Tasmania: Gaming Control Act 1993 (Tas)

Gaming Control Act 1993 An Act to make provision generally in respect of gaming and wagering, to provide for the supervision and control of casinos, gaming machines, keno, lotteries, lucky envelopes, gaming by telephone and other electronic means and other gaming and to provide for related matters [Royal Assent 17 December 1993] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Gaming Control Act 1993 . 2. Commencement This Act commences on the day on which it receives the Royal Assent. 2A. Object of Act The object of this Act is to provide for the licensing, supervision and control of gambling in Tasmania and, in particular, to – (a) ensure that gambling is conducted in a fair, honest and transparent way and is free from criminal influence; and (b) take a public health and consumer protection approach to protect people, particularly people who are vulnerable, from being – (i) harmed by gambling; or (ii) exploited by gaming operators; and (c) ensure that the returns from gambling are shared appropriately (including by being invested in services that support those harmed by, or at risk of harm from, gambling) amongst the gaming industry, consumers and the State. 3. Interpretation (1) In this Act, unless the contrary intention appears – accredited representative means a person who is the accredited representative of a foreign games permit holder under Division 6 of Part 4C ; accredited testing facility means a facility – (a) for the testing of gaming equipment, games and gaming machines; and (b) the name of which appears on the Roll; agent endorsement means an endorsement on a Tasmanian gaming licence that authorises the activities specified in section 76VC ; amend means – (a) insert matter; and (b) omit matter; and (c) omit matter and substitute other matter; ancillary gaming services means any gaming services that are prescribed as ancillary gaming services for the purposes of this Act; approved game means a game approved under section 76ZZF ; approved gaming equipment means gaming equipment of a type approved by the Commission under section 80 or 81 ; approved location means premises specified in a gaming endorsement in which the licensed provider may undertake a gaming activity authorised by the endorsement; approved outlet means premises established and used for gaming and wagering purposes pursuant to section 76ZZ or 76ZZAAA ; approved sports event means a sports event declared under subsection (8) to be an approved sports event; approved venue means premises on which a casino operator or venue operator is licensed to conduct gaming; authorised game means a game determined under section 76ZZK to be an authorised game; authorized person means – (a) a Commissioner; or (b) an inspector; or (c) a person appointed by the Commission in writing to be an authorized person for the purposes of this Act; betting exchange has the meaning given by section 76ZDB ; betting exchange commission means commission that, under section 76ZDD , a betting exchange operator is entitled to in respect of brokered wagering; betting exchange operator has the meaning given by section 76ZDB ; broker wagering means, by means of a betting exchange, to broker wagering between persons – (a) directly (as in the manner referred to in paragraph (a) of the definition of "betting exchange" in section 76ZDB ); or (b) indirectly, by matching opposing bets placed with and accepted by the betting exchange operator (as in the manner referred to in paragraph (b) of the definition of "betting exchange" in section 76ZDB ); brokered wagering event means a competition or event, whether of a sporting or non-sporting kind, in respect of which a betting exchange operator brokers wagering; casino means premises, or part of premises, defined as a casino for the time being under section 15 ; casino employee means a special employee having functions in or in relation to a casino; casino licence means – (a) a general casino licence; and (b) a high-roller casino licence; casino operator means a person who is a holder of a casino licence; charitable purposes includes the following purposes: (a) religious purposes; (b) educational purposes; (c) benevolent purposes; (d) welfare purposes; (e) providing medical treatment or attention; (f) promoting or encouraging literature, art or science; (g) establishing, managing or beautifying a community centre or park or other community premises or place; (h) recreational or sporting purposes; (i) a purpose approved by the Commission generally or in a particular case; Commission means the Tasmanian Liquor and Gaming Commission referred to in section 123 ; Commissioner means a member of the Commission; Commissioner of State Revenue means the Commissioner of State Revenue appointed as such under the Taxation Administration Act 1997 ; competitor includes participant; computer cabinet means the sealed section in a gaming machine, FATG machine or other gaming equipment which contains the game programme storage medium and the Random Access Memory; computer server means a computer that is capable of one or more of the following: (a) communicating with another computer; (b) generating a simulated game or a simulated racing event; (c) providing to that other computer – (i) access to a database; or (ii) transaction-based services; or (iii) software applications; control system means a system of internal controls, and administrative and accounting procedures, for the conduct of a gaming business by a licensed provider; core monitoring functions see section 48E (1); decision, in relation to the Commission, includes determination; 2003 Deed means – (a) the Deed made on 18 March 2003 between The Federal Hotels Pty Limited, Australian National Hotels Pty Limited, Tasmanian Country Club-Casino Proprietary Limited and the Crown in right of the State of Tasmania, a copy of which is set out in Schedule 1 ; and (b) any deed made as a supplement to the Deed referred to in paragraph (a) ; device includes any electrical, electronic or mechanical machine; electronic monitoring system means any type of connected electronic system or device that is designed so that it may be used, or adapted, to send or receive data from gaming equipment in relation to the security, accounting or operation of gaming equipment; electronic monitoring system information means information acquired in the course of the operation of an electronic monitoring system and includes data derived from that information; employ includes engage under a contract for services; exempt game means a game, or a game of a class, declared to be an exempt game under subsection (8A) ; FATG game means a game designed to be played on an FATG machine; FATG machine means a fully-automated table game machine; foreign game means – (a) a lottery or game (including pools and a game that is prescribed for the purposes of the definition of "game" in this section) that is the subject of an application under section 77B for a