Charitable and Non-Profit Gaming Regulation 1999 1 Short title This regulation may be cited as the Charitable and Non-Profit Gaming Regulation 1999. 2 Commencement This regulation commences on 1 December 1999. 2A Definition In this regulation— major prize, for a game, means the most valuable prize offered in the game. 2B Prescribed gross proceeds amounts for category 1, 2, and 3 games (1) For the Act, section 14(1)(b), the prescribed amount is $2,000. (2) For the Act, section 15(1)(c), the prescribed amounts are $2,000 and $50,000. (3) For the Act, section 16(1)(a), the prescribed amount is $50,000. 3 Installation and operation of lucky envelope vending machines— Act , s 25 (1) This section applies if a person who conducts lucky envelopes (person A) arranges with the occupier of premises for the installation of a lucky envelope vending machine at the premises, for the sale of person A's lucky envelopes. (2) Person A must not allow the occupier, or an employee or agent of the occupier (the occupier), to help or become involved with person A in the operation of the machine or the sale of lucky envelopes from the machine. (3) However, subsection (2) does not prevent the occupier from— (a) paying to a winner, on behalf of person A, a prize won in a lucky envelope from the machine if person A has authorised the occupier in writing to pay prizes; or (b) telling person A about difficulties and faults in the operation of the machine or that the machine has been tampered with in any way; or (c) if the machine is electrically operated—ensuring that the supply of electricity to the machine is connected and turned on. (4) Person A must not give the occupier any money or other consideration for the installation or operation of the machine, other than— (a) an amount of not more than 5% of the gross proceeds of each game of lucky envelopes sold from the machine; or (b) an amount to reimburse the occupier for a prize paid by the occupier under subsection (3)(a). 4 Requirements for printing lucky envelopes— Act , s 26 (1) Each lucky envelope for a game of lucky envelopes must have printed or displayed on it— (a) the serial number of the game; and (b) the price of the lucky envelope. (2) The serial number must be from the sequence of serial numbers that is allocated by the chief executive to the person who holds the lucky envelope printer licence. (3) A serial number must not be used more than once. (4) Lucky envelopes must be— (a) securely sealed on all sides; and (b) made of a material that does not allow the contents of the playing panel to be seen without opening or scratching the playing panel. (5) At least 6% of the lucky envelopes in a game must be prize-winning envelopes. (6) The prize-winning envelopes must be randomly distributed among the lucky envelopes. (7) The total value of the prizes available in a game of lucky envelopes must be at least 40% of the amount that would be received if all the envelopes in the game were sold at the price on the envelopes. (8) A cash prize in a game of lucky envelopes, in which a ticket is scratched to reveal numbers, letters or symbols that may entitle the player to a prize, must not be more than $250. (9) A cash prize in any other game of lucky envelopes must not be more than $500. 5 Application for issue or renewal of general licence— Act , s 43 (1) For section 43(2) of the Act, the time prescribed for making application for issue of a general licence is— (a) if, for a particular application, the chief executive decides a period of time that is shorter than the period of time prescribed in paragraph (b)—the period of time decided by the chief executive; or (b) if the chief executive does not decide a period of time— (i) for a bingo centre licence—at least 28 days before the applicant intends to allow bingo to be conducted under the licence; and (ii) for a category 3 gaming licence—at least 28 days before the applicant intends to conduct a game under the licence; and (iii) for a lucky envelope printer licence—at least 28 days before the applicant intends to print lucky envelopes under the licence; and (iv) for a special category 3 gaming licence—at least 21 days before the applicant intends to conduct a game under the licence. (2) For section 43(2) of the Act, the time prescribed for making application for renewal of 1 of the following types of licences is at least 28 days before the licence is due to expire— (a) a bingo centre licence; (b) a category 3 gaming licence; (c) a lucky envelope printer licence. 6 Audit for category 2 or 3 gaming operations— Act , s 87 For section 87(1)(a) of the Act, the amount prescribed is $10,000. 7 Requests to review decisions about claims for prizes— Act , s 96 (1) This section prescribes, for section 96(6) of the Act, the way in which the chief executive must deal with a request, made by a claimant under section 96(4)(a) of the Act, to review a decision of a person who conducted a game (the person's decision). (2) The chief executive must either review, or refuse to review, the person's decision. (3) The chief executive may refuse to review the person's decision only if the chief executive considers the request was not made in good faith or is frivolous. (4) If the chief executive decides to refuse to review the person's decision, the chief executive must— (a) give written notice of the chief executive's decision to the person and claimant; and (b) give the claimant a written notice stating the reasons for the chief executive's decision. (5) If the chief executive decides to review the person's decision, the chief executive must— (a) give the person a copy of the claimant's request; and (b) by written notice given to the person invite