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Queensland
GAMBLING LEGISLATION
AMENDMENT BILL 2004
Queensland
GAMBLING LEGISLATION AMENDMENT
BILL 2004
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 2--AMENDMENT OF CASINO CONTROL ACT 1982
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
4 Replacement of s 14 (Secrecy) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
14 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
5 Replacement of pt 4, div 5 (Suspension and cancellation of casino key
employee and casino employee licences) .................... 17
Division 5--Suspension and cancellation of casino key employee and
casino employee licences, and other action by chief executive
Subdivision 1--Suspension and cancellation
44 Grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
45 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
45A Consideration of representations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
45B Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
45C Suspension and cancellation of licence after show cause process . . . 20
Subdivision 2--Other action by chief executive
45D Ending show cause process without further action . . . . . . . . . . . . . . 22
45E Censuring holder of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
45F Direction to rectify matter after show cause process . . . . . . . . . . . . . 23
45G Cancellation or reduction of period of suspension . . . . . . . . . . . . . . 23
6 Amendment of s 74 (Content of submission) . . . . . . . . . . . . . . . . . . . . . . . . 24
7 Amendment of s 91A (Who may appeal) . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
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Gambling Legislation Amendment Bill 2004
8 Replacement of s 91G (Appeals to District Court) . . . . . . . . . . . . . . . . . . . . 24
91G Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
9 Insertion of new pt 9A, divs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 2--Appeals to Magistrates Court
91H Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
91I Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
91J Stay of operation of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
91K Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
91L Court's powers on appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 3--Appeals to District Court
91M Appeal to District Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
10 Insertion of new pt 10, div 1, sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Subdivision 1--Provisions about self-exclusion
91N Self-exclusion notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
91O Self-exclusion order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
91P Revoking self-exclusion order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
11 Amendment of s 92 (Entry to and exclusion of entry from casino) . . . . . . . 28
12 Insertion of new s 93A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
93A Exclusion direction for problem gambler . . . . . . . . . . . . . . . . . . . . . 29
13 Amendment of s 95 (Copy of direction to chief executive) . . . . . . . . . . . . . 29
14 Amendment of s 96 (Duration of direction) . . . . . . . . . . . . . . . . . . . . . . . . . 29
15 Replacement of ss 97100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
97 Duration of exclusion direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
98 Application to revoke exclusion direction . . . . . . . . . . . . . . . . . . . . . 30
99 Deciding application to revoke exclusion direction. . . . . . . . . . . . . . 31
Subdivision 3--Other provisions
100 Particular persons not to enter or remain in casino . . . . . . . . . . . . . . 31
100A Counselling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
100B Obligation to prevent persons from entering or remaining in casino 33
100C Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
100D Notice of contravention of order or direction . . . . . . . . . . . . . . . . . . 34
16 Insertion of new s 110A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
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110A Offence about keeping particular benefit . . . . . . . . . . . . . . . . . . . . . . 34
17 Insertion of new pt 11, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Division 4--Transitional provisions for Gambling Legislation Amendment
Act 2004
134 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
135 Dealing with show cause notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
136 Transitional provision about immediate suspension of licence . . . . . 36
137 Direction to rectify under pre-amended Act . . . . . . . . . . . . . . . . . . . 36
138 Appeals to gaming commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
139 Directions given under particular provision. . . . . . . . . . . . . . . . . . . . 38
18 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
PART 3--AMENDMENT OF CHARITABLE AND NON-PROFIT
GAMING ACT 1999
19 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
20 Amendment of s 9 (Meaning of "calcutta sweep") . . . . . . . . . . . . . . . . . . . . 40
21 Amendment of s 22 (Restriction on persons conducting category 2 or
3 games) ................................................ 40
22 Amendment of s 56 (Changing conditions of general licence) . . . . . . . . . . . 40
23 Insertion of new s 56A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
56A Recording change of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
24 Amendment of s 74 (Keeping general gaming records--eligible
associations) ............................................. 41
25 Amendment of s 100B (Offences about using or modifying regulated
general gaming equipment) ................................ 42
26 Amendment of s 110 (Participation by minors) . . . . . . . . . . . . . . . . . . . . . . 42
27 Insertion of new s 180A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
180A Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
28 Amendment of s 183 (Confidentiality of information) . . . . . . . . . . . . . . . . . 43
29 Amendment of sch 2 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
PART 4--AMENDMENT OF GAMING MACHINE ACT 1991
30 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
31 Amendment of s 8 (Meaning of "information notice"). . . . . . . . . . . . . . . . . 44
32 Amendment of s 31 (Appeals to Magistrates Court). . . . . . . . . . . . . . . . . . . 44
33 Amendment of s 32 (Appeals to commission) . . . . . . . . . . . . . . . . . . . . . . . 45
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Gambling Legislation Amendment Bill 2004
34 Amendment of s 33 (Starting appeal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
35 Amendment of s 37 (Powers of appeal authority). . . . . . . . . . . . . . . . . . . . . 46
36 Amendment of s 53 (Criminal history reports for investigations). . . . . . . . . 46
37 Replacement of s 54 (Secrecy) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
54 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
38 Amendment of s 67 (Changes in circumstances of category 2 licensees). . . 48
39 Amendment of s 71 (Issue of copy or replacement gaming machine
licences) ................................................ 50
40 Insertion of new s 71A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
71A Replacement of gaming machine licence for particular changes. . . . 50
41 Insertion of new s 79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
79 Other applications under Liquor Act 1992 . . . . . . . . . . . . . . . . . . . . 51
42 Omission of s 88B (Replacement licence for decrease proposal) . . . . . . . . . 52
43 Amendment of s 127 (Changing conditions of licence) . . . . . . . . . . . . . . . . 52
44 Insertion of new pt 5, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Division 6--Suspension and cancellation of licences, and other action by
chief executive
Subdivision 1--Suspension and cancellation
214A Grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
214B Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
214C Consideration of representations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
214D Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
214E Suspension and cancellation of licence after show cause process . . . 56
Subdivision 2--Other action by chief executive
214F Ending show cause process without further action . . . . . . . . . . . . . . 58
214G Censuring licensed person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
214H Direction to rectify matter after show cause process . . . . . . . . . . . . . 59
214I Cancellation or reduction of period of suspension . . . . . . . . . . . . . . 59
45 Omission of ss 219222 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
46 Amendment of s 226 (Licensee's register of gaming machines) . . . . . . . . . 60
47 Amendment of s 233 (Basic monitoring fees). . . . . . . . . . . . . . . . . . . . . . . . 60
48 Amendment of s 237 (Rules ancillary to gaming to be displayed and
enforced) ............................................... 60
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Gambling Legislation Amendment Bill 2004
49 Amendment of s 254 (Minors can not be allowed to game) . . . . . . . . . . . . . 60
50 Replacement of s 261 (Licensees to prohibit certain persons from gaming) 61
Division 10--Excluding or removing persons from licensed premises or
gaming machine areas
Subdivision 1--Provisions about self-exclusion
261 Self-exclusion notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
261A Self-exclusion order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
261B Revoking self-exclusion order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Subdivision 2--Exclusion instigated by licensee
261C Exclusion direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
261D Duration of exclusion direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
261E Application to revoke exclusion direction . . . . . . . . . . . . . . . . . . . . . 63
261F Deciding application to revoke exclusion direction. . . . . . . . . . . . . . 64
Subdivision 3--Other provisions
261G Particular persons not to enter or remain in licensed premises or
gaming machine area ................................ 64
261H Counselling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
261I Obligation to prevent person from entering or remaining in licensed
premises or gaming machine area . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
261J Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
261K Notice of contravention of order or direction . . . . . . . . . . . . . . . . . . 67
51 Amendment of s 262 (Removal of certain persons) . . . . . . . . . . . . . . . . . . . 67
52 Amendment of s 265 (Manufacture, sale, supply, obtaining or possession
of gaming machines) ...................................... 67
53 Amendment of s 265A (Dealing with gaming equipment etc. by monitoring
operators and approved financiers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
54 Insertion of new s 267A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
267A Possession etc. of particular gaming equipment by
approved evaluator ................................ 68
55 Amendment of s 287 (Requirements for approvals for linked jackpot
arrangements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
56 Amendment of s 305 (Community benefit statement and other associated
documents for audit report for category 2 licensee) . . . . . . . . . . . . . . . . . . . 69
57 Amendment of s 317 (Payment of taxes etc.) . . . . . . . . . . . . . . . . . . . . . . . . 71
58 Insertion of new s 341A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
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Gambling Legislation Amendment Bill 2004
341A Restriction on membership of management committee or board . . . 71
59 Insertion of new pt 12, div 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Division 9--Provisions for Gambling Legislation Amendment Act 2004
428 Definitions for div 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
429 Dealing with notice to show cause. . . . . . . . . . . . . . . . . . . . . . . . . . . 73
430 Transitional provision about immediate suspension of licence . . . . . 73
431 Direction to rectify under pre-amended Act . . . . . . . . . . . . . . . . . . . 74
432 Appeals to commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
433 Continuation of obligation under pre-amended Act, s 261 . . . . . . . . 75
434 Members of category 2 licensee's management committee or board 75
60 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
PART 5--AMENDMENT OF INTERACTIVE GAMBLING
(PLAYER PROTECTION) ACT 1998
61 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
62 Amendment of s 6 (Meaning of "interactive game") . . . . . . . . . . . . . . . . . . 78
63 Amendment of s 74 (Changing conditions of key person licence) . . . . . . . . 78
64 Replacement of pt 4, div 3 (Suspension and cancellation of key
person licences) ......................................... 78
Division 3--Suspension and cancellation of key person licences, and other
action by chief executive
Subdivision 1--Suspension and cancellation
77 Grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
78 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
79 Consideration of representations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
80 Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
81 Suspension and cancellation of licence after show cause process . . . 82
Subdivision 2--Other action by chief executive
82 Ending show cause process without further action . . . . . . . . . . . . . . 83
83 Censuring key person licensee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
83A Direction to rectify matter after show cause process . . . . . . . . . . . . . 83
83B Cancellation or reduction of period of suspension . . . . . . . . . . . . . . 84
65 Amendment of s 128 (Control system submission) . . . . . . . . . . . . . . . . . . . 85
66 Replacement of s 137 (Prohibition of interactive gambling) . . . . . . . . . . . . 85
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Division 5A--Excluding persons from participating in authorised games
as players
Subdivision 1--Provisions about self-exclusion
137 Self-exclusion notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
137A Self-exclusion order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
137B Revoking self-exclusion order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
Subdivision 2--Exclusion instigated by licensed provider
137C Exclusion direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
137D Duration of exclusion direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
137E Application to revoke exclusion direction . . . . . . . . . . . . . . . . . . . . . 87
137F Deciding application to revoke exclusion direction. . . . . . . . . . . . . . 88
Subdivision 3--Other provisions
137G Particular persons not to participate in authorised games . . . . . . . . . 89
137H Counselling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
137I Obligation to prevent persons from participating in authorised
games .......................................... 90
137J Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
137K Notice of contravention of order or direction . . . . . . . . . . . . . . . . . . 91
67 Amendment of s 163 (Use of regulated interactive gambling equipment) . . 91
68 Amendment of s 253 (Appeals by other persons) . . . . . . . . . . . . . . . . . . . . . 91
69 Replacement of s 259 (Appeals to District Court) . . . . . . . . . . . . . . . . . . . . 92
Division 2--Appeals to Magistrates Court
259 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
259A Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
259B Stay of operation of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
259C Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
259D Court's powers on appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Division 3--Appeals to District Court
259E Appeal to District Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
70 Amendment of s 260 (Confidentiality of information) . . . . . . . . . . . . . . . . . 94
71 Insertion of new pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
PART 12--TRANSITIONAL PROVISIONS FOR GAMBLING
LEGISLATION AMENDMENT ACT 2004
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Gambling Legislation Amendment Bill 2004
264 Definitions for pt 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
265 Dealing with show cause notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
266 Direction to rectify under pre-amended Act . . . . . . . . . . . . . . . . . . . 95
267 Appeals to Queensland Gaming Commission . . . . . . . . . . . . . . . . . . 96
72 Amendment of sch 2 (Decisions of chief executive subject to appeal). . . . . 97
73 Amendment of sch 3 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
PART 6--AMENDMENT OF KENO ACT 1996
74 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
75 Amendment of s 58 (Changing conditions of licence) . . . . . . . . . . . . . . . . . 99
76 Replacement of pt 4, div 5 (Suspension and cancellation of keno
employee licences) ........................................ 99
Division 5--Suspension and cancellation of keno employee licences, and
other action by chief executive
Subdivision 1--Suspension and cancellation
61 Grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
62 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
63 Consideration of representations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
64 Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
65 Suspension and cancellation of licence after show cause process . . . 102
Subdivision 2--Other action by chief executive
66 Ending show cause process without further action . . . . . . . . . . . . . . 103
67 Censuring licensed keno employee . . . . . . . . . . . . . . . . . . . . . . . . . . 104
67A Direction to rectify matter after show cause process . . . . . . . . . . . . . 104
67B Cancellation or reduction of period of suspension . . . . . . . . . . . . . . 105
77 Amendment of s 118 (Control system submission) . . . . . . . . . . . . . . . . . . . 105
78 Amendment of s 146 (Use of regulated keno equipment). . . . . . . . . . . . . . . 106
79 Omission of s 153 (Banning excessive gamblers from playing approved
keno games) ............................................. 106
80 Insertion of new pt 8, div 2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Division 2A--Excluding persons from approved places of operation or
taking part in keno gaming
Subdivision 1--Provisions about self-exclusion
154A Self-exclusion notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
154B Self-exclusion order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
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154C Revoking self-exclusion order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Subdivision 2--Exclusion instigated by appointed agent
154D Exclusion direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
154E Duration of exclusion direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
154F Application to revoke exclusion direction . . . . . . . . . . . . . . . . . . . . . 109
154G Deciding application to revoke exclusion direction. . . . . . . . . . . . . . 109
Subdivision 3--Other provisions
154H Particular persons not to take part in keno gaming etc. . . . . . . . . . . . 110
154I Counselling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
154J Obligation to prevent persons from taking part in keno gaming etc.. 111
154K Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
154L Notice of contravention of order or direction . . . . . . . . . . . . . . . . . . 112
81 Replacement of pt 9, div 1 (Inspectors). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
Division 1--Inspectors
Subdivision 1--Appointment of inspectors
167 Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
Subdivision 2--Other inspectors
168 Inspector under gaming Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
Subdivision 3--Other matters about inspectors
169 Conditions and limit on powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
170 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
171 Identity card for inspector under gaming Act . . . . . . . . . . . . . . . . . . 115
171A Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . 115
171B When inspector ceases to hold office. . . . . . . . . . . . . . . . . . . . . . . . . 115
171C Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
171D Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
Subdivision 4--Audit program and report about criminal history
171E Audit program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
171F Report about criminal history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
82 Replacement of s 239 (Appeal to District Court) . . . . . . . . . . . . . . . . . . . . . 117
239 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
83 Insertion of new pt 11, divs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
10
Gambling Legislation Amendment Bill 2004
Division 2--Appeals to Magistrates Court
239A Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
239B Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
239C Stay of operation of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
239D Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
239E Court's powers on appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
Division 3--Appeals to District Court
239F Appeal to District Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
84 Amendment of s 240 (Confidentiality of information) . . . . . . . . . . . . . . . . . 119
85 Insertion of new pt 13, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
Division 2--Transitional provisions for Gambling Legislation Amendment
Act 2004
245 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
246 Dealing with show cause notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
247 Direction to rectify under pre-amended Act . . . . . . . . . . . . . . . . . . . 121
248 Appeals to Gaming Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
249 Continuation of obligation under pre-amended Act, s 153 . . . . . . . . 122
86 Amendment of sch 2 (Decisions of chief executive subject to appeal). . . . . 122
87 Amendment of sch 4 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
PART 7--AMENDMENT OF LOTTERIES ACT 1997
88 Act amended in pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
89 Amendment of s 56 (Changing conditions of key person licence) . . . . . . . . 125
90 Replacement of pt 3, div 4 (Suspension and cancellation of key person
licences) .............................................. 125
Division 4--Suspension and cancellation of key person licences, and other
action by chief executive
Subdivision 1--Suspension and cancellation
59 Grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
60 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
61 Consideration of representations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
62 Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
63 Suspension and cancellation of licence after show cause process . . . 128
Subdivision 2--Other action by chief executive
11
Gambling Legislation Amendment Bill 2004
64 Ending show cause process without further action . . . . . . . . . . . . . . 129
65 Censuring key person licensee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
65A Direction to rectify matter after show cause process . . . . . . . . . . . . . 130
65B Cancellation or reduction of period of suspension . . . . . . . . . . . . . . 131
91 Amendment of s 101 (Control system submission) . . . . . . . . . . . . . . . . . . . 131
92 Insertion of new s 125A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
125A Acceptance of entry form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
93 Amendment of s 129 (Claims for prizes) . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
94 Amendment of s 130 (Payment of prizes). . . . . . . . . . . . . . . . . . . . . . . . . . . 132
95 Amendment of s 134 (Use of regulated lottery equipment) . . . . . . . . . . . . . 132
96 Replacement of pt 8, div 1 (Inspectors). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
Division 1--Inspectors
Subdivision 1--Appointment of inspectors
153 Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
Subdivision 2--Other inspectors
154 Inspectors under gaming Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
Subdivision 3--Other matters about inspectors
155 Conditions and limit on powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
156 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
157 Identity card for inspector under gaming Act . . . . . . . . . . . . . . . . . . 134
157A Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . 135
157B When inspector ceases to hold office. . . . . . . . . . . . . . . . . . . . . . . . . 135
157C Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
157D Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
Subdivision 4--Audit program and report about criminal history
157E Audit program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
157F Report about criminal history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
97 Amendment of s 181A (Direction about conduct of approved lottery). . . . . 137
98 Insertion of new s 223A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
223A Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
99 Amendment of s 225 (Confidentiality of information) . . . . . . . . . . . . . . . . . 137
100 Insertion of new pt 12, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
12
Gambling Legislation Amendment Bill 2004
Division 4--Transitional provisions for Gambling Legislation Amendment
Act 2004
248 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
249 Dealing with show cause notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
250 Direction to rectify under pre-amended Act . . . . . . . . . . . . . . . . . . . 139
251 Appeals to Gaming Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
101 Amendment of sch 2 (Decisions of chief executive subject to appeal). . . . . 140
102 Amendment of sch 3 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
PART 8--AMENDMENT OF TAB QUEENSLAND LIMITED
PRIVATISATION ACT 1999
103 Act amended in pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
104 Omission of s 43 (Application of pt 5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
105 Insertion of new pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
PART 7--TRANSITIONAL PROVISION
60 Transitional provision for Gambling Legislation Amendment
Act 2004 .......................................... 142
PART 9--AMENDMENT OF WAGERING ACT 1998
106 Act amended in pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
107 Amendment of s 5 (Meaning of "oncourse wagering permit"). . . . . . . . . . . 143
108 Replacement of s 6 (Meaning of "race wagering licence"). . . . . . . . . . . . . . 143
6 Meaning of "race wagering licence" . . . . . . . . . . . . . . . . . . . . . . . . . 143
109 Amendment of s 28 (Form of authority) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
110 Amendment of s 114 (Changing conditions of licence) . . . . . . . . . . . . . . . . 143
111 Replacement of pt 7, div 7 (Suspension and cancellation of key person
licences) ............................................... 144
Division 7--Suspension and cancellation of key person licences, and other
action by chief executive
Subdivision 1--Suspension and cancellation
123 Grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
124 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
125 Consideration of representations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
126 Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
127 Suspension and cancellation of licence after show cause process . . . 147
Subdivision 2--Other action by chief executive
13
Gambling Legislation Amendment Bill 2004
128 Ending show cause process without further action . . . . . . . . . . . . . . 148
129 Censuring key person licensee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
130 Direction to rectify matter after show cause process . . . . . . . . . . . . . 149
131 Cancellation or reduction of period of suspension . . . . . . . . . . . . . . 149
112 Amendment of s 174 (Control system submission) . . . . . . . . . . . . . . . . . . . 150
113 Amendment of s 207 (Use of regulated wagering equipment) . . . . . . . . . . . 150
114 Omission of s 215 (Banning excessive gamblers). . . . . . . . . . . . . . . . . . . . . 150
115 Insertion of new pt 11, div 2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
Division 2A--Excluding persons from approved places of operation or
taking part in approved wagering
Subdivision 1--Provisions about self-exclusion
216A Self-exclusion notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
216B Self-exclusion order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
216C Revoking self-exclusion order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
Subdivision 2--Exclusion instigated by general operator
216D Exclusion direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
216E Duration of exclusion direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
216F Application to revoke exclusion direction . . . . . . . . . . . . . . . . . . . . . 153
216G Deciding application to revoke exclusion direction. . . . . . . . . . . . . . 154
Subdivision 3--Other provisions
216H Particular persons not to take part in approved wagering etc. . . . . . . 154
216I Counselling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
216J Obligation to prevent persons from taking part in approved
wagering etc. ...................................... 156
216K Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
216L Notice of contravention of order or direction . . . . . . . . . . . . . . . . . . 157
116 Amendment of s 291 (Appeals by authority operators) . . . . . . . . . . . . . . . . 157
117 Amendment of s 294 (Appeals by key person licensees) . . . . . . . . . . . . . . . 158
118 Replacement of s 302 (Appeals to District Court) . . . . . . . . . . . . . . . . . . . . 158
302 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
119 Insertion of new pt 14, div 1, sdivs 2 and 3. . . . . . . . . . . . . . . . . . . . . . . . . . 158
Subdivision 2--Appeals to Magistrates Court
302A Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
14
Gambling Legislation Amendment Bill 2004
302B Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
302C Stay of operation of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
302D Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
302E Court's powers on appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
Subdivision 3--Appeals to District Court
302F Appeal to District Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
120 Amendment of s 308 (Confidentiality of information) . . . . . . . . . . . . . . . . . 160
121 Insertion of new pt 17, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
Division 2--Transitional provisions for Gambling Legislation Amendment
Act 2004
330 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
331 Dealing with show cause notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
332 Direction to rectify under pre-amended Act . . . . . . . . . . . . . . . . . . . 162
333 Appeals to Gaming Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
334 Continuation of obligation under pre-amended Act, s 215 . . . . . . . . 163
335 Transitional provision for race wagering licence. . . . . . . . . . . . . . . . 163
122 Amendment of sch 2 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
