Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(see s 6)
1.1A Definitions—code of practice
In this code of practice:
"betting account "means an account held by a person with a licensee into which funds are or can be deposited and used by the person to place a bet with the licensee.
"direct marketing" includes any advertising, promotion or offer from a licensee, or from a person on the licensee's behalf, that is made directly to a person by telephone, SMS, email, app, post or other direct means.
"electronic race bookmaking licensee" means the holder of a race bookmaking licence under the Race and Sports Bookmaking Act 2001
who accepts a bet using a telecommunication service.
"electronic sports bookmaking licensee" means the holder of a sports bookmaking licence under the Race and Sports Bookmaking Act 2001
who accepts a bet using a telecommunication service.
"electronic totalisator licensee" means the holder of a totalisator licence under the Totalisator Act 2014
who accepts a bet using a telecommunication service.
Examples—telecommunication service
telephone, email, internet
1.1 Meaning of licensee
(1) In this code of practice:
"licensee" means—
(a) a gaming machine licensee; or
Note Gaming machine licensee is defined in the dictionary.
(b) a casino licensee; or
Note Casino licensee is defined in the Casino Control Act 2006
, dictionary.
(c) a licensed provider under the Interactive Gambling Act 1998
; or
(d) the holder of a race bookmaking licence, a race bookmaker's agent licence, a sports bookmaking licence or a sports bookmaker's agent licence under the Race and Sports Bookmaking Act 2001
; or
(e) a licensee of a totalisator under the Totalisator Act 2014
; or
(f) anyone authorised to conduct a lottery, scheme or competition under the Lotteries Act 1964
or the Pool Betting Act 1964
, other than—
(i) a calcutta sweepstake; or
(ii) a trade promotion, other than a trade promotion that involves gambling, in which participants are given free entry to a contest that promotes a trade or business and involves an element of chance in the allocation of the prize; or
(iii) a raffle; or
(iv) a progressive lottery or silver circle involving a number of draws on different days, including tipping competitions, in which regular or different prizes are drawn; or
(v) an exempt lottery.
(2) In this section:
"exempt lottery"—see section 5 (2).
1.2 Meaning of gambling problem
(1) For this code of practice, a person has a gambling problem if the person has difficulty limiting the amount of money or time spent on gambling and this leads to adverse consequences for the person or another person.
(2) Also, a person is taken to have a "gambling problem", if the person engages in any of the following behaviour:
(a) seeking credit for gambling unless authorised under a gaming law;
(b) seeking to borrow or scavenge for money to gamble;
(c) seeking assistance or advice about controlling the person's gambling;
(d)
admitting to borrowing or stealing money to gamble.
1.3 Licensees obligations generally
(1) A licensee of a gambling facility must conduct the facility honestly, responsibly and in accordance with this code of practice.
(2) A licensee of a gambling facility must not give or make available to patrons information about gambling or gambling facilities that is false or misleading.
(3) A casino licensee or gaming machine licensee must not allow a person (the gambler ) to use the licensee's facility for gambling if the gambler—
(a) appears not to fully understand the nature or consequences of gambling generally, or a particular gambling activity, and the potential for financial loss; or
(b) appears to be intoxicated or under the influence of a drug to an extent that the gambler could not reasonably be expected to exercise rational judgment while gambling.
(1) The licensee of a gambling facility must ensure that—
(a) each staff member who is directly involved in providing gambling services to patrons and each person who supervises the staff members—
(i) has successfully completed an approved training program within the previous 3 years; and
(ii) does not take part, or allow anyone else to take part on their behalf, in a gambling activity at the facility except as part of the member's duty; and
(b) each staff member is aware of the staff member's obligations under this code of practice.
(2) However, a licensee of a totalisator under the Totalisator Act 2014
and someone mentioned in section 1.1, definition of "licensee", paragraph (f), need only ensure that the person in charge of each gambling facility—
(a) has successfully completed an approved training program within the previous 3 years; and
(b) does not take part, or allow anyone else to take part on their behalf, in a gambling activity at the facility except as part of the person's duty; and
(c) is made aware of the person's obligations under this code of practice.
(3) The person in charge mentioned in subsection (2) must take all reasonable steps to ensure that—
(a) each staff member who is directly involved in providing gambling services to patrons and each person who supervises the staff members—
(i) has successfully completed an approved training program within the previous 3 years; and
(ii) does not take part, or allow anyone else to take part on their behalf, in a gambling activity at the facility except as part of the member's duty; and
(b) each staff member is made aware of the staff member's obligations under this code of practice; and
(c) if the person will be absent from the facility for longer than 1 week—the licensee is told who will be in charge of the facility during the person's absence.
(4) For subsection (1) (a) (ii), (2) (b) and (3) (a) (ii), staff member , of a gambling facility, includes—
(a) a person who is a full-time, part-time or casual staff member of the facility; and
(b) anyone who has worked in the facility in any other capacity within the previous 7 days.
Examples—par (b)
1 an approved technician
2 a person who provides housie services under contract to the patrons of the licensee
1.5 Exemptions in relation to approved training courses
The commission may, in writing, given to the licensee of a gambling facility, exempt the licensee or person in charge of the facility from the requirement to comply with section 1.4 (1) (a) (i), (2) (a) or (3) (a) (i) during a stated time, or in stated circumstances.
1.5A Training for responsible service of interactive wagering and betting services
(1) This section applies to the following licensees:
(a) an electronic race bookmaking licensee;
(b) an electronic sports bookmaking licensee;
(c) an electronic totalisator licensee.
(2) The licensee must ensure that each relevant staff member successfully completes—
(a) the required training within 1 month after becoming a staff member and before beginning to provide interactive wagering or betting services; and
(b) refresher training within every subsequent 12 months.
(3) For subsection (2) (a), "required training" means—
(a) the national unit of competency; or
(b) a training course provided by the licensee, or another person on behalf of the licensee, that is substantially equivalent to the national unit of competency.
(4) For subsection (2) (b), "refresher training" means—
(a) the micro-credential course; or
(b) a course provided by the licensee, or another person on behalf of the licensee, that is substantially equivalent to the micro-credential course.
(5) In this section:
"interactive wagering or betting service" means a gambling service in which a bet is accepted using a telecommunication service.
