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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Gambling Legislation Amendment
(Responsible Gambling) Bill 1999
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Acts 2
Schedules
1 Amendment of Casino Control Act 1992 No 15 3
2 Amendment of Liquor Act 1982 No 147 6
3 Amendment of Lotteries and Art Unions Act 1901 No 34 14
4 Amendment of Public Lotteries Act 1996 No 86 16
5 Amendment of Racing Administration Act 1998 No 114 19
6 Amendment of Registered Clubs Act 1976 No 31 21
7 Amendment of Totalizator Act 1997 No 45 29
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 1999
New South Wales
Gambling Legislation Amendment
(Responsible Gambling) Bill 1999
Act No , 1999
An Act to amend certain Acts to minimise the harm associated with the misuse and
abuse of gambling activities, to promote the responsible conduct of gambling
activities, and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Gambling Legislation Amendment (Responsible Gambling) Bill 1999
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Gambling Legislation Amendment (Responsible
Gambling) Act 1999.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Acts
The Acts specified in Schedules 17 are amended as set out in those
Schedules.
Page 2
Gambling Legislation Amendment (Responsible Gambling) Bill 1999
Amendment of Casino Control Act 1992 No 15 Schedule 1
Schedule 1 Amendment of Casino Control Act 1992
No 15
(Section 3)
[1] Section 64 Training courses for employees
Omit "operations" from section 64 (1).
Insert instead "operations and responsible practices in relation to the
conduct of gaming activities".
[2] Section 76 Junkets and inducements
Insert at the end of section 76 (1):
, or
(c) the offering to persons individually of inducements to
apply for review of exclusion orders.
[3] Section 80 Review of exclusion order
Insert after section 80 (5):
(5A) The regulations may make provision for or with respect to
matters to be taken into consideration by the Authority in
making its decision with respect to an application for review of
an exclusion order.
[4] Section 82 Duration and revocation of exclusion orders
Insert at the end of section 82:
(5) The regulations may make provision for or with respect to
matters to be taken into consideration by the person who gave
an exclusion order before the person decides to revoke the
order.
Page 3
Gambling Legislation Amendment (Responsible Gambling) Bill 1999
Schedule 1 Amendment of Casino Control Act 1992 No 15
[5] Section 84 Excluded person not to enter casino
Insert at the end of the section:
(2) A court that finds a person guilty of an offence against this
section may, if satisfied (after taking into account any evidence
that the court thinks it proper to consider) that the person has
a problem arising from the person's gambling activities,
postpone its decision as to the imposition of a penalty on
condition that the person agrees to undergo such gambling
counselling, for such a period not exceeding 12 months, as is
specified by the court.
(3) A court that postpones its decision as to the imposition of a
penalty for a period under subsection (2) is to make its
decision:
(a) as soon as practicable after the end of the period, or
(b) if, during the period the person concerned advises the
court that he or she does not intend to continue to
undergo the gambling counselling, as soon as
practicable after receiving that advice, or
(c) if, during the period the court is satisfied that the person
has failed to undergo the gambling counselling, as soon
as practicable after being so satisfied.
(4) In making its decision under subsection (3), the court is to take
into consideration whether the person concerned has
undergone the gambling counselling as agreed.
(5) In this section:
gambling counselling means counselling that a court considers
would be beneficial in assisting a person to avoid any
financial, social or other harm that the court is satisfied has
arisen or is likely to arise from the person's gambling activities.
Page 4
Gambling Legislation Amendment (Responsible Gambling) Bill 1999
Amendment of Casino Control Act 1992 No 15 Schedule 1
[6] Section 169A
Insert after section 169:
169A Remedial orders
(1) A court that finds a casino operator guilty of an offence against
this Act or the regulations, being an offence that is prescribed
by the regulations for the purposes of this section, may, in
addition or as an alternative to any penalty that it may impose
for the offence, make either or both of the following orders:
(a) an order requiring the casino operator to publish an
advertisement correcting any information contained in
any advertising concerning any game played or gaming
equipment provided in a casino that the court is
satisfied on evidence before it is false, misleading or
deceptive and giving directions (if any) that the court
considers appropriate as to the time, form, extent and
manner of publication,
(b) an order requiring any one or more of the following:
(i) the casino operator,
(ii) if the casino operator is a corporation, a director
of the corporation or a person concerned in the
management of the corporation,
(iii) a special employee within the meaning of Part 4,
to undertake any specified course of training that the
court considers will promote responsible practices in the
conduct of gambling activities in the casino.
