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Queensland
GAMBLING LEGISLATION
AMENDMENT BILL 2000
Queensland
GAMBLING LEGISLATION
AMENDMENT BILL 2000
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
PART 2--AMENDMENT OF CASINO CONTROL ACT 1982
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Insertion of new s 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3 Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5 Amendment of s 4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
6 Amendment of s 62 (Gaming equipment and chips) . . . . . . . . . . . . . . . . . . 11
7 Amendment of s 65A (Chief executive may approve gaming
documents) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
8 Amendment of s 66 (Casino operator shall not accept credit
wagers etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
9 Amendment of s 94 (Commissioner of the police service may
exclude entry) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
10 Amendment of s 99 (Excluded person not to enter or remain in casino) . . 12
11 Amendment of s 118 (Protection of officers etc.) . . . . . . . . . . . . . . . . . . . . . 14
PART 3--AMENDMENT OF CHARITABLE AND NONPROFIT
GAMING ACT 1999
12 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
13 Replacement of s 3 (Objects of Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
3 Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
14 Amendment of s 10 (Meaning of "eligible association") . . . . . . . . . . . . . . 15
15 Amendment of s 12 (Meaning of "lucky envelopes") . . . . . . . . . . . . . . . . . 15
2
Gambling Legislation Amendment
16 Replacement of s 39 (Who may apply for a category 3 gaming
licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
39 Who may apply for category 3 gaming licence . . . . . . . . . . . . . . . . 16
17 Amendment of s 78 (Keeping accounting records) . . . . . . . . . . . . . . . . . . . . 16
18 Amendment of s 98 (Application for approval of regulated
general gaming equipment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
19 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 4--AMENDMENT OF GAMING MACHINE ACT 1991
20 Act amended in pt 4 and schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
21 Insertion of new s 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
1A Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
22 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
23 Amendment of s 17 (Powers of commission) . . . . . . . . . . . . . . . . . . . . . . . . 21
24 Amendment of s 29 (Appeals to the Minister) . . . . . . . . . . . . . . . . . . . . . . . 22
25 Amendment of s 30 (Minister's determination of appeals) . . . . . . . . . . . . . 24
26 Insertion of new pt 3, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
27 Insertion of new pt 3, div 2 and div 3 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 2--General requirements for applications of significant
community impact
55A Applications of significant community impact . . . . . . . . . . . . . . . . . 24
55B Community impact statement and statement of
responsible gambling initiatives required for application of
significant community impact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
55C Advertisement of application of significant community impact . . . 25
55D Community comments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
55E Procedure on receipt of community comments . . . . . . . . . . . . . . . . . 27
55F Chief executive's power to invite representations . . . . . . . . . . . . . . 27
55G Waiver or variation of requirement of this division . . . . . . . . . . . . . 28
Division 3--Applications for gaming machine licences'.
28 Amendment of s 56 (Application for gaming machine licences) . . . . . . . . 28
29 Amendment of s 57 (Recommendation by chief executive about
application for gaming machine licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
30 Amendment of s 58 (Decision on application for gaming machine
licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
3
Gambling Legislation Amendment
31 Replacement of ss 59 and 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
59 Number of gaming machines and hours of gaming to be
fixed on grant of gaming licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
60 Basis on which number of gaming machines to be
installed in premises and hours of gaming are to be decided . . . . . 31
Division 4--Application for additional licensed premises'.
32 Amendment of s 61 (Application for additional licensed premises) . . . . . . 33
33 Amendment of s 62 (Recommendation by chief executive about
additional premises application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
34 Amendment of s 63 (Decision on additional premises application) . . . . . . 34
35 Replacement of s 64 (Fixing number of gaming machines for
additional premises) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
64 Fixing number of gaming machines and hours of gaming
for additional premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
36 Insertion of new pt 3, div 5 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
37 Insertion of new pt 3, div 6 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
38 Omission of s 79 (Removal of rented gaming machines) . . . . . . . . . . . . . . 36
39 Insertion of new pt 3, div 7 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
40 Amendment of s 83 (Decision on increase application) . . . . . . . . . . . . . . . 36
41 Amendment of s 84 (Matters to be taken into account for
increase application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
42 Insertion of new pt 3, div 8 and div 9 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Division 8--Increase of approved hours of gaming
85A Application to increase approved hours of gaming . . . . . . . . . . . . . . 37
85B Recommendation by chief executive about increase application . . 38
85C Decision on increase application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
85D Matters to be taken into account for increase application . . . . . . . . 39
Division 9--Decrease of approved number of gaming machines'.
43 Amendment of s 88 (Decision on decrease proposal) . . . . . . . . . . . . . . . . . 40
44 Amendment of s 90 (Surrender or disposal of gaming machines
on approval of decrease) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
45 Insertion of new pt 3, div 10 and div 11 hdg . . . . . . . . . . . . . . . . . . . . . . . . . 41
Division 10--Decrease of approved hours of gaming
90A Proposals to decrease approved hours of gaming . . . . . . . . . . . . . . . 41
4
Gambling Legislation Amendment
90B Recommendation by chief executive about decrease
proposal (hours of gaming) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
90C Decision on decrease proposal (hours of gaming) . . . . . . . . . . . . . . 43
90D Matters to be taken into account for decrease proposal
(hours of gaming) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Division 11--Relocation of gaming machine areas'.
46 Insertion of new pt 3, div 12 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
47 Insertion of new pt 3, div 13 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
48 Amendment of s 95 (Surrender of gaming machine licences) . . . . . . . . . . . 45
49 Amendment of s 97 (Cancellation or suspension of gaming
machine licences and letters of censure) . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
50 Amendment of s 104 (Recovery or disposal of gaming machines
and other property on cancellation or non-renewal of gaming machine
licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
51 Replacement of s 109 (Continuance of licences in certain
circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
109 Special authorisation to conduct gaming . . . . . . . . . . . . . . . . . . . . . . 46
52 Amendment of s 139 (Grounds for suspension or cancellation) . . . . . . . . . . 47
53 Amendment of s 168 (Notices about keeping monitoring records) . . . . . . . 48
54 Replacement of s 169 (Places at which monitoring records to be kept) . . 49
169 Places at which monitoring records to be kept . . . . . . . . . . . . . . . . . 49
55 Amendment of s 170 (Period for which monitoring records to be kept) . . . 49
56 Amendment of s 195 (Nominees of licensees) . . . . . . . . . . . . . . . . . . . . . . . 49
57 Amendment of s 200 (Recommendation by chief executive about
applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
58 Replacement of s 229 (Advertising gaming) . . . . . . . . . . . . . . . . . . . . . . . . . 50
229 Advertisements related to gaming . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
59 Amendment of s 230 (Directions about advertising) . . . . . . . . . . . . . . . . . . 51
60 Amendment of s 235 (Hours of gaming) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
61 Amendment of s 238 (Licensees or employees not to extend credit) . . . . . 51
62 Insertion of new s 242A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
242A Unclaimed payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
63 Amendment of s 245 (Notices and reports about payout refusal
decisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
64 Amendment of s 249 (Effect of reviews on payout refusal decisions) . . . . 53
5
Gambling Legislation Amendment
65 Amendment of s 265 (Manufacture, sale, supply, obtaining or
possession of gaming machines) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
66 Insertion of new s 265A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
265A Dealing with gaming equipment etc. by monitoring
operators and approved financiers . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
67 Amendment of s 267 (Possession etc. of gaming machines and
restricted components by by licensed major dealers) . . . . . . . . . . . . . . . . . . 55
68 Amendment of s 271 (Possession etc. of gaming machines and
restricted components by licensees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
69 Omission of ss 278280 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
70 Amendment of s 281 (Approval and rejection of gaming
machines and games) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
71 Amendment of s 283 (Changes to percentage returns) . . . . . . . . . . . . . . . . . 57
72 Amendment of s 284 (Withdrawal of approval of gaming machine
types and games) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
73 Amendment of s 305 (Associated documents for audit report for
category 2 licensee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
74 Amendment of s 306 (Further information about audit report or
associated documents) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
75 Omission of s 311 (Monthly fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
76 Replacement of ss 314316 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
314 Community investment fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
315 Gambling community benefit fund . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
316 Gambling Community Benefit Committee . . . . . . . . . . . . . . . . . . . . 60
77 Amendment of s 317 (Payment of monthly fees, taxes etc.) . . . . . . . . . . . . 60
78 Amendment of s 322 (Disposition of fees etc.) . . . . . . . . . . . . . . . . . . . . . . . 60
79 Amendment of s 323 (Adjustment of monthly fees etc. in certain
circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
80 Amendment of s 324 (Recovery of fees and taxes) . . . . . . . . . . . . . . . . . . . 62
81 Replacement of s 327 (Directions to licensees and operators) . . . . . . . . . . 62
327 Directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
82 Amendment of s 356 (Proceedings for offences) . . . . . . . . . . . . . . . . . . . . . 63
83 Amendment of s 362 (Disclosure of criminal history) . . . . . . . . . . . . . . . . . 63
6
Gambling Legislation Amendment
84 Insertion of new pt 12, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Division 4--Provisions for Gambling Legislation Amendment Act 2000
392 Certain gaming machine licences to lapse . . . . . . . . . . . . . . . . . . . . 63
393 Certain approvals to lapse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
394 Hours of gaming for existing licences . . . . . . . . . . . . . . . . . . . . . . . . 65
395 Closure of charities and rehabilitation benefit fund . . . . . . . . . . . . . 65
396 Saving of appointments of members of Gaming Machine
Community Benefit Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
PART 5--AMENDMENT OF INTERACTIVE GAMBLING
(PLAYER PROTECTION) ACT 1998
85 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
86 Replacement of s 3 (Objects) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
3 Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
87 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
PART 6--AMENDMENT OF KENO ACT 1996
88 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
89 Insertion of new s 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
1A Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
90 Replacement of s 113 (Application of keno tax and licence fee) . . . . . . . . 68
113 Application of keno tax and licence fee . . . . . . . . . . . . . . . . . . . . . . 68
91 Amendment of s 148 (Extending credit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
PART 7--AMENDMENT OF LIQUOR ACT 1992
92 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
93 Amendment of s 151 (Unlawful betting or gaming) . . . . . . . . . . . . . . . . . . . 69
PART 8--AMENDMENT OF LOTTERIES ACT 1997
94 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
95 Insertion of new s 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
2A Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
96 Insertion of new s 99A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
99A Application of lottery tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
PART 9--AMENDMENT OF WAGERING ACT 1998
97 Act amended in pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
7
Gambling Legislation Amendment
98 Insertion of new s 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
