Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) In this Act, unless the contrary intention appears –
"accredited representative" means a person who is the accredited representative of a foreign games permit holder under Division 6 of Part 4C;
"accredited testing facility" means a facility –(a) for the testing of gaming equipment, games and gaming machines; and
(b) the name of which appears on the Roll;
"agent endorsement" means an endorsement on a Tasmanian gaming licence that authorises the activities specified in section 76VC;
"amend" means –(a) insert matter; and
(b) omit matter; and
(c) omit matter and substitute other matter;
"approved game" means a game approved under section 76ZZF;
"approved gaming equipment" means gaming equipment of a type approved by the Commission under section 80 or 81;
"approved location" means premises specified in a gaming endorsement in which the licensed provider may undertake a gaming activity authorised by the endorsement;
"approved outlet" means premises established and used for gaming and wagering purposes pursuant to section 76ZZ or 76ZZAAA;
"approved rules" means rules of an approved game that have been approved under section 76ZZF;
"approved sports event" means a sports event declared under subsection (8) to be an approved sports event;
"approved venue" means premises on which a venue operator is licensed to conduct gaming;
"authorised game" means a game determined under section 76ZZK to be an authorised game;
"authorized person" means –(a) a Commissioner; or
(b) an inspector; or
(c) a person appointed by the Commission in writing to be an authorized person for the purposes of this Act;
"betting exchange" has the meaning given by section 76ZDB;
"betting exchange commission" has the meaning given by section 76ZDB;
"betting exchange operator" has the meaning given by section 76ZDB;
"broker wagering" has the meaning given by section 76ZDB;
"brokered wagering event" has the meaning given by section 76ZDB;
"casino" means premises, or part of premises, defined as a casino for the time being under section 15;
"casino employee" means a special employee having functions in or in relation to a casino;
"casino licence" means a licence granted and in force under section 13 or 28;
"casino operator" means a person who is a holder of a casino licence;
"charitable purposes" includes the following purposes:(a) religious purposes;
(b) educational purposes;
(c) benevolent purposes;
(d) welfare purposes;
(e) providing medical treatment or attention;
(f) promoting or encouraging literature, art or science;
(g) establishing, managing or beautifying a community centre or park or other community premises or place;
(h) recreational or sporting purposes;
(i) a purpose approved by the Commission generally or in a particular case;
"chips" means any tokens, other than gaming tokens, used instead of money for the purpose of gaming;
"Commission" means the Tasmanian Gaming Commission established under section 123;
"Commissioner" means a member of the Commission;
"competitor" includes participant;
"computer cabinet" means the sealed section in a gaming machine which contains the game programme storage medium and the Random Access Memory;
"computer server" means a computer that is capable of one or more of the following:(a) communicating with another computer;
(b) generating a simulated game;
(c) providing to that other computer –
(i) access to a database; or
(ii) transaction-based services; or
(iii) software applications;
"control system" means a system of internal controls, and administrative and accounting procedures, for the conduct of a gaming business by a licensed provider;
"decision", in relation to the Commission, includes determination;
"2003 Deed" means –(a) the Deed made on 18 March 2003 between The Federal Hotels Pty Limited, Australian National Hotels Pty Limited, Tasmanian Country Club-Casino Proprietary Limited and the Crown in right of the State of Tasmania, a copy of which is set out in Schedule 1; and
(b) any deed made as a supplement to the Deed referred to in paragraph (a);
"device" includes any electrical, electronic or mechanical machine;
"electronic monitoring system" means any dial-up or on-line real time electronic, computer or communications system or device that is so designed that it may be used, or adapted, to send or receive data from gaming equipment in relation to the security, accounting or operation of gaming equipment;
"employ" includes engage under a contract for services;
"exempt game" means a game, or a game of a class, declared to be an exempt game under subsection (8A);
"foreign game" means –(a) a lottery or game (including pools and a game that is prescribed for the purposes of the definition of "game" in this section) that is the subject of an application under section 77B for a foreign games permit; and
(b) a lottery or game (including pools and a game that is prescribed for the purposes of the definition of "game" in this section) in which tickets may be sold in Tasmania under a foreign games permit;
"foreign games permit" means a foreign games permit granted and in force under Part 4C;
