Australian Capital Territory
Gambling and Racing Control (Code of Practice) Regulation 2002    
SL2002-28
made under the
Gambling and Racing Control Act 1999
Republication No 10
Effective:  31 August 2015 – 4 November 2015
Republication date: 31 August 2015
Last amendment made by SL2015‑27

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Gambling and Racing Control (Code of Practice) Regulation 2002, made under the Gambling and Racing Control Act 1999 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 31 August 2015.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 31 August 2015.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Gambling and Racing Control (Code of Practice) Regulation 2002
made under the
Gambling and Racing Control Act 1999
    
Contents
	Page
Part 1	Preliminary
	1	Name of regulation	2
	3	Dictionary	2
	4	Notes	2
	5	Meaning of licensee	2
Part 2	Code of practice
Division 2.1	General
	6	Code of practice	4
	7	Offences under pt 2	4
Division 2.2	Conduct of gambling
	8	Licensees obligations generally	5
	9	Approved training programs	5
Division 2.3	Problem gambling
	10	Recording problem gambling incidents	6
	11	Gambling facility to have gambling contact officer	7
	12	Dealing with people with gambling problem	7
Division 2.4	Exclusion from gambling
	13	Application of div 2.4	8
	14	Deeds of exclusion	8
	15	Exclusion of people at risk or excluded under deed	8
	16	Commission’s review of exclusion decision	9
	17	Review by ACAT of commission’s decision under s 16	10
	18	Compliance with decision to revoke or amend	10
	19	Exclusion procedures	10
	20	Exclusion register	11
	20A	Exclusion register—offences	13
	21	Accounts of certain excluded people	14
	22	Promotional material not to be sent to certain excluded people	14
Division 2.5	Financial controls and gambling environment
	23	Other cash payment limits	14
	24	Directions about information, clocks and lighting	15
Division 2.6	Advertising, promotions and inducements
	25	Directions about advertising, promotions and inducements	15
Part 3	Miscellaneous
	26	Reasonable excuse available as defence	16
Schedule 1	Code of practice	17
Part 1.1	Key concepts	17
	1.1	Meaning of licensee	17
	1.2	Meaning of gambling problem	18
Part 1.2	Conduct of gambling	19
Division 1.2.1	General	19
	1.3	Licensees obligations generally	19
	1.4	Staff care and training	19
	1.5	Exemptions in relation to approved training courses	21
Division 1.2.2	Problem gambling	21
	1.6	Problem gambling incident register	21
	1.6A	Recording problem gambling incidents	22
	1.7	Gambling beyond means	24
	1.8	Help in relation to gambling problems	24
	1.9	Gambling contact officers	24
	1.10	Gambling contact officers functions	25
	1.11	Dealing with people with gambling problem	26
Division 1.2.3	Exclusion from gambling generally	27
	1.12	Application of div 1.2.3	27
	1.13	Deeds of exclusion	28
	1.13A	Deeds of exclusion—revocation	30
	1.14	Exclusion of people at risk or excluded under deed	30
	1.15	Matters to which licensee to have regard when deciding whether to exclude	31
	1.16	Commission’s review of exclusion decisions	31
	1.17	Exclusion procedures	32
	1.18	Licensee must keep deeds and notices of exclusion	32
	1.19	Accounts of excluded people	32
	1.20	Promotional material not to be given to certain excluded people	33
Part 1.3	Financial controls and gambling environment	34
	1.21	Cash facilities	34
	1.22	Cash payment limits for casino licensees	34
	1.23	Other cash payment limits	35
	1.23AA	No winnings for excluded or underage patrons	36
	1.23A	Non-cash payment of winnings	37
	1.24	Cheques	37
	1.25	Availability of information	37
	1.26	Clocks and lighting	39
	1.27	Directions about information, clocks and lighting	40
	1.27A	Alcohol service prohibited while gambling	40
	1.27B	Operating times of gaming machines	40
Part 1.4	Advertising, promotions and inducements	41
	1.28	Advertising	41
	1.29	Advertising requirements	42
	1.30	Promotions and inducements	42
	1.30A	Gaming machine promotions—alternative ways to participate	45
	1.30B	Personally-addressed promotional material	45
	1.31	Directions about advertising, promotions and inducements	46
Dictionary		47
Endnotes
	1	About the endnotes	49
	2	Abbreviation key	49
	3	Legislation history	50
	4	Amendment history	52
	5	Earlier republications	56

Australian Capital Territory
Gambling and Racing Control (Code of Practice) Regulation 2002     

made under the
Gambling and Racing Control Act 1999

    

  

Part 1	Preliminary
    
1	Name of regulation
This regulation is the Gambling and Racing Control (Code of Practice) Regulation 2002.
3	Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1	The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.
	For example, the signpost definition ‘exempt lottery—see the Lotteries Act 1964, dictionary.’ means that the term ‘exempt lottery’ is defined in that dictionary and the definition applies to this regulation.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Notes
A note included in this regulation is explanatory and is not part of this regulation.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5	Meaning of licensee
In this regulation:
licensee, of a gambling facility, means—
	(a)	a gaming machine licensee; or
Note	Gaming machine licensee is defined in the dictionary.
	(b)	a casino licensee; or
Note	Casino licensee is defined in the dictionary.
	(c)	a licensed provider under the Interactive Gambling Act 1998; or
	(d)	the holder of a race bookmaking licence, a race bookmaker’s agent licence, a sports bookmaking licence or a sports bookmaker’s agent licence under the Race and Sports Bookmaking Act 2001; or
	(e)	a licensee of a totalisator under the Totalisator Act 2014; or
	(f)	anyone authorised to conduct a lottery, scheme or competition under the Lotteries Act 1964 or the Pool Betting Act 1964, other than—
	(i)	a calcutta sweepstake; or
	(ii)	a trade promotion, other than a trade promotion that involves gambling, in which participants are given free entry to a contest that promotes a trade or business and involves an element of chance in the allocation of the prize; or
	(iii)	a raffle; or
	(iv)	a progressive lottery or silver circle involving a number of draws on different days, including tipping competitions, in which regular or different prizes are drawn; or
	(v)	an exempt lottery other than housie.
Note 1	Exempt lottery is defined in the dictionary.
Note 2	Licensee is defined in the same terms in the code of practice, s 1.1.

