Gambling Regulation Regulations 2005
i
Gambling Regulation Regulations 2005
S.R. No. 61/2005
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY 1
1. Objective 1
2. Authorising provision 2
3. Commencement 2
4. Revocation 2
5. Definitions 2
PART 2—GENERAL PROHIBITION ON GAMBLING 9
6. Standards and conditions for devices and games at amusement
centres, fetes, carnivals etc. 9
PART 3—GAMING MACHINES 11
Division 1—Display of Time of Day 11
7. Gaming machines to display time of day 11
8. Venue operator to notify gaming operator about time displays 13
9. Gaming operator not to allow gaming on gaming machine
without time display 14
10. Casino operator not to allow gaming on gaming machine
without time display 14
Division 2—Lighting and External Views 14
11. Measuring illuminance 14
12. Lighting in gaming machine area of approved venues 15
13. Lighting in areas of casino 15
14. Windows not to be removed or obscured—approved venues 15
15. Windows not to be removed or obscured—casino 16
Division 3—Printed Information 17
16. Posters 17
17. Talkers 18
18. Brochures 19
19. Commission to provide information to gaming operators and
casino operator 20
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20. Gaming operator to provide sufficient copies of player
information 20
21. Change in Minister's specifications 21
Division 4—Electronic Information 22
22. What is electronic game information? 22
23. Gaming machines must generate and display electronic game
information 23
24. What is electronic player information? 23
25. Gaming machines must generate and display electronic player
information 25
26. Venue operator to notify gaming operator if electronic
information fails 26
27. Gaming operator not to allow gaming on gaming machine
without electronic information display 27
28. Casino operator not to allow gaming on gaming machine
without electronic information display 27
Division 5—Jackpot Information 27
29. What is jackpot information? 27
30. Provision of jackpot information 28
31. Jackpot information talkers 28
Division 6—Electronic Jackpot Information 30
32. Application of Division 30
33. Electronic jackpot information 30
34. Venue operator to notify gaming operator if electronic jackpot
information fails 30
35. Gaming operator not to allow gaming on gaming machine
without electronic jackpot information display 31
36. Casino operator not to allow gaming on gaming machine
without electronic jackpot information display 31
Division 7—Loyalty Schemes 32
37. Information to be contained in written statement 32
38. Information to be contained in player activity statement 33
Division 8—Miscellaneous 39
39. Method of determination of net cash balance 39
40. Notification of determination 40
41. Application for venue operator's licence—publication of notice 40
42. Application for listing on the Roll—publication of notice 41
43. Restricted components 41
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PART 4—CONDUCT OF WAGERING 43
44. Definition 43
45. Display of betting rules 43
46. Management and control of betting offices 43
47. Numbering and bracketing of selections 43
48. Provision and display of information 44
49. Determination and display of dividends or prizes 44
50. Protests 45
51. Financial statements 45
52. Payments into pools 45
53. Particulars on ticket 46
54. Significant events 46
55. Termination of acceptance of bets 48
PART 5—TRADE PROMOTION LOTTERIES 49
56. Conditions of a permit to conduct a trade promotion lottery 49
57. Records in relation to trade promotion lotteries 52
58. Trade promotion lottery with prize value of $5000 or less 52
PART 6—CLUB KENO 55
59. Definition of club keno game 55
60. Conduct of club keno games 55
61. Hours for ticket sales and payment of prizes 56
62. Prohibition on minors buying tickets—notice 56
63. Reporting on club keno games 56
PART 7—COMMUNITY AND CHARITABLE
ORGANISATIONS 58
Division 1—Sporting or recreational clubs or associations 58
64. Sporting or recreational club or association 58
Division 2—Bingo Permits 59
65. Conditions of bingo permit and rules of bingo 59
66. Return in respect of bingo permit 59
67. Sessions, premises etc. 62
68. Banking 63
69. Unsold tickets 63
70. Prizes 64
Division 3—Bingo Centres and Employees 65
71. Information to be published in application for bingo centre
operator's licence 65
72. Conditions of bingo centre operator's licence 65
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Division 4—Miscellaneous 65
73. Contract with bingo centre operator 65
74. Expenses payable by a bingo permit holder 66
75. Standards for bingo tickets 66
76. Standards for random number generators 67
77. Information in records 67
78. Running sheets 68
Division 5—Lucky Envelopes 69
79. Conditions of lucky envelope permit 69
80. Standards for lucky envelopes 71
81. Records 74
Division 6—Raffles 74
82. Conditions of raffle permits 74
83. Conditions for raffles where raffle permit not required 77
84. Records 81
85. Disposal of unclaimed prizes in a raffle 81
PART 8—DUTIES OF GAMING INDUSTRY EMPLOYEES 83
86. Duties of a gaming industry employee working for a venue
operator or a gaming operator 83
87. Functions of a gaming industry employee in a bingo centre 84
88. Other duties of a gaming industry employee 85
PART 9—FEES 86
Division 1—Gaming Machines 86
89. Application for approval of premises 86
90. Application for venue operator's licence 86
91. Application for renewal of venue operator's licence 86
92. Application for amendment of venue operator's licence 86
93. Application for listing on Roll 87
94. Evaluation of a gaming machine type or game 87
Division 2—Community and Charitable Gaming 87
95. Minor gaming permit 87
96. Amendment of conditions of minor gaming permit 88
97. Bingo centre operators 88
Division 3—Miscellaneous Gaming 88
98. Calcutta Sweepstakes 88
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Division 4—Trade Promotion Lotteries 88
99. Application for permit to conduct trade promotion lottery 88
100. Amendment of conditions of permit 88
Division 5—Interactive Gaming 89
101. Interactive gaming licence 89
102. Endorsement of interactive gaming licence 89
Division 6—Gaming Industry Employees 89
103. Application for gaming industry employee's licence 89
104. Application for replacement identification 89
105. Application for renewal of gaming industry employee's licence 89
106. Application for a gaming industry employee's licence by a
casino special employee licensed under the Casino Control
Act 1991 89
PART 10—MISCELLANEOUS 90
107. Disclosure of protected information 90
108. Performance of Commission's functions 90
__________________
SCHEDULES 91
SCHEDULE 1 91
SCHEDULE 2—Lighting Requirements 93
SCHEDULE 3 94
SCHEDULE 4—The Rules of Bingo 95
SCHEDULE 5—Authorities and Persons to whom Protected
Information may be Disclosed—Section 10.1.34 100
═══════════════
ENDNOTES 101
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1
STATUTORY RULES 2005
S.R. No. 61/2005
Gambling Regulation Act 2003
Gambling Regulation Regulations 2005
The Governor in Council makes the following Regulations:
Dated: 21 June 2005
Responsible Minister:
JOHN PANDAZOPOULOS
Minister for Gaming
RUTH LEACH
Acting Clerk of the Executive Council
PART 1—PRELIMINARY
1. Objective
The objective of these Regulations is to provide
for—
(a) matters relating to—
(i) gaming machines; and
(ii) wagering and betting; and
(iii) trade promotion lotteries; and
(iv) club keno; and
(v) community and charitable gaming; and
(b) fees; and
(c) other matters—
that are authorised or required to be prescribed by
the Gambling Regulation Act 2003.
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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 25 June
2005.
4. Revocation
The Gambling Regulation (Interim) Regulations
2004 1 are revoked.
5. Definitions
(1) In these Regulations—
"accredited representative" means a person who
is accredited by the participants under
section 6.2.6 of the Act;
"Act" means Gambling Regulation Act 2003;
"average horizontal illuminance", in relation to
an area, means the mean horizontal
illuminance averaged across a square grid of
points—
(a) 0·5 metres apart within a 2·0 metre
radius of any gaming machine in the
area; and
(b) 2·0 metres apart within any other part
of the area—
measured in the centre of each grid module;
"betting office" means any place at which the
holder of the wagering licence or the
wagering operator, if any, or an agent of the
holder of the wagering licence or of the
wagering operator accepts bets;
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"bingo permit" means a minor gaming permit
that authorises the holder to conduct a
session or sessions of bingo games as
specified in the permit;
"book-buyer's prize" means a prize for which a
person is eligible by reason of having
purchased a particular book of tickets;
"bracket" means the coupling of more than one
selection under the one list number;
"bracket number" means the number given to a
bracket by the holder of the wagering licence
or the wagering operator, if any;
"brochure" includes booklet, pamphlet and
leaflet;
"cashier area" means an area in an approved
venue or casino where a person may collect
or redeem gaming tokens from a cashier;
"cash outlet" means any place at which the
holder of the wagering licence or the
wagering operator, if any, or an agent of the
holder of the wagering licence or of the
wagering operator accepts bets in cash from
investors;
"controlling body" means the body or authority
controlling the conduct of an event;
"electronic game information" has the meaning
given in regulation 22;
"electronic player information" has the
meaning given in regulation 24;
"event" includes contingency;
"first prize", in respect of a raffle having more
than one prize, means the most valuable
prize offered in the raffle;
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"gaming equipment software" means the
software used in relation to gaming
equipment and includes game software;
"general area" means an area in a gaming
machine area of an approved venue or an
area in a casino where players can walk or sit
away from gaming machines;
"gross receipts", in respect of a bingo game, a
session of bingo games or a rolling jackpot
sequence, means the actual amount received
from the sale of tickets in the game, session
or sequence;
"horizontal illuminance" means illuminance
measured in a horizontal plane;
"illuminance" means the measure, expressed in
units of lux, of the quantity of light incident
on a point or a surface;
"jackpot information" has the meaning given in
regulation 29;
"linked jackpot arrangement"—
(a) in relation to gaming machines in an
approved venue, has the same meaning
as in section 3.1.2 of the Act;
(b) in relation to gaming machines in a
casino, has the same meaning as in the
Casino Control Act 1991;
"list number" means the number given to a
selection by the holder of the wagering
licence or the wagering operator, if any, and
includes bracket numbers;
"loyalty card session" means the period between
the time a participant commences using his
or her player loyalty card or account under
the loyalty scheme on a gaming machine and
the time when the loyalty scheme provider's
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system stops recording the participant's
activity on the gaming machine;
"lucky envelope permit" means a minor gaming
permit that authorises the holder to sell lucky
envelopes as specified in the permit;
"match", in relation to a club keno game, means
the numbers selected by the player which
match any of 20 numbers drawn in the club
keno game;
Example
A "Match 5" is the matching of 5 selected numbers
with 5 of the numbers drawn in a game of club keno.
"Minister's specifications" means the
specifications for printed information for
players of gaming machines as published by
the Minister on the Commission's website
from time to time;
"minor" means a person under the age of
18 years;
"minor gaming permit" means a permit issued
under Division 2 of Part 3 of Chapter 8 of
the Act;
"new game" means—
(a) a game approved under section 3.5.4 of
the Act; or
(b) a game approved on or after 1 January
2003 under section 69 of the Gaming
Machine Control Act 1991 that is
taken to be approved under section
3.5.4 of the Act by clause 3.10(2) of
Schedule 7 to the Act; or
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(c) a game to be played on a gaming
machine that is approved on or after
1 January 2003 under section 60 of the
Casino Control Act 1991 as in force
immediately before the commencement
of section 12.1.2 of the Act;
"notional value", in respect of a series of lucky
envelopes, means the lucky envelope price
multiplied by the number of lucky envelopes
in the series;
"punchboard" means a device which contains a
series of lucky envelopes and is designed so
that the lucky envelopes are dispensed by
being punched out of the device;
"raffle permit" means a minor gaming permit
that authorises the holder to conduct a raffle
as specified in the permit;
"responsible person" means the nominee within
the meaning of section 8.1.2 of the Act;
"rolling jackpot sequence" means the sessions
of bingo games in respect of which a rolling
jackpot operates;
"rules of racing" means the rules for the time
being in force of Racing Victoria within the
meaning of the Racing Act 1958, Harness
Racing Victoria or Greyhound Racing
Victoria (as the case may be);
"scratch and win card" means a ticket in a trade
promotion lottery in which the tickets which
entitle the holders to claim a prize have been
determined and announced before the
commencement of the trade promotion
lottery;
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"selection" means a person, team, animal, object,
event or contingency or a combination of
2 or more of those things nominated by the
holder of the wagering licence or the
wagering operator, if any, on which the
holder of the wagering licence or the
operator is willing to accept a bet;
"series", in relation to lucky envelopes, means all
the lucky envelopes in a particular lottery;
"session", in relation to the playing of a gaming
machine, means the period between the time
when a player instructs a gaming machine to
start generating electronic player information
and—
(a) the time when the player elects to
receive the information; or
(b) the end of any period of 60 seconds
during which no games are played on
the machine—
whichever occurs first;
"small raffle" means a raffle—
(a) for which the value of the prizes—
(i) in that raffle does not exceed
$500; and
(ii) in that and every other raffle
conducted for the benefit of the
same community or charitable
organisation on the same day or
within an 8 hour period together
does not exceed $1000; and
(b) for which the sale of the first ticket and
the drawing of the raffle occur on the
same day or within an 8 hour period;
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"spot", in respect of a club keno game, means the
player's selection of numbers (to a maximum
of 15 numbers) from the range 1 to 80
inclusive;
Example
A "Spot 5" is the selection of 5 numbers on the
chance that the 5 numbers selected will be amongst
the 20 numbers drawn in a game of club keno.
