Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014 S.R. No. 172/2014 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objective 1 2 Authorising provision 2 3 Commencement 2 4 Definitions 2 PART 2—PRE-COMMITMENT 4 Division 1—Application 4 5 Application of Part 4 Division 2—Player account equipment 4 6 Card readers on gaming machines 4 7 Interactive display screens on gaming machines 5 8 Kiosks 6 9 Card encoders, card readers and keypads 8 10 Player service points 8 Division 3—Player accounts and player cards 8 11 Registered player accounts 8 12 Registered player cards 9 13 Casual player cards 10 Division 4—Information requirements 11 14 Pre-commitment information brochures 11 15 Commission to provide pre-commitment information brochures to venue operators and casino operators 12 16 Change in pre-commitment information brochures 13 Division 5—Other requirements 13 17 Provision of assistance 13 18 Discouraging or drawing attention to the use of pre-commitment and encouraging limit changing 14 -- 1 of 34 -- Regulation Page ii Authorised by the Chief Parliamentary Counsel PART 3—LOYALTY SCHEMES 17 Division 1—Requirements relating to pre-commitment 17 19 Application of Division 17 20 Accumulation of gaming points once limit has been reached 17 21 Electronic pre-commitment information has priority 17 22 Requirement to provide equal access 18 23 Discouraging or drawing attention to the use of pre-commitment and encouraging limit changing 19 Division 2—Loyalty points 20 24 Accumulation of loyalty points for activities other than playing gaming machines 20 25 Award of gaming points must not exceed award of non-gaming points 21 26 Loyalty points must not be redeemed for gaming machine credits or gaming tokens 21 27 Gaming points must not be redeemed for rewards of greater value than rewards for the redemption of non-gaming points 22 Division 3—Information requirements 23 28 Information required before issuing loyalty player cards 23 29 Information to be given to loyalty scheme participants 24 30 Information to be contained in player activity statement 25 ═══════════════ ENDNOTES 32 -- 2 of 34 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2014 S.R. No. 172/2014 Gambling Regulation Act 2003 Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014 The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations: Dated: 21 October 2014 Responsible Minister: EDWARD O'DONOHUE Minister for Liquor and Gaming Regulation YVETTE CARISBROOKE Clerk of the Executive Council PART 1—PRELIMINARY 1 Objective The objective of these Regulations is to prescribe matters in relation to— (a) pre-commitment; and (b) player cards; and (c) player account equipment; and (d) the conduct of loyalty schemes; and (e) the provision of information relating to pre-commitment and loyalty schemes. -- 3 of 34 -- Part 1—Preliminary Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014 S.R. No. 172/2014 2 Authorised by the Chief Parliamentary Counsel 2 Authorising provision These Regulations are made under section 11.2.1 of the Gambling Regulation Act 2003. 3 Commencement These Regulations come into operation on 1 December 2015. 4 Definitions (1) In these Regulations— casual player card means a player card on which there is stored a unique identification number that is allocated for that player card; electronic loyalty information means a message or other piece of information generated or sent by the loyalty scheme for the purpose of being displayed to a player of a gaming machine; electronic pre-commitment information means a message or other piece of information generated or sent by a pre-commitment system for the purpose of being displayed to a player of a gaming machine; gaming points means loyalty points accumulated from the playing of gaming machines; loyalty player card means a player card that is capable of being used by a player to track their playing of gaming machines for the purposes of a loyalty scheme; loyalty points means bonus, loyalty or reward points accumulated by a participant in a loyalty scheme; non-gaming points means loyalty points accumulated from the purchase of goods or services not related to the playing of gaming machines; r. 2 -- 4 of 34 -- Part 1—Preliminary Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014 S.R. No. 172/2014 3 Authorised by the Chief Parliamentary Counsel player information standards means the standards for printed information for players of gaming machines published by the Minister on the Commission's website from time to time; player service point means a place set aside in an approved venue or casino under regulation 10(1); pre-commitment information brochure means a brochure that is in the form and contains the information, in the English language, approved by the Minister under subregulation (2); registered player account means an account established for a person under regulation 11; registered player card means a player card on which there is stored a unique identification number that is allocated for a particular person's use of a pre-commitment system; the Act means the Gambling Regulation Act 2003; unique identification number means a number allocated by a pre-commitment system for the purpose of identifying information held by the system in relation to either— (a) a particular person's use of the pre-commitment system; or (b) the use of a particular player card with respect to the pre-commitment system. (2) The Minister may, from time to time, approve the form of, and the information to be contained in, a brochure for the purposes of the definition of pre-commitment information brochure in