"micro-credential course" means the course MCC00045 Responsible service of online wagering provided by TAFE Queensland.
"national unit of competency" means unit of competency CHCFIN005 (Provide responsible online wagering services) provided by TAFE Queensland.
"registered training organisation"—see the National Vocational Education and Training Regulator Act 2011
(Cwlth).
"relevant staff member" means a staff member who—
(a) is directly involved in providing interactive wagering or betting services; or
(b) has capacity to influence an interactive wagering or betting service.
"TAFE Queensland "means the registered training organisation known as TAFE Queensland.
1.5B Independent audit of required training and refresher training
(1) If a licensee, or another person on the licensee's behalf, provides required training or refresher training, the licensee must engage a person (an independent reviewer ) to conduct an audit of the training each year the training is provided.
(2) The independent reviewer—
(a) must not—
(i) be employed by the licensee; or
(ii) have been involved in any way in the development of the required training or refresher training to be audited; but
(b) may be a law firm, accounting firm or auditing body with whom the licensee has an existing relationship.
(3) The licensee must give the commission a copy of any completed audit within 3 months after the day the independent reviewer gives the licensee the completed audit.
(4) The commission may, in writing, exempt the licensee from the requirement to engage an independent reviewer to conduct an audit of stated required training or refresher training if the training has been the subject of an investigation or inquiry by the commission.
(5) In this section:
"licensee" means a licensee to whom section 1.5A applies.
"micro-credential course"—see section 1.5A (5).
"micro-credential test" means an online micro-credential test administered by TAFE Queensland that evaluates the knowledge and skills consistent with the national unit of competency or the micro-credential course.
"national unit of competency"—see section 1.5A (5).
"refresher training" means the training mentioned in section 1.5A (4) (b), other than training that requires participants to complete a micro-credential test.
"required training" means the training mentioned in section 1.5A (3) (b), other than training that requires participants to complete a micro-credential test.
"TAFE Queensland"—see section 1.5A (5).
Division 1.2.2 Problem gambling
1.6 Problem gambling incident register
(1) The commission must establish a register (a problem gambling incident register ) of problem gambling incidents.
(2) The register may be kept electronically.
1.6A Recording problem gambling incidents
(1) A licensee of a gambling facility must keep a record of the following incidents (a problem gambling incident ):
(a) anyone who shows signs of having a gambling problem when—
(i) in the gambling facility; or
(ii) dealing with the licensee;
(b) any action taken by the licensee in relation to the person.
Examples—signs that person has gambling problem
1 admitting being unable to stop gambling or to gamble within the person's means
2 expressing concern about the amount of time or money the person spends on gambling
3 acknowledging the person spends on gambling money needed for day-to-day living expenses, including for dependents
4 having a disagreement with a family member or friend about the person's gambling behaviour
5 making multiple ATM cash withdrawals in the gambling facility
Example—par (a) (ii)
contacting staff in the gambling facility by phone or email
(2) The record—
(a) for a prescribed licensee—must be kept on the problem gambling incident register; or
(b) for any other licensee—must be in writing.
Note A licensee commits an offence if the licensee fails to make a record available for inspection when asked by the commission (see s 10).
(3) The record must include the following particulars:
(a) the date and nature of the problem gambling incident;
(b) the name and address (if known), or description, of the person involved in the incident;
(c) if any action was taken by the licensee in relation to the person—the following details:
(i) the action taken;
(ii) the names of the individuals who took the action;
(iii) any related action taken by someone else of which the licensee is aware.
Examples—subpar (iii)
1 police arrest and charge the person for an offence relating to the problem gambling incident
2 the person has been excluded from gambling at another gambling facility
(4) A licensee must, within 3 consecutive trading days after becoming aware of a problem gambling incident—
(a) for a prescribed licensee—record the incident in the problem gambling incident register; or
(b) for any other licensee—make a written record of the incident.
(5) In this section:
"prescribed licensee" means—
(a) a gaming machine licensee; and
(b) a casino licensee; and
(c) a totalisator licensee.
"problem gambling incident register"—see section 1.6.
A licensee of a gambling facility must not encourage a person to gamble beyond the person's means.
1.8 Help in relation to gambling problems
If the licensee of a gambling facility is asked by a person in the facility about problem gambling, the licensee must take reasonable steps to give the person advice or information about counselling and advisory services available from support agencies.
(1) A licensee of a gambling facility must not conduct gambling at the facility unless at least 1 gambling contact officer has been appointed for the facility.
(2) A gambling contact officer for the facility may be the licensee or a person appointed by the licensee.
(3) A person is eligible to be appointed as a gambling contact officer by the licensee only if the person has successfully completed an approved training program within the previous 3 years.
Note Approved training program —see the dictionary.
(4) To remain eligible for appointment, a gambling contact officer must successfully complete an approved GCO training session in each year of the officer's appointment.
(5) The commission may exempt a gambling contact officer, in writing, from complying with subsection (3) or (4).
(6) An exemption may be conditional.
(7) In this section:
"approved GCO training session" means a training session approved by the commission for gambling contact officers about problem or responsible gambling.
Examples—training sessions
• conferences
• seminars
• online courses
• lectures
1.10 Gambling contact officers functions
(1) A gambling contact officer for a gambling facility has the following functions (as well as the functions under section 1.11):
(a) to give the people about whom a report under section 1.11 is made help to obtain information and counselling about problem gambling;
(b) if a complaint is made to the officer about problem gambling at the facility—
(i) to record details of the complaint and any action taken; and
(ii) to tell the complainant about any action taken or that action was not taken and the reasons why; and
(iii) to tell the complainant that a complaint can be made to the commission;
(c) to report to the licensee about any complaints made to the officer about problem gambling at the facility;
(d) to ensure, as far as possible, that there is no unauthorised or inappropriate disclosure of personal information obtained or kept under this code of practice.
(2) A gambling contact officer has any other function given to the gambling contact officer under this code of practice.
Note 1 The commission can investigate complaints about noncompliance with a gaming law (see Act, s 31).
Note 2 A complaint to the commission could include a complaint about a gambling contact officer.
1.11 Dealing with people with gambling problem
(1) The licensee of a gambling facility must ensure the gambling contact officer for the facility is told about—
(a) any person in the facility whom the licensee or a staff member has reasonable grounds for believing has a gambling problem; and
(b) the details of the person's behaviour that led to the belief.