"statement period", in relation to a participant in
a loyalty scheme, means the period to which
a player activity statement relates;
"talker" means a sign containing words, symbols
or pictures that is designed to be affixed to a
gaming machine;
"ticket" includes a card, token or thing entitling
or purporting to entitle any person to any
interest in any dividend, prize, division or
distribution of any money by means of, or in
connection with, or as a result of, the
conduct of a totalisator or an approved
betting competition;
"vertical illuminance" means illuminance
measured in a vertical plane;
"working day" means a day other than a
Saturday, a Sunday or a public holiday or
public half-holiday appointed under the
Public Holidays Act 1993.
(2) In these Regulations, a reference to the value of a
prize (other than a monetary component of a
prize) in a trade promotion lottery or a raffle or in
respect of a lucky envelope is a reference to the
price at which a person might reasonably expect
to purchase that prize in the absence of a discount
or special incentive.
__________________
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PART 2—GENERAL PROHIBITION ON GAMBLING
6. Standards and conditions for devices and games at
amusement centres, fetes, carnivals etc.
For the purposes of section 2.2.8(a) of the Act, the
prescribed standards and conditions for devices or
games are—
(a) the device or game is not—
(i) a game approved under section 60 of
the Casino Control Act 1991; or
(ii) a gaming machine within the meaning
of the Act;
(b) the game or device is such that the prize or
prizes available to be won at a particular
attempt are clearly and unambiguously
identified to participants;
(c) if the device or game is a spinning wheel—
(i) the wheel is divided into approximately
equal divisions; and
(ii) the design of the wheel allows an
approximately equal and random
chance of the wheel finishing in or on a
particular division; and
(iii) the wheel is maintained in such a way
that it operates as designed; and
(iv) the number of tickets sold in each spin
is equal to the number of divisions of
the wheel;
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(d) if the device or game is not a spinning
wheel—
(i) there is no systemic bias to a particular
outcome in the rules or design; and
(ii) a prize winning outcome is achievable;
and
(iii) reasonable steps are taken to explain to
participants, in language likely to be
understood by them, the way in which
the game is played or the device
operates (including the extent to which
skill is relevant); and
(iv) the game is played in the manner
explained and the device (or any device
forming part of the game) is maintained
in such a way that it operates as
designed.
__________________
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PART 3—GAMING MACHINES
Division 1—Display of Time of Day
7. Gaming machines to display time of day
(1) The time of day must be displayed in accordance
with this regulation on each gaming machine
made available for gaming by a venue operator
(including a casino operator).
(2) The time of day must be displayed by a time
display—
(a) located between the left and right hand sides
of the front of the machine cabinet of the
gaming machine—
(i) not higher than—
(A) if there is a top box on the gaming
machine—5 centimetres above the
bottom of the top box; or
(B) if there is no top box—the top of
the machine cabinet; and
(ii) not lower than the bottom of the button
panel; or
(b) attached wholly or partially to the front or a
side panel of the machine cabinet of the
gaming machine—
(i) not higher than—
(A) if there is a top box on the gaming
machine—5 centimetres above the
bottom of the top box; or
(B) if there is no top box—the top of
the machine cabinet; and
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(ii) not lower than the bottom of the button
panel; and
(iii) within a horizontal distance of
10 centimetres from the left or right
hand side of the front of the machine
cabinet; or
(c) located on the video screen of the gaming
machine.
(3) The time of day displayed must be clearly visible
to a person playing a game on the gaming
machine.
(4) The time of day displayed must be to an accuracy
of within 5 minutes and must indicate whether the
hour is before or after noon.
(5) The time of day must be displayed continuously
while the machine is operating and available for
use for gaming.
(6) The time of day displayed must not obscure any
other information relevant to gaming on gaming
machines.
(7) Schedule 1 sets out—
(a) diagram 1 which illustrates a gaming
machine with a top box; and
(b) diagram 2 which illustrates a gaming
machine without a top box.
(8) The diagrams in Schedule 1—
(a) are not exhaustive; and
(b) may extend, but do not limit, the meaning of
sub-regulation (2).
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8. Venue operator to notify gaming operator about
time displays
(1) Immediately on becoming aware that a gaming
machine in an approved venue does not display
the time of day in accordance with regulation 7,
the venue operator must give written notice of that
fact to the gaming operator who supplied the
machine to the venue operator, together with—
(a) the identification number for the gaming
machine issued under section 3.5.8 of the
Act; and
(b) the date and time at which the venue
operator became aware that the time of day
was not displayed in accordance with
regulation 7; and
(c) details of how the time display fails to
comply with regulation 7.
Penalty: 20 penalty units.
(2) If—
(a) a venue operator gives a notice under sub-
regulation (1) in respect of a gaming
machine; and
(b) the gaming machine is subsequently able to
display the time of day in accordance with
regulation 7—
the venue operator must give written notice of that
fact to the gaming operator who supplied the
machine to the venue operator, together with
details of how the time display was made to
comply with regulation 7.
(3) This regulation does not apply to a venue operator
who is a casino operator.
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9. Gaming operator not to allow gaming on gaming
machine without time display
A gaming operator must not permit a gaming
machine of that operator to be played if the
gaming operator knows, or could reasonably be
expected to know, that the gaming machine does
not display the time of day in accordance with
regulation 7.
Penalty: 20 penalty units.
10. Casino operator not to allow gaming on gaming
machine without time display
A casino operator must not permit a gaming
machine provided by or on behalf of the casino
operator in a casino to be played if the casino
operator knows, or could reasonably be expected
to know, that the gaming machine does not
display the time of day in accordance with
regulation 7.
Penalty: 20 penalty units.
Division 2—Lighting and External Views
11. Measuring illuminance
For the purposes of these Regulations, all
illuminance measurements are to be made in
circumstances where no person other than the
person carrying out the measurements is within
5 metres of the measuring instrument.
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12. Lighting in gaming machine area of approved
venues
(1) At any time when a gaming machine is available
for gaming in an approved venue, the venue
operator must ensure that lighting in the gaming
machine area in which the gaming machine is
situated complies with Schedule 2.
(2) This regulation does not apply to a venue operator
who is a casino operator.
13. Lighting in areas of casino
At any time when a gaming machine is available
for gaming in a casino, the casino operator must
ensure that lighting in the area of the casino
approved by the Commission in which the gaming
machine is situated complies with Schedule 2.
14. Windows not to be removed or obscured—approved
venues
(1) A venue operator must not remove or obscure any
window in the approved venue that affords a view
from a gaming machine area of the approved
venue, except as provided by this regulation.
Penalty: 20 penalty units.
(2) A venue operator may remove a window for the
purpose of replacing it with another window of
equal or greater size, if the new window is in
place within 10 working days after the old
window is removed.
(3) A venue operator may remove a window or part of
a window for the purpose of repairing it, if the
repairs are completed and the window or part is
replaced within 10 working days after the window
or part is removed.
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(4) A venue operator may obscure a window by
installing blinds or curtains, or by tinting, shading
or any other window treatment, for the purpose of
temperature control or the reduction of glare from
direct sunlight.
(5) This regulation does not apply to a venue operator
who is a casino operator.
15. Windows not to be removed or obscured—casino
(1) A casino operator must not remove or obscure any
window in the casino that affords a view from an
area of the casino approved by the Commission in
which gaming machines are situated, except as
provided by this regulation.
Penalty: 20 penalty units.
(2) A casino operator may remove a window for the
purpose of replacing it with another window of
equal or greater size, if the new window is in
place within 10 working days after the old
window is removed.
(3) A casino operator may remove a window or part
of a window for the purpose of repairing it, if the
repairs are completed and the window or part is
replaced within 10 working days after the window
or part is removed.
(4) A casino operator may obscure a window by
installing blinds or curtains, or by tinting, shading
or any other window treatment, for the purpose of
temperature control or the reduction of glare from
direct sunlight.
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Division 3—Printed Information
16. Posters
(1) In this regulation, "player information poster"
means a poster that is in the form and contains the
information, in the English language, set out in the
Minister's specifications.
(2) At all times when gaming machines are available
for gaming in an approved venue, the venue
operator must ensure that player information
posters are displayed in accordance with this
regulation in the gaming machine area of the
approved venue.
Penalty: 20 penalty units.
(3) At all times when gaming machines are available
for gaming in a casino, the casino operator must
ensure that player information posters are
displayed in accordance with this regulation in the
gaming machine area of the casino.
Penalty: 20 penalty units.
(4) Player information posters must be displayed as
follows—
(a) if there are 15 or less gaming machines
available for gaming, at least 1 poster must
be displayed;
(b) if there are more than 15 gaming machines
available for gaming—
(i) at least 1 poster must be displayed for
every 15 gaming machines; and
(ii) 1 additional poster must be displayed
for any additional gaming machines
less than 15 in number.
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(5) Player information posters must be displayed in
such a manner that the information contained in
them is clearly visible to a person sitting or
standing in front of a gaming machine in the area.
(6) Nothing in this regulation prevents the display of
posters containing information in languages other
than English.
17. Talkers
(1) In this regulation, "player information talker"
means a talker that—
(a) is in a form and contains the information, in
the English language, set out in the
Minister's specifications; and
(b) is affixed to a gaming machine.
(2) At all times when a gaming machine is available
for gaming in an approved venue, the venue
operator must ensure that a player information
talker is displayed on the gaming machine so that
it is clearly visible from the front of the machine.
Penalty: 20 penalty units.
(3) At all times when a gaming machine is available
for gaming in a casino, the casino operator must
ensure that a player information talker is displayed
on the gaming machine so that it is clearly visible
from the front of the machine.
Penalty: 20 penalty units.
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(4) If the Minister's specifications set out 2 or more
player information talkers that differ from each
other in form or information or both, the different
player information talkers must be distributed
evenly, as far as practicable, within the approved
venue or casino.
Example
If the Minister's specifications set out 5 different player
information talkers and there are 100 gaming machines in an
approved venue or casino, then each particular type of
player information talker must be affixed to 20 gaming
machines.
(5) Nothing in this regulation prevents the display of
talkers containing information in languages other
than English.
18. Brochures
(1) In this regulation, "player information
brochure" means a brochure that is in the form
and contains the information, in the English
language, set out in the Minister's specifications.
(2) At all times when gaming machines are available
for gaming in an approved venue, the venue
operator must ensure that player information
brochures are available at each cashier area in the
approved venue in accordance with this
regulation.
Penalty: 20 penalty units.
(3) The total number of player information brochures
available must be at least equal to the number of
gaming machines in the gaming machine area of
the approved venue.
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(4) At all times when a gaming machine is available
for gaming in a casino, the casino operator must
ensure that one or more player information
brochures are available at each cashier area in the
gaming machine area of the casino.
Penalty: 20 penalty units.
