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Gaming Machine Control (Responsible Gambling) (Lighting and Views) Regulations 2001

Legislation · Victoria · 2020
i Gaming Machine Control (Responsible Gambling) (Lighting and Views) Regulations 2001 S.R. No. 168/2001 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objective 1 2. Authorising provisions 1 3. Commencement 1 4. Definitions 2 5. Measuring illuminance 3 PART 2—PROPER LIGHTING 4 6. Lighting in gaming machine areas of approved venues 4 7. Lighting in gaming machine areas of casino 4 8. Director may direct compliance with regulations 6 and 7 4 9. Director may close gaming machine area for gaming 5 PART 3—EXTERNAL VIEWS 6 10. Windows not to be removed or obscured—approved venues 6 11. Windows not to be removed or obscured—casino 6 __________________ SCHEDULE—Lighting requirements 8 ═══════════════ -- 1 of 9 -- 1 STATUTORY RULES 2001 S.R. No. 168/2001 Gaming Machine Control Act 1991 Gaming Machine Control (Responsible Gambling) (Lighting and Views) Regulations 2001 The Governor in Council makes the following Regulations: Dated: 18 December 2001 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 foster responsible gambling by requiring— (a) proper levels of lighting in gaming machine areas of approved venues and the casino; and (b) the retention of existing external views in gaming machine areas of approved venues and the casino. 2. Authorising provisions These Regulations are made under section 159 of the Gaming Machine Control Act 1991. 3. Commencement -- 2 of 9 -- S.R. No. 168/2001 Gaming Machine Control (Responsible Gambling) (Lighting and Views) Regulations 2001 2 These Regulations come into operation on 2 January 2002. 4. Definitions (1) In these Regulations— "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; "gaming machine area of a casino" means an area in a casino determined by the Director under sub-regulation (2); "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; "general area" means an area in a gaming machine area of an approved venue or casino where players can walk or sit away from gaming machines; "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 r. 3 -- 3 of 9 -- S.R. No. 168/2001 Gaming Machine Control (Responsible Gambling) (Lighting and Views) Regulations 2001 3 half-holiday appointed under the Public Holidays Act 1993. (2) The Director may determine an area in a casino to be a gaming machine area of the casino for the purposes of these Regulations if the Director considers that the area is devoted primarily to the playing of gaming machines. (3) In determining an area in a casino to be a gaming machine area, the Director may have regard to the plans, diagrams and specifications for the casino approved by the Director of Casino Surveillance under section 59 of the Casino Control Act 1991. 5. 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. _______________ r. 5 -- 4 of 9 -- S.R. No. 168/2001 Gaming Machine Control (Responsible Gambling) (Lighting and Views) Regulations 2001 4 PART 2—PROPER LIGHTING 6. Lighting in gaming machine areas of approved venues At any time when a gaming machine is available for gaming in an approved venue on or after 2 July 2002, the lighting in the gaming machine area of the venue in which the gaming machine is situated must comply with the Schedule. 7. Lighting in gaming machine areas of casino At any time when a gaming machine is available for gaming in a casino on or after 2 July 2002, the lighting in the gaming machine area of the casino in which the gaming machine is situated must comply with the Schedule. 8. Director may direct compliance with regulations 6 and 7 (1) If the Director considers that the lighting in a gaming machine area of an approved venue does not comply with regulation 6, the Director may, by notice in writing, direct the venue operator to comply with that regulation by the time specified in the notice, being at least 24 hours after the notice is given to the venue operator. (2) If the Director considers that the lighting in a gaming machine area of a casino does not comply with regulation 7, the Director may, by notice in writing, direct the casino operator to comply with that regulation within the time specified in the notice, being at least 24 hours after the notice is given to the casino operator. (3) A notice under sub-regulation (1) or (2) must— (a) set out the reasons for the decision to give the notice; and r. 6 -- 5 of 9 -- S.R. No. 168/2001 Gaming Machine Control (Responsible Gambling) (Lighting and Views) Regulations 2001 5 (b) state that the gaming machine area may be closed for gaming if the lighting in the gaming machine area does not comply with regulation 6 or 7 (as the case requires) within the time specified in the notice. (4) If a notice is given to a venue operator or casino operator under sub-regulation (1) or (2), the venue operator or casino operator must ensure that the lighting in the gaming machine area complies with regulation 6 or 7 (as the case requires) within the time specified in the notice. Penalty: 20 penalty units. 9. Director may close gaming machine area for gaming (1) If the Director considers that a venue operator or casino operator has failed to comply with regulation 8(4), the Director may, by notice in writing, direct the venue operator or casino operator to close the gaming machine area for gaming. (2) A venue operator or casino operator must comply with a notice under sub-regulation (1), until such time as the lighting in the gaming machine area complies with regulation 6 or 7 (as the case requires). Penalty: 20 penalty units. _______________ r. 9 -- 6 of 9 -- S.R. No. 168/2001 Gaming Machine Control (Responsible Gambling) (Lighting and Views) Regulations 2001 6 PART 3—EXTERNAL VIEWS 10. Windows not to be removed or obscured—approved venues (1) A venue operator other than a casino 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. (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. 11. 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 a gaming machine area of the casino, 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 r. 10 -- 7 of 9 -- S.R. No. 168/2001 Gaming Machine Control (Responsible Gambling) (Lighting and Views) Regulations 2001 7 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. __________________ r. 11 -- 8 of 9 -- S.R. No. 168/2001 Gaming Machine Control (Responsible Gambling) (Lighting and Views) Regulations 2001 8 SCHEDULE Regulations 6 and 7 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. ═══════════════ Sch. -- 9 of 9 --