Version No. 002
Gaming No. 2 (General) Regulations 1998
S.R. No. 27/1998
Version incorporating amendments as at 9 September 2003
table of provisions
RegulationPage
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RegulationPage
1.Objectives
2.Authorising provisions
3.Commencement
4.Definition
5.Sporting or recreational club or association
6.Prescribed standards and conditions for devices and games
7.Prescribed authorities and persons
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SCHEDULE—Prescribed Authorities and Persons
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
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Version No. 002
Gaming No. 2 (General) Regulations 1998
S.R. No. 27/1998
Version incorporating amendments as at 9 September 2003
1
S.R. No. 27/1998
Gaming No. 2 (General) Regulations 1998
1.Objectives
The objectives of these Regulations are to prescribe—
(a)the kinds of sporting or recreational clubs or associations for the purposes of declaring the club or association to be a community or charitable organisation within the meaning of the Gaming No.2 Act 1997;
(b)the standards and conditions for devices and games at certain venues;
(c)the authorities and persons to whom specified information may be divulged under that Act.
2.Authorising provisions
These Regulations are made under sections 4(1)(b), 9(a), 104 and 105 of the Gaming No.2 Act 1997.
3.Commencement
These Regulations come into operation on 31March 1998.
4.Definition
In these Regulations, "Act" means Gaming No.2 Act 1997.
5.Sporting or recreational club or association
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For the purposes of section 4(1)(b) of the Act, a sporting or recreational club or association is of a prescribed kind if—
(a)it has a bona fide membership; and
(b)it has been formed for recreational purposes or the promotion of any sport; and
(c)if it is incorporated, it can show continuing compliance with the requirements of the law under which it is incorporated; and
(d)if it is unincorporated—
(i)it is managed by a committee, elected by the general body of members for a period of not less than 12 months, which meets regularly; and
(ii)it consistently holds annual general meetings; and
(iii)it records its decisions accurately in writing; and
(e)it has a treasurer who maintains proper financial records and presents a statement of income and expenditure and a balance sheet at its annual general meeting; and
(f)it operates a banking account in its name; and
(g)it issues cheques signed by not less than 2authorised officers; and
(h)it has a constitution which provides that in the event of the club or association being disbanded, its net assets will not be distributed to members but will be distributed to—
(i)a fund with objectives similar to those of the club or association; or
(ii)a fund which is appropriated exclusively for a purpose referred to in paragraph (a) of the definition of "community purpose" in the Act; or
(iii)a community or charitable organisation.
6.Prescribed standards and conditions for devices and games
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For the purposes of section 9(a) of the Act, the prescribed standards and conditions for devices or games are—
(a)the device or game is not—
(i)a game approved under section 60 of the Casino Control Act 1991; or
(ii)a gaming machine within the meaning of the Gaming Machine Control Act 1991;
(b)the game or device is such that the prize or prizes available to be won at a particular attempt are clearly and unambiguously identified to participants;
(c)if the device or game is a spinning wheel—
(i)the wheel is divided into approximately equal divisions; and
(ii)the design of the wheel allows an approximately equal and random chance of the wheel finishing in or on a particular division; and
(iii)the wheel is maintained in such a way that it operates as designed; and
(iv)the number of tickets sold in each spin is equal to the number of divisions of the wheel;
(d)if the device or game is not a spinning wheel—
(i)there is no systematic bias to a particular outcome in the rules or design; and
(ii)a prize winning outcome is achievable; and
(iii)reasonable steps are taken to explain to participants, in language likely to be understood by them, the way in which the game is played or the device operates (including the extent to which skill is relevant); and
(iv)the game is played in the manner explained and the device (or any device forming part of the game) is maintained in such a way that it operates as designed.
7.Prescribed authorities and persons
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For the purposes of section 104(3)(b) of the Act, the prescribed authorities and prescribed persons are those listed in the Schedule.
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Sch. amended by S.R. No. 103/2003 reg.3.
SCHEDULE
Sch.
