2008 The Parliament of the Commonwealth of Australia THE SENATE Presented and read a first time Poker Machine Harm Minimisation Bill 2008 No. , 2008 (Senator Fielding) A Bill for an Act to provide for the regulation of poker machines to promote responsible gambling practices and minimise problem gambling, and for related purposes [Page Break] Part 1--Preliminary 1 1 Short title ............................................................................................ 1 2 Commencement .................................................................................. 1 3 Objects of Act ..................................................................................... 2 4 Application of Act .............................................................................. 2 5 Relationship with State and Territory law .......................................... 3 6 Definitions .......................................................................................... 3 7 M eaning of play .................................................................................. 9 Part 2--Technical require ments on corporations that manufacture or supply gaming machines and poker machines 11 8 Application ....................................................................................... 11 9 M aximum denomination of notes accepted by bank note acceptors ........................................................................................... 11 10 Limit on credits entered through bank note acceptors...................... 12 11 Limits on credits entered through gaming machine ticket readers ............................................................................................... 12 12 Prohibition on multiple line betting .................................................. 13 13 M aximum bet per spin...................................................................... 13 14 M aximum bet per spin--smart card gaming machines and smart card poker machines ............................................................... 14 15 Limit on jackpots and linked-jackpot arrangements......................... 14 16 Limit on jackpots and linked-jackpot arrangements--smart card gaming machines and poker machines ..................................... 15 17 Prohibition on free spins and free games .......................................... 15 18 Spin rate ............................................................................................ 15 Part 3--Technical require ments relating to automatic teller machines owned or operated by or on behalf of banks, credit unions and othe r financial institutions 17 19 Application ....................................................................................... 17 20 Limiting withdrawals and advances from cash facilities .................. 17 Part 4--Technical require ments on corporations that manufacture or supply cash-back te rminals 18 21 Application ....................................................................................... 18 22 M aximum redemption amount for cash-back terminals ................... 18 i Poker Machine Harm Minimisation Bill 2008 No. , 2008 [Page Break] Division A--Obtaining an order for a civil penalty 20 23 Federal Court may order person to pay pecuniary penalty for contravening civil penalty provision ................................................ 20 24 What is a civil penalty provision?..................................................... 21 25 Contravening a civil penalty provision is not an offence ................. 21 26 Persons involved in contravening civil penalty provision ................ 21 27 Recovery of a pecuniary penalty ...................................................... 21 Division B--Enforceable undertakings relating to contraventions of civil penalty provisions 22 28 Acceptance of undertakings relating to contraventions of civil penalty provisions..................................................................... 22 29 Enforcement of undertakings ............................................................ 22 Part 6--Miscellaneous 23 30 Regulations ....................................................................................... 23 Poker Machine Harm Minimisation Bill 2008 No. , 2008 ii [Page Break] 2 poker machines to promote responsible gambling 3 practices and minimise problem gambling, and for 4 related purposes 5 The Parliament of Australia enacts: 6 Part 1--Preliminary 7 8 1 Short title 9 This Act may be cited as the Poker Machine Harm Minimisation 10 Act 2008. 