the person, and by written notice given to the claimant invite the claimant, to make a written submission to the chief executive about the person's decision within 1 month after receiving the notice (the submission period). (6) The chief executive may— (a) cause an investigation to be made about any matter the chief executive considers relevant to the review; and (b) request a report of the investigation be given to the chief executive. (7) As soon as practicable after the end of the submission period, the chief executive must— (a) consider all written submissions made in the submission period by the person and claimant; and (b) consider any report given to the chief executive under subsection (6); and (c) make a decision about the review; and (d) give the person and claimant a written notice stating the decision and the reasons for the decision. 8 Requests to resolve claims for prizes— Act , s 96 (1) This section prescribes, for section 96(6) of the Act, the way in which the chief executive must deal with a request, made by a claimant under section 96(4)(b) of the Act, to resolve a claim for payment of a prize. (2) The chief executive must ask the person who conducted the game to immediately try to resolve the claim. (3) If, within 14 days of making the request under subsection (2), the chief executive is not advised of the resolution of the claim by the person or claimant, the chief executive must by written notice given to the person invite the person, and by written notice given to the claimant invite the claimant, to make a written submission to the chief executive about the claim within 1 month after receiving the notice (the submission period). (4) The chief executive may— (a) cause an investigation to be made about a matter the chief executive considers relevant to the claim; and (b) request a report of the investigation be given to the chief executive. (5) As soon as practicable after the end of the submission period, the chief executive must— (a) consider all written submissions made in the submission period by the person and claimant; and (b) consider any report given to the chief executive under subsection (4); and (c) make a decision about the claim; and (d) give the person and claimant a written notice stating the decision and the reasons for the decision. (6) However, the chief executive is not required to take or complete action under subsection (5) if the chief executive is advised by the person or the claimant, and is satisfied, that the claim has been resolved. 9 Requirements for approval of lucky envelope vending machine For section 100(2)(b)(i) of the Act, the features prescribed are— (a) a coin rejection and return facility if the machine fails to operate; and (b) a lockable money box accessible only to the person conducting the game; and (c) an adequate system of accounting and audit controls to enable all sales of lucky envelopes through the machine to be reconciled and accounted for; and (d) adequate locking devices to prevent vandalism, and the theft of lucky envelopes and money in the machine. 9A Declaration of approved evaluators Each entity mentioned in schedule 1A is declared to be an approved evaluator for section 100A of the Act. 10 Entities to whom information may be disclosed— Act , s 183 The entities prescribed for section 183(3)(a) of the Act are stated in schedule 1. 11 Fees (1) The fees payable under the Act are stated in section 11A and schedule 2. (2) A fee stated in schedule 2, item 5 may consist of, or include, an amount for part of an hour that is the equivalent of the relevant proportion of the hourly rate, stated in the schedule, worked out using 15-minute periods (wholly or partly completed). 11A Fee for particular investigations (1) This section applies to any of the following persons for whom the chief executive may undertake an investigation under the Act, section 48— (a) an applicant for a lucky envelope printer licence; (b) a business or executive associate of the applicant; (c) a management member of the applicant. (2) This section also applies to a person who is a business or executive associate of a lucky envelope printer licence holder for whom the chief executive may undertake an investigation under the Act, section 69(2). (3) The person must pay to the chief executive the reasonable costs of conducting the investigation. Examples of costs of conducting the investigation— • costs of outsourcing professional services, for example, legal or accounting services • internal costs, including staff costs • travel and accommodation costs incurred inside or outside the State or overseas 11AA Rounding of amounts expressed as numbers of fee units (1) This section applies for working out the amount of a fee expressed in this regulation as a number of fee units. (2) For the purpose of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded— (a) if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards); or (b) if the result is more than $1,000 but not more than $5,000—to the nearest dollar (rounding one-half upwards); or (c) if the result is more than $5,000 but not more than $100,000—to the nearest multiple of 10 dollars (rounding one-half upwards). Example for paragraph (a)— If a fee were 150 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 150 by $1.015 would be $152.25. Because $152.25 is halfway between $152.20 and $152.30, it is rounded upwards, so the amount of the fee would be $152.30. 