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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Gaming Machine Limitations)
Bill 2009
A BILL FOR
An Act to amend the Casino Act 1997 and the Gaming Machines
Act 1992.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Casino
Act 1997
4 Amendment of section
3—Interpretation
5 Substitution of section
37A
37A Authorisation of games by the
Commissioner
6 Amendment of section 42B—Certain gaming machine
facilities prohibited
Part 3—Amendment of Gaming Machines
Act 1992
7 Amendment of section
3—Interpretation
8 Substitution of section
40
40 Approval of gaming machines and
games
9 Amendment of section 53A—Prohibition of certain gaming
machine facilities
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Gaming Machine
Limitations) Act 2009.
This Act will come into operation on 1 January 2010.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Casino Act 1997
4—Amendment of
section 3—Interpretation
(1) Section 3(1)—after the definition of gaming
machine insert:
line, in relation to a gaming machine game, means a row of
visible symbols that appear in a random order on the screen of the gaming
machine when the game is played;
(2) Section 3(1)—after the definition of police
officer insert:
reel, in relation to a gaming machine game, means a reel that
is spun when the game is played to produce a symbol on a line, whether
mechanical or virtual through computer programming;
Section 37A—delete the section and substitute:
37A—Authorisation of games by the
Commissioner
(1) The Commissioner must refuse an application for authorisation of a
game to be played in the casino if—
(a) in the case of a gaming machine game, the Commissioner is not
satisfied by the applicant—
(i) that the game and any gaming machine on which it is to be played meet
the requirements of the Australia/NewZealand Gaming Machine National
Standards (Revision 10.0 1 October 2009) (published by the Commissioner and
other gambling regulators of Australia and New Zealand), as amended or
substituted from time to time; or
(ii) that the game does not have any of the prohibited characteristics;
or
(iii) that the game has each of the required features; or
(b) in any case, the Commissioner is of the opinion that the game is
likely to lead to an exacerbation of problem gambling.
(2) In forming an opinion for the purposes of subsection (1)(b), the
Commissioner must have regard to any guidelines issued by the
Authority.
(3) For the purposes of this section, the prohibited
characteristics of a gaming machine game are as follows:
(a) non-linear
the statistical return to the player for the game changes depending on the
amount bet;
(b) illusion of control
the player may be induced to believe that his or her level of skill will
affect the outcome of the game when that is not the case;
(c) win truncation
there are circumstances in which a prize provided for by the rules of the
game would, but for a provision that provides that prizes are to be truncated to
the maximum prize permitted by law, exceed the maximum prize permitted by
law;
(d) feature entry bet
the game has a special feature that is only available if the player bets at
or above a particular level;
(e) paid-for feature game
the game has a special feature that will only commence if a further bet or
bets are made;
(f) metamorphic
the game will transform into a different game when certain game events
(requiring further play) have occurred;
(g) free spins
the game has a special feature that includes free reel spins or
bets;
(h) rate of play
the reel spin interval of the game is less than 3.5 seconds or a bet can be
placed more than 17 times per minute;
(i) near miss
the game has other than an equal number of each type of symbol on each
reel.
(4) For the purposes of this section, the required features
of a gaming machine game are as follows:
(a) game information
game information relating to—
(i) the odds of winning the game (including the 5 top and bottom winning
combinations); and
(ii) the average winnings paid out to players of the game over a
particular period of time or a particular number of plays; and
(iii) the maximum and minimum player spend rate for the game,
must be displayed on the screen; and
(b) clock
the correct time must be displayed on the screen in a manner that is
clearly visible at all times while the game is being played; and
(c) interruption of play
the game must include a feature that—
(i) interrupts play at regular intervals (not exceeding 30 minutes of
continuous play) for at least 20 seconds on each occasion; and
(ii) displays on the full screen for the whole of the interruption player
information relating to—
(A) the duration of the player's session of play; and
(B) the amount, expressed in dollars and cents, that the player has spent
during the player's session of play; and
(C) the player's net wins or net losses during the player's session of
play; and
(iii) does not display any other information while the player information
is displayed during the interruption; and
(iv) before allowing the player to continue to play after the
interruption, requires the player to answer the question whether or not he or
she wishes to continue with his or her session of play; and
(v) if the player responds that he or she does not wish to continue with
his or her session of play, automatically pays out any winnings and credits to
the player.
(5) All approvals of gaming machine games granted before 1 January 2010
will expire on 1 January 2014.
6—Amendment of
section 42B—Certain gaming machine facilities
prohibited
(1) Section 42B—after subsection (6) insert:
(6a) It is a condition of the casino licence that the licensee must not,
on or after the prescribed day, provide any gaming machine in the casino that is
capable of—
(a) accepting a bet of more than 20 cents for each line for each play of a
game; or
(b) playing more than 1 game, or more than 3 lines of a game, at the same
time; or
(c) allowing more than 3 bets per reel spin.
