Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(see reg 6)
1 Meaning of licensee
In this code of practice:
"licensee" means—
(a) the holder of a gaming machine licence under the Gaming Machine Act 1987 (a gaming machine licensee ); or
(b) a casino licensee under the Casino Control Act 1988 (a casino licensee ); or
(c) a licensed provider under the Interactive Gambling Act 1998 ; or
(d) the holder of a race bookmaking licence, a race bookmaker's agent licence, a sports bookmaking licence or a sports bookmaker's agent licence under the Race and Sports Bookmaking Act 2001 ; or
(e) ACTTAB Limited; or
(f) anyone authorised to conduct a lottery, scheme or competition under the Lotteries Act 1964 or the Pool Betting Act 1964 , other than—
(i) a calcutta sweepstake; or
(ii) a trade promotion in which participants are given free entry to a contest that promotes a trade or business and involves an element of chance in the allocation of the prize; or
(iii) a raffle; or
(iv) a progressive lottery or silver circle involving a number of draws on different days, including tipping competitions, in which regular or different prizes are drawn; or
(v) a private lottery.
Note Private lottery is defined in the Lotteries Act 1964 , section 6 (3).
(1) For this code of practice, a person has a gambling problem if the person cannot manage properly the person's gambling activities.
Examples of 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 dependants
4 having a disagreement with a family member or friend about the person's gambling behaviour.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act 2001 , s 126 and s 132).
(2) Also, a person is taken to have a "gambling problem", if the person engages in any of the following behaviour:
(a) seeking credit for gambling unless authorised under a gaming law;
(b) seeking to borrow or scavenge for money to gamble;
(c) seeking assistance or advice about controlling the person's gambling;
(d) admitting to borrowing or stealing money to gamble.
3 Licensees obligations generally
(1) A licensee of a gambling facility must conduct the facility honestly, responsibly and in accordance with this code of practice.
(2) A licensee of a gambling facility must not give or make available to patrons information about gambling or gambling facilities that is false or misleading.
(3) A casino licensee or gaming machine licensee must not allow a person (the gambler ) to use the licensee's facility for gambling if the gambler—
(a) appears not to fully understand the nature or consequences of gambling generally, or a particular gambling activity, and the potential for financial loss; or
(b) appears to be intoxicated or under the influence of a drug to an extent that the gambler could not reasonably be expected to exercise rational judgment while gambling.
(1) The licensee of a gambling facility must ensure that—
(a) each staff member who is directly involved in providing gambling services to patrons and each person who supervises the staff members—
(i) has successfully completed an approved training program; and
(ii) does not take part, or allow anyone else to take part on their behalf, in a gambling activity at the facility except as part of the member's duty; and
(b) each staff member is aware of his or her obligations under this code of practice.
(2) However, ACTTAB Limited and someone mentioned in clause 1, definition of "licensee", paragraph (f), need only ensure that the person in charge of each gambling facility—
(a) has successfully completed an approved training program; and
(b) does not take part, or allow anyone else to take part on their behalf, in a gambling activity at the facility except as part of the person's duty; and
(c) is made aware of his or her obligations under this code of practice.
(3) The person in charge mentioned in subclause (2) must take all reasonable steps to ensure that—
(a) each staff member who is directly involved in providing gambling services to patrons and each person who supervises the staff members—
(i) has successfully completed an approved training program; and
(ii) does not take part, or allow anyone else to take part on their behalf, in a gambling activity at the facility except as part of the member's duty; and
(b) each staff member is made aware of his or her obligations under this code of practice.
(4) Subclause (1) (a) (i), (2) (a) and (3) (a) (i) are subject to clause 5.
(5) Subclause (1) (a) (ii), (2) (b) and (3) (a) (ii) apply to a person only if the person is on duty in the ordinary course of the person's employment at the gambling facility.
5 Exemptions in relation to approved training courses
The commission may, in writing, given to the licensee of a gambling facility, exempt the licensee or person in charge of the facility from the requirement to comply with clause 4 (1) (a) (i), (2) (a) or (3) (a) (i) during a stated time, or in stated circumstances.
Division 1.2.2 Problem gambling
6 Recording problem gambling incidents
(1) A licensee of a gambling facility must keep a record of—
(a) anyone in the gaming area of the facility—
(i) who shows signs of having a gambling problem; or
(ii) to whom a deed applies; or
(iii) who has been excluded under clause 14 (Exclusion of people at risk or excluded under deed); and
(b) any action taken by the licensee in relation to the person.