(2) A person who, without lawful excuse, fails to comply with an
order under this section is guilty of an offence.
Maximum penalty: 20 penalty units.
Page 5
Gambling Legislation Amendment (Responsible Gambling) Bill 1999
Schedule 2 Amendment of Liquor Act 1982 No 147
Schedule 2 Amendment of Liquor Act 1982 No 147
(Section 3)
[1] Section 2A Liquor harm minimisation is a primary object of this Act
Insert "liquor" before "harm minimisation" wherever occurring.
[2] Section 2B
Insert after section 2A:
2B Gambling harm minimisation and responsible conduct of
gambling activities are primary objects of the Act
(1) Other primary objects of this Act are:
(a) gambling harm minimisation, that is, the minimisation
of harm associated with the misuse and abuse of
gambling activities, and
(b) the fostering of responsible conduct of gambling
activities.
(2) The court, the Board, the Director, the Commissioner of Police
and all other persons having functions under this Act are
required to have due regard to the need for gambling harm
minimisation and to foster the responsible conduct of gambling
activities when exercising functions under this Act. In
particular, due regard is to be had to the need for gambling
harm minimisation when considering for the purposes of this
Act what is or is not in the public interest.
[3] Section 17B
Insert after section 17A:
17B Remedial orders
(1) The court may, in addition to or as an alternative to any
requirement that it makes or penalty that it imposes in any
proceedings before it in relation to a complaint or in which it
finds any person guilty of an offence against this Act or the
Page 6
Gambling Legislation Amendment (Responsible Gambling) Bill 1999
Amendment of Liquor Act 1982 No 147 Schedule 2
regulations, being an offence prescribed by the regulations for
the purposes of this section, do either or both of the following:
(a) require a person to publish an advertisement correcting
any information contained in any advertising concerning
any gambling activities authorised by or under this Act
that are conducted at the licensed premises concerned
that the court is satisfied on the evidence before it is
false, misleading or deceptive and give directions (if
any) that the court considers appropriate as to the time,
form, extent and manner of publication,
(b) require a licensee, manager or any other person involved
in the conduct of gambling activities at the licensed
premises to undertake any specified course of training
that the court considers will promote responsible
practices in the conduct of gambling activities at the
licensed premises.
(2) A person who, without lawful excuse, fails to comply with an
order under this section is guilty of an offence.
Maximum penalty: 20 penalty units.
[4] Section 20 Conditions of licences
Insert "or section 125D (Responsible conduct of gambling activities)" after
"(Responsible service)" in section 20 (2) (a1).
[5] Section 20 (4B)
Insert after section 20 (4A):
(4B) It is a condition of a hotelier's licence that the licensee comply
with any reasonable direction in writing given by the Director
in accordance with the regulations with respect to action to be
taken or practices to be adopted to minimise harm associated
with the misuse and abuse of gambling activities.
Page 7
Gambling Legislation Amendment (Responsible Gambling) Bill 1999
Schedule 2 Amendment of Liquor Act 1982 No 147
[6] Section 68 Grounds for complaint
Insert at the end of section 68 (1) and omit "or" from section 68 (1) (i):
, or
(k) that the licensee or manager has engaged in conduct or
activities in relation to gambling at the licensed
premises that have encouraged, or are likely to
encourage, the misuse and abuse of gambling activities.
[7] Section 125D
Insert after section 125C:
125D Responsible conduct of gambling activities
(1) The regulations may make provision for or with respect to
requiring or encouraging the adoption of responsible practices
in relation to the gambling activities that may lawfully be
conducted at licensed premises.
(2) In particular, the regulations may make provision for or with
respect to the following:
(a) restricting or prohibiting the conduct of promotions or
other activities (including advertising),
(b) the standards to be observed on licensed premises for
the conduct of responsible gambling activities,
(c) requiring licensees, managers or other persons involved
or proposing to be involved in the conduct of gambling
activities at licensed premises to undergo courses of
training that will promote responsible practices in the
conduct of those activities,
(d) the prohibition or restriction of the offering of
inducements, or inducements of a kind, specified in the
regulations,
(e) the information to be provided and signs to be displayed
about gambling activities at licensed premises,
(f) the notices to be displayed with respect to the
availability of counselling in respect of financial, social
or other problems that may arise in connection with
gambling,
Page 8
Gambling Legislation Amendment (Responsible Gambling) Bill 1999
Amendment of Liquor Act 1982 No 147 Schedule 2
(g) requiring facilities on licensed premises for the
withdrawal or transfer of money from banks and
authorised deposit-taking institutions (such as ATMs
and EFTPOS) to be installed or located in parts of the
premises that are separate from parts of those premises
where gambling activities are conducted,
(h) the provision of anonymity at the request of a gambler
who has won a major prize.