"foreign games permit holder" means the person who holds a current foreign games permit;
"game" means a game of chance or a game that is partly a game of chance and partly a game requiring skill but does not include any major lottery, pools or prescribed game or an exempt game;
"gaming" means wagering in a contingency relating to a game, whether by means of a gaming machine or otherwise;
"gaming Act" means –(a) the TT-Line Gaming Act 1993; and
(b) an Act of the Commonwealth or another State or a Territory that is similar in effect to this Act; and
(c) subordinate legislation under any Act referred to in paragraph (a) or (b);
"gaming activity" means –(a) the wagering in a contingency relating to a sports event, race wagering event, simulated game, major lottery, pools or prescribed event (where the event, simulated game, major lottery, pools or prescribed event is not a prohibited gaming activity); and
(b) the wagering in a contingency relating to a brokered wagering event (where the event is not a prohibited gaming activity); and
(c) the wagering in a contingency by way of a totalizator (where the totalizator is not conducted in respect of a prohibited gaming activity);
"gaming area" means a casino or any area in licensed premises to which a licensed premises gaming licence relates approved by the Commission for the conduct of gaming;
"gaming business" means the business of a licensed provider conducted under the authority of a Tasmanian gaming licence in respect of a gaming endorsement;
"gaming endorsement" means –(a) a sports betting endorsement; and
(b) a race wagering endorsement; and
(c) a simulated gaming endorsement; and
(d) a major lottery endorsement; and
(da) a betting exchange endorsement; and
(db) a totalizator endorsement; and
(dc) an agent endorsement; and
(e) a prescribed endorsement;
"gaming equipment" means –(a) linked jackpot equipment and an electronic monitoring system; and
(b) an electronic, electrical or mechanical device specifically designed, customised or installed for use in connection with gaming or a gaming activity; and
(c) computer software specifically designed, customised or installed for use in connection with gaming or a gaming activity; and
(d) any other device used, or capable of being used, for or in connection with gaming or a gaming activity; and
(e) a part of, or a replacement part for, gaming equipment;
"gaming machine" means any device, whether wholly or partly mechanically or electronically operated, that is so designed that –(a) it may be used for the purpose of playing a game; and
(b) as a result of making a wager on the device by the insertion of a gaming token, winnings may become payable;
"gaming machine game" means a game designed to be played on a gaming machine and identifiable from all other games by differences in rules or programming;
"gaming machine type" means a type of gaming machine, including the computer cabinet and computer hardware and software, on which a range of games may be played without any alteration to the gaming machine other than the substitution of a new game programme or an alteration to the information or artwork displayed on the gaming machine;
"gaming operation" means any activity authorized by a gaming operator's licence;
"gaming operator" means the holder of a gaming operator's licence;
"gaming operator's licence" means a licence granted and in force under section 13 or 28;
"gaming token" means Australian currency or any token, credit or any other thing that enables a wager to be made on a gaming machine;
"goods and services tax" means the GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;
"greyhound race" means a race between greyhound dogs in pursuit of a moving object;
"gross profit", in relation to keno, simulated games, gaming machine games and games approved under section 103, means the gross profit calculated in accordance with section 136;
"harness race" means a race between horses with a pacing or trotting gait;
"horse race" means a race between horses with a galloping gait;
"inspector" means a person appointed under section 128 to be an inspector for the purposes of this Act;
"jackpot" means a winning entitlement to the whole or a part of a special prize pool;
"keno" means a game in which a person wagers –(a) that certain numbers selected by that person will be among a group of numbers randomly selected from a total pool of 80 numbers; or
(b) on the outcome of the numbers randomly selected from a total pool of 80 numbers;
"law enforcement agency" means –(a) the Police Service; or
(ab) the police force of any other State or of a Territory; or
(b) the Australian Federal Police; or
(c) the Australian Crime Commission; or
(d) any other authority or person responsible for the enforcement of the laws of the Commonwealth or of this or any other State or of a Territory;
"licence holder" means a person who holds a licence or permit that is in force under this Act;
"licensed operator" means a casino operator or a gaming operator;
