Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• ACT
• adult
• appoint
• child
• Commonwealth
• contravene
• Corporations Act
• Criminal Code
• disallowable instrument
• Executive
• fail
• found guilty
• gambling and racing commission
• individual
• law, of the Territory
• may (see s 146)
• must (see s 146)
• penalty unit (see s 135)
• prescribed
• regulations
• reviewable decision notice
• the Territory
• under.
"acquire" a gaming machine, means take possession of the machine for the purpose of using it for gaming.
"acquisition approval application"—see section 99.
"approval certificate"—
(a) for an approved technician—see section 80 (2) (a) (Certificates and identity cards for approved technicians);
(b) for an attendant—see section 92 (2) (a) (Certificates for approved attendants).
"approved attendant" means an attendant approved under section 86 (Approval of attendants) or section 87 (Short-term approval of attendants).
"approved gaming machine" means a gaming machine approved under section 69.
"approved supplier" means a supplier approved under section 72.
"approved technician" means a technician approved under section 75 (Approval of technicians) or section 76 (Short-term approval of technicians).
"associated entity"—see the Electoral Act 1992, section 198.
"associated organisation", for a club, means an entity declared to be an associated organisation under section 147.
"associated organisation declaration", for part 9 (Club administration)—see section 144A.
"authorised officer" means an authorised officer under the Control Act, section 20.
centralised monitoring system (or "CMS)"—see section 66.
"certificate of suitability"—see section 17 (2) (b).
"charitable organisation" means a body, whether or not incorporated, formed or carried on mainly for charitable, benevolent, philanthropic or religious purposes, but does not include a body formed or carried on for the purpose of trading or gaining a financial profit for its members.
"class B gaming machine" means a gaming machine consisting of the game of draw poker, or a game derived from draw poker, that requires player interaction or intervention as part of the fundamental game operation.
"class C gaming machine" means a gaming machine that consists of a game other than the following games or games derived from them:
(a) roulette;
(b) blackjack;
(c) sic bo;
(d) craps;
(e) pai gow;
(f) baccarat;
(g) two-up;
(h) money wheel;
(i) draw poker.
"club" means a corporation established for the benefit of members to achieve eligible objects.
"CMS"—see definition of centralised monitoring system.
"commission" means the gambling and racing commission.
"community contribution" means a contribution made by a licensee that is approved as a community contribution under section 164.
"community contribution shortfall tax"—see section 172 (1).
"computer cabinet" means the sealable part of a gaming machine that contains the game storage medium and the random access memory.
"constitution" means—
(a) for a club that is a company—the memorandum, and any articles of association, of the company; or
(b) for a club that is an incorporated association—the statement of objects and the rules of the association.
"contribution" means any money, benefit, valuable consideration or security.
"Control Act" means the Gambling and Racing Control Act 1999.
"control procedures", for an entity, means the procedures under section 97.
"corporation" includes a club.
"current licensee", for division 2.6 (Transfer and surrender of licences)—see section 31 (1).
"disciplinary action"—see section 58.
"disciplinary notice"—see section 61.
"dispose of" a gaming machine includes the following:
(a) lease or hire the machine to a person;
(b) destroy the machine;
(c) make the machine inoperable.
"eligible club"—see section 146.
"eligible object"—see section 145.
"eligible person"—
(a) for an individual—see section 20;
(b) for a corporation—see section 21.
"employ "includes engage.
"executive officer", of a corporation, means a person, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation's management.
"financial arrangement"—see section 101.
"game", in relation to a gaming machine, means a play, or a series of plays, initiated by the application of a single stake registered on the machine.
"gaming area" means a room or other area within licensed premises approved under section 120 for the installation of gaming machines.
"gaming law"—see the Control Act, dictionary.
"gaming machine"—
(a) means a machine—
(i) designed for playing a game of chance, or of mixed chance and skill; and
(ii) designed to be played completely or partly by—
(A) the insertion of 1 or more coins, notes or tokens; or
(B) by the application of a monetary credit registered on the machine or elsewhere; and
(iii) that offers, or that appears to offer, people a chance to win monetary or other valuable consideration by playing the machine; but
(b) does not include a device prescribed under the regulations.
"gaming machine tax" means the tax imposed by section 159.
"general licence"—see the Liquor Act 2010, section 17.