Part 2	Code of practice
Division 2.1	General
6	Code of practice
The code of practice in schedule 1 applies to licensees.
7	Offences under pt 2
A person may be prosecuted under this part for an offence only if the person is someone mentioned in section 5, definition of licensee, paragraph (f).
Note	The penalties set out in this part apply only in relation to the licensees mentioned in this definition.  If 1 of the following licensees contravenes the code of practice, the Act under which the person is licensed or is a licensed provider deals with the disciplinary action that may be taken against the person for the contravention:
·	a casino licensee
·	a gaming machine licensee
·	a licensed provider under the Interactive Gambling Act 1998
·	a totalisator licensee
·	the holder of a licence under the Race and Sports Bookmaking Act 2001.
Division 2.2	Conduct of gambling
8	Licensees obligations generally
	(1)	A licensee commits an offence if the licensee contravenes the code of practice, section 1.3 (2) (which is about false or misleading information).
Maximum penalty:  10 penalty units.
	(2)	An offence against this section is an offence of strict liability.
Note	Reasonable excuse is available as a defence to a prosecution under this section, see s 26.
9	Approved training programs
	(1)	A person may apply to the commission for approval of a training program about the responsible provision of gambling services.
Note	If a form is approved under the Act, s 53D for this provision, the form must be used.
	(2)	The commission may approve a training program (an approved training program) if satisfied that the program content is relevant, sufficiently comprehensive, accurate and up-to-date.
Note	The power to make an instrument includes the power to amend or repeal the instrument.  The power to amend or repeal the instrument is exercisable in the same way, and subject to the same conditions, as the power to make the instrument (see Legislation Act, s 46).
	(3)	An approval is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(4)	If the commission revokes an approval, the commission must give a reviewable decision notice setting out the reasons for the revocation to any person whose interests are affected by the decision.
Note	The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
	(5)	A person whose interests are affected by a decision of the commission to revoke approval of an approved training course may apply to the ACAT for review of the decision.
Note	If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for this provision, the form must be used.
Division 2.3	Problem gambling 
10	Recording problem gambling incidents
	(1)	A licensee commits an offence if, when asked by the commission, the licensee fails to make available for inspection by the commission a record of problem gambling incidents kept by the licensee under the code of practice.
Maximum penalty:  10 penalty units.
	(2)	A licensee commits an offence if the licensee contravenes the code of practice, section 1.6A (4) (Recording problem gambling incidents).
Maximum penalty: 10 penalty units.
	(3)	An offence against this section is an offence of strict liability.
Note	Reasonable excuse is available as a defence to a prosecution under this section, see s 26.
11	Gambling facility to have gambling contact officer
	(1)	The licensee of a gambling facility commits an offence if the licensee contravenes the code of practice, section 1.9 (1) (Gambling contact officers).
Maximum penalty:  10 penalty units.
	(2)	The licensee of a gambling facility must, as soon as practicable, give the commission—
	(a)	the name and address of each gambling contact officer for the facility; and
	(b)	if a detail given under paragraph (a) changes—details of the change.
Maximum penalty:  10 penalty units.
	(3)	An offence against this section is an offence of strict liability.
Note	Reasonable excuse is available as a defence to a prosecution under this section, see s 26.
12	Dealing with people with gambling problem 
	(1)	A gambling contact officer commits an offence if the gambling contact officer contravenes the code of practice, section 1.11 (2) or (3) (which is about problem gamblers).
Maximum penalty:  10 penalty units.
	(2)	An offence against this section is an offence of strict liability.
Note	Reasonable excuse is available as a defence to a prosecution under this section, see s 26.
Division 2.4	Exclusion from gambling
13	Application of div 2.4
	(1)	This division does not apply to someone mentioned in section 5, definition of licensee, paragraph (f).
	(2)	Also, this division, other than section 15 (1) (Exclusion of people at risk or excluded under deed), section 21 (Accounts of certain excluded people), and section 22 (Promotional material not to be sent to certain excluded people), does not apply to a licensed provider under the Interactive Gambling Act 1998.
Note	The Interactive Gambling Act 1998 contains provisions about excluded or disqualified people.
14	Deeds of exclusion 
	(1)	A licensee commits an offence if the licensee contravenes the code of practice, section 1.13 (Deeds of exclusion).
Maximum penalty:  10 penalty units.
	(2)	An offence against this section is an offence of strict liability.
Note	Reasonable excuse is available as a defence to a prosecution under this section, see s 26.
15	Exclusion of people at risk or excluded under deed
	(1)	The licensee of a gambling facility commits an offence if the licensee contravenes the code of practice, section 1.14.
Maximum penalty:  10 penalty units.
	(2)	The licensee of a gambling facility must not use more force, or subject someone to greater indignity, than is necessary and reasonable to exclude the person from gambling at the facility.
	(3)	An offence against this section is an offence of strict liability.
Note	Reasonable excuse is available as a defence to a prosecution under this section, see s 26.
16	Commission’s review of exclusion decision
	(1)	A person aggrieved by a licensee’s decision under the code of practice, section 1.14 (1) (Exclusion of people at risk or excluded under deed) may apply, in writing, to the commission for review of the decision.
	(2)	To review the decision, the commission must—
	(a)	give the licensee a written notice telling the licensee that the licensee may, within 2 weeks beginning the day after the day the licensee receives the notice, give a written response to the commission about the matters in the notice; and
	(b)	have regard to any response given by the licensee to the commission within the 2 weeks.
	(3)	The commission must, by written notice, confirm, revoke or amend the licensee’s decision, having regard to the matters mentioned in the code of practice, section 1.15 (Matters to which licensee to have regard when deciding whether to exclude). 
	(4)	The notice under subsection (3) must be in the form of a reviewable decision notice.
Note 1	The commission must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2	The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
17	Review by ACAT of commission’s decision under s 16
A person whose interests are affected by a decision by the commission to confirm, revoke or amend the licensee’s decision may apply to the ACAT for review of the decision.
Note	If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.
18	Compliance with decision to revoke or amend
	(1)	If the commission revokes or amends a licensee’s decision to exclude a person from gambling, the commission may direct the licensee to give effect to the commission’s decision.
	(2)	The licensee commits an offence if the licensee fails to comply with the direction.
Maximum penalty:  10 penalty units.
	(3)	An offence against this section is an offence of strict liability.
Note	Reasonable excuse is available as a defence to a prosecution under this section, see s 26.
19	Exclusion procedures
	(1)	The licensee of a gambling facility commits an offence if the licensee contravenes the code of practice, section 1.17 (1) (which is about preparing procedures to deal with exclusions).
Maximum penalty:  10 penalty units.
	(2)	The commission may give written directions under the code of practice, section 1.17—
	(a)	to the licensee of a gambling facility about the kind of procedures for the facility for dealing with people to be excluded from gambling at the facility; and
	(b)	to the licensee, a staff member and anyone else involved in the exclusion of a person from the facility under this regulation, about the written procedures to ensure compliance with the procedures.
	(3)	A person commits an offence if the person fails to comply with a direction of the commission given under the code of practice, section 1.17.
Maximum penalty:  10 penalty units.
	(4)	An offence against this section is an offence of strict liability.
Note	Reasonable excuse is available as a defence to a prosecution under this section, see s 26.
20	Exclusion register
	(1)	The commission must establish a register (an exclusion register) of people who are excluded from gambling at a gambling facility under the code of practice, division 1.2.3 (Exclusion from gambling generally).
Note	A licensee must exclude a person from gambling at a gambling facility if a deed or notice of exclusion applies to the person (see sch 1, s 1.13 and s 1.14).
	(2)	The exclusion register may be kept electronically.
	(3)	The exclusion register must include the following for each person excluded from gambling at a gambling facility:
	(a)	sufficient particulars to identify the person;
Examples
1	the person’s name and address
2	an image of the person’s face or a description of the person
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(b)	each gambling facility from which the person is excluded;
	(c)	the period of the exclusion from each gambling facility from which the person is excluded;
	(d)	for any deed or notice of exclusion applying to the person—
	(i)	a copy of the deed or notice; and
	(ii)	if a deed or notice of exclusion applied to the person in the 7 years before the day the current deed or notice of exclusion was entered into or given—a copy of the previous deed or notice.
	(4)	The commission or an approved person may—
	(a)	access the exclusion register; and
	(b)	add a person’s name to the exclusion register; and
	(c)	amend particulars of a person registered in the exclusion register.
	(5)	The commission may also— 
	(a)	correct the exclusion register; and
	(b)	delete a person’s name from the exclusion register.
	(6)	In this section:
approved person means—
	(a)	a licensee of a gambling facility; or
	(b)	someone else approved by the commission.
20A	Exclusion register—offences
	(1)	A licensee of a gambling facility commits an offence if—
	(a)	the licensee fails to comply with the code of practice, section 1.13 (6) (Deeds of exclusion) or section 1.14 (2) (b) or (c) (Exclusion of people at risk or excluded under deed); or
	(b)	the licensee fails to look at the exclusion register within 3 consecutive trading days after the receipt of a written notification from the commission or an approved person of—
	(i)	the inclusion of the matters mentioned in section 20 (3) on the exclusion register; or
	(ii)	a change to the exclusion register made under section 20 (4) (b) or (c) or section 20 (5).
Maximum penalty: 10 penalty units.
	(2)	A person commits an offence if—
	(a)	the person—
	(i)	accesses the exclusion register; or
	(ii)	adds to, or deletes from, the exclusion register a person’s name; or
	(iii)	amends a person’s particulars on the exclusion register; and
	(b)	the person is not authorised under section 20 (4) or (5) to do so.
Maximum penalty: 10 penalty units.
	(3)	Strict liability applies to subsection (2) (b).
	(4)	In this section:
approved person—see section 20 (6) (Exclusion register).
21	Accounts of certain excluded people
	(1)	A licensee commits an offence if the licensee contravenes the code of practice, section 1.19 (which is about not allowing others to use excluded people’s accounts).
Maximum penalty:  10 penalty units.
	(2)	An offence against this section is an offence of strict liability.
Note	Reasonable excuse is available as a defence to a prosecution under this section, see s 26.
22	Promotional material not to be sent to certain excluded people
	(1)	A licensee commits an offence if the licensee contravenes the code of practice, section 1.20.
Maximum penalty:  10 penalty units.
	(2)	An offence against this section is an offence of strict liability.
Note	Reasonable excuse is available as a defence to a prosecution under this section, see s 26.
Division 2.5	Financial controls and gambling environment
23	Other cash payment limits
	(1)	A licensee, other than a casino licensee, commits an offence if the licensee contravenes the code of practice, section 1.23.
Maximum penalty:  10 penalty units.
	(2)	An offence against this section is an offence of strict liability.
Note	Reasonable excuse is available as a defence to a prosecution under this section, see s 26.
24	Directions about information, clocks and lighting
	(1)	The licensee commits an offence if the licensee contravenes the code of practice, section 1.27 (2) (which is about compliance with the commission’s directions).
Maximum penalty:  10 penalty units.
	(2)	An offence against this section is an offence of strict liability.
Note	Reasonable excuse is available as a defence to a prosecution under this section, see s 26.
Division 2.6	Advertising, promotions and inducements
25	Directions about advertising, promotions and inducements
	(1)	The licensee commits an offence if the licensee contravenes the code of practice, section 1.31 (2) (which is about compliance with the commission’s directions).
Maximum penalty:  10 penalty units.
	(2)	An offence against this section is an offence of strict liability.
Note	Reasonable excuse is available as a defence to a prosecution under this section, see s 26.

