Gaming Machine Act 1991 – 1 July 2016
Gaming Machine Act 1991 – 1 July 2016
Gaming Machine Regulation 2002 – 1 July 2016
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Gaming and the conduct of gaming on licensed premises under this Act and any other Act, does not in itself constitute a public or private nuisance. For the definition of ‘conduct of gaming’, refer to section 3 of this Act.
- Sections 3, 55
An application for a gaming machine licence may be made only by: a body corporate that holds a community club licence; the holder of a commercial hotel licence; the holder of a prescribed liquor licence, etc. An application for the grant of a gaming machine licence must be made in the approved form and contain or be accompanied by the information, records, reports, documents and writings relating to the application and applicant as are determined by the government. An applicant for a gaming machine licence must provide the government with an affidavit pursuant to section 92 of the Act. The application must also comply with sections 55B and 55C of the Act by virtue of section 55A of the Act. In considering an application, the government must assess: the suitability of the premises to which the application relates for the installation and use of gaming machines, having regard to the size and layout of, and facilities on, the premises; and the financial stability and reputation of the applicant. Note: The government must refuse to grant a gaming machine licence if the installation and use of gaming machines on the subject premises is likely to affect adversely the nature or character of the premises, or the general use of the premises or the enjoyment of persons using the premises, or the public interest. For an extensive listing of reasons for which an application may be rejected, refer to section 58 of the Act. If the government grants a gaming machine licence, the gaming machine areas for the premises to which the licence relates are the locations on the premises shown on the plan of the premises that accompanied the application for the licence. The government must fix the number of gaming machines that may, for the licence, be installed on the premises; and fix the hours of gaming for the premises. It is important to note that a gaming machine licence cannot be transferred to another person or to other premises. A gaming machine tax and a health services levy may be payable by a licensee. The conditions for a gaming machine licence are set out in Schedule 2 of the Gaming Machine Regulation 2002. The rules ancillary to gaming (which are to be enforced by a licensee) can be found in Schedule 3 of the Gaming Machine Regulation 2002. For the definition of ‘gaming machine’, refer to the Schedule 2 dictionary.
- Sections 2, 55, 55A, 55B, 55C, 55E, 55H, 56, 57, 58, 59, 60, 66, 67, 68, 69, 70, 73, 74, 77, 91, 92, 94, 97, 188, 195, 198, 209, 216, 217, 225, 226, 228, 233, 234, 235, 236, 237, 240, 250, 251, 262, 264A, 264B, 271, 282, 283, 286, 287, 288, 290, 292A, 295, 296, 297, 298, 299, 302, 305, 308, 309, 312, 316A, 316B, 317, 342, Schedule 2; Regulations 6, 8, 9, 10, 13, 14, 15, 16, 20, 21, 26, 35, 36, 37, 38, 39, 40, 40A, 41, 42, 45, 46, 46A, 47, 48, 49, 50, 51, 53, 57, 59, Schedules 2, 3, 6
If a person makes a liquor licence transfer application relating to a community club licence, commercial hotel licence or prescribed liquor licence, the government may transfer the licence under the Liquor Act 1992 only if a certificate is issued pursuant to section 78 of this Act.
- Sections 78, 78A
The government may direct a licensee to alter an authorised gaming machine of the licensee to change the game that may be played on the machine.
- Sections 2, 80, Schedule 2
If a liquor licence is cancelled, transferred or surrendered, any associated gaming licence is (in most instances) cancelled.
- Section 96
An operating authority may be sold only by an entity (The Public Trustee of Queensland), and in the way, prescribed under a regulation (by competitive tender process). Note: Purchasing restrictions are set out in section 109C of the Act. An ‘operating authority’ is defined in the Schedule 2 dictionary to mean an authorisation to install and operate a gaming machine on category 1 licensed premises. For the definition of ‘category 1 licensed premises’, refer also to the Schedule 2 dictionary.
- Sections 2, 109B, 109C, 109D, 109E, 109I, Schedule 2; Regulations 10AB, 10B, 10C
An encumbrance to the extent it is over an operating authority is of no effect.
- Section 109H
A category 2 licensee for licensed premises may apply to the government for approval of a transfer of entitlements for the licensed premises to the licensee of other category 2 licensed premises on a permanent basis. Note: A temporary transfer application is also possible pursuant to section 109T of the Act. An ‘entitlement’ is defined in the Schedule 2 dictionary to mean an authorisation to install and operate a gaming machine on category 2 licensed premises. For the definition of ‘category 2 licensed premises’, refer also to the Schedule 2 dictionary.
- Sections 2, 109K, 109L, 109M, 109N, 109O, 109P, 109R, 109T, Schedule 2; Regulations 10H, 10I
In most instances, only a person who is an inspector or a licensed repairer may install, alter, adjust, maintain or repair gaming equipment on licensed premises. For gaming related system installation/monitoring system modification, refer to section 231 of the Act. For the definition of ‘gaming equipment’, refer to the Schedule 2 dictionary.