PART 10--CONSEQUENTIAL AND OTHER AMENDMENTS
123 Consequential and other amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 167
CONSEQUENTIAL AND OTHER AMENDMENTS
CASINO CONTROL ACT 1982. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
GAMING MACHINE ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
INTERACTIVE GAMBLING (PLAYER PROTECTION) ACT 1998 . . . . 173
KENO ACT 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
LOTTERIES ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
POLICE POWERS AND RESPONSIBILITIES ACT 2000. . . . . . . . . . . . . 174
WAGERING ACT 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
2004
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,
Lotteries Act 1997, TAB Queensland Limited Privatisation Act 1999,
and Wagering Act 1998, and for another purpose
s1 16 s4
Gambling Legislation Amendment Bill 2004
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Gambling Legislation Amendment 4
Act 2004. 5
2 Commencement
Clause 6
This Act commences on a day to be fixed by proclamation. 7
PART 2--AMENDMENT OF CASINO CONTROL 8
ACT 1982 9
3 Act amended in pt 2
Clause 10
This part amends the Casino Control Act 1982. 11
4 Replacement of s 14 (Secrecy)
Clause 12
Section 14-- 13
omit, insert-- 14
`14 Confidentiality of information 15
`(1) A person who is, or was, an inspector or an officer of the department 16
must not disclose confidential information gained by the person in 17
performing functions under this Act. 18
Maximum penalty--200 penalty units or 2 years imprisonment. 19
`(2) However, the person may disclose confidential information if-- 20
(a) the disclosure is for a purpose under this Act or a gaming Act; or 21
(b) the disclosure is otherwise required or permitted by law; or 22
s5 17 s5
Gambling Legislation Amendment Bill 2004
(c) the chief executive approves the disclosure under this section. 1
`(3) The chief executive may approve a disclosure of confidential 2
information to-- 3
(a) an entity prescribed under a regulation; or 4
(b) an officer, employee or member of the entity; or 5
(c) a stated department, person or other entity. 6
`(4) Before giving an approval for subsection (3)(c), the chief executive 7
must-- 8
(a) give written notice of the proposed approval to each person 9
whom the chief executive considers is likely to be affected 10
adversely by the disclosure; and 11
(b) give the person the opportunity to make a submission about the 12
proposed approval within the period, of at least 14 days, stated in 13
the notice. 14
`(5) If confidential information is disclosed to an entity or person under 15
an approval given by the chief executive, the entity or person, and any 16
employee or other person under the control of the entity or person, are 17
taken to be persons to whom subsection (1) applies and to have gained the 18
information in performing functions under this Act. 19
`(6) In this section-- 20
"confidential information" means information, other than information 21
that is publicly available, about-- 22
(a) a person's personal affairs, business affairs or reputation, 23
character, criminal history, current financial position or financial 24
background; or 25
(b) a person making an application under this Act.'. 26
5 Replacement of pt 4, div 5 (Suspension and cancellation of casino
Clause 27
key employee and casino employee licences) 28
Part 4, division 5-- 29
omit, insert-- 30
s5 18 s5
Gambling Legislation Amendment Bill 2004
`Division 5--Suspension and cancellation of casino key employee and 1
casino employee licences, and other action by chief executive 2
`Subdivision 1--Suspension and cancellation 3
`44 Grounds 4
`(1) Each of the following is a ground for suspending or cancelling a 5
casino key employee licence or a casino employee licence-- 6
(a) the holder of the licence-- 7
(i) is not a suitable person to hold the licence; or 8
(ii) acts in a way that is inappropriate for casino operations; or 9
(iii) contravenes a provision of this Act, other than a provision a 10
contravention of which is an offence against this Act; or 11
(iv) contravenes a condition of the licence; 12
(b) the holder of the licence has a conviction, other than a spent 13
conviction, for-- 14
(i) an offence against this Act or a gaming Act; or 15
(ii) an indictable offence; 16
(c) the licence was issued because of a materially false or misleading 17
representation or document. 18
`(2) For forming a belief that the ground mentioned in 19
subsection (1)(a)(i) exists, the chief executive may have regard to the same 20
matters the chief executive may make an assessment of under 21
section 37(1)(c)1 in considering an application for a casino key employee 22
licence or a casino employee licence. 23
`(3) For subsection (1)(a)(ii), the holder of a licence acts in a way that is 24
inappropriate for casino operations if the holder does, or omits to do, an act 25
that results in-- 26
(a) the operation of the casino at which the holder is employed not 27
being conducted under the system of internal controls and 28
1 Section 37 (Consideration of application)
s5 19 s5
Gambling Legislation Amendment Bill 2004
administrative and accounting procedures approved by the chief 1
executive under section 752 for the casino; and 2
(b) the integrity of the operations of the casino being jeopardised. 3
`(4) In this section-- 4
"spent conviction" means a conviction-- 5
(a) for which the rehabilitation period under the Criminal Law 6
(Rehabilitation of Offenders) Act 1986 has expired under that 7
Act; and 8
(b) that is not revived as prescribed by section 113 of that Act. 9
`45 Show cause notice 10
`(1) If the chief executive believes a ground exists to suspend or cancel a 11
casino key employee licence or a casino employee licence, the chief 12
executive must before taking action to suspend or cancel the licence give 13
the holder of the licence a written notice (a "show cause notice"). 14
`(2) The show cause notice must state the following-- 15
(a) the action the chief executive proposes taking under this 16
subdivision (the "proposed action"); 17
(b) the grounds for the proposed action; 18
(c) an outline of the facts and circumstances forming the basis for 19
the grounds; 20
(d) if the proposed action is suspension of the licence--the proposed 21
suspension period; 22
(e) that the holder of the licence may, within a stated period (the 23
"show cause period"), make written representations to the chief 24
executive to show why the proposed action should not be taken. 25
`(3) The show cause period must end at least 21 days after the holder of 26
the licence is given the show cause notice. 27
`(4) Subsection (5) applies if the chief executive believes-- 28
(a) the holder of the licence is an employee of a casino operator; and 29
2 Section 75 (Chief executive's approval)
3 Criminal Law (Rehabilitation of Offenders) Act 1986, section 11 (Revival of
convictions)
s5 20 s5
Gambling Legislation Amendment Bill 2004
(b) the existence of the grounds for the proposed action is likely to 1
adversely affect the conduct of the operations of the casino. 2
`(5) The chief executive must immediately give a copy of the show cause 3
notice to the casino operator. 4
`(6) The casino operator may make written representations about the 5
show cause notice to the chief executive in the show cause period. 6
`45A Consideration of representations 7
`The chief executive must consider all written representations 8
(the "accepted representations") made under section 45(2)(e) or (6). 9
`45B Immediate suspension 10
`(1) The chief executive may suspend a casino key employee licence or a 11
casino employee licence immediately if the chief executive believes-- 12
(a) a ground exists to suspend or cancel the licence; and 13
(b) it is necessary to suspend the licence immediately-- 14
(i) in the public interest; or 15
(ii) to ensure the integrity of the conduct of casino operations is 16
not jeopardised. 17
`(2) The suspension-- 18
(a) can be effected only by the chief executive giving the holder of 19
the licence an information notice for the decision to suspend it, 20
together with a show cause notice; and 21
(b) operates immediately the information notice is given to the 22
holder; and 23
(c) continues to operate until the show cause notice is finally dealt 24
with. 25
`(3) If the chief executive believes the holder of the licence is an 26
employee of a casino operator, the chief executive must immediately give 27
written notice of the suspension to the casino operator. 28
`45C Suspension and cancellation of licence after show cause process 29
`(1) This section applies if-- 30
s5 21 s5
Gambling Legislation Amendment Bill 2004
(a) there are no accepted representations for a show cause notice; or 1
(b) after considering the accepted representations for a show cause 2
notice, the chief executive-- 3
(i) still believes a ground exists to suspend or cancel a casino 4
key employee licence or a casino employee licence; and 5
(ii) believes suspension or cancellation of the licence is 6
warranted. 7
`(2) This section also applies if a holder of a casino key employee 8
licence or a casino employee licence contravenes a direction given to the 9
holder under section 45F.4 10
`(3) The chief executive may-- 11
(a) if the proposed action was to suspend the licence--suspend the 12
licence for not longer than the proposed suspension period; or 13
(b) if the proposed action was to cancel the licence--cancel the 14
licence or suspend it for a period. 15
`(4) If the chief executive decides to take action under subsection (3), the 16
chief executive must immediately-- 17
(a) give an information notice for the decision to the holder of the 18
licence; and 19
(b) if the chief executive believes the holder is an employee of a 20
casino operator--give written notice of the suspension or 21
cancellation to the casino operator. 22
`(5) The decision takes effect on the later of the following-- 23
(a) the day the information notice is given to the holder of the 24
licence; 25
(b) the day of effect stated in the information notice. 26
`(6) If the chief executive cancels the licence, the holder must give the 27
licence to the chief executive within 14 days after the cancellation takes 28
effect. 29
Maximum penalty for subsection (6)--40 penalty units. 30
4 Section 45F (Direction to rectify matter after show cause process)
s5 22 s5
Gambling Legislation Amendment Bill 2004
`Subdivision 2--Other action by chief executive 1
`45D Ending show cause process without further action 2
`(1) This section applies if, after considering the accepted 3
representations for a show cause notice, the chief executive no longer 4
believes a ground exists to suspend or cancel a casino key employee 5
licence or a casino employee licence. 6
`(2) The chief executive-- 7
(a) must not take any further action about the show cause notice; and 8
(b) must give each of the following a written notice stating that no 9
further action is to be taken-- 10
(i) the holder of the licence; 11
(ii) a casino operator to whom a copy of the show cause notice 12
was given under section 45(5). 13
`45E Censuring holder of licence 14
`(1) The chief executive may censure a holder of a casino key employee 15
licence or a casino employee licence for a matter relating to a ground for 16
suspension or cancellation if the chief executive-- 17
(a) believes a ground exists to suspend or cancel the licence but does 18
not believe that giving a show cause notice to the holder is 19
warranted; or 20
(b) after considering the accepted representations for a show cause 21
notice, still believes a ground exists to suspend or cancel the 22
licence but does not believe suspension or cancellation of the 23
licence is warranted. 24
`(2) The censure can be effected only by the chief executive giving the 25
holder of the licence an information notice for the decision to censure the 26
holder. 27
`(3) If the chief executive believes the holder of the licence is an 28
employee of a casino operator, the chief executive must immediately give 29
written notice of the censure to the casino operator. 30
s5 23 s5
Gambling Legislation Amendment Bill 2004
`45F Direction to rectify matter after show cause process 1
`(1) This section applies if, after considering the accepted 2
representations for a show cause notice, the chief executive-- 3
(a) still believes a ground exists to suspend or cancel a casino key 4
employee licence or a casino employee licence; and 5
(b) believes a matter relating to the ground for suspension or 6
cancellation is capable of being rectified and it is appropriate to 7
give the holder of the licence an opportunity to rectify the matter. 8
`(2) The chief executive may direct the holder of the licence to rectify the 9
matter. 10
`(3) If the chief executive decides to give the holder of a licence a 11
direction under this section, the direction can be effected only by the chief 12
executive giving the holder an information notice for the decision. 13
`(4) The information notice must state the period for rectifying the 14
matter. 15
`(5) The period must be reasonable, having regard to the nature of the 16
matter to be rectified. 17
`(6) If the chief executive gave a copy of the show cause notice to a 18
casino operator under section 45(5), the chief executive must give written 19
notice of the direction to the casino operator immediately after giving the 20
information notice to the holder of the licence. 21
`45G Cancellation or reduction of period of suspension 22
`(1) If the chief executive suspends a casino key employee licence or a 23
casino employee licence, the chief executive may, for any remaining 24
period of suspension and at any time the suspension is in force-- 25
(a) cancel the period; or 26
(b) reduce the period by a stated period. 27
`(2) The chief executive may cancel or reduce the period only if the chief 28
executive considers it is appropriate to take the action. 29
`(3) The chief executive must immediately give written notice of the 30
decision to-- 31
(a) the holder of the licence; and 32
s6 24 s8
Gambling Legislation Amendment Bill 2004
(b) if the chief executive believed the holder was an employee of a 1
casino operator when the licence was suspended--the casino 2
operator. 3
`(4) Subsection (1) does not apply to an immediate suspension.'. 4
6 Amendment of s 74 (Content of submission)
Clause 5
Section 74-- 6
insert-- 7
`(2) However, a casino operator's submission need not include particular 8
information mentioned in subsection (1) if the chief executive is satisfied, 9
having regard to the nature of the operations of the casino, that the 10
information is not necessary for the chief executive's proper consideration 11
of the submission under section 75.'. 12
7 Amendment of s 91A (Who may appeal)
Clause 13
Section 91A(e), (f) and (g)-- 14
omit, insert-- 15
`(e) a decision, under section 45B, immediately suspending the 16
licence; 17
(f) a decision, under section 45C, suspending or cancelling the 18
licence; 19
(g) a decision, under section 45E, censuring the holder of the 20
licence; 21
(h) a decision, under section 45F, directing the holder of the licence 22
to rectify a matter.'. 23
8 Replacement of s 91G (Appeals to District Court)
Clause 24
Section 91G-- 25
omit, insert-- 26
`91G Notice of decision 27
`The gaming commission must, as soon as practicable after deciding an 28
appeal, give each party to the appeal written notice of its decision and the 29
reasons for the decision.'. 30
s9 25 s9
Gambling Legislation Amendment Bill 2004
9 Insertion of new pt 9A, divs 2 and 3
Clause 1
Part 9A, after section 91G-- 2
insert-- 3
`Division 2--Appeals to Magistrates Court 4
`91H Who may appeal 5
`A person may appeal to a Magistrates Court against the following 6
decisions-- 7
(a) a decision of a casino operator or a casino manager, under 8
section 93A, to give the person an exclusion direction; 9
(b) a decision of a casino operator, under section 99, refusing to 10
revoke an exclusion direction given to the person. 11
`91I Starting appeal 12
`(1) An appeal is started by-- 13
(a) filing a notice of appeal with the clerk of a Magistrates Court; 14
and 15
(b) serving a copy of the notice on the casino operator or casino 16
manager who made the decision; and 17
(c) complying with rules of court applicable to the appeal. 18
`(2) The notice of appeal must be filed within 28 days after the person is 19
given the information notice for the decision. 20
`(3) However, the court may, at any time, extend the time for filing the 21
notice of appeal. 22
`(4) The notice of appeal must state fully the grounds of appeal. 23
`91J Stay of operation of decision 24
`(1) The Magistrates Court may grant a stay of the decision to secure the 25
effectiveness of the appeal. 26
`(2) A stay-- 27
(a) may be given on the conditions the court considers appropriate; 28
and 29
s9 26 s9
Gambling Legislation Amendment Bill 2004
(b) operates for the period fixed by the court; and 1
(c) may be amended or cancelled by the court. 2
`(3) The period of a stay under this section must not extend past the time 3
when the court decides the appeal. 4
`(4) The appeal affects the decision, or carrying out of the decision, only 5
if it is stayed. 6
`91K Hearing procedures 7
`(1) In deciding an appeal, the Magistrates Court-- 8
(a) is not bound by the rules of evidence; and 9
(b) must comply with natural justice. 10
`(2) An appeal is by way of rehearing, unaffected by the decision 11
appealed against, on the material before the casino operator or casino 12
manager who made the decision and any further evidence allowed by the 13
court. 14
`91L Court's powers on appeal 15
`(1) In deciding an appeal, the Magistrates Court may-- 16
(a) confirm the decision appealed against; or 17
(b) set aside the decision and substitute another decision; or 18
(c) set aside the decision and return the matter to the casino operator 19
or casino manager with directions the court considers 20
appropriate. 21
`(2) If the court substitutes another decision, the substituted decision is, 22
for this Act, other than this division, taken to be the decision of the casino 23
operator or casino manager. 24
`Division 3--Appeals to District Court 25
`91M Appeal to District Court 26
`An appeal lies to the District Court against a decision of the gaming 27
commission or a Magistrates Court under this part but only on a question of 28
law.'. 29
s 10 27 s 10
Gambling Legislation Amendment Bill 2004
10 Insertion of new pt 10, div 1, sdiv 1
Clause 1
Part 10, division 1, before section 92-- 2
insert-- 3
`Subdivision 1--Provisions about self-exclusion 4
`91N Self-exclusion notice 5
`(1) A person may give to a casino operator a notice in the approved 6
form (a "self-exclusion notice") asking the casino operator to prohibit the 7
person from entering or remaining in the casino. 8
`(2) The notice must be accompanied by a recent photo of the person. 9
`(3) If a casino operator operates more than 1 casino, a self-exclusion 10
notice may relate to a stated casino or all casinos operated by the casino 11
operator. 12
`91O Self-exclusion order 13
`(1) If a person gives a casino operator a self-exclusion notice under 14
section 91N, the casino operator must as soon as practicable give to the 15
person-- 16
(a) a notice in the approved form (a "self-exclusion order") 17
prohibiting the person from entering or remaining in the casino; 18
and 19
(b) details, including the name and address, of at least 1 entity that 20
provides counselling services for problem gamblers. 21
Maximum penalty--50 penalty units. 22
`(2) A self-exclusion order has effect for the period-- 23
(a) starting when it is given to the person; and 24
(b) ending on the earlier of the following-- 25
(i) when a revocation notice for the order takes effect under 26
section 91P(3); 27
(ii) the day that is 5 years after the day the order is given to the 28
person. 29
`(3) If a casino operator gives a person a self-exclusion order, the 30
operator must as soon as practicable give to the chief executive a copy of-- 31
s 11 28 s 12
Gambling Legislation Amendment Bill 2004
(a) the order; and 1
(b) the self-exclusion notice relating to the order. 2
`91P Revoking self-exclusion order 3
`(1) A person who is given a self-exclusion order may, by notice in the 4
approved form (a "revocation notice") given to the casino operator for the 5
casino to which the order relates, revoke the order. 6
`(2) However, the person may revoke the order only-- 7
(a) within 24 hours after the person receives it; or 8
(b) after 1 year after the person receives it. 9
`(3) A revocation notice takes effect-- 10
(a) if the notice is given to the casino operator under 11
subsection (2)(a)--when it is given to the operator; or 12
(b) otherwise--28 days after the day it is given to the operator. 13
`(4) The casino operator must, as soon as practicable after receiving a 14
revocation notice, give the chief executive written notice of the 15
revocation.'. 16
11 Amendment of s 92 (Entry to and exclusion of entry from casino)
Clause 17
(1) Section 92, heading, after `casino'-- 18
insert-- 19
`--generally'. 20
(2) Section 92(3), after `direction'-- 21
insert-- 22
`under subsection (2)'. 23
(3) Section 92(5)-- 24
omit. 25
12 Insertion of new s 93A
Clause 26
After section 93-- 27
insert-- 28
s 13 29 s 14
Gambling Legislation Amendment Bill 2004
`93A Exclusion direction for problem gambler 1
`(1) This section applies if a casino operator or a casino manager 2
believes on reasonable grounds a person is a problem gambler. 3
`(2) The casino operator or casino manager may give the person a notice 4
in the approved form (an "exclusion direction") prohibiting the person 5
from entering or remaining in the casino. 6
`(3) If a casino operator operates more than 1 casino, an exclusion 7
direction may relate to a stated casino or all casinos operated by the casino 8
operator. 9
`(4) If a casino operator or a casino manager decides to give a person an 10
exclusion direction, the direction must be accompanied by an information 11
notice for the decision.'. 12
13 Amendment of s 95 (Copy of direction to chief executive)
Clause 13
(1) Section 95, `section 92 or 94'-- 14
omit, insert-- 15
`section 92, 93A or 94'. 16
(2) Section 95, after `section 92', second mention-- 17
insert-- 18
`or 93A'. 19
14 Amendment of s 96 (Duration of direction)
Clause 20
(1) Section 96, heading, after `direction'-- 21
insert-- 22
`under s 92 or 94'. 23
(2) Section 96-- 24
insert-- 25
`(2) If a casino operator or the commissioner of the police service 26
revokes a direction given to a person under section 92 or 94, the casino 27
operator or commissioner must as soon as practicable-- 28
(a) give the person written notice of the revocation; and 29
(b) give the chief executive a copy of the notice.'. 30
s 15 30 s 15
Gambling Legislation Amendment Bill 2004
15 Replacement of ss 97100
Clause 1
Sections 97 to 100-- 2
omit insert-- 3
`97 Duration of exclusion direction 4
`An exclusion direction has effect for the period-- 5
(a) starting when it is given to the person concerned; and 6
(b) ending on the earlier of the following-- 7
(i) if the decision to give the direction is set aside on appeal 8
under part 9A--when the decision is set aside; 9
(ii) if a revocation notice for the direction takes effect under 10
section 99(6)--when the notice takes effect; 11
(iii) if a decision, under section 99, refusing to revoke the 12
direction is set aside on appeal under part 9A--when the 13
decision is set aside; 14
(iv) the day that is 5 years after the day the direction is given to 15
the person. 16
`98 Application to revoke exclusion direction 17
`(1) A person who is prohibited from entering or remaining in a casino 18
under an exclusion direction may apply to the casino operator for the 19
casino to which the direction relates for revocation of the direction. 20
`(2) The application may only be made at least 1 year after the day the 21
person is given the direction. 22
`(3) The application must be-- 23
(a) in the approved form; and 24
(b) supported by enough information to enable the casino operator to 25
decide the application. 26
`(4) A person may apply under this section only once each year 27
commencing on the anniversary of the day the person was given the 28
direction. 29
s 15 31 s 15
Gambling Legislation Amendment Bill 2004
`99 Deciding application to revoke exclusion direction 1
`(1) This section applies to an application under section 98 for 2
revocation of an exclusion direction. 3
`(2) The casino operator must consider the application and, within 4
28 days after receiving it, decide to revoke or refuse to revoke the direction. 5
`(3) If the casino operator fails to decide the application within 28 days 6
after its receipt, the failure is taken to be a decision by the operator to 7
refuse to revoke the direction. 8
`(4) In considering the application, the casino operator may have regard 9
to the information supporting the application and any information the 10
operator considers relevant, including, for example, a report of a 11
psychologist. 12
`(5) If the casino operator decides to revoke the direction, the operator 13
must as soon as practicable-- 14
(a) give the applicant notice of the revocation in the approved form 15
(a "revocation notice"); and 16
(b) give the chief executive a copy of the revocation notice. 17
`(6) A revocation notice takes effect when it is given to the applicant. 18
`(7) If the casino operator decides to refuse to revoke the direction, the 19
operator must as soon as practicable give the applicant an information 20
notice for the decision. 21
`Subdivision 3--Other provisions 22
`100 Particular persons not to enter or remain in casino 23
`A person who is prohibited from entering or remaining in a casino under 24
a self-exclusion order, an exclusion direction or a direction under section 25
92 or 94 must not enter or remain in the casino. 26
Maximum penalty--40 penalty units. 27
`100A Counselling 28
`(1) This section applies if a court finds a person (the "defendant") 29
guilty of, or accepts a person's plea of guilty for, an offence against 30
section 100. 31
s 15 32 s 15
Gambling Legislation Amendment Bill 2004
`(2) The court may, if satisfied the defendant is a problem gambler, 1
postpone its decision on penalty on condition that the defendant agrees to 2
attend counselling on a basis decided by the court. 3
`(3) The agreement-- 4
(a) must provide for counselling of a kind that may, in the court's 5
opinion, be beneficial in helping to overcome harmful behaviour 6
related to gambling; and 7
(b) must provide for counselling over a period, of not more than 8
12 months, fixed by the court; and 9
(c) must allow the counsellor a discretion to disclose to the court 10
information about the defendant's participation in the 11
counselling if the counsellor believes the disclosure will help the 12
court to exercise its powers and discretions in an appropriate way 13
under this section; and 14
(d) must provide that the counsellor is to report to the court a failure 15
by the defendant to attend counselling under the agreement. 16
`(4) To decide whether the defendant is a problem gambler and, if so, 17
whether counselling of an appropriate kind is available, the court may have 18
regard to any information the court considers relevant, including, for 19
example, a report of a psychiatrist or a psychologist. 20
`(5) If the court postpones a decision on penalty under this section, the 21
court must proceed to make a decision on penalty-- 22
(a) as soon as practicable after the end of the period fixed for the 23
counselling; or 24
(b) if, during the period fixed for the counselling, the defendant 25
advises the court that he or she does not want to continue with 26
the counselling--as soon as practicable after the court receives 27
the advice; or 28
(c) if, during the period fixed for the counselling, the counsellor 29
reports to the court that the defendant has failed to attend 30
counselling under the agreement or to participate satisfactorily in 31
the counselling--as soon as practicable after the court receives 32
the report. 33
`(6) In making its decision on penalty after a postponement under this 34
section, the court-- 35
s 15 33 s 15
Gambling Legislation Amendment Bill 2004
(a) must consider whether and, if so, to what extent, the defendant 1
has made a genuine attempt to overcome harmful behaviour 2
related to gambling; and 3
(b) may, for considering the matters mentioned in paragraph (a), 4
have regard to the report of a counsellor appointed to counsel the 5
defendant under an agreement under this section. 6
`100B Obligation to prevent persons from entering or remaining in 7
casino 8
`(1) This section applies to a casino operator, or an employee or an agent 9
of the casino operator, if the casino operator, employee or agent knows that 10
a person is prohibited from entering or remaining in the casino under-- 11
(a) a self-exclusion order; or 12
(b) an exclusion direction; or 13
(c) a direction under section 92 or 94. 14
`(2) The casino operator, employee or agent must take reasonable steps 15
to prevent the person from entering or remaining in the casino. 16
Maximum penalty-- 17
(a) for a casino operator--250 penalty units; or 18
(b) for another person--40 penalty units. 19
`(3) It is lawful for the casino operator, employee or agent to use 20
necessary and reasonable force to prevent the person from entering or 21
remaining in the casino. 22
`(4) The force that may be used does not include force that is likely to 23
cause bodily harm to the person. 24
`(5) Subsection (2) must not be construed as requiring a casino operator, 25
an employee or an agent to use reasonable force to prevent a person from 26
entering or remaining in the casino. 27
`(6) In this section-- 28
"bodily harm" means any bodily injury that interferes with health or 29
comfort. 30
s 16 34 s 16
Gambling Legislation Amendment Bill 2004
`100C Register 1
`(1) A casino operator must keep a register, in the approved form, of 2
persons who are prohibited from entering or remaining in the casino 3
under-- 4
(a) a self-exclusion order; or 5
(b) an exclusion direction; or 6
(c) a direction under section 92 or 94. 7
Maximum penalty--40 penalty units. 8
`(2) The casino operator must keep the register available for inspection 9
by an inspector. 10
`100D Notice of contravention of order or direction 11
`(1) This section applies if, under section 100B, a casino operator or an 12
employee or an agent of a casino operator prevents a person from entering 13
or remaining in the casino. 14
`(2) The casino operator must immediately give the chief executive 15
notice, in the approved form, of the prevention. 16
Maximum penalty--40 penalty units.'. 17
16 Insertion of new s 110A
Clause 18
After section 110-- 19
insert-- 20
`110A Offence about keeping particular benefit 21
`(1) This section applies to a person who knows he or she has obtained a 22
benefit-- 23
(a) by playing a game in a casino in contravention of the rules made 24
under section 63(1); or 25
(b) because of an error or oversight in the conduct of a game. 26
`(2) The person must not dishonestly keep the benefit. 27
Maximum penalty--200 penalty units. 28
`(3) Subsection (2) applies even if the benefit was originally obtained by 29
the person without any dishonest intent. 30
s 17 35 s 17
Gambling Legislation Amendment Bill 2004
`(4) In this section-- 1
"benefit" includes money, chips, advantage, valuable consideration and 2
security.'. 3
17 Insertion of new pt 11, div 4
Clause 4
Part 11, after section 133-- 5
insert-- 6
`Division 4--Transitional provisions for Gambling Legislation 7
Amendment Act 2004 8
`134 Definitions for div 4 9
10
`In this division--
11
"commencement" means the day this division commences.
