PROTECTING PROBLEM GAMBLERS BILL 2009

i Protecting Problem Gamblers Bill 2009 No. , 2009

Contents

Part 1--Preliminary

1 Short

title

...........................................................................................

2 Commencement

.................................................................................

Objects of Act .................................................................................... 2

4 Application

Act

.............................................................................

Relationship with State and Territory law ......................................... 3

6 Definitions

.........................................................................................

7 Meaning

play ................................................................................. 5

Part 2--Technical requirements on corporations that

manufacture or supply gaming machines and poker

machines

8 Application

........................................................................................

Maximum credit that may be entered ................................................ 6

Limit on when credits may be entered ............................................... 7

Maximum bet per spin ....................................................................... 7

Part 3--Civil penalties

Division A--Obtaining an order for a civil penalty

Federal Court may order person to pay pecuniary penalty for

contravening civil penalty provision .................................................. 9

What is a civil penalty provision? .................................................... 10

Contravening a civil penalty provision is not an offence ................. 10

Persons involved in contravening civil penalty provision ............... 10

Recovery of a pecuniary penalty ...................................................... 10

Division B--Enforceable undertakings relating to

contraventions of civil penalty provisions

Acceptance of undertakings relating to contraventions of

civil penalty provisions .................................................................... 11

18 Enforcement

undertakings ........................................................... 11

Part 4--Miscellaneous

18 Regulations

......................................................................................

Section 2

2 Protecting Problem Gamblers Bill 2009 No. , 2009

2 Commencement

This Act commences at the end of 6 months after the day on which

it receives the Royal Assent.

3 Objects of Act

The object of this Act is to protect problem gamblers by reducing

bet limits to $1 per spin and load up limits to $20.

4 Application of Act

Extension to external Territories

(1) This Act extends to Norfolk Island, the Territory of Cocos

(Keeling) Islands and the Territory of Christmas Island.

Limited extraterritorial application

(2) This Act applies to acts, omissions, matters and things in the

Australian jurisdiction, and subject to subsection (3), does not

apply to acts, omissions, matters and things outside the Australian

jurisdiction.

Application outside exclusive economic zone limited to Australian

vessels

(3) A provision of this Act that has effect outside the outer limits of

the exclusive economic zone and the continental shelf applies only

in relation to Australian vessels.

Application to vessels in the Australian jurisdiction inside

exclusive economic zone

(4) A provision of this Act that has effect within the outer limits of the

exclusive economic zone (whether in the zone or in Australia or an

external Territory) or on or in the continental shelf applies in

relation to all vessels (including vessels that are not Australian

vessels).

Section 5

Protecting Problem Gamblers Bill 2009 No. , 2009 3

Note:

A reference to Australia or to an external Territory generally includes

a reference to the coastal sea of Australia or the Territory (as

appropriate). See section 15B of the Acts Interpretation Act 1901.

5 Relationship with State and Territory law

This Act is not intended to exclude or limit the concurrent

operation of any law of a State or Territory, unless the contrary

intention appears.

6 Definitions

In this Act:

accumulated credits means the credits registered on any single

poker machine to the benefit of a player, whether credited to the

machine by a player entering credits or accumulated through

playing the machine.

Australian jurisdiction means the land, waters, seabed and

airspace in, under or above:

(a)

Australia;

(b) an external Territory; or

(d) the continental shelf.

Note:

A reference to Australia or to an external Territory generally includes

a reference to the coastal sea of Australia or the Territory (as

appropriate). See section 15B of the Acts Interpretation Act 1901.

Australian vessel means:

(a) a vessel that is owned, possessed or controlled by:

(i) the Commonwealth or a Commonwealth agency; or

(ii) a State, a self-governing Territory or an agency of a

State or self-governing Territory; or

(b) a vessel that is registered in Australia; or

corporation means a body corporate that:

(a) is a foreign corporation; or

Section 6

4 Protecting Problem Gamblers Bill 2009 No. , 2009

(b) is a trading corporation formed within the limits of Australia

or is a financial corporation so formed; or

(d) is the holding company of a body corporate of a kind referred

to in paragraph (a), (b) or (c).

entering credits: a player enters credits into a poker machine by:

(a) inserting coins or bank notes;

(b) inserting a token, voucher or ticket that represents an amount

of money or has been purchased for an amount of money;

into the machine, or other equipment linked to the machine, to

increase the amount or value of accumulated credits.