(2) The gambling contact officer must keep a register of—
(a) the name or a description of each person about whom the officer has been told under subsection (1); and
(b) details given to the officer under that subsection; and
(c) the name or a description of each person (other than someone mentioned in subsection (1) (a)) whom the officer has reasonable grounds for believing has a gambling problem; and
(d) details of the person's behaviour that led to the gambling contact officer's belief.
(3) The gambling contact officer must take reasonable steps, in relation to a person mentioned in subsection (2) (a) and (c), to—
(a) discuss the possible gambling problem with the person as soon as possible; and
(b) give the person advice or information about—
(i) counselling and advisory services available from support agencies; and
(ii) any other appropriate action that may be taken by the person, including the opportunity to sign a deed of exclusion to ensure the person's exclusion from gambling at the facility.
Division 1.2.3 Exclusion from gambling generally
(1) This division does not apply to someone mentioned in section 1.1, definition of "licensee", paragraph (f).
(2) Also, this division, other than section 1.14 (1) (Exclusion of people at risk or excluded under deed), section 1.19 (Accounts of certain excluded people), and section 1.20 (Promotional material not to be given to certain excluded people), does not apply to a licensed provider under the Interactive Gambling Act 1998
.
Note The Interactive Gambling Act 1998
contains provisions about excluded or disqualified people.
(1) A person claiming to have a gambling problem (the gambler ) may sign a deed (a deed of exclusion ) under which the person can be excluded from gambling at the gambling facility or facilities stated in the deed.
Note If a form is approved under the Act
, s 53D for this provision, the form must be used.
(2) The deed must state—
(a) the name of each gambling facility (the nominated facility ) from which the gambler wishes to be excluded from gambling; and
(b) the period for which the gambler is to be excluded from the nominated facility (the exclusion period ); and
(c) that in the exclusion period the licensee of the nominated facility may—
(i) remove the gambler from, or prevent the gambler from entering, the gaming area or gambling facility; or
(ii) otherwise exclude the gambler from participating in gambling activities at the facility.
Example—subpar (ii)
The XYZ Sports Club has a gaming area, bistro area and other facilities for use by its members. Kenny has entered into a deed of exclusion under which he agrees to be excluded from gambling at the gambling facility. The licensee of the gambling facility allows Kenny to enter the facility to use the bistro but does not allow Kenny to enter the gaming area.
(3) For subsection (2) (b), the exclusion period must be at least 6 months, but not longer than 3 years.
(4) If the gambler wants the deed to apply to the gambler, then the gambler must give the signed deed to 1 of the following (the receiver ):
(a) the licensee of a facility stated in the deed;
(b) the commission;
(c) someone else approved by the commission.
(5) If the receiver is given a signed deed under subsection (4), the receiver must—
(a) immediately sign the deed; or
(b) if the deed is incomplete—
(i) ask the gambler, not more than 1 day after receiving the signed deed, to do whatever is necessary to complete the deed; and
(ii) sign the deed immediately after the gambler completes the deed.
(6) The receiver must, not more than 3 consecutive trading days after receiving the completed signed deed—
(a) give a copy of the signed deed to the gambler; and
(b) include the matters mentioned in section 20 (3) (Exclusion register) on the exclusion register; and
(c) tell each of the following that the matters mentioned in section 20 (3) have been included on the exclusion register:
(i) the licensee of each facility mentioned in the deed;
(ii) if the receiver is not the commission—the commission.
1.13A Deeds of exclusion—revocation
(1) This section applies if a person has signed a deed of exclusion under section 1.13.
(2) The person may revoke the person's deed of exclusion before the end of the exclusion period.
Note If a form is approved under the Act
, s 53D for this provision, the form must be used.
(3) The exclusion period ends on the first business day 7 days after the day the commission receives written notice from the person of the revocation, unless the person withdraws the revocation before that day.
(4) In this section:
"exclusion period"—see section 1.13 (2) (b).
1.14 Exclusion of people at risk or excluded under deed
(1) The licensee of a gambling facility must exclude a person from gambling at the facility if the licensee has reasonable grounds for believing that—
(a) the welfare of the person, or any of the person's dependants, is seriously at risk because of the person's gambling problem; or
(b) the person is someone to whom a deed applies.
(2) If a person is excluded under subsection (1) (a) the licensee must—
(a) give the person a notice (a notice of exclusion ) stating—
(i) sufficient particulars to identify the person; and
(ii) each gambling facility from which the person is excluded from gambling; and
(iii) the period of the exclusion from each gambling facility from which the person is excluded from gambling; and
(iv) the reasons for the exclusion; and
Note If a form is approved under the Act
, s 53D for this provision, the form must be used.
(b) include the matters mentioned in section 20 (3) (Exclusion register) on the exclusion register; and
(c) tell each of the following that the matters mentioned in section 20 (3) have been included on the exclusion register:
(i) the licensee of each facility mentioned in the deed;
(ii) the commission.
1.15 Matters to which licensee to have regard when deciding whether to exclude
(1) A decision by a licensee to exclude a person under section 1.14 (1) (a) must be reasonable in the circumstances.
(2) In making the decision, the licensee must have regard to whether the exclusion—
(a) is necessary to protect the welfare of the person, or any of the person's dependants, from risk in relation to the person's gambling problem; and
(b) is in the public interest, particularly having regard to the social and economic costs of problem gambling.
1.16 Commission's review of exclusion decisions
A person aggrieved by a licensee's decision under section 1.14 (Exclusion of people at risk or excluded under deed) may apply, in writing, to the commission for a review of the decision.
Note Application may be made to the ACAT for review of a decision by the commission under this regulation to confirm, revoke or amend the licensee's decision.
(1) The licensee of a gambling facility must prepare written procedures dealing with how people are to be excluded from gambling at the facility.
(2) A person must comply with any written direction in relation to procedures given to the person by the commission under this section.
(3) The procedures must be written as clearly and simply as possible to promote understanding by people using them.
(4) The licensee of a gambling facility must ensure that staff members whose functions include the exclusion of a person under this code of practice are competent to exercise the function.
