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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Gaming Machines Bill 2001
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Objects of gambling harm minimisation and responsible
conduct in relation to gaming machines 2
4 Definitions 2
5 Meaning of "close associate" 7
6 Primary purpose test in respect of hotels 8
7 Lawful keeping and operation of gaming machines 9
8 Gaming machines not used for purposes of gambling 9
9 Subsidiary equipment not included in calculation of
gaming machine numbers 10
Part 2 Limitations on gaming machine numbers
10 Overall State cap on number of gaming machines 11
11 Limit on number of gaming machines in hotels 11
12 Limit on number of gaming machines in clubs 11
13 Large-scale clubs required to reduce number of gaming
machines 11
Gaming Machines Bill 2001
Contents
Page
Part 3 Poker machine entitlements and hardship gaming
machines
Division 1 Preliminary
14 General provisions 13
Division 2 Tradeable poker machine entitlement scheme
15 Initial allocation of poker machine entitlements 13
16 Further allocation of poker machine entitlements and
certificate of entitlements 15
17 Allocation of poker machine entitlements in respect of
certain clubs 15
18 General restrictions on allocation of poker machine
entitlements 15
19 Transfer of poker machine entitlements 16
20 General requirements relating to transfer of poker
machine entitlements 17
21 Other provisions relating to transferring of poker machine
entitlements 18
22 Hoteliers may exchange authorisation to keep approved
amusement devices for poker machine entitlements 19
23 Transfer of poker machine entitlements when hotelier's
licence cancelled or surrendered 19
24 Transfer of poker machine entitlements when club
registration cancelled or surrendered 20
25 Requirement to forfeit poker machine entitlements if
hotelier's licence is removed to other premises 20
Division 3 Hardship gaming machines
26 Application for additional gaming machines on special
grounds 21
27 Hardship applications by hoteliers 21
28 Hardship applications by registered clubs 23
29 Approval to keep hardship gaming machines 24
30 Requirement to forfeit hardship gaming machines in
certain circumstances 24
31 Allocation of poker machine entitlements for hardship
gaming machines 25
Contents page 2
Gaming Machines Bill 2001
Contents
Page
Part 4 Gambling harm minimisation measures
Division 1 Social impact assessment of gaming
machines
32 Application and operation of Division 26
33 Social impact assessment must be provided in connection
with application for authorisation to keep gaming
machines 26
34 Classes of social impact assessment 27
35 Requirements in relation to social impact assessments 27
36 Advertising of application and social impact assessment 27
37 Approval of social impact assessment 28
Division 2 Mandatory shutting down of gaming
machines
38 Interim 3-hour shutdown period to operate until 1 May
2003 29
39 General 6-hour shutdown period after 1 May 2003 30
40 Approval of 3-hour shutdown period on weekends and
public holidays 30
41 Approval of different shutdown periods for "early openers" 31
42 General provisions 32
Division 3 General harm minimisation measures
43 Prohibition on publishing gambling-related advertising 32
44 Prohibition on displaying gambling-related signs 33
45 Regulation of promotional prizes and player reward
schemes 34
46 Provision of problem gambling counselling services 35
47 Responsible conduct in relation to gaming machines 36
48 Industry codes of practice 37
49 Requirement for hotels and clubs to conduct patron "self-
exclusion schemes" 38
Division 4 Specific provisions relating to minors
50 Minors prohibited from operating gaming machines in
hotels or clubs 39
51 Hoteliers and clubs liable for operation of gaming
machines by minors 39
Contents page 3
Gaming Machines Bill 2001
Contents
Page
52 Minors not permitted in gaming machine areas 40
53 Minors required to provide information 40
54 Reasonable evidence of age 41
55 Minors not to be detained 42
Part 5 Administrative controls in relation to gaming machines
Division 1 Authorisation to keep or dispose of gaming
machines
56 Requirement for authorisation to keep or dispose of
gaming machines 43
57 Application for authorisation to keep or dispose of gaming
machines 44
58 Cancellation of authorisations 45
59 Authorisation to keep gaming machines in hotel subject to
primary purpose test 46
60 Gaming machines not permitted in retail shopping centres 46
61 Clubs may keep multi-terminal gaming machines 47
Division 2 Approval of gaming machines by Board
62 Board may approve of technical standards 48
63 Application for declaration of device as approved gaming
machine 48
64 Declaration of approved gaming machines 49
65 Dealer may make representations on investigation of
gaming machine or revocation of declaration 50
66 Non-approved gaming machines may be kept on trial
basis 51
Division 3 Transfer of Board's functions
67 Transfer of Board's functions in relation to approved
gaming machines 51
Part 6 Miscellaneous offences
68 Hotel gaming rooms 53
69 Possession of gaming machines that are not approved 53
70 Possession of approved gaming machine by unauthorised
persons 54
71 Supply and purchase of gaming machines 55
Contents page 4
Gaming Machines Bill 2001
Contents
Page
72 Restrictions on keeping or modification of gaming
machines 56
73 Sharing of receipts from gaming machines 56
74 Granting interests in gaming machines 57
75 Prohibition on gaming machines that provide cash or
credit otherwise than as a prize 57
76 Defective gaming machines 57
77 Protection of sensitive areas of gaming machines 58
78 Modification of gaming machines 59
79 Consignment or movement of gaming machines 60
80 Cheating and unlawful interference with gaming machines 61
81 Illegal advantage gained during design etc of gaming
machines 62
Part 7 Gaming-related licences
Division 1 Preliminary
82 Definitions 64
83 Types of gaming-related licences and authority they
confer 64
Division 2 Requirement for gaming-related licences
84 Manufacturing or assembling of gaming machines 66
85 Sale of gaming machines 66
86 Servicing and repair of gaming machines 68
87 Advice relating to gaming machines 68
Division 3 Licensing scheme
88 Applications for gaming-related licences 69
89 Interim work permits 69
90 Director's report required before application may be
granted 70
91 Disclosure of interested parties 70
92 Updating of applications 71
93 Principal Registrar to refer certain applications to Director 71
94 Investigations by Director 72
95 Director may require further information 72
96 Expenses of investigation of application 73
97 Objections to granting of applications 73
98 Grounds of objection 74
Contents page 5
Gaming Machines Bill 2001
Contents
Page
99 Making of objection 75
100 Discretionary powers of Licensing Court 76
101 Granting of gaming-related licences 76
102 Granting of testing facility licence 77
103 Form of gaming-related licences 77
104 Conditions of gaming-related licences 78
105 Special condition relating to dealer's licence 78
106 Board may require dealers to alter certain gaming
machines 79
107 Duration of gaming-related licences 79
108 Periodic fee for gaming-related licences 79
109 Cancellation for late payment of gaming-related licence
fee 80
110 Application for reinstatement of gaming-related licence 80
111 Board may refund licence fees 81
112 Refund of licence fee on surrender of gaming-related
licence 81
113 Periodic returns by gaming-related licensees 81
Division 4 Key officials
114 Definition 82
115 Restrictions on key officials in relation to gaming-related
licences 83
116 Former key officials 84
Division 5 Other provisions relating to gaming-related
licences
117 Keeping of records 85
118 Control of business carried on under gaming-related
licence 86
119 Standards of competence 86
120 Lost or destroyed gaming-related licence 87
121 Compliance plate for gaming machines 87
122 Provision of financial assistance by gaming-related
licensee 88
123 Cessation of employment of seller, technician or adviser 88
124 Notification of change of employer 89
125 Change in state of affairs of gaming-related licensee 89
126 Gaming-related licensee to display identification 89
Contents page 6
Gaming Machines Bill 2001
Contents
Page
Part 8 Complaints and disciplinary action
127 Interpretation 90
128 Director may carry out investigations in relation to
proposed complaint 90
129 Grounds for making complaint 91
130 Summons to show cause why disciplinary action should
not be taken 93
131 Disciplinary powers of Licensing Court 94
Part 9 Authorised CMS
132 Meaning of "connected" to an authorised CMS 97
133 Requirement for gaming machines to be connected to
authorised CMS 97
134 Monitoring fee payable by hoteliers and registered clubs to
CMS licensee 98
135 Operation of authorised CMS 98
136 Grant of CMS licence 99
137 TAB entitled to CMS licence during exclusive licence
period 100
138 Alterations of conditions of CMS licence 100
139 Control of information obtained by CMS licensee 101
140 Unlawful interference with authorised CMS 102
Part 10 Linked gaming systems
Division 1 Preliminary
141 Definitions 103
142 Operation of Part 104
Division 2 Inter-hotel linked gaming systems
143 Division does not apply to intra-hotel linked gaming
systems 104
144 Keeping of gaming machines in linked gaming system 105
145 Requirement for licence to operate inter-hotel linked
gaming system 105
146 Unlawful operation of inter-hotel linked gaming system by
licensee 105
147 TAB entitled to inter-hotel linked gaming system licence
during exclusive licence period 105
Contents page 7
Gaming Machines Bill 2001
Contents
Page
Division 3 Inter-club linked gaming systems
148 Division does not apply to intra-club linked gaming
systems 106
149 Keeping of gaming machines in linked gaming system 106
150 Requirement for licence to operate inter-club linked
gaming system 106
151 Unlawful operation of inter-club linked gaming system by
licensee 107
152 TAB entitled to inter-club linked gaming system licence
during exclusive licence period 107
Division 4 General provisions
153 Granting of links licences 108
154 Conditions of links licences 109
155 Alteration of conditions of links licences 110
156 Unlawful interference with authorised linked gaming
systems 111
157 Illegal advantage with respect to linked gaming systems 112
158 Removal of linked gaming system from hotels or clubs 112
Part 11 Investment licences
159 Definitions 113
160 Investment licences authorising sale and supply of gaming
machines and investment in profits from them 113
161 Exclusive investment licence 114
162 Joint venture 115
163 Grant of investment licence 115
164 Conditions of investment licence 115
165 Amendment of conditions of investment licence 115
Part 12 General provisions relating to CMS, links and
investment licences
166 Definitions 117
167 Applications for licences 117
168 Consideration and fees for CMS licence or links licences 117
169 Trade Practices exemption for exclusive licences 118
170 No proprietary right in licences 118
171 Term of licences 119
172 Disciplinary action against licensees 119
173 Rectification order as alternative to disciplinary action 121
Contents page 8
Gaming Machines Bill 2001
Contents
Page
174 Temporary suspension of licences 121
175 Surrender of licences 121
176 Appointment of temporary licensee if CMS licence or links
licence suspended, cancelled or surrendered 122
177 Directions to licensees and other relevant persons 123
Part 13 Investigation and enforcement powers
178 Interpretation 125
179 Identification of special inspectors 125
180 General powers of entry, inspection and seizure 125
181 Dealing with seized documents 127
182 Hoteliers and clubs must comply with requirements of
special inspector 127
183 Powers of entry and inspection--gaming machines 128
184 Search warrants--gaming machines 131
185 Forfeiture or return of removed or seized gaming
machines 131
186 Other forfeitures of gaming machines 132
Part 14 Legal proceedings and related matters
Division 1 Appeals and reviews
187 Appeal to Supreme Court on question of law 133
188 Appeal to District Court from conviction 134
189 Appeal to Licensing Court 134
190 Review of disqualification 134
Division 2 General provisions
191 Licensing Court to state reasons for refusal 135
192 Discretionary powers of Licensing Court 135
193 Costs and expenses 135
194 Evidentiary provisions 136
195 Evidence by affidavit 137
196 Prosecution of unincorporated clubs 138
197 Proceedings for offences 138
198 Additional penalties 138
199 Remedial orders 139
200 Offences by corporate hoteliers 140
201 Liability of secretary of club and members of governing
body 140
Contents page 9
Gaming Machines Bill 2001
Contents
Page
202 Liability of management and directors of corporate holder
of a gaming-related licence 141
203 Penalty notices 141
Part 15 Miscellaneous provisions
204 Crown not liable for any compensation 143
205 Directions by Minister and additional functions of Board 143
206 Secrecy 144
207 Protection from personal liability 145
208 Delegations 146
209 Relationship with Environmental Planning and
Assessment Act 1979 146
210 Regulations 147
211 Savings, transitional and other provisions 149
212 Amendment of Liquor Act 1982 No 147 149
213 Amendment of Registered Clubs Act 1976 No 31 149
214 Amendment of Casino Control Act 1992 No 15 149
215 Amendment of other Acts 149
216 Review of Act 149
Schedules
1 Savings, transitional and other provisions 150
2 Amendment of Liquor Act 1982 155
3 Amendment of Registered Clubs Act 1976 163
4 Amendment of Casino Control Act 1992 181
5 Amendment of other Acts 184
Contents page 10
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, , 2001
New South Wales
Gaming Machines Bill 2001
Act No , 2001
An Act to provide for the regulation, control and management of gaming machines
in hotels and registered clubs and for related purposes; to amend the Liquor Act
1982, the Registered Clubs Act 1976, the Casino Control Act 1992 and certain
other Acts with respect to gaming machines and other matters; 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 Gaming Machines Bill 2001
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the Gaming Machines Act 2001.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Objects of gambling harm minimisation and responsible conduct in
relation to gaming machines
(1) A primary object of this Act is gambling harm minimisation, namely:
(a) the minimisation of harm associated with the misuse and abuse
of gambling activities involving approved gaming machines in
hotels and registered clubs, and
(b) the fostering of responsible conduct in relation to the keeping
and operation of approved gaming machines in hotels and
registered clubs.
(2) The Licensing Court, the Board, the Minister, the Director-General, 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 when exercising functions under this Act.
(3) 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.
4 Definitions
(1) In this Act:
adviser's licence means a gaming machine adviser's licence in force
under Part 7.
approved amusement device means a device declared under section
64 to be an approved amusement device and includes:
(a) any subsidiary equipment approved by the Board for use in
connection with the device, and
Page 2
Gaming Machines Bill 2001 Clause 4
Preliminary Part 1
(b) any component of the device (other than a component
prescribed by the regulations as not being part of the device).
approved gaming machine means an approved poker machine or an
approved amusement device.
approved poker machine means a poker machine declared under
section 64 to be an approved poker machine and includes:
(a) any subsidiary equipment approved by the Board for use in
connection with the poker machine, and
(b) any component of the poker machine (other than a component
prescribed by the regulations as not being part of the poker
machine).
authorised CMS means a CMS that is operated under the authority of
a CMS licence.
authorised linked gaming system means:
(a) an authorised inter-hotel linked gaming system within the
meaning of Part 10, or
(b) an authorised inter-club linked gaming system within the
meaning of that Part.
Board means the Liquor Administration Board constituted by section
72 of the Liquor Act 1982.
centralised cash control equipment means any equipment or system
by means of which, in return for a cash payment made to a hotelier or
registered club, the operation of an approved gaming machine kept in
the hotel or club may, without the insertion of money, be commenced
and, at least to the extent of the cash payment, continued.
centralised monitoring system (or CMS) means a system that:
(a) monitors the operation and performance of approved gaming
machines, and
(b) facilitates the calculation and collection of tax under the
Gaming Machine Tax Act 2001 that is payable in respect of
approved gaming machines, and
(c) is capable of performing other related functions.
CMS--see centralised monitoring system.
close associate--see section 5.
CMS licence means a licence in force under Part 9, and CMS licensee
means the holder of a CMS licence.
Page 3
Clause 4 Gaming Machines Bill 2001
Part 1 Preliminary
country hotel means a hotel that is not situated in a metropolitan area.
dealer's licence means a gaming machine dealer's licence in force
under Part 7.
Director means the Director of Liquor and Gaming appointed as
provided by section 6A of the Liquor Act 1982.
Director-General means the Director-General of the Department of
Gaming and Racing.
exercise a function includes perform a duty.
financial institution means:
(a) a banking business within the meaning of the Banking Act 1959
of the Commonwealth or a bank constituted under a law of a
State or Territory, or
(b) a building society within the meaning of the Financial
Institutions (NSW) Code or a law of another State, or of a
Territory, that corresponds to that Code, or
(c) a credit union within the meaning of the Financial Institutions
(NSW) Code or a law of another State, or of a Territory, that
corresponds to that Code.
function includes a power, authority or duty.
gaming machine area of a registered club means any part of the club
in which approved gaming machines are located and which is not
physically separated from any other part of the club.
gaming-related licence means any of the following types of licences
in force under Part 7:
(a) a dealer's licence,
(b) a seller's licence,
(c) a technician's licence,
(d) an adviser's licence,
(e) a testing facility licence.
hardship gaming machine means an approved gaming machine
approved to be kept in a hotel or registered club under Division 3 of
Part 3.
hotel, hotelier and hotelier's licence have the same meanings as in the
Liquor Act 1982.
investment licence means a licence in force under Part 11.
Page 4
Gaming Machines Bill 2001 Clause 4
Preliminary Part 1
keep an approved gaming machine includes acquire or possess the
gaming machine.
large-scale club means a registered club that was, immediately before
the commencement of Part 2, authorised under the Registered Clubs
Act 1976 to keep more than 450 approved gaming machines on any of
the club's premises (referred to in this Act as the large-scale club's
relevant premises).
Licensing Court means the Licensing Court of New South Wales
constituted in accordance with the Liquor Act 1982.
links licence means an inter-hotel links licence or inter-club links
licence in force under Part 10.
liquor has the same meaning as in the Liquor Act 1982.
Liquor Act poker machine permit means a permit issued under
section 182C of the Liquor Act 1982 and in force immediately before
the repeal of that section by this Act.
manager in relation to a hotel has the same meaning as in the Liquor
Act 1982.
metropolitan area means:
(a) any of the following areas as determined by the Australian
Bureau of Statistics:
(i) the Sydney Statistical Division,
(ii) the Statistical Local Areas of Newcastle (Statistical
Local Areas 5901 and 5902),
(iii) the Statistical Local Area of Lake Macquarie (Statistical
Local Area 4650),
(iv) the Statistical Local Area of Wollongong (Statistical
Local Area 8450), or
(b) if a regulation is made for the purposes of this definition, any
area described in the regulation as a metropolitan area.
new club means a club that became or becomes registered for the first
time under the Registered Clubs Act 1976 on or after 26 July 2001
other than as the result of an amalgamation under section 17A of that
Act.
new hotel means a hotel:
(a) that became or becomes licensed for the first time under the
Liquor Act 1982 on or after 26 July 2001, or
Page 5
Clause 4 Gaming Machines Bill 2001
Part 1 Preliminary
(b) in respect of which the licence under the Liquor Act 1982 was
or is removed after that date to other premises (whether or not
those other premises are outside the neighbourhood of the
previous premises).
operate an approved gaming machine includes use or play the gaming
machine.
poker machine means a device that is designed:
(a) for the playing of a game of chance or a game that is partly a
game of chance and partly a game requiring skill, and
(b) for paying out money or tokens or for registering a right to an
amount of money or money's worth to be paid,
and includes any subsidiary equipment.
poker machine entitlement means a poker machine entitlement
allocated under Part 3.
primary purpose test in respect of a hotel--see section 6.
Principal Registrar has the same meaning as in the Liquor Act 1982.
registered club has the same meaning as in the Registered Clubs Act
1976.
registrar has the same meaning as in the Liquor Act 1982.
sell includes any of the following:
(a) barter or exchange,
(b) offer, agree or attempt to sell,
(c) expose, send, forward or deliver for sale,
(d) cause or permit to be sold or offered for sale,
(e) in relation to an approved gaming machine--supply under
financial and other arrangements approved by the Board.
seller's licence means a gaming machine seller's licence in force under
Part 7.
special inspector means an inspector (including the Director) holding
office under section 109 of the Liquor Act 1982.
subsidiary equipment means:
(a) centralised cash control equipment, or
Page 6
Gaming Machines Bill 2001 Clause 4
Preliminary Part 1
(b) any equipment or system designed for use in connection with
the operation of a poker machine or approved amusement
device.
TAB means the company known as TAB Limited established by the
Totalizator Agency Board Privatisation Act 1997, and a subsidiary of
TAB means a body corporate that is a subsidiary of TAB by virtue of
Division 6 of Part 1.2 of the Corporations Act 2001 of the
Commonwealth.
technician's licence means a gaming machine technician's licence in
force under Part 7.
testing facility licence means a gaming machine testing facility licence
in force under Part 7.
work permit means a work permit issued under section 89.
(2) Notes included in this Act do not form part of this Act.
5 Meaning of "close associate"
(1) For the purposes of this Act, a person is a close associate of an
applicant for a gaming-related licence or the holder of a
gaming-related licence (the licensee) if the person:
(a) holds or will hold any relevant financial interest, or is or will be
entitled to exercise any relevant power (whether in his or her
own right or on behalf of any other person), in the business of
the applicant or licensee that is or will be carried on under the
authority of the licence, and by virtue of that interest or power
is or will be able (in the opinion of the Licensing Court or the
Director) to exercise a significant influence over or with respect
to the management or operation of that business, or
(b) holds or will hold any relevant position, whether in his or her
own right or on behalf of any other person, in the business of
the applicant or licensee that is or will be carried on under the
authority of the licence.
(2) For the purposes of this Act, a person is a close associate of a hotelier
if the person:
(a) holds or will hold any relevant financial interest, or is or will be
entitled to exercise any relevant power (whether in his or her
own right or on behalf of any other person), in the business of
Page 7
Clause 5 Gaming Machines Bill 2001
Part 1 Preliminary
the hotel, and by virtue of that interest or power is or will be
able (in the opinion of the Licensing Court or the Director) to
exercise a significant influence over or with respect to the
management or operation of that business, or
(b) holds or will hold any relevant position, whether in his or her
own right or on behalf of any other person, in the business that
is or will be carried on under the authority of the hotelier's
licence.
(3) In this section:
relevant financial interest in a business means:
(a) any share in the capital of the business, or
(b) any entitlement to receive any income derived from the
business, or to receive any other financial benefit or financial
advantage from the carrying on of the business, whether the
entitlement arises at law or in equity or otherwise, or
(c) any entitlement to receive any rent, profit or other income in
connection with the use or occupation of premises on which the
business is or is to be carried on (such as an entitlement of the
owner of the premises to receive rent as lessor of the premises).
relevant position means:
(a) the position of director, manager or secretary, or
(b) any other position, however designated, if it is an executive
position.
relevant power means any power, whether exercisable by voting or
otherwise and whether exercisable alone or in association with others:
(a) to participate in any directorial, managerial or executive
decision, or
(b) to elect or appoint any person to any relevant position.
(4) A financial institution is not a close associate within the meaning of
this section by reason only of having a relevant financial interest in
relation to a business.
6 Primary purpose test in respect of hotels
For the purposes of this Act, the following provisions (referred to in
this Act as the primary purpose test) apply in relation to hotels:
Page 8
Gaming Machines Bill 2001 Clause 6
Preliminary Part 1
(a) the primary purpose of the business conducted in a hotel is to
be the sale of liquor by retail,
(b) the keeping or operation of approved gaming machines in a
hotel is not to detract unduly from the character of the hotel or
from the enjoyment of persons using the hotel otherwise than
for the purposes of gambling.
7 Lawful keeping and operation of gaming machines
Despite anything in the Lotteries and Art Unions Act 1901, the
Unlawful Gambling Act 1998 or any other Act or law (other than this
Act), it is lawful:
(a) to keep or operate an approved gaming machine in a hotel or
registered club, and
(b) to pay or present prizes and bonuses won as a direct or indirect
consequence of operating the approved gaming machine,
if the approved gaming machine is kept or operated, and the prizes and
bonuses are paid or presented, in accordance with this Act.
8 Gaming machines not used for purposes of gambling
(1) Nothing in this Act prohibits the keeping or operation of a poker
machine or a device that is in the nature of an approved amusement
device if:
(a) the poker machine or device is not used for the purposes of
gambling, and
(b) the poker machine or device is used only for such therapeutic
purposes as may be approved by the Board in writing before
the machine or device is so used, and
(c) any conditions imposed by the Board when giving the approval
are complied with.
(2) Nothing in this Act prohibits the keeping or operation of a poker
machine or a device that is in the nature of an approved amusement
device if:
(a) the poker machine or device is not used for the purposes of
gambling, and
Page 9
Clause 8 Gaming Machines Bill 2001
Part 1 Preliminary
(b) the poker machine or device is used only for educational or
cultural purposes or for the purpose of promoting the machine
or device (but not for the purpose of promoting other goods or
services), and
(c) the Board has been given at least 3 days written notice of the
kind of use intended and the Board has not, within the 3-day
period, refused to allow the use, and
(d) any conditions imposed by the Board within that period are
complied with.
(3) In a particular case or a particular class of cases, the Board may waive
compliance with the requirement for giving notice under subsection (2)
and may impose conditions for operation of the waiver.
9 Subsidiary equipment not included in calculation of gaming machine
numbers
In calculating (for the purposes of this Act) the number of approved
gaming machines in a hotel or registered club, any subsidiary
equipment:
(a) kept in the hotel or club, and
(b) approved by the Board for use in connection with such gaming
machines,
is to be disregarded.
Page 10
Gaming Machines Bill 2001 Clause 10
Limitations on gaming machine numbers Part 2
Part 2 Limitations on gaming machine numbers
10 Overall State cap on number of gaming machines
(1) The maximum number of approved gaming machines that the Board
may authorise to be kept in all hotels and registered clubs in the State
is 104,000 (the overall State cap).
(2) The overall State cap comprises:
(a) a maximum number of 25,980 approved gaming machines in
respect of hotels, and
(b) a maximum number of 78,020 approved gaming machines in
respect of registered clubs.
11 Limit on number of gaming machines in hotels
The maximum number of approved gaming machines that the Board
may authorise under Part 5 to be kept in any one hotel is 30.
12 Limit on number of gaming machines in clubs
(1) The maximum number of approved gaming machines that the Board
may authorise under Part 5 to be kept on any of the premises of a
registered club is 450.
(2) The limit of 450 approved gaming machines per premises of a
registered club does not apply to a large-scale club's relevant premises.
13 Large-scale clubs required to reduce number of gaming machines
(1) A large-scale club must, before the end of the period of 5 years
following the date on which this Part commences, reduce the number
of approved gaming machines that the club was, under the Registered
Clubs Act 1976, authorised to keep on the relevant premises
immediately before that date:
(a) by 10%, or
(b) by such number as would result in the number of approved
gaming machines on those premises not exceeding 450.
(2) The regulations may:
(a) specify the relevant premises of the large-scale clubs in respect
of which the requirement under subsection (1) applies, and
Page 11
Clause 13 Gaming Machines Bill 2001
Part 2 Limitations on gaming machine numbers
(b) determine the manner in which the required reduction in the
number of approved gaming machines on those premises is to
be achieved, including the disposing of approved gaming
machines on an annual basis or on a pro-rata basis as between
the clubs concerned, and
(c) authorise the Board to direct a large-scale club to dispose of a
specified number of approved gaming machines in order for the
club to comply with the requirement under subsection (1), and
(d) make provision for any other matter in relation to the
requirement under subsection (1).
Page 12
Gaming Machines Bill 2001 Clause 14
Poker machine entitlements and hardship gaming machines Part 3
Preliminary Division 1
Part 3 Poker machine entitlements and hardship
gaming machines
Division 1 Preliminary
14 General provisions
(1) The allocation of poker machine entitlements and the approval to keep
hardship gaming machines under this Part:
(a) are subject to the overall State cap, and
(b) do not affect the requirement under Part 5 for the Board's
authorisation to keep approved gaming machines in a hotel or
registered club.
(2) Accordingly, the Board cannot allocate a poker machine entitlement or
approve the keeping of a hardship gaming machine if the allocation or
approval would:
(a) result in the overall State cap being breached, or
(b) exceed the total number of approved gaming machines
authorised under Part 5 to be kept in the hotel or registered club
concerned.
(3) The administrative arrangements that may be approved by the
Director-General for the purposes of this Part include the setting up of
a forfeiture pool (one each for hotels and registered clubs) in respect
of the poker machine entitlements and hardship gaming machines that
are forfeited to the Board under this Part.
Division 2 Tradeable poker machine entitlement scheme
15 Initial allocation of poker machine entitlements
(1) On the commencement of this section, one poker machine entitlement
is to be allocated by the Board:
(a) for each approved poker machine that comprises the frozen
number of approved poker machines for a hotel, and
Page 13
Clause 15 Gaming Machines Bill 2001
Part 3 Poker machine entitlements and hardship gaming machines
Division 2 Tradeable poker machine entitlement scheme
(b) for each approved poker machine that comprises the frozen
number of approved poker machines for the premises of a
registered club.
(2) The poker machine entitlements are to be allocated:
(a) in the case of a hotel--in respect of the hotelier's licence, or
(b) in the case of the premises of a registered club--in respect of
those premises,
and are to be allocated in accordance with such arrangements as may
be approved by the Director-General.
(3) For the purposes of subsection (1) (a), the frozen number of approved
poker machines for a hotel is the number that is determined by the
Board after taking into account:
(a) the number of poker machines authorised to be kept in the hotel
under the Liquor Act 1982 as at 19 April 2001, and
(b) any increase in that number after that date and before the
commencement of this section that has been authorised by the
Board.
(4) In determining the frozen number of approved gaming machines for a
hotel, the Board is to disregard any poker machine for which a Liquor
Act poker machine permit is held.
(5) For the purposes of subsection (1) (b), the frozen number of approved
poker machines for the premises of a registered club is the number that
is determined by the Board after taking into account:
(a) the number of poker machines authorised to be kept on those
premises under the Registered Clubs Act 1976 as at 28 March
2000, and
(b) any increase in that number after that date and before the
commencement of this section that has been authorised by the
Board.
Page 14
Gaming Machines Bill 2001 Clause 16
Poker machine entitlements and hardship gaming machines Part 3
Tradeable poker machine entitlement scheme Division 2
16 Further allocation of poker machine entitlements and certificate of
entitlements
(1) Following the initial allocation of poker machine entitlements under
section 15, poker machine entitlements may, in accordance with this
Act and such arrangements as may be approved by the Director-
General, be allocated by the Board from time to time in respect of
hoteliers' licences or the premises of a registered club.
(2) The number of poker machine entitlements allocated from time to time
in respect of a hotelier's licence or the premises of a registered club,
along with the corresponding number of approved poker machines
authorised under Part 5 to be kept in the hotel or on those premises in
accordance with those poker machine entitlements, is to be specified
in a certificate issued by the Board to the hotelier or club concerned.
17 Allocation of poker machine entitlements in respect of certain clubs
(1) This section applies to the following:
(a) a registered club that is a new club,
(b) a registered club that acquires additional premises under section
19A of the Registered Clubs Act 1976,
(c) a registered club that, immediately before the commencement
of this section, was authorised under the Registered Clubs Act
1976 to keep less than 10 approved poker machines on any of
its premises.
(2) The Board may, on application by a registered club to which this
section applies, allocate in respect of the club's premises as referred to
in subsection (1) such number of poker machine entitlements as would
bring to 10 the number of poker machine entitlements allocated for the
time being for those premises. Any such application may be made only
once in respect of the premises concerned.
(3) A poker machine entitlement allocated in respect of the premises of a
registered club under this section cannot be transferred during the
period of 3 years immediately following the date on which it was
allocated.
18 General restrictions on allocation of poker machine entitlements
(1) A poker machine entitlement cannot be allocated in relation to an
approved poker machine for which a Liquor Act poker machine permit
is held.
Page 15
Clause 18 Gaming Machines Bill 2001
Part 3 Poker machine entitlements and hardship gaming machines
Division 2 Tradeable poker machine entitlement scheme
(2) A poker machine entitlement cannot be allocated in relation to an
approved gaming machine unless the keeping of the approved gaming
machine is authorised by the Board under Part 5.
(3) A poker machine entitlement cannot be allocated in relation to a
hardship gaming machine until after the period of 3 years following the
date (as determined by the Board) on which the hardship gaming
machine was approved to be kept in the hotel or on the premises of the
club concerned.
Note. Section 31 provides that a hotelier or club may apply for a poker machine
entitlement in relation to a hardship gaming machine only after the period of 3 years
following the approval of the keeping of the hardship gaming machine.
19 Transfer of poker machine entitlements
(1) A poker machine entitlement allocated in respect of a hotelier's licence
or the premises of a registered club is transferable.
(2) The transfer of a poker machine entitlement does not have any effect
unless the transfer:
(a) is approved by the Board, and
(b) complies with the requirements of this Division and any
requirements specified in the regulations.
(3) An application for the Board's approval of the transfer of a poker
machine entitlement must:
(a) be accompanied by the fee (if any) prescribed by the
regulations, and
(b) be accompanied by such particulars or other matter as may be
required by the Board in relation to the proposed transfer, and
(c) in the case of an application for the transfer of an entitlement
allocated in respect of a hotelier's licence--demonstrate, to the
satisfaction of the Board, that the proposed transfer is
supported by each person who, in the opinion of the Board, has
a financial interest in the hotelier's licence, and
(d) be in the form and manner determined by the Board from time
to time.
(4) If a poker machine entitlement is transferred to another hotelier's
licence or premises of a registered club in accordance with this
Division, the transferred entitlement is, for the purposes of this
Division, taken to have been allocated by the Board in respect of the
other hotelier's licence or club premises.
Page 16
Gaming Machines Bill 2001 Clause 19
Poker machine entitlements and hardship gaming machines Part 3
Tradeable poker machine entitlement scheme Division 2
(5) For the purposes of subsection (3) (c), a person is taken to have a
financial interest in a hotelier's licence if the person is entitled to
receive any income derived from the business carried on under the
authority of the licence or any other financial benefit or financial
advantage from the carrying on of the business (whether the
entitlement arises at law or in equity or otherwise).