11B How fee for investigation must be paid (1) This section applies in relation to a fee payable by a person (the relevant person) under section 11A for an investigation. (2) The chief executive may require, in writing, the relevant person to pay all or part of the fee in advance. (3) The chief executive may make the requirement before the investigation starts, and at any time during the investigation. (4) If the requirement is made before the investigation starts, the chief executive may decide not to start the investigation until the fee or part of the fee is paid. (5) If the requirement is made during the investigation, the fee or part of the fee must be paid within 28 days after the requirement is made. (6) The fee or part of the fee payable in advance must be— (a) an amount not more than the chief executive's estimate or latest estimate of the fee payable under section 11A; and (b) reduced by the amount, if any, already paid by the relevant person to the chief executive under this section in relation to the investigation. (7) As soon as reasonably practicable after the investigation is finished the chief executive must— (a) give the relevant person a written itemised account of the costs comprising the fee; and (b) either— (i) refund any overpayment to the relevant person; or (ii) require, in writing, the relevant person to pay to the chief executive, within 28 days after the requirement is made, the amount of any shortfall between the amount already paid by the relevant person under this section and the amount of the fee. (8) For subsection (7), an investigation is finished in relation to a relevant person if— (a) both of the following apply— (i) the chief executive considers the relevant person has failed to comply with a requirement made by the chief executive under the Act, section 70 in relation to the investigation; (ii) the chief executive considers the investigation is finished; or (b) the chief executive considers the investigation has been completed for the chief executive's purposes under the Act, section 69(2). (9) A relevant person given a requirement under subsection (2) or (7)(b)(ii) must comply with the requirement. (10) A failure by the chief executive to comply with subsection (7)(a) or (b) as soon as reasonably practicable after the investigation does not affect the recovery of the amount of any shortfall mentioned in subsection (7)(b)(ii). (11) In a proceeding to recover the amount of a shortfall mentioned in subsection (7)(b)(ii), a written itemised account of the costs given to the relevant person for the investigation under subsection (7)(a) is evidence of the costs. 12 Evaluation of regulated general gaming equipment— Act , s 99 (1) For section 99(1)(a) of the Act, an evaluation carried out by the chief executive may include 1 or more of the following types of evaluation— (a) basic evaluation; (b) intermediate evaluation; (c) advanced evaluation. (2) In this section and in schedule 2— advanced evaluation means an evaluation of any of the following things relating to regulated general gaming equipment— (a) communications protocols; (b) monitoring systems; (c) random number generators. basic evaluation means an evaluation of any of the following things relating to regulated general gaming equipment— (a) artwork; (b) cabinet design; (c) documentation, including for example, operational manuals. intermediate evaluation means an evaluation of any of the following things relating to regulated general gaming equipment— (a) hardware, other than hardware subject to basic evaluation; (b) software, other than software subject to advanced evaluation; (c) the mathematical treatise of the derivation of the theoretical return to a player. 13 Prohibition on certain advertisements An advertisement for a game must not state, suggest or imply that the game will be drawn under the supervision of— (a) the State; or (b) a representative of the State; or (c) a public service officer. 14 Players to have equal chance of winning prize (1) Each person who is issued with a ticket for a game must have a fair and equal chance of winning the major prize in the game when the game is drawn. (2) However, subsection (1) does not apply to the following games— (a) a lucky envelopes game; (b) a calcutta sweep as it relates to the auction held for the sweep; (c) a promotional game that allows for 1 round in which players are eliminated. 15 Refunds (1) This section applies if a person pays a fee to enter a game but the person is not issued with a ticket or the person's ticket for the game is not included in the draw. (2) The person conducting the game must refund the fee to the person as soon as practicable. 16 Tickets to be issued only if correct price paid (1) A ticket for a game may be issued to a player only if the player has paid the correct price for the ticket. (2) However, if the game has a series of draws over a period, a ticket may be issued to the player if the player has paid the amount that is enough to entitle the ticket to be entered in the next draw for the game. 17 Order in which prizes to be drawn (1) If more than 1 prize is offered in a game, the major prize must be drawn first and the other prizes drawn in descending order of the prize number and value. (2) However, subsection (1) does not apply if an alternative order of drawing is notified when tickets in the game are issued. (3) Also, subsection (1) does not apply to a game involving an instant result ticket. (4) In this section— instant result ticket means a ticket that the player immediately knows if the player has won a prize by scratching or doing something else to it. 18 Insurance for certain prizes An existing prize with a value of more than $5,000 must be insured against loss or damage for an amount equal to its current valuation for the period from when tickets for the game go on sale to the day the prize is given to the winner. 