(5) The total number of player information brochures
available must be at least equal to the number of
gaming machines in the gaming machine area of
the casino.
(6) Nothing in this regulation prevents the provision
or display of brochures containing information in
languages other than English.
19. Commission to provide information to gaming
operators and casino operator
The Commission must provide a copy of each
player information poster, player information
talker and player information brochure to each
gaming operator and casino operator in a form
allowing them to be copied.
20. Gaming operator to provide sufficient copies of
player information
(1) A gaming operator must provide to each venue
operator with whom the gaming operator has a
contract for the supply of gaming machines—
(a) player information posters; and
(b) player information talkers; and
(c) player information brochures—
in sufficient numbers to enable the venue operator
to comply with regulations 16, 17 and 18.
Penalty: 20 penalty units.
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(2) On request by a venue operator with whom a
gaming operator has a contract for the supply of
gaming machines, the gaming operator must,
within 14 days of the request, provide the venue
operator with any further player information
posters, player information talkers and player
information brochures that the venue operator
needs to enable the venue operator to comply with
regulations 16, 17 and 18.
Penalty: 20 penalty units.
(3) A gaming operator, venue operator or casino
operator must not alter the form of or information
contained on or in a player information poster,
player information talker or player information
brochure unless the alteration is made to comply
with an amendment to the Minister's
specifications.
Penalty: 20 penalty units.
21. Change in Minister's specifications
(1) Within 14 days after an amendment of the
Minister's specifications, the Commission must—
(a) notify each gaming operator and casino
operator of the amendment; and
(b) if the amendment requires the amendment of
any player information poster, player
information talker or player information
brochure, provide a copy of the amended
poster, talker or brochure to each gaming
operator and casino operator in a form
allowing it to be copied.
(2) Within 3 months after receiving a copy of an
amended player information poster, player
information talker or player information brochure
under sub-regulation (1), each gaming operator
must provide to each venue operator with whom
the gaming operator has a contract for the supply
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of gaming machines copies of the amended poster,
talker or brochure in sufficient numbers to enable
the venue operator to comply with regulation 16,
17 or 18 (as the case requires).
Penalty: 20 penalty units.
(3) If the Minister's specifications are amended in
relation to the form of, or information to be
contained in, a player information poster, player
information talker or player information brochure,
it is sufficient compliance with regulation 16(2) or
16(3), 17(2) or 17(3) or 18(2) or 18(4) (as the case
requires) for a period of 4 months immediately
following the amendment, if the poster, talker or
brochure complies with the Minister's
specifications as in force immediately before the
amendment.
Division 4—Electronic Information
22. What is electronic game information?
Electronic game information is the following
information generated by, and displayed on the
screen of, a gaming machine for each game that
may be played on that machine—
(a) the return to players of that game;
(b) the average number of individual games
played per any win, based on one line being
played per game;
(c) the chances or odds of achieving the top 5
and bottom 5 (in value) individual winning
combinations;
(d) the maximum and minimum bet options
available.
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23. Gaming machines must generate and display
electronic game information
(1) Each gaming machine available for gaming in an
approved venue or casino must be capable of
generating and displaying and, at the election of a
player, must generate and display electronic game
information in respect of each game played on the
gaming machine.
(2) The requirement for generating and displaying
electronic game information applies—
(a) in respect of a new game, on and after the
commencement of these Regulations;
(b) in respect of any other game, on and after
1 January 2008.
24. What is electronic player information?
Electronic player information is the following
information generated by, and displayed on the
screen of, a gaming machine—
(a) cash in, being the amount (expressed in
dollars and cents) the player has put into the
gaming machine during the session;
(b) credits played, being the amount (expressed
in dollars and cents) wagered by the player
on the gaming machine during the session;
(c) credits won, being the amount (expressed in
dollars and cents) won by the player on the
gaming machine during the session;
(d) the session win or loss, being the difference
(expressed in dollars and cents) between
credits won and credits played;
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(e) cash out, being the amount (expressed in
dollars and cents) collected from the gaming
machine by the player during the session;
(f) credits available, being the amount
(expressed in dollars and cents) that is
currently available for the player to wager on
the gaming machine;
(g) the time the player began the session;
(h) the current time of day;
(i) the length of the session;
(j) if jackpot win amounts are not included on
the credit meter of the gaming machine, a
statement that the information displayed does
not include amounts won from a jackpot
during the session.
Examples
Example 1
The following is an example of electronic player
information on a system where all jackpot win amounts are
included on the credit meter:
Cash in $100.00
Credits played $245.50
Credits won $239.70
Session Win or (Loss) ($5.80)
Cash out $0.00
Credits available $94.20
Time commenced 8:48 p.m.
Current time 10.52 p.m.
Total time played 2 hours 4 minutes.
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Example 2
The following is an example of electronic player
information on a system where not all jackpot win amounts
in the session are included on the credit meter:
Cash in $100.00
Credits played $245.50
Credits won $239.70*
Session Win or (Loss) ($5.80)*
Cash out $0.00
Credits available $94.20*
Time commenced 8:48 p.m.
Current time 10.52 p.m.
Total time played 2 hours 4 minutes.
* These totals do not include amounts won from a jackpot
during the session.
25. Gaming machines must generate and display
electronic player information
(1) Each gaming machine available for gaming in an
approved venue or casino must be capable of
generating and displaying and, at the election of a
player, must generate and display electronic
player information in respect of all games played
on the gaming machine in a session.
(2) The requirement for generating and displaying
electronic player information applies—
(a) in respect of a new game, on and after the
commencement of these Regulations;
(b) in respect of any other game, on and after
1 January 2008.
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26. Venue operator to notify gaming operator if
electronic information fails
(1) Immediately on becoming aware that a gaming
machine in an approved venue does not, or is not
able to, generate or display electronic information
in accordance with regulations 23 and 25, the
venue operator must give written notice of that
fact to the gaming operator who supplied the
machine to the venue operator, together with the
following—
(a) the identification number for the gaming
machine issued under section 3.5.8 of the
Act;
(b) the date and time that the venue operator
became aware that the information was not,
or was not able to be, generated or displayed
in accordance with regulations 23 and 25;
(c) details of the failure to comply.
Penalty: 20 penalty units.
(2) If—
(a) a venue operator gives a notice under sub-
regulation (1) in respect of a gaming
machine; and
(b) the gaming machine is subsequently able to
generate or display electronic information in
accordance with regulations 23 and 25—
the venue operator must give written notice of that
fact to the gaming operator who supplied the
machine to the venue operator, together with
details of how compliance was achieved.
(3) This regulation does not apply to a venue operator
who is a casino operator.
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27. Gaming operator not to allow gaming on gaming
machine without electronic information display
A gaming operator must not permit a gaming
machine of that operator to be played if the
gaming operator knows, or could reasonably be
expected to know, that the gaming machine does
not, or is not able to, generate or display electronic
information in accordance with regulations 23
and 25.
Penalty: 20 penalty units.
28. Casino operator not to allow gaming on gaming
machine without electronic information display
A casino operator must not permit a gaming
machine in the casino to be played if the casino
operator knows, or could reasonably be expected
to know, that the gaming machine does not, or is
not able to, generate or display electronic
information in accordance with regulations 23
and 25.
Penalty: 20 penalty units.
Division 5—Jackpot Information
29. What is jackpot information?
(1) Jackpot information is the following information
in relation to each game that may be played on a
gaming machine that is part of a linked jackpot
arrangement—
(a) a statement that the gaming machine is part
of a linked jackpot arrangement;
(b) the total return to players of the game, being
the sum of the return to players contributed
by the game and the return to players
contributed by the linked jackpot
arrangement;
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(c) the return to players of the game contributed
by the linked jackpot arrangement.
(2) The requirement for providing jackpot
information applies—
(a) in respect of a new game, on and after the
commencement of these Regulations;
(b) in respect of any other game, on and after
1 January 2008.
30. Provision of jackpot information
Jackpot information must be provided on each
gaming machine that is part of a linked jackpot
arrangement by either or both of the following
methods—
(a) a talker affixed to the gaming machine
containing the information in the English
language; or
(b) the display of the information on the screen
of the gaming machine in conjunction with
the electronic game information required by
regulation 23.
31. Jackpot information talkers
(1) This regulation applies in relation to a gaming
machine that is part of a linked jackpot
arrangement if jackpot information is not provided
by displaying the information on the screen of the
gaming machine.
(2) Each gaming operator must provide a sufficient
number of talkers to comply with regulation 30(a)
to each venue operator with whom the gaming
operator has a contract for the supply of gaming
machines that are part of a linked jackpot
arrangement.
Penalty: 20 penalty units.
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(3) At all times when a gaming machine that is part of
a linked jackpot arrangement is available for
gaming in an approved venue, the venue operator
must ensure that a talker containing jackpot
information in the English language is displayed
on the gaming machine.
Penalty: 20 penalty units.
(4) On request by a venue operator with whom a
gaming operator has a contract for the supply of
gaming machines, the gaming operator must,
within 14 days of the request, provide the venue
operator with any further talkers that the venue
operator needs to enable the venue operator to
comply with sub-regulation (3).
Penalty: 20 penalty units.
(5) At all times when a gaming machine that is part of
a linked jackpot arrangement is available for
gaming in a casino, the casino operator must
ensure that a talker containing jackpot information
in the English language is displayed on the
gaming machine.
Penalty: 20 penalty units.
(6) Nothing in this regulation prevents the display of
talkers containing information in languages other
than English.
(7) The requirement to display a talker under this
regulation is in addition to the requirement to
display a talker under regulation 17.
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Division 6—Electronic Jackpot Information
32. Application of Division
This Division applies in relation to a gaming
machine that is part of a linked jackpot
arrangement if jackpot information is not provided
by a talker.
33. Electronic jackpot information
Each gaming machine that is part of a linked
jackpot arrangement and is available for gaming
in an approved venue or casino must be capable of
generating and displaying and, at the election of a
player, must generate and display jackpot
information.
34. Venue operator to notify gaming operator if
electronic jackpot information fails
(1) Immediately on becoming aware that a gaming
machine in an approved venue that is part of a
linked jackpot arrangement does not, or is not able
to, generate or display jackpot information in
accordance with regulation 33, the venue operator
must give written notice of that fact to the gaming
operator who supplied the machine to the venue
operator, together with the following—
(a) the identification number for the gaming
machine issued under section 3.5.8 of the
Act;
(b) the date and time that the venue operator
became aware that the information was not,
or was not able to be, generated or displayed
in accordance with regulation 33;
(c) details of the failure to comply.
Penalty: 20 penalty units.
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(2) If—
(a) a venue operator gives a notice under sub-
regulation (1) in respect of a gaming
machine; and
(b) the gaming machine is subsequently able to
generate or display jackpot information in
accordance with regulation 33—
the venue operator must give written notice of that
fact to the gaming operator who supplied the
machine to the venue operator, together with
details of how compliance was achieved.
(3) This regulation does not apply to a venue operator
who is a casino operator.
35. Gaming operator not to allow gaming on gaming
machine without electronic jackpot information
display
A gaming operator must not permit a gaming
machine of that operator that is part of a linked
jackpot arrangement to be played if the gaming
operator knows, or could reasonably be expected
to know, that the gaming machine does not, or is
not able to, generate or display jackpot
information in accordance with regulation 33.
Penalty: 20 penalty units.
36. Casino operator not to allow gaming on gaming
machine without electronic jackpot information
display
A casino operator must not permit a gaming
machine in the casino that is part of a linked
jackpot arrangement to be played if the casino
operator knows, or could reasonably be expected
to know, that the gaming machine does not, or is
not able to, generate or display jackpot
information in accordance with regulation 33.
Penalty: 20 penalty units.
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Division 7—Loyalty Schemes
37. Information to be contained in written statement
For the purposes of section 3.5.36(1)(a)(ii) of the
Act, the prescribed information is—
(a) the information contained in that part of the
Minister's specifications that applies to
brochures;
(b) a statement to the effect that, under section
3.5.36(3) of the Act, any new limit set by a
participant under section 3.5.36(2) of the Act
that increases the time or loss limits does not
take effect until the time determined by the
loyalty scheme provider, which must be at
least 24 hours after the participant has
notified the loyalty scheme provider of the
new limit;
(c) 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.