subregulation (1). __________________ r. 4 -- 5 of 34 -- Part 2—Pre-commitment Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014 S.R. No. 172/2014 4 Authorised by the Chief Parliamentary Counsel PART 2—PRE-COMMITMENT Division 1—Application 5 Application of Part This Part applies if the Minister directs the monitoring licensee, under section 3.8A.2 of the Act, to provide a pre-commitment system. Division 2—Player account equipment 6 Card readers on gaming machines For the purposes of section 3.8A.10(1) and (2) of the Act— (a) the prescribed quantity of card readers is one card reader for each gaming machine that is installed in the approved venue or casino (as the case requires); and (b) the prescribed location of each card reader referred to in paragraph (a) is a location that— (i) makes the card reader clearly visible to, and easily accessible by, a person sitting at or standing in front of the gaming machine and looking at the video screen; and Note For an illustration of the location of a gaming machine's video screen, see Schedule 1 to the Gambling Regulation Regulations 20051. (ii) is on or in or attached to the front, or a side panel, of the machine cabinet of the gaming machine. r. 5 -- 6 of 34 -- Part 2—Pre-commitment Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014 S.R. No. 172/2014 5 Authorised by the Chief Parliamentary Counsel 7 Interactive display screens on gaming machines (1) For the purposes of section 3.8A.10(1) and (2) of the Act— (a) subject to subregulation (2), the prescribed quantity of interactive display screens is one interactive display screen for each gaming machine that is installed in the approved venue or casino (as the case requires); and (b) the prescribed location of each interactive display screen referred to in paragraph (a) is a location that— (i) makes the interactive display screen clearly visible to, and easily accessible by, a person sitting at or standing in front of the gaming machine and looking at the video screen; and (ii) is on the front, top or side panel of the machine cabinet of the gaming machine; and (iii) if the gaming machine has a top box, is below the top box. Note For an illustration of gaming machines with and without top boxes, and the location of a gaming machine's video screen, see Schedule 1 to the Gambling Regulation Regulations 2005. (2) Subregulation (1) does not apply to a gaming machine if— (a) the gaming machine and its video screen are programmed so that— (i) part of the video screen accepts input from, and shows electronic pre-commitment information to, the player of the gaming machine; and r. 7 -- 7 of 34 -- Part 2—Pre-commitment Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014 S.R. No. 172/2014 6 Authorised by the Chief Parliamentary Counsel (ii) in the case of a gaming machine installed in an approved venue or casino in which a loyalty scheme is provided, no part of the video screen can display electronic loyalty information at the same time that the part referred to in subparagraph (i) is displaying electronic pre-commitment information; and (b) there is no other interactive display installed on the gaming machine as referred to in subregulation (1)(b). (3) For the purposes of section 3.8A.9(1)(a) and (2)(a) of the Act, it is a requirement that an interactive display screen accepts input from the player of the gaming machine on which the screen is installed, and displays information to that player, for the purposes of— (a) the pre-commitment system; and (b) in the case of a gaming machine installed in an approved venue or casino in which a loyalty scheme is provided, a loyalty scheme. 8 Kiosks (1) For the purposes of section 3.8A.9(1)(a) and (2)(a) of the Act, a kiosk— (a) must not enable a person to participate in gambling; and (b) must enable a person to access a website provided by the monitoring licensee for the purposes of pre-commitment; and (c) must enable a person who holds a player card to— (i) set a time limit or net loss limit under the pre-commitment system; and r. 8 -- 8 of 34 -- Part 2—Pre-commitment Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014 S.R. No. 172/2014 7 Authorised by the Chief Parliamentary Counsel (ii) change a time limit or net loss limit set under the pre-commitment system; and (iii) set or reset a password or personal identification number that is used by the pre-commitment system in relation to the person's playing of gaming machines; and (iv) view a statement of the information about the playing of gaming machines that has been recorded by the pre-commitment system in respect of a player card held by the person. (2) For the purposes of section 3.8A.10(1) of the Act— (a) the prescribed quantity of kiosks is one; and (b) the prescribed location of the kiosk is a location— (i) that is inside the approved venue; and (ii) that is outside the gaming machine area of the approved venue; and (iii) that makes the kiosk readily accessible to any person in the approved venue. (3) For the purposes of section 3.8A.10(2) of the Act— (a) the prescribed quantity of kiosks is one; and (b) the prescribed location of the kiosk is a location— (i) that is inside the casino; and (ii) that makes the kiosk readily accessible to any person in the casino. r. 8 -- 9 of 34 -- Part 2—Pre-commitment Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014 S.R. No. 172/2014 8 Authorised by the Chief Parliamentary Counsel 9 Card encoders, card readers and keypads For the purposes of section 3.8A.10(1) and (2) of the Act— (a) the prescribed quantity of card encoders, card readers and keypads that a venue operator or casino operator must ensure is installed in the approved venue or casino (as the case requires) is one of each of those items; and (b) the prescribed location of card encoders, card readers and keypads that a venue operator or casino operator must ensure is installed in the approved venue or casino (as the case requires) is at a player service point. 