Note Gaming area is defined in the dictionary.
(2) The record must include the following particulars:
(a) the date and nature of the incident;
(b) the name and address (if known), or description, of the person in relation to whom action was taken;
(c) the action taken and by whom.
A licensee of a gambling facility must not encourage a person to gamble beyond the person's means.
8 Help in relation to gambling problems
If the licensee of a gambling facility is asked by a person in the facility about problem gambling, the licensee must take reasonable steps to give the person advice or information about counselling and advisory services available from support agencies.
A licensee of a gambling facility must not conduct gambling at the facility unless at least 1 gambling contact officer has been appointed for the facility.
10 Gambling contact officers functions
(1) A gambling contact officer for a gambling facility has the following functions (as well as the functions under clause 11):
(a) to give the people about whom a report under clause 11 is made help to obtain information and counselling about problem gambling;
(b) if a complaint is made to the officer about problem gambling at the facility—
(i) to record details of the complaint and any action taken; and
(ii) to tell the complainant about any action taken or that action was not taken and the reasons why; and
(iii) to tell the complainant that a complaint can be made to the commission;
(c) to report to the licensee about any complaints made to the officer about problem gambling at the facility;
(d) to arrange for details of excluded people to be entered in the register of excluded people under clause 18;
(e) to ensure, as far as possible, that there is no unauthorised or inappropriate disclosure of personal information obtained or kept under this code of practice.
(2) A gambling contact officer has any other function given to the gambling contact officer under this code of practice.
Note 1 The commission can investigate complaints about noncompliance with a gaming law (see the Act, s 31).
Note 2 A complaint to the commission could include a complaint about a gambling contact officer.
11 Dealing with people with gambling problem
(1) The licensee of a gambling facility must ensure the gambling contact officer for the facility is told about—
(a) any person in the facility whom the licensee or a staff member has reasonable grounds for believing has a gambling problem; and
(b) the details of the person's behaviour that led to the belief.
(2) The gambling contact officer must keep a register of—
(a) the name or a description of each person about whom the officer has been told under subclause (1); and
(b) details given to the officer under that subclause; and
(c) the name or a description of each person (other than someone mentioned in subclause (1) (a)) whom the officer has reasonable grounds for believing has a gambling problem; and
(d) details of the person's behaviour that led to the gambling contact officer's belief.
(3) The gambling contact officer must take reasonable steps, in relation to a person mentioned in subclause (2) (a) and (c), to—
(a) discuss the possible gambling problem with the person as soon as possible; and
(b) give the person advice or information about—
(i) counselling and advisory services available from support agencies; and
(ii) any other appropriate action that may be taken by the person, including the opportunity to sign a deed to ensure the person's exclusion from gambling at the facility.
Division 1.2.3 Exclusion from gambling generally
(1) This division does not apply to someone mentioned in clause 1, definition of "licensee", paragraph (f).
(2) Also, this division, other than clause 14 (1) (Exclusion of people at risk or excluded under deed), clause 19 (Accounts of certain excluded people) and clause 20 (Promotional material not to be sent to certain excluded people), does not apply to—
(a) a casino licensee; or
(b) a licensed provider under the Interactive Gambling Act 1998 .
Note The Casino Control Act 1988 and Interactive Gambling Act 1998 contain provisions about excluded or disqualified people.
(1) The licensee of a gambling facility must not, if asked by a person claiming to have a gambling problem to sign a deed of exclusion (a deed ) with the person, fail to sign the deed.
(2) The deed must include the following terms:
(a) a term stating the period, that is reasonable in the circumstances, for which the person is to be excluded from the facility;
(b) a term that the licensee may remove the person from, or prevent the person from entering, the gambling facility.
Note If the form for a deed is approved under the Gambling and Racing Control Act 1999 , s 53D (Approved forms), the form must be used.
14 Exclusion of people at risk or excluded under deed
(1) The licensee of a gambling facility must exclude a person from gambling at the facility if the licensee has reasonable grounds for believing that—
(a) the welfare of the person, or any of the person's dependants, is seriously at risk because of the person's gambling problem; or
(b) the person is someone to whom a deed applies.
Note If the form for excluding a person at risk is approved under the Gambling and Racing Control Act 1999 , s 53D (Approved forms), the form must be used.
(2) If a person is excluded under subclause (1) (a), the licensee must give the person written reasons for the exclusion when the person is excluded.
15 Matters to which licensee to have regard when deciding whether to exclude
(1) A decision by a licensee to exclude a person under clause 14 must be reasonable in the circumstances.