2A Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
99 Amendment of s 136 (Notice of end of key operator's role) . . . . . . . . . . . . 71
100 Amendment of s 169 (Application of wagering tax, authority fee
and authority administration fee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
101 Replacement of s 209 (Extending credit) . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
209 Extending credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 73
MINOR AMENDMENTS OF GAMING MACHINE ACT 1991
2000
A BILL
FOR
An Act to amend the Casino Control Act 1982, Charitable and
Non-Profit Gaming Act 1999, Gaming Machine Act 1991,
Interactive Gambling (Player Protection) Act 1998, Keno Act 1996,
Liquor Act 1992, Lotteries Act 1997 and Wagering Act 1998
s1 10 s4
Gambling Legislation Amendment
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
title 3
Short
Clause 1. This Act may be cited as the Gambling Legislation Amendment Act 4
2000. 5
6
Commencement
Clause 2. This Act commences on 1 September 2000. 7
ART 2--AMENDMENT OF CASINO CONTROL ACT 8
P
1982 9
amended in pt 2 10
Act
Clause 3. This part amends the Casino Control Act 1982. 11
of new s 3 12
Insertion
Clause 4. After section 2-- 13
insert-- 14
15
`Object
`3.(1) The object of this Act is to ensure that, on balance, the State and the 16
community as a whole benefit from casino gambling. 17
`(2) The balance is achieved by allowing casino gambling subject to a 18
system of regulation and control designed to protect players and the 19
community through-- 20
(a) ensuring the integrity and fairness of games; and 21
s5 11 s7
Gambling Legislation Amendment
(b) ensuring the probity of those involved in the conduct of casino 1
gambling; and 2
(c) minimising the potential for harm from casino gambling.'. 3
of s 4 (Interpretation) 4
Amendment
Clause 5. Section 4-- 5
insert-- 6
` "conviction" includes a finding of guilt, or the acceptance of a plea of 7
guilty, by a court.'. 8
of s 62 (Gaming equipment and chips) 9
Amendment
Clause 6.(1) Section 62(3)(d)-- 10
omit, insert-- 11
`(d) is under the exclusive control of the casino operator or the 12
operator's agents or employees; and'. 13
(2) Section 62-- 14
insert-- 15
`(3C) The chief executive can not approve a gaming machine under 16
subsection (3)(a) if, as a result of the approval, the number of gaming 17
machines in the casino, or a particular part of the casino, would exceed a 18
limit fixed by the Minister.'. 19
of s 65A (Chief executive may approve gaming 20
Amendment
documents) 21
Clause 7. Section 65A(1)(c)-- 22
omit, insert-- 23
`(c) for use in a machine, whether to make wagers, to pay winning 24
wagers or otherwise; or 25
(d) to protect a player's wager on a round of play against loss.'. 26
s8 12 s 10
Gambling Legislation Amendment
of s 66 (Casino operator shall not accept credit wagers 1
Amendment
etc.) 2
Clause 8. Section 66(1), penalty, `40 penalty units'-- 3
omit, insert-- 4
`200 penalty units'. 5
of s 94 (Commissioner of the police service may exclude 6
Amendment
entry) 7
Clause 9. Section 94-- 8
insert-- 9
`(3) The commissioner of the police service may notify an authority 10
responsible for administering gaming legislation of another State or 11
Territory of a direction under this section.'. 12
of s 99 (Excluded person not to enter or remain in casino) 13
Amendment
Clause 10. Section 99-- 14
insert-- 15
`(2) A court that finds a person guilty of an offence against this section 16
may, if satisfied the person is a problem gambler, postpone its decision on 17
penalty on condition that the person agrees to attend counselling on a basis 18
specified by the court. 19
`(3) The agreement-- 20
(a) must provide for counselling of a kind that may, in the court's 21
opinion, be beneficial in helping to overcome harmful behaviour 22
related to gambling; and 23
(b) must provide for counselling over a period (not more than 24
12 months) fixed by the court; and 25
(c) must allow the counsellor a discretion to disclose to the court 26
information about the person's participation in the counselling if 27
the counsellor believes the disclosure will help the court to 28
exercise its powers and discretions in an appropriate way under 29
this section; and 30
s 10 13 s 10
Gambling Legislation Amendment
(d) must provide that the counsellor is to report to the court a failure 1
by the person to attend counselling as required by the agreement. 2
`(4) For deciding whether a defendant is a problem gambler and, if so, 3
whether counselling of an appropriate kind is available, the court may have 4
regard to-- 5
(a) a report relevant to the question made by a psychiatrist, 6
psychologist or other person with appropriate expertise; and 7
(b) any other information available to the court and relevant to the 8
subject (including hearsay evidence). 9
`(5) If the court has postponed a decision on penalty under this section, 10
the court must proceed to impose penalty-- 11
(a) as soon as practicable after the end of the period fixed for the 12
counselling; or 13
(b) if, during the period fixed for the counselling, the defendant 14
advises the court that he or she does not want to continue with the 15
counselling--as soon as practicable after the court receives that 16
advice; or 17
(c) if, during the period fixed for the counselling, the counsellor 18
reports to the court that the defendant has failed to attend 19
counselling as required by the agreement or to participate 20
satisfactorily in the counselling--as soon as practicable after the 21
court receives the report. 22
`(6) In making its decision on penalty after a period of postponement 23
under this section, the court-- 24
(a) must consider whether and, if so, to what extent, the defendant 25
has made a genuine attempt to overcome harmful behaviour 26
related to gambling; and 27
(b) may, for deciding that question, have regard to the report of a 28
counsellor appointed to counsel the defendant by an agreement 29
under this section. 30
`(7) In this section-- 31
"problem gambler" means a person whose behaviour indicates a 32
compulsion to gamble, an addiction to gambling, or an inability or 33
disinclination to make rational judgments about gambling.'. 34
s 11 14 s 13
Gambling Legislation Amendment
of s 118 (Protection of officers etc.) 1
Amendment
Clause 11. Section 118, `section 105 or 106'-- 2
omit, insert-- 3
`section 105'. 4
PART 3--AMENDMENT OF CHARITABLE AND 5
NONPROFIT GAMING ACT 1999 6
amended in pt 3 7
Act
Clause 12. This part amends the Charitable and Non-Profit Gaming Act 1999. 8
of s 3 (Objects of Act) 9
Replacement
Clause 13. Section 3-- 10
omit, insert-- 11
12
`Object
`3.(1) The overarching object of this Act is to ensure that, on balance, the 13
State and the community as a whole benefit from general gaming. 14
`(2) The balance is achieved by allowing general gaming subject to a 15
system of regulation and control designed to protect players and the 16
community through-- 17
(a) ensuring the integrity and fairness of games; and 18
(b) ensuring the probity of those involved in the conduct of general 19
gaming; and 20
(c) minimising the potential for harm from general gaming. 21
`(3) Within the overarching object, the following objects are included-- 22
(a) to set and maintain appropriate standards and levels of 23
accountability for the conduct of general gaming; 24
(b) to ensure the public obtains reasonable net benefits from the 25
s 14 15 s 16
Gambling Legislation Amendment
conduct of general gaming; 1
(c) to prevent individuals engaged in conducting general gaming 2
from deriving personal gain from it; 3
(d) to maintain and protect the integrity of general gaming; 4
(e) to maintain public confidence and trust in buying general gaming 5
tickets as a worthwhile way of supporting fundraising activities.'. 6
of s 10 (Meaning of "eligible association") 7
Amendment
Clause 14.(1) Section 10(2)(a)-- 8
omit. 9
(2) Section 10(4)-- 10
omit, insert-- 11
`(4) A constituent unit of an eligible association is also an eligible 12
association.'. 13
of s 12 (Meaning of "lucky envelopes") 14
Amendment
Clause 15. Section 12(3)-- 15
omit, insert-- 16
`(3) However, "lucky envelopes" does not include-- 17
(a) a promotional game; or 18
(b) a game in which the determination of the winning ticket depends 19
on a future event. 20
21
Example for paragraph (b)--
22
A game in which a ticket becomes a winning ticket if a particular team wins a
23
future sporting match.'.
of s 39 (Who may apply for a category 3 gaming licence) 24
Replacement
Clause 16. Section 39-- 25
omit, insert-- 26
s 17 16 s 19
Gambling Legislation Amendment
may apply for category 3 gaming licence 1
`Who
`39. An applicant for a category 3 gaming licence must be-- 2
(a) an incorporated eligible association; or 3
(b) a parents and citizens association formed under the Education 4
(General Provisions) Act 1989; or 5
(c) a registered political party under the Electoral Act 1992.'. 6
of s 78 (Keeping accounting records) 7
Amendment
Clause 17. Section 78-- 8
insert-- 9
`(3) A person required to keep general gaming records must also keep (in 10
addition to other records the person is required to keep) accounting records 11
required under a regulation. 12
Maximum penalty for subsection (3)--20 penalty units.'. 13
of s 98 (Application for approval of regulated general 14
Amendment
gaming equipment) 15
Clause 18. Section 98(a) and (b)-- 16
omit, insert-- 17
`(a) approval of regulated general gaming equipment proposed to be 18
used in conducting a game; or 19
(b) approval to modify regulated general gaming equipment used in 20
conducting a game.'. 21
of sch 2 (Dictionary) 22
Amendment
Clause 19.(1) Schedule 2, definition "regulated general gaming equipment"-- 23
omit. 24
s 20 17 s 21
Gambling Legislation Amendment
(2) Schedule 2-- 1
insert-- 2
` "conviction" includes a finding of guilt, or the acceptance of a plea of 3
guilty, by a court. 4
"regulated general gaming equipment" means-- 5
(a) a lucky envelope vending machine with a random number 6
generator; or 7
(b) equipment with a random number generator intended for the 8
conduct of a promotional game; or 9
(c) other general gaming equipment prescribed under a regulation.'. 10
(3) Schedule 2, definition "application", paragraph (a), `division 4'-- 11
omit, insert-- 12
`division 2, subdivision 3'. 13
ART 4--AMENDMENT OF GAMING MACHINE 14
P
ACT 1991 15
amended in pt 4 and schedule 16
Act
Clause 20. This part and the schedule amend the Gaming Machine Act 1991. 17
of new s 1A 18
Insertion
Clause 21. After section 1-- 19
insert-- 20
21
`Object
`1A.(1) The object of this Act is to ensure that, on balance, the State and 22
the community as a whole benefit from gaming machine gambling. 23
`(2) The balance is achieved by allowing gaming machine gambling 24
subject to a system of regulation and control designed to protect players and 25
s 22 18 s 22
Gambling Legislation Amendment
the community through-- 1
(a) ensuring the integrity and fairness of games; and 2
(b) ensuring the probity of those involved in the conduct of gaming 3
machine gambling; and 4
(c) minimising the potential for harm from gaming machine 5
gambling.'. 6
of s 2 (Definitions) 7
Amendment
Clause 22.(1) Section 2, definitions "approved game", "approved place" for the 8
keeping of monitoring records of a licensed monitoring operator, 9
"authorised gaming machine", "decrease proposal", "electronic monitoring 10
system", "increase application", "interested person" (first mentioned), 11
"main office", "metered bets", "metered win", "privately acquired gaming 12
machine", "progressive jackpot prize meter", "public interest", "rented 13
gaming machine" and "total wins meter"-- 14
omit. 15
(2) Section 2-- 16
insert-- 17
` "administered receipt" see Financial Administration and Audit Act 1977, 18
section 4(1). 19
"application of significant community impact" means an application 20
mentioned in section 55A(1). 21
"approved game" means a game approved by the chief executive under 22
section 281(8). 23
"approved place", for the keeping of monitoring records of a licensed 24
supplier, means-- 25
(a) the supplier's main office; or 26
(b) a place approved by the chief executive under section 168(1)(a)1 27
for the records. 28
"authorised gaming machine", of a licensee, means a gaming machine 29
1 Section 168 (Notices about keeping monitoring records)
s 22 19 s 22
Gambling Legislation Amendment
purchased or otherwise acquired by the licensee, with the chief 1
executive's approval,2 for use for gaming on the licensee's licensed 2
premises. 3
"community comments" means comments on an application made in 4
response to an advertisement under section 55C. 5
"decrease", of approved hours of gaming, does not include a change to 6
hours of gaming that would allow the conduct of gaming on licensed 7
premises at a time when gaming was previously unlawful (even 8
though the change might reduce aggregate hours of gaming). 9
"decrease proposal" means (according to context)-- 10
(a) a decrease proposal (gaming machines); or 11
(b) a decrease proposal (hours of gaming). 12
"decrease proposal (gaming machines)" means-- 13
(a) an application made by a licensee under section 86 for a decrease 14
in the approved number of gaming machines for licensed 15
premises of the licensee; or 16
(b) a request made by an approved authority under section 86 for a 17
decrease in the approved number of gaming machines for 18
licensed premises of a licensee; or 19
(c) a report made by an inspector under section 86 recommending a 20
decrease in the approved number of gaming machines for 21
licensed premises of a licensee. 22
"decrease proposal (hours of gaming)" means-- 23
(a) an application made by a licensee under section 90A for a 24
decrease in the approved hours of gaming for licensed premises 25
of the licensee; or 26
(b) a request made by an approved authority under section 90A for a 27
decrease in the approved hours of gaming for licensed premises 28
of a licensee; or 29
(c) a report made by an inspector under section 90A recommending a 30
2 See section 265(2) (Manufacture, sale, supply, obtaining or possession of
gaming machines).