foreign games permit; and (b) a lottery or game (including pools and a game that is prescribed for the purposes of the definition of "game" in this section) in which tickets may be sold in Tasmania under a foreign games permit; foreign games permit means a foreign games permit granted and in force under Part 4C ; foreign games permit holder means the person who holds a current foreign games permit; fully-automated table game machine means an electronic gaming system or equipment that allows one or more persons to play a game that – (a) imitates a type of game played at a gaming table; and (b) can be played – (i) from one or more terminals; and (ii) without being conducted by a casino employee; game means a game of chance or a game that is partly a game of chance and partly a game requiring skill but does not include any major lottery, pools or prescribed game or an exempt game; gaming means wagering in a contingency relating to a game, whether by means of a gaming machine, FATG machine or otherwise; gaming Act means – (a) the TT-Line Gaming Act 1993 ; and (b) an Act of the Commonwealth or another State or a Territory that is similar in effect to this Act; and (c) subordinate legislation under any Act referred to in paragraph (a) or (b) ; gaming activity means – (a) the wagering in a contingency relating to a sports event, race wagering event, simulated game, simulated racing event, major lottery or pools (where the event, simulated game, simulated racing event, major lottery or pools is not a prohibited gaming activity); and (b) the wagering in a contingency relating to a brokered wagering event (where the event is not a prohibited gaming activity); and (c) the wagering in a contingency by way of a totalizator (where the totalizator is not conducted in respect of a prohibited gaming activity); gaming area means a casino or any area in licensed premises to which a venue licence relates approved by the Commission for the conduct of gaming; gaming business means the business of a licensed provider conducted under the authority of a Tasmanian gaming licence in respect of a gaming endorsement; gaming chips means any tokens, other than gaming tokens, used instead of money for the purpose of gaming; gaming endorsement means – (a) a sports betting endorsement; and (b) a race wagering endorsement; and (c) a simulated gaming endorsement; and (ca) a simulated racing event endorsement; and (d) a major lottery endorsement; and (da) a betting exchange endorsement; and (db) a totalizator endorsement; and (dc) an agent endorsement; (e) gaming equipment means – (a) linked jackpot equipment; and (ab) an electronic monitoring system; and (b) an electronic, electrical or mechanical device specifically designed, customised or installed for use in connection with gaming or a gaming activity; and (c) computer software specifically designed, customised or installed for use in connection with gaming or a gaming activity; and (d) any other device used, or capable of being used, for or in connection with gaming or a gaming activity; and (e) a part of, or a replacement part for, gaming equipment; gaming machine means any device (other than an FATG machine) that is designed – (a) for the playing of a game of chance or a game that is partly a game of chance and partly a game requiring skill; and (b) to – (i) pay out money or gaming tokens as a result of the making of a wager; or (ii) register a right to an amount of money or money's worth to be paid as the result of the making of a wager; gaming machine authority means an authority endorsed on a venue licence that authorises the venue operator to operate one gaming machine at the licensed premises specified in the venue licence; gaming machine game means a game designed to be played on a gaming machine and identifiable from all other games by differences in rules or programming; gaming machine type means a type of gaming machine, including the computer cabinet and computer hardware and software, on which a range of games may be played; gaming operation means – (a) in relation to a casino, any activity authorised by the casino licence for that casino; or (b) in relation to licensed premises, any activity authorised by the venue licence for those licensed premises; gaming token means Australian currency or any token, credit or any other thing that enables a wager to be made on gaming equipment; general casino licence means a general casino licence granted and in force under section 13A ; goods and services tax means the GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth; greyhound race means a race between greyhound dogs in pursuit of a moving object; gross profit, in relation to keno, machine games and games approved under section 103 , means the gross profit calculated in accordance with section 136 ; harness race means a race between horses with a pacing or trotting gait; high-roller casino licence means a high-roller casino licence granted and in force under section 13B ; horse race means a race between horses with a galloping gait; hotel means licensed premises, other than a licensed club, in respect of which a venue licence is in force; inspector means a person appointed under section 128 to be an inspector for the purposes of this Act; instruct means instruct by instrument in writing; jackpot means a winning entitlement to the whole or a part of a jackpot prize pool; jackpot prize pool means a prize pool established for the payment of jackpots; keno means a game in which a person wagers – (a) that certain numbers selected by that person will be among a group of numbers randomly selected from a total pool of 80 numbers; or (b) on the outcome of the numbers randomly selected from a total pool of 80 numbers; keno operation means any activity authorised by a keno operator's licence; keno operator means the holder of a keno operator's licence; keno operator's licence means a keno operator's licence granted and in force under section 13C ; law enforcement agency means – (a) the Police Service; or (ab) the police force of any other State or of a Territory; or (b) the Australian Federal Police; or (c) the Australian Criminal Intelligence Commission; or (d) any other authority or person responsible for the enforcement of the laws of the Commonwealth or of this or any other State or of a Territory; lay bet means the acceptance of a wager for a contingency not to occur in relation to an animal, a person or a team; licence holder means a person who holds a licence or permit that is in force under this Act; licensed club means premises in respect of which both of the following are in force: (a) a club licence within the meaning of the Liquor Licensing Act 1990 ; (b) a venue licence; licensed operator means a casino operator or a keno operator; licensed premises means premises in respect of which a licence under the Liquor Licensing Act 1990 is in force authorizing the sale of liquor for consumption on the premises– (a) to members of the public; or (b) to