Upcoming changes to gambling laws

Who does this affect? The monitoring licensee and its associates, or other related persons

Current requirements: The GR Act prohibits the monitoring licensee and related persons from being listed on the Roll for suppliers of testing services that provide technical services to venue operators.

What will change? Once this change commences, the monitoring licensee and related persons will be allowed to provide gaming machine technical services to venue operators.

Who does this affect? The casino operator

Current requirements: EGM winnings of less than $2,000 can be paid out by cash or cheque. EGM winnings of $2,000 or more must be paid out by the casino operator via cheque to a patron.

What will change? Once this change commences, the casino operator will also be able to pay out EGM winnings via EFT to a patron, as is the case with gaming venues. If EGM winnings of $2,000 or more is to be paid out via EFT, the casino operator must ensure that the funds are not transferred to the patron until 24 hours after the request by the patron to have those funds paid out via EFT.

Who does this affect? Community or charitable organisations, bingo centre operators and other persons conducting bingo

Current requirements: The GR Act permits declared community and charitable organisations to sell lucky envelopes or conduct fundraising events if we have granted them a minor gaming permit. Community or charitable organisations, bingo centre operators and other persons can also conduct bingo sessions (subject to relevant requirements).

The legislation does not say whether bingo, lucky envelopes or fundraising events can be conducted online.

What will change? Once this change commences, the legislation will clarify that a minor gaming permit does not authorise a fundraising event being conducted—either wholly or in part—via a website or any online platform or interface. It will also become an offence for any person to conduct bingo or sell bingo tickets via a website or any online platform or interface (60 penalty units).

An exception applies to bingo played or bingo tickets sold via an electronic ticketing device at a premises where bingo is conducted. This includes a device that has auto-marking functionality (for example, PET machines at a bingo centre).

A new offence will also apply to a person who sells a lucky envelope via a website or any online platform or interface (60 penalty units).

Who does this affect? Venue operators

Current requirements: Venue operators must payout EGM winnings of $2,000 or more via cheque or EFT to a patron. If paid via EFT, venue operators must ensure that the funds are transferred in a way so they are not available to the patron until 24 hours after the transfer.

What will change? Once this change commences, the legislation will be clarified so that if EGM winnings of $2,000 or more is paid out via EFT to a patron, the venue operator must ensure that the funds are not transferred to the patron until 24 hours after the request by the patron to have those funds paid out via EFT (instead of 24 hours after the transfer).

Who does this affect? Persons who wish to apply for an interactive gaming licence

Current requirements: Chapter 7 of the GR Act contains an ability for a person to apply to hold an interactive gaming licence to conduct an interactive game.

What will change? Commonwealth legislation already prohibits interactive gambling at the national level. This change removes the ability of a person to apply for an interactive gambling licence.

Nationally, interactive gaming is regulated under the Interactive Gaming Act 2001 by the Australian Communications and Media Authority (ACMA). Enquiries about interactive gaming should be made to the ACMA via their website.

Who does this affect? Agents of the wagering and betting licensee (such as TAB retail outlets)

Current requirements: It is an offence for a gambling provider (including the wagering and betting licensee) to allow a minor to gamble (120 penalty units). It is also an offence for an employee or an agent of a gambling provider (including agents of the wagering and betting licensee) to knowingly allow a minor to gamble (20 penalty units).

What will change? Once this change commences, agents of the wagering and betting licensee will be subject to the higher penalty offence of allowing a minor to gamble (120 penalty units).

Who does this affect? Wagering and betting, keno and public lottery licensees and persons with unclaimed winnings

Current requirements: Wagering and betting, keno and public lottery licensees must pay any prizes that have remained unclaimed for six months to the Treasurer.

What will change? Once this change commences, the impacted licensees must pay unclaimed prizes to the Treasurer after 12 months (rather than six months), meaning a person will have 12 months (instead of six) to make a claim for winnings from these licensees. After 12 months, the person will need to apply to the State Revenue Office.

Who does this affect? Community or charitable organisations seeking to conduct a raffle or persons seeking to conduct a raffle on behalf of a community or charitable organisation, including commercial raffle organisers

Current requirements: The GR Act permits a community or charitable organisation or a person acting on behalf of a community or charitable organisation (including commercial raffle organisers) to conduct a raffle where the value of the prize is above $5,000 if the organisation holds a minor gaming permit (a minor gaming permit is not required if the value of the raffle prize is $5,000 or less).

What will change? Once this change commences, a minor gaming permit will only be required to conduct a raffle if the value of the raffle prize is above $20,000. This means that a minor gaming permit will not be required where the value of the raffle prize is $20,000 or less.