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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Play Tracking Technology)
Bill 2008
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 Amendment provisions
Part 2—Amendment of Casino
Act 1997
3 Amendment of section
3—Interpretation
4 Amendment of section 40—Approval of
installation etc of equipment
5 Substitution of section
42B
42B Prohibition of certain gaming machines
etc
Part 3—Amendment of Gaming Machines
Act 1992
6 Amendment of section
3—Interpretation
7 Amendment of section 4—Application of this
Act
8 Amendment of section 40—Approval of gaming machines and
games
9 Insertion of Part 4A
Part 4A—Play tracking technology
44A Approval of
play tracking technology
44B Regulations supporting
implementation of play tracking technology
10 Redesignation of Part
4A—Special provisions relating to licensed dealers
11 Redesignation of
section 44A—Prohibition of links between dealers and other
licensees
12 Substitution of section 53A
53A Prohibition of
certain gaming machines
13 Amendment of Schedule 2—Gaming
machine monitor licence conditions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Play Tracking
Technology) Act 2008.
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
3—Amendment of
section 3—Interpretation
Section 3(1)—after the definition of gaming machine
insert:
identifiable gambler means a person who will be identified by
play tracking technology when playing gaming machines;
play tracking gaming machine has the same meaning as in the
Gaming Machines Act 1992;
play tracking technology has the same meaning as in the
Gaming Machines Act 1992;
4—Amendment of
section 40—Approval of installation etc of equipment
Section 40—after subsection (1) insert:
(1a) The Commissioner may only approve a play tracking gaming machine
if—
(a) its operation will be subject to play tracking technology approved in
accordance with Part 4A of the Gaming Machines Act 1992;
and
(b) it is designed to be operated only by an identifiable gambler by means
of the insertion of a coin in the machine or a linked device or by means of
electronic payment considered appropriate by the Commissioner or by both those
means.
Section 42B—delete the section and substitute:
42B—Prohibition of certain gaming machines
etc
(1) It is a condition of the casino licence that the licensee must not,
before the prescribed day, provide any gaming machine in the casino
unless—
(a) it is capable of being operated only by means of the insertion of a
coin in the machine or a linked device; or
(b) it is a play tracking gaming machine.
(2) 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
not a play tracking gaming machine.
(3) It is a condition of the casino licence that the licensee must not, on
or after the prescribed day, cause or allow a gaming machine in the casino to be
operated by a person who is not an identifiable gambler or in a manner that is
not subject to play tracking technology.
(4) It is a condition of the casino licence that the licensee comply with
regulations made in relation to play tracking technology under Part 4A of
the Gaming Machines Act 1992.
(5) It is a condition of the casino licence that the licensee must not
provide any gaming machine in the casino that is fitted with a device or
mechanism designed to allow the playing of a number of successive games by an
automatic process.
(6) In this section—
prescribed day means the day falling 2 years after the
commencement of subsection (1).
Part 3—Amendment
of Gaming Machines
Act 1992
6—Amendment of
section 3—Interpretation
(1) Section 3(1)—after the definition of hotel licence
insert:
identifiable gambler means a person who will be identified by
play tracking technology when playing gaming machines;
(2) Section 3(1)—after the definition of officer
insert:
play tracking gaming machine means a gaming machine the
operation of which is subject to play tracking technology;
play tracking technology means technology providing
for—
(a) the systematic tracking of gaming machine play; and
(b) the setting of limits on gaming machine play by identifiable gamblers;
and
(c) the exclusion of identifiable gamblers from gaming machine play;
and
(d) the regular reporting, to identifiable gamblers and to the Authority
and the Commissioner, about gaming machine play and the amount spent and lost
playing gaming machines;
7—Amendment of
section 4—Application of this Act
Section 4(1)—after "This Act" insert:
(apart from Part 4A)
8—Amendment of
section 40—Approval of gaming machines and games
Section 40—after subsection (3) insert:
(4) The Commissioner may only approve a play tracking gaming machine
if—
(a) its operation will be subject to play tracking technology approved in
accordance with Part 4A; and
(b) it is designed to be operated only by an identifiable gambler by means
of the insertion of a coin in the machine or a linked device or by means of
electronic payment considered appropriate by the Commissioner or by both those
means.
After section 44 insert:
Part 4A—Play tracking
technology
44A—Approval of play tracking
technology
(1) The Authority must perform its functions under this section with the
object of significantly reducing problem gambling.
(2) The Authority must within 1 month after the commencement of this
section, and may at any other time, publish an advertisement in the Gazette and
in a newspaper circulating generally throughout the State inviting suppliers to
seek the Authority's approval of play tracking technology that they propose to
make available for use in connection with gaming machines in this
State.
