GAMING CONTROL ACT 1993
- Act 94 of 1993 - Royal Assent 17 December 1993Table of Provisions
Long TitlePART 1 - Preliminary
- 1 Short title
- 2 Commencement
- 2A Object of Act
- 3 Interpretation
- 4 Meaning of "associate"
- 4A Meaning of "lottery"
- 4B Meaning of "major lottery"
- 4C Sale in Tasmania defined
- 4D Meaning of totalizator
- 4E Location of gaming equipment taken to be in casino or licensed premises
- 5 Act to bind Crown
PART 1A - Gaming and related activities prohibited in certain
circumstances- 5A Gaming and related activities prohibited in certain circumstances
- 5B Proceeds of illegal game, &c., to be forfeited
PART 2 - 2003 Deed
PART 3 - Licensing of Casinos and Keno Operations
- 8 Gaming in licensed casinos declared lawful
- 9 Conduct of keno by keno operator declared lawful
- 10 Authority conferred by general casino licence
- 11 Authority conferred by high-roller casino licence
- 12 Authority conferred by keno operator's licence
- 13 Offence to breach licence conditions
- 13A Granting of general casino licence
- 13B Granting of high-roller casino licence
- 13C Granting of keno operators licence
- 14 Amendment of conditions
- 15 Commission to define casino and keno operator premises
- 16 Duration of licence
- 16A Renewal of casino licence or keno operators licence
- 17 Mortgage, &c., of licence
- 18 Financial accommodation
- 19 Licensing under the Liquor Licensing Act 1990
- 20 Section 20
- 21 Surrender of licence
- 22 Action to be taken if casino licence or keno operators licence cancelled, &c.
- 22A Application for casino or keno operators licence
- 23 Matters to be considered in determining application
- 24 Investigation of application
- 25 Commission may require further information, &c.
- 26 Cost of investigations to be paid by applicant
- 27 Updating of application
- 28 Determination of application
- 29 Licence cannot be granted without Minister's approval
- 29A New licence cannot take effect until former licence expires
- 30 Change in situation of licensed operator
PART 4 - Licensing of Venue Operators, Monitoring Operators,
Employees and Technicians and Listing of Manufacturers Division 1 - General- 31 Gaming in certain licensed premises declared lawful
- 32 Authority conferred by venue licence
- 33 Authority conferred by monitoring operators licence
- 34 Authority conferred by special employee's licence
- 35 Authority conferred by technician's licence
Division 2 - Venue licence
- 35A Interpretation
- 36 Application for venue licence
- 37 Grounds for objection
- 38 Matters to be considered in determining application
- 39 Investigation of application
- 40 Commission may require further information, &c.
- 40A Cost of investigations to be paid by applicant
- 41 Updating of application
- 42 Determination of application
- 43 Transfer of venue licence
- 43A Surrender of venue licence
- 43B Renewal of venue licence
- 44 Amendment of venue licence and conditions
- 45 Notification of certain applications concerning liquor licence
- 46 Modification of gaming areas
- 47 Section 47
- 47A Section 47A
- 48 Provisional licence
- 48A Transfer of gaming machine authority
- 48B Increase in number of gaming machine authorities held in respect of licence
- 48C Reduction in number of gaming machine authorities held in respect of licence
Division 2A - Monitoring operator's licence
- 48D Interpretation of Division
- 48E Functions of monitoring operators
- 48F Monitoring operators to be licensed
- 48G Minister may invite expressions of interest for initial monitoring operator's licence
- 48H Application for subsequent monitoring operator's licence
- 48I Matters to be considered in determining application
- 48J Investigation of application
- 48K Commission may require further information, &c.
- 48L Cost of investigations to be paid by applicant
- 48M Updating of application
- 48N Determination of application
- 48O Issue of monitoring operator's licence
- 48P Surrender of monitoring operator's licence
- 48Q Change in situation of monitoring operator
- 48R Commission to define monitoring operator's premises
- 48S New licence cannot take effect until former licence expires
- 48T Duration of monitoring operator's licence
- 48U Renewal of monitoring operator's licence
- 48V Suspension or cancellation of monitoring operator's licence in extraordinary circumstances
- 48W Amendment of conditions
- 48X Rights associated with, and control of, electronic monitoring system information
- 48Y Approval of electronic monitoring systems
- 48Z Regulations
Division 3 - Special employee's licence
- 49 Interpretation
- 50 Special employees to be licensed
- 51 Application for special employee's licence
- 52 Updating of application
- 53 Commission may require further information, &c.