(3) The regulations under this section may create offences
punishable by a penalty not exceeding 50 penalty units.
(4) It is the intention of Parliament that regulations under this
section will be made as soon as practicable after the date of
assent to the Gambling Legislation Amendment (Responsible
Gambling) Act 1999.
[8] Section 125F
Insert after section 125E:
125F Industry codes of practice
(1) For the purpose of providing practical guidance for the
promotion of responsible practices in the conduct of gambling
activities at licensed premises, the Minister is, within 6 months
after the date of assent to the Gambling Legislation Amendment
(Responsible Gambling) Act 1999, to approve an industry code
of practice that sets out the standards to be observed by
licensed premises for the responsible conduct of gambling
activities.
(2) The Minister may approve as an industry code of practice any
code, standard or document relating to such standards prepared
or formulated by the Australian Hotels Association (NSW) or
any other body or authority.
(3) The Minister may approve any amendment of the code of
practice or revoke the approval of the code of practice.
(4) The Minister is to publish in the Gazette:
(a) the approved code of practice, and
(b) any approved amendment of the code of practice, and
(c) the revocation of an approval of a code of practice.
Page 9
Gambling Legislation Amendment (Responsible Gambling) Bill 1999
Schedule 2 Amendment of Liquor Act 1982 No 147
(5) The Minister is to cause a copy of the approved code of
practice and, if any amendment to the code has been approved,
a copy of the amendment, to be made available for inspection
by members of the public without charge at the offices of the
Department of Gaming and Racing during normal office hours.
[9] Sections 126A and 126B
Insert after section 126:
126A Prohibition on extension of credit for gambling
(1) A responsible person for licensed premises must not extend, or
offer to extend, a cash advance or any other form of credit to
another person for the purpose of enabling the other person to
gamble at the licensed premises.
Maximum penalty: 50 penalty units.
(2) Subsection (1) does not apply to the extension of a cash
advance in the form of a prize or bonus provided as referred to
in section 20 (4A).
(3) In this section:
responsible person for licensed premises means the following:
(a) the licensee,
(b) the manager of the premises,
(c) an agent or employee of the licensee or manager,
(d) a person acting or purporting to act on behalf of the
licensee or manager.
126B Misrepresentation or misdescription of credit transactions
(1) A responsible person for licensed premises must not, in any
transaction involving a payment to the licensed premises by
means of a credit facility provided by a bank or authorised
deposit-taking institution, describe or represent any cash
advance extended to another person who the responsible person
knows, or could reasonably be expected to know, intends to use
the cash advance to gamble at the licensed premises to be a
payment for goods or services lawfully provided on the
licensed premises or elsewhere.
Maximum penalty: 50 penalty units.
Page 10
Gambling Legislation Amendment (Responsible Gambling) Bill 1999
Amendment of Liquor Act 1982 No 147 Schedule 2
(2) In this section:
responsible person has the same meaning as it has in section
126A.
[10] Section 150B
Insert after section 150A:
150B Liability with respect to self-exclusion schemes
(1) In this section:
self-exclusion scheme means a scheme:
(a) in which a person ("the participant") is prevented, at his
or her own request, from entering or remaining on any
part or parts of licensed premises used for gambling,
and
(b) that is conducted by the licensed premises in
accordance with any requirements prescribed by the
regulations for the purposes of this section.
(2) It is lawful for a responsible person for licensed premises,
using no more force than is reasonable in the circumstances:
(a) to prevent a participant in a self-exclusion scheme from
entering those parts of the premises used for gambling,
and
(b) to remove such a person from those parts of the
premises or cause such a person to be removed from
them.
(3) No civil or criminal liability is incurred by a responsible person
for licensed premises for any act done or omitted in good faith
and in accordance with this section to or in respect of a
participant in a self-exclusion scheme conducted at the licensed
premises.
(4) In this section:
responsible person for licensed premises means the following:
(a) the licensee,
(b) the manager of the premises,
(c) an agent or employee of the licensee or manager,
Page 11
Gambling Legislation Amendment (Responsible Gambling) Bill 1999
Schedule 2 Amendment of Liquor Act 1982 No 147
(d) any other person involved in the conduct of gambling
activities at the premises.
