Gaming Machine Act 1991

This Act may be cited as the Gaming Machine Act 1991.

The object of this Act is to ensure that, on balance, the State and the community as a whole benefit from gaming machine gambling.

The balance is achieved by allowing gaming machine gambling subject to a system of regulation and control designed to protect players and the community through—

ensuring the integrity and fairness of games; and

ensuring the probity of those involved in the conduct of gaming machine gambling; and

minimising the potential for harm from gaming machine gambling.

The dictionary in the schedule defines particular words used in this Act.

A reference in this Act to conduct of gaming is a reference to—

the management, use, supervision, operation and conduct of gaming equipment; and

the sale, redemption or use of gaming tokens; and

the carrying out of centralised credit system transactions; and

the installation, alteration, adjustment, maintenance or repair of gaming equipment; and

the use or distribution of proceeds from the conduct of gaming; and

accounting, banking, storage and other acts in connection with or related or incidental to gaming and the conduct of gaming.

The commissioner may approve some date other than 30 June as the termination date of a financial year which may be for a period longer or shorter than 1 year, but not longer than 18 months, ending on the date so approved.

For the purposes of this Act—

the following persons are associates of a person—

the person’s spouse;

a parent or remoter lineal ancestor, son, daughter or remoter issue, brother or sister of the person;

any partner of the person;

any body corporate of which the person is an executive officer;

where the person is a body corporate—an executive officer of the body corporate;

a person who, in the previous year, has provided to the first person advice for fee or reward in relation to—

gaming; or

the conduct of gaming; or

the manufacture, assembly, sale, supply, installation, alteration, obtaining, possession, operation, use, adjustment, maintenance, repair or testing of gaming equipment;

any employee or employer of the person;

any officer or employee of any body corporate of which the person is an officer or employee;

any employee of an individual of whom the person is an employee;

any body corporate whose executive officers are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the person, or where the person is a body corporate, of the executive officers of that body corporate;

any body corporate in accordance with the directions, instructions or wishes of which, or of the executive officers of which, the person is accustomed or under an obligation, whether formal or informal, to act;

any body corporate in which the person has a substantial holding;

if the person is a body corporate—a person who has a substantial holding in the body corporate;

any person who is named in an affidavit forwarded or lodged by the person under section 92, 115, 118, 130, 154 or 210;

any person who is because of paragraph (a), an associate of any other person who is an associate of the person (including a person who is an associate of the person by another application or other applications of paragraph (a)); and

a person is taken to have a substantial holding in a body corporate if the person, alone or together with any associate or associates of the person, is in a position to control not less than 5% of the voting power in the body corporate or holds interests in not less than 5% of the issued shares in the body corporate.

s 5.18 amd 1992 No. 35 sch

For this Act, a person is affected by control action under the Corporations Act if—

the person has executed a deed of company arrangement under that Act; or

the person is the subject of a winding-up (whether voluntarily or under a court order) under that Act; or

the person is the subject of an appointment of an administrator or liquidator under that Act; or

there is, under that Act, a controller for property of the person.

This section applies if—

a contract is entered into between a licensed supplier and a licensee under which an amount (other than a basic monitoring fee) is payable by the licensee to the licensed supplier; and

the contract does not state a due date for payment of the amount.

This section also applies if—

a contract is entered into between a licensed monitoring operator and a licensee under which a basic monitoring fee is payable by the licensee to the operator; and

the contract does not state a due date for payment of the fee.

In this Act, a reference to the due date for payment of the amount or fee is a reference to the date that is 1 month after the incurring of liability for payment of the amount or fee.

For this Act, a jackpot payout is a payment by a licensee or licensed monitoring operator to a player for a winning result or promotions on a gaming machine if—

the payment does not increase the credit meter of the gaming machine; and

the payment is not discharged from the hopper; and

for promotions, the gaming machine is operated under an approval under section 287 for a linked jackpot arrangement.

For this Act, metered payouts, for a licensed premises for an assessment period, means the metered amount won by players for winning results or promotions on gaming machines on the premises in the assessment period.

In this section, the metered amount won does not include an amount payable under this Act from an approved trust account.

s 10.20 om 1992 No. 35 sch