Note: Section 3.5.36(1)(a)(i) of the Act requires that the
written statement must also inform a prospective
participant in a loyalty scheme that a participant may,
at any time, set time and loss limits as provided by
that section.
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38. 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;
(b) the number or other identifier of the player
loyalty card or account assigned to the
participant by the loyalty scheme provider;
(c) the statement period;
(d) at the time of preparation of the statement,
the time and loss limits (if any) set by the
participant;
(e) 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
accordance with sub-regulation (3)
or (4) (as the case requires);
(f) the information specified in paragraph (e) in
respect of each calendar month during the
statement period;
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(g) a statement to the effect that a participant
may cease participating in the loyalty
scheme by notifying the loyalty scheme
provider;
(h) a statement to the effect that a participant
may set time and loss limits and change the
limits by notifying the loyalty scheme
provider;
(i) a statement to the effect that the player
activity statement only contains information
relating to occasions where the participant
used his or her player loyalty card or account
in the manner instructed by the loyalty
scheme provider while playing gaming
machines;
(j) the starting time of the period of 24 hours set
by the loyalty scheme provider as a day;
(k) if a loyalty scheme does not record jackpot
payments 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 jackpot payments won
from playing a gaming machine that is part
of a linked jackpot arrangement;
(l) the statement "Excessive gambling may
cause financial problems for some people";
(m) the name and telephone number of an
organisation from which problem gambling
assistance may be obtained;
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(n) 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;
(o) 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 player loyalty card or account in the
manner instructed by the loyalty scheme
provider.
(2) The statement and information referred to in sub-
regulations (1)(l) and (1)(m) must be printed in
bold or in a font that is at least two points larger
than the font used elsewhere in the statement.
(3) The net amount won or lost by a participant is to
be expressed in dollars and cents, except as
provided by sub-regulation (4).
(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.
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Examples
Example 1
The following is an example of a player activity statement
where—
(a) the loyalty scheme records jackpot payments 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: 01/03/05 to 30/09/05
Card or Membership Number: 123 456 78
Current daily time limit: 2 hours
Current daily net loss limit: $30.00
Net Amount Won or (Lost): $(60.00)
No. of Days: 15
Total duration: 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)
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)
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 player
loyalty card or account in the manner instructed by
the loyalty scheme provider while playing gaming
machines.
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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 cease participating in this loyalty scheme
by contacting the loyalty scheme provider.
5. You may set or change the amount of time you may
play games under the scheme or your net loss limits
on games played under the scheme by contacting the
loyalty scheme provider.
You can contact the loyalty scheme provider—
* by writing to the gaming operator at 123 Street,
Suburb, Vic; or
* at the gaming venue.
Excessive gambling may cause financial problems
for some people. Assistance for problem gamblers
may be obtained by calling the Gamblers Help Line
1 800 156 789.
Example 2
The following is an example of a player activity statement
where—
(a) the loyalty scheme does not record jackpot payments
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: 01/03/05 to 30/09/05
Card or Membership Number: 123 456 78
Current daily time limit: 2 hours
Current daily net loss limit: $30.00
Net Amount Won or (Lost): $(60)
No. of Days: 15
Total duration: 22 hours and 53 minutes
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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)
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 player
loyalty 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 jackpot payments 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.
6. You may cease participating in this loyalty scheme
by contacting the loyalty scheme provider.
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7. You may set or change the amount of time you may
play games under the scheme or your net loss limits
on games played under the scheme by contacting the
loyalty scheme provider.
You can contact the loyalty scheme provider—
* by writing to the gaming operator at 123 Street,
Suburb, Vic; or
* at the gaming venue.
Excessive gambling may cause financial problems
for some people. Assistance for problem gamblers
may be obtained by calling the Gamblers Help Line
1 800 156 789.
Division 8—Miscellaneous
39. Method of determination of net cash balance
For the purposes of the definition of "daily net
cash balance" in section 3.6.2 of the Act, the
amount to be deducted from the total amount
wagered in relation to a gaming machine for
payment to a jackpot special prize pool is
determined—
(a) in the case of a gaming machine of the
holder of the gaming licence and the operator
or operators (if any) of the gaming licence
approved under section 4.3.15(1)(b) of the
Act, by multiplying the total amount
wagered by not more than 0·03 as
determined by the Commission from time to
time;
(b) in the case of a gaming machine of a gaming
operator who holds a gaming operator's
licence and the declared operator (if any) of
the licence, with respect to a particular
jackpot special prize pool, by—
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(i) multiplying Z (where Z is the total
amount wagered less the sum of all
prizes paid) by not more than 0·10; or
(ii) multiplying the total amount wagered
by not more than 0·04—
as determined by the Commission from time
to time.
40. Notification of determination
(1) The Commission, immediately after making a
determination under regulation 39, must serve
notice in writing of the determination on the
gaming operator of a gaming machine affected by
the determination.
(2) A determination under regulation 39 takes effect
on the day specified in the notice, being a day not
earlier than 7 days after the date on which notice
of the determination was served on the gaming
operator.
41. Application for venue operator's licence—
publication of notice
For the purposes of section 3.4.8(3)(a) of the Act,
the prescribed information to be contained in the
notice published by an applicant for a venue
operator's licence is—
(a) a statement that an application has been
made; and
(b) the applicant's name and business address;
and
(c) the name and address of the venue at which
the applicant proposes to conduct gaming, if
known; and
(d) the number of gaming machines proposed to
be installed at the venue, if known; and
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(e) the times at which it is proposed the venue
will be open for gaming, if known; and
(f) the address and telephone number of the
Commission.
42. Application for listing on the Roll—publication of
notice
For the purposes of section 3.4.61(3)(a) of the
Act, the prescribed information to be contained in
the notice published by an applicant for listing on
the Roll of Manufacturers, Suppliers and Testers
is—
(a) a statement that an application has been
made; and
(b) the applicant's name and business address;
and
(c) the address and telephone number of the
Commission.
43. Restricted components
The following components are restricted
components for the purposes of the definition of
"restricted component" in section 1.3(1) of the
Act—
(a) software designed specifically for a game, a
gaming machine, linked jackpot equipment
or an electronic monitoring system;
(b) a software storage medium designed
specifically for a game, a gaming machine,
linked jackpot equipment or an electronic
monitoring system;
(c) a memory module designed specifically for a
game, a gaming machine, linked jackpot
equipment or an electronic monitoring
system;
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(d) an electronic module (including, but not
limited to, a circuit board, but not including a
repeater, signal amplifier or line isolation
device) designed specifically for a game, a
gaming machine, linked jackpot equipment
or an electronic monitoring system.
__________________
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Part 4—Conduct of Wagering
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PART 4—CONDUCT OF WAGERING
44. Definition
In this Part, "operator" means the holder of the
wagering licence or the wagering operator, if any.
45. Display of betting rules
(1) The operator must display the betting rules in each
cash outlet in a position readily accessible to the
public.
(2) The operator must make a copy of the betting
rules available at its principal place of business on
demand by any person.
46. Management and control of betting offices
Every betting office must be under the
management and control of an officer, employee
or agent of the operator appointed by the operator
for that purpose.
47. Numbering and bracketing of selections
(1) Subject to this regulation, the operator must allot
to each selection in a totalisator a list number
corresponding with the number of the selection
(if any) in the official program of the controlling
body.
(2) If there are more selections than there are list
numbers available for allocation by the operator,
the operator may create a sufficient number of
brackets so that the highest list number allotted to
any selection does not exceed the highest list
number available.
(3) The operator may, at its option, create brackets for
use in conjunction with any bet type offered by
the operator.
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(4) Selections bracketed together under sub-
regulation (2) or (3) must—
(a) each be allotted the same list number with a
distinguishing letter shown alongside that
common list number; and
(b) be allotted one list number only and (with
the exception of a totalisator for wagering
known as a feature double totalisator) bets
accepted by the operator or an agent of the
operator in respect of that bracket number
must be taken to be invested on each
selection included in that bracket.
48. Provision and display of information
(1) The operator must obtain any information that is
necessary to allow the operator to make selections
and to declare dividends or prizes.
(2) The operator must display in betting offices the
information that is obtained by it under sub-
regulation (1).
49. Determination and display of dividends or prizes
(1) The operator must display in betting offices the
results of events on which it conducts totalisators.
(2) The operator must determine the dividends or
prizes payable by it on having obtained the
information referred to in regulation 48(1) and
display in betting offices the dividends payable by
it in respect of events on which it conducts
totalisators.
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50. Protests
(1) In the case of a totalisator for wagering, if a
protest is lodged in accordance with the rules of
racing, the money available for dividends must be
retained until the protest has been decided by the
stewards and that money must thereafter be dealt
with in accordance with the decision of the
stewards on the protest.
(2) Prior to a decision on any protest of the kind
referred to in sub-regulation (1), the operator may
pay any dividends that it is satisfied will not be
affected by the result of the protest.
51. Financial statements
Within 14 days after the day on which a totalisator
or an approved betting competition is conducted
by the operator, the operator must provide to the
Commission a return of particulars in relation to
that totalisator or approved betting competition in
the form in Schedule 3 or in any other manner or
form that is approved by the Commission.
52. Payments into pools
The operator may, in respect of any event,
either—
(a) prior to commencing to accept bets in respect
of an event, allocate an amount of money to
be used to increase the money available for
dividends or prizes in respect of a totalisator
or approved betting competition in respect of
that event; or
(b) after ceasing to accept bets in respect of an
event, supplement the amount of money
available for dividends or prizes in respect of
a totalisator or approved betting competition
in respect of that event so as to return a
specified minimum dividend or prize.
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53. Particulars on ticket
Every ticket issued by the operator in respect of a
totalisator or an approved betting competition
must identify by words and numbers or words or
numbers, as the case may be—
(a) the totalisator or approved betting
competition concerned; and
(b) the date and place of issue of the ticket; and
(c) the selection or combination of selections
chosen; and
(d) the amount of the bet.
54. Significant events
(1) On discovering a significant event in respect of a
totalisator or an approved betting competition
conducted by the operator, the operator must,
without delay and not more than 24 hours after the
discovery, report the occurrence of the significant
event to the Commission and provide to the
Commission any further information in relation to
the occurrence of the significant event that the
Commission may require.
(2) For the purposes of sub-regulation (1),
"significant event" means—
(a) an error in the calculation of a dividend or
prize;
(b) an error in the calculation of the money
available for dividends;
(c) the acceptance by the operator of a bet—
(i) in the case of a bet in a totalisator—
after the start of the event on which the
bet is accepted; or
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(ii) in the case of a bet in an approved
betting competition—after the start of
the event in respect of which the bet is
accepted or after the operator has
indicated that it is not accepting, or has
ceased to accept, bets in respect of that
event, whichever is the later;
(d) the manipulation or attempted manipulation
by a person employed by the operator of the
equipment (including computer software)
used in connection with wagering or
approved betting competitions;
(e) the misuse by a person employed by the
operator of information obtained by that
person as a result of his or her employment;
(f) the presentation of a forged ticket or the
forgery or attempted forgery of a ticket in
respect of a totalisator or an approved betting
competition;
(g) the cancellation of a bet after the result of the
event on which the bet was made has been
decided;
(h) a period of time in excess of 10 minutes
during which the operator is unable to accept
bets at a time when the operator's betting
offices are open for business;
(i) the activation of the operator's emergency
procedures or disaster recovery procedures in
connection with the operator's totalisator
business.
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55. Termination of acceptance of bets
The operator must establish and maintain in place
procedures or systems approved by the
Commission to terminate the acceptance of bets
by the operator—
(a) in the case of a bet in a totalisator—after the
start of the event on which the bet is
accepted; or
(b) in the case of a bet in an approved betting
competition—after the start of the event in
respect of which the bet is accepted or after
the operator has indicated that it is not
accepting, or has ceased to accept, bets in
respect of that event, whichever is the later.