[11] Section 158A
Insert after section 158:
158A Card-operated approved amusement devices
(1) Without limiting section 158, the Board may declare that a
device is an approved amusement device under that section if
the device is a device that can be operated by means of a card
of a kind or kinds prescribed by the regulations.
(2) The Board may declare a device to be an approved amusement
device as referred to in subsection (1) only if the Board
considers that the device complies with the requirements of the
regulations (if any) prescribed for approved amusement
devices for the purposes of this section.
(3) The regulations may make provision for or with respect to
cards for the operation of approved amusement devices, and in
particular with respect to the following:
(a) the kinds of cards that may be used to operate approved
amusement devices,
(b) the persons who may provide cards,
(c) the kinds of information that may be stored on cards,
(d) measures for the security and integrity of cards,
(e) the maximum amount of credit that may be stored
electronically on a card,
(f) the conditions on which cards are provided,
(g) the storing of credit on cards and the redemption of
credit stored on cards,
(h) the provision of a facility for the holder of a card to set
a limit on the amount of credit that may be stored on the
card,
(i) the provision of a facility for the holder of a card to
have the card disabled so that it cannot be used to
operate an approved amusement device,
Page 12
Gambling Legislation Amendment (Responsible Gambling) Bill 1999
Amendment of Liquor Act 1982 No 147 Schedule 2
(j) inducements to use cards (such as bonus points or
rewards), and the advertising or promotion of such
inducements,
(k) access to information stored on cards or about the use of
cards (whether any particular card or cards in general).
[12] Section 165 Conditions relating to prizes
Insert "or a credit stored in a card" after "money" in section 165 (4).
Page 13
Gambling Legislation Amendment (Responsible Gambling) Bill 1999
Schedule 3 Amendment of Lotteries and Art Unions Act 1901 No 34
Schedule 3 Amendment of Lotteries and Art Unions
Act 1901 No 34
(Section 3)
[1] Section 4A Certain organisations authorised to conduct games of
chance
Insert after section 4A (4):
(4A) An application for a permit under this section may not be made
by or on behalf of a person who is under the age of 18 years.
[2] Section 4B Lotteries and games of chance for the promotion of trade
Insert after section 4B (4):
(4A) An application for a permit under this section may not be made
by or on behalf of a person who is under the age of 18 years.
[3] Section 4C Games of chance in registered clubs
Insert after section 4C (4):
(4AA) An application for a permit under this section may not be made
by or on behalf of a person who is under the age of 18 years.
[4] Section 4D Sweepstakes in relation to Melbourne Cup and other events
Insert after section 4D (5):
(5A) An application for a permit under this section may not be made
by or on behalf of a person who is under the age of 18 years.
[5] Section 6 Conditions and permits for art unions
Insert after section 6 (2):
(2A) An application for a permit under this section may not be made
by or on behalf of a person who is under the age of 18 years.
Page 14
Gambling Legislation Amendment (Responsible Gambling) Bill 1999
Amendment of Lotteries and Art Unions Act 1901 No 34 Schedule 3
[6] Section 22D
Insert after section 22C:
22D Remedial orders
(1) A court that finds a person guilty of an offence against this Act
or the regulations, being an offence that is prescribed by the
regulations for the purposes of this section, may, by order,
suspend or revoke a permit issued under this Act to the person
or take any other action prescribed by the regulations, in
addition or as an alternative to any penalty that it may impose
in respect of the offence.
(2) A person who, without lawful excuse, fails to comply with an
order under this section is guilty of an offence.
Maximum penalty: 20 penalty units.
[7] Section 23 Regulations
Insert after section 23 (1) (n):
(o) Restricting or prohibiting the conduct of promotions or
other activities (including advertising) relating to lottery
activities.
(p) The information to be provided and signs to be
displayed at venues where games of chance are to be
conducted.
Page 15
Gambling Legislation Amendment (Responsible Gambling) Bill 1999
Schedule 4 Amendment of Public Lotteries Act 1996 No 86
Schedule 4 Amendment of Public Lotteries Act 1996
No 86
(Section 3)
[1] Section 10 Application for licence
Insert after section 10 (2):
(3) An application may not be made by or on behalf of a person
who is under the age of 18 years.
[2] Section 24A
Insert after section 24:
24A Display of notice that minors prohibited from entering lottery
A licensee or agent must display a notice to the effect that
persons under 18 years of age are prohibited from entering a
public lottery in a prominent position at the place where entries
are accepted at the time the licensee or agent accepts any entry
in a public lottery.