11 2 Commence ment 12 This Act commences at the end of 6 months after the day on which 13 this Act receives the Royal Assent. Poker Machine Harm Minimisation Bill 2008 No. , 2008 1 [Page Break] Section 3 1 3 Objects of Act 2 The objects of this Act are to provide for: 3 (a) the manufacture of gaming machines and poker machines; 4 and 5 (b) the installation of automatic teller machines and cash-back 6 terminals; 7 that do not encourage problem and compulsive gambling. 8 4 Application of Act 9 Extension to external Territories 10 (1) This Act extends to Norfolk Island, the Territory of Cocos 11 (Keeling) Islands and the Territory of Christmas Island. 12 Limited extraterritorial application 13 (2) This Act applies to acts, omissions, matters and things in the 14 Australian jurisdiction, and subject to subsection (3), does not 15 apply to acts, omissions, matters and things outside the Australian 16 jurisdiction. 17 Application outside exclusive economic zone limited to Australian 18 vessels 19 (3) A provision of this Act that has effect outside the outer limits of 20 the exclusive economic zone and the continental shelf applies only 21 in relation to Australian vessels. 22 Application to vessels in the Australian jurisdiction inside 23 exclusive economic zone 24 (4) A provision of this Act that has effect within the outer limits of the 25 exclusive economic zone (whether in the zone or in Australia or an 26 external Territory) or on or in the continental shelf applies in 27 relation to all vessels (including vessels that are not Australian 28 vessels). 29 Note: A reference to Australia or to an external Territory generally includes 30 a reference to the coastal sea of Australia or the Territory (as 31 appropriate). See section 15B of the Acts Interpretation Act 1901. 2 Poker Machine Harm Minimisation Bill 2008 No. , 2008 [Page Break] Section 5 1 5 Relationship with State and Territory law 2 This Act is not intended to exclude or limit the concurrent 3 operation of any law of a State or Territory, unless the contrary 4 intention appears. 5 6 Definitions 6 In this Act: 7 accumulated credits means the amount of credits standing on any 8 one gaming machine or poker machine, whether initially credited 9 to the machine or accumulated through playing the machine. 10 ATM card means any magnetic stripe card or smart chip card 11 issued by a financial institution to a customer of the financial 12 institution, which enables that customer, as an ATM cardholder, to 13 effect ATM transactions. 14 ATM cardholder means a customer of a financial institution who is 15 issued an ATM card and a PIN for use with it. 16 ATM transaction means a cash deposit, a cash withdrawal or a 17 balance enquiry effected by an ATM cardholder at an ATM. 18 Australian jurisdiction means the land, waters, seabed and 19 airspace in, under or above: 20 (a) Australia; or 21 (b) an external Territory; or 22 (c) the exclusive economic zone; or 23 (d) the continental shelf. 24 Note: A reference to Australia or to an external Territory generally includes 25 a reference to the coastal sea of Australia or the Territory (as 26 appropriate). See section 15B of the Acts Interpretation Act 1901. 27 Australian vessel means: 28 (a) a vessel that is owned, possessed or controlled by: 29 (i) the Commonwealth or a Commonwealth agency; or 30 (ii) a State, a self-governing Territory or an agency of a 31 State or self-governing Territory; or 32 (b) a vessel that is registered in Australia; or Poker Machine Harm Minimisation Bill 2008 No. , 2008 3 [Page Break] Section 6 1 (c) a vessel that is flying the Australian flag. 2 authorised deposit-taking institution or ADI means an authorised 3 deposit-taking institution within the meaning of the Banking Act 4 1959. 5 automatic teller machine or ATM means an electronic hardware 6 device, owned or operated by or on behalf of a financial institution, 7 that is capable of automatically dispensing cash in response to a 8 cash withdrawal transaction initiated by an ATM cardholder, to be 9 debited against or charged to an account of the cardholder, through 10 the use of an ATM card issued by a financial institution that is a 11 member of the Consumer Electronic Clearing System (CS3) and 12 the keying in by the cardholder of the cardholder's PIN, and 13 includes limited service devices (cash dispensers) that only allow 14 for cash withdrawals, although other transactions such as balance 15 enquiries may also be supported by an automatic teller machine. 16 bank means an authorised deposit-taking institution that is 17 permitted under section 66 of the Banking Act 1959 to assume or 18 use: 19 (a) the word bank, banker or banking; or 20 (b) any other word (whether or not in English) that is of like 21 import to a word referred to in paragraph (a). 