GAMING MACHINES ACT 2001 - As at 13 January 2023 - Act 127 of 2001
GAMING MACHINES ACT 2001
- As at 13 January 2023
- Act 127 of 2001
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. Commencement
3. Objects of Act
4. Definitions
5, 6. (Repealed)
7. Lawful keeping and operation of gaming machines
8. Gaming machines not used for purposes of gambling
9. Subsidiary equipment not included in calculation of gaming machine numbers
PART 2 - LIMITATIONS ON GAMING MACHINE NUMBERS
10. Overall State cap on gaming machine entitlements
11. Limit on number of gaming machines in hotels
12, 13. (Repealed)
PART 3 - GAMING MACHINE ENTITLEMENTS AND PERMITS
Division 1 - Preliminary
14. Restrictions on number of gaming machine entitlements and permits held
Division 2 - Tradeable gaming machine entitlement scheme
15-15B. (Repealed)
16. Certificate of gaming machine entitlements
17, 18. (Repealed)
19. Transfer of gaming machine entitlements
20. General requirements relating to transfer of gaming machine entitlements
20A. Exceptions for transfers of country hotel gaming machine entitlements
21. Other provisions relating to transfer of gaming machine entitlements
21A, 22. (Repealed)
23. Transfer of gaming machine entitlements when hotel or club licence surrendered or cancelled
Division 2A - Leasing of gaming machine entitlements
24. Leasing of gaming machine entitlements permitted
25. Lease requires approval of Authority
25A. Standard form of lease
25B. Effect of lease of gaming machine entitlements
25C. Levy payable for lease of gaming machine entitlement
Division 3 - Transfer of permits
26. Transfer of permits generally
27. Hotel's gaming machine threshold to be decreased when permits transferred to another hotel
28. Transfer of permits when hotel licence surrendered or cancelled
29-31. (Repealed)
Division 4 - Miscellaneous provisions
31A, 31B. (Repealed)
31C. Consequences of moving to temporary premises
PART 4 - GAMBLING HARM MINIMISATION MEASURES
Division 1 - Gaming machine threshold scheme
32. Gaming machine thresholds for venues
32A. Caps on gaming machine entitlements in particular areas
33. Classification of local statistical areas
34. Application to increase gaming machine threshold
35. Requirements relating to threshold increase applications
36. Approval of LIA by Authority
36A. Community benefit requirement--payment of money to Responsible Gambling Fund
36B. Community benefit requirement--consideration of additional positive contributions
36C. Guidelines for threshold increase applications
37. Limited period for acquiring gaming machine entitlements
37A. Special provision for clubs establishing in new development areas
37B. Restriction on gaming machine thresholds for venues in retail shopping centres
37C. Special provision relating to de-amalgamated clubs
Division 2 - Mandatory shutting down of gaming machines
38. (Repealed)
39. General 6-hour shutdown period after 1 May 2003
40. Approval of 3-hour shutdown period on weekends and public holidays
40A. Approval of limited shutdown period on hardship grounds
41. Approval of different shutdown periods for "early openers"
42. General provisions
Division 3 - General harm minimisation measures
43. Prohibition on publishing gaming machine advertising
44. Prohibition on displaying gambling-related signs
44A. Location of gaming machines in venues
45. Regulation of promotional prizes and player reward schemes
45A. Disclosure of information in player activity statements
45B. Disclosure of information in relation to players
46. Provision of problem gambling counselling services
47. Responsible conduct in relation to gaming machines
47A. Prohibition on accepting transfer of prize winning cheques
47B. Requirements relating to prize winning cheques
47C. Prohibition on certain cash dispensing facilities
48. Industry codes of practice
49. Self-exclusion of patrons from hotels and clubs
Division 3A - Responsible conduct of gambling (RCG) training
49A. Definitions
49B. Conditions of approval to conduct RCG training courses
49C. Prohibition on granting interim RCG certificates to unqualified persons
49D. Prohibition on providing training courses without approval
Division 4 - Specific provisions relating to minors
50. Minors prohibited from operating gaming machines in hotels or clubs
51. Hoteliers and clubs liable for operation of gaming machines by minors
52. Minors not permitted in gaming machine areas