1.18 Licensee must keep deeds and notices of exclusion
(1) A licensee of a gambling facility must keep—
(a) the original of each deed of exclusion received by the licensee for 7 years from the day the deed is received; and
(b) a copy of each notice of exclusion given by the licensee for 7 years from the day the notice is given.
(2) The licensee must, if requested by the commission—
(a) allow the commission to inspect the deeds and notices; or
(b) give the commission a copy of a deed or notice.
1.19 Accounts of excluded people
If a person who holds an account with a licensee is excluded by the licensee under this division, the licensee must not allow someone else to use the person's account.
1.20 Promotional material not to be given to certain excluded people
(1) The licensee of a gambling facility must not give any information or promotional material about gambling at the facility directly to a person excluded by the licensee under this division.
Examples
1 information or promotional material given by personally addressed mail or email
2 information or promotional material given personally to the person or left with someone to be given personally to the person
(2) For subsection (1), information or promotional material is not given directly to a person only because it is broadcast or made available to the public generally.
Examples
1 information or promotional material given by television or radio broadcasts
2 information or promotional material given by websites accessible to anyone
3 information or promotional material given by letterbox drops that are not personally addressed
Division 1.2.4 Betting accounts—electronic race bookmaking, sports bookmaking and totalisator licensees
This division applies to the following licensees:
(a) an electronic race bookmaking licensee;
(b) a sports bookmaking licensee;
(c) a totalisator licensee.
1.20B Meaning of deposit limit —div 1.2.4
In this division:
"deposit limit", for a person's betting account, means a limit to the amount that can be deposited into the account during a stated period or periods.
1.20C Information about deposit limits
(1) A licensee must not open a betting account for a person unless—
(a) the licensee, in accordance with any guidelines made under section 1.20G, has—
(i) told the person they can set a deposit limit for the account; and
(ii) asked the person whether they want to set a deposit limit; and
(b) the person has set, or declined to set, a deposit limit for the account.
(2) At least once every 12 months while a person has a betting account with a licensee, the licensee must, in accordance with any guidelines made under section 1.20G—
(a) if the account has no deposit limit—tell the person they can set a deposit limit and ask the person whether they want to set a deposit limit; and
(b) if the account has a deposit limit—ask the person whether they want to change the deposit limit.
(3) Subsection (2) does not apply if the betting account has not been used to make or settle a bet within the previous 12 months.
(4) A licensee must publish information promoting deposit limits—
(a) on the licensee's website and on each communication channel a person can use to place a bet with the licensee; and
(b) in accordance with any guidelines made under section 1.20G.
1.20D No deposits over deposit limit
A licensee must not allow a person to deposit money into a betting account held with the licensee if depositing the amount would result in the deposit limit for the account being exceeded.
Examples
1 Ali has a betting account with XYZ licensee and has set a deposit limit of $100 per week. Ali deposits $100 into the account. Less than a week later, Ali attempts to deposit $10 into the account. XYZ licensee must reject the transaction as it would exceed Ali's deposit limit of $100 per week.
2 Pat has a betting account with XYZ licensee and has set a deposit limit of $200 per fortnight. Pat deposits $100 into the account. Less than a fortnight later, Pat attempts to deposit $150 into the account. XYZ licensee must reject the transaction as it would exceed Pat's deposit limit of $200 per fortnight.
1.20E Setting and changing deposit limits
(1) A licensee must ensure that the process for a person to set and change a deposit limit for their betting account held with the licensee—
(a) is simple and easy for the person to use; and
(b) allows the person to choose the period or periods to which the limit applies, including a period or periods of 1, 7, 14 or 28 days; and
(c) complies with any guidelines made under section 1.20G.
(2) A licensee must set or lower the deposit limit for a person's betting account with the licensee immediately when the licensee receives a request from the person to do so.
(3) A licensee must not increase the deposit limit for a person's betting account with the licensee until at least 7 days after the licensee receives a request to do so.
1.20F Closing betting accounts
(1) A licensee must, in accordance with any guidelines made under section 1.20G, ensure that the process for a person to close their betting account held with the licensee is—
(a) simple and easy for the person to use; and
(b) prominently and clearly communicated on the licensee's website and through any communication channel the person can use to place a bet with the licensee.
(2) A licensee must ensure that a person can ask to close their betting account—
(a) by email; and
(b) by telephone; and
(c) by any other communication channel that the person can use to place a bet with the licensee.
(3) After a licensee has received a request from a person to close their betting account, the licensee—
(a) must not accept a bet using the account; and
(b) must close the account as soon as practicable after all bets made using the account have been settled.
(4) If a licensee receives a request from a person to close their betting account, the licensee—
(a) must not encourage or induce the person to cancel the request; but
(b) may explain to the person the effects of closing the account and ask the person whether they want to proceed with closing it.
Note A licensee must not send direct marketing to a person after the person has asked to close their betting account (see s 1.30C (3) (b)).
1.20G Guidelines about betting accounts
(1) The Minister may make guidelines about—
(a) the information a licensee must provide in relation to setting, changing and promoting deposit limits and closing betting accounts; and
(b) the process for setting and changing deposit limits and closing betting accounts.
(2) A guideline made under subsection (1) (a) may include requirements for the following:
(a) the content or form of information to be provided by a licensee;
(b) when information must be communicated by a licensee and to whom;
(c) where or how information must be communicated by a licensee.
(3) A guideline is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
1.20H Directions about betting accounts
(1) The commission may give a written direction to a licensee to ensure compliance with this division.
(2) If the commission gives a direction to a licensee, the licensee must comply with the direction.
Division 1.2.5 Betting accounts—activity statements
This division applies to the following licensees:
(a) an electronic race bookmaking licensee;
(b) a sports bookmaking licensee;
(c) a totalisator licensee.
In this division:
"account holder", for a betting account—see section 1.20K (1).
"activity statement", for a betting account—see section 1.20K (1).
"bonus bet"—see section 1.30 (7).
"online betting account" means a betting account that can be used to make and settle bets online.
"statement period", for an activity statement—see section 1.20K (1).
"transaction", in relation to a betting account, means doing any of the following:
(a) using the account to make or settle a bet, including a bonus bet;
(b) depositing money into the account;
(c) withdrawing money from the account.