s 22 20 s 22
Gambling Legislation Amendment
decrease in the approved hours of gaming for licensed premises 1
of a licensee. 2
"electronic monitoring system" means any electronic or computer system 3
or device that is designed to be used, or adapted, to receive data from 4
gaming equipment in relation to the security, accounting or operation 5
of gaming equipment and includes an electronic or computer system or 6
device capable of identifying the player. 7
"increase", of approved hours of gaming, includes a change to hours of 8
gaming that would allow the conduct of gaming on licensed premises 9
at a time when gaming was previously unlawful (even though the 10
change might leave aggregate hours of gaming unchanged or reduce 11
the aggregate). 12
"increase application" means (according to context)-- 13
(a) an increase application (gaming machines); or 14
(b) an increase application (hours of gaming). 15
"increase application (gaming machines)" means an application made by 16
a licensee under section 81 for an increase in the approved number of 17
gaming machines for licensed premises of the licensee. 18
"increase application (hours of gaming)" means an application made by 19
a licensee under section 85A for an increase in the approved hours of 20
gaming for licensed premises of the licensee. 21
"main office", of a licensed supplier, means-- 22
(a) the supplier's principal place of business in the State; or 23
(b) if the supplier is a corporation and has its registered office in the 24
State--its registered office. 25
"metered turnover", for licensed premises for an assessment period, 26
means the aggregate amount of all bets made on gaming machines on 27
the premises in the assessment period. 28
"metered win", for licensed premises for an assessment period, means the 29
amount obtained by subtracting the metered payouts for the premises 30
from the metered turnover for the premises. 31
"other amounts", of a department, means amounts received by the 32
department other than amounts received for a fund under this Act. 33
s 23 21 s 23
Gambling Legislation Amendment
"progressive jackpot prize meter" means a device for recording amounts 1
that, if won by a player, would be-- 2
(a) payable to the player by the licensee as a jackpot payout; or 3
(b) credited to the credit meter of the player's gaming machine as a 4
jackpot credit. 5
"total wins meter" means a device for recording amounts (other than 6
amounts recorded on the progressive jackpot prize meter) that, if won 7
by a player, would be-- 8
(a) payable to the player by the licensee; or 9
(b) credited to the credit meter of the player's gaming machine.'. 10
(3) Section 2, definition "supplier's licence", paragraph (a), `an 11
operator's licence'-- 12
omit, insert-- 13
`a monitoring operator's licence'. 14
(4) Section 2, definition "supporting material", for an application for a 15
licence under part 5, paragraph (a), `section 200(2)'-- 16
omit, insert-- 17
`section 200(1)(b)'. 18
(5) Section 2, definition "supporting material", for an application for a 19
licence under part 5, paragraph (a), `section 200(1A)'-- 20
omit, insert-- 21
`section 200(3)(a)'. 22
of s 17 (Powers of commission) 23
Amendment
Clause 23. Section 17-- 24
insert-- 25
`(2) The commission may issue guidelines. 26
`(3) Without limiting subsection (2), a guideline may give guidance 27
about-- 28
(a) the attitude the commission is likely to adopt on a particular 29
s 24 22 s 24
Gambling Legislation Amendment
issue; or 1
(b) how an applicant for a licence, authorisation or approval should 2
deal with issues involved in the proper formulation of the 3
application or supporting material related to the application. 4
5
Examples of subsection (3)--
6
1. The commission might issue a guideline stating its attitude to gaming
7
machines in shopping centres.
8
2. The commission might issue a guideline stating how it is likely to decide
9
questions about the location of gaming machines in licensed premises or the
10
proximity of gaming machines to automatic teller machines.
11
3. The commission might issue a guideline setting out the matters that should
12
be dealt with in a community impact statement accompanying an
13
application.
`(4) A guideline may be replaced or varied by a later guideline issued 14
under this section. 15
`(5) When a guideline is issued under this section, the Minister must 16
have notice of the issue of the guideline published in the gazette stating-- 17
(a) the address of a departmental office at which the guideline may be 18
inspected; and 19
(b) a website address at which a copy of the guideline may be 20
inspected and from which a copy of the guideline may be 21
downloaded. 22
`(6) The commission may on its own initiative, and must if asked by the 23
Minister, provide the Minister with advice on-- 24
(a) the operation of this Act, any other gaming Act that assigns 25
functions to the commission; or 26
(b) issues related to gambling (including the identification of issues 27
requiring further research) under this Act or another Act that 28
assigns functions to the commission.'. 29
of s 29 (Appeals to the Minister) 30
Amendment
Clause 24.(1) Section 29(1)-- 31
omit, insert-- 32
s 24 23 s 24
Gambling Legislation Amendment
`29.(1) A person-- 1
(a) who may be adversely affected by an approval under 2
section 54(6) and to whom a notice has been given under 3
section 54(8); or 4
(b) who is or was an applicant for or a holder of a licence under this 5
Act and is aggrieved by a decision or determination referred to in 6
subsection (9) or (10); 7
may appeal against the decision or determination to the Minister.'. 8
(2) Section 29(9)-- 9
insert-- 10
`(ba)under section 59(2)(a)(ii), fixing hours of gaming for premises 11
that differ from the hours of gaming sought in the relevant 12
application for the premises; or 13
(da) under section 64(2)(b), fixing hours of gaming for additional 14
premises that differ from the hours of gaming sought in the 15
relevant additional premises application; or 16
(ha) under section 85C(1)(c), refusing to approve an increase in 17
approved hours of gaming for a licensee's licensed premises; or 18
(hb) under section 85C(1)(b), approving an increase in the approved 19
hours of gaming for a licensee's licensed premises that differs 20
from an increase sought in the relevant application; or 21
(ka) under section 90C(1)(c), refusing, for a decrease proposal that is 22
an application, to approve a decrease in the approved hours of 23
gaming for a licensee's licensed premises; or 24
(kb) under section 90C(1)(b), approving, for a decrease proposal that 25
is an application, a decrease in the approved hours of gaming for a 26
licensee's licensed premises that is a modification of the proposal 27
contained in the relevant application; or 28
(kc) under section 90C(1)(a), approving, for a decrease proposal that is 29
a request or a report, a decrease in the approved hours of gaming 30
for a licensee's licensed premises; or'. 31
s 25 24 s 27
Gambling Legislation Amendment
of s 30 (Minister's determination of appeals) 1
Amendment
Clause 25. Section 30(1)(b), `14 days'-- 2
omit, insert-- 3
`28 days'. 4
of new pt 3, div 1 hdg 5
Insertion
Clause 26. Before section 55-- 6
insert-- 7
`Division 1--Authorisation of gaming machine gambling'. 8
of new pt 3, div 2 and div 3 hdg 9
Insertion
Clause 27. After section 55-- 10
insert-- 11
2--General requirements for applications of significant 12
`Division
community impact 13
of significant community impact 14
`Applications
`55A.(1) The following applications are applications of significant 15
community impact-- 16
(a) an application for a gaming machine licence; 17
(b) an application for additional licensed premises; 18
(c) an application to have the approved number of gaming machines 19
for licensed premises increased by a significant number (to be 20
fixed under a regulation); 21
(d) another application that the chief executive designates, by written 22
notice to the applicant, as an application of significant community 23
impact. 24
`(2) The chief executive must make available for inspection, in the office 25
of the department at Brisbane, a list of all applications currently before the 26
chief executive that are of significant community impact. 27
s 27 25 s 27
Gambling Legislation Amendment
`(3) The list must include-- 1
(a) the nature of each application; and 2
(b) the location of premises to which each application relates. 3
impact statement and statement of responsible gambling 4
`Community
initiatives required for application of significant community impact 5
`55B.(1) An application of significant community impact must be 6
accompanied by-- 7
(a) a community impact statement; and 8
(b) a statement of responsible gambling initiatives for the licensed 9
premises or proposed licensed premises. 10
`(2) The purpose of a community impact statement is to help the 11
commission assess the social and economic implications of the grant of the 12
application. 13
`(3) The purpose of the statement of responsible gambling initiatives is to 14
help the commission assess the adequacy of the applicant's approach to 15
encouraging responsible gambling. 16
`(4) In preparing a community impact statement or a statement of 17
responsible gambling initiatives, the applicant must have regard to relevant 18
guidelines issued by the commission. 19
`(5) A community impact statement and a statement of responsible 20
gambling initiatives are to be regarded as part of the supporting material for 21
an application. 22
of application of significant community impact 23
`Advertisement
`55C.(1) An application of significant community impact must be 24
advertised as required under this section. 25
`(2) The applicant must-- 26
(a) in a form, and on days, approved by the chief executive generally 27
or in a particular case, publish notice of the application, at the 28
applicant's expense-- 29
(i) once in the gazette; and 30
s 27 26 s 27
Gambling Legislation Amendment
(ii) twice in a newspaper circulating in the locality; and 1
(b) display a copy of the notice on the premises to which the 2
application relates on a sign the dimensions of which (including 3
dimensions of the print) are approved by the chief executive, 4
generally or in a particular case; and 5
(c) ensure the copy is displayed conspicuously for 28 days 6
immediately before the last day for the filing of community 7
comments on the application. 8
`(3) If the applicant is also making an application under the Liquor Act 9
1992, the chief executive and the liquor licensing authority may approve a 10
composite notice to be published and displayed under subsection (2) and the 11
corresponding provision of the Liquor Act 1992. 12
`(4) The applicant must give to the chief executive evidence of satisfying 13
the publication and display requirements under this section. 14
comments 15
`Community
`55D.(1) If an application is advertised as required by section 55C, any 16
member of the public may comment on the application, by writing filed 17
with the chief executive on or before the last day for filing comments as 18
specified in the relevant notice under section 55C(2). 19
20
Examples of subsection (1)--
21
1. A member of the public might comment on how he or she expects the grant
22
of the application would contribute to, or detract from, a sense of community
23
in the relevant locality.
24
2. A member of the public might comment on the effect the grant of the
25
application might have for persons in, or travelling to or from, an existing or
26
proposed place of public worship, child care centre or school.
27
3. A member of the public might comment on the effect the grant of the
28
application would have on the amenity or character of the locality to which
29
it relates.
`(2) The commission may disregard comments on subjects that lie 30
beyond a scope indicated in the commission's guidelines. 31
32
Examples of subsection (2)--
33
1. The commission's guidelines might exclude comments based on the morality
34
of gambling or the commentator's personal views about gambling.
s 27 27 s 27
Gambling Legislation Amendment
1
2. The commission's guidelines might exclude comments of a kind that might
2
be more appropriately considered and dealt with under the Liquor Act 1992.
3
3. The commission's guidelines might exclude commentary of a statistical
4
nature about the adverse effects of gambling in locations unrelated to the
5
location to which the application relates.