22 bank note acceptor means an electronic hardware device within or 23 attached to a gaming machine or a poker machine that validates 24 banknotes and either accepts and stores valid banknotes in return 25 for the granting of credits playable on the machine, or rejects and 26 returns to the player invalid bank notes, or those of denominations 27 other than those for which it has been enabled to accept. 28 cardholder means an ATM cardholder, an EFTPOS cardholder or 29 a credit cardholder. 30 cash-back terminal means a customer-operated payment machine 31 that enables gaming machine and poker machine players to redeem 32 their gaming machine tickets for cash. 33 cash facility means: 34 (a) an ATM; or 4 Poker Machine Harm Minimisation Bill 2008 No. , 2008 [Page Break] Section 6 1 (b) an EFTPOS terminal; or 2 (c) any other prescribed facility that enables a person to gain 3 access to the funds in his or her account or to a cash advance 4 through a credit card. 5 Consumer Electronic Clearing System (CS3) means the standards, 6 policies and procedures coordinated by the Australian Payments 7 Clearing Association for the purpose of settlement of obligations 8 incurred between financial institutions that arise from the operation 9 of the national automatic teller machine network. 10 corporation means a body corporate that: 11 (a) is a foreign corporation; or 12 (b) is a trading corporation formed within the limits of Australia 13 or is a financial corporation so formed; or 14 (c) is incorporated in a Territory; or 15 (d) is the holding company of a body corporate of a kind referred 16 to in paragraph (a), (b) or (c). 17 credit card means any magnetic stripe card or smart chip card 18 issued by a financial institution or a credit card or charge card 19 company to a customer of the financial institution or credit card or 20 charge card company, which enables that customer, as a credit 21 cardholder, to effect credit card and charge card transactions, 22 including obtaining cash advances. 23 credit cardholder means a customer of a financial institution or a 24 credit card or charge card company who is issued with a credit card 25 or a charge card and a PIN for use with that card. 26 credit meter means the indicator on a gaming machine or a poker 27 machine that displays the number of credits registered on the 28 machine and available to a player for betting and the monetary 29 value of those credits. 30 credit union means an authorised deposit-taking institution that is 31 permitted under section 66 of the Banking Act 1959 to assume or 32 use the expression credit union or credit society. 33 debit card means an ATM card or an EFTPOS card. Poker Machine Harm Minimisation Bill 2008 No. , 2008 5 [Page Break] Section 6 1 EFTPOS means an electronic funds transfer at the point of sale. 2 EFTPOS card means any magnetic stripe card or smart chip card 3 issued by a financial institution to a customer of the financial 4 institution, which enables that customer, as an EFTPOS 5 cardholder, to effect EFTPOS transactions. 6 EFTPOS cardholder means a customer of a financial institution 7 who is issued with an EFTPOS card and a PIN for use with that 8 card. 9 EFTPOS terminal means an electronic hardware device used to 10 put into effect an EFTPOS transaction. 11 EFTPOS transaction means an electronic funds transfer initiated 12 by an EFTPOS cardholder's use at point of sale of an EFTPOS 13 card, and in the normal course, the keying in by the cardholder of 14 the cardholder's PIN, at an EFTPOS terminal, and includes any 15 cash withdrawal, refund and reversal of any such transfer. 16 executive officer of a body corporate means a person, by whatever 17 name called and whether or not a director of the body corporate, 18 who is concerned in, or takes part in, the management of the body 19 corporate. 20 financial institution means a body corporate that is an authorised 21 deposit-taking institution for the purposes of the Banking Act 1959, 22 including but not limited to banks and credit unions. 23 game, in relation to a gaming machine or a poker machine, means 24 a play, or a series of plays, initiated by the application of a 25 monetary credit registered on the machine. 26 gaming machine has the same meaning as poker machine. 27 gaming machine credit has the same meaning as poker machine 28 credit. 29 gaming machine ticket means a ticket that: 30 (a) is issued from a gaming machine or a poker machine (or 31 peripheral equipment that is installed for the purpose of 32 issuing tickets) to a player of that machine; and 6 Poker Machine Harm Minimisation Bill 2008 No. , 2008 [Page Break] Section 6 1 (b) shows the value of the credits accumulated and not otherwise 2 redeemed in the course of play on that machine. 