Northern Territory Consolidated Acts

GAMING MACHINE ACT 1995

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   2A.     Objects  
   3.      Definitions  
   4.      Meaning of conduct of gaming  
   5.      Meaning of associate  
   6.      Meaning of play a gaming machine  
   6A.     Meaning of locality  
   7.      Act not to apply to casinos  
   8.      Act binds Crown  

   PART 2--ADMINISTRATION

   9.      Appointment of Director of Gaming Machines  
   10.     Delegation  
   11.     Annual report  
   17.     Powers and functions of Director  
   20.     Inspectors  
   21.     Authorised persons  
   22.     Secrecy  
   22A.    Recognition of interstate matters by Director  

   PART 2A--RESTRICTIONS ON GAMING MACHINE NUMBERS

   22B.    Power to restrict gaming machine numbers  
   22C.    Certain applications to be summarily rejected  

   PART 3--GAMING MACHINE LICENCES

           Division 1--Licensed gaming lawful

   23.     Gaming lawful and does not constitute nuisance  

           Division 2--Gaming machine licences

   24.     Application for gaming machine licence  
   24A.    Notice of application  
   25.     Consideration of application  
   26.     Clubs may be restricted to only one gaming machine licence  
   27.     Changes in circumstances of applicants and licensees  
   28.     Issue of gaming machine licences  
   29.     Schedule of gaming machines  
   30.     Gaming machine licences and schedules to be displayed  
   31.     Issue of copy of gaming machine licence  
   32.     Term of gaming machine licence  
   33.     Conditions of gaming machine licences  
   34.     Imposition or variation of conditions  
   35.     Payment and recovery of amounts  
   36.     Community contribution by clubs  

           Division 3--Transfer of licences

   37.     Definitions  
   37A.    Gaming machine licence held by club cannot be transferred  
   37B.    Transfer of gaming machine licence for hotels etc.  
   37C.    Application for transfer of gaming machine licence  
   38.     Information and material  
   38A.    Community impact analysis  
   38B.    Consideration of transfer application  
   38C.    Relationship with application under Liquor Act 2019  
   39.     Transferee or executive officers must be at least 18 years of age  
   39A.    Determination of transfer application  
   39B.    Effect of transfer  

           Division 4--Alteration of gaming machines

   40A.    Director may alter gaming machines etc.  

           Division 5--Number of gaming machines

   41.     Increase in gaming machines  
   41A.    Community impact analysis  
   41B.    Notice of application  
   42.     Decrease in machines  

           Division 6--Substitution of premises or change to gaming machine areas

   42A.    Definitions  
   42B.    Application for substitution of premises  
   42C.    Information and material  
   42D.    Community impact analysis  
   42E.    Consideration of substitution application  
   42F.    Relationship with application under Liquor Act 2019  
   42G.    Decrease in number of gaming machines  
   42H.    Determination of substitution application  
   42J.    Effect of substitution  
   43.     Modification or relocation of gaming machines areas  

           Division 7--Licensees, associates, beneficial parties etc.

   44.     Disclosure of influential or beneficial parties  
   45.     Investigation of licensees and associates  
   46.     Cessation or commencement of executive officer or secretary  

           Division 8--Surrender, suspension and cancellation

   47.     Surrender of gaming machine licences  
   48.     Cancellation or suspension of gaming machine licences in certain circumstances  
   49.     Cancellation, suspension, etc. of gaming machine licences  
   50.     Suspension of gaming machine licence pending decision  
   51.     Effect of suspension of licence  
   52.     Gaming machines not to be played  

           Division 9--Miscellaneous matters

   53.     Recovery of gaming machines etc.  
   54.     Appointment of administrator instead of suspension  
   55.     Expenses of administration  
   56.     Liability for losses incurred during administration  

