Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actssubstitute
Dictionary
(see s 3)
Note 1 The Legislation Act
contains definitions and other provisions relevant to this Act.
Note 2 In particular, the Legislation Act
, dict, pt 1, defines the following terms:
• ACAT
• ACT
• adult
• appoint
• business day
• child
• contravene
• Corporations Act
• Criminal Code
• daily newspaper
• disallowable instrument (see s 9)
• Executive
• fail
• found guilty
• gambling and racing commission
• individual
• law, of the Territory
• Legislation Act
• may (see s 146)
• must (see s 146)
• penalty unit (see s 133)
• prescribed
• regulation
• reviewable decision notice
• State
• the Territory
• under.
"acquire" a gaming machine, means take possession of the gaming machine for the purpose of using it for gaming.
"approval", for division 6.6 (Repossession of gaming machines)—see section 105A.
"approval certificate", for an approved technician—see section 80 (2) (a).
"approval-holder"—see section 38A.
"approved supplier" means a person approved under section 72 as a supplier.
"approved technician" means an individual approved under section 75 or section 76 as a technician.
"associated organisation", for a club, means an entity declared to be an associated organisation under section 147 (1).
"associated organisation declaration", for part 9 (Club administration)—see section 144A.
"association number", for a licensee that is an associated incorporation, means the association number on the licensee's certificate of incorporation under the Associations Incorporation Act 1991
.
"authorisation "means an authorisation under an authorisation certificate to operate a gaming machine at the premises stated in the authorisation certificate.
"authorisation certificate amendment application", for part 2B (Licences and authorisations)—see section 33 (1).
"authorisation certificate application", for class C gaming machines, for part 2B (Licences and authorisations)—see section 21 (1).
"authorisation certificate number"—
(a) for an authorisation certificate under a class B licence—see section 30 (3) (e); and
(b) for an authorisation certificate under a class C licence—see section 27 (1) (c).
"authorisation number"—
(a) for an authorisation under a class B licence—see section 30 (3) (j) (ii); and
(b) for an authorisation under a class C licence—see section 27 (1) (h) (ii).
"authorisation schedule"—
(a) for an authorisation certificate under a class B licence—see section 30 (3) (j); and
(b) for an authorisation certificate under a class C licence—see section 27 (1) (h).
"authorised officer" means an authorised officer under the Control Act, section 20.
"authorised premises" means premises for which an authorisation certificate is in force.
"cancelled", for part 4 (Disciplinary action)—see section 56.
centralised monitoring system (or "CMS")—see section 66.
"class B gaming machine—"
(a) means a gaming machine consisting of the game of draw poker, or a game derived from draw poker, that requires player interaction or intervention as part of the fundamental game operation; but
(b) does not include a gaming machine prescribed by regulation.
"class B licence", for part 2B (Licences and authorisations)—see section 11.
"class B licence and authorisation certificate application", for part 2B (Licences and authorisations)—see section 28 (1).
"class B licensee", for division 6.10 (Trading of authorisations and gaming machines)—see section 127B.
"class C gaming machine—"
(a) means a gaming machine that consists of a game other than the following games or games derived from them:
(i) roulette;
(ii) blackjack;
(iii) sic bo;
(iv) craps;
(v) pai gow;
(vi) baccarat;
(vii) two-up;
(viii) money wheel;
(ix) draw poker; but
(b) does not include a gaming machine prescribed by regulation.
"class C licence", for part 2B (Licences and authorisations)—see section 11.
"class C licence application", for part 2B (Licences and authorisations)—see section 15.
"class C licensee", for division 6.10 (Trading of authorisations and gaming machines)—see section 127B.
"club" means a corporation or associated incorporation established for the benefit of members to achieve eligible objects.
"CMS"—see centralised monitoring system .
"commission" means the gambling and racing commission.
"community contribution" means a contribution made by a licensee that is approved as a community contribution under section 164.
"community contribution shortfall tax"—see section 172 (1).
"computer cabinet" means the sealable part of a gaming machine that contains the game storage medium and the random access memory.
"computer cabinet access register"—see section 71 (1).
"constitution" means—
(a) for a club that is a company—the memorandum, and any articles of association, of the company; or
(b) for a club that is an incorporated association—the statement of objects and the rules of the association.
"contribution" means any money, benefit, valuable consideration or security.