"pre-amended Act" means this Act as in force before the commencement 12
of the Gambling Legislation Amendment Act 2004, part 2. 13
`135 Dealing with show cause notice 14
`(1) This section applies if-- 15
(a) under the pre-amended Act, section 44A or 44G, the chief 16
executive has given a show cause notice to the holder of a casino 17
key employee licence or a casino employee licence; and 18
(b) the show cause notice has not been finally dealt with before the 19
commencement. 20
`(2) For dealing with the show cause notice, the pre-amended Act 21
continues to apply as if the Gambling Legislation Amendment Act 2004, 22
part 2, had not commenced. 23
`(3) Subsection (4) applies if, under the pre-amended Act, a person could 24
appeal to the gaming commission against a decision of the chief executive 25
relating to the show cause notice. 26
`(4) The person may appeal, and the gaming commission may hear and 27
decide the appeal, under the pre-amended Act. 28
s 17 36 s 17
Gambling Legislation Amendment Bill 2004
`136 Transitional provision about immediate suspension of licence 1
`(1) This section applies if the chief executive-- 2
(a) has suspended a casino key employee licence or a casino 3
employee licence under the pre-amended Act, section 44G; and 4
(b) has not given the holder of the licence a show cause notice as 5
required under that section before the commencement. 6
`(2) The chief executive must, within 7 days after suspending the licence, 7
give the holder of the licence a show cause notice under the pre-amended 8
Act, section 44A. 9
`(3) The suspension of the licence continues until the show cause notice 10
is finally dealt with. 11
`(4) For giving and dealing with the show cause notice, the pre-amended 12
Act continues to apply as if the Gambling Legislation Amendment Act 13
2004, part 2, had not commenced. 14
`(5) Subsection (6) applies if, under the pre-amended Act, a person could 15
appeal to the gaming commission against a decision of the chief executive 16
relating to the show cause notice. 17
`(6) The person may appeal, and the gaming commission may hear and 18
decide the appeal, under the pre-amended Act. 19
`137 Direction to rectify under pre-amended Act 20
`(1) Subsection (2) applies to a direction to rectify a matter given to a 21
casino key employee or a casino employee under the pre-amended Act, 22
section 44E, if-- 23
(a) the chief executive gave the direction to the employee after 24
considering, under the pre-amended Act, the accepted 25
representations for a show cause notice; and 26
(b) before the commencement-- 27
(i) the period for rectifying the matter under that Act has not 28
ended; or 29
(ii) the period for rectifying the matter under that Act has ended 30
and action has not been taken under section 44F of that Act 31
in relation to a failure to comply with the direction. 32
s 17 37 s 17
Gambling Legislation Amendment Bill 2004
`(2) A failure to comply with the direction may be dealt with under the 1
pre-amended Act as if the Gambling Legislation Amendment Act 2004, 2
part 2, had not commenced. 3
`(3) Subsection (4) applies to a direction to rectify a matter given to a 4
casino key employee or a casino employee under the pre-amended Act, 5
section 44E, if-- 6
(a) the chief executive gave the direction to the employee without a 7
show cause notice; and 8
(b) before the commencement-- 9
(i) the period for rectifying the matter under that Act has not 10
ended; or 11
(ii) the period for rectifying the matter under that Act has ended 12
and action has not been taken under that Act in relation to a 13
failure to comply with the direction. 14
`(4) A failure to comply with the direction is taken to be a contravention 15
of a provision of this Act, other than a provision a contravention of which is 16
an offence against this Act. 17
`138 Appeals to gaming commission 18
`(1) Subsection (2) applies if-- 19
(a) a person has appealed to the gaming commission against a 20
decision of the chief executive under a repealed provision; and 21
(b) the appeal has not been decided before the commencement. 22
`(2) The gaming commission may hear, or continue to hear, and decide 23
the appeal under the pre-amended Act. 24
`(3) Subsection (4) applies if-- 25
(a) immediately before the commencement a person could have 26
appealed to the gaming commission against a decision of the 27
chief executive under a repealed provision; and 28
(b) the person has not appealed before the commencement. 29
`(4) The person may appeal, and the gaming commission may hear and 30
decide the appeal, under the pre-amended Act. 31
`(5) In this section-- 32
"repealed provision" means the pre-amended Act, section 44D or 44F. 33
s 18 38 s 18
Gambling Legislation Amendment Bill 2004
`139 Directions given under particular provision 1
`(1) This section applies to a direction given under section 92(2) that-- 2
(a) is in force immediately before the commencement; and 3
(b) was given to a person in relation to a ground stated in the 4
pre-amended Act, section 92(3)(b)(ii). 5
`(2) Despite section 96(1), the direction remains in force for 5 years after 6
the commencement unless it is earlier revoked under that subsection.'. 7
18 Amendment of schedule (Dictionary)
Clause 8
(1) Schedule, definitions "conviction", "information notice" and "show 9
cause notice"-- 10
omit. 11
(2) Schedule-- 12
insert-- 13
` "casino manager", for a casino, means-- 14
(a) a person designated as a shift manager for the casino by the 15
casino operator; or 16
(b) another person who-- 17
(i) occupies a position equivalent, similar or more senior to the 18
position of a person mentioned in paragraph (a); and 19
(ii) is concerned with, or takes part in, managing the operations 20
of the casino. 21
"commencement"-- 22
(a) for part 11, division 3--see section 130; and 23
(b) for part 11, division 4--see section 134. 24
"conviction" includes the acceptance of a plea of guilty or a finding of 25
guilt by a court even though a conviction is not recorded. 26
"exclusion direction" see section 93A(2). 27
s 18 39 s 18
Gambling Legislation Amendment Bill 2004
"indictable offence" includes an indictable offence dealt with summarily, 1
whether or not the Criminal Code, section 659,5 applies to the 2
indictable offence. 3
"information notice", for a decision of the chief executive, a casino 4
operator or a casino manager, means a written notice stating all of the 5
following-- 6
(a) the decision; 7
(b) the reasons for the decision; 8
(c) that the person to whom the notice is given may, within 28 days 9
after the person receives the notice, appeal against the decision 10
to-- 11
(i) for a decision of the chief executive--the gaming 12
commission; or 13
(ii) for a decision of a casino operator or a casino manager--a 14
Magistrates Court; 15
(d) how the person may appeal to the gaming commission or a 16
Magistrates Court. 17
"pre-amended Act", for part 11, division 4, see section 134. 18
"problem gambler" means a person whose behaviour indicates a 19
compulsion to gamble, an addiction to gambling, or an inability or 20
disinclination to make rational judgments about gambling. 21
"proposed action" see section 45(2)(a). 22
"revocation notice"-- 23
(a) for part 10, division 1, subdivision 1--see section 91P(1); and 24
(b) for part 10, division 1, subdivision 2--see section 99(5)(a). 25
"self-exclusion notice" see section 91N(1). 26
"self-exclusion order" see section 91O(1)(a). 27
"show cause notice" see section 45(1).'. 28
(3) Schedule, definition "accepted representations", `44B'-- 29
omit, insert-- 30
`45A'. 31
5 Criminal Code, section 659 (Effect of summary conviction for indictable offences)
s 19 40 s 22
Gambling Legislation Amendment Bill 2004
PART 3--AMENDMENT OF CHARITABLE AND 1
NON-PROFIT GAMING ACT 1999 2
19 Act amended in pt 3
Clause 3
This part amends the Charitable and Non-Profit Gaming Act 1999. 4
20 Amendment of s 9 (Meaning of "calcutta sweep")
Clause 5
(1) Section 9(1), `racing venue'-- 6
omit, insert-- 7
`licensed venue'. 8
(2) Section 9(3), definition "racing venue", `racing'-- 9
omit, insert-- 10
`licensed'. 11
21 Amendment of s 22 (Restriction on persons conducting category 2
Clause 12
or 3 games) 13
Section 22(a)-- 14
omit, insert-- 15
`(a) keeps its general gaming records at any of the following places-- 16
(i) its principal place of business in Queensland; 17
(ii) if the eligible association is a corporation whose registered 18
office, under the Corporations Act, is in Queensland--its 19
registered office; 20
(iii) another place approved by the chief executive; and'. 21
22 Amendment of s 56 (Changing conditions of general licence)
Clause 22
(1) Section 56(2)(a)-- 23
omit, insert-- 24
`(a) notice of the changed conditions; and'. 25
(2) Section 56(3)-- 26
s 23 41 s 24
Gambling Legislation Amendment Bill 2004
renumber as section 56(4). 1
(3) Section 56-- 2
insert-- 3
`(3) A change of conditions takes effect on-- 4
(a) the day the information notice is given to the licensee; or 5
(b) if a later day is stated in the information notice--the later day.'. 6
23 Insertion of new s 56A
Clause 7
After section 56-- 8
insert-- 9
`56A Recording change of conditions 10
`(1) If a general licensee receives an information notice under 11
section 56(2), the licensee must return the licence to the chief executive 12
within 7 days after receiving the notice, unless the licensee has a 13
reasonable excuse. 14
Maximum penalty--40 penalty units. 15
`(2) On receiving the licence, the chief executive must-- 16
(a) amend the licence to include the changed conditions and return it 17
to the licensee; or 18
(b) give the licensee a replacement licence showing the changed 19
conditions.'. 20
24 Amendment of s 74 (Keeping general gaming records--eligible
Clause 21
associations) 22
(1) Section 74, heading `--eligible associations'-- 23
omit, insert-- 24
`--category 2 or 3 games'. 25
(2) Section 74(2)-- 26
omit, insert-- 27
`(2) The person must keep the records at one of the following places-- 28
(a) the person's principal place of business in Queensland; 29
s 25 42 s 27
Gambling Legislation Amendment Bill 2004
(b) if the person is a corporation whose registered office, under the 1
Corporations Act, is in Queensland--its registered office; 2
(c) another place approved by the chief executive. 3
Maximum penalty--40 penalty units.'. 4
25 Amendment of s 100B (Offences about using or modifying
Clause 5
regulated general gaming equipment) 6
Section 100B(1) and (2), penalties, `40'-- 7
omit, insert-- 8
`200'. 9
26 Amendment of s 110 (Participation by minors)
Clause 10
(1) Section 110(1), `includes liquor'-- 11
omit, insert-- 12
`is or includes liquor or a gaming product'. 13
(2) Section 110(3)-- 14
insert-- 15
` "gaming product" means-- 16
(a) a voucher or other acknowledgment for playing-- 17
(i) a game under the Casino Control Act 1982; or 18
(ii) a gaming machine under the Gaming Machine Act 1991; or 19
(iii) an approved keno game under the Keno Act 1996; or 20
(b) a ticket in a game of lucky envelopes or a promotional game that 21
is scratched to reveal numbers, letters or symbols that may entitle 22
the player of the game to a prize; or 23
(c) a lottery ticket under the Lotteries Act 1997; or 24
(d) a ticket or other acknowledgment for a bet under the Wagering 25
Act 1998.'. 26
27 Insertion of new s 180A
Clause 27
After section 180-- 28
s 28 43 s 29
Gambling Legislation Amendment Bill 2004
insert-- 1
`180A Notice of decision 2
`The Gaming Commission must, as soon as practicable after deciding an 3
appeal, give each party to the appeal notice of its decision and the reasons 4
for the decision.'. 5
28 Amendment of s 183 (Confidentiality of information)
Clause 6
(1) Section 183(1), from `has been' to `information'-- 7
omit, insert-- 8
`was, an inspector, or officer or employee of the department, must not 9
disclose confidential information'. 10
(2) Section 183(2) and (3), before `information'-- 11
insert-- 12
`confidential'. 13
(3) Section 183(5), before `information', first mention-- 14
insert-- 15
`confidential'. 16
(4) Section 183-- 17
insert-- 18
`(6) In this section-- 19
"confidential information" means information, other than information 20
that is publicly available, about-- 21
(a) a person's personal affairs, business affairs or reputation, 22
character, criminal history, current financial position or financial 23
background; or 24
(b) a person making an application under this Act.'. 25
29 Amendment of sch 2 (Dictionary)
Clause 26
Schedule 2, definition "conviction"-- 27
omit, insert-- 28
s 30 44 s 32
Gambling Legislation Amendment Bill 2004
` "conviction" includes the acceptance of a plea of guilty or a finding of 1
guilt by a court even though a conviction is not recorded.'. 2
PART 4--AMENDMENT OF GAMING MACHINE 3
ACT 1991 4
30 Act amended in pt 4
Clause 5
This part amends the Gaming Machine Act 1991. 6
31 Amendment of s 8 (Meaning of "information notice")
Clause 7
Section 8(1), after `executive'-- 8
insert-- 9
`, a licensee'. 10
32 Amendment of s 31 (Appeals to Magistrates Court)
Clause 11
(1) Section 31(1) and (2), after `appeal'-- 12
insert-- 13
`to a Magistrates Court'. 14
(2) Section 31-- 15
insert-- 16
`(2A) A person may appeal to a Magistrates Court against the following 17
decisions-- 18
(a) a decision of a licensee, under section 261C, to give the person 19
an exclusion direction; 20
(b) a decision of a licensee, under section 261F, refusing to revoke an 21
exclusion direction given to the person.6'. 22
(3) Section 31(3), `The appeal'-- 23
6 Sections 261C (Exclusion direction) and 261F (Deciding application to revoke
exclusion direction)
s 33 45 s 34
Gambling Legislation Amendment Bill 2004
omit, insert-- 1
`For subsections (1) and (2), the appeal'. 2
(4) Section 31(2A) and (3)-- 3
renumber as section 31(3) and (4). 4
33 Amendment of s 32 (Appeals to commission)
Clause 5
Section 32(1A)(h), (i) and (j)-- 6
omit, insert-- 7
`(h) a decision, under section 214D, immediately suspending the 8
licence; 9
(i) a decision, under section 214E, suspending or cancelling the 10
licence; 11
(j) a decision, under section 214G, censuring the holder of the 12
licence; 13
(k) a decision, under section 214H, directing the holder of the 14
licence to rectify a matter.'. 15
34 Amendment of s 33 (Starting appeal)
Clause 16
(1) Section 33(1), `the Magistrates Court', first mention-- 17
omit, insert-- 18
`a Magistrates Court'. 19
(2) Section 33(1)(b)-- 20
omit, insert-- 21
`(b) serving a copy of the notice on-- 22
(i) for an appeal against a decision mentioned in section 31(1) 23
or (2)--the commission; or 24
(ii) for an appeal against a decision mentioned in 25
section 31(3)--the licensee who made the decision; and 26
(c) complying with rules of court applicable to the appeal.'. 27
s 35 46 s 37
Gambling Legislation Amendment Bill 2004
35 Amendment of s 37 (Powers of appeal authority)
Clause 1
Section 37(3), from `immediately'-- 2
omit, insert-- 3
`, as soon as practicable after deciding the appeal, give each party to the 4
appeal written notice of its decision and the reasons for the decision.'. 5
36 Amendment of s 53 (Criminal history reports for investigations)
Clause 6
(1) Section 53, heading, `for investigations'-- 7
omit. 8
(2) Section 53(1), before `the investigation'-- 9
insert-- 10
`an inquiry about a person under section 18(7)7 or'. 11
37 Replacement of s 54 (Secrecy)
Clause 12
Section 54-- 13
omit, insert-- 14
`54 Confidentiality of information 15
`(1) A person who is, or was, a commissioner must not disclose 16
confidential information gained by the person or commission in performing 17
a function or exercising a power under this Act or another Act. 18
Maximum penalty--200 penalty units or 2 years imprisonment. 19
`(2) However, the person may disclose confidential information if-- 20
(a) the disclosure is for a purpose under this Act or another Act; or 21
(b) the disclosure is otherwise required or permitted by law. 22
`(3) A person who is, or was, a departmental officer or an inspector must 23
not disclose confidential information gained by the person in performing 24
functions under this Act. 25
Maximum penalty--200 penalty units or 2 years imprisonment. 26
7 Section 18 (Commissioners)
s 37 47 s 37
Gambling Legislation Amendment Bill 2004
`(4) A person who is, or was, a licensed monitoring operator must not 1
disclose information about a licensee's operations gained by the person in 2
carrying out the person's operations as a licensed monitoring operator. 3
Maximum penalty--200 penalty units or 2 years imprisonment. 4
`(5) A person who is, or was, employed by a licensed monitoring 5
operator in any capacity must not disclose information about a licensee's 6
operations gained by the person in carrying out the person's functions in 7
that capacity. 8
Maximum penalty--200 penalty units or 2 years imprisonment. 9
`(6) However, a person mentioned in subsection (3), (4) or (5) may 10
disclose confidential or other information if-- 11
(a) the disclosure is for a purpose under this Act or a gaming Act; or 12
(b) the disclosure is otherwise required or permitted by law; or 13
(c) the chief executive approves the disclosure under this section. 14
`(7) The chief executive may approve a disclosure of confidential or 15
other information by a person mentioned in subsection (3), (4) or (5) to-- 16
(a) an entity prescribed under a regulation; or 17
(b) an officer, employee or member of the entity; or 18
(c) a stated department, person or other entity. 19
`(8) Before giving an approval for subsection (6)(c), the chief executive 20
must-- 21
(a) give written notice of the proposed approval to each person 22
whom the chief executive considers is likely to be affected 23
adversely by the disclosure; and 24
(b) give the person the opportunity to make a submission about the 25
proposed approval within the period, of at least 14 days, stated in 26
the notice. 27
`(9) If, under an approval given by the chief executive, a person 28
mentioned in subsection (3), (4) or (5) discloses confidential or other 29
information to an entity or person, the entity or person, and any employee 30
or other person under the control of the entity or person, are taken to be 31
persons to whom the subsection applies and to have gained the confidential 32
or other information in the way mentioned in the subsection. 33
`(10) In this section-- 34
s 38 48 s 38
Gambling Legislation Amendment Bill 2004
"confidential information" means information, other than information 1
that is publicly available, about-- 2
(a) a person's personal affairs, business affairs or reputation, 3
character, criminal history, current financial position or financial 4
background; or 5
(b) a person making an application under this Act.'. 6
38 Amendment of s 67 (Changes in circumstances of category 2
Clause 7
licensees) 8
(1) Section 67(1)(c), `there is a material change affecting the 9
provisions'-- 10
omit, insert-- 11
`the licensee intends to materially change a provision'. 12
(2) Section 67(2)-- 13
omit, insert-- 14
`(2) This section also applies to a category 2 licensee, in relation to the 15
category 2 licensed premises, if the licensee intends-- 16
(a) to enter into a management agreement for the licensee's business 17
or operations; or 18
(b) to change a management agreement for the licensee's business or 19
operations into which the licensee has entered. 20
`(2A) The licensee must, at least 28 days before the proposed material 21
change happens, or the licensee enters into the proposed management 22
agreement or changes the management agreement, give to the chief 23
executive a written notice including full details of the proposed material 24
change, management agreement or change to the management agreement. 25
Maximum penalty--100 penalty units.'. 26
(3) Section 67(4), `there is a material change affecting'-- 27
omit, insert-- 28
`a licensee intends to materially change'. 29
(4) Section 67(4)(a)(i) and (b)(i), `a change happens affecting'-- 30
omit, insert-- 31
`the proposed change will likely affect'. 32
s 38 49 s 38
Gambling Legislation Amendment Bill 2004
(5) Section 67(4)(a)(ii) and (b)(ii), `changes'-- 1
omit, insert-- 2
`will likely change'. 3
(6) Section 67-- 4
insert-- 5
`(5) The licensee must, within 7 days after the material change happens, 6
or the licensee enters into the management agreement or changes the 7
management agreement, give to the chief executive a written notice 8
including full details of the material change, management agreement or 9
change to the management agreement. 10
Maximum penalty--100 penalty units. 11
`(6) In this section-- 12
` "management agreement", for a licensee's business or operations, 13
means an agreement or arrangement made by the licensee about the 14
management of the licensee's business or operations, other than an 15
agreement or arrangement-- 16
(a) made by the licensee with an individual who-- 17
(i) is not a party to an agreement or arrangement about the 18
management of another licensee's business or operations; or 19
(ii) is not an associate of a person who is a party to an 20
agreement or arrangement about the management of another 21
licensee's business or operations; and 22
(b) for which the licensee is required, under the Taxation 23
Administration Act 1953 (Cwlth), schedule 1, part 25, 24
division 12, subdivision 12-B, section 1235,8 to withhold an 25
amount from the individual's salary or wages under the 26
agreement or arrangement.'. 27
(7) Section 67(2A) to (6)-- 28
renumber as section 67(3) to (7). 29
8 Taxation Administration Act 1953 (Cwlth), schedule 1 (Collection and recovery of
income tax and other liabilities), part 2-5 (Pay as you go (PAYG) withholding),
division 12 (Payments from which amounts must be withheld), subdivision 12B
(Payments for work and services), section 1235 (Payment to employee)
s 39 50 s 40
Gambling Legislation Amendment Bill 2004
39 Amendment of s 71 (Issue of copy or replacement gaming
Clause 1
machine licences) 2
(1) Section 71, heading, after `licences'-- 3
insert-- 4
`--generally'. 5
(2) Section 71(2), after `licensee' first mention-- 6
insert-- 7
`or a licensee's licensed premises'. 8
(3) Section 71(2), `current name'-- 9
omit, insert-- 10
`or licensed premises' current name'. 11
40 Insertion of new s 71A
Clause 12
After section 71-- 13
insert-- 14
`71A Replacement of gaming machine licence for particular changes 15
`(1) Subsection (2) applies if-- 16
(a) under section 80A(2), the number of gaming machines approved 17
for a licensee's licensed premises is taken to be the number 18
installed by the relevant date under the subsection for the 19
licensee's gaming machine licence; or 20
(b) under section 85AA(3), the number of additional gaming 21
machines approved for a licensee's licensed premises under an 22
approval mentioned in section 85AA(1) is taken to be the number 23
installed by the relevant date under section 85AA(3) for the 24
approval. 25
`(2) The licensee must, within 7 days after the relevant date, give to the 26
chief executive-- 27
(a) the licensee's gaming machine licence; and 28
(b) the fee prescribed under a regulation. 29
Maximum penalty--40 penalty units. 30
s 41 51 s 41
Gambling Legislation Amendment Bill 2004
`(3) Subsection (4) applies if a licensee receives a notice under 1
section 83(5) or (6), 85C(5) or (6), 88A(1) or (2) or 90C(5) or (6) relating 2
to a decision approving an increase or a decrease in the approved number 3
of gaming machines, or to the hours of gaming, for the licensee's licensed 4
premises. 5
`(4) The licensee must, within 7 days after receiving the notice, give to 6
the chief executive-- 7
(a) the licensee's gaming machine licence; and 8
(b) the fee prescribed under a regulation. 9
Maximum penalty--40 penalty units. 10
`(5) If the chief executive receives a licensee's gaming machine licence 11
under subsection (2) or (4), the chief executive must as soon as 12
practicable-- 13
(a) replace the licence having regard to the matters mentioned in 14
subsection (1) or (3); and 15
(b) give the replacement licence to the licensee. 16
`(6) If the replacement licence is for category 1 licensed premises, the 17
replacement licence must include the information mentioned in 18
section 68(2)(d).'. 19
41 Insertion of new s 79
Clause 20
After section 78-- 21
insert-- 22
`79 Other applications under Liquor Act 1992 23
`(1) This section applies if-- 24
(a) a person makes an approval application; and 25
(b) the relevant chief executive approves the application; and 26
(c) the chief executive issues a gaming machine licence (a "new 27
licence") to the relevant person for the approval application. 28
`(2) All operating authorities, if any, for the part of special facility 29
premises to which the approval application relates are transferred by 30
operation of this subsection to the holder of the new licence. 31
`(3) In this section-- 32
s 42 52 s 44
Gambling Legislation Amendment Bill 2004
"approval application" means an application under the Liquor Act 1992 1
for an approval that-- 2
(a) a part of special facility premises be let or sublet; or 3
(b) a franchise or management rights of a similar nature be granted 4
for a part of special facility premises. 5
"operating authority" does not include an operating authority that must 6
be sold at an authorised sale. 7
"relevant person", for an approval application, means the proposed lessee, 8
sublessee, franchisee, or proposed holder of management rights, for 9
the part of special facility premises to which the approval application 10
relates.'. 11
42 Omission of s 88B (Replacement licence for decrease proposal)
Clause 12
Section 88B-- 13
omit. 14
43 Amendment of s 127 (Changing conditions of licence)
Clause 15
(1) Section 127(2), from `promptly'-- 16
omit, insert-- 17
`immediately give the licensed supplier-- 18
(a) written notice of the changed conditions; and 19
(b) an information notice for the decision.'. 20
(2) Section 127(3)(a), before `notice'-- 21
insert-- 22
`information'. 23
44 Insertion of new pt 5, div 6
Clause 24
After section 214-- 25
insert-- 26
s 44 53 s 44
Gambling Legislation Amendment Bill 2004
`Division 6--Suspension and cancellation of licences, and other action 1
by chief executive 2
`Subdivision 1--Suspension and cancellation 3
`214A Grounds 4
`(1) Each of the following is a ground for suspending or cancelling a 5
licence under this part-- 6
(a) the holder of the licence-- 7
(i) is not a suitable person to hold the licence; or 8
(ii) acts in a way that is inappropriate for the conduct of 9
gaming; or 10
(iii) contravenes a provision of this Act, other than a provision a 11
contravention of which is an offence against this Act; or 12
(iv) contravenes a condition of the licence; or 13
(v) contravenes a written direction given to the holder by the 14
chief executive under this Act; 15
(b) the holder of the licence or an associate of the holder has a 16
conviction, other than a spent conviction, for-- 17
(i) an offence against this Act or a gaming Act; or 18
(ii) an indictable offence; 19
(c) the licence was issued because of a materially false or misleading 20
representation or document. 21
`(2) Also, each of the following is a ground for suspending or cancelling 22
a licence under this part that is held by a licensed repairer or a licensed 23
service contractor-- 24
(a) the holder of the licence contravenes section 210(2);9 25
(b) if the holder or an associate of the holder is an individual--the 26
holder or associate is an insolvent under administration within 27
the meaning of the Corporations Act, section 9; 28
9 Section 210 (Disclosure of influential or benefiting parties)
s 44 54 s 44
Gambling Legislation Amendment Bill 2004
(c) if the holder or an associate of the holder is a corporation--the 1
holder or associate is affected by control action under the 2
Corporations Act; 3
(d) an associate of the holder-- 4
(i) is not a suitable person to be an associate of the holder; or 5
(ii) contravenes a provision of this Act, other than a provision a 6
contravention of which is an offence against this Act; or 7
(iii) contravenes a written direction given to the associate by the 8
chief executive under this Act; or 9
(iv) has a conviction, other than a spent conviction, for an 10
offence against this Act or a gaming Act, or an indictable 11
offence. 12
`(3) For forming a belief that the ground mentioned in 13
subsection (1)(a)(i) exists, the chief executive may have regard to the same 14
matters to which the chief executive may have regard under 15
section 200(5)(a), (b) and (f)10 in considering an application for a licence 16
under this part. 17
`(4) For subsection (1)(a)(ii), the holder of a licence acts in a way that is 18
inappropriate for the conduct of gaming if the holder does, or omits to do, 19
an act that results in-- 20
(a) if the holder is a key monitoring employee of a licensed 21
monitoring operator-- 22
(i) the licensed monitoring operator's supply operations not 23
being conducted under the approved control system for the 24
operator's supply operations; and 25
(ii) the integrity of gaming and the conduct of gaming being 26
jeopardised; or 27
(b) otherwise--the integrity of gaming and the conduct of gaming 28
being jeopardised. 29
`(5) For forming a belief that the ground mentioned in 30
subsection (2)(d)(i) exists, the chief executive may have regard to the same 31
matters to which the chief executive may have regard under 32
section 200(5)(a) and (b) in considering an application for a licence under 33
this part. 34
10 Section 200 (Chief executive to consider application)
s 44 55 s 44
Gambling Legislation Amendment Bill 2004
`(6) In this section-- 1
"spent conviction" means a conviction-- 2
(a) for which the rehabilitation period under the Criminal Law 3
(Rehabilitation of Offenders) Act 1986 has expired under that 4
Act; and 5
(b) that is not revived as prescribed by section 1111 of that Act. 6
`214B Show cause notice 7
`(1) If the chief executive believes a ground exists to suspend or cancel a 8
licence under this part, the chief executive must before taking action to 9
suspend or cancel the licence give the holder of the licence a written notice 10
(a "show cause notice"). 11
`(2) The show cause notice must state the following-- 12
(a) the action the chief executive proposes taking under this 13
subdivision (the "proposed action"); 14
(b) the grounds for the proposed action; 15
(c) an outline of the facts and circumstances forming the basis for 16
the grounds; 17
(d) if the proposed action is suspension of the licence--the proposed 18
suspension period; 19
(e) that the holder of the licence may, within a stated period (the 20
"show cause period"), make written representations to the chief 21
executive to show why the proposed action should not be taken. 22
`(3) The show cause period must end at least 21 days after the holder of 23
the licence is given the show cause notice. 24
`(4) Subsection (5) applies if the chief executive believes-- 25
(a) the holder of the licence is employed by an interested person of 26
the holder; and 27
(b) the existence of the grounds for the proposed action is likely to 28
adversely affect the conduct of gaming by the interested person. 29
11 Criminal Law (Rehabilitation of Offenders) Act 1986, section 11 (Revival of
convictions)
s 44 56 s 44
Gambling Legislation Amendment Bill 2004
`(5) The chief executive must immediately give a copy of the show cause 1
notice to the interested person. 2
`(6) The interested person may make written representations about the 3
show cause notice to the chief executive in the show cause period. 4
`214C Consideration of representations 5
`The chief executive must consider all written representations 6
(the "accepted representations") made under section 214B(2)(e) or (6). 7
`214D Immediate suspension 8
`(1) The chief executive may suspend a licence under this part 9
immediately if the chief executive believes-- 10
(a) a ground exists to suspend or cancel the licence; and 11
(b) it is necessary to suspend the licence immediately-- 12
(i) in the public interest; or 13
(ii) to ensure the integrity of the conduct of gaming is not 14
jeopardised. 15
`(2) The suspension-- 16
(a) can be effected only by the chief executive giving the holder of 17
the licence an information notice for the decision to suspend it, 18
together with a show cause notice; and 19
(b) operates immediately the information notice is given to the 20
holder; and 21
(c) continues to operate until the show cause notice is finally dealt 22
with. 23
`(3) If the chief executive believes the holder of the licence is employed 24