members of the club specified in the licence, a person introduced to the club by a member in accordance with the rules of the club or a person who is a member of the club by reason of a reciprocal arrangement with another club; licensed provider means a person who holds a Tasmanian gaming licence; licensed technician means a person who is the holder of a licence in force under Division 4 of Part 4 ; linked jackpot arrangement means an arrangement whereby 2 or more machine games, gaming machines, FATG machines or gaming equipment are linked to a device that– (a) records from time to time an amount which may be payable, or part of which may be payable, as a jackpot; and (b) for the purpose of recording the amount referred to in paragraph (a) , receives data from each machine to which the device is linked; and (c) is not capable of affecting the outcome of a game on a machine to which the device is linked; linked jackpot equipment means any jackpot meter, payout display, linking equipment, computer equipment, programming or other device (other than a gaming machine) forming, or capable of forming, part of a linked jackpot arrangement; liquor has the same meaning as in the Liquor Licensing Act 1990 ; lottery has the meaning given by section 4A ; lucky envelope means – (a) any ticket, card or envelope that is commonly known as a lucky envelope, beer ticket, cash ticket or tear open envelope; and (b) any other ticket, card or envelope of a similar nature or kind; lucky envelope supplier means a person who prints or otherwise manufactures lucky envelopes or sells lucky envelopes to another person for the purposes of resale by that other person; machine game means the following: (a) a gaming machine game; (b) a FATG game; machine type means the following: (a) a gaming machine type; (b) a type of FATG machine; major lottery has the meaning given by section 4B ; major lottery endorsement means an endorsement on a Tasmanian gaming licence that authorises the activities specified in section 76V ; minor gaming operator means the holder of a minor gaming permit; minor gaming permit means a minor gaming permit granted and in force under Part 4B ; money clearance means the removal of money, gaming chips or gaming tokens from a drop box; monitoring licence operations means any activity authorised by a monitoring operator's licence; monitoring operator means the holder of a monitoring operator's licence; monitoring operator's licence means a monitoring operator's licence issued and in force under section 48O; not-for-profit organisation means an organisation, association, society, club, institution or other body, whether corporate or unincorporate, that is formed or carried on primarily for charitable purposes and not for purposes of trading or securing a profit for its members or another body; operations, in relation to a casino, means – (a) the conduct of gaming in the casino; or (b) other matters affecting or arising out of, activities in the casino; owner, in relation to licensed premises, means every person who jointly or severally, whether at law or in equity, is entitled to the licensed premises for any estate of freehold in possession; player means a person who (otherwise than as a licensed provider or as the employee of a licensed provider in the course of that employment) – (a) wagers on an approved sports event, race wagering event, major lottery, pools, simulated racing event or simulated game; or (b) wagers, through a betting exchange, on a brokered wagering event; or (c) wagers on a totalizator; or (d) wagers on gaming; pools means football pools and other similar pools prescribed in the regulations; premises includes – (a) a vehicle, vessel, aircraft and other means of transport; and (b) a part of premises; prescribed duties – (a) in relation to a special employee, means duties associated with the conduct of gaming, or a gaming activity, specified by the Commission in accordance with subsection (6) ; and (b) in relation to a technician, means duties associated with the installation and operation of gaming equipment specified by the Commission in accordance with subsection (6) ; prescribed licence means – (a) a casino licence; and (b) a keno operator's licence; and (c) a venue licence; and (ca) a monitoring operator's licence; and (d) a special employee's licence; and (e) a technician's licence; and (f) a listing on the Roll; and (g) a Tasmanian gaming licence; and (h) a minor gaming permit; and (ha) a foreign games permit; and (i) any other licence, permit or authority or similar document prescribed by the regulations; prescribed licence holder means the holder of a prescribed licence; prohibited device means a device – (a) used or intended to be used for interfering with the normal operation of gaming equipment; or (b) used or intended to be used for the purpose of enabling a person to count or otherwise record cards dealt in the course of gaming in a casino; prohibited gaming activity means any game, major lottery or pools declared by the Minister under subsection (7) to be a prohibited gaming activity; public interest or interest of the public means public interest or interest of the public having regard to the creation and maintenance of public confidence and trust in the credibility, integrity and stability of the conduct of gaming; public place means – (a) a public place within the meaning of the Police Offences Act 1935 ; and (b) a common gaming-house; race wagering means wagering on a race wagering event or contingency other than – (a) brokered wagering; or (b) totalizator wagering; race wagering endorsement means an endorsement contained in a Tasmanian gaming licence that authorises the activities specified in section 76T ; race wagering event means a real horse race, real harness race or real greyhound race; racing club means a racing club within the meaning of the Racing Regulation and Integrity Act 2024 ; real means not simulated; record includes any book, account, document, paper or other source of information compiled, recorded or stored in written form, or on microfilm, or by electronic process, or by any other means; registered company auditor means a person registered as an auditor, or taken to be so registered, under Part 9.2 of the Corporations Act; registered player, in relation to a licensed provider, means a person registered as a player with that provider under section 76ZU ; regulated monitoring functions see section 48E (2); regulations means regulations made and in force under this Act; regulatory Agency means – (a) the Commission; or (b) the Tasmanian Racing Integrity Commissioner appointed under section 7 of the Racing Regulation and Integrity Act 2024 ; or (c) Tasracing Pty Ltd formed under the Racing (Tasracing Pty Ltd) Act 2009 ; or (d) another person or body, nominated by the Commission, either in this State or elsewhere; restricted gaming area means a physically discrete area within an approved venue which minors must not enter and which