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 ;[Regulation 3 Amended by S.R. 2008, No. 21, Applied:09 Apr 2008]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.
5A. Betting exchange commission
[Regulation 5A Inserted by S.R. 2006, No. 84, Applied:30 Aug 2006] [Regulation 5A Substituted by S.R. 2009, No. 58, Applied:01 Jul 2009] For section 150AC(4A) of the Act, the calculation is, in respect of each code of racing in each Australian jurisdiction, to be in accordance with the following formula:where –BEC is the amount of betting exchange commission from brokered wagering on racing events (for the relevant code of racing and Australian jurisdiction);C is the amount of commission authorised under section 76ZDD of the Act from brokered wagering on racing events (for the relevant code of racing and Australian jurisdiction);P is the amount of race fields publishing fees payable by the betting exchange operator, or such other fees as are payable by the betting exchange operator for the use of racing product on racing events (in accordance with the relevant legislation applying to the relevant code of racing in the relevant Australian jurisdiction);L is the rate of relevant product levy under section 150AC(2) of the Act.
(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) [Regulation 6 Subregulation (2) amended by S.R. 2009, No. 103, Applied:26 Aug 2009] the awarding of a prize or other award in respect of any art or other cultural activity;(d) [Regulation 6 Subregulation (2) amended by S.R. 2009, No. 103, Applied:26 Aug 2009] the movement in a stock market index or the price of a stock on a stock market;(e) [Regulation 6 Subregulation (2) amended by S.R. 2009, No. 103, Applied:26 Aug 2009] the movement in a commodities market index or the price of a commodity on a commodities market;(f) [Regulation 6 Subregulation (2) amended by S.R. 2009, No. 103, Applied:26 Aug 2009] the movement in interest rates, consumer price index or other economic indicator;(g) [Regulation 6 Subregulation (2) amended by S.R. 2009, No. 103, Applied:26 Aug 2009] the temperature, weather or other meteorological event;(h) [Regulation 6 Subregulation (2) amended by S.R. 2009, No. 103, Applied:26 Aug 2009] the result or an outcome of a television show or other media entertainment event;(i) [Regulation 6 Subregulation (2) amended by S.R. 2009, No. 103, Applied:26 Aug 2009] the result or an outcome of a bloodstock sale or the sex, weight or other characteristic of the progeny of a bloodstock animal;(j) [Regulation 6 Subregulation (2) amended by S.R. 2009, No. 103, Applied:26 Aug 2009] a statistical result based on published research or data;(k) [Regulation 6 Subregulation (2) amended by S.R. 2009, No. 103, Applied:26 Aug 2009] a celebrity announcement.
6A. Foreign games permit tax rate
[Regulation 6A Inserted by S.R. 2008, No. 73, Applied:09 Jul 2008] For the purposes of section 150AF(2) of the Act , the amount of tax payable on a foreign games permit holder's turnover on tickets sold in Tasmania in a foreign game during a month, taking into account the effect of the goods and services tax, is the percentage, of that turnover, calculated in accordance with the following formula:where –A is the percentage of the foreign games permit holder's turnover on the tickets in the foreign game during the month payable as tax under section 150AF(2) of the Act ;B is the percentage that is specified by the foreign games permit holder (in accordance with the foreign games permit holder's foreign games permit) as the rate of return to players, as winnings, of turnover on the tickets in the foreign game during the month;C is the rate of goods and services tax specified in section 4 of the A New Tax System (Goods and Services Tax Imposition – General) Act 1999 of the Commonwealth as being payable under the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.
Note: For example, if 60% is specified by the foreign games permit holder as the rate of return to players ("B") and 10% is the rate of goods and services tax payable ("C"), the formula is applied as follows:
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 .
[Regulation 8 Substituted by S.R. 2007, No. 121, Applied:26 Dec 2007] An appeal to the Supreme Court under section 173 of the Act is to be instituted in the manner and within the period provided in Division 4 of Part 27 of the Supreme Court Rules 2000 .
SCHEDULE 1 - Fees[Schedule 1 Amended by S.R. 2005, No. 11, Applied:21 Feb 2005] [Schedule 1 Amended by S.R. 2005, No. 11, Applied:21 Feb 2005] [Schedule 1 Amended by S.R. 2005, No. 11, Applied:21 Feb 2005] [Schedule 1 Amended by S.R. 2005, No. 11, Applied:21 Feb 2005] [Schedule 1 Amended by S.R. 2005, No. 11, Applied:21 Feb 2005] [Schedule 1 Amended by S.R. 2005, No. 11, Applied:21 Feb 2005] [Schedule 1 Amended by S.R. 2005, No. 11, Applied:21 Feb 2005] [Schedule 1 Amended by S.R. 2005, No. 11, Applied:21 Feb 2005] [Schedule 1 Amended by S.R. 2005, No. 11, Applied:21 Feb 2005] [Schedule 1 Amended by S.R. 2005, No. 11, Applied:21 Feb 2005] [Schedule 1 Amended by S.R. 2005, No. 11, Applied:21 Feb 2005] [Schedule 1 Amended by S.R. 2005, No. 11, Applied:21 Feb 2005] [Schedule 1 Amended by S.R. 2005, No. 11, Applied:21 Feb 2005] [Schedule 1 Amended by S.R. 2005, No. 11, Applied:21 Feb 2005] [Schedule 1 Amended by S.R. 2005, No. 11, Applied:21 Feb 2005] [Schedule 1 Amended by S.R. 2005, No. 11, Applied:21 Feb 2005] [Schedule 1 Amended by S.R. 2005, No. 11, Applied:21 Feb 2005] [Schedule 1 Amended by S.R. 2005, No. 11, Applied:21 Feb 2005] [Schedule 1 Amended by S.R. 2005, No. 11, Applied:21 Feb 2005] [Schedule 1 Amended by S.R. 2005, No. 11, Applied:21 Feb 2005] [Schedule 1 Amended by S.R. 2005, No. 11, Applied:21 Feb 2005] [Schedule 1 Amended by S.R. 2005, No. 11, Applied:21 Feb 2005] [Schedule 1 Amended by S.R. 2005, No. 11, Applied:21 Feb 2005] [Schedule 1 Amended by S.R. 