3 gaming machine ticket reader means an electronic hardware 4 device within or attached to a gaming machine or a poker machine 5 that validates a gaming machine ticket and either accepts and stores 6 valid gaming machine tickets in return for the granting of credits 7 playable on the machine, or rejects and returns to the player invalid 8 gaming machine tickets, or those for amounts greater than the 9 maximum credits for which it has been enabled to accept. 10 gaming token means a token, credit or other thing that enables a 11 bet to be made on a gaming machine or a poker machine, but does 12 not include a gaming machine or poker machine credit. 13 jackpot, in relation to a gaming machine or a poker machine, 14 means the combination of letter, numbers, symbols or 15 representations as part of a game on that machine that pays the 16 maximum winnings payable on that machine for any one 17 combination. 18 licence means a gaming machine licence or a poker machine 19 licence issued under the relevant laws of the States and Territories. 20 licensed venue means premises for which a licence is in force. 21 linked-jackpot arrangement means an arrangement under which 22 two or more gaming machines or poker machines are linked to a 23 device that: 24 (a) from time to time, records the amount payable as winnings 25 under the arrangement; and 26 (b) for the purpose of recording the amount mentioned in 27 paragraph (a), receives messages from each machine to 28 which it is linked; and 29 (c) cannot affect the percentage payout of, or transmit a message 30 to, a machine to which it is linked. 31 payline means the line of symbols on the reels or screen of a 32 gaming machine or a poker machine on which a winning pattern 33 occurs. Poker Machine Harm Minimisation Bill 2008 No. , 2008 7 [Page Break] Section 6 1 peripheral equipment, for a gaming machine or a poker machine, 2 means equipment, or a device, that is incidental to the basic 3 operation of the gaming machine or poker machine, including but 4 not limited to bank note acceptors and smart card readers. 5 personal identification number or PIN means the number which is 6 either issued by a financial institution or selected by an ATM or 7 EFTPOS cardholder for the purpose of authenticating the use by 8 the cardholder of the ATM or EFTPOS card, as the case may be. 9 play has the meaning given by section 7. 10 poker machine means a machine: 11 (a) designed for playing a game of chance, or of mixed chance 12 and skill; and 13 (b) designed to be played completely or partly by: 14 (i) the insertion of one or more coins, notes or tokens; or 15 (ii) the application of a monetary credit registered on the 16 machine or elsewhere; and 17 (c) that offers, or that appears to offer, people a chance to win 18 monetary or other valuable consideration by playing the 19 machine. 20 poker machine credit means a credit of a gaming token registered 21 by a gaming machine or a poker machine. 22 smart card means a card which has embedded in it an electronic 23 integrated circuit (microprocessor) of any type in the form of a 24 chip, the information on which must be accessed by the card being 25 inserted into a smart card reader, and which has registered on it: 26 (a) a maximum fortnightly monetary credit of $1,000, 27 pre-registered at least one week in advance; and 28 (b) a maximum fortnightly playing time of 10 hours. 29 smart card gaming machine has the same meaning as smart card 30 poker machine. 31 smart card poker machine means a machine: 32 (a) designed for playing a game of chance, or of mixed chance 33 and skill; and 8 Poker Machine Harm Minimisation Bill 2008 No. , 2008 [Page Break] Section 7 1 (b) designed to be played completely by: 2 (i) the insertion of a smart card; and 3 (ii) the application of the maximum fortnightly monetary 4 credit of $1,000, pre-registered on the smart card at least 5 one week in advance; and 6 (iii) the application of the maximum fortnightly playing time 7 of 10 hours registered on the smart card; and 8 (c) that offers, or that appears to offer, people a chance to win 9 monetary or other valuable consideration by playing the 10 machine. 11 smart card reader means an electronic hardware device within or 12 attached to a gaming machine or a poker machine that validates 13 smart cards and either accepts those smart cards which it has been 14 enabled to accept, allowing a player to play the machine, or rejects 15 and returns to the player invalid smart cards. 