"transaction record", for a betting account, means a document setting out the following information for each transaction made in relation to the account:
(a) the kind of transaction;
(b) the date of the transaction;
(c) the amount of the transaction.
1.20K Activity statements for betting accounts
(1) Each month, a licensee must give each person who holds a betting account with the licensee (an account holder ) a document setting out any transactions made in relation to the account (an activity statement ) for the month (the statement period ).
(2) However, the licensee need not give an account holder an activity statement for a statement period if the account holder has not made any transactions in relation to the betting account during the statement period.
Note Despite s (2), an account holder may ask a licensee for an activity statement at any time (see s 1.20L).
(3) The licensee must give an account holder an activity statement—
(a) by email; or
(b) if the account holder asks the licensee to provide the activity statement by mail—by mail.
(4) The licensee must not charge a fee for giving an account holder an activity statement.
(5) However, if an account holder asks for an activity statement to be provided by mail, the licensee may charge the account holder a fee of not more than the cost of the postage.
1.20L Requests for activity statements
(1) Despite section 1.20K (2), an account holder may, at any time, ask a licensee to give the account holder an activity statement for the account holder's betting account for any statement period—
(a) within the last 7 years; or
(b) if the account has been open for less than 7 years—since the account was opened.
(2) An account holder may make a request under subsection (1)—
(a) by email; or
(b) by telephone; or
(c) for an online betting account—through the account.
(3) A licensee must, as soon as practicable after the licensee receives a request under subsection (1), give the account holder the activity statement, and the accompanying transaction record, in the way requested by the account holder.
Example—in the way requested
an account holder asks a licensee to provide an activity statement by mail
(4) In this section:
"account holder" includes a person who previously held a betting account with a licensee that is now closed.
1.20M Contents of activity statements
(1) An activity statement for a betting account for a statement period must include the following information:
(a) the opening and closing balances of the account for the period;
(b) the total amount spent on betting during the period;
(c) the number of bets made using the account during the period;
(d) the number of winning bets settled using the account during the period;
(e) the number of losing bets settled using the account during the period;
(f) the net amount spent on, or gained from, betting, taking into account all wins and losses, during the period;
(g) any amounts deposited into, or withdrawn from, the account for the period;
(h) a column graph comparing the total amount spent on betting with the net amount spent on, or gained from, betting for—
(i) the period, and
(ii) each of the 5 previous activity statement periods; and
(iii) the same statement period in the previous year;
(i) information about support services available to gamblers, including websites for the services.
(2) An activity statement must be accompanied by—
(a) if the activity statement is provided electronically—an online link to a transaction record for the betting account for the statement period; or
(b) if the account holder asked the licensee to provide the activity statement by mail—a paper copy of the transaction record.
(3) An activity statement must not include—
(a) any direct marketing or other advertising, promotion or offer from the licensee; or
(b) any information mentioned in subsection (1) in relation to making or settling a bonus bet.
1.20N Form of activity statements
(1) An activity statement must be—
(a) in writing; and
(b) simple and easy for an account holder to read.
(2) An activity statement for a betting account—
(a) must set out the following information in legible black text on a white background:
(i) the number of winning bets;
(ii) the net amount gained from betting; and
(b) must set out the following information in legible red text on a white background:
(i) the number of losing bets;
(ii) the net amount spent on betting;
(iii) the total amount spent on betting; and
(c) must not set out any information in green text.
1.20O Access to activity statements and transaction records for online betting accounts
(1) This section applies if an account holder holds an online betting account with a licensee.
(2) The licensee must ensure that the account holder can access, through the online betting account, all activity statements and transaction records for the account for each active statement period—
(a) within the last 7 years; or
(b) if the account has been open for less than 7 years—since the account was opened.
(3) In this section:
"account holder" includes a person who previously held a betting account with a licensee that is now closed.
"active statement period", for a betting account, means a statement period during which the account holder made at least 1 transaction in relation to the betting account.
1.20P Requests for transaction records for accounts other than online betting accounts
(1) This section applies if—
(a) an account holder holds a betting account with a licensee; and
(b) the account is not an online betting account.
(2) The account holder may, at any time, ask the licensee to give the account holder a transaction record for the betting account for any statement period—
(a) within the last 7 years; or
(b) if the account has been open for less than 7 years—since the account was opened.
(3) An account holder may make a request under subsection (2)—
(a) by email; or
(b) by telephone.
(4) A licensee must, within 14 days after the licensee receives a request under subsection (2), give the account holder the transaction record in the way requested by the account holder.
Example—in the way requested
an account holder asks a licensee to provide a transaction record by mail
(5) In this section:
"account holder" includes a person who previously held a betting account with a licensee that is now closed.
1.20Q Access to electronic activity statements
(1) This section applies if a licensee gives an account holder an activity statement—
(a) by email; or
(b) through an online betting account.
(2) The licensee must ensure the account holder can access the activity statement without needing to use any kind of security measure, other than a security measure used to access the account holder's email account or online betting account.
Example—security measure
a password
Part 1.3 Financial
controls and gambling
environment
(1) This section applies to a casino licensee.
(2) The licensee of a gambling facility to whom this section applies must ensure that a cash facility is not located in a gaming area of the facility.
(3) In this section:
"cash facility" means—
(a) an automatic teller machine; or
(b) an EFTPOS facility.
1.22 Cash payment limits for casino licensees
(1) A casino licensee must not pay to a gambling patron winnings in cash of more than $25 000 in any gaming day.
Example
A gambling patron in a casino wins $30 000, and at 10 pm on Wednesday the casino pays the person $25 000 in cash and the balance of $5 000 by cheque or electronic funds transfer. The casino must not make any further cash payments to the person until the casino re-opens to the general public at 12 noon on Thursday.
(2) To remove any doubt, subsection (1) does not prevent the payment of winnings, in excess of $25 000, in any other way.
(3) Subsection (1) does not apply to the payment of winnings to a person participating in a commission-based player scheme.
(4) In this section:
"commission-based player scheme"—see the Casino Control Act 2006
, dictionary.
gaming day means—
(a) the period from when the casino opens to the public on a day until it next closes; but
(b) if the casino is open to the public for longer than 24 hours continuously—
(i) each 24-hour period for which it is open to the public; and
(ii) if the last period before it closes is less than 24 hours—that period.
