Reforms to South Australian Gambling Legislation

Transcription

1 Licensee Bulletin Refrms t Suth Australian Gambling Legislatin A bulletin was issued t all licensees n 25 September 2013, which gave a brief verview f recent amendments t gambling legislatin in Suth Australia aimed at imprving existing regulatry and respnsible gambling measures fr gaming venues and reducing red tape. This bulletin prvides further details n the amendments which will cme int effect n 1 January 2014, as well as changes t the cash withdrawal limit fr gaming machine venues which will take effect n 1 February 2014: Expedited game apprvals A simplified apprval prcess fr games and platfrms is being intrduced in rder t reduce red tape and csts assciated with the applicatin prcess. The amendments allw fr games and platfrms that have already been apprved by a prescribed jurisdictin t be autmatically apprved in Suth Australia s lng as they cmply with certain specific Suth Australian requirements (ie maximum bet, return t player prvisins, cmpatibility with the mnitring system etc). Regulatins list Queensland, New Suth Wales, Victria and New Zealand as prescribed jurisdictins. The Suth Australian Gvernment s new plicy psitin is mving away frm the previus level f scrutiny f the apprval prcess t nw fcus mre n the lawful peratin f games. As part f this initiative t expedite game apprvals, the exacerbatin test principles, previusly prescribed by the Independent Gambling Authrity (IGA), will als be remved. The Suth Australian Gvernment cnsiders that as a result f ther amendments included in the current refrm package Suth Australia will have a strnger respnsible gambling envirnment in general and the principles underpinning the exacerbatin test will be satisfied via ther means. It is imprtant t remember hwever, that if the applicatin is fr apprval f a game which has nt already been apprved in a prescribed jurisdictin (i.e. the game has been designed specifically fr the Suth Australian market), the Liqur and Gambling Cmmissiner still has an unqualified discretin t grant r refuse an applicatin n any grund and fr any reasn that he r she thinks fit. Cntinued prhibitin f certain gaming machine cmpnents The current prhibitin n gaming machines being able t be perated by insertin f a banknte and games having an aut play facility remain in place. Under the new expedited apprval regime fr gaming machines, an apprved machine frm a prescribed jurisdictin may be fitted with a bank nte acceptr. Thse machines will be allwed t be installed in Suth Australian venues; hwever, it is the gaming machine venue licensees respnsibility t ensure that the machine is cnfigured s that it cannt be perated by the insertin f a banknte and that aut play is disabled. Inspectrs frm CBS will mnitr cmpliance and enfrce any breaches detected.

2 Better gaming machines installed mre regularly Suth Australia currently has sme f the ldest gaming machine stck in Australia which restricts the availability f develpments in imprved respnsible gambling technlgy designed t assist peple with managing their gambling. In rder t keep up with ever develping technlgies, new games and gaming machines will be apprved fr a limited perid f five and 10 years respectively, after which, thse games and gaming machines will n lnger be able t be perated. Such apprvals can, hwever, be extended fr a further five and 10 years respectively with the apprval f the Liqur and Gambling Cmmissiner. Transitinal prvisins prvide that games and gaming machines that were apprved as at 31 December 2013 will be treated as thugh they have been apprved under the new arrangements (except fr thse games referred t in the next pint). That is, games and gaming machines installed n 1 January 2014 will need t be replaced within five and 10 years respectively unless the apprval has been extended by the Liqur and Gambling Cmmissiner. Return t player rate minimum f 87.5% fr all gaming machines The current minimum return t player (RTP) rate remains unchanged at 87.5%. Hwever, there are a number f gaming machines currently in the field which perate at a minimum RTP less than 87.5%. Licensees were permitted t retain thse machines when the minimum RTP rate changed frm 85% t 87.5% sme time ag. These gambling refrms present an pprtunity t mandate ne flat minimum RTP rate f 87.5% fr all gaming machines in peratin in Suth Australia frm this pint frward. As a result, licensees will n lnger be permitted t perate gaming machines that return less than 87.5% t the player. Inspectrs frm CBS will mnitr cmpliance and enfrce any breaches detected. Eliminatin f apprval prcess fr the sale r dispsal f gaming machines Currently, it is a cnditin f a gaming machine licence that the licensee must apply t the Liqur and Gambling Cmmissiner fr apprval befre selling r dispsing f gaming machines. The Suth Australian Gvernment cnsiders that there is sufficient infrmatin available in the current licensing arrangements and the Independent Gaming Crpratin s (IGC) central mnitring system t facilitate effective cntrl ver the peratin f htel and club gaming machines. Therefre, htel and club gaming venues will n lnger be required t seek apprval fr the sale r dispsal f gaming machines. As is currently the case, licensed gaming machine dealers will be able t sell gaming machines t gaming venues and vice versa, prvided that the Liqur and Gambling Cmmissiner has apprved the frm f cntract. If yu are selling a gaming machine r game n r after 1 January 2014, please d nt send an applicatin t Cnsumer and Business Services. It is imprtant t remember that it is a breach f a gaming machine licence cnditin fr a licensee t pssess mre gaming machines than gaming machine entitlements at a venue. It is the venue licensees respnsibility t ensure that any gaming machines that are t be replaced are remved frm the venue prir t any replacement machine being installed.