16 spin means a sequence of actions and states in a gaming machine 17 or a poker machine initiated by a player through wagering a single 18 credit and terminated when the credit wagered has been lost or all 19 winnings have been transferred to the total wins meter of the 20 gaming machine or poker machine and the player's credit meter. 21 spin rate, in relation to a gaming machine or a poker machine, 22 means the interval between spins on the gaming machine or poker 23 machine. 24 total wins meter means a device for recording amounts that, if won 25 by a player, would be credited to the credit meter of the player's 26 gaming machine or poker machine. 27 7 Meaning of play 28 For the purposes of this Act, a person is taken to play a gaming 29 machine or a poker machine if the person, directly or indirectly: 30 (a) inserts a coin, note, gaming token or smart card into the 31 machine; or 32 (b) causes gaming machine credits to be registered by the 33 machine; or 34 (c) makes a bet on the machine; or Poker Machine Harm Minimisation Bill 2008 No. , 2008 9 [Page Break] Section 7 1 (d) causes the activation of any process relating to the game of 2 the machine; or 3 (e) makes or participates in the making of the decisions involved 4 in playing the machine. 5 10 Poker Machine Harm Minimisation Bill 2008 No. , 2008 [Page Break] and poker machines Part 2 Section 8 1 2 Part 2--Technical requirements on corporations 3 that manufacture or supply gaming 4 machines and poker machines 5 6 8 Application 7 This Part applies to: 8 (a) any corporation that manufactures gaming machines or poker 9 machines for use in the Australian jurisdiction, an external 10 Territory, on an Australian vessel or on a vessel that is not an 11 Australian vessel but which navigates in the Australian 12 jurisdiction; and 13 (b) any corporation that sells, offers or exposes for sale or 14 supplies gaming machines or poker machines for use in the 15 Australian jurisdiction, an external Territory, on an 16 Australian vessel or on a vessel that is not an Australian 17 vessel but which navigates in the Australian jurisdiction, 18 whether those machines are manufactured within the 19 Australian jurisdiction or not. 20 9 Maximum denomination of notes accepted by bank note acceptors 21 (1) A corporation must not manufacture a gaming machine or a poker 22 machine that accepts banknotes with a denomination greater than 23 $20. 24 Maximum civil penalty: 2,000 penalty units. 25 Note: penalty unit has the meaning given by section 4AA of the Crimes Act 26 1914. 27 (2) A corporation must not sell, offer or expose for sale or supply a 28 gaming machine or a poker machine that accepts banknotes with a 29 denomination greater than $20. 30 Maximum civil penalty: 2,000 penalty units. 31 Note: penalty unit has the meaning given by section 4AA of the Crimes Act 32 1914. Poker Machine Harm Minimisation Bill 2008 No. , 2008 11 [Page Break] mach ines and poker mach ines Section 10 1 10 Limit on credits entered through banknote acceptors 2 (1) A corporation must not manufacture a gaming machine or a poker 3 machine that allows a player, by means of entering banknotes into 4 the machine's bank note acceptor, to have more than $100 of 5 accumulated credits. 6 Maximum civil penalty: 2,000 penalty units. 7 Note: penalty unit has the meaning given by section 4AA of the Crimes Act 8 1914. 9 (2) A corporation must not sell, offer or expose for sale or supply a 10 gaming machine or a poker machine that allows a player, by means 11 of entering banknotes into the machine's bank note acceptor, to 12 have more than $100 of accumulated credits. 13 Maximum civil penalty: 2,000 penalty units. 14 Note: penalty unit has the meaning given by section 4AA of the Crimes Act 15 1914. 16 (3) This section does not apply in relation to credits accumulated on a 17 gaming machine or a poker machine through the player playing 18 that machine. 19 11 Limits on cre dits entered through gaming machine ticket readers 20 (1) A corporation must not manufacture a gaming machine or a poker 21 machine that allows a player, by means of entering a gaming 22 machine ticket or more than one gaming machine ticket into the 23 machine's gaming machine ticket reader, to have more than $100 24 of accumulated credits. 25 Maximum civil penalty: 2,000 penalty units. 26 Note: penalty unit has the meaning given by section 4AA of the Crimes Act 27 1914. 28 (2) A corporation must not sell, offer or expose for sale or supply a 29 gaming machine or a poker machine that allows a player, by means 30 of entering a gaming machine ticket or more than one gaming 31 machine ticket into the machine's gaming machine ticket reader, to 32 have more than $100 of accumulated credits. 