"licensed premises" means premises in respect of which a licence under the Liquor Licensing Act 1990 is in force authorizing the sale of liquor for consumption on the premises–(a) to members of the public; or
(b) to members of the club specified in the licence, a person introduced to the club by a member in accordance with the rules of the club or a person who is a member of the club by reason of a reciprocal arrangement with another club;
"licensed premises gaming licence" means a licence granted and in force under section 42;
"licensed premises gaming operator" means the person who is the holder of a licensed premises gaming licence;
"licensed provider" means a person who holds a Tasmanian gaming licence;
"licensed technician" means a person who is the holder of a licence in force under Division 4 of Part 4;
"linked jackpot arrangement" means an arrangement whereby 2 or more gaming machines or other prescribed machines are linked to a device that –(a) records from time to time an amount which may be payable, or part of which may be payable, as a jackpot; and
(b) for the purpose of recording the amount referred to in paragraph (a), receives data from each machine to which the device is linked; and
(c) is not capable of affecting the outcome of a game on a machine to which the device is linked;
"linked jackpot equipment" means any jackpot meter, payout display, linking equipment, computer equipment, programming or other device (other than a gaming machine) forming, or capable of forming, part of a linked jackpot arrangement;
"liquor" has the same meaning as in the Liquor Licensing Act 1990;
"lottery" has the meaning given by section 4A;
"lucky envelope" means –(a) any ticket, card or envelope that is commonly known as a lucky envelope, beer ticket, cash ticket or tear open envelope; and
(b) any other ticket, card or envelope of a similar nature or kind;
"lucky envelope supplier" means a person who prints or otherwise manufactures lucky envelopes or sells lucky envelopes to another person for the purposes of resale by that other person;
"major lottery" has the meaning given by section 4B;
"major lottery endorsement" means an endorsement on a Tasmanian gaming licence that authorises the activities specified in section 76V;
"minor gaming operator" means the holder of a minor gaming permit;
"minor gaming permit" means a minor gaming permit granted and in force under Part 4B;
"money clearance" means the removal of money, chips or gaming tokens from a drop box;
"non-licensed premises" means premises in respect of which a licence may be granted under the Liquor Licensing Act 1990 authorising the sale of liquor for consumption on the premises–(a) to members of the public, other than in conjunction with the provision of meals; or
(b) to members of the club specified in the licence, a person introduced to the club by a member in accordance with the rules of the club or a person who is a member of the club by reason of a reciprocal arrangement with another club;
"not-for-profit organisation" means an organisation, association, society, club, institution or other body, whether corporate or unincorporate, that is formed or carried on primarily for charitable purposes and not for purposes of trading or securing a profit for its members or another body;
"operations", in relation to a casino, means –(a) the conduct of gaming in the casino; or
(b) other matters affecting or arising out of, activities in the casino;
"player" means a person who (otherwise than as a licensed provider or as the employee of a licensed provider in the course of that employment) –(a) wagers on an approved sports event, race wagering event, major lottery, pools, prescribed event or simulated game; or
(b) wagers, through a betting exchange, on a brokered wagering event; or
(c) wagers on a totalizator;
"pools" means football pools and other similar pools prescribed in the regulations;
"premises" includes –(a) a vehicle, vessel, aircraft and other means of transport; and
(b) a part of premises;
"prescribed duties" –(a) in relation to a special employee, means duties associated with the conduct of gaming specified by the Commission in accordance with subsection (6); and
(b) in relation to a technician, means duties associated with the installation and operation of gaming equipment specified by the Commission in accordance with subsection (6);
"prescribed endorsement" means an endorsement on a Tasmanian gaming licence, being an endorsement that is of a kind prescribed in the regulations and authorises the activities specified in section 76W;
"prescribed event" means an event, or an event of a class, prescribed in the regulations in respect of a prescribed endorsement;
"prescribed licence" means –(a) a casino licence; and
(b) a gaming operator's licence; and
(c) a licensed premises gaming licence; and
(d) a special employee's licence; and
(e) a technician's licence; and
(f) a listing on the Roll; and
(g) a Tasmanian gaming licence; and
(h) a minor gaming permit; and
(ha) a foreign games permit; and
(i) any other licence, permit or authority or similar document prescribed by the regulations;
"prescribed licence holder" means the holder of a prescribed licence;