__________________
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Part 5—Trade Promotion Lotteries
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PART 5—TRADE PROMOTION LOTTERIES
56. Conditions of a permit to conduct a trade promotion
lottery
(1) For the purposes of section 5.7.5(1)(b) of the Act,
this regulation prescribes the conditions of a
permit to conduct a trade promotion lottery.
(2) A permit holder must conduct a trade promotion
lottery so as to benefit primarily the trade or
business being promoted by the lottery and in
accordance with the information provided in, or in
support of, the application.
(3) A permit holder must ensure that—
(a) all information designed to or likely to
induce a person to enter a trade promotion
lottery; and
(b) any scratch and win card that is or forms part
of the trade promotion lottery—
includes—
(c) the permit number; and
(d) the closing date of the trade promotion
lottery; and
(e) if applicable, where and when the lottery will
be drawn; and
(f) the name and date of the publication in
which the names of winners will be
published; and
(g) the requirements, if any, that must be met to
be eligible to enter the lottery.
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(4) If the permit holder or the person whose trade or
business is to be promoted by a trade promotion
lottery intends to use any information relating to
an entrant in the trade promotion lottery for a
purpose other than the conduct of the lottery—
(a) each purpose must be stated in the conditions
of entry; and
(b) the permit holder and the person whose trade
or business is being promoted by the lottery
must not use, or permit to be used, the
information relating to an entrant in the
lottery except in accordance with the purpose
stated in the conditions of entry.
(5) A permit holder must cause—
(a) the names of winners of prizes worth more
than $250 in a trade promotion lottery to be
published in—
(i) a newspaper circulating generally in
Victoria; or
(ii) if the trade promotion lottery was
advertised solely through a trade
journal, promotional magazine or a
similar publication, that publication;
and
(b) the winners to be advised in writing.
(6) An entrant in a trade promotion lottery must not
be required to be present at the drawing of the
lottery in order to be eligible to win any prize in
the lottery unless—
(a) entry to the lottery is only available in the
premises in which the draw is to take place;
and
(b) the draw is to take place within 24 hours
after the commencement of the lottery.
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(7) If a winner is present at the draw or is otherwise
readily identified, the permit holder must pay or
otherwise transfer the prize to the winner within
28 days after the draw.
(8) If—
(a) a winner of a prize is not readily identified;
and
(b) reasonable efforts have unsuccessfully been
made to identify the winner of the prize; and
(c) the conditions of entry provide that the
permit holder may draw an additional
entrant's name in such a situation; and
(d) an additional entrant's name is drawn—
the additional entrant's name is substituted for the
name of the winner of that prize.
(9) The conditions of entry for a trade promotion
lottery conducted with scratch and win cards must
include—
(a) disclosure of—
(i) the maximum number of scratch and
win cards to be distributed; and
(ii) the total number and individual value of
the prizes; and
(b) a condition that printing errors and other
quality control matters will not be used as a
reason for refusing payment of prizes.
Note: If a trade promotion lottery is to be drawn, the method of the
draw must allow each ticket in the draw a random and equal
chance of being drawn.
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57. Records in relation to trade promotion lotteries
For the purposes of section 5.7.18 of the Act, the
prescribed information that must be kept by the
holder of a permit to conduct a trade promotion
lottery is—
(a) the manner in which entries to the trade
promotion lottery were solicited; and
(b) when and how the trade promotion lottery
was drawn; and
(c) the names and addresses of the winners of
any prize valued at $1000 or more and a
description of their respective prizes.
58. Trade promotion lottery with prize value of $5000
or less
(1) For the purposes of section 5.7.2(1)(b)(ii) of the
Act, the conditions set out in this regulation are
prescribed.
(2) A person who conducts a lottery referred to in
section 5.7.2 of the Act—
(a) must obtain the prior written consent for the
conduct of the lottery from the person whose
trade or business is to be promoted by the
lottery; and
(b) must conduct the lottery so as to benefit
primarily the trade or business being
promoted; and
(c) must ensure that all information designed to
or likely to induce a person to enter the
lottery and any scratch and win card that is
or forms part of the trade promotion lottery
includes—
(i) the closing date of the lottery; and
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(ii) if applicable, where and when the
lottery will be drawn; and
(iii) the name and date of the publication in
which the names of the winners will be
published; and
(iv) the requirements, if any, that must be
met to be eligible to enter the lottery;
and
(d) must cause the names of winners of all prizes
worth more than $250 to be published in—
(i) a newspaper circulating generally in
Victoria; or
(ii) if the lottery was advertised solely
through a trade journal, promotional
magazine or similar publication, that
publication; or
(iii) if the value of the prizes in the lottery is
$500 or less, a newspaper circulating in
the area in which the trade promotion
lottery was held; and
(e) must cause the winners of those prizes to be
advised in writing; and
(f) must ensure that records are kept that
provide—
(i) an accurate financial accounting of the
trade promotion lottery; and
(ii) an accurate accounting for all entries;
and
(iii) an accurate reporting of the distribution
of the prizes.
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(3) The requirements of regulations 56(4), 56(6),
56(7), 56(8) and 56(9) apply to a trade promotion
lottery referred to in section 5.7.2 of the Act as if a
reference to a permit holder were a reference to a
person who conducts such a lottery.
Note: If the trade promotion lottery is to be drawn, the method of
the draw must allow each ticket in the draw a random and
equal chance of being drawn.
__________________
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Part 6—Club Keno
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PART 6—CLUB KENO
59. Definition of club keno game
For the purposes of the definition of "club keno
game" in section 1.3(1) of the Act, a club keno
game is a game that is played—
(a) on a club keno system approved by the
Commission; and
(b) after the players have selected, in accordance
with the rules made under section 6.2.11 of
the Act—
(i) a maximum of 15 numbers from the
numbers 1 to 80 inclusive to match any
of 20 numbers to be drawn in the
playing of the game; or
(ii) heads, tails or evens—
by drawing 20 numbers from the numbers
1 to 80 inclusive by a method of random
selection approved by the Commission.
60. Conduct of club keno games
(1) The participants must—
(a) provide a schedule of club keno games to the
Commission not less than one week before
the date of the first game on the schedule;
and
(b) notify the Commission in writing of a
variation to the schedule before the schedule
as varied is implemented.
(2) The participants must not conduct a club keno
game at a place other than the principal place of
business of either of them except with the
approval of the Commission.
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(3) The Commission may give approval under sub-
regulation (2) not less than 2 working days before
the club keno game and subject to any condition
that the Commission thinks fit.
(4) The Commission may require that a club keno
game or series of games be conducted under the
supervision of the Commission or a person
authorised by the Commission.
61. Hours for ticket sales and payment of prizes
An accredited representative may sell tickets in,
and pay prizes in respect of, a club keno game
during any period when the supply of liquor for
consumption on the premises is authorised under
the Liquor Control Reform Act 1998.
62. Prohibition on minors buying tickets—notice
An accredited representative must cause to be
displayed, at every place (other than in a gaming
machine area) within an approved venue where
tickets in club keno games are available for sale, a
notice which states in prominent letters that tickets
will not be sold to minors.
63. Reporting on club keno games
(1) For each day on which club keno games are
conducted, a participant operating a club keno
system must provide to the Commission a report
of the results of the games.
(2) A report under sub-regulation (1) must—
(a) be provided not more than 2 working days
after the day to which it relates; and
(b) state the number and total monetary value of
tickets sold and prizes won in each game;
and
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(c) state the amount paid to the prizes fund
under section 6.3.1 of the Act in respect of
each game.
__________________
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Part 7—Community and Charitable Organisations
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PART 7—COMMUNITY AND CHARITABLE
ORGANISATIONS
Division 1—Sporting or recreational clubs or associations
64. Sporting or recreational club or association
For the purposes of section 8.3.3(1)(b) of the Act,
a sporting or recreational club or association is of
a prescribed kind if—
(a) it has a bona fide membership; and
(b) it has been formed for recreational purposes
or the promotion of any sport; and
(c) if it is incorporated, it can show continuing
compliance with the requirements of the law
under which it is incorporated; and
(d) if it is unincorporated—
(i) it is managed by a committee, elected
by the general body of members for a
period of not less than 12 months,
which meets regularly; and
(ii) it consistently holds annual general
meetings; and
(iii) it records its decisions accurately in
writing; and
(e) it has a treasurer who maintains proper
financial records and presents a statement of
income and expenditure and a balance sheet
at its annual general meeting; and
(f) it operates a banking account in its name;
and
(g) it issues cheques signed by not less than
2 authorised officers; and
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(h) it has a constitution which provides that in
the event of the club or association being
disbanded, its net assets will not be
distributed to members but will be
distributed to—
(i) a fund with objectives similar to those
of the club or association; or
(ii) a fund which is appropriated
exclusively for a purpose referred to in
paragraph (b)(i) of the definition of
"community purpose" in section 1.3(1)
of the Act; or
(iii) a community or charitable organisation.
Division 2—Bingo Permits
65. Conditions of bingo permit and rules of bingo
(1) This Division prescribes—
(a) the conditions under section 8.3.13(3)(a) of
the Act in respect of the conduct of a session
or sessions of bingo games; and
(b) the rules of bingo.
(2) The rules set out in Schedule 4 are prescribed for
the conduct of bingo games.
66. Return in respect of bingo permit
(1) It is a prescribed condition of a bingo permit that
the permit holder must, before 1 October in each
year that the bingo permit is in force, give the
Commission a return setting out, in respect of the
year or part year ending on the preceding 30 June,
for each month—
(a) the gross receipts;
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(b) the total expenses (including catering and the
fees paid to the holder of a bingo centre
operator's licence);
(c) the serial numbers of unsold tickets, if any;
(d) the prizes paid;
(e) the net proceeds of bingo;
(f) the balance of each jackpot pool, if any, at
the end of that month.
(2) A return under this regulation—
(a) must be signed by—
(i) the responsible person; and
(ii) the president, secretary, treasurer or a
director of the permit holder; and
(b) except in the circumstances set out in sub-
regulation (4), must contain or be
accompanied by a certificate addressed to the
Commission from a person referred to in
sub-regulation (3) setting out the person's
opinion as to the truth and accuracy of the
return.
(3) A person may provide a certificate required by
sub-regulation (2)(b) if the person—
(a) not being a member of the governing body of
the permit holder, has been appointed by the
governing body with the same authority as
the auditor of a public company; and
(b) is—
(i) a registered company auditor within the
meaning of the Corporations Law; or
(ii) a member of the Institute of Chartered
Accountants in Australia, CPA
Australia or the National Institute of
Accountants; or
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(iii) the manager of a branch of a financial
institution.
(4) Sub-regulation (2)(b) does not apply if—
(a) the gross receipts for the year of the return
do not exceed $50 000; and
(b) the running sheets and all bank records for
the conduct of bingo have been reviewed
by—
(i) the responsible person; and
(ii) the president, secretary or treasurer or a
director of the permit holder; and
(c) the return contains or is accompanied by a
certificate given by each person who has
undertaken a review under paragraph (b)
setting out the person's opinion as to the truth
and accuracy of the running sheets and bank
records.
(5) A person must not give a certificate under sub-
regulation (4)(c) that he or she knows, or could
reasonably be expected to know, is false.
Penalty: 20 penalty units.
(6) It is a prescribed condition of a bingo permit
that—
(a) if the permit expires or is cancelled or
surrendered, and no new permit is issued on
its expiry, cancellation or surrender (as the
case requires), the permit holder must give to
the Commission, within 3 months after the
expiry, cancellation or surrender of the
permit, a return in respect of the period
starting on the preceding 1 July and ending
on the last day of the bingo permit; and
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(b) if the permit expires or is cancelled or
surrendered and a new bingo permit is
issued, the permit holder must include in its
first return under the new bingo permit the
period starting on the preceding 1 July and
ending on the last day of the bingo permit.
67. Sessions, premises etc.
(1) It is a prescribed condition of a bingo permit
that—
(a) a session of bingo games comprises up to
30 games conducted within an 8 hour period;
and
(b) the price of bingo tickets must be the same
for each ticket in a game but may vary from
game to game; and
(c) the gross receipts of a session of bingo
games must not exceed $10 000.
