This regulation may be cited as the Gaming Machine (Facial Recognition Technology) and Other Legislation Amendment Regulation 2025.
Part 2 Amendment of Gaming Machine Regulation 2002
This part amends the Gaming Machine Regulation 2002.
After section 28—
insert—28AOperation of facial recognition technology system by particular licensees—Act, s 366
(1)This section applies in relation to a licensee other than a licensee who is operating a facial recognition technology system on the licensee’s licensed premises under a condition imposed by the commissioner on the licensee’s gaming machine licence under section 73 or 74 of the Act.(2)Subject to this section, the licensee is authorised to operate a facial recognition technology system on the licensee’s licensed premises.(3)A facial recognition technology system may be operated on the licensed premises only if—(a)the licensee—(i)is treated as an organisation under the Privacy Act 1988 (Cwlth); and(ii)complies with that Act in relation to the protection of personal information held in the system; and(b)the system—(i)is used for identifying an excluded person to prevent the person from entering or remaining in the licensed premises, or a gaming machine area on the licensed premises, in contravention of a self-exclusion order or exclusion direction; and(ii)includes a function that deletes any biometric information recorded by the system that does not identify an excluded person.(4)A licensee who operates a facial recognition technology system under this section must display a sign complying with subsections (5) and (6) on the licensee’s licensed premises.Maximum penalty—20 penalty units.
(5)The sign must state that a facial recognition technology system is in operation on the licensee’s licensed premises.(6)The sign must be displayed in a conspicuous position at—(a)each entrance to the licensee’s licensed premises; and(b)each entrance to a gaming machine area on the licensed premises where a facial recognition technology system is in operation.(7)If a licence for licensed premises ends under the Act, the licensee or person who was the licensee must not keep or disclose any personal information held by a facial recognition technology system operated on the premises.Maximum penalty—20 penalty units.
(8)A licensee who operates a facial recognition technology system under this section must ensure any personal information held by the system is not used—(a)to encourage or provide an incentive to a person to gamble; or(b)in connection with a customer loyalty or reward program.Maximum penalty—20 penalty units.
(9)In this section—excluded person means a person who is the subject of a self-exclusion order or an exclusion direction in force for the person.facial recognition technology system means a system that—(a)enables the facial image of a person to be recognised, identified and recorded; and(b)compares the facial image mentioned in paragraph (a) with biometric information held in the system about excluded persons.
Part 3 Amendment of Liquor Regulation 2002
This part amends the Liquor Regulation 2002.
After section 27A—
insert—27BOperation of facial recognition technology system—Act, s 235
(1)Subject to this section, a licensee is authorised to operate a facial recognition technology system on the licensee’s licensed premises.(2)A facial recognition technology system may be operated on a licensee’s licensed premises only if—(a)the licensee—(i)is treated as an organisation under the Privacy Act 1988 (Cwlth); and(ii)complies with that Act in relation to the protection of personal information held in the system; and(b)the system—(i)is used for identifying an excluded person to prevent the person from entering the licensed premises in contravention of a banning order for regulated premises or licensee ban; and(ii)includes a function that deletes any biometric information recorded by the system that does not identify an excluded person.(3)A licensee who operates a facial recognition technology system under this section must display a sign complying with subsections (4) and (5) on the licensee’s licensed premises.Maximum penalty—20 penalty units.
(4)The sign must state that a facial recognition technology system is in operation on the licensee’s licensed premises.(5)The sign must be displayed—(a)in a conspicuous position at each entrance to the licensee’s licensed premises; and(b)if an ID scanner is in use on the premises—in a conspicuous position and in close proximity to the ID scanner.(6)If a licence for licensed premises ends under the Act, the licensee or person who was the licensee must not keep or disclose any personal information held by a facial recognition technology system operated on the premises.Maximum penalty—20 penalty units.
(7)A licensee who operates a facial recognition technology system under this section must ensure any personal information held by the system is not used—(a)to promote the consumption of liquor; or(b)in connection with a customer loyalty or reward program.Maximum penalty—20 penalty units.
(8)In this section—banning order, for regulated premises, see section 173EE of the Act.excluded person means a person who is the subject of a banning order for regulated premises or a licensee ban in force for the person.facial recognition technology system means a system that—(a)enables the facial image of a person to be recognised, identified and recorded; and(b)compares the facial image mentioned in paragraph (a) with biometric information held in the system about excluded persons.licensee ban see section 173EE of the Act.regulated premises see section 173EE of the Act.