by an interested person of the holder, the chief executive must immediately 25
give written notice of the suspension to the interested person. 26
`214E Suspension and cancellation of licence after show cause process 27
`(1) This section applies if-- 28
(a) there are no accepted representations for a show cause notice; or 29
s 44 57 s 44
Gambling Legislation Amendment Bill 2004
(b) after considering the accepted representations for a show cause 1
notice, the chief executive-- 2
(i) still believes a ground exists to suspend or cancel a licence 3
under this part; and 4
(ii) believes suspension or cancellation of the licence is 5
warranted. 6
`(2) This section also applies if the holder of a licence contravenes a 7
direction given to the holder under section 214H.12 8
`(3) The chief executive may-- 9
(a) if the proposed action was to suspend the licence--suspend the 10
licence for not longer than the proposed suspension period; or 11
(b) if the proposed action was to cancel the licence--cancel the 12
licence or suspend it for a period. 13
`(4) If the chief executive decides to take action under subsection (3), the 14
chief executive must immediately-- 15
(a) give an information notice for the decision to the holder of the 16
licence; and 17
(b) if the chief executive believes the holder is employed by an 18
interested person of the holder--give written notice of the 19
suspension or cancellation to the interested person. 20
`(5) The decision takes effect on the later of the following-- 21
(a) the day the information notice is given to the holder of the 22
licence; 23
(b) the day of effect stated in the information notice. 24
`(6) If the chief executive cancels the licence, the holder must give the 25
licence to the chief executive within 14 days after the cancellation takes 26
effect. 27
Maximum penalty for subsection (6)--40 penalty units. 28
12 Section 214H (Direction to rectify matter after show cause process)
s 44 58 s 44
Gambling Legislation Amendment Bill 2004
`Subdivision 2--Other action by chief executive 1
`214F Ending show cause process without further action 2
`(1) This section applies if, after considering the accepted 3
representations for a show cause notice, the chief executive no longer 4
believes a ground exists to suspend or cancel a licence under this part. 5
`(2) The chief executive-- 6
(a) must not take any further action about the show cause notice; and 7
(b) must give each of the following a written notice stating that no 8
further action is to be taken-- 9
(i) the holder of the licence; 10
(ii) an interested person to whom a copy of the show cause 11
notice was given under section 214B(5). 12
`214G Censuring licensed person 13
`(1) The chief executive may censure the holder of a licence under this 14
part for a matter relating to a ground for suspension or cancellation if the 15
chief executive-- 16
(a) believes a ground exists to suspend or cancel the licence but does 17
not believe that giving a show cause notice to the holder is 18
warranted; or 19
(b) after considering the accepted representations for a show cause 20
notice, still believes a ground exists to suspend or cancel the 21
licence but does not believe suspension or cancellation of the 22
licence is warranted. 23
`(2) The censure can be effected only by the chief executive giving the 24
holder of the licence an information notice for the decision to censure the 25
holder. 26
`(3) If the chief executive believes the holder of the licence is employed 27
by an interested person of the holder, the chief executive must immediately 28
give written notice of the censure to the interested person. 29
s 44 59 s 44
Gambling Legislation Amendment Bill 2004
`214H Direction to rectify matter after show cause process 1
`(1) This section applies if, after considering the accepted 2
representations for a show cause notice, the chief executive-- 3
(a) still believes a ground exists to suspend or cancel a licence under 4
this part; and 5
(b) believes a matter relating to the ground for suspension or 6
cancellation is capable of being rectified and it is appropriate to 7
give the holder of the licence an opportunity to rectify the matter. 8
`(2) The chief executive may direct the holder of the licence to rectify the 9
matter. 10
`(3) If the chief executive decides to give the holder of a licence a 11
direction under this section, the direction can be effected only by the chief 12
executive giving the holder an information notice for the decision. 13
`(4) The information notice must state the period for rectifying the 14
matter. 15
`(5) The period must be reasonable, having regard to the nature of the 16
matter to be rectified. 17
`(6) If the chief executive gave a copy of the show cause notice to an 18
interested person under section 214B(5), the chief executive must give 19
written notice of the direction to the interested person immediately after 20
giving the information notice to the holder of the licence. 21
`214I Cancellation or reduction of period of suspension 22
`(1) If the chief executive suspends a licence, the chief executive may, 23
for any remaining period of suspension and at any time the suspension is in 24
force-- 25
(a) cancel the period; or 26
(b) reduce the period by a stated period. 27
`(2) The chief executive may cancel or reduce the period only if the chief 28
executive considers it is appropriate to take the action. 29
`(3) The chief executive must immediately give written notice of the 30
decision to-- 31
(a) the holder of the licence; and 32
s 45 60 s 49
Gambling Legislation Amendment Bill 2004
(b) if the chief executive believed the holder was employed by an 1
interested person of the holder when the licence was 2
suspended--the interested person. 3
`(4) Subsection (1) does not apply to an immediate suspension.'. 4
45 Omission of ss 219222
Clause 5
Sections 219 to 222-- 6
omit. 7
46 Amendment of s 226 (Licensee's register of gaming machines)
Clause 8
Section 226(2)(a), after `licensee'-- 9
insert-- 10
`, or otherwise in the licensee's possession under an arrangement'. 11
47 Amendment of s 233 (Basic monitoring fees)
Clause 12
Section 233-- 13
insert-- 14
`Maximum penalty--200 penalty units.'. 15
48 Amendment of s 237 (Rules ancillary to gaming to be displayed
Clause 16
and enforced) 17
Section 237(a)-- 18
omit, insert-- 19
`(a) to be displayed in a conspicuous position, and in a way that 20
ensures the rules are clearly legible from a reasonable distance, 21
in each gaming machine area on the licensed premises; and'. 22
49 Amendment of s 254 (Minors can not be allowed to game)
Clause 23
Section 254(1), penalty, paragraph (a), `a gaming employee'-- 24
omit, insert-- 25
`the licensee's nominee'. 26
s 50 61 s 50
Gambling Legislation Amendment Bill 2004
50 Replacement of s 261 (Licensees to prohibit certain persons from
Clause 1
gaming) 2
Section 261-- 3
omit, insert-- 4
`Division 10--Excluding or removing persons from licensed premises or 5
gaming machine areas 6
`Subdivision 1--Provisions about self-exclusion 7
`261 Self-exclusion notice 8
`(1) A person may give to a licensee a notice in the approved form (a 9
"self-exclusion notice") asking the licensee to prohibit the person from 10
entering or remaining in-- 11
(a) the licensee's licensed premises; or 12
(b) a gaming machine area on the licensed premises. 13
`(2) The person must, if asked by the licensee, give the licensee a recent 14
photo of the person together with the notice. 15
`(3) If a licensee's gaming machine licence relates to more than 16
1 licensed premises, a self-exclusion notice may relate to a stated premises 17
or all premises to which the gaming machine licence relates. 18
`261A Self-exclusion order 19
`(1) If a person gives a licensee a self-exclusion notice under 20
section 261, the licensee must as soon as practicable give to the person-- 21
(a) a notice in the approved form (a "self-exclusion order") 22
prohibiting the person from entering or remaining in the licensed 23
premises or gaming machine area; and 24
(b) details, including the name and address, of at least 1 entity that 25
provides counselling services for problem gamblers. 26
Maximum penalty--50 penalty units. 27
`(2) A self-exclusion order has effect for the period-- 28
(a) starting when it is given to the person; and 29
(b) ending on the earlier of the following-- 30
s 50 62 s 50
Gambling Legislation Amendment Bill 2004
(i) when a revocation notice for the order takes effect under 1
section 261B(3); 2
(ii) the day that is 5 years after the day the order is given to the 3
person. 4
`(3) If a licensee gives a person a self-exclusion order, the licensee must 5
as soon as practicable give to the chief executive a copy of-- 6
(a) the order; and 7
(b) the self-exclusion notice relating to the order. 8
`261B Revoking self-exclusion order 9
`(1) A person who is given a self-exclusion order may, by notice in the 10
approved form (a "revocation notice") given to the licensee of the licensed 11
premises to which the order relates, revoke the order. 12
`(2) However, the person may revoke the order only-- 13
(a) within 24 hours after the person receives it; or 14
(b) after 1 year after the person receives it. 15
`(3) A revocation notice takes effect-- 16
(a) if the notice is given to the licensee under 17
subsection (2)(a)--when it is given to the licensee; or 18
(b) otherwise--28 days after the day it is given to the licensee. 19
`(4) The licensee must, as soon as practicable after receiving a 20
revocation notice, give the chief executive written notice of the revocation. 21
`Subdivision 2--Exclusion instigated by licensee 22
`261C Exclusion direction 23
`(1) If a licensee believes on reasonable grounds a person is a problem 24
gambler, the licensee may give the person a notice in the approved form 25
(an "exclusion direction") prohibiting the person from entering or 26
remaining in-- 27
(a) the licensee's licensed premises; or 28
(b) a gaming machine area on the licensed premises. 29
s 50 63 s 50
Gambling Legislation Amendment Bill 2004
`(2) If a licensee's gaming machine licence relates to more than 1
1 licensed premises, an exclusion direction may relate to a stated premises 2
or all premises to which the gaming machine licence relates. 3
`(3) If a licensee decides to give a person an exclusion direction-- 4
(a) the direction must be accompanied by an information notice for 5
the decision; and 6
(b) the licensee must, as soon as practicable after giving the 7
direction, give a copy of it to the chief executive. 8
`261D Duration of exclusion direction 9
`An exclusion direction has effect for the period-- 10
(a) starting when it is given to the person concerned; and 11
(b) ending on the earlier of the following-- 12
(i) if the decision to give the direction is set aside on appeal 13
under part 2--when the decision is set aside; 14
(ii) if a revocation notice for the direction takes effect under 15
section 261F(6)--when the notice takes effect; 16
(iii) if a decision, under section 261F, refusing to revoke the 17
direction is set aside on appeal under part 2--when the 18
decision is set aside; 19
(iv) the day that is 5 years after the day the direction is given to 20
the person. 21
`261E Application to revoke exclusion direction 22
`(1) This section applies if a person is prohibited from entering or 23
remaining in a licensee's licensed premises, or a gaming machine area on 24
the licensed premises, under an exclusion direction. 25
`(2) The person may apply to the licensee for the licensed premises to 26
which the direction relates for revocation of the direction. 27
`(3) The application may only be made at least 1 year after the day the 28
person is given the direction. 29
`(4) The application must be-- 30
(a) in the approved form; and 31
s 50 64 s 50
Gambling Legislation Amendment Bill 2004
(b) supported by enough information to enable the licensee to decide 1
the application. 2
`(5) A person may apply under this section only once each year 3
commencing on the anniversary of the day the person was given the 4
direction. 5
`261F Deciding application to revoke exclusion direction 6
`(1) This section applies to an application under section 261E for 7
revocation of an exclusion direction. 8
`(2) The licensee must consider the application and, within 28 days after 9
receiving it, decide to revoke or refuse to revoke the direction. 10
`(3) If the licensee fails to decide the application within 28 days after its 11
receipt, the failure is taken to be a decision by the licensee to refuse to 12
revoke the direction. 13
`(4) In considering the application, the licensee may have regard to the 14
information supporting the application and any other information the 15
licensee considers relevant, including, for example, a report of a 16
psychologist. 17
`(5) If the licensee decides to revoke the direction, the licensee must as 18
soon as practicable-- 19
(a) give the applicant notice of the revocation in the approved form 20
(a "revocation notice"); and 21
(b) give the chief executive a copy of the revocation notice. 22
`(6) A revocation notice takes effect when it is given to the applicant. 23
`(7) If the licensee decides to refuse to revoke the direction, the licensee 24
must as soon as practicable give the applicant an information notice for the 25
decision. 26
`Subdivision 3--Other provisions 27
`261G Particular persons not to enter or remain in licensed premises 28
or gaming machine area 29
`A person who is prohibited from entering or remaining in licensed 30
premises or a gaming machine area under a self-exclusion order or an 31
s 50 65 s 50
Gambling Legislation Amendment Bill 2004
exclusion direction must not enter or remain in the licensed premises or 1
gaming machine area. 2
Maximum penalty--40 penalty units. 3
`261H Counselling 4
`(1) This section applies if a court finds a person (the "defendant") 5
guilty of, or accepts a person's plea of guilty for, an offence against 6
section 261G. 7
`(2) The court may, if satisfied the defendant is a problem gambler, 8
postpone its decision on penalty on condition that the defendant agrees to 9
attend counselling on a basis decided by the court. 10
`(3) The agreement-- 11
(a) must provide for counselling of a kind that may, in the court's 12
opinion, be beneficial in helping to overcome harmful behaviour 13
related to gambling; and 14
(b) must provide for counselling over a period, of not more than 15
12 months, fixed by the court; and 16
(c) must allow the counsellor a discretion to disclose to the court 17
information about the defendant's participation in the 18
counselling if the counsellor believes the disclosure will help the 19
court to exercise its powers and discretions in an appropriate way 20
under this section; and 21
(d) must provide that the counsellor is to report to the court a failure 22
by the defendant to attend counselling under the agreement. 23
`(4) To decide whether the defendant is a problem gambler and, if so, 24
whether counselling of an appropriate kind is available, the court may have 25
regard to any information the court considers relevant, including, for 26
example, a report of a psychiatrist or a psychologist. 27
`(5) If the court postpones a decision on penalty under this section, the 28
court must proceed to make a decision on penalty-- 29
(a) as soon as practicable after the end of the period fixed for the 30
counselling; or 31
(b) if, during the period fixed for the counselling, the defendant 32
advises the court that he or she does not want to continue with 33
the counselling--as soon as practicable after the court receives 34
the advice; or 35
s 50 66 s 50
Gambling Legislation Amendment Bill 2004
(c) if, during the period fixed for the counselling, the counsellor 1
reports to the court that the defendant has failed to attend 2
counselling under the agreement or to participate satisfactorily in 3
the counselling--as soon as practicable after the court receives 4
the report. 5
`(6) In making its decision on penalty after a postponement under this 6
section, the court-- 7
(a) must consider whether and, if so, to what extent, the defendant 8
has made a genuine attempt to overcome harmful behaviour 9
related to gambling; and 10
(b) may, for considering the matters mentioned in paragraph (a), 11
have regard to the report of a counsellor appointed to counsel the 12
defendant under an agreement under this section. 13
`261I Obligation to prevent person from entering or remaining in 14
licensed premises or gaming machine area 15
`(1) This section applies to a licensee or an employee of the licensee if 16
the licensee or employee knows that a person is prohibited from entering or 17
remaining in the licensee's licensed premises, or a gaming machine area on 18
the licensed premises, under a self-exclusion order or an exclusion 19
direction. 20
`(2) The licensee or employee must take reasonable steps to prevent the 21
person from entering or remaining in the licensed premises or gaming 22
machine area. 23
Maximum penalty-- 24
(a) for a licensee--250 penalty units; or 25
(b) for another person--40 penalty units. 26
`(3) It is lawful for the licensee or employee to use necessary and 27
reasonable force to prevent the person from entering or remaining in the 28
licensed premises or gaming machine area. 29
`(4) The force that may be used does not include force that is likely to 30
cause bodily harm to the person. 31
`(5) Subsection (2) must not be construed as requiring a licensee or an 32
employee to use reasonable force to prevent a person from entering or 33
remaining in the licensed premises or gaming machine area. 34
s 51 67 s 52
Gambling Legislation Amendment Bill 2004
`261J Register 1
`(1) A licensee must keep a register, in the approved form, of persons 2
who are prohibited from entering or remaining in the licensee's licensed 3
premises, or a gaming machine area on the licensed premises, under a 4
self-exclusion order or an exclusion direction. 5
Maximum penalty--40 penalty units. 6
`(2) The licensee must keep the register available for inspection by an 7
inspector. 8
`261K Notice of contravention of order or direction 9
`(1) This section applies if, under section 261I, a licensee or an employee 10
of a licensee prevents a person from entering or remaining in the licensee's 11
licensed premises or a gaming machine area on the licensed premises. 12
`(2) The licensee must as soon as practicable give the chief executive 13
notice, in the approved form, of the prevention. 14
Maximum penalty--40 penalty units.'. 15
51 Amendment of s 262 (Removal of certain persons)
Clause 16
(1) Section 262(2), `or 261'-- 17
omit. 18
(2) Section 262-- 19
insert-- 20
`(4) The force that may be used does not include force that is likely to 21
cause bodily harm to the person.'. 22
52 Amendment of s 265 (Manufacture, sale, supply, obtaining or
Clause 23
possession of gaming machines) 24
(1) Section 265(5) to (7)-- 25
omit. 26
(2) Section 265(8) to (12)-- 27
renumber as section 265(5) to (9). 28
(3) Section 265(6), (7) and (8), as renumbered, `(8)'-- 29
s 53 68 s 54
Gambling Legislation Amendment Bill 2004
omit, insert-- 1
`(5)'. 2
(4) Section 265(13)-- 3
omit. 4
53 Amendment of s 265A (Dealing with gaming equipment etc. by
Clause 5
monitoring operators and approved financiers) 6
(1) Section 265A(1)(b)-- 7
renumber as section 265A(1)(c). 8
(2) Section 265A(1)-- 9
insert-- 10
`(b) sell or supply, on written order with the chief executive's written 11
approval, gaming machines to a licensed monitoring operator, an 12
approved financier, a licensee or a gaming trainer; and'. 13
54 Insertion of new s 267A
Clause 14
After section 267-- 15
insert-- 16
`267A Possession etc. of particular gaming equipment by 17
approved evaluator 18
`(1) An approved evaluator is authorised to obtain and be in possession 19
of gaming machines, linked jackpot equipment and restricted components 20
for the purpose of testing the gaming machines, equipment or components. 21
`(2) An approved evaluator must not use premises to test designated 22
equipment unless the chief executive has approved the premises for testing 23
the equipment. 24
Maximum penalty--200 penalty units. 25
`(3) An application for the approval of premises must be made in the way 26
prescribed under a regulation. 27
`(4) In this section-- 28
"designated equipment" means-- 29
(a) gaming equipment; or 30
s 55 69 s 56
Gambling Legislation Amendment Bill 2004
(b) property of an approved evaluator that is ancillary or related to 1
the gaming equipment in the evaluator's possession; or 2
(c) restricted components.'. 3
55 Amendment of s 287 (Requirements for approvals for linked
Clause 4
jackpot arrangements) 5
Section 287(9), from `subsection (7)(b)'-- 6
omit, insert-- 7
`subsection (7)(b)-- 8
(a) if the operator stops conducting monitoring operations when the 9
arrangement stops operating--give the amount to the chief 10
executive, for payment into the consolidated fund, within 7 days 11
after the day the account stops operating; or 12
(b) if the operator continues to conduct monitoring operations after 13
the arrangement stops operating--deal with the amount in the 14
way approved by the chief executive, having regard to the 15
amount in the approved trust account and the interests of players 16
of gaming machines.'. 17
56 Amendment of s 305 (Community benefit statement and other
Clause 18
associated documents for audit report for category 2 licensee) 19
(1) Section 305(1)(e)-- 20
renumber as section 305(1)(f). 21
(2) Section 305(1)-- 22
insert-- 23
`(e) a statement, in the approved form, containing details of all 24
benefits given by the licensee to each of the following persons in 25
the financial year-- 26
(i) a member of the licensee's management committee or 27
board, or the secretary of the licensee; 28
(ii) a lessor of the licensee's licensed premises; 29
(iii) a person who-- 30
s 56 70 s 56
Gambling Legislation Amendment Bill 2004
(A) has entered into an agreement or an arrangement with 1
the licensee about the management of the licensee's 2
business or operations; or 3
(B) is responsible for the day to day management of the 4
operation of the licensed premises; 5
(iv) a person who is an associate of a person mentioned in 6
subparagraphs (i) to (iii); 7
(v) another person prescribed under a regulation; and'. 8
(3) Section 305(1A), after `subsection (1)(c)'-- 9
insert-- 10
`must'. 11
(4) Section 305(1A)(a) and (b), `must'-- 12
omit. 13
(5) Section 305-- 14
insert-- 15
`(1B) The approved form under subsection (1)(e) must include provision 16
for the following-- 17
(a) the name of the person to whom the benefit is given; 18
(b) the nature of the benefit; 19
(c) the amount or monetary value of the benefit.'. 20
(6) Section 305(2), `(1)(a) or (b)'-- 21
omit, insert-- 22
`(1)(a), (b), (e) or (f)'. 23
(7) Section 305-- 24
insert-- 25
`(4A) Despite subsection (1)(e), the statement mentioned in that 26
paragraph need not contain details of approved benefits given to a person if 27
the total amount or monetary value of the approved benefits is less than an 28
amount prescribed under a regulation.'. 29
(8) Section 305(6)-- 30
insert-- 31
s 57 71 s 58
Gambling Legislation Amendment Bill 2004
` "approved benefit" means a benefit that is approved by a category 2 1
licensee's management committee or board as a benefit that may be 2
given by the licensee to a person. 3
"benefit" includes the following-- 4
(a) salaries, wages, allowances and financial incentives; 5
(b) a payment under a lease, agreement or arrangement; 6
(c) service and advantage. 7
"monetary value", for a benefit that is not money, means the value of the 8
benefit in monetary terms reasonably estimated by the management 9
committee or board of the licensee who gave the benefit.'. 10
(9) Section 305(1A) to (6)-- 11
renumber as section 305(2) to (9). 12
(10) Section 305(8), as renumbered, `subsection (6)'-- 13
omit, insert-- 14
`subsection (9)'. 15
57 Amendment of s 317 (Payment of taxes etc.)
Clause 16
Section 317(1)-- 17
insert-- 18
`Maximum penalty--200 penalty units.'. 19
58 Insertion of new s 341A
Clause 20
After section 341-- 21
insert-- 22
`341A Restriction on membership of management committee or board 23
`(1) This section applies to each of the following persons-- 24
(a) a lessor of a category 2 licensee's licensed premises; 25
(b) a person who is a creditor of a category 2 licensee; 26
(c) a person who-- 27
s 59 72 s 59
Gambling Legislation Amendment Bill 2004
(i) has entered into an agreement or an arrangement with a 1
category 2 licensee about the management of the licensee's 2
business or operations; or 3
(ii) is responsible for the day to day management of the 4
operation of a category 2 licensee's licensed premises; 5
(d) a person who is an associate of a person mentioned in 6
paragraph (a), (b) or (c). 7
`(2) The person must not hold office as a member of the category 2 8
licensee's management committee or board, unless-- 9
(a) the person is nominated or otherwise chosen as a member of the 10
licensee's management committee or board, under the category 2 11
licensee's relevant rules, by a related entity of the licensee; or 12
(b) the chief executive authorises the person to be a member of the 13
management committee or board. 14
Maximum penalty--200 penalty units. 15
`(3) The chief executive must not authorise the person to be a member of 16
the category 2 licensee's management committee or board unless-- 17
(a) the licensee asks the chief executive to give the authorisation; 18
and 19
(b) the chief executive considers it is in the best interests of the 20
licensee to give the authorisation. 21
`(4) An authorisation for subsection (2)(b) must be by gazette notice. 22
`(5) In this section-- 23
"related entity", of a category 2 licensee, means a voluntary association of 24
persons from which the licensee was formed. 25
"relevant rules", of a category 2 licensee, means the memorandum and 26
articles of association, rules, constitution or other incorporating 27
documents of the licensee.'. 28
59 Insertion of new pt 12, div 9
Clause 29
After section 427-- 30
insert-- 31
s 59 73 s 59
Gambling Legislation Amendment Bill 2004
`Division 9--Provisions for Gambling Legislation Amendment Act 2004 1
`428 Definitions for div 9 2
`In this division-- 3
"commencement" means the day this division commences. 4
"pre-amended Act" means this Act as in force before the commencement 5
of the Gambling Legislation Amendment Act 2004, part 4. 6
`429 Dealing with notice to show cause 7
`(1) This section applies if-- 8
(a) under the pre-amended Act, section 219, the chief executive has 9
issued a notice to show cause to the holder of a licence; and 10
(b) the notice to show cause has not been finally dealt with before the 11
commencement. 12
`(2) For dealing with the notice to show cause, the pre-amended Act 13
continues to apply as if the Gambling Legislation Amendment Act 2004, 14
part 4, had not commenced. 15
`(3) Subsection (4) applies if, under the pre-amended Act, a person could 16
appeal to the commission against a decision of the chief executive relating 17
to the notice to show cause. 18
`(4) The person may appeal, and the commission may hear and decide 19
the appeal, under the pre-amended Act. 20
`430 Transitional provision about immediate suspension of licence 21
`(1) This section applies if the chief executive-- 22
(a) has suspended a licence under the pre-amended Act, section 220; 23
and 24
(b) has not given the holder of the licence a notice to show cause as 25
required under that section before the commencement. 26
`(2) The chief executive must, within 7 days after suspending the licence, 27
give the holder a notice to show cause under the pre-amended Act, 28
section 219(2). 29
s 59 74 s 59
Gambling Legislation Amendment Bill 2004
`(3) The suspension of the licence continues until the notice to show 1
cause is finally dealt with. 2
`(4) For giving and dealing with the notice to show cause, the 3
pre-amended Act continues to apply as if the Gambling Legislation 4
Amendment Act 2004, part 4, had not commenced. 5
`(5) Subsection (6) applies if, under the pre-amended Act, a person could 6
appeal to the commission against a decision of the chief executive relating 7
to the notice to show cause. 8
`(6) The person may appeal, and the commission may hear and decide 9
the appeal, under the pre-amended Act. 10
`431 Direction to rectify under pre-amended Act 11
`(1) This section applies to a direction to rectify a matter given to a 12
holder of a licence under the pre-amended Act, section 219(12)(c)(i), if, 13
before the commencement-- 14
(a) the period for rectifying the matter under that Act has not ended; 15
or 16
(b) the period for rectifying the matter under that Act has ended and 17
action has not been taken under section 219(13) of that Act in 18
relation to a failure to comply with the direction. 19
`(2) A failure to comply with the direction may be dealt with under the 20
pre-amended Act as if the Gambling Legislation Amendment Act 2004, 21
part 4, had not commenced. 22
`432 Appeals to commission 23
`(1) Subsection (2) applies if-- 24
(a) a person has appealed to the commission against a decision of the 25
chief executive under a repealed provision; and 26
(b) the appeal has not been decided before the commencement. 27
`(2) The commission may hear, or continue to hear, and decide the 28
appeal under the pre-amended Act. 29
`(3) Subsection (4) applies if-- 30
s 59 75 s 59
Gambling Legislation Amendment Bill 2004
(a) immediately before the commencement a person could have 1
appealed to the commission against a decision of the chief 2
executive under a repealed provision; and 3
(b) the person has not appealed before the commencement. 4
`(4) The person may appeal, and the commission may hear and decide 5
the appeal, under the pre-amended Act. 6
`(5) In this section-- 7
"repealed provision" means the pre-amended Act, section 219(12), (13) 8
or (14), or 220(2). 9
`433 Continuation of obligation under pre-amended Act, s 261 10
`(1) This section applies to a licensee if, immediately before the 11
commencement, a prohibition by the licensee under the pre-amended Act, 12
section 261, is in force. 13
`(2) The pre-amended Act, section 261, continues to apply to the 14
licensee as if the Gambling Legislation Amendment Act 2004, part 4, had 15
not commenced. 16
`434 Members of category 2 licensee's management committee or 17
board 18
`(1) This section applies to a person who, immediately before the 19
commencement-- 20
(a) holds office as a member of a category 2 licensee's management 21
committee or board; and 22
(b) is a person to whom, apart from this section, section 341A(2) 23
applies. 24
`(2) Section 341A(2) does not apply to the person until the person's 25
current term ends. 26
`(3) In this section-- 27
"current term", for a person who holds office as a member of a category 2 28
licensee's management committee or board, means the person's term 29
of office in which the commencement happens.'. 30
s 60 76 s 60
Gambling Legislation Amendment Bill 2004
60 Amendment of schedule (Dictionary)
Clause 1
(1) Schedule, definitions "accepted representations", "conviction", 2
"decision maker", "employ", "show cause notice" and "show cause 3
period"-- 4
omit. 5
(2) Schedule-- 6
insert-- 7
` "accepted representations"-- 8
(a) for part 4, division 6--see section 142; and 9
(b) for part 5, division 6--see section 214C. 10
"bodily harm" means any bodily injury that interferes with health or 11
comfort. 12
"commencement"-- 13
(a) for part 12, division 7--see section 404; and 14
(b) for part 12, division 8--see section 408; and 15
(c) for part 12, division 9--see section 428. 16
"conviction" includes the acceptance of a plea of guilty or a finding of 17
guilt by a court even though a conviction is not recorded. 18
"decision maker", for an appeal to a Magistrates Court under section 31 or 19
the commission under section 32, means the entity who made the 20
decision appealed against. 21
"employ" includes engage on a contract for services or commission and 22
use the services of, whether or not for reward. 23
"exclusion direction" see section 261C(1). 24
"indictable offence" includes an indictable offence dealt with summarily, 25
whether or not the Criminal Code, section 659,13 applies to the 26
indictable offence. 27
"interested person", of a holder of a license under part 5, means-- 28
(a) if the holder is a licensed gaming employee or a licensed gaming 29
nominee--a licensee; or 30
13 Criminal Code, section 659 (Effect of summary conviction for indictable offences)
s 61 77 s 61