10 Player service points (1) A venue operator or casino operator must set aside a place in the approved venue or casino (as the case requires) for the purposes of providing assistance to the users of the pre-commitment system. (2) At all times when gaming machines are available for gaming in an approved venue or casino, the venue operator or casino operator (as the case requires) must ensure that an employee of the venue operator or casino operator is available to assist a person at a player service point to do any of the things referred to in regulation 17. Division 3—Player accounts and player cards 11 Registered player accounts (1) The monitoring licensee, on request, may establish an account for a person for the purposes of the pre-commitment system. r. 9 -- 10 of 34 -- Part 2—Pre-commitment Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014 S.R. No. 172/2014 9 Authorised by the Chief Parliamentary Counsel (2) A registered player account must contain the following information about the person for whom the account is established— (a) the person's name; (b) an address for the person, if the person provides one; (c) an email address for the person, if the person provides one; (d) the unique identification number in relation to the person's use of the pre-commitment system; (e) information about the playing of gaming machines that is recorded by the pre-commitment system in respect of a registered player card held by the person; (f) information about the person's use of the pre-commitment system including— (i) a time limit or net loss limit set; and (ii) a time limit or net loss limit changed; and (iii) a password or personal identification number set or reset by the person. 12 Registered player cards (1) A venue operator or casino operator must, on request, issue a registered player card to a person for whom a registered player account is established. (2) Before issuing a registered player card, the venue operator or casino operator may require the person to satisfy the venue operator or casino operator that the person is the person for whom the registered player account is established. r. 12 -- 11 of 34 -- Part 2—Pre-commitment Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014 S.R. No. 172/2014 10 Authorised by the Chief Parliamentary Counsel (3) For the purposes of section 3.8A.11(1)(a) and (2)(a) of the Act, a registered player card issued under subregulation (1) must have recorded on it the unique identification number in respect of the person to whom the card is issued. (4) A venue operator or casino operator must not charge a fee for issuing or re-issuing a registered player card. 13 Casual player cards (1) At all times when gaming machines are available for gaming in an approved venue, the venue operator must ensure that— (a) at least 20 casual player cards are made available for players to collect from each player service point in the approved venue; and (b) at least 20 casual player cards are made available for players to collect from the cashier area in the approved venue; and (c) the number of casual player cards specified by the Commission are made available for players to collect from other places specified by the Commission in the approved venue; and (d) the total number of casual player cards available in the approved venue is equal to or greater than the number of gaming machines in the gaming machine area of the approved venue; and (e) the cards are easily visible and readily accessible to players; and (f) any information required by the Minister to accompany or be displayed with the cards accompanies or is displayed with them. r. 13 -- 12 of 34 -- Part 2—Pre-commitment Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014 S.R. No. 172/2014 11 Authorised by the Chief Parliamentary Counsel (2) At all times when gaming machines are available for gaming in a casino, the casino operator must ensure that— (a) at least 100 casual player cards are made available for players to collect from each player service point in the casino; and (b) at least 100 casual player cards are made available for players to collect from the cashier area in the casino; and (c) the number of casual player cards specified by the Commission are made available for players to collect from other places specified by the Commission in the casino; and (d) the total number of casual player cards available is equal to or greater than the number of gaming machines in the casino; and (e) the cards are easily visible and readily accessible to players; and (f) any information required by the Minister to accompany or be displayed with the cards accompanies, or is displayed with, them. (3) A venue operator or casino operator must not charge a fee for making available a casual player card. Division 4—Information requirements 14 Pre-commitment information brochures (1) At all times when gaming machines are available for gaming in an approved venue or casino, the venue operator or casino operator (as the case requires) must ensure that pre-commitment information brochures are available at— r. 14 -- 13 of 34 -- Part 2—Pre-commitment Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014 S.R. No. 172/2014 12 Authorised by the Chief Parliamentary Counsel (a) each cashier area in the approved venue or casino; and (b) each player service point in the approved venue or casino; and (c) any other place in the approved venue or casino at which casual player cards are made available for players to collect. Penalty: 20 penalty units. (2) At all times when gaming machines are available for gaming in an approved venue or casino, the venue operator or casino operator (as the case requires) must ensure that the total number of pre-commitment information brochures available under subregulation (1) is equal to or greater than the number of gaming machines in the approved venue or casino (as the case requires). Penalty: 20 penalty units. (3) Nothing in this regulation prevents the provision or display of brochures containing information in languages other than English. 