- 54 Application to be investigated
- 55 Determination of application
- 56 Conditions of special employee's licence
- 56A Replacement special employee's licence
- 57 Identification
- 58 Provisional special employee's licence
- 59 Duration of special employee's licence
- 60 Renewal of special employee's licence
- 61 Section 61
- 62 Section 62
- 63 Section 63
- 64 Termination of employment on suspension or cancellation of licence
- 65 Provision of information relating to special employee
Division 4 - Technician's licence
- 66 Interpretation
- 67 Only licensed technicians to repair, &c., gaming equipment
- 68 Application of Division 3
- 69 Offences
Division 5 - Manufacturers, suppliers and testers of gaming equipment
- 69A Interpretation of Division
- 69B Authority conferred by listing on Roll
- 70 Roll of Recognized Manufacturers, Suppliers and Testers of Gaming Equipment
- 71 Application to be listed on Roll
- 72 Cost of investigations to be paid by applicant
- 73 Objections
- 73A Updating of application
- 74 Determination of application
- 75 Listing on Roll subject to conditions
- 75A Removal from Roll in certain cases
- 75B Expiry and renewal of listing on Roll
- 75C Variation of listing on Roll
- 76 Payments, &c., to operator unlawful
PART 4A - Gaming and wagering under Tasmanian gaming licence
Division 1 - Lawful and unlawful activities
- 76A Lawful activities
- 76B Offence to conduct gaming business without endorsed Tasmanian gaming licence
Division 2 - Application for, and determination of, Tasmanian gaming
licence- 76C Application for Tasmanian gaming licence
- 76D Consideration of application
- 76E Refund of application fee
- 76F Excess costs of application
- 76G Investigation of application
- 76H Updating of application
- 76I Determination of application
- 76J Suitability of person to hold a Tasmanian gaming licence
- 76K Suitability of associates
- 76L Issue of Tasmanian gaming licence
- 76M Form of Tasmanian gaming licence
- 76N Form of gaming endorsement
Division 3 - Application for, and determination of, new gaming
endorsement- 76O Application for new gaming endorsement
- 76P Investigation, processing and determination of application for new gaming endorsement
- 76Q Costs of processing application for new gaming endorsement
- 76R Endorsing Tasmanian gaming licence with new gaming endorsement
Division 4 - Tasmanian gaming licence
- 76S Authority of Tasmanian gaming licence with sports betting endorsement
- 76T Authority of Tasmanian gaming licence with race wagering endorsement
- 76U Authority of Tasmanian gaming licence with simulated gaming endorsement
- 76UA Authority of Tasmanian gaming licence with simulated racing event endorsement
- 76V Authority of Tasmanian gaming licence with major lottery endorsement
- 76VA Authority of Tasmanian gaming licence with betting exchange endorsement
- 76VB Authority of Tasmanian gaming licence with totalizator endorsement
- 76VC Authority of Tasmanian gaming licence with agent endorsement
- 76W Section 76W
- 76X Tasmanian gaming licence subject to conditions
- 76XA Additional conditions on Tasmanian gaming licence with gaming endorsement
- 76XB Additional conditions on Tasmanian gaming licence with betting exchange endorsement
- 76XC Additional conditions on Tasmanian gaming licence with totalizator endorsement
- 76Y When Tasmanian gaming licence and gaming endorsement take effect
- 76Z Period of Tasmanian gaming licence
- 76ZA Tasmanian gaming licence not transferable
- 76ZB Variation of Tasmanian gaming licence, &c.
- 76ZC Renewal of Tasmanian gaming licence
- 76ZD Section 76ZD
- 76ZE Section 76ZE
- 76ZF Section 76ZF
- 76ZG Section 76ZG
Division 5 - Betting exchange operations Subdivision 1 - Introductory
- 76ZDA Application of Division
- 76ZDB Interpretation of Division Subdivision 2 - Licensing provisions
- 76ZDC Section 76ZDC
- 76ZDD Betting exchange commission Subdivision 3 - Licensing of employees
- 76ZDE Certain employees to be issued with special employee's licence
- 76ZDF Certain employees to be issued with technician's licence Subdivision 4 - Miscellaneous
- 76ZDG Offshore computer equipment
- 76ZDH Section 76ZDH
- 76ZDI Section 76ZDI
- 76ZDJ Section 76ZDJ
- 76ZDK Section 76ZDK Subdivision 5 - Offences
- 76ZDL Restrictions on brokered wagering
- 76ZDM Restrictions on wagering by interested persons
Division 5A - Totalizator operations Subdivision 1 - Introductory
- 76ZEA Application of Division
- 76ZEB Interpretation of Division Subdivision 2 - Licensing arrangements
- 76ZEC Special limitations
- 76ZED Initial totalizator endorsement
- 76ZEE Second totalizator endorsement
- 76ZEF Section 76ZEF
- 76ZEG Authorised rates of totalizator commission
- 76ZEH Totalizator dividends and their calculation Subdivision 3 - Licensing of employees
- 76ZEI Certain employees to be issued with special employee's licence
- 76ZEJ Certain employees to be issued with technician's licence Subdivision 4 - Totalizator gaming equipment and control systems
- 76ZEK Gaming equipment, &c., of initial totalizator operator
- 76ZEL Gaming equipment, &c., of second totalizator operator
Division 6 - End of Tasmanian gaming licence
- 76ZH When Tasmanian gaming licence ends
- 76ZI Surrender of Tasmanian gaming licence or gaming endorsement
- 76ZJ Continuation of Tasmanian gaming licence after death, &c.