20 General requirements relating to transfer of poker machine entitlements
(1) Poker machine entitlements allocated in respect of a hotelier's licence
may be transferred only to another hotelier's licence.
(2) Poker machine entitlements allocated in respect of the premises of a
registered club may be transferred only:
(a) to another set of the club's premises, or
(b) to the premises of another registered club.
(3) Subject to this Act, the following requirements apply to the transfer of
poker machine entitlements:
(a) a transfer must comprise one or more blocks of 3 poker
machine entitlements,
(b) from each such block of 3 poker machine entitlements, one of
the entitlements must be forfeited to the Board.
(4) A block of 3 poker machine entitlements may comprise entitlements
that have been allocated in respect of more than one hotelier's licence
or more than one set of club premises.
(5) Despite subsection (3), one poker machine entitlement allocated in
respect of a hotelier's licence that is held in relation to a country hotel
(the transferring hotel) may be transferred in any period of12 months
without the requirements of that subsection applying to the transfer if:
(a) the transfer is to another hotelier's licence that is held in
relation to a country hotel, and
(b) the number of approved gaming machines that are authorised
to be kept in the transferring hotel does not exceed 8.
(6) Subjection (3) continues to apply in respect of any subsequent transfer,
in any period of 12 months, of poker machine entitlements allocated
in respect of a hotelier's licence of a transferring hotel as referred to in
subsection (5).
Page 17
Clause 20 Gaming Machines Bill 2001
Part 3 Poker machine entitlements and hardship gaming machines
Division 2 Tradeable poker machine entitlement scheme
(7) If the Board approves the transfer of poker machine entitlements, the
Board is to vary the authorisation under Part 5 of both the transferor
and transferee to keep approved poker machines.
21 Other provisions relating to transferring of poker machine entitlements
(1) In the case of a hotelier's licence that is held in relation to a country
hotel, no more than one block of poker machine entitlements allocated
in respect of the licence may, in any one calendar year, be transferred
to a hotelier's licence held in relation to a hotel that is situated in a
metropolitan area.
(2) If, in the case of a registered club that has more than one set of
premises or that establishes new or additional premises, poker machine
entitlements allocated in respect of one of those sets of premises (the
transferring premises) are transferred to another set of the club's
premises, the forfeiture to the Board of one entitlement for every 2 that
are transferred is required unless the other set of premises is situated
within 1 kilometre of the transferring premises.
(3) If a registered club establishes new or additional premises (the new
premises) and poker machine entitlements allocated in respect of any
of the club's other premises are transferred to the new premises, the
forfeiture to the Board of one poker machine entitlement for every 2
that are transferred is required unless the new premises are situated
within 1 kilometre of the other premises.
(4) If for the time being the number of poker machine entitlements
allocated in respect of the premises of a registered club is 10 or less
(the remaining entitlements), the club cannot transfer any of those
remaining entitlements unless the transfer has been approved in
principle at an extraordinary general meeting of the ordinary members
of the club (being an approval supported by a majority of the votes cast
at the meeting).
(5) If a liquidator has been appointed for a registered club and any poker
machine entitlements allocated in respect of any of the premises of the
club are proposed to be transferred, the forfeiture to the Board of one
entitlement for every 2 that are transferred is required.
Page 18
Gaming Machines Bill 2001 Clause 21
Poker machine entitlements and hardship gaming machines Part 3
Tradeable poker machine entitlement scheme Division 2
(6) If a registered club (the former club) amalgamates with another
registered club (the amalgamated club) under the Registered Clubs
Act 1976, any poker machine entitlements allocated in respect of any
of the premises of the former club are taken to be transferred to the
amalgamated club without the forfeiture of any entitlement to the
Board.
22 Hoteliers may exchange authorisation to keep approved amusement
devices for poker machine entitlements
(1) The Board may, on application by a hotelier, allocate in respect of the
hotelier's licence:
(a) in the case of a hotel situated in a metropolitan area--one
poker machine entitlement in exchange for the hotelier
surrendering to the Board the authorisation under Part 5 to keep
3 approved amusement devices, and
(b) in the case of a country hotel--one poker machine entitlement
in exchange for the hotelier surrendering to the Board the
authorisation under Part 5 to keep 2 approved amusement
devices.
(2) A poker machine entitlement allocated under this section in respect of
a hotelier's licence cannot be transferred during the period of 3 years
following the date on which it was allocated.
23 Transfer of poker machine entitlements when hotelier's licence
cancelled or surrendered
(1) If a hotelier's licence or a hotelier's authorisation under Part 5 to keep
approved poker machines is surrendered or cancelled, any poker
machine entitlements allocated in respect of the licence concerned may
be transferred in any number so long as one entitlement for every 2 is
forfeited to the Board.
(2) If, at the end of the period of 12 months immediately following the
surrender or cancellation of the hotelier's licence or authorisation
under Part 5, any such poker machine entitlements have not been
transferred, the remaining entitlements are automatically forfeited to
the Board.
(3) This section does not apply merely because:
(a) the hotelier's licence or authorisation under Part 5 to keep
approved gaming machines is suspended, or
Page 19
Clause 23 Gaming Machines Bill 2001
Part 3 Poker machine entitlements and hardship gaming machines
Division 2 Tradeable poker machine entitlement scheme
(b) the hotel has, for the time being, ceased to trade.
24 Transfer of poker machine entitlements when club registration
cancelled or surrendered
(1) If the certificate of registration of a club or a registered club's
authorisation under Part 5 to keep approved gaming machines is
surrendered or cancelled, any poker machine entitlements allocated in
respect of any of the premises of the club may be transferred in any
number so long as one entitlement for every 2 is forfeited to the Board.
(2) Any such poker machine entitlements that have not been transferred 12
months after the surrender or cancellation of the certificate of
registration or the authorisation under Part 5 to keep approved gaming
machines are automatically forfeited to the Board.
(3) This section does not apply:
(a) in relation to the cancellation of a club's certificate of
registration if that cancellation is the result of an amalgamation
with another registered club in accordance with the Registered
Clubs Act 1976, or
(b) merely because:
(i) the certificate of registration of the club concerned, or
its authorisation under Part 5 to keep approved gaming
machines, is suspended, or
(ii) the club has, for the time being, ceased to trade.
25 Requirement to forfeit poker machine entitlements if hotelier's licence
is removed to other premises
Subject to the regulations, if:
(a) a hotelier's licence is removed under the Liquor Act 1982 to
other premises that are situated more than 1 kilometre from the
previous premises, and
(b) the approved poker machines for which poker machine
entitlements have been allocated are to be installed in those
other premises,
the hotelier must forfeit to the Board one poker machine entitlement
for every 2 allocated in respect of the hotelier's licence.
Page 20
Gaming Machines Bill 2001 Clause 26
Poker machine entitlements and hardship gaming machines Part 3
Hardship gaming machines Division 3
Division 3 Hardship gaming machines
26 Application for additional gaming machines on special grounds
(1) A hotelier or registered club may apply to the Board for approval to
keep an additional number of approved gaming machines to the
number kept in the hotel or on any of the club's premises as at the
commencement of this section. Such an application is referred to as a
hardship application.
(2) A hardship application:
(a) is to be in the form and manner approved by the Director-
General, and
(b) is to be dealt with in accordance with such arrangements as
may be approved by the Director-General, and
(c) may only be made within the period of 3 months (or such
longer period as may be prescribed by the regulations)
following the commencement of this section, and
(d) is otherwise subject to this Division.
27 Hardship applications by hoteliers
(1) Despite any other provision of this section, only those hoteliers who
were, as at 19 April 2001, authorised under the Liquor Act 1982 to
keep less than 15 approved poker machines are entitled to make a
hardship application.
(2) A hotelier may make a hardship application if:
(a) the hotelier:
(i) made an application to the Board under the Liquor Act
1982, on or before 19 April 2001, to keep an additional
number of approved gaming machines and the
application was not dealt with by the Board as at the
commencement of this section, or
(ii) made such an application between 1 March 2001 and
19 April 2001 and the application was refused by the
Board, or
Page 21
Clause 27 Gaming Machines Bill 2001
Part 3 Poker machine entitlements and hardship gaming machines
Division 3 Hardship gaming machines
(b) the hotelier:
(i) obtained, on or before 19 April 2001, a conditional
grant under the Liquor Act 1982 for a new or removed
hotelier's licence, but which was not finally granted by
that date, or
(ii) obtained, after that date, a conditional grant under the
Liquor Act 1982 for a new or removed hotelier's licence
and the Director-General is of the opinion that the
conditional grant supersedes or replaces a conditional
grant obtained before that date, or
(c) the hotelier entered into a contract to carry out significant
building or refurbishment work on the hotel to which the
application relates and work had commenced on or before 19
April 2001.
(3) In addition to subsection (2), a hotelier may make a hardship
application if the Board is satisfied, on the evidence provided to the
Board by the hotelier, that the financial viability of the hotelier's
business as a whole will be seriously threatened if the hotelier is
unable to keep the additional approved gaming machines.
(4) For the purposes of subsection (3):
(a) it is not sufficient for the hotelier to establish that the hotelier
will not be able to realise expected net profits from any
additional approved gaming machines, and
(b) if the hotelier has a financial interest in another hotel--the
hotelier is required to establish that the threat to the financial
viability of the hotelier's business cannot be off-set by the
profits derived from the keeping of approved gaming machines
in the other hotel.
(5) A hotelier may also make a hardship application to keep such number
of approved gaming machines as were approved by the Board before
19 April 2001 to be kept in the hotel after that date but that were,
because of the operation of the hotel freeze provisions, prevented from
being kept in the hotel after that date.
(6) For the purposes of subsection (5), the hotel freeze provisions means
clause 46AA of the Liquor Regulation 1996 (as in force immediately
before its repeal on 17 July 2001) and Division 2B of Part 11 of the
Liquor Act 1982 (as in force immediately before its repeal by this Act).
Page 22
Gaming Machines Bill 2001 Clause 27
Poker machine entitlements and hardship gaming machines Part 3
Hardship gaming machines Division 3
(7) Division 1 of Part 4 does not apply to a hardship application by a
hotelier unless the application is made in respect of a new hotel.
28 Hardship applications by registered clubs
(1) In making a hardship application, a registered club must establish, to
the satisfaction of the Board, that:
(a) the financial viability of the club will be seriously threatened if
the club is not able to keep the additional approved gaming
machines, and
(b) the club entered into a contract before noon on 28 March 2000
for the carrying out of significant building or refurbishment
work in relation to the club, and
(c) the decision to enter into the contract was based on current cash
flow estimates that relied on the additional approved gaming
machines.
(2) Subject to the regulations, an existing hardship application made by a
registered club is taken to be a hardship application under this
Division.
(3) Subsection (1) does not apply in relation to an existing hardship
application if it was made before 26 July 2001. Such an existing
hardship application is to be determined by the Board in accordance
with the provisions of section 88AF of the Registered Clubs Act 1976
as if that section was still in force.
(4) However, subsection (1) does apply in relation to an existing hardship
application if it was made on or after 26 July 2001.
(5) Division 1 of Part 4 does not apply to a hardship application by a
registered club unless the application is made in respect of a new club
(including a club whose premises are removed under the Registered
Clubs Act 1976 to other premises whether or not in the same
neighbourhood as the previous premises).
(6) In this section:
existing hardship application means an application, made but not
determined before the commencement of this section, under the
Registered Clubs Act 1976 for the keeping of additional approved
gaming machines in a registered club and which was made in
connection with section 88AF of that Act (as in force immediately
before its repeal by this Act).
Page 23
Clause 29 Gaming Machines Bill 2001
Part 3 Poker machine entitlements and hardship gaming machines
Division 3 Hardship gaming machines
29 Approval to keep hardship gaming machines
(1) The Board may refuse a hardship application, or it may approve of the
hotelier or registered club keeping all or some of the number of
approved gaming machines sought by the hotelier or club in the
application. Any such machine is referred to as a hardship gaming
machine.
(2) The keeping of a hardship gaming machine is subject to any
requirement under this Division in relation to the forfeiture of the
approval to keep hardship gaming machines.
(3) For the purposes of this Act, a hardship gaming machine includes, in
the case of a registered club, a section 88AF hardship machine that:
(a) is kept in the club as at the commencement of this section, or
(b) was, before the commencement of this section, authorised by
the Board to be kept in the club at some later time.
(4) Any such section 88AF hardship machine is taken to have been
approved to be kept in the registered club under this Act.
(5) In this section:
section 88AF hardship machine means an approved gaming machine
authorised to be kept in a registered club as the result of an application
that was dealt with under, and determined in accordance with, section
88AF of the Registered Clubs Act 1976 (as in force immediately
before its repeal by this Act).
30 Requirement to forfeit hardship gaming machines in certain
circumstances
(1) If the Board approves of a hotelier or registered club keeping any
hardship gaming machines, the hotelier or club must forfeit to the
Board the approval to keep those gaming machines before any poker
machine entitlement allocated in respect of the hotelier's licence or the
premises of the club can be transferred under Division 2 of this Part.
(2) Subsection (1) does not apply to or in respect of:
(a) a hotelier or registered club after the period of 3 years following
the date (as determined by the Board) on which the hardship
gaming machines were approved to be kept in the hotel or on
the club's premises, or
(b) any hardship gaming machines kept on the relevant premises of
a large-scale club.
Page 24
Gaming Machines Bill 2001 Clause 30
Poker machine entitlements and hardship gaming machines Part 3
Hardship gaming machines Division 3
(3) Subject to the regulations, if a hotelier's licence is removed under the
Liquor Act 1982 to other premises that are situated more than 1
kilometre from the previous premises, the hotelier must:
(a) forfeit to the Board the approval to keep any hardship gaming
machine in the hotel, and
(b) surrender to the Board the authorisation under Part 5 to keep
any approved amusement device in the hotel.
31 Allocation of poker machine entitlements for hardship gaming
machines
(1) The Board may, on application by a hotelier or registered club, allocate
one poker machine entitlement for each hardship gaming machine
approved to be kept in the hotel or on the premises of the club.
(2) Any such poker machine entitlement may be transferred in accordance
with Division 2 of this Part.
(3) An application under subsection (1) for the allocation of a poker
machine entitlement in relation to a hardship gaming machine may be
made only after the period of 3 years following the date (as determined
by the Board) on which the hardship gaming machine was approved
to be kept in the hotel or on the premises of the club concerned.
Page 25
Clause 32 Gaming Machines Bill 2001
Part 4 Gambling harm minimisation measures
Division 1 Social impact assessment of gaming machines
Part 4 Gambling harm minimisation measures
Division 1 Social impact assessment of gaming machines
32 Application and operation of Division
(1) This Division applies to an application under Part 5 for authorisation
to keep:
(a) any additional approved gaming machines in a hotel or
registered club, or
(b) any approved gaming machines in a new hotel or a new club.
(2) The provisions of this Division are in addition to the provisions of
Part 5 with respect to the making of applications to the Board for
authorisation to keep approved gaming machines and the
determination of those applications.
(3) This Division does not (except in the case of a new hotel or a new
club) apply to or in respect of a hardship application as referred to in
Division 3 of Part 3.
(4) This Division extends to applications under the Liquor Act 1982 or the
Registered Clubs Act 1976 for authorisation to keep approved gaming
machines that were made before the commencement of this Division
but had not been finally determined by the Board on that
commencement.
(5) For the purposes of this Division, a reference to a new club includes
a reference to a club whose premises are removed under the Registered
Clubs Act 1976 to other premises (whether or not in the same
neighbourhood as the previous premises).
33 Social impact assessment must be provided in connection with
application for authorisation to keep gaming machines
(1) A social impact assessment must be provided to the Board in
connection with an application to which this Division applies.
(2) The social impact assessment must comply with this Division and the
regulations.
Page 26
Gaming Machines Bill 2001 Clause 34
Gambling harm minimisation measures Part 4
Social impact assessment of gaming machines Division 1
34 Classes of social impact assessment
(1) A social impact assessment is to be a class 1 social impact assessment
or a class 2 social impact assessment as determined in accordance with
the regulations.
(2) Subject to the regulations, a class 1 social impact assessment is
required to be provided if:
(a) the application relates to the keeping, over a period prescribed
by the regulations, of a number of approved gaming machines
that is less than the number prescribed by the regulations for the
purposes of this paragraph, or
(b) the application has resulted from the transfer of poker machine
entitlements from another hotel or other premises of a
registered club and the other hotel is, or the other premises are,
situated within 1 kilometre of the hotel or premises to which the
application relates.
35 Requirements in relation to social impact assessments
The regulations may make provision for or with respect to the
following:
(a) the requirements that must be satisfied by a social impact
assessment,
(b) the criteria for determining whether a social impact assessment
is to be a class 1 or a class 2 social impact assessment,
(c) the matters to be assessed or addressed by a social impact
assessment,
(d) the information to be provided by a social impact assessment.
36 Advertising of application and social impact assessment
(1) After the applicant has provided the Board with a social impact
assessment in connection with an application to which this Division
applies, the applicant must:
(a) place a copy of the application and the social impact assessment
on public exhibition at the premises to which the application
relates, and
(b) publish an advertisement about the application in a newspaper
circulating in the area in which those premises are situated, and
Page 27
Clause 36 Gaming Machines Bill 2001
Part 4 Gambling harm minimisation measures
Division 1 Social impact assessment of gaming machines
(c) provide a copy of the application and the social impact
assessment to the Director and the local council at or before the
time the advertisement is published.
(2) If the premises to which the application relates are not yet erected or
occupied by the applicant, subsection (1) (a) is complied with if the
application is dealt with in accordance with the regulations.
(3) The advertisement must:
(a) be in the form approved by the Board, and
(b) state that a copy of the application and the social impact
assessment will be available for public inspection at the place
specified in the advertisement, and
(c) invite any written submissions on the matter to be made to the
Board within 30 days after the publication of the advertisement.
(4) The application cannot be determined by the Board until after the
expiration of that 30-day period.
(5) In determining the application, the Board must take into account any
written submission made on the matter within that 30-day period.
37 Approval of social impact assessment
(1) An application to which this Division applies cannot be granted unless
the Board has approved the social impact assessment provided in
connection with the application.
(2) The applicant is liable to meet any costs incurred by the Board in
connection with the approval of a social impact assessment. The Board
may decline to approve the social impact assessment until any such
costs are paid or provision, satisfactory to the Board, has been made
for their payment.
(3) The Board may approve the social impact assessment only if the Board
is satisfied that:
(a) the social impact assessment complies with the requirements of
the regulations in relation to the social impact assessment, and
(b) the social impact assessment has demonstrated that the
gambling activities involving approved gaming machines in the
hotel or club concerned will be conducted in a responsible
manner, and
Page 28
Gaming Machines Bill 2001 Clause 37
Gambling harm minimisation measures Part 4
Social impact assessment of gaming machines Division 1
(c) in the case of an application involving a new hotel or new
club--there is no school, place of public worship or hospital in
the immediate vicinity of the hotel or club, and
(d) in the case of a class 2 social impact assessment--the overall
economic and social impact of granting the application will not
be detrimental to the local community.
(4) For the purposes of subsection (3) (d), the local community comprises,
subject to the regulations, the people in the area or group from which
the persons utilising the services and facilities of the hotel or registered
club concerned are likely to be drawn.
(5) Subject to the regulations, if a social impact assessment is approved in
connection with an application that has been made for a number of
approved gaming machines (the overall number) that is more than the
number required by the applicant at the time of the application, the
social impact assessment may, for such period as is prescribed by the
regulations, operate in relation to the keeping of the overall number.
(6) The Board may partly approve a social impact assessment provided in
connection with an application to which this Division applies, in which
case the Board may authorise the applicant to keep less approved
gaming machines than the number applied for.
Division 2 Mandatory shutting down of gaming machines
38 Interim 3-hour shutdown period to operate until 1 May 2003
(1) During the period starting on the commencement of this Division and
ending on 30 April 2003, a hotelier or registered club must ensure that
each approved gaming machine that is kept in the hotel or club is not
operated for the purposes of gambling between 6 am and 9 am on each
day of the week (the interim 3-hour shutdown period).
Maximum penalty: 100 penalty units.
(2) The application of the interim 3-hour shutdown period in respect of a
hotel or registered club is subject to section 41.
Page 29
Clause 39 Gaming Machines Bill 2001
Part 4 Gambling harm minimisation measures
Division 2 Mandatory shutting down of gaming machines
39 General 6-hour shutdown period after 1 May 2003
(1) On and from 1 May 2003, a hotelier or registered club must ensure that
each approved gaming machine that is kept in the hotel or club is not
operated for the purposes of gambling between 4 am and 10 am on
each day of the week (the general 6-hour shutdown period).
Maximum penalty: 100 penalty units.
(2) The application of the general 6-hour shutdown period in respect of a
hotel or registered club is subject to sections 40 and 41.
40 Approval of 3-hour shutdown period on weekends and public holidays
(1) The Board may, on application by a hotelier or registered club,
approve of the hotel or club having a shutdown period of between 6
am and 9 am on each day occurring on or after 1 May 2003 that is a
Saturday, Sunday or public holiday (the 3-hour shutdown period).
(2) If the 3-hour shutdown period on a Saturday, Sunday or public holiday
is approved for the time being in respect of a hotel or registered club,
the hotelier or club must ensure that each approved gaming machine
that is kept in the hotel or club is not operated for the purposes of
gambling between 6 am and 9 am on that day.
Maximum penalty: 100 penalty units.
(3) The Board's approval of a hotel or registered club having the 3-hour
shutdown period may be given only if the Board is satisfied:
(a) that the local consent authority for the area in which the hotel
or club is situated has agreed to the hotel or club operating
approved gaming machines between 4 am and 6 am, and
between 9 am and 10 am on the days on which the 3-hour
shutdown period is to operate, and
(b) that the hotelier or club has complied with such harm
minimisation requirements as are prescribed by the regulations
for the purposes of this section.
(4) The Board's approval under this section:
(a) is to be in writing, and
(b) is subject to such conditions as the Board thinks fit to impose,
and
(c) may be revoked at any time by the Board for such reason as it
thinks fit.
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Mandatory shutting down of gaming machines Division 2
41 Approval of different shutdown periods for "early openers"
(1) This section applies in relation to a hotel or registered club if, in the
opinion of the Board, the hotel or club:
(a) was, on a regular basis before 1 January 1997, open for
business before 10 am on at least one day of the week, and
(b) was, on a regular basis before 1 January 1997, closed for
business between midnight and 10 am for a minimum of 3
hours on at least one day of the week, and
(c) has continued, and is continuing, to open and close on that
same basis ever since.
(2) The Board may, on application made in respect of a hotel or registered
club to which this section applies, approve of the hotel or club having:
(a) during the period starting on the commencement of this
Division and ending on 30 April 2003--a different 3-hour
shutdown period to the interim 3-hour shutdown period referred
to in section 38, and
(b) on and from 1 May 2003:
(i) a different 6-hour shutdown period to the general 6-hour
shut down period referred to in section 39, and
(ii) a different 3-hour shutdown period on Saturdays,
Sundays and public holidays to the 3-hour shutdown
period referred to in section 40.
(3) The Board may only approve of a hotel or registered club having any
such different shutdown period if the approved period is consistent
with the opening and closing times (as referred to in subsection (1)) of
the hotel or club.
(4) If any such different shutdown period is approved for the time being
in respect of the hotel or registered club, the hotelier or club must
ensure that each approved gaming machine that is kept in the hotel or
club is not operated for the purposes of gambling during the approved
period.
Maximum penalty: 100 penalty units.
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Clause 41 Gaming Machines Bill 2001
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Division 2 Mandatory shutting down of gaming machines
(5) The Board's approval of a hotel or registered club having different
shutdown periods may be given only if the Board is satisfied:
(a) that the local consent authority for the area in which the hotel
or club is situated has agreed to the hotel or club operating
approved gaming machines during the approved period
concerned, and
(b) that the hotelier or club has complied with such harm
minimisation requirements as are prescribed by the regulations
for the purposes of this section.
(6) The Board's approval under this section:
(a) is to be in writing, and
(b) is subject to such conditions as the Board thinks fit to impose,
and
(c) may be revoked at any time by the Board for such reason as it
thinks fit.
42 General provisions
(1) Nothing in this Division requires a hotelier or registered club, during
any period in which approved gaming machines are not to be operated
for the purposes of gambling in accordance with this Division, to close
off to the patrons of the hotel or club any area of the hotel or club in
which approved gaming machines are located.
(2) Nothing in this Division affects the operation:
(a) of the Liquor Act 1982, or of any other Act or law, with respect
to the trading hours (within the meaning of the Liquor Act
1982) of a hotel, or
(b) of any Act or other law that regulates the hours in which a
registered club is authorised to stay open.
Division 3 General harm minimisation measures
43 Prohibition on publishing gambling-related advertising
(1) A hotelier or registered club must not publish or cause to be published
any gambling-related advertising.
Maximum penalty: 100 penalty units.
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(2) Subsection (1) does not apply to any gambling-related advertising
published or caused to be published at any time during the period of
6 months after the commencement of this section.
(3) A hotelier or registered club must not, after the commencement of this
section, enter into or extend the duration of any contract or
arrangement for the publication of gambling-related advertising.
Maximum penalty: 100 penalty units.
(4) Any such contract or arrangement entered into or extended after the
commencement of this section has no effect.
(5) Regardless of any other provision of this section, any contract or
arrangement for the publication of gambling-related advertising that
was entered into before the commencement of this section ceases to
have effect 6 months after that commencement.
(6) In this section:
gambling-related advertising means any advertising that gives
publicity to, or otherwise promotes or is intended to promote,
participation in gambling activities involving approved gaming
machines in a hotel or registered club, but does not include any such
advertising that is excluded from the operation of this section by the
regulations.
publish includes disseminate in any way, whether by oral, visual,
written or other means (for example dissemination by means of
cinema, video, radio, electronics, the Internet or television or by means
of promotional material such as club journals, brochures or flyers).
44 Prohibition on displaying gambling-related signs
(1) A hotelier or registered club must not display or cause to be displayed
any gambling-related sign:
(a) anywhere outside or in the vicinity of the hotel or club, or
(b) anywhere inside the hotel or club so that it can be seen from
outside the hotel or club.
Maximum penalty: 100 penalty units.
(2) Subsection (1) does not apply to any gambling-related sign displayed
or caused to be displayed at any time during the period of 6 months
after the commencement of this section.
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Clause 44 Gaming Machines Bill 2001
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(3) A hotelier or registered club must not, after the commencement of this
section, enter into or extend the duration of any contract or
arrangement for displaying a gambling-related sign that is or will be
displayed as described in subsection (1).
Maximum penalty: 100 penalty units.
(4) Any such contract or arrangement entered into or extended after the
commencement of this section has no effect.
(5) Regardless of any other provision of this section, any contract or
arrangement for displaying a gambling-related sign that was entered
into before the commencement of this section ceases to have effect 6
months after that commencement.
(6) In this section:
gambling-related sign means any sign (whether consisting of words,
symbols, pictures or any other thing):
(a) that draws attention to, or can reasonably be taken to draw
attention to, the availability of approved gaming machines in a
hotel or registered club, or
(b) that uses a term or expression frequently associated with
gambling, or
(c) that relates to a gambling franchise or gambling business,
but does not include any sign relating to the conduct of a totalizator
under the Totalizator Act 1997 or of a public lottery under the Public
Lotteries Act 1996, or any sign that is excluded from the operation of
this section by the regulations.
45 Regulation of promotional prizes and player reward schemes
(1) In this section:
player reward scheme means a system, used in connection with the
operation of approved gaming machines in a hotel or registered club,
in which the players of such gaming machines accumulate bonus or
reward points from playing the gaming machines.
promotional prize means any prize or reward (including bonus points)
offered by a hotelier or registered club to the patrons of the hotel or
club in connection with a player reward scheme or any other marketing
or promotional activity that involves approved gaming machines.
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(2) A hotelier or registered club must not:
(a) offer or present a promotional prize in the form of cash, or
(b) offer or present a promotional prize that exceeds $1,000 in
value, or
(c) permit a patron of the hotel or club to exchange a promotional
prize for cash, or
(d) permit any bonus or reward points accumulated under a player
reward scheme to be redeemed for cash.
Maximum penalty: 100 penalty units.
(3) Subsection (2) does not apply to or in respect of:
(a) promotional prizes that form part of a jackpot prize under an
authorised linked gaming system, or
(b) such prizes as are prescribed by the regulations for the purposes
of this section.
(4) If a hotelier or registered club conducts a player reward scheme, the
hotelier or club must, in accordance with the regulations:
(a) advise the participants in the scheme of the availability of
player activity statements that relate to the playing of approved
gaming machines under the scheme, and
(b) provide each such participant with a player activity statement.
Maximum penalty: 100 penalty units.
(5) The regulations may make provision for or with respect to player
reward schemes and any matter concerning player activity statements
(including the details to be included in player activity statements).
(6) Subsection (4) does not apply to any player reward scheme conducted
during the period of 6 months after the commencement of this section.
46 Provision of problem gambling counselling services
(1) A hotelier or registered club is, subject to the regulations, required to
enter into arrangements for problem gambling counselling services to
be made available to the patrons of the hotel or club.
(2) The regulations may make provision for or with respect to the
following:
(a) the classes of persons who are to provide the counselling
services,
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Clause 46 Gaming Machines Bill 2001
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Division 3 General harm minimisation measures
(b) the nature of the arrangements to be made with those persons,
(c) the nature of the counselling services that are to be made
available,
(d) the manner is which those services are to be provided.
47 Responsible conduct in relation to gaming machines
(1) The regulations may make provision for or with respect to requiring or
encouraging the adoption of responsible practices in relation to
approved gaming machines in hotels and 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 in relation
to the playing of approved gaming machines,
(b) the standards to be observed for responsible conduct in relation
to approved gaming machines,
(c) requiring:
(i) the secretary of a registered club or other person
engaged or proposing to be engaged in the
administration of the club or in the management of
approved gaming machines in the club, or
(ii) a hotelier or the manager of a hotel, or any person
engaged or proposing to be engaged in the
administration of a hotel or in the management of
approved gaming machines in the hotel,
to undergo courses of training that will promote responsible
practices in relation to approved gaming machines,
(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
approved gaming machines in a hotel or 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 the playing of approved gaming
machines,
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General harm minimisation measures Division 3
(g) requiring facilities in hotels or 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 hotel or club that are separate
from parts of the hotel or club where approved gaming
machines are located,
(h) the provision of anonymity at the request of a person who has
won a major prize.
(3) The regulations under this section may create offences punishable by
a penalty not exceeding 50 penalty units.
48 Industry codes of practice
(1) For the purpose of providing practical guidance for the promotion of
responsible practices and conduct in relation to approved gaming
machines in hotels and registered clubs, the Minister is to approve
industry codes of practice that set out the standards to be observed by
hoteliers and registered clubs.
(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), Clubs NSW or any other
body or authority.
(3) The Minister may approve any amendment of a code of practice or
revoke the approval of a code of practice.
(4) The Minister is to publish in the Gazette:
(a) any such approved code of practice, and
(b) any approved amendment of a code of practice, and
(c) the revocation of an approval of a code of practice.
(5) The Minister is to cause a copy of an 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.
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Clause 49 Gaming Machines Bill 2001
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Division 3 General harm minimisation measures
49 Requirement for hotels and clubs to conduct patron "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 area of a hotel
or registered club that is nominated by the participant (the
nominated area), and
(b) that is established and conducted by the hotelier or registered
club in accordance with this section and the requirements
prescribed by the regulations for the purposes of this section.
responsible person means:
(a) in the case of hotel--any of the following:
(i) the hotelier,
(ii) the manager of the hotel,
(iii) an agent or employee of the hotelier or manager,
(iv) any other person involved in the conduct of gambling
activities in the hotel, or
(b) in the case of a registered club--any of the following:
(i) the secretary of the club,
(ii) a director of the club,
(iii) an agent or employee of the club,
(iv) any other person involved in the conduct of gambling
activities in the club.
(2) For the purposes of this section, the nominated area of the hotel or
registered club concerned may comprise the entire hotel or club.
(3) A hotelier or registered club is required to enter into an arrangement,
with a person or body approved by the Minister, in relation to the
establishment and conduct of self-exclusion schemes in the hotel or
club.
(4) It is lawful for a responsible person for a hotel or registered club, using
no more force than is reasonable in the circumstances:
(a) to prevent a participant from entering the nominated area of the
hotel or club, and
(b) to remove a participant from the nominated area or cause a
participant to be removed from that area.
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Gaming Machines Bill 2001 Clause 49
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(5) No civil or criminal liability is incurred by a responsible person for a
hotel or 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 hotel or club.
Division 4 Specific provisions relating to minors
50 Minors prohibited from operating gaming machines in hotels or clubs
(1) A person under the age of 18 years must not operate an approved
gaming machine in a hotel or registered club.
Maximum penalty: 10 penalty units.
(2) It is a defence to a prosecution for an offence under this section if it is
proved that the minor who operated the approved gaming machine did
so under the supervision of the holder of a technician's licence for the
purpose only of receiving training and instruction in respect of the
servicing, repair or maintenance of approved gaming machines.
51 Hoteliers and clubs liable for operation of gaming machines by minors
(1) If a person under the age of 18 years operates an approved gaming
machine:
(a) in a hotel--the hotelier is guilty of an offence, or
(b) in a registered club-- the registered club and the secretary of
the club are each guilty of an offence.
Maximum penalty: 50 penalty units.
