New South Wales Consolidated Acts

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- As at 13 January 2023 
- Act 127 of 2001 


           Long Title


   1.      Name of Act
   2.      Commencement
   3.      Objects of Act
   4.      Definitions
           5, 6. (Repealed)
   7.      Lawful keeping and operation of gaming machines
   8.      Gaming machines not used for purposes of gambling
   9.      Subsidiary equipment not included in calculation of gaming machine numbers


   10.     Overall State cap on gaming machine entitlements
   11.     Limit on number of gaming machines in hotels
           12, 13. (Repealed)


           Division 1 - Preliminary

   14.     Restrictions on number of gaming machine entitlements and permits held

           Division 2 - Tradeable gaming machine entitlement scheme

           15-15B. (Repealed)
   16.     Certificate of gaming machine entitlements
           17, 18. (Repealed)
   19.     Transfer of gaming machine entitlements
   20.     General requirements relating to transfer of gaming machine entitlements
   20A.    Exceptions for transfers of country hotel gaming machine entitlements
   21.     Other provisions relating to transfer of gaming machine entitlements
           21A, 22. (Repealed)
   23.     Transfer of gaming machine entitlements when hotel or club licence surrendered or cancelled

           Division 2A - Leasing of gaming machine entitlements

   24.     Leasing of gaming machine entitlements permitted
   25.     Lease requires approval of Authority
   25A.    Standard form of lease
   25B.    Effect of lease of gaming machine entitlements
   25C.    Levy payable for lease of gaming machine entitlement

           Division 3 - Transfer of permits

   26.     Transfer of permits generally
   27.     Hotel's gaming machine threshold to be decreased when permits transferred to another hotel
   28.     Transfer of permits when hotel licence surrendered or cancelled
           29-31. (Repealed)

           Division 4 - Miscellaneous provisions

           31A, 31B. (Repealed)
   31C.    Consequences of moving to temporary premises


           Division 1 - Gaming machine threshold scheme

   32.     Gaming machine thresholds for venues
   32A.    Caps on gaming machine entitlements in particular areas
   33.     Classification of local statistical areas
   34.     Application to increase gaming machine threshold
   35.     Requirements relating to threshold increase applications
   36.     Approval of LIA by Authority
   36A.    Community benefit requirement--payment of money to Responsible Gambling Fund
   36B.    Community benefit requirement--consideration of additional positive contributions
   36C.    Guidelines for threshold increase applications
   37.     Limited period for acquiring gaming machine entitlements
   37A.    Special provision for clubs establishing in new development areas
   37B.    Restriction on gaming machine thresholds for venues in retail shopping centres
   37C.    Special provision relating to de-amalgamated clubs

           Division 2 - Mandatory shutting down of gaming machines

   38.     (Repealed)
   39.     General 6-hour shutdown period after 1 May 2003
   40.     Approval of 3-hour shutdown period on weekends and public holidays
   40A.    Approval of limited shutdown period on hardship grounds
   41.     Approval of different shutdown periods for "early openers"
   42.     General provisions

           Division 3 - General harm minimisation measures

   43.     Prohibition on publishing gaming machine advertising
   44.     Prohibition on displaying gambling-related signs
   44A.    Location of gaming machines in venues
   45.     Regulation of promotional prizes and player reward schemes
   45A.    Disclosure of information in player activity statements
   45B.    Disclosure of information in relation to players
   46.     Provision of problem gambling counselling services
   47.     Responsible conduct in relation to gaming machines
   47A.    Prohibition on accepting transfer of prize winning cheques
   47B.    Requirements relating to prize winning cheques
   47C.    Prohibition on certain cash dispensing facilities
   48.     Industry codes of practice
   49.     Self-exclusion of patrons from hotels and clubs

           Division 3A - Responsible conduct of gambling (RCG) training

   49A.    Definitions
   49B.    Conditions of approval to conduct RCG training courses
   49C.    Prohibition on granting interim RCG certificates to unqualified persons
   49D.    Prohibition on providing training courses without approval

           Division 4 - Specific provisions relating to minors

   50.     Minors prohibited from operating gaming machines in hotels or clubs
   51.     Hoteliers and clubs liable for operation of gaming machines by minors
   52.     Minors not permitted in gaming machine areas
   53.     Minors required to provide information
   54.     (Repealed)
   55.     Minors not to be detained