15 Commission to provide pre-commitment information brochures to venue operators and casino operators (1) The Commission must provide to each venue operator pre-commitment information brochures in sufficient numbers to enable the venue operator to comply with regulation 14. (2) The Commission must provide a pre-commitment information brochure to each casino operator in a form allowing the brochure to be copied. r. 15 -- 14 of 34 -- Part 2—Pre-commitment Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014 S.R. No. 172/2014 13 Authorised by the Chief Parliamentary Counsel 16 Change in pre-commitment information brochures (1) This regulation applies if, under regulation 4(2), the Minister approves a change in the form of, or in the information to be contained in, a pre-commitment information brochure. (2) The Commission must— (a) within 14 days after the approval of the change— (i) notify each venue operator and casino operator of the change; and (ii) provide a copy of the new brochure to the casino operator in a form allowing it to be copied; and (b) within 3 months after the approval of the change, provide to each venue operator copies of the new brochure in sufficient numbers to enable the venue operator to comply with regulation 14. (3) It is sufficient compliance with regulation 14 for a period of 4 months immediately following the approval of the change, for a venue operator or casino operator to make available a brochure that was a pre-commitment information brochure immediately before the approval of the change. Division 5—Other requirements 17 Provision of assistance A venue operator or casino operator must, on request, assist a person who is in the approved venue or casino (as the case requires) to do any of the following things— (a) obtain a casual player card; r. 16 -- 15 of 34 -- Part 2—Pre-commitment Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014 S.R. No. 172/2014 14 Authorised by the Chief Parliamentary Counsel (b) obtain a registered player card (and have recorded in the pre-commitment system any information that is relevant for that purpose); (c) use a kiosk for the purposes of the pre-commitment system; (d) set a time limit or net loss limit under the pre-commitment system; (e) change a time limit or net loss limit set under the pre-commitment system; (f) set or reset a password or personal identification number that is used by the pre-commitment system in relation to the person's playing of gaming machines; (g) use the player account equipment installed on or in a gaming machine; (h) view a statement of the information about the playing of gaming machines that has been recorded by the pre-commitment system in respect of a player card held by the person; (i) otherwise use the pre-commitment system. Penalty: 20 penalty units. 18 Discouraging or drawing attention to the use of pre-commitment and encouraging limit changing (1) A venue operator or casino operator must not discourage, hinder or obstruct a person from doing any of the following things— (a) obtaining a casual player card; (b) obtaining a registered player card (and having recorded in the pre-commitment system any information that is relevant for that purpose); (c) using the pre-commitment system; r. 18 -- 16 of 34 -- Part 2—Pre-commitment Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014 S.R. No. 172/2014 15 Authorised by the Chief Parliamentary Counsel (d) seeking assistance to use the pre-commitment system; (e) setting a time limit or net loss limit under the pre-commitment system; (f) changing a time limit or net loss limit set under the pre-commitment system; (g) setting or resetting a password or personal identification number that is used by the pre-commitment system in relation to the person's playing of gaming machines; (h) viewing a statement of the information about the playing of gaming machines that has been recorded by the pre-commitment system in respect of a player card held by the person; (i) using the player account equipment installed on or in a gaming machine; (j) otherwise using the pre-commitment system. Penalty: 20 penalty units. (2) A venue operator or casino operator must not encourage or induce a person to increase a time limit or net loss limit that the person has set under the pre-commitment system. Penalty: 20 penalty units. (3) A venue operator or casino operator must not give preference to, or treat more favourably, persons using casual player cards over persons using registered player cards. Penalty: 20 penalty units. (4) A venue operator or casino operator must not encourage or induce a person to obtain a casual player card rather than a registered player card. Penalty: 20 penalty units. r. 18 -- 17 of 34 -- Part 2—Pre-commitment Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014 S.R. No. 172/2014 16 Authorised by the Chief Parliamentary Counsel (5) A venue operator or casino operator must not draw attention to a person because that person is using or has used the pre-commitment system. Penalty: 20 penalty units. (6) A venue operator or casino operator must not require a person to participate in a loyalty scheme in order to use or access the pre-commitment system. Penalty: 20 penalty units. __________________ r. 18 -- 18 of 34 -- Part 3—Loyalty Schemes Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014 S.R. No. 172/2014 17 Authorised by the Chief Parliamentary Counsel PART 3—LOYALTY SCHEMES Division 1—Requirements relating to pre-commitment 19 Application of Division This Division applies if the Minister directs the monitoring licensee, under section 3.8A.2 of the Act, to provide a pre-commitment system. 