Gaming Machines Regulation 2019

This Regulation is the Gaming Machines Regulation 2019.

This Regulation commences on 1 September 2019 and is required to be published on the NSW legislation website.

Note.

This Regulation replaces the Gaming Machines Regulation 2010, which is repealed on 1 September 2019 under section 10(2) of the Subordinate Legislation Act 1989.

In this Regulation—

authorised progressive system means a progressive system that the Authority has authorised a hotelier or registered club to operate in the hotel or on the club premises.

cash-back terminal means a customer-operated payment machine that enables gaming machine players to cash in their credits or winnings.

cash dispensing facility, for Part 3, Division 2—see clause 25A.

dealer means the holder of a dealer’s licence.

dealer’s premises, in relation to a dealer, means the premises or part of premises on or from which the dealer is authorised by the dealer’s licence to carry on the business or other activity authorised by the licence.

employee, for Part 3, Division 4A—see clause 50A.

gambling harm, for Part 3—see clause 18A.

gambling incident register, for Part 3—see clause 18A.

gaming area, for Part 3, Division 2—see clause 25A.

gaming plan of management, for Part 3, Division 4B, Subdivision 2—see clause 50O.

Liquor & Gaming NSW means the part of the Department of Enterprise, Investment and Trade known as Liquor & Gaming NSW.

logic board means a logic board of, or for incorporation into, an approved gaming machine.

memory chip means the verifiable read-only memory component of an approved gaming machine that stores the executable program or other fixed data.

multi-terminal gaming machine has the same meaning as in section 61 of the Act.

progressive system—

means 2 or more approved gaming machines that—

are linked electronically to contribute a percentage of the money wagered on them to a separate progressive jackpot pool, and

comply with the guidelines for linked progressive systems of approved gaming machines issued by the Authority, and

are specially approved by the Authority for the purposes of Part 5, or are within a class of linked progressive systems of approved gaming machines specially approved by the Authority for the purposes of Part 5, and

have not been declared by the Authority as having ceased to be a progressive system, but

does not include an authorised linked gaming system.

reportable gambling incidents, for Part 3—see clause 18A.

responsible gambling board oversight training, for Part 3, Division 5—see clause 51(1).

responsible gambling manager, for Part 3—see clause 18A.

responsible gambling officer, for Part 3—see clause 18A.

seller means the holder of a seller’s licence.

serial number of an approved gaming machine means the serial number allocated by a dealer to the gaming machine under Part 4.

technician’s place of business, in relation to a technician, means the premises—

approved by the Authority at the time of grant of the technician’s licence, or

subsequently approved by the Authority under Part 4,

as the premises on or from which the activities authorised by the licence are carried on.

the Act means the Gaming Machines Act 2001.

Note.

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

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

For the purposes of the definition of subsidiary equipment in section 4(1) of the Act, the following equipment, devices and systems are prescribed—

a device or interface that connects a gaming machine to—

a player reward scheme within the meaning of section 45 of the Act, or

a system relating to a promotional prize within the meaning of section 45 of the Act,

a cash-back terminal,

any device used to display the rules relating to approved gaming machines (including multi-terminal gaming machines).

For the Act, section 10(1), the prescribed number is 95,739.

The Authority cannot authorise a multi-terminal gaming machine to be kept or operated in a hotel.

A hotelier must not install or keep a multi-terminal gaming machine in the hotel.

Maximum penalty—50 penalty units.

The Authority may, from time to time, amend the specification document for an approved gaming machine by endorsing on it any modifications to the specifications that the Authority allows.

In accordance with section 67 of the Act, any function of the Authority under the Act (except under Part 10) in relation to the authorisation to keep approved gaming machines that are connected to an authorised CMS may, to the extent that those functions are carried out by electronic means through the operation of an authorised CMS, be exercised by the CMS licensee who is operating the authorised CMS.

The CMS licensee may not exercise any of the Authority’s functions that would result in an approved gaming machine being required to be withdrawn from operation unless the CMS licensee has the Authority’s approval to do so.

In exercising the functions of the Authority as referred to in this clause, the CMS licensee must—

keep any records with respect to the authorisation of approved gaming machines that the Authority requires, and

make any reports to the Authority with respect to the authorisation of approved gaming machines that the Authority requires, and

comply with any directions issued by the Authority.