Part 3	Miscellaneous
    
26	Reasonable excuse available as defence
The defence of reasonable excuse is available for each offence against this regulation that is an offence of strict liability.

Schedule 1	Code of practice
(see s 6)
Part 1.1	Key concepts
1.1	Meaning of licensee
In this code of practice:
licensee means—
	(a)	a gaming machine licensee; or
Note	Gaming machine licensee is defined in the dictionary.
	(b)	a casino licensee; or
Note	Casino licensee is defined in the Casino Control Act 2006, dictionary.
	(c)	a licensed provider under the Interactive Gambling Act 1998; or
	(d)	the holder of a race bookmaking licence, a race bookmaker’s agent licence, a sports bookmaking licence or a sports bookmaker’s agent licence under the Race and Sports Bookmaking Act 2001; or
	(e)	a licensee of a totalisator under the Totalisator Act 2014; or
	(f)	anyone authorised to conduct a lottery, scheme or competition under the Lotteries Act 1964 or the Pool Betting Act 1964, other than—
	(i)	a calcutta sweepstake; or
	(ii)	a trade promotion, other than a trade promotion that involves gambling, in which participants are given free entry to a contest that promotes a trade or business and involves an element of chance in the allocation of the prize; or
	(iii)	a raffle; or
	(iv)	a progressive lottery or silver circle involving a number of draws on different days, including tipping competitions, in which regular or different prizes are drawn; or
	(v)	an exempt lottery other than housie.
Note	Exempt lottery is defined in the dictionary.
1.2	Meaning of gambling problem
	(1)	For this code of practice, a person has a gambling problem if the person has difficulty limiting the amount of money or time spent on gambling and this leads to adverse consequences for the person or another person.
	(2)	Also, a person is taken to have a gambling problem, if the person engages in any of the following behaviour: 
	(a)	seeking credit for gambling unless authorised under a gaming law;
	(b)	seeking to borrow or scavenge for money to gamble;
	(c)	seeking assistance or advice about controlling the person’s gambling;
	(d)	admitting to borrowing or stealing money to gamble.