Division 7 - Player protection Subdivision 1 - General protection
- 76ZK Self-limit on wagers by player
- 76ZL Self-limit on deposits by player
- 76ZM Licensed provider not to act as credit provider
- 76ZN Complaints about licensed providers Subdivision 2 - Exclusion
- 76ZNA Interpretation
- 76ZNB Self-exclusion from wagering with licensed provider 76ZNC. Third-party exclusion from wagering with licensed provider
- 76ZND Revocation of TGL exclusion orders
- 76ZNE Licensed provider to keep register of excluded persons
- 76ZNF Restrictions on wagering with excluded persons
- 76ZNG Transitional exemption for certain licensed providers
Division 8 - Duties in respect of player's funds
- 76ZO Remitting funds of active player
- 76ZP Remitting funds of inactive player
- 76ZQ Limits on use of player's funds
- 76ZQA Freezing wagering funds held by licensed provider
- 76ZQB Freezing wagering funds held by third party
Division 9 - Duties and powers in respect of prizes
- 76ZR Claims for prize
- 76ZRA Unclaimed winnings, &c.
- 76ZS Unclaimed non-monetary prize
- 76ZT Power to withhold prize
Division 10 - General duties and powers of licensed providers
- 76ZU Keeping register of players
- 76ZV Restrictions on who may wager
- 76ZW Prohibition on licensed provider self-wagering
- 76ZX Restrictions on conduct of gaming activity
- 76ZY Restriction on accepting new associate
- 76ZZ Totalizator Agencies (approved outlets)
- 76ZZAAA Totalizator operator approved outlets
- 76ZZAAB Commission oversight of approved outlets
- 76ZZAA Section 76ZZAA
- 76ZZAB Betting discounts
Division 11 - Miscellaneous
- 76ZZA Prohibition on advertising and promotion of simulated gaming
- 76ZZB Prohibition on altering Tasmanian gaming licence
- 76ZZC Prohibition on licensed technician and special employee wagering
- 76ZZD Commission may restrict participation in gaming activities by gaming official
- 76ZZE Installation and storage of gaming equipment by licensed provider
- 76ZZF Approval of games
- 76ZZG Approval of gaming equipment
- 76ZZGA Section 76ZZGA
- 76ZZH Withdrawal of approval of gaming equipment
- 76ZZI Approval of control system
- 76ZZIA Emergency approval of modification to control system or gaming equipment
PART 4B - Minor gaming conducted for charitable purposes Division 1
- Minor gaming conducted for charitable purposes lawful- 76ZZJ Minor gaming conducted for charitable purposes lawful
Division 2 - Authorised games
- 76ZZK Authorised game and rules of the game
- 76ZZL Availability of authorised games list and rules of games
- 76ZZM Commission to act in accordance with agreements between Crown and licence holder
Division 3 - Minor gaming permit
- 76ZZN Application for minor gaming permit
- 76ZZO Grant of minor gaming permit
- 76ZZP Authority of minor gaming permit
- 76ZZQ Period of minor gaming permit
- 76ZZR Surrender of minor gaming permit
- 76ZZS Amendment of minor gaming permit
Division 4 - Duties of minor gaming operators
PART 4C - Sale of Tickets in Foreign Games Division 1 -
Preliminary- 77 Interpretation of Part 4C
Division 2 - Sale of tickets in foreign game
- 77A Sale of tickets in foreign game restricted
Division 3 - Application for, and determination of, foreign games
permit- 77B Application for foreign games permit
- 77C Consideration of application
- 77D Refund of application fee
- 77E Excess costs of application
- 77F Investigation of application
- 77G Updating of application
- 77H Determination of application
Division 4 - Foreign games permit
- 77I Issue of foreign games permit
- 77J Authority of foreign games permit
- 77K Foreign games permit subject to conditions
- 77L When foreign games permit takes effect
- 77M Period of foreign games permit
- 77N Foreign games permit not transferable
- 77O Variation of foreign games permit and conditions
- 77P Renewal of foreign games permit
Division 5 - End of foreign games permit
- 77Q When foreign games permit ends
- 77R Surrender of foreign games permit
- 77S Continuation of foreign games permit after death, &c.