1.23 Other cash payment limits
(1) A licensee must not, for a particular event or contingency on which a gambling patron has staked or risked money, pay the patron winnings in cash that are more than the amount worked out under table 1.23.
Table 1.23
column 1 item | column 2 type of licensee | column 3 maximum cash payable |
|---|---|---|
1 | bookmaker | $25 000 |
| 2 | totalisator | $25 000 |
| 3 | lotteries | $5 000 |
| 4 | keno | $5 000 |
| 5 | trackside | $5 000 |
| 6 | gaming machine | $1 500 |
| 7 | housie | $1 250 |
Example
A gambling patron wins $30 000 on a totalisator on race 3 Flemington Racecourse. The person must not be paid more than $25 000 in cash and must be paid any balance by cheque or electronic funds transfer. However, the person can be paid winnings in cash of not more than $25 000 if the person wins on a subsequent race.
(2) To remove any doubt, subsection (1) does not prevent the payment of winnings, in excess of the maximum amount payable in cash, in any other way.
(3) A gaming machine licensee must pay a gambling patron winnings from a gaming machine by cheque or electronic funds transfer if—
(a) the winnings are more than $300; and
(b) the patron has requested the winnings be paid by cheque or electronic funds transfer.
1.23AA No winnings for excluded or underage patrons
(1) A licensee of a gambling facility must not knowingly pay winnings to a person who—
(a) has been excluded from gambling under section 1.14 (Exclusion of people at risk or excluded under deed); or
(b) is under 18 years old.
(2) The licensee must keep any winnings of a person mentioned in subsection (1) and distribute them to other patrons of the facility in a way approved in writing by the commission.
1.23A Non-cash payment of winnings
(1) Winnings to be paid otherwise than in cash must be paid by the licensee as soon as practicable but within 3 days after the day of the winning event or contingency.
(2) This section does not apply to a licensee mentioned in section 1.1, definition of "licensee", paragraph (f).
(1) This section applies to a gaming machine licensee.
(2) The licensee of a gambling facility to whom this section applies must not—
(a) cash a cheque within a gaming area of the facility; or
(b) allow a person to buy back or redeem a previously cashed personal cheque.
(3) The licensee of a gambling facility to whom this section applies must not—
(a) cash a patron's personal cheque for more than $250 on any day unless the person has made arrangements with the licensee on a previous day; or
(b) cash a cheque of any other kind for the patron.
1.25 Availability of information
(1) The licensee of a gambling facility must display in each gaming area of the facility signs to the effect that people under 18 years old, and intoxicated people, are not allowed to gamble.
(2) Each sign must be prominently displayed and able to be readily read.
(3) A licensee of a gambling facility must make available at the facility, in a conspicuous way, information that—
(a) tells people about each of the following:
(i) restrictions (if any) on cashing cheques;
(ii) gambling limits (if any) at the facility;
(iii) the chances of winning major prizes;
(iv) the support services available to gamblers;
(v) the use of a deed of exclusion by a person who has a gambling problem, particularly—
(A) the availability and effect of a deed; and
(B) the confidentiality of a deed; and
(C) who may be given a copy of a deed;
(vi) the use of a notice of exclusion by the licensee in relation to a person who has a gambling problem;
(vii) the exclusion register; and
(b) tells people where each of the following can be found at the gambling facility:
(i) a copy of the rules for each kind of gambling offered by the licensee;
(ii) information about programs for exclusion from gambling;
(iii) a gambling contact officer for the facility;
(iv) a copy of the Gambling and Racing Control (Code of Practice) Regulation 2002 or this code of practice;
(v) information about counselling services available in the ACT for problem gamblers; and
(c) for a gaming machine licensee—tells people that winnings from a gaming machine must be paid by cheque or electronic funds transfer if—
(i) the winnings are more than $300; and
(ii) the patron has requested the winnings be paid by cheque or electronic funds transfer.
(4) If asked for information about the availability of interpreter services to patrons at a gambling facility, the licensee for the facility must give the information.
(5) This section is subject to section 1.27 (Directions about information, clocks and lighting).
(1) This section applies to—
(a) a casino licensee; and
(b) a gaming machine licensee.
(2) The licensee of a gambling facility must prominently display the correct time in the facility.
(3) The licensee of a gambling facility must ensure that lighting in the facility is adequate to allow clocks and signs required to be displayed under this code of practice to be clearly visible to people in the facility.
(4) This section is subject to section 1.27.
1.27 Directions about information, clocks and lighting
(1) The commission may give written directions to the licensee of a gambling facility to ensure compliance with section 1.25 (Availability of information) or section 1.26.
(2) If the commission gives a direction to the licensee, the licensee must comply with the direction.
1.27A Alcohol service prohibited while gambling
A gaming machine licensee must not serve alcohol to a patron of the facility while the patron is—
(a) playing a gaming machine; or
(b) sitting at or standing by a gaming machine.
1.27B Operating times of gaming machines
A gaming machine licensee must not operate a gaming machine between
4 am and 9 am.
Part 1.4 Advertising, promotions and inducements
Division 1.4.1 Advertising requirements—general
(1) The licensee of a gambling facility must not publish advertising that—
(a) encourages anyone to contravene a gaming law; or
(b) shows people under 25 years old gambling; or
(c) encourages people under 18 years old to gamble, or targets them; or
(d) is false or misleading, particularly about the chances of winning or the expected return to a gambler; or
(e) suggests that gambling is a form of financial investment; or
(f) suggests that skill can influence games that are games of chance; or
(g) shows or promotes the consumption of alcohol while gambling.
(2) This section is subject to section 1.31 (Directions about advertising, promotions and inducements).
(1) This section does not apply to someone mentioned in section 1.1, definition of "licensee", paragraph (f).
(2) The licensee of a gambling facility must not publish gambling advertising in relation to the facility unless it contains, or is published near, the name and telephone number of an approved gambling counselling service in the ACT.
(3) This section is subject to section 1.31 (Directions about advertising, promotions and inducements).
(4) In this section:
"gambling advertising"—see section 1.29B.
Division 1.4.2 Advertising requirements—electronic licensees
This division applies to the following licensees:
(a) an electronic race bookmaking licensee;
(b) an electronic sports bookmaking licensee;
(c) an electronic totalisator licensee.