(2) It is a defence to a prosecution for an offence under this section if it is
proved that the minor who operated the approved gaming machine was
at that time over the age of 14 years and that:
(a) before the commission of the offence, or
(b) while the offence was being committed,
there was produced to the hotelier or an employee of the hotelier, or to
the secretary of the registered club or an employee of the club, as the
case may be, documentary evidence that might reasonably be accepted
as applying to the minor and as proving that the minor was at least 18
years of age.
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Clause 51 Gaming Machines Bill 2001
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Division 4 Specific provisions relating to minors
(3) It is a defence to a prosecution for an offence under this section if it is
proved that the minor who operated the approved gaming machine did
so under the supervision of the holder of a technician's licence for the
purpose only of receiving training and instruction in respect of the
servicing, repair or maintenance of approved gaming machines.
52 Minors not permitted in gaming machine areas
(1) A person under the age of 18 years must not enter or be in a gaming
machine area of a registered club.
Maximum penalty: 10 penalty units.
(2) If a person under the age of 18 years is in a gaming machine area of a
registered club and is not immediately removed from that area, the
registered club and the secretary of the club are each guilty of an
offence.
Maximum penalty: 50 penalty units.
(3) If a person under the age of 18 years is in a registered club as the guest
of a member of the club and is in any gaming machine area of the club,
the member is guilty of an offence.
Maximum penalty: 20 penalty units.
(4) It is a defence to a prosecution for an offence under subsection (1) or
(2) if it is proved that the minor:
(a) was in the gaming machine area for the purpose only of
receiving training and instruction in respect of the servicing,
repair or maintenance of approved gaming machines under the
supervision of the holder of a technician's licence, or
(b) was in the gaming machine area of the registered club only for
so long as was reasonably necessary to pass through it in order
to conveniently gain access to another area of the club that the
minor may lawfully enter and was in the company and
immediate presence of a responsible adult.
(5) In this section:
responsible adult has the same meaning as in the Liquor Act 1982.
53 Minors required to provide information
(1) An authorised person may require a person who is reasonably
suspected of being under the age of 18 years and who, if under the age
of 18 years, would be committing an offence under this Act:
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Specific provisions relating to minors Division 4
(a) to state his or her full name and residential address, and
(b) to produce then, or at a police station within a reasonable time,
documentary evidence that might be reasonably accepted as
applying to the person and as evidence of his or her age.
(2) A person the subject of a requirement under subsection (1) must not:
(a) refuse or fail to state his or her full name and residential
address, or
(b) without reasonable excuse, refuse or fail to produce evidence
of age as referred to in subsection (1) (b).
Maximum penalty: 10 penalty units.
(3) In this section:
authorised person means:
(a) a hotelier or an employee of a hotelier, or
(b) the secretary of a registered club or an employee of a registered
club, or
(c) a police officer.
54 Reasonable evidence of age
(1) Without limiting or precluding any other evidence that might
reasonably be accepted as evidence that a person is at least 18 years of
age, the regulations may make provision for the kind of evidence that,
for the purposes of this Act, would be evidence to that effect.
(2) A person under the age of 18 years who:
(a) provides information in order to obtain evidence of a kind
prescribed by the regulations for the purposes of this section,
and
(b) knows that the information is false or misleading in a material
particular,
is guilty of an offence.
Maximum penalty: 10 penalty units.
(3) A person who:
(a) provides or certifies information of a kind required to enable
that or any other person to obtain evidence of a kind prescribed
by the regulations for the purposes of this section, and
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Clause 54 Gaming Machines Bill 2001
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Division 4 Specific provisions relating to minors
(b) knows that the information is to be used in order to obtain
evidence, or that it is required in order to obtain evidence,
prescribed for those purposes, and
(c) knows that the information is intended to be used to obtain
evidence that will be false or misleading in a material particular,
is guilty of an offence.
Maximum penalty: 20 penalty units.
55 Minors not to be detained
A person under the age of 18 years may not be imprisoned, or detained
in a detention centre, as a consequence of a failure to pay a penalty
under this Act or an amount ordered to be paid under Division 4 of
Part 3 of the Fines Act 1996 in respect of a penalty notice issued under
this Act.
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Gaming Machines Bill 2001 Clause 56
Administrative controls in relation to gaming machines Part 5
Authorisation to keep or dispose of gaming machines Division 1
Part 5 Administrative controls in relation to gaming
machines
Division 1 Authorisation to keep or dispose of gaming
machines
56 Requirement for authorisation to keep or dispose of gaming machines
(1) A hotelier or registered club must not keep or dispose of an approved
gaming machine unless:
(a) the keeping or disposal of the gaming machine is authorised by
the Board, and
(b) the hotelier or club complies with the requirements of or under
this Act in relation to the keeping or disposal of the gaming
machine and with the conditions to which the authorisation is
subject.
Maximum penalty: 100 penalty units.
(2) The Board may, by instrument in writing, authorise a hotelier or
registered club to keep or dispose of approved gaming machines. An
authorisation to keep approved gaming machines may be varied by the
Board from time to time.
(3) An authorisation to keep approved gaming machines is an
authorisation that relates to the total number of approved gaming
machines kept in the hotel or registered club concerned at any one time
as well as to the keeping of a particular approved gaming machine.
(4) The total number of approved gaming machines that the Board may
authorise to be kept in a hotel from time to time consists of the
following:
(a) the number of approved poker machines that corresponds to the
number of poker machine entitlements allocated for the time
being in accordance with this Act in respect of the hotelier's
licence,
(b) the number of approved poker machines that corresponds to the
number of Liquor Act poker machine permits held by the
hotelier,
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Clause 56 Gaming Machines Bill 2001
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(c) the number of hardship gaming machines kept in the hotel,
(d) the number of approved amusement devices kept in the hotel.
(5) The total number of approved gaming machines that the Board may
authorise to be kept on any of the premises of a registered club from
time to time consists of the following:
(a) the number of approved poker machines that corresponds to the
number of poker machine entitlements allocated for the time
being in accordance with this Act in respect of the premises
concerned,
(b) the number of hardship gaming machines kept on those
premises,
(c) the number of approved amusement devices kept on those
premises.
(6) An authorisation by the Board under this section is subject:
(a) to such conditions as may be imposed by the Board in relation
to the keeping or disposal of the approved gaming machines to
which the authorisation relates, and
(b) to such conditions as are specified in this Act or as may be
prescribed by the regulations.
(7) The Board may vary an authorisation under this section in relation to
a particular approved gaming machine to allow a modification of the
gaming machine in accordance with section 64.
(8) In the instrument by which the Board authorises the keeping or
disposal of approved gaming machines, or by which it varies such an
authorisation, the Board is to identify each of the approved gaming
machines to which the authorisation relates.
57 Application for authorisation to keep or dispose of gaming machines
(1) An application to the Board by a hotelier or registered club (the
applicant):
(a) for authorisation to keep or dispose of an approved gaming
machine, or
(b) for a variation of an authorisation to keep an approved gaming
machine,
is to be in a form approved by the Board and is to be accompanied by
such documents as comply with the requirements of the form.
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(2) If, before a decision is made in respect of an application, there is a
change in the information provided in or accompanying the application
(including information provided under this subsection) the applicant
must immediately provide the Board with full particulars of the
change.
Maximum penalty: 50 penalty units.
(3) The Board may, at any time before making a decision in respect of an
application under this section, require the applicant to provide, or
require the applicant to authorise another person to provide, the Board
with such further information in relation to the application as is
specified by the Board and, until the information is provided, may
defer consideration of the application.
58 Cancellation of authorisations
(1) An authorisation by the Board to keep or dispose of an approved
gaming machine ceases to have effect if the authorisation:
(a) is suspended or cancelled by the Board or the Licensing Court,
or
(b) is cancelled by the operation of a provision of this Act, or
(c) relates to a poker machine or approved amusement device that
has, in accordance with section 64, ceased to be an approved
gaming machine.
(2) If, under the Liquor Act 1982, a hotelier's licence is removed to other
premises (whether or not those other premises are outside the
neighbourhood of the previous premises), the removal of the hotelier's
licence has the effect of cancelling the hotelier's authorisation to keep
any approved gaming machine.
(3) If, under the Registered Clubs Act 1976, the premises of a registered
club are removed to other premises (whether or not those other
premises are outside the neighbourhood of the previous premises), the
removal of the club's premises has the effect of cancelling the club's
authorisation to keep any approved gaming machine in the other
premises.
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Clause 59 Gaming Machines Bill 2001
Part 5 Administrative controls in relation to gaming machines
Division 1 Authorisation to keep or dispose of gaming machines
59 Authorisation to keep gaming machines in hotel subject to primary
purpose test
(1) An approved gaming machine cannot be authorised to be kept in a
hotel unless the Board is of the opinion that the primary purpose test
in respect of the hotel is satisfied.
(2) Without limiting the factors to which the Board may have regard in
determining whether or not the primary purpose test in respect of the
hotel is satisfied, the Board may have regard to any or all of the
following:
(a) the proposed or actual physical layout of facilities in the hotel,
including the positioning of any approved gaming machines in
the hotel,
(b) the general manner in which gambling activities are to be
conducted in the hotel,
(c) the general manner in which the overall business of the hotel is
conducted.
(3) It is a condition of a hotelier's authorisation to keep approved gaming
machines that the hotelier complies with the primary purpose test in
respect of the hotel.
(4) If the Director is of the opinion that a hotelier has failed to comply
with the primary purpose test in respect of the hotel, the Director may
give a direction in writing to the hotelier requiring the hotelier to take
remedial action specified in the direction within the time specified in
the direction.
(5) The hotelier must comply with any such direction.
Maximum penalty: 100 penalty units.
(6) The Director may revoke or vary a direction given under this section.
60 Gaming machines not permitted in retail shopping centres
(1) In this section:
retail shopping centre means a retail shopping centre within the
meaning of the Retail Leases Act 1994, and includes:
(a) any adjoining building, or
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(b) anything declared to be a retail shopping centre by the
regulations,
but does not include anything excluded from this definition by the
regulations.
(2) An approved gaming machine cannot be authorised to be kept in a
hotel or registered club:
(a) that is part of a retail shopping centre or proposed retail
shopping centre, or
(b) that was part of a retail shopping centre within the previous 12
months.
(3) Subsection (2) does not apply to an authorisation that does not result
in an increase in the total number of approved gaming machines
authorised to be kept in the hotel or registered club.
(4) If an application is granted under the Liquor Act 1982 for the removal
of a hotelier's licence to premises that are part of a retail shopping
centre or proposed retail shopping centre, any authorisation to keep
approved gaming machines in the hotel ceases.
(5) If an application is granted under the Registered Clubs Act 1976 that
results in any part of a registered club being moved or extending to a
retail shopping centre or proposed retail shopping centre, any
authorisation to keep approved gaming machines in that part of the
premises of the club ceases.
(6) This section extends to a poker machine or device kept in a hotel or
registered club on a trial basis as provided by section 66.
61 Clubs may keep multi-terminal gaming machines
(1) In this section:
multi-terminal gaming machine means an approved gaming machine
that:
(a) is designed to be played by more than one player at the one
time, and
(b) is equipped with more than one player terminal.
(2) The Board may authorise a registered club to keep a multi-terminal
gaming machine.
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Clause 61 Gaming Machines Bill 2001
Part 5 Administrative controls in relation to gaming machines
Division 1 Authorisation to keep or dispose of gaming machines
(3) The number of multi-terminal gaming machines that the Board may
authorise to be kept in a registered club must not exceed such number
as may be prescribed by the regulations.
(4) A registered club must not keep a multi-terminal gaming machine if
the maximum amount for any single bet, or the maximum amount of
any prize, exceeds the maximum amount, respectively, prescribed by
the regulations.
Maximum penalty: 100 penalty units.
(5) For the purposes of this Act, each player terminal that forms part of a
multi-terminal gaming machine is, except as provided by the
regulations, taken to be (and accordingly to be counted as) a separate
approved gaming machine.
Division 2 Approval of gaming machines by Board
62 Board may approve of technical standards
(1) The Board may, from time to time, approve of technical standards in
relation to poker machines and devices in the nature of approved
amusement devices for the purposes of ensuring the integrity of
gaming by the use of poker machines and such devices.
(2) Any such technical standards are referred to in this Act as the
approved technical standards.
63 Application for declaration of device as approved gaming machine
(1) The holder of a dealer's licence may apply to the Board for declaration
of a device as:
(a) an approved poker machine, or
(b) an approved amusement device.
(2) The Board may:
(a) investigate any such application, or authorise its investigation,
in order to determine whether the device is suitable for
declaration, and
(b) require the applicant to meet the cost of the investigation.
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Gaming Machines Bill 2001 Clause 63
Administrative controls in relation to gaming machines Part 5
Approval of gaming machines by Board Division 2
(3) It is a condition of the dealer's licence held by the applicant that the
applicant is to pay to the Board, within a time allowed by the Board,
such of the costs of the investigation as may be required by the Board
and is to do so even if the investigation is terminated without a
decision being made as to whether or not the device is to be declared
to be an approved gaming machine. Any such costs may be reviewed
by the Board only.
(4) This section does not:
(a) confer a right to have a device investigated, or
(b) prevent the Board from terminating at its discretion an
investigation of a device.
64 Declaration of approved gaming machines
(1) The Board may declare that a device referred to in the declaration is an
approved poker machine or approved amusement device for the
purposes of this Act.
(2) A declaration under this section:
(a) may refer to a device specifically or by reference to a class or
description of devices, and
(b) may be a temporary declaration pending final determination of
an application for declaration of the device as an approved
gaming machine.
(3) The Board may refuse to make a declaration of a device as an
approved poker machine or approved amusement device if the Board
is of the opinion that the declaration would relate to a device that does
not meet the approved technical standards.
(4) If an approved gaming machine kept by a hotelier or registered club is
modified in such a way that it is in the form of a different approved
gaming machine, it ceases to be an approved gaming machine despite
being in that form unless:
(a) the material used to effect the modification was supplied by the
holder of a dealer's licence (either directly or through the holder
of another gaming-related licence), and
(b) the modification was effected in accordance with a variation of
the authorisation in force in relation to the keeping of the
approved gaming machine.
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Clause 64 Gaming Machines Bill 2001
Part 5 Administrative controls in relation to gaming machines
Division 2 Approval of gaming machines by Board
(5) A minor or insignificant variation does not prevent a device from being
an approved gaming machine if the variation does not affect its
security or integrity or the manner in which the device from which it
varies was designed and programmed to function.
(6) The Board may revoke a declaration in force under this section if it
considers that it is necessary to do so in the public interest or if it is a
temporary declaration.
(7) A device ceases to be an approved gaming machine if its declaration
as an approved gaming machine is revoked.
(8) If the Board revokes the declaration of a device as an approved gaming
machine, the revocation does not take effect until the hotelier,
registered club or holder of the dealer's licence who is in possession
of the device has been given, or served by post with, written notice of
the revocation.
65 Dealer may make representations on investigation of gaming machine
or revocation of declaration
(1) Before the Board decides:
(a) to terminate the investigation of an application by the holder of
a dealer's licence (the licensee) for declaration of a device as an
approved gaming machine, or
(b) to refuse such an application, or
(c) to revoke the declaration of a device as an approved gaming
machine that was made on the application of a licensee,
the Board must serve on the licensee concerned a notice in writing.
(2) The notice is to:
(a) specify the reasons why the Board is considering taking the
action specified in the notice, and
(b) give the licensee an opportunity to show cause within such
period of at least 14 days as is specified in the notice why the
Board should not take that action.
(3) The licensee may, within the period allowed by the notice, arrange
with the Board for the making of submissions to the Board as to why
the proposed action should not be taken and the Board is to consider
any submissions so made.
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Gaming Machines Bill 2001 Clause 65
Administrative controls in relation to gaming machines Part 5
Approval of gaming machines by Board Division 2
(4) After considering any submissions made by the licensee, or if no such
submissions are made, the Board may:
(a) proceed with the proposed action, or
(b) conditionally or unconditionally decide not to take the proposed
action.
(5) The decision of the Board takes effect when written notice of the
decision is given to the licensee or on a later date specified in the
notice.
66 Non-approved gaming machines may be kept on trial basis
(1) A hotelier or registered club may, with the approval of the Board and
subject to compliance with any conditions imposed by the Board, keep
on a trial basis for a period fixed by the Board:
(a) a poker machine that is not an approved poker machine, or
(b) a device that is in the nature of, but is not, an approved
amusement device.
(2) A poker machine entitlement cannot be allocated in relation to any
such poker machine or device.
(3) If a poker machine or device is kept as provided by subsection (1), the
poker machine or device is taken to be an approved gaming machine
authorised to be kept in the hotel or club concerned for the purposes
of this Act (except section 73) and the Gaming Machine Tax Act 2001.
Division 3 Transfer of Board's functions
67 Transfer of Board's functions in relation to approved gaming machines
(1) The regulations may provide that any function of the Board under this
Act in relation to approved gaming machines may be exercised by a
person other than the Board.
(2) Any such regulation is to specify:
(a) the function of the Board that is to be exercised, and
(b) the person who may exercise the function.
(3) The regulations may make provision with respect to any matter that is
relevant to the exercising of a function of the Board by a person other
than the Board.
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Clause 67 Gaming Machines Bill 2001
Part 5 Administrative controls in relation to gaming machines
Division 3 Transfer of Board's functions
(4) If, in accordance with this section and the regulations, the functions of
the Board in relation to authorising the keeping of approved gaming
machines are exercised by the CMS licensee, the CMS licensee may
charge a fee in connection with the exercising of those functions. The
amount of the fee, and the manner in which it is paid, is to be
determined in accordance with the arrangements entered into by the
CMS licensee and the hotelier or registered club to whom or which the
authorisation relates.
(5) A delegation by the Board under section 75 of the Liquor Act 1982 has
no effect if it is inconsistent with a regulation made in accordance with
this section.
(6) This section does not apply to the functions of the Board in so far as
they relate to the specification of technical standards for approved
gaming machines, linked gaming systems within the meaning of Part
10 or equipment used in the connection of approved gaming machines
to an authorised CMS.
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Gaming Machines Bill 2001 Clause 68
Miscellaneous offences Part 6
Part 6 Miscellaneous offences
68 Hotel gaming rooms
If more than 10 approved gaming machines are kept in a hotel, the
hotelier must ensure that:
(a) no more than 5 approved gaming machines are located in the
general bar area of the hotel, and
(b) the others (or all of them if none are located in the general bar
area) are located in another area (a gaming room) that
conforms to the requirements of the regulations.
Maximum penalty: 100 penalty units.
69 Possession of gaming machines that are not approved
(1) A person (including a hotelier or registered club) must not be in
possession of:
(a) a poker machine unless it is an approved poker machine, or
(b) a device that is in the nature of an approved amusement device
unless the device is an approved amusement device.
Maximum penalty: 100 penalty units or imprisonment for 12 months,
or both.
(2) Subsection (1) does not apply to the possession of a poker machine or
device that is in the nature of an approved amusement device:
(a) by a person who is the holder of a gaming-related licence, or
(b) if the Board has agreed to the making of an application under
section 63 to have the poker machine or device declared by the
Board to be an approved gaming machine and the possession
is for the purposes of the application, or
(c) in any case where the Board terminates an investigation of, or
refuses to approve, such an application--if the possession is for
the purpose of disposing of the poker machine or device in a
manner directed by the Board when notifying the applicant of
the termination or refusal and does not extend beyond a
reasonable time, or
(d) in such other circumstances as may be prescribed by the
regulations.
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Clause 70 Gaming Machines Bill 2001
Part 6 Miscellaneous offences
70 Possession of approved gaming machine by unauthorised persons
(1) A person who is in possession of an approved gaming machine is
guilty of an offence unless the person:
(a) is the holder of a gaming-related licence, or
(b) is a hotelier or registered club lawfully in possession of the
approved gaming machine, or
(c) has possession of the approved gaming machine in the ordinary
course of a business involving the transportation or storage of
goods, or
(d) is a special inspector exercising functions under this Act, or
(e) is in lawful possession of the approved gaming machine as a
consequence of its seizure under the authority of a search
warrant under section 184.
Maximum penalty: 100 penalty units or imprisonment for 12 months,
or both.
(2) This section does not apply to the possession of an approved gaming
machine:
(a) by a hotelier if the hotelier's licence has been cancelled under
the Liquor Act 1982 and the possession has not extended
beyond a reasonable time after the cancellation, or
(b) by a registered club if:
(i) the club has been disqualified from holding a certificate
of registration under the Registered Clubs Act 1976 and
the period of disqualification has not expired, or
(ii) the certificate of registration of the club has been
cancelled under that Act,
and the possession has not extended beyond a reasonable time
after the disqualification or cancellation.
(3) This section does not apply to a person in possession of an approved
gaming machine if:
(a) the possession resulted from the exercise of a power conferred
on the person by a mortgage and has not extended beyond a
reasonable time after the exercise of the power, or
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Gaming Machines Bill 2001 Clause 70
Miscellaneous offences Part 6
(b) if the person obtained possession of the gaming machine by
exercising a power or proprietary right under financial or other
arrangements approved by the Board and has not retained
possession beyond a reasonable time after the exercise of the
power.
71 Supply and purchase of gaming machines
(1) A person who supplies or offers to supply an approved gaming
machine otherwise than by way of sale is guilty of an offence unless
the supply or offer has been approved by the Board and any conditions
imposed by the Board when giving the approval are complied with.
Maximum penalty: 100 penalty units or imprisonment for 12 months,
or both.
(2) A person who purchases or offers to purchase an approved gaming
machine is guilty of an offence unless the gaming machine is
purchased from, or the offer is made to, a person who is authorised by
or under this Act to sell the gaming machine.
Maximum penalty: 100 penalty units or imprisonment for 12 months,
or both.
(3) A person who supplies an approved gaming machine to a hotelier or
registered club is guilty of an offence unless the keeping of the gaming
machine by the hotelier or club would be lawful.
Maximum penalty: 50 penalty units.
(4) A person who supplies, or offers to supply, an approved gaming
machine is guilty of an offence if possession of the gaming machine by
the person to whom the gaming machine is supplied or offered is or
would be unlawful.
Maximum penalty: 100 penalty units.
(5) This section does not prohibit the supply of an approved gaming
machine by:
(a) a hotelier or registered club with the approval of the Board if
any conditions imposed by the Board when approving the
disposal of the gaming machine are complied with, or
(b) a hotelier whose hotelier's licence has been cancelled (or who
has been disqualified for a period from holding such a licence)
if the supply is effected in accordance with arrangements
approved by the Board, or
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Clause 71 Gaming Machines Bill 2001
Part 6 Miscellaneous offences
(c) a club in respect of which the certificate of registration has been
cancelled (or which has been disqualified for a period from
holding a certificate of registration) if the supply is effected in
accordance with arrangements approved by the Board.
72 Restrictions on keeping or modification of gaming machines
(1) A hotelier or registered club must not keep or modify an approved
gaming machine unless:
(a) the property in the gaming machine passes to the hotelier or
club unconditionally and free from encumbrances after being
paid for in full by the hotelier or club without the hotelier or
club having obtained financial accommodation in order to make
the payment, or
(b) the gaming machine is kept or modified in accordance with
financial and other arrangements approved by the Board,
under a written contract that includes such terms and conditions as
may be prescribed by the regulations.
Maximum penalty: 100 penalty units.
(2) Any change in the financial or other arrangements under which a
hotelier or registered club keeps or modifies an approved gaming
machine is void without the prior written consent of the Board.
73 Sharing of receipts from gaming machines
(1) Subject to Part 11, a hotelier or registered club must not:
(a) share any receipts arising from the operation of an approved
gaming machine, or
(b) make any payment or part payment by way of commission or
an allowance from or on any such receipts.
Maximum penalty: 100 penalty units.
(2) This section does not apply in respect of an approved gaming machine
that is part of an authorised linked gaming system if:
(a) in the case of a hotelier--an agreement exists between the
hotelier and a participating hotelier (within the meaning of Part
10) in relation to the linked gaming system for the sharing of
receipts, or
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Gaming Machines Bill 2001 Clause 73
Miscellaneous offences Part 6
(b) in the case of a registered club--an agreement exists between
the club and a participating club (within the meaning of Part
10) in relation to the linked gaming system for the sharing of
receipts.
74 Granting interests in gaming machines
(1) Subject to Part 11, a hotelier or registered club must not grant any
interest in an approved gaming machine to any other person.
Maximum penalty: 100 penalty units.
(2) This section does not apply:
(a) to an interest in an approved gaming machine that arises from
an interest (such as a floating charge) granted over the whole of
the hotelier's or registered club's assets (or over a portion of the
hotelier's or registered club's assets) that includes, but does not
specifically identify, the approved gaming machine, or
(b) to an interest in an approved gaming machine that is granted in
accordance with financial or other arrangements approved by
the Board.
75 Prohibition on gaming machines that provide cash or credit otherwise
than as a prize
A hotelier or registered club is guilty of an offence if an approved
gaming machine available for use in the hotel or club is capable of
being operated to provide cash or credit otherwise than as a prize.
Maximum penalty: 100 penalty units.
76 Defective gaming machines
(1) A hotelier or registered club is guilty of an offence if an approved
gaming machine available for use in the hotel or club fails to function
in the manner in which it was designed and programmed to function.
Maximum penalty: 100 penalty units.
(2) It is a defence to a prosecution for an offence under subsection (1) if
it is proved:
(a) that the operation of the approved gaming machine was for
testing or maintenance purposes, or
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Clause 76 Gaming Machines Bill 2001
Part 6 Miscellaneous offences
(b) that the hotelier, or the secretary or other person for the time
being in charge of the club:
(i) had taken all reasonable precautions to ensure that the
approved gaming machine was functioning properly,
and
(ii) at the time of the alleged offence did not know, and
could not reasonably be expected to have known, that
the machine was not functioning properly.
77 Protection of sensitive areas of gaming machines
(1) It is an offence for a person (other than an authorised person) to do any
of the following:
(a) break a seal securing a computer cabinet or gain access to
anything within a computer cabinet,
(b) affix a seal to a computer cabinet,
(c) remove, replace or in any way affect or interfere with the
operation of a computer cabinet or anything within a computer
cabinet,
(d) break a seal protecting the integrity of the game program of an
approved gaming machine,
(e) remove, or interfere with, any security device on an approved
gaming machine,
(f) remove, or interfere with, the housing protecting the meters of
an approved gaming machine,
(g) remove, disconnect or interfere with a meter of an approved
gaming machine,
(h) interfere with information received, stored or transmitted
electronically by an approved gaming machine,
(i) remove, or interfere with, any mark or seal affixed to an
approved gaming machine to preserve the integrity of operation
of the machine.
Maximum penalty: 100 penalty units.
(2) An authorised person must, if the person breaks any seal in doing
anything referred to in subsection (1), replace the seal.
Maximum penalty: 100 penalty units.
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Gaming Machines Bill 2001 Clause 77
Miscellaneous offences Part 6
(3) A person (including an authorised person) who removes, alters or
otherwise interferes with the compliance plate on an approved gaming
machine is guilty of an offence.
Maximum penalty: 100 penalty units.
(4) Subsection (3) does not prevent the holder of a technician's licence
from doing any of the following things in relation to the compliance
plate on an approved gaming machine (so long as the gaming machine
is not operated at any time when the compliance plate is not attached
to the machine):
(a) moving the compliance plate to another part of the gaming
machine,
(b) removing the compliance plate if it is damaged, and replacing
it with a new compliance plate,
(c) destroying any such damaged compliance plate,
(d) temporarily removing the compliance plate in order to enable
work to be done to the facade of the gaming machine.
(5) A person who authorises or permits another person to act in a way that
is an offence under another provision of this section is also guilty of an
offence.
Maximum penalty: 100 penalty units.
(6) In this section:
authorised person means a special inspector or the holder of a
technician's licence.
compliance plate has the same meaning as in section 121.
computer cabinet means the sealable part of an approved gaming
machine that contains the game program storage medium and the
random access memory.
78 Modification of gaming machines
(1) A person who modifies an approved gaming machine in such a way
that it is in the form of a different approved gaming machine is guilty
of an offence unless:
(a) the person holds a technician's licence, or
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Clause 78 Gaming Machines Bill 2001
Part 6 Miscellaneous offences
(b) the modification does not, as provided by section 64, prevent
the device concerned from being an approved gaming machine.
(2) The holder of a technician's licence who modifies an approved gaming
machine in such a way that it is in the form of a different approved
gaming machine is guilty of an offence unless there is returned within
a reasonable time to the supplier of the materials for the conversion so
much of the device concerned as ceased to form part of it after its
conversion and comprised:
(a) a meter, circuit board, read-only memory device or artwork, or
(b) a component prescribed as a restricted component.
Maximum penalty: 100 penalty units or imprisonment for 12 months,
or both.
79 Consignment or movement of gaming machines
(1) The holder of a dealer's licence, seller's licence or adviser's licence
who consigns or moves an approved gaming machine:
(a) to or from any place at which the licensee carries on the
business authorised by the licence, or
(b) from outside the State to a place within the State,
must give the Director a written notification stating the particulars
required by this section no later than 3 clear days before the
consignment or movement or within such other time as may be
approved by the Director.
Maximum penalty: 50 penalty units.
(2) The required particulars are as follows:
(a) the number and type of approved gaming machines,
(b) the manufacturer's serial number for each of the approved
gaming machines,
(c) the origin and destination of the approved gaming machines,
(d) the intended dates of transportation,
(e) the intended method of transport and the name of the carrier.
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Gaming Machines Bill 2001 Clause 79
Miscellaneous offences Part 6
(3) The Director may, conditionally or unconditionally, grant an
exemption from the operation of this section in a particular case or a
particular class of cases.
80 Cheating and unlawful interference with gaming machines
(1) A person who:
(a) has possession of a device made or adapted, or intended by the
person to be used, for interfering with the normal operation of
an approved gaming machine in a hotel or registered club, or
(b) does anything calculated, or likely, to interfere with the normal
operation of an approved gaming machine in a hotel or
registered club, or
(c) does anything calculated to render an approved gaming
machine in a hotel or registered club incapable, even
temporarily, of producing a winning combination,
is guilty of an offence.
(2) Subsection (1) does not apply to anything done in good faith in
connection with:
(a) the installation, alteration, adjustment, maintenance or repair of
an approved gaming machine by the holder of a technician's
licence, or
(b) the exercise by a person of a function conferred or imposed by
this Act on a special inspector.
(3) A person who, with intent to dishonestly obtain money or a financial
advantage for himself or herself or another person, inserts in an
approved gaming machine in a hotel or registered club anything other
than:
(a) a coin or token of the denomination or type displayed on the
gaming machine as that to be used to operate the gaming
machine, or
(b) a banknote of a denomination approved by the Board for use in
order to operate the gaming machine, or
(c) a card of a type approved by the Board for use in order to
operate the gaming machine,
is guilty of an offence.
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Clause 80 Gaming Machines Bill 2001
Part 6 Miscellaneous offences
(4) A person who, in connection with an approved gaming machine in a
hotel or registered club:
(a) by any fraudulent representation, or
(b) by a fraudulent scheme or practice, or
(c) by the fraudulent use of the approved gaming machine or any
other thing,
obtains for himself or herself or another person, or induces a person to
deliver, give or credit to him or her or another person, any money,
benefit, advantage, valuable consideration or security, is guilty of an
offence.
(5) A person who, without lawful excuse, uses or has in his or her
possession in a hotel or registered club any equipment, device or thing
that permits or facilitates cheating or stealing in connection with an
approved gaming machine is guilty of an offence.
(6) A person who knows of any faulty or fraudulent computer
programming and as a result gains, or gains for another person, an
advantage in the operation of an approved gaming machine is guilty of
an offence.
(7) A person who authorises or permits another person to act in a way that
is an offence under another provision of this section is guilty of an
offence.
Maximum penalty: 100 penalty units or imprisonment for 12 months,
or both.
81 Illegal advantage gained during design etc of gaming machines
(1) A person who, during the design, manufacture, assembly, maintenance
or repair of an approved gaming machine, dishonestly makes provision
to gain an advantage (whether or not for another person) in the
operation of the gaming machine is guilty of an offence.
(2) A person who, as a result of gross negligence during the design,
manufacture, assembly, maintenance or repair of an approved gaming
machine, makes provision to gain an advantage (whether or not for
another person) in the operation of the gaming machine is guilty of an
offence.
(3) A person who does anything to an approved gaming machine in order
to conceal anything that is an offence under subsection (1) or (2) is
guilty of an offence.
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Gaming Machines Bill 2001 Clause 81
Miscellaneous offences Part 6
(4) A person who authorises or permits another person to act in a way that
is an offence under another provision of this section is guilty of an
offence.
Maximum penalty: 100 penalty units or imprisonment for 12 months,
or both.
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Clause 82 Gaming Machines Bill 2001
Part 7 Gaming-related licences
Division 1 Preliminary
Part 7 Gaming-related licences
Division 1 Preliminary
82 Definitions
In this Part:
gaming machine adviser means a person who, under a contract of
service or a contract for services, advises other persons, or issues
analyses or reports, about poker machines or approved amusement
devices, but does not include any of the following persons who give
any such advice, or who issue or publish any such analyses or reports,
in the circumstances as specified:
(a) a legal practitioner or accountant when practising as a legal
practitioner or accountant,
(b) the secretary of a registered club when carrying out his or her
duties as secretary of the club,
(c) a hotelier or the manager of a hotel when carrying out duties as
a hotelier or as the manager of a hotel.
licence fee means the fee payable for a gaming-related licence under
this Part in respect of a licensing period.
licensing period means a period prescribed by the regulations for the
purposes of section 108.
records includes plans, specifications, maps, reports, books and other
documents (whether in writing, in electronic form or otherwise).