Part 1.2	Conduct of gambling
Division 1.2.1	General 
1.3	Licensees obligations generally
	(1)	A licensee of a gambling facility must conduct the facility honestly, responsibly and in accordance with this code of practice.
	(2)	A licensee of a gambling facility must not give or make available to patrons information about gambling or gambling facilities that is false or misleading. 
	(3)	A casino licensee or gaming machine licensee must not allow a person (the gambler) to use the licensee’s facility for gambling if the gambler—
	(a)	appears not to fully understand the nature or consequences of gambling generally, or a particular gambling activity, and the potential for financial loss; or
	(b)	appears to be intoxicated or under the influence of a drug to an extent that the gambler could not reasonably be expected to exercise rational judgment while gambling.
1.4	Staff care and training
	(1)	The licensee of a gambling facility must ensure that—
	(a)	each staff member who is directly involved in providing gambling services to patrons and each person who supervises the staff members—
	(i)	has successfully completed an approved training program within the previous 3 years; and
	(ii)	does not take part, or allow anyone else to take part on their behalf, in a gambling activity at the facility except as part of the member’s duty; and
	(b)	each staff member is aware of his or her obligations under this code of practice.
	(2)	However, a licensee of a totalisator under the Totalisator Act 2014 and someone mentioned in section 1.1, definition of licensee, paragraph (f), need only ensure that the person in charge of each gambling facility—
	(a)	has successfully completed an approved training program within the previous 3 years; and
	(b)	does not take part, or allow anyone else to take part on their behalf, in a gambling activity at the facility except as part of the person’s duty; and
	(c)	is made aware of his or her obligations under this code of practice.
	(3)	The person in charge mentioned in subsection (2) must take all reasonable steps to ensure that—
	(a)	each staff member who is directly involved in providing gambling services to patrons and each person who supervises the staff members—
	(i)	has successfully completed an approved training program within the previous 3 years; and
	(ii)	does not take part, or allow anyone else to take part on their behalf, in a gambling activity at the facility except as part of the member’s duty; and
	(b)	each staff member is made aware of his or her obligations under this code of practice; and
	(c)	if the person will be absent from the facility for longer than 1 week—the licensee is told who will be in charge of the facility during the person’s absence.
	(4)	For subsection (1) (a) (ii), (2) (b) and (3) (a) (ii), staff member, of a gambling facility, includes—
	(a)	a person who is a full-time, part-time or casual staff member of the facility; and
	(b)	anyone who has worked in the facility in any other capacity within the previous 7 days.
Examples—par (b)
	1	an approved technician
	2	a person who provides housie services under contract to the patrons of the licensee
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
1.5	Exemptions in relation to approved training courses
The commission may, in writing, given to the licensee of a gambling facility, exempt the licensee or person in charge of the facility from the requirement to comply with section 1.4 (1) (a) (i), (2) (a) or (3) (a) (i) during a stated time, or in stated circumstances.
Division 1.2.2	Problem gambling
1.6	Problem gambling incident register
	(1)	The commission must establish a register (a problem gambling incident register) of problem gambling incidents.
	(2)	The register may be kept electronically.
1.6A	Recording problem gambling incidents
	(1)	A licensee of a gambling facility must keep a record of the following incidents (a problem gambling incident):
	(a)	anyone who shows signs of having a gambling problem when—
	(i)	in the gambling facility; or
	(ii)	dealing with the licensee; 
	(b)	any action taken by the licensee in relation to the person.
Examples—signs that person has gambling problem
1	admitting being unable to stop gambling or to gamble within the person’s means
2	expressing concern about the amount of time or money the person spends on gambling
3	acknowledging the person spends on gambling money needed for day-to-day living expenses, including for dependents
4	having a disagreement with a family member or friend about the person’s gambling behaviour
5	making multiple ATM cash withdrawals in the gambling facility
Example—par (a) (ii)
contacting staff in the gambling facility by phone or email
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	The record—
	(a)	for a prescribed licensee—must be kept on the problem gambling incident register; or
	(b)	for any other licensee—must be in writing.
Note	A licensee commits an offence if the licensee fails to make a record available for inspection when asked by the commission (see s 10).
	(3)	The record must include the following particulars:
	(a)	the date and nature of the problem gambling incident;
	(b)	the name and address (if known), or description, of the person involved in the incident; 
	(c)	if any action was taken by the licensee in relation to the person—the following details:
	(i)	the action taken;
	(ii)	the names of the individuals who took the action;
	(iii)	any related action taken by someone else of which the licensee is aware.
Examples—subpar (iii)
1	police arrest and charge the person for an offence relating to the problem gambling incident
2	the person has been excluded from gambling at another gambling facility
	(4)	A licensee must, within 3 consecutive trading days after becoming aware of a problem gambling incident—
	(a)	for a prescribed licensee—record the incident in the problem gambling incident register; or
	(b)	for any other licensee—make a written record of the incident.
	(5)	In this section:
prescribed licensee means—
	(a)	a gaming machine licensee; and
	(b)	a casino licensee; and
	(c)	a totalisator licensee.
problem gambling incident register—see section 1.6. 
1.7	Gambling beyond means
A licensee of a gambling facility must not encourage a person to gamble beyond the person’s means.
1.8	Help in relation to gambling problems 
If the licensee of a gambling facility is asked by a person in the facility about problem gambling, the licensee must take reasonable steps to give the person advice or information about counselling and advisory services available from support agencies.
1.9	Gambling contact officers
	(1)	A licensee of a gambling facility must not conduct gambling at the facility unless at least 1 gambling contact officer has been appointed for the facility.
	(2)	A gambling contact officer for the facility may be the licensee or a person appointed by the licensee.
	(3)	A person is eligible to be appointed as a gambling contact officer by the licensee only if the person has successfully completed an approved training program within the previous 3 years.
Note	Approved training program—see the dictionary.
	(4)	To remain eligible for appointment, a gambling contact officer must successfully complete an approved GCO training session in each year of the officer’s appointment.
	(5)	The commission may exempt a gambling contact officer, in writing, from complying with subsection (3) or (4).
	(6)	An exemption may be conditional.
	(7)	In this section:
approved GCO training session means a training session approved by the commission for gambling contact officers about problem or responsible gambling.
Examples—training sessions
·	conferences
·	seminars
·	online courses
·	lectures
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
1.10	Gambling contact officers functions
	(1)	A gambling contact officer for a gambling facility has the following functions (as well as the functions under section 1.11):
	(a)	to give the people about whom a report under section 1.11 is made help to obtain information and counselling about problem gambling;
	(b)	if a complaint is made to the officer about problem gambling at the facility—
	(i)	to record details of the complaint and any action taken; and
	(ii)	to tell the complainant about any action taken or that action was not taken and the reasons why; and
	(iii)	to tell the complainant that a complaint can be made to the commission; 
	(c)	to report to the licensee about any complaints made to the officer about problem gambling at the facility; 
	(d)	to ensure, as far as possible, that there is no unauthorised or inappropriate disclosure of personal information obtained or kept under this code of practice.
	(2)	A gambling contact officer has any other function given to the gambling contact officer under this code of practice.
Note 1	The commission can investigate complaints about noncompliance with a gaming law (see Act, s 31).  
Note 2	A complaint to the commission could include a complaint about a gambling contact officer.
1.11	Dealing with people with gambling problem
	(1)	The licensee of a gambling facility must ensure the gambling contact officer for the facility is told about—
	(a)	any person in the facility whom the licensee or a staff member has reasonable grounds for believing has a gambling problem; and