Division 6 - Accredited representatives
- 77T When person becomes accredited representative
- 77U Notification of cessation of position as accredited representative
PART 5 - Control of Gaming Division 1 - Gaming control relating to
approved venues- 77 Section 77
- 77V Approval of certain contracts by Commission
- 78 Rectification order as precursor to disciplinary action
- 79 Approval of keno rules
- 80 Approval of gaming machine types and games
- 81 Approval of other gaming equipment
- 82 Purchase of gaming equipment from person not listed on Roll
- 83 Withdrawal of approval
- 84 Approval of jackpots and linked jackpot arrangements
- 85 Removal of jackpot prize pool from venue
- 86 Gaming prohibited on unprotected devices
- 87 Unlawful interference with gaming equipment
- 88 Section 88
- 89 Profits from gaming machines
- 90 Installation and storage of gaming equipment
- 91 The Commission's rules
- 92 Rules to be displayed and enforced
- 93 Section 93
- 94 Credit, &c.
- 95 Gaming tokens
- 96 Electronic monitoring system to be in place
- 97 Malfunction of gaming equipment
- 97A Complaints regarding gaming and gaming equipment
- 98 Defective gaming equipment not allowed
- 99 Removal of certain persons
- 100 Detention of suspected persons
- 101 Injunctions to prevent contraventions, &c.
Division 1A - Limitations on gaming machine numbers
- 101A Interpretation of Division
- 101B Gaming machines: limit on overall numbers
- 101C Gaming machines: limit on numbers allowed in individual clubs and hotels
- 101D Gaming machines: limit on common ownership of authorities
Division 2 - Gaming control relating to casinos
- 102 Casino layout to be in accordance with prescribed requirements
- 103 Approval of games played in casino
- 104 Junkets
- 105 Residential requirements for gaming in high-roller casinos
- 106 Minimum bet amounts at high-roller casinos
- 107 Section 107
- 108 Section 108
- 109 Section 109
- 110 Section 110
- 111 Section 111
- 112 Possession of certain things prohibited
Division 3 - Exclusion from gaming or wagering premises
- 112A Interpretation of Division
- 112B Self-exclusion from wagering
- 112C Exclusion from wagering on application of interested person
- 112D Revocation of section 112C exclusion order
- 112DA Expiry of exclusion notices and orders
- 112E Exclusion order by specified licence holder
- 112F Appeal to Commission
- 112G Commissioner of Police may order person to be excluded
- 112GA Information not to be disclosed
- 112GB Application for review by Magistrates Court
- 112H Duration of section 112E exclusion orders
- 112I List of excluded persons
- 112IA Commission to keep and disseminate lists of excluded persons
- 112IB Direct marketing of gaming to excluded persons prohibited
- 112J Excluded persons not to wager or enter gaming premises
- 112K Removal of excluded persons from gaming premises
Division 4 - Responsible gambling
- 112L Commission to establish codes of practice
Division 5 - Gaming control generally
- 112M Section 112M
- 112N Investigation of prescribed licence holders
- 112O Investigation into associate or other person
- 112OA Costs of investigation
- 112OB Temporary transfer of prescribed licence to liquidator
- 112P Commission may give directions
- 112PA General gaming standards
- 112Q Approval to possess unapproved gaming equipment
- 112R Restriction on advertising and promotion of gaming
Division 6 - Disciplinary action
- 112S Grounds for disciplinary action
- 112T Disciplinary action
- 112TA Liability to disciplinary action not extinguished by loss of licence
- 112U Suspension of prescribed licence without opportunity to be heard
PART 6 - Minors
- 113 Interpretation
- 114 Application of Part 6
- 115 Minors not to enter restricted gaming areas
- 116 Minors not to participate in gaming
- 117 Offences by casino operators and venue operators in respect of minors
- 117A Offence by special employees in respect of minors
- 118 Prohibition on accepting wager of minor
- 118A Prohibition on facilitating gaming by minor
- 119 Proof of age may be required
- 120 Minors using false evidence of age
- 121 Section 121
- 122 Apprentices permitted entry to restricted gaming areas
PART 7 - Tasmanian Liquor and Gaming Commission
- 123 Tasmanian Liquor and Gaming Commission
