New South Wales Consolidated Acts

GAMING MACHINES ACT 2001

- As at 29 October 2008
- Act 127 of 2001

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Gambling harm minimisation and responsible gambling conduct are primary objects of this 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 (Repealed)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 number of gaming machines
   11.     Limit on number of gaming machines in hotels
   12.     Limit on number of gaming machines in clubs
   13.     (Repealed)

   PART 3 - POKER MACHINE ENTITLEMENTS AND HARDSHIP GAMING MACHINES

           Division 1 - Preliminary

   14.     General provisions

           Division 2 - Tradeable poker machine entitlement scheme

   15.     Initial allocation of poker machine entitlements
   15AA.   Special allocation of poker machine entitlements
   15A.    Large-scale clubs required to reduce their allocated number of poker machine entitlements
   15B.    Transitional scheme relating to reduction of certain poker machine entitlements allocated to large-scale clubs
   16.     Further allocation of poker machine entitlements and certificate of entitlements
   17.     Allocation of free poker machine entitlements in respect of certain clubs
   18.     General restrictions on allocation of poker machine entitlements
   19.     Transfer of poker machine entitlements
   20.     General requirements relating to transfer of poker machine entitlements
   21.     Other provisions relating to transfer of poker machine entitlements
   21A.    Special provisions relating to transfer by large-scale clubs of poker machine entitlements
   22.     Hoteliers may exchange AADs for poker machine entitlements
   23.     Transfer of poker machine entitlements when hotel licence surrendered or cancelled
   24.     Transfer of poker machine entitlements when licence of registered club surrendered or cancelled
   24A.    Transfer of poker machine entitlements when club permanently ceases to trade
   25.     Transfer of poker machine entitlements if hotel licence is removed to other premises
   25A.    Transfer of poker machine entitlements if club premises are removed to other premises

           Division 3 - Hardship gaming machines

   26.     Application for additional gaming machines on special grounds
   27.     Hardship applications by hoteliers and prospective hoteliers
   28.     Hardship applications by registered clubs
   29.     Approval to keep hardship gaming machines
   30.     Requirement to forfeit hardship gaming machines in certain circumstances
   31.     Allocation of poker machine entitlements for hardship gaming machines

           Division 4 - Miscellaneous provisions

   31A.    Forfeiture of other gaming machine entitlements in certain circumstances
   31B.    Transfer of Liquor Act poker machine permits when hotel licence surrendered or cancelled
   31C.    Consequences of moving to temporary premises

   PART 4 - GAMBLING HARM MINIMISATION MEASURES

           Division 1 - Social impact assessment of gaming machines

   32.     Application and operation of Division
   33.     Social impact assessment must be provided in connection with application for authorisation to keep gaming machines
   34.     Classes of social impact assessment
   35.     Requirements in relation to social impact assessments
   36.     Advertising of social impact assessment
   37.     Approval of social impact assessment
   37A.    Restrictions on approval of social impact assessment
   37B.    Temporary freeze in relation to SIA thresholds

           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
   45.     Regulation of promotional prizes and player reward schemes
   46.     Provision of problem gambling counselling services
   47.     Responsible conduct in relation to gaming machines
   47A.    Prohibition on accepting transfer of prize winning cheques
   48.     Industry codes of practice
   49.     Self-exclusion of patrons from hotels and clubs

           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
   57.     Application for authorisation to keep or dispose of gaming machines
   58.     Cancellation of authorisations
   59.     Authorisation to keep gaming machines in hotel subject to primary purpose test
   59A.    Restrictions on authorisation to keep approved amusement devices
   60.     Gaming machines not permitted in retail shopping centres
   60A.    SIA threshold for hotel or club to be decreased if poker machine entitlements are transferred from retail shopping centre
   61.     Clubs may keep multi-terminal gaming machines
   61A.    Temporary freeze on number of multi-terminal gaming machines in clubs

           Division 2 - Approval of gaming machines by Authority

   62A.    Gambling harm minimisation and related matters
   62.     Director may approve of 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
   69.     Possession of gaming machines that are not approved
   69A.    Supplying or installing unapproved gaming machine components
   70.     Possession of approved gaming machine by unauthorised persons
   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
   76.     Defective gaming machines
   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
   81.     Illegal advantage gained during design etc of gaming machines

   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.     Advice relating to gaming machines

           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
           96-100. (Repealed)
   101.    Granting of gaming-related licences generally
   102.    Granting of testing facility licence
   103.    (Repealed)
   104.    Conditions of gaming-related licences
   105.    Special condition relating to dealer’s licence
   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.    Refund of licence fee on surrender of gaming-related licence or work permit
   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, technician or adviser
   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.    Director 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.   Review by ADT 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 registered clubs to CMS licensee
   135.    Operation of authorised CMS
   136.    Grant of CMS licence
   137.    Exclusive CMS licence during exclusive licence period
   138.    Alterations of conditions of CMS licence
   139.    Control of information obtained by CMS licensee
   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
   157.    Illegal advantage with respect to linked gaming systems
   158.    Removal of linked gaming system from hotels or clubs

   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.    Trade Practices exemption for exclusive licences
   170.    No proprietary right in licences
   171.    Term of licences
   172.    Disciplinary action against licensees
   173.    Rectification order as alternative to disciplinary action
   174.    Temporary suspension of licences
   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.    (Repealed)
   196.    Prosecution of unincorporated clubs
   197.    Proceedings for offences
   198.    Additional penalties
   199.    Remedial orders
   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
   205.    Directions by Minister and 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)