"gross revenue", of a licensee or person, means all revenue derived by the licensee or person from the operation of gaming machines, other than—
(a) the amount of winnings for playing the machines paid or payable in accordance with the machines' indicated prize scales (excluding linked jackpots); and
(b) any amount set aside under a linked-jackpot arrangement for the payment of linked jackpots.
"ground for disciplinary action" against a licensee—see section 57.
"incorporated association" means an association incorporated under the Associations Incorporation Act 1991.
"influential person", for a corporation—see section 7.
"initial licence application"—see section 9.
"inquiry" means an inquiry held by the commission under the Control Act.
"jackpot", in relation to a gaming machine, means the combination of letters, numbers, symbols or representations as part of a game on the machine that pays the maximum winnings payable on the machine for any 1 combination.
"licence" means—
(a) a gaming machine licence issued under this Act; and
(b) in relation to a person authorised under section 134—the authorisation; and
(c) in relation to a permit-holder under part 8 (Linked-jackpot arrangements)—a multi-user permit.
"licence amendment application"—see section 9.
"licensed premises" means premises for which a licence is in force.
"licensee" means—
(a) in relation to a licence—the holder of the licence; and
(b) in relation to licensed premises—the holder of the licence in force for the premises; and
(c) for part 4 (Disciplinary action)—see section 56.
"life member", of a club, means a person who is elected to membership of the club for life under the rules of the club.
"linked jackpot" means winnings under a linked-jackpot arrangement operated in accordance with an authorisation or permit under part 8.
"linked-jackpot arrangement" means an arrangement under which 2 or more gaming machines are linked to a device—
(a) that, from time to time, records the amount payable as winnings under the arrangement; and
(b) that, for the purpose of recording the amount mentioned in paragraph (a), receives messages from each machine to which it is linked; and
(c) that cannot affect the percentage payout of, or transmit a message to, a machine to which it is linked.
"local jurisdiction" means a State or New Zealand.
"machine access register"—see section 71.
"maintain" a gaming machine includes repair, adjust or alter the machine.
"member", of a club, means—
(a) a member who, under the rules of the club, is required to pay fees; or
(b) a life member.
"multi-user permit"—see section 135.
"net revenue", of a licensee that is a club, means gross revenue derived by the licensee, less—
(a) any amount of gaming machine tax payable on that revenue; and
(b) 24% of the gross revenue.
"officer" of a club—
(a) means—
(i) any office-holder of the club (however described), including the secretary, treasurer, executive officer or public officer; or
(ii) anyone else concerned in or who takes part in the management of the club's affairs; but
(b) does not include a patron or the holder of another honorary office of the club if the office does not give its holder a right to take part in the management of the club's affairs.
"on licence"—see the Liquor Act 2010, section 18.
Note Subclasses of on licences are dealt with in the Liquor Act 2010, div 2.2.
"operator", of relevant premises, means the person who manages the premises.
"percentage payout", for a gaming machine, means the percentage payout authorised for the machine under the licence.
"peripheral equipment", for a gaming machine—see section 68.
"permit-holder" means the holder of a multi-user permit.
"problem gambling assistance fund"—see section 163B.
"proposed gaming area", in relation to an application—see section 11 (2) (b).
"prospective licensee", for division 2.6 (Transfer and surrender of licences)—see section 31 (1).
"qualified accountant" means—
(a) a member of the Institute of Chartered Accountants in Australia, the Institute of Public Accountants or the Australian Society of Certified Practising Accountants; or
(b) a person registered as a registered company auditor under the Corporations Act.
"registered party"—see the Electoral Act 1992, dictionary.
"relevant premises" means the premises for which a person has applied for a licence.
"repossession" of a gaming machine includes taking possession of the machine under a default provision in a financial agreement.
"required community contribution", for a licensee that is a club—see section 169 (1).
"reviewable decision", for part 13 (Notification and review of decisions)—see section 173.
"rules", for an entity, means the rules mentioned in section 11 (2) (c).
"secretary", in relation to a club, includes a person concerned in the management of the club.
"short-term approval"—
(a) for an attendant—see section 87 (3); and
(b) for a technician—see section 76 (3).
"statement of objects" of a club, means—
(a) for a company—the memorandum of the company; or
(b) for an incorporated association—the statement of objects of the association.
"social impact assessment", for an initial licence application or an amendment licence application, means a social impact assessment for the application under division 2.3.
"technical evaluation "means a technical evaluation under section 69.
"warning notice", for an associated organisation, for part 9 (Club administration)—see section 144A.