83 Types of gaming-related licences and authority they confer
(1) For the purposes of this Act, the types of gaming-related licences, and
the authority they confer, are as follows:
(a) gaming machine dealer's licence--authorises the licensee:
(i) to manufacture and assemble poker machines and
devices in the nature of approved amusement devices in
the place or places specified in the licence, and
(ii) to sell, or negotiate the sale of, approved gaming
machines (whether or not manufactured or assembled
by the licensee), and
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Gaming Machines Bill 2001 Clause 83
Gaming-related licences Part 7
Preliminary Division 1
(iii) to service, repair and maintain approved gaming
machines, and
(iv) to act as a gaming machine adviser,
(b) gaming machine seller's licence--authorises the licensee:
(i) as an employee of the holder of a dealer's licence,
seller's licence or adviser's licence--to negotiate on
behalf of the employer the sale of approved gaming
machines, and
(ii) to sell, as principal or agent, approved gaming
machines,
(c) gaming machine technician's licence--authorises the licensee:
(i) to service, repair and maintain approved gaming
machines, and
(ii) as an employee of the holder of a testing facility
licence--to carry out, in the course of that employment,
the authorised functions of that licensee,
(d) gaming machine adviser's licence--authorises the licensee:
(i) to act as a gaming machine adviser, and
(ii) to exercise the authority conferred by a seller's licence,
(e) gaming machine testing facility licence--authorises the
licensee, in or on the premises specified in the licence, to test
poker machines or devices that are in the nature of approved
amusement devices:
(i) in connection with an application under section 63, or
(ii) in such other circumstances as the Board may
determine,
to ascertain whether the poker machines or devices meet the
technical standards adopted by the Board.
(2) The authority conferred by a gaming-related licence is subject to this
Act and to any conditions to which the licence is subject.
(3) If a corporation is the holder of a dealer's licence, seller's licence or
testing facility licence, the authority conferred by this section on the
corporation extends to a director or secretary of the corporation.
(4) The Board may, on the application of the holder of a dealer's licence,
vary by endorsement on the licence the place or places referred to in
subsection (1) (a) (i).
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Clause 84 Gaming Machines Bill 2001
Part 7 Gaming-related licences
Division 2 Requirement for gaming-related licences
Division 2 Requirement for gaming-related licences
84 Manufacturing or assembling of gaming machines
(1) A person who manufactures or assembles a poker machine or a device
that is in the nature of an approved amusement device is guilty of an
offence unless the person:
(a) holds a dealer's licence, or
(b) is a director or secretary of a corporation that holds a dealer's
licence, or
(c) is an employee of the holder of a dealer's licence and is doing
work as such an employee.
Maximum penalty: 100 penalty units or imprisonment for 12 months,
or both.
(2) The holder of a dealer's licence who manufactures or assembles a
poker machine or device that is in the nature of an approved
amusement device otherwise than in accordance with the authority
conferred by the licence is guilty of an offence.
Maximum penalty: 100 penalty units or imprisonment for 12 months,
or both.
(3) Subsection (2) does not apply to the manufacture or assembly of a
poker machine or device in the nature of an approved amusement
device by the holder of a dealer's licence if:
(a) the Board has agreed to the making of an application by the
licensee to have the poker machine or device declared as an
approved gaming machine, and
(b) the manufacture or assembly of the poker machine or device is
for the purposes of the application and its investigation.
85 Sale of gaming machines
(1) A person who sells an approved gaming machine is guilty of an
offence unless:
(a) the person is the holder of a dealer's licence, seller's licence or
adviser's licence, or
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Gaming-related licences Part 7
Requirement for gaming-related licences Division 2
(b) the person is a director or secretary of a corporation that is the
holder of such a licence.
Maximum penalty: 100 penalty units or imprisonment for 12 months,
or both.
(2) It is a defence to a prosecution for an offence under subsection (1) if
it is proved that the defendant, without being the holder of a seller's
licence or adviser's licence, exercised a function of the holder of such
a licence but did so only:
(a) for the purpose of receiving training or instruction in the
exercise of the function, and
(b) under the supervision of the holder of such a licence.
(3) It is a defence to a prosecution for an offence under subsection (1) if
it is proved that the sale is to a purchaser at a price, and on terms and
conditions, approved by the Board and is:
(a) a sale by a hotelier or club (whether or not a registered club) of
an approved gaming machine that is, or was, an approved
gaming machine kept by the hotelier or club, or
(b) a sale by a mortgagee of the approved gaming machine in the
exercise of a power conferred by the mortgage, or
(c) a sale by a person (other than a mortgagee) who obtained
possession of the approved gaming machine by exercising a
power or proprietary right under financial and other
arrangements approved by the Board.
(4) The holder of a dealer's licence, seller's licence or adviser's licence
who sells an approved gaming machine otherwise than as authorised
by the licence is guilty of an offence.
Maximum penalty: 100 penalty units or imprisonment for 12 months,
or both.
(5) This section does not prohibit the sale of an approved gaming machine
by:
(a) a hotelier or registered club with the approval of the Board if
any conditions imposed by the Board when approving the
disposal of the gaming machine are complied with, or
(b) a hotelier whose hotelier's licence has been cancelled or who
has been disqualified for a period from holding such a licence,
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if the sale is effected in accordance with arrangements approved
by the Board, or
(c) a club in respect of which the certificate of registration has been
cancelled or which has been disqualified for a period from
holding a certificate of registration, if the sale is effected in
accordance with arrangements approved by the Board.
86 Servicing and repair of gaming machines
(1) A person who services or repairs an approved gaming machine is
guilty of an offence unless the person:
(a) holds a dealer's licence or technician's licence, or
(b) services or repairs the gaming machine under the supervision
of the holder of such a licence for the purpose of receiving
training and instruction in respect of the servicing and repair of
approved gaming machines.
Maximum penalty: 100 penalty units or imprisonment for 12 months,
or both.
(2) The holder of a dealer's licence or technician's licence who services
or repairs an approved gaming machine otherwise than in accordance
with the authority conferred by the licence is guilty of an offence.
Maximum penalty: 100 penalty units or imprisonment for 12 months,
or both.
87 Advice relating to gaming machines
(1) A person who acts as a gaming machine adviser without being the
holder of a dealer's licence or adviser's licence is guilty of an offence.
Maximum penalty: 100 penalty units or imprisonment for 12 months,
or both.
(2) The holder of a dealer's licence or adviser's licence who acts as a
gaming machine adviser otherwise than in accordance with the
authority conferred by the licence is guilty of an offence.
Maximum penalty: 100 penalty units or imprisonment for 12 months,
or both.
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Division 3 Licensing scheme
88 Applications for gaming-related licences
(1) A person may apply to the Licensing Court for a gaming-related
licence.
(2) The Licensing Court may refuse or grant such an application.
(3) An application for a gaming related licence must:
(a) be in the form approved by the Board, and
(b) be accompanied by the fee prescribed by the regulations, and
(c) be made in the manner prescribed by the regulations, and
(d) if so required by the regulations, be advertised in accordance
with the regulations.
(4) An application for a gaming-related licence may not be made by:
(a) a person who is under the age of 18 years, or
(b) a person who is disqualified under section 131 from holding a
gaming-related licence, or
(c) a person who is the holder of a suspended gaming-related
licence.
(5) An application for a gaming-related licence of a particular type:
(a) may be made only by persons of a class or description
prescribed by the regulations, or
(b) may not be made by a person of a class or description
prescribed by the regulations,
if the regulations so provide in relation to that type of gaming-related
licence.
(6) Sections 97100 do not apply to an application for a gaming-related
licence made by a person who holds another gaming-related licence
under this Act.
89 Interim work permits
(1) The Principal Registrar may, pending the determination of an
application for:
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(a) a seller's licence, or
(b) a technician's licence, or
(c) an adviser's licence, or
(d) a testing facility licence,
issue a work permit in a form approved by the Board.
(2) A work permit is subject to any conditions or restrictions of which the
holder of the permit is notified by the Principal Registrar when issuing
the permit.
(3) A work permit may be cancelled by the Principal Registrar at any time
and, unless sooner surrendered or cancelled, ceases to have effect on
approval or refusal of the application made by the holder of the work
permit for a gaming-related licence.
(4) Subject to any condition or restriction imposed under subsection (2),
this Act applies to the holder of a work permit in the same way as it
applies to the holder of a gaming-related licence of the same kind as
that applied for by the holder of the work permit.
90 Director's report required before application may be granted
(1) An application for a gaming-related licence cannot be granted by the
Licensing Court unless the Licensing Court has received and
considered a report by the Director as to any investigations and
inquiries carried out, or reports received, under this Division.
(2) However, the Licensing Court may hear and determine such an
application if any investigation, inquiry or report under this Division
has not been completed, or received by the Court, within 3 months
after the application was lodged.
(3) The 3-month period may be extended by the Licensing Court on
application being made by the Director before the end of the period.
91 Disclosure of interested parties
(1) An application for a gaming-related licence (other than an application
to be licensed as an employee), must be accompanied by an affidavit
by a person having knowledge of the facts stating:
(a) that the person has made all reasonable inquiries to ascertain
the information required to complete the affidavit, and
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(b) whether there are any persons (other than financial institutions)
who will be interested in the business, or the profits of the
business, carried on under the licence, and
(c) if there are any such persons, their names and dates of birth
and, in the case of a proprietary company, the names of the
directors and shareholders.
(2) For the purposes of subsection (1), a person is interested in the
business, or the profits of the business, carried on under the licence if
the person is entitled to receive:
(a) any income derived from the business, or any other financial
benefit or financial advantage from the carrying on of the
business (whether the entitlement arises at law or in equity or
otherwise), or
(b) any rent, profit or other income in connection with the use or
occupation of premises on which the business is to be carried
on.
92 Updating of applications
If, before an application for a gaming-related licence is granted or
refused, a change occurs in the information provided in, or in
connection with, the application (including information provided under
this section) or in the documents lodged with the application, the
applicant must immediately give the Principal Registrar notice in
writing specifying particulars of the change.
Maximum penalty: 20 penalty units.
93 Principal Registrar to refer certain applications to Director
(1) A registrar (other than the Principal Registrar) with whom an
application to the Licensing Court for a gaming-related licence is
lodged is to refer the application to the Principal Registrar.
(2) The Principal Registrar is to refer to the Director for investigation:
(a) each application to the Licensing Court for a gaming-related
licence that is lodged with the Principal Registrar or referred to
the Principal Registrar by another registrar, and
(b) any changes of which the Principal Registrar is notified under
section 92 in relation to such an application.
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Clause 94 Gaming Machines Bill 2001
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94 Investigations by Director
(1) On receiving for investigation an application for a gaming-related
licence, the Director is to carry out all such investigations and inquiries
in relation to the applicant as are considered by the Director to be
appropriate for a proper consideration of the application. The Director
is to complete those investigations and inquiries within 6 months after
the application is lodged.
(2) In particular, the Director is to refer to the Commissioner of Police
details of the applicant together with any supporting information in
relation to the applicant that the Director considers to be appropriate
for referral to the Commissioner.
(3) The Commissioner of Police is to inquire into, and report to the
Director on, such matters concerning the applicant as the Director may
request.
(4) An application is to proceed to be dealt with even if any investigation,
inquiry or report under this section in relation to the applicant has not
been completed within 6 months after the application was made.
95 Director may require further information
(1) The Director may, by notice in writing, require a person whose
application for a gaming-related licence has been referred to the
Director, or may require a close associate of any such person, to do one
or more of the following things:
(a) provide, in accordance with directions in the notice, such
information verified by statutory declaration as is relevant to the
investigation of the application and is specified in the notice,
(b) produce, in accordance with directions in the notice, such
records as are relevant to the investigation of the application
and permit examination of the records, the taking of extracts
from them and the making of copies of them,
(c) authorise a person described in the notice to comply with a
requirement of the kind referred to in paragraph (a) or (b),
(d) furnish to the Director such authorities and consents as the
Director requires for the purpose of enabling the Director to
obtain information (including financial and other confidential
information) from other persons concerning the person and his
or her associates.
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(2) A person who complies with a requirement of a notice under this
section does not on that account incur a liability to another person.
(3) The Licensing Court may refuse to grant an application for a
gaming-related licence if a requirement made under this section in
relation to the application is not complied with.
96 Expenses of investigation of application
(1) The Licensing Court may, on the application of the Director or the
Commissioner of Police, order an applicant for a gaming-related
licence to pay to the Board within a stated time the amount required by
this section and any amount involved in investigating whether or not
to issue a certificate under section 102 (2).
(2) The amount required is a specified amount towards defraying the cost
of anticipated expenditure outside the State, and anticipated travelling
expenses (whether within or outside the State), involved in
investigating the application for the licence.
(3) If an applicant for a gaming-related licence is required to make a
payment under this section and fails to make the payment:
(a) the Director may refuse to proceed with investigation of the
application, and
(b) the Licensing Court may refuse to hear the application and may
dismiss it.
97 Objections to granting of applications
(1) An objection to the granting by the Licensing Court of an application
for a gaming-related licence may be made:
(a) by the Commissioner of Police, or
(b) by the Director, or
(c) except in the case of an application to be licensed as an
employee--by the local consent authority in relation to the
premises on or from which it is proposed to carry on the
business to which the application relates, or
(d) by any other person with the leave of the Court.
(2) An objection to the granting of an application may not be made by a
person referred to in subsection (1) (d) unless it is accompanied by an
affidavit by the objector stating:
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(a) whether the objector has any direct or indirect pecuniary
interest in the refusal of the application or any expectation of
such an interest, and
(b) whether any person other than the objector is interested in the
lodging of the objection and, if so:
(i) the name of each such person, and
(ii) where such a person is a proprietary company--the
names of the directors and shareholders.
98 Grounds of objection
(1) An objection to the granting of an application for a gaming-related
licence may be made on one or more of the following grounds:
(a) that the applicant is not a fit and proper person to be the holder
of a gaming-related licence,
(b) that a person who is, was or will be a close associate of the
applicant is not a fit and proper person to be a close associate
of the holder of a gaming-related licence,
(c) in the case of an application for the granting of a gaming-
related licence to a body corporate--that a person who is
directly or indirectly interested in the business, or the profits of
the business, to be carried on under the proposed
gaming-related licence is not a fit and proper person to be so
interested,
(d) that it would not be in the public interest to grant the gaming-
related licence.
(2) If any such objection is made, the onus is on the applicant for the
gaming-related licence to rebut the objection.
(3) In addition to, or instead of, a ground specified in subsection (1), an
objection to the granting of an application for a gaming-related licence
may be made on one or more of the following grounds:
(a) that, during the period of 12 months that last preceded the
making of the application, the applicant was convicted of
carrying on an activity without being the holder of a
gaming-related licence required for the lawful carrying on of
that activity,
(b) that a gaming-related licence held by the applicant was
cancelled during that period of 12 months,
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(c) that section 92, a requirement of the Director under section 95,
or an order under section 96, has not been complied with.
99 Making of objection
(1) An objection is made by lodging with the Licensing Court a notice in
a form approved by the Board.
(2) The notice must:
(a) specify the ground or grounds on which the objection is made,
and
(b) be signed by each objector, and
(c) if the objection is made on the basis that a person is not a fit
and proper person for a particular purpose--specify the reasons
why the objector considers that the person is not a fit and
proper person for that purpose.
(3) Except as provided by subsection (4), an objection may not be heard
and determined unless a copy of the notice of objection has been given
to the applicant for the gaming-related licence and the registrar at least
3 clear days before the hearing of the application.
(4) The Licensing Court may:
(a) subject to compliance with any conditions imposed by the
Court, and
(b) if the applicant for the gaming-related licence so requests,
subject to the hearing of the application for the licence being
adjourned for such period of not less than 3 clear days as the
Court thinks,
hear and determine an objection to the granting of the application for
the licence that is made at the hearing of the application for the licence.
(5) When hearing and determining an objection, the Licensing Court must
admit into evidence and consider any relevant findings of a court, a
tribunal or a Royal Commission, the Independent Commission Against
Corruption or other commission of inquiry or a coroner in any
investigation, inquiry or other proceeding if those findings have been
publicly released and are brought to the attention of the Court.
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Clause 100 Gaming Machines Bill 2001
Part 7 Gaming-related licences
Division 3 Licensing scheme
100 Discretionary powers of Licensing Court
(1) Despite the fact that an objection to the grant of an application for a
gaming-related licence has not been made or, if made, has not been
substantiated, the Licensing Court may refuse the application if it finds,
after subsection (2) has been complied with, that reasons exist on
which an objection could have been made and substantiated.
(2) A finding under subsection (1) may be made only if:
(a) the applicant has been made aware of the reasons for the
possibility of such a finding, and
(b) the applicant has been given an opportunity to make
submissions, and adduce evidence, related to those reasons, and
(c) those reasons are, or include, the reasons for the finding.
(3) Despite a finding by the Licensing Court that an objection to the grant
of an application for a gaming-related licence on a ground other than
a ground based on the unsuitability of the applicant, the public interest
or a failure to comply with a requirement of the Director under section
95 has been substantiated, the Court has a discretion to grant the
application for the licence.
(4) The Licensing Court may grant an application even though an
objection to the grant of the application has been substantiated on the
ground of a failure to comply with a requirement of the Director under
section 95, but only if the Court is satisfied that reasonable cause has
been shown for the failure to comply with the requirement.
101 Granting of gaming-related licences
(1) If an application for a gaming-related licence is granted, the Licensing
Court may refuse to issue the licence until:
(a) the fee prescribed by the regulations for the granting of the
licence has been paid to the Principal Registrar, and
(b) any condition that is required to be complied with before the
licence has effect has been complied with.
(2) The Licensing Court may stay the granting of a gaming-related licence:
(a) until the expiration of the period within which an appeal against
the decision granting the licence may be made or the expiration
of the period of 1 month that next succeeds the date of the
decision, whichever is the later, and
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(b) where such an appeal is lodged--until the appeal is heard and
determined or otherwise disposed of,
and may at any time terminate such a stay.
(3) Except in so far as the Licensing Court otherwise directs either
generally or in a particular case, the jurisdiction of the Licensing Court
to grant an application under this Division may, in the case of an
application to which, after investigation, there is no objection, be
exercised by the Principal Registrar.
102 Granting of testing facility licence
(1) A testing facility licence:
(a) if granted, is to be granted in respect of premises specified in
the licence, and
(b) is not to be granted unless the application is supported by a
certificate of the Board under subsection (2).
(2) The Board may, if it thinks fit, certify that:
(a) a person specified in the certificate is, in the opinion of the
Board, suitably qualified and competent to undertake the testing
of poker machines and devices in the nature of approved
amusement devices, and
(b) premises specified in the certificate are, in the opinion of the
Board, suitable for the testing of poker machines and any such
devices.
103 Form of gaming-related licences
The Board may:
(a) approve a form of licence for each type of gaming-related
licence, and
(b) in a case where more than one gaming-related licence may be
held by the same person--approve a form in which the licences
may be granted or held at the same time.
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Clause 104 Gaming Machines Bill 2001
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104 Conditions of gaming-related licences
(1) The Licensing Court may:
(a) on the hearing of an application for the granting of a
gaming-related licence or of any matter relating to a
gaming-related licence--of its own motion or on the
application of a party to the hearing, the Director or the
Commissioner of Police, or
(b) at any other time--on the application of the Director or the
Commissioner of Police,
impose a condition not inconsistent with this Act without prior
compliance with which the granting of the licence does not take effect
or to which the licence is to be subject.
(2) A gaming-related licence is subject to:
(a) any conditions prescribed by the regulations, and
(b) a condition imposed under subsection (1), and
(c) a condition imposed by the Licensing Court on the hearing of
a complaint under Part 8, and
(d) any other condition the Licensing Court or the Board is
authorised by this Act to impose,
whether or not the condition is endorsed on the licence.
(3) The holder of a gaming-related licence must comply with any
conditions to which the gaming-related licence is subject.
Maximum penalty: 100 penalty units.
(4) The Licensing Court may vary or revoke a condition (other than a
condition prescribed by the regulations) to which a gaming-related
licence is subject:
(a) at any time on the application of the licensee, the Director or
the Commissioner of Police, or
(b) at any time of its own motion, whether or not on the hearing of
any matter relating to the licence.
105 Special condition relating to dealer's licence
The Licensing Court may impose a condition on a dealer's licence
prohibiting the holder of the licence from using specified parts in the
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manufacture of a poker machine by the holder of the licence unless the
parts are made in Australia.
106 Board may require dealers to alter certain gaming machines
(1) The Board may require the holder of a dealer's licence to arrange, at
the expense of the dealer and within a specified time (or within such
further time as the Board may allow), for a specified alteration to be
made to an approved gaming machine that is to be, or has been,
supplied by the licensee to a hotel or registered club.
(2) It is a condition of a dealer's licence that the licensee complies with
any such requirement.
(3) A hotelier or registered club must allow the holder of a dealer's licence
or technician's licence such access to an approved gaming machine in
the hotel or club as may be required to enable the holder of the licence
to comply with a requirement of the Board under this section.
Maximum penalty: 50 penalty units.
107 Duration of gaming-related licences
Except during any period of suspension, a gaming-related licence
remains in force until such time as it is surrendered to the Board or it
is sooner cancelled.
108 Periodic fee for gaming-related licences
(1) A fee is payable to the Board for a gaming-related licence, and for a
work permit, while the licence or permit is in force or under
suspension and is so payable in respect of each period prescribed by
the regulations for the purposes of this section.
(2) Regulations may be made prescribing the fees payable under this
section and for and with respect to:
(a) times for payment of the fees, and
(b) payment of the fees by instalments, and
(c) penalties for late payment of the fees or instalments, and
(d) suspension or cancellation of a gaming-related licence or work
permit after a failure to pay such a fee, or an instalment of such
a fee, relating to the licence or permit, and
(e) the circumstances in which such a fee, or a proportion of such
a fee, may be refunded.
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Clause 109 Gaming Machines Bill 2001
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109 Cancellation for late payment of gaming-related licence fee
(1) If the fee payable for a gaming-related licence has not been paid before
the expiration of 2 months after the due date for payment, the licence
is cancelled.
(2) The former holder of a gaming-related licence that has been cancelled
by the operation of this section must immediately deliver the licence
to the Board.
Maximum penalty: 2 penalty units.
110 Application for reinstatement of gaming-related licence
(1) The former holder of a gaming-related licence cancelled by the
operation of section 109 may apply to the Licensing Court for the
reinstatement of the licence.
(2) Such an application must be made within 2 months after the
cancellation of the licence. The application must be accompanied by
payment of the unpaid licence fee concerned.
(3) The regulations may make provision for or with respect to the manner
in which such an application is to be made and lodged, the documents
required to accompany the application and requiring payment of a fee
in respect of the application.
(4) The Licensing Court may reinstate the licence if it is satisfied that there
is a reasonable explanation for the failure to pay the licence fee that
resulted in cancellation of the licence. The Licensing Court is not to
order reinstatement if it is of the opinion that the licence should not be
reinstated.
(5) The licence is reinstated on and from the day ordered by the Licensing
Court.
(6) If the application for reinstatement is not successful, the Board is to
refund the licence fee paid with the application after deducting the
amount (if any) that is the used portion of the licence fee, calculated in
accordance with the following formula:
trad in g da ys
used po rtio n = fu ll fee ×
th e nu m ber of da ys in th e
licen sin g period con cerned
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where:
full fee is the full amount of the licence fee payable under section 108
in respect of the licensing period concerned.
trading days is the number of days since the start of the licensing
period current when the licence was cancelled up to and including the
date of cancellation or up to and including such other day as the Board
may determine under subsection (7).
(7) If the Board is satisfied that trading in exercise (or purported exercise)
of the licence ceased on a particular day, the Board may determine that
the number of trading days is to be calculated up to and including that
day rather than up to and including the date of cancellation. The day
determined by the Board may be before or after the date of
cancellation.
111 Board may refund licence fees
On the suspension or cancellation of a gaming-related licence, the
Board may, if it thinks fit, authorise the refund of the whole or such
part of any fee paid in respect of the licence as the Board determines.
112 Refund of licence fee on surrender of gaming-related licence
(1) If the surrender in writing of a gaming-related licence is accepted by
the Board, an application may be made to the Board for a refund of
part of any licence fee already paid for the licensing period during
which the surrender was accepted.
(2) The Board may, if it thinks fit, refund part of the licence fee.
(3) The amount of any such refund is at the discretion of the Board but is
not to exceed such amount as is proportionate to the unexpired portion
of the licensing period in respect of which the licence fee was paid.
(4) The Board is entitled to deduct from the refund a surrender fee fixed
by the Board for the licence concerned.
(5) Any refund payable under this section is to be paid to the person who,
in the opinion of the Board, is entitled to the refund.
113 Periodic returns by gaming-related licensees
(1) Within the period of one month after the expiration of each period
prescribed by the regulations for the purposes of section 108, the
holder of a gaming-related licence is to lodge with the Director a return
that:
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(a) is in a form approved by the Director, and
(b) is accompanied by such documents as may be prescribed by the
regulations, and
(c) is signed by the licensee or, if the licensee is a corporation, by
at least 2 directors of the corporation.
(2) The form of return approved by the Director may be in the form of a
statutory declaration.
(3) Compliance with this section is a condition of a gaming-related
licence.
Division 4 Key officials
114 Definition
In this Division:
key official means any of the following:
(a) the Director-General, or
(b) an officer of the Department of Gaming and Racing who is
listed in Schedule 3B to the Public Sector Management
Act 1988,
(c) an officer of the Department of Gaming and Racing who is not
referred to in paragraph (a) or (b) but is the subject of a current
written order by the Director-General that has been served on
the officer and is to the effect that the officer is a key official
for the purposes of this Act,
(d) the Director,
(e) the Commissioner of Police,
(f) a member of the Police Service Senior Executive Service,
(g) a police officer who holds the position of Patrol Commander or
a higher position but is not referred to in paragraph (e) or (f),
(h) a member of the Police Service who is not referred to in
paragraph (e), (f) or (g) but is the subject of a current written
order by the Commissioner of Police that has been served on
the member and is to the effect that the member is a key official
for the purposes of this Act.
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Key officials Division 4
115 Restrictions on key officials in relation to gaming-related licences
(1) A key official must not:
(a) hold any type of gaming-related licence under this Act, or
(b) solicit employment, in any capacity, from a holder of a
gaming-related licence or a person known by the key official to
be a close associate of a holder of such a licence, or
(c) be an employee, in any capacity, of a holder of a gaming-related
licence or a person known by the key official to be a close
associate of a holder of such a licence.
(2) A person holding office as the Director-General, the Director or the
Commissioner of Police must not knowingly have, directly or
indirectly, any business or financial association with, or any business
or financial interest in any matter in conjunction with, a holder of a
gaming-related licence or a person known by the holder of the office
to be a close associate of a holder of such a licence.
(3) A key official (other than the Director-General, the Director or the
Commissioner of Police) must not without the approval of the
appropriate authority knowingly have, directly or indirectly, any
business or financial association with, or any business or financial
interest in any matter in conjunction with, a holder of a gaming-related
licence or a person known by the key official to be a close associate of
a holder of such a licence.
(4) A holder of a gaming-related licence or a close associate of a holder of
such a licence must not:
(a) employ, in any capacity, a person known by the licensee or
close associate to be a key official, or
(b) knowingly have, directly or indirectly, any business or financial
association with, or any business or financial interest in any
matter in conjunction with, a person known by the licensee or
close associate to be the Director-General, the Director or the
Commissioner of Police, or
(c) without the approval of the appropriate authority knowingly
have, directly or indirectly, any business or financial association
with, or any business or financial interest in any matter in
conjunction with, a person the licensee or close associate
knows to be a key official (other than the Director-General, the
Director or the Commissioner of Police).
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Clause 115 Gaming Machines Bill 2001
Part 7 Gaming-related licences
Division 4 Key officials
(5) A person who contravenes a provision of this section applicable to the
person is guilty of an offence.
Maximum penalty: 50 penalty units.
(6) In this section:
appropriate authority, in relation to a key official, means:
(a) the Director-General, unless the key official is a member of the
Police Service, or
(b) the Commissioner of Police, if the key official is a member of
the Police Service.
116 Former key officials
(1) A former key official must not:
(a) hold any type of gaming-related licence under this Act, or
(b) solicit employment, in any capacity, from a holder of a
gaming-related licence or a person known by the former key
official to be a close associate of a holder of such a licence, or
(c) be an employee, in any capacity, of a holder of a gaming-related
licence or a person known by the former key official to be a
close associate of a holder of such a licence, or
(d) knowingly have, directly or indirectly, any business or financial
association with, or any business or financial interest in any
matter in conjunction with, a holder of a gaming-related licence
or a person known by the former key official to be a close
associate of a holder of such a licence.
Maximum penalty: 50 penalty units.
(2) While knowing that another person is a former key official, a person
who holds a gaming-related licence, or a close associate of a holder of
such a licence, must not:
(a) employ the former key official in any capacity, or
(b) have, directly or indirectly, any business or financial association
with, or any business or financial interest in any matter in
conjunction with, the former key official.
Maximum penalty: 50 penalty units.
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Gaming Machines Bill 2001 Clause 116
Gaming-related licences Part 7
Key officials Division 4
(3) An exemption from the application of this section in relation to a
former key official (other than a person who is a former
Director-General of the Department of Gaming and Racing, a former
Director or a former Commissioner of Police) in a particular case or
class of cases may be granted:
(a) by the Director-General, unless the former key official was a
member of the Police Service, or
(b) by the Commissioner of Police, if the former key official was
a member of the Police Service.
(4) The Director-General and the Commissioner of Police are each to keep
at his or her office a register of exemptions granted by him or her
under this section. The register is to contain details of each such
exemption and is to be open for inspection by any person free of
charge during ordinary business hours.
(5) In this section:
former key official means a person who was a key official at any time
during the previous 3 years, but is no longer a key official.
(6) If a reference (the original reference) in this Act to a position, officer
or Department is replaced with, or required to be read or construed as,
a reference (the replacement reference) to another position, officer or
Department, the replacement reference is for the purposes of the
operation of this section to be read as including the original reference.
Division 5 Other provisions relating to gaming-related
licences
117 Keeping of records
(1) If the holder of a gaming-related licence is a corporation, it is a
condition of the licence that the licensee keep the records prescribed
by the regulations that relate to the business carried on under the
licence at the registered or principal office of the corporation under
section 142 or 601CT of the Corporations Act 2001 of the
Commonwealth.
(2) If the holder of a gaming-related licence is not a corporation or an
employee, it is a condition of the licence that the licensee maintain at
least one place of business in the State and keep the records prescribed
Page 85
Clause 117 Gaming Machines Bill 2001
Part 7 Gaming-related licences
Division 5 Other provisions relating to gaming-related licences
by the regulations that relate to the business carried on under the
licence:
(a) if only one place of business is maintained in the State--at that
place, or
(b) if more than one place of business is maintained in the
State--at the principal such place.
118 Control of business carried on under gaming-related licence
(1) If a person (other than a licensee or a financial institution) becomes
interested in the business, or the profits of the business, carried on
under a gaming-related licence, it is a condition of the gaming-related
licence that the licensee must, within 28 days after the other person's
becoming so interested, produce to the Principal Registrar an affidavit
stating:
(a) that the licensee has made all reasonable inquiries to ascertain
the information required to complete the affidavit, and
(b) the name and date of birth of the person so interested and, in
the case of a proprietary company, the names of the directors
and shareholders.
(2) For the purposes of subsection (1), a person is interested in the
business, or the profits of the business, carried on under the licence if
the person is entitled to receive:
(a) any income derived from the business, or any other financial
benefit or financial advantage from the carrying on of the
business (whether the entitlement arises at law or in equity or
otherwise), or
(b) any rent, profit or other income in connection with the use or
occupation of premises on which the business is to be carried
on.
(3) This section does not apply to a licence held as an employee.
119 Standards of competence
The regulations may make provision for and with respect to standards
of competence to be established or attained by an applicant for, or
holder of, a gaming-related licence of a particular type.
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Gaming Machines Bill 2001 Clause 120
Gaming-related licences Part 7
Other provisions relating to gaming-related licences Division 5
120 Lost or destroyed gaming-related licence
The Principal Registrar may, if satisfied that a gaming-related licence
has been lost or destroyed, issue a duplicate of the licence on payment
of the fee prescribed by the regulations.
121 Compliance plate for gaming machines
(1) The holder of a dealer's licence is guilty of an offence if a poker
machine or approved amusement device leaves the licensee's premises
without a compliance plate that complies with this section and is
securely attached to the poker machine or device in a manner approved
by the Board.
Maximum penalty: 100 penalty units.
(2) It is a defence to a prosecution for an offence under this section if it is
proved that the defendant had taken all reasonable precautions aimed
at ensuring attachment of a compliance plate and, at the time of the
offence, did not know, and had no reason to suspect, that a compliance
plate was not securely attached to the poker machine or approved
amusement device in the manner approved by the Board.
(3) Exemption from the operation of this section may be granted by the
Board in a particular case or a particular class of cases.