53. Minors required to provide information
54. (Repealed)
55. Minors not to be detained
PART 5 - ADMINISTRATIVE CONTROLS IN RELATION TO GAMING MACHINES
Division 1 - Authorisation to keep or dispose of gaming machines
56. Requirement for authorisation to keep or dispose of gaming machines
56A. Gaming machines cannot be authorised on certain premises situated at Barangaroo
57. Application for authorisation to keep or dispose of gaming machines
58. Suspension or cancellation of authorisations
59. Authorisation to keep gaming machines in hotel subject to primary purpose test
59A-60A. (Repealed)
61. Clubs may keep multi-terminal gaming machines
61A. Limit on number of MTGMs in clubs
61B. MTGMs in clubs with not more than 33 gaming machine entitlements
Division 2 - Approval of gaming machines by Authority
62A. Gambling harm minimisation and related matters
62. Authority may approve technical standards
63. Application for declaration of device as approved gaming machine
64. Declaration of approved gaming machines
65. Dealer may make representations on investigation of gaming machine or revocation of declaration
66. Non-approved gaming machines may be kept on trial basis
Division 3 - Transfer of Authority's functions
67. Transfer of Authority's functions in relation to approved gaming machines
PART 6 - MISCELLANEOUS OFFENCES
68. Hotel gaming rooms
68A. Location and operation of gaming machines in hotels
69. Possession etc of gaming machines that are not approved
69A. Sale etc of unapproved gaming machine components
70. Possession of approved gaming machine by unauthorised person
71. Supply and purchase of gaming machines
72. Restrictions on keeping or modification of gaming machines
73. Sharing of receipts from gaming machines
74. Granting interests in gaming machines
75. Prohibition on gaming machines that provide cash or credit otherwise than as a prize
75A. General requirement to award or pay prizes
76. Defective gaming machines
76A. Causing defects in gaming machines
76B. Hoteliers and clubs to record work done by technicians
77. Protection of sensitive areas of gaming machines
78. Modification of gaming machines
79. Consignment or movement of gaming machines
80. Cheating and unlawful interference with gaming machines
80A. False claims for prizes
81. Illegal advantage gained during design etc of gaming machines
81A. Authorisation to destroy approved gaming machine
PART 7 - GAMING-RELATED LICENCES
Division 1 - Preliminary
82. Definitions
83. Types of gaming-related licences and authority they confer
Division 2 - Requirement for gaming-related licences
84. Manufacturing or assembling of gaming machines
85. Sale of gaming machines
86. Servicing and repair of gaming machines
87. (Repealed)
Division 3 - Licensing scheme
88. Applications for gaming-related licences
89. Interim work permits
90. (Repealed)
91. Disclosure of interested parties
92. Updating of applications
93. (Repealed)
94. Investigations, inquiries and referrals in relation to licence applications
95. Director may require further information
95A. Submissions in relation to licence applications
96. Costs of investigation by Secretary or Commissioner of Police to be paid by applicant
97-100. (Repealed)
101. Granting of gaming-related licences generally
102. Granting of testing facility licence
103. (Repealed)
104. Conditions of gaming-related licences
105. (Repealed)
106. Authority may require dealers to alter certain gaming machines
107. Duration of gaming-related licences
108. Periodic licence fee
109. Cancellation for late payment of periodic licence fee
110. Application for reinstatement of cancelled gaming-related licence or work permit
111. Authority may refund licence fee
112. (Repealed)
113. Periodic returns by gaming-related licensees
Division 4 - (Repealed)
None
Division 5 - Other provisions relating to gaming-related licences
117. Keeping of records
118. Control of business carried on under gaming-related licence
119. Standards of competence
120. Lost or destroyed gaming-related licence
121. Compliance plate for gaming machines
122. Provision of financial assistance by gaming-related licensee
123. Cessation of employment of seller or technician
124. Notification of change of employer
125. Change in state of affairs of gaming-related licensee
126. Gaming-related licensee to display identification
PART 8 - DISCIPLINARY ACTION
127. Interpretation
128. Secretary may carry out inquiries and investigations
