Gaming Control Regulations 2004
I, the Administrator in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Gaming Control Act 1993 .
13 December 2004PETER G. UNDERWOOD
Administrator
By His Excellency's Command,
J. G. COX
Minister for Finance
These regulations may be cited as the Gaming Control Regulations 2004 .
These regulations take effect on 1 January 2005.
In these regulations –Act means the Gaming Control Act 1993 ;category A technician's licence means a technician's licence under Division 4 of Part 4 of the Act that authorises a technician to perform all the functions of a technician;category B technician's licence means a technician's licence under Division 4 of Part 4 of the Act that authorises a technician to perform functions that the Commission determines are category B functions;nominated associate means any associate of the applicant named in an application for a licensed premises gaming licence under section 36 of the Act.
The fees specified in Schedule 1 are the maximum fees prescribed for the purposes of the Act.
5. Gaming and wagering guarantee
(1) The amount of the gaming and wagering guarantee to be provided to the Commission under clause 3(5)(b) of Schedule 5 to the Act by the holder of a Tasmanian gaming licence referred to in that clause is $25 000.(2) The gaming and wagering guarantee provided under clause 3(5)(b) of Schedule 5 to the Act is to be provided by giving the Commission a copy of that guarantee within 21 days after an application to which that clause relates is made.
(1) In this regulation –political election means an election in –in respect of any level of Government in that country, State, Territory or other district or area, including local or district Government, if wagering in respect of that election is not otherwise illegal under the law of Tasmania or any other law.(a) Australia or another country; or(b) any State or Territory in Australia; or(c) any State in another country; or(d) any other district or area of Australia or another country –(2) For the purposes of paragraph (c) of the definition of sports event in section 3(1) of the Act, the following activities are prescribed as sports events:(a) a political election;(b) the awarding of a prize or other award in respect of any sport;(c) the awarding of a prize or other award in respect of any art or other cultural activity.
For the purposes of section 100(2) of the Act, the following provisions of the Act are prescribed:(a) section 87 ;(b) section 88 ;(c) section 89 ;(d) section 94 ;(e) section 112 ;(f) section 115 ;(g) section 116 ;(h) section 118 ;(i) section 135 .
An appeal to the Supreme Court under section 173 of the Act is to be –(a) made in accordance with the Supreme Court Rules 2000 ; and(b) lodged within 60 days after the date on which notice of the decision of the Commission was given.
SCHEDULE 1 - Fees
Column 2 | Fee units | 1. | Application for the redefining of the boundaries of a casino under section 15(3) of the Act. | 500 | 2. | Application for licensed premises gaming licence under section 36(1) of the Act in relation to keno – | (a) base fee; and | 350 | (b) further fee, in addition to the base fee, for each nominated associate – | (i) if the associate has been fingerprinted for the purposes of the Act or these regulations; or | 50 | (ii) if the associate has not been so fingerprinted. | 80 | 3. | Application for licensed premises gaming licence under section 36(1) of the Act in relation to gaming machines or keno and gaming machines – | (a) base fee; and | 570 | (b) further fee, in addition to the base fee, for each nominated associate – | (i) if the associate has been fingerprinted for the purposes of the Act or these regulations; or | 50 | (ii) if the associate has not been so fingerprinted. | 80 | 4. | Application for renewal of licensed premises gaming licence in relation to keno – | (a) base fee; and | 350 | (b) further fee, in addition to the base fee, for each nominated associate who has not been approved as a suitable associate, special employee or technician of the licensee in the 12-month period preceding the day the application for renewal is received – | (i) if the associate has been fingerprinted for the purposes of the Act or these regulations; or | 50 | (ii) if the associate has not been so fingerprinted. | 80 | 5. | Application for renewal of licensed premises gaming licence in relation to gaming machines or keno and gaming machines – | (a) base fee; and | 450 | (b) further fee, in addition to the base fee, for each nominated associate who has not been approved as a suitable associate, special employee or technician of the licensee in the 12-month period preceding the day the application for renewal is received – | (i) if the associate has been fingerprinted for the purposes of the Act or these regulations; or | 50 | (ii) if the associate has not been so fingerprinted; or | 80 | 6. | Request to amend the conditions of a licensed premises gaming licence in accordance with section 44(2)(a) of the Act. | 125 | 7. | Notification of change of nominated associate of a licensed operator, licensed premises gaming operator or person listed on the Roll – | (a) if the new associate has been fingerprinted for the purposes of the Act or these regulations; or | 50 | (b) if the new associate has not been so fingerprinted. | 80 | 8. | Application for special employee's licence under section 51(1) of the Act (except in a case referred to in item 9) in respect of – | (a) casino management and security; or | 250 | (b) statewide gaming management; or | 250 | (c) casino operation – | (i) if the employee has been fingerprinted for the purposes of the Act or these regulations; or | 90 | (ii) if the employee has not been so fingerprinted; or | 120 | (d) statewide keno operation; or | 90 | (e) statewide gaming machine operation – | (i) if the employee has been fingerprinted for the purposes of the Act or these regulations; or | 90 | (ii) if the employee has not been so fingerprinted; or | 120 | (f) statewide gaming operation – | (i) if the employee has been fingerprinted for the purposes of the Act or these regulations; or | 90 | (ii) if the employee has not been so fingerprinted; or | 120 | (g) licensed premises gaming operation – | (i) if the employee has been fingerprinted for the purposes of the Act or these regulations; or | 90 | (ii) if the employee has not been so fingerprinted; or | 120 | (h) Tasmanian gaming licence operations – | (i) if the employee has been fingerprinted for the purposes of the Act or these regulations; or | 90 | (ii) if the employee has not been so fingerprinted; or | 120 | (j) Tasmanian gaming licence management. | 250 | 9. | Application for the variation of licence conditions to allow holder of special employee's licence to exercise functions in an extra area of operation of a kind referred to in item 8(c), (d), (e), (f) or (g) – | (a) if the employee has been fingerprinted for the purposes of the Act or these regulations; or | 60 | (b) if the employee has not been so fingerprinted. | 90 | 10. | Application for renewal of a special employee's licence in respect of – | (a) casino management and security; or | 110 | (b) statewide gaming management; or | 110 | (c) casino operation; or | 90 | (d) statewide keno operation; or | 90 | (e) statewide gaming machine operation; or | 90 | (f) statewide gaming operation; or | 90 | (g) Tasmanian gaming licence operations; or | 90 | (h) Tasmanian gaming licence management. | 110 | 11. | Application for – | (a) a category A technician's licence; or | 250 | (b) a category B technician's licence. | 120 | 12. | Application for renewal of technician's licence. | 110 | 13. | Application to be listed on the Roll under section 71(2) of the Act. | 500 | 14. | Annual licence fee payable in respect of a Tasmanian gaming licence referred to in clause 3(5) of Schedule 5 to the Act. | 500 | 15. | Application for replacement of any licence issued under the Act. | 20 |
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 22 December 2004
These regulations are administered in the Department of Treasury and Finance.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations –(a) prescribe certain fees payable for the purposes of the Gaming Control Act 1993; and(b) prescribe the amount of the gaming and wagering guarantee to be provided and the manner in which it is to be provided; and(c) prescribe certain activities to be sports events for the purposes of the Act; and(d) prescribe certain offences in relation to which an inspector may detain a person in certain circumstances; and(e) prescribe the period within which, and the manner in which, appeals may be made to the Supreme Court; and(f) are made consequentially on the repeal of the Gaming Control Regulations 1994 by the Subordinate Legislation Act 1992.