   PART 4--LICENSING OF REPAIRERS, SERVICE CONTRACTORS, MONITORING PROVIDERS AND MACHINE MANAGERS

   57A.    Application  
   58.     Repairers  
   59.     Service contractors  
   59A.    Monitoring providers  
   60.     Machine managers  
   61.     Certain persons to apply for machine manager's licence  
   62.     Applications for licence under this Part  
   63.     Changes in circumstances of applicants for and holders of licences  
   64.     Consideration of application  
   65.     Grant or refusal to grant licence  
   66.     Form of licence  
   67.     Issue of copy of licence  
   68.     Term of licences  
   69.     Conditions of licence  
   70.     Variation of condition of licence  
   71.     Renewal of licences  
   72.     Licences not to be transferred  
   73.     Display of repairer's licence  
   74.     Disclosure of influential or benefiting parties  
   75.     Investigation of holder of licence and associates  
   76.     Cessation or commencement of executive officer or secretary  
   77.     Notification of employment and agreements  
   78.     Surrender of licence  
   79.     Cancellation or suspension of licence  
   80.     Suspension of licences pending decision  
   81.     Effect of suspension of licence  
   82.     Provisional licences  
   82A.    Interim licences  

   PART 5--SUPERVISION AND MANAGEMENT OF GAMING

   83.     Installation and storage of gaming machines by licensee  
   84.     Gaming machines not to be played if not installed in gaming machine area  
   85.     Gaming equipment not to be an annoyance, &c.  
   87.     Maintenance of facilities, &c.  
   88.     Hours of gaming  
   89.     Rules ancillary to gaming  
   90.     Rules ancillary to gaming to be available and enforced  
   91.     Licensees not to extend credit  
   92.     Gaming tokens  
   94.     Payments in connection with gaming  
   95.     Entitlement of players  
   96.     Malfunction of gaming machines  
   97.     Defective gaming machines not allowed  
   98.     Security of keys, &c.  
   99.     Certain persons only to have access etc. to gaming machines  
   100.    Contracts for certain services to be approved  
   101.    Licensees to keep records of certain employees  
   102.    Notification of employment or cessation of employment of machine manager  
   103.    Persons under 18 not to be employed  
   104.    Persons under 18 not to play gaming machines  
   105.    Persons under 18 not to be allowed to game  
   106.    Misrepresentation of age  
   107.    Wrongful dealing with evidence of age  
   108.    Seizure of form wrongly used as evidence of age  
   109.    Ascertainment of age  
   110.    Seizure of material associated with representation of age  
   111.    Defence to charge if age material  
   112.    Licensees to prohibit certain persons from gaming  
   113.    Removal of certain persons  
   114.    Obstruction to removal from licensed premises  
   115.    Obstruction generally  

   PART 6--CONTROL OF GAMING MACHINES

   116.    Recognised manufacturers or suppliers of gaming machines  
   117.    Recognised suppliers of restricted components  
   118.    Investigation of suitability of listed persons  
   119.    Removal of names of persons from roll  
   120.    Manufacture, sale, supply, obtaining or possession of gaming machines  
   121.    Possession etc. of gaming machines and restricted components by recognised manufacturers or suppliers of gaming machines  
   121A.   Sale of gaming machines and gaming equipment by licensees  
   122.    Possession, &c., of restricted components by recognised suppliers of restricted components  
   123.    Possession etc. of restricted components by licensed repairers  
   124.    Possession, &c., of restricted components by licensed service contractors  
   124A.   Possession etc. of gaming equipment by licensed monitoring provider  
   125.    Possession etc. of gaming machines and restricted components by licensees  
   126.    Possession etc. of gaming machines etc. by other persons  
   127.    Consignment or movement of gaming machines  
   128.    Purchase of gaming equipment etc.  
   129.    Financing of gaming machines  
   131.    Acceptance by Director of gaming equipment and games for evaluation  
   132.    Withdrawal of approval of gaming machine types and games  
   133.    Gaming machines supplied to be in accordance with approval  
   134.    Linked jackpots  
   135.    Gaming machines to be labelled with identification number  
   136.    Gaming prohibited on unprotected devices  
   136A.   Director to issue or approve seals  
   137.    Unlawful interference with gaming equipment  
   138.    Protection of sensitive areas of gaming equipment  
   139.    Wilful damage of gaming equipment  
   140.    Use of gaming machines not provided to licensees  

