Australian Capital Territory Numbered Regulations

GAMBLING AND RACING CONTROL (CODE OF PRACTICE) AMENDMENT REGULATION 2014 (NO 1) (NO 17 OF 2014) - REG 11

substitute

1.6     Problem gambling incident register

    (1)     The commission must establish a register (a problem gambling incident register ) of problem gambling incidents.

    (2)     The register may be kept electronically.

1.6A     Recording problem gambling incidents

    (1)     A licensee of a gambling facility must keep a record of the following incidents (a problem gambling incident ):

        (a)     anyone who shows signs of having a gambling problem when—

              (i)     in the gambling facility; or

              (ii)     dealing with the licensee;

        (b)     any action taken by the licensee in relation to the person.

Examples—signs that person has gambling problem

1     admitting being unable to stop gambling or to gamble within the person's means

2     expressing concern about the amount of time or money the person spends on gambling

3     acknowledging the person spends on gambling money needed for day-to-day living expenses, including for dependents

4     having a disagreement with a family member or friend about the person's gambling behaviour

5     making multiple ATM cash withdrawals in the gambling facility

Example—par (a) (ii)

contacting staff in the gambling facility by phone or email

Note     An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

    (2)     The record—

        (a)     for a prescribed licensee—must be kept on the problem gambling incident register; or

        (b)     for any other licensee—must be in writing.

Note     A licensee commits an offence if the licensee fails to make a record available for inspection when asked by the commission (see s 10).

    (3)     The record must include the following particulars:

        (a)     the date and nature of the problem gambling incident;

        (b)     the name and address (if known), or description, of the person involved in the incident;

        (c)     if any action was taken by the licensee in relation to the person—the following details:

              (i)     the action taken;

              (ii)     the names of the individuals who took the action;

              (iii)     any related action taken by someone else of which the licensee is aware.

Examples—subpar (iii)

1     police arrest and charge the person for an offence relating to the problem gambling incident

2     the person has been excluded from gambling at another gambling facility

    (4)     A licensee must, within 3 consecutive trading days after becoming aware of a problem gambling incident—

        (a)     for a prescribed licensee—record the incident in the problem gambling incident register; or

        (b)     for any other licensee—make a written record of the incident.

    (5)     In this section:

"prescribed licensee" means—

        (a)     a gaming machine licensee; and

        (b)     a casino licensee; and

        (c)     a totalisator licensee.

"problem gambling incident register"—see section 1.6.