	(b)	the details of the person’s behaviour that led to the belief.
	(2)	The gambling contact officer must keep a register of—
	(a)	the name or a description of each person about whom the officer has been told under subsection (1); and
	(b)	details given to the officer under that subsection; and
	(c)	the name or a description of each person (other than someone mentioned in subsection (1) (a)) whom the officer has reasonable grounds for believing has a gambling problem; and
	(d)	details of the person’s behaviour that led to the gambling contact officer’s belief.
	(3)	The gambling contact officer must take reasonable steps, in relation to a person mentioned in subsection (2) (a) and (c), to—
	(a)	discuss the possible gambling problem with the person as soon as possible; and
	(b)	give the person advice or information about—
	(i)	counselling and advisory services available from support agencies; and
	(ii)	any other appropriate action that may be taken by the person, including the opportunity to sign a deed of exclusion to ensure the person’s exclusion from gambling at the facility.
Division 1.2.3	Exclusion from gambling generally
1.12	Application of div 1.2.3
	(1)	This division does not apply to someone mentioned in section 1.1, definition of licensee, paragraph (f).
	(2)	Also, this division, other than section 1.14 (1) (Exclusion of people at risk or excluded under deed), section 1.19 (Accounts of certain excluded people), and section 1.20 (Promotional material not to be given to certain excluded people), does not apply to a licensed provider under the Interactive Gambling Act 1998.
Note	The Interactive Gambling Act 1998 contains provisions about excluded or disqualified people.
1.13	Deeds of exclusion
	(1)	A person claiming to have a gambling problem (the gambler) may sign a deed (a deed of exclusion) under which the person can be excluded from gambling at the gambling facility or facilities stated in the deed.
Note	If a form is approved under the Act, s 53D for this provision, the form must be used.
	(2)	The deed must state—
	(a)	the name of each gambling facility (the nominated facility) from which the gambler wishes to be excluded from gambling; and 
	(b)	the period for which the gambler is to be excluded from the nominated facility (the exclusion period); and
	(c)	that in the exclusion period the licensee of the nominated facility may—
	(i)	remove the gambler from, or prevent the gambler from entering, the gaming area or gambling facility; or
	(ii)	otherwise exclude the gambler from participating in gambling activities at the facility.
Example—subpar (ii)
The XYZ Sports Club has a gaming area, bistro area and other facilities for use by its members. Kenny has entered into a deed of exclusion under which he agrees to be excluded from gambling at the gambling facility. The licensee of the gambling facility allows Kenny to enter the facility to use the bistro but does not allow Kenny to enter the gaming area.
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	For subsection (2) (b), the exclusion period must be at least 6 months, but not longer than 3 years.
	(4)	If the gambler wants the deed to apply to the gambler, then the gambler must give the signed deed to 1 of the following (the receiver):
	(a)	the licensee of a facility stated in the deed;
	(b)	the commission;
	(c)	someone else approved by the commission.
	(5)	If the receiver is given a signed deed under subsection (4), the receiver must—
	(a)	immediately sign the deed; or
	(b)	if the deed is incomplete—
	(i)	ask the gambler, not more than 1 day after receiving the signed deed, to do whatever is necessary to complete the deed; and
	(ii)	sign the deed immediately after the gambler completes the deed.
	(6)	The receiver must, not more than 3 consecutive trading days after receiving the completed signed deed—
	(a)	give a copy of the signed deed to the gambler; and
	(b)	include the matters mentioned in section 20 (3) (Exclusion register) on the exclusion register; and
	(c)	tell each of the following that the matters mentioned in section 20 (3) have been included on the exclusion register:
	(i)	the licensee of each facility mentioned in the deed;
	(ii)	if the receiver is not the commission—the commission.
1.13A	Deeds of exclusion—revocation
	(1)	This section applies if a person has signed a deed of exclusion under section 1.13.
	(2)	The person may revoke the person’s deed of exclusion before the end of the exclusion period.
Note	If a form is approved under the Act, s 53D for this provision, the form must be used.
	(3)	The exclusion period ends on the first business day 7 days after the day the commission receives written notice from the person of the revocation, unless the person withdraws the revocation before that day.
	(4)	In this section:
exclusion period—see section 1.13 (2) (b).
1.14	Exclusion of people at risk or excluded under deed
	(1)	The licensee of a gambling facility must exclude a person from gambling at the facility if the licensee has reasonable grounds for believing that—
	(a)	the welfare of the person, or any of the person’s dependants, is seriously at risk because of the person’s gambling problem; or
	(b)	the person is someone to whom a deed applies.
	(2)	If a person is excluded under subsection (1) (a) the licensee must—
	(a)	give the person a notice (a notice of exclusion) stating—
	(i)	sufficient particulars to identify the person; and
	(ii)	each gambling facility from which the person is excluded from gambling; and
	(iii)	the period of the exclusion from each gambling facility from which the person is excluded from gambling; and
	(iv)	the reasons for the exclusion; and
Note	If a form is approved under the Act, s 53D for this provision, the form must be used.
	(b)	include the matters mentioned in section 20 (3) (Exclusion register) on the exclusion register; and
	(c)	tell each of the following that the matters mentioned in section 20 (3) have been included on the exclusion register:
	(i)	the licensee of each facility mentioned in the deed;
	(ii)	the commission.
1.15	Matters to which licensee to have regard when deciding whether to exclude 
	(1)	A decision by a licensee to exclude a person under section 1.14 (1) (a) must be reasonable in the circumstances.
	(2)	In making the decision, the licensee must have regard to whether the exclusion—
	(a)	is necessary to protect the welfare of the person, or any of the person’s dependants, from risk in relation to the person’s gambling problem; and
	(b)	is in the public interest, particularly having regard to the social and economic costs of problem gambling.
1.16	Commission’s review of exclusion decisions
A person aggrieved by a licensee’s decision under section 1.14 (Exclusion of people at risk or excluded under deed) may apply, in writing, to the commission for a review of the decision.
Note	Application may be made to the ACAT for review of a decision by the commission under this regulation to confirm, revoke or amend the licensee’s decision.
1.17	Exclusion procedures
	(1)	The licensee of a gambling facility must prepare written procedures dealing with how people are to be excluded from gambling at the facility.
	(2)	A person must comply with any written direction in relation to procedures given to the person by the commission under this section.
	(3)	The procedures must be written as clearly and simply as possible to promote understanding by people using them.
	(4)	The licensee of a gambling facility must ensure that staff members whose functions include the exclusion of a person under this code of practice are competent to exercise the function.
1.18	Licensee must keep deeds and notices of exclusion
	(1)	A licensee of a gambling facility must keep—
	(a)	the original of each deed of exclusion received by the licensee for 7 years from the day the deed is received; and
	(b)	a copy of each notice of exclusion given by the licensee for 7 years from the day the notice is given.
	(2)	The licensee must, if requested by the commission—
	(a)	allow the commission to inspect the deeds and notices; or
	(b)	give the commission a copy of a deed or notice.
1.19	Accounts of excluded people
If a person who holds an account with a licensee is excluded by the licensee under this division, the licensee must not allow someone else to use the person’s account.
1.20	Promotional material not to be given to certain excluded people
	(1)	The licensee of a gambling facility must not give any information or promotional material about gambling at the facility directly to a person excluded by the licensee under this division.
Examples
1	information or promotional material given by personally addressed mail or email
2	information or promotional material given personally to the person or left with someone to be given personally to the person 
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	For subsection (1), information or promotional material is not given directly to a person only because it is broadcast or made available to the public generally.
Examples
1	information or promotional material given by television or radio broadcasts
2	information or promotional material given by websites accessible to anyone
3	information or promotional material given by letterbox drops that are not personally addressed