Gambling Legislation Amendment Bill 2004
(b) if the holder is a licensed key monitoring employee or a licensed 1
service contractor--a licensed monitoring operator; or 2
(c) if the holder is a licensed repairer--a licensed monitoring 3
operator, a licensed service contractor or another licensed 4
repairer. 5
"pre-amended Act", for part 12, division 9, see section 428. 6
"problem gambler" means a person whose behaviour indicates a 7
compulsion to gamble, an addiction to gambling, or an inability or 8
disinclination to make rational judgments about gambling. 9
"proposed action", for part 5, division 6, see section 214B(2)(a). 10
"revocation notice"-- 11
(a) for part 6, division 10, subdivision 1--see section 261B(1); and 12
(b) for part 6, division 10, subdivision 2--see section 261F(5)(a). 13
"self-exclusion notice" see section 261(1). 14
"self-exclusion order" see section 261A(1)(a). 15
"show cause notice"-- 16
(a) for part 4, division 6--see section 140(2); and 17
(b) for part 5, division 6--see section 214B(1). 18
"show cause period", for part 4, division 6, see section 140(2)(d).'. 19
(3) Schedule, definition "appeal authority", `the Magistrates Court'-- 20
omit, insert-- 21
`a Magistrates Court'. 22
PART 5--AMENDMENT OF INTERACTIVE 23
GAMBLING (PLAYER PROTECTION) ACT 1998 24
61 Act amended in pt 5
Clause 25
This part amends the Interactive Gambling (Player Protection) 26
Act 1998. 27
s 62 78 s 64
Gambling Legislation Amendment Bill 2004
62 Amendment of s 6 (Meaning of "interactive game")
Clause 1
(1) Section 6(2)-- 2
insert-- 3
`(ba)a lottery, other than the lottery known as `instant scratch-its' or 4
another instant lottery, conducted under a lottery licence under 5
the Lotteries Act 1997;'. 6
(2) Section 6(2)(ab) to (c)-- 7
renumber as section 6(2)(b) to (e). 8
(3) Section 6(3), `(2)(b)'-- 9
omit, insert-- 10
`(2)(c)'. 11
63 Amendment of s 74 (Changing conditions of key person licence)
Clause 12
Section 74(2), from `promptly--' to `; and'-- 13
omit, insert-- 14
`immediately-- 15
(a) give the key person licensee-- 16
(i) written notice of the changed conditions; and 17
(ii) an information notice about the decision; and'. 18
64 Replacement of pt 4, div 3 (Suspension and cancellation of key
Clause 19
person licences) 20
Part 4, division 3-- 21
omit, insert-- 22
s 64 79 s 64
Gambling Legislation Amendment Bill 2004
`Division 3--Suspension and cancellation of key person licences, and 1
other action by chief executive 2
`Subdivision 1--Suspension and cancellation 3
`77 Grounds 4
`(1) Each of the following is a ground for suspending or cancelling a key 5
person licensee's key person licence-- 6
(a) the key person licensee-- 7
(i) is not a suitable person to hold a key person licence; or 8
(ii) acts in a way that is inappropriate for the conduct of 9
interactive games; or 10
(iii) contravenes a provision of this Act, or a corresponding law 11
of a participating jurisdiction, other than a provision a 12
contravention of which is an offence against this Act or the 13
corresponding law; or 14
(iv) contravenes a condition of the licence; 15
(b) the key person licensee has a conviction, other than a spent 16
conviction, for-- 17
(i) an offence against this Act, a gaming Act or a corresponding 18
law of a participating jurisdiction; or 19
(ii) an indictable offence; 20
(c) the key person licence was issued because of a materially false or 21
misleading representation or document. 22
`(2) For forming a belief that the ground mentioned in 23
subsection (1)(a)(i) exists, the chief executive may have regard to the same 24
matters to which the chief executive may have regard under section 67(2)14 25
in deciding whether an applicant for a key person licence is a suitable 26
person to hold the licence. 27
`(3) For subsection (1)(a)(ii), a key person licensee acts in a way that is 28
inappropriate for the conduct of interactive games if the licensee does, or 29
omits to do, an act that results in-- 30
14 Section 67 (Conditions for granting application)
s 64 80 s 64
Gambling Legislation Amendment Bill 2004
(a) the conduct of interactive games by a licensed provider not being 1
conducted under the approved control system for the conduct of 2
the games; and 3
(b) the integrity of the conduct of interactive games being 4
jeopardised. 5
`(4) In this section-- 6
"spent conviction" means a conviction-- 7
(a) for which the rehabilitation period under the Criminal Law 8
(Rehabilitation of Offenders) Act 1986 has expired under that 9
Act; and 10
(b) that is not revived as prescribed by section 1115 of that Act. 11
`78 Show cause notice 12
`(1) If the chief executive believes a ground exists to suspend or cancel a 13
key person licence, the chief executive must before taking action to 14
suspend or cancel the licence give the key person licensee a written notice 15
(a "show cause notice"). 16
`(2) The show cause notice must state the following-- 17
(a) the action the chief executive proposes taking under this 18
subdivision (the "proposed action"); 19
(b) the grounds for the proposed action; 20
(c) an outline of the facts and circumstances forming the basis for 21
the grounds; 22
(d) if the proposed action is suspension of the licence--the proposed 23
suspension period; 24
(e) that the key person licensee may, within a stated period (the 25
"show cause period"), make written representations to the chief 26
executive to show why the proposed action should not be taken. 27
`(3) The show cause period must end at least 21 days after the key 28
person licensee is given the show cause notice. 29
`(4) Subsection (5) applies if the chief executive believes-- 30
15 Criminal Law (Rehabilitation of Offenders) Act 1986, section 11 (Revival of
convictions)
s 64 81 s 64
Gambling Legislation Amendment Bill 2004
(a) there is a key relationship between the key person licensee and a 1
licensed provider; and 2
(b) the existence of the grounds for the proposed action is likely to 3
adversely affect the conduct of interactive games by the licensed 4
provider. 5
`(5) The chief executive must immediately give a copy of the show cause 6
notice to the licensed provider. 7
`(6) The licensed provider may make written representations about the 8
show cause notice to the chief executive in the show cause period. 9
`79 Consideration of representations 10
`The chief executive must consider all written representations 11
(the "accepted representations") made under section 78(2)(e) or (6). 12
`80 Immediate suspension 13
`(1) The chief executive may suspend a key person licensee's key person 14
licence immediately if the chief executive believes-- 15
(a) a ground exists to suspend or cancel the licence; and 16
(b) it is necessary to suspend the licence immediately-- 17
(i) in the public interest; or 18
(ii) to ensure the integrity of the conduct of interactive games is 19
not jeopardised. 20
`(2) The suspension-- 21
(a) can be effected only by the chief executive giving the key person 22
licensee an information notice about the decision to suspend the 23
licence, together with a show cause notice; and 24
(b) operates immediately the information notice is given to the 25
licensee; and 26
(c) continues to operate until the show cause notice is finally dealt 27
with. 28
`(3) If the chief executive believes there is a key relationship between the 29
key person licensee and a licensed provider, the chief executive must 30
immediately give written notice of the suspension to the licensed provider. 31
s 64 82 s 64
Gambling Legislation Amendment Bill 2004
`81 Suspension and cancellation of licence after show cause process 1
`(1) This section applies if-- 2
(a) there are no accepted representations for a show cause notice; or 3
(b) after considering the accepted representations for a show cause 4
notice, the chief executive-- 5
(i) still believes a ground exists to suspend or cancel a key 6
person licence; and 7
(ii) believes suspension or cancellation of the licence is 8
warranted. 9
`(2) This section also applies if a key person licensee contravenes a 10
direction given to the licensee under section 83A.16 11
`(3) The chief executive may-- 12
(a) if the proposed action was to suspend the licence--suspend the 13
licence for not longer than the proposed suspension period; or 14
(b) if the proposed action was to cancel the licence--cancel the 15
licence or suspend it for a period. 16
`(4) If the chief executive decides to take action under subsection (3), the 17
chief executive must immediately-- 18
(a) give an information notice about the decision to the key person 19
licensee; and 20
(b) if the chief executive believes there is a key relationship between 21
the licensee and a licensed provider--give written notice of the 22
suspension or cancellation to the licensed provider. 23
`(5) The decision takes effect on the later of the following-- 24
(a) the day the information notice is given to the key person licensee; 25
(b) the day of effect stated in the information notice. 26
`(6) If the chief executive cancels the licence, the key person licensee 27
must give the licence to the chief executive within 14 days after the 28
cancellation takes effect. 29
Maximum penalty for subsection (6)--40 penalty units. 30
16 Section 83A (Direction to rectify matter after show cause process)
s 64 83 s 64
Gambling Legislation Amendment Bill 2004
`Subdivision 2--Other action by chief executive 1
`82 Ending show cause process without further action 2
`(1) This section applies if, after considering the accepted 3
representations for a show cause notice, the chief executive no longer 4
believes a ground exists to suspend or cancel a key person licence. 5
`(2) The chief executive-- 6
(a) must not take any further action about the show cause notice; and 7
(b) must give each of the following a written notice stating that no 8
further action is to be taken-- 9
(i) the key person licensee; 10
(ii) a licensed provider to whom a copy of the show cause 11
notice was given under section 78(5). 12
`83 Censuring key person licensee 13
`(1) The chief executive may censure a key person licensee for a matter 14
relating to a ground for suspension or cancellation if the chief executive-- 15
(a) believes a ground exists to suspend or cancel the licensee's key 16
person licence but does not believe that giving a show cause 17
notice to the licensee is warranted; or 18
(b) after considering the accepted representations for a show cause 19
notice, still believes a ground exists to suspend or cancel the 20
licensee's key person licence but does not believe suspension or 21
cancellation of the licence is warranted. 22
`(2) The censure can be effected only by the chief executive giving the 23
key person licensee an information notice about the decision to censure the 24
licensee. 25
`(3) If the chief executive believes there is a key relationship between the 26
key person licensee and a licensed provider, the chief executive must 27
immediately give written notice of the censure to the licensed provider. 28
`83A Direction to rectify matter after show cause process 29
`(1) This section applies if, after considering the accepted 30
representations for a show cause notice, the chief executive-- 31
s 64 84 s 64
Gambling Legislation Amendment Bill 2004
(a) still believes a ground exists to suspend or cancel a key person 1
licence; and 2
(b) believes a matter relating to the ground for suspension or 3
cancellation is capable of being rectified and it is appropriate to 4
give the key person licensee an opportunity to rectify the matter. 5
`(2) The chief executive may direct the key person licensee to rectify the 6
matter. 7
`(3) If the chief executive decides to give a key person licensee a 8
direction under this section, the direction can be effected only by the chief 9
executive giving the licensee an information notice about the decision. 10
`(4) The information notice must state the period for rectifying the 11
matter. 12
`(5) The period must be reasonable, having regard to the nature of the 13
matter to be rectified. 14
`(6) If the chief executive gave a copy of the show cause notice to a 15
licensed provider under section 78(5), the chief executive must give written 16
notice of the direction to the licensed provider immediately after giving the 17
information notice to the key person licensee. 18
`83B Cancellation or reduction of period of suspension 19
`(1) If the chief executive suspends a key person licence, the chief 20
executive may, for any remaining period of suspension and at any time the 21
suspension is in force-- 22
(a) cancel the period; or 23
(b) reduce the period by a stated period. 24
`(2) The chief executive may cancel or reduce the period only if the chief 25
executive considers it is appropriate to take the action. 26
`(3) The chief executive must immediately give written notice of the 27
decision to-- 28
(a) the key person licensee; and 29
(b) if the chief executive believed there was a key relationship 30
between the licensee and a licensed provider when the licence 31
was suspended--the licensed provider. 32
`(4) Subsection (1) does not apply to an immediate suspension.'. 33
s 65 85 s 66
Gambling Legislation Amendment Bill 2004
65 Amendment of s 128 (Control system submission)
Clause 1
(1) Section 128(5)-- 2
renumber as section 128(6). 3
(2) Section 128-- 4
insert-- 5
`(5) However, a licensed provider's control system submission need not 6
include particular information mentioned in subsection (4) if the chief 7
executive is satisfied, having regard to the nature of the licensed provider's 8
operations, that the information is not necessary for the chief executive's 9
proper consideration of the submission under section 130.'. 10
66 Replacement of s 137 (Prohibition of interactive gambling)
Clause 11
Section 137-- 12
omit, insert-- 13
`Division 5A--Excluding persons from participating in authorised 14
games as players 15
`Subdivision 1--Provisions about self-exclusion 16
`137 Self-exclusion notice 17
`A person who is registered with a licensed provider as a player may give 18
to the licensed provider a notice in the approved form (a "self-exclusion 19
notice") asking the licensed provider to prohibit the person from 20
participating as a player in authorised games conducted by the licensed 21
provider. 22
`137A Self-exclusion order 23
`(1) If a person gives a licensed provider a self-exclusion notice under 24
section 137, the licensed provider must as soon as practicable give to the 25
person-- 26
(a) a notice in the approved form (a "self-exclusion order") 27
prohibiting the person from participating as a player in 28
authorised games conducted by the licensed provider; and 29
s 66 86 s 66
Gambling Legislation Amendment Bill 2004
(b) details, including the name and address, of at least 1 entity that 1
provides counselling services for problem gamblers. 2
Maximum penalty--50 penalty units. 3
`(2) A self-exclusion order has effect for the period-- 4
(a) starting when it is given to the person; and 5
(b) ending on the earlier of the following-- 6
(i) when a revocation notice for the order takes effect under 7
section 137B(3); 8
(ii) the day that is 5 years after the day the order is given to the 9
person. 10
`(3) If a licensed provider gives a person a self-exclusion order, the 11
licensed provider must as soon as practicable give to the chief executive a 12
copy of-- 13
(a) the order; and 14
(b) the self-exclusion notice relating to the order. 15
`137B Revoking self-exclusion order 16
`(1) A person who is given a self-exclusion order may, by notice in the 17
approved form (a "revocation notice") given to the licensed provider who 18
gave the order, revoke the order. 19
`(2) However, the person may revoke the order only-- 20
(a) within 24 hours after the person receives it; or 21
(b) after 1 year after the person receives it. 22
`(3) A revocation notice takes effect-- 23
(a) if the notice is given to the licensed provider under 24
subsection (2)(a)--when it is given to the licensed provider; or 25
(b) otherwise--28 days after the day it is given to the licensed 26
provider. 27
`(4) The licensed provider must, as soon as practicable after receiving a 28
revocation notice, give the chief executive written notice of the revocation. 29
s 66 87 s 66
Gambling Legislation Amendment Bill 2004
`Subdivision 2--Exclusion instigated by licensed provider 1
`137C Exclusion direction 2
`(1) A licensed provider may give a person who is registered with the 3
licensed provider as a player a notice in the approved form (an "exclusion 4
direction") prohibiting the person from participating as a player in 5
authorised games conducted by the licensed provider. 6
`(2) The licensed provider may give the direction only if the licensed 7
provider believes on reasonable grounds the person is a problem gambler. 8
`(3) If a licensed provider decides to give a person an exclusion 9
direction-- 10
(a) the direction must be accompanied by an information notice 11
about the decision; and 12
(b) the licensed provider must, as soon as practicable after giving the 13
direction, give a copy of it to the chief executive. 14
`137D Duration of exclusion direction 15
`An exclusion direction has effect for the period-- 16
(a) starting when it is given to the person concerned; and 17
(b) ending on the earlier of the following-- 18
(i) if the decision to give the direction is set aside on appeal 19
under part 10--when the decision is set aside; 20
(ii) if a revocation notice for the direction takes effect under 21
section 137F(6)--when the notice takes effect; 22
(iii) if a decision, under section 137F, refusing to revoke the 23
direction is set aside on appeal under part 10--when the 24
decision is set aside; 25
(iv) the day that is 5 years after the day the direction is given to 26
the person. 27
`137E Application to revoke exclusion direction 28
`(1) This section applies if a person is prohibited from participating as a 29
player in authorised games conducted by a licensed provider under an 30
exclusion direction. 31
s 66 88 s 66
Gambling Legislation Amendment Bill 2004
`(2) The person may apply to the licensed provider for revocation of the 1
direction. 2
`(3) The application may only be made at least 1 year after the day the 3
person is given the direction. 4
`(4) The application must be-- 5
(a) in the approved form; and 6
(b) supported by enough information to enable the licensed provider 7
to decide the application. 8
`(5) A person may apply under this section only once each year 9
commencing on the anniversary of the day the person was given the 10
direction. 11
`137F Deciding application to revoke exclusion direction 12
`(1) This section applies to an application under section 137E for 13
revocation of an exclusion direction. 14
`(2) The licensed provider must consider the application and, within 15
28 days after receiving it, decide to revoke or refuse to revoke the direction. 16
`(3) If the licensed provider fails to decide the application within 28 days 17
after its receipt, the failure is taken to be a decision by the licensed provider 18
to refuse to revoke the direction. 19
`(4) In considering the application, the licensed provider may have 20
regard to the information supporting the application and any other 21
information the licensed provider considers relevant, including, for 22
example, a report of a psychologist. 23
`(5) If the licensed provider decides to revoke the direction, the licensed 24
provider must as soon as practicable-- 25
(a) give the applicant notice of the revocation in the approved form 26
(a "revocation notice"); and 27
(b) give the chief executive a copy of the revocation notice. 28
`(6) A revocation notice takes effect when it is given to the applicant. 29
`(7) If the licensed provider decides to refuse to revoke the direction, the 30
licensed provider must as soon as practicable give the applicant an 31
information notice for the decision. 32
s 66 89 s 66
Gambling Legislation Amendment Bill 2004
`Subdivision 3--Other provisions 1
`137G Particular persons not to participate in authorised games 2
`A person who is prohibited, under a self-exclusion order or an exclusion 3
direction, from participating as a player in authorised games conducted by 4
a licensed provider must not participate as a player in the games. 5
Maximum penalty--40 penalty units. 6
`137H Counselling 7
`(1) This section applies if a court finds a person (the "defendant") 8
guilty of, or accepts a person's plea of guilty for, an offence against 9
section 137G. 10
`(2) The court may, if satisfied the defendant is a problem gambler, 11
postpone its decision on penalty on condition that the defendant agrees to 12
attend counselling on a basis decided by the court. 13
`(3) The agreement-- 14
(a) must provide for counselling of a kind that may, in the court's 15
opinion, be beneficial in helping to overcome harmful behaviour 16
related to gambling; and 17
(b) must provide for counselling over a period, of not more than 18
12 months, fixed by the court; and 19
(c) must allow the counsellor a discretion to disclose to the court 20
information about the defendant's participation in the 21
counselling if the counsellor believes the disclosure will help the 22
court to exercise its powers and discretions in an appropriate way 23
under this section; and 24
(d) must provide that the counsellor is to report to the court a failure 25
by the defendant to attend counselling under the agreement. 26
`(4) To decide whether the defendant is a problem gambler and, if so, 27
whether counselling of an appropriate kind is available, the court may have 28
regard to any information the court considers relevant, including, for 29
example, a report of a psychiatrist or a psychologist. 30
`(5) If the court postpones a decision on penalty under this section, the 31
court must proceed to make a decision on penalty-- 32
s 66 90 s 66
Gambling Legislation Amendment Bill 2004
(a) as soon as practicable after the end of the period fixed for the 1
counselling; or 2
(b) if, during the period fixed for the counselling, the defendant 3
advises the court that he or she does not want to continue with 4
the counselling--as soon as practicable after the court receives 5
the advice; or 6
(c) if, during the period fixed for the counselling, the counsellor 7
reports to the court that the defendant has failed to attend 8
counselling under the agreement or to participate satisfactorily in 9
the counselling--as soon as practicable after the court receives 10
the report. 11
`(6) In making its decision on penalty after a postponement under this 12
section, the court-- 13
(a) must consider whether and, if so, to what extent, the defendant 14
has made a genuine attempt to overcome harmful behaviour 15
related to gambling; and 16
(b) may, for considering the matters mentioned in paragraph (a), 17
have regard to the report of a counsellor appointed to counsel the 18
defendant under an agreement under this section. 19
`137I Obligation to prevent persons from participating in authorised 20
games 21
`(1) This section applies to a licensed provider or an employee of the 22
licensed provider if the licensed provider or employee knows that a person 23
is prohibited, under a self-exclusion order or an exclusion direction, from 24
participating as a player in authorised games conducted by the licensed 25
provider. 26
`(2) The licensed provider or employee must take reasonable steps to 27
prevent the person from participating as a player in the authorised games. 28
Maximum penalty-- 29
(a) for a licensed provider--250 penalty units; or 30
(b) for another person--40 penalty units. 31
s 67 91 s 68
Gambling Legislation Amendment Bill 2004
`137J Register 1
`(1) A licensed provider must keep a register, in the approved form, of 2
persons who are prohibited from participating as a player in authorised 3
games conducted by the licensed provider under a self-exclusion order or 4
an exclusion direction. 5
Maximum penalty--40 penalty units. 6
`(2) The licensed provider must keep the register available for inspection 7
by an inspector. 8
`137K Notice of contravention of order or direction 9
`(1) This section applies if, under section 137I, a licensed provider or an 10
employee of a licensed provider prevents a person from participating as a 11
player in authorised games. 12
`(2) The licensee must as soon as practicable give the chief executive 13
notice, in the approved form, of the prevention. 14
Maximum penalty--40 penalty units.'. 15
67 Amendment of s 163 (Use of regulated interactive gambling
Clause 16
equipment) 17
Section 163, penalties, `40'-- 18
omit, insert-- 19
`200'. 20
68 Amendment of s 253 (Appeals by other persons)
Clause 21
(1) Section 253(1)-- 22
omit. 23
(2) Section 253(2), `(2)'-- 24
omit. 25
s 69 92 s 69
Gambling Legislation Amendment Bill 2004
69 Replacement of s 259 (Appeals to District Court)
Clause 1
Section 259-- 2
omit, insert-- 3
`Division 2--Appeals to Magistrates Court 4
`259 Who may appeal 5
`A person may appeal to a Magistrates Court against the following 6
decisions-- 7
(a) a decision of a licensed provider, under section 137C, to give the 8
person an exclusion direction; 9
(b) a decision of a licensed provider, under section 137F, refusing to 10
revoke an exclusion direction given to the person. 11
`259A Starting appeal 12
`(1) An appeal is started by-- 13
(a) filing a notice of appeal with the clerk of a Magistrates Court; 14
and 15
(b) serving a copy of the notice on the licensed provider who made 16
the decision; and 17
(c) complying with rules of court applicable to the appeal. 18
`(2) The notice of appeal must be filed within 28 days after the person is 19
given the information notice about the decision. 20
`(3) However, the court may, at any time, extend the time for filing the 21
notice of appeal. 22
`(4) The notice of appeal must state fully the grounds of appeal. 23
`259B Stay of operation of decision 24
`(1) The Magistrates Court may grant a stay of the decision to secure the 25
effectiveness of the appeal. 26
`(2) A stay-- 27
(a) may be given on the conditions the court considers appropriate; 28
and 29
s 69 93 s 69
Gambling Legislation Amendment Bill 2004
(b) operates for the period fixed by the court; and 1
(c) may be amended or cancelled by the court. 2
`(3) The period of a stay under this section must not extend past the time 3
when the court decides the appeal. 4
`(4) The appeal affects the decision, or carrying out of the decision, only 5
if it is stayed. 6
`259C Hearing procedures 7
`(1) In deciding an appeal, the Magistrates Court-- 8
(a) is not bound by the rules of evidence; and 9
(b) must comply with natural justice. 10
`(2) An appeal is by way of rehearing, unaffected by the decision 11
appealed against, on the material before the licensed provider who made 12
the decision and any further evidence allowed by the court. 13
`259D Court's powers on appeal 14
`(1) In deciding an appeal, the Magistrates Court may-- 15
(a) confirm the decision appealed against; or 16
(b) set aside the decision and substitute another decision; or 17
(c) set aside the decision and return the matter to the licensed 18
provider with directions the court considers appropriate. 19
`(2) If the court substitutes another decision, the substituted decision is, 20
for this Act, other than this division, taken to be the decision of the licensed 21
provider. 22
`Division 3--Appeals to District Court 23
`259E Appeal to District Court 24
`An appeal lies to the District Court against a decision of the Queensland 25
Gaming Commission or a Magistrates Court under this part but only on a 26
question of law.'. 27
s 70 94 s 71
Gambling Legislation Amendment Bill 2004
70 Amendment of s 260 (Confidentiality of information)
Clause 1
(1) Section 260(1), (2) and (3), before `information'-- 2
insert-- 3
`confidential'. 4
(2) Section 260(3)(c), `entity or person'-- 5
omit, insert-- 6
`person or other entity'. 7
(3) Section 260(5), before `information', first mention-- 8
insert-- 9
`confidential'. 10
(4) Section 260-- 11
insert-- 12
`(6) In this section-- 13
"confidential information" means information, other than information 14
that is publicly available, about-- 15
(a) a person's personal affairs, business affairs or reputation, 16
character, criminal history, current financial position or financial 17
background; or 18
(b) a person making an application under this Act.'. 19
71 Insertion of new pt 12
Clause 20
After section 263-- 21
insert-- 22
`PART 12--TRANSITIONAL PROVISIONS FOR 23
GAMBLING LEGISLATION AMENDMENT ACT 2004 24
`264 Definitions for pt 12 25
`In this part-- 26
"commencement" means the day this part commences. 27
s 71 95 s 71
Gambling Legislation Amendment Bill 2004
"pre-amended Act" means this Act as in force before the commencement 1
of the Gambling Legislation Amendment Act 2004, part 5. 2
`265 Dealing with show cause notice 3
`(1) This section applies if-- 4
(a) under the pre-amended Act, section 78 or 79, the chief executive 5
has given a show cause notice to a key person licensee; and 6
(b) the notice has not been finally dealt with before the 7
commencement. 8
`(2) For dealing with the show cause notice, the pre-amended Act 9
continues to apply as if the Gambling Legislation Amendment Act 2004, 10
part 5, had not commenced. 11
`(3) Subsection (4) applies if, under the pre-amended Act, a person could 12
appeal to the Queensland Gaming Commission against a decision of the 13
chief executive relating to the show cause notice. 14
`(4) The person may appeal, and the Queensland Gaming Commission 15
may hear and decide the appeal, under the pre-amended Act. 16
`266 Direction to rectify under pre-amended Act 17
`(1) Subsection (2) applies to a direction to rectify a matter given to a 18
key person licensee under the pre-amended Act, section 81(3), if-- 19
(a) the chief executive gave the direction to the licensee after 20
considering, under the pre-amended Act, the accepted 21
representations for a show cause notice; and 22
(b) before the commencement-- 23
(i) the period for rectifying the matter under that Act has not 24
ended; or 25
(ii) the period for rectifying the matter under that Act has ended 26
and action has not been taken under section 82 of that Act in 27
relation to a failure to comply with the direction. 28
`(2) A failure to comply with the direction may be dealt with under the 29
pre-amended Act as if the Gambling Legislation Amendment Act 2004, 30
part 5, had not commenced. 31
s 71 96 s 71
Gambling Legislation Amendment Bill 2004
`(3) Subsection (4) applies to a direction to rectify a matter given to a 1
key person licensee under the pre-amended Act, section 81(3), if-- 2
(a) the chief executive gave the direction to the licensee without a 3
show cause notice; and 4
(b) before the commencement-- 5
(i) the period for rectifying the matter under that Act has not 6
ended; or 7
(ii) the period for rectifying the matter under that Act has ended 8
and action has not been taken under that Act in relation to a 9
failure to comply with the direction. 10
`(4) A failure to comply with the direction is taken to be a contravention 11
of a provision of this Act, other than a provision a contravention of which is 12
an offence against this Act. 13
`267 Appeals to Queensland Gaming Commission 14
`(1) Subsection (2) applies if-- 15
(a) a person has appealed to the Queensland Gaming Commission 16
against a decision of the chief executive under the repealed 17
provision; and 18
(b) the appeal has not been decided before the commencement. 19
`(2) The Queensland Gaming Commission may hear, or continue to hear, 20
and decide the appeal under the pre-amended Act. 21
`(3) Subsection (4) applies if-- 22
(a) immediately before the commencement a person could have 23
appealed to the Queensland Gaming Commission against a 24
decision of the chief executive under the repealed provision; and 25
(b) the person has not appealed before the commencement. 26
`(4) The person may appeal, and the Queensland Gaming Commission 27
may hear and decide the appeal, under the pre-amended Act. 28
`(5) In this section-- 29
"repealed provision" means the pre-amended Act, section 82.'. 30
s 72 97 s 73
Gambling Legislation Amendment Bill 2004
72 Amendment of sch 2 (Decisions of chief executive subject to
Clause 1
appeal) 2
(1) Schedule 2, part 1, entry for section 82-- 3
omit. 4
(2) Schedule 2, part 2, entry for section 82-- 5
omit, insert-- 6
`80 Immediately suspending a key person
licence
81 Suspending or cancelling a key
person licence
83 Censuring a key person licensee
83A Directing a key person licensee to
rectify a matter'.
