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GAMING CONTROL ACT 1993 - SECT 112L Commission to establish codes of practice

GAMING CONTROL ACT 1993 - SECT 112L

Division 4 - Responsible gambling Commission to establish codes of practice

(1)  The Commission is to establish, for prescribed licence holders, codes of practice on responsible gambling.
(2)  Under subsection (1) , different codes of practice may, in the Commission's discretion, be established for different prescribed licence holders or different groups of prescribed licence holders.
(3)  Despite subsection (1) , the Commission is not obliged to establish a code of practice for every prescribed licence holder.
(4)  A code of practice may provide for any relevant matter.
(5)  A code of practice may provide for any matter by adopting, either specifically or by reference, and either wholly or in part and with or without modification, any external protocol –
(a) whether as in force at a particular time or as from time to time amended; and
(b) whether published before, on or after the commencement day.
(6)  The Commission –
(a) may from time to time amend a code of practice; and
(b) must review each code of practice at least once every 5 years after it is established.
(7)  On establishing or amending a code of practice, the Commission is to –
(a) notify the affected licensees accordingly; and
(b) make a copy of the code or amended code available to the affected licensees; and
(c) publish the code or amended code electronically and in such other ways as it thinks fit; and
(d) make a copy of the code or amended code freely available for public inspection at its offices during normal business hours.
(8)  An affected licensee must ensure that a code of practice or amended code of practice is available for free public inspection at –
(a) each licensed premises of the affected licensee; and
(b) each approved location of the affected licensee; and
(c) if the affected licensee is a totalizator operator, each approved outlet of the affected licensee.
Penalty:  Fine not exceeding 25 penalty units.
(9)  The Commission, by notice to each affected licensee, may revoke a code of practice.
(10)  The revocation takes effect on such day as is specified in the notice and cancels the affected licensee's obligations under subsection (8) in respect of the particular code of practice.
(11)  To avoid doubt, a prescribed licence holder may be subject to more than one code of practice at the same time.
(12)  A code of practice is not –
(a) a statutory rule for the purposes of the Rules Publication Act 1953 ; or
(b) an instrument of a legislative character for the purpose of the Subordinate Legislation Act 1992 .
(13)  For the transitional purposes of this section, the Commission's obligation under subsection (1) may be discharged progressively from the commencement day.
(14)  In this section –
affected licensee means a prescribed licence holder to whom a code of practice under this section applies (or, if the code is prospective, will apply);
commencement day means the day referred to in section 2(1) of the Gaming Control Amendment Act (No.2) 2009 ;
external protocol means a code, guideline, rule, specification, standard or other document that –
(a) is published by a person other than the Commission; and
(b) has any relevance to gaming or wagering;
relevant matter means any of the following:
(a) advertising and promotional practices, like player loyalty schemes and the offering of inducements;
(b) access to cash in approved venues, approved locations or approved outlets;
(c) the provision of food and alcohol in restricted gaming areas, approved locations or approved outlets;
(d) the provision of clocks in restricted gaming areas, approved locations or approved outlets;
(e) minimum lighting standards in restricted gaming areas, approved locations or approved outlets;
(f) the display of warning and help signs in restricted gaming areas, approved locations or approved outlets;
(g) the provision of information to players on rules and losing and winning;
(h) staff training in recognising and dealing with persons who are problem gamblers or at risk of becoming so;
(i) any matter approved by the Minister for the purposes of this definition.