"prohibited device" means a device –(a) used or intended to be used for interfering with the normal operation of gaming equipment; or
(b) used or intended to be used for the purpose of enabling a person to count or otherwise record cards dealt in the course of gaming in a casino;
"prohibited gaming activity" means any game, major lottery or pools declared by the Minister under subsection (7) to be a prohibited gaming activity;
"public interest" or "interest of the public" means public interest or interest of the public having regard to the creation and maintenance of public confidence and trust in the credibility, integrity and stability of the conduct of gaming;
"public place" means –(a) a public place within the meaning of the Police Offences Act 1935; and
(b) a common gaming-house;
"race wagering" means wagering on a race wagering event or contingency other than –(a) brokered wagering; or
(b) totalizator wagering;
"race wagering endorsement" means an endorsement contained in a Tasmanian gaming licence that authorises the activities specified in section 76T;
"race wagering event" means a real horse race, real harness race or real greyhound race;
"racing club" means a racing club within the meaning of the Racing Regulation Act 2004;
"real" means not simulated;
"record" includes any book, account, document, paper or other source of information compiled, recorded or stored in written form, or on microfilm, or by electronic process, or by any other means;
"registered company auditor" means a person registered as an auditor, or taken to be so registered, under Part 9.2 of the Corporations Act;
"registered player", in relation to a licensed provider, means a person registered as a player with that provider under section 76ZU;
"regulations" means regulations made and in force under this Act;
"repealed Act" means any Act referred to in Schedule 4;
"restricted gaming area" means a physically discrete area within an approved venue which minors must not enter and which is devoted primarily to the conduct of gaming;
"Roll" means the Roll of Recognized Manufacturers, Suppliers and Testers of Gaming Equipment maintained under section 70;
"rules of the game", in relation to an authorised game, means the rules of the game set out in a determination under section 76ZZK in respect of that authorised game;
"sell" means –(a) sell by wholesale or retail; and
(b) offer, display or expose for sale; and
(c) keep for sale; and
(d) barter or exchange; and
(e) deal in or agree to sell; and
(f) supply, forward or deliver for sale or for, or in expectation of receiving, any payment or other consideration; and
(g) authorise, cause, attempt, allow, assist with or cooperate in the doing of any act referred to in paragraph (a), (b), (c), (d), (e) or (f);
"simulated game" means a computer-generated simulated game, other than keno or a lottery, where –(a) a prize consisting of money or something else of value is offered or can be won under the rules of the game; and
(b) a player –
(i) enters the game or takes any step in the game by means of a telecommunications device; and
(ii) pays a monetary payment or other valuable consideration to participate in the game; and
(c) the winner of a prize is decided wholly or partly by chance;
"simulated gaming endorsement" means an endorsement on a Tasmanian gaming licence that authorises the activities specified in section 76U;
"special employee" has the meaning given by section 49;
"special employee's licence" means a special employee's licence issued under Division 3 of Part 4;
"special prize pool" means a prize pool established for the payment of jackpots;
"sports betting endorsement" means an endorsement on a Tasmanian gaming licence that authorises the activities specified in section 76S;
"sports event" means any of the following activities:(a) a real race between –
(i) human, or teams or groups of human, competitors; or
(ii) mechanical, or teams or groups of mechanical, competitors; or
(iii) animal, or teams or groups of animal, competitors, other than a horse race, harness race or greyhound race; or
(iv) a mixture of human, mechanical or animal, or teams or groups of human, mechanical, animal or mixed human, mechanical and animal, competitors;
(b) a real sport, game, fight, exercise or pastime, whether involving individual competitors or teams or groups of competitors;
(c) a prescribed activity;
"Tasmanian gaming licence" means a licence granted and in force under Part 4A;
"technician's licence" means a technician's licence issued and in force under Division 4 of Part 4;
"telecommunications device" means –(a) a computer adapted for communicating by way of the Internet or another communications network; and
(b) a television receiver adapted to allow the viewer to transmit information by way of a cable television network or another communications network; and
(c) a telephone; and
(d) any other electrical or electronic device for communicating at a distance;
"ticket", in relation to a lottery or other game, means any document evidencing a chance in the lottery or game;
