Victorian Parliament has recently passed amendments to the state’s gaming and liquor Acts that will affect gaming operators and licensed venues.
The Gambling and Liquor Legislation Amendment Act 2022 will soon change specific laws regarding gaming, and also amends the Liquor Control Reform Act 1998.
Passed 23 June, key amendments include:
- Clarity around laws regarding payouts via electronic funds transfer (EFT)
When venues pay electronic gaming machine (EGM) winnings of or above $2,000 to a player via EFT, the operator is required to not transfer funds until 24 hours after the time the player makes the request, as opposed to funds being not available until 24 hours after the transfer.
2. Changed requirements relating to paying unpaid jackpot funds for linked jackpot arrangements
3. Changed requirements on when a permit is required to conduct a raffle; now only required if the total value of the raffle prize is above $20k – up from $5k
4. Clarification that bingo, fundraising events and lucky envelopes cannot be conducted online
5. Extension of the timeframe when unclaimed prizes must be transferred to the Treasurer – increased to 12 months, up from six months
6. Ensuring agents of a wagering and betting licensee are subject to the offence provision relating to allowing minors to gamble, in accordance with the Gambling Regulation Act 2003
In terms of the requirements for operators paying out accumulated credits, the Gambling Regulation Act 2003 states operators must (at patron request) pay out gaming machine credits by cheque not payable to cash, or by electronic funds transfer. (Penalty: 60 penalty units.)
If at least $2,000 is to be transferred by EFT, the funds must not be available to the person for 24 hours after the transfer, now clarified to mean the operator must not transfer the funds for this time. (Penalty: 60 penalty units.)
However, the requirement does not apply to an operator who does not have the facilities to pay by EFT, and there is no requirement that venue operators must offer an EFT facility.
There are clear legislative requirements regarding EFTPOS facilities, when relating to cash for the purposes of gaming, as per the Commission Rules in force since 2007:
- Automatic teller machines (ATM) and EFTPOS devices must not be accessible by persons in the gaming machine area
- Cash must not be provided to a patron through a credit card or charge card transaction for the purposes of gaming
Any EFTPOS facility must also:
- Allow no more than $500 to be withdrawn from any one card within a 24-hour period
- Allow no more than $200 to be withdrawn in any one transaction on any card
- Not allow cash advances from a credit account
In addition, the venue operator must ensure EFTPOS facilities are operated by a person employed or engaged by the venue and that a person is not able to obtain cash themselves.
The Victorian Gambling and Casino Control Commission (VGCCC) provides more information on the changes to gambling laws HERE.
The changes have not yet come into effect, and the Commission says further information on commencement will be forthcoming.