Part 1.3	Financial controls and gambling environment
    
1.21	Cash facilities
	(1)	This section applies to a casino licensee.
	(2)	The licensee of a gambling facility to whom this section applies must ensure that a cash facility is not located in a gaming area of the facility. 
	(3)	In this section:
cash facility means—
	(a)	an automatic teller machine; or
	(b)	an EFTPOS facility.
1.22	Cash payment limits for casino licensees
	(1)	A casino licensee must not pay to a gambling patron winnings in cash of more than $25 000 in any gaming day.
Example
A gambling patron in a casino wins $30 000, and at 10 pm on Wednesday the casino pays the person $25 000 in cash and the balance of $5 000 by cheque or electronic funds transfer.  The casino must not make any further cash payments to the person until the casino re-opens to the general public at 12 noon on Thursday.
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	To remove any doubt, subsection (1) does not prevent the payment of winnings, in excess of $25 000, in any other way.
	(3)	Subsection (1) does not apply to the payment of winnings to a person participating in a commission-based player scheme.
	(4)	In this section:
commission-based player scheme—see the Casino Control Act 2006, dictionary.
gaming day means—
	(a)	the period from when the casino opens to the public on a day until it next closes; but
	(b)	if the casino is open to the public for longer than 24 hours continuously—
	(i)	each 24-hour period for which it is open to the public; and
	(ii)	if the last period before it closes is less than 24 hours—that period.
1.23	Other cash payment limits
	(1)	A licensee must not, for a particular event or contingency on which a gambling patron has staked or risked money, pay the patron winnings in cash that are more than the amount worked out under table 1.23.
	Table 1.23
column 1
item	column 2
type of licensee	column 3
maximum cash payable	
1	bookmaker	$25 000	
2	totalisator 	$25 000	
3	lotteries	$5 000	
4	keno	$5 000	
5	trackside	$5 000	
6	gaming machine	$1 500	
7	housie	$1 250	
Example
A gambling patron wins $30 000 on a totalisator on race 3 Flemington Racecourse. The person must not be paid more than $25 000 in cash and must be paid any balance by cheque or electronic funds transfer. However, the person can be paid winnings in cash of not more than $25 000 if the person wins on a subsequent race.
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	To remove any doubt, subsection (1) does not prevent the payment of winnings, in excess of the maximum amount payable in cash, in any other way.
	(3)	A gaming machine licensee must pay a gambling patron winnings from a gaming machine by cheque or electronic funds transfer if—
	(a)	the winnings are more than $300; and
	(b)	the patron has requested the winnings be paid by cheque or electronic funds transfer.
1.23AA	No winnings for excluded or underage patrons
	(1)	A licensee of a gambling facility must not knowingly pay winnings to a person who—
	(a)	has been excluded from gambling under section 1.14 (Exclusion of people at risk or excluded under deed); or
	(b)	is under 18 years old.
	(2)	The licensee must keep any winnings of a person mentioned in subsection (1) and distribute them to other patrons of the facility in a way approved in writing by the commission.
1.23A	Non-cash payment of winnings
	(1)	Winnings to be paid otherwise than in cash must be paid by the licensee as soon as practicable but within 3 days after the day of the winning event or contingency.
	(2)	This section does not apply to a licensee mentioned in section 1.1, definition of licensee, paragraph (f).
1.24	Cheques
	(1)	This section applies to a gaming machine licensee.
	(2)	The licensee of a gambling facility to whom this section applies must not—
	(a)	cash a cheque within a gaming area of the facility; or
	(b)	allow a person to buy back or redeem a previously cashed personal cheque.
	(3)	The licensee of a gambling facility to whom this section applies must not—
	(a)	cash a patron’s personal cheque for more than $250 on any day unless the person has made arrangements with the licensee on a previous day; or
	(b)	cash a cheque of any other kind for the patron.
1.25	Availability of information
	(1)	The licensee of a gambling facility must display in each gaming area of the facility signs to the effect that people under 18 years old, and intoxicated people, are not allowed to gamble.
	(2)	Each sign must be prominently displayed and able to be readily read.
	(3)	A licensee of a gambling facility must make available at the facility, in a conspicuous way, information that—
	(a)	tells people about each of the following:
	(i)	restrictions (if any) on cashing cheques;
	(ii)	gambling limits (if any) at the facility;
	(iii)	the chances of winning major prizes;
	(iv)	the support services available to gamblers;
	(v)	the use of a deed of exclusion by a person who has a gambling problem, particularly—
	(A)	the availability and effect of a deed; and
	(B)	the confidentiality of a deed; and
	(C)	who may be given a copy of a deed;
	(vi)	the use of a notice of exclusion by the licensee in relation to a person who has a gambling problem;
	(vii)	the exclusion register; and
	(b)	tells people where each of the following can be found at the gambling facility:
	(i)	a copy of the rules for each kind of gambling offered by the licensee; 
	(ii)	information about programs for exclusion from gambling; 
	(iii)	a gambling contact officer for the facility;
	(iv)	a copy of the Gambling and Racing Control (Code of Practice) Regulation 2002 or this code of practice;
	(v)	information about counselling services available in the ACT for problem gamblers; and
	(c)	for a gaming machine licensee—tells people that winnings from a gaming machine must be paid by cheque or electronic funds transfer if—
	(i)	the winnings are more than $300; and
	(ii)	the patron has requested the winnings be paid by cheque or electronic funds transfer.
	(4)	If asked for information about the availability of interpreter services to patrons at a gambling facility, the licensee for the facility must give the information. 
	(5)	This section is subject to section 1.27 (Directions about information, clocks and lighting).
1.26	Clocks and lighting
	(1)	This section applies to—
	(a)	a casino licensee; and
	(b)	a gaming machine licensee.
	(2)	The licensee of a gambling facility must prominently display the correct time in the facility.
	(3)	The licensee of a gambling facility must ensure that lighting in the facility is adequate to allow clocks and signs required to be displayed under this code of practice to be clearly visible to people in the facility.
	(4)	This section is subject to section 1.27.
1.27	Directions about information, clocks and lighting
	(1)	The commission may give written directions to the licensee of a gambling facility to ensure compliance with section 1.25 (Availability of information) or section 1.26.
	(2)	If the commission gives a direction to the licensee, the licensee must comply with the direction.
1.27A	Alcohol service prohibited while gambling
A gaming machine licensee must not serve alcohol to a patron of the facility while the patron is—
	(a)	playing a gaming machine; or
	(b)	sitting at or standing by a gaming machine.
1.27B	Operating times of gaming machines
A gaming machine licensee must not operate a gaming machine between 4 am and 9 am.