   PART 7--ACCOUNTING PROCEDURES

   141.    Monthly money reconciliations  
   142.    Daily money clearances  
   143.    Accounts and analyses  
   144.    Monthly gaming machine reconciliation reports to be submitted  
   145.    Records not to be falsified, &c.  
   146.    Audit of accounts  
   147.    Books, records, &c., to be kept for 7 years  

   PART 8--TAXES, LEVIES AND FEES

   148.    Gross monthly profit  
   149.    Gaming machine tax  
   149A.   Gaming machine ownership costs  
   150.    Gaming machine community benefit levy  
   152.    Payment of monthly taxes, levies etc.  
   153.    Penalty for late payment  
   154.    Overpaid money  
   155.    Statement and report by Director  
   156.    Disposition of fees etc.  
   157.    Recovery of taxes and levies  
   158.    Offences relating to revenue  
   159.    Offences relating to explanations  

   PART 9--DIRECTIONS, POWERS, &C.

   160.    Definitions  
   161.    Directions to licensees  
   161A.   Guidelines by Director  
   162.    Powers of inspectors  
   163.    Offences relating to inspectors  
   164.    Minister may order inquiry  
   165.    Review and termination of agreements  
   166.    Financial institution may be required to provide particulars  

   PART 9A--REVIEW OF DECISIONS

   166A.   Definitions  
   166B.   Notice of delegate decision  
   166C.   Application for review  
   166D.   Effect of application on delegate decision  
   166E.   Director to consider application  
   166F.   Conducting and deciding review  
   166G.   Notice of decision on review  
   166H.   Application to NTCAT for review of Director's decision  

   PART 10--GENERAL

   167.    Certain persons not to play gaming machines  
   168.    Inspector may be prohibited from playing gaming machines  
   169.    Prohibition on control of applications by clubs  
   170.    Restriction on certain agreements  
   171.    Exemption of devices, &c.  
   172.    Approvals and authorities  
   173.    Bribery  
   174.    Financial connections and interests of inspectors  
   175.    Reporting of accounting discrepancies and criminal activity  
   176.    Cheating  
   177.    Forgery and similar offences  
   178.    Detention, arrest, &c., of persons by police in relation to certain offences  
   179.    Liability for offences by servants, agents or employees  
   180.    Criminal liability of executive officer of body corporate  
   180A.   Criminal liability of executive officer of body corporate – deemed liability if body corporate commits offence  
   181.    Power to request name and address by police officers  
   182.    Fingerprints and the like  
   183.    Claims of privilege in proceedings for offences  
   184.    Protection from liability  
   185.    Prosecution of offenders  
   186.    Institution of proceedings  
   187.    Forfeiture  
   188.    Service of documents  
   189.    Evidence in proceedings  
   190.    Disclosure of criminal history  
   191.    Approval of terminating date for financial year  
   192.    Refund of amounts in certain circumstances  
   193A.   Codes of practice  
   194.    Regulations  

   PART 11--TRANSITIONAL MATTERS FOR LICENSING (DIRECTOR-GENERAL) ACT 2014

           Division 1--Definitions

   195.    Definitions  

           Division 2--Applications

   196.    Application to NTLC Director – pending decision  
   197.    Application to Commission – not yet considered  
   198.    Application to Commission – under active consideration  
   199.    Active consideration  

           Division 3--Review of decisions

   200.    New review regime applies to post-commencement decisions  
   201.    Review of pre-commencement decision – application not yet made  
   202.    Review of pre-commencement decision – application made  

           Division 4--General matters

   203.    Continuation of ongoing documents and things  

   PART 12--TRANSITIONAL MATTERS FOR STATUTE LAW AMENDMENT (DIRECTORS' LIABILITY) ACT 2015

   204.    Offences – before and after commencement  

   PART 13--TRANSITIONAL MATTERS FOR LICENSING (DIRECTOR-GENERAL) REPEAL ACT 2020

   205.    Definitions  
   206.    Applications to be decided by Director  
   207.    Director to complete delegate decision reviews  
   208.    Continuation of instruments, appointments, documents etc.  
           SCHEDULE
           ENDNOTES