Gaming No. 2 (General) Regulations 1998

i Gaming No. 2 (General) Regulations 1998 S.R. No. 27/1998 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provisions 1 3. Commencement 2 4. Definition 2 5. Sporting or recreational club or association 2 6. Prescribed standards and conditions for devices and games 3 7. Prescribed authorities and persons 4 __________________ SCHEDULE—Prescribed Authorities and Persons 5 ═══════════════ -- 1 of 9 -- 1 STATUTORY RULES 1998 S.R. No. 27/1998 Gaming No. 2 Act 1997 Gaming No. 2 (General) Regulations 1998 The Governor in Council makes the following Regulations: Dated: 24 March 1998 Responsible Minister: ROGER M. HALLAM Minister for Gaming CON CHARA Acting Clerk of the Executive Council 1. Objectives The objectives of these Regulations are to prescribe— (a) the kinds of sporting or recreational clubs or associations for the purposes of declaring the club or association to be a community or charitable organisation within the meaning of the Gaming No. 2 Act 1997; (b) the standards and conditions for devices and games at certain venues; (c) the authorities and persons to whom specified information may be divulged under that Act. 2. Authorising provisions These Regulations are made under sections 4(1)(b), 9(a), 104 and 105 of the Gaming No. 2 Act 1997. -- 2 of 9 -- S.R. No. 27/1998 Gaming No. 2 (General) Regulations 1998 2 3. Commencement These Regulations come into operation on 31 March 1998. 4. Definition In these Regulations, "Act" means Gaming No. 2 Act 1997. 5. Sporting or recreational club or association For the purposes of section 4(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 r. 3 -- 3 of 9 -- S.R. No. 27/1998 Gaming No. 2 (General) Regulations 1998 3 (g) it issues cheques signed by not less than 2 authorised officers; and (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 (a) of the definition of "community purpose" in the Act; or (iii) a community or charitable organisation. 6. Prescribed standards and conditions for devices and games For the purposes of section 9(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 Gaming Machine Control Act 1991; (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 r. 6 -- 4 of 9 -- S.R. No. 27/1998 Gaming No. 2 (General) Regulations 1998 4 (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; (d) if the device or game is not a spinning wheel— (i) there is no systematic 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. 7. Prescribed authorities and persons For the purposes of section 104(3)(b) of the Act, the prescribed authorities and prescribed persons are those listed in the Schedule. __________________ r. 7 -- 5 of 9 -- S.R. No. 27/1998 Gaming No. 2 (General) Regulations 1998 5 SCHEDULE PRESCRIBED AUTHORITIES AND PERSONS Chief Inspector, Interpol Austria Chairman, Austrian Casino Supervisory Board Chief Commissioner, Austrian Police Australia Director, Australian Bureau of Criminal Intelligence Chairman, Australian Securities Commission Chairman, National Crime Authority Chief Executive Officer, Australian Customs Service Commissioner, Australian Federal Police Director General, Australian Security Intelligence Organisation Director of Public Prosecutions, Commonwealth Australian States and Territories Australian Capital Territory Chairman, Australian Capital Territory Casino Surveillance Authority Director, Returns and Licences, Australian Capital Territory Revenue Office Christmas Island Chairman, Christmas Island Casino Surveillance Authority New South Wales Chief Executive, New South Wales Casino Control Authority Director of Casino Surveillance, New South Wales Commissioner, New South Wales Independent Commission Against Corruption Chairman, Liquor Administration Board, New South Wales Chief Commissioner, New South Wales State Police Director of Liquor and Gaming, Department of Gaming and Racing, New South Wales Northern Territory Chief Executive Officer, Northern Territory Racing and Gaming Authority Chief Commissioner, Northern Territory Police Queensland Sch. -- 6 of 9 -- S.R. No. 27/1998 Gaming No. 2 (General) Regulations 1998 6 Executive Director, Queensland Office of Gaming Regulation—Casino Control Division Executive Director, Queensland Office of Gaming Regulation—Machine Gaming Division Director, Liquor Licensing Commission, Department of Tourism, Small Business and Industry, Queensland Chairman, Queensland Criminal Justice Commission Executive Director, Queensland Office of Gaming Regulation Chief Commissioner, Queensland Police Service South Australia Chief Commissioner, South Australian State Police Commissioner for Liquor Licensing, South Australia Chief Executive Officer, Lotteries Commission of South Australia The Secretary to the Casino Supervisory Authority, South Australia The Secretary to the Gaming Supervisory Authority, South Australia Tasmania Chairman, Licensing Board of Tasmania Chairman, Tasmanian Gaming Commission Chief Commissioner, Tasmanian State Police Director, Revenue and Gaming Division, Department of Treasury and Finance, Tasmania Victoria Commissioner, Liquor Licensing Commission Chief Commissioner, Victoria Police Western Australia Director of Gaming, Western Australian Office of Racing, Gaming and Liquor Director, Casino Control Division, Western Australian Office of Racing, Gaming and Liquor Chief Commissioner, Western Australian State Police Canada Director, Licensing Division, Alberta Gaming and Liquor Commission Director, Loto—Quebec Chairman, Ontario Gaming Control Commission President, Atlantic Lottery Corporation President, Western Canada Lottery Corporation Saskatchewan Liquor and Gaming Authority Vice President, Corporate Security, Manitoba Lotteries Corporation France Sch. -- 7 of 9 -- S.R. No. 27/1998 Gaming No. 2 (General) Regulations 1998 7 Minister for the Interior, France Hong Kong Commissioner, Hong Kong Police Japan Chief Inspector, National Police Agency of Japan Macau Chief Inspector, Judiciary Police Macau Malaysia Chief Inspector, The Royal Malaysia Police Monaco Chief Executive Officer, Monaco Economic Development Corporation The Netherlands Chairman, Netherlands Casino Board Chief Commissioner, Netherlands Police New Zealand General Manager, Gaming, Racing and Censorship, New Zealand Department of Internal Affairs Chief Executive, New Zealand Casino Control Authority Commissioner, New Zealand Police Papua New Guinea The Registrar, National Gaming Control Board of Papua New Guinea South Africa Chairman, Mpumalanga Gaming Board, Mpumalanga Province, South Africa Director, Taxes, Levies and Duties, Provincial Administration, Western Cape, South Africa United Kingdom Chief Inspector, Gaming Board of Great Britain Director, National Criminal Intelligence Service of Great Britain United States of America Chief Investigator, Department of the Treasury Chief Inspector, U.S. Customs Service—Office of Enforcement. Chairman, Iowa Racing and Gaming Commission Chairman, Louisiana Riverboat Gaming Commission Chairman, Mississippi Gaming Commission Chairman, Missouri Gaming Commission Chief Commissioner, Louisiana State Police Sch. -- 8 of 9 -- S.R. No. 27/1998 Gaming No. 2 (General) Regulations 1998 8 Director, Colorado Division of Gaming Director, Federal Bureau of Investigation Chief Investigator, State of Nebraska Department of Revenue ═══════════════ Sch. -- 9 of 9 --