Everyone working or operating a business in the gambling industry must follow the current laws about gambling. This includes out of state operators or providers that offer gambling services to Victorian residents.
The main obligations for operators and individuals licensed in Victoria are contained in the Gambling Regulation Act 2003(opens in a new window) (the Act) and the Gambling Regulations 2015(opens in a new window) (the Regulations).
There are further obligations created by Ministerial Directions and also rules made by the Commission (Rules) that operators and individuals licensed by the Victorian Gambling and Casino Control Commission (VGCCC) must also adhere to.
The VGCCC expects all industry participants to conduct themselves and operate in ways that go beyond strict legal obligations and take into account the social contract they have with Victorians.
The VGCCC is responsible for administering the Act, Regulations and other obligations.
Purposes and objectives of the Gambling Regulation Act 2003 and the Victorian Gambling and Casino Control Commission
Ensuring integrity and minimising harm are twin pillars of Victorian gambling regulation.
The following information sets out the purposes and obligations of the two main Acts of parliament that the VGCCC regulates.
Gambling Regulation Act 2003
The objectives of the Act are set out at section 1.1 and in summary, set out to:
- promote responsible gambling, to minimise harm caused by problem gambling and to accommodate those who gamble without harming themselves or others
- prevent minors from gambling
- ensure honesty and prevent criminal influence and exploitation in any type of equipment used to gamble and management of any operators
- support community and charitable gaming and eliminate practices that undermine public confidence in this area
- drive tourism, employment, and economic growth in the State.
Casino Control Act 1991
The objectives of the Casino Control Act 1991(opens in a new window) are set out at section 1 and in summary, set out to:
- ensure that the management and operation of casinos remains free from criminal influence and exploitation
- ensure gaming in casinos in conducted honestly
- promote tourism, employment, and economic development generally in Victoria.
Victorian Gambling and Casino Control Commission Act 2011 (VGCCC Act)
The VGCCC is a statutory body created by an Act of Parliament. This means that the Parliament of Victoria sets the purposes and objectives of the Commission through the VGCCC Act(opens in a new window).
The purposes of the VGCCC Act include to establish the VGCCC and to provide for the Commission's functions, powers and governance, including the conduct of investigations and inquiries by the VGCCC.
The objectives of the VGCCC are set out at section 8A of the VGCCC Act, and are to:
- license, supervise, and control gambling businesses and casinos to:
- prevent criminal influence and exploitation, through oversight
- ensure that gambling is conducted honestly
- reduce gambling harm experience by patrons and gambling businesses and casinos
- minimise gambling-related harm.
VGCCC position on gambling harm
In 2023, the VGCCC published its position statement on gambling harm. This statement takes into account the purposes and objectives of our governing legislation and makes a series of statements that inform our approach to regulation. This starts with accepting that gambling causes harm.
The VGCCC applies a harm minimisation lens over all functions it performs.
Gambling laws and regulations are updated regularly. For the most up-to-date versions of legislation and regulations, visit Victorian legislation(opens in a new window).
Access to cash in a gaming venue
The below rules apply to venue operators:
- In a gaming venue, EFTPOS facilities should not allow withdrawals over $500 on a single debit or credit card within 24 hours.
- Cash withdrawals from an EFTPOS facility are only allowed if it's operated by a venue employee, and the employee enters the amount.
- Cheque cashing services, including venue operators cashing cheques, are not allowed in gaming venues or on their property.
- If credits on a gaming machine go over $2,000, they cannot be paid out in cash. They must either be paid by cheque or through electronic funds transfer (EFT). The funds can only be available 24 hours after the transfer.
Advertising by betting companies
Companies providing betting services cannot display static betting advertisements in specific places. These include:
- within 150 metres of a school
- on public transport structures and vehicles like train stations, bus stops, trams, trains, ferries, buses, and taxis
- above or on public roads and related infrastructure.
Cashless gaming
Venue operators cannot use non-cash gaming tokens, or offer to boost their value, as a way to encourage people to gamble. This includes giving tokens:
- for free
- at a discount
- as part of a promotion.
People are not allowed to buy non-cash gaming tokens or increase their value using cash advances from credit accounts.