(4) In this section:
compliance plate, in relation to a poker machine or approved
amusement device, means a plate that:
(a) is made of a substance approved by the Board, and
(b) is of dimensions not less than dimensions approved by the
Board, and
(c) may readily be seen and inspected, and
(d) shows the name of the dealer, the dealer's licence number, the
serial number of the poker machine or device and the month
and year of the manufacture and assembly of the poker machine
or device, and
(e) has those particulars incorporated in a manner approved by the
Board and in symbols that are at least of a minimum size
approved by the Board.
Page 87
Clause 122 Gaming Machines Bill 2001
Part 7 Gaming-related licences
Division 5 Other provisions relating to gaming-related licences
122 Provision of financial assistance by gaming-related licensee
(1) The holder of a gaming-related licence must not enter into a
transaction in respect of which the licensee:
(a) provides financial assistance to a hotelier or registered club, or
(b) guarantees the observance by a hotelier or registered club of a
term or condition on which financial assistance is provided to
the hotelier or club by a person other than the licensee, or
(c) indemnifies any person against any loss suffered in relation to
financial assistance provided to a hotelier or registered club,
unless the transaction has been approved by the Board in writing.
Maximum penalty: 20 penalty units.
(2) The holder of a gaming-related licence must not, unless with the
Board's written approval, agree to a variation of a term or condition of
a transaction under this section that has been approved by the Board.
Maximum penalty: 20 penalty units.
(3) The holder of a gaming-related licence is guilty of an offence if:
(a) financial arrangements made by the licensee have been
approved by the Board, and
(b) there is a change in those arrangements that has not been
approved by the Board, and
(c) the Board is not notified of the change immediately after it
comes to the notice of the licensee.
Maximum penalty: 20 penalty units.
123 Cessation of employment of seller, technician or adviser
Not later than 7 days after the termination of a contract of service, or
a contract for services, to which the parties are:
(a) the holder of a seller's licence, technician's licence or adviser's
licence, and
(b) the holder of another gaming-related licence, a hotelier or a
registered club,
the party referred to in paragraph (b) must notify the Board in the
manner prescribed by the regulations.
Maximum penalty: 20 penalty units.
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Gaming Machines Bill 2001 Clause 124
Gaming-related licences Part 7
Other provisions relating to gaming-related licences Division 5
124 Notification of change of employer
If a person who is the holder of a seller's licence or technician's
licence commences or ceases employment with the holder of a dealer's
licence, the person must, before the commencement of or within 7
days after the cessation of the employment, as the case may be, give to
the Principal Registrar notification in a form approved by the Principal
Registrar of the commencement or cessation of the employment.
Maximum penalty: 20 penalty units.
125 Change in state of affairs of gaming-related licensee
If a change of a kind prescribed by the regulations takes place in the
state of affairs of the holder of a gaming-related licence, the licensee
must, within 14 days of the change taking place, notify the Director of
such particulars in relation to the change as are prescribed by the
regulations.
Maximum penalty: 20 penalty units.
126 Gaming-related licensee to display identification
(1) The holder of a dealer's licence or technician's licence must, at any
time while servicing, repairing or maintaining an approved gaming
machine in a hotel or registered club, wear a clearly visible form of
identification as approved by the Board.
Maximum penalty: 20 penalty units.
(2) If the holder of a dealer's licence is a corporation, a reference in this
section to the holder of the licence includes a reference to a person
acting under the authority of the licence.
(3) The Board may exempt a person or the members of a class of persons
from the operation of this section.
Page 89
Clause 127 Gaming Machines Bill 2001
Part 8 Complaints and disciplinary action
Part 8 Complaints and disciplinary action
127 Interpretation
(1) In this Part, a reference to a hotelier includes a reference to a former
hotelier.
(2) This Part applies to a former holder of a gaming-related licence in the
same way as it applies to a person who for the time being is the holder
of a gaming-related licence.
(3) For the purposes of this Part, a reference to a conviction for an offence
under this Act or the regulations does not include a reference to a
conviction for an offence prescribed by the regulations for the purposes
of this section.
128 Director may carry out investigations in relation to proposed complaint
(1) The Director may carry out such investigations and inquiries as are
considered by the Director to be necessary in order to ascertain
whether a complaint should be made under this Part against any of the
following:
(a) a hotelier,
(b) a registered club,
(c) the holder of a gaming-related licence (referred to in this Part
as a licensee),
(d) a close associate of a hotelier or licensee.
(2) The Commissioner of Police is to inquire into, and report to the
Director on, such matters as the Director may request concerning the
hotelier, registered club, licensee or close associate to whom or to
which the complaint, if made, would relate.
(3) The Director may, by notice in writing, require a hotelier, registered
club, licensee or close associate who or which is the subject of an
investigation under this section to do one or more of the following
things:
(a) provide, in accordance with directions in the notice, such
information verified by statutory declaration as is relevant to the
investigation and is specified in the notice,
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Gaming Machines Bill 2001 Clause 128
Complaints and disciplinary action Part 8
(b) produce, in accordance with directions in the notice, such
records as are relevant to the investigation and permit
examination of the records, the taking of extracts from them
and the making of copies of them,
(c) authorise a person described in the notice to comply with a
requirement of the kind referred to in paragraph (a) or (b),
(d) furnish to the Director such authorities and consents as the
Director requires for the purpose of enabling the Director to
obtain information (including financial and other confidential
information) from other persons about the person under
investigation and that person's associates.
(4) A person who complies with a requirement of a notice under this
section does not on that account incur a liability to another person.
129 Grounds for making complaint
(1) A complaint against a hotelier, registered club, licensee or close
associate may be made to the Licensing Court by:
(a) the Commissioner of Police, or
(b) the Director, or
(c) a person authorised by the regulations to make a complaint
under this Part.
(2) A complaint must be in writing and specify the grounds on which it is
made.
(3) The grounds on which a complaint in relation to a hotelier, registered
club or licensee may be made are as follows:
(a) that the hotelier, registered club or licensee:
(i) has contravened a provision of this Act or the
regulations, or
(ii) has failed to comply with any requirement under this
Act or the regulations that relates to the hotelier, club or
licensee, or
(iii) has been convicted of an offence under this Act or the
regulations or of an offence prescribed by the
regulations for the purposes of this section,
(b) that the hotelier or registered club has engaged in conduct that
has encouraged, or is likely to encourage, the misuse and abuse
of gambling activities in the hotel or club,
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Clause 129 Gaming Machines Bill 2001
Part 8 Complaints and disciplinary action
(c) that the hotelier or registered club has failed to comply with any
of the conditions to which an authorisation under Part 5 is
subject (including, in the case of a hotelier, the condition that
the hotelier comply with the primary purpose test in respect of
the hotel),
(d) that the hotelier has failed to comply with any provision of the
Liquor Act 1982 that relates to gambling in any way and that is
prescribed by the regulations under this Act for the purposes of
this paragraph,
(e) that the registered club has failed to comply with any provision
of the Registered Clubs Act 1976 that relates to gambling in any
way and that is prescribed by the regulations under this Act for
the purposes of this paragraph,
(f) that a requirement of the Director made in relation to the
investigation of the hotelier, registered club or licensee has not
been complied with,
(g) that the licensee:
(i) has failed to comply with a condition of the gaming-
related licence held by the licensee, or
(ii) has failed to comply with an order or direction of the
Board, or
(iii) has failed to make due payment of a penalty for late
payment of a fee in accordance with this Act, or
(iv) is no longer a fit and proper person to hold a gaming-
related licence,
(h) that a person named in the complaint is, was or will be a close
associate of the licensee and is not a fit and proper person to be
a close associate of a licensee,
(i) that a specified person named in affidavit under section 91 or
118 is not a fit or proper person to be interested in the
gaming-related licence or in the business or the profits of the
business carried on under the licence,
(j) that the gaming-related licence has not been exercised in the
public interest,
(k) that the continuation of the gaming-related licence is not in the
public interest.
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Gaming Machines Bill 2001 Clause 129
Complaints and disciplinary action Part 8
(4) A particular failure to comply with a condition of a gaming-related
licence may not be the subject of both a complaint under this section
and proceedings for an offence.
(5) The grounds on which a complaint may be made in relation to a person
who is a close associate of a hotelier or licensee are as follows:
(a) that the close associate is not a fit and proper person to be a
close associate of a hotelier or licensee,
(b) that a complaint against the hotelier or licensee under this
section has been established and that:
(i) the close associate knew or ought reasonably to have
known that the hotelier or licensee was engaging or was
likely to engage in conduct of the kind to which the
complaint relates, and
(ii) the close associate failed to take all reasonable steps to
prevent the hotelier or licensee from engaging in
conduct of that kind,
(c) that a requirement of the Director made under this Act in
relation to the investigation of the close associate and specified
in the complaint has not been complied with.
130 Summons to show cause why disciplinary action should not be taken
(1) If a complaint against a hotelier, registered club, licensee or close
associate is made under section 129, the Licensing Court may summon
the person to whom or to which the complaint relates to appear before
the Licensing Court to answer the complaint and show cause why
disciplinary action should not be taken under section 131.
(2) A summons under this section:
(a) is to specify the grounds of the complaint, and
(b) if a ground of complaint is based on a person not being a fit and
proper person for any purpose or based on the public
interest--is to specify the reasons given by the complainant for
making the complaint on that ground, and
(c) is to be served on the person the subject of the complaint not
less than 14 days before the day appointed for the hearing of
the complaint.
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Clause 130 Gaming Machines Bill 2001
Part 8 Complaints and disciplinary action
(3) In the case of a complaint against a licensee, the complainant is to
cause a copy of the complaint to be served by post on each person
named:
(a) in the affidavit referred to in section 91 that accompanied the
application for the gaming-related licence, and
(b) in any affidavit produced to the Principal Registrar by the
licensee in accordance with section 118,
and each person so named may, at the hearing of the complaint, be
represented and be heard.
131 Disciplinary powers of Licensing Court
(1) The Licensing Court may hear and determine the matter of a complaint
that is made to it.
(2) If the Licensing Court is satisfied that any of the grounds on which the
complaint was made has been made out, the Court may decide to do
any one or more of the following:
(a) order the hotelier or licensee to pay a penalty not exceeding 500
penalty units (in the case of a corporation) or 200 penalty units
(in any other case) or, if circumstances of aggravation exist in
relation to the complaint, a penalty not exceeding 1,000 penalty
units (in the case of a corporation) or 400 penalty units (in any
other case),
(b) order the registered club to pay a penalty not exceeding 2,500
penalty units or, if circumstances of aggravation exist in relation
to the complaint, a penalty not exceeding 5,000 penalty units,
(c) if the ground made out is the ground referred to in section 129
(3) (a), (b) or (c):
(i) cancel, suspend or modify any authorisation or approval
under this Act for the hotelier or registered club to keep
approved gaming machines, or
(ii) disqualify the hotelier or registered club from keeping
approved gaming machines for such period as the Court
thinks fit, or
(iii) cancel the hotelier's licence under the Liquor Act 1982
or the certificate of registration of the club under the
Registered Clubs Act 1976, or
(iv) suspend the hotelier's licence or certificate of
registration of the club for such period as the Court
thinks fit,
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Gaming Machines Bill 2001 Clause 131
Complaints and disciplinary action Part 8
(d) cancel the gaming-related licence or suspend the gaming-related
licence for such period as the Court thinks fit,
(e) impose or vary a condition to which the gaming-related licence
is subject,
(f) disqualify the licensee from holding a gaming-related licence
for such period as the Court thinks fit,
(g) disqualify the close associate from being a close associate of a
hotelier or licensee for such period as the Licensing Court
thinks fit,
(h) disqualify the close associate from holding a gaming-related
licence for such period as the Licensing Court thinks fit,
(i) order the close associate to pay to the Crown a monetary
penalty not exceeding 500 penalty units in the case of a
corporation or 200 penalty units in any other case,
(j) reprimand the hotelier, registered club, licensee or close
associate.
(3) If one of the grounds made out is the ground referred to in section 129
(3) (b), the Licensing Court is, without limiting any of the Court's
other powers under subsection (2), required to consider taking the
disciplinary action referred to in subsection (2) (c) (i).
(4) For the purposes of this section, circumstances of aggravation exist in
relation to a complaint if any of the following paragraphs applies:
(a) the complaint alleges that for the reasons specified in the
complaint the matter of the complaint is so serious as to warrant
the taking of action that is available to the Licensing Court
when circumstances of aggravation exist,
(b) the Court, in finding that the matter of the complaint has been
made out, is of the opinion (having regard to such matters as
the number and seriousness of the contraventions involved, the
number of people involved in the contravention, the seriousness
of the outcome of the contravention, or other relevant
considerations) that the matter of the complaint is so serious as
to warrant the taking of action that is available to the Court
when circumstances of aggravation exist.
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Clause 131 Gaming Machines Bill 2001
Part 8 Complaints and disciplinary action
(5) In hearing and determining the matter of a complaint, the Licensing
Court must admit into evidence and consider any relevant findings of
a court, a tribunal or a Royal Commission, the Independent
Commission Against Corruption or other commission of inquiry or a
coroner in any investigation, inquiry or other proceeding if those
findings have been publicly released and are brought to the attention
of the Licensing Court.
(6) If an order for the payment of money is made under this section and
the prescribed documents are filed in the office of a Local Court
having jurisdiction under the Local Courts (Civil Claims) Act 1970, the
order may be enforced as if it were a judgment of that Local Court for
the payment of the money in accordance with the order.
Page 96
Gaming Machines Bill 2001 Clause 132
Authorised CMS Part 9
Part 9 Authorised CMS
132 Meaning of "connected" to an authorised CMS
(1) For the purposes of this Part, an approved gaming machine is
connected to an authorised CMS if arrangements of a kind approved
by the Minister are in place for the provision of information in respect
of the gaming machine that enables the functions of the authorised
CMS to be performed in relation to the gaming machine.
(2) The arrangements that the Minister approves for the purposes of this
section can involve the provision of information by any means, such
as, and without limiting the generality of subsection (1), by means of
any of the following:
(a) the direct provision of information by electronic data transfer,
(b) the provision of information by means of the lodgment of
reports or returns (whether or not electronically),
(c) the provision of information by persons acting as information
collectors and processors for hoteliers and registered clubs.
(3) Such arrangements may make provision for or with respect to the time
within which, and the person to whom, information is to be furnished.
(4) Different arrangements can be approved under this section in respect
of different premises or classes of premises or different approved
gaming machines or classes of approved gaming machines.
133 Requirement for gaming machines to be connected to authorised CMS
(1) This section applies to such approved gaming machines as are of a
class or classes of approved gaming machines identified by the
Minister as being capable of connection to an authorised CMS.
(2) A hotelier or registered club who or which keeps an approved gaming
machine to which this section applies must ensure that the gaming
machine is connected to an authorised CMS.
Maximum penalty: 100 penalty units.
(3) A hotelier or registered club must, to the extent necessary to enable
approved gaming machines that are kept in the hotel or club to be
connected to an authorised CMS:
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Clause 133 Gaming Machines Bill 2001
Part 9 Authorised CMS
(a) permit the employees and agents of the CMS licensee to have
access to those gaming machines, and
(b) give assistance to the employees and agents of the CMS
licensee.
Maximum penalty: 100 penalty units.
134 Monitoring fee payable by hoteliers and registered clubs to CMS
licensee
(1) A hotelier or registered club must pay a monitoring fee in respect of
each approved gaming machine that:
(a) is kept in the hotel or club, and
(b) is connected to an authorised CMS.
Maximum penalty: 100 penalty units.
(2) The monitoring fee is payable by the hotelier or registered club
concerned:
(a) in accordance with such arrangements (eg by way of electronic
transfer from a nominated account) as may be made between
the hotelier and the CMS licensee, or between the registered
club and the CMS licensee, or
(b) if no such arrangements are made, in accordance with such
other arrangements as may be approved by the Board.
(3) The amount of any fee payable under this section is to be determined
by the Minister from time to time in consultation with the Treasurer,
and in consultation with the Independent Pricing and Regulatory
Tribunal pursuant to such arrangements as may be entered into under
section 9 (1) (b) of the Independent Pricing and Regulatory Tribunal
Act 1992.
(4) The CMS licensee is entitled to recover any unpaid monitoring fee as
a debt.
135 Operation of authorised CMS
A CMS licensee who operates an authorised CMS is guilty of an
offence if the CMS is operated in contravention of a requirement made
under this Act, the regulations or the conditions of the licence.
Maximum penalty: 100 penalty units.
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Gaming Machines Bill 2001 Clause 136
Authorised CMS Part 9
136 Grant of CMS licence
(1) The Minister may, after considering an application under Part 12 for
a CMS licence:
(a) grant a CMS licence to the person making the application, or
(b) refuse to grant a licence.
(2) A CMS licence is subject to such conditions as are imposed under this
Act or as are determined by the Minister and specified in the licence.
(3) Any subsidiary equipment to be used in connection with an authorised
CMS that has, under the terms of the CMS licence, been approved by
the Minister is taken to be subsidiary equipment approved by the
Board for that purpose.
(4) A CMS licence is subject to a condition that the CMS licensee must
have in place, and must give effect to, commercial arrangements with
the racing industry in respect of the licence and the conduct of
activities authorised by the licence, being arrangements that are both:
(a) approved by the Minister, having regard to the interests of the
racing industry, hotels and registered clubs, and
(b) acknowledged by the racing industry in writing to the Minister
to be to the satisfaction of the racing industry.
(5) For the purposes of subsection (4), the racing industry comprises such
one or more persons as the controlling bodies and major racing bodies
(within the meaning of the Totalizator Act 1997) nominate in writing
to the Minister for the purposes of the licence concerned. The
nomination can be changed by fresh nomination in writing to the
Minister, but only if the licensee consents to the fresh nomination.
(6) A CMS licence may be granted to one person or 2 or more persons
jointly.
(7) A CMS licence cannot be transferred.
(8) A CMS licence remains in force for the period for which it was
granted, as specified by the Minister in the CMS licence, unless sooner
cancelled or surrendered.
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Clause 137 Gaming Machines Bill 2001
Part 9 Authorised CMS
137 TAB entitled to CMS licence during exclusive licence period
(1) In this section:
exclusive licence period means the period up to 1 December 2016.
(2) TAB or a wholly owned subsidiary of TAB is entitled to a CMS
licence (the exclusive CMS licence) during the exclusive licence
period to operate a CMS.
(3) No other person may be granted a licence to operate a CMS during the
exclusive licence period.
(4) Subsections (2) and (3) cease to apply if the exclusive CMS licence is
cancelled or surrendered in accordance with this Part or otherwise
ceases to be in force.
(5) Nothing in any other Act prevents TAB from operating a CMS under
the authority of a CMS licence, or from carrying out any of its
functions as a CMS licensee.
(6) Nothing in this section is intended to prevent TAB or any other person
(assuming that they are otherwise qualified) from applying for and
being granted a licence in respect of any period after the end of the
exclusive licence period.
138 Alterations of conditions of CMS licence
(1) The Minister may, while a CMS licence is in force, alter the conditions
of the licence by imposing an additional condition or by amending,
substituting or revoking a condition.
(2) The Minister must not make an alteration under this section unless the
Minister:
(a) has given the CMS licensee notice, in writing, setting out the
terms of the proposed alteration and inviting the licensee to
make representations to the Minister, within the period
specified in the notice, concerning the proposed alteration, and
(b) has, after the end of that period, considered any representations
so made by or on behalf of the licensee.
(3) An alteration under this section takes effect:
(a) on the day that is 7 days after the day on which a notice
advising the licensee of the alteration is given to the licensee by
the Minister, or
(b) if a later day is specified in the notice--on that day.
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Gaming Machines Bill 2001 Clause 138
Authorised CMS Part 9
(4) Subsections (2) and (3) do not apply to an alteration made at the
request of a licensee. Such an alteration takes effect on the day
specified in the notice advising of the alteration that is given by the
Minister to the licensee.
139 Control of information obtained by CMS licensee
(1) A CMS licensee and any director, officer, employee or agent of a CMS
licensee who acquires CMS information must not make use of CMS
information or directly or indirectly make a record of or divulge it to
another person except:
(a) in the course of and for the purposes of the operation of an
authorised CMS, or
(b) as may be authorised by the regulations.
Maximum penalty: 50 penalty units.
(2) A CMS licensee must not use or divulge any CMS information
(whether or not in the course of or for the purposes of the operation of
an authorised CMS) in contravention of the regulations.
Maximum penalty: 100 penalty units.
(3) The regulations may make provision for or with respect to the
following:
(a) authorising the recording, divulging and use of CMS
information,
(b) imposing restrictions, including prohibitions, on the use of
CMS information by a CMS licensee (whether or not that use
is in the course of or for the purposes of the operation of an
authorised CMS),
(c) requiring the payment of fees in connection with the use or
divulging of CMS information, and providing for the person to
whom any such fee is to be paid (including the State) and for
the recovery of any unpaid fees.
(4) The provisions of section 206 (2)(7) extend to information to which
this section applies as if they formed part of this section, but with
subsection (4) of that section modified to read as follows:
(4) An authority or person to which or to whom information is
divulged under this section, and a person or employee under the
control of that authority or person, are, in respect of that
information, subject to the same rights, privileges and duties
Page 101
Clause 139 Gaming Machines Bill 2001
Part 9 Authorised CMS
under this section as the authority or person would be if that
authority, person or employee were an employee of a CMS
licensee and had acquired the information in the course of the
operation of an authorised CMS.
(5) In this section:
CMS information means information acquired in the course of the
operation of an authorised CMS.
140 Unlawful interference with authorised CMS
(1) A person must not:
(a) possess any device or equipment made or adapted, or intended
by the person to be used, for interfering with the normal
operation of an authorised CMS, or
(b) do anything that is calculated, or is likely, to interfere with the
normal operation of an authorised CMS.
Maximum penalty: 100 penalty units.
(2) Subsection (1) does not apply to or in respect of the possession of any
device or equipment, or to anything done in good faith, in connection
with the installation, alteration, adjustment, maintenance or repair of
an authorised CMS by:
(a) the CMS licensee who is operating the authorised CMS, or
(b) the holder of a technician's licence, or
(c) any other person approved by the CMS licensee.
(3) A person must not gain, whether personally or for another person, an
advantage in the operation of an approved gaming machine that is
connected to an authorised CMS as the result of knowing about any
faulty or fraudulent computer programming in relation to the CMS.
Maximum penalty: 100 penalty units.
(4) A person must not authorise or permit another person to act in a way
that is an offence under another provision of this section.
Maximum penalty: 100 penalty units.
Page 102
Gaming Machines Bill 2001 Clause 141
Linked gaming systems Part 10
Preliminary Division 1
Part 10 Linked gaming systems
Division 1 Preliminary
141 Definitions
In this Part:
authorised inter-club linked gaming system means a linked gaming
system that:
(a) is operated under the authority of an inter-club links licence,
and
(b) has been authorised by the Minister to be installed in a
registered club in accordance with such requirements as may be
prescribed by the regulations.
authorised inter-hotel linked gaming system means a linked gaming
system that:
(a) is operated under the authority of an inter-hotel links licence,
and
(b) has been authorised by the Minister to be installed in a hotel in
accordance with such requirements as may be prescribed by the
regulations.
exclusive licence period means the period ending 15 years after a date
declared by the Minister by order published in the Gazette to be the
operative date for the purposes of this Part.
licensee means the holder of a links licence.
linked gaming system means a system in which 2 or more specially
approved gaming machines are linked electronically to contribute a
percentage of the money wagered on the gaming devices to a separate
jackpot pool, and includes any communications network, infrastructure
and equipment that is subsidiary to, or used in connection with, the
system.
operate a linked gaming system includes supply, organise or manage
the linked gaming system.
participating club means a registered club participating in an
authorised inter-club linked gaming system.
Page 103
Clause 141 Gaming Machines Bill 2001
Part 10 Linked gaming systems
Division 1 Preliminary
participating hotelier means a hotelier whose hotel is part of an
authorised inter-hotel linked gaming system.
specially approved gaming machine means an approved gaming
machine that:
(a) complies with the guidelines issued by the Minister for linked
gaming systems, and
(b) is of a class of approved gaming machines specially approved
by the Board for the purposes of this Part.
142 Operation of Part
(1) The provisions of this Part prevail to the extent of any inconsistency
with any other provision of this Act.
(2) Without limiting subsection (1), a provision of this Act that would, but
for this section, prevent:
(a) the supply, under the authority of a links licence, of any
approved gaming machine or equipment necessary or ancillary
to the operation of a linked gaming system, or
(b) financing of the acquisition, by a hotelier or registered club, of
any such approved gaming machine or equipment, or
(c) the possession by a licensee of any such approved gaming
machine or equipment, or
(d) any other activity authorised by a links licence or prescribed by
the regulations to be ancillary to an activity so authorised,
does not operate to prevent it.
(3) The regulations may make provision for the conditional or
unconditional exemption of hoteliers or registered clubs from any
specified provisions of this Act or the regulations that would otherwise
prevent the carrying on by a licensee of an activity referred to in
subsection (2).
Division 2 Inter-hotel linked gaming systems
143 Division does not apply to intra-hotel linked gaming systems
This Division applies in relation to a linked gaming system operated
in a hotel only if the linked gaming system includes a specially
approved gaming machine that is kept and operated in another hotel.
Page 104
Gaming Machines Bill 2001 Clause 144
Linked gaming systems Part 10
Inter-hotel linked gaming systems Division 2
144 Keeping of gaming machines in linked gaming system
(1) If an approved gaming machine in a hotel is kept and operated as part
of a linked gaming system that is not an authorised inter-hotel linked
gaming system, section 7 does not apply to the keeping and operation
of the gaming machine.
(2) The fact that an authorised inter-hotel linked gaming system extends
beyond the premises of particular hotel does not mean that an
approved gaming machine that is part of the linked gaming system and
operated in the hotel is not an approved gaming machine in the hotel.
145 Requirement for licence to operate inter-hotel linked gaming system
(1) A person must not operate a linked gaming system in a hotel unless the
person is the holder of an inter-hotel links licence authorising the
person to operate the linked gaming system.
Maximum penalty: 100 penalty units.
(2) A person does not commit an offence under this section if the person
is only carrying out activities involving the preliminary development
and testing of a linked gaming system and those activities have been
approved by the Minister.
146 Unlawful operation of inter-hotel linked gaming system by licensee
A licensee who operates a linked gaming system in a hotel is guilty of
an offence if the linked gaming system is operated in contravention of
a requirement made under this Act, the regulations or the conditions of
the licence.
Maximum penalty: 100 penalty units.
147 TAB entitled to inter-hotel linked gaming system licence during
exclusive licence period
(1) TAB or a wholly owned subsidiary of TAB is entitled, during the
exclusive licence period, to an inter-hotel links licence (the exclusive
licence).
(2) No other person may be granted an inter-hotel links licence during the
exclusive licence period.
(3) Subsections (1) and (2) cease to apply if the exclusive licence is
cancelled or surrendered in accordance with this Part or otherwise
ceases to be in force.
Page 105
Clause 147 Gaming Machines Bill 2001
Part 10 Linked gaming systems
Division 2 Inter-hotel linked gaming systems
(4) No application under this Part is required for the purposes of the grant
of a licence for which there is an entitlement under this section.
(5) Nothing in any other Act prevents TAB from operating a linked
gaming system in a hotel under the authority of an inter-hotel links
licence, or from carrying out any of its functions as a licensee.
(6) Nothing in this section is intended to prevent TAB or any other person
(assuming that they are otherwise qualified) from applying for and
being granted an inter-hotel links licence in respect of any period after
the exclusive licence period.
Division 3 Inter-club linked gaming systems
148 Division does not apply to intra-club linked gaming systems
This Division applies in relation to a linked gaming system operated
on the premises of a registered club only if the linked gaming system
includes a specially approved gaming machine kept and operated on
the premises of another registered club.
149 Keeping of gaming machines in linked gaming system
(1) If an approved gaming machine in a registered club is kept and
operated as part of a linked gaming system that is not an authorised
inter-club linked gaming system, section 7 does not apply to the
keeping and operation of the approved gaming machine.
(2) The fact that an authorised inter-club linked gaming system extends
beyond the premises of a registered club does not mean that an
approved gaming machine that is part of the linked gaming system and
operated on the premises is not an approved gaming machine on the
premises.
150 Requirement for licence to operate inter-club linked gaming system
(1) A person must not operate a linked gaming system in a registered club
unless the person is the holder of an inter-club links licence authorising
the person to operate the linked gaming system.
Maximum penalty: 100 penalty units.
Page 106
Gaming Machines Bill 2001 Clause 150
Linked gaming systems Part 10
Inter-club linked gaming systems Division 3
(2) A person does not commit an offence under this section if the person
is only carrying out activities involving the preliminary development
and testing of a linked gaming system and those activities have been
approved by the Minister.
151 Unlawful operation of inter-club linked gaming system by licensee
A licensee who operates a linked gaming system in a registered club
is guilty of an offence if the linked gaming system is operated in
contravention of a requirement made under this Act, the regulations or
the conditions of the licence.
Maximum penalty: 100 penalty units.
152 TAB entitled to inter-club linked gaming system licence during
exclusive licence period
(1) TAB or a wholly owned subsidiary of TAB is entitled, during the
exclusive licence period, to an inter-club links licence (the exclusive
licence).
(2) No other person may be granted an inter-club links licence during the
exclusive licence period.
(3) Subsections (1) and (2) cease to apply if the exclusive licence is
cancelled or surrendered in accordance with this Part or otherwise
ceases to be in force.
(4) No application under this Part is required for the purposes of the grant
of a licence for which there is an entitlement under this section.
(5) Nothing in any other Act prevents TAB from operating a linked
gaming system in a registered club under the authority of an inter-club
links licence, or from carrying out any of its functions as a licensee.
(6) Nothing in this section is intended to prevent TAB or any other person
(assuming that they are otherwise qualified) from applying for and
being granted an inter-club links licence in respect of any period after
the exclusive licence period.
Page 107
Clause 153 Gaming Machines Bill 2001
Part 10 Linked gaming systems
Division 4 General provisions
Division 4 General provisions
153 Granting of links licences
(1) The Minister may, after considering an application for a links licence:
(a) grant a links licence to the person making the application, or
(b) refuse to grant a links licence.
(2) The Minister may grant a links licence subject to any conditions
determined by the Minister and specified in the links licence.
(3) A links licence is subject to a condition that the licensee must have in
place and must give effect to commercial arrangements with the racing
industry in respect of the licence and the conduct of activities
authorised by the licence, being arrangements that are both:
(a) approved by the Minister, having regard to the interests of the
racing industry, hotels and registered clubs, and
(b) acknowledged by the racing industry in writing to the Minister
to be to the satisfaction of the racing industry.
(4) For the purposes of subsection (3), the racing industry comprises such
one or more persons as the controlling bodies and major racing bodies
(within the meaning of the Totalizator Act 1997) nominate in writing
to the Minister for the purposes of the licence concerned. The
nomination can be changed by fresh nomination in writing to the
Minister, but only if the licensee consents to the fresh nomination.
(5) In deciding whether to grant a links licence, the Minister may have
regard to the following matters:
(a) the need to balance the public interest with private sector
commercial interests,
(b) whether the integrity and regularity of the operation of the
linked gaming system can be ensured,
(c) the need to provide flexibility in respect of commercial gaming
activities,
(d) the need to provide equal opportunities for hotels, or for
registered clubs, to participate in the linked gaming system
concerned, including those hotels or registered clubs situated in
remote areas.
Page 108
Gaming Machines Bill 2001 Clause 153
Linked gaming systems Part 10
General provisions Division 4
(6) Subsection (5) does not limit the factors that the Minister may take into
account in determining whether or not to grant a links licence.
(7) A links licence may be granted to one person or 2 or more persons
jointly.
154 Conditions of links licences
(1) The conditions of a links licence may include, in addition to any other
conditions referred to in this Part, conditions relating to the following:
(a) in the case of a links licence authorising an inter-hotel linked
gaming system--the number of participating hoteliers involved
in the linked gaming system,
(b) in the case of a links licence authorising an inter-club linked
gaming system--the number of participating clubs involved in
the linked gaming system,
(c) the number of approved gaming machines that may be part of
the linked gaming system concerned,
(d) the minimum and maximum amounts of jackpot prizes to be
paid in connection with the linked gaming system,
(e) the financial arrangements with respect to jackpot prize pools
and the establishment by the licensee of a special account
relating to jackpot prize pools,
(f) the furnishing of information, whether in the form of
statements, returns or otherwise, by the licensee to the Minister
relating to the operation of the linked gaming system (including
the operating costs and other costs incurred by the licensee in
operating the linked gaming system),
(g) the times at which, and the form in which, the information
required under paragraph (f) must be furnished to the Minister,
(h) the auditing of the financial records of the licensee relating to
the operation of the linked gaming system (including records of
the operating costs and other costs incurred by the licensee in
operating the linked gaming system),
(i) the approval by the Minister of contracts or arrangements,
entered into by the licensee, for the purpose of operating the
linked gaming system,
Page 109
Clause 154 Gaming Machines Bill 2001
Part 10 Linked gaming systems
Division 4 General provisions
(j) the approval by the Minister of persons engaged in the repair or
maintenance of any equipment used in relation to the operation
of the linked gaming system,
(k) the security requirements in respect of the linked gaming
system,
(l) any other matters that the Minister thinks fit or that may be
prescribed by the regulations.
(2) A links licence may make provision for advice to be furnished to the
Minister in connection with the exercise of the Minister's functions
under this Part.
155 Alteration of conditions of links licences
(1) The Minister may, while a links licence is in force, alter the conditions
of the licence by imposing an additional condition or by amending,
substituting or revoking a condition.