20 Accumulation of gaming points once limit has been reached (1) A loyalty scheme provider who is not a venue operator or casino operator must not knowingly allow a participant in the loyalty scheme to accumulate gaming points once a time limit or net loss limit set by that person under the pre-commitment system has been reached. Penalty: 20 penalty units. (2) A venue operator or casino operator must not allow a person to participate in a loyalty scheme if the loyalty scheme allows a participant to accumulate gaming points once a time limit or net loss limit set by that person under the pre-commitment system has been reached. Penalty: 20 penalty units. 21 Electronic pre-commitment information has priority For the purposes of section 3.8A.9(1)(a) and (2)(a) of the Act, an interactive display screen that is installed on a gaming machine in an approved venue or casino in which a loyalty scheme is provided— (a) must prioritise the display of electronic pre-commitment information ahead of the display of electronic loyalty information; and r. 19 -- 19 of 34 -- Part 3—Loyalty Schemes Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014 S.R. No. 172/2014 18 Authorised by the Chief Parliamentary Counsel (b) must not display any electronic loyalty information at the same time as electronic pre-commitment information. Note Section 3.5.36D(2)(c)(ii) of the Act requires an interactive display screen used for a loyalty scheme to also be used for the purposes of the pre-commitment system. 22 Requirement to provide equal access (1) For the purposes of section 3.8A.9(1)(a) and (2)(a) of the Act, a kiosk that is installed in an approved venue or casino in which a loyalty scheme is provided— (a) must display, when not in use, a screen that satisfies the requirements of subregulation (2); and (b) must not be programmed or configured so that it can only be used by participants in the loyalty scheme. Note Section 3.5.36D(2)(c)(iii) of the Act requires a kiosk that is used for a loyalty scheme to be used also for the purposes of the pre-commitment system. (2) A screen satisfies the requirements of this subregulation if— (a) it enables the user of the kiosk to access a website provided by the monitoring licensee for the purposes of pre-commitment; and (b) the information displayed on it in relation to the loyalty scheme is no more prominent in size than the information displayed on it in relation to the pre-commitment system. (3) For the purposes of section 3.8A.9(1)(a) and (2)(a) of the Act, player account equipment that is installed in an approved venue or casino in which a loyalty scheme is provided must not be located, r. 22 -- 20 of 34 -- Part 3—Loyalty Schemes Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014 S.R. No. 172/2014 19 Authorised by the Chief Parliamentary Counsel programmed, configured or installed in a location or manner that results in participants in the loyalty scheme being able to access that equipment— (a) to the exclusion of persons who are not participants in the loyalty scheme; or (b) more quickly or more easily than the equipment is able to be accessed by persons who are not participants in the loyalty scheme. 23 Discouraging or drawing attention to the use of pre-commitment and encouraging limit changing (1) A loyalty scheme provider must not discourage, hinder or obstruct, or conduct a loyalty scheme in a manner that discourages, hinders or obstructs, a person from doing any of the following things— (a) obtaining a casual player card; (b) obtaining a registered player card (and having recorded in the pre-commitment system any information that is relevant for that purpose); (c) using the pre-commitment system; (d) seeking assistance to use the pre-commitment system; (e) setting a time limit or net loss limit under the pre-commitment system; (f) changing a time limit or net loss limit set under the pre-commitment system; (g) setting or resetting a password or personal identification number that is used by the pre-commitment system in relation to the person's playing of gaming machines; (h) viewing a statement of the information about the playing of gaming machines that has been recorded by the pre-commitment r. 23 -- 21 of 34 -- Part 3—Loyalty Schemes Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014 S.R. No. 172/2014 20 Authorised by the Chief Parliamentary Counsel system in respect of a player card held by the person; (i) using the player account equipment installed on or in a gaming machine; (j) otherwise using the pre-commitment system. Penalty: 20 penalty units. (2) A loyalty scheme provider must not encourage or induce a person to increase a time limit or net loss limit that the person has set under the pre-commitment system. Penalty: 20 penalty units. (3) A loyalty scheme provider must not give preference to, or