It's prohibited for anyone to influence or tempt someone to receive gaming machine winnings or credits through non-cash gaming tokens.
Entitlement framework, numbers and transfers
The maximum number of gaming machine entitlements a venue operator can hold is 840.
Venue operators are now allowed to transfer entitlements to other operators in exchange for payment. This includes a share of gaming revenue if it's approved by the VGCCC.
More detail about these entitlements, including the framework and taxes, can be found on the Department of Justice and Regulation’s website.
Paying out gaming machine winnings and credits
Gaming machine winnings of $2,000 or more must be paid out using either a cheque or EFT.
If paid via EFT, the winnings cannot be accessed for 24 hours. If this isn't possible, the payment must be made via cheque.
Activity statements
Loyalty scheme providers are only obligated to issue annual activity statements to people who have actively used a gaming machine under a loyalty scheme during the statement period.
People who haven't used a gaming machine under the loyalty scheme during the statement period won't receive activity statements unless they request one. The first requested statement is provided for free. Subsequent requests may incur a fee, capped at $20.
People who choose to collect their activity statements from a gaming venue must do so within one month of receiving notice about the statement's availability. If they fail to collect it within this period, the loyalty scheme provider must suspend them from the scheme until:
- the statement is collected
- they're removed from the scheme.
Responsible Gambling Codes of Conduct (Codes) and Self-Exclusion Programs (SEPs)
We don't need to approve Codes and SEPs, and venue operators don't have to send their yearly reviews of these to us. However, venue operators must still show these documents to our inspectors if asked.
The Minister for Consumer Affairs, Gaming, and Liquor Regulation can give directions about what should be in Codes and SEPs, including the:
- standards
- requirements
- monitoring
- reporting that venue operators must follow.
Read more in the Ministerial Direction regarding Responsible Gambling Codes of Conduct and Self-Exclusion Programs in No. S 430 Monday 17 September 2018(opens in a new window).
Standard conditions
The Minister can create standard rules (conditions) about entitlements, gaming machine monitoring and pre-commitment.
Paying out EGM winnings and accumulated credits
Accumulated credits on a gaming machine (EGM winnings) worth $2,000 or more must be paid out via cheque or Electronic Funds Transfer (EFT). EGM winnings of $2,000 or more paid via EFT must not be able to be accessed by the patron for 24 hours. If that is not possible, then payment must be made via cheque.
Cashless gaming
A venue operator must not:
- offer a non-cash gaming token as an inducement to gamble (for example, for free, discount or as part of a promotion)
- offer to increase the value of a non-cash gaming token as an inducement to gamble
- provide or allow another person to provide facilities by which a cash advance from a credit account can be used to obtain a non-cash gaming token or to increase the value of a non-cash gaming token.
Additionally, a person must not induce, or attempt to induce, a person to choose to have winnings paid out as or by way of a non-cash gaming token. There are also new powers to make regulations regarding the conduct of cashless gaming.
Club entitlements and assignment agreements
The maximum number of entitlements that can be held by a club venue operator increased from 420 to 840 on 22 January 2018. The amendments also allow a club venue operator (assignor) to assign entitlements to another club venue operator (assignee) for payment, including in exchange for a share of gaming revenue. Once an assignor assigns an entitlement, their approval to operate the gaming venue associated with the assigned entitlement is suspended.
Parties to an assignment agreement must apply to the VGCCC for their agreement to be registered. We must refuse to register an agreement if the conduct of gaming under the assigned entitlement by the assignee will contravene its venue operator’s licence, the assignee’s approval of premises as suitable for gaming, a provision of the Act, a geographic area or venue condition or a regional or municipal limit, etc. We also have the powers to deregister agreements.
The Minister for Consumer Affairs, Gaming and Liquor Regulation (Minister) will make rules regarding the assignment of entitlements and the process for the registration of agreements by us. While the provisions regarding the assignment of entitlements commenced on 20 December 2017, the Minister has not yet issued the assignment rules. Details on any rules issued by the Minister will be published on our website.