Prescribed Authorities and Persons
Chief Inspector, Interpol
Austria
Chairman, Austrian Casino Supervisory Board
Chief Commissioner, Austrian Police
Australia
Director, Australian Bureau of Criminal Intelligence
Chairman, Australian Securities Commission
Chief Executive Officer, Australian Crime Commission
Chief Executive Officer, Australian Customs Service
Commissioner, Australian Federal Police
Director General, Australian Security Intelligence Organisation
Director of Public Prosecutions, Commonwealth
Australian States and Territories
Australian Capital Territory
Chairman, Australian Capital Territory Casino Surveillance Authority
Director, Returns and Licences, Australian Capital Territory Revenue Office
Christmas Island
Chairman, Christmas Island Casino Surveillance Authority
New South Wales
Chief Executive, New South Wales Casino Control Authority
Director of Casino Surveillance, New South Wales
Commissioner, New South Wales Independent Commission Against Corruption
Chairman, Liquor Administration Board, New South Wales
Chief Commissioner, New South Wales State Police
Director of Liquor and Gaming, Department of Gaming and Racing, New South Wales
Northern Territory
Chief Executive Officer, Northern Territory Racing and Gaming Authority
Chief Commissioner, Northern Territory Police
Queensland
Executive Director, Queensland Office of Gaming Regulation—Casino Control Division
Executive Director, Queensland Office of Gaming Regulation—Machine Gaming Division
Director, Liquor Licensing Commission, Department of Tourism, Small Business and Industry, Queensland
Chairman, Queensland Criminal Justice Commission
Executive Director, Queensland Office of Gaming Regulation
Chief Commissioner, Queensland Police Service
South Australia
Chief Commissioner, South Australian State Police
Commissioner for Liquor Licensing, South Australia
Chief Executive Officer, Lotteries Commission of South Australia
The Secretary to the Casino Supervisory Authority, South Australia
The Secretary to the Gaming Supervisory Authority, South Australia
Tasmania
Sch.
Chairman, Licensing Board of Tasmania
Chairman, Tasmanian Gaming Commission
Chief Commissioner, Tasmanian State Police
Director, Revenue and Gaming Division, Department of Treasury and Finance, Tasmania
Victoria
Commissioner, Liquor Licensing Commission
Chief Commissioner, Victoria Police
Western Australia
Director of Gaming, Western Australian Office of Racing, Gaming and Liquor
Director, Casino Control Division, Western Australian Office of Racing, Gaming and Liquor
Chief Commissioner, Western Australian State Police
Canada
Director, Licensing Division, Alberta Gaming and Liquor Commission
Director, Loto—Quebec
Chairman, Ontario Gaming Control Commission
President, Atlantic Lottery Corporation
President, Western Canada Lottery Corporation
Saskatchewan Liquor and Gaming Authority
Vice President, Corporate Security, Manitoba Lotteries Corporation
France
Minister for the Interior, France
Hong Kong
Commissioner, Hong Kong Police
Japan
Chief Inspector, National Police Agency of Japan
Macau
Chief Inspector, Judiciary Police Macau
Malaysia
Chief Inspector, The Royal Malaysia Police
Monaco
Chief Executive Officer, Monaco Economic Development Corporation
The Netherlands
Sch.
Chairman, Netherlands Casino Board
Chief Commissioner, Netherlands Police
New Zealand
General Manager, Gaming, Racing and Censorship, New Zealand Department of Internal Affairs
Chief Executive, New Zealand Casino Control Authority
Commissioner, New Zealand Police
Papua New Guinea
The Registrar, National Gaming Control Board of Papua New Guinea
South Africa
Chairman, Mpumalanga Gaming Board, Mpumalanga Province, South Africa
Director, Taxes, Levies and Duties, Provincial Administration, Western Cape, South Africa
United Kingdom
Chief Inspector, Gaming Board of Great Britain
Director, National Criminal Intelligence Service of Great Britain
United States of America
Chief Investigator, Department of the Treasury
Chief Inspector, U.S. Customs Service—Office of Enforcement.
Chairman, Iowa Racing and Gaming Commission
Chairman, Louisiana Riverboat Gaming Commission
Chairman, Mississippi Gaming Commission
Chairman, Missouri Gaming Commission
Chief Commissioner, Louisiana State Police
Director, Colorado Division of Gaming
Director, Federal Bureau of Investigation
Sch.
Chief Investigator, State of Nebraska Department of Revenue
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ENDNOTES
Endnotes
1.General Information
The Gaming No. 2 (General) Regulations 1998, S.R.No.27/1998 were made on 24 March 1998 by the Governor in Council under sections 4(1)(b), 9(a), 104 and 105 of the Gaming No. 2 Act 1997, No.16/1997 and came into operation on 31 March 1998: regulation 3.
The Gaming No. 2 (General) Regulations 1998 will sunset 10 years after the day of making on 24 March 2008 (see section 5 of the Subordinate Legislation Act 1994).
2.Table of Amendments
This Version incorporates amendments made to the Gaming No. 2 (General) Regulations 1998 by statutory rules, subordinate instruments and Acts.
Endnotes
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Gaming No. 2 (General) (Amendment) Regulations 2003, S.R. No. 103/2003
Date of Making: / 9.9.03Date of Commencement: / 9.9.03
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3.Explanatory Details
Endnotes
No entries at date of publication.
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