treat more favourably, persons using casual player cards over persons using registered player cards. Penalty: 20 penalty units. (4) This regulation does not apply to a loyalty scheme provider who is a venue operator or casino operator. Note Similar requirements to this regulation are imposed on a venue operator or casino operator by regulation 18. Division 2—Loyalty points 24 Accumulation of loyalty points for activities other than playing gaming machines (1) A loyalty scheme provider who is not a venue operator or casino operator must not allow a person to participate in a loyalty scheme unless the scheme provides for the accumulation of both gaming points and non-gaming points in any approved venue or casino in which the loyalty scheme is provided. Penalty: 20 penalty units. r. 24 -- 22 of 34 -- Part 3—Loyalty Schemes Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014 S.R. No. 172/2014 21 Authorised by the Chief Parliamentary Counsel (2) A venue operator or casino operator must not allow a person to participate in a loyalty scheme unless the loyalty scheme provides for the accumulation of both gaming points and non- gaming points in the approved venue or casino. Penalty: 20 penalty units. 25 Award of gaming points must not exceed award of non-gaming points (1) A loyalty scheme provider who is not a venue operator or casino operator must not allow a person to participate in a loyalty scheme that awards more gaming points to a person than it would award non-gaming points to the person if the person spent the same amount on the purchase of goods or services not related to the playing of gaming machines as the amount bet by the person on gaming machines. Penalty: 20 penalty units. (2) A venue operator or casino operator must not allow a person to participate in a loyalty scheme that awards more gaming points to a person than it would award non-gaming points to the person if the person spent the same amount on the purchase of goods or services not related to the playing of gaming machines as the amount bet by the person on gaming machines. Penalty: 20 penalty units. 26 Loyalty points must not be redeemed for gaming machine credits or gaming tokens (1) A loyalty scheme provider who is not a venue operator or casino operator must not allow a person to participate in a loyalty scheme that enables loyalty points to be redeemed for— (a) gaming machine credits; or r. 25 -- 23 of 34 -- Part 3—Loyalty Schemes Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014 S.R. No. 172/2014 22 Authorised by the Chief Parliamentary Counsel (b) gaming tokens; or (c) any thing that can be exchanged for gaming machine credits or gaming tokens; or (d) any other thing that can used to play a gaming machine. Penalty: 20 penalty units. (2) A venue operator must not allow a person to participate in a loyalty scheme if that loyalty scheme enables loyalty points to be redeemed for— (a) gaming machine credits; or (b) gaming tokens; or (c) any thing that can be exchanged for gaming machine credits or gaming tokens; or (d) any other thing that can used to play a gaming machine. Penalty: 20 penalty units. 27 Gaming points must not be redeemed for rewards of greater value than rewards for the redemption of non-gaming points (1) A loyalty scheme provider who is not a venue operator or casino operator must not allow a person to participate in a loyalty scheme that redeems gaming points for a bonus, benefit or thing of greater monetary value than would be awarded for redemption of the same amount of non-gaming points. Penalty: 20 penalty units. r. 27 -- 24 of 34 -- Part 3—Loyalty Schemes Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014 S.R. No. 172/2014 23 Authorised by the Chief Parliamentary Counsel (2) A venue operator or casino operator must not allow a person to participate in a loyalty scheme that redeems gaming points for a bonus, benefit or thing of greater monetary value than would be awarded for redemption of the same amount of non-gaming points. Penalty: 20 penalty units. Division 3—Information requirements 28 Information required before issuing loyalty player cards (1) This regulation applies if the Minister directs the monitoring licensee, under section 3.8A.2 of the Act, to provide a pre-commitment system. (2) A venue operator or a casino operator must, before issuing a loyalty player card to a loyalty scheme participant, inform the loyalty scheme participant that the loyalty player card can be linked to a registered player account or can be used as a casual player card. Penalty: 20 penalty units. (3) A venue operator or a casino operator must, before issuing a loyalty player card to a loyalty scheme participant, inform the loyalty scheme participant that the loyalty player card can be used to set a time limit or net loss limit or track their gaming machine play under the pre-commitment system. Penalty: 20 penalty units. r. 28 -- 25 of 34 -- Part 3—Loyalty Schemes Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014 S.R. No. 172/2014 24 Authorised by the Chief Parliamentary Counsel (4) A venue operator or a casino operator must, before issuing a loyalty player card to a loyalty scheme participant, ask the loyalty scheme participant whether they wish to use the loyalty player card to set a time limit or net loss limit or track their gaming machine play under the pre-commitment system. Penalty: 20 penalty units. (5) A loyalty scheme provider must not encourage or induce a person to obtain a casual player card rather than a registered player card. Penalty: 20 penalty units. (6) A loyalty scheme provider must not draw attention to a person because that person is using or has used the pre-commitment system. Penalty: 20 penalty units. (7) A loyalty scheme provider must not require a person to participate in a loyalty scheme in order to use or access the pre-commitment system. Penalty: 20 penalty units. (8) Subregulations (5), (6) and (7) do not apply to a loyalty scheme provider who is a venue operator or casino operator. Note Similar requirements to subregulations (5), (6) and (7) are imposed on a venue operator or casino operator by regulation 18. 