In South Australia, electronic gaming machines are only permitted in licensed premises, in gaming areas that are not available to minors. However, community concerns have been raised about some arcade games that are available to minors yet may be considered to be similar to gaming machines.
Some arcade games are very similar to gaming machines. There are community concerns that some arcade games are:
- offering unlawful gaming to the public;
- inappropriate for minors; and
- a pathway to problem gambling behaviour.
A consultation paper on instruments of unlawful gaming was released in March 2011 to arrive at a clearer definition of games that should be prohibited. A prohibition under Section 59A of the Lottery and Gaming Act 1936 was proposed. Section 59A provides the Governor with the power to declare any machine, article or thing to be an instrument of unlawful gaming.
The main objective of a declaration of an instrument of unlawful gaming would be the protection of minors from being exposed to ‘soft’ gambling. A secondary objective would be clearer guidance to industry on what is prohibited.
It was not intended to prohibit all forms of arcade and other games, only those which could be considered ‘soft’ gambling and are therefore inappropriate for minors.
Submissions to the consultation paper were received from:
- The Hon Robert Brokenshire MLC, Family First supported the proposed prohibition of arcade games that are similar to gaming machines.
- The National Amusement Machines Operators Association (NAMOA) proposed industry self-regulation based on the maximum prize value.
- TopGun International was concerned about the impact on business if arcade amusement games were prohibited, and advised that its machines are purely skill-based.
The Government considers that, if it looks like a gaming machine and its play is similar to a gaming machine, it should be treated as a gaming machine.
This can be achieved by declaring devices with the characteristics of a gaming machine to be instruments of unlawful gaming under section 59A of the Lottery and Gaming Act 1936. All such machines would then be prohibited machines in South Australia, unless they are treated as gaming machines under the Gaming Machines Act 1992. Gaming machines may only be provided in licensed gaming venues, in areas that are prohibited to persons under 18 years.
The proposed draft Regulations for the declaration of instruments of unlawful gaming (Appendix 1) specify that an amusement machine with the characteristics of a gaming machine would be declared to be an instrument of unlawful gaming.
An amusement machine would be declared an instrument of unlawful gaming if it is:
- a device that simulates the operation of a gaming machine by the use or depiction of a spinning reel;
- a device that is marked or described as a ‘gaming machine’ or ‘pokie’; or
- a device that uses or displays a word associated with gambling, such as ‘gambling’, ‘bet’ or ‘jackpot’.
The draft Regulations also make it clear that a gaming machine that is not approved under the Gaming Machines Act 1992 would be an instrument of unlawful gaming. This includes a gaming machine with a note acceptor.
The declaration of instruments of unlawful gaming will:
- prevent children from being exposed to amusement machines that are like gaming machines, which may be pathway to problem gambling; and
- provide certainty to businesses and reduce the risk to businesses of introducing unlawful machines to South Australian venues.
The proposed next steps are:
- amend the Regulations if needed (after public consultation);
- proclamation of Regulations under section 59A of the Lottery and Gaming Act 1936 that declare which machine, article or thing is an instrument of unlawful gaming; and
- commencement of the Regulations four months after the Regulations are proclaimed.
Interested parties are encouraged to make a submission on the draft Regulations for a declaration of instruments of unlawful gaming.
Submissions should be sent by email or post by no later than Friday 8 March 2013 to:
- e-mail: gamblingpolicy@sa.gov.au
- post: Gambling Policy
GPO Box 1045
Adelaide SA 5001
Submissions should include contact details of the person making the submission. Submissions may also be placed on the Department of Treasury and Finance website and/or quoted in subsequent policy and/or consultation papers.
However, Terry Williams, CEO of NAMOA, has asked all industry operators and distributors wanting to make a submission directly contact him first, so the industry can speak with a single, united voice. You can contact Mr Williams by calling 02 9606 6509 or email him at this address: terrywill@froggy.com.au.
News provided by the South Australian Government. If you would like to view the rest of the Policy Paper not printed here on the proposed regulations, click here.