In this division:
"app advertising" means gambling advertising published or communicated on an app, including a smartphone or tablet app, but does not include—
(a) radio advertising; or
(b) television or video advertising.
"call to action"—see section 1.29D.
"digital advertising" means visual or audiovisual gambling advertising published or communicated in a digital display or on a website, but does not include the following:
(a) app advertising;
(b) direct marketing;
(c) radio advertising;
(d) social media advertising;
(e) television or video advertising;
(f) website advertising.
"direct marketing" includes any gambling advertising sent by the licensee, or by another person on behalf of the licensee, by telephone, SMS, email, app, post or other direct means.
"gambling advertising" means any advertising that promotes, refers to, depicts or otherwise mentions a gambling product or activity.
"print advertising" means gambling advertising published or communicated in print but does not include direct marketing.
"radio advertising" means gambling advertising published or communicated by radio, including by—
(a) a podcast; or
(b) a digital radio on-demand or streaming service; or
(c) a website, social media or app.
"social media advertising"—
(a) means gambling advertising published or communicated on social media by a licensee or another person on behalf of the licensee; and
(b) includes direct marketing published or communicated using social media and sent by SMS, text message, or push notification.
"tagline"—see section 1.29C.
"television" includes free-to-air television, subscription television and over-the-top television.
Example—over-the-top television
a television streaming service
"television or video advertising" means gambling advertising published or communicated by television, including by a website, social media or app.
"website advertising" means gambling advertising published or communicated on the website of a licensee, but does not include—
(a) radio advertising; or
(b) television or video advertising.
1.29C Meaning of tagline —div 1.4.2
For this division, each statement mentioned in an item in table 1.29C is a tagline .
Table 1.29C Taglines
column 1 item | column 2 tagline |
|---|---|
| 1 | You win some. You lose more. |
2 | Chances are you're about to lose. |
| 3 | What's gambling really costing you? |
| 4 | Imagine what you could be buying instead. |
| 5 |
What are you really gambling with? |
| 6 | Think. Is this a bet you really want to place? |
| 7 | What are you prepared to lose today? Set a deposit limit. |
1.29D Meaning of call to action —div 1.4.2
For this division, each statement mentioned in an item in table 1.29D is a call to action .
Table 1.29D Calls to action
column 1 item | column 2 call to action |
|---|---|
| 1 | For free and confidential support visit gamblinghelponline.org.au |
| 2 | For free and confidential support, call the number on the screen or visit the website. |
| 3 | Set a deposit limit |
| 4 | For free and confidential support call 1 800 858 858 or visit gamblinghelponline.org.au |
1.29E Statements to be included in gambling advertising
A licensee must ensure that gambling advertising of a kind mentioned in column 2 of an item in table 1.29E includes—
(a) a tagline mentioned in the item, column 3; and
(b) the call to action mentioned in the item, column 4.
Table 1.29E Statements to be included in gambling advertising
column 1 item | column 2 gambling advertising | column 3 table 1.29C,
| column 4 table 1.29D, |
|---|---|---|---|
| 1 | app advertising | 2, 3, 4, 5, 6, 7 | 3 |
| 2 | digital advertising | 2, 3, 4, 5, 6, 7 | 3 |
| 3 | print advertising | 2, 3, 4, 5, 6, 7 | 4 |
| 4 |
radio advertising—15 seconds or less | 1, 2, 3, 4, 5 | not required |
| 5 | radio advertising—more than 15 seconds | 1, 2, 3, 4, 5 | 4 |
| 6 | social media advertising—160 written characters or less | 2, 3, 4, 5, 6, 7 | 3 |
| 7 | social media advertising—more than 160 written characters | 2, 3, 4, 5, 6, 7 |
4 |
| 8 | television or video advertising—15 seconds or less |
1, 2, 3, 4, 5 | 4 |
| 9 | television or video advertising—more than 15 seconds | 1, 2, 3, 4, 5 | 2 in spoken form together with 4 in visual form |
10 | website advertising | 2, 3, 4, 5, 6, 7 | 3 |
1.29F Additional requirements about taglines and calls to action
(1) A licensee must ensure that a tagline or call to action in spoken form is clearly intelligible to a person listening to the tagline or call to action.
(2) A licensee must ensure that a tagline or call to action that is in visual form is displayed in font that is of a type and size that is clearly legible to a person reading the tagline or call to action at the distance at which the gambling advertising is intended to be viewed.
(3) A licensee must take reasonable steps to ensure that each tagline that can be used for a kind of gambling advertising is used approximately equally over a 12-month period.
(4) The following must be published or communicated only in spoken form:
(a) a tagline mentioned in table 1.29C, item 1 ( tagline 1 );
(b) a call to action mentioned in table 1.29D, item 1 or 2.
(5) However, if tagline 1 is published or communicated as part of a television or video advertisement, it must be published or communicated in visual and spoken form at the same time.
(6) If the content of the call to action is included in the tagline, it is not necessary to repeat the content of the call to action.
1.29G Electronic licensee must keep gambling advertising records
A licensee must keep a copy of gambling advertising published or communicated by or for the licensee for at least 12 months after the day the advertising was last published or communicated.
Example
A licensee runs an advertising campaign commencing on 1 January 2024. The campaign consists of 1 television advertisement and 1 radio advertisement. The television advertisement is broadcast for the last time on 1 March 2024 and the radio advertisement is broadcast for the last time on 1 April 2024. The licensee must keep a copy of the television advertisement until 28 February 2025 and a copy of the radio advertisement until 31 March 2025.
Division 1.4.3 Promotions and inducements
1.30 Promotions and inducements
(1) The licensee of a gambling facility must not—
(a) conduct a promotion that requires or encourages people to gamble at the facility for a minimum period of time to qualify for rewards;
(b) conduct a promotion that requires or encourages people to gamble a minimum amount to qualify for rewards; or
(c) conduct a promotion for or including gambling at the facility that includes an offer of free or discounted alcohol.
(2) Subsection (1) (b) does not apply to—
(a) the promotion of a commission-based player scheme under the Casino Control Act 2006
; or
(b) a player reward scheme that is advertised only within the gambling facility or directly to members of the facility; or
(c) someone mentioned in section 1.1, definition of "licensee", paragraph (f); or
(d) a promotion that requires or encourages the single lowest available bet on a gambling activity unless the bet is combined with, or required to be made in addition to, any other bet.
