Gaming Control Regulations 2014

Gaming Control Regulations 2014

I, the Lieutenant-Governor 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 .

A. M. BLOW

Lieutenant-Governor

By His Excellency's Command,

PETER GUTWEIN

Treasurer

1.   Short title

These regulations may be cited as the Gaming Control Regulations 2014 .

2.   Commencement

These regulations take effect on 22 December 2014.

3.   Interpretation

In these regulations –

Act means the Gaming Control Act 1993 ;

nominated associate means an associate of the person, making an application under section 36 of the Act for a licensed premises gaming licence, who is named on that application.

4.   Fees

The fees specified in Schedule 1 are the maximum fees prescribed for the matters to which they respectively relate.

5.   Sports events

(1)  In this regulation –

political election means an election in –

(a) Australia or another country; or

(b) any state, territory, district or area of Australia or another country –

in respect of any level of Government in that country, state, territory, 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.

(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;

(d) the movement in a stock market index or the price of a stock on a stock market;

(e) the movement in a commodities market index or the price of a commodity on a commodities market;

(f) the movement in interest rates, consumer price index or other economic indicator;

(g) the temperature, weather or other meteorological event;

(h) the result or an outcome of a television show or other media entertainment event;

(i) the result or an outcome of a bloodstock sale or the sex, weight or other characteristic of the progeny of a bloodstock animal;

(j) a statistical result based on published research or data;

(k) a celebrity announcement.

5A.   Community interest matters

[Regulation 5A Inserted by S.R. 2017, No. 53, Applied:01 Sep 2017]

(1)  In this regulation –

Australian Statistical Geographical Classification means the Australian Statistical Geographical Classification published by the Australian Bureau of Statistics;

Australian Statistical Geography Standard means the Australian Statistical Geography Standard published by the Australian Bureau of Statistics;

gaming-sensitive sites include the following:

(a) licensed premises;

(b) community facilities;

(c) financial institutions;

(d) any other site that the Commission considers to be a gaming-sensitive site;

local government area means a local government area under the Australian Statistical Geographical Classification;

premises means licensed premises at which electronic gaming machines are proposed to be located;

relevant areas, in relation to premises, means –

(a) the local government area in which the premises are situated; and

(b) any other local government area within 2 kilometres of the premises; and

(c) the statistical area level 2 (SA2) under the Australian Statistical Geography Standard in which the premises are situated.

(2)  For the purposes of paragraph (a) of the definition of community interest matters in section 35A of the Act, the following matters are prescribed in relation to premises:

(a) the name and address of the premises and the licensed premises gaming licence number (if any);

(b) the number of electronic gaming machines proposed for the premises;

(c) the internal floor plan of the premises;

(d) the relevant areas in which the premises are located;

(e) the location and name of any gaming-sensitive sites that are within a 2-kilometre radius of the premises;

(f) a description of the facilities provided and the activities conducted at the premises;

(g) the harm minimisation and responsible gambling measures that will be in place at the premises in addition to those required by any other legislation;

(h) data relating to electronic gaming machines in the relevant areas in which the premises are located;

(i) demographic and other social and economic information relating to the relevant areas in which the premises are located;

(j) the potential social and economic benefits, for the local community, of any proposed electronic gaming machines;

(k) the negative social and economic impacts, and the potential negative social and economic impacts, on the local community, of any proposed electronic gaming machines and how those impacts will be managed.

5B.   Calculation of totalizator wagering dividends

[Regulation 5B Inserted by S.R. 2020, No. 14, Applied:04 Mar 2020]

(1)  In this regulation –

totalizator rules means the rules that a totalizator operator has in place in respect of a totalizator as required under section 76XA of the Act.

(2)  A totalizator operator in calculating the amount payable as a totalizator wagering dividend is to –

(a) disregard a fraction of 10 cents that is less than 5 cents; and

(b) take a fraction of 10 cents that is equal to or greater than 5 cents to be exactly 5 cents –

except where the relevant totalizator rules provide otherwise.

6.   Partial refund of licence fee on surrender of Tasmanian gaming licence

For section 76ZI(2A) of the Act, the proportional refund of the relevant licence fee is to be calculated in accordance with the following formula:

where –

A is the amount to be calculated;

LF is the licence fee payable for the full financial year in which the licence is surrendered;

D₁ is the number of days in that financial year;

D₂ is the number of days remaining in that financial year after the day on which the licence is surrendered.

7.   Partial refund of licence fee on surrender of gaming endorsement

(1)  For section 76ZI(4)(c) of the Act, the proportional refund of the relevant part of the licence fee is to be calculated in accordance with the following formula:

where –

A is the amount of the refund to be calculated;

NR is the amount of the nominal proportional refund (being the refund that the licensed provider would be given under section 76ZI(2A) of the Act if, on the day on which the gaming endorsement is surrendered (the "day of surrender"), the Tasmanian gaming licence itself were being surrendered, rather than that gaming endorsement);

NF is the amount of the nominal residual licence fee (being the fee that, under section 148A of the Act, would be payable in respect of the Tasmanian gaming licence for the relevant financial year if it were issued, with its remaining gaming endorsements, on the day of surrender).

(2)  In this regulation, relevant part has the same meaning as in section 76ZI of the Act.

8.   Offences

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 .

9.   Annual listing fee to remain on Roll

(1)  In this regulation –

listing year means the 12-month period commencing on 1 September in any year.

(2)  The fee required to be paid under section 148AB(1) of the Act is –

(a) payable for each listing year; and

(b) payable, for each listing year, by 31 August of the listing year immediately preceding the listing year for which it is being paid.

(3)  For section 148AB(2) of the Act, a proportional refund of the annual listing fee referred to in that subsection is to be calculated in accordance with the following formula:

where –

A is the amount of the refund to be calculated;

LF is the annual listing fee paid by the person for the listing year in which the person ceases to be listed on the Roll;

D₁ is the number of days in that listing year;

D₂ is the number of days remaining in that listing year after the day on which the person ceases to be listed on the Roll.

10.   Foreign games permit tax rate

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, that is 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.

11.   Appeals

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 as if it were an appeal which is subject to the provisions of the Supreme Court Civil Procedure Act 1932 .

SCHEDULE 1 - Fees

Regulation 4

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 26 November 2014

These regulations are administered in the Department of Treasury and Finance.