Maximum penalty: 10 penalty units.
[3] Section 39 Advertising of public lotteries
Insert after section 39 (1):
(1A) A court that finds a person guilty of an offence under this
section may, in addition or as an alternative to any penalty that
it may impose for the offence, make either or both of the
following orders:
(a) an order requiring the person to publish an
advertisement correcting any information contained in
the public lottery advertising concerned that the court is
satisfied is false, misleading or deceptive and giving
directions (if any) that the court considers appropriate as
to the time, form, extent and manner of publication,
(b) an order requiring any one or more of:
(i) the person, or
Page 16
Gambling Legislation Amendment (Responsible Gambling) Bill 1999
Amendment of Public Lotteries Act 1996 No 86 Schedule 4
(ii) if the person is a corporation, a director of the
corporation or a person concerned in the
management of the corporation, or
(iii) an employee of the person (including a key
employee),
to undertake any specified course of training that the
court considers will promote responsible practices in the
conduct of public lotteries by the person.
(2) A person who, without lawful excuse, fails to comply with an
order under this section is guilty of an offence.
Maximum penalty: 20 penalty units.
[4] Section 42A
Insert after section 42:
42A Advertising of alleged method for winning prohibited
A person who advertises by any means that the person or some
other person will accept any money or other reward in return
for information relating to:
(a) a particular method of entering in or subscribing to a
public lottery, being a method of a kind prescribed by
the regulations, or
(b) making or selecting a particular entry in such a public
lottery,
that it is claimed may, or will, increase the chances of winning
a prize in a lottery is guilty of an offence.
Maximum penalty: 20 penalty units.
[5] Section 46 Minor not to enter public lottery
Omit "2 penalty units". Insert instead "5 penalty units".
Page 17
Gambling Legislation Amendment (Responsible Gambling) Bill 1999
Schedule 4 Amendment of Public Lotteries Act 1996 No 86
[6] Section 83A
Insert after section 83:
83A Responsible conduct of gambling activities
(1) The regulations may make provision for or with respect to
requiring or encouraging the adoption of responsible practices
in the conduct of public lotteries.
(2) In particular, the regulations may make provision for or with
respect to the following:
(a) the standards to be observed for the conduct of
responsible gambling activities,
(b) the prohibition or restriction of the offering of
inducements, or inducements of a kind, specified by the
regulations,
(c) the information to be provided and signs to be displayed
with respect to the conduct of, entry into and
subscription to public lotteries,
(d) without limiting paragraph (c), the inclusion on each
entry or ticket for a public lottery of:
(i) a warning notice about gambling, and
(ii) the name and contact details of a gambling
counselling service specified, or of a kind
specified, by the regulations.
(3) The regulations under this section may create offences
punishable by a penalty not exceeding 50 penalty units.
(4) It is the intention of Parliament that regulations under this
section will be made as soon as practicable after the date of
assent to the Gambling Legislation Amendment (Responsible
Gambling) Act 1999.
Page 18
Gambling Legislation Amendment (Responsible Gambling) Bill 1999
Amendment of Racing Administration Act 1998 No 114 Schedule 5
Schedule 5 Amendment of Racing Administration Act
1998 No 114
(Section 3)
[1] Section 35A
Insert after section 35:
35A Remedial orders
(1) A court that finds a person guilty of an offence against this Act
or the regulations, being an offence prescribed by the
regulations for the purposes of this section, may, in addition or
as an alternative to any penalty that it may impose for the
offence, make either or both of the following orders:
(a) an order requiring the person to publish an
advertisement correcting any information contained in
any betting information or advertisement published by
the person that the court is satisfied on the evidence
before it is false, misleading or deceptive and giving
directions (if any) that the court considers appropriate as
to the time, form, extent and manner of publication,
(b) an order requiring any one or more of the following:
(i) the person,
(ii) if the person is a corporation, a director of the
corporation or a person concerned in the
management of the corporation,
(iii) an employee of the person,
to undertake any specified course of training that the
court considers will promote responsible practices in the
conduct of betting activities by the person.
(2) A person who, without lawful excuse, fails to comply with an
order under this section is guilty of an offence.
Maximum penalty: 20 penalty units.
Page 19
Gambling Legislation Amendment (Responsible Gambling) Bill 1999
Schedule 5 Amendment of Racing Administration Act 1998 No 114
[2] Section 37 Regulations
Insert at the end of the section:
(3) The regulations may make provision for or with respect to
requiring or encouraging the adoption of responsible practices
in the conduct of betting authorised by or under this Act.
