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compliance
5 July 2024

Changes to cash dispensing facility signage and location in gaming venues

As part of reforms to strengthen gambling harm minimisation requirements, changes are coming into effect for cash dispensing facility signage, visibility and location in hotels and registered clubs.

The regulation of cash dispensing facilities in hotels and clubs is a key component of gambling harm minimisation. Liquor & Gaming NSW (L&GNSW) has continued to identify cash dispensing facilities as an area of non-compliance during inspection campaigns.

L&GNSW has developed a Campaign Paper that explains the new requirements and the timeline for implementation.

A cash dispensing facility is an automatic teller machine (ATM) or EFTPOS with cash withdrawal facilities.

What is changing?

Signage

From 1 July 2024, hotels and clubs are prohibited from placing any signage or advertising relating to gaming machines where it is visible from a cash dispensing facility.

In addition, any sign that advertises or gives direction to a cash dispensing facility is not allowed to be visible from a gaming machine or any part of a gaming area.

There is a grace period until 1 August 2024 for you to comply with the new requirements. However, you must begin taking action to comply between 1 and 31 July 2024. For example, temporarily covering signs is acceptable while you work toward removing them permanently.

From 1 August 2024, L&GNSW will enforce these signage requirements and respond to any breaches appropriately and proportionately.

Location and visibility of cash dispensing facilities

From 1 January 2025, cash dispensing facilities must be located outside of a 5-metre radius of any entrance to, or exit from, a gaming area in the hotel or club.

The distance requirement refers to a ‘radius’ and does not allow for cash dispensing facilities within that area, even if the walking distance is greater than 5 metres. The distance is calculated from the nearest side of the cash dispensing facility to the nearest point of the gaming room entrance.

From 1 January 2025, visibility requirements for cash dispensing facilities, gaming machines and gaming areas also begin.

A cash dispensing facility must not be visible from:

  • The entry to, or exit from, a gaming area or gaming machine in a hotel or club, and
  • Any gaming machine in a hotel or club.

The following must not be visible from a cash dispensing facility:

  • A gaming machine or part of a gaming machine,
  • A monitor used to display the jackpot prize of an authorised progressive system, and
  • An entrance to, or exit from, a gaming area.

Timeframes for implementation

To provide venues time to comply, L&GNSW will implement a staged approach.

The signage requirements will be fully enforced from 1 August 2024.

The location and visibility requirements come into force on 1 January 2025. Between 1 January and 31 January 2025, compliance action will be taken where venues have made no effort (or inadequate effort) to comply. If you are not compliant during the month of January 2025, you must be able to provide evidence that you have taken reasonable steps to relocate your cash dispensing facilities and that any delays were outside of your control. From 1 February 2025, a zero-tolerance enforcement approach to cash dispensing facility locations will begin.

The compliance stages are described in full in the Campaign Paper.

Exemptions

L&GNSW recognises that some venues may not be able to comply with the distance requirement.

You may apply to L&GNSW to seek an exemption if it is not possible to comply with the 5-metre radius rule because it would result in your venue contravening:

  1. The Environmental Planning and Assessment Act 1979, the regulations under that Act or an environmental planning instrument, or
  2. The Work Health and Safety Act 2011 or the regulations under that Act.

For example, if you are a small venue and there is nowhere within your venue that you can place your cash dispensing facility that is outside a 5m radius of the entry to a gaming room but inside the premises, you may be eligible for an exemption because it may require you to place your cash dispensing facility outside the boundaries of your premises in contravention of a planning instrument.

Your application must:

  • demonstrate eligibility to apply under one or both criteria above, and
  • include a proposed location for the relevant cash dispensing facility location which is the furthest possible location from the nearest gaming machine and the nearest entrance or exit of a gaming area in the hotel or club.

If an exemption is granted, you will receive written notice of the approval. From the date of approval, the relevant cash dispensing facility must be placed only in the approved location.

Applications will be accepted from 1 September 2024. More information about how to apply will be published on this webpage soon.

Frequently Asked Questions

What is included in ‘cash dispensing facility’?

Cash dispensing facilities means ATMs and EFTPOS with cash withdrawal. It does not include EFTPOS machines that are not used for cash withdrawal. It also does not include cash redemption terminals (CRT).

Do I need to cover the writing on the physical ATM that says ‘ATM’?

Signage that forms part of the unaltered physical ATM, for example, “ATM” written on the side of the physical machine, will not be enforced until 1 January 2025. From this date, the ATM will not be able to be visible from any gaming entry/machine/area.

Is it acceptable to cover up signs for the ATM or gaming machines?

Yes, temporarily covering non-compliant signs while you work to remove them permanently is acceptable.

What are the visibility requirements from 1 January 2025?

A cash dispensing facility must not be visible from:

  • The entry to, or exit from, a gaming area or gaming machine in a hotel or club, and
  • Any gaming machine in a hotel or club

The following must not be visible from a cash dispensing facility:

  • A gaming machine or part of a gaming machine,
  • A monitor used to display the jackpot prize of an authorised progressive system, and
  • An entrance to, or exit from, a gaming area.

Do I meet the location requirements if the cash dispensing facility is more than 5 metres walking distance from the gaming area or room entry/exit?

No, the distance requirement is a 5-metre radius. The distance is calculated from the nearest side of the ATM to the nearest point of the gaming room entrance.

I don’t think I can comply with the 5-metre distance requirements because of my venue layout. What can I do?

An exemption process is available above.

Is the visibility requirement based on a 360-degree view or from where you are facing the cash dispensing facility or gaming machine?

The requirements are based on what can be seen from a 360-degree view.

Moving an ATM is a big process. What happens if I can’t move it before 1 January 2025?

The location and visibility requirements start on 1 January 2025, to allow you plenty of time to comply.

The Campaign Paper describes the staged enforcement approach that inspectors will use. Stage 2 of the approach provides leniency where you have evidence to demonstrate that you have taken reasonable steps to relocate cash dispensing facilities and that any delays faced in removing or relocating the cash dispensing facilities were outside of your control. From 1 February 2025, there will be a zero-tolerance approach where the new requirements have not been met.

Do the signage visibility requirements starting on 1 August 2024 mean that I need to cover up parts of a gaming machine, so it isn’t visible from a cash dispensing facility?

The signage and advertising requirements starting on 1 August 2024 do not apply to gaming machines, parts of gaming machines or jackpot screens. Signage or advertising that indicates the presence of gaming machines, but is separate from the gaming machines or jackpot screens, is included. Examples of the signs that will not be permissible if they are visible from a cash dispensing facility are internal signs or advertising that say ‘VIP Lounge’, ‘Gaming Room’ or ‘Pokies’, or have symbols, pictures or other motifs that are used in gaming machine branding.

The ban on visibility of gaming machines, parts of gaming machines and jackpot screens from cash dispensing facilities begins on 1 January 2025.

I need some guidance. Who do I contact?

In the first instance, licensees, managers, and club secretaries should seek further information from their peak body.  If you cannot find the information you need on our website or from your peak body, the Hospitality Concierge can be emailed at concierge@liquorandgaming.nsw.gov.au, or you can book a call at a time that is convenient for you by using the form on our website.