19 Prohibited prizes (1) The following must not be offered as a prize for a game— (a) for a lucky envelopes game played using a scratch and reveal lucky envelope ticket—more than $250 in cash; (b) for another lucky envelopes game—more than $500 in cash; (c) for a category 3 game—more than $100,000 in cash; (d) for a game other than a lucky envelopes game, a category 3 game or a promotional game—more than $25,000 in cash; (e) a tobacco product; (f) a weapon or ammunition; (g) a surgical procedure; (h) another item the sale or acquisition of which is restricted by legislation of the State or Commonwealth; (i) a ticket or other chance in a game that is not approved under a gaming Act. (2) Also, for a game other than a promotional game, alcohol must not be offered as a prize unless the alcohol has a retail value of $1,000 or less. (3) In this section— scratch and reveal lucky envelope ticket means a ticket which is scratched to reveal numbers, letters or symbols that may entitle the player to a prize. tobacco product see the Tobacco Advertising Prohibition Act 1992 (Cwlth), section 8. weapon see the Weapons Act 1990, schedule 2. 20 Designated day— Act , sch 2 For schedule 2 of the Act, definition designated day, paragraph (b)(ii), 11 November 2018 is prescribed. Schedule 1A Approved evaluators BMM Australia Pty Ltd ACN 084 016 044 ENEX Pty Ltd ACN 096 299 099 GTA Pty Ltd ACN 082 989 446 QALAB Pty Ltd ACN 136 553 832 Schedule 1 Entities Alberta Gaming, Liquor and Cannabis Commission, Canada Alcohol and Gaming Commission of Ontario, Canada Australian Border Force Australian Charities and Not-for-profits Commission (ACNC) Australian Communications and Media Authority (ACMA) Australian Competition and Consumer Commission Australian Crime Commission (commonly known as Australian Criminal Intelligence Commission) Australian Federal Police Australian Securities and Investments Commission Australian Security Intelligence Organisation Australian Taxation Office Australian Transaction Reports and Analysis Centre (AUSTRAC) Bureau of Gambling Control, Department of Justice, California Casino Control Commission, New Jersey Centrelink Commissioner, Consumer and Business Services, South Australia Commissioner for Fair Trading, Queensland Commissioner of State Revenue, Queensland Commissioner, Tasmanian Liquor and Gaming Commission Crime and Corruption Commission, Queensland Department of Home Affairs Department of Industry, Tourism and Trade (Liquor, Racing and Gaming), NT Department of Internal Affairs, New Zealand Department of Justice and Community Safety, Victoria Department of Local Government, Sport and Cultural Industries (Racing, Gaming & Liquor), Western Australia Department of Safety and Homeland Security, Delaware Department of Service Nova Scotia and Internal Services (Alcohol, Gaming, Fuel and Tobacco Division), Canada Department of Treasury and Finance, South Australia Department of Treasury and Finance, Tasmania Division of Gaming, Colorado Division of Gaming Enforcement, New Jersey Gambling and Racing Commission, ACT Gambling Commission, New Zealand Gambling Commission, UK Gambling Regulatory Authority of Singapore Gaming and Wagering Commission, Western Australia Gaming Board for the Bahamas Gaming Policy and Enforcement Branch, British Columbia Independent Liquor and Gaming Authority, NSW Indiana Gaming Commission, USA Japan Casino Regulatory Commission Liquor & Gaming NSW Lotteries Commission, South Australia Lotteries Commission, Western Australia Louisiana State Police Gaming Enforcement Division, USA Mississippi Gaming Commission, USA Missouri Gaming Commission, USA Missouri State Highway Patrol, USA Mpumalanga Economic Regulator, South Africa National Indian Gaming Commission, USA Nevada Gaming Commission, USA Nevada Gaming Control Board, USA New South Wales Crime Commission New South Wales Independent Casino Commission New South Wales Police Force New York State Police New Zealand Police Northern Territory Police Force Office of Racing Integrity, Tasmania Pueblo of Isleta Gaming Regulatory Agency, USA QCAT Queensland Police Service South Australia Police South Dakota Commission on Gaming, USA Tasmania Police The International Criminal Police Organization—Interpol Victorian Gambling and Casino Control Commission Victoria Police Western Australia Police Force Western Cape Gambling and Racing Board, South Africa WorkCover Queensland Schedule 2 Fees Fee units 1 Application for issue or renewal of bingo centre licence (Act, s 43) 338.40 2 Application for issue or renewal of category 3 gaming licence (Act, s 43) under which the applicant intends to conduct only 1 game if the highest estimated gross proceeds for the game are— (a) more than $50,000 but not more than $100,000 468.60 (b) more than $100,000 but not more than $500,000 936.90 (c) more than $500,000 1,874.00 3 Application for issue or renewal of category 3 gaming licence (Act, s 43) under which the applicant intends to conduct more than 1 game if the highest estimated gross proceeds for 1 game are— (a) more than $50,000 but not more than $100,000 936.90 (b) more than $100,000 but not more than $500,000 1,874.00 (c) more than $500,000 3,749.00 4 Application for issue or renewal of lucky envelope printer licence (Act, s 43) 4,692.00 5 Evaluation by the chief executive of regulated general gaming equipment (Act, s 99(2)(a)), for each hour, or part of an hour, involved in the following— (a) carrying out— (i) a basic evaluation 234.30 (ii) an intermediate evaluation 292.80 (iii) an advanced evaluation 344.80 (iv) administration for an evaluation 175.60 (b) giving advice for an evaluation 175.60 (c) holding a meeting for an evaluation 175.60 Note— See section 11(2) in relation to a fee for part of an hour.