(4) In particular, the regulations may make provision for or with
respect to the following:
(a) restricting or prohibiting the conduct of promotions or
other activities (including advertising),
(b) the standards to be observed for the conduct of
responsible gambling activities,
(c) the notices to be displayed with respect to the
availability of counselling in respect of financial, social
or other problems that may arise in connection with
gambling activities,
(d) the inclusion on each ticket, coupon, token or other
thing sold or issued to a person for the purposes of
placing a bet by a licensed bookmaker of:
(i) a warning notice about gambling, and
(ii) the name and contact details of a gambling
counselling service specified, or of a kind
specified, by the regulations.
(5) The regulations under this section may create offences
punishable by a penalty not exceeding 50 penalty units.
Page 20
Gambling Legislation Amendment (Responsible Gambling) Bill 1999
Amendment of Registered Clubs Act 1976 No 31 Schedule 6
Schedule 6 Amendment of Registered Clubs Act 1976
No 31
(Section 3)
[1] Section 3 Liquor harm minimisation
Insert "liquor" before "harm minimisation" wherever occurring.
[2] Section 3A
Insert after section 3:
3A Gambling harm minimisation and responsible conduct of
gambling activities are primary objects of the Act
(1) Other primary objects of this Act are:
(a) gambling harm minimisation, that is, the minimisation
of harm associated with the misuse and abuse of
gambling activities, and
(b) the fostering of responsible conduct of gambling
activities.
(2) The Licensing Court, the Board, the Director, the
Commissioner of Police and all other persons having functions
under this Act are required to have due regard to the need for
gambling harm minimisation and to foster the responsible
conduct of gambling activities when exercising functions under
this Act. In particular, due regard is to be had to the need for
gambling harm minimisation when considering for the
purposes of this Act what is or is not in the public interest.
[3] Section 9A Conditions relating to certificate of registration
Insert "or 44C (Responsible conduct of gambling activities)" after
"(Responsible service)" in section 9A (1A).
Page 21
Gambling Legislation Amendment (Responsible Gambling) Bill 1999
Schedule 6 Amendment of Registered Clubs Act 1976 No 31
[4] Section 9A
Insert after section 9A (5B):
(5C) It is a condition of a certificate of registration of a club that the
club comply with any reasonable direction in writing given by
the Director in accordance with the regulations with respect to
action to be taken or practices to be adopted to minimise the
harm associated with the misuse and abuse of gambling
activities.
[5] Section 17 Determination of complaints against registered clubs
Insert after section 17 (1AA) (a) (xvi):
(xvii) that the club engaged in conduct or activities in
relation to gambling at the club that have
encouraged, or are likely to encourage, the
misuse and abuse of gambling activities.
[6] Sections 44C, 44D
Insert after section 44B:
44C Responsible conduct of gambling activities
(1) The regulations may make provision for or with respect to
requiring or encouraging the adoption of responsible practices
in relation to gambling activities that may lawfully be
conducted at registered clubs.
(2) In particular, the regulations may make provision for or with
respect to the following:
(a) restricting or prohibiting the conduct of promotions or
other activities (including advertising),
(b) the standards to be observed for the conduct of
responsible gambling activities,
(c) requiring the secretary of a registered club and other
persons engaged or proposing to be engaged in the
administration of the club or in the conduct of gambling
activities at the club to undergo courses of training that
will promote responsible practices in the conduct of
those activities,
Page 22
Gambling Legislation Amendment (Responsible Gambling) Bill 1999
Amendment of Registered Clubs Act 1976 No 31 Schedule 6
(d) the prohibition or restriction of the offering of
inducements, or inducements of a kind, specified by the
regulations,
(e) the information to be provided and signs to be displayed
about gambling activities at a registered club,
(f) the notices to be displayed with respect to the
availability of counselling in respect of financial, social
or other problems that may arise in connection with
gambling,
(g) requiring facilities at registered clubs for the withdrawal
or transfer of money from banks and authorised deposit-
taking institutions (such as ATMs and EFTPOS) to be
installed or located in parts of the premises that are
separate from parts of those premises where gambling
activities are conducted,
(h) the provision of anonymity at the request of a gambler
who has won a major prize.
(3) The regulations under this section may create offences
punishable by a penalty not exceeding 50 penalty units.