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
|
A = Act |
NI = Notifiable instrument |
|
AF = Approved form |
o = order |
|
am = amended |
om = omitted/repealed |
|
amdt = amendment |
ord = ordinance |
|
AR = Assembly resolution |
orig = original |
|
ch = chapter |
par = paragraph/subparagraph |
|
CN = Commencement notice |
pres = present |
|
def = definition |
prev = previous |
|
DI = Disallowable instrument |
(prev...) = previously |
|
dict = dictionary |
pt = part |
|
disallowed = disallowed by the Legislative |
r = rule/subrule |
|
Assembly |
reloc = relocated |
|
div = division |
renum = renumbered |
|
exp = expires/expired |
R[X] = Republication No |
|
Gaz = gazette |
RI = reissue |
|
hdg = heading |
s = section/subsection |
|
IA = Interpretation Act 1967 |
sch = schedule |
|
ins = inserted/added |
sdiv = subdivision |
|
LA = Legislation Act 2001 |
SL = Subordinate law |
|
LR = legislation register |
sub = substituted |
|
underlining = whole or part not commenced |
|
|
mod = modified/modification |
or to be expired |
Gaming Machine Act 2004 A2004-34
notified LR 9 July 2004
s
1, s 2 commenced 9 July 2004 (LA s 75 (1))
remainder commenced 1 November 2004 (s 2 and CN2004-14)
as amended by
Gaming Machine Amendment Act 2005 A2005-17
notified LR 13 April 2005
s
1, s 2 commenced 13 April 2005 (LA s 75 (1))
remainder commenced 14 April 2005 (s 2)
Gaming Machine Amendment Act 2005 (No 2) A2005-26
notified LR 28 June 2005
s
1, s 2 commenced 28 June 2005 (LA s 75 (1))
s 8 commenced 1 July 2007 (s 2 (2))
remainder commenced 1 July 2005 (s 2 (1))
Casino Control Act 2006 A2006-2 sch 1 pt 1.3
notified LR 22 February
2006
s 1, s 2 commenced 22 February 2006 (LA s 75
(1))
sch 1 pt 1.3 commenced 1 May 2006 (s 2 and CN2006-6)
Gaming Machine Amendment Act 2007 A2007-14
notified LR 31 May 2007
s
1, s 2 commenced 31 May 2007 (LA s 75 (1))
remainder commenced 1 June 2007 (s 2)
Gaming Machine Amendment Act 2007 (No 2) A2007-40
notified LR 4 December 2007
s 1, s 2 commenced 4 December 2007 (LA s 75 (1))
s 17 commenced 4 June 2008 (s 2 (2))
remainder commenced 5 December 2007 (s 2 (1))
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.29
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))
sch 3 pt 3.29 commenced 26 August 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.47
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.47 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Statute Law Amendment Act 2009 (No 2) A2009-49 sch 1 pt 1.6
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))
sch 1 pt 1.6 commenced 17 December 2009 (s 2)
Liquor (Consequential Amendments) Act 2010 A2010-43 sch 1 pt 1.12
notified LR 8 November 2010
s 1, s 2 commenced 8 November 2010 (LA s 75 (1))
sch 1 pt 1.12 commenced 1 December 2010 (s 2 (4) and see Liquor Act 2010 A2010-35, s 2 (3) (as am by A2010-43 amdt 1.19) and CN2010-14)
Gaming Machine (Problem Gambling Assistance) Amendment Act 2010 A2010-52
notified LR 15 December 2010
s 1, s 2 commenced 15 December 2010 (LA s 75 (1))
remainder commenced 1 July 2011 (s 2)
Statute Law Amendment Act 2011 A2011-3 sch 1 pt 1.3, sch 3 pt 3.21
notified LR 22 February 2011
s 1, s 2 commenced 22 February 2011 (LA s 75 (1))
sch 1 pt 1.3, sch 3 pt 3.21 commenced 1 March 2011 (s 2)
Gaming Machine (Club Governance) Amendment Act 2011 A2011-24 pt 2
notified LR 7 July 2011
s 1, s 2 commenced 1 July 2011 (LA s 75 (2))
ss 9-11, s 21, s 26 commence 1 July 2012 (s 2 (2))