executive officer of a body corporate means a person who is

concerned in, or takes part in, the management of the body

corporate.

game, in relation to a gaming machine or a poker machine, means

a play, or a series of plays, initiated by the application of a

monetary credit registered on the machine.

gaming machine has the same meaning as poker machine.

play has the meaning given by section 7.

poker machine means a machine:

(a) designed for playing a game of chance, or of mixed chance

and skill; and

(b) designed to be played completely or partly by:

(i) the insertion of one or more coins, notes or tokens; or

(ii) the application of a monetary credit registered on the

machine or elsewhere; and

monetary or other valuable consideration by playing the

machine.

spin means a sequence of actions and states in a gaming machine

or a poker machine initiated by a player through wagering a single

credit and terminated when the credit wagered has been lost or all

Section 7

Protecting Problem Gamblers Bill 2009 No. , 2009 5

winnings have been transferred to the total wins meter of the

gaming machine or poker machine and the player's credit meter.

total wins meter means a device for recording amounts that, if won

by a player, would be credited to the credit meter of the player's

gaming machine or poker machine.

7 Meaning of play

For the purposes of this Act, a person is taken to play a gaming

machine or a poker machine if the person, directly or indirectly:

(a) inserts a coin, note, gaming token or smart card into the

machine; or

(b) causes gaming machine credits to be registered by the

machine; or

(d) causes the activation of any process relating to the game of

the machine; or

(e) makes or participates in the making of the decisions involved

in playing the machine.

Part 2 Technical requirements on corporations that manufacture or supply gaming

machines and poker machines

Section 8

6 Protecting Problem Gamblers Bill 2009 No. , 2009

Part 2--Technical requirements on corporations

that manufacture or supply gaming

machines and poker machines

8 Application

This Part applies to:

(a) any corporation that manufactures gaming machines or poker

machines for use in the Australian jurisdiction, an external

Territory, on an Australian vessel or on a vessel that is not an

Australian vessel but which navigates in the Australian

jurisdiction; and

(b) any corporation that sells, offers or exposes for sale or

supplies gaming machines or poker machines for use in the

Australian jurisdiction, an external Territory, on an

Australian vessel or on a vessel that is not an Australian

vessel but which navigates in the Australian jurisdiction,

whether those machines are manufactured within the

Australian jurisdiction or not.

9 Maximum credit that may be entered

(1) A corporation must not manufacture a gaming machine or a poker

machine that allows a player to enter:

(a) a banknote with a denomination greater than $20; or

(b) a credit of an amount greater than $20 by any other means in

a single transaction.

Maximum civil penalty:

2,000 penalty units.

Note:

penalty unit has the meaning given by section 4AA of the Crimes Act

1914.

(2) A corporation must not sell, offer or expose for sale or supply a

gaming machine or a poker machine that allows a player to enter:

(a) a banknote with a denomination greater than $20; or

(b) a credit of an amount greater than $20 by any other means in

a single transaction.

Technical requirements on corporations that manufacture or supply gaming machines

and poker machines Part 2

Section 10

Protecting Problem Gamblers Bill 2009 No. , 2009 7

Maximum civil penalty:

2,000 penalty units.

Note:

penalty unit has the meaning given by section 4AA of the Crimes Act

1914.

10 Limit on when credits may be entered

(1) A corporation must not manufacture a gaming machine or a poker

machine that allows a player to enter credits into the machine if the

amount or value of accumulated credits in the machine is greater

than $20.

Maximum civil penalty:

2,000 penalty units.

Note:

penalty unit has the meaning given by section 4AA of the Crimes Act

1914.

(2) A corporation must not sell, offer or expose for sale or supply a

gaming machine or a poker machine that allows a player to enter

credits into the machine if the amount or value of accumulated

credits in the machine is greater than $20.

Maximum civil penalty:

2,000 penalty units.

Note:

penalty unit has the meaning given by section 4AA of the Crimes Act

1914.

(3) This section does not apply in relation to credits accumulated on a

gaming machine or a poker machine through the player playing

that machine.

11 Maximum bet per spin

(1) A corporation must not manufacture a gaming machine or a poker

machine that enables a maximum bet greater than $1 per spin.

Maximum civil penalty:

2,000 penalty units.

Note:

penalty unit has the meaning given by section 4AA of the Crimes Act

1914.