           Division 1 - Authorisation to keep or dispose of gaming machines

   56.     Requirement for authorisation to keep or dispose of gaming machines
   56A.    Gaming machines cannot be authorised on certain premises situated at Barangaroo
   57.     Application for authorisation to keep or dispose of gaming machines
   58.     Suspension or cancellation of authorisations
   59.     Authorisation to keep gaming machines in hotel subject to primary purpose test
           59A-60A. (Repealed)
   61.     Clubs may keep multi-terminal gaming machines
   61A.    Limit on number of MTGMs in clubs
   61B.    MTGMs in clubs with not more than 33 gaming machine entitlements

           Division 2 - Approval of gaming machines by Authority

   62A.    Gambling harm minimisation and related matters
   62.     Authority may approve technical standards
   63.     Application for declaration of device as approved gaming machine
   64.     Declaration of approved gaming machines
   65.     Dealer may make representations on investigation of gaming machine or revocation of declaration
   66.     Non-approved gaming machines may be kept on trial basis

           Division 3 - Transfer of Authority's functions

   67.     Transfer of Authority's functions in relation to approved gaming machines


   68.     Hotel gaming rooms
   68A.    Location and operation of gaming machines in hotels
   69.     Possession etc of gaming machines that are not approved
   69A.    Sale etc of unapproved gaming machine components
   70.     Possession of approved gaming machine by unauthorised person
   71.     Supply and purchase of gaming machines
   72.     Restrictions on keeping or modification of gaming machines
   73.     Sharing of receipts from gaming machines
   74.     Granting interests in gaming machines
   75.     Prohibition on gaming machines that provide cash or credit otherwise than as a prize
   75A.    General requirement to award or pay prizes
   76.     Defective gaming machines
   76A.    Causing defects in gaming machines
   76B.    Hoteliers and clubs to record work done by technicians
   77.     Protection of sensitive areas of gaming machines
   78.     Modification of gaming machines
   79.     Consignment or movement of gaming machines
   80.     Cheating and unlawful interference with gaming machines
   80A.    False claims for prizes
   81.     Illegal advantage gained during design etc of gaming machines
   81A.    Authorisation to destroy approved gaming machine


           Division 1 - Preliminary

   82.     Definitions
   83.     Types of gaming-related licences and authority they confer

           Division 2 - Requirement for gaming-related licences

   84.     Manufacturing or assembling of gaming machines
   85.     Sale of gaming machines
   86.     Servicing and repair of gaming machines
   87.     (Repealed)

           Division 3 - Licensing scheme

   88.     Applications for gaming-related licences
   89.     Interim work permits
   90.     (Repealed)
   91.     Disclosure of interested parties
   92.     Updating of applications
   93.     (Repealed)
   94.     Investigations, inquiries and referrals in relation to licence applications
   95.     Director may require further information
   95A.    Submissions in relation to licence applications
   96.     Costs of investigation by Secretary or Commissioner of Police to be paid by applicant
           97-100. (Repealed)
   101.    Granting of gaming-related licences generally
   102.    Granting of testing facility licence
   103.    (Repealed)
   104.    Conditions of gaming-related licences
   105.    (Repealed)
   106.    Authority may require dealers to alter certain gaming machines
   107.    Duration of gaming-related licences
   108.    Periodic licence fee
   109.    Cancellation for late payment of periodic licence fee
   110.    Application for reinstatement of cancelled gaming-related licence or work permit
   111.    Authority may refund licence fee
   112.    (Repealed)
   113.    Periodic returns by gaming-related licensees

           Division 4 - (Repealed)

           Division 5 - Other provisions relating to gaming-related licences

   117.    Keeping of records
   118.    Control of business carried on under gaming-related licence
   119.    Standards of competence
   120.    Lost or destroyed gaming-related licence
   121.    Compliance plate for gaming machines
   122.    Provision of financial assistance by gaming-related licensee
   123.    Cessation of employment of seller or technician
   124.    Notification of change of employer
   125.    Change in state of affairs of gaming-related licensee
   126.    Gaming-related licensee to display identification