(2) In making the decision, the licensee must have regard to whether the exclusion—
(a) is necessary to protect the welfare of the person, or any of the person's dependants, from risk in relation to the person's gambling problem; and
(b) is in the public interest, particularly having regard to the social and economic costs of problem gambling.
16 Commission's review of exclusion decisions
A person aggrieved by a licensee's decision under clause 14 (Exclusion of people at risk or excluded under deed) may apply, in writing, to the commission for a review of the decision.
Note Application may be made to the administrative appeals tribunal for review of a decision by the commission under the regulations to confirm, revoke or amend the licensee's decision.
(1) The licensee of a gambling facility must prepare written procedures dealing with how people are to be excluded from gambling at the facility.
(2) A person must comply with any written direction in relation to procedures given to the person by the commission under this clause.
(3) The licensee of a gambling facility must also tell patrons of the facility about—
(a) the support services available to gamblers; and
(b) the use of a deed of exclusion, particularly—
(i) the availability and effect of a deed; and
(ii) the confidentiality of a deed; and
(iii) who may be given a copy of a deed; and
(c) the register of excluded people under clause 18 .
(4) The procedures must be written as clearly and simply as possible to promote understanding by people using them.
(5) The licensee of a gambling facility must ensure that staff members whose functions include the exclusion of a person under this code of practice are competent to exercise the function.
18 Register of excluded people
A licensee of a gambling facility must keep a register of people excluded from the facility under this division.
19 Accounts of certain excluded people
(1) This clause applies to a person's account held with a licensee if—
(a) for a casino licensee—the person is excluded by the licensee from a casino under the Casino Control Act 1988 , section 70A (1) (Notification of exclusion by commissioner of police or commission); or
(b) for a licensee other than a casino licensee—the person is excluded by the licensee under this division.
(2) The licensee must not allow someone else to use the person's account.
20 Promotional material not to be sent to certain excluded people
The licensee of a gambling facility must not send information or promotional material about gambling activities at the facility—
(a) for a casino licensee—to a person excluded from the casino under the Casino Control Act 1988 , section 70A (1); or
(b)
for a licensee other than a casino licensee—to a person excluded
by the licensee under this division.
Part 1.3 Financial
controls and gambling environment
21 Cash facilities
(1) This clause applies to a casino licensee.
(2) The licensee of a gambling facility to whom this clause applies must ensure that a cash facility is not located in a gaming area of the facility.
(3) In this clause:
"cash facility" means—
(a) an automatic teller machine; or
(b) an EFTPOS facility.
22 Cash payment limits for casino licensees
(1) A casino licensee must not pay to a gambling patron winnings in cash of more than $20 000 in any 12 hour period.
Example
If a gambling patron in a casino wins $25 000, and at 1pm the casino pays the person $20 000 in cash and the balance of $5 000 by cheque or electronic funds transfer, the person is not entitled to any further payment in cash until 1am on the next day.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act 2001 , s 126 and s 132).
(2) However, subclause (1) does not prevent the payment of winnings, in excess of the $20 000, by other means.
(1) A licensee, other than a casino licensee, must not, for a particular event or contingency on which a gambling patron has staked or risked money, pay to the patron winnings in cash that are more than the amount worked out under the table in this subclause.
column 1 | column 2 | column 3 |
| item | type of licensee | maximum cash payable |
| 1 | bookmaker | $20 000 |
| 2 | ACTTAB | $20 000 |
| 3 |
lotteries | $4 000 |
| 4 | gaming machine | $1 000 |
| 5 | housie and keno | $1 000 |
Example
If a gambling patron wins $30 000 at ACTTAB on race 3 Flemington Racecourse, the person should be paid not more than $20 000 in cash and the balance by cheque or electronic funds transfer. The gambling patron can still receive winnings paid in cash of not more than $20 000 if the patron wins on subsequent races at the racecourse.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act 2001 , s 126 and s 132).
(2) However, subclause (1) does not prevent the payment of winnings, in excess of the maximum amount payable in cash, by other means.
(1) This clause applies to a gaming machine licensee.
(2) The licensee of a gambling facility to whom this clause applies must not—
(a) cash a cheque within a gaming area of the facility; or
(b) allow a person to buy back or redeem a previously cashed personal cheque.
(3) The licensee of a gambling facility to whom this clause applies must not—
(a) cash a patron's personal cheque for more than $250 on any day unless the person has made arrangements with the licensee on a previous day; or
(b) cash a cheque of any other kind for the patron.