12 Poker Machine Harm Minimisation Bill 2008 No. , 2008 [Page Break] and poker machines Part 2 Section 12 1 Maximum civil penalty: 2,000 penalty units. 2 Note: penalty unit has the meaning given by section 4AA of the Crimes Act 3 1914. 4 12 Prohibition on multiple line betting 5 (1) A corporation must not manufacture a gaming machine or a poker 6 machine that has more than one payline. 7 Maximum civil penalty: 2,000 penalty units. 8 Note: penalty unit has the meaning given by section 4AA of the Crimes Act 9 1914. 10 (2) A corporation must not sell, offer or expose for sale or supply a 11 gaming machine or a poker machine that has more than one 12 payline. 13 Maximum civil penalty: 2,000 penalty units. 14 Note: penalty unit has the meaning given by section 4AA of the Crimes Act 15 1914. 16 13 Maximum bet pe r spin 17 (1) Subject to subsection 14(1), a corporation must not manufacture a 18 gaming machine or a poker machine that enables a maximum bet 19 greater than $1 per spin. 20 Maximum civil penalty: 2,000 penalty units. 21 Note: penalty unit has the meaning given by section 4AA of the Crimes Act 22 1914. 23 (2) Subject to subsection 14(2), a corporation must not sell, offer or 24 expose for sale or supply a gaming machine or a poker machine 25 that enables a maximum bet greater than $1 per spin. 26 Maximum civil penalty: 2,000 penalty units. 27 Note: penalty unit has the meaning given by section 4AA of the Crimes Act 28 1914. Poker Machine Harm Minimisation Bill 2008 No. , 2008 13 [Page Break] mach ines and poker mach ines Section 14 1 14 Maximum bet pe r spin--s mart card gaming machines and smart 2 card poker machines 3 (1) A corporation must not manufacture a smart card gaming machine 4 or a smart card poker machine that enables a maximum bet greater 5 than $5 per spin. 6 Maximum civil penalty: 2,000 penalty units. 7 Note: penalty unit has the meaning given by section 4AA of the Crimes Act 8 1914. 9 (2) A corporation must not sell, offer or expose for sale or supply a 10 smart card gaming machine or a smart card poker machine that 11 enables a maximum bet greater than $5 per spin. 12 Maximum civil penalty: 2,000 penalty units. 13 Note: penalty unit has the meaning given by section 4AA of the Crimes Act 14 1914. 15 15 Limit on jackpots and linked-jackpot arrangements 16 (1) Subject to subsection 16(1), a corporation must not manufacture a 17 gaming machine or a poker machine that has a jackpot or a 18 linked-jackpot arrangement greater than $1,000. 19 Maximum civil penalty: 2,000 penalty units. 20 Note: penalty unit has the meaning given by section 4AA of the Crimes Act 21 1914. 22 (2) Subject to subsection 16(2), a corporation must not sell, offer or 23 expose for sale or supply a gaming machine or a poker machine 24 that has a jackpot or a linked-jackpot arrangement greater than 25 $1,000. 26 Maximum civil penalty: 2,000 penalty units. 27 Note: penalty unit has the meaning given by section 4AA of the Crimes Act 28 1914. 14 Poker Machine Harm Minimisation Bill 2008 No. , 2008 [Page Break] and poker machines Part 2 Section 16 1 16 Limit on jackpots and linked-jackpot arrangements--smart card 2 gaming machines and poke r machines 3 (1) A corporation must not manufacture a smart card gaming machine 4 or a smart card poker machine that has a jackpot or a 5 linked-jackpot arrangement greater than $2,000. 6 Maximum civil penalty: 2,000 penalty units. 7 Note: penalty unit has the meaning given by section 4AA of the Crimes Act 8 1914. 9 (2) A corporation must not sell, offer or expose for sale or supply a 10 smart card gaming machine or a smart card poker machine that has 11 a jackpot or a linked-jackpot arrangement greater than $2,000. 12 Maximum civil penalty: 2,000 penalty units. 13 Note: penalty unit has the meaning given by section 4AA of the Crimes Act 14 1914. 15 17 Prohibition on free spins and free games 16 (1) A corporation must not manufacture a gaming machine or a poker 17 machine that provides for free spins or free games to be triggered 18 during a game. 19 Maximum civil penalty: 2,000 penalty units. 20 Note: penalty unit has the meaning given by section 4AA of the Crimes Act 21 1914. 22 (2) A corporation must not sell, offer or expose for sale or supply a 23 gaming machine or a poker machine that provides for free spins or 24 free games to be triggered during a game. 25 Maximum civil penalty: 2,000 penalty units. 26 Note: penalty unit has the meaning given by section 4AA of the Crimes Act 27 1914. 