(2) It is a prescribed condition of a bingo permit
that—
(a) the permit and any written authority referred
to in sub-regulation (3) must be
conspicuously displayed at the entrance to
premises in which a session of bingo games
is conducted; and
(b) no charge may be made for admission to
premises for the purpose of playing bingo.
(3) It is a prescribed condition of a bingo permit that
each session of bingo games must be personally
supervised by the responsible person or a person
aged at least 18 years, authorised in writing by the
responsible person, who must—
(a) ensure that bingo games are played only by
people aged at least 18 years; and
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(b) ensure that a running sheet is completed in
accordance with regulation 78(1) in respect
of every bingo game played; and
(c) ensure that prizes are paid as required by
regulation 70; and
(d) perform any other duties required of the
supervisor by the rules of bingo.
(4) It is a prescribed condition of each bingo permit
that not more than 4 sessions of bingo in total may
be conducted by the organisation to which the
permit is issued within any period of
7 consecutive days.
68. Banking
It is a prescribed condition of a bingo permit that
the permit holder pay the gross proceeds from a
session of bingo (less the amount of any jackpot
pool retained for distribution as prize money in a
later session of bingo in a jackpot sequence) into
the account approved by the Commission under
section 8.6.1 of the Act—
(a) if the session was held in a bingo centre,
within 3 days after the day on which the
session was conducted; or
(b) if the session was held in a place other than a
bingo centre, within 5 days after the day on
which the session was conducted; or
(c) within any other period that the Commission
notifies in writing to the permit holder.
69. Unsold tickets
It is a prescribed condition of a bingo permit that
the bingo permit holder must retain unsold bingo
tickets for 6 months after the date of the return
under regulation 66.
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70. Prizes
(1) It is a prescribed condition of a bingo permit that
the amount of prizes distributed—
(a) in a bingo game in a session in respect of
which a jackpot operates must be not less
than 20% of the gross receipts for the game;
and
(b) in a bingo game in a session in respect of
which no jackpot operates must be not less
than 50% and not more than 90% of the
gross receipts for the game; and
(c) in a session of bingo games must be, in
addition to paragraph (a), not less than 50%
and not more than 90% of the gross receipts
for the session; and
(d) in a rolling jackpot sequence must be, in
addition to paragraphs (a) and (c), not less
than 50% and not more than 90% of the
gross receipts for the sequence.
(2) It is a prescribed condition of a bingo permit that
if, during a session of bingo games, a jackpot pool
reaches $10 000, the balance of the pool must be
distributed as prize money in or before the last
game in the session.
(3) It is a prescribed condition of a bingo permit that
if more than one jackpot pool is maintained
concurrently under a permit, one only of the
jackpot pools may be in operation in a session.
(4) It is a prescribed condition of a bingo permit that
prize money won in a bingo game must be paid at
the end of the game—
(a) if the prize is $3000 or less, in cash; or
(b) if the winner requests it or the prize is more
than $3000, by cheque.
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Division 3—Bingo Centres and Employees
71. Information to be published in application for bingo
centre operator's licence
For the purposes of section 8.5.3(2)(b)(i) of the
Act, the prescribed information is—
(a) the name and address of the applicant; and
(b) the address of the bingo centre or proposed
bingo centre.
72. Conditions of bingo centre operator's licence
For the purposes of section 8.5.7(3) of the Act, the
prescribed conditions are—
(a) a bingo centre operator must treat all permit
holders equitably in the allocation of session
times; and
(b) a bingo centre operator must not conduct
more than one session of bingo in the same
room at the same time; and
(c) a bingo centre operator who proposes to
enter into an agreement under section 8.4.6
of the Act with a permit holder must declare
to the governing body of the permit holder
all conflicts between the interests of the
operator of the bingo centre and the interests
of the permit holder.
Division 4—Miscellaneous
73. Contract with bingo centre operator
If the holder of a bingo permit enters into an
agreement under section 8.4.6 of the Act, a
function or duty of the responsible person under
this Part is a function or duty of the bingo centre
operator with whom the agreement is made.
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74. Expenses payable by a bingo permit holder
For the purposes of section 8.4.7 of the Act, the
prescribed maximum amount in relation to each
session of bingo is—
(a) if the session is in a rolling jackpot
sequence—60% of the amount remaining
after deducting from the gross proceeds for
that session the amount paid into the jackpot
pool for distribution as prize money in a later
session in a rolling jackpot sequence; or
(b) in all other cases—60% of the gross
proceeds of the session.
75. Standards for bingo tickets
For the purposes of section 8.4.3(1) of the Act, the
prescribed standards for bingo tickets are—
(a) each bingo ticket in a series—
(i) must have printed on its front, in a grid
of 3 horizontal lines of 5 numbers each,
a unique combination of 15 different
numbers between 1 and 90 (both
inclusive); and
(ii) must have printed on its front or back a
serial number identifying the series,
along with the words "serial number";
and
(b) if a series of bingo tickets is printed in books
of consecutive games—
(i) the books must be consecutively
numbered throughout the series; and
(ii) each game in the series must be printed
on paper of a different colour from the
4 preceding games; and
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(c) there must be a master book or master
electronic table for the series, sufficient to
identify each of the unique combinations
referred to in paragraph (a)(i).
Note: Regulation 75 does not apply to Braille tickets in the
form approved by the Commission.
76. Standards for random number generators
For the purposes of section 8.4.3(3) of the Act, the
prescribed standards are—
(a) a random number generator must be capable
of selecting a number at random from the
numbers 1 to 90 inclusive and incapable of
selecting numbers other than at random; and
(b) a random number generator must be
incapable, within a single bingo game, of
selecting the same number twice.
77. Information in records
For the purposes of section 8.6.2(2) of the Act, the
prescribed information in relation to the holder of
a bingo permit is—
(a) for each bingo game—
(i) except for braille tickets in the form
approved under section 8.4.5 of the
Act—
(A) the serial numbers of the bingo
tickets sold;
(B) the total number of bingo tickets
available to be sold; and
(C) the lowest book number and the
highest book number of bingo
tickets sold (start and finish
selling numbers);
(ii) the number of bingo tickets sold,
excluding braille tickets;
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(iii) the number of charges made under
section 8.4.5(3) of the Act for a
visually-impaired person to enter the
game;
(iv) the gross receipts;
(v) the value of prizes paid and the name of
the winner or winners;
(vi) the gross profit;
(b) for each session of bingo games—
(i) the expenses paid;
(ii) the opening balance of any jackpot pool
and the date from which the jackpot
pool was carried forward;
(iii) the closing balance of any jackpot pool
and the date to which it will be carried
forward;
(iv) the book number of any unsold book
between the lowest book number for
the session and the highest book
number for the session (wasted book
numbers).
78. Running sheets
(1) The supervisor of a session of bingo games must
keep a running sheet containing the information
required to be kept under regulation 77.
(2) No bingo game may be commenced until the
portion of the running sheet relating to the last
previous bingo game has been completed.
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Division 5—Lucky Envelopes
79. Conditions of lucky envelope permit
(1) For the purposes of section 8.3.13(3)(a) of the
Act, this regulation prescribes the conditions in
respect of the sale of lucky envelopes.
(2) Lucky envelopes must not be sold to persons
under the age of 18 years.
(3) The name of the holder of the lucky envelope
permit and the number of the permit must be
clearly visible—
(a) on a receptacle, other than a lucky envelope
vending machine, from which lucky
envelopes are dispensed; and
(b) at the point of sale of lucky envelopes.
(4) Lucky envelopes in respect of which a cash prize
may be payable may only be sold—
(a) on premises licensed under section 8 of the
Liquor Control Reform Act 1998; or
(b) on premises occupied by the executive or
governing body of the permit holder; or
(c) at a bingo centre operated under a bingo
centre operator's licence; or
(d) at a fete, fair, carnival or gymkhana.
(5) The notional value of a series of lucky envelopes
must not exceed $5000.
(6) The value of prizes available to be won in a series
of lucky envelopes must be not less than 50% and
not more than 75% of the notional value of the
series.
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(7) A lucky envelope may only be sold by lucky
envelope vending machine if—
(a) the machine has—
(i) a separate lockable coin or token tray;
and
(ii) a visible distinctive serial number; and
(iii) a coin or token reject or return
mechanism which prevents it from
accepting coins or tokens without
dispensing a lucky envelope; and
(b) the machine is constructed to prevent the
dispensing of a lucky envelope without the
insertion of a coin or token; and
(c) the machine has clearly displayed on it—
(i) the name of the permit holder; and
(ii) the number of the permit; and
(iii) the number of lucky envelopes in the
series to which the lucky envelope
belongs; and
(iv) a list of prizes and winning numbers,
symbols or letters; and
(d) in the case of an electronic lucky envelope
vending machine, in addition to any other
requirement, the machine—
(i) is designed and constructed in such a
way as to prevent physical or electronic
access to a random number generator or
a storage device (including memory) by
a person other than a technician
conducting necessary repairs or
maintenance; and
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(ii) is designed and constructed so that a
purchaser of lucky envelopes cannot
accumulate credits; and
(iii) is constructed so as to count and
permanently record, by means of a
tamper-proof device, each lucky
envelope dispensed; and
(e) the machine is installed on premises—
(i) licensed under section 8 of the Liquor
Control Reform Act 1998; or
(ii) occupied by the executive or governing
body of the permit holder; or
(iii) in a bingo centre operated under a
bingo centre operator's licence.
80. Standards for lucky envelopes
(1) For the purposes of section 8.4.1 of the Act, this
regulation prescribes the standards for lucky
envelopes.
(2) A lucky envelope must be part of a series.
(3) Each series of lucky envelopes, except a lucky
envelope dispensed from an electronic lucky
envelope vending machine, must include and have
published with it by the supplier—
(a) the same predetermined price for each lucky
envelope; and
(b) a predetermined value of prizes and number
of winning lucky envelopes—
which comply with regulation 79.
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(4) Each lucky envelope in a series, other than a lucky
envelope in a punchboard, must have printed on
the outside—
(a) a serial number identifying the series; and
(b) the name of the supplier; and
(c) the name of the holder of the lucky envelope
permit and the number of the permit,
unless—
(i) the name, Australian Company Number
(if any), address and telephone number
of the supplier are printed on each
lucky envelope; and
(ii) the supplier maintains on the supplier's
premises for 3 years after the date on
which the lucky envelopes were
supplied a register of—
(A) the serial number of the series;
and
(B) the name of the holder of the
lucky envelope permit; and
(C) the number of the lucky envelope
permit; and
(D) the date on which the lucky
envelopes were supplied; and
(E) the name of the person to whom
the lucky envelopes were
supplied.
(5) A punchboard must have printed on it the name of
the holder of the lucky envelope permit and the
number of the permit, unless—
(a) the name, Australian Company Number (if
any), address and telephone number of the
supplier are printed on the punchboard; and
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(b) the supplier maintains on the supplier's
premises for 3 years after the date on which
the punchboard was supplied a register of—
(i) the name of the permit holder; and
(ii) the number of the permit; and
(iii) the date on which the punchboard was
supplied; and
(iv) the name of the person to whom the
punchboard was supplied.
(6) Each lucky envelope must have printed on it so as
only to be visible once the lucky envelope has
been dispensed—
(a) symbols, numerals or letters or any
combination of any of them; or
(b) characters referred to in paragraph (a) and, in
the case of a winning ticket, an indication
that the ticket is a winning ticket; or
(c) the description of a prize which the holder is
entitled to claim; or
(d) an indication that the lucky envelope is not a
winning ticket; or
(e) a combination of paragraph (a), (b), (c)
or (d).
(7) If one or more lucky envelopes in a series comply
with sub-regulation (6)(a) or (6)(b), there must be
displayed at the point of sale of the lucky
envelopes (or, in the case of a lucky envelope in a
punchboard, on the punchboard) a legend which
indicates the combinations of characters that
entitle the holder to claim a prize and, if there are
different prizes, the prize to which a particular
combination relates.
