NEW DEVELOPMENTS IN JURISDICTIONS: AUSTRALIA The NSW government has granted James Packer’s Crown Resorts a 99-year licence to operate a casino within its planned hotel development at Sydney’s prime Barangaroo South site, on the southern end of Sydney’s Harbour Bridge. It is scheduled to open in November 2019. The Changing Law and Regulatory Landscape in Australia By Tony Rein & Christopher Chang s mentioned in the Autumn 2013 (Volume 9 No.2) edition of the Casino • Intends to establish an industry advi - sory council, comprised of representa - Lawyer (page 18), Australia has in recent years set its focus on tives of gaming venues (including Atackling problem gambling on many fronts. Following the Autumn 2013 clubs, hotels and casinos); edition, the Liberal party was elected as the new Australian Federal Govern - ment (AFG) in place of the previous Labor government. • Supports targeted counselling and support services for problem gamblers at gaming venues; The AFG’s published policy to • Supports a national venue-based volun - assist problem gamblers, promote tary pre-commitment programme for • Supports the development of more responsible gambling, and properly reg - electronic gaming machines as part of a effective self-exclusion programmes; ulate the industry indicates that it: broader plan to assist problem gamblers; Continued on next page CASINO LAWYER • AUTUMN 2014 15 >> NEW DEVELOPMENTS IN JURISDICTIONS: AUSTRALIA • Measures requiring approved pre-com - mitment systems to be put in place and dynamic electronic warnings to be displayed on gaming machines that are made available for use on and after 31 December 2018; and • Measures providing for the National Gambling Regulator, supervisory levy and gaming machine regulation levy. In addition, provisions relating to the controversial mandatory pre-commitment scheme for gaming machines scheduled to be previewed in the Australian Capital Territory have also been repealed by the Artist rendering of Crown Resort’s VENUE BASED VOLUNTARY Amendment Act. Mandatory systems proposed $1.5 billion six star Crown PRE-COMMITMENT FOR require all people who use gaming Sydney Hotel Resort at Barangaroo, ELECTRONIC GAMING MACHINES machines to set a limit before they can Sydney, which will include a VIP gaming commence play. facility, has been given the green light The Federal Sphere The AFG however supports “volun - by the New South Wales government. Background tary pre-commitment on gaming machines in venues nationally” as part of its broader Various gambling reforms were introduced plan to encourage “responsible gambling by the former Labor government in 2012 by all g amblers,” notwithstanding the Continued from previous page via the National Gambling Reform Act above repeals. Voluntary pre-commitment 2012 (Cth) (NGA), as well as the National • Will investigate methods of strengthen - allows (rather than requires) a player of a Gambling Reform (Related Matters) Act ing the enforcement of the Interactive gaming machine to set a limit on the (No.1) 2012 (Cth), and the National Gambling Act 2001 (Cth) (IGA), which amount that the player is prepared to lose Gambling Reform (Related Matters) Act regulates online gambling in Australia; and assists the player to keep to the limit. (No. 2) 2012 (Cth) (Related Matters Acts). and Moving forwards, the Amendment Act in - Developments dicates that the AFG will work with the • Will legislate to control gambling adver - state and territory governments, the gam - Many of the measures introduced by the tising if current self-imposed industry ing industry, academics and the community Related Matters Acts have now been regulations prove ineffective. sector to develop a “realistic timetable” for repealed by the Social Services and Other implementing a voluntary pre-commit - Legislation Amendment Act 2014 (Cth) The Australian Communications and ment scheme. It will also develop a “real - (Amendment Act), which was assented to Media Authority (ACMA) is responsible istic timetable” for ensuring that all on 31 March 2014. These include the for investigating formal complaints made gaming machines are actually capable of following: under the IGA about the provision of supporting a venue based voluntary pre- prohibited Internet gambling content. • Measures requiring automatic teller commitment scheme in conjunction with Amendments to the IGA (and the Broad - machines on gaming premises (except the state and territory governments as well casting Services Act 1992 (Cth)) are pro - casinos) to prevent a person from with - as the gaming industry itself. Further, it posed by the Omnibus Repeal Day drawing more than $250 cash using any will work with the state and territory gov - (Autumn 2014) Bill 2014 which, in sum - one card in a twenty-four hour period; ern ments on the most appropriate way mary, propose to replace ACMA’s d uty to of administering the scheme. • Measures requiring manufacturers and investigate with general discretion. It Separately from the above develop - importers of gaming machines to ensure appears from the explanatory memoran - ments, various states and territories that such machines are capable of pro - dum to the bill that the rationale for these are already advanced in implementing viding for pre-commitment systems if amendments is that ACMA’s discretion such schemes. will allow it to focus its resources on com - they are manufactured or imported on or plaints of a more serious nature. after 31 December 2014; 16 CASINO LAWYER • AUTUMN 2014 State based developments • The ILGA is prohibited from authorising the The Gambling Regulation Amendment (Pre- keeping of any gaming machines on any prem - commit ment) Act 2014 (Victorian Act) received ises situated on the Barangaroo site outside the Royal Assent on 11 February 2014. Accordingly, gaming facility itself. This could be seen as both Victoria is the first Australian jurisdiction to leg - a restriction upon and a protection for Crown, islatively require voluntary pre-commitment tech - depending upon the ownership / leasing of the nology to be connected to gaming machines (from relevant site; 1 December 2015 subject to a direction by the Min - Tony Rein • The conduct or the playing of any game in the ister). The Victorian pre-commitment system will gaming facility is not lawful before 15 November also enable players to track their playing history Tony Rein is a corporate partner 2019; and spending over time. Venue operators will with twenty-three years be required to provide and maintain certain • Minimum bet limits will apply to any game in experience in the gaming player account equipment to facilitate the opera - the gaming facility (for example, $30 for bac - and leisure industry. He is a tion of the pre-commitment system at their venues. carat, $20 for blackjack, and $25 for roulette or recognised expert in the industry, It is also to be noted that other jurisdictions, such higher amount as may be determined by being ranked in Band such as Queensland and South Australia, have had the ILGA). These are designed to limit patron - 1 in Chambers Asia-Pacific. voluntary programs for gaming machines in place by age to premium or VIP customers and not mass Tony works in all sectors of the agreement with venue operators for some time now. market customers (although doubts have been industry with international and expressed in the media as to whether such lim - domestic clients, on the full NEW CASINOS its are high enough to deter local gamblers); and spectrum of matters, from Meanwhile in Sydney and in Queensland a num - regulatory and strategic advice • Only persons who, in accordance with the condi - ber of new casinos are on the horizon. work to the largest and most tions of the licence, are members or guests of the complex projects and Sydney, New South Wales gaming facility may participate in any gaming. transactions. He can be contacted Crown Resorts Limited’s proposed $1.5 billion six at [email protected] star Crown Sydney Hotel Resort at Barangaroo, It is noted that the Smoke-free Environment Sydney, which will include a VIP gaming facility, Act 2000 (NSW) will not apply to gaming areas has been given the green light by the New South in the facility; therefore smoking will be permitted. Wales gov ernment. T he Casino Control Amend - However, air quality equipment that is of an inter - ment (Barangaroo Restricted Gaming Facility) national best practice standard must be installed Act 2013 No. 100 (NSW) (Barangaroo Act) and must be tested quarterly with the results was enacted on 27 November 2013. The reported annually to the Minister of Health. Barangaroo Act provides that a restricted gam - Crown passed probity investigations in July ing licence may be granted to operate the 2014 and has been granted a ninety-nine year Barangaroo gaming facility and imposes various restricted gaming licence for Barangaroo by the restrictions on gaming at the facility. It also ILGA. The resort is still subject to planning makes related amendments to the Casino Control approval as well as the negotiation of final agree - Act 1992 (NSW) (CCA), the Gaming Machines ments with Lend Lease and the Barangaroo Act 2001 (NSW), and the Unlawful Gambling Delivery Authority (BDA). The BDA will over - Act 1998 (NSW). see the development and construction of the hotel and restricted gaming facility. The resort is The restrictions include: expected to open on or after 15 November 2019. • The gaming areas in the facility must not Queensland exceed twenty thousand square meters; The Queensland government is also offering up • The installation or use of “poker machines” (as to three new casino licences across the State, one defined in s.22A of the CCA) is not lawful in the in Brisbane and two other regional areas. Licences gaming facility. This does not include electronic are likely to only be offered as part of an inte - versions of traditional table games, multi- grated resort-style development. terminal games or multi-player games (such The Queensland Government has identified games must be approved by the Independent a shortlist of applicants and the successful appli - p Liquor and Gaming Authority (ILGA)).