3 Mvement f gaming machines, games and prescribed gaming machine cmpnents between venues with the same licensee Currently, if a licensee has mre than ne gaming machine venue and wants t mve gaming machines, games and prescribed gaming machine cmpnents between thse venues, they are legally required t use a gaming machine dealer t undertake the transactin. As part f the red tape reductin initiatives included in these gambling refrms, frm 1 January 2014, if games, gaming machines r gaming machine cmpnents are being mved between venues which have the same licensee, a gaming machine dealer will nt be required t be invlved in the transactin. Thse licensees will be able t g direct t a service licensee t have the gaming machine equipment relcated. The table belw shws which same licensees this change is applicable t Type f licensee Venue 1 Venue 2 Des a gaming machine dealer need t be invlved? Individual persn/s Jhn Citizen Jhn Citizen N Individual persn/s Jhn Citizen Jhn Citizen and Helen Smith (and any ther individuals) Yes Prfit bdy crprate ABC Pty Ltd ABC Pty Ltd N Prfit bdy crprate ABC Pty Ltd ABC Pty Ltd and XYZ Pty Ltd (and any ther bdy crprate) Yes Nn-prfit bdy crprate ABC Sprting Club Incrprated ABC Sprting Club Incrprated N Again, it is imprtant t remember that it is a breach f a gaming machine licence cnditin fr a licensee t pssess mre gaming machines than gaming machine entitlements at a venue. It is the venue licensees respnsibility t ensure that any gaming machines that are t be replaced are remved frm the venue prir t the replacement machine being installed.

4 State-wide cap n gaming machine entitlements The cncept f a gaming machine entitlement was created fr htels and clubs thrugh the Gaming Machines Act 1992 in This cncept did nt extend t the Adelaide Casin. One gaming machine entitlement allws a licensee t perate ne gaming machine. A state-wide cap n gaming machine entitlements will be created frm 1 January 2014 which cvers all gaming sectr venues. Therefre: the Adelaide Casin will be granted 995 nn-transferrable gaming machine entitlements which is equal t the maximum number f gaming machines it can currently perate; the Adelaide Casin will be allwed access t the Apprved Trading System where it will be able t buy and sell certain entitlements; and the frfeiture system fr entitlements sld by the Adelaide Casin will apply in the same manner as fr-prfit venues (i.e. ut f every fur entitlements sld by the Adelaide Casin, ne entitlement will be cancelled). As part f the redevelpment f the Casin, the Suth Australian Gvernment will allw the Adelaide Casin t increase the maximum number f gaming machines it can perate frm 995 t 1,500. The Adelaide Casin will initially be required t purchase the additinal 505 entitlements thrugh the Apprved Trading System. Amendments als allw Club One t transfer entitlements t Adelaide Casin under agreements apprved by the Liqur and Gambling Cmmissiner. Such entitlements wuld cunt twards the additinal 505 gaming machines. If, hwever, the Adelaide Casin is unable t reach specific targets thrugh the Apprved Trading System, the Suth Australian Gvernment will sell sme gaming machine entitlements directly t the Casin t enable it t prceed with the expansin f its facility. These gaming machine entitlements will nly be able t be used in premium gaming areas and are unable t be sld in the Apprved Trading System. Expiatin fees will extend t breaches f all licence cnditins Expiatin fees were intrduced t the Gaming Machines Act 1992 in A technical amendment made t the Act as part f these refrms will extend expiatin fees t all licence cnditins, ther than thse set ut in Attachment A licence cnditins. Rights and respnsibilities f landlrds This is a technical amendment t the Gaming Machines Act 1992 t give a landlrd, wh has taken pssessin f licensed premises and has btained the apprval f the Liqur and Gambling Cmmissiner t d s, the full rights and respnsibilities f a licensee. Accunt based cashless gaming system Accunt based cashless gaming is a beneficial respnsible gambling measure as it recrds the patrn s histry f their play, which when made available t the persn, can assist them in making an infrmed decisin relating t their gambling behaviur. Accunt based cashless gaming can als ffer significant benefits t venues in terms f the cst, risk management and time assciated with cash handling. It als ffers benefits t custmers in terms f a mre cnvenient methd t stre value fr use in gaming machines.

5 Regulatins impse the fllwing requirements if a cashless gaming system is used: Gaming machines must be perated in cnjunctin with an autmated risk mnitring system which has been recgnised by the IGA Gaming machines must be perated in cnjunctin with a vluntary precmmitment system which cmplies with a Vluntary Pre-cmmitment Cde. Cash withdrawal limits (frm 1 February 2014) The current prhibitin n prviding cash facilities within a gaming area n a licensed premises remains in place. Cnsistent with legislatin passed by the Cmmnwealth Parliament in 2012, a $250 per day transactin limit will be placed n ATM withdrawals within in ther areas n a licensed premises. At the same time, a regulatin will cme int frce which makes explicit the existing $200 per transactin EFTPOS withdrawal limit within ther areas n a licensed premises. The regulatin will als require that cash must be directly btained frm a persn perating the EFTPOS facility, and nt btained remtely frm a machine r facility at sme ther lcatin. Amendments t Attachment B Cnditins In cnjunctin with the amendments referred t abve, a review is being undertaken f the Attachment B Licence Cnditins impsed by the Liqur and Gambling Cmmissiner. The purpse f this review is t remve cnditins which are bslete, amend cnditins assciated with the amendments t the Gaming Machines Act 1992 and further imprve the remaining cnditins. Licensees will be advised f the changes shrtly nce they have been finalised and will be prvided with apprpriate ntice prir t the new cnditins cmmencing. Tentative schedule fr future trading runds The Liqur and Gambling Cmmissiner has set a tentative schedule fr trading runds which may be cnducted during 2014 and It is imprtant t nte that the dates listed are tentative and subject t change. Trading Rund 5/2014 6/2014 7/2014 8/2015 9/ /2015 Offers Open 23 Jan May Sep Jan May Sep 2015 Offers Clse 3 Mar Jun Oct Feb Jun Oct 2015 Trading Day 3 Apr Jul Nv Mar Jul Nv 2015 Date f Issue: 5 December 2013