Part 1.4	Advertising, promotions and inducements
1.28	Advertising
	(1)	The licensee of a gambling facility must not publish advertising that—
	(a)	encourages anyone to contravene a gaming law; or
	(b)	shows people under 25 years old gambling; or
	(c)	encourages people under 18 years old to gamble, or targets them; or
	(d)	is false or misleading, particularly about the chances of winning or the expected return to a gambler; or
	(e)	suggests that gambling is a form of financial investment; or
	(f)	suggests that skill can influence games that are games of chance; or
	(g)	shows or promotes the consumption of alcohol while gambling.
	(2)	This section is subject to section 1.31 (Directions about advertising, promotions and inducements).
1.29	Advertising requirements
	(1)	This section does not apply to someone mentioned in section 1.1, definition of licensee, paragraph (f).
	(2)	The licensee of a gambling facility must not publish gambling advertising in relation to the facility unless it contains, or is published near, the name and telephone number of an approved gambling counselling service in the ACT.
	(3)	This section is subject to section 1.31 (Directions about advertising, promotions and inducements).
1.30	Promotions and inducements
	(1)	The licensee of a gambling facility must not—
	(a)	conduct a promotion that requires or encourages people to gamble at the facility for a minimum period of time to qualify for rewards;
	(b)	conduct a promotion that requires or encourages people to gamble a minimum amount to qualify for rewards; or
	(c)	conduct a promotion for or including gambling at the facility that includes an offer of free or discounted alcohol.
	(2)	Subsection (1) (b) does not apply to—
	(a)	the promotion of a commission-based player scheme under the Casino Control Act 2006; or
	(b)	a player reward scheme that is advertised only within the gambling facility or directly to members of the facility; or
	(c)	someone mentioned in section 1.1, definition of licensee, paragraph (f); or
	(d)	a promotion that requires or encourages the single lowest available bet on a gambling activity unless the bet is combined with, or required to be made in addition to, any other bet.
Examples—par (d)
	1	The requirement to have a single unit on a boxed trifecta could be used as an entry to a promotion as this is the lowest available bet on this wager.
	2	The requirement to have 3 betting tickets for a win cannot be used as an entry requirement into a promotion as this requires the combination of bets.
	3	The requirement to have a win bet ticket, regardless of the amount of the bet, can be used as an entry into a promotion as it does not require a particular size of bet above the minimum.
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	A gaming machine licensee must not—
	(a)	conduct a promotion or offer an inducement that encourages people to increase their intensity of betting at the facility; or
Examples—increased intensity of betting
1	increasing the amount of money spent on betting at the facility in a particular period of time
2	increasing the amount of each individual bet made at the facility
	(b)	induce people to gamble at the licensee’s facility by offering—
	(i)	free or discounted alcohol; or
	(ii)	cash, or free or discounted gambling credits, unless the offer of cash or credits is made to all patrons of the facility all of the time as part of the facility’s usual or regular prize schedule.
	(4)	The licensee of a gambling facility must ensure that promotional material relating to gambling at the facility—
	(a)	contains the rules and conditions of the promotion; or
	(b)	states where at the facility the rules and conditions of the promotion can be inspected. 
	(5)	The licensee of a gambling facility must make the rules and conditions of the promotion available for inspection at the facility.
	(6)	A sports bookmaking licensee must not induce people to open a bookmaking customer deposit account.
Example
offering free or discounted gambling credits
	(7)	If a person wishes to redeem points under a player reward scheme conducted by—
	(a)	a gaming machine licensee or a casino licensee at a gambling facility and the licensee offers gambling credits, the licensee must offer the person rewards or benefits other than gambling credits for the points; or
	(b)	a gaming machine licensee at a gambling facility, the licensee must not offer a reward or benefit to the person if the value of the reward or benefit is more than $1000.
	(8)	For subsection (7) (b), if a reward or benefit is made up of 2 or more parts, the value of the reward or benefit is the total value of all the parts.
	(9)	In this section:
player reward scheme, at a gambling facility includes a player loyalty scheme, and means a scheme in which a patron of the facility—
	(a)	earns points by participating in an activity at the facility; and
	(b)	may redeem the points for a reward or benefit.
	(10)	This section is subject to section 1.31.
1.30A	Gaming machine promotions—alternative ways to participate
	(1)	This section applies to a promotion conducted at a gambling facility that a patron of the facility may take part in by playing a gaming machine.
	(2)	The licensee of the gambling facility must ensure that there is at least 1 other way a patron of the facility may take part in the promotion. 
Examples
1	entry to the facility
2	buying food or drink at the facility
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
1.30B	Personally-addressed promotional material
	(1)	This section applies to the following licensees:
	(a)	a gaming machine licensee;
	(b)	a casino licensee;
	(c)	a totalisator licensee;
	(d)	a sports bookmaking licensee.
	(2)	A patron of a gambling facility may, in writing, ask the licensee of the facility to not send the patron promotional material.
	(3)	The patron may, in writing, revoke the patron’s request under subsection (2) at any time.
	(4)	If a patron makes a request under subsection (2), and does not revoke the request under subsection (3), the licensee must not send any promotional material to the patron that is personally-addressed to the patron.
1.31	Directions about advertising, promotions and inducements
	(1)	The commission may give written directions to a licensee of a gambling facility to ensure compliance with section 1.28 (Advertising), section 1.29 (Advertising requirements) , section 1.30 (Promotions and inducements), section 1.30A (Gaming machine promotions—alternative ways to participate) and section 1.30B (Personally-addressed promotional material).
	(2)	If the commission gives a direction to the licensee, the licensee must comply with the direction.

Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this regulation.
Note 2	For example, the Legislation Act, dict, pt 1 defines the following terms: 
·	ACAT
·	amend
·	contravene
·	reviewable decision notice.
Note 3	Terms used in this regulation have the same meaning that they have in the Gambling and Racing Control Act 1999 (see Legislation Act, s 148.)  For example, the following terms are defined in the Gambling and Racing Control Act 1999, s 3:
·	casino
·	commission
·	gaming law.
approved means approved by the commission.
approved training program means a training program approved under section 9 (Approved training programs).
casino licensee—see the Casino Control Act 2006, dictionary. 
code of practice means the code of practice in schedule 1.
deed of exclusion—see section 1.13 (Deeds of exclusion).
exclusion register—see section 20 (Exclusion register).
exempt lottery—see the Lotteries Act 1964, dictionary.
gambling means gaming or betting under a gaming law.
gambling contact officer, for a gambling facility, means a person whose details are given to the commission under section 11 (Gambling facility to have gambling contact officer).
gambling facility, of a licensee, means each place used by the licensee to conduct gambling under the licence.
gambling problem—see the code of practice, section 1.2.
gaming area means the part of a gaming facility—
	(a)	approved under a gaming law for the conduct of gambling; or
	(b)	where gambling takes place.
gaming machine licensee means the holder of a licence under the Gaming Machine Act 2004.
licensee—see section 5.
notice of exclusion—see section 1.14 (2) (a) (Exclusion of people at risk or excluded under deed). 
staff member, for a gambling facility, means a member of the staff of the facility. 
sports bookmaking licensee means the holder of a sports bookmaking licence under the Race and Sports Bookmaking Act 2001.
totalisator licensee means a licensee under the Totalisator Act 2014. 
trading day, for a licensee of a gambling facility, means a day when the licensee is open for business.
winnings, from a gaming machine, includes all accumulated credits on the machine (whether the credits were added by machine play or by a person adding credits to the machine).

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	

3	Legislation history
This regulation was originally the Gambling and Racing Control (Code of Practice) Regulations 2002 (No 1).  It was renamed under the Legislation Act 2001.
Gambling and Racing Control (Code of Practice) Regulation 2002 SL2002-28
notified LR 16 October 2002
s 1, s 2 commenced 16 October 2002 (LA s 75 (1))
s 9, s 11 (3), s 19, sch 1 s 1.4, sch 1 s 1.17, sch 1 s 1.25, sch 1 s 1.26 commenced 1 May 2003 (s 2 (1))
remainder commenced 1 December 2002 (s 2 (2))
as amended by
Gambling and Racing Control (Code of Practice) Amendment Regulations 2004 (No 1) SL2004-31
notified LR 2 August 2004
s 1, s 2 commenced 2 August 2004 (LA s 75 (1))
remainder commenced 1 October 2004 (s 2 and CN2004-15)
Casino Control Act 2006 A2006-2 sch 1 pt 1.2
notified LR 22 February 2006
s 1, s 2 commenced 22 February 2006 (LA s 75 (1))
sch 1 pt 1.2 commenced 1 May 2006 (s 2 and CN2006-6)
Statute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.17
notified LR 20 June 2007
s 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))
sch 3 pt 3.17 commenced 11 July 2007 (s 2 (1))
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.46
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.46 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Totalisator Act 2014 A2014-4 sch 2 pt 2.2
notified LR 26 March 2014
s 1, s 2 commenced 26 March 2014 (LA s 75 (1))
sch 2 pt 2.2 commenced 27 March 2014 (s 2)
Gambling and Racing Control (Code of Practice) Amendment Regulation 2014 (No 1) SL2014-17
notified LR 28 July 2014
s 1, s 2 commenced 28 July 2014 (LA s 75 (1))
remainder commenced 1 August 2014 (s 2 and CN2014-11)
Gaming Legislation Amendment Regulation 2015 (No 1) SL2015‑27 pt 2
notified LR 24 August 2015
s 1, s 2 commenced 24 August 2015 (LA s 75 (1))
pt 2 commenced 31 August 2015 (s 2 and see Gaming Machine (Reform) Amendment Act 2015 A2015-21, s 2 and CN2015-18)