(3) The advertisement must—
(a) require suppliers who respond to the invitation to provide a detailed
description of the supplier's proposed play tracking technology including a
description of—
(i) how gamblers playing gaming machines are to be identified and the
arrangements for guarding against fraud relating to identity; and
(ii) how gaming machine play is to be tracked; and
(iii) the nature of the limits on gaming machine play that may be set by
identifiable gamblers; and
(iv) the nature of the exclusions from gaming machine play that may be
imposed; and
(v) the mechanisms for imposing the limits and exclusions; and
(vi) the facilities for obtaining reports relating to gaming machine play
and the amount spent and the amount lost playing gaming machines; and
(b) require suppliers who respond to the invitation to provide a detailed
proposal for the implementation of the supplier's proposed play tracking
technology in connection with gaming machines in this State; and
(c) fix a date (not earlier than 3 months after the date of publication of
the advertisement) by which responses must be received by the
Authority.
(4) Before approving play tracking technology, the Authority
must—
(a) consult with members of the gaming machines industry and members of
the sector concerned with problem gambling, in particular, about the nature of
the limits on gaming machine play that may be set by identifiable gamblers and
the appropriate mechanisms for setting those limits; and
(b) consult with the holder of the gaming machine monitor licence about
integration of the play tracking technology with existing gaming machine
monitoring technology.
(5) In evaluating the responses—
(a) the Authority must consider how the play tracking technologies may be
integrated with each other and with gaming machine monitoring technology to
ensure systematic tracking of all gaming machine play in this State for each
identifiable gambler; and
(b) the primary evaluation criteria considered by the Authority must be
the efficiency and effectiveness of the play tracking technology in setting
limits on gaming machine play and excluding persons from gaming machine
play.
(6) After evaluating the responses, the Authority may, by notice in the
Gazette, approve play tracking technology supplied by 1 or more of the
respondents for use in connection with gaming machines in this State.
(7) This section applies in relation to all gaming machines operated in
this State, including those operated in the licensed casino under the Casino
Act 1997.
44B—Regulations supporting implementation of play
tracking technology
(1) The regulations may include such provisions as are necessary or
desirable for the purposes of implementing approved play tracking
technology.
(2) Without limiting the generality of subsection (1), the
regulations must include arrangements—
(a) establishing how a person may become an identifiable gambler;
and
(b) for preventing a person becoming an identifiable gambler
if—
(i) the person is under the age of 18 years; or
(ii) the person does not provide documentary proof of the person’s
identity; and
(c) for giving identifiable gamblers the opportunity to set limits on
their gaming machine play; and
(d) for excluding identifiable gamblers from gaming machine play at their
request; and
(e) for providing reports to identifiable gamblers, the Authority and the
Commissioner about gaming machine play and the amount spent and the amount lost
playing gaming machines.
(3) This section applies in relation to all gaming machines operated in
this State, including those operated in the licensed casino under the Casino
Act 1997.
10—Redesignation
of Part 4A—Special provisions relating to licensed
dealers
Part 4A is redesignated as Part 4B
11—Redesignation
of section 44A—Prohibition of links between dealers and other
licensees
Section 44A is redesignated as section 44C
12—Substitution of
section 53A
Section 53A—delete the section and substitute:
53A—Prohibition of certain gaming
machines
(1) The holder of a gaming machine licence must not, before the prescribed
day, provide any gaming machine on the licensed premises unless—
(a) it is capable of being operated only by means of the insertion of a
coin in the machine or a linked device; or
(b) it is a play tracking gaming machine.
Maximum penalty: $35 000.
(2) The holder of a gaming machine licence must not, on or after the
prescribed day, provide any gaming machine on the licensed premises that is not
a play tracking gaming machine.
Maximum penalty: $35 000.
(3) The holder of a gaming machine licence must not, on or after the
prescribed day, cause or allow a gaming machine on the licensed premises to be
operated by a person who is not an identifiable gambler or in a manner that is
not subject to play tracking technology.
Maximum penalty: $35 000.
(4) The holder of a gaming machine licence must not provide any gaming
machine on the licensed premises that is fitted with a device or mechanism
designed to allow the playing of successive games by an automatic
process.
Maximum penalty: $35 000.
(5) In this section—
prescribed day means the day falling 2 years after the
commencement of this section.
13—Amendment of
Schedule 2—Gaming machine monitor licence conditions
Schedule 2—after paragraph (f) insert:
(fa) a condition that the licensee will—
(i) provide advice to the Authority about the integration of proposed play
tracking technology with existing gaming machine monitoring technology;
and
(ii) facilitate the implementation of play tracking technology;