28 18 Spin rate 29 (1) A corporation must not manufacture a gaming machine or a poker 30 machine that has a spin rate of less than 5 seconds. Poker Machine Harm Minimisation Bill 2008 No. , 2008 15 [Page Break] mach ines and poker mach ines Section 18 1 Maximum civil penalty: 2,000 penalty units. 2 Note: penalty unit has the meaning given by section 4AA of the Crimes Act 3 1914. 4 (2) A corporation must not sell, offer or expose for sale or supply a 5 gaming machine or a poker machine that has a spin rate of less 6 than 5 seconds. 7 Maximum civil penalty: 2,000 penalty units. 8 Note: penalty unit has the meaning given by section 4AA of the Crimes Act 9 1914. 10 16 Poker Machine Harm Minimisation Bill 2008 No. , 2008 [Page Break] on behalf of banks, credit unions and other financial institutions Part 3 Section 19 1 2 Part 3--Technical requirements relating to 3 automatic teller machines owned or 4 operated by or on behalf of banks, credit 5 unions and other financial institutions 6 7 19 Application 8 This Part applies to any bank, credit union or other financial 9 institution: 10 (a) that owns or operates a cash facility that is installed at a 11 licensed venue; or 12 (b) on behalf of whom a cash facility is operated at a licensed 13 venue. 14 20 Limiting withdrawals and advances from cash facilities 15 (1) A bank, credit union or other financial institution must not operate 16 a cash facility, or allow a cash facility to be operated on its behalf, 17 at a licensed venue that allows a cardholder to obtain by means of 18 that facility, in any one transaction on any one debit card or credit 19 card, an amount of cash greater than $100. 20 Maximum civil penalty: 2,000 penalty units. 21 Note: penalty unit has the meaning given by section 4AA of the Crimes Act 22 1914. 23 (2) A bank, credit union or other financial institution must not operate 24 a cash facility, or allow a cash facility to be operated on its behalf, 25 at a licensed venue that allows a cardholder to obtain by means of 26 that facility, in total transactions on any one day on any one debit 27 card or credit card, an amount of cash greater than $100. 28 Maximum civil penalty: 2,000 penalty units. 29 Note: penalty unit has the meaning given by section 4AA of the Crimes Act 30 1914. 31 Poker Machine Harm Minimisation Bill 2008 No. , 2008 17 [Page Break] terminals Section 21 1 2 Part 4--Technical requirements on corporations 3 that manufacture or supply cash-back 4 terminals 5 6 21 Application 7 This Part applies to: 8 (a) any corporation that manufactures cash-back terminals for 9 use in the Australian jurisdiction, an external Territory, on an 10 Australian vessel or on a vessel that is not an Australian 11 vessel but which navigates in the Australian jurisdiction; and 12 (b) any corporation that sells, offers or exposes for sale or 13 supplies cash-back terminals for use in the Australian 14 jurisdiction, an external Territory, on an Australian vessel or 15 on a vessel that is not an Australian vessel but which 16 navigates in the Australian jurisdiction, whether those 17 terminals are manufactured within the Australian jurisdiction 18 or not. 19 22 Maximum rede mption amount for cash-back terminals 20 (1) A corporation must not manufacture a cash-back terminal that 21 allows a player, by means of entering a gaming machine ticket into 22 the cash-back terminal, to redeem more than $100 in a single 23 transaction. 24 Maximum civil penalty: 2,000 penalty units. 25 Note: penalty unit has the meaning given by section 4AA of the Crimes Act 26 1914. 27 (2) A corporation must not sell, offer or expose for sale or supply a 28 cash-back terminal that allows a player, by means of entering a 29 gaming machine ticket into the cash-back terminal, to redeem more 30 than $100 in a single transaction. 31 Maximum civil penalty: 2,000 penalty units. 18 Poker Machine Harm Minimisation Bill 2008 No. , 2008 [Page Break] Part 4 Section 22 1 Note: penalty unit has the meaning given by section 4AA of the Crimes Act 2 1914. 3 Poker Machine Harm Minimisation Bill 2008 No. , 2008 19 [Page Break] Di vision A Obtaining an order for a civ il penalty Section 23 1 2 Part 5--Civil penalties 3 Division A--Obtaining an order for a civil penalty 4 23 Federal Court may order person to pay pecuniary penalty for 5 contravening civil penalty provision 6 Application for order 7 (1) Within 6 years of a person (the wrongdoer) contravening a civil 8 penalty provision, the Minister may apply on behalf of the 9 Commonwealth to the Federal Court for an order that the 10 wrongdoer pay the Commonwealth a pecuniary penalty. 