(4) It is the intention of Parliament that regulations under this
section will be made as soon as practicable after the date of
assent to the Gambling Legislation Amendment (Responsible
Gambling) Act 1999.
44D Industry codes of practice
(1) For the purpose of providing practical guidance for the
promotion of responsible practices in the conduct of gambling
activities at registered clubs, the Minister is, within 6 months
after the date of assent to the Gambling Legislation Amendment
(Responsible Gambling) Act 1999, to approve an industry code
of practice that sets out the standards to be observed by
registered clubs for the responsible conduct of gambling
activities.
(2) The Minister may approve as an industry code of practice any
code, standard or document relating to such standards prepared
or formulated by the Registered Clubs Association of NSW or
any other body or authority.
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Gambling Legislation Amendment (Responsible Gambling) Bill 1999
Schedule 6 Amendment of Registered Clubs Act 1976 No 31
(3) The Minister may approve any amendment of the code of
practice or revoke the approval of the code of practice.
(4) The Minister is to publish in the Gazette:
(a) the approved code of practice, and
(b) any approved amendment of the code of practice, and
(c) the revocation of an approval of a code of practice.
(5) The Minister is to cause a copy of the approved code of
practice and, if any amendment to the code has been approved,
a copy of the amendment, to be made available for inspection
by members of the public without charge at the offices of the
Department of Gaming and Racing during normal office hours.
[7] Sections 54C and 54D
Insert after section 54B:
54C Prohibition on extension of credit for gambling
(1) A responsible person for a registered club must not extend, or
offer to extend, a cash advance or any other form of credit to
another person for the purpose of enabling the other person to
gamble at the registered club.
Maximum penalty: 50 penalty units.
(2) Subsection (1) does not apply to the extension of a cash
advance in the form of a prize or bonus provided as referred to
in section 9A (5A).
(3) In this section:
responsible person for a registered club means the following:
(a) the secretary of the club,
(b) a director of the club,
(c) an agent or employee of the club,
(d) a person acting or purporting to act on behalf of the
club.
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Gambling Legislation Amendment (Responsible Gambling) Bill 1999
Amendment of Registered Clubs Act 1976 No 31 Schedule 6
54D Misrepresentation or misdescription of credit transactions
(1) A responsible person for a registered club must not, in any
transaction involving a payment to the club by means of a
credit facility provided by a bank or authorised deposit-taking
institution, describe or represent any cash advance extended to
another person who the responsible person knows, or could
reasonably be expected to know, intends to use the cash
advance to gamble at the club to be a payment for goods or
services lawfully provided on the premises of the club or
elsewhere.
Maximum penalty: 50 penalty units.
(2) In this section:
responsible person has the same meaning as it has in section
54C.
[8] Section 65B
Insert after section 65A:
65B Remedial orders
(1) A court that finds a person guilty of an offence against this Act
or the regulations, being an offence that is prescribed by the
regulations for the purposes of this section, may, in addition or
as an alternative to any penalty that it may impose for the
offence, make either or both of the following orders:
(a) an order requiring the person to publish an
advertisement correcting any information contained in
any advertising concerning any gambling activities at
the registered club concerned that the court is satisfied
on the evidence before it is false, misleading or
deceptive and giving directions (if any) that the court
considers appropriate as to the time, form, extent and
manner of publication,
(b) an order requiring any one or more of:
(i) the secretary of the club, or
(ii) a director of the club, or
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Gambling Legislation Amendment (Responsible Gambling) Bill 1999
Schedule 6 Amendment of Registered Clubs Act 1976 No 31
(iii) an employee of the club,
to undertake any specified course of training that the
court considers will promote responsible practices in the
conduct of gambling activities at the club.
(2) A person who, without lawful excuse, fails to comply with an
order under this section is guilty of an offence.
Maximum penalty: 20 penalty units.
[9] Section 77BA
Insert after section 77B:
77BA Card-operated approved poker machines
(1) Without limiting section 77B, the Board may declare that a
device is an approved poker machine under that section if the
machine is a machine that can be operated by means of a card
of a kind or kinds prescribed by the regulations.
(2) The Board may declare a device to be an approved poker
machine as referred to in subsection (1) only if the Board
considers that the device complies with the requirements of the
regulations (if any) prescribed for approved poker machines for
the purposes of this section.