`(3) Comments may be made individually or collectively by a group of 6
members of the public. 7
`(4) In this section-- 8
"member of the public" means an adult individual, corporation or other 9
organisation, that in the chief executive's opinion-- 10
(a) has a proper interest in the locality concerned; and 11
(b) is likely to be affected by the grant of the application. 12
on receipt of community comments 13
`Procedure
`55E.(1) The chief executive must give to the applicant written notice of 14
all community comments properly made on an application advertised under 15
section 55C. 16
`(2) The notice-- 17
(a) must include a copy of the comments; and 18
(b) must be given to the applicant within 14 days after the last day for 19
filing comments as specified in the relevant notice under 20
section 55C(2). 21
executive's power to invite representations 22
`Chief
`55F. The chief executive may invite representations on an application of 23
substantial community impact from-- 24
(a) the local government for the area in which the premises for which 25
the licence is sought are situated; and 26
(b) from any other entity that has, in the chief executive's opinion, a 27
proper interest in the matter. 28
s 28 28 s 28
Gambling Legislation Amendment
1
Example of paragraph (b)--
2
The chief executive might invite representations on the application from the
3
local Member of the Legislative Assembly.
or variation of requirement of this division 4
`Waiver
`55G. The chief executive may waive or vary a requirement under this 5
division if the chief executive is satisfied compliance with the requirement is 6
not necessary or the requirement may be relaxed-- 7
(a) because the application does not involve a significant change to 8
the licensed premises or the nature or extent of the gaming carried 9
on from the licensed premises; or 10
(b) because of the remote location of the premises; or 11
(c) because the purpose of the requirement has been, or can be, 12
achieved by other means; or 13
(d) because of other special circumstances. 14
`Division 3--Applications for gaming machine licences'. 15
of s 56 (Application for gaming machine licences) 16
Amendment
Clause 28. Section 56(5)-- 17
insert-- 18
`(ja) is to specify-- 19
(i) the hours of gaming for which the licence is sought; and 20
(ii) if the application relates to 2 or more premises--the hours of 21
gaming sought for each of the premises; and'. 22
s 29 29 s 29
Gambling Legislation Amendment
of s 57 (Recommendation by chief executive about 1
Amendment
application for gaming machine licence) 2
Clause 29.(1) Section 57(6)-- 3
omit, insert-- 4
`(6) If the chief executive considers a proposed location for the 5
installation of gaming machines (as shown on the plan of the subject 6
premises accompanying the application, or that plan as amended and 7
resubmitted, or as last amended and resubmitted, under this subsection) is 8
unsuitable, the chief executive must-- 9
(a) by written notice, advise the applicant accordingly; and 10
(b) return the plan to the applicant; and 11
(c) either-- 12
(i) ask the applicant to amend, or further amend, and resubmit 13
the plan within the time stated in the notice; or 14
(ii) inform the applicant that the chief executive proposes to 15
recommend that a gaming machine licence be refused on the 16
ground that gaming machines can not be appropriately 17
located in the subject premises.'. 18
(2) Section 57(8)-- 19
insert-- 20
`(ba)the grant of the licence would be contrary to a guideline issued by 21
the commission under section 17; or'. 22
(3) Section 57(10)-- 23
omit, insert-- 24
`(10) If the chief executive recommends the grant of a gaming machine 25
licence, the chief executive must advise the commission on-- 26
(a) the number of gaming machines the chief executive considers are 27
appropriate for the subject premises, or each of the subject 28
premises; and 29
s 30 30 s 31
Gambling Legislation Amendment
(b) the hours of gaming the chief executive considers are appropriate 1
for the subject premises, or each of the subject premises.3'. 2
of s 58 (Decision on application for gaming machine 3
Amendment
licence) 4
Clause 30. Section 58(2)-- 5
omit, insert-- 6
`(2) In making its decision, the commission must have regard to-- 7
(a) any supporting material for the application; and 8
(b) any relevant community comments on the application; and 9
(c) any representations made in response to an invitation under 10
section 55F.'. 11
of ss 59 and 60 12
Replacement
Clause 31. Sections 59 and 60-- 13
omit, insert-- 14
of gaming machines and hours of gaming to be fixed on 15
`Number
grant of gaming licence 16
`59.(1) This section applies if the commission decides to grant a gaming 17
machine licence. 18
`(2) The commission must-- 19
(a) if the application relates to single premises only-- 20
(i) fix the number of gaming machines that may, for the licence, 21
be installed on the premises; and 22
(ii) fix the hours of gaming for the premises; or 23
(b) if the application relates to 2 or more premises, fix for each of the 24
premises-- 25
3 Section 60 sets out the matters to which the chief executive must, or may, have
regard in giving advice for section 57(10).
s 31 31 s 31
Gambling Legislation Amendment
(i) the number of gaming machines that may, for the licence, be 1
installed on the premises; and 2
(ii) the hours of gaming for the premises. 3
`(3) If the number of gaming machines and the hours of gaming fixed 4
for premises are as sought in the application, the chief executive must 5
immediately give written notice of the decision to the applicant. 6
`(4) If the number of gaming machines and the hours of gaming fixed 7
for premises are not as sought in the application, the chief executive must 8
immediately give the applicant an information notice for the decision. 9
on which number of gaming machines to be installed in 10
`Basis
premises and hours of gaming are to be decided 11
`60.(1) This section deals with the basis on which-- 12
(a) the chief executive is to give advice on the number of gaming 13
machines to be installed in, or the hours of gaming for, 14
premises;4 and 15
(b) the commission is to decide the number of gaming machines to 16
be installed in, or the hours of gaming for, premises.5 17
`(2) The chief executive and the commission must have regard to-- 18
(a) the number of gaming machines, and the hours of gaming, 19
sought in the application for the gaming machine licence; and 20
(b) any supporting material for the application; and 21
(c) any relevant community comments on the application; and 22
(d) any relevant representations made to the commission on the 23
application in response to an invitation under section 55F; and 24
(e) the size and layout of, and facilities on, the premises; and 25
26
Example for paragraph (e)--
27
The chief executive and the commission must have regard to whether
4 See section 57(10) (Recommendation by chief executive about application for
gaming machine licence).
5 See section 59.
s 31 32 s 31
Gambling Legislation Amendment
1
automatic teller machines are installed on the premises and, if so, the
2
proximity of the gaming machine areas to automatic teller machines.
(f) the size and layout of the proposed gaming machine areas for the 3
premises. 4
`(3) The chief executive and the commission may also have regard to-- 5
(a) the liquor consumption for the premises to which the application 6
relates; and 7
(b) the hours and days when the premises are open for the sale of 8
liquor; and 9
(c) the anticipated level of gaming on the premises; and 10
(d) for an application by a club--the number of members of the club; 11
and 12
(e) any other matters the chief executive or the commission considers 13
relevant. 14
`(4) If the gaming machine licence is to relate to single premises only, the 15
number of gaming machines recommended or fixed must not be greater 16
than-- 17
(a) the number sought in the application; or 18
(b) the maximum number prescribed under a regulation for the 19
category of licensed premises to which the premises will belong. 20
`(5) If the gaming machine licence is to relate to 2 or more premises-- 21
(a) the number of gaming machines recommended or fixed for 22
particular premises must not be greater than the number sought in 23
the application for the premises; and 24
(b) the total number of gaming machines recommended or fixed for 25
both or all the premises must not be greater than the maximum 26
number prescribed under a regulation for category 2 licensed 27
premises. 28
`(6) For subsection (5)-- 29
(a) a gaming machine licence is taken to relate to 2 or more premises 30
if the licensee operates gaming machines on premises in another 31
State or Territory; and 32
s 32 33 s 33
Gambling Legislation Amendment
(b) in working out whether a limit fixed under subsection (5)(b) has 1
been exceeded, gaming machines operated by the licensee in 2
another State or Territory are to be brought into account as if they 3
were gaming machines installed in licensed premises in 4
Queensland. 5
`Division 4--Application for additional licensed premises'. 6
of s 61 (Application for additional licensed premises) 7
Amendment
Clause 32. Section 61(3)(f)-- 8
omit, insert-- 9
`(f) state-- 10
(i) the number of gaming machines intended to be installed on 11
the additional premises; and 12
(ii) the hours of gaming sought for the additional premises; 13
and'. 14
of s 62 (Recommendation by chief executive about 15
Amendment
additional premises application) 16
Clause 33.(1) Section 62(5)-- 17
omit, insert-- 18
`(5) In making a recommendation, the chief executive must have regard 19
to-- 20
(a) any supporting material for the application; and 21
(b) any community comments on the application.'. 22
(2) Section 62(8) and (9)-- 23
omit, insert-- 24
`(8) If the chief executive recommends that approval of the additional 25
premises be given, the chief executive must advise the commission on-- 26
(a) the number of gaming machines the chief executive considers are 27
appropriate for the premises; and 28
s 34 34 s 35
Gambling Legislation Amendment
(b) the hours of gaming the chief executive considers are appropriate 1
for the premises. 2
`(9) For giving advice for subsection (8), the chief executive-- 3
(a) must have regard to the number of gaming machines, and the 4
hours of gaming, sought in the application for the additional 5
premises; and 6
(b) must have regard to any supporting materials for the application; 7
and 8
(c) must have regard to any relevant community comments on the 9
application; and 10
(d) may have regard to the matters, in relation to the additional 11
premises, to which the chief executive is authorised to have regard 12
in giving corresponding advice for an application for a gaming 13
machine licence.6'. 14
of s 63 (Decision on additional premises application) 15
Amendment
Clause 34. Section 63(3)-- 16
insert-- 17
`(ba)must have regard to any relevant community comments on the 18
application; and'. 19
of s 64 (Fixing number of gaming machines for 20
Replacement
additional premises) 21
Clause 35. Section 64-- 22
omit, insert-- 23
number of gaming machines and hours of gaming for 24
`Fixing
additional premises 25
`64.(1) This section applies if the commission decides to approve 26
additional premises as premises to which the applicant's gaming machine 27
6 See section 60(3) (Basis on which number of gaming machines to be installed in
premises and hours of gaming are to be decided).
s 35 35 s 35
Gambling Legislation Amendment
licence (the "existing licence") relates. 1
`(2) The commission must-- 2
(a) fix the number of gaming machines that may be installed on the 3
additional premises; and 4
(b) fix the hours of gaming for the additional premises. 5
`(3) In fixing the number of gaming machines, and the hours of gaming 6
for additional premises, the commission-- 7
(a) must have regard to the number of gaming machines, and the 8
hours of gaming, sought in the additional premises application; 9
and 10
(b) must have regard to any supporting materials for the application; 11
and 12
(c) must have regard to any relevant community comments on the 13
application; and 14
(d) may have regard to the matters, in relation to the additional 15
premises, to which the commission is authorised to have regard 16
in making a corresponding decision on an application for a 17
gaming machine licence.7 18
`(4) The number of gaming machines fixed under subsection (2)-- 19
(a) must not be greater than the number sought in the application; and 20
(b) must be a number that, when added to the approved number, or 21
total approved number, of gaming machines for the existing 22
premises, does not result in a total number of gaming machines 23
that is greater than the maximum number prescribed under a 24
regulation for category 2 licensed premises. 25
`(5) If the number of gaming machines and the hours of gaming fixed 26
for the additional premises are as sought in the additional premises 27
application, the chief executive must immediately give written notice of the 28
decision to the applicant. 29
`(6) If the number of gaming machines and the hours of gaming fixed 30
7 See section 60(3) (Basis on which number of gaming machines to be installed in
premises and hours of gaming are to be decided).
s 36 36 s 40
Gambling Legislation Amendment
for the additional premises are not as sought in the additional premises 1
application, the chief executive must immediately give the applicant an 2
information notice for the decision.'. 3
of new pt 3, div 5 hdg 4
Insertion
Clause 36. Before section 66-- 5
insert-- 6
`Division 5--Change of circumstance'. 7
of new pt 3, div 6 hdg 8
Insertion
Clause 37. Before section 68-- 9
insert-- 10
`Division 6--Gaming machine licences generally'. 11
of s 79 (Removal of rented gaming machines) 12
Omission
Clause 38. Section 79-- 13
omit. 14
of new pt 3, div 7 hdg 15
Insertion
Clause 39. Before section 81-- 16
insert-- 17
`Division 7--Increase of approved number of gaming machines'. 18
of s 83 (Decision on increase application) 19
Amendment
Clause 40. Section 83-- 20
insert-- 21
`(7) If the approved number of gaming machines for licensed premises 22
has been fixed (or increased or decreased) within the last 12 months, the 23
s 41 37 s 42
Gambling Legislation Amendment
commission may only approve an increase in the approved number of 1
gaming machines if there are exceptional reasons for the increase.'. 2
of s 84 (Matters to be taken into account for increase 3
Amendment
application) 4
Clause 41. Section 84(3)-- 5
omit, insert-- 6
`(3) The commission or the chief executive must have regard to-- 7
(a) the increased number of gaming machines sought in the 8
application; and 9
(b) any supporting material for the application; and 10
(c) any relevant community comments on the application.'. 11
of new pt 3, div 8 and div 9 hdg 12
Insertion
Clause 42. After section 85-- 13
insert-- 14
8--Increase of approved hours of gaming 15
`Division
to increase approved hours of gaming 16
`Application
`85A.(1) A licensee may apply to have the approved hours of gaming for 17
licensed premises of the licensee increased. 18
`(2) A proposed change to the approved hours of gaming for licensed 19
premises is taken to be an increase if the change would allow the conduct of 20
gaming on the licensed premises at a time when gaming was previously 21
unlawful (even though the change might reduce aggregate hours of gaming 22
or leave the aggregate unchanged). 23
`(3) An application must-- 24
(a) be in the approved from; and 25
(b) be given to the chief executive; and 26
(c) be signed in the same way as an application for a gaming machine 27
s 42 38 s 42
Gambling Legislation Amendment
licence is required to be signed;8 and 1
(d) if the licensee's gaming machine licence relates to 2 or more 2
premises--state the premises to which the application relates; and 3
(e) state the hours of gaming for which approval is sought. 4
by chief executive about increase application 5
`Recommendation
`85B.(1) The chief executive must-- 6
(a) consider an increase application received by the chief executive; 7
and 8
(b) after considering the application--make a recommendation to the 9
commission about the application.9 10
`(2) The recommendation must be a recommendation that-- 11
(a) approval for the increase sought in the application be given; or 12
(b) approval be given for an increase that is less than the increase 13
sought in the application; or 14
(c) approval for an increase be refused. 15
`(3) In considering an increase application, the chief executive may, by 16
written notice given to the applicant, require the applicant, within a 17
reasonable time stated in the notice, to give the chief executive further 18
information or a document that is necessary and reasonable to help the chief 19
executive make a recommendation. 20
`(4) The chief executive may recommend that approval for an increase be 21
refused if the applicant fails to comply with a requirement of the chief 22
executive under subsection (3) without a reasonable excuse. 23
`(5) The chief executive is not required to make a recommendation about 24
an increase application under this section if the commission has delegated its 25
