Australian Capital Territory Numbered Acts

GAMING MACHINE ACT 2004 (NO. 34 OF 2004)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Name of Act  
   2.      Commencement  
   3.      Dictionary  
   4.      Notes  
   5.      Offences against Act—application of Criminal Code etc  

   PART 2--LICENCES

           Division 2.1--Definitions and important concepts

   6.      Definitions for pt 2  
   7.      Meaning of influential person for Act  
   8.      What licence authorises  
   9.      Kinds of applications under pt 2  
   10.     Applications to be dealt with in order of receipt  

           Division 2.2--Issue of licences

   11.     Initial licence application  
   12.     Issue of licences  
   13.     Additional mandatory requirements for issue of licence  
   14.     Grounds for refusing initial licence application by club  
   15.     Form of licence  
   16.     Restrictions on what commission may authorise—non-clubs  
   17.     No available gaming machines  

           Division 2.3--Social impact assessments

   18.     Social impact assessment  
   19.     Publication of social impact assessments by applicant  

           Division 2.4--Eligible people

   20.     Eligibility of individuals  
   21.     Eligibility of clubs and other corporations  

           Division 2.5--Licence amendments

   22.     Licence amendment applications  
   23.     Contents of licence amendment applications  
   24.     Substantive licence amendments  
   25.     Technical licence amendments  
   26.     Temporary licence amendment  
   27.     Request for return of licence  
   28.     Commencement of amendments  
   29.     Revocation of uncommenced licence amendments  

           Division 2.6--Transfer and surrender of licences

   30.     Definitions for div 2.6  
   31.     Application for transfer of licence  
   32.     Transfer of licence  
   33.     Current licensees obligations on proposed transfer of licence  
   34.     Surrender of licences  

           Division 2.7--Restriction on gaming machine numbers

   35.     Maximum number of gaming machines allowed  
   36.     Minister must take into account commission's recommendation  

           Division 2.8--Gaming machine licences

   37.     Register of licences  
   38.     Giving copy of licence  

   PART 3--CONDITIONS ON LICENCES

           Division 3.1--Compliance with licence conditions

   39.     Failure to comply with conditions of licence  

           Division 3.2--General licence conditions

   40.     Compliance with directions  
   41.     Display of licence at licensed premises  
   42.     Licence schedule to be kept at premises  
   43.     Rules and control procedures for operation of gaming machines and peripheral  
   44.     Installation in accordance with Act  
   45.     Installation certificate  
   46.     Operation after installation  
   47.     Operation subject to correct percentage payout  
   48.     Percentage payout of gaming machines to be displayed  
   49.     Maximum stake amount  
   50.     Licensee to comply with relevant codes of practice  
   51.     Licensee to use gaming machines  
   52.     Accounts relating to gaming machines  

           Division 3.3--Club licence conditions

   53.     Conditions about inequitable benefits  
   54.     Annual report of clubs  
   55.     Other conditions of club licences  

   PART 4--DISCIPLINARY ACTION

   56.     Definitions for pt 4  
   57.     Grounds for disciplinary action  
   58.     Disciplinary action  
   59.     Criteria for disciplinary action  
   60.     When disciplinary notice may be given  
   61.     Disciplinary notices  
   62.     Commission may take disciplinary action against licensee  
   63.     Suspension of licences because of suspension of general and on  
   64.     Cancellation of licences because of cancellation etc of general and on  
   65.     Return of licence on cancellation  

   PART 5--CENTRALISED MONITORING SYSTEM

   66.     Meaning of centralised monitoring system  
   67.     Regulations about CMS  

   PART 6--APPROVAL OF GAMING MACHINES, PERIPHERALS, SUPPLIERS, TECHNICIANS AND ATTENDANTS

           Division 6.1--Approval of gaming machines and peripheral equipment

   68.     Meaning of peripheral equipment  
   69.     Approval of gaming machines and peripheral equipment  
   70.     Cancellation or suspension of gaming machine and peripheral equipment  
   71.     Machine access register  

           Division 6.2--Approved suppliers

   72.     Application and approval as supplier  
   73.     Giving copy of certificate about approved supplier  

           Division 6.3--Approved technicians

   74.     Application for approval as technician  
   75.     Approval of technicians  
   76.     Short-term approval of technicians  
   77.     Ending short-term approvals  
   78.     Transfer etc of technician's approval  
   79.     Cancellation etc of technician's approval  
   80.     Certificates and identity cards for approved technicians  
   81.     Giving copy of certificate about approved technician or identity  
   82.     Notice by supplier if technician no longer employed  
   83.     Return of approval certificates and identity cards for approved  
   84.     Renewal of technician's approval  

           Division 6.4--Approved attendants

   85.     Application for approval as attendant  
   86.     Approval of attendants  
   87.     Short-term approval of attendants  
   88.     Ending short-term approvals  
   89.     Transfer etc of attendant's approval  
   90.     Suspension of attendant's approval for short-term unemployment  
   91.     Cancellation etc of attendant's approval  
   92.     Certificates for approved attendants  
   93.     Giving copy of certificate about approved attendant  
   94.     Notice by licensee if attendant no longer employed  
   95.     Return of approval certificates for approved attendants  
   96.     Renewal of attendant's approval  