is devoted primarily to the conduct of gaming; Roll means the Roll of Recognized Manufacturers, Suppliers and Testers of Gaming Equipment maintained under section 70 ; rules of the game, in relation to an authorised game, means the rules of the game set out in a determination under section 76ZZK in respect of that authorised game; sell means – (a) sell by wholesale or retail; and (b) offer, display or expose for sale; and (c) keep for sale; and (d) barter or exchange; and (e) deal in or agree to sell; and (f) supply, forward or deliver for sale or for, or in expectation of receiving, any payment or other consideration; and (g) authorise, cause, attempt, allow, assist with or cooperate in the doing of any act referred to in paragraph (a) , (b) , (c) , (d) , (e) or (f) ; simulated game means a computer-generated simulated game, other than keno, a simulated racing event or a lottery, where – (a) a prize consisting of money or something else of value is offered or can be won under the rules of the game; and (b) a player – (i) enters the game or takes any step in the game by means of a telecommunications device; and (ii) pays a monetary payment or other valuable consideration to participate in the game; and (c) the winner of a prize is decided wholly or partly by chance; simulated gaming endorsement means an endorsement on a Tasmanian gaming licence that authorises the activities specified in section 76U ; simulated racing event means an event generated by a game – (a) that consists of animated images of a thoroughbred race, harness race or greyhound race; and (b) the outcome of which is only determined by a random number generator that draws a set of numbers from a larger set of numbers; and (c) in respect of which the betting competition is a competition with fixed odds; simulated racing event endorsement means an endorsement on a Tasmanian gaming licence that authorises the activities specified in section 76UA ; special employee has the meaning given by section 49 ; special employee's licence means a special employee's licence issued under Division 3 of Part 4 ; sports betting endorsement means an endorsement on a Tasmanian gaming licence that authorises the activities specified in section 76S ; sports event means any of the following activities: (a) a real race between – (i) human, or teams or groups of human, competitors; or (ii) mechanical, or teams or groups of mechanical, competitors; or (iii) animal, or teams or groups of animal, competitors, other than a horse race, harness race or greyhound race; or (iv) a mixture of human, mechanical or animal, or teams or groups of human, mechanical, animal or mixed human, mechanical and animal, competitors; (b) a real sport, game, fight, exercise or pastime, whether involving individual competitors or teams or groups of competitors; (c) a prescribed activity; Tasmanian gaming licence means a licence granted and in force under Part 4A ; technician's licence means a technician's licence issued and in force under Division 4 of Part 4 ; telecommunications device means – (a) a computer adapted for communicating by way of the Internet or another communications network; and (b) a television receiver adapted to allow the viewer to transmit information by way of a cable television network or another communications network; and (c) a telephone; and (d) any other electrical or electronic device for communicating at a distance; ticket, in relation to a lottery or other game, means any document evidencing a chance in the lottery or game; totalizator – see section 4D ; totalizator endorsement means an endorsement on a Tasmanian gaming licence that authorises the activities specified in section 76VB ; totalizator operator means the holder of a Tasmanian gaming licence with a totalizator endorsement; totalizator pool – see section 4D ; totalizator wagering means wagering on a totalizator; TOTE Tasmania means the company formed under section 6 of the TOTE Tasmania Act 2000 as TOTE Tasmania Pty. Ltd.; trade promotion means a scheme or device for the distribution of a prize by way of sale, gift or otherwise where the scheme or device – (a) is for the promotion of a business; and (b) is a scheme or device in which the payment or other consideration is, in the opinion of the Commission, equivalent to the prevailing market price for the right to a benefit or thing the purchase of which is the consideration for the opportunity to participate in the distribution; turnover means the total amount paid to a licence holder in respect of gaming or gaming activities or a particular game or gaming activity by persons wagering with the licence holder less any money paid or refundable to any of those persons by reason of the cancellation of wagers in respect of any gaming, gaming activities, particular game or particular gaming activity, or otherwise; unrestricted gaming equipment means approved gaming equipment in respect of which a permit under section 82 is in force; venue licence means a licence granted and in force under section 42 ; venue operator means a person who is the holder of a venue licence; venue owner means a person who is the owner of licensed premises in respect of which there is a venue licence; wager means doing one or more of the following acts for oneself or on behalf of another person: (a) wagering; (b) paying, receiving or settling a wager; (c) offering or agreeing to wager; (d) offering or agreeing to pay, receive or settle a wager; (e) assisting or cooperating with a person in connection with the doing of any act referred to in paragraph (a) , (b) , (c) or (d) ; wagering funds, of a registered player, means – (a) funds deposited or transferred for wagering purposes; and (b) funds obtained from winning wagers; working day means a day that is not a Saturday, a Sunday or a statutory holiday as defined in the Statutory Holidays Act 2000 ; written notice includes a notice given in the form of electronic data from which a written document can be produced or reproduced. (2) A reference in this Act to conduct of gaming or a gaming activity is a reference to– (a) the management, use, supervision and operation of gaming or a gaming activity; and (b) the sale, redemption or use of gaming chips or gaming tokens; and (c) the installation, alteration, adjustment, maintenance or repair of gaming equipment; and (d) the use or distribution of proceeds from gaming or a gaming activity; and (e) accounting, banking, money counting, storage and other acts in connection with or related or incidental to gaming or a gaming activity; and (f) the acceptance of wagers for gaming or a gaming activity. (3) For the purposes of this Act, a person other than– (a) a special employee; or (b) a licensed technician– in the performance of his or her duties, is taken to play a gaming machine or an FATG machine if the person, directly or indirectly– (c) inserts a gaming token into the gaming machine or FATG machine; or (d) causes gaming machine credits to be registered by