"Control Act" means the Gambling and Racing Control Act 1999
.
"control procedures", for an entity, means the procedures under section 97.
"corporation" includes a club.
Note Corporation —see the Legislation Act
, dictionary, pt 1.
"disciplinary action", for part 4 (Disciplinary action)—see section 58.
"disciplinary notice", for part 4 (Disciplinary action)—see section 61.
"dispose of" a gaming machine includes the following:
(a) lease or hire the gaming machine to a person;
(b) destroy the gaming machine;
(c) make the gaming machine inoperable.
"eligible club"—see section 146.
"eligible object"—see section 145.
"eligible person"—
(a) for an individual—see section 6; and
(b) for a corporation—see section 7.
"employ "includes engage.
"executive officer", of a corporation, means a person, however described and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation's management.
"external administrator", for a licensee, for division 6.6 (Repossession of gaming machines)—see section 105A.
"final", for part 4 (Disciplinary action)—see section 56.
"game", in relation to a gaming machine, means a play, or a series of plays, initiated by the application of a single stake registered on the gaming machine.
"gaming area"—
(a) for an authorisation certificate under a class B licence—see section 30 (3) (h); and
(b) for an authorisation certificate under a class C licence—see section 27 (1) (f).
"gaming area amendment", for part 2B (Licences and authorisations)—see section 33 (1) (a).
"gaming law" — see the Control Act
, dictionary.
"gaming machine"—
(a) means a machine—
(i) designed for playing a game of chance, or of mixed chance and skill; and
(ii) designed to be played completely or partly by—
(A) the insertion of 1 or more coins, notes or tokens; or
(B) the application of a monetary credit registered on the machine or elsewhere; and
(iii) that offers, or that appears to offer, people a chance to win monetary or other valuable consideration by playing the machine; but
(b) does not include a device prescribed by regulation.
"gaming machine tax" means the tax imposed by section 159.
"gaming rules", for an entity, means the rules mentioned in
section 22
(2) (c).
"general licence"—see the Liquor Act 2010
"general purpose", for a storage permit, for division 6.11 (Storage of authorisations and gaming machines)—see section 127N (a).
"gross revenue", of a licensee or person, means all revenue derived by the licensee or person from the operation of gaming machines, other than—
(a) the amount of winnings for playing the gaming machines paid or payable under the gaming machines' indicated prize scales (excluding linked jackpots); and
(b) any amount set aside under a linked-jackpot arrangement for the payment of linked jackpots.
"ground for disciplinary action" against a licensee, for part 4 (Disciplinary action)—see section 57.
"incoming licensee", for division 2B.6 (Transfer and surrender of licences and authorisation certificates)—see section 37E (1).
"incorporated association" means an association incorporated under the Associations Incorporation Act 1991
.
"increase maximum amendment", for part 2B (Licences and authorisations) — see section 33 (1) (c).
"influential person", for a corporation—see section 8.
"in-principle authorisation certificate"—see section 38A.
"inspection notice", for division 6.11 (Storage of authorisations and gaming machines)—see section 127ZE (1).
"interim purpose", for a storage permit, for division 6.11 (Storage of authorisations and gaming machines)—see section 127N (b).
"jackpot", in relation to a gaming machine, means the combination of letters, numbers, symbols or representations as part of a game on the gaming machine that pays the maximum winnings payable on the gaming machine for any 1 combination.
"licence"—
(a) means a licence issued under—
(i) section 29 for class B gaming machines; or
(ii) section 17 for class C gaming machines; and
(b) for part 4 (Disciplinary action)—see section 56; and
(c) in relation to a person approved to operate a linked-jackpot arrangement under section 134—means the approval; and
(d) in relation to a permit-holder under part 8 (Linked-jackpot arrangements)—means a multi-user permit.
Note Licensee has a meaning corresponding to the meaning of licence (see Legislation Act
, s 157).
"licence number"—
(a) of a class B licence—see section 30 (2) (b) (vii); and
(b) of a class C licence—see section 20 (1) (b) (vi).
"licensee's name", in relation to a class C licensee, means the name of the licensee's legal entity.
"life member", of a club, means a person who is elected to membership of the club for life under the rules of the club.
"linked jackpot" means winnings under a linked-jackpot arrangement operated under an approval or permit under part 8.