2005, No. 11, Applied:21 Feb 2005] [Schedule 1 Amended by S.R. 2005, No. 11, Applied:21 Feb 2005] [Schedule 1 Amended by S.R. 2005, No. 11, Applied:21 Feb 2005] [Schedule 1 Amended by S.R. 2005, No. 11, Applied:21 Feb 2005] [Schedule 1 Amended by S.R. 2005, No. 11, Applied:21 Feb 2005] [Schedule 1 Amended by S.R. 2005, No. 11, Applied:21 Feb 2005] [Schedule 1 Amended by S.R. 2005, No. 11, Applied:21 Feb 2005] [Schedule 1 Amended by S.R. 2005, No. 11, Applied:21 Feb 2005] [Schedule 1 Amended by S.R. 2005, No. 11, Applied:21 Feb 2005] [Schedule 1 Amended by S.R. 2005, No. 11, Applied:21 Feb 2005] [Schedule 1 Amended by S.R. 2005, No. 11, Applied:21 Feb 2005] [Schedule 1 Amended by S.R. 2005, No. 11, Applied:21 Feb 2005] [Schedule 1 Amended by S.R. 2006, No. 152, Applied:03 Jan 2007] [Schedule 1 Amended by S.R. 2006, No. 152, Applied:03 Jan 2007] [Schedule 1 Amended by S.R. 2008, No. 21, Applied:09 Apr 2008] [Schedule 1 Amended by S.R. 2008, No. 21, Applied:09 Apr 2008]
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 application does not involve fingerprinting the associate; or | 80 | (ii) if application involves fingerprinting the associate. | 145 | 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 application does not involve fingerprinting the associate; or | 80 | (ii) if application involves fingerprinting the associate. | 145 | 4. | Application for renewal of licensed premises gaming licence under section 43B(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 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 application for renewal does not involve fingerprinting the associate; or | 80 | (ii) if application for renewal involves fingerprinting the associate. | 145 | 5. | Application for renewal of licensed premises gaming licence under section 43B(1) of the Act 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 application for renewal does not involve fingerprinting the associate; or | 80 | (ii) if application for renewal involves fingerprinting the associate. | 145 | 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 under section 161(1) of the Act of change of nominated associate of a licensed operator, licensed premises gaming operator or person listed on the Roll – | (a) if notification does not involve fingerprinting the new associate; or | 80 | (b) if notification involves fingerprinting the new associate. | 145 | 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 – | (i) if application does not involve fingerprinting the employee; or | 120 | (ii) if application involves fingerprinting the employee; or | 185 | (b) statewide gaming management – | (i) if application does not involve fingerprinting the employee; or | 120 | (ii) if application involves fingerprinting the employee; or | 185 | (c) casino operation – | (i) if application does not involve fingerprinting the employee; or | 120 | (ii) if application involves fingerprinting the employee; or | 185 | (d) statewide gaming operation – | (i) if application does not involve fingerprinting the employee; or | 120 | (ii) if application involves fingerprinting the employee; or | 185 | (e) licensed premises gaming operation – | (i) if application does not involve fingerprinting the employee; or | 120 | (ii) if application involves fingerprinting the employee; or | 185 | (f) Tasmanian gaming licence operation – | (i) if application does not involve fingerprinting the employee; or | 120 | (ii) if application involves fingerprinting the employee; or | 185 | (g) Tasmanian gaming licence management – | (i) if application does not involve fingerprinting the employee; or | 120 | (ii) if application involves fingerprinting the employee. | 185 | 9. | Application for variation of licence conditions to allow holder of special employee's licence to exercise or perform functions in an extra area of operation of a kind referred to in item 8. | 90 | 10. | Application for renewal of a special employee's licence under section 60(1) of the Act in respect of – | (a) casino management and security – | (i) if application for renewal does not involve fingerprinting the employee; or | 120 | (ii) if application for renewal involves fingerprinting the employee; or | 185 | (b) statewide gaming management – | (i) if application for renewal does not involve fingerprinting the employee; or | 120 | (ii) if application for renewal involves fingerprinting the employee; or | 185 | (c) casino operation – | (i) if application for renewal does not involve fingerprinting the employee; or | 120 | (ii) if application for renewal involves fingerprinting the employee; or | 185 | (d) statewide gaming operation – | (i) if application for renewal does not involve fingerprinting the employee; or | 120 | (ii) if application for renewal involves fingerprinting the employee; or | 185 | (e) licensed premises gaming operation – | (i) if application for renewal does not involve fingerprinting the employee; or | 120 | (ii) if application for renewal involves fingerprinting the employee; or | 185 | (f) Tasmanian gaming licence operation – | (i) if application for renewal does not involve fingerprinting the employee; or | 120 | (ii) if application for renewal involves fingerprinting the employee; or | 185 | (g) Tasmanian gaming licence management – | (i) if application for renewal does not involve fingerprinting the employee; or | 120 | (ii) if application for renewal involves fingerprinting the employee. | 185 | 11. | Application for technician's licence – | (a) if application does not involve fingerprinting the technician; or | 120 | (b) if application involves fingerprinting the technician. | 185 | 12. | Application for renewal of technician's licence – | (a) if application for renewal does not involve fingerprinting the technician; or | 120 | (b) if application for renewal involves fingerprinting the technician. | 185 | 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.