11 Court may order wrongdoer to pay pecuniary penalty 12 (2) If the Court is satisfied that the wrongdoer has contravened a civil 13 penalty provision, the Court may order the wrongdoer to pay to the 14 Commonwealth for each contravention the pecuniary penalty that 15 the Court determines is appropriate (but not more than the relevant 16 amount specified for the provision). 17 Determining amount of pecuniary penalty 18 (3) In determining the pecuniary penalty, the Court must have regard 19 to all relevant matters, including: 20 (a) the nature and extent of the contravention; and 21 (b) the circumstances in which the contravention took place; and 22 (c) whether the person has previously been found by the Court in 23 proceedings under this Act to have engaged in any similar 24 conduct. 25 Conduct contravening more than one civil penalty provision 26 (4) If conduct constitutes a contravention of two or more civil penalty 27 provisions, proceedings may be instituted under this Act against a 28 person in relation to the contravention of any one or more of those 29 provisions. However, the person is not liable to more than one 20 Poker Machine Harm Minimisation Bill 2008 No. , 2008 [Page Break] Section 24 1 pecuniary penalty under this section in respect of the same 2 conduct. 3 24 What is a civil penalty provision? 4 A subsection of this Act (or a section of this Act that is not divided 5 into subsections) is a civil penalty provision if the words "civil 6 penalty" and an amount in penalty units is set out at the foot of the 7 subsection (or section). 8 25 Contravening a civil penalty provision is not an offence 9 A contravention of a civil penalty provision is not an offence. 10 26 Persons involved in contravening civil penalty provision 11 (1) A person must not: 12 (a) aid, abet, counsel or procure a contravention of a civil 13 penalty provision; or 14 (b) induce (by threats, promises or otherwise) a contravention of 15 a civil penalty provision; or 16 (c) be in any way directly or indirectly knowingly concerned in, 17 or party to, a contravention of a civil penalty provision; or 18 (d) conspire to contravene a civil penalty provision. 19 (2) This Division applies to a person who contravenes subsection (1) 20 in relation to a civil penalty provision as if the person had 21 contravened the provision. 22 27 Recovery of a pecuniary penalty 23 If the Federal Court orders a person to pay a pecuniary penalty: 24 (a) the penalty is payable to the Commonwealth; and 25 (b) the Commonwealth may enforce the order as if it were a 26 judgment of the Court. Poker Machine Harm Minimisation Bill 2008 No. , 2008 21 [Page Break] Di vision B Enforceable undertakings relating to contraventions of civil penalty provisions Section 28 1 Division B--Enforceable undertakings relating to 2 contraventions of civil penalty provisions 3 28 Acceptance of undertakings relating to contraventions of civil 4 penalty provisions 5 (1) This section applies if the Minister considers that an action taken 6 by a body corporate after the commencement of this section 7 contravened one or more civil penalty provisions of Parts 2, 3 and 8 4. 9 (2) The Minister may accept a written undertaking given by an 10 executive officer on behalf of the body corporate in relation to the 11 action, in which the body corporate: 12 (a) undertakes to pay a specified amount, within a specified 13 period to the Commonwealth; or 14 (b) any other undertaking in connection with that contravention. 15 (3) The executive officer on behalf of the body corporate may 16 withdraw or vary the undertaking at any time, but only with the 17 consent of the Minister. 18 29 Enforce ment of undertakings 19 (1) If the Minister considers that an executive officer who gave an 20 undertaking under section 28 or the body corporate on behalf of 21 which an undertaking was given under section 28 has breached any 22 of its terms, the Minister may apply to the Federal Court for an 23 order under subsection (2). 24 (2) If the Federal Court is satisfied that the executive officer or the 25 body corporate has breached a term of the undertaking, the Court 26 may make one or more of the following orders: 27 (a) an order directing the executive officer or the body corporate 28 to comply with that term of the undertaking; 29 (b) any other order that the Court considers appropriate. 30 22 Poker Machine Harm Minimisation Bill 2008 No. , 2008 [Page Break] penalty provisionsDivision B Section 30 1 2 Part 6--Miscellaneous 3 30 Regulations 4 The Governor-General may make regulations prescribing matters: 5 (a) required or permitted by this Act to be prescribed; or 6 (b) necessary or convenient to be prescribed for carrying out or 7 giving effect to this Act. Poker Machine Harm Minimisation Bill 2008 No. , 2008 23