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81. Records
For the purposes of section 8.6.2 of the Act, the
prescribed information that must be kept by the
holder of a lucky envelope permit is, in respect of
each series of lucky envelopes sold—
(a) the premises on which the lucky envelopes
were sold;
(b) the name of each person who sold them,
except if the lucky envelopes were sold in—
(i) premises licensed under section 8 of the
Liquor Control Reform Act 1998; or
(ii) premises occupied by the executive or
governing body of the permit holder; or
(iii) a bingo centre operated under a bingo
centre operator's licence;
(c) the notional value, gross receipts and value
of prizes paid;
(d) the amount and nature of expenses incurred
and the people to whom those expenses were
paid;
(e) the number of lucky envelopes not sold.
Division 6—Raffles
82. Conditions of raffle permits
(1) For the purposes of section 8.3.13(3)(a) of the
Act, this regulation prescribes the conditions of a
raffle permit.
(2) The number of tickets printed must not exceed the
number authorised by the raffle permit.
(3) On the sale of a ticket the responsible person must
ensure that a permanent record is made of
sufficient information to identify and locate the
person to whom the ticket is sold.
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(4) Tickets may only be sold during the period
authorised by the raffle permit.
(5) A ticket in the raffle may only be a ticket in
another raffle if authorised by the raffle permit.
(6) The following must be printed on each ticket—
(a) the name of the holder of the raffle permit;
and
(b) the raffle permit number; and
(c) the ticket price and the maximum number of
tickets authorised by the raffle permit; and
(d) a description of each prize and its value; and
(e) when and where the raffle will be drawn and
the method of publication or notification of
the results.
(7) The raffle must be drawn on the day authorised by
the raffle permit.
(8) The method of the draw must allow each ticket in
the draw a random and equal chance of being
drawn.
(9) If there is more than one prize, the first ticket
drawn must win the first prize.
(10) Unless authorised by the raffle permit, a ticket
which has been drawn is not eligible to be drawn
again.
(11) The results of the draw must be published in
accordance with the method of publication or
notification printed on the tickets.
(12) If a winner is present at the draw or is otherwise
readily identified, the holder of the raffle permit
must pay or otherwise transfer the prize to the
winner within 28 days after the draw.
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(13) A book-buyer's prize must not be offered or paid
unless the raffle permit authorises a book-buyer's
prize.
(14) A person who sells tickets in the raffle—
(a) must be expressly or by necessary
implication authorised by the holder of the
raffle permit or responsible person to do so;
and
(b) may only be remunerated (whether by way
of a ticket seller's prize or otherwise) in
accordance with a condition imposed by the
Commission under section 8.3.13(3)(b) of
the Act.
(15) If—
(a) the responsible person is not an employee of
the holder of the raffle permit and will
receive payment other than reasonable out of
pocket expenses; or
(b) the holder of the raffle permit or the
responsible person has an agreement or
arrangement with a person (other than an
employee of the permit holder) to promote or
conduct the raffle for reward—
that fact (including the name and, if applicable,
Australian Company Number of the responsible
person or the person promoting or conducting the
raffle for reward) must be printed—
(c) on every ticket; or
(d) on all material advertising the raffle.
(16) If the raffle is a raffle to which section 8.2.5(1) of
the Act applies, every ticket in the raffle must
state that all or part of the proceeds of the raffle
are to be paid to or for the purposes of a political
party and must name that political party.
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83. Conditions for raffles where raffle permit not
required
(1) For the purposes of section 8.2.3 of the Act, the
conditions set out in this regulation are prescribed.
(2) A person may only conduct a raffle referred to in
section 8.2.3 of the Act with the written authority
of the governing body of the community or
charitable organisation to benefit from the raffle.
(3) The conditions in relation to tickets in a raffle for
which a raffle permit is not required are—
(a) the period during which tickets are sold must
not exceed 3 months;
(b) the value of the total number of tickets
available for sale must not be greater than
6 times and not less than twice the value of
all of the prizes;
(c) unless the raffle is a small raffle, on the sale
of a ticket the person conducting the raffle
must ensure that a permanent record is made
of sufficient information to identify and
locate the person to whom the ticket is sold;
(d) a ticket in a raffle must not be a ticket in
another raffle;
(e) unless the raffle is a small raffle, the
following must be printed on each ticket—
(i) the name of the community or
charitable organisation to benefit from
the raffle; and
(ii) the ticket price; and
(iii) a description of each prize and its
value; and
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(iv) the location, the date and the time at
which the raffle will be drawn and the
method of publication or notification of
the results.
(4) Tickets for a small raffle may be—
(a) a blank raffle book numbered on both the
butt and the ticket; or
(b) in the case of a raffle where the method of
the draw is to be a spinning wheel, buttless
numbered tickets from a perforated ticket
sheet having no more numbers than there are
divisions on the wheel.
(5) The conditions in relation to the drawing of a
raffle for which a raffle permit is not required
are—
(a) unless the raffle is a small raffle, the raffle
must be drawn on the day printed on the
ticket, being a day not more than 14 days
after the proposed last ticket sale; and
(b) the method of the draw must allow each
ticket in the draw a random and equal chance
of being drawn; and
(c) if there is more than one prize, the first ticket
drawn must win the first prize; and
(d) unless the raffle is a small raffle, a ticket
which has been drawn is not eligible to be
drawn again; and
(e) unless the raffle is a small raffle, the results
of the draw must be published or notified in
accordance with the method of publication or
notification printed on the tickets.
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(6) In addition to sub-regulation (5), the conditions in
relation to the drawing of a small raffle are—
(a) if—
(i) a ticket butt is drawn to win a prize;
and
(ii) the person to whom the ticket was sold
cannot be identified from the butt; and
(iii) no person comes forward to claim the
prize within a reasonable period after
the draw is loudly proclaimed—
the raffle must be drawn again, without the
ticket butt; and
(b) if the method of the draw is a spinning wheel
and—
(i) there is no ticket butt; or
(ii) there is a ticket butt and the person to
whom a ticket was sold cannot be
identified from the butt; or
(iii) the wheel has come to rest on a number
for which a ticket may not have been
sold—
and no person comes forward to claim the
prize within a reasonable period after the
draw is loudly proclaimed, the wheel must
be spun again.
(7) If a winner was present at the draw or is otherwise
readily identified, the community or charitable
organisation to benefit from the raffle must pay or
otherwise transfer the prize to the winner within
28 days after the draw.
(8) A book-buyer's prize must not be offered or paid.
(9) A person who sells tickets must not be
remunerated in respect of that activity.
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(10) If—
(a) the person who conducts a raffle is not an
employee of the community or charitable
organisation to benefit from the raffle and
will receive payment for conducting the
raffle (other than reimbursement of
reasonable out of pocket expenses); or
(b) the person who conducts a raffle or the
community or charitable organisation to
benefit from the raffle has an agreement or
arrangement with another person (other than
an employee of the community or charitable
organisation) to conduct or promote the
raffle for reward—
that fact (including the name and, if applicable,
Australian Company Number of the person
receiving the payment or the person conducting or
promoting the raffle for reward) must be printed—
(c) on every ticket; or
(d) on all material advertising the raffle.
(11) If the raffle is a raffle to which section 8.2.5(1) of
the Act applies, every ticket in the raffle must
state that all or part of the proceeds of the raffle
are to be paid to or for the purposes of a political
party and must name that political party.
(12) The person conducting a raffle must ensure that
accurate records are kept for a period of 3 years
after finalisation of the raffle of—
(a) the disposition of funds; and
(b) unless the raffle is a small raffle, all tickets
which have been printed; and
(c) the distribution of prizes.
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84. Records
For the purposes of section 8.6.2 of the Act, the
prescribed information that must be kept by the
holder of a raffle permit is—
(a) the manner in which tickets in the raffle were
sold and how ticket sales were publicised;
and
(b) the names of the people to whom tickets
were issued for sale and, for each person,
how many tickets were sold, how many
tickets were returned and how much money
was remitted; and
(c) when and how the raffle was drawn; and
(d) the names and addresses of the winners and a
description (including the value) of their
respective prizes.
85. Disposal of unclaimed prizes in a raffle
(1) If—
(a) a winner does not claim a prize in a raffle;
and
(b) the person who conducted the raffle cannot,
after reasonable efforts to do so, find a
winner of the prize—
the community or charitable organisation to
benefit from the raffle—
(c) must ensure that the prize is retained for
12 months after the draw; or
(d) if the prize is livestock or property of a
perishable nature, may sell the prize in a way
that brings a reasonable price and retain the
proceeds (after deducting the reasonable
costs of the sale) for 12 months after the
draw.
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(2) If a prize or proceeds of the sale of a prize
retained under sub-regulation (1) remain
unclaimed after a period of 12 months after the
draw of the raffle, the community or charitable
organisation must sell or otherwise dispose of the
prize if this has not already been done and must
pay the proceeds (after deducting the reasonable
costs of the sale or disposal) to the Treasurer for
payment into the Consolidated Fund.
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PART 8—DUTIES OF GAMING INDUSTRY EMPLOYEES
86. Duties of a gaming industry employee working for a
venue operator or a gaming operator
For the purposes of section 9A.1.2(1)(a) of the
Act, the prescribed duties of a gaming industry
employee employed by or working for a venue
operator or a gaming operator are—
(a) to investigate gaming machine irregularities
and disputes players have about a gaming
machine and report them to the gaming
operator;
(b) to validate a win by a player on a gaming
machine;
(c) to pay prizes and refunds;
(d) to provide gaming tokens to players, redeem
gaming tokens for players and physically or
electronically store gaming tokens;
(e) to possess and issue gaming equipment keys
to other persons holding a gaming industry
employee's licence;
(f) to access the locked area of a gaming
machine;
(g) to maintain accounts and perform
reconciliations in relation to returns and
payments required under the Act;
(h) to secure data within gaming equipment
relating to games and gaming, the electronic
monitoring system and player accounts;
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(i) in relation to gaming equipment software—
(i) to program the software;
(ii) to prepare, collate and access
documentation in relation to the
software;
(iii) to secure the software;
(j) to transfer gaming equipment software into
operational mode;
(k) to vary a gaming machine or game in
accordance with an approval given under
section 3.5.5 of the Act;
(l) to manually activate or re-activate a gaming
machine or game approved under section
3.5.4 of the Act.
(m) to supervise persons carrying out any of the
duties referred to in paragraphs (a) to (l).
87. Functions of a gaming industry employee in a bingo
centre
For the purposes of section 9A.1.2(1)(b) of the
Act, the prescribed functions of a gaming industry
employee in a bingo centre are—
(a) selling bingo tickets;
(b) writing up running sheets;
(c) checking back numbers on bingo tickets;
(d) paying prizes;
(e) supervising persons performing any of the
functions referred to in paragraphs (a) to (d).
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88. Other duties of a gaming industry employee
For the purposes of section 9A.1.2(1)(g) of the
Act, the prescribed duties of a gaming industry
employee are—
(a) to install gaming equipment;
(b) to connect gaming equipment to an
electronic monitoring system at the premises
of a gaming operator or at an approved
venue;
(c) to supervise persons carrying out any of the
duties referred to in paragraphs (a) and (b).
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PART 9—FEES
Division 1—Gaming Machines
89. Application for approval of premises
For the purposes of section 3.3.4(2) of the Act, the
prescribed fee to accompany an application for an
approval of premises is 423 fee units.
90. Application for venue operator's licence
For the purposes of section 3.4.8(2) of the Act, the
prescribed fee to accompany an application for a
venue operator's licence is 160⋅5 fee units.
91. Application for renewal of venue operator's licence
For the purposes of section 3.4.16(2) of the Act,
the prescribed fee to accompany an application for
a new venue operator's licence is 154 fee units.