29 Information to be given to loyalty scheme participants For the purposes of section 3.5.36A(1) of the Act, the prescribed information is— (a) the information contained in the part of the player information standards that applies to brochures; and r. 29 -- 26 of 34 -- Part 3—Loyalty Schemes Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014 S.R. No. 172/2014 25 Authorised by the Chief Parliamentary Counsel (b) a statement to the effect that, under section 3.5.41(1) of the Act, a person who is or was a participant in a loyalty scheme may have access to any information held by the loyalty scheme provider relating to the person's participation in the scheme and that a fee not exceeding $20 may be charged for the provision of access to the information. 30 Information to be contained in player activity statement (1) For the purposes of section 3.5.37(1) of the Act, the prescribed information is— (a) the name of the participant; and (b) the number or other identifier of the player loyalty card or account assigned to the participant by the loyalty scheme provider; and (c) the statement period; and (d) in respect of all times during the statement period when the participant used his or her player loyalty card or account in the manner instructed by the loyalty scheme provider while playing a gaming machine— (i) the total number of hours and minutes the participant played gaming machines; and (ii) the total number of days, being any period of 24 hours set by the loyalty scheme provider, on which the participant played gaming machines; and (iii) the net amount won or lost during the statement period by the participant on gaming machines expressed in r. 30 -- 27 of 34 -- Part 3—Loyalty Schemes Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014 S.R. No. 172/2014 26 Authorised by the Chief Parliamentary Counsel accordance with subregulation (3) or (4) (as the case requires); and (e) the information specified in paragraph (d) in respect of each calendar month during the statement period; and (f) a statement to the effect that a participant may cease participating in the loyalty scheme by notifying the loyalty scheme provider; and (g) a statement to the effect that the player activity statement only contains information relating to occasions where the participant used his or her loyalty player card or account in the manner instructed by the loyalty scheme provider while playing gaming machines; and (h) the starting time of the period of 24 hours set by the loyalty scheme provider as a day; and (i) if a loyalty scheme does not record jackpots won from playing gaming machines that are part of a linked jackpot arrangement, a statement to the effect that the player activity statement does not include information about any jackpots won from playing a gaming machine that is part of a linked jackpot arrangement; and (j) the statement "Excessive gambling can hurt you and those you care about, financially and emotionally. But there are many ways to get help for those troubled by their gambling. Free, confidential support is available at www.gamblershelp.com.au or call Gambler’s Help on 1800 858 858"; and r. 30 -- 28 of 34 -- Part 3—Loyalty Schemes Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014 S.R. No. 172/2014 27 Authorised by the Chief Parliamentary Counsel (k) a statement to the effect that the player activity statement is a summary of player activity, and that full details of the transactions are available on request, and that a fee not exceeding $20 may be charged for the provision of access to the information; and (l) if a loyalty scheme provider's system records the amount won or lost by a participant for each session of playing a gaming machine only in dollar amounts, a statement to the effect that the net amount recorded as won or lost by the participant is the sum of the amounts won or lost, calculated to the nearest dollar, in each session of playing a gaming machine and that the accuracy of this amount is dependent on the participant using the loyalty player card or account in the manner instructed by the loyalty scheme provider; and (m) a statement to the effect that the player can set a time limit or net loss limit or track their gaming machine play using the pre-commitment system. (2) The statement referred to in subregulation (1)(j) must be printed in bold or in a font that is at least two points larger than the font used elsewhere in the player activity statement. (3) The net amount won or lost by a participant is to be expressed in dollars and cents, except as provided by subregulation (4). r. 30 -- 29 of 34 -- Part 3—Loyalty Schemes Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014 S.R. No. 172/2014 28 Authorised by the Chief Parliamentary Counsel (4) If a loyalty scheme provider's system does not record cents, the net amount won or lost must be expressed in dollars, being the sum of the amounts won or lost in each relevant session of playing a gaming machine, with each of those amounts being calculated to the nearest dollar. Examples Example 1 The following is an example of a player