73 Amendment of sch 3 (Dictionary)
Clause 7
(1) Schedule 3, definitions "accepted representations", "information 8
notice", "show cause notice" and "show cause period"-- 9
omit. 10
(2) Schedule 3-- 11
insert-- 12
` "accepted representations"-- 13
(a) for part 3, division 3--see section 47; and 14
(b) for part 4, division 3--see section 79; and 15
(c) for part 5, division 2--see section 101(6); and 16
(d) for part 7, division 10--see section 152(6). 17
"commencement", for part 12, see section 264. 18
"exclusion direction" see section 137C(1). 19
"indictable offence" includes an indictable offence dealt with summarily, 20
whether or not the Criminal Code, section 659,17 applies to the 21
indictable offence. 22
17 Criminal Code, section 659 (Effect of summary conviction for indictable offences)
s 73 98 s 73
Gambling Legislation Amendment Bill 2004
"information notice", for a decision of the chief executive or a licensed 1
provider, means a written notice stating all of the following-- 2
(a) the decision; 3
(b) the reasons for the decision; 4
(c) that the person to whom the notice is given may, within 28 days 5
after the person receives the notice, appeal against the decision 6
to-- 7
(i) for a decision of the chief executive--the Queensland 8
Gaming Commission; or 9
(ii) for a decision of a licensed provider--a Magistrates Court; 10
(d) how the person may appeal to the Queensland Gaming 11
Commission or a Magistrates Court. 12
"pre-amended Act", for part 12, see section 264. 13
"problem gambler" means a person whose behaviour indicates a 14
compulsion to gamble, an addiction to gambling, or an inability or 15
disinclination to make rational judgments about gambling. 16
"proposed action", for part 4, division 3, see section 78(2)(a). 17
"revocation notice"-- 18
(a) for part 7, division 5A, subdivision 1--see section 137B(1); and 19
(b) for part 7, division 5A, subdivision 2--see section 137F(5)(a). 20
"self-exclusion notice" see section 137. 21
"self-exclusion order" see section 137A(1)(a). 22
"show cause notice"-- 23
(a) for part 3, division 3--see section 45(2); and 24
(b) for part 4, division 3--see section 78(1); and 25
(c) for part 5, division 2--see section 101(2); and 26
(d) for part 7, division 10--see section 152(2). 27
"show cause period", for part 3, division 3, see section 45(2)(e).'. 28
s 74 99 s 76
Gambling Legislation Amendment Bill 2004
PART 6--AMENDMENT OF KENO ACT 1996 1
74 Act amended in pt 6
Clause 2
This part amends the Keno Act 1996. 3
75 Amendment of s 58 (Changing conditions of licence)
Clause 4
(1) Section 58(2), from `promptly'-- 5
omit, insert-- 6
`immediately give the licensed keno employee-- 7
(a) written notice of the changed conditions; and 8
(b) an information notice about the decision.'. 9
(2) Section 58(3), `of'-- 10
omit, insert-- 11
`after'. 12
76 Replacement of pt 4, div 5 (Suspension and cancellation of keno
Clause 13
employee licences) 14
Part 4, division 5-- 15
omit, insert-- 16
`Division 5--Suspension and cancellation of keno employee licences, 17
and other action by chief executive 18
`Subdivision 1--Suspension and cancellation 19
`61 Grounds 20
`(1) Each of the following is a ground for suspending or cancelling a 21
licensed keno employee's keno employee licence-- 22
(a) the licensed keno employee-- 23
(i) is not a suitable person to hold a keno employee licence; or 24
s 76 100 s 76
Gambling Legislation Amendment Bill 2004
(ii) acts in a way that is inappropriate for the conduct of 1
approved keno games; or 2
(iii) contravenes a provision of this Act, other than a provision a 3
contravention of which is an offence against this Act; or 4
(iv) contravenes a condition of the licence; 5
(b) the licensed keno employee has a conviction, other than a spent 6
conviction, for-- 7
(i) an offence against this Act or a gaming Act; or 8
(ii) an indictable offence; 9
(c) the keno employee licence was issued because of a materially 10
false or misleading representation or document. 11
`(2) For forming a belief that the ground mentioned in 12
subsection (1)(a)(i) exists, the chief executive may have regard to the same 13
issues to which the chief executive may have regard under section 51(2)18 14
in deciding whether an applicant for a keno employee licence is a suitable 15
person to hold the licence. 16
`(3) For subsection (1)(a)(ii), a licensed keno employee acts in a way 17
that is inappropriate for the conduct of approved keno games if the 18
employee does, or omits to do, an act that results in-- 19
(a) the conduct of approved keno games at the keno gaming place at 20
which the employee is employed not being conducted under the 21
approved control system for the conduct of the games; and 22
(b) the integrity of the conduct of approved keno games being 23
jeopardised. 24
`(4) In this section-- 25
"spent conviction" means a conviction-- 26
(a) for which the rehabilitation period under the Criminal Law 27
(Rehabilitation of Offenders) Act 1986 has expired under that 28
Act; and 29
(b) that is not revived as prescribed by section 1119 of that Act. 30
18 See section 51 (Conditions for granting application)
19 Criminal Law (Rehabilitation of Offenders) Act 1986, section 11 (Revival of
convictions)
s 76 101 s 76
Gambling Legislation Amendment Bill 2004
`62 Show cause notice 1
`(1) If the chief executive believes a ground exists to suspend or cancel a 2
keno employee licence, the chief executive must before taking action to 3
suspend or cancel the licence give the licensed keno employee a written 4
notice (a "show cause notice"). 5
`(2) The show cause notice must state the following-- 6
(a) the action the chief executive proposes taking under this 7
subdivision (the "proposed action"); 8
(b) the grounds for the proposed action; 9
(c) an outline of the facts and circumstances forming the basis for 10
the grounds; 11
(d) if the proposed action is suspension of the licence--the proposed 12
suspension period; 13
(e) that the licensed keno employee may, within a stated period (the 14
"show cause period"), make written representations to the chief 15
executive to show why the proposed action should not be taken. 16
`(3) The show cause period must end at least 21 days after the licensed 17
keno employee is given the show cause notice. 18
`(4) Subsection (5) applies if the chief executive believes-- 19
(a) the licensed keno employee is employed by, or a key operator of, 20
a keno licensee; and 21
(b) the existence of the grounds for the proposed action is likely to 22
adversely affect the conduct of approved keno games by the keno 23
licensee. 24
`(5) The chief executive must immediately give a copy of the show cause 25
notice to the keno licensee. 26
`(6) The keno licensee may make written representations about the show 27
cause notice to the chief executive in the show cause period. 28
`63 Consideration of representations 29
`The chief executive must consider all written representations 30
(the "accepted representations") made under section 62(2)(e) or (6). 31
s 76 102 s 76
Gambling Legislation Amendment Bill 2004
`64 Immediate suspension 1
`(1) The chief executive may suspend a licensed keno employee's keno 2
employee licence immediately if the chief executive believes-- 3
(a) a ground exists to suspend or cancel the licence; and 4
(b) it is necessary to suspend the licence immediately-- 5
(i) in the public interest; or 6
(ii) to ensure the integrity of the conduct of approved keno 7
games is not jeopardised. 8
`(2) The suspension-- 9
(a) can be effected only by the chief executive giving the licensed 10
keno employee an information notice about the decision to 11
suspend the licence, together with a show cause notice; and 12
(b) operates immediately the information notice is given to the 13
employee; and 14
(c) continues to operate until the show cause notice is finally dealt 15
with. 16
`(3) If the chief executive believes the licensed keno employee is 17
employed by, or a key operator of, a keno licensee, the chief executive 18
must immediately give written notice of the suspension to the keno 19
licensee. 20
`65 Suspension and cancellation of licence after show cause process 21
`(1) This section applies if-- 22
(a) there are no accepted representations for a show cause notice; or 23
(b) after considering the accepted representations for a show cause 24
notice, the chief executive-- 25
(i) still believes a ground exists to suspend or cancel a keno 26
employee licence; and 27
(ii) believes suspension or cancellation of the licence is 28
warranted. 29
s 76 103 s 76
Gambling Legislation Amendment Bill 2004
`(2) This section also applies if a licensed keno employee contravenes a 1
direction given to the employee under section 67A.20 2
`(3) The chief executive may-- 3
(a) if the proposed action was to suspend the licence--suspend the 4
licence for not longer than the proposed suspension period; or 5
(b) if the proposed action was to cancel the licence--cancel the 6
licence or suspend it for a period. 7
`(4) If the chief executive decides to take action under subsection (3), the 8
chief executive must immediately-- 9
(a) give an information notice about the decision to the licensed 10
keno employee; and 11
(b) if the chief executive believes the employee is employed by, or a 12
key operator of, a keno licensee--give written notice of the 13
suspension or cancellation to the licensee. 14
`(5) The decision takes effect on the later of the following-- 15
(a) the day the information notice is given to the licensed keno 16
employee; 17
(b) the day of effect stated in the information notice. 18
`(6) If the chief executive cancels the licence, the licensed keno 19
employee must give the licence to the chief executive within 14 days after 20
the cancellation takes effect. 21
Maximum penalty for subsection (6)--40 penalty units. 22
`Subdivision 2--Other action by chief executive 23
`66 Ending show cause process without further action 24
`(1) This section applies if, after considering the accepted 25
representations for a show cause notice, the chief executive no longer 26
believes a ground exists to suspend or cancel a keno employee licence. 27
`(2) The chief executive-- 28
(a) must not take any further action about the show cause notice; and 29
20 Section 67A (Direction to rectify matter after show cause process)
s 76 104 s 76
Gambling Legislation Amendment Bill 2004
(b) must give each of the following a written notice stating that no 1
further action is to be taken-- 2
(i) the licensed keno employee; 3
(ii) a keno licensee to whom a copy of the show cause notice 4
was given under section 62(5). 5
`67 Censuring licensed keno employee 6
`(1) The chief executive may censure a licensed keno employee for a 7
matter relating to a ground for suspension or cancellation if the chief 8
executive-- 9
(a) believes a ground exists to suspend or cancel the employee's 10
keno employee licence but does not believe that giving a show 11
cause notice to the employee is warranted; or 12
(b) after considering the accepted representations for a show cause 13
notice, still believes a ground exists to suspend or cancel the 14
employee's keno employee licence but does not believe 15
suspension or cancellation of the licence is warranted. 16
`(2) The censure can be effected only by the chief executive giving the 17
licensed keno employee an information notice about the decision to 18
censure the employee. 19
`(3) If the chief executive believes the licensed keno employee is 20
employed by, or a key operator of, a keno licensee, the chief executive 21
must immediately give written notice of the censure to the keno licensee. 22
`67A Direction to rectify matter after show cause process 23
`(1) This section applies if, after considering the accepted 24
representations for a show cause notice, the chief executive-- 25
(a) still believes a ground exists to suspend or cancel a keno 26
employee licence; and 27
(b) believes a matter relating to the ground for suspension or 28
cancellation is capable of being rectified and it is appropriate to 29
give the licensed keno employee an opportunity to rectify the 30
matter. 31
`(2) The chief executive may direct the licensed keno employee to rectify 32
the matter. 33
s 77 105 s 77
Gambling Legislation Amendment Bill 2004
`(3) If the chief executive decides to give a licensed keno employee a 1
direction under this section, the direction can be effected only by the chief 2
executive giving the employee an information notice about the decision. 3
`(4) The information notice must state the period for rectifying the 4
matter. 5
`(5) The period must be reasonable, having regard to the nature of the 6
matter to be rectified. 7
`(6) If the chief executive gave a copy of the show cause notice to a keno 8
licensee under section 62(5), the chief executive must give written notice 9
of the direction to the keno licensee immediately after giving the 10
information notice to the licensed keno employee. 11
`67B Cancellation or reduction of period of suspension 12
`(1) If the chief executive suspends a keno employee licence, the chief 13
executive may, for any remaining period of suspension and at any time the 14
suspension is in force-- 15
(a) cancel the period; or 16
(b) reduce the period by a stated period. 17
`(2) The chief executive may cancel or reduce the period only if the chief 18
executive considers it is appropriate to take the action. 19
`(3) The chief executive must immediately give written notice of the 20
decision to-- 21
(a) the licensed keno employee; and 22
(b) if the chief executive believed the licensed keno employee was 23
employed by, or a key operator of, a keno licensee when the 24
licence was suspended--the keno licensee. 25
`(4) Subsection (1) does not apply to an immediate suspension.'. 26
77 Amendment of s 118 (Control system submission)
Clause 27
(1) Section 118(5)-- 28
renumber as section 118(6). 29
(2) Section 118-- 30
insert-- 31
s 78 106 s 80
Gambling Legislation Amendment Bill 2004
`(5) However, a keno licensee's control system submission need not 1
include particular information mentioned in subsection (4) if the chief 2
executive is satisfied, having regard to the nature of the licensee's 3
operations, that the information is not necessary for the chief executive's 4
proper consideration of the submission under section 120.'. 5
78 Amendment of s 146 (Use of regulated keno equipment)
Clause 6
Section 146(1), (2) and (3), penalties, `40'-- 7
omit, insert-- 8
`200'. 9
79 Omission of s 153 (Banning excessive gamblers from playing
Clause 10
approved keno games) 11
Section 153-- 12
omit. 13
80 Insertion of new pt 8, div 2A
Clause 14
Part 8, after section 154-- 15
insert-- 16
`Division 2A--Excluding persons from approved places of operation or 17
taking part in keno gaming 18
`Subdivision 1--Provisions about self-exclusion 19
`154A Self-exclusion notice 20
`(1) A person may give to an appointed agent a notice in the approved 21
form (a "self-exclusion notice") asking the agent to prohibit the person 22
from taking part in keno gaming at, or entering or remaining in, the agent's 23
approved place of operation. 24
`(2) The person must, if asked by the appointed agent, give the agent a 25
recent photo of the person together with the notice. 26
s 80 107 s 80
Gambling Legislation Amendment Bill 2004
`(3) If an appointed agent has more than 1 approved place of operation, a 1
self-exclusion notice may relate to a stated approved place of operation, or 2
all approved places of operation, of the agent. 3
`154B Self-exclusion order 4
`(1) If a person gives an appointed agent a self-exclusion notice under 5
section 154A, the agent must as soon as practicable give to the person-- 6
(a) a notice in the approved form (a "self-exclusion order") 7
prohibiting the person from taking part in keno gaming at, or 8
entering or remaining in, the agent's approved place of operation; 9
and 10
(b) details, including the name and address, of at least 1 entity that 11
provides counselling services for problem gamblers. 12
Maximum penalty--50 penalty units. 13
`(2) A self-exclusion order has effect for the period-- 14
(a) starting when it is given to the person; and 15
(b) ending on the earlier of the following-- 16
(i) when a revocation notice for the order takes effect under 17
section 154C(3); 18
(ii) the day that is 5 years after the day the order is given to the 19
person. 20
`(3) If an appointed agent gives a person a self-exclusion order, the agent 21
must as soon as practicable give to the chief executive a copy of-- 22
(a) the order; and 23
(b) the self-exclusion notice relating to the order. 24
`154C Revoking self-exclusion order 25
`(1) A person who is given a self-exclusion order may, by notice in the 26
approved form (a "revocation notice") given to the appointed agent who 27
gave the order, revoke the order. 28
`(2) However, the person may revoke the order only-- 29
(a) within 24 hours after the person receives it; or 30
(b) after 1 year after the person receives it. 31
s 80 108 s 80
Gambling Legislation Amendment Bill 2004
`(3) A revocation notice takes effect-- 1
(a) if the notice is given to the appointed agent under 2
subsection (2)(a)--when it is given to the agent; or 3
(b) otherwise--28 days after the day it is given to the agent. 4
`(4) The appointed agent must, as soon as practicable after receiving a 5
revocation notice, give the chief executive written notice of the revocation. 6
`Subdivision 2--Exclusion instigated by appointed agent 7
`154D Exclusion direction 8
`(1) An appointed agent may give a person a notice in the approved form 9
(an "exclusion direction") prohibiting the person from taking part in keno 10
gaming at, or entering or remaining in, the agent's approved place of 11
operation if the agent believes on reasonable grounds the person is a 12
problem gambler. 13
`(2) If an appointed agent has more than 1 approved place of operation, 14
an exclusion direction may relate to a stated approved place of operation, 15
or all approved places of operation, of the agent. 16
`(3) If an appointed agent decides to give a person an exclusion 17
direction-- 18
(a) the direction must be accompanied by an information notice 19
about the decision; and 20
(b) the agent must, as soon as practicable after giving the direction, 21
give a copy of it to the chief executive. 22
`154E Duration of exclusion direction 23
`An exclusion direction has effect for the period-- 24
(a) starting when it is given to the person concerned; and 25
(b) ending on the earlier of the following-- 26
(i) if the decision to give the direction is set aside on appeal 27
under part 11--when the decision is set aside; 28
(ii) if a revocation notice for the direction takes effect under 29
section 154G(6)--when the notice takes effect; 30
s 80 109 s 80
Gambling Legislation Amendment Bill 2004
(iii) if a decision, under section 154G, refusing to revoke the 1
direction is set aside on appeal under part 11--when the 2
decision is set aside; 3
(iv) the day that is 5 years after the day the direction is given to 4
the person. 5
`154F Application to revoke exclusion direction 6
`(1) This section applies if a person is prohibited from taking part in 7
keno gaming at, or entering or remaining in, an appointed agent's approved 8
place of operation under an exclusion direction. 9
`(2) The person may apply to the appointed agent for the approved place 10
of operation to which the direction relates for revocation of the direction. 11
`(3) The application may only be made at least 1 year after the day the 12
person is given the direction. 13
`(4) The application must be-- 14
(a) in the approved form; and 15
(b) supported by enough information to enable the appointed agent 16
to decide the application. 17
`(5) A person may apply under this section only once each year 18
commencing on the anniversary of the day the person was given the 19
direction. 20
`154G Deciding application to revoke exclusion direction 21
`(1) This section applies to an application under section 154F for 22
revocation of an exclusion direction. 23
`(2) The appointed agent must consider the application and, within 24
28 days after receiving it, decide to revoke or refuse to revoke the direction. 25
`(3) If the appointed agent fails to decide the application within 28 days 26
after its receipt, the failure is taken to be a decision by the agent to refuse to 27
revoke the direction. 28
`(4) In considering the application, the appointed agent may have regard 29
to the information supporting the application and any other information the 30
agent considers relevant, including, for example, a report of a psychologist. 31
s 80 110 s 80
Gambling Legislation Amendment Bill 2004
`(5) If the appointed agent decides to revoke the direction, the agent must 1
as soon as practicable-- 2
(a) give the applicant notice of the revocation in the approved form 3
(a "revocation notice"); and 4
(b) give the chief executive a copy of the revocation notice. 5
`(6) A revocation notice takes effect when it is given to the applicant. 6
`(7) If the appointed agent decides to refuse to revoke the direction, the 7
agent must as soon as practicable give the applicant an information notice 8
about the decision. 9
`Subdivision 3--Other provisions 10
`154H Particular persons not to take part in keno gaming etc. 11
`(1) This section applies to a person who is prohibited from taking part 12
in keno gaming at, or entering or remaining in, an appointed agent's 13
approved place of operation under a self-exclusion order or an exclusion 14
direction. 15
`(2) The person must not take part in keno gaming at, or enter or remain 16
in, the appointed agent's approved place of operation. 17
Maximum penalty--40 penalty units. 18
`154I Counselling 19
`(1) This section applies if a court finds a person (the "defendant") 20
guilty of, or accepts a person's plea of guilty for, an offence against 21
section 154H(2). 22
`(2) The court may, if satisfied the defendant is a problem gambler, 23
postpone its decision on penalty on condition that the defendant agrees to 24
attend counselling on a basis decided by the court. 25
`(3) The agreement-- 26
(a) must provide for counselling of a kind that may, in the court's 27
opinion, be beneficial in helping to overcome harmful behaviour 28
related to gambling; and 29
(b) must provide for counselling over a period, of not more than 30
12 months, fixed by the court; and 31
s 80 111 s 80
Gambling Legislation Amendment Bill 2004
(c) must allow the counsellor a discretion to disclose to the court 1
information about the defendant's participation in the 2
counselling if the counsellor believes the disclosure will help the 3
court to exercise its powers and discretions in an appropriate way 4
under this section; and 5
(d) must provide that the counsellor is to report to the court a failure 6
by the defendant to attend counselling under the agreement. 7
`(4) To decide whether the defendant is a problem gambler and, if so, 8
whether counselling of an appropriate kind is available, the court may have 9
regard to any information the court considers relevant, including, for 10
example, a report of a psychiatrist or a psychologist. 11
`(5) If the court postpones a decision on penalty under this section, the 12
court must proceed to make a decision on penalty-- 13
(a) as soon as practicable after the end of the period fixed for the 14
counselling; or 15
(b) if, during the period fixed for the counselling, the defendant 16
advises the court that he or she does not want to continue with 17
the counselling--as soon as practicable after the court receives 18
the advice; or 19
(c) if, during the period fixed for the counselling, the counsellor 20
reports to the court that the defendant has failed to attend 21
counselling under the agreement or to participate satisfactorily in 22
the counselling--as soon as practicable after the court receives 23
the report. 24
`(6) In making its decision on penalty after a postponement under this 25
section, the court-- 26
(a) must consider whether and, if so, to what extent, the defendant 27
has made a genuine attempt to overcome harmful behaviour 28
related to gambling; and 29
(b) may, for considering the matters mentioned in paragraph (a), 30
have regard to the report of a counsellor appointed to counsel the 31
defendant under an agreement under this section. 32
`154J Obligation to prevent persons from taking part in keno gaming 33
etc. 34
`(1) This section applies to an appointed agent or an employee of the 35
agent if the agent or employee knows that a person is prohibited from 36
s 80 112 s 80
Gambling Legislation Amendment Bill 2004
taking part in keno gaming at, or entering or remaining in, the agent's 1
approved place of operation under a self-exclusion order or an exclusion 2
direction. 3
`(2) The appointed agent or employee must take reasonable steps to 4
prevent the person from taking part in keno gaming at, or entering or 5
remaining in, the approved place of operation. 6
Maximum penalty-- 7
(a) for an appointed agent--250 penalty units; or 8
(b) for another person--40 penalty units. 9
`(3) It is lawful for the appointed agent or employee to use necessary and 10
reasonable force to prevent the person from taking part in keno gaming at, 11
or entering or remaining in, the agent's approved place of operation. 12
`(4) The force that may be used does not include force that is likely to 13
cause bodily harm to the person. 14
`(5) Subsection (2) must not be construed as requiring an appointed 15
agent or an employee to use reasonable force to prevent a person from 16
taking part in keno gaming at, or entering or remaining in, the approved 17
place of operation. 18
`(6) In this section-- 19
"bodily harm" means any bodily injury that interferes with health or 20
comfort. 21
`154K Register 22
`(1) An appointed agent must keep a register, in the approved form, of 23
persons who are prohibited from taking part in keno gaming at, or entering 24
or remaining in, the agent's approved place of operation under a 25
self-exclusion order or an exclusion direction. 26
Maximum penalty--40 penalty units. 27
`(2) The appointed agent must keep the register available for inspection 28
by an inspector. 29
`154L Notice of contravention of order or direction 30
`(1) This section applies if, under section 154J, an appointed agent or an 31
employee of an appointed agent prevents a person from taking part in keno 32
s 81 113 s 81
Gambling Legislation Amendment Bill 2004
gaming at, or entering or remaining in, the agent's approved place of 1
operation. 2
`(2) The appointed agent must as soon as practicable give the chief 3
executive notice, in the approved form, of the prevention. 4
Maximum penalty--40 penalty units.'. 5
81 Replacement of pt 9, div 1 (Inspectors)
Clause 6
Part 9, division 1-- 7
omit, insert-- 8
`Division 1--Inspectors 9
`Subdivision 1--Appointment of inspectors 10
`167 Appointment and qualifications 11
`(1) The chief executive may appoint a person as an inspector. 12
`(2) However, a person may be appointed as an inspector only if-- 13
(a) the person is-- 14
(i) a public service officer or employee; or 15
(ii) a member of a class of persons prescribed under a 16
regulation; and 17
(b) the chief executive is satisfied the person-- 18
(i) has the necessary expertise or experience to be an inspector; 19
or 20
(ii) has satisfactorily finished training approved by the chief 21
executive; and 22
(c) the chief executive is satisfied the person is a suitable person to 23
be an inspector, having regard to-- 24
(i) the person's character; and 25
(ii) the person's current financial position and financial 26
background. 27
s 81 114 s 81
Gambling Legislation Amendment Bill 2004
`Subdivision 2--Other inspectors 1
`168 Inspector under gaming Act 2
`A person who is an inspector under a gaming Act is an inspector for this 3
Act. 4
`Subdivision 3--Other matters about inspectors 5
`169 Conditions and limit on powers 6