Access to cash in a gaming venue
In relation to gaming venues not on a racecourse:
- venue operators must only provide cash facilities that are either a compliant EFTPOS facility or an ATM approved by the VGCCC
- a compliant EFTPOS facility is one that does not allow a person to:
- obtain an amount of cash exceeding $200 per transaction
- obtain cash exceeding $500 on any one debit or credit card within 24 hours
- obtain a cash advance from a credit account.
- any ATM approved by the VGCCC will be subject to the same restrictions, where the default conditions of the approval include that the ATM must not allow a person to obtain an amount of cash exceeding $200 per transaction, must not allow a person to obtain cash exceeding $500 on any one debit or credit card within 24 hours and must not allow a person to obtain a cash advance from a credit account; and
- it will be an offence for a venue operator to allow a person to obtain cash from an EFTPOS facility unless the facility is operated by a person employed or engaged by the venue operator, including by entering the amount of funds to be obtained.
In relation to gaming venues on a racecourse:
Venue operators must not provide a cash facility other than a compliant EFTPOS facility within the gaming machine area (GMA) of the gaming venue or each area that is less than 50 metres walking distance away from an entrance to the gaming machine area (the applicable area).
A compliant EFTPOS facility is one that does not allow a person to:
- obtain an amount of cash exceeding $200 per transaction;
- obtain cash exceeding $500 on any one debit or credit card within 24 hours; and
- obtain a cash advance from a credit account.
It is an offence for a venue operator to allow a person to obtain cash from an EFTPOS facility unless the facility is operated by a person employed or engaged by the venue operator, including by entering the amount of funds to be obtained.
A cash facility that is provided in the approved gaming venue but is located outside the applicable area must not:
- allow a person to obtain an amount of cash exceeding $200 per transaction on any one debit or credit card; and
- must not allow a person to obtain a cash advance from a credit account.
Please note that the VGCCC (as in force on 21 February 2007) provide that an EFTPOS device or ATM must not be accessible by any person within the GMA of an approved venue (regardless of whether it is on a racecourse) for the purposes of withdrawing cash. This rule continues to apply.
Cashing of cheques
It is an offence for:
- a person (including a venue operator) to give to another person cash or other gaming token in exchange for a cheque at a gaming venue
- a venue operator to allow another person to give cash or other gaming token in exchange for a cheque at a gaming venue
- a person (including a venue operator) to publish or cause to be published at a gaming venue, any advertising for a cheque cashing service
- a venue operator to allow a person to publish or cause to be published at a gaming venue, any advertising for a cheque cashing service.
For the purposes of these offences, a gaming venue includes any land owned or leased by the venue operator on which the venue is located including any car park owned or occupied by the venue operator and used primarily by patrons.
Responsible Gambling Codes of Conduct (Codes) and Self-Exclusion Programs (SEPs)
The VGCCC is not required to approve Codes and SEPs. Instead, relevant persons (such as venue operators) must comply with directions issued by the Minister that prescribes the content, standards and requirements for Codes and SEPs. The VGCCC will advise industry whenever these directions are issued or amended. The VGCCC remains responsible for monitoring compliance with Codes and SEPs.
Conditions imposed on approvals of new premises as suitable for gaming and EGM increase applications
The VGCCC may approve applications for the approval of new premises as suitable for gaming and applications to increase the number of Electronic Gaming Machines (EGMs) at an existing gaming venue, where the approval does not take effect until certain conditions are met (for example, that an approval does not take effect until building works are completed at the premises).
If a new premises application is granted subject to a condition of this type:
- the applicant must comply with the condition within two years (or such longer time as specified by the VGCCC)
- the approval is automatically revoked if the applicant does not comply with the condition
- the approval is automatically revoked if the applicant loses its interest or relevant authorisation in the premises prior to complying with the condition.
In relation to EGM increase applications subject to this type of condition, where the venue operator fails to meet the condition, the VGCCC must reduce the number of EGMs permitted to operate to the level before the application was made.
Applicants seeking to extend the time for complying with these conditions, must apply to the VGCCC at least 60 days before the expiry of the time by which they must comply.
Payment of unpaid jackpots to Responsible Gambling Fund
A venue operator who ceases to hold a venue operator’s licence, EGM entitlements, or no longer operates jackpots must pay to the Responsible Gambling Fund any jackpot special prizes which have not been paid out.
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