           Division 6.5--Gaming machine dealings

   97.     Control procedures  
   98.     Acquisition of gaming machines—general  
   99.     Application for approval of acquisition of gaming machines  
   100.    Decision on application for approval to acquire gaming machines  
   101.    Application and approval of financial arrangements  
   102.    Decision on application for approval of financial arrangements  
   103.    Possession and operation of gaming machines  
   104.    Playing unlicensed gaming machines  
   105.    Operation of gaming machines other than in accordance with licences  

           Division 6.6--Repossession of gaming machines

   106.    Offences by people repossessing gaming machines  
   107.    Application for repossession approval  
   108.    Approval of repossession of gaming machines  
   109.    Conditions on approval to repossess gaming machine  
   110.    Contravention of repossession approval conditions  

           Division 6.7--Disposal of gaming machines

   111.    Unapproved disposal of gaming machines  
   112.    Application for approval for disposal of gaming machines  
   113.    Approval of disposal of gaming machines  

           Division 6.8--Seizure of gaming machines

   114.    Seizure of unlawful gaming machines  
   115.    Receipt for gaming machines seized  
   116.    Application for order disallowing seizure  
   117.    Order for return of seized gaming machine  
   118.    Adjournment pending hearing of other proceedings  
   119.    Forfeiture of seized gaming machines  

           Division 6.9--Installation and operation of gaming machines

   120.    Installation to be in accordance with approval of commission  
   121.    Offence to install gaming machines  
   122.    Certificate about meter readings  
   123.    Sealing computer cabinet  
   124.    Commission may require information  
   125.    Operation to be subject to correct percentage payout  
   126.    Position for percentage payout of gaming machines display  
   127.    Maximum stake amount  

   PART 7--REGULATION OF GAMING MACHINES GENERALLY

   128.    Machine access generally  
   129.    Interference with gaming machines  
   130.    Opening computer cabinets  
   131.    Rendering gaming machines inoperable on licence ceasing to be in  
   132.    Removal of gaming machines from premises  

   PART 8--LINKED JACKPOT ARRANGEMENTS

   133.    Operation of linked jackpot arrangements  
   134.    Single-user authorisation for linked jackpot arrangements  
   135.    Issue of multi-user permits  
   136.    Conditions on multi-user permits  
   137.    Term of multi-user permits  
   138.    Amendment of multi-user permits in interest of users  
   139.    Amendment of multi-user permit on request  
   140.    Amendment of financial and operational aspects of multi-user permits  
   141.    Transfer of multi-user permits  
   142.    Surrender of multi-user permits  
   143.    Unclaimed jackpots  
   144.    Undisbursed jackpots  

   PART 9--CLUB ADMINISTRATION

   145.    Eligible objects  
   146.    Eligible clubs  
   147.    Associated organisations  
   148.    Keeping records relating to club elections  
   149.    Power to require information about status of eligible clubs  
   150.    Disclosure of gifts by executive officer  

   PART 10--GAMING AREAS

   151.    Warning notices  
   152.    External signs  
   153.    Cash facilities  
   154.    Lending or extending credit  
   155.    Children must not enter gaming area  
   156.    Children must not play gaming machines  
   157.    Using false identification  

   PART 11--FINANCE

           Division 11.1--General

   158.    Audit of records  
   159.    Gaming machine tax  
   160.    Tax adjustment in relation to GST for clubs  
   161.    Payment of gaming machine tax  
   162.    Gaming machine tax returns  
   163.    Payment of gaming machine tax following transfer  

   PART 12--COMMUNITY CONTRIBUTIONS

   164.    Approval of community contributions  
   165.    Records of contributions  
   166.    Report about records and finances  
   167.    Commission must report to Minister  
   168.    Minister must present commission's report  
   169.    Required community contributions  
   170.    Corporations with several licences  
   171.    Women's sport community contributions  
   172.    Community contribution shortfall tax  

   PART 13--MISCELLANEOUS

   173.    Review of decisions  
   174.    Acts and omissions of representatives  
   175.    Canberra Airport  
   176.    Evidentiary certificates  
   177.    Determination of fees  
   178.    Regulation-making power  
   179.    Legislation amended or repealed  

   PART 14--TRANSITIONAL

   180.    Definitions for pt 14  
   181.    Licences  
   182.    Clubs  
   183.    Rules and control procedures  
   184.    Disciplinary proceedings under former gaming Act  
   185.    Approvals under former gaming Act  
   186.    Linked jackpot arrangements  
   187.    Clubs not required to be corporations for s 146  
   188.    Clubs with too many life members for s 146  
   189.    Expiry of pt 14  
           SCHEDULE 1
           SCHEDULE 2
           DICTIONARY
           ENDNOTES