§ 125 — Standards for licensees and class licensees, etc.

125.—(1) The Authority may —(a)

issue one or more standards applicable to licensees, class licensees or suppliers of gaming machines, or specified types of licensees, class licensees or suppliers of gaming machines;

(b)

approve as a standard applicable to licensees, class licensees or suppliers of gaming machines, or specified types of licensees, class licensees or suppliers of gaming machines, any document prepared by a person other than the Authority if the Authority considers the document as suitable for this purpose; or

(c)

amend or revoke any standard issued under paragraph (a) or approved under paragraph (b),

with respect to all or any of the matters in subsection (2) or (3), as the case may be.

(2) The matters for the purposes of subsection (1) include any matter that is necessary, expedient or conducive to the attainment or furtherance of the licensing objectives, such as any of the following:(a)

advertising and inducements to gamble related to a gambling service authorised by a licence or class licence;

(b)

measures directed towards ensuring the maintenance of public confidence in the integrity of, and keeping secure, the provision of a gambling service authorised by a licence or class licence;

(c)

responsible gambling;

(d)

operations of any gambling service provided, including internal controls and changes in management or key officers;

(e)

technical requirements for the proper functions and operating of gambling articles, gaming machines, peripheral equipment for gaming machines and requisite surveillance systems;

(f)

relating to the conduct of the employees of a licensee or class licensee and gambling service agents of a licensee;

(g)

measures to deal with customer complaints, and the processes to handle and dispose of such complaints.

(3) A standard may, in particular, specify the duties and obligations of any licensee, class licensee or supplier of gaming machines in relation to its business operation insofar as it relates to the provision of a gambling service authorised by its licence or class licence or the supply of gaming machines.

(4) If any provision in any standard is inconsistent with any provision of this Act, that provision, to the extent of the inconsistency —(a)

is to have effect subject to this Act; or

(b)

having regard to this Act, is not to have effect.

(5) Where a standard is issued, approved, amended or revoked by the Authority under subsection (1), the Authority must —(a)

give notice of the issue, approval, amendment or revocation (as the case may be) of the standard —(i)

to every licensee and supplier of gaming machines to whom the standard applies; and

(ii)

to every class licensee to whom the standard applies by publishing the notice on the prescribed website mentioned in section 61(3) or in one or more other forms that are readily accessible by the public;

(b)

specify in the notice mentioned in paragraph (a) the date of issue, approval, amendment or revocation, as the case may be; and

(c)

ensure that, so long as the standard remains in force, copies of that standard, and of all amendments to that standard, are available for inspection, free of charge, by the licensees, class licensees or suppliers of gaming machines to whom the standard applies.

(6) No standard, no amendment to an approved standard, and no revocation of any approved standard, has any force or effect as an approved standard until the notice relating thereto is given in accordance with subsection (5).

(7) A standard issued or approved under this section does not have legislative effect.

(8) Subject to subsection (9), every licensee, class licensee and supplier of gaming machines must comply with the standards applicable to the licensee, class licensee or supplier of gaming machines.

(9) The Authority may, for such time as the Authority may specify, waive the application of any standard or part of a standard, issued or approved under this section to any particular licensee, class licensee or supplier of gaming machines.

(10) In subsection (2)(b), “secure” means secure from loss, theft, sabotage or unauthorised access.

—(1) The Authority may —(a)

issue one or more standards applicable to licensees, class licensees or suppliers of gaming machines, or specified types of licensees, class licensees or suppliers of gaming machines;

(b)

approve as a standard applicable to licensees, class licensees or suppliers of gaming machines, or specified types of licensees, class licensees or suppliers of gaming machines, any document prepared by a person other than the Authority if the Authority considers the document as suitable for this purpose; or

(c)

amend or revoke any standard issued under paragraph (a) or approved under paragraph (b),

with respect to all or any of the matters in subsection (2) or (3), as the case may be.

(2) The matters for the purposes of subsection (1) include any matter that is necessary, expedient or conducive to the attainment or furtherance of the licensing objectives, such as any of the following:(a)

advertising and inducements to gamble related to a gambling service authorised by a licence or class licence;

(b)

measures directed towards ensuring the maintenance of public confidence in the integrity of, and keeping secure, the provision of a gambling service authorised by a licence or class licence;

(c)

responsible gambling;

(d)

operations of any gambling service provided, including internal controls and changes in management or key officers;

(e)

technical requirements for the proper functions and operating of gambling articles, gaming machines, peripheral equipment for gaming machines and requisite surveillance systems;

(f)

relating to the conduct of the employees of a licensee or class licensee and gambling service agents of a licensee;

(g)

measures to deal with customer complaints, and the processes to handle and dispose of such complaints.

(3) A standard may, in particular, specify the duties and obligations of any licensee, class licensee or supplier of gaming machines in relation to its business operation insofar as it relates to the provision of a gambling service authorised by its licence or class licence or the supply of gaming machines.

(4) If any provision in any standard is inconsistent with any provision of this Act, that provision, to the extent of the inconsistency —(a)

is to have effect subject to this Act; or

(b)

having regard to this Act, is not to have effect.

(5) Where a standard is issued, approved, amended or revoked by the Authority under subsection (1), the Authority must —(a)

give notice of the issue, approval, amendment or revocation (as the case may be) of the standard —(i)

to every licensee and supplier of gaming machines to whom the standard applies; and

(ii)

to every class licensee to whom the standard applies by publishing the notice on the prescribed website mentioned in section 61(3) or in one or more other forms that are readily accessible by the public;

(b)

specify in the notice mentioned in paragraph (a) the date of issue, approval, amendment or revocation, as the case may be; and

(c)

ensure that, so long as the standard remains in force, copies of that standard, and of all amendments to that standard, are available for inspection, free of charge, by the licensees, class licensees or suppliers of gaming machines to whom the standard applies.

(6) No standard, no amendment to an approved standard, and no revocation of any approved standard, has any force or effect as an approved standard until the notice relating thereto is given in accordance with subsection (5).

(7) A standard issued or approved under this section does not have legislative effect.

(8) Subject to subsection (9), every licensee, class licensee and supplier of gaming machines must comply with the standards applicable to the licensee, class licensee or supplier of gaming machines.

(9) The Authority may, for such time as the Authority may specify, waive the application of any standard or part of a standard, issued or approved under this section to any particular licensee, class licensee or supplier of gaming machines.

(10) In subsection (2)(b), “secure” means secure from loss, theft, sabotage or unauthorised access.