   127.    Interpretation
   128.    Secretary may carry out inquiries and investigations
   129.    Grounds for making complaint
   130.    Procedure for taking disciplinary action
   131.    Disciplinary powers of Authority
   131A.   Procedure for implementing disciplinary action
   131B.   Requirement for legal member of Authority to be present
   131C.   Administrative review by NCAT of decision by Authority under this Part


   132.    Meaning of "connected" to an authorised CMS
   133.    Hoteliers and clubs required to connect gaming machines to authorised CMS
   133A.   Technicians required to connect gaming machines to authorised CMS
   134.    Monitoring fee payable by hoteliers and clubs to CMS licensee
   135.    Operation of authorised CMS
   136.    Grant of CMS licence
   136A.   Eligibility for grant of licence
   136B.   General conditions of CMS licence
   136C.   Mandatory ancillary CMS services
   136D.   Approved ancillary CMS services
   136E.   Confidential information relating to CMS licensee
   136F.   Review of suitability of licensee
   137.    (Repealed)
   138.    Alterations of conditions of CMS licence
   139.    Rights associated with and control of CMS information
   140.    Unlawful interference with authorised CMS
   140A.   Protection from personal liability


           Division 1 - Preliminary

   141.    Definitions
   142.    Operation of Part

           Division 2 - Inter-hotel linked gaming systems

   143.    Division does not apply to intra-hotel linked gaming systems
   144.    Keeping of gaming machines in linked gaming system
   145.    Requirement for licence to operate inter-hotel linked gaming system
   146.    Unlawful operation of inter-hotel linked gaming system by licensee
   147.    Exclusive inter-hotel linked gaming system licence during exclusive licence period

           Division 3 - Inter-club linked gaming systems

   148.    Linked gaming systems to which Division applies
   149.    Keeping of gaming machines in linked gaming system
   150.    Requirement for licence to operate inter-club linked gaming system
   151.    Unlawful operation of inter-club linked gaming system by licensee
   152.    Exclusive inter-club linked gaming system licence during exclusive licence period

           Division 4 - General provisions

   153.    Granting of links licences
   154.    Conditions of links licences
   155.    Alteration of conditions of links licences
   156.    Unlawful interference with authorised linked gaming systems
   156A.   Stand alone play on gaming machines that are part of linked gaming system
   157.    Illegal advantage with respect to linked gaming systems
   158.    Removal of linked gaming system from hotels or clubs
   158A.   Technicians required to reconnect to authorised linked gaming system

   PART 11 - (Repealed)


   166.    Definitions
   167.    Applications for licences
   168.    Consideration and fees for CMS licence or links licences
   169.    Competition and Consumer Act 2010 (Cth) exemption for exclusive licences
   170.    No proprietary right in licences
   171.    Term of licences
   172.    Disciplinary action against licensees
   173.    Rectification orders
   174.    Temporary suspension of licences
   174A.   Suspension or cancellation of CMS licence in extraordinary circumstances
   175.    Surrender of licences
   176.    Appointment of temporary licensee if CMS licence or links licence suspended, cancelled or surrendered
   177.    Directions to licensees and other relevant persons

   PART 13 - (Repealed)


           187-193. (Repealed)
   194.    Evidentiary provisions
           195, 196. (Repealed)
   197.    Proceedings for offences
   198.    Additional penalties
   199.    Remedial orders
   199A.   Liability of directors etc for offences by corporation--accessory to the commission of the offences
   200.    Offences by corporate hoteliers
   201.    Liability of secretary of club and members of governing body
   202.    Liability of management and directors of corporate holders of gaming-related licences
   203.    Penalty notices
   203A.   Forfeiture and seizure of gaming machines


   204.    Crown not liable for any compensation
   204A.   Community Development Fund
   205.    Additional functions of Authority
   205A.   Minister may vary or suspend operation of Act for research or trial purposes
   205B.   Hoteliers and clubs must comply with requirements of inspectors
   206.    Secrecy
   206AA.  Authority to publish certain other information
           206A, 207. (Repealed)
   208.    Delegations
   209.    Relationship with Environmental Planning and Assessment Act 1979
   210.    Regulations
   211.    Savings, transitional and other provisions
           212-215. (Repealed)
   216.    Review of Act
           SCHEDULE 1
           Schedule 5 (Repealed)

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