of a hotel licence cannot exceed the gaming machine threshold for the hotel.

Note.

When gaming machine entitlements are leased, the gaming machine threshold for the lessor is reduced by the number of entitlements leased, and the gaming machine entitlements are considered to be held by the lessee during the lease. See Division 2A.

The number of gaming machine entitlements held in respect of a hotel licence or club licence from time to time is to be specified in a certificate issued by the Authority to the hotelier or club concerned. The certificate may be incorporated in the relevant hotel or club licence.

Any such certificate may also specify the gaming machine threshold for the hotel or club premises concerned.

A gaming machine entitlement held in respect of a hotel licence or club licence is transferable.

Note.

Division 2A also provides for the leasing of gaming machine entitlements.

The transfer of a gaming machine entitlement does not have any effect unless the transfer—

is approved by the Authority, and

complies with the requirements of this Division and any requirements specified in the regulations.

An application for the Authority’s approval of the transfer of a gaming machine entitlement must—

be accompanied by the fee (if any) prescribed by the regulations, and

be accompanied by such particulars or other matter as may be required by the Authority in relation to the proposed transfer, and

in the case of an application for the transfer of an entitlement held in respect of a hotel licence—demonstrate, to the satisfaction of the Authority, that the proposed transfer is supported by each person who, in the opinion of the Authority, has a financial interest in the hotel licence, and

be in the form and manner determined by the Authority from time to time.

(Repealed)

For the purposes of subsection (3) (c), a person is taken to have a financial interest in a hotel licence if the person is entitled to receive any income derived from the business carried on under the authority of the licence 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).

However, a person is not, for the purposes of subsection (3) (c), to be considered as having a financial interest in a hotel licence by reason only of being the owner of the hotel.

(Repealed)