Poker Regulations

Poker Regulations
FACT SHEET: 18 December 2015
Poker Regulations
Questions and Answers
Questions and answers about the Lottery and Gaming
(Poker) Variation Regulations 2015.
Are all forms of poker in a public place prohibited?
The forms of poker that can be played in a public place are:


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poker where no participant in the game could, as a result of
playing or engaging, win any money or other prize.
general poker tournament that meet specific requirements set
out in the regulations. A general poker tournament is similar to
sporting tournaments.
trade promotion poker tournament that meet specific
requirements set out in the regulations. A trade promotion
poker tournament is run to promote the trade of a venue. It may
include features that promote trade and move away from a
common starting position.
 From 1 January 2016 new
regulations will determine
what forms of poker are legal
in a public place.
 The regulations set out three
classes of poker that are
legal to play in a public
place: Poker with no prizes,
tournament poker, and trade
promotion tournament poker.
Background
The Lottery and Gaming Act
1936 broadly prohibits most
forms of gambling.
These are set out in the Lottery and Gaming Regulations 2008.
Are poker tournaments with entry fees prohibited?
No. The entry fee for a trade promotion poker tournament,
however, is capped at $50.
Can the entry fee cover the costs of operating a
poker tournament?
For a trade promotion poker tournament the entry fees can only be
applied to the prizes. For a general poker tournament the entry fees
can cover the cost of operating a poker tournament and any prizes.
Can poker tournament rules allow for bonus chips?
The rules of a trade promotion poker tournament can allow for
bonus chips (up to 20%) to be provided to participants that start
early or purchase food or beverages at the premises where the
poker tournament is held.
For more information, please contact: [email protected]
There has been some
uncertainty about gambling on
poker in a public place.
The Parliament amended the
Lottery and Gaming Act 1936 to
prohibit poker in a public place
except where set out in the
regulations.
The Lottery and Gaming (Poker)
Variation Regulations 2015
amend the Lottery and Gaming
Regulations 2008 to set out the
exceptions.
Both the amendments and the
regulations commence on
1 January 2016.
www.treasury.sa.gov.au
Poker Regulations
Questions and Answers
Are poker tournaments required to
publish their rules?
A copy of the rules must be available for inspection
by any person at the premises at which the poker
tournament is held at any time during the poker
tournament
Can poker tournament rules allow for reentry or re-buying a new stack of poker
chips?
The rules of a trade promotion poker tournament
can allow for a player that exits from the tournament
early to re-enter the tournament. Re-entry must not
involve an additional fee.
Are poker tournaments with prizes
prohibited?
The regulations set out requirements on how the
prizes are determined. The value of the prize cannot
be determined by reference to the nominal value or
the number of poker chips a player has at the end of
the poker tournament.
Do the prize amounts need to be
determined before the commencement
of the poker tournament?
For a trade promotion poker tournament the prizes
can be determined as a percentage of the entry fees
collected. The percentages must be determined
before the commencement of the tournament and
specified in the rules.
For a general poker tournament. The prizes must be
determined before the commencement of the
tournament and specified in the rules.
How are the prize winners determined?
The regulations enable poker tournaments to
determine prize winners on the basis of elimination
or on the basis of the nominal value of poker chips.
Can a poker tournament finish early?
The poker tournament rules can allow a poker
tournament to be concluded early and for the prizes
to be divided amongst the participants of the
tournament in circumstances that are specified in
the rules.
How were the trade promotion poker
tournament rules determined?
The regulations were subject to public consultation
on the Government’s Your Say website.
Submissions received helped define some of the
popular characteristics of trade promotion poker
tournaments that are now provided for in the
regulations.
Where can I get the regulations?
The Lottery and Gaming Regulations 2008 and the
Lottery and Gaming (Poker) Variation Regulations
2015 are available from the South Australian
Government’s legislation website
(http://www.legislation.sa.gov.au).
Poker is a game of skill. Why is it being
regulated?
There are many games and sports that involve skill.
However, poker is closely associated with gambling.
There are a range of provisions in the Lottery and
Gaming Act 1936 that address gambling in a public
place.
The purpose of the amendments to the Lottery and
Gaming Act 1936 and the Lottery and Gaming
(Poker) Variation Regulations 2015 is to allow poker
to be played in a public place if there is no gambling
associated with the game of poker.
Can I make further suggestions for
regulations?
The South Australian Government will monitor the
implementation of the regulations. However, if you
believe that there may be further issues to be
considered then please send your suggestions by
e-mail to [email protected]
For more information, please contact: [email protected]
www.treasury.sa.gov.au
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