(2) Section 42B(7), definition of prescribed
day—delete "subsection (6)" and substitute:
the subsection in which the expression appears
Part 3—Amendment
of Gaming Machines
Act 1992
7—Amendment of
section 3—Interpretation
(1) Section 3(1)—after the definition of licence
insert:
line, in relation to a gaming machine game, means a row of
visible symbols that appear in a random order on the screen of the gaming
machine when the game is played;
(2) Section 3(1)—after the definition of prescribed gaming
machine component insert:
reel, in relation to a gaming machine game, means the reel
that is spun when the game is played to produce a line of the game, whether
mechanical or virtual through computer programming;
Section 40—delete the section and substitute:
40—Approval of gaming machines and
games
(1) The Commissioner may, on application by a person, approve particular
gaming machines, or particular games, to be of a class that is approved for the
purposes of this Act.
(2) The Commissioner must refuse an application for authorisation of a
gaming machine or game if—
(a) the Commissioner is not satisfied by the applicant—
(i) that the gaming machine or the game and any gaming machine on which it
is to be played meet the requirements of the Australia/NewZealand Gaming
Machine National Standards (Revision 10.0 1 October 2009) (published by the
Commissioner and other gambling regulators of Australia and New Zealand), as
amended or substituted from time to time; or
(ii) that the game does not have any of the prohibited characteristics;
or
(iii) that the game has each of the required features; or
(b) the Commissioner is of the opinion that the game is likely to lead to
an exacerbation of problem gambling.
(3) In forming an opinion for the purposes of subsection (2)(b), the
Commissioner must have regard to any guidelines issued by the
Authority.
(4) For the purposes of this section, the prohibited
characteristics of a game are as follows:
(a) non-linear
the statistical return to the player for the game changes depending on the
amount bet;
(b) illusion of control
the player may be induced to believe that his or her level of skill will
affect the outcome of the game when that is not the case;
(c) win truncation
there are circumstances in which a prize provided for by the rules of the
game would, but for a provision that provides that prizes are to be truncated to
the maximum prize permitted by law, exceed the maximum prize permitted by
law;
(d) feature entry bet
the game has a special feature that is only available if the player bets at
or above a particular level;
(e) paid-for feature game
the game has a special feature that will only commence if a further bet or
bets are made;
(f) metamorphic
the game will transform into a different game when certain game events
(requiring further play) have occurred;
(g) free spins
the game has a special feature that includes free reel spins or
bets;
(h) rate of play
the reel spin interval of the game is less than 3.5 seconds or a bet can be
placed more than 17 times per minute;
(i) near miss
the game has other than an equal number of each type of symbol on each
reel.
(5) For the purposes of this section, the required features
of a game are as follows:
(a) game information
game information relating to—
(i) the odds of winning the game (including the 5 top and bottom winning
combinations); and
(ii) the average winnings paid out to players of the game over a
particular period of time or a particular number of plays; and
(iii) the maximum and minimum player spend rate for the game,
must be displayed on the screen; and
(b) clock
the correct time must be displayed on the screen in a manner that is
clearly visible at all times while the game is being played; and
(c) interruption of play
the game must include a feature that—
(i) interrupts play at regular intervals (not exceeding 30 minutes of
continuous play) for at least 20 seconds on each occasion; and
(ii) displays on the full screen for the whole of the interruption player
information relating to—
(A) the duration of the player's session of play; and
(B) the amount, expressed in dollars and cents, that the player has spent
during the player's session of play; and
(C) the player's net wins or net losses during the player's session of
play; and
(iii) does not display any other information while the player information
is displayed during the interruption; and
(iv) before allowing the player to continue to play after the
interruption, requires the player to answer the question whether or not he or
she wishes to continue with his or her session of play; and
(v) if the player responds that he or she does not wish to continue with
his or her session of play, automatically pays out any winnings and credits to
the player.
(6) All approvals of gaming machines and games granted before 1 January
2010 will expire on 1 January 2014.
9—Amendment of
section 53A—Prohibition of certain gaming machine
facilities
(1) Section 53A—after subsection (6) insert:
(6a) The holder of a gaming machine licence must not, on or after the
prescribed day, provide any gaming machine that—
(a) is capable of accepting a bet of more than 20 cents for each line for
each play of a game; or
(b) is capable of playing more than 1 game, or 3 lines of a game, at the
same time; or
(c) allowing more than 3 bets per reel spin.
Maximum penalty: $35 000.
(2) Section 53A(7), definition of prescribed
day—delete "subsection (6)" and substitute:
the subsection in which the expression appears