"totalizator" means a system of parimutuel betting, whether or not conducted by means of an instrument or contrivance known as a totalizator, that enables –(a) persons to wager on contingencies relating to a race wagering event or approved sports event; and
(b) the total amount so wagered, less any deductions authorised under this Act, to be divided among the successful wagerers;
"totalizator endorsement" means an endorsement on a Tasmanian gaming licence that authorises the activities specified in section 76VB;
"totalizator operator" means the holder of a Tasmanian gaming licence with a totalizator endorsement;
"totalizator wagering" means wagering on a totalizator;
"TOTE Tasmania" means the company formed under section 6 of the TOTE Tasmania Act 2000 as TOTE Tasmania Pty. Ltd.;
"trade promotion" means a scheme or device for the distribution of a prize by way of sale, gift or otherwise where the scheme or device –(a) is for the promotion of a business; and
(b) is a scheme or device in which the payment or other consideration is, in the opinion of the Commission, equivalent to the prevailing market price for the right to a benefit or thing the purchase of which is the consideration for the opportunity to participate in the distribution;
"turnover" means the total amount paid to a licence holder in respect of gaming or gaming activities or a particular game or gaming activity by persons wagering with the licence holder less any money paid or refundable to any of those persons by reason of the cancellation of wagers in respect of any gaming, gaming activities, particular game or particular gaming activity, or otherwise;
"unrestricted area" means the area within an approved venue other than the restricted gaming area;
"unrestricted gaming equipment" means approved gaming equipment in respect of which a permit under section 82 is in force;
"venue operator" means a person who is the holder of a licensed premises gaming licence or a casino licence;
"wager" means doing one or more of the following acts for oneself or on behalf of another person:(a) wagering;
(b) paying, receiving or settling a wager;
(c) offering or agreeing to wager;
(d) offering or agreeing to pay, receive or settle a wager;
(e) assisting or cooperating with a person in connection with the doing of any act referred to in paragraph (a), (b), (c) or (d);
"wagering funds", of a registered player, means –(a) funds deposited or transferred for wagering purposes; and
(b) funds obtained from winning wagers;
"working day" means a day that is not a Saturday, a Sunday or a statutory holiday as defined in the Statutory Holidays Act 2000;
"written notice" includes a notice given in the form of electronic data from which a written document can be produced or reproduced.
(2) A reference in this Act to "conduct of gaming" is a reference to –
(a) the management, use, supervision and operation of gaming; and
(b) the sale, redemption or use of chips or gaming tokens; and
(c) the installation, alteration, adjustment, maintenance or repair of gaming equipment; and
(d) the use or distribution of proceeds from gaming; and
(e) accounting, banking, money counting, storage and other acts in connection with or related or incidental to gaming; and
(f) the acceptance of wagers for games of keno.
(3) For the purposes of this Act, a person other than –
in the performance of his or her duties, is taken to play a gaming machine if the person, directly or indirectly –(a) a special employee; or
(b) a licensed technician –
(c) inserts a gaming token into the gaming machine; or
(d) causes gaming machine credits to be registered by the gaming machine; or
(e) makes a wager on the gaming machine; or
(f) makes, or participates in making, the decisions involved in playing the gaming machine.
(4) In this Act –
(a) a reference to a function includes a reference to a power, authority or duty; and
(b) a reference to the exercise of a function includes, in relation to a duty, a reference to the performance of the duty.
(5) For the purposes of this Act, corporations are related to each other if they are, under the Corporations Act, related to each other.
(6) The Commission may, by notice in the Gazette, specify prescribed duties in relation to a special employee and a technician.
(7) The Minister, by notice published in the Gazette, may declare to be a prohibited gaming activity any game, major lottery or pools that the Minister is satisfied is contrary to the public interest.
(8) At the request of a licensed provider or on its own discretion, the Commission by notice published in the Gazette may declare –
(a) a sports event to be an approved sports event; and
(b) a sports event of a class specified in the notice to be an approved sports event.
(8A) The Commission by notice in the Gazette may declare a game, or a game of a class specified in the notice, to be an exempt game.
(8B) The Commission may include in a notice under subsection (8A) conditions to which the declaration is subject and conditions relating to the conduct of the exempt game.
(9) A notice referred to in subsection (6), (7), (8) or (8A) is not a statutory rule for the purposes of the Rules Publication Act 1953.