the gaming machine or FATG machine; or (e) makes a wager on the gaming machine or FATG machine; or (f) makes, or participates in making, the decisions involved in playing the gaming machine or FATG machine. (4) In this Act – (a) a reference to a function includes a reference to a power, authority or duty; and (b) a reference to the exercise of a function includes, in relation to a duty, a reference to the performance of the duty. (5) For the purposes of this Act, corporations are related to each other if they are, under the Corporations Act, related to each other. (6) The Commission may, by notice in the Gazette, specify prescribed duties in relation to a special employee and a technician. (7) The Minister, by notice published in the Gazette, may declare to be a prohibited gaming activity any game, major lottery or pools that the Minister is satisfied is contrary to the public interest. (8) At the request of a licensed provider or on its own discretion, the Commission by notice published in the Gazette may declare – (a) a sports event to be an approved sports event; and (b) a sports event of a class specified in the notice to be an approved sports event. (8A) The Commission by notice in the Gazette may declare a game, or a game of a class specified in the notice, to be an exempt game. (8B) The Commission may include in a notice under subsection (8A) conditions to which the declaration is subject and conditions relating to the conduct of the exempt game. (9) A notice referred to in subsection (6) , (7) , (8) or (8A) is not a statutory rule for the purposes of the Rules Publication Act 1953 . 4. Meaning of "associate" (1) A person is an associate of an applicant for a casino licence or of the holder of such a licence if the person – (a) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the casino business of the applicant or licence holder, and by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the management or operation of that casino business; or (b) holds or will hold any relevant position, whether in right of the person or on behalf of any other person, in the casino business of the applicant or licence holder. (2) A person is an associate of an applicant for a licence (other than a casino licence or a Tasmanian gaming licence), permit or listing on the Roll or of the holder of such a licence or permit or a person so listed if the person– (a) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the gaming operation or monitoring operation business of the applicant, licence holder or person listed, and by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the management or operation of that gaming operation or monitoring operation business; or (b) holds or will hold any relevant position, whether in right of the person or on behalf of any other person, in the gaming operation or monitoring operation business of the applicant, licence holder or person listed; or (c) is a relative of the applicant, licence holder or person listed. (2A) A person is an associate of an applicant for a Tasmanian gaming licence or a licensed provider if the person – (a) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the gaming business to be conducted by the applicant or the licensed provider and, by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the management or operation of that business; or (b) holds or will hold any relevant position, whether in right of the person or on behalf of any other person, in the gaming business to be conducted by the applicant or the licensed provider; or (c) is a relative of the applicant or licensed provider. (2B) A person is not taken to be an associate of a licensed provider by reason only of being offered or given, by that licensed provider, a discount, concession or rebate on any wagering or gaming. (3) In this section – partner means the person with whom a person is in a personal relationship, within the meaning of the Relationships Act 2003 ; relative means spouse, partner, parent, child or sibling (whether of the full or half blood); relevant financial interest, in relation to a business, means – (a) any share in the capital of the business; or (b) any entitlement to receive any income derived from the business; relevant position, in relation to a business, means – (a) the position of director, manager or other executive position or secretary, however that position is designated in that business; or (b) if that business is conducted in premises in respect of which a liquor licence under the Liquor Licensing Act 1990 is in force, the holder of that liquor licence; relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others – (a) to participate in a directorial, managerial or executive decision; or (b) to elect or appoint any person to any relevant position. 4A. Meaning of "lottery" (1) In this Act, lottery means a scheme or device for the distribution of a prize by way of sale, gift or otherwise if – (a) the prize consists of a right to any real or personal benefit or real or personal thing; and (b) the distribution involves an element of chance for which a payment or other consideration is made or given. (2) Despite subsection (1) , a scheme or device for the distribution of a prize by way of sale, gift or otherwise is not a lottery if the scheme or device is a trade promotion. 4B. Meaning of "major lottery" (1) In this Act, a lottery is a major lottery if – (a) the Commission, by written notice provided to a licensed provider or other person conducting the lottery, has determined it to be a major lottery; or (b) it is a lottery of a class of lottery that the Commission, by notice published in the Gazette, has determined to be major lotteries and the Commission has not exempted the lottery from being classified as a major lottery. (2) The Commission may exempt a lottery from being classified as a major lottery by written notice provided to a licensed provider or other person conducting the lottery. (3) A notice provided or published under this section is not a statutory rule for the purposes of the Rules Publication Act 1953 . 4C. Sale in Tasmania defined (1) In this section – issued includes given in person, sent by post and communicated by any telecommunications device; game includes a major lottery, pools and game that is prescribed for the purposes of the definition of "game" in section 3(1) . (2) A ticket in a game is sold in Tasmania if it is issued to a person, or an acknowledgment of the sale of a ticket is issued to the person, at or from premises situated in Tasmania. 