powers under section 85C in relation to the application to the chief 26
executive. 27
8 See section 56(5)(b) and (c) and (7).
9 Section 89D sets out matters to which the chief executive must, or may, have
regard in making a recommendation about an increase application.
s 42 39 s 42
Gambling Legislation Amendment
on increase application 1
`Decision
`85C.(1) The commission may, in relation to an increase application-- 2
(a) approve the hours of gaming sought by the applicant; or 3
(b) approve an increase that differs from the increase sought by the 4
applicant; or 5
(c) refuse to approve an increase to the hours of gaming for the 6
licensed premises. 7
`(2) Before making its decision, the commission may, by written notice 8
given to the applicant, require the applicant, within a reasonable time stated 9
in the notice, to give the commission further information or a document that 10
is necessary and reasonable to help the commission make the decision. 11
`(3) In making its decision, the commission must have regard to any 12
recommendation of the chief executive about the application.10 13
`(4) The commission may refuse to approve an increase if the applicant, 14
without a reasonable excuse, fails to comply with-- 15
(a) a requirement of the chief executive under section 85B(3); or 16
(b) a requirement of the commission under subsection (2). 17
`(5) If the commission approves an increase as sought by the licensee, 18
the chief executive must immediately give written notice of the decision to 19
the licensee. 20
`(6) If the commission refuses to approve an increase, or approves an 21
increase that differs from the increase sought in the application, the chief 22
executive must immediately give the licensee an information notice for the 23
decision. 24
to be taken into account for increase application 25
`Matters
`85D.(1) This section applies to the chief executive in making a 26
recommendation to the commission about an increase application. 27
`(2) This section also applies to the commission in deciding an 28
10 Section 85D sets out other matters to which the commission must, or may, have
regard in deciding an increase application.
s 43 40 s 44
Gambling Legislation Amendment
increase application. 1
`(3) The chief executive and the commission must have regard to-- 2
(a) the increase in approved hours of gaming sought in the 3
application; and 4
(b) any supporting material for the application; and 5
(c) any relevant community comments on the application. 6
`(4) The chief executive and the commission also may have regard to-- 7
(a) the hours and days when the licensed premises are open for the 8
sale of liquor; and 9
(b) any other matters the chief executive or the commission considers 10
relevant. 11
9--Decrease of approved number of gaming machines'. 12
`Division
of s 88 (Decision on decrease proposal) 13
Amendment
Clause 43. Section 88(5)-- 14
omit, insert-- 15
`(5) If the commission approves a decrease in the approved number of 16
gaming machines for licensed premises of a licensee, the chief executive 17
must approve the way in which the gaming machines subject to the decrease 18
may be disposed of.'. 19
of s 90 (Surrender or disposal of gaming machines on 20
Amendment
approval of decrease) 21
Clause 44. Section 90(2), (3) and (4)-- 22
omit, insert-- 23
`(2) The licensee must, within the required time, dispose of the number 24
s 45 41 s 45
Gambling Legislation Amendment
of gaming machines stated for the decrease.11 1
`(3) For subsection (2), the required time for disposing of the gaming 2
machines is-- 3
(a) the period ending 1 month after the licensee receives notice of the 4
decision approving the decrease; or 5
(b) if the chief executive extends, or further extends, the period for 6
taking the action, by written notice given to the licensee in the 7
period or extended period--the period as extended.'. 8
of new pt 3, div 10 and div 11 hdg 9
Insertion
Clause 45. After section 90-- 10
insert-- 11
10--Decrease of approved hours of gaming 12
`Division
to decrease approved hours of gaming 13
`Proposals
`90A.(1) A licensee may apply to have the approved hours of gaming for 14
licensed premises of the licensee decreased. 15
`(2) An approved authority may request that the approved hours of 16
gaming for licensed premises of a licensee be decreased. 17
`(3) An inspector may make a report-- 18
(a) relating to a material change affecting a licensee that has happened 19
since the licensee was granted a gaming machine licence; and 20
(b) recommending that the approved hours of gaming for the 21
licensee's licensed premises be decreased. 22
`(4) An application, request or report must-- 23
(a) be in writing; and 24
(b) be given to the chief executive; and 25
11 This subsection does not deal with the issue of the disposal of gaming machines
contrary to an approval. However, in this regard, see sections 265 (Manufacture,
sale, supply, obtaining or possession of gaming machines) and 277 (Destruction
of gaming machines).
s 45 42 s 45
Gambling Legislation Amendment
(c) state the hours of gaming that would apply to the licensed 1
premises if the decrease were to be approved. 2
`(5) For subsection (3), a change is a material change affecting a licensee 3
if the change is-- 4
(a) a general change of conditions in the neighbourhood in which the 5
licensee's licensed premises are situated; or 6
(b) a change in the licensee's circumstances; or 7
(c) a change in any of the matters to which the chief executive or the 8
commission is authorised to have regard in fixing the hours of 9
gaming for the licensed premises.12 10
by chief executive about decrease proposal (hours 11
`Recommendation
of gaming) 12
`90B.(1) The chief executive must-- 13
(a) consider a decrease proposal (hours of gaming) received by the 14
chief executive; and 15
(b) after considering the proposal--make a recommendation to the 16
commission about the proposal.13 17
`(2) The recommendation must be a recommendation that-- 18
(a) approval for the decrease sought or recommended in the proposal 19
be given; or 20
(b) approval be given for a decrease that is less than the decrease 21
sought or recommended in the proposal; or 22
(c) approval for a decrease be refused. 23
`(3) If the decrease proposal (hours of gaming) is a request or a report, 24
the chief executive must, before making a recommendation-- 25
(a) by written notice given to the licensee affected by the proposal, 26
12 See section 60(3) (Basis on which number of gaming machines to be installed in
premises and hours of gaming are to be decided).
13 Section 90D sets out the matters to which the chief executive must, or may,
have regard in making a recommendation about a decrease proposal (hours of
gaming).
s 45 43 s 45
Gambling Legislation Amendment
advise the licensee of the relevant details of the proposal; and 1
(b) by the notice, invite the licensee to make a written submission 2
about the proposal within a reasonable time stated in the notice; 3
and 4
(c) consider any written submission of the licensee received by the 5
chief executive within the time stated in the notice. 6
`(4) The chief executive's recommendation must be accompanied by any 7
submission required to be considered by the chief executive under 8
subsection (3)(c). 9
`(5) If the commission has delegated its powers under section 90C in 10
relation to a decrease proposal (hours of gaming) to the chief executive, the 11
chief executive-- 12
(a) is not required to make a recommendation about the proposal 13
under this section; but 14
(b) must take the action mentioned in subsection (3) as if the chief 15
executive were dealing with the proposal for making a 16
recommendation under this section. 17
on decrease proposal (hours of gaming) 18
`Decision
`90C.(1) The commission may, in relation to a decrease proposal (hours 19
of gaming)-- 20
(a) approve the proposal without modification; or 21
(b) modify the proposal and approve the proposal as modified by the 22
commission; or 23
(c) refuse to approve the proposal. 24
`(2) In making its decision, the commission must have regard to-- 25
(a) any recommendation of the chief executive about the decrease 26
proposal (hours of gaming); and 27
(b) any submission accompanying the recommendation. 28
`(3) If the decrease proposal (hours of gaming) is an application, the 29
commission-- 30
(a) must not refuse to approve a decrease if the refusal is likely to 31
s 45 44 s 45
Gambling Legislation Amendment
impose an unreasonable financial burden on the licensee; and 1
(b) may not approve a decrease that is greater than the decrease 2
sought in the application. 3
`(4) If the decrease proposal (hours of gaming) is a request or report, the 4
commission may not approve a decrease if the approval is likely to impose 5
an unreasonable financial burden on the licensee. 6
`(5) The chief executive must immediately give written notice of a 7
decision of the commission under subsection (1) to the licensee if-- 8
(a) the decision relates to an application and is a decision approving 9
the decrease as sought in the application; or 10
(b) the decision relates to a request or report and is a decision refusing 11
to approve a decrease. 12
`(6) The chief executive must immediately give the licensee an 13
information notice for a decision of the commission under subsection (1) 14
if-- 15
(a) the decision relates to an application and is a decision-- 16
(i) refusing to approve a decrease; or 17
(ii) approving a decrease that differs from the decrease sought in 18
the application; or 19
(b) the decision relates to a request or report and is a decision 20
approving a decrease. 21
to be taken into account for decrease proposal (hours of 22
`Matters
gaming) 23
`90D.(1) This section applies to the chief executive in making a 24
recommendation to the commission about a decrease proposal (hours of 25
gaming). 26
`(2) This section also applies to the commission in deciding a decrease 27
proposal (hours of gaming). 28
`(3) The chief executive and the commission must have regard to the 29
decrease sought or recommended in the proposal. 30
`(4) The chief executive and the commission also may have regard to the 31
s 46 45 s 48
Gambling Legislation Amendment
following matters-- 1
(a) the public interest; 2
(b) whether or not there are any other licensed premises in close 3
proximity to the licensed premises to which the decrease proposal 4
(hours of gaming) relates (the "subject premises"); 5
(c) the interests of persons using the subject premises; 6
(d) if the licensee of the subject premises is a category 2 licensee-- 7
(i) the interest of the members of the licensee; and 8
(ii) whether or not the members have indicated support for a 9
decrease in the approved hours of gaming for the premises. 10
11--Relocation of gaming machine areas'. 11
`Division
of new pt 3, div 12 hdg 12
Insertion
Clause 46. Before section 92-- 13
insert-- 14
`Division 12--Disclosure and investigations'. 15
of new pt 3, div 13 hdg 16
Insertion
Clause 47. Before section 95-- 17
insert-- 18
`Division 13--Surrender, suspension, cancellation etc.'. 19
of s 95 (Surrender of gaming machine licences) 20
Amendment
Clause 48.(1) Section 95(5)-- 21
omit, insert-- 22
`(5) As soon as practicable after receiving the documents mentioned in 23
subsection (1), the chief executive must, by written notice given to the 24
licensee, approve the way in which the gaming machines may be disposed 25
of.'. 26
s 49 46 s 51
Gambling Legislation Amendment
(2) Section 95(11), definition "clearance day"-- 1
omit, insert-- 2
` "clearance day", for the surrender of a gaming machine licence, means 3
the day on which the chief executive becomes satisfied that the licensee 4
has disposed of the gaming machines for the surrender.'. 5
of s 97 (Cancellation or suspension of gaming machine 6
Amendment
licences and letters of censure) 7
Clause 49. Section 97(1)(a)(iii)-- 8
omit, insert-- 9
`(iii) acquires, installs, locates, relocates or uses any gaming 10
machine on the licensed premises contrary to this Act; or'. 11
of s 104 (Recovery or disposal of gaming machines and 12
Amendment
other property on cancellation or non-renewal of gaming machine 13
licence) 14
Clause 50. Section 104(2) and (3)-- 15
omit, insert-- 16
`(3) The chief executive must, by written notice given to the person who 17
held the licence, immediately approve the way in which the gaming 18
machines may be disposed of.'. 19
of s 109 (Continuance of licences in certain 20
Replacement
circumstances) 21
Clause 51. Section 109-- 22
omit, insert-- 23
authorisation to conduct gaming 24
`Special
`109.(1) This section applies if-- 25
(a) a person holds licences under the Liquor Act 1992 and this Act 26
for the same premises; and 27
(b) a person applies under the Liquor Act 1992, part 5, division 2 for 28
s 52 47 s 52
Gambling Legislation Amendment
authorisation to conduct the business of a licensee under that Act 1
on the premises. 2
`(2) The applicant must give a copy of the application to the chief 3
executive. 4
`(3) If a person (the "substitute licensee") is authorised under the 5
Liquor Act 1992, part 5, division 2 to conduct the business of a licensee 6
under that Act on the premises,14 the chief executive may grant a concurrent 7
authorisation to the substitute licensee under this section. 8
`(4) While an authorisation under this section remains in force, the 9
substitute licensee-- 10
(a) is authorised to conduct gaming on the licensed premises as if the 11
substitute licensee were the licensee under the gaming machine 12
licence; and 13
(b) is subject to all the liabilities of the licensee under the gaming 14
machine licence. 15
`(5) An authorisation under this section is terminated if-- 16
(a) the chief executive gives written notice of termination to the 17
substitute licensee; or 18
(b) the authorisation under the Liquor Act 1992 is revoked or comes 19
to an end.'. 20
of s 139 (Grounds for suspension or cancellation) 21
Amendment
Clause 52.(1) Section 139(1)(c)-- 22
omit, insert-- 23
`(ba)is required to comply with any written direction given to the 24
licensee or associate by the commission or chief executive, and 25
fails to comply with the direction; or 26
(bb) is required under this Act to supply information or material to the 27
commission, the chief executive or an inspector, and fails to 28
supply the information or material or supplies information or 29
14 See Liquor Act 1992, section 131A (Decision by chief executive on application
to continue trading in certain circumstances).