Examples—par (d)
1 The requirement to have a single unit on a boxed trifecta could be used as an entry to a promotion as this is the lowest available bet on this wager.
2 The requirement to have 3 betting tickets for a win cannot be used as an entry requirement into a promotion as this requires the combination of bets.
3 The requirement to have a win bet ticket, regardless of the amount of the bet, can be used as an entry into a promotion as it does not require a particular size of bet above the minimum.
(3) A gaming machine licensee must not—
(a) conduct a promotion or offer an inducement that encourages people to increase their intensity of betting at the facility; or
Examples—increased intensity of betting
1 increasing the amount of money spent on betting at the facility in a particular period of time
2 increasing the amount of each individual bet made at the facility
(b) induce people to gamble at the licensee's facility by offering—
(i) free or discounted alcohol; or
(ii) cash, or free or discounted gambling credits, unless the offer of cash or credits is made to all patrons of the facility all of the time as part of the facility's usual or regular prize schedule.
(4) The licensee of a gambling facility must ensure that promotional material relating to gambling at the facility—
(a) contains the rules and conditions of the promotion; or
(b) states where at the facility the rules and conditions of the promotion can be inspected.
(5) The licensee of a gambling facility must make the rules and conditions of the promotion available for inspection at the facility.
(6) A totalisator licensee, electronic race bookmaking licensee or sports bookmaking licensee must not offer an inducement to a person—
(a) to open a betting account with the licensee; or
(b) to refer another person to open a betting account with the licensee.
Examples—inducements
1 free or discounted gambling credits
2 vouchers or other rewards
(7) A totalisator licensee, electronic race bookmaking licensee or sports bookmaking licensee must not give or offer a person a complimentary or discounted betting credit or token (a bonus bet ) unless any winnings from the bonus bet—
(a) can be withdrawn by the person; and
(b) are not subject to a requirement that they be used to place further bets.
(8) If a person wishes to redeem points under a player reward scheme conducted by—
(a) a gaming machine licensee or a casino licensee at a gambling facility and the licensee offers gambling credits, the licensee must offer the person rewards or benefits other than gambling credits for the points; or
(b) a gaming machine licensee at a gambling facility, the licensee must not offer a reward or benefit to the person if the value of the reward or benefit is more than $1000.
(9) For subsection (8) (b), if a reward or benefit is made up of 2 or more parts, the value of the reward or benefit is the total value of all the parts.
(10) In this section:
"player reward scheme", at a gambling facility includes a player loyalty scheme, and means a scheme in which a patron of the facility—
(a) earns points by participating in an activity at the facility; and
(b) may redeem the points for a reward or benefit.
"winnings", from a bonus bet by a person, means the amount to be paid or credited to the person if the bet is successful.
(11) This section is subject to section 1.31.
1.30A Gaming machine promotions—alternative ways to participate
(1) This section applies to a promotion conducted at a gambling facility that a patron of the facility may take part in by playing a gaming machine.
(2) The licensee of the gambling facility must ensure that there is at least 1 other way a patron of the facility may take part in the promotion.
Examples
1 entry to the facility
2 buying food or drink at the facility
1.30B Personally addressed promotional material—gaming machine and casino licensees
(1) This section applies only to a gaming machine licensee or casino licensee.
(2) A patron of a gambling facility may, in writing, ask the licensee of the facility to not send the patron promotional material.
(3) The patron may, in writing, revoke the patron's request under subsection (2) at any time.
(4) If a patron makes a request under subsection (2), and does not revoke the request under subsection (3), the licensee must not send any promotional material to the patron that is personally-addressed to the patron.
Division 1.4.4 Direct marketing
1.30C Direct marketing—electronic race bookmaking, sports bookmaking and totalisator licensees
(1) This section applies to the following licensees:
(a) an electronic race bookmaking licensee;
(b) a sports bookmaking licensee;
(c) a totalisator licensee.
(2) The licensee must ensure that the licensee's direct marketing is not sent to a person unless—
(a) the person has expressly consented to receive the direct marketing; and
(b) the direct marketing complies with any guidelines made under section 1.30D.
(3) The licensee must ensure that the licensee's direct marketing is not sent to a person after 5 business days from the date a request is received from the person to—
(a) stop getting the direct marketing; or
(b) close their betting account.
1.30D Guidelines for direct marketing by electronic race bookmaking, sports bookmaking and totalisator licensees
(1) The Minister may make guidelines about direct marketing by the following licensees:
(a) an electronic race bookmaking licensee;
(b) a sports bookmaking licensee;
(c) a totalisator licensee.
(2) A guideline is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
1.31 Directions about advertising, promotions and inducements
(1) The commission may give a written direction to a licensee to ensure compliance with this part.
(2) If the commission gives a direction to the licensee, the
licensee must comply with the direction.
Part 1.5 Club licensee
obligations—club refuge declarations
This part applies to a club licensee if a club refuge declaration is in force for the licensee's club.
1.33 Meaning of club refuge declaration —pt 1.5
In this part:
"club refuge declaration"—see the Gaming Machine Act 2004
, section 166B (1).
1.34 Club refuge declaration—refuge area
(1) The club licensee must make an area in the club (a refuge area ) available to a person who accesses the club as a refuge.
(2) The refuge area must be separate from the gaming area.
(3) The club licensee must not serve alcohol in the refuge area.
1.35 Club refuge declaration—information about emergencies and refuges
(1) If the emergency services commissioner gives information to the community under the Emergencies Act 2004
, section 149B about an emergency to which the club refuge declaration relates, the club licensee must make that information available to people who access the club as a refuge.
(2) If the director-general for an administrative unit gives information to the club licensee about other places that may be accessed as a refuge while the club refuge declaration is in force for the licensee's club, the club licensee must make that information available to people who access the club as a refuge.
1.36 Club refuge declaration—gambling contact officers
The club licensee must ensure that a gambling contact officer for the club is present in the club.
1.37 Club refuge declaration—direct marketing
The club licensee must ensure a person accessing the club as a
refuge does not receive direct marketing about club membership.