(2) A corporation must not sell, offer or expose for sale or supply a

gaming machine or a poker machine that enables a maximum bet

greater than $1 per spin.

Maximum civil penalty:

2,000 penalty units.

Civil penalties Part 3

Obtaining an order for a civil penalty Division A

Section 12

Protecting Problem Gamblers Bill 2009 No. , 2009 9

Part 3--Civil penalties

Division A--Obtaining an order for a civil penalty

12 Federal Court may order person to pay pecuniary penalty for

contravening civil penalty provision

Application for order

(1) Within 6 years of a person (the wrongdoer) contravening a civil

penalty provision, the Minister may apply on behalf of the

Commonwealth to the Federal Court for an order that the

wrongdoer pay the Commonwealth a pecuniary penalty.

Court may order wrongdoer to pay pecuniary penalty

(2) If the Court is satisfied that the wrongdoer has contravened a civil

penalty provision, the Court may order the wrongdoer to pay to the

Commonwealth for each contravention the pecuniary penalty that

the Court determines is appropriate (but not more than the relevant

amount specified for the provision).

Determining amount of pecuniary penalty

(3) In determining the pecuniary penalty, the Court must have regard

to all relevant matters, including:

(a) the nature and extent of the contravention; and

(b) the circumstances in which the contravention took place; and

proceedings under this Act to have engaged in any similar

conduct.

Conduct contravening more than one civil penalty provision

(4) If conduct constitutes a contravention of two or more civil penalty

provisions, proceedings may be instituted under this Act against a

person in relation to the contravention of any one or more of those

provisions. However, the person is not liable to more than one

pecuniary penalty under this section in respect of the same

conduct.

Part 3 Civil penalties

Division A Obtaining an order for a civil penalty

Section 13

10 Protecting Problem Gamblers Bill 2009 No. , 2009

13 What is a civil penalty provision?

A subsection of this Act (or a section of this Act that is not divided

into subsections) is a civil penalty provision if the words "civil

penalty" and an amount in penalty units is set out at the foot of the

subsection (or section).

14 Contravening a civil penalty provision is not an offence

A contravention of a civil penalty provision is not an offence.

15 Persons involved in contravening civil penalty provision

(1) A person must not:

(a) aid, abet, counsel or procure a contravention of a civil

penalty provision; or

(b) induce (by threats, promises or otherwise) a contravention of

a civil penalty provision; or

or party to, a contravention of a civil penalty provision; or

(d) conspire to contravene a civil penalty provision.

(2) This Division applies to a person who contravenes subsection (1)

in relation to a civil penalty provision as if the person had

contravened the provision.

16 Recovery of a pecuniary penalty

If the Federal Court orders a person to pay a pecuniary penalty:

(a) the penalty is payable to the Commonwealth; and

(b) the Commonwealth may enforce the order as if it were a

judgment of the Court.

Civil penalties Part 3

Enforceable undertakings relating to contraventions of civil penalty provisions

Division B

Section 17

Protecting Problem Gamblers Bill 2009 No. , 2009 11

Division B--Enforceable undertakings relating to

contraventions of civil penalty provisions

17 Acceptance of undertakings relating to contraventions of civil

penalty provisions

(1) This section applies if the Minister considers that an action taken

by a body corporate after the commencement of this section

contravened one or more civil penalty provisions of Part 2.

(2) The Minister may accept a written undertaking given by an

executive officer on behalf of the body corporate in relation to the

action, in which the body corporate:

(a) undertakes to pay a specified amount, within a specified

period to the Commonwealth; or

(b) any other undertaking in connection with that contravention.

(3) The executive officer on behalf of the body corporate may

withdraw or vary the undertaking at any time, but only with the

consent of the Minister.

18 Enforcement of undertakings

(1) If the Minister considers that an executive officer who gave an

undertaking under section 17 or the body corporate on behalf of

which an undertaking was given under section 17 has breached any

of its terms, the Minister may apply to the Federal Court for an

order under subsection (2).

(2) If the Federal Court is satisfied that the executive officer or the

body corporate has breached a term of the undertaking, the Court

may make one or more of the following orders:

(a) an order directing the executive officer or the body corporate

to comply with that term of the undertaking;

(b) any other order that the Court considers appropriate.

Commonwealth of Australia Bills

PROTECTING PROBLEM GAMBLERS BILL 2009