4	Amendment history
Name of regulation
s 1	am R1 LA; R4 LA
Commencement
s 2	om LA s 89 (4)
Dictionary
s 3	am SL2004‑31 s 4; A2007‑16 amdt 3.66
Meaning of licensee
s 5	am SL2004‑31 ss 5-7; A2014‑4 amdt 2.3
Offences under pt 2
s 7	am A2014‑4 amdt 2.4; pars renum R8 LA; SL2014‑17 s 4, s 5
Licensees obligations generally
s 8	am SL2004‑31 s 8; ss renum R3 LA (see SL2004‑31 s 8); SL2014‑17 s 39
Approved training programs
s 9	sub SL2014‑17 s 6
Recording problem gambling incidents
s 10	am SL2014‑17 s 7, s 39; ss renum R9 LA
Gambling facility to have gambling contact officer
s 11	am SL2004‑31 s 10, s 11; ss renum R3 LA (see SL2004‑31 s 12); SL2014‑17 s 39
Dealing with people with gambling problem
s 12	am SL2014‑17 s 39
Application of div 2.4
s 13	am A2006‑2 amdt 1.5
Deeds of exclusion
s 14	am SL2004‑31 s 13
Exclusion of people at risk or excluded under deed
s 15	am SL2014‑17 s 39
Commission’s review of exclusion decision
s 16	am A2008‑37 amdt 1.207
Review by ACAT of commission’s decision under s 16
s 17	sub A2008‑37 amdt 1.208
Compliance with decision to revoke or amend
s 18	am SL2014‑17 s 39
Exclusion procedures
s 19	am SL2014‑17 s 39
Exclusion register
s 20	sub SL2014‑17 s 8
Exclusion register—offences
s 20A	ins SL2014‑17 s 8
Directions about information, clocks and lighting
s 24	am SL2014‑17 s 39
Directions about advertising, promotions and inducements
s 25	am SL2014‑17 s 39
Code of practice
sch 1	ss renum R4 LA
Meaning of licensee
sch 1 s 1.1	am SL2004‑31 ss 14-16; A2006‑2 amdt 1.6; A2014‑4 amdt 2.5
Meaning of gambling problem
sch 1 s 1.2	am SL2014‑17 s 9
Staff care and training
sch 1 s 1.4	am SL2004‑31 ss 17-21; A2014‑4 amdt 2.6; SL2014‑17 s 10
Problem gambling incident register
sch 1 s 1.6	sub SL2014‑17 s 11
Recording problem gambling incidents
sch 1 s 1.6A	ins SL2014‑17 s 11
Gambling contact officers
sch 1 s 1.9	sub SL2004‑31 s 22
	am SL2014‑17 s 12
Gambling contact officers functions
sch 1 s 1.10	am SL2014‑17 s 13; pars renum R9 LA
Dealing with people with gambling problem
sch 1 s 1.11	am SL2014‑17 s 14
Application of div 1.2.3
sch 1 s 1.12	am A2006‑2 amdt 1.7
Deeds of exclusion
sch 1 s 1.13	sub SL2004‑31 s 23; SL2014‑17 s 15
Deeds of exclusion—revocation
sch 1 s 1.13A	ins SL2014‑17 s 15
Exclusion of people at risk or excluded under deed
sch 1 s 1.14	am SL2014‑17 s 16, s 17
Matters to which licensee to have regard when deciding whether to exclude
sch 1 s 1.15	am SL2004‑31 s 24
Commission’s review of exclusion decisions
sch 1 s 1.16	am A2008‑37 amdt 1.209
Exclusion procedures
sch 1 s 1.17	am SL2014‑17 s 18; ss renum R9 LA
Licensee must keep deeds and notices of exclusion
sch 1 s 1.18	sub SL2014‑17 s 19
Accounts of excluded people
sch 1 s 1.19	sub A2006‑2 amdt 1.8
Promotional material not to be given to certain excluded people
sch 1 s 1.20	sub SL2004‑31 s 25
	am A2006‑2 amdt 1.9
Cash payment limits for casino licensees
sch 1 s 1.22	sub SL2004‑31 s 26
	am A2006‑2 amdt 1.10; SL2014‑17 ss 20-22
Other cash payment limits
sch 1 s 1.23	sub SL2004‑31 s 27
	am A2014‑4 amdt 2.7; SL2014‑17 ss 23-25; ss renum R9 LA
No winnings for excluded or underage patrons
sch 1 s 1.23AA	ins SL2014‑17 s 26
Non-cash payment of winnings
sch 1 s 1.23A	ins SL2004‑31 s 28
Availability of information
sch 1 s 1.25	am SL2014‑17 s 27, s 28
Alcohol service prohibited while gambling
sch 1 s 1.27A	ins SL2014‑17 s 29
Operating times of gaming machines
sch 1 s 1.27B	ins SL2015‑27 s 4
Advertising
sch 1 s 1.28	am SL2004‑31 s 29, s 30
Promotions and inducements
sch 1 s 1.30	am SL2004‑31 ss 31-34; A2006‑2 amdt 1.11; SL2014‑17 ss 30‑33; pars and ss renum R9 LA
Gaming machine promotions—alternative ways to participate
sch 1 s 1.30A	ins SL2014‑17 s 34
Personally-addressed promotional material
sch 1 s 1.30B	ins SL2014‑17 s 34
Directions about advertising, promotions and inducements
sch 1 s 1.31	am SL2014‑17 s 35
Dictionary
dict	am SL2004‑31 s 35; A2008‑37 amdt 1.210; amdt 1.211
	def approved training program am SL2014‑17 s 36
	def casino licensee sub A2006‑2 amdt 1.12
	def deed om SL2014‑17 s 37
	def deed of exclusion ins SL2014‑17 s 38
	def exclusion register ins SL2014‑17 s 38
	def exempt lottery ins SL2004‑31 s 36
	sub A2007‑16 amdt 3.67
	def notice of exclusion ins SL2014‑17 s 38
	def private lottery om SL2004‑31 s 37
	def sports bookmaking licensee ins SL2014‑17 s 38
	def totalisator licensee ins SL2014‑17 s 38
	def trading day ins SL2014‑17 s 38
	def winnings ins SL2014‑17 s 38

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	not amended	1 December 2002	
2	not amended	1 May 2003	
3	SL2004‑31	1 October 2004	
4	SL2004‑31	4 November 2004	
5	A2006‑2	1 May 2006	
6	A2007‑16	11 July 2007	
7	A2008‑37	2 February 2009	
8	A2014‑4 	27 March 2014	
9	SL2014-17	1 August 2014	

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