`(1) An inspector holds office on any conditions stated in-- 7
(a) for an appointed inspector--the inspector's instrument of 8
appointment; or 9
(b) a signed notice given to the inspector; or 10
(c) a regulation. 11
`(2) The instrument of appointment, a signed notice given to the 12
inspector or a regulation may limit the inspector's powers under this Act. 13
`(3) In this section-- 14
"signed notice" means a notice signed by the chief executive. 15
`170 Issue of identity card 16
`(1) The chief executive must issue an identity card to each appointed 17
inspector. 18
`(2) The identity card must-- 19
(a) contain a recent photo of the inspector; and 20
(b) contain a copy of the inspector's signature; and 21
(c) identify the person as an inspector under this Act; and 22
(d) state an expiry date for the card. 23
`(3) This section does not prevent the issue of a single identity card to a 24
person for this Act and other purposes. 25
s 81 115 s 81
Gambling Legislation Amendment Bill 2004
`171 Identity card for inspector under gaming Act 1
`(1) If a person is an inspector for this Act because the person is an 2
inspector under a gaming Act, the inspector's identity card is the identity 3
card given to the person as an inspector under the gaming Act. 4
`(2) The identity card must identify the person as an inspector for this 5
Act. 6
`171A Production or display of identity card 7
`(1) In exercising a power under this Act in relation to a person, an 8
inspector must-- 9
(a) produce the inspector's identity card for the person's inspection 10
before exercising the power; or 11
(b) have the identity card displayed so it is clearly visible to the 12
person when exercising the power. 13
`(2) However, if it is not practicable to comply with subsection (1), the 14
inspector must produce the identity card for the person's inspection at the 15
first reasonable opportunity. 16
`(3) For subsection (1), an inspector does not exercise a power in relation 17
to a person only because the inspector has entered a place as mentioned in 18
section 172(a) or (c). 19
`171B When inspector ceases to hold office 20
`(1) An inspector ceases to hold office if any of the following happens-- 21
(a) for an appointed inspector-- 22
(i) the term of office stated in a condition of office ends; or 23
(ii) under another condition of office, the inspector ceases to 24
hold office; or 25
(iii) the inspector's resignation under section 171C takes effect; 26
(b) for an inspector mentioned in section 168--the inspector is no 27
longer an inspector under at least 1 gaming Act. 28
`(2) Subsection (1) does not limit the ways an inspector may cease to 29
hold office. 30
s 81 116 s 81
Gambling Legislation Amendment Bill 2004
`(3) In this section-- 1
"condition of office" means a condition on which the appointed inspector 2
holds office. 3
`171C Resignation 4
`An appointed inspector may resign by signed notice given to the chief 5
executive. 6
`171D Return of identity card 7
`A person who ceases to be an appointed inspector must return the 8
person's identity card to the chief executive within 21 days after ceasing to 9
be an inspector unless the person has a reasonable excuse. 10
Maximum penalty--40 penalty units. 11
`Subdivision 4--Audit program and report about criminal history 12
`171E Audit program 13
`(1) The Minister may approve an audit program for investigating 14
appointed inspectors. 15
`(2) The chief executive may investigate an appointed inspector under an 16
approved audit program to help the chief executive decide whether the 17
inspector is a suitable person to be an inspector, having regard to-- 18
(a) the inspector's character; and 19
(b) the inspector's current financial position and financial 20
background. 21
`(3) However, the chief executive may investigate an appointed inspector 22
under subsection (2) only once every 2 years. 23
`(4) The chief executive must ensure the investigation is conducted under 24
the approved audit program. 25
`(5) In this section-- 26
"approved audit program" means an audit program approved by the 27
Minister under subsection (1). 28
s 82 117 s 83
Gambling Legislation Amendment Bill 2004
`171F Report about criminal history 1
`(1) To help decide whether a person is a suitable person to be an 2
appointed inspector or continue as an appointed inspector, the chief 3
executive may ask the commissioner of the police service for a written 4
report about the person's criminal history. 5
`(2) If asked by the chief executive, the commissioner of the police 6
service must give the chief executive a written report about the criminal 7
history of the person. 8
`(3) The duty imposed on the commissioner of the police service applies 9
only to information in the commissioner's possession or to which the 10
commissioner has access.'. 11
82 Replacement of s 239 (Appeal to District Court)
Clause 12
Section 239-- 13
omit, insert-- 14
`239 Notice of decision 15
`The Gaming Commission must, as soon as practicable after deciding an 16
appeal, give each party to the appeal written notice of its decision and the 17
reasons for the decision.'. 18
83 Insertion of new pt 11, divs 2 and 3
Clause 19
Part 11, after section 239-- 20
insert-- 21
`Division 2--Appeals to Magistrates Court 22
`239A Who may appeal 23
`A person may appeal to a Magistrates Court against the following 24
decisions-- 25
(a) a decision of an appointed agent, under section 154D, to give the 26
person an exclusion direction; 27
(b) a decision of an appointed agent, under section 154G, refusing to 28
revoke an exclusion direction given to the person. 29
s 83 118 s 83
Gambling Legislation Amendment Bill 2004
`239B Starting appeal 1
`(1) An appeal is started by-- 2
(a) filing a notice of appeal with the clerk of a Magistrates Court; 3
and 4
(b) serving a copy of the notice on the appointed agent who made the 5
decision; and 6
(c) complying with rules of court applicable to the appeal. 7
`(2) The notice of appeal must be filed within 28 days after the person is 8
given the information notice about the decision. 9
`(3) However, the court may, at any time, extend the time for filing the 10
notice of appeal. 11
`(4) The notice of appeal must state fully the grounds of appeal. 12
`239C Stay of operation of decision 13
`(1) The Magistrates Court may grant a stay of the decision to secure the 14
effectiveness of the appeal. 15
`(2) A stay-- 16
(a) may be given on the conditions the court considers appropriate; 17
and 18
(b) operates for the period fixed by the court; and 19
(c) may be amended or cancelled by the court. 20
`(3) The period of a stay under this section must not extend past the time 21
when the court decides the appeal. 22
`(4) The appeal affects the decision, or carrying out of the decision, only 23
if it is stayed. 24
`239D Hearing procedures 25
`(1) In deciding an appeal, the Magistrates Court-- 26
(a) is not bound by the rules of evidence; and 27
(b) must comply with natural justice. 28
s 84 119 s 84
Gambling Legislation Amendment Bill 2004
`(2) An appeal is by way of rehearing, unaffected by the decision 1
appealed against, on the material before the appointed agent who made the 2
decision and any further evidence allowed by the court. 3
`239E Court's powers on appeal 4
`(1) In deciding an appeal, the Magistrates Court may-- 5
(a) confirm the decision appealed against; or 6
(b) set aside the decision and substitute another decision; or 7
(c) set aside the decision and return the matter to the appointed agent 8
with directions the court considers appropriate. 9
`(2) If the court substitutes another decision, the substituted decision is, 10
for this Act, other than this division, taken to be the decision of the 11
appointed agent. 12
`Division 3--Appeals to District Court 13
`239F Appeal to District Court 14
`An appeal lies to the District Court against a decision of the Gaming 15
Commission or a Magistrates Court under this part but only on a question 16
of law.'. 17
84 Amendment of s 240 (Confidentiality of information)
Clause 18
(1) Section 240(1), (2) and (3), before `information'-- 19
insert-- 20
`confidential'. 21
(2) Section 240(3)(c), `entity or person'-- 22
omit, insert-- 23
`person or other entity'. 24
(3) Section 240(5), before `information', first mention-- 25
insert-- 26
`confidential'. 27
s 85 120 s 85
Gambling Legislation Amendment Bill 2004
(4) Section 240-- 1
insert-- 2
`(6) In this section-- 3
"confidential information" means information, other than information 4
that is publicly available, about-- 5
(a) a person's personal affairs, business affairs or reputation, 6
character, criminal history, current financial position or financial 7
background; or 8
(b) a person making an application under this Act.'. 9
85 Insertion of new pt 13, div 2
Clause 10
After section 244-- 11
insert-- 12
`Division 2--Transitional provisions for Gambling Legislation 13
Amendment Act 2004 14
`245 Definitions for div 2 15
`In this division-- 16
"commencement" means the day this division commences. 17
"pre-amended Act" means this Act as in force before the commencement 18
of the Gambling Legislation Amendment Act 2004, part 6. 19
`246 Dealing with show cause notice 20
`(1) This section applies if-- 21
(a) under the pre-amended Act, section 62 or 63, the chief executive 22
has given a show cause notice to a licensed keno employee; and 23
(b) the notice has not been finally dealt with before the 24
commencement. 25
`(2) For dealing with the show cause notice, the pre-amended Act 26
continues to apply as if the Gambling Legislation Amendment Act 2004, 27
part 6, had not commenced. 28
s 85 121 s 85
Gambling Legislation Amendment Bill 2004
`(3) Subsection (4) applies if, under the pre-amended Act, a person could 1
appeal to the Gaming Commission against a decision of the chief executive 2
relating to the show cause notice. 3
`(4) The person may appeal, and the Gaming Commission may hear and 4
decide the appeal, under the pre-amended Act. 5
`247 Direction to rectify under pre-amended Act 6
`(1) This section applies to a direction to rectify a matter given to a 7
licensed keno employee under the pre-amended Act, section 65, if, before 8
the commencement-- 9
(a) the period for rectifying the matter under that Act has not ended; 10
or 11
(b) the period for rectifying the matter under that Act has ended and 12
action has not been taken under section 66 of that Act in relation 13
to a failure to comply with the direction. 14
`(2) A failure to comply with the direction may be dealt with under the 15
pre-amended Act as if the Gambling Legislation Amendment Act 2004, 16
part 6, had not commenced. 17
`248 Appeals to Gaming Commission 18
`(1) Subsection (2) applies if-- 19
(a) a person has appealed to the Gaming Commission against a 20
decision of the chief executive under the repealed provision; and 21
(b) the appeal has not been decided before the commencement. 22
`(2) The Gaming Commission may hear, or continue to hear, and decide 23
the appeal under the pre-amended Act. 24
`(3) Subsection (4) applies if-- 25
(a) immediately before the commencement a person could have 26
appealed to the Gaming Commission against a decision of the 27
chief executive under the repealed provision; and 28
(b) the person has not appealed before the commencement. 29
`(4) The person may appeal, and the Gaming Commission may hear and 30
decide the appeal, under the pre-amended Act. 31
s 86 122 s 87
Gambling Legislation Amendment Bill 2004
`(5) In this section-- 1
"repealed provision" means the pre-amended Act, section 66. 2
`249 Continuation of obligation under pre-amended Act, s 153 3
`(1) This section applies to an authorised keno operator if, immediately 4
before the commencement, the operator must not, under the pre-amended 5
Act, section 153(2), do an act or thing mentioned in that subsection. 6
`(2) The pre-amended Act, section 153(2) and (3), continues to apply to 7
the authorised keno operator as if the Gambling Legislation Amendment 8
Act 2004, part 6, had not commenced.'. 9
86 Amendment of sch 2 (Decisions of chief executive subject to
Clause 10
appeal) 11
(1) Schedule 2, part 1, entry for section 66-- 12
omit. 13
(2) Schedule 2, part 2, entry for section 66-- 14
omit, insert-- 15
`64 Immediately suspending the keno
employee licence
65 Suspending or cancelling the keno
employee licence
67 Censuring the licensed keno
employee
67A Directing the licensed keno employee
to rectify a matter'.
87 Amendment of sch 4 (Dictionary)
Clause 16
(1) Schedule 4, definitions "accepted representations", "identity card", 17
"information notice", "inspector", "proposed action", "show cause notice" 18
and "show cause period"-- 19
omit. 20
(2) Schedule 4-- 21
insert-- 22
s 87 123 s 87
Gambling Legislation Amendment Bill 2004
` "accepted representations"-- 1
(a) for part 3, division 3--see section 27; and 2
(b) for part 4, division 5--see section 63; and 3
(c) for part 5, division 3--see section 97(6); and 4
(d) for part 8, division 1--see section 136(6). 5
"appointed inspector" means a person appointed under section 167(1) as 6
an inspector. 7
"approved place of operation", for an appointed agent, means the place 8
where the agent may, under section 142(2),21 carry on the agent's 9
operations. 10
"commencement", for part 13, division 2, see section 245. 11
"criminal history", of a person, means the person's criminal history 12
within the meaning of the Criminal Law (Rehabilitation of Offenders) 13
Act 1986, and-- 14
(a) despite section 6 of that Act, includes a conviction of the person 15
to which the section applies; and 16
(b) despite section 5 of that Act, includes a charge made against the 17
person for an offence. 18
"exclusion direction" see section 154D(1). 19
"identity card", for an inspector, means the inspector's identity card under 20
this Act. 21
"indictable offence" includes an indictable offence dealt with summarily, 22
whether or not the Criminal Code, section 659,22 applies to the 23
indictable offence. 24
"information notice", for a decision of the chief executive or an appointed 25
agent, means a written notice stating all of the following-- 26
(a) the decision; 27
(b) the reasons for the decision; 28
(c) that the person to whom the notice is given may, within 28 days 29
after the person receives the notice, appeal against the decision 30
to-- 31
21 Section 142 (Places of operation)
22 Criminal Code, section 659 (Effect of summary conviction for indictable offences)
s 87 124 s 87
Gambling Legislation Amendment Bill 2004
(i) for a decision of the chief executive--the Gaming 1
Commission; or 2
(ii) for a decision of an appointed agent--a Magistrates Court; 3
(d) how the person may appeal to the Gaming Commission or a 4
Magistrates Court. 5
"inspector" means-- 6
(a) an appointed inspector; or 7
(b) a person who is an inspector for this Act under section 168. 8
"pre-amended Act", for part 13, division 2, see section 245. 9
"problem gambler" means a person whose behaviour indicates a 10
compulsion to gamble, an addiction to gambling, or an inability or 11
disinclination to make rational judgments about gambling. 12
"proposed action"-- 13
(a) for part 3, division 3--see section 25(2)(a); and 14
(b) for part 4, division 5--see section 62(2)(a). 15
"revocation notice"-- 16
(a) for part 8, division 3, subdivision 1--see section 154C(1); and 17
(b) for part 8, division 3, subdivision 2--see section 154G(5)(a). 18
"self-exclusion notice" see section 154A(1). 19
"self-exclusion order" see section 154B(1)(a). 20
"show cause notice"-- 21
(a) for part 3, division 3--see section 25(2); and 22
(b) for part 4, division 5--see section 62(1); and 23
(c) for part 5, division 3--see section 97(2); and 24
(d) for part 8, division 1--see section 136(2). 25
"show cause period", for part 3, division 3, see section 25(2)(e).'. 26
s 88 125 s 90
Gambling Legislation Amendment Bill 2004
PART 7--AMENDMENT OF LOTTERIES ACT 1997 1
88 Act amended in pt 7
Clause 2
This part amends the Lotteries Act 1997. 3
89 Amendment of s 56 (Changing conditions of key person licence)
Clause 4
Section 56(2), from `promptly--' to `and'-- 5
omit, insert-- 6
`immediately-- 7
(a) give the key person licensee-- 8
(i) written notice of the changed conditions; and 9
(ii) an information notice about the decision; and'. 10
90 Replacement of pt 3, div 4 (Suspension and cancellation of key
Clause 11
person licences) 12
Part 3, division 4-- 13
omit, insert-- 14
`Division 4--Suspension and cancellation of key person licences, and 15
other action by chief executive 16
`Subdivision 1--Suspension and cancellation 17
`59 Grounds 18
`(1) Each of the following is a ground for suspending or cancelling a key 19
person licensee's key person licence-- 20
(a) the key person licensee-- 21
(i) is not a suitable person to hold a key person licence; or 22
(ii) acts in a way that is inappropriate for the conduct of 23
approved lotteries; or 24
(iii) contravenes a provision of this Act, other than a provision a 25
contravention of which is an offence against this Act; or 26
s 90 126 s 90
Gambling Legislation Amendment Bill 2004
(iv) contravenes a condition of the licence; 1
(b) the key person licensee has a conviction, other than a spent 2
conviction, for-- 3
(i) an offence against this Act or a gaming Act; or 4
(ii) an indictable offence; 5
(c) the key person licence was issued because of a materially false or 6
misleading representation or document. 7
`(2) For forming a belief that the ground mentioned in 8
subsection (1)(a)(i) exists, the chief executive may have regard to the same 9
matters to which the chief executive may have regard under section 49(2)23 10
in deciding whether an applicant for a key person licence is a suitable 11
person to hold the licence. 12
`(3) For subsection (1)(a)(ii), a key person licensee acts in a way that is 13
inappropriate for the conduct of approved lotteries if the licensee does, or 14
omits to do, an act that results in-- 15
(a) the conduct of approved lotteries by a lottery licensee not being 16
conducted under the approved control system for the conduct of 17
the lotteries; and 18
(b) the integrity of the conduct of approved lotteries being 19
jeopardised. 20
`(4) In this section-- 21
"spent conviction" means a conviction-- 22
(a) for which the rehabilitation period under the Criminal Law 23
(Rehabilitation of Offenders) Act 1986 has expired under that 24
Act; and 25
(b) that is not revived as prescribed by section 1124 of that Act. 26
`60 Show cause notice 27
`(1) If the chief executive believes a ground exists to suspend or cancel a 28
key person licence, the chief executive must before taking action to 29
23 Section 49 (Conditions for granting application)
24 Criminal Law (Rehabilitation of Offenders) Act 1986, section 11 (Revival of
convictions)
s 90 127 s 90
Gambling Legislation Amendment Bill 2004
suspend or cancel the licence give the key person licensee a written notice 1
(a "show cause notice"). 2
`(2) The show cause notice must state the following-- 3
(a) the action the chief executive proposes taking under this 4
subdivision (the "proposed action"); 5
(b) the grounds for the proposed action; 6
(c) an outline of the facts and circumstances forming the basis for 7
the grounds; 8
(d) if the proposed action is suspension of the licence--the proposed 9
suspension period; 10
(e) that the key person licensee may, within a stated period (the 11
"show cause period"), make written representations to the chief 12
executive to show why the proposed action should not be taken. 13
`(3) The show cause period must end at least 21 days after the key 14
person licensee is given the show cause notice. 15
`(4) Subsection (5) applies if the chief executive believes-- 16
(a) the key person licensee is an employee or a key operator of a 17
lottery licensee; and 18
(b) the existence of the grounds for the proposed action is likely to 19
adversely affect the conduct of approved lotteries by the lottery 20
licensee. 21
`(5) The chief executive must immediately give a copy of the show cause 22
notice to the lottery licensee. 23
`(6) The lottery licensee may make written representations about the 24
show cause notice to the chief executive in the show cause period. 25
`61 Consideration of representations 26
`The chief executive must consider all written representations 27
(the "accepted representations") made under section 60(2)(e) or (6). 28
`62 Immediate suspension 29
`(1) The chief executive may suspend a key person licensee's key person 30
licence immediately if the chief executive believes-- 31
s 90 128 s 90
Gambling Legislation Amendment Bill 2004
(a) a ground exists to suspend or cancel the licence; and 1
(b) it is necessary to suspend the licence immediately-- 2
(i) in the public interest; or 3
(ii) to ensure the integrity of the conduct of approved lotteries is 4
not jeopardised. 5
`(2) The suspension-- 6
(a) can be effected only by the chief executive giving the key person 7
licensee an information notice about the decision to suspend the 8
licence, together with a show cause notice; and 9
(b) operates immediately the information notice is given to the 10
licensee; and 11
(c) continues to operate until the show cause notice is finally dealt 12
with. 13
`(3) If the chief executive believes the key person licensee is an 14
employee or a key operator of a lottery licensee, the chief executive must 15
immediately give written notice of the suspension to the lottery licensee. 16
`63 Suspension and cancellation of licence after show cause process 17
`(1) This section applies if-- 18
(a) there are no accepted representations for a show cause notice; or 19
(b) after considering the accepted representations for a show cause 20
notice, the chief executive-- 21
(i) still believes a ground exists to suspend or cancel a key 22
person licence; and 23
(ii) believes suspension or cancellation of the licence is 24
warranted. 25
`(2) This section also applies if a key person licensee contravenes a 26
direction given to the licensee under section 65A.25 27
`(3) The chief executive may-- 28
(a) if the proposed action was to suspend the licence--suspend the 29
licence for not longer than the proposed suspension period; or 30
25 Section 65A (Direction to rectify matter after show cause process)
s 90 129 s 90
Gambling Legislation Amendment Bill 2004
(b) if the proposed action was to cancel the licence--cancel the 1
licence or suspend it for a period. 2
`(4) If the chief executive decides to take action under subsection (3), the 3
chief executive must immediately-- 4
(a) give an information notice about the decision to the key person 5
licensee; and 6
(b) if the chief executive believes the licensee is an employee or a 7
key operator of a lottery licensee--give written notice of the 8
suspension or cancellation to the lottery licensee. 9
`(5) The decision takes effect on the later of the following-- 10
(a) the day the information notice is given to the key person licensee; 11
(b) the day of effect stated in the information notice. 12
`(6) If the chief executive cancels the licence, the key person licensee 13
must give the licence to the chief executive within 14 days after the 14
cancellation takes effect. 15
Maximum penalty for subsection (6)--40 penalty units. 16
`Subdivision 2--Other action by chief executive 17
`64 Ending show cause process without further action 18
`(1) This section applies if, after considering the accepted 19
representations for a show cause notice, the chief executive no longer 20
believes a ground exists to suspend or cancel a key person licence. 21
`(2) The chief executive-- 22
(a) must not take any further action about the show cause notice; and 23
(b) must give each of the following a written notice stating that no 24
further action is to be taken-- 25
(i) the key person licensee; 26
(ii) a lottery licensee to whom a copy of the show cause notice 27
was given under section 60(5). 28
s 90 130 s 90
Gambling Legislation Amendment Bill 2004
`65 Censuring key person licensee 1
`(1) The chief executive may censure a key person licensee for a matter 2
relating to a ground for suspension or cancellation if the chief executive-- 3
(a) believes a ground exists to suspend or cancel the key person 4
licensee's key person licence but does not believe that giving a 5
show cause notice to the licensee is warranted; or 6
(b) after considering the accepted representations for a show cause 7
notice, still believes a ground exists to suspend or cancel the key 8
person licensee's key person licence but does not believe 9
suspension or cancellation of the licence is warranted. 10
`(2) The censure can be effected only by the chief executive giving the 11
key person licensee an information notice about the decision to censure the 12
licensee. 13
`(3) If the chief executive believes the key person licensee is an 14
employee or a key operator of a lottery licensee, the chief executive must 15
immediately give written notice of the censure to the lottery licensee. 16
`65A Direction to rectify matter after show cause process 17
`(1) This section applies if, after considering the accepted 18
representations for a show cause notice, the chief executive-- 19
(a) still believes a ground exists to suspend or cancel a key person 20
licence; and 21
(b) believes a matter relating to the ground for suspension or 22
cancellation is capable of being rectified and it is appropriate to 23
give the key person licensee an opportunity to rectify the matter. 24
`(2) The chief executive may direct the key person licensee to rectify the 25
matter. 26
`(3) If the chief executive decides to give a key person licensee a 27
direction under this section, the direction can be effected only by the chief 28
executive giving the licensee an information notice about the decision. 29
`(4) The information notice must state the period for rectifying the 30
matter. 31
`(5) The period must be reasonable, having regard to the nature of the 32
matter to be rectified. 33
s 91 131 s 91
Gambling Legislation Amendment Bill 2004
`(6) If the chief executive gave a copy of the show cause notice to a 1
lottery licensee under section 60(5), the chief executive must give written 2
notice of the direction to the lottery licensee immediately after giving the 3
information notice to the key person licensee. 4
`65B Cancellation or reduction of period of suspension 5
`(1) If the chief executive suspends a key person licence, the chief 6
executive may, for any remaining period of suspension and at any time the 7
suspension is in force-- 8
(a) cancel the period; or 9
(b) reduce the period by a stated period. 10
`(2) The chief executive may cancel or reduce the period only if the chief 11
executive considers it is appropriate to take the action. 12
`(3) The chief executive must immediately give written notice of the 13
decision to-- 14
(a) the key person licensee; and 15
(b) if the chief executive believed the key person licensee was an 16
employee or a key operator of a lottery licensee when the key 17
person licence was suspended--the lottery licensee. 18
`(4) Subsection (1) does not apply to an immediate suspension.'. 19
91 Amendment of s 101 (Control system submission)
Clause 20
(1) Section 101(5)-- 21
renumber as section 101(6). 22
(2) Section 101-- 23
insert-- 24
`(5) However, a lottery licensee's control system submission need not 25
include particular information mentioned in subsection (4) if the chief 26
executive is satisfied, having regard to the nature of the licensee's 27
operations, that the information is not necessary for the chief executive's 28
proper consideration of the submission under section 103.'. 29
s 92 132 s 95
Gambling Legislation Amendment Bill 2004
92 Insertion of new s 125A
Clause 1
After section 125-- 2
insert-- 3
`125A Acceptance of entry form 4
`A lottery licensee, in carrying on the licensee's operations, may accept 5
an entry form for an approved lottery submitted to the licensee by phone or 6
another form of communication. 7
8
Example of another form of communication--
9
e-mail'.