- Sections 2, 187, 231, Schedule 2; Regulation 11
A licensee who is not an eligible licensee must ensure that, when the licensee’s licensed premises are open for the conduct of gaming, at least 1 person employed by the licensee for carrying out gaming duties for the premises who holds a current responsible service of gambling course certificate is present on the premises or is readily available for carrying out the duties for the premises. Note: A similar rule applies to an eligible licensee. For the definition of ‘eligible licensee’, refer to subsection 189(5) of the Act. For the definition of ‘gaming duties’, refer to regulation 12 of the Gaming Regulation 2002.
- Sections 2, 189, Schedule 2; Regulation 12
A person must not carry out gaming duties or gaming tasks on licensed premises unless the person holds a current responsible service of gambling course certificate.
- Sections 2, 189A, 209, 252, 338, Schedule 2; Regulations 11A, 11B, 12, 57A
A licensee must not allow any gaming equipment to convey or exhibit: (a) any false, misleading, rude or offensive message; or (b) excessive or unnecessary advertising.
- Section 228
Advertising related to gaming must not be indecent or offensive; must be based on fact; and must not be false, deceptive or misleading in a material particular.
- Section 229
A licensee must not make a loan or extend credit in any form, to any person to enable that person or any other person to play a gaming machine on the licensee’s licensed premises. For the definition of ‘play a gaming machine’, refer to section 12 of the Act.
- Sections 12, 238
A licensee in conducting gaming on the licensee’s licensed premises must only use gaming tokens. Where a person is a licensee who conducts gaming by the use of gaming tokens that are not Australian currency, that person must during the time the person is a licensee and for 1 year after the person ceases to be a licensee; redeem the gaming token for the value that is marked on the gaming token. For the definition of ‘gaming token’, refer to the Schedule 2 dictionary.
- Sections 2, 239, 240, Schedule 2
If a person playing a gaming machine installed on licensed premises becomes entitled to receive an amount or a non-monetary prize because of the playing of the gaming machine, the responsible licensed person must ensure the player is paid the amount the player is entitled to receive, calculated in the way prescribed under a regulation; or receives the non-monetary prize the player is entitled to receive.
- Sections 241, 242A, 244, 245, 246, 247; Regulations 17, 18, 22
Payment for an amount of winnings or gaming machine credits (that is not made by a gaming machine) and the redemption of gaming tokens is to be paid with Australian currency. Note: Exceptions apply.
- Sections 242, 244, 245, 246, 247
If an employee of a licensee who is not a gaming employee plays a gaming machine on the licensee’s licensed premises for carrying out the employee’s duties; and a winning result is, or promotions are, obtained by the playing of the gaming machine, no amount is payable to the employee for the winning result or promotions.
- Section 243
A minor must not play a gaming machine on licensed premises.
- Sections 253, 254, 255, 258
A person may give to a licensee a notice in the approved form asking the licensee to prohibit the person from entering or remaining in the licensee’s licensed premises or a gaming machine area on the licensed premises.
- Sections 261, 261A, 261B, 261G, 261H, 261I, 261J
If a licensee believes on reasonable grounds a person is a problem gambler, the licensee may give the person a notice in the approved form prohibiting the person from entering or remaining in the licensee’s licensed premises or a gaming machine area on the licensed premises. Note: If such a notice is given, it must be accompanied by an information notice. For the definition of ‘problem gambler’, refer to the Schedule 2 dictionary.
- Sections 2, 261C, 261D, 261E, 261F, 261G, 261H, 261I, 261J, Schedule 2
In most instances, an encumbrance over gaming equipment is of no effect.
- Sections 273, 274
A person must not insert, or cause to be inserted, in a gaming machine on licensed premises anything other than a gaming token of the denomination or type displayed on the gaming machine as a gaming token to be used in order to operate or gain credit on the gaming machine.
- Section 291
The gambling community benefit fund is established. The government may pay an amount from the fund to an entity for the benefit of the community.
- Section 315
A person must not, for the purpose of cheating or stealing in relation to gaming or the conduct of gaming, use, or be in possession of any gaming tokens that the person knows are bogus or counterfeit, or anything that permits or facilitates cheating or stealing.
- Section 349
A licensee must display a sign advertising services available to help problem gamblers in a conspicuous position at each place on the licensee’s licensed premises where either of the following is carried out: (a) the sale or redemption of gaming tokens; and (b) a transaction for a centralised credit system. For the definition of ‘centralised credit system’, refer to the Schedule 2 dictionary.
- Sections 2, 366, Schedule 2; Regulation 28
Reason for law
To ensure that, on balance, the State and the community as a whole benefit from gaming machine gambling. (Section 1A)
Gaming [Office of Liquor and Gaming Regulation]
Gaming Licences and Permits
Liquor and gaming machine licence applications
Major licence holders
Fact sheets and brochures
Section 2 could be updated to expressly refer to Schedule 2 as the relevant schedule.
Sections 13, 75, 103, 108 and 354 contain the term ‘Crown’. This term may be replaced with a modern alternative.
Section 109ZJ ‘review of provisions relating to entitlements’ may be redundant through the passage of time.
Section 234 contains the phrase ‘barker or shill’. This phrase may not be understood by members of the public.
Section 350 contains the term ‘utters’. This term may not be understood by members of the public.
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