s 53 48 s 53
Gambling Legislation Amendment
material that, to the knowledge of the licensee or associate, is false 1
or misleading in a material particular; or 2
(c) contravenes a provision of this Act (not being a provision a 3
contravention of which is an offence against this Act, or a 4
provision imposing a requirement of a kind mentioned in 5
paragraph (ba) or (bb)); or'. 6
(2) Section 139(1)(d), `associates'-- 7
omit, insert-- 8
`associate's'. 9
of s 168 (Notices about keeping monitoring records) 10
Amendment
Clause 53. Section 168(1)-- 11
omit, insert-- 12
`168.(1) The chief executive may, by written notice given to a licensed 13
supplier-- 14
(a) approve, as a place at which the supplier may keep the supplier's 15
monitoring records, a place, other than the supplier's main office, 16
nominated by the supplier; or 17
(b) specify a monitoring record of the supplier (an "exempt record") 18
that may be kept at a place that is not an approved place for the 19
keeping of the record; or 20
(c) specify a monitoring record of the supplier that may be kept 21
temporarily at a place (a "holding place") that is not an approved 22
place for the keeping of the record, and the period for which, or 23
the circumstances in which, the record may be kept at the holding 24
place; or 25
(d) approve the keeping of information contained in a monitoring 26
record of the supplier in a way different from the way the 27
information was originally kept; or 28
(e) approve the destruction of a monitoring record the chief executive 29
considers need not be kept.'. 30
s 54 49 s 56
Gambling Legislation Amendment
of s 169 (Places at which monitoring records to be kept) 1
Replacement
Clause 54. Section 169-- 2
omit, insert-- 3
at which monitoring records to be kept 4
`Places
`169.(1) A licensed supplier must keep the supplier's monitoring records 5
at a place that is an approved place for the keeping of the records. 6
Maximum penalty--40 penalty units. 7
`(2) Subsection (1) does not apply to an exempt monitoring record.'. 8
of s 170 (Period for which monitoring records to be kept) 9
Amendment
Clause 55. Section 170(1) and (2)-- 10
omit, insert-- 11
`170.(1) A licensed supplier must keep a monitoring record of the 12
supplier for 5 years after the end of the transaction to which the record 13
relates. 14
Maximum penalty--40 penalty units. 15
`(2) Subsection (1) does not apply to a monitoring record if-- 16
(a) the information previously contained in the record is kept in 17
another way under an approval of the chief executive; or 18
(b) the record has been destroyed under an approval of the chief 19
executive.'. 20
of s 195 (Nominees of licensees) 21
Amendment
Clause 56. Section 195(3)-- 22
omit, insert-- 23
`(3) A licensee's nominee must, for the licensed premises for which the 24
nominee is the licensee's nominee, ensure the conduct of gaming is in 25
accordance with the authority conferred by the licensee's gaming machine 26
licence. 27
Maximum penalty for subsection (3)--200 penalty units.'. 28
s 57 50 s 58
Gambling Legislation Amendment
of s 200 (Recommendation by chief executive about 1
Amendment
applications) 2
Clause 57. Section 200(5)-- 3
insert-- 4
`(f) whether the applicant has, or is able to obtain, the services of 5
persons with appropriate business ability, knowledge or 6
experience to enable the applicant to conduct operations 7
successfully under a licence of the kind to which the application 8
relates.'. 9
of s 229 (Advertising gaming) 10
Replacement
Clause 58. Section 229-- 11
omit, insert-- 12
related to gaming 13
`Advertisements
`229.(1) This section applies to an advertisement about-- 14
(a) gaming; or 15
(b) the conduct of gaming; or 16
(c) the manufacture, assembly, sale, supply, installation, alteration, 17
obtaining, possession, operation, use, adjustment, maintenance or 18
repair of gaming equipment. 19
`(2) A person who publishes, or authorises the publication of, an 20
advertisement to which this section applies must take reasonable steps to 21
ensure the advertisement-- 22
(a) is not indecent or offensive; and 23
(b) is based on fact; and 24
(c) is not false, deceptive or misleading in a material particular.'. 25
s 59 51 s 61
Gambling Legislation Amendment
of s 230 (Directions about advertising) 1
Amendment
Clause 59. Section 230(1)-- 2
omit, insert-- 3
`230.(1) If the chief executive reasonably believes an advertisement to 4
which section 229 applies does not comply with that section, the chief 5
executive may direct the person appearing to be responsible for authorising 6
the advertisement to take appropriate steps-- 7
(a) to stop publication of the advertisement; or 8
(b) to change the advertisement.'. 9
of s 235 (Hours of gaming) 10
Amendment
Clause 60.(1) Section 235(a)-- 11
omit, insert-- 12
`(a) outside the hours of gaming fixed for the licensed premises by the 13
commission; or'. 14
(2) Section 235-- 15
insert-- 16
`(2) The hours of gaming fixed for licensed premises can not extend to 17
any time when, under the liquor licence relating to the premises, liquor is 18
not permitted to be consumed in the licensed premises.'. 19
of s 238 (Licensees or employees not to extend credit) 20
Amendment
Clause 61. Section 238-- 21
insert-- 22
`(3) If a cash advance is made to a person in circumstances where a 23
licensee or an employee of a licensee knows, or ought reasonably to know, 24
that the person intends to use the cash advance for gaming, the licensee or 25
employee must not represent that the cash advance was made for some 26
other purpose. 27
Maximum penalty for subsection (3)--200 penalty units.'. 28
s 62 52 s 62
Gambling Legislation Amendment
of new s 242A 1
Insertion
Clause 62. After section 242-- 2
insert-- 3
payments 4
`Unclaimed
`242A.(1) If a person entitled to a non-monetary payment in relation to 5
playing a gaming machine does not collect the payment within 3 months 6
after the person becomes entitled to the payment, the relevant person may-- 7
(a) dispose of the payment by public auction or tender or in some 8
other way approved by the chief executive; and 9
(b) pay for the disposal from the proceeds of sale. 10
`(2) Also, the relevant person must deal with any amount remaining 11
from the proceeds of sale as required under subsection (4). 12
Maximum penalty--100 penalty units. 13
`(3) If a person is entitled to a monetary payment in relation to playing a 14
gaming machine and the amount is not paid within 3 months after the 15
person becomes entitled to the payment, the relevant person must, within 16
14 days after the end of the 3 months, deal with the amount as required 17
under subsection (4). 18
Maximum penalty--100 penalty units. 19
`(4) The relevant person must, for an amount mentioned in 20
subsection (2) or (3)-- 21
(a) if the relevant person knows who is entitled to receive the amount 22
and the person's whereabouts--pay the amount to the person; or 23
(b) if the relevant person knows who is entitled to receive the amount, 24
but the relevant person does not know the person's 25
whereabouts--pay the amount into the designated departmental 26
account; or 27
(c) if the relevant person does not know who is entitled to receive the 28
amount--pay the amount into the designated departmental 29
account. 30
`(5) In this section-- 31
"designated departmental account" means a departmental financial 32
s 63 53 s 64
Gambling Legislation Amendment
institution account of the department designated under a regulation as 1
the account to which payments are to be made under subsection (4)(b) 2
or (c). 3
"payment" does not include promotions. 4
"relevant person" means-- 5
(a) for a multiple site linked jackpot arrangement--the licensed 6
operator; or 7
(b) otherwise--the licensee.'. 8
of s 245 (Notices and reports about payout refusal 9
Amendment
decisions) 10
Clause 63.(1) Section 245(3), penalty, `for subsection (3)'-- 11
omit. 12
(2) Section 245-- 13
insert-- 14
`(4) However, the involved licensee is not required to give a copy of the 15
report to the involved licensed monitoring operator if the involved licensee 16
overrules the decision of the gaming employee.'. 17
of s 249 (Effect of reviews on payout refusal decisions) 18
Amendment
Clause 64.(1) Section 249(1)(b)-- 19
omit, insert-- 20
`(b) this Act applies to the responsible licensed person in relation to 21
the displayed win to which the payout refusal decision related as if 22
the decision had not been made.'. 23
(2) Section 249(2)(b)-- 24
omit, insert-- 25
`(b) this Act applies to the responsible licensed person in relation to 26
the displayed win to which the payout refusal decision related as if 27
the decision had not been made.'. 28
s 65 54 s 65
Gambling Legislation Amendment
(3) Section 249-- 1
insert-- 2
`(4) In this section-- 3
"responsible licensed person" means-- 4
(a) if the relevant gaming machine is not part of a multiple site linked 5
jackpot arrangement for which a licensed monitoring operator has 6
an approval for its operation under section 28715--the licensee of 7
the licensed premises on which the gaming machine is installed; 8
or 9
(b) if the relevant gaming machine is part of a multiple site linked 10
jackpot arrangement for which a licensed monitoring operator has 11
an approval for its operation under section 287--the licensed 12
monitoring operator who has the approval for the operation of the 13
arrangement.'. 14
of s 265 (Manufacture, sale, supply, obtaining or 15
Amendment
possession of gaming machines) 16
Clause 65.(1) Section 265(2), (3) and (4)-- 17
omit, insert-- 18
`(2) A person must not, except with the chief executive's written 19
approval-- 20
(a) buy or otherwise acquire a gaming machine; or 21
(b) sell or otherwise dispose of a gaming machine; or 22
(c) be in possession of a gaming machine. 23
Maximum penalty--200 penalty units.'. 24
(2) Section 265(13)-- 25
omit, insert-- 26
`(13) In this section-- 27
"lease" includes-- 28
15 Section 287 (Requirements for approvals for linked jackpot arrangements)
s 66 55 s 67
Gambling Legislation Amendment
(a) a hire-purchase agreement under the Hire-purchase Act 1959; or 1
(b) any other contractual bailment.'. 2
of new s 265A 3
Insertion
Clause 66. After section 265-- 4
insert-- 5
with gaming equipment etc. by monitoring operators and 6
`Dealing
approved financiers 7
`265A.(1) A licensed monitoring operator or an approved financier is 8
authorised to-- 9
(a) obtain and be in possession of gaming machines, linked jackpot 10
equipment and restricted components; and 11
(b) sell or supply, on written order, gaming machines, linked jackpot 12
equipment or restricted components to a person in another State 13
or Territory or a country where possession of the gaming 14
machines, linked jackpot equipment or restricted components by 15
that person is lawful. 16
`(2) A licensed monitoring operator is also authorised to manufacture 17
linked jackpot equipment.'. 18
of s 267 (Possession etc. of gaming machines and 19
Amendment
restricted components by by licensed major dealers) 20
Clause 67.(1) Section 267, heading, `by by' 21
omit, insert-- 22
`by'. 23
(2) Section 267(1)(b)(i)-- 24
omit, insert-- 25
`(i) gaming machines or linked jackpot equipment to a licensed 26
major dealer; and'. 27
s 68 56 s 70
Gambling Legislation Amendment
(3) Section 267(1)(b)(iii)-- 1
omit, insert-- 2