129. Grounds for making complaint
130. Procedure for taking disciplinary action
131. Disciplinary powers of Authority
131A. Procedure for implementing disciplinary action
131B. Requirement for legal member of Authority to be present
131C. Administrative review by NCAT of decision by Authority under this Part
PART 9 - AUTHORISED CMS
132. Meaning of "connected" to an authorised CMS
133. Hoteliers and clubs required to connect gaming machines to authorised CMS
133A. Technicians required to connect gaming machines to authorised CMS
134. Monitoring fee payable by hoteliers and clubs to CMS licensee
135. Operation of authorised CMS
136. Grant of CMS licence
136A. Eligibility for grant of licence
136B. General conditions of CMS licence
136C. Mandatory ancillary CMS services
136D. Approved ancillary CMS services
136E. Confidential information relating to CMS licensee
136F. Review of suitability of licensee
137. (Repealed)
138. Alterations of conditions of CMS licence
139. Rights associated with and control of CMS information
140. Unlawful interference with authorised CMS
140A. Protection from personal liability
PART 10 - LINKED GAMING SYSTEMS
Division 1 - Preliminary
141. Definitions
142. Operation of Part
Division 2 - Inter-hotel linked gaming systems
143. Division does not apply to intra-hotel linked gaming systems
144. Keeping of gaming machines in linked gaming system
145. Requirement for licence to operate inter-hotel linked gaming system
146. Unlawful operation of inter-hotel linked gaming system by licensee
147. Exclusive inter-hotel linked gaming system licence during exclusive licence period
Division 3 - Inter-club linked gaming systems
148. Linked gaming systems to which Division applies
149. Keeping of gaming machines in linked gaming system
150. Requirement for licence to operate inter-club linked gaming system
151. Unlawful operation of inter-club linked gaming system by licensee
152. Exclusive inter-club linked gaming system licence during exclusive licence period
Division 4 - General provisions
153. Granting of links licences
154. Conditions of links licences
155. Alteration of conditions of links licences
156. Unlawful interference with authorised linked gaming systems
156A. Stand alone play on gaming machines that are part of linked gaming system
157. Illegal advantage with respect to linked gaming systems
158. Removal of linked gaming system from hotels or clubs
158A. Technicians required to reconnect to authorised linked gaming system
PART 11 - (Repealed)
None
PART 12 - GENERAL PROVISIONS RELATING TO CMS AND LINKS LICENCES
166. Definitions
167. Applications for licences
168. Consideration and fees for CMS licence or links licences
169. Competition and Consumer Act 2010 (Cth) exemption for exclusive licences
170. No proprietary right in licences
171. Term of licences
172. Disciplinary action against licensees
173. Rectification orders
174. Temporary suspension of licences
174A. Suspension or cancellation of CMS licence in extraordinary circumstances
175. Surrender of licences
176. Appointment of temporary licensee if CMS licence or links licence suspended, cancelled or surrendered
177. Directions to licensees and other relevant persons
PART 13 - (Repealed)
None
PART 14 - CRIMINAL PROCEEDINGS AND RELATED MATTERS
187-193. (Repealed)
194. Evidentiary provisions
195, 196. (Repealed)
197. Proceedings for offences
198. Additional penalties
199. Remedial orders
199A. Liability of directors etc for offences by corporation--accessory to the commission of the offences
200. Offences by corporate hoteliers
201. Liability of secretary of club and members of governing body
202. Liability of management and directors of corporate holders of gaming-related licences
203. Penalty notices
203A. Forfeiture and seizure of gaming machines
PART 15 - MISCELLANEOUS PROVISIONS
204. Crown not liable for any compensation
204A. Community Development Fund
205. Additional functions of Authority
205A. Minister may vary or suspend operation of Act for research or trial purposes
205B. Hoteliers and clubs must comply with requirements of inspectors
206. Secrecy
206AA. Authority to publish certain other information
206A, 207. (Repealed)
208. Delegations
209. Relationship with Environmental Planning and Assessment Act 1979
210. Regulations
211. Savings, transitional and other provisions
212-215. (Repealed)
216. Review of Act
SCHEDULE 1
Schedule 5 (Repealed)