(3) The regulations may make provision for or with respect to
cards for the operation of approved poker machines, and in
particular with respect to the following:
(a) the kinds of cards that may be used to operate approved
poker machines,
(b) the persons who may provide cards,
(c) the kinds of information that may be stored on cards,
(d) measures for the security and integrity of cards,
(e) the maximum amount of credit that may be stored
electronically on a card,
(f) the conditions on which cards are provided,
(g) the storing of credit on cards and the redemption of
credit stored on cards,
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Gambling Legislation Amendment (Responsible Gambling) Bill 1999
Amendment of Registered Clubs Act 1976 No 31 Schedule 6
(h) the provision of a facility for the holder of a card to set
a limit on the amount of credit that may be stored on the
card,
(i) the provision of a facility for the holder of a card to
have the card disabled so that it cannot be used to
operate an approved poker machine,
(j) inducements to use cards (such as bonus points or
rewards), and the advertising or promotion of such
inducements,
(k) access to information stored on cards or about the use of
cards (whether any particular card or cards in general).
[10] Section 132A
Insert after section 132:
132A Liability with respect to self-exclusion schemes
(1) In this section:
self-exclusion scheme means a scheme:
(a) in which a person ("the participant") is prevented, at his
or her own request, from entering or remaining on any
part or parts of registered clubs used for gambling, and
(b) that is conducted by the registered club in accordance
with any requirements prescribed by the regulations for
the purposes of this section.
(2) It is lawful for a responsible person for a registered club, using
no more force than is reasonable in the circumstances:
(a) to prevent a participant in a self-exclusion scheme from
entering those parts of the club used for gambling, and
(b) to remove such a person from those parts of the club or
cause such a person to be removed from them.
(3) No civil or criminal liability is incurred by a responsible person
for a registered club for any act done or omitted in good faith
and in accordance with this section to or in respect of a
participant in a self-exclusion scheme conducted at the club.
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Gambling Legislation Amendment (Responsible Gambling) Bill 1999
Schedule 6 Amendment of Registered Clubs Act 1976 No 31
(4) In this section:
responsible person means:
(a) the secretary of the club,
(b) a director of the club,
(c) an agent or employee of the club,
(d) any other person involved in the conduct of gambling at
the club.
Page 28
Gambling Legislation Amendment (Responsible Gambling) Bill 1999
Amendment of Totalizator Act 1997 No 45 Schedule 7
Schedule 7 Amendment of Totalizator Act 1997 No 45
(Section 3)
[1] Section 103A
Insert after section 103:
103A Remedial orders
(1) A court that finds a person guilty of an offence against this Act
or the regulations, being an offence that is prescribed by the
regulations for the purposes of this section, may, in addition or
as an alternative to any penalty it may impose for the offence,
make either or both of the following orders:
(a) an order requiring the person to publish an
advertisement correcting any information contained in
any betting information or advertisement published by
the person that the court is satisfied on the evidence
before it is false, misleading or deceptive and giving
directions (if any) that the court considers appropriate as
to the time, form, extent and manner of publication,
(b) an order requiring any one or more of the following:
(i) the person,
(ii) if the person is a corporation, a director of the
corporation or a person concerned in the
management of the corporation,
(iii) an employee of the person,
to undertake any specified course of training that the
court considers will promote responsible practices in the
conduct of betting activities by the person.
(2) A person who, without lawful excuse, fails to comply with an
order under this section is guilty of an offence.
Maximum penalty: 20 penalty units.
Page 29
Gambling Legislation Amendment (Responsible Gambling) Bill 1999
Schedule 7 Amendment of Totalizator Act 1997 No 45
[2] Section 117A
Insert after section 117:
117A Responsible conduct of totalizators, totalizator betting and other
betting activities
(1) The regulations may make provision for or with respect to
requiring or encouraging the adoption of responsible practices
in the conduct of totalizators, totalizator betting and any other
betting activities approved under section 13.
(2) In particular, the regulations may make provision for or with
respect to:
(a) the standards to be observed for the conduct of
gambling activities,
(b) the prohibition or restriction of the offering of
inducements, or of inducements of a kind, specified by
the regulations,
(c) the notices to be displayed with respect to the
availability of counselling in respect of financial, social
or other problems that may arise in connection with
gambling,
(d) the inclusion on each betting ticket issued by or on
behalf of a licensee of:
(i) a warning notice about gambling, and
(ii) the name and contact details of a gambling
counselling service specified, or of a kind
specified, by the regulations.
(3) It is the intention of Parliament that regulations under this
section will be made as soon as practicable after the date of
assent to the Gambling Legislation Amendment (Responsible
Gambling) Act 1999.
Page 30
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