4D. Meaning of totalizator (1) In this Act – pool top-up amount, for a totalizator, means an amount added by a totalizator operator to the totalizator pool so that the amount available for the payment of dividends equals the minimum pool amount for the totalizator; totalizator means a system of parimutuel betting, whether or not conducted by means of an instrument or contrivance known as a totalizator, that enables – (a) persons to wager on contingencies relating to a race wagering event or approved sports event; and (b) the totalizator pool to be divided among the successful wagerers; totalizator pool, for a totalizator, means (other than in section 145D ) the amount left from persons wagering on contingencies after – (a) the deduction of any commissions authorised under this Act; and (b) the deduction of any amount payable to wagerers by way of a refund (whether because of the cancellation or calling-off of a bet or for any other reason); and (c) the addition of any pool top-up amount. (2) For the purposes of the definition of pool top-up amount , the "minimum pool amount" is to be determined in accordance with the formula – where – MPA means the minimum pool amount; A means an amount that the totalizator operator for the totalizator advertises as the minimum amount that will be available for the payment of dividends out of the totalizator for an event or contingency; R means an amount paid out of the totalizator as a refund of a wager; C means the amount that would be deducted as commission if the amount wagered in the totalizator equalled A minus R. 4E. Location of gaming equipment taken to be in casino or licensed premises (1) In this section – off-site component, in respect of gaming equipment, means a component of that equipment that is not located at a casino or at licensed premises in respect of which a venue licence is in force. (2) This section applies in respect of gaming equipment if – (a) the gaming equipment is physically used for the conduct of gaming by persons located in a casino or in licensed premises in respect of which a venue licence is in force; and (b) the gaming equipment has an off-site component that is provided by a prescribed licence holder in accordance with this Act. (3) For the purposes of this Act – (a) the off-site component of gaming equipment to which this section applies is taken to be located in the relevant casino or licensed premises; and (b) any game being played on gaming equipment to which this section applies is taken to be conducted on that equipment at the relevant casino or licensed premises. 5. Act to bind Crown This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities. PART 1A - Gaming and related activities prohibited in certain circumstances 5A. Gaming and related activities prohibited in certain circumstances (1) Except as authorised by or under this Act or another Act, a person must not – (a) open, keep or use a place, or allow a place of which the person is the occupier to be opened, kept or used, for the purpose of conducting gaming in that place; or (b) conduct gaming as a business; or (c) assist a person who is conducting gaming as a business in contravention of paragraph (b) . Penalty: In the case of – (a) a first offence, a fine not exceeding 600 penalty units; and (b) a second or subsequent offence, a fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 2 years, or both. (2) For the purposes of subsection (1) , a reference to the conduct of, or conducting, gaming as a business includes a reference to the conduct of, or conducting, an authorised game. (3) Except as authorised by or under this Act, a person must not – (a) wager on, or otherwise participate in, gaming, a game or a gaming activity in a public place; or (b) be in a public place for the purpose of wagering on, or otherwise participating in, gaming, a game or a gaming activity in that public place. Penalty: Fine not exceeding 500 penalty units. 5B. Proceeds of illegal game, &c., to be forfeited The proceeds from any gaming, game or gaming activity that is not authorised by or under this Act must be forfeited to, or may be seized by, the Crown. PART 2 - 2003 Deed 6. Revocation of 2003 Deed (1) The 2003 Deed is revoked. (2) Compensation is not payable to a party to the 2003 Deed or to any other person for any loss or damage suffered by the party or person because of the application of subsection (1) . 7. . . . . . . . . PART 3 - Licensing of Casinos and Keno Operations 8. Gaming in licensed casinos declared lawful (1) Despite the provision of any other Act or any law, the conduct and playing of a game and the use of gaming equipment is lawful when the game is conducted, and the gaming equipment is provided, in a casino by or on behalf of the casino operator in accordance with this Act. (2) . . . . . . . . (3) This section does not operate to enable a proceeding to be brought to recover – (a) money won in the course of gaming in a casino; or (b) money or a cheque or other instrument given in payment of money so won; or (c) a loan of money to be wagered in the course of gaming in a casino – unless the money was won from or wagered with a casino operator. (4) The conduct of operations in a casino in accordance with this Act and the conditions of the relevant casino licence is not a public or private nuisance. (5) . . . . . . . . 9. Conduct of keno by keno operator declared lawful (1) Despite the provisions of any other Act or any law, the conduct of the game of keno is lawful when the game is conducted by a keno operator in accordance with this Act and the tickets for the game are obtained at an approved venue. (2) The conduct of the game of keno by a keno operator, in accordance with this Act and the conditions of the keno operator's licence, is not a public or private nuisance. 10. Authority conferred by general casino licence (1) A general casino licence authorises the holder of the licence, subject to this Act and any conditions to which the licence is subject, to do such of the following things as are specified in the licence: (a) to purchase or obtain ancillary gaming services and testing services from persons listed on the Roll; (b) to purchase or obtain approved gaming equipment from persons listed on the Roll, venue operators and casino operators; (c) to purchase or obtain unrestricted gaming equipment from manufacturers and suppliers; (d) to conduct gaming by means of gaming equipment located in the casino; (e) to sell or dispose of gaming equipment; (f) to service, repair or maintain gaming equipment through the services of licensed technicians; (g) to do all things necessarily incidental to carrying on the activities authorised by this section. (2) For the purposes of subsection (1)(d) a reference to the conduct of gaming includes the conduct of keno, but does not include gaming activities. 