Compliance with subclause (3) is a condition of the CMS licence.

In accordance with section 68 of the Act, this clause only applies in respect of a hotel licence if more than 10 approved gaming machines are kept in the hotel concerned.

If, because of section 68 of the Act, a hotelier is required to locate approved gaming machines in a gaming room, the gaming room must conform to the following requirements—

the gaming room must be located in a bar area of the hotel, and it must not be in a part of the hotel in respect of which a minors area authorisation under section 121 of the Liquor Act 2007, or a minors functions authorisation under section 122 of that Act, is in force,

the gaming room must be physically separated from the general bar area by a permanent floor to ceiling wall with at least the bottom half of such wall being constructed of opaque material, and any building approval for any work that is required to be done must be obtained before the approved gaming machines may be kept in the hotel,

patrons must not be compelled to pass through the gaming room in order to enter or leave the hotel or in order to gain access to another part of the hotel,

entry to the gaming room must be provided free of charge,

any approved gaming machine in the gaming room must be situated so that it cannot be seen from any place outside the hotel that is used by the public or to which the public has access,

the gaming room must at all times be supervised by the hotelier or an employee of the hotelier by way of electronic means or physical presence, or both,

the gaming room must have a doorway or space that provides reasonable access to and from the gaming room to at least one operating bar, and at least one toilet for each gender, elsewhere in the hotel without the need for a patron to go on to a public street, or to any other area not forming part of the hotel, when moving from the gaming room to that bar or toilet or from that bar or toilet to the gaming room,

if the gaming room can be accessed directly from a public street, each doorway or space in the gaming room that provides access to and from the rest of the hotel must be clearly marked as providing such access and be evident to patrons in the gaming room,

the gaming room must not be a room, or in a location, that has access to another licensed premises,

any approved gaming machine in the gaming room must be situated so it cannot be seen from within another licensed premises.

The requirement under subclause (2)(b) for a gaming room to be physically separated from the general bar area of a hotel does not—

prevent the provision of a doorway or equivalent space to facilitate access by patrons to and from the gaming room, and

operate so as to require the permanent wall to extend beyond any counter that is designed to serve patrons in both the gaming room and the general bar area.

More than one gaming room may be provided by a hotelier in the hotel.

For the purposes of section 72 of the Act, the prescribed terms and conditions of a contract for the keeping or modification of an approved gaming machine are terms and conditions setting out—

the serial number of the gaming machine, and

the place where the gaming machine is or is to be installed, and

the period the contract is to be in force, and

the consideration and the interest rate (if any) chargeable, and

if there is an option to purchase, the residual value required to exercise that option.

This clause applies to a fault that affects the playing or result of any game playable by means of an approved gaming machine or the accuracy of any reading of any meter in an approved gaming machine.

If a hotelier or registered club finds or becomes aware of a fault to which this clause applies in an approved gaming machine kept by the hotelier or on the club premises, the hotelier or club—

must switch off the gaming machine as soon as practicable, and

must cause a notice to be attached to the gaming machine indicating that it is faulty, and

must not permit a member of the public to play or attempt to play a game by means of the gaming machine until the fault has been rectified.

Maximum penalty—50 penalty units.

A hotelier or registered club must not, except with the Authority’s approval, vary the prize schedule of any approved gaming machine kept in the hotel or on the club premises.

A hotelier or registered club must not permit an approved gaming machine kept in the hotel or on the club premises to be operated unless the gaming machine has been adjusted so that the value of the prizes won by players of the gaming machine is not less than 85% of the total money paid by the players of the gaming machine.

If a hotelier or registered club offers or provides non-monetary prizes, the hotelier or club must make the following information readily accessible in any area of the hotel or club in which approved gaming machines are located—

the nature or form of prizes offered,

the terms on which prizes are awarded or paid,

the right of a prizewinner to choose to receive money instead of any non-monetary prize awarded,

any option available to a prizewinner to transfer a non-monetary prize for another non-monetary item or right,

if the award of a non-monetary prize will not be made within 48 hours of the request for the prize—the time in which the hotelier or club will award the prize.

A hotelier or registered club, or a person acting on behalf of the hotelier or club, who purchases an item to be offered as a prize must, unless the Authority approves otherwise, purchase the item directly from a person whose business comprises the production or sale of items of that kind.

Maximum penalty—50 penalty units.