`(iii) linked jackpot equipment or restricted components to a 3
licensed service contractor, licensed repairer or other person 4
authorised under this Act to obtain and be in possession of 5
the equipment or components; and'. 6
(4) Section 267-- 7
insert-- 8
`(2A) An application for the approval of premises must be made in the 9
way prescribed under a regulation.'. 10
of s 271 (Possession etc. of gaming machines and 11
Amendment
restricted components by licensees) 12
Clause 68. Section 271(1)(c)-- 13
omit, insert-- 14
`(c) supply restricted components to-- 15
(i) another licensee; or 16
(ii) another person authorised under this Act to obtain and be in 17
possession of the restricted components.'. 18
of ss 278280 19
Omission
Clause 69. Sections 278, 279 and 280-- 20
omit. 21
of s 281 (Approval and rejection of gaming machines and 22
Amendment
games) 23
Clause 70. Section 281(1)-- 24
omit. 25
s 71 57 s 73
Gambling Legislation Amendment
of s 283 (Changes to percentage returns) 1
Amendment
Clause 71. Section 283-- 2
insert-- 3
`(2A) If-- 4
(a) a gaming machine (the "new machine") is installed on licensed 5
premises; and 6
(b) the gaming machine has the same game and betting unit as 7
another gaming machine (the "old machine") previously 8
installed on the licensed premises; and 9
(c) the percentage return to players differs between the new machine 10
and the old machine; 11
the licensee is taken to have changed the percentage return to players under 12
subsection (1) for the new machine.'. 13
of s 284 (Withdrawal of approval of gaming machine 14
Amendment
types and games) 15
Clause 72. Section 284(1)(a)-- 16
omit, insert-- 17
`(a) the person who submitted the gaming machine type or game 18
under section 281; and'. 19
of s 305 (Associated documents for audit report for 20
Amendment
category 2 licensee) 21
Clause 73.(1) Section 305, heading-- 22
omit, insert-- 23
`Community benefit statement and other associated documents for 24
audit report for category 2 licensee'. 25
(2) Section 305(1)(d)-- 26
omit, insert-- 27
`(d) a copy of any balance sheet, financial statement, auditor's report 28
or other statement or report, relating to the licensee's annual 29
s 73 58 s 73
Gambling Legislation Amendment
general meeting for the financial year; and 1
(e) if the licensee operates more than a number of gaming machines 2
fixed for this paragraph under a regulation--a community benefit 3
statement detailing all financial contributions made, and other 4
support given, during the financial year to charitable, sporting, 5
recreational and other community associations and initiatives.'. 6
(3) Section 305-- 7
insert-- 8
`(1A) The profit and loss statement to be given to the chief executive 9
under subsection (1)(c)-- 10
(a) must distinguish between revenue received from the sale of liquor 11
for consumption on the licensed premises and the revenue 12
received from the sale of liquor for consumption off the licensed 13
premises; and 14
(b) must comply with any other reasonable requirements notified in 15
writing to the licensee by the chief executive.'. 16
(4) Section 305(6), definition "general operations"-- 17
omit, insert-- 18
` "general operations", of a licensee, means operations conducted by the 19
licensee-- 20
(a) under the licensee's gaming machine licence; or 21
(b) in relation to the conduct of-- 22
(i) keno games under a keno licence; or 23
(ii) wagering under the Wagering Act 1998; or 24
(iii) general gaming operations under the Charitable and 25
Non-Profit Gaming Act 1999; or 26
(c) relating to the supply of-- 27
(i) liquor and other beverages; and 28
(ii) food.'. 29
s 74 59 s 76
Gambling Legislation Amendment
of s 306 (Further information about audit report or 1
Amendment
associated documents) 2
Clause 74.(1) Section 306(3)(a)-- 3
omit, insert-- 4
`(a) the matter relates to the person's general operations; and'. 5
(2) Section 306-- 6
insert-- 7
`(7) In this section-- 8
"general operations" has the same meaning as in section 305.'. 9
of s 311 (Monthly fees) 10
Omission
Clause 75. Section 311-- 11
omit. 12
of ss 314316 13
Replacement
Clause 76. Sections 314 to 316-- 14
omit, insert-- 15
investment fund 16
`Community
`314.(1) The community investment fund is established. 17
`(2) Each month, the Minister must pay into the fund a percentage of all 18
gaming machine tax for the previous month paid to the chief executive by 19
all licensees. 20
`(3) The amounts paid into the fund are administered receipts. 21
`(4) The percentage mentioned in subsection (2) is the percentage 22
prescribed under a regulation. 23
community benefit fund 24
`Gambling
`315.(1) The gambling community benefit fund is established. 25
`(2) The amounts paid into the fund are administered receipts. 26
s 77 60 s 78
Gambling Legislation Amendment
Community Benefit Committee 1
`Gambling
`316. The Minister responsible for the administration of the gambling 2
community benefit fund-- 3
(a) must establish a committee called the Gambling Community 4
Benefit Committee; and 5
(b) may decide-- 6
(i) the membership of the committee; and 7
(ii) how it is to operate.'. 8
of s 317 (Payment of monthly fees, taxes etc.) 9
Amendment
Clause 77.(1) Section 317, heading-- 10
omit, insert-- 11
`Payment of taxes etc.'. 12
(2) Section 317(1)-- 13
omit, insert-- 14
`317.(1) Subject to subsections (2) and (3), a licensee must ensure that 15
the chief executive receives on or before the day prescribed for each month 16
an amount not less than the total amount of-- 17
(a) the monthly gaming tax payable by the licensee; and 18
(b) any penalty payable by the licensee under section 319 on or before 19
that day; and 20
(c) any gaming tax or penalty payable by the licensee and remaining 21
unpaid at the end of the day, prescribed under a regulation, of the 22
preceding month.'. 23
(3) Section 317(4), `monthly fees,'-- 24
omit. 25
of s 322 (Disposition of fees etc.) 26
Amendment
Clause 78.(1) Section 322(2), `monthly fee,'-- 27
omit. 28
s 79 61 s 79
Gambling Legislation Amendment
(2) Section 322(3), `monthly fees,'-- 1
omit. 2
(3) Section 322(5) and (6)-- 3
omit, insert-- 4
`(5) The Minister may cause amounts to be paid out of the community 5
investment fund for-- 6
(a) gambling research and dealing with social issues arising from 7
gambling (including research into the effectiveness of responsible 8
gambling initiatives); and 9
(b) the gambling community benefit fund; and 10
(c) programs of State-wide significance, including job creation, 11
community renewal and crime prevention. 12
`(6) The Minister may, having regard to the recommendation of the 13
Gambling Community Benefit Committee, cause amounts to be paid out of 14
the gambling community benefit fund for the benefit of the community. 15
`(7) Amounts may be paid under subsection (4), (5) or (6) without 16
further appropriation. '. 17
of s 323 (Adjustment of monthly fees etc. in certain 18
Amendment
circumstances) 19
Clause 79.(1) Section 323, heading-- 20
omit, insert-- 21
`Adjustment of assessment in certain circumstances'. 22
(2) Section 323, `monthly fees,'-- 23
omit. 24
s 80 62 s 81
Gambling Legislation Amendment
of s 324 (Recovery of fees and taxes) 1
Amendment
Clause 80.(1) Section 324, heading-- 2
omit, insert-- 3
`Recovery of taxes and penalties'. 4
(2) Section 324(1), `monthly fees,'-- 5
omit. 6
of s 327 (Directions to licensees and operators) 7
Replacement
Clause 81. Section 327-- 8
omit, insert-- 9
10
`Directions
`327.(1) The commission or the chief executive may, by written notice, 11
give directions to-- 12
(a) a licensee about the conduct of gaming or the administration of 13
the licensee's licensed premises; or 14
(b) a licensed monitoring operator about the conduct of gaming or 15
supplying basic monitoring services to a licensee; or 16
(c) a licensed major dealer or licensed secondary dealer about the 17
manufacture, assembly, sale, supply, installation, alteration, 18
obtaining, possession, operation, use, adjustment, maintenance or 19
repair of gaming equipment; or 20
(d) a licensed service contractor or licensed repairer about the 21
installation, alteration, adjustment, maintenance or repair of 22
gaming equipment; or 23
(e) any other person who holds a licence or authority under this Act 24
about the conduct of gaming. 25
`(2) A person to whom a notice is given must comply with the directions 26
of the commission or the chief executive under subsection (1). 27
Maximum penalty--200 penalty units. 28
`(3) If a person who has been convicted of an offence of failing to 29
comply with directions given under subsection (1), continues to fail to so 30
s 82 63 s 84
Gambling Legislation Amendment
comply, the person commits an offence against this Act. 1
Maximum penalty for subsection (3)--20 penalty units for each day on 2
which the failure continues.'. 3
of s 356 (Proceedings for offences) 4
Amendment
Clause 82. Section 356(8)-- 5
omit, insert-- 6
`(8) In this section-- 7
"serious offence" means an offence against section 102, 227(1), 265(1) or 8
(8), 267(3), 268(2), 271(2), 286(1) or (2), 287(8), 290(1) or (2), 9
291(1), (3) or (4), 292(1), 294(1) or (3), 325, 346, 349 or 350.'. 10
of s 362 (Disclosure of criminal history) 11
Amendment
Clause 83.(1) Section 362(a), `49(2) or (4)'-- 12
omit, insert-- 13
`an investigation under section 49'. 14
(2) Section 362(d), (e) and (f)-- 15
omit, insert-- 16
`(d) is required to submit information or material, or additional 17
information or material, under section 49(4), 57(2), 58(1), 93(2), 18
200(2), 201(2) or 213(1);'. 19
of new pt 12, div 4 20
Insertion
Clause 84. After section 391-- 21
insert-- 22
`Division 4--Provisions for Gambling Legislation Amendment Act 2000 23
gaming machine licences to lapse 24
`Certain
`392.(1) This section applies to a gaming machine licence granted before 25
13 December 1999. 26
s 84 64 s 84
Gambling Legislation Amendment
`(2) If the licensee under a gaming machine licence to which this section 1
applies has not started to conduct gaming on the licensed premises by 2
13 December 2000, the gaming machine licence lapses. 3
`(3) If the licensee under a gaming machine licence to which this section 4
applies has started to conduct gaming on the licensed premises by 5
13 December 2000, but the full number of gaming machines approved for 6
the licensed premises have not been installed, the number of gaming 7
machines approved for the licensed premises is (subject to an increase or 8
decrease on application under this Act) taken to be the number installed on 9
that date. 10
approvals to lapse 11
`Certain
`393.(1) This section applies to an approval given by the commission 12
before 28 July 1999 for an increase in the number of gaming machines 13
installed on licensed premises. 14
`(2) If, by the relevant date, no additional gaming machines have been 15
installed under an approval to which this section applies, the approval 16
lapses. 17
`(3) If, by the relevant date, some but not all the additional gaming 18
machines approved under an approval to which this section applies have 19
been installed, the approval is taken to be an approval for an increase in the 20
number of gaming machines to the number installed by that date and to 21
authorise the installation of no further gaming machines. 22
`(4) The commission may fix a date falling after 1 September 2000 as the 23