(2) An alteration may not be made under this section unless the Minister:
(a) has given the licensee notice, in writing, setting out the terms of
the proposed alteration and inviting the licensee to make
representations to the Minister, within the period specified in
the notice, concerning the proposed alteration, and
(b) has, after the end of that period, considered any representations
so made by or on behalf of the licensee.
(3) An alteration under this section takes effect:
(a) on the day that is 7 days after the day on which a notice
advising the licensee of the alteration is given to the licensee by
the Minister, or
(b) if a later day is specified in the notice--on that day.
(4) Subsections (2) and (3) do not apply to an alteration made at the
request of a licensee. Such an alteration takes effect on the day
specified in the notice advising of the alteration that is given by the
Minister to the licensee.
Page 110
Gaming Machines Bill 2001 Clause 156
Linked gaming systems Part 10
General provisions Division 4
156 Unlawful interference with authorised linked gaming systems
(1) A person must not:
(a) possess any equipment that is made or adapted, or intended by
the person to be used, for interfering with the normal operation
of an authorised linked gaming system (including any approved
gaming machine that is part of the system), or
(b) do anything calculated, or likely, to interfere with the normal
operation of an authorised linked gaming system (including any
approved gaming machine that is part of the system), or
(c) do anything calculated to render an approved gaming machine
that is part of an authorised linked gaming system incapable,
even temporarily, of producing a winning combination.
(2) Subsection (1) does not apply to or in respect of the possession of any
equipment, or to anything done in good faith, in connection with the
installation, alteration, adjustment, maintenance or repair of an
authorised linked gaming system by:
(a) the licensee who is operating the authorised linked gaming
system, or
(b) the holder of a technician's licence, or
(c) any other person approved by the licensee.
(3) A person must not, with intent to dishonestly obtain money or a
financial advantage for himself or herself or another person, insert in
an approved gaming machine that is part of an authorised linked
gaming system anything other than:
(a) a coin or token of the denomination or type displayed on the
gaming machine as that to be used to operate the machine, or
(b) a bank note of a denomination approved by the Board for use
in order to operate the gaming machine, or
(c) a card of a type approved by the Board for use in order to
operate the gaming machine.
(4) A person must not gain, whether personally or for another person, an
advantage in the operation of an approved gaming machine that is part
of an authorised linked gaming system as the result of knowing about
any faulty or fraudulent computer programming in relation to the
system.
Page 111
Clause 156 Gaming Machines Bill 2001
Part 10 Linked gaming systems
Division 4 General provisions
(5) A person must not authorise or permit another person to act in a way
that is an offence under another provision of this section.
Maximum penalty: 100 penalty units.
157 Illegal advantage with respect to linked gaming systems
(1) A person must not, during the design, manufacture, assembly,
installation, maintenance or repair of an authorised linked gaming
system, dishonestly make provision to gain an advantage (whether or
not for another person) in the operation of the linked gaming system.
(2) A person who, as a result of gross negligence during the design,
manufacture, assembly, installation, maintenance or repair of an
authorised linked gaming system, makes provision to gain an
advantage (whether or not for another person) in the operation of the
linked gaming system is guilty of an offence.
(3) A person must not do anything to an authorised linked gaming system
in order to conceal anything that is an offence under subsection (1)
or (2).
(4) A person must not authorise or permit another person to act in a way
that is an offence under another provision of this section.
Maximum penalty: 100 penalty units.
158 Removal of linked gaming system from hotels or clubs
(1) A person (including a participating hotelier or participating club) must
not, without the consent of the Minister, remove, or cause to be
removed, an authorised linked gaming system that has been installed
in a hotel or registered club.
Maximum penalty: 100 penalty units.
(2) Subsection (1) does not apply to:
(a) the licensee who is operating the authorised linked gaming
system, or
(b) a person approved by the licensee to remove the linked gaming
system.
Page 112
Gaming Machines Bill 2001 Clause 159
Investment licences Part 11
Part 11 Investment licences
159 Definitions
In this Part:
exclusive licence means the investment licence to which TAB is
entitled under this Part.
exclusivity period means the period up to 30 June 2013.
licensee means the holder of an investment licence.
160 Investment licences authorising sale and supply of gaming machines
and investment in profits from them
(1) An investment licence may be granted under this Part authorising the
licensee to acquire approved gaming machines and, on such terms as
may be agreed between the licensee and a hotelier, to do any one or
more of the following:
(a) to supply approved gaming machines to the hotelier,
(b) to finance the acquisition by the hotelier of one or more
approved gaming machines,
(c) to share in the profits derived from the operation of an
approved gaming machine supplied by, or whose acquisition is
financed by, the licensee,
and to carry on such ancillary activities as may be specified in the
licence.
(2) To the extent permitted by the investment licence, the licensee may
under a contract or other arrangement engage a person to act as its
agent or to perform any service in connection with an activity
authorised by the licence.
(3) Nothing in this or any other Act operates to prevent:
(a) the possession by a licensee of approved gaming machines, the
sale or supply of such machines by the licensee to hoteliers or
the financing by the licensee of the hotelier's acquisition of
such machines, or
(b) the sharing between a hotelier and the licensee of profits
derived from such machines, or
Page 113
Clause 160 Gaming Machines Bill 2001
Part 11 Investment licences
(c) the carrying on of:
(i) any activity authorised by the licence, or
(ii) any activity prescribed by the regulations to be ancillary
to an activity authorised by the licence.
(4) The regulations may provide for the conditional or unconditional
exemption of hoteliers from any specified provisions of this Act or the
regulations that would otherwise prevent the carrying on by the
licensee of an activity referred to in subsection (3).
(5) Nothing in this section affects:
(a) the overall State cap, and
(b) the limitation imposed under section 11 on the number of
approved gaming machines that may be kept in a hotel, or
(c) the operation of any regulation made for the purposes of this
Part prescribing any matter or thing as a condition of an
investment licence.
161 Exclusive investment licence
(1) TAB or a wholly owned subsidiary of TAB is entitled to be granted an
investment licence authorising the carrying on, during the exclusivity
period, of the activities authorised by the licence.
(2) No other person may be granted an investment licence during the
exclusivity period.
(3) The Minister may, in the Minister's absolute discretion, grant the
exclusive licence for a term that is longer than the exclusivity period.
(4) This section ceases to apply if the exclusive licence is cancelled or
otherwise ceases to have effect under this Act.
(5) No application under this Part is required for the purposes of the grant
pursuant to this section of the exclusive licence (whether it is granted
for the exclusivity period or for a longer period).
(6) Nothing in this Part prevents the grant, on application duly made, of a
further investment licence to TAB.
Page 114
Gaming Machines Bill 2001 Clause 162
Investment licences Part 11
162 Joint venture
Subject to the regulations and to the conditions of its exclusive licence,
TAB may enter into a joint venture with the Australian Hotels
Association (NSW), or any company wholly owned by the
Association, in relation to the business of carrying on some or all of
the activities authorised by TAB's exclusive licence.
163 Grant of investment licence
(1) The Minister may, after considering an application for an investment
licence:
(a) grant an investment licence to the person making the
application, or
(b) refuse to grant the licence.
(2) An investment licence is subject to such conditions as are imposed by
or under this Act or as are determined by the Minister and specified in
the licence.
164 Conditions of investment licence
The conditions that may be imposed by the Minister on an investment
licence include (but are not limited to) conditions relating to the
following:
(a) the appointment of, and the making of probity checks in respect
of, contractors, joint venturers and other persons,
(b) the furnishing of information, whether in the form of
statements, returns or otherwise, by the licensee to the Minister
relating to the carrying on of any activity authorised by the
licence,
(c) the time or times at which, and the form in which, the
information required under paragraph (b) must be furnished to
the Minister,
(d) the auditing of the financial records of the licensee relating to
the carrying on of activities authorised by the licence.
165 Amendment of conditions of investment licence
(1) The Minister may amend the conditions of an investment licence in
accordance with this section.
Page 115
Clause 165 Gaming Machines Bill 2001
Part 11 Investment licences
(2) The conditions may be amended by being substituted, varied, revoked
or added to.
(3) An amendment may be proposed:
(a) by the licensee by requesting the Minister in writing to make
the amendment, or
(b) by the Minister by giving notice in writing of the proposed
amendment to the licensee and giving the licensee at least 14
days to make submissions to the Minister concerning the
proposed amendment.
(4) The Minister is to consider any submissions made by the licensee and
is then to decide whether to make the proposed amendment, either
with or without changes from that originally proposed.
(5) The Minister is to notify the licensee of the Minister's decision. Any
amendment that the Minister decides on takes effect when notice of the
decision is given to the licensee or on such later date as may be
specified in the notice.
Page 116
Gaming Machines Bill 2001 Clause 166
General provisions relating to CMS, links and investment licences Part 12
Part 12 General provisions relating to CMS, links and
investment licences
166 Definitions
In this Part:
licence means:
(a) a CMS licence, or
(b) a links licence, or
(c) an investment licence.
licensee means the holder of a licence.
167 Applications for licences
(1) An application for a licence must:
(a) be in the form approved by the Minister, and
(b) be accompanied by such information as the Minister requires,
and
(c) be accompanied by the fee prescribed by the regulations.
(2) An application for a licence may not be made by:
(a) a person who is under 18 years of age, or is within a class of
persons prescribed by the regulations as being ineligible to
apply for a licence, or
(b) a person who is disqualified from holding a gaming-related
licence, or
(c) a person who is the holder of a suspended gaming-related
licence.
168 Consideration and fees for CMS licence or links licences
(1) The Minister may determine that an amount is payable as consideration
for the grant of a CMS licence or links licence. Different amounts may
be determined for different licences.
(2) The Minister may determine a periodic licence fee for a CMS licence
or links licence. Any such fee is payable in accordance with the
regulations.
Page 117
Clause 168 Gaming Machines Bill 2001
Part 12 General provisions relating to CMS, links and investment licences
(3) The Minister can accept payment of an amount of consideration
payable under this section by payment in money or by the issue of
shares.
(4) A CMS licence or links licence for which an amount of consideration
has been determined to be payable under this section is not to be
granted until the amount has been paid or arrangements satisfactory to
the Minister have been made for its payment.
(5) The regulations may make provision for or with respect to any fee
payable under this section and in particular may provide for any of the
following:
(a) the periods in respect of which a fee is payable,
(b) times for payments of fees,
(c) payment by instalments,
(d) penalties for late payment,
(e) suspension or cancellation of a licence for failing to pay a fee,
(f) the circumstances in which a fee (or part of a fee) may be
refunded.
169 Trade Practices exemption for exclusive licences
(1) The following conduct is specifically authorised by this Act for the
purposes of the Trade Practices Act 1974 of the Commonwealth and
the Competition Code of New South Wales:
(a) the grant of an exclusive licence under Part 9, 10 or 11,
(b) conduct authorised or required by or under the terms or
conditions of any such exclusive licence.
(2) Conduct authorised by subsection (1) is authorised only to the extent
(if any) that it would otherwise contravene Part IV of the Trade
Practices Act 1974 of the Commonwealth and the Competition Code
of New South Wales.
170 No proprietary right in licences
(1) A licence confers no right of property and is incapable of being
assigned or mortgaged, charged, leased or otherwise encumbered.
Page 118
Gaming Machines Bill 2001 Clause 170
General provisions relating to CMS, links and investment licences Part 12
(2) This section does not, in the case of an investment licence, prevent the
licensee from conducting activities authorised by the licence in the
course of a joint venture or other arrangement to which the licensee is
a party.
171 Term of licences
A licence remains in force for the period for which it is granted, as
specified in the licence, unless sooner cancelled or surrendered.
172 Disciplinary action against licensees
(1) For the purposes of this Part:
disciplinary action means any one or more of the following actions in
relation to a licence:
(a) the cancellation or suspension of the licence,
(b) the imposition on the licensee of a monetary penalty (not
exceeding $250,000),
(c) the alteration of the conditions of the licence by the Minister,
(d) the service of a letter of reprimand by the Minister on the
licensee.
(2) If a licensee:
(a) contravenes a provision of this Act or the regulations, or
(b) fails to comply with any requirement under this Act or the
regulations that relates to the licensee, or
(c) in the case of a CMS licensee--fails to comply with any
requirement under the Gaming Machine Tax Act 2001 that
relates to the licensee, or
(d) fails to comply with a condition of the licence, or
(e) being a natural person:
(i) becomes bankrupt, applies to take the benefit of any law
for the relief of bankrupt or insolvent debtors,
compounds with his or her creditors or makes an
assignment of his or her remuneration for their benefit,
or
(ii) becomes an incapacitated person and incapable of
carrying on the activities authorised by the licence in
accordance with this Act, or
Page 119
Clause 172 Gaming Machines Bill 2001
Part 12 General provisions relating to CMS, links and investment licences
(iii) is convicted of an offence involving fraud or dishonesty,
or
(f) being a corporation:
(i) enters into or authorises a dealing with or in respect of
shares of, or other instruments issued by, the
corporation without the consent in writing of the
Minister that, in the opinion of the Minister, affects the
control of the corporation, or
(ii) becomes an externally administered corporation within
the meaning of the Corporations Act 2001 of the
Commonwealth, or
(iii) fails to terminate promptly the employment of a person
concerned in the management of the licensee who is
convicted of an offence involving fraud or dishonesty,
the Minister may serve on the licensee a notice in writing giving the
licensee an opportunity to show cause within 14 days (or such longer
period as the Minister may specify in the notice) why disciplinary
action should not be taken against the licensee on the grounds
specified in the notice.
(3) The licensee may, within the period allowed by the notice, arrange
with the Minister for the making of submissions to the Minister as to
why disciplinary action should not be taken and the Minister is to
consider any submissions so made.
(4) The Minister may then decide that it is appropriate that certain
disciplinary action be taken against the licensee and may either:
(a) take that disciplinary action, or
(b) as an alternative to taking that disciplinary action, take action
under section 173.
(5) To the extent that this section authorises disciplinary action to be taken
in relation to an offence committed by the licensee or another person,
such action may be taken against the licensee whether or not the
licensee or person has been prosecuted, convicted or penalised for the
offence.
(6) Disciplinary action takes effect when notice of it is given in writing or
on a later date specified in the notice.
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(7) The fact that disciplinary action is taken by the Minister under this
section does not prevent the Minister from taking the same or other
disciplinary action under this section if the contravention continues or
a fresh contravention occurs.
(8) A monetary penalty imposed under this section may be recovered as
a debt due to the Crown in a court of competent jurisdiction.
173 Rectification order as alternative to disciplinary action
(1) As an alternative to taking disciplinary action against a licensee, the
Minister may direct the licensee in writing to take specified action
within a specified time to rectify the matter that constitutes the basis
for taking disciplinary action.
(2) If a licensee fails to take the specified action within the specified time,
the Minister may proceed to take disciplinary action in accordance
with section 172.
174 Temporary suspension of licences
(1) The Minister may take action under this section, without prior notice
to a licensee, in order to secure compliance by a licensee with a
direction given to the licensee in accordance with the regulations.
(2) If the Minister considers it necessary or expedient for the purposes of
this section, the Minister may, by notice, suspend a licence:
(a) until a date specified in the notice of suspension, or
(b) if the notice so specifies--until the Minister, being satisfied that
the relevant direction has been complied with, further notifies
the licensee.
175 Surrender of licences
(1) A licensee may surrender a licence by giving notice in writing to the
Minister. If the licence is held by more than one person, each licensee
is to surrender the licence.
(2) The surrender takes effect only if the Minister consents to the
surrender.
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176 Appointment of temporary licensee if CMS licence or links licence
suspended, cancelled or surrendered
(1) If a CMS licence or links licence is suspended, cancelled or
surrendered (the former licence), the Minister may, if the Minister is
satisfied that it is in the public interest to do so, by instrument in
writing appoint a person to be a licensee (the appointed licensee) for
the purposes of this section.
(2) In appointing a person to be the appointed licensee, the Minister must
have regard to the suitability of the person.
(3) The appointed licensee is to be appointed on such terms and conditions
as the Minister thinks fit.
(4) The appointment of the appointed licensee may be terminated at any
time by the Minister and is in any case terminated:
(a) 90 days after appointment unless in a particular case the
appointment is extended by the regulations, or
(b) by the granting of:
(i) in the case where the former licence authorised the
operation of a CMS--another CMS licence, or
(ii) in the case where the former licence authorised an inter-
hotel linked gaming system--another links licence to
operate an inter-hotel linked gaming system, or
(iii) in the case where the former licence authorised an inter-
club linked gaming system--another links licence to
operate an inter-club linked gaming system.
(5) The appointed licensee:
(a) is to be considered to be the holder of a licence granted on the
same terms and subject to the same conditions as the former
licence (as in force immediately before its suspension,
cancellation or surrender) with such modifications as the
Minister may direct, and
(b) is to assume full control of and responsibility for the business
of the former licensee in respect of:
(i) the CMS operated under the former licence, or
(ii) the linked gaming system operated under the former
licence, and
(c) is to operate or cause to be operated a CMS or linked gaming
system in accordance with this Act, and
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(d) has, in connection with the operation of a CMS or linked
gaming system, all the functions of the former licensee.
(6) Subject to this section, an appointed licensee under this section may
enter into such arrangements as are approved by the Minister with the
former licensee, including arrangements relating to the use of assets
and services of staff of the former licensee.
(7) The former licensee must:
(a) make available to the appointed licensee on reasonable terms
such assets of, or under the control of, the former licensee as
are reasonably necessary for arrangements under subsection (6),
and
(b) use the former licensee's best endeavours to make available
such staff of the former licensee as are reasonably necessary for
those arrangements.
Maximum penalty: 100 penalty units.
(8) The regulations may make provision for or with respect to the
functions of an appointed licensee.
(9) The following provisions have effect in respect of the net earnings of
a CMS or linked gaming system while operated by an appointed
licensee under this section:
(a) no payment of net earnings (including any fees or charges) is to
be made to the former licensee without the prior approval of the
Minister,
(b) the former licensee is entitled to a fair rate of return out of net
earnings (if any) on any property of the former licensee retained
by the appointed licensee (subject to any arrangements made
under subsection (6)),
(c) the Minister may direct that all or any part of net earnings
(other than that to which the former licensee is entitled under
paragraph (b)) is to be paid into the Consolidated Fund, with
any balance to be paid to the former licensee.
177 Directions to licensees and other relevant persons
(1) The regulations may provide for the Minister:
(a) to give directions to a CMS licensee, hotelier or registered club,
or to any person concerned in the management or supervision
of a CMS:
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(i) regarding any matter that relates to the operation of a
CMS, and
(ii) regarding any agreement or arrangement that relates to
a CMS, and
(iii) requiring the CMS licensee, hotelier, registered club or
other person to provide such information or particulars,
and in such circumstances, as may be prescribed by the
regulations, and
(b) to give directions to the holder of a licence, or to a participating
hotelier or participating club, or to any person concerned in the
management or supervision of a linked gaming system:
(i) regarding any matter that relates to the operation of a
linked gaming system, and
(ii) regarding any agreement or arrangement that relates to
a linked gaming system, and
(iii) requiring the licensee, hotelier, club or other person to
provide such information or particulars, and in such
circumstances, as may be prescribed by the regulations,
and
(c) to give directions to a hotelier or other person who is party to
any business arrangement with, or otherwise concerned in the
activities carried on under an investment licence:
(i) regarding any matter that relates to an activity carried on
under the authority of the investment licence, and
(ii) regarding any agreement or arrangement that relates to
any such activity, and
(iii) requiring the hotelier or other person to provide such
information or particulars, and in such circumstances, as
may be prescribed by the regulations.
(2) The regulations may make provision for or with respect to the
enforcement of such directions.
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Part 13 Investigation and enforcement powers
178 Interpretation
(1) A reference in this Part to an approved gaming machine includes a
reference:
(a) to any device that is in the nature of an approved gaming
machine, or
(b) to any part of an approved gaming machine or of any such
device.
(2) In this Part:
licensee means the holder of a gaming-related licence.
179 Identification of special inspectors
(1) The Minister administering section 109 of the Liquor Act 1982 is to
cause each special inspector to be issued with a means of identification
that is approved by the Minister and includes the following
information:
(a) that the identification is issued under this Act by the Minister
administering the Liquor Act 1982,
(b) the name of the special inspector,
(c) that the special inspector is authorised to exercise the powers
conferred on a special inspector by this Act.
(2) In the course of exercising the functions of a special inspector under
this Act, the inspector must, if requested to do so by any person
affected by the exercise of any such function, produce the inspector's
identification to the person unless to do so would defeat the purpose
for which the functions are to be exercised.
180 General powers of entry, inspection and seizure
(1) This section applies to the following premises:
(a) a hotel,
(b) a registered club,
(c) the premises on which a licensee or the holder of a work permit
carries on business, or on which the licensee or permit holder
is employed.
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(2) If the Commissioner of Police or a special inspector believes on
reasonable grounds that a contravention of this Act has been, or is
being, committed on premises to which this section applies, the
Commissioner or inspector may, at any time of the day or night, enter
the premises with or without a police officer.
(3) In exercising the power conferred by subsection (2), a police officer
may break into the premises if entry is refused or is unreasonably
delayed (whether or not by the absence of a person able to permit entry
to the premises).
(4) A police officer, the Director or a special inspector may, at any
reasonable time, enter and examine any premises to which this section
applies and may:
(a) make such examination and inquiry as may be necessary to
ascertain whether the provisions of this Act have been, and are
being, complied with, and
(b) having required the production of any registers, books, records
or other documents relating to the business carried on at the
premises concerned--inspect, make copies of or take extracts
from, entries in the registers, books, records or other
documents, and
(c) examine any approved gaming machine and take readings from
the gaming machine.
(5) In the exercise of a power conferred under this section, the
Commissioner of Police, a police officer or a special inspector may:
(a) if the Commissioner, police officer or special inspector
considers it necessary to do so for the purposes of obtaining
evidence of the commission of an offence--seize any registers,
books, records or other documents relating to the business
conducted on the premises, and
(b) require any person to answer any question relating to any such
registers, books, records or other documents or any other
relevant matter.
(6) A person who wilfully delays or obstructs a police officer, the Director
or a special inspector in the exercise of powers under this section is
guilty of an offence.
Maximum penalty: 50 penalty units.
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(7) If any premises are entered under this section, a person is guilty of an
offence if the person refuses to permit or to assist the exercise of the
powers conferred by this section on the police officer, Director or
special inspector in the exercise of his or her powers.
Maximum penalty: 50 penalty units.
181 Dealing with seized documents
(1) If the Commissioner of Police or a police officer or special inspector
seizes any document under section 180 on premises to which that
section applies, the Commissioner, police officer or special inspector
is required to issue the person apparently in charge of the premises
with a written receipt for the document.
(2) The Commissioner of Police, police officer or special inspector may
retain any such seized document until the completion of any
proceedings (including proceedings on appeal) in which it may be
evidence.
(3) A document may only be retained under subsection (2) if the person
from whom the document was seized is provided, within a reasonable
time after the seizure, with a copy of the document certified by the
Commissioner of Police, police officer or special inspector as a true
copy.
(4) The copy is, as evidence, of equal validity to the document of which
it is certified to be a copy.
182 Hoteliers and clubs must comply with requirements of special
inspector
(1) A special inspector may require a hotelier or registered club to do any
of the following:
(a) to withdraw from operation an approved gaming machine that,
in the opinion of the inspector, is not operating properly,
(b) to refrain from making available for operation an approved
gaming machine withdrawn from operation under paragraph (a)
until, in the opinion of the inspector or another special
inspector, it is operating properly,
(c) to refrain from making an approved gaming machine available
for operation except in accordance with controls specified by
the inspector in relation to the gaming machine,
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(d) to deliver to the Board, in writing in the English language and
within a time specified by the inspector, such particulars
relating to an approved gaming machine in the hotel or club as
are so specified,
(e) to refrain from making available for operation an approved
gaming machine indicated by the inspector until it has been
fitted with a device approved by the Board for the purposes of
the secure keeping and operation of the gaming machine.
(2) A hotelier or registered club must comply with any such requirement
given to the hotelier or club.
Maximum penalty: 50 penalty units.
183 Powers of entry and inspection--gaming machines
(1) In this section:
authorised person means a special inspector, the Commissioner of
Police or a person prescribed by the regulations as an authorised
person for the purposes of this section.
(2) This section applies to the following premises:
(a) a hotel,
(b) a registered club,
(c) the premises on which a licensee or the holder of a work permit
carries on business, or on which the licensee or permit holder
is employed.
(3) An authorised person may enter any part of premises to which this
section applies and exercise the powers conferred by this section, but
may do so only:
(a) at a reasonable hour of the day or night, unless it is being
exercised in an emergency, and
(b) after giving reasonable notice, unless the giving of notice would
defeat the purpose for which the powers are to be exercised,
and
(c) by using no more force than is reasonably necessary.
(4) The authorised person may do any of the following:
(a) inspect, count, check and test, and make notes relating to,
approved gaming machines,
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(b) require a person having access to records relating to relevant
matters to produce the records for examination,
(c) make copies of, and take extracts from, records relating to
relevant matters,
(d) affix a temporary seal to any part of an approved gaming
machine,
(e) for the purpose of further examination, take possession of, and
remove, a record relating to relevant matters.
(5) The authorised person may ask any of the following persons to answer
questions relating to relevant matters:
(a) a hotelier or manager of a hotel,
(b) the secretary of a registered club or any other member of the
governing body of a club,
(c) a holder of a gaming-related licence or, if a holder of a
gaming-related licence is a corporation, a director of the
corporation,
(d) an employee of a hotelier, registered club or holder of a
gaming-related licence,
(e) the person who appears to be in charge of the premises entered.
(6) The authorised person may take possession of, and remove, an
approved gaming machine that is on the premises entered (including
any money in the gaming machine):
(a) for the purposes of further examination, or
(b) if the authorised person believes on reasonable grounds that the
gaming machine is in the possession of a person who, by being
in possession of the gaming machine or part, is guilty of an
offence,
but may do so only if the authorised person issues the person
apparently in charge of the premises with a written receipt for the
gaming machine and for any money in it.
(7) If damage is caused by the exercise of the powers conferred by this
section, the Minister is to pay reasonable compensation for the damage
unless the exercise of the powers was obstructed by the occupier of the
premises.
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(8) An approved gaming machine removed under this section, and any
money in it, is to be returned if the Board so directs on the application
of the owner made not earlier than 14 days after its removal, unless a
summons has been issued under section 185.
(9) If a person claims on reasonable grounds that a record removed under
this section is necessary for the conduct of business on the premises
from which the record was removed, the record is not to be retained
beyond the end of the next succeeding day, unless the claimant is first
provided with a copy of the record certified by an authorised person to
be a true copy. A certified copy of a record provided under this section
is for all purposes of equal validity to the original.
(10) A Licensing Magistrate or other Magistrate, or the Principal Registrar,
may, on the application of an authorised person, issue a summons
requiring a person:
(a) to produce to the Licensing Court records that the person
summoned has failed to produce in accordance with a
requirement made under this section, or
(b) to appear before the Licensing Court and give evidence in
relation to a matter in respect of which the person summoned
has failed to answer a question in accordance with such a
requirement,
and, on the return of the summons, the person summoned may be
represented and be heard.
(11) A person who, having been served with a summons under this section,
fails to comply with the summons, is guilty of an offence.
Maximum penalty: 50 penalty units.
(12) A person who, not being an authorised person, breaks a temporary seal
that has been affixed to an approved gaming machine by an authorised
person is guilty of an offence.
Maximum penalty: 100 penalty units.
(13) In this section:
relevant matter means a matter relating to:
(a) the manufacture, supply, sale, servicing, possession, keeping or
operation of an approved gaming machine, or
(b) a transaction referred to in section 122.
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184 Search warrants--gaming machines
(1) A police officer may apply to an authorised justice for a search warrant
if the police officer has reasonable grounds for believing that, on
specified premises, a provision of this Act or the regulations, or a
condition of a gaming-related licence, is being or has been contravened
in relation to an approved gaming machine.
(2) An authorised justice to whom such an application is made may, if
satisfied that there are reasonable grounds for doing so, issue a search
warrant to any police officer to enter and search the premises.
(3) Part 3 of the Search Warrants Act 1985 applies to a search warrant
issued under this section.
(4) A police officer who enters any premises on the authority of a search
warrant issued under this section may search the premises and may:
(a) seize and carry away an approved gaming machine or any
money in the gaming machine, or
(b) seize and carry away any books of account and documents that
may reasonably be suspected to relate to approved gaming
machines, or
(c) require any person on the premises to state his or her name and
address.
(5) This section does not authorise a police officer to carry away any thing
for which the officer does not give a receipt.
(6) In this section:
authorised justice has the same meaning as in the Search Warrants
Act 1985.
185 Forfeiture or return of removed or seized gaming machines
(1) This section applies to an approved gaming machine if it is removed
under section 183 or is seized under section 184 in the execution of a
search warrant.
(2) A Licensing Magistrate or other Magistrate, the Principal Registrar, or
an authorised justice under the Search Warrants Act 1985, may
(whether or not on application by a police officer) issue a summons
requiring:
(a) the owner of an approved gaming machine to which this
section applies, or
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(b) the owner or occupier of the premises from which such a
gaming machine was removed or on which it was seized,
to appear before the Licensing Court and show where and for what
purpose the person summoned came to be in possession of the gaming
machine.
(3) On the return of the summons and whether or not there is an
appearance in response to the summons, the Licensing Court is to
inquire into the matter and:
(a) order the forfeiture to the Crown of the approved gaming
machine, and of any money found in the gaming machine, if
satisfied that a provision of this Act or the regulations was
being contravened in relation to the gaming machine on the
premises from which it was removed or on which it was seized,
or
(b) if not so satisfied, order the return to the person summoned of
the approved gaming machine and any money found in the
gaming machine.
186 Other forfeitures of gaming machines
(1) If, in proceedings of any kind before it, the Licensing Court or any
other Court finds that this Act or the regulations, or a condition of a
gaming-related licence, has been contravened in relation to an
approved gaming machine, the Court may order the forfeiture to the
Crown of the gaming machine and any money found in it.
(2) A police officer may seize and carry away anything that the police
officer reasonably suspects may be liable to forfeiture under this
section or which a Court has ordered to be forfeited to the Crown,
including any money in an approved gaming machine at the time of its
seizure.
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Appeals and reviews Division 1
Part 14 Legal proceedings and related matters
Division 1 Appeals and reviews
187 Appeal to Supreme Court on question of law
(1) A person who is aggrieved by a decision of the Licensing Court in
proceedings under this Act may appeal to the Supreme Court on a
question of law.
(2) On the determination of an appeal under subsection (1), the Supreme
Court is:
(a) to remit the matter to the Licensing Court with the decision of
the Supreme Court, or
(b) to make such other order in relation to the appeal as it thinks fit.
(3) An appeal under subsection (1) is to be made in accordance with rules
of court of the Supreme Court.
(4) If a matter is remitted to the Licensing Court under subsection (2) (a),
the Chairperson of the Licensing Court may replace with another
Magistrate referred to in section 9 or 10 of the Liquor Act 1982 the
Magistrate so referred to who constituted, or a Magistrate so referred
to who was a member of, the Court to whose adjudication the matter
remitted relates if:
(a) the Magistrate being replaced has ceased to hold office as a
Magistrate, or
(b) the Magistrate being replaced is absent, ill or otherwise
unavailable for duty.
(5) A Magistrate who replaces another Magistrate for the purpose of
determining a matter remitted to the Licensing Court under subsection
(2) (a) may do any act or thing in connection with the remitted matter
that could have been done by the replaced Magistrate if the replaced
Magistrate had constituted, or been a member of, the Court
determining the remitted matter and, for that purpose:
(a) may read as evidence for any party the depositions of all
witnesses in the proceedings, and
(b) may decide, or join in deciding, to grant leave for further
evidence to be called by a party to the proceedings.
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Division 1 Appeals and reviews
188 Appeal to District Court from conviction
Division 4 of Part 5 of the Justices Act 1902 (or, if that Division is
replaced by the provisions of another Act, those replacement
provisions) apply to and in respect of a decision of the Licensing Court
exercising jurisdiction under section 197 in the same way as it applies
to and in respect of a conviction or order of a Local Court.
189 Appeal to Licensing Court
(1) Except where an appeal lies by reason of section 187 or 188, a person
who is aggrieved by a decision of the Licensing Court constituted by
less than 3 Magistrates in proceedings under this Act may appeal
against the decision, in accordance with the regulations, to the
Licensing Court constituted as provided by section 10 of the Liquor
Act 1982.
(2) An appeal under subsection (1) is an appeal by way of rehearing and
the decision on such an appeal is, subject to section 187, final and
conclusive and not subject to appeal.
(3) The lodging of an appeal under this section operates to stay the
decision appealed against, except in the case of a decision to uphold
a complaint on the ground set out in section 129 (3) (g) (iv), (h) or (i)
or (5) (a).
190 Review of disqualification
(1) A person may apply to the Licensing Court for a review of a
disqualification imposed under section 131 or 198 if the
disqualification has effect for a period of more than 3 years.
(2) The application may be made only after:
(a) any minimum period set by the Licensing Court during which
the application may not be made has expired, or
(b) if no minimum period has been set, the disqualification has
been in force for 3 years.
(3) On application being made for the review of a disqualification, the
Licensing Court may:
(a) remove the disqualification, or
(b) shorten the period of disqualification, or
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Appeals and reviews Division 1
(c) confirm the disqualification and set a minimum period during
which a further application for review under this section may
not be made.