"linked-jackpot arrangement" means an arrangement under which 2 or more gaming machines are linked to a device that—
(a) from time to time, records the amount payable as winnings under the arrangement; and
(b) for the purpose of recording the amount mentioned in paragraph (a), receives messages from each gaming machine to which it is linked; and
(c) cannot affect the percentage payout of, or transmit a message to, a gaming machine to which it is linked.
"local jurisdiction" means a State or New Zealand.
"maintain" a gaming machine includes repair, adjust or alter the gaming machine.
"maximum number", of authorisations, means the maximum number of authorisations for gaming machines that a licensee may have under an authorisation certificate.
"member", of a club, means—
(a) a member who, under the rules of the club, is required to pay fees; or
(b) a life member.
"minor licence amendment application", for part 2B (Licences and authorisations)—see section 31 (1).
"multi-user permit"—see section 135.
"net revenue", of a licensee that is a club, means gross revenue derived by the licensee, less—
(a) any amount of gaming machine tax payable on that revenue; and
(b) 24% of the gross revenue.
"notifiable action"—see section 173C.
"officer" of a club—
(a) means—
(i) any office-holder of the club (however described), including the secretary, treasurer, executive officer or public officer; or
(ii) anyone else concerned in or who takes part in the management of the club's affairs; but
(b) does not include a patron or the holder of another honorary office of the club if the office does not give its holder a right to take part in the management of the club's affairs.
"on licence"—see the Liquor Act 2010
Note The Liquor Act 2010
, div 2.2 deals with subclasses of on licences.
"outgoing licensee", for division 2B.6 (Transfer and surrender of licences and authorisation certificates)—see section 37E (1).
"percentage payout", for a gaming machine, means the percentage payout allowed for the gaming machine under the authorisation.
"peripheral equipment", for a gaming machine—see section 68.
"permit", for division 6.11 (Storage of authorisations and gaming machines)—see section 127M.
"permit-holder" means the holder of a multi-user permit.
"premises relocation amendment", for part 2B (Licences and authorisations)—see section 33 (1) (b).
"prescribed number of days", in relation to a notifiable action—see section 173D (5).
"problem gambling assistance fund"—see section 163B.
"properly completed", for an application—see section 9 (1).
"proposed gaming area", in relation to an authorisation certificate application for a class C licence—see section 22 (2) (b) (ii).
"quarantined authorisation", for division 6.11 (Storage of authorisations and gaming machines)—see section 127M.
"quarantined gaming machine", for division 6.11 (Storage of authorisations and gaming machines)—see section 127M.
"quarantine period", for a gaming machine and authorisation to which a quarantine permit applies, for division 6.11 (Storage of authorisations and gaming machines)—see section 127M.
"quarantine permit", for division 6.11 (Storage of authorisations and gaming machines)—see section 127Q.
"registered party"—see the Electoral Act 1992
, dictionary.
repossession , of a gaming machine, includes taking possession of the gaming machine under a default provision in a financial agreement.
"required community contribution", for a licensee that is a club—see section 169 (1).
"required documents", for an authorisation certificate application for class C gaming machines—see section 22 (2).
"reviewable decision", for part 13 (Notification and review of decisions)—see section 173.
"secretary", in relation to a club, includes a person concerned in the management of the club.
"short-term approval", for a technician—see section 76 (3).
"social impact assessment", for an authorisation certificate application, authorisation certificate amendment application, or application for an in-principle certificate of approval—see section 12 (1).
"statement of objects" of a club, means—
(a) for a company—the memorandum of the company; or
(b) for an incorporated association—the statement of objects of the association.
"storage period", for a gaming machine or authorisation to which a storage permit applies, for division 6.11 (Storage of authorisations and gaming machines)—see section 127M.
"storage permit"—see section 127L.
"storage rules", for division 6.11 (Storage of authorisations and gaming machines)—see section 127M.
"stored authorisation", for division 6.11 (Storage of authorisations and gaming machines)—see section 127M.
"stored gaming machine", for division 6.11 (Storage of authorisations and gaming machines)—see section 127M.
"tax law"—see the Taxation Administration Act 1999
"technical amendment"—see section 37B (1).
"technical evaluation "means a technical evaluation under section 69.
"warning notice", for an associated organisation, for part 9 (Club administration)—see section 147B.