25 Availability of information
(1) The licensee of a gambling facility must display in each gaming area of the facility signs to the effect that people under 18 years old, and intoxicated people, are not allowed to gamble.
(2) Each sign must be prominently displayed and able to be readily read.
(3) A licensee of a gambling facility must make available at the facility, in a conspicuous way, information that—
(a) tells people about each of the following:
(i) restrictions (if any) on cashing cheques;
(ii) gambling limits (if any) at the facility;
(iii) the chances of winning major prizes; and
(b) tells people where each of the following can be found at the gambling facility:
(i) a copy of the rules for each kind of gambling offered by the licensee;
(ii) information about programs for exclusion from gambling;
(iii) a gambling contact officer for the facility;
(iv) a copy of the Gambling and Racing Control (Code of Practice) Regulations 2002 or this code of practice;
(v) information about counselling services available in the ACT for problem gamblers.
(4) If asked for information about the availability of interpreter services to patrons at a gambling facility, the licensee for the facility must give the information.
(5) This clause is subject to clause 27 (Directions about information, clocks and lighting).
(1) This clause applies to—
(a) a casino licensee; and
(b) a gaming machine licensee.
(2) The licensee of a gambling facility must prominently display the correct time in the facility.
(3) The licensee of a gambling facility must ensure that lighting in the facility is adequate to allow clocks and signs required to be displayed under this code of practice to be clearly visible to people in the facility.
(4) This clause is subject to clause 27.
27 Directions about information, clocks and lighting
(1) The commission may give written directions to the licensee of a gambling facility to ensure compliance with clause 25 (Availability of information) or clause 26.
(2)
If the commission gives a direction to the licensee, the
licensee must comply with the direction.
Part 1.4 Advertising, promotions and inducements
(1) The licensee of a gambling facility must not publish advertising that—
(a) encourages anyone to contravene a gaming law; or
(b) shows people under 18 years old gambling; or
(c) encourages people under 18 years old to gamble, or targets them; or
(d) is false or misleading, particularly about the chances of winning or the expected return to a gambler; or
(e) suggests that gambling is a form of financial investment; or
(f) suggests that skill can influence games that are games of chance; or
(g) promotes the consumption of alcohol while gambling.
(2) This clause is subject to clause 31 (Directions about advertising, promotions and inducements).
(1) This clause does not apply to someone mentioned in clause 1, definition of "licensee", paragraph (f).
(2) The licensee of a gambling facility must not publish gambling advertising in relation to the facility unless it contains, or is published near, the name and telephone number of an approved gambling counselling service in the ACT.
(3) This clause is subject to clause 31 (Directions about advertising, promotions and inducements).
(1) The licensee of a gambling facility must not—
(a) conduct a promotion that encourages people to gamble at the facility for a minimum period of time to qualify for rewards;
(b) conduct a promotion that encourages people to gamble a minimum amount to qualify for rewards; or
(c) include in a promotion for gambling at the facility an offer of free or discounted alcohol.
(2) Subsection (1) (b) does not apply to—
(a) the promotion of a commission-based player scheme under the Casino Control Act 1988 ; or
(b) a player reward scheme that is advertised only within the gambling facility or directly to members of the facility; or
(c) someone mentioned in clause 1, definition of "licensee", paragraph (f).
(3) For subsection (2), a player reward scheme is a scheme in which the player of a gaming machine earns rewards (other than winnings decided by the machine) by playing the machine.
(4) A gaming machine licensee must not—
(a) conduct a promotion at the licensee's facility that encourages people to increase their frequency of betting at the facility or the amount of each bet; or
(b) induce people to gamble at the licensee's facility by offering—
(i) free or discounted alcohol; or
(ii) cash, or free or discounted gambling credits, unless the offer of cash or credits is made to all patrons of the facility as part of the facility's usual or regular prize schedule.
(5) The licensee of a gambling facility must ensure that promotional material relating to gambling at the facility—
(a) contains the rules and conditions of the promotion; or
(b) states where at the facility the rules and conditions of the promotion can be inspected.
(6) The licensee of a gambling facility must make the rules and conditions of the promotion available for inspection at the facility.
(7) This clause is subject to clause 31.
31 Directions about advertising, promotions and inducements
(1) The commission may give written directions to a licensee of a gambling facility to ensure compliance with clause 28 (Advertising), clause 29 (Advertising requirements) or clause 30 (Promotions and inducements).
(2) If the commission gives a direction to the licensee, the licensee must comply with the direction.