pt 2 remainder taken to have commenced 1 July 2011 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2011 (No 2) A2011-27 sch 1 pt 1.5
notified LR 30 August 2011
s 1, s 2 taken to have commenced 29 July 2008 (LA s 75 (2))
sch 1 pt 1.5 commenced 13 September 2011 (s 2
(1))
Commencement
s
2 om LA s 89 (4)
Applications to be dealt with in order of
receipt
s 10 am A2007-40 s
4
Grounds for refusing initial licence
application by club
s 14 am A2005-17 s
4, s 5; A2011-24 s 4
Form of
licence
s 15 am A2005-17 s
6
No available gaming
machines
s 17 am A2007-40 s
5
Eligibility of
individuals
s 20 am A2007-14 s 4;
A2007-40 s 6; A2008-28 amdt 3.94;
A2011-3
amdt 1.6
Eligibility of clubs and other
corporations
s 21 am A2007-14 s 5;
A2007-40 s 7; A2011-24 s 5, s 6
Licence amendment
applications
s 22 am A2005-17 s
7
Substantive licence
amendments
s 24 am A2007-40 s 8, s
9
Transfer of
licence
s 32 am A2005-17 ss 8-10; ss
renum A2005-17 s 11; A2007-40 s 10
Maximum number of gaming machines
allowed
s 35 am A2011-3 amdt
3.210
Compliance with requirements for issue of
licence
s 39A ins A2005-26 s
4
Conditions about inequitable
benefits
s 53 am A2011-24 s 7, s
8
Other conditions of club
licences
s 55 am A2005-26 s 5;
A2011-24 s 12; pars renum R16 (RI) LA
Grounds for disciplinary
action
s 57 am A2005-17 s 12; ss renum
A2005-17 s 13; A2006-2 amdts 1.13-1.15; pars renum A2006-2 amdt
1.16
Suspension of licences because of suspension
of general and on licences
s 63 sub
A2010-43 amdt 1.15
Cancellation of licences because of
cancellation etc of general and on
licences
s 64 sub A2010-43 amdt
1.16
Meaning of centralised monitoring
system
s 66 am A2011-3 amdt
3.211
Approval of gaming machines and peripheral
equipment
s 69 am A2007-40 s 11;
A2011-3 amdt 3.212
Cancellation or suspension of gaming machine
and peripheral equipment approval
s
70 am A2011-3 amdt 3.213
Application and approval as
supplier
s 72 am A2007-40 s
12
Cancellation etc of supplier's
approval
s 73A ins A2007-40 s
13
Approval of
technicians
s 75 am A2007-40 s
14
Cancellation etc of technician's
approval
s 79 am A2005-17 s 14; ss
renum A2005-17 s 15
Approval of
attendants
s 86 am A2007-40 s
15
Cancellation etc of attendant's
approval
s 91 am A2005-17 s 16; ss
renum A2005-17 s 17
Position for percentage payout of gaming
machines display
s 126 am A2011-3 amdt
3.214
Definitions—pt
9
s 144A ins A2011-24 s
13
def associated organisation
declaration ins A2011-24 s 13
def
warning notice ins A2011-24 s 13
Eligible
objects
s 145 am A2011-3 amdt
3.215
Eligible
clubs
s 146 am A2005-26 s
6
Associated
organisations—declaration
s 147
hdg sub A2011-24 s 14
s 147 am A2005-17 s
18, s 19; A2011-24 ss 15-17; pars renum R16 (RI) LA
Associated organisation
declaration—condition
s 147A ins
A2011-24 s 18
Associated organisation—warning
notice
s 147B ins A2011-24 s
18
Associated organisation
declaration—suspension or
repeal
s 147C ins A2011-24 s
18
Club elections—election of board
directors
s 147D ins A2011-24 s
18
Club
elections—record-keeping
s 148
hdg sub A2011-24 s 19
Club directors—acting in good
faith
s 148A ins A2011-24 s
20
Warning
notices
s 151 am A2011-3 amdt
3.216
External
signs
s 152 sub A2007-40 s
16
External visibility of gaming
machines
s 152A ins A2007-40 s
17
Audit of financial statements
etc
s 158 sub A2009-49 amdt
1.14
Gaming machine
tax
s 159 am A2005-26 s 7, s
8
Tax adjustment in relation to GST for
clubs
s 160 am A2005-26 s
9
exp 1 February 2006 (s 160
(6))
Gaming machine tax
returns
s 162 am A2011-3 amdt
