Review of variations to gaming machine shutdown hours

The standard gaming machine shutdown period is from 4am to 10am under the Gaming Machines Act 2001. The six-hour shutdown is an important harm minimisation measure. However, more than 670 venues in NSW have an exemption to this shutdown period.

Liquor & Gaming NSW (L&GNSW), acting on behalf of the Independent Liquor & Gaming Authority (ILGA), has commenced a review of all approved variations to the mandatory shutdown.

L&GNSW and ILGA will work to consider whether any of the approved variations in place should be revoked on a case-by-case basis.

The Minister has also issued updated Ministerial Guidelines under sections 40 and 40A of the Gaming Machines Act 2001. Visit the gaming machine shutdown periods page for information on the new Guidelines.

What the review will involve

There will be a fair and measured case-by-case review of all approved variations. Venues will have an opportunity to provide feedback, before a decision is made.

If your venue has an approved variation to the standard shutdown period, you can expect the following steps:

1. You will receive a formal letter from L&GNSW notifying you that your variation will be reviewed, and decision-makers will be considering whether any of the approved variations in place should be revoked.
2. You will have an opportunity to respond to L&GNSW by 4 February 2026 with information you would like the decision-maker to consider. There is no requirement to respond.
3. Your individual case will be considered based on all available information, including any submission you make. The decision-maker will have regard for the new Ministerial Guidelines that introduce modernised eligibility criteria (if relevant) and to the need for gambling harm minimisation and the objects of the Gaming Machines Act 2001.
4. You will be informed of the outcome in writing. If a decision has been made to revoke the approved variation, L&GNSW will provide information on next steps.

Any decision to revoke a variation will take effect from 31 March 2026, allowing time for venues to adapt business operations to the standard 6-hour shutdown period.

At all times, venues are free to lodge a new application for a varied shutdown period. For more information visit the gaming machine shutdown periods page.

Why is this review taking place

NSW venues that operate gaming machines must shut down between 4am to 10am each day of the week. The six-hour shutdown is a harm minimisation measure intended to provide players with an important break in play.

However, more than 670 venues have a varied shutdown period for a variety of reasons, including being in ‘tourist’ locations, having a history of earlier opening hours and experiencing financial hardship due to the introduction of the mandatory 6-hour shutdown, which came into effect in May 2003. Many of the variations have been in place for more than 20 years.

There have been recent findings and recommendations on this matter:

• The 2024 Review of the Gaming Machine Shutdown Hours Framework found that 673 venues had a variation in place and that many of these variations had never been reviewed. This impacts the intent of the 6-hour shutdown period.
• The Roadmap for Gaming Reform recommended that the NSW Government repeal all existing variations to allow for a uniform shutdown period in NSW, with a transition period for venues.
• The Auditor-General’s Report on the Regulation of Gaming Machines recommended that ILGA exercise its powers to review conditions and specifically highlighted hardship variations. ILGA has accepted this recommendation.

The Minister for Gaming and Racing has acted on the 2024 review’s findings and Independent Panel’s recommendations to repeal the variations.

This review will remove exemptions that enable varied gaming machine operating hours that are outdated and no longer fit for purpose, and provide for a more uniform gaming machine shutdown period across NSW.

What is the relevant legislation

Section 39 of the Gaming Machines Act 2001 requires all venues to shutdown gaming machines between 4am and 10am each day, unless they have an approved variation in place. 

ILGA can approve a variation under sections 40, 40A, or 41, for venues that meet eligibility criteria for a ‘weekend and public holiday’ variation, a ‘hardship’ variation, or an ‘early openers’ variation. 

Under section 42(3)(c), ILGA may revoke an approval at any time for any reason it thinks fit. ILGA has provided a limited delegation of this revocation power to L&GNSW for the purposes of this review.