11. Authority conferred by high-roller casino licence (1) A high-roller casino licence authorises the holder of the licence, subject to this Act and any conditions to which the licence is subject, to do such of the following things as are specified in the licence: (a) to purchase or obtain ancillary gaming services and testing services from persons listed on the Roll; (b) to purchase or obtain approved gaming equipment from persons listed on the Roll and casino operators; (c) to purchase or obtain unrestricted gaming equipment from manufacturers and suppliers; (d) to conduct gaming by means of gaming equipment located in the casino; (e) to sell or dispose of gaming equipment; (f) to service, repair or maintain gaming equipment through the services of licensed technicians; (g) to do all things necessarily incidental to carrying on the activities authorised by this section. (2) It is a condition of a high-roller casino licence that only a person who is not a resident of this State is authorised under the licence to participate in any gaming in any area of the casino. (3) For the purposes of this section, a person is not a resident of this State if the person's ordinary place of residence is not in this State. (4) For the purposes of subsection (1)(d) , a reference to gaming does not include the following: (a) gaming activities; (b) gaming machine games; (c) FATG games; (d) the conduct of keno. 12. Authority conferred by keno operator's licence A keno operator's licence authorises the holder of the licence, subject to this Act and any conditions to which the licence is subject, to do such of the following things as are specified in the licence: (a) to purchase or obtain from persons listed on the Roll approved gaming equipment, ancillary gaming services and testing services; (b) to purchase or obtain from manufacturers and suppliers unrestricted gaming equipment; (c) to supply approved gaming equipment to casino operators and venue operators; (d) to conduct games of keno; (e) to sell or dispose of gaming equipment; (f) to service, repair or maintain gaming equipment through the services of licensed technicians; (g) to do all things necessarily incidental to carrying on the activities authorised by this section. 13. Offence to breach licence conditions (1) The holder of a casino licence must comply with the conditions to which the casino licence is subject. Penalty: Fine not exceeding 2 500 penalty units. (2) The holder of a keno operator's licence must comply with the conditions to which the keno operator's licence is subject. Penalty: Fine not exceeding 2 500 penalty units. 13A. Granting of general casino licence (1) In this section – 2023 commencement day means the day on which Part 4 of the Gaming Control Amendment (Future Gaming Market) Act 2021 commences; existing casino licence means a casino licence in force immediately before the 2023 commencement day. (2) On the 2023 commencement day, the Commission must grant to the holder of an existing casino licence (or to a corporation related to the holder of that licence) a general casino licence in respect of the same premises, or part of premises, for which the existing casino licence was granted. (3) After the 2023 commencement day, the Commission may grant a general casino licence in accordance with this Part to an applicant for that licence if the Minister has made a call for applications for a general casino licence under section 22 . (4) A general casino licence granted under this Part may be subject to such conditions as the Commission thinks fit. (5) A general casino licence may be granted in respect of one casino only, but more than one licence may be held by a casino operator concurrently. (6) The Commission must not grant a general casino licence in respect of the same premises, or part of premises, for which a high-roller casino licence has been granted. 13B. Granting of high-roller casino licence (1) In this section – Northern high-roller casino licence means a high-roller casino licence granted in respect of premises, or part of premises, in the Northern Division of the State; Southern high-roller casino licence means a high-roller casino licence granted in respect of premises, or part of premises, in the Southern Division of the State. (2) The Commission may grant a high-roller casino licence in respect of premises, or part of premises, to an applicant for the licence. (3) However, only one Northern high-roller casino licence and one Southern high-roller casino licence may be in force under this Act at any one time. (4) A high-roller casino licence granted under this Part may be subject to such conditions as the Commission thinks fit. (5) A high-roller casino licence may be granted in respect of one casino only, but more than one licence may be held by a casino operator concurrently. (6) The Commission must not grant a high-roller casino licence in respect of the same premises, or part of premises, for which a general casino licence has been granted. 13C. Granting of keno operator's licence (1) In this section – 2023 commencement day means the day on which Part 4 of the Gaming Control Amendment (Future Gaming Market) Act 2021 commences; existing gaming operator's licence means a gaming operator's licence in force immediately before the 2023 commencement day. (2) On the 2023 commencement day, the Commission must grant to the holder of the existing gaming operator's licence (or to a corporation related to the holder of that licence) a keno operator's licence in respect of the same premises, or part of premises, for which the existing gaming operator's licence was granted. (3) After the 2023 commencement day, the Commission may grant a keno operator's licence in accordance with this Part to an applicant for that licence if the Minister has made a call for applications for a keno operator's licence under section 22 . (4) A keno operator's licence granted under this Part may be subject to such conditions as the Commission thinks fit. 14. Amendment of conditions (1) The conditions of a casino licence or a keno operator's licence may be amended in accordance with this section. (2) An amendment may be proposed – (a) by the licensed operator by requesting the Commission in writing to make the amendment; or (b) by the Commission by giving notice in writing of the proposed amendment to the licensed operator. (3) The Commission must give the licensed operator at least 28 days to make submissions to the Commission concerning any proposed amendment and must consider the submissions made. (4) The Commission must then decide whether to make the proposed amendment, either with or without changes from that originally proposed, and must notify the licensed operator of its decision. (5) An amendment proposed by the Commission must be in the public interest or for the proper conduct of gaming. (6) Any amendment that the Commission decides upon takes effect when notice of the decision is given to the licensed operator or on any later date specified in the notice. (7) Where an amendment to the conditions of a casino licence or keno operator's licence is proposed under this section by the licensed operator, the proposal is to be accompanied by the prescribed fee. 15. Commission to define casino and keno operator premises (1) The following are to be defined by being specified in the conditions of a casino licence: (a) the boundaries of the casino; (b) the gaming areas in the casino; (c) any restricted gaming areas in the casino. (2) The boundaries of a keno operator's premises are to be defined by being specified in the conditions of the keno operator's licence. (3) It is to be a condition of a casino licence that no person other than the casino operator or a related corporation may own the premises, or any part of the premises, that contain or contains the casino except with the prior written approval of the Commission. 