3.217
Problem gambling assistance
fund
div 11.2 hdg ins A2010-52 s
4
Required payment to problem gambling
assistance fund
s 163A ins A2010-52 s
4
Problem gambling assistance
fund
s 163B ins A2010-52 s
4
Annual reporting about problem gambling
assistance fund
s 163C ins A2010-52 s
4
Approval of community
contributions
s 164 am A2007-40 s 18;
A2011-24 s 22
Required community
contributions
s 169 am A2011-3 amdt
3.218; A2011-24 s 23
Problem gambling community
contributions
s 171A ins A2007-40 s
19
am A2011-24 s 24; ss renum R16 (RI)
LA
Notification and review of
decisions
pt 13 hdg sub A2008-37 amdt
1.212
Meaning of reviewable
decision—pt 13
s 173 sub
A2008-37 amdt 1.212
Reviewable decision
notices
s 173A ins A2008-37 amdt
1.212
Applications for
review
s 173B ins A2008-37 amdt
1.212
Miscellaneous
pt
14 hdg exp 1 November 2005 (s 189)
ins
A2008-37 amdt 1.212
Determination of
fees
s 177 am A2011-3 amdt
3.219
Legislation amended or
repealed
s 179 om LA s 89
(3)
Definitions for pt
14
s 180 exp 1 November 2005 (s
189)
Licences
s
181 exp 1 November 2005 (s 189)
Clubs
s
182 exp 1 November 2005 (s 189)
Rules and control
procedures
s 183 exp 1 November 2005
(s 189)
Disciplinary proceedings under former gaming
Act
s 184 exp 1 November 2005 (s
189)
Approvals under former gaming
Act
s 185 exp 1 November 2005 (s
189)
Linked-jackpot
arrangements
s 186 exp 1 November 2005
(s 189)
Clubs not required to be corporations for s
146
s 187 exp 1 November 2005 (s
189)
Clubs with too many life members for s
146
s 188 exp 1 November 2005 (s
189)
Expiry of pt
14
s 189 exp 1 November 2005 (s
189)
Reviewable
decisions
sch 1 am A2007-40 s 20;
items renum R9 LA
sub A2008-37 amdt
1.213
am A2011-24 s 25; items renum R16
(RI) LA
Gambling and Racing Control Act
1999
sch 2 om LA s 89
(3)
Dictionary
dict am
A2008-37 amdt 1.214; amdt 1.215
def
associated organisation declaration ins A2011-24 s
27
def commission sub
A2005-26 s 10
def gaming law
ins A2011-24 s 27
def
gaming machine pars renum R13
LA
def general licence sub
A2010-43 amdt 1.17
def net revenue
am A2005-26 s 11
def on
licence sub A2010-43 amdt
1.18
def problem gambling
assistance fund ins A2010-52 s
5
def qualified accountant
am A2011-27 amdt 1.10
def
reviewable decision ins A2008-37 amdt
1.216
def warning notice
ins A2011-24 s 27
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
|
Republication No and date |
Effective |
Last amendment made by |
Republication for |
|---|---|---|---|
|
R1 |
1 Nov
2004– |
not amended |
new Act |
|
R2 |
14 Apr
2005– |
A2005-17 |
amendments by A2005-17 |
|
R3 |
1 July
2005– |
A2005-26 |
amendments by A2005-26 |
|
R4 |
2 Nov
2005– |
A2005-26 |
commenced expiry |
|
R5 |
2 Feb
2006– |
A2005-26 |
commenced expiry |
|
R6 |
1 May
2006– |
A2006-2 |
amendments by A2006-2 |
|
R7 |
1 June
2007– |
A2007-14 |
amendments by A2007-14 |
|
R8 |
1 July
2007– |
A2007-14 |
amendments by A2005-26 |
|
R9 |
5 Dec
2007– |
A2007-40 |
amendments by A2007-40 |
|
R10 |
4 June
2008 |
A2007-40 |
amendments by A2007-40 |
|
R11 |
26 Aug
2008- |
A2008-28 |
amendments by A2008-28 |
|
R12 |
2 Feb
2009– |
A2008-37 |
amendments by A2008-37 |
|
R13 |
17 Dec
2009– |
A2009-49 |
amendments by A2009-49 |
|
R14 |
1 Dec
2010– |
A2010-43 |
amendments by A2010-43 |
|
R15 |
1 Mar
2011– |
A2011-3 |
amendments by A2011-3 |
|
R16 |
1 July
2011– |
A2011-3 |
amendments by A2010-52 |
|
R16
(RI) |
1 July
2011– |
A2011-3 |
reissued for retrospective amendments by A2011-24 |
© Australian Capital Territory 2011