92. Application for amendment of venue operator's
licence
For the purposes of section 3.4.18(1)(b) of the
Act, the prescribed fee for an application for
amendment of a venue operator's licence is—
(a) in the case of an amendment under section
3.4.17(1)(a) of the Act, being the addition of
an approved venue, 27 fee units;
(b) in the case of an amendment under section
3.4.17(1)(b) of the Act—
(i) being an increase in the number of
gaming machines permitted in an
approved venue, 513 fee units;
(ii) being a decrease in the number of
gaming machines permitted in an
approved venue, 21 fee units;
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(c) in the case of an amendment under section
3.4.17(1)(c) of the Act, being a variation of
the gaming machine areas approved for an
approved venue, 29⋅5 fee units;
(d) in the case of an amendment under section
3.4.17(1)(d) of the Act, being a variation of
the days or dates on which 24 hour gaming is
permitted in an approved venue, 326⋅5 fee
units;
(e) in the case of an amendment under section
3.4.17(2) of the Act, being the addition of a
condition specifying days or dates on which
24 hour gaming is permitted in an approved
venue when none currently takes place,
326.5 fee units.
93. Application for listing on Roll
For the purposes of section 3.4.61(2)(a) of the
Act, the prescribed fee to accompany an
application for listing on the Roll is 390⋅5 fee
units.
94. Evaluation of a gaming machine type or game
For the purposes of section 3.5.4(1) of the Act, the
prescribed fee for evaluation of a gaming machine
type or game is 30 fee units.
Division 2—Community and Charitable Gaming
95. Minor gaming permit
For the purposes of section 8.3.12(2)(e) of the
Act, the prescribed fee to accompany an
application for a minor gaming permit is 3⋅5 fee
units.
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96. Amendment of conditions of minor gaming permit
For the purposes of section 8.3.17(2)(a)(iii) of the
Act, the prescribed fee for a proposed amendment
to the conditions of a minor gaming permit is
2 fee units.
97. Bingo centre operators
(1) For the purposes of section 8.5.3(1) of the Act, the
prescribed fee to accompany an application for a
bingo centre operator's licence is 153 fee units.
(2) For the purposes of section 8.5.11(1) of the Act,
the prescribed fee for renewal of a bingo centre
operator's licence is 142 fee units.
Division 3—Miscellaneous Gaming
98. Calcutta Sweepstakes
For the purposes of section 2.2.9(2) of the Act, the
prescribed fee to accompany an application for
approval to conduct Calcutta Sweepstakes is
3⋅5 fee units.
Division 4—Trade Promotion Lotteries
99. Application for permit to conduct trade promotion
lottery
For the purposes of section 5.7.3(2)(d) of the Act,
the prescribed fee to accompany an application for
a permit to conduct a trade promotion lottery is
26 fee units.
100. Amendment of conditions of permit
For the purposes of section 5.7.9(3) of the Act, the
prescribed fee to accompany a proposal by a
permit holder for an amendment to the conditions
of a permit to conduct a trade promotion lottery is
16 fee units.
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Division 5—Interactive Gaming
101. Interactive gaming licence
For the purposes of section 7.3.1(2)(b) of the Act,
the prescribed fee to accompany an application for
an interactive gaming licence is 388 fee units.
102. Endorsement of interactive gaming licence
For the purposes of section 7.3.15(2)(b) of the
Act, the prescribed fee is 124⋅5 fee units.
Division 6—Gaming Industry Employees
103. Application for gaming industry employee's licence
For the purposes of section 9A.1.4(3)(a) of the
Act, the prescribed fee is 12 fee units.
104. Application for replacement identification
For the purposes of section 9A.1.8(4)(b) of the
Act, the prescribed fee is 2 fee units.
105. Application for renewal of gaming industry
employee's licence
For the purposes of section 9A.1.11(2) of the Act,
the prescribed fee is 5 fee units.
106. Application for a gaming industry employee's
licence by a casino special employee licensed under
the Casino Control Act 1991
For the purposes of section 9A.1.21(2)(a) of the
Act, the prescribed fee is 4 fee units.
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PART 10—MISCELLANEOUS
107. Disclosure of protected information
For the purposes of section 10.1.34(1)(a) of the
Act, the authorities and persons listed in
Schedule 5 are prescribed.
108. Performance of Commission's functions
A function of the Commission under these
Regulations may be performed by the Executive
Commissioner.
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SCHEDULES
SCHEDULE 1
Regulation 7
DIAGRAM 1
GAMING MACHINE WITH TOP BOX
Sch. 1
Top Box
Art Work
Video Screen
Button Panel
Base
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DIAGRAM 2
GAMING MACHINE WITHOUT TOP BOX
__________________
Sch. 1
Base
Button Panel
Video Screen
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SCHEDULE 2
Regulations 12 and 13
LIGHTING REQUIREMENTS
1. The minimum level of horizontal illuminance measured 0·3 metres in
front of the base of an electronic gaming machine and 1·5 metres above
floor level is 50 lux.
2. The average horizontal illuminance in general areas measured 1·5 metres
above the floor of the general area is a minimum level of 40 lux.
3. The minimum level of horizontal illuminance in general areas measured
at 1·5 metres above the floor of the general area is 20 lux.
4. The minimum level of vertical illuminance measured to the left and the
right side and perpendicular to the screen of a gaming machine, at
0·3 metres in front of the base of the gaming machine and 1·5 metres
above floor level, is 30 lux.
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SCHEDULE 3
Regulation 51
Statement of Money Paid into *TOTALISATOR OR
APPROVED BETTING
COMPETITION
Name of Race meeting or event Date of meeting or
event
I certify that the above is a true account of sums received through the
totalisator or approved betting competition in relation to this meeting or
event.
Chief Executive Officer
Dated
* This form to be used for all totalisators and approved betting competitions.
__________________
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SCHEDULE 4
Regulation 65
THE RULES OF BINGO
1. Versions of bingo etc.
(1) Only one of the following versions may be played in a game
of bingo—
(a) Version 1: The game is won by the first player to—
(i) have all the numbers in the top horizontal line
of numbers on his or her ticket announced by
the caller; and
(ii) call "line" or "bingo" or make an audible noise
or have another person call "line" or "bingo" on
his or her behalf after the caller finishes calling
the number but before the next number is
called;
(b) Version 2: The game is won by the first player to—
(i) have all the numbers in the middle horizontal
line of numbers on his or her ticket announced
by the caller; and
(ii) call "line" or "bingo" or make an audible noise
or have another person call "line" or "bingo" on
his or her behalf after the caller finishes calling
the number but before the next number is
called;
(c) Version 3: The game is won by the first player to—
(i) have all the numbers in the bottom horizontal
line of numbers on his or her ticket announced
by the caller; and
(ii) call "line" or "bingo" or make an audible noise
or have another person call "line" or "bingo" on
his or her behalf after the caller finishes calling
the number but before the next number is
called;
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(d) Version 4: The game is won by the first player to—
(i) have all the numbers on his or her ticket
announced by the caller; and
(ii) call "line" or "bingo" or make an audible noise
or have another person call "line" or "bingo" on
his or her behalf after the caller finishes calling
the number but before the next number is
called;
(e) Version 5: The game is won by the first player to—
(i) have all the numbers on any one of the three
horizontal lines on his or her ticket announced
by the caller; and
(ii) call "line" or "bingo" or make an audible noise
or have another person call "line" or "bingo" on
his or her behalf after the caller finishes calling
the number but before the next number is
called.
(2) If 2 of more players win a bingo game, they share the prize
as joint winners.
(3) If a player, on the announcement of a number that entitles
the player to declare himself or herself a winner, fails to do
so, the player is taken to have forfeited the bingo game.
(4) If a player incorrectly declares himself or herself a winner,
that player is permitted to continue to play the bingo game.
(5) If an incorrect number is announced, that incorrect
announcement, for the purpose of determining the winner of
a bingo game, is taken not to have been made.
2. Duties of the caller and the supervisor
(1) A person must be appointed a caller and another person
(subject to regulation 67(3), the responsible person on the
permit) must be appointed as supervisor for each bingo
game.
(2) The caller and the supervisor must not participate as players
during the bingo game.
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(3) The caller must—
(a) before the commencement of the first bingo game in a
session of bingo—
(i) announce which of the versions specified in
rule 1 will be played; and
(ii) announce that the count back of the numbers on
the tickets can be made by the supervisor or
another person in the presence of an
independent player; and
(iii) announce that it is a duty of the supervisor to
determine any disputes about the playing of
bingo; and
(b) randomly select numbers from—
(i) a random number generator; or
(ii) a receptacle containing 90 balls numbered
consecutively from 1 to 90; and
(c) announce each selected number; and
(d) if numbers are being selected from a receptacle as
specified in paragraph (b)(ii), hand the selected
numbered ball to the supervisor.
(4) The supervisor must—
(a) cause a visual representation of each selected number
to be displayed in such a way that it is clearly visible
to all players until the end of the game; and
(b) cause to be displayed a visual representation of the
serial numbers (if any) and the first and last ticket
book numbers (if any) for the game; and
(c) if the numbers are being selected from a receptacle as
specified in sub-rule (3)(b)(ii), check that the number
has been correctly announced by the caller and place
it on a rack which is clearly visible to all players until
the end of the game; and
(d) determine any disputes about the playing of a game of
bingo that is played during any session he or she is
supervising.
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(5) The supervisor must determine the winner of the bingo
game by undertaking the following steps or by causing them
to be undertaken by another person—
(a) collecting the winning bingo ticket from each player
who has declared himself or herself to be a winner;
and
(b) confirming the serial number (if any) and the ticket
book number (if any) of the ticket; and
(c) confirming that the ticket was sold for play in the
relevant game; and
(d) calling back the numbers on the ticket are called back
against the numbers called, in the presence of an
independent player.
(6) If the caller or the supervisor becomes aware that an error
has been made in the calling or display of numbers, he or
she must immediately make an announcement correcting the
error.
3. Jackpots
(1) Part of the gross receipts of one or more bingo games in a
session may be held in a jackpot pool for distribution as
prize money—
(a) in a later game in that session; or
(b) in a game in a later session in a rolling jackpot
sequence.
(2) Before the commencement of the first bingo game in a
session of bingo games in respect of which a jackpot will
operate, the caller must announce—
(a) the game or games in which some or all of the jackpot
pool will be distributed and the method of
distribution; and
(b) if the jackpot is part of a rolling jackpot, the date of
the session from which the jackpot pool is carried
forward and the balance carried forward from that
session.
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(3) After the last bingo game in a session of bingo games in a
rolling jackpot sequence, the caller must announce—
(a) the closing balance of the jackpot pool; and
(b) the time, date and place of the next session in the
sequence.
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SCHEDULE 5
Regulation 107
AUTHORITIES AND PERSONS TO WHOM PROTECTED
INFORMATION MAY BE DISCLOSED—SECTION 10.1.34
Australia
Chief Executive Officer, Australian Customs Service
Commissioner, Australian Taxation Office
Commissioner for Revenue, Australian Capital Territory
Chairperson, Liquor Administration Board, New South Wales
Chairman, Northern Territory Licensing Commission
Director, Liquor Licensing, Victoria
United States of America
Secretary, Department of Treasury, United States of America
Assistant Secretary, US Immigration and Customs Enforcement, Department
of Homeland Security
Chairman, United States Postal Service
═══════════════
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ENDNOTES
1 Reg. 4: S.R. No. 78/2004.
——
Table of Applied, Adopted or Incorporated Matter Required by
Subordinate Legislation Regulations 2004
Note that the following table of applied, adopted or incorporated matter is
included in accordance with the requirements of regulation 5 of the Subordinate
Legislation Regulations 2004.
Statutory Rule
Provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulations 5(1),
16(1), 17(1), 18(1)
Specifications for printed
information for players of
gaming machines as published
by the Minister on the
Commission's website from
time to time
The whole
of the
Specifications
——
Fee Units
These Regulations provide for fees by reference to fee units established under
the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that
Act, by multiplying the number of fee units applicable by the value of a fee
unit.
The value of a fee unit for the financial year commencing 1 July 2005, is
$10.49. The amount of the calculated fee may be rounded to the nearest
10 cents.
The value of a fee 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
fee unit for a financial year must be published in the Government Gazette and
a Victorian newspaper before 1 June in the preceding financial year.
Endnotes
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