- 124 Membership of Commission
- 125 Functions of Commission
- 126 Powers of Commission
- 127 Minister may give Commission directions
- 127AA Direction to be given in relation to appropriate harm minimisation technologies
- 127AB Directions to be given in relation to simulated racing events and FATG machines
PART 8 - Inspectors
- 127A Interpretation of Part
- 128 Appointment
- 129 Identification of inspectors
- 130 Entry onto premises
- 131 Functions of inspectors
- 132 Investigation of complaints by inspectors
- 133 Powers of inspectors
- 134 Search warrants
- 135 Offences relating to inspectors
PART 9 - Financial Provisions Division 1 - Accounts and levies
- 136 Calculation of gross profits
- 137 Controls and procedures to be implemented in casinos
- 137A Controls and procedures to be implemented by venue operators
- 138 Controls and procedures to be implemented by keno operator and monitoring operator
- 138A Section 138A
- 139 Accounts at authorised deposit-taking institutions
- 140 Accounting records
- 141 Records to be kept on the premises
- 142 Audit
- 143 Submission of reports
- 143A Monthly returns by lucky envelope suppliers
- 144 Returns to players
- 145 Other returns by keno operator
Division 1A - Point of consumption tax
- 145A Extraterritorial operation of Division
- 145B Interpretation of Division
- 145C Meaning of Tasmanian bet
- 145D Meaning of net wagering revenue
- 145E Liability to pay point of consumption tax
- 145F Point of consumption tax to be paid monthly
- 145G Annual reconciliation
- 145H Registration
- 145I Obligation to identify persons location
- 145J Requirement to lodge monthly return
- 145K Exemption from monthly return for on-course bookmaking
- 145L General exemption from monthly returns
- 145M Treasurer may enter into agreements
- 145N Avoidance of point of consumption tax
- 145O Regulations
Division 2 - Licence fees, taxation and other amounts payable
- 146 General casino licence fee
- 147 High-roller casino licence fee
- 147A Keno operators licence fee
- 147B Monitoring operators licence fee
- 148 Venue licence fee
- 148A Annual Tasmanian gaming licence fee
- 148AB Fee to remain on Roll
- 148B Minor gaming fees
- 149 Unclaimed winnings
- 150 Section 150
- 150AA Section 150AA
- 150A Taxation in respect of Tasmanian gaming licence
- 150AB Set off for goods and services tax in respect of Tasmanian gaming licence
- 150AC Annual levy for Tasmanian gaming licence with second totalizator endorsement
- 150AD Section 150AD
- 150AE Section 150AE
- 150AF Taxation in respect of foreign games permit
- 150AG Set-off for goods and services tax in respect of certain foreign games
- 150AH Taxation in respect of high-roller casino licence
- 150AI Taxation in respect of general casino licence
- 150AJ Taxation in respect of keno operator's licence
- 150AK Taxation in respect of venue licence
- 150B Revenue sharing
- 151 Community support levy
- 151A Community Support Fund
- 152 Review of social and economic impact of gambling
- 153 Debt due to the Crown
Division 2A -
. . . . . . . .- 153AA Section 153AA
Division 3 - Gaming and wagering guarantee
Division 4 - Miscellaneous
PART 10 - Miscellaneous
- 154 Manufacture, &c., of gaming equipment
- 155 Possession of gaming equipment
- 156 Seizure and forfeiture of equipment
- 156A Instant money lotteries
- 157 Secrecy
- 158 Delegation
- 159 Conflict of interest and duty
- 160 Protection from liability of authorized persons
- 161 Change in situation of licensee or person listed on Roll
- 162 Destruction of finger prints, &c.
- 163 Records not kept in writing
- 164 False or misleading information
- 165 Inducements, cheating, &c.
- 166 Bribery of authorized persons
- 167 Gambling by authorized persons prohibited
- 168 Service of documents on Commission
- 169 Evidence
- 170 Offences by corporations
- 171 Proceedings
- 172 Information gathering for law enforcement purposes
- 172A Infringement notices
- 173 Appeals
- 173A Waiver of fees
- 174 Regulations
- 175 Repeal
- 176 Section 176
- 177 Section 177
- 178 Transitional and savings provisions
- 178A Further transitional and savings provisions
- 179 Administration of Act SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 5
[ Note: This table has been automatically generated and may be incomplete. ]