Gaming Machine Control (Loyalty Schemes) Regulations 2003

i Gaming Machine Control (Loyalty Schemes) Regulations 2003 S.R. No. 76/2003 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objective 1 2. Authorising provision 1 3. Commencement 2 4. Definitions 2 5. Loyalty scheme provider may set a day 2 PART 2—WRITTEN STATEMENTS 3 6. Information to be contained in written statement 3 PART 3—PLAYER ACTIVITY STATEMENTS 4 7. Information to be contained in a player activity statement 4 ═══════════════ ENDNOTES 11 -- 1 of 12 -- 1 STATUTORY RULES 2003 S.R. No. 76/2003 Gaming Machine Control Act 1991 Gaming Machine Control (Loyalty Schemes) Regulations 2003 The Governor in Council makes the following Regulations: Dated: 24 June 2003 Responsible Minister: JOHN PANDAZOPOULOS Minister for Gaming HELEN DOYE Clerk of the Executive Council PART 1—PRELIMINARY 1. Objective The objective of these Regulations is to make provision for— (a) the prescribed information to be contained in the written statement that is given to a person before that person participates in a loyalty scheme; and (b) the prescribed information to be contained in player activity statements provided to participants in relation to their gaming activity under the scheme. 2. Authorising provision These Regulations are made under section 159 of the Gaming Machine Control Act 1991. -- 2 of 12 -- Part 1—Preliminary Gaming Machine Control (Loyalty Schemes) Regulations 2003 S.R. No. 76/2003 2 3. Commencement (1) These Regulations (except paragraph (d) of regulation 7(1)) come into operation on 1 July 2003. (2) Paragraph (d) of regulation 7(1) comes into operation on 1 January 2004. 4. Definitions In these Regulations— "day" means a period of 24 hours set by the loyalty scheme provider under regulation 5; "Minister's standards" means the Standards for Gaming Machine Player Information as published and amended by the Minister from time to time; Note: Copies of the Minister's standards are available from the Office of Gambling Regulation; "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 system stops recording the participant's activity on the gaming machine; "statement period" means the period to which a player activity statement relates; "the Act" means the Gaming Machine Control Act 1991. 5. Loyalty scheme provider may set a day For the purposes of a player activity statement, a loyalty scheme provider may set any period of 24 hours to be a day. __________________ r. 3 -- 3 of 12 -- Part 2—Written Statements Gaming Machine Control (Loyalty Schemes) Regulations 2003 S.R. No. 76/2003 3 PART 2—WRITTEN STATEMENTS 6. Information to be contained in written statement For the purposes of section 82A(1)(a)(ii) of the Act, the prescribed information to be contained in the written statement that is given to a person before that person participates in a loyalty scheme is— (a) the information contained in that part of the Minister's standards that applies to brochures; and (b) a statement to the effect that, under section 82A(3) of the Act, any new limit set by a participant under section 82A(2) 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; and (c) a statement to the effect that, under section 82F(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 may be charged for the provision of the information. Note: Section 82A(1)(a)(i) of the Act requires that the written statement must also inform a participant in a loyalty scheme that the participant may, at any time, set time and loss limits as provided by that section. __________________ r. 6 -- 4 of 12 -- Part 3—Player Activity Statements Gaming Machine Control (Loyalty Schemes) Regulations 2003 S.R. No. 76/2003 4 PART 3—PLAYER ACTIVITY STATEMENTS 7. Information to be contained in a player activity statement (1) For the purposes of section 82B(1) of the Act, the prescribed information to be contained in a player activity statement that is provided to a participant in a loyalty scheme is— (a) the name of the participant; and (b) the number or other identifier of the player loyalty card or account assigned to the participant by the loyalty scheme provider; and (c) the statement period; and (d) at the time of preparation of the statement, the time and loss limits (if any) set by the participant ; and (e) in respect of all times during the statement period at which 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 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); and r. 7 -- 5 of 12 -- Part 3—Player Activity Statements Gaming Machine Control (Loyalty Schemes) Regulations 2003 S.R. No. 76/2003 5 (f) the information specified in paragraph (e) in respect of each calendar month during the statement period; and (g) a statement to the effect that a participant may cease participating in the loyalty scheme by notifying the loyalty scheme provider in the manner described in the player activity statement; and (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 in the manner described in the player activity statement; and Note: Section 82A(2) of the Act provides that a participant in a loyalty scheme may at any time, by notifying the loyalty scheme provider, set a limit on the amount of time the participant may play games under the scheme and a limit on the net loss on games played under the scheme. (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; and (j) the time at which a day set by the provider under regulation 5 starts; and (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; and r. 7 -- 6 of 12 -- Part 3—Player Activity Statements Gaming Machine Control (Loyalty Schemes) Regulations 2003 S.R. No. 76/2003 6 (l) the statement "Excessive gambling may cause financial problems for some people"; and (m) the name and telephone number of an organisation from which problem gambling assistance may be obtained; and (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 may be charged for the provision of the information; and (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 within one dollar, in each session of playing a gaming machine and that the accuracy of this amount is also dependant 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-regulation (1)(l) and (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). r. 7 -- 7 of 12 -- Part 3—Player Activity Statements Gaming Machine Control (Loyalty Schemes) Regulations 2003 S.R. No. 76/2003 7 (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 within one dollar. 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: 01/03/04 to 30/09/04 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) r. 7 -- 8 of 12 -- Part 3—Player Activity Statements Gaming Machine Control (Loyalty Schemes) Regulations 2003 S.R. No. 76/2003 8 Notes: 1. In this statement, a day starts at 4.00 am. 2. This activity statement only shows 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 is a summary of your gaming activity for the period shown. More detailed information may be obtained by contacting the loyalty scheme provider as described in this statement A charge may apply for provision of more detailed information. 4. You may cease participating in this loyalty scheme by contacting the loyalty scheme provider as described in this statement. 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 as described in this statement. 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. * (Note: the requirement to include this information in the statement does not come into operation until 1 January 2004.) 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. r. 7 -- 9 of 12 -- Part 3—Player Activity Statements Gaming Machine Control (Loyalty Schemes) Regulations 2003 S.R. No. 76/2003 9 Player Activity Statement for Ms J Smith Statement Period: 01/03/04 to 30/09/04 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 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 am. 2. This activity statement only shows 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 within one 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. r. 7 -- 10 of 12 -- Part 3—Player Activity Statements Gaming Machine Control (Loyalty Schemes) Regulations 2003 S.R. No. 76/2003 10 5. This statement is a summary of your gaming activity for the period shown. More detailed information may be obtained by contacting the loyalty scheme provider as described in this statement. A charge may apply for provision of more detailed information. 6. You may cease participating in this loyalty scheme by contacting the loyalty scheme provider as described in this statement. 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 as described in this statement. 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. * (Note: the requirement to include this information in the statement does not come into operation until 1 January 2004.) ═══════════════ r. 7 -- 11 of 12 -- Gaming Machine Control (Loyalty Schemes) Regulations 2003 S.R. No. 76/2003 11 ENDNOTES Table of Applied, Adopted or Incorporated Matter Required by Subordinate Legislation Regulations 1994 Note that the following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 6 of the Subordinate Legislation Regulations 1994. Statutory Rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 6(a) Standards for Gaming Machine Player Information as published and amended by the Minister from time to time That part of the Standards that applies to brochures. Endnotes -- 12 of 12 --