(4) This section does not affect any right of appeal that a person might
have under section 189 against the original decision to disqualify the
person.
Division 2 General provisions
191 Licensing Court to state reasons for refusal
If an application made under this Act is refused by the Licensing
Court, the Licensing Court must state its reasons for the refusal.
192 Discretionary powers of Licensing Court
Despite any other provision of this Act, on the hearing of an
application made under this Act, the Licensing Court may at the
request of the applicant or of any objector to the application and on
such terms as to costs or adjournment as it thinks fit:
(a) permit the lodgment or amendment of any notice or other
instrument necessary to the proceedings before the Court, or
(b) disregard any omission, error, defect or insufficiency in any
such notice or other instrument or any failure, defect or
insufficiency in respect of the giving, serving, fixing, keeping
affixed, advertising, exhibition or publishing of any such notice
or other instrument if the Licensing Court is satisfied that
injustice to any person will not be occasioned.
193 Costs and expenses
(1) The Licensing Court:
(a) in determining an application made under this Act to which an
objection may be taken, may order that:
(i) the applicant pay to any objector the objector's
reasonable costs and expenses in making the objection,
or
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Division 2 General provisions
(ii) any objector or any person who the Licensing Court is
satisfied is directly or indirectly interested in the taking
of any objection pay to the applicant the applicant's
reasonable costs and expenses in answering the
objection, or
(b) in determining a complaint under Part 8 may order that:
(i) the hotelier or registered club against which the
complaint is made pay to the complainant the
complainant's reasonable costs and expenses in making
the complaint, or
(ii) the complainant pay to the hotelier or registered club the
hotelier's or registered club's reasonable costs and
expenses in answering the complaint,
within such time as may be specified in the order.
(2) Except in such circumstances as may be prescribed by the regulations,
an order cannot be made under subsection (1) for the payment of any
amount by an objector or complainant if the Licensing Court is
satisfied that:
(a) the objection or complaint is based exclusively on
considerations of public interest and is not malicious, frivolous
or vexatious, and
(b) the objector or complainant has no direct or indirect pecuniary
interest in the refusal of the application or any expectation of
such an interest or in the upholding of the complaint.
(3) Any amount ordered to be paid under subsection (1) may be recovered
as a debt in any court of competent jurisdiction.
(4) So long as any amount ordered to be paid by a hotelier or registered
club under subsection (1) remains unpaid after the time ordered for the
payment of the amount, the hotelier's licence or certificate of
registration of the club, as the case may be, is taken to be not in force.
194 Evidentiary provisions
(1) In any legal proceedings under this Act, any one or more of the
following allegations is taken to be proved unless the contrary is
proved:
(a) that a specified poker machine is or is not an approved poker
machine,
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General provisions Division 2
(b) that a specified device is or is not an approved amusement
device,
(c) that a specified hotelier, or a specified registered club, is or is
not authorised to keep an approved gaming machine or a
specified number of approved gaming machines,
(d) that a specified person is or is not the holder of a
gaming-related licence or a specified kind of gaming-related
licence,
(e) that a specified gaming-related licence has been suspended,
(f) that a specified person is a special inspector,
(g) that a specified person is the Director,
(h) that a club is or is not a registered club,
(i) that a specified person is the secretary of a registered club,
(j) that a specified person is the a delegate of an office holder
within the meaning of section 208.
(2) In any proceedings under this Act, an allegation in an information that,
at a specified time, a person was under the age of 18 years is evidence
of the truth of the allegation unless the defendant denies the allegation:
(a) at any adjournment before the commencement of the hearing of
the information--by informing the Licensing Court, the
informant or person appearing for the informant in writing of
the denial, or
(b) at any time not later than 14 days before the hearing of the
information--by informing the informant or a person appearing
for the informant in writing of the denial.
195 Evidence by affidavit
(1) Subject to subsection (2) and except to the extent (if any) that the
Licensing Court otherwise directs, evidence in any proceedings before
the Licensing Court under this Act (other than proceedings for an
offence) is to be given by affidavit.
(2) Except to the extent (if any) that the parties otherwise agree or the
Licensing Court otherwise directs, an affidavit may not, in the absence
of the deponent, be admitted in evidence under subsection (1).
(3) If proceedings for or in respect of an offence under this Act are taken
before the Licensing Court, a witness present in the Court at the
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hearing of the proceedings is, unless the Court otherwise directs in a
particular case or class of cases, to give evidence by means of a written
statement a copy of which has been given both to the Court and the
parties and which, at the hearing, is verified orally on oath by the
witness.
(4) A witness who, in accordance with this section, gives evidence by
affidavit or written statement may be cross-examined and re-examined
as if the witness had given oral evidence on oath of the matter of the
statement.
196 Prosecution of unincorporated clubs
(1) An information for an offence under this Act or the regulations of
which a registered club that is not a body corporate is alleged to be
guilty may be laid against the club in the name of the club.
(2) Any such information may, subject to subsection (3), be prosecuted
and dealt with in all respects as if the club were a body corporate.
(3) Any penalty imposed on or other amount ordered to be paid by such
a club on conviction for such an offence may be recovered from the
trustees or other governing body of the club as a debt in any court of
competent jurisdiction.
(4) The trustees or other governing body of such a club are indemnified
for the payment of any such penalty or other amount from the property
of the club.
197 Proceedings for offences
(1) Proceedings for an offence under this Act or the regulations may be
taken within 12 months after the act or omission on which they are
based and may be so taken:
(a) before the Licensing Court, or
(b) before a Local Court.
(2) Proceedings taken before the Licensing Court are, for the purposes of
any Act relating to summary proceedings before a Local Court, taken
to be summary proceedings before a Local Court.
198 Additional penalties
(1) In addition to any penalty that the Licensing Court may impose on a
hotelier, registered club or holder of gaming-related licence (the
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licensee) for an offence under this Act or the regulations, the Court
may, if it thinks it appropriate, do any one or more of the following:
(a) cancel the hotelier's licence, the certificate of registration of the
club or the gaming-related licence,
(b) impose a condition to which the hotelier's licence, certificate of
registration or gaming-related licence is to be subject or revoke
or vary a condition to which the hotelier's licence, certificate of
registration or gaming-related licence is subject,
(c) suspend the hotelier's licence or gaming-related licence for
such period, not exceeding 12 months, as the Court thinks fit,
(d) disqualify the licensee from holding a gaming-related licence
for such period as the Court thinks fit,
(e) reprimand the hotelier or licensee.
(2) In addition to, or as an alternative to, any penalty that the Licensing
Court may impose on a hotelier or registered club:
(a) in any proceedings in relation to a complaint under Part 8, or
(b) in any proceedings in which it finds the hotelier or club guilty
of an offence under this Act or the regulations,
the Court may suspend or cancel the hotelier's or club's authorisation
under Part 5 to keep approved gaming machines.
199 Remedial orders
(1) The Licensing Court may, in addition to or as an alternative to any
penalty that it imposes in any proceedings in relation to a complaint
under Part 8 or in which it finds any person guilty of an offence under
this Act or the regulations, being an offence that is prescribed by the
regulations for the purposes of this section, make an order requiring:
(a) the hotelier concerned, or the manager of the hotel or any other
person involved in the conduct of gambling activities in the
hotel concerned, or
(b) the secretary of the registered club concerned, or a director or
employee of the club,
to undertake any specified course of training that the Court considers
will promote responsible practices in relation to the keeping and
operation of approved gaming machines in the hotel or club.
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Clause 199 Gaming Machines Bill 2001
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(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.
200 Offences by corporate hoteliers
(1) If a hotelier that is a corporation contravenes (whether by act or
omission) any provision of this Act or the regulations, each person
who occupies a position of authority in the corporation is taken to have
contravened the provision if the person knowingly authorised or
permitted the contravention.
(2) If a hotelier that is a corporation is taken to have contravened (whether
by act or omission) a provision of this Act or the regulations by reason
of a contravention by the manager of the hotel, each person who
occupies a position of authority in the corporation is taken to have
contravened the provision unless the person establishes that the person:
(a) was not knowingly a party to any authorisation by the
corporation of the contravention by the manager, and
(b) took all reasonable steps (within the scope of his or her
authority) to ensure that the corporation maintained control over
and supervision of the activities of the manager in an effort to
prevent any such contravention by the manager occurring.
(3) A person may be proceeded against and convicted under a provision
in accordance with this section whether or not the corporation or
manager of the hotel has been proceeded against or convicted.
(4) This section does not affect any liability imposed on a corporation or
the manager of a hotel for an offence committed by the corporation or
manager under this Act or the regulations.
201 Liability of secretary of club and members of governing body
(1) If a registered club contravenes a provision of this Act or the
regulations, the secretary and members of the governing body of the
club are, whether or not the club is convicted for the contravention,
each taken to have contravened the provision unless it is proved that:
(a) the contravention occurred without the knowledge of the person
charged, or
(b) the person charged was not in a position to influence the affairs
of the club in relation to the contravention, or
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General provisions Division 2
(c) the person charged, being in such position, used all due
diligence to prevent the contravention.
(2) Nothing in this section affects any liability imposed on a club for a
contravention of a provision of this Act or the regulations.
202 Liability of management and directors of corporate holder of a
gaming-related licence
(1) If the a holder of a gaming-related licence that is a corporation
contravenes a provision of this Act or the regulations, each person who
is a director of the corporation or who is concerned in the management
of the corporation is, whether or not the corporation has been
convicted for the contravention, taken to have contravened the
provision unless the person satisfies the Court that:
(a) the corporation contravened the provision without the
knowledge of the person, or
(b) the person was not in a position to influence the conduct of the
corporation in relation to its contravention of the provision, or
(c) the person, being in such a position, used all due diligence to
prevent the contravention by the corporation.
(2) This section does not affect any liability imposed on a corporation for
a contravention of this Act or the regulations.
203 Penalty notices
(1) An authorised officer may serve a penalty notice on a person
(including a hotelier or registered club) if it appears to the officer that
the person has committed an offence under this Act or the regulations
and the offence is one that is stated by the regulations to be an offence
to which this section applies.
(2) A penalty notice is a notice to the effect that, if the person served does
not wish to have the matter determined by a court, the person may pay
within a time and to a person specified in the notice the amount of
penalty prescribed by the regulations for the offence if dealt with under
this section.
(3) A penalty notice may be served personally or by post.
(4) If the amount of penalty prescribed for the purposes of this section for
an alleged offence is paid under this section, no person is liable to any
further proceedings for the alleged offence, except proceedings under
Part 8.
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Clause 203 Gaming Machines Bill 2001
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(5) Payment under this section is not to be regarded as an admission of
liability for the purpose of, nor in any way affect or prejudice, any civil
proceeding arising out of the same occurrence.
(6) However, when a penalty is paid under this section in respect of a
penalty notice served on a person, the person is for the purposes of
Part 8 taken to have been convicted of the offence to which the penalty
notice related.
(7) The regulations may:
(a) prescribe an offence for the purposes of this section by
specifying the offence or by referring to the provision creating
the offence, and
(b) prescribe the amount of penalty payable for the offence if dealt
with under this section, and
(c) prescribe different amounts of penalties for different offences
or classes of offences.
(8) The amount of a penalty prescribed under this section for an offence
must not exceed the maximum amount of penalty which could be
imposed for the offence by a court.
(9) This section does not limit the operation of any other provision of, or
made under, this or any other Act relating to proceedings that may be
taken in respect of offences.
(10) In this section:
authorised officer means a police officer, the Director or a special
inspector.
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Part 15 Miscellaneous provisions
204 Crown not liable for any compensation
(1) Damages or compensation are not payable by or on behalf of the
Crown because of:
(a) the enactment or operation of this Act, or for the consequences
of that enactment or operation, or
(b) a representation or conduct of any kind about any restrictions
or limitations on the keeping and operation of approved gaming
machines in hotels and registered clubs.
(2) In subsection (1), the Crown means the Crown within the meaning of
the Crown Proceedings Act 1988, and includes the Board or any
officer, employee or agent of the Crown or the Board.
205 Directions by Minister and additional functions of Board
(1) The Minister may, after consultation with the Board, give directions
and furnish guidelines to the Board as to how the Board is to exercise
its functions in relation to the following:
(a) approving the keeping of hardship gaming machines under
Division 3 of Part 3,
(b) approving social impact assessments under Division 1 of Part 4,
(c) approving technical standards under section 62,
(d) declaring devices as approved gaming machines under
Division 2 of Part 5.
(2) Any such direction or guideline may be given or furnished only if the
Minister is of the opinion that the direction or guideline:
(a) is necessary or desirable to protect the integrity of gaming in
hotels and registered clubs, or
(b) is otherwise in the public interest.
(3) A direction is not to be given under this section in relation to a
particular application or matter being determined by the Board.
(4) In exercising any of its functions as referred to in subsection (1), the
Board is subject to the directions and guidelines given or furnished by
the Minister under this section.
(5) Directions and guidelines under this section must be in writing.
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Clause 205 Gaming Machines Bill 2001
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(6) In addition to the functions conferred on it by this Act, the Board:
(a) is to keep under constant review the operation of this Act and
make such recommendations to the Minister in relation to the
operation of this Act as it thinks fit, and
(b) is, if directed by the Minister so to do, to inquire into, and make
a report and recommendations to the Minister on, any matter
connected with the administration of this Act (including the
keeping and operation of approved gaming machines in hotels
and registered clubs), and
(c) may receive submissions or reports from any person with
respect to the operation of this Act (including the manufacture,
assembly, supply, sale, acquisition, servicing, disposal, keeping
or operation of approved gaming machines).
206 Secrecy
(1) A person who:
(a) acquires information in the exercise of a function of an office
held by the person in the course of administering this Act, and
(b) directly or indirectly makes a record of the information or
discloses it to another person,
is guilty of an offence under this Act unless the information is recorded
or disclosed in the exercise of the functions of the office or in the
course of administering this Act as a holder of that or any other office.
Maximum penalty: 50 penalty units.
(2) Despite subsection (1), information may be disclosed:
(a) to a particular person or persons, if the Board certifies that it is
necessary in the public interest that the information be disclosed
to the person or persons, or
(b) to a person who is expressly or impliedly authorised to obtain
it by the person to whom the information relates, or
(c) to a person or authority prescribed by the regulations, or
(d) to the Minister, or to a person who is engaged in the
administration of this Act and is authorised in writing by the
Minister to receive information under this section.
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(3) It is not an offence under this section if, in legal proceedings, a person:
(a) discloses information in answer to a question that the person is
compellable to answer, or
(b) produces a document or other thing that the person is
compellable to produce.
(4) An authority or person to which or to whom information is disclosed
under this section, and a person or employee under the control of that
authority or person, are, in respect of that information, subject to the
same rights, privileges and duties under this section as the authority or
person would be if that authority, person or employee were a person
administering this Act and had acquired the information in the course
of administering this Act.
(5) This section does not apply to the disclosing of information to, or to
the production of any document or other thing to, any of the following:
(a) the Independent Commission Against Corruption,
(b) the National Crime Authority,
(c) the New South Wales Crime Commission,
(d) the Ombudsman,
(e) any other person or body prescribed by the regulations for the
purposes of this section.
(6) This section does not prevent a person being given access to a
document in accordance with the Freedom of Information Act 1989.
(7) In this section, a reference to the production of a document or other
thing includes a reference to provision of access to the document or
other thing.
207 Protection from personal liability
Anything done or omitted to be done by a person who is:
(a) a member of the Board, or
(b) a special inspector or a member of the Police Service, or
(c) an officer or temporary employee appointed or employed under
the Public Sector Management Act 1988, or
(d) an employee of the CMS licensee,
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Clause 207 Gaming Machines Bill 2001
Part 15 Miscellaneous provisions
in exercising the functions conferred or imposed on the person by or
under this Act or in the course of the administration of this Act does
not, if it was done or omitted to be done in good faith, subject the
person personally to any action, liability, claim or demand.
208 Delegations
(1) An office holder may delegate to a person any function conferred or
imposed on the office holder by or under this Act, other than this
power of delegation.
(2) A person to whom a function has been delegated by the Minister or the
Commissioner of Police may delegate the function to another person,
subject to any conditions to which the delegation by the Minister or the
Commissioner is subject.
(3) In this section:
office holder means the Minister, the Commissioner of Police, the
Director or the Director-General.
209 Relationship with Environmental Planning and Assessment Act 1979
(1) An environmental planning instrument (whether made before or after
the commencement of this section) under the Environmental Planning
and Assessment Act 1979 cannot prohibit or require development
consent for, or otherwise regulate or restrict, the installation, keeping
or operation of approved gaming machines in hotels, registered clubs
or any other premises.
(2) If an environmental planning instrument contains any provision in
contravention of subsection (1), the provision is taken to have no
effect.
(3) A consent authority (within the meaning of the Environmental
Planning and Assessment Act 1979) cannot:
(a) as a condition of any development consent under that Act,
prohibit or otherwise regulate or restrict the installation, keeping
or operation of approved gaming machines in a hotel, registered
club or any other premises, or
(b) refuse to grant any such development consent to a hotel or
registered club for any reason that relates to the installation,
keeping or operation of approved gaming machines in a hotel
or registered club.
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(4) The installation, keeping or operation of an approved gaming machine
in a hotel or registered club is not an activity for the purposes of Part
5 of the Environmental Planning and Assessment Act 1979.
(5) Any approval or authorisation under this Act to keep an approved
gaming machine in a hotel or registered club is not an approval for the
purposes of Part 5 of the Environmental Planning and Assessment
Act 1979.
210 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for
or with respect to any matter that by this Act is required or permitted
to be prescribed or that is necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
(2) In particular, regulations may be made for or with respect to the
following:
(a) the manufacture and assembly of, and the design and
construction of, approved gaming machines,
(b) the supply, offering to supply, sale, acquisition, ownership,
possession, keeping, use, operation, transport, control,
management, servicing, repair, maintenance and disposal of
approved gaming machines,
(c) the means of identification, and the appearance, of approved
gaming machines,
(d) the terms and conditions of acquisition, ownership and disposal
of approved gaming machines,
(e) the types of approved gaming machines which may, or may not,
be kept in hotels and registered clubs,
(f) the installation and location of approved gaming machines in
hotels and registered clubs,
(g) the offering and provision of prizes and bonuses relating to the
use of approved gaming machines and the calculation and
determination of the prizes and bonuses,
(h) the keeping of records in relation to the keeping of approved
gaming machines, the form in which the records are to be kept,
the transfer of the records, the inspection of the records and the
obtaining of copies of the records,
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(i) the furnishing of returns, including periodic returns, in relation
to approved gaming machines,
(j) tampering or interfering with approved gaming machines,
(k) the examination and inspection of approved gaming machines,
(l) the sealing of an approved gaming machine to prevent it from
being operated without breaking the seal,
(m) the withdrawal of an approved gaming machine from operation
until a defect in the gaming machine is rectified,
(n) the removal of approved gaming machines from hotels and
registered clubs and the disposal of approved gaming machines
by sale or otherwise,
(o) the rebuilding or reconstruction of approved gaming machines
and the distribution of used or second-hand approved gaming
machines,
(p) information to be provided on or in relation to approved
gaming machines and the display of signs on or in relation to
approved gaming machines,
(q) security procedures for the manufacture, assembly, storage,
handling, transport, consignment and receipt of approved
gaming machines,
(r) intra-hotel and intra-club linked progressive gaming systems,
(s) the keeping and operation of electronic payment gaming
machines in hotels and registered clubs,
(t) the signs to be displayed in registered clubs in relation to
gaming machine areas,
(u) any other matter that relates to the keeping or operation of
approved gaming machines in hotels and registered clubs,
(v) any matter relating to the operation of an authorised CMS,
(w) any matter relating to CMS licences, links licences and
investment licences,
(x) any matter relating to proceedings in or before the Licensing
Court under this Act.
(3) The regulations may create offences punishable by a penalty not
exceeding 100 penalty units.
(4) The regulations may exempt specified persons or classes of persons
from any provision of this Act or the regulations.
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(5) A regulation may apply, adopt or incorporate any publication as in
force from time to time.
211 Savings, transitional and other provisions
Schedule 1 has effect.
212 Amendment of Liquor Act 1982 No 147
The Liquor Act 1982 is amended as set out in Schedule 2.
213 Amendment of Registered Clubs Act 1976 No 31
The Registered Clubs Act 1976 is amended as set out in Schedule 3.
214 Amendment of Casino Control Act 1992 No 15
The Casino Control Act 1992 is amended as set out in Schedule 4.
215 Amendment of other Acts
Each Act specified in Schedule 5 is amended as set out in that
Schedule.
216 Review of Act
(1) The Minister is to review this Act to determine whether the policy
objectives of the Act remain valid and whether the terms of the Act
remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of
5 years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House of
Parliament within 12 months after the end of the period of 5 years.
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Schedule 1 Savings, transitional and other provisions
(Section 211)
Part 1 Preliminary
1 Regulations
(1) The regulations may contain provisions of a savings or transitional
nature consequent on the enactment of the following Acts:
this Act
(2) Any such provision may, if the regulations so provide, take effect from
the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that
is earlier than the date of its publication in the Gazette, the provision
does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the
State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted to
be done before the date of its publication.
Part 2 Provisions consequent on enactment of this Act
2 Preservation of existing gaming machine approvals and authorisations
(1) In this clause:
existing gaming machine approval or authorisation means any
approval or authorisation in respect of a poker machine or approved
amusement device:
(a) granted under a provision of the Liquor Act 1982 or the
Registered Clubs Act 1976 repealed by this Act, and
(b) in force immediately before the repeal of the provision.
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(2) An existing gaming machine approval or authorisation is, subject to
this Act and the regulations, taken to be an approval or authorisation
in force under this Act.
(3) The conditions to which an existing gaming machine approval or
authorisation is subject are, subject to the regulations, taken to be
conditions imposed by or under this Act and may be revoked or varied
in accordance with this Act.
3 Saving of existing gaming-related licences and work permits
(1) In this clause:
existing gaming-related licence means a gaming-related licence:
(a) granted under a provision of the Liquor Act 1982 or the
Registered Clubs Act 1976 before the repeal of the provision by
this Act, and
(b) in force immediately before the repeal of the provision.
(2) An existing gaming-related licence is, subject to the regulations, taken
to be a gaming-related licence of the corresponding kind (as
determined by the Board) in force under this Act.
(3) A work permit issued under section 178 of the Liquor Act 1982 or
section 90A of the Registered Clubs Act 1976 and in force
immediately before the commencement of this clause is, subject to the
regulations, taken to be a work permit of the corresponding kind (as
determined by the Board) in force under this Act.
(4) Subject to the regulations, any application made under the Liquor
Act 1982 or the Registered Clubs Act 1976 for a gaming-related
licence before the commencement of this clause is, if the application
was not finally determined before that commencement, taken to have
been made under this Act and may be dealt with in accordance with
this Act.
4 Saving of existing TAB exclusive licences
(1) A licence in force under Division 4 of Part 11 of the Liquor Act 1982
and in force immediately before the repeal of that Division by this Act
is taken to be a CMS licence in force under this Act.
(2) A licence in force under Part 12 of the Liquor Act 1982 and in force
immediately before the repeal of that Part by this Act is taken to be a
links licence in force under this Act.
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(3) An investment licence in force under Part 13 of the Liquor Act 1982
and in force immediately before the repeal of that Part by this Act is
taken to be an investment licence in force under this Act.
5 Saving of Liquor Act poker machine permits
(1) The repeal of section 182C of the Liquor Act 1982 by this Act does
not affect the operation of a Liquor Act poker machine permit and
such a permit may be transferred, or otherwise dealt with, in
accordance with the arrangements approved under that section as if it
has not been repealed.
(2) A Liquor Act poker machine permit may continue to be held in
relation to an approved poker machine even though the number of
approved poker machines kept by the hotelier concerned falls below
15.
6 Replacement gaming machines in registered clubs affected by existing
club freeze
(1) This clause applies in relation to a registered club if:
(a) the club, immediately before 28 March 2000, applied under the
Registered Clubs Act 1976 to the Board for authorisation under
that Act to replace a poker machine with another poker
machine (the replacement machine), and
(b) the application to keep the replacement machine was not
granted by 28 March 2000 and, because of the enactment of
Part 10B of the Registered Clubs Act 1976 (the club freeze),
was not able to be granted after that date.
(2) The Board may, if satisfied that the effect of the club freeze prevented
the processing of any such application for a replacement machine,
authorise the registered club to keep the replacement machine provided
the authorisation to keep the machine it replaces is cancelled.
(3) This clause has effect despite any other provision of this Act.
7 Revocation of certain "hardship" grants in relation to clubs
(1) In this clause:
relevant hardship application means an application to keep additional
gaming machines in a registered club, being an application under the
Registered Clubs Act 1976 that:
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(a) was made before 26 July 2001, and
(b) was dealt with in accordance with section 88AF of that Act (as
in force before its repeal by this Act).
(2) If a relevant hardship application was initially refused by the Board
before 26 July 2001 but was subsequently granted by the Board after
that date, the granting of the relevant hardship application is, by the
operation of this clause, revoked and is taken to have had no effect
unless the Director-General determines, by notice in writing to the
Board and the registered club concerned, that the granting of the
relevant hardship application continues to have effect.
8 Protection of existing contractual arrangements (hotel lessees)
(1) In this clause:
hotel owner means a person who owns the business conducted under
the authority of the hotelier's licence concerned.
lessee means a person who exercises the authority conferred by a
hotelier's licence under a lease, as in force at the commencement of
this clause, with the hotel owner.
(2) If:
(a) poker machine entitlements are allocated in respect of a
hotelier's licence, and
(b) a lessee is exercising the authority conferred by the licence,
the poker machine entitlements are, for the purposes of this Act, taken
to be allocated in respect of the lessee and the lessee is, for the
duration of the lease, authorised (subject to this Act) to keep approved
gaming machines in accordance with any such poker machine
entitlements.
(3) If the lessee assigns the lease to another person in accordance with the
terms of the lease, the lessee may, in accordance with this Act, transfer
any poker machine entitlements held by the lessee to the other person
as part of the assignment.
(4) For the purposes of subclause (2), the duration of the contractual
arrangements includes any extension of those arrangements that is
legally enforceable (such as an option for renewal).
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9 Updating of certain references
Subject to the regulations, in any Act (other than this Act) or in any
instrument made under an Act or in any other document:
(a) a reference to:
(i) an approved amusement device within the meaning of
the Liquor Act 1982, or
(ii) a poker machine, or an approved or authorised poker
machine, within the meaning of the Registered Clubs
Act 1976,
is taken to be a reference to an approved gaming machine
within the meaning of this Act, and
(b) a reference to a poker machine area within the meaning of the
Registered Clubs Act 1976 is taken to be a reference to a
gaming machine area within the meaning of this Act.
10 General saving
Anything done under a provision of the Liquor Act 1982 or the
Registered Clubs Act 1976 (being a provision repealed by this Act)
that had any force or effect immediately before its repeal is, to the
extent that it could have been done under the corresponding provision
of this Act, taken to have been done under this Act, subject to any
express or implied provision to the contrary in this Act or the
regulations made under this Act.
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Gaming Machines Bill 2001
Amendment of Liquor Act 1982 Schedule 2
Schedule 2 Amendment of Liquor Act 1982
(Section 212)
[1] Section 2B Gambling harm minimisation and responsible conduct of
gambling activities are primary objects of the Act
Omit the section.
[2] Section 4 Definitions
Omit the following definitions from section 4 (1):
amusement device dealers's licence
amusement device seller's licence
amusement device technician's licence
approved amusement device
approved gaming device
approved poker machine
authorised poker machine
authorised CMS
centralised cash control equipment
centralised monitoring system (CMS)
CMS licensee
connected
gaming-related licence
poker machine
subsidiary equipment
TAB
[3] Section 4 (1)
Insert in alphabetical order:
approved gaming machine has the same meaning as in the
Gaming Machines Act 2001.
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Schedule 2 Amendment of Liquor Act 1982
[4] Section 4 (1), definition of "licensed premises"
Omit "licence, or" from paragraph (b) of the definition.
Insert instead "licence.".
[5] Section 4 (1), paragraph (c) of definition of "licensed premises"
Omit the paragraph.
[6] Section 4 (8)
Insert "or 5" after "Schedule 4".
[7] Section 11 Sittings of the court
Insert after section 11 (4):
(5) A reference in subsection (4) to a licence includes a reference
to a gaming-related licence within the meaning of the Gaming
Machines Act 2001.
[8] Section 12 Procedure before Licensing Court
Insert ", section 197 of the Gaming Machines Act 2001" after "this Act" in
section 12 (2).
[9] Section 17B Remedial orders
Omit the section.
[10] Section 20 Conditions of licences
Omit "or section 125D (Responsible conduct of gambling activities)" from
section 20 (2) (a1).
[11] Section 20 (2) (c1)
Omit the paragraph.
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Amendment of Liquor Act 1982 Schedule 2
[12] Section 20 (4A)
Omit "approved amusement device in accordance with this Act and the
other conditions to which the licence is subject".
Insert instead "approved gaming machine in accordance with the Gaming
Machines Act 2001".
[13] Section 21AA Statutory condition of every hotelier's licence
Omit the section.
[14] Section 23AD Restaurant and nightclub licences--dine-or-drink
authority
Insert "such as pinball machines" after "amusement devices" in section
23AD (6) (d).
[15] Sections 24 (4), 45 (6), 101 (1) (d), (8) (a) and (9) and 111C (2) (a)
Omit "approved gaming devices" and "approved gaming device" wherever
occurring.
Insert instead "approved gaming machines" and "approved gaming
machine" respectively.
[16] Section 36 Restrictions on liquor licence applications
Omit section 36 (1).
[17] Section 36A Restrictions on applications for gaming-related licences
Omit the section.
[18] Section 41 Application for transfer of licence
Omit "a gaming-related licence or" from section 41 (1).
[19] Section 45 Grounds of objection
Omit section 45 (2AA), (4) (c1) and (c2), (5) and (7).
[20] Section 45 (4)
Omit ", (2AA)".
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Schedule 2 Amendment of Liquor Act 1982
[21] Section 49A Grant of hotelier's licence--operations involving approved
gaming devices
Omit the section.
[22] Section 56 Fee for grant of licence
Omit section 56 (1) (n).
[23] Section 57 Removal of hotelier's licence or off-licence (retail)
Omit section 57 (1A) (c) and (d).
[24] Section 68 Grounds for complaint
Omit section 68 (1) (l).
[25] Section 69A Application of Division
Omit section 69A (1).
[26] Section 77 Annual report of Board
Insert "and the Gaming Machines Act 2001" after "this Act" in section
77 (1) (a).
[27] Part 5 Late payment of AAD licences fees
Omit the Part.
[28] Section 90 Boundaries of licensed premises
Omit section 90 (4). Insert instead:
(4) The Board must not define or redefine the boundaries of
licensed premises or proposed licensed premises in relation to
a hotelier's licence unless it is of the opinion that the primary
purpose test (within the meaning of the Gaming Machines
Act 2001) in respect of the hotel is complied with.
[29] Section 91A Restrictions on use of "casino" etc to advertise licensed
premises
Omit the section.
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Gaming Machines Bill 2001
Amendment of Liquor Act 1982 Schedule 2
[30] Section 92 Gaming-related advertising
Omit the section.
[31] Section 101 Control of licensed premises
Omit "Subsection (3) does not apply to or in respect of a licence held by a
body corporate unless the licence is a gaming-related licence." from
section 101 (7).
[32] Section 101A Directions as to character of licensed premises
Omit the section.
[33] Section 110 Powers of entry, inspection and seizure
Omit "documents, or" from section 110 (3) (c).
Insert instead "documents.".
[34] Section 110 (3) (d)
Omit the paragraph.
[35] Section 117C Licensees liable for use of approved amusement device
by minor
Omit the section.
[36] Section 117D Use of approved amusement device by minor prohibited
Omit the section.
[37] Section 117EB Manufacturing false proof of age cards
Insert ", the Gaming Machines Act 2001" after "this Act" wherever
occurring in section 117EB (1) and (2).
[38] Section 117EC Giving or lending proof of age cards
Insert "the Gaming Machines Act 2001" after "this Act," in section
117EC (a).
Page 159
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Schedule 2 Amendment of Liquor Act 1982
[39] Section 117EC (b)
Insert ", the Gaming Machines Act 2001" after "this Act" in section
117EC (b).
[40] Section 125D Responsible conduct of gambling activities
Omit the section.
[41] Section 125F Industry codes of practice
Omit the section.
[42] Section 126 Gaming on licensed premises
Omit section 126 (4). Insert instead:
(4) Nothing in this section affects section 7 of the Gaming
Machines Act 2001.
[43] Section 140 Averments
Omit section 140 (1) (d3)(d5) and (d13).
[44] Section 145 Proceedings for offences
Omit the Table to the section. Insert instead:
Table (Offences to which 3 year time limit applies)
An offence under section 37, 69B, 69E, 101, 105A, 105B, 121,
122, 123, 124, 125B, 136, 139 or 155A of this Act.
[45] Section 150A
Omit the section. Insert instead:
150A Protection from personal liability
Anything done or omitted to be done by a person who is:
(a) a member of the Board, or
(b) a special inspector or a member of the Police Service, or
Page 160
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Amendment of Liquor Act 1982 Schedule 2
(c) an officer or temporary employee appointed or
employed under the Public Sector Management Act
1988,
in exercising the functions conferred or imposed on the person
by or under this Act or in the course of the administration of
this Act does not, if it was done or omitted to be done in good
faith, subject the person personally to any action, liability, claim
or demand.