activity statement where— (a) the loyalty scheme records jackpots won from playing gaming machines that are part of a linked jackpot arrangement; and (b) the loyalty scheme provider's system records amounts in dollars and cents. Player Activity Statement for Ms J Smith Statement Period: 01/03/16 to 30/09/16 Card or Membership Number: 123 456 78 Net Amount Won or Lost: -$170.00 No. of Days: 15 Total time spent playing gaming machines: 22 hours and 53 minutes Time spent playing gaming machines and amount won or lost each month Month No. of Days Duration $Net Amount Won or Lost March 4 6h 35m -50.10 April 0 0h 0m 0.00 May 2 3h 32m -15.00 June 2 2h 21m -33.20 July 2 3h 13m -55.00 August 3 5h 11m -14.00 September 2 2h 1m -2.70 r. 30 -- 30 of 34 -- Part 3—Loyalty Schemes Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014 S.R. No. 172/2014 29 Authorised by the Chief Parliamentary Counsel Notes 1 In this statement, a day starts at 4.00 a.m. 2 This activity statement only contains information relating to occasions where you used your loyalty player card or account in the manner instructed by the loyalty scheme provider while playing gaming machines. 3 This statement is a summary of your gaming activity for the period shown. Full details may be obtained by contacting the loyalty scheme provider as described in this statement. A fee not exceeding $20 may apply for provision of the detailed information. 4 You may set a time limit or net loss limit or track your gaming machine play using the pre-commitment system. 5 You may cease participating in this loyalty scheme by contacting the loyalty scheme provider. You can contact the loyalty scheme provider— * at the gaming venue. Excessive gambling can hurt you and those you care about, financially and emotionally. But there are many ways to get help for those troubled by their gambling. Free, confidential support is available at www.gamblershelp.com.au or call Gambler's Help on 1800 858 858. Example 2 The following is an example of a player activity statement where— (a) the loyalty scheme does not record jackpots won from playing gaming machines that are part of a linked jackpot arrangement; and (b) the loyalty scheme provider's system records amounts in dollars only. Player Activity Statement for Ms J Smith Statement Period: 01/03/16 to 30/09/16 Card or Membership Number: 123 456 78 r. 30 -- 31 of 34 -- Part 3—Loyalty Schemes Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014 S.R. No. 172/2014 30 Authorised by the Chief Parliamentary Counsel Net Amount Won or Lost: -$170.00 No. of Days: 15 Total time spent playing gaming machines: 22 hours and 53 minutes Time spent playing gaming machines and amount won or lost each month Month No. of Days Duration $Net Amount Won or Lost March 4 6h 35m -51 April 0 0h 0m 0 May 2 3h 32m -15 June 2 2h 21m -33 July 2 3h 13m -55 August 3 5h 11m -14 September 2 2h 1m -2 Notes 1 In this statement, a day starts at 4.00 a.m. 2 This activity statement only contains information relating to occasions where you used your loyalty player card or account in the manner instructed by the loyalty scheme provider while playing gaming machines. 3 This statement does not include information about any jackpots won from playing a gaming machine that is part of a linked jackpot arrangement. 4 The net amount recorded as won or lost by you is the sum of the amounts won or lost, calculated to the nearest dollar, in each session of playing a gaming machine and the accuracy of this amount is dependant on you using the player loyalty card or account in the manner instructed by the loyalty scheme provider. 5 This statement is a summary of your gaming activity for the period shown. Full details may be obtained by contacting the loyalty scheme provider as described in this statement. A fee not exceeding $20 may apply for provision of the detailed information. r. 30 -- 32 of 34 -- Part 3—Loyalty Schemes Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014 S.R. No. 172/2014 31 Authorised by the Chief Parliamentary Counsel 6 You may set a time limit or net loss limit or track your gaming machine play using the pre-commitment system. 7 You may cease participating in this loyalty scheme by contacting the loyalty scheme provider. You can contact the loyalty scheme provider— * at the gaming venue. Excessive gambling can hurt you and those you care about, financially and emotionally. But there are many ways to get help for those troubled by their gambling. Free, confidential support is available at www.gamblershelp.com.au or call Gambler's Help on 1800 858 858. ═══════════════ r. 30 -- 33 of 34 -- Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014 S.R. No. 172/2014 32 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg 6(b)(i): S.R. No. 61/2005 as amended by S.R. Nos 100/2007, 108/2009, 141/2009, 167/2009, 121/2011, 80/2012 and 93/2014. —— Penalty Units These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit. The value of a penalty unit for the financial year commencing 1 July 2014 is $147.61. The amount of the calculated penalty may be rounded to the nearest dollar. The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. —— Table of Applied, Adopted or Incorporated Matter The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014. Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 4(1) (definition of player information standards), regulation 29(1)(a) Standards for printed information for players of gaming machines published by the Minister on the Commission's website from time to time The part of the standards that applies to brochures Endnotes -- 34 of 34 --