16. Duration of licence A casino licence and a keno operator's licence remain in force for a period of 20 years unless sooner cancelled or surrendered under this Act. 16A. Renewal of casino licence or keno operator's licence (1) The holder of a casino licence or a keno operator's licence may, no earlier than 5 years, and no later than 2 years, before the licence is due to expire, apply to the Commission for the renewal of the licence. (2) An application under subsection (1) must – (a) be in a form approved by the Commission; and (b) contain any information, and be accompanied by any documents, that the Commission requires; and (c) be accompanied by the prescribed fee. (3) Sections 23 , 24 , 25 , 26 , 27 , 28 and 29 apply to an application for the renewal of a casino licence or a keno operator's licence in the same manner as they apply to an application for the granting of a casino licence or a keno operator's licence. (4) If a requirement made by this section is not complied with, the Commission may refuse to consider the application. (5) If an application is refused under subsection (4) or withdrawn by the applicant, the Commission, at its discretion, may refund the whole or part of the application fee. (6) The renewal of a casino licence or a keno operator's licence takes effect from the day on which the current licence was due to expire. 17. Mortgage, &c., of licence (1) A licensed operator must not mortgage, charge or otherwise encumber or assign a casino licence or a keno operator's licence except with the prior approval of the Commission. (2) Where the proposed assignee and the licensed operator are corporations which are related to each other, the consent referred to in subsection (1) is not to be withheld unreasonably. 18. Financial accommodation (1) The Minister and the Commission may enter into an agreement with a licensed operator and a financial institution, registered under the Banking Act 1959 of the Commonwealth, in relation to the provision of financial accommodation to the licensed operator by the financial institution. (2) The agreement may specify the actions to be taken by the Commission – (a) if the licensed operator is placed under external administration under the Corporations Act; and (b) if the Commission is empowered under Division 6 of Part 5 to cancel or suspend a casino licence or a keno operator's licence held by the licensed operator. 19. Licensing under the Liquor Licensing Act 1990 While a casino licence is in force, no person other than the casino operator or an employee of the casino operator may hold a licence under the Liquor Licensing Act 1990 in respect of the premises or any part of the premises where gaming is conducted. 20. . . . . . . . . 21. Surrender of licence (1) A licensed operator may surrender a casino licence or a keno operator's licence by giving notice in writing to the Commission. (2) The surrender takes effect only if the Commission consents to the surrender. 22. Action to be taken if casino licence or keno operator's licence cancelled, &c. The Minister may, if satisfied that it is in the public interest to do so, call for applications for a casino licence or a keno operator's licence if a licence of the same kind – (a) has been cancelled or surrendered; or (b) is due to expire within the next 2 years and the licence holder – (i) has not made an application to renew the licence under section 16A(1) ; or (ii) has made an application to renew the licence under section 16A(1) and that application has been refused. 22A. Application for casino or keno operator's licence (1) An application for a casino licence or a keno operator's licence must – (a) be in a form approved by the Commission; and (b) contain any information, and be accompanied by any documents, that the Commission requires; and (c) be accompanied by the prescribed fee. (2) If a requirement made by this section is not complied with, the Commission may refuse to consider the application. (3) If an application is refused under subsection (2) or withdrawn by the applicant, the Commission, at its discretion, may refund the whole or part of the application fee. 23. Matters to be considered in determining application (1) The Commission must not grant an application for a casino licence or a keno operator's licence unless satisfied – (a) that the applicant, and each associate of the applicant, is a suitable person to be concerned in or associated with the management and operation of a casino or a keno operation; and (b) the applicant's premises are suitable for the management and operation of a casino or a keno operation. (2) In particular, the Commission must consider whether – (a) each such person is fit and proper having regard to character, honesty and integrity; and (b) each such person is of sound and stable financial background; and (c) the applicant has a legal right to occupy the premises which are the subject of the application; and (d) in the case of an applicant that is not a natural person, the applicant has, or has arranged, a satisfactory ownership, trust or corporate structure; and (e) the applicant has or is able to obtain – (i) financial resources that are adequate to ensure the financial viability of the casino or keno operation; and (ii) the services of persons who have sufficient experience in the management and operation of a casino or keno operation; and (f) the applicant has sufficient business ability to maintain a successful casino or keno operation; and (g) any of those persons has any business association with any person, body or association who or which, in the opinion of the Commission, is not fit and proper having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources; and (h) each director, partner, trustee, executive officer and secretary and any other officer or person determined by the Commission to be associated or connected with the ownership, administration or management of the operations or business of the applicant is a suitable person to act in that capacity; and (i) the applicant has a history of not complying with a law of any jurisdiction in Australia relating to industrial relations or workplace safety; and (j) the applicant will have appropriate systems and processes in place to ensure that each person who is engaged, or employed, by the applicant, is not subject to discrimination, harassment or other adverse action by the applicant, or by a person engaged or employed by the applicant, if the person provides information relating to – (i) the compliance of the applicant with the requirements of this Act; or (ii) conduct of the applicant; and (k) the size, layout and facilities of the applicant's premises are suitable; and (l) the p