[46] Section 150B Liability with respect to self-exclusion schemes
Omit the section.
[47] Section 152A Confiscation of proof of age cards
Insert ", the Gaming Machines Act 2001" after "this Act" wherever
occurring in section 152A (1) (c), (4) (c) and (5) (b).
[48] Section 154B Notification of change of employer
Omit the section.
[49] Section 155B Transfer of Board's functions under this Act relating to
approved gaming devices
Omit the section.
[50] Section 155C Control of information obtained by CMS licensee
Omit the section.
[51] Section 156 Regulations
Omit section 156 (1A).
[52] Part 11 Approved gaming devices
Omit the Part.
[53] Part 12 Inter-hotel linked gaming systems
Omit the Part.
Page 161
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Schedule 2 Amendment of Liquor Act 1982
[54] Part 13 Investment licences
Omit the Part.
[55] Schedule 1 Savings and transitional provisions
Insert at the end of clause 1 (1):
Gaming Machines Act 2001, to the extent that it amends this
Act
Page 162
Gaming Machines Bill 2001
Amendment of Registered Clubs Act 1976 Schedule 3
Schedule 3 Amendment of Registered Clubs Act 1976
(Section 213)
[1] Section 3A Gambling harm minimisation and responsible conduct of
gambling activities are primary objects of the Act
Omit the section.
[2] Section 4 Definitions
Omit the following definitions from section 4 (1):
adviser's licence
approved amusement device
approved gaming device
approved poker machine
authorised centralised monitoring system
authorised poker machine
centralised cash control equipment
CMS licensee
connected
dealer's licence
established poker machine
gaming-related licence
linkage equipment
linked system
multi-terminal gaming machine
poker machine
seller's licence
subsidiary equipment
technician's licence
testing facility licence
Page 163
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Schedule 3 Amendment of Registered Clubs Act 1976
[3] Section 4 (1)
Insert in alphabetical order:
approved gaming machine has the same meaning as in the
Gaming Machines Act 2001.
hotel has the same meaning as in the Liquor Act 1982.
[4] Section 4A Meaning of "close associate"
Omit clause 4A (2).
[5] Section 9A Conditions relating to certificate of registration
Omit "or 44C (Responsible conduct of gambling activities)" from section
9A (1A).
[6] Section 9A (1AA)
Insert after section 9A (1A):
(1AA) It is a condition of the certificate of registration of a club that
the club must not:
(a) hold a hotelier's licence under the Liquor Act 1982, or
(b) acquire any financial interest in respect of a hotel.
[7] Section 9A (3), (3B), (5) and (5B)
Omit the subsections.
[8] Section 9A (4)
Omit "(3) or".
[9] Section 9A (5A)
Omit "a poker machine in accordance with this Act and the other conditions
to which the registration of the club is subject".
Insert instead "an approved gaming machine in accordance with the Gaming
Machines Act 2001".
Page 164
Gaming Machines Bill 2001
Amendment of Registered Clubs Act 1976 Schedule 3
[10] Section 10 Requirements to be met by clubs
Omit section 10 (1) (k). Insert instead:
(k) The secretary or manager, or any employee, or a
member of the governing body or of any committee, of
the club is not entitled to receive, either directly or
indirectly, any payment calculated by reference to:
(i) the quantity of liquor purchased, supplied, sold
or disposed of by the club or the receipts of the
club for any liquor supplied or disposed of by
the club, or
(ii) the keeping or operation of approved gaming
machines in the club.
[11] Section 10 (1) (m)
Insert after section 10 (1) (l):
(m) The club is to include the following information in its
annual report to its members:
(i) the total value of the remuneration packages
(comprising salary, allowances and other
benefits) of over $100,000 per year paid or
payable to the 5 highest paid employees of the
club (as reported alongside each successive
$10,000 band of income over $100,000),
(ii) any financial interest acquired by a relevant
person (within the meaning of section 39A) in
respect of a hotel that the person has declared
under that section,
(iii) details (including the main purpose) of any
overseas travel by a director or employee of the
club, or by the secretary or manager of the club,
in the person's capacity as a director or
employee or as the secretary or manager,
including the costs wholly or partly met by the
club for the director, employee, secretary or
manager and any other person connected with
any such travel,
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Schedule 3 Amendment of Registered Clubs Act 1976
(iv) the total amount of the profits (within the
meaning of the Gaming Machine Tax Act 2001)
during the year from the operation of approved
gaming machines in the club,
(v) the amount applied by the club to community
development and support under Part 4 of the
Gaming Machine Tax Act 2001.
[12] Section 10 (6) (c)
Omit "current dealer's licence, seller's licence or adviser's licence".
Insert instead "dealer's licence, seller's licence or adviser's licence (within
the meaning of the Gaming Machines Act 2001)".
[13] Sections 10 (6) (c), 25 (7) (a), 30 (2) (h), 43A (1) (b) and 54 (2) (Gaming
machines not permitted in certain areas)
Omit "a poker machine" and "poker machines" wherever occurring.
Insert instead "an approved gaming machine" and "approved gaming
machines" respectively.
[14] Section 17 Determination of complaints against registered clubs
Omit section 17 (1AA) (a) (xvii).
[15] Part 2, Division 1A
Insert after Division 1 of Part 2:
Division 1A Provisions relating to club amalgamations
17AB Operation of this Division
The provisions of this Division are to be construed with, and as
if they formed part of, section 17A.
17AC Definitions
(1) In this Division:
dissolved club, in relation to the amalgamation or proposed
amalgamation of 2 or more registered clubs, means any club
that, as a result of the amalgamation, is or would be dissolved.
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main premises of a parent club means the premises that are, in
the opinion of the Board, the main premises of the club.
metropolitan area means any of the following areas as
determined by the Australian Bureau of Statistics:
(a) the Sydney Statistical Division,
(b) the Statistical Local Areas of Newcastle (Statistical
Local Areas 5901 and 5902),
(c) the Statistical Local Area of Lake Macquarie (Statistical
Local Area 4650),
(d) the Statistical Local Area of Wollongong (Statistical
Local Area 8450).
parent club, in relation to the amalgamation or proposed
amalgamation of 2 or more registered clubs, means the club
that, as the result of the amalgamation, is or would become the
amalgamated club.
same area, in relation to the amalgamation or proposed
amalgamation of 2 or more registered clubs, means:
(a) if the main premises of the parent club are situated in a
metropolitan area--the area within 1 kilometre of the
main premises of the parent club, or
(b) if the main premises of the parent club are not situated
in a metropolitan area--the area within 50 kilometres of
the main premises of the parent club.
(2) Before the Licensing Court approves the amalgamation of 2 or
more registered clubs, the parent club must, under its rules,
establish the members of the dissolved club as a separate class
of members. Such members are to be identified by the parent
club as, and are referred to this Division as, the members of
the dissolved club.
17AD Deed of amalgamation
(1) The Licensing Court may not approve the amalgamation of 2
or more registered clubs unless the Court is satisfied that the
clubs have entered into a deed of amalgamation with respect to
the proposed amalgamation.
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(2) Subject to the regulations, the following matters are to be
included in a deed of amalgamation:
(a) the outcome that each club expects from the
amalgamation,
(b) the terms and conditions of the amalgamation,
(c) the kind of amalgamation to be effected as referred to in
section 17A (1),
(d) the manner in which the identity of the dissolved club
is to be continued by the parent club,
(e) the manner in which support for the local community
provided by the dissolved club is to be maintained by
the parent club,
(f) a list of the major assets of the dissolved club,
(g) the assigning of responsibility for the debts and
liabilities of the dissolved club,
(h) the terms under which the administration of the business
of the dissolved club is to be transferred to the parent
club, including the transferring of the assets and records
of the dissolved club (or any other information or
material that is reasonably required by the parent club
for the administration of the business),
(i) the number of premises to be maintained by the parent
club,
(j) the extent to which the management and staff of the
dissolved club are to be retained by the parent club,
(k) the management structure of the parent club,
(l) the number of members, and the classes of membership,
of the dissolved club and of the parent club,
(m) the admission to membership of the parent club of the
members of the dissolved club,
(n) the payment of any costs arising out of the execution of
the deed,
(o) the resolution of disputes arising under the deed,
(p) the variation and termination of the deed,
(q) such other matters as may be specified in the
regulations.
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(3) The Licensing Court may not approve the amalgamation of 2
or more registered clubs unless the Court is satisfied that a copy
of the deed of amalgamation has been publicly exhibited at the
premises of each club that is a party to the proposed
amalgamation for at least 14 days before the date of the hearing
of the application under section 17A in relation to the
amalgamation.
17AE Club members to be notified of proposed amalgamation
(1) The Licensing Court may not approve the amalgamation of 2
or more registered clubs unless the Court is satisfied that the
requirements of this section have been complied with in
relation to the proposed amalgamation.
(2) A registered club that is a party to a proposed amalgamation
must, in accordance with the regulations, notify its members of
the proposed amalgamation.
(3) Subject to the regulations, the notice to the members is to
contain the following information:
(a) a summary of the way in which the proposed
amalgamation is likely to be effected,
(b) whether the amalgamation is supported by the directors
of both the parent club and the dissolved club and, if
any directors do not support the amalgamation, a brief
statement of the reasons why it is not supported,
(c) the alternatives (if any) to amalgamation that have been
considered by the directors of the clubs involved,
(d) the primary objects and principal activities of the
dissolved club and the way in which those objects and
activities are to be maintained by the parent club,
(e) the major assets (including cash) of the dissolved club
and what is to happen to those assets if the
amalgamation proceeds (including any undertakings on
the part of the parent club in relation to those assets),
(f) any significant items of memorabilia that belong to the
dissolved club (as identified by the directors of the
dissolved club) and the uses that are proposed for such
items after the amalgamation,
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Schedule 3 Amendment of Registered Clubs Act 1976
(g) the number of members, and the classes of membership,
of the dissolved club and of the parent club,
(h) the steps that are proposed to be taken in relation to
admitting the members of the dissolved club as
members of the parent club,
(i) an estimate of the effect of the proposed amalgamation
on the parent club's budget, along with an analysis of its
projected cash flow and profitability in the current
financial year and for the 2 financial years following the
proposed amalgamation,
(j) such other information as may be required by the
regulations.
(4) The notice to the members must also contain the following:
(a) a statement indicating that the following information is
available on the notice board of each of the registered
clubs that is a party to the proposed amalgamation:
(i) a copy of the most recent published accounts of
each of those clubs,
(ii) a copy of the constitution or rules of each of
those clubs,
(b) a statement to the effect that a written objection to the
granting of an application in respect of the proposed
amalgamation may be taken in accordance with sections
25 (2) and 26,
(c) a statement to the effect that the form of the proposed
amalgamation is a matter to be agreed on by the
directors of the parent club and the dissolved club.
17AF General limit of 4 amalgamations per club
(1) A registered club (including a club that has already been
formed by, or continued as the result of, an amalgamation) may
amalgamate with a total of no more than 4 other registered
clubs over any period of time.
(2) However, the Licensing Court may, subject to this Division,
approve an amalgamation that would result in a registered club
amalgamating with a total of more than 4 clubs if the Court is
satisfied that a commitment to the amalgamation was made
before 26 July 2001.
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(3) Such a commitment is established if:
(a) an application under section 17A in relation to the
proposed amalgamation was made before 26 July 2001,
or
(b) the Licensing Court is satisfied that the members of the
clubs proposing to amalgamate had voted, before that
date, in support of the proposed amalgamation, or
(c) the Court is satisfied that there is documentary evidence,
made or prepared before that date, of an intention to
amalgamate (such as a memorandum of understanding
between the clubs proposing to amalgamate).
(4) In calculating the number of amalgamations in respect of a
registered club for the purposes of this section, any
amalgamation by the club with another registered club in the
same area is to be disregarded.
(5) For the purposes of this section, the number of amalgamations
in respect of a registered club over any period of time includes
any amalgamations involving the club that were effected before
the commencement of this Division.
17AG Clubs that have already amalgamated with more than 4 other
clubs
(1) In this section:
special category club means a registered club that has, before
the commencement of this Division, amalgamated with a total
of more than 4 other registered clubs.
(2) In calculating the number of amalgamations in respect of a
registered club for the purposes of this section, any
amalgamation by the club with another registered club in the
same area is to be disregarded.
(3) A special category club cannot, as from the commencement of
this Division, amalgamate with another registered club.
(4) However, the Licensing Court may, subject to this Division,
approve an amalgamation that would result in a special
category club amalgamating with another club if the Court is
satisfied that a commitment to the amalgamation was made
before 26 July 2001.
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(5) Such a commitment is established if:
(a) an application under section 17A in relation to the
proposed amalgamation was made before 26 July 2001,
or
(b) the Licensing Court is satisfied that the members of the
clubs proposing to amalgamate had voted, before that
date, in support of the proposed amalgamation, or
(c) the Court is satisfied that there is documentary evidence,
made or prepared before that date, of an intention to
amalgamate (such as a memorandum of understanding
between the clubs proposing to amalgamate).
17AH Clubs allowed to amalgamate if situated in same area only
(1) 2 or more registered clubs may amalgamate only if the clubs to
be amalgamated are situated in the same area.
(2) However, if in relation to a proposed amalgamation, the
Licensing Court is satisfied that the parent club:
(a) is not able to amalgamate with another club in the same
area, the Licensing Court may, subject to this Division,
allow the parent club to amalgamate with another club
that is not situated in the same area but which has
similar objects and activities as the parent club, or
(b) is not able to amalgamate with another club in the same
area, or with another club having similar objects and
activities as the parent club, the Licensing Court may,
subject to this Division, allow the parent club to
amalgamate with any other club.
17AI Major assets of dissolved club to be kept intact
(1) During the period of 3 years after the approval by the Licensing
Court of the amalgamation of 2 or more registered clubs, the
parent club must not dispose of any of the major assets of a
dissolved club unless the disposal has been approved by the
Board.
Maximum penalty: 100 penalty units.
Page 172
Gaming Machines Bill 2001
Amendment of Registered Clubs Act 1976 Schedule 3
(2) The Board may approve of the disposal of any of the major
assets of the dissolved club only if the Board is satisfied that:
(a) the disposal is necessary to ensure the financial viability
of the parent club, and
(b) a majority of the members of the dissolved club have
approved of the disposal.
(3) In this section:
major assets of a dissolved club means the assets identified in
a notice under section 17AE.
[16] Section 17A Amalgamation of registered clubs
Insert after section 17A (1):
(1A) This section is subject to Division 1A of this Part.
[17] Sections 22A (6) (d) and 23AA (2) (a)
Omit "devices" and "device" wherever occurring.
Insert instead "machines" and "machine" respectively.
[18] Section 25 Grounds of objection
Insert after section 25 (2) (f):
(g) Any of the requirements under Division 1A of this Part
have not been complied with in relation to the proposed
amalgamation.
[19] Section 30 Rules of registered clubs
Insert "within the meaning of the Gaming Machines Act 2001" after "poker
machines" in section 30 (13) (c).
[20] Section 31 Manner of keeping registers relating to members and guests
Insert after section 31 (2):
(3) A register referred to in this section must be retained by a
registered club for a period of at least 3 years after the date of
the last entry in the register.
Maximum penalty: 20 penalty units.
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Schedule 3 Amendment of Registered Clubs Act 1976
[21] Section 33 Approval of secretary of registered club
Omit section 33 (6). Insert instead:
(6) Sections 90 and 9395 of the Gaming Machines Act 2001
apply in relation to an application for appointment as secretary
of a registered club in the same way as those sections apply to
an application for a gaming-related licence under that Act.
[22] Section 33A
Insert after section 33:
33A Secretary or manager of club prohibited from holding hotelier's
licence
(1) The person who is the secretary or manager of a registered club
must not:
(a) hold a hotelier's licence under the Liquor Act 1982, or
(b) acquire any financial interest in respect of a hotel.
Maximum penalty: 100 penalty units.
(2) Subsection (1) does not apply to or in respect of a hotelier's
licence or a financial interest in a hotel granted to or acquired
by the person concerned before the commencement of this
section.
[23] Section 37A
Insert after section 37:
37A Lodgment of certain information
A registered club must, within 1 month after its annual general
meeting, lodge with the Board a copy of the information
referred to in section 10 (1) (m) that is required to be disclosed
in the club's annual report to its members.
Maximum penalty: 10 penalty units.
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Amendment of Registered Clubs Act 1976 Schedule 3
[24] Section 39A
Insert after section 39:
39A Requirement to declare financial interest in hotels
(1) In this section:
relevant person means any of the following:
(a) the secretary or manager of a registered club,
(b) any director of a registered club,
(c) the 5 highest paid employees of a registered club.
(2) If a relevant person acquired, before the commencement of this
section, a financial interest in respect of a hotel, the person
must declare that interest at the first meeting of the governing
body of the registered club after that commencement.
Maximum penalty: 20 penalty units.
(3) If, at any time after the commencement of this section, a
relevant person acquires a financial interest in respect of a
hotel, the person must declare that interest at the first meeting
of the governing body of the registered club that follows the
acquisition of the interest.
Maximum penalty: 20 penalty units.
[25] Section 42B Appeal to Licensing Court
Omit section 42B (3) (g).
[26] Section 43 Definitions
Omit the definition of poker machine area.
[27] Section 44C Responsible conduct of gambling activities
Omit the section.
[28] Section 44D Industry codes of practice
Omit the section.
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[29] Section 48A Restrictions on use of "casino" etc to advertise club
Omit the section.
[30] Section 50A Minors not permitted in poker machine areas
Omit the section.
[31] Section 50B Display of notices
Omit "and poker machine area" from section 50B (1).
[32] Section 50B (1)
Omit "or area".
[33] Section 51 Consumption of liquor by persons under 18 years
Omit section 51 (1) (d) and (e) and (3).
[34] Section 52AA Minors passing through bars
Omit ", 50A, 51 (1) (e)" from section 52AA (1).
[35] Section 52AA (1)
Omit "or poker machine area" wherever occurring.
[36] Section 54B Gaming on club premises prohibited
Insert after section 54B (3):
(4) Nothing in this section affects section 7 of the Gaming
Machines Act 2001.
[37] Section 59C Restrictions on key officials (gaming-related licences)
Omit the section.
[38] Section 59D Restrictions on former key officials (gaming-related
licences)
Omit the section.
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[39] Section 63 Evidentiary provisions
Omit section 63 (1A) (a)(c) and (e)(g).
[40] Section 65 Proceedings for offences arising under this Act
Omit the Table to the section. Insert instead:
Table (Offences to which a 3 year time limit applies)
An offence under section 17AAA, 23, 27A, 27B, 32, 34, 35,
36, 37, 39, 40, 43A, 45, 45A, 47, 49, 55, 59A, 59B or 72C of
this Act.
[41] Section 65A Additional penalties
Omit section 65A (2).
[42] Section 65B Remedial orders
Omit the section.
[43] Section 66 Penalty notices
Omit "or Division 6 of Part 11" from section 66 (4) and (6) wherever
occurring.
[44] Section 69
Insert after section 68:
69 Identification of special inspectors
(1) The Minister administering section 109 of the Liquor Act 1982
is to cause each special inspector to be issued with a means of
identification that is approved by the Minister and includes the
following information:
(a) that the identification is issued under this Act by the
Minister administering the Liquor Act 1982,
(b) the name of the special inspector,
(c) that the special inspector is authorised to exercise the
powers conferred on a special inspector by this Act.
Page 177
Gaming Machines Bill 2001
Schedule 3 Amendment of Registered Clubs Act 1976
(2) A special inspector is not authorised to exercise the functions
of a special inspector in relation to a registered club without
production of his or her means of identification for inspection:
(a) by the secretary or manager of the club, or
(b) in the absence of the secretary or manager, by the
person believed by the inspector to be the most senior
person on duty in the club,
unless to do so would defeat the purpose for which the
functions are to be exercised.
[45] Section 70A Functions of the Board
Omit "(including the keeping or operation of poker machines)" from section
70A (b).
[46] Section 70A (d)
Omit "(including the manufacture, assembly, supply, sale, acquisition,
servicing, disposal, keeping or operation of poker machines)".
[47] Section 73 Regulations
Omit section 73 (1A).
[48] Section 74
Insert after section 73A:
74 Protection from personal liability
Anything done or omitted to be done by a person who is:
(a) a member of the Board, or
(b) a special inspector or a member of the Police Service, or
(c) an officer or temporary employee appointed or
employed under the Public Sector Management Act
1988,
in exercising the functions conferred or imposed on the person
by or under this Act or in the course of the administration of
this Act does not, if it was done or omitted to be done in good
faith, subject the person personally to any action, liability, claim
or demand.
Page 178
Gaming Machines Bill 2001
Amendment of Registered Clubs Act 1976 Schedule 3
[49] Section 76AA
Insert after section 76:
76AA Certain clubs taken to be registered under this Act
Schedule 3 has effect.
[50] Part 10 Keeping of approved gaming devices
Omit the Part.
[51] Part 10A Approved amusement devices
Omit the Part.
[52] Part 10B Freeze on number of approved gaming devices kept by clubs
Omit the Part.
[53] Part 10C Social impact assessment of gaming devices
Omit the Part.
[54] Part 11 Manufacture, sale etc of poker machines
Omit the Part.
[55] Part 12 Inter-club linked gaming systems
Omit the Part.
[56] Schedule 2 Transitional provisions
Insert at the end of clause 1A (1):
Gaming Machines Act 2001, to the extent that it amends this
Act
Page 179
Gaming Machines Bill 2001
Schedule 3 Amendment of Registered Clubs Act 1976
[57] Schedule 2
Insert in appropriate order with appropriate Part and clause numbers:
Part Gaming Machines Act 2001
Prohibition on clubs acquiring financial interest in hotels
Section 9A (1AA), as inserted by Schedule 3 [6] to the Gaming
Machines Act 2001, does not apply to or in respect of a
hotelier's licence or financial interest in a hotel that was granted
to or acquired by a registered club before the commencement
of that subsection.
Operation of club amalgamation amendments
Division 1A of Part 2 (as inserted by Schedule 3 [15] to the
Gaming Machines Act 2001) extends to an application under
section 17A for the amalgamation of 2 or more registered clubs
that was made before the commencement of that Division.
Page 180
Gaming Machines Bill 2001
Amendment of Casino Control Act 1992 Schedule 4
Schedule 4 Amendment of Casino Control Act 1992
(Section 214)
[1] Section 70 Conduct of gaming
Insert "the regulations or" after "unless" in section 70 (1) (f).
[2] Section 70A
Insert after section 70:
70A Advertising in relation to gaming machines
(1) It is condition of a casino licence that the casino operator must
not publish any advertisement relating to gaming machines or
cause or permit any such advertisement to be published.
(2) The condition under subsection (1) does not apply in relation
to the casino licence until 6 months after this section
commences.
(3) It is a condition of a casino licence that the casino operator
must not, after the commencement of this section, enter into or
extend the duration of any contract or arrangement for the
publication of any advertisement relating to gaming machines.
Any such contract or arrangement entered into or extended
after the commencement of this section has no effect.
(4) Regardless of any other provision of this section, any contract
or arrangement for the publication of any advertisement relating
to gaming machines that was entered into before the
commencement of this section ceases to have effect 6 months
after that commencement.
(5) In this section:
advertisement relating to gaming machines means any
advertisement that gives publicity to, or otherwise promotes or
is intended to promote, the playing of gaming machines in the
casino, but does not include an advertisement that is exempted
from the operation of this section by the regulations.
gaming machine has the same meaning as in section 8 (5).
Page 181
Gaming Machines Bill 2001
Schedule 4 Amendment of Casino Control Act 1992
publish includes disseminate in any way, whether by oral,
visual, written or other means (for example dissemination by
means of cinema, video, radio, electronics, the Internet or
television or by means of promotional material, brochures or
flyers).
[3] Section 72A
Insert after section 72:
72A Provision of problem counselling services
(1) It is a condition of a casino licence that the casino operator is
to enter into arrangements for problem gambling counselling
services to be made available to the patrons of the casino.
(2) The regulations may make provision for or with respect to the
following:
(a) the classes of persons who are to provide the
counselling services,
(b) the nature of the arrangements to be made with such
persons,
(c) the nature of the counselling services that are to be
made available,
(d) the manner is which those services are to be provided.
[4] Section 76A
Insert after section 76:
76A Regulation of promotional prizes and player reward schemes
(1) In this section:
gaming machine has the same meaning as in section 8 (5).
player reward scheme means a system used in connection with
the operation of gaming machines in the casino and in which
the players of the gaming machines accumulate bonus or
reward points from playing the gaming machines.
Page 182
Gaming Machines Bill 2001
Amendment of Casino Control Act 1992 Schedule 4
promotional prize means any prize or reward (including bonus
points) offered by the casino operator to the patrons of the
casino in connection with a player reward scheme or any other
marketing or promotional activity that involves gaming
machines.
(2) It is a condition of a casino licence that the casino operator
must not:
(a) offer or present a promotional prize in the form of cash,
or
(b) offer or present a promotional prize that exceeds $1,000
in value, or
(c) permit a patron of the casino to exchange a promotional
prize for cash, or
(d) permit any bonus or reward points accumulated under
a player reward scheme to be redeemed for cash.
(3) Subsection (2) does not apply to or in respect of such prizes as
are prescribed by the regulations for the purposes of this
section.
(4) If the casino operator conducts a player reward scheme, it is a
condition of the casino licence that the casino operator:
(a) advise the participants in the scheme of the availability
of player activity statements that relate to the playing of
gaming machines under the scheme, and
(b) if requested to do so by any such participant, provide
the participant with a player activity statement.
(5) The regulations may make provision for or in respect of player
reward schemes and any matter concerning player activity
statements (including the details to be included in player
activity statements).
(6) A condition under this section does not apply in relation to the
casino licence until 6 months after this section commences.
Page 183
Gaming Machines Bill 2001
Schedule 5 Amendment of other Acts
Schedule 5 Amendment of other Acts
(Section 215)
5.1 Duties Act 1997 No 123
[1] Section 11 What is "dutiable property"?
Insert after section 11 (1) (h):
(h1) a poker machine entitlement within the meaning of the
Gaming Machines Act 2001,
[2] Section 65 Exemptions from duty
Omit section 65 (7). Insert instead:
(7) Poker machine permits and entitlements
No duty is chargeable under this Chapter:
(a) on the transfer of:
(i) a Liquor Act poker machine permit (within the
meaning of the Gaming Machines Act 2001), or
(ii) a poker machine entitlement (within the meaning
of that Act),
that occurs as a consequence of the transfer of a
hotelier's licence under the Liquor Act 1982 that is not
chargeable with duty under this Chapter, or
(b) on the vesting or transfer of any such permit or
entitlement, if the Chief Commissioner is satisfied that:
(i) there is no change, or contemplated change, in
the beneficial ownership of the permit or
entitlement as a consequence of the vesting or
transfer, or
(ii) the vesting or transfer occurs as a consequence
of an agreement for the sale or transfer of
dutiable property on which the duty chargeable
in respect of the agreement has been paid.
Page 184
Gaming Machines Bill 2001
Amendment of other Acts Schedule 5
5.2 Gambling Legislation Amendment (Responsible Gambling)
Act 1999 No 49
[1] Schedule 2 Amendment of Liquor Act 1982 No 147
Omit items [5] and [11] of the Schedule.
[2] Schedule 6 Amendment of Registered Clubs Act 1976 No 31
Omit items [4] and [9] of the Schedule.
5.3 Gaming Machine Tax Act 2001 No 72
[1] Section 3 Definitions
Omit the definitions of authorised CMS, CMS licensee and gaming
machine from section 3 (1).
Insert instead:
authorised CMS has the same meaning as in the Gaming
Machines Act 2001.
CMS licensee means the holder of a CMS licence within the
meaning of the Gaming Machines Act 2001.
gaming machine means an approved gaming machine within
the meaning of the Gaming Machines Act 2001.
[2] Section 3 (1), definition of "outgoings"
Omit "Part 12 of the Liquor Act 1982 or under Part 12 of Registered Clubs
Act 1976" from paragraph (d) of the definition.
Insert instead "Part 10 of the Gaming Machines Act 2001".
[3] Section 7 Payment by instalments
Omit "Maximum penalty (subsection (3))" from section 7 (3).
Insert instead "Maximum penalty".
Page 185
Gaming Machines Bill 2001
Schedule 5 Amendment of other Acts
[4] Section 16 Community development and support expenditure (CDSE)
scheme
Insert "(the CDSE guidelines)" after "guidelines" in section 16 (1).
[5] Section 16 (2) and (4)
Insert "CDSE" before "guidelines" wherever occurring.
[6] Section 16 (3)
Omit the subsection. Insert instead:
(3) Provisions of the CDSE guidelines that from time to time
define the terms Category 1 projects and services and
Category 2 projects and services for the purposes of Schedule
1 are to be settled in consultation with Clubs NSW and the
Council of Social Service of New South Wales.
[7] Section 17 Tax rebate for community development and support
expenditure
Omit section 17 (3). Insert instead:
(3) However, the amount of tax payable under section 14 (3) (b) is
not to be reduced by this section if the Board is satisfied, on the
information provided by a CDSE Local Committee in
accordance with the CDSE guidelines, that the registered club
claiming the reduction has not complied with the CDSE
guidelines.
(4) In this section:
CDSE Local Committee means a committee established under
the CDSE guidelines.
prescribed profits means so much of the profits from gaming
machines kept on the premises of a registered club during a tax
year as exceeds $1,000,000.
[8] Section 20 Exemption from tax liability in certain cases of hardship
Omit "poker" from section 20 (1) (d). Insert instead "approved gaming".
Page 186
Gaming Machines Bill 2001
Amendment of other Acts Schedule 5
[9] Schedule 1, heading
Omit "community development and support by registered clubs".
Insert instead "Community Development and Support Expenditure
(CDSE) Scheme".
[10] Schedule 1, clause 1
Omit the clause. Insert instead:
1 Minimum proportion of profits to be expended on Category 1
projects and services
Of the funds claimed by a registered club to have been applied
to community development and support:
(a) amounts of not less than 0.75% of prescribed profits
(within the meaning of section 17) must have been
applied to Category 1 projects and services that
comprise community welfare and social services,
community development, community health services
and employment assistance activities, and
(b) the balance may be applied to Category 2 projects and
services.
[11] Schedule 1, clause 2
Omit the clause.
[12] Schedule 1, clause 3
Omit the clause. Insert instead:
3 Community priorities identified by CDSE Local Committees
The CDSE Local Committee for each area of the State in
which such a committee is established is to identify the
community social expenditure priorities for that area and make
the information available to registered clubs (either directly or
by furnishing it to Clubs NSW) so that clubs may determine
their expenditure with respect to Category 1 projects and
services.
Page 187
Gaming Machines Bill 2001
Schedule 5 Amendment of other Acts
[13] Schedule 1, clauses 4 and 5
Insert "CDSE" before "guidelines" wherever occurring.
[14] Schedule 2 Savings and transitional provisions
Insert at the end of clause 1 (1):
Gaming Machines Act 2001
[15] Schedule 2, clause 5
Insert "the CDSE" before "guidelines".
5.4 Liquor and Registered Clubs Legislation Amendment Act 2001
No 73
[1] Section 2 Commencement
Omit section 2 (3) and (4).
[2] Schedule 1 Amendment of Liquor Act 1982
Omit items [13][16] of the Schedule.
[3] Schedule 2 Amendment of Registered Clubs Act 1976
Omit items [4][7] of the Schedule.
5.5 Local Government Act 1993 No 30
Dictionary
Omit "an approved amusement device (within the meaning of the Liquor
Act 1982) or poker machine (within the meaning of the Registered Clubs
Act 1976)" from the definition of entertainment.
Insert instead "an approved gaming machine within the meaning of the
Gaming Machines Act 2001".
Page 188
Gaming Machines Bill 2001
Amendment of other Acts Schedule 5
5.6 Search Warrants Act 1985 No 37
[1] Section 10 Definitions
Insert in alphabetical order of Acts in the definition of search warrant:
section 184 of the Gaming Machines Act 2001,
[2] Section 10, definition of "search warrant"
Omit the matter relating to the Liquor Act 1982. Insert instead:
section 151 of the Liquor Act 1982,
[3] Section 10, definition of "search warrant"
Omit the matter relating to the Registered Clubs Act 1976.
5.7 Unlawful Gambling Act 1998 No 113
Section 7 Lawful forms of gambling
Omit section 7 (f)(i). Insert instead:
(f) keeping or operating an approved gaming machine
within the meaning of the Gaming Machines Act 2001
in a hotel or registered club in accordance with that Act,
(g) exhibiting any device for promotional purposes if the
device:
(i) is exhibited by the holder of a dealer's licence or
seller's licence within the meaning of the
Gaming Machines Act 2001, and
(ii) is exhibited with the approval of the Liquor
Administration Board and in compliance with
any conditions to which the approval is subject,
and
Page 189
Gaming Machines Bill 2001
Schedule 5 Amendment of other Acts
(iii) is designed to be used to play a game that could
lawfully be played by means of an approved
gaming machine within the meaning of the
Gaming Machines Act 2001, and
(iv) is not used for the purposes of gambling,
(h) the possession, keeping, use or operation of a poker
machine within the meaning of the Gaming Machines
Act 2001, or a device that is in the nature of an
approved amusement device within the meaning of that
Act, in the circumstances referred to in section 8 of that
Act.
Page 190
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