relevant date for particular licensed premises if satisfied there is good reason 24
to allow a deferment of the date in the case of the relevant licensed premises. 25
`(5) In this section-- 26
"relevant date" means-- 27
(a) 1 September 2000; or 28
(b) for licensed premises for which the commission has fixed a later 29
date under subsection (4)--the later date. 30
s 84 65 s 84
Gambling Legislation Amendment
of gaming for existing licences 1
`Hours
`394.(1) This section applies to a gaming machine licence granted before 2
1 September 2000. 3
`(2) It is to be presumed that, on 1 September 2000, hours of gaming 4
were fixed for the licensed premises to which the licence relates that are the 5
same as the hours during which liquor is permitted, under the liquor licence 6
relating to the premises, to be consumed in the licensed premises. 7
of charities and rehabilitation benefit fund 8
`Closure
`395.(1) On the commencement, the charities and rehabilitation benefit 9
fund is closed. 10
`(2) On the closure of the fund, it ceases to exist and all public moneys 11
standing to the credit of the fund immediately before the commencement are 12
controlled receipts of the families department. 13
`(3) Despite the closure of the fund, entries may be made in the accounts 14
for the fund for transactions completed before the commencement. 15
`(4) In this section-- 16
"commencement" means the commencement of this section. 17
"controlled receipt" see Financial Administration and Audit Act 1977, 18
section 4(2). 19
"families department" means the department within which the fund was 20
administered immediately before the commencement. 21
"public moneys" see Financial Administration and Audit Act 1977, 22
schedule 3. 23
of appointments of members of Gaming Machine Community 24
`Saving
Benefit Committee 25
`396.(1) This section applies to the gaming machine community benefit 26
committee established immediately before the commencement of this 27
section (the "previous committee"). 28
`(2) The previous committee continues in existence as the gambling 29
community benefit committee (the "new committee") and each member of 30
s 85 66 s 86
Gambling Legislation Amendment
the previous committee is taken to properly hold office as a member of the 1
new committee. 2
`(3) Subject to the Act, the term of the person's appointment is the 3
balance of the term for which the person held office immediately before the 4
commencement.'. 5
PART 5--AMENDMENT OF INTERACTIVE 6
GAMBLING (PLAYER PROTECTION) ACT 1998 7
amended in pt 5 8
Act
Clause 85. This part amends the Interactive Gambling (Player Protection) 9
Act 1998. 10
of s 3 (Objects) 11
Replacement
Clause 86. Section 3-- 12
omit, insert-- 13
14
`Object
`3.(1) The overarching object of this Act is to ensure that, on balance, the 15
State and the community as a whole benefit from interactive gambling. 16
`(2) The balance is achieved by allowing interactive gambling subject to a 17
system of regulation and control designed to protect players and the 18
community through-- 19
(a) ensuring the integrity and fairness of games; and 20
(b) ensuring the probity of those involved in the conduct of interactive 21
gambling; and 22
(c) minimising the potential for harm from interactive gambling. 23
`(3) Within the overarching object, the following objects are included-- 24
(a) to establish and maintain an appropriate system of regulation and 25
control for interactive gambling; 26
s 87 67 s 89
Gambling Legislation Amendment
(b) to provide protection for players of interactive games; 1
(c) to provide a basis for implementing an interjurisdictional 2
regulatory scheme for-- 3
(i) the reciprocal recognition between participating jurisdictions 4
of licences, authorisations and other administrative acts; and 5
(ii) the regulation and control of interactive gambling in the 6
participating jurisdictions on a cooperative basis; and 7
(iii) the sharing of tax derived from interactive gambling on an 8
equitable basis.'. 9
of sch 3 (Dictionary) 10
Amendment
Clause 87. Schedule 3-- 11
insert-- 12
` "interactive gambling" means gambling accessible from the home 13
involving interactive games in which the players participate by means 14
of the internet or through some other telecommunication medium.'. 15
ART 6--AMENDMENT OF KENO ACT 1996 16
P
amended in pt 6 17
Act
Clause 88. This part amends the Keno Act 1996. 18
of new s 1A 19
Insertion
Clause 89. After section 1-- 20
insert-- 21
22
`Object
`1A.(1) The object of this Act is to ensure that, on balance, the State and 23
the community as a whole benefit from keno gambling. 24
`(2) The balance is achieved by allowing keno gambling subject to a 25
s 90 68 s 91
Gambling Legislation Amendment
system of regulation and control designed to protect players and the 1
community through-- 2
(a) ensuring the integrity and fairness of games; and 3
(b) ensuring the probity of those involved in the conduct of keno 4
gambling; and 5
(c) minimising the potential for harm from keno gambling.'. 6
of s 113 (Application of keno tax and licence fee) 7
Replacement
Clause 90. Section 113-- 8
omit, insert-- 9
of keno tax and licence fee 10
`Application
`113.(1) The chief executive must deal with amounts received by way of 11
keno tax or keno licence fee as follows-- 12
(a) the proportions prescribed under a regulation are to be paid into a 13
fund established under a gaming Act as required under the 14
regulation; 15
(b) the balance is to be paid into the consolidated fund. 16
`(2) Amounts may be paid under subsection (1)(a) without further 17
appropriation.'. 18
of s 148 (Extending credit) 19
Amendment
Clause 91.(1) Section 148-- 20
insert-- 21
`(2A) If a cash advance is made to a person in circumstances where an 22
authorised keno operator or an employee of an authorised keno operator 23
knows, or ought reasonably to know, that the person intends to use the cash 24
advance to enable the person or another person to take part in an approved 25
keno game, the operator or employee must not represent that the cash 26
advance was made for some other purpose. 27
Maximum penalty--200 penalty units.'. 28
s 92 69 s 94
Gambling Legislation Amendment
(2) Section 148(3), `subsection (1) or (2)'-- 1
omit, insert-- 2
`subsection (1), (2) or (2A)'. 3
ART 7--AMENDMENT OF LIQUOR ACT 1992 4
P
amended in pt 7 5
Act
Clause 92. This part amends the Liquor Act 1992. 6
of s 151 (Unlawful betting or gaming) 7
Amendment
Clause 93.(1) Section 151(1)(a)(i)-- 8
omit, insert-- 9
`(i) one required for wagering by a general operator under the 10
Wagering Act 1998; or'. 11
(2) Section 151(1)(a)(iii)-- 12
omit, insert-- 13
`(iii) for conducting a game authorised under the Charitable and 14
Non-Profit Gaming Act 1999; or'. 15
ART 8--AMENDMENT OF LOTTERIES ACT 1997 16
P
amended in pt 8 17
Act
Clause 94. This part amends the Lotteries Act 1997. 18
s 95 70 s 96
Gambling Legislation Amendment
of new s 2A 1
Insertion
Clause 95. After section 2-- 2
insert-- 3
4
`Object
`2A.(1) The object of this Act is to ensure that, on balance, the State and 5
the community as a whole benefit from lotteries. 6
`(2) The balance is achieved by allowing lotteries subject to a system of 7
regulation and control designed to protect players and the community 8
through-- 9
(a) ensuring the integrity and fairness of games; and 10
(b) ensuring the probity of those involved in the conduct of lotteries; 11
and 12
(c) minimising the potential for harm from lotteries.'. 13
of new s 99A 14
Insertion
Clause 96. Part 5, after section 99-- 15
insert-- 16
of lottery tax 17
`Application
`99A.(1) The chief executive must deal with amounts received by way of 18
lottery tax as follows-- 19
(a) the proportions prescribed under a regulation are to be paid into a 20
fund established under a gaming Act as required under the 21
regulation; 22
(b) the balance is to be paid into the consolidated fund. 23
`(2) Amounts may be paid under subsection (1)(a) without further 24
appropriation.'. 25
s 97 71 s 99
Gambling Legislation Amendment
PART 9--AMENDMENT OF WAGERING ACT 1998 1
amended in pt 9 2
Act
Clause 97. This part amends the Wagering Act 1998. 3
of new s 2A 4
Insertion
Clause 98. Part 1, after section 2-- 5
insert-- 6
7
`Object
`2A.(1) The object of this Act is to ensure that, on balance, the State and 8
the community as a whole benefit from wagering. 9
`(2) The balance is achieved by allowing wagering subject to a system of 10
regulation and control designed to protect players and the community 11
through-- 12
(a) ensuring the integrity and fairness of games; and 13
(b) ensuring the probity of those involved in the conduct of wagering; 14
and 15
(c) minimising the potential for harm from wagering.'. 16
of s 136 (Notice of end of key operator's role) 17
Amendment
Clause 99. Section 136(2)-- 18
omit, insert-- 19
`(2) Within 7 days after the person stops being a key operator for the 20
authority operator, the authority operator must notify the chief executive of 21
that fact by notice in the approved form. 22
Maximum penalty for subsection (2)--40 penalty units.'. 23
s 100 72 s 101
Gambling Legislation Amendment
of s 169 (Application of wagering tax, authority fee and 1
Amendment
authority administration fee) 2
Clause 100.(1) Section 169(1)(a), `for community benefit'-- 3
omit. 4
(2) Section 169-- 5
insert-- 6
`(3) Amounts may be paid under subsection (1)(a) without further 7
appropriation.'. 8
9
of s 209 (Extending credit) 10
Replacement
Clause 101. Section 209-- 11
omit, insert-- 12
credit 13
`Extending
`209.(1) A general operator, or an employee of a general operator, must 14
not make a loan or extend credit in any form to a person to enable the 15
person or another person to take part in approved wagering. 16
Maximum penalty--200 penalty units. 17
`(2) If a cash advance is made to a person in circumstances where a 18
general operator or an employee of a general operator knows, or ought 19
reasonably to know, that the person intends to use the cash advance to 20
enable the person or another person to take part in approved wagering, the 21
operator or employee must not represent that the cash advance was made 22
for some other purpose. 23
Maximum penalty for subsection (2)--200 penalty units.'. 24
25
73
Gambling Legislation Amendment
SCHEDULE 1
ˇ
INOR AMENDMENTS OF GAMING MACHINE 2
M
ACT 1991 3
section 20 4
1. Section 31(3), `operator's'-- 5
omit, insert-- 6
`supplier's'. 7
2. Section 51(2), `, 280'-- 8
omit. 9
3. Section 53(1), `200(1)(b)'-- 10
omit, insert-- 11
`200(2)(a)'. 12
4. Section 54(2)(a), `persons'-- 13
omit, insert-- 14
`person's'. 15
5. Section 54(8), `subsection (5)'-- 16
omit, insert-- 17
`subsection (6)'. 18
74
Gambling Legislation Amendment
SCHEDULE (continued)
6. Section 152(2)(b), `operator'-- 1
omit, insert-- 2
`supplier'. 3
7. Section 201(5), `section 200(1A)'-- 4
omit, insert-- 5
`section 200(2)(b)'. 6
8. Section 231(8) and (9), `licensed operator'-- 7
omit, insert-- 8
`licensed monitoring operator'. 9
9. Section 259(d)(ii), `section 256(2)(a)'-- 10
omit, insert-- 11
section 255(2)(a)'. 12
10. Section 329(5), `(10)'-- 13
omit, insert-- 14
`(8)'. 15
11. Section 347(2)(c)(ii), `with or'-- 16
omit, insert-- 17
`with'. 18
12. Section 361(c), `; and'-- 19
omit, insert-- 20
`purports to be a copy; and'. 21
75
Gambling Legislation Amendment
© State of Queensland 2000
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