93 Amendment of s 129 (Claims for prizes)
Clause 10
(1) Section 129(1) and (2)-- 11
omit, insert-- 12
`(1) A claim for payment of a prize in an approved lottery may be made 13
to the lottery licensee or a lottery agent of the lottery licensee.'. 14
(2) Section 129(3) to (5)-- 15
renumber as section 129(2) to (4). 16
94 Amendment of s 130 (Payment of prizes)
Clause 17
Section 130(4), from `After' to `lottery licensee'-- 18
omit, insert-- 19
`A lottery licensee'. 20
95 Amendment of s 134 (Use of regulated lottery equipment)
Clause 21
Section 134, penalties, `40'-- 22
omit, insert-- 23
`200'. 24
s 96 133 s 96
Gambling Legislation Amendment Bill 2004
96 Replacement of pt 8, div 1 (Inspectors)
Clause 1
Part 8, division 1-- 2
omit, insert-- 3
`Division 1--Inspectors 4
`Subdivision 1--Appointment of inspectors 5
`153 Appointment and qualifications 6
`(1) The chief executive may appoint a person as an inspector. 7
`(2) However, a person may be appointed as an inspector only if-- 8
(a) the person is-- 9
(i) a public service officer or employee; or 10
(ii) a member of a class of persons prescribed under a 11
regulation; and 12
(b) the chief executive is satisfied the person-- 13
(i) has the necessary expertise or experience to be an inspector; 14
or 15
(ii) has satisfactorily finished training approved by the chief 16
executive; and 17
(c) the chief executive is satisfied the person is a suitable person to 18
be an inspector, having regard to-- 19
(i) the person's character; and 20
(ii) the person's current financial position and financial 21
background. 22
`Subdivision 2--Other inspectors 23
`154 Inspectors under gaming Act 24
`A person who is an inspector under a gaming Act is an inspector for this 25
Act. 26
s 96 134 s 96
Gambling Legislation Amendment Bill 2004
`Subdivision 3--Other matters about inspectors 1
`155 Conditions and limit on powers 2
`(1) An inspector holds office on any conditions stated in-- 3
(a) for an appointed inspector--the inspector's instrument of 4
appointment; or 5
(b) a signed notice given to the inspector; or 6
(c) a regulation. 7
`(2) The instrument of appointment, a signed notice given to the 8
inspector or a regulation may limit the inspector's powers under this Act. 9
`(3) In this section-- 10
"signed notice" means a notice signed by the chief executive. 11
`156 Issue of identity card 12
`(1) The chief executive must issue an identity card to each appointed 13
inspector. 14
`(2) The identity card must-- 15
(a) contain a recent photo of the inspector; and 16
(b) contain a copy of the inspector's signature; and 17
(c) identify the person as an inspector under this Act; and 18
(d) state an expiry date for the card. 19
`(3) This section does not prevent the issue of a single identity card to a 20
person for this Act and other purposes. 21
`157 Identity card for inspector under gaming Act 22
`(1) If a person is an inspector for this Act because the person is an 23
inspector under a gaming Act, the inspector's identity card is the identity 24
card given to the person as an inspector under the gaming Act. 25
`(2) The identity card must identify the person as an inspector for this 26
Act. 27
s 96 135 s 96
Gambling Legislation Amendment Bill 2004
`157A Production or display of identity card 1
`(1) In exercising a power under this Act in relation to a person, an 2
inspector must-- 3
(a) produce the inspector's identity card for the person's inspection 4
before exercising the power; or 5
(b) have the identity card displayed so it is clearly visible to the 6
person when exercising the power. 7
`(2) However, if it is not practicable to comply with subsection (1), the 8
inspector must produce the identity card for the person's inspection at the 9
first reasonable opportunity. 10
`(3) For subsection (1), an inspector does not exercise a power in relation 11
to a person only because the inspector has entered a place as mentioned in 12
section 158(a) or (d). 13
`157B When inspector ceases to hold office 14
`(1) An inspector ceases to hold office if any of the following happens-- 15
(a) for an appointed inspector-- 16
(i) the term of office stated in a condition of office ends; or 17
(ii) under another condition of office, the inspector ceases to 18
hold office; or 19
(iii) the inspector's resignation under section 157C takes effect; 20
(b) for an inspector mentioned in section 154--the inspector is no 21
longer an inspector under at least 1 gaming Act. 22
`(2) Subsection (1) does not limit the ways an inspector may cease to 23
hold office. 24
`(3) In this section-- 25
"condition of office" means a condition on which the inspector holds 26
office. 27
`157C Resignation 28
`An appointed inspector may resign by signed notice given to the chief 29
executive. 30
s 96 136 s 96
Gambling Legislation Amendment Bill 2004
`157D Return of identity card 1
`A person who ceases to be an appointed inspector must return the 2
person's identity card to the chief executive within 21 days after ceasing to 3
be an inspector unless the person has a reasonable excuse. 4
Maximum penalty--40 penalty units. 5
`Subdivision 4--Audit program and report about criminal history 6
`157E Audit program 7
`(1) The Minister may approve an audit program for investigating 8
appointed inspectors. 9
`(2) The chief executive may investigate an appointed inspector under an 10
approved audit program to help the chief executive decide whether the 11
inspector is a suitable person to be an inspector, having regard to-- 12
(a) the inspector's character; and 13
(b) the inspector's current financial position and financial 14
background. 15
`(3) However, the chief executive may investigate an appointed inspector 16
under subsection (2) only once every 2 years. 17
`(4) The chief executive must ensure the investigation is conducted under 18
the approved audit program. 19
`(5) In this section-- 20
"approved audit program" means an audit program approved by the 21
Minister under subsection (1). 22
`157F Report about criminal history 23
`(1) To help decide whether a person is a suitable person to be an 24
appointed inspector or continue as an appointed inspector, the chief 25
executive may ask the commissioner of the police service for a written 26
report about the person's criminal history. 27
`(2) If asked by the chief executive, the commissioner of the police 28
service must give the chief executive a written report about the criminal 29
history of the person. 30
s 97 137 s 99
Gambling Legislation Amendment Bill 2004
`(3) The duty imposed on the commissioner of the police service applies 1
only to information in the commissioner's possession or to which the 2
commissioner has access.'. 3
97 Amendment of s 181A (Direction about conduct of approved
Clause 4
lottery) 5
Section 181A(5), penalty, `40'-- 6
omit, insert-- 7
`100'. 8
98 Insertion of new s 223A
Clause 9
After section 223-- 10
insert-- 11
`223A Notice of decision 12
`The Gaming Commission must, as soon as practicable after deciding an 13
appeal, give each party to the appeal written notice of its decision and the 14
reasons for the decision.'. 15
99 Amendment of s 225 (Confidentiality of information)
Clause 16
(1) Section 225(1), (2) and (3), before `information'-- 17
insert-- 18
`confidential'. 19
(2) Section 225(3)(c), `entity or person'-- 20
omit, insert-- 21
`person or other entity'. 22
(3) Section 225(5), before `information', first mention-- 23
insert-- 24
`confidential'. 25
(4) Section 225-- 26
insert-- 27
`(6) In this section-- 28
s 100 138 s 100
Gambling Legislation Amendment Bill 2004
"confidential information" means information, other than information 1
that is publicly available, about-- 2
(a) a person's personal affairs, business affairs or reputation, 3
character, criminal history, current financial position or financial 4
background; or 5
(b) a person making an application under this Act.'. 6
100 Insertion of new pt 12, div 4
Clause 7
After section 247-- 8
insert-- 9
`Division 4--Transitional provisions for Gambling Legislation 10
Amendment Act 2004 11
`248 Definitions for div 4 12
`In this division-- 13
"commencement" means the day this division commences. 14
"pre-amended Act" means this Act as in force before the commencement 15
of the Gambling Legislation Amendment Act 2004, part 7. 16
`249 Dealing with show cause notice 17
`(1) This section applies if-- 18
(a) under the pre-amended Act, section 60 or 61, the chief executive 19
has given a show cause notice to a key person licensee; and 20
(b) the notice has not been finally dealt with before the 21
commencement. 22
`(2) For dealing with the show cause notice, the pre-amended Act 23
continues to apply as if the Gambling Legislation Amendment Act 2004, 24
part 7, had not commenced. 25
`(3) Subsection (4) applies if, under the pre-amended Act, a person could 26
appeal to the Gaming Commission against a decision of the chief executive 27
relating to the show cause notice. 28
`(4) The person may appeal, and the Gaming Commission may hear and 29
decide the appeal, under the pre-amended Act. 30
s 100 139 s 100
Gambling Legislation Amendment Bill 2004
`250 Direction to rectify under pre-amended Act 1
`(1) This section applies to a direction to rectify a matter given to a key 2
person licensee under the pre-amended Act, section 63, if, before the 3
commencement-- 4
(a) the period for rectifying the matter under that Act has not ended; 5
or 6
(b) the period for rectifying the matter under that Act has ended and 7
action has not been taken under section 64 of that Act in relation 8
to a failure to comply with the direction. 9
`(2) A failure to comply with the direction may be dealt with under the 10
pre-amended Act as if the Gambling Legislation Amendment Act 2004, 11
part 7, had not commenced. 12
`251 Appeals to Gaming Commission 13
`(1) Subsection (2) applies if-- 14
(a) a person has appealed to the Gaming Commission against a 15
decision of the chief executive under the repealed provision; and 16
(b) the appeal has not been decided before the commencement. 17
`(2) The Gaming Commission may hear, or continue to hear, and decide 18
the appeal under the pre-amended Act. 19
`(3) Subsection (4) applies if-- 20
(a) immediately before the commencement a person could have 21
appealed to the Gaming Commission against a decision of the 22
chief executive under the repealed provision; and 23
(b) the person has not appealed before the commencement. 24
`(4) The person may appeal, and the Gaming Commission may hear and 25
decide the appeal, under the pre-amended Act. 26
`(5) In this section-- 27
"repealed provision" means the pre-amended Act, section 64.'. 28
s 101 140 s 102
Gambling Legislation Amendment Bill 2004
101 Amendment of sch 2 (Decisions of chief executive subject to
Clause 1
appeal) 2
(1) Schedule 2, part 1, entry for section 64-- 3
omit. 4
(2) Schedule 2, part 2, entry for section 64-- 5
omit, insert-- 6
`62 Immediately suspending a key person
licence
63 Suspending or cancelling a key
person licence
65 Censuring a key person licensee
65A Directing a key person licensee to
rectify a matter'.
102 Amendment of sch 3 (Dictionary)
Clause 7
(1) Schedule 3, definitions "accepted representations", "agency payment 8
period", "identity card", "inspector", "show cause notice" and "show cause 9
period"-- 10
omit. 11
(2) Schedule 3-- 12
insert-- 13
` "accepted representations"-- 14
(a) for part 2, division 5--see section 27; and 15
(b) for part 3, division 4--see section 61; and 16
(c) for part 4, division 2--see section 84(6); and 17
(d) for part 7, division 1--see section 119(6). 18
"appointed inspector" means a person appointed under section 153(1) as 19
an inspector. 20
"commencement", for part 12, division 4, see section 248. 21
"criminal history", of a person, means the person's criminal history 22
within the meaning of the Criminal Law (Rehabilitation of Offenders) 23
Act 1986, and-- 24
s 102 141 s 102
Gambling Legislation Amendment Bill 2004
(a) despite section 6 of that Act, includes a conviction of the person 1
to which the section applies; and 2
(b) despite section 5 of that Act, includes a charge made against the 3
person for an offence. 4
"identity card", for an inspector, means the inspector's identity card under 5
this Act. 6
"indictable offence" includes an indictable offence dealt with summarily, 7
whether or not the Criminal Code, section 659,26 applies to the 8
indictable offence. 9
"inspector" means-- 10
(a) an appointed inspector; or 11
(b) a person who is an inspector for this Act under section 154. 12
"pre-amended Act", for part 12, division 4, see section 248. 13
"proposed action", for part 3, division 4, see section 60(2)(a). 14
"show cause notice"-- 15
(a) for part 2, division 5--see section 25(2); and 16
(b) for part 3, division 4--see section 60(1); and 17
(c) for part 4, division 2--see section 84(2); and 18
(d) for part 7, division 1--see section 119(2). 19
"show cause period", for part 2, division 5, see section 25(2)(e).'. 20
(3) Schedule 3, definition "conviction", after `includes'-- 21
insert-- 22
`the acceptance of'. 23
26 Criminal Code, section 659 (Effect of summary conviction for indictable offences)
s 103 142 s 106
Gambling Legislation Amendment Bill 2004
PART 8--AMENDMENT OF TAB QUEENSLAND 1
LIMITED PRIVATISATION ACT 1999 2
103 Act amended in pt 8
Clause 3
This part amends the TAB Queensland Limited Privatisation Act 1999. 4
104 Omission of s 43 (Application of pt 5)
Clause 5
Section 43-- 6
omit. 7
105 Insertion of new pt 7
Clause 8
After section 59-- 9
insert-- 10
`PART 7--TRANSITIONAL PROVISION 11
`60 Transitional provision for Gambling Legislation Amendment 12
Act 2004 13
`The effect of the omission of section 43 by the Gambling Legislation 14
Amendment Act 2004, section 104 is that part 5 applies from the 15
commencement of that section.'. 16
PART 9--AMENDMENT OF WAGERING ACT 1998 17
106 Act amended in pt 9
Clause 18
This part amends the Wagering Act 1998. 19
s 107 143 s 110
Gambling Legislation Amendment Bill 2004
107 Amendment of s 5 (Meaning of "oncourse wagering permit")
Clause 1
Section 5, `racing venue'-- 2
omit, insert-- 3
`licensed venue'. 4
108 Replacement of s 6 (Meaning of "race wagering licence")
Clause 5
Section 6-- 6
omit, insert-- 7
`6 Meaning of "race wagering licence" 8
`A "race wagering licence" is a licence authorising the race wagering 9
licensee to conduct wagering on an event or contingency that-- 10
(a) is, or relates to, thoroughbred, harness or greyhound racing; and 11
(b) may be lawfully held in Queensland or elsewhere.'. 12
109 Amendment of s 28 (Form of authority)
Clause 13
Section 28(2)(d), `racing venue'-- 14
omit, insert-- 15
`licensed venue'. 16
110 Amendment of s 114 (Changing conditions of licence)
Clause 17
Section 114(2), from `promptly--' to `and'-- 18
omit, insert-- 19
`immediately-- 20
(a) give the key person licensee-- 21
(i) written notice of the changed conditions; and 22
(ii) an information notice for the decision; and'. 23
s 111 144 s 111
Gambling Legislation Amendment Bill 2004
111 Replacement of pt 7, div 7 (Suspension and cancellation of key
Clause 1
person licences) 2
Part 7, division 7-- 3
omit, insert-- 4
`Division 7--Suspension and cancellation of key person licences, and 5
other action by chief executive 6
`Subdivision 1--Suspension and cancellation 7
`123 Grounds 8
`(1) Each of the following is a ground for suspending or cancelling a key 9
person licensee's key person licence-- 10
(a) the key person licensee-- 11
(i) is not a suitable person to hold a key person licence; or 12
(ii) acts in a way that is inappropriate for the conduct of 13
authorised wagering; or 14
(iii) contravenes a provision of this Act, other than a provision a 15
contravention of which is an offence against this Act; or 16
(iv) contravenes a condition of the licence; 17
(b) the key person licensee has a conviction, other than a spent 18
conviction, for-- 19
(i) an offence against this Act or a gaming Act; or 20
(ii) an indictable offence; 21
(c) the key person licence was issued because of a materially false or 22
misleading representation or document. 23
`(2) For forming a belief that the ground mentioned in 24
subsection (1)(a)(i) exists, the chief executive may have regard to the same 25
matters to which the chief executive may have regard under 26
s 111 145 s 111
Gambling Legislation Amendment Bill 2004
section 113(2)27 in deciding whether an applicant for a key person licence 1
is a suitable person to hold the licence. 2
`(3) For subsection (1)(a)(ii), a key person licensee acts in a way that is 3
inappropriate for the conduct of authorised wagering if the licensee does, 4
or omits to do, an act that results in-- 5
(a) the conduct of authorised wagering by an authority operator not 6
being conducted under the approved control system for the 7
conduct of the wagering; and 8
(b) the integrity of the conduct of authorised wagering being 9
jeopardised. 10
`(4) In this section-- 11
"spent conviction" means a conviction-- 12
(a) for which the rehabilitation period under the Criminal Law 13
(Rehabilitation of Offenders) Act 1986 has expired under that 14
Act; and 15
(b) that is not revived as prescribed by section 1128 of that Act. 16
`124 Show cause notice 17
`(1) If the chief executive believes a ground exists to suspend or cancel a 18
key person licence, the chief executive must before taking action to 19
suspend or cancel the licence give the key person licensee a written notice 20
(a "show cause notice"). 21
`(2) The show cause notice must state the following-- 22
(a) the action the chief executive proposes taking under this 23
subdivision (the "proposed action"); 24
(b) the grounds for the proposed action; 25
(c) an outline of the facts and circumstances forming the basis for 26
the grounds; 27
(d) if the proposed action is suspension of the licence--the proposed 28
suspension period; 29
27 Section 113 (Suitability of applicants and key person licensees)
28 Criminal Law (Rehabilitation of Offenders) Act 1986, section 11 (Revival of
convictions)
s 111 146 s 111
Gambling Legislation Amendment Bill 2004
(e) that the key person licensee may, within a stated period (the 1
"show cause period"), make written representations to the chief 2
executive to show why the proposed action should not be taken. 3
`(3) The show cause period must end at least 21 days after the key 4
person licensee is given the show cause notice. 5
`(4) Subsection (5) applies if the chief executive believes-- 6
(a) the key person licensee is an employee or a key operator of an 7
authority operator; and 8
(b) the existence of the grounds for the proposed action is likely to 9
adversely affect the conduct of authorised wagering by the 10
authority operator. 11
`(5) The chief executive must immediately give a copy of the show cause 12
notice to the authority operator. 13
`(6) The authority operator may make written representations about the 14
show cause notice to the chief executive in the show cause period. 15
`125 Consideration of representations 16
`The chief executive must consider all written representations 17
(the "accepted representations") made under section 124(2)(e) or (6). 18
`126 Immediate suspension 19
`(1) The chief executive may suspend a key person licensee's key person 20
licence immediately if the chief executive believes-- 21
(a) a ground exists to suspend or cancel the licence; and 22
(b) it is necessary to suspend the licence immediately-- 23
(i) in the public interest; or 24
(ii) to ensure the integrity of the conduct of authorised wagering 25
is not jeopardised. 26
`(2) The suspension-- 27
(a) can be effected only by the chief executive giving the key person 28
licensee an information notice for the decision to suspend the 29
licence, together with a show cause notice; and 30
s 111 147 s 111
Gambling Legislation Amendment Bill 2004
(b) operates immediately the information notice is given to the 1
licensee; and 2
(c) continues to operate until the show cause notice is finally dealt 3
with. 4
`(3) If the chief executive believes the key person licensee is an 5
employee or a key operator of an authority operator, the chief executive 6
must immediately give written notice of the suspension to the authority 7
operator. 8
`127 Suspension and cancellation of licence after show cause process 9
`(1) This section applies if-- 10
(a) there are no accepted representations for a show cause notice; or 11
(b) after considering the accepted representations for a show cause 12
notice, the chief executive-- 13
(i) still believes a ground exists to suspend or cancel a key 14
person licence; and 15
(ii) believes suspension or cancellation of the licence is 16
warranted. 17
`(2) This section also applies if a key person licensee contravenes a 18
direction given to the licensee under section 130.29 19
`(3) The chief executive may-- 20
(a) if the proposed action was to suspend the licence--suspend the 21
licence for not longer than the proposed suspension period; or 22
(b) if the proposed action was to cancel the licence--cancel the 23
licence or suspend it for a period. 24
`(4) If the chief executive decides to take action under subsection (3), the 25
chief executive must immediately-- 26
(a) give an information notice for the decision to the key person 27
licensee; and 28
(b) if the chief executive believes the licensee is an employee or a 29
key operator of an authority operator--give written notice of the 30
suspension or cancellation to the authority operator. 31
29 Section 130 (Direction to rectify matter after show cause process)
s 111 148 s 111
Gambling Legislation Amendment Bill 2004
`(5) The decision takes effect on the later of the following-- 1
(a) the day the information notice is given to the key person licensee; 2
(b) the day of effect stated in the information notice. 3
`(6) If the chief executive cancels the licence, the key person licensee 4
must give the licence to the chief executive within 14 days after the 5
cancellation takes effect. 6
Maximum penalty for subsection (6)--40 penalty units. 7
`Subdivision 2--Other action by chief executive 8
`128 Ending show cause process without further action 9
`(1) This section applies if, after considering the accepted 10
representations for a show cause notice, the chief executive no longer 11
believes a ground exists to suspend or cancel a key person licence. 12
`(2) The chief executive-- 13
(a) must not take any further action about the show cause notice; and 14
(b) must give each of the following a written notice stating that no 15
further action is to be taken-- 16
(i) the key person licensee; 17
(ii) an authority operator to whom a copy of the show cause 18
notice was given under section 124(5). 19
`129 Censuring key person licensee 20
`(1) The chief executive may censure a key person licensee for a matter 21
relating to a ground for suspension or cancellation if the chief executive-- 22
(a) believes a ground exists to suspend or cancel the licensee's key 23
person licence but does not believe that giving a show cause 24
notice to the licensee is warranted; or 25
(b) after considering the accepted representations for a show cause 26
notice, still believes a ground exists to suspend or cancel the 27
licensee's key person licence but does not believe suspension or 28
cancellation of the licence is warranted. 29
s 111 149 s 111
Gambling Legislation Amendment Bill 2004
`(2) The censure can be effected only by the chief executive giving the 1
key person licensee an information notice for the decision to censure the 2
licensee. 3
`(3) If the chief executive believes the key person licensee is an 4
employee or a key operator of an authority operator, the chief executive 5
must immediately give written notice of the censure to the authority 6
operator. 7
`130 Direction to rectify matter after show cause process 8
`(1) This section applies if, after considering the accepted 9
representations for a show cause notice, the chief executive-- 10
(a) still believes a ground exists to suspend or cancel a key person 11
licence; and 12
(b) believes a matter relating to the ground for suspension or 13
cancellation is capable of being rectified and it is appropriate to 14
give the key person licensee an opportunity to rectify the matter. 15
`(2) The chief executive may direct the key person licensee to rectify the 16
matter. 17
`(3) If the chief executive decides to give a key person licensee a 18
direction under this section, the direction can be effected only by the chief 19
executive giving the licensee an information notice for the decision. 20
`(4) The information notice must state the period for rectifying the 21
matter. 22
`(5) The period must be reasonable, having regard to the nature of the 23
matter to be rectified. 24
`(6) If the chief executive gave a copy of the show cause notice to an 25
authority operator under section 124(5), the chief executive must give 26
written notice of the direction to the authority operator immediately after 27
giving the information notice to the key person licensee. 28
`131 Cancellation or reduction of period of suspension 29
`(1) If the chief executive suspends a key person licence, the chief 30
executive may, for any remaining period of suspension and at any time the 31
suspension is in force-- 32
s 112 150 s 114
Gambling Legislation Amendment Bill 2004
(a) cancel the period; or 1
(b) reduce the period by a stated period. 2
`(2) The chief executive may cancel or reduce the period only if the chief 3
executive considers it is appropriate to take the action. 4
`(3) The chief executive must immediately give written notice of the 5
decision to-- 6
(a) the key person licensee; and 7
(b) if the chief executive believed the key person licensee was an 8
employee or a key operator of an authority operator when the key 9
person licence was suspended--the authority operator. 10
`(4) Subsection (1) does not apply to an immediate suspension.'. 11
112 Amendment of s 174 (Control system submission)
Clause 12
(1) Section 174(5)-- 13
renumber as section 174(6). 14
(2) section 174-- 15
insert-- 16
`(5) However, an authority operator's control system submission need 17
not include particular information mentioned in subsection (4) if the chief 18
executive is satisfied, having regard to the nature of the operator's 19
operations, that the information is not necessary for the chief executive's 20
proper consideration of the submission under section 176.'. 21
113 Amendment of s 207 (Use of regulated wagering equipment)
Clause 22
Section 207(1), (2) and (3), penalties, `40'-- 23
omit, insert-- 24
`200'. 25
114 Omission of s 215 (Banning excessive gamblers)
Clause 26
Section 215-- 27
omit. 28
s 115 151 s 115
Gambling Legislation Amendment Bill 2004
115 Insertion of new pt 11, div 2A
Clause 1
Part 11, after section 216-- 2
insert-- 3
`Division 2A--Excluding persons from approved places of operation or 4
taking part in approved wagering 5
`Subdivision 1--Provisions about self-exclusion 6
`216A Self-exclusion notice 7
`(1) A person may give to a general operator a notice in the approved 8
form (a "self-exclusion notice") asking the general operator to prohibit the 9
person from taking part in approved wagering at, or entering or remaining 10
in, the operator's approved place of operation. 11
`(2) The person must, if asked by the general operator, give the operator 12
a recent photo of the person together with the notice. 13
`(3) If a general operator has more than 1 approved place of operation, a 14
self-exclusion notice may relate to a stated approved place of operation, or 15
all approved places of operation, of the operator. 16
`216B Self-exclusion order 17
`(1) If a person gives a general operator a self-exclusion notice under 18
section 216A, the general operator must as soon as practicable give to the 19
person-- 20
(a) a notice in the approved form (a "self-exclusion order") 21
prohibiting the person from entering or remaining in, or taking 22
part in approved wagering at, the operator's approved place of 23
operation; and 24
(b) details, including the name and address, of at least 1 entity that 25
provides counselling services for problem gamblers. 26
Maximum penalty--50 penalty units. 27
`(2) A self-exclusion order has effect for the period-- 28
(a) starting when it is given to the person; and 29
(b) ending on the earlier of the following-- 30
s 115 152 s 115
Gambling Legislation Amendment Bill 2004
(i) when a revocation notice for the order takes effect under 1
section 216C(3); 2
(ii) the day that is 5 years after the day the order is given to the 3
person. 4
`(3) If a general operator gives a person a self-exclusion order, the 5
operator must as soon as practicable give to the chief executive a copy of-- 6
(a) the order; and 7
(b) the self-exclusion notice relating to the order. 8
`216C Revoking self-exclusion order 9
`(1) A person who is given a self-exclusion order may, by notice in the 10
approved form (a "revocation notice") given to the general operator for 11
the approved place of operation to which the order relates, revoke the order. 12
`(2) However, the person may revoke the order only-- 13
(a) within 24 hours after the person receives it; or 14
(b) after 1 year after the person receives it. 15
`(3) A revocation notice takes effect-- 16
(a) if the notice is given to the general operator under 17
subsection (2)(a)--when it is given to the operator; or 18
(b) otherwise--28 days after the day it is given to the operator. 19
`(4) The general operator must, as soon as practicable after receiving a 20
revocation notice, give the chief executive written notice of the revocation. 21
`Subdivision 2--Exclusion instigated by general operator 22
`216D Exclusion direction 23
`(1) A general operator may give a person a notice in the approved form 24
(an "exclusion direction") prohibiting the person from taking part in 25
approved wagering at, or entering or remaining in, the operator's approved 26
place of operation if the operator believes on reasonable grounds the person 27
is a problem gambler. 28
s 115 153 s 115
Gambling Legislation Amendment Bill 2004
`(2) If a general operator has more than 1 approved place of operation, 1
an exclusion direction may relate to a stated approved place of operation, 2
or all approved places of operation, of the operator. 3
`(3) If a general operator decides to give a person an exclusion 4
direction-- 5
(a) the direction must be accompanied by an information notice for 6
the decision; and 7
(b) the operator must, as soon as practicable after giving the 8
direction, give a copy of it to the chief executive. 9
`216E Duration of exclusion direction 10
`An exclusion direction has effect for the period-- 11
(a) starting when it is given to the person concerned; and 12
(b) ending on the earlier of the following-- 13
(i) if the decision to give the direction is set aside on appeal 14
under part 14, division 1--when the decision is set aside; 15
(ii) if a revocation notice for the direction takes effect under 16
section 216G(6)--when the notice takes effect; 17
(iii) if a decision, under section 216G, refusing to revoke the 18
direction is set aside on appeal under part 14, 19
division 1--when the decision is set aside; 20
(iv) the day that is 5 years after the day the direction is given to 21
the person. 22
`216F Application to revoke exclusion direction 23
`(1) This section applies if a person is prohibited from taking part in 24
approved wagering at, or entering or remaining in, a general operator's 25
approved place of operation under an exclusion direction. 26
`(2) The person may apply to the general operator for the approved place 27
of operation to which the direction relates for revocation of the direction. 28
`(3) The application may only be made at least 1 year after the day the 29
person is given the direction. 30
`(4) The application must be-- 31
s 115 154 s 115
Gambling Legislation Amendment Bill 2004
(a) in the approved form; and 1
(b) supported by enough information to enable the general operator 2
to decide the application. 3
`(5) A person may apply under this section only once each year 4
commencing on the anniversary of the day the person was given the 5
direction. 6
`216G Deciding application to revoke exclusion direction 7
`(1) This section applies to an application under section 216F for 8
revocation of an exclusion direction. 9
`(2) The general operator must consider the application and, within 10
28 days after receiving it, decide to revoke or refuse to revoke the direction. 11
`(3) If the general operator fails to decide the application within 28 days 12
after its receipt, the failure is taken to be a decision by the operator to 13
refuse to revoke the direction. 14
`(4) In considering the application, the general operator may have regard 15
to the information supporting the application and any other information the 16
operator considers relevant, including, for example, a report of a 17
psychologist. 18
`(5) If the general operator decides to revoke the direction, the operator 19
must as soon as practicable-- 20
(a) give the applicant notice of the revocation in the approved form 21
(a "revocation notice"); and 22
(b) give the chief executive a copy of the revocation notice. 23
`(6) A revocation notice takes effect when it is given to the applicant. 24
`(7) If the general operator decides to refuse to revoke the direction, the 25
operator must as soon as practicable give the applicant an information 26
notice for the decision. 27
`Subdivision 3--Other provisions 28
`216H Particular persons not to take part in approved wagering etc. 29
`(1) This section applies to a person who is prohibited from taking part 30
in approved wagering at, or entering or remaining in, a general operator's 31
s 115 155 s 115
Gambling Legislation Amendment Bill 2004
approved place of operation under a self-exclusion order or an exclusion 1
direction. 2
`(2) The person must not take part in approved wagering at, or enter or 3
remain in, the general operator's approved place of operation. 4
Maximum penalty--40 penalty units. 5
`216I Counselling 6
`(1) This section applies if a court finds a person (the "defendant") 7
guilty of, or accepts a person's plea of guilty for, an offence against 8
section 216H(2). 9
`(2) The court may, if satisfied the defendant is a problem gambler, 10
postpone its decision on penalty on condition that the defendant agrees to 11
attend counselling on a basis decided by the court. 12
`(3) The agreement-- 13
(a) must provide for counselling of a kind that may, in the court's 14
opinion, be beneficial in helping to overcome harmful behaviour 15
related to gambling; and 16
(b) must provide for counselling over a period, of not more than 17
12 months, fixed by the court; and 18
(c) must allow the counsellor a discretion to disclose to the court 19
information about the defendant's participation in the 20
counselling if the counsellor believes the disclosure will help the 21
court to exercise its powers and discretions in an appropriate way 22
under this section; and 23
(d) must provide that the counsellor is to report to the court a failure 24
by the defendant to attend counselling under the agreement. 25
`(4) To decide whether the defendant is a problem gambler and, if so, 26
whether counselling of an appropriate kind is available, the court may have 27
regard to any information the court considers relevant, including, for 28
example, a report of a psychiatrist or a psychologist. 29
`(5) If the court postpones a decision on penalty under this section, the 30
court must proceed to make a decision on penalty-- 31
(a) as soon as practicable after the end of the period fixed for the 32
counselling; or 33
s 115 156 s 115
Gambling Legislation Amendment Bill 2004
(b) if, during the period fixed for the counselling, the defendant 1
advises the court that he or she does not want to continue with 2
the counselling--as soon as practicable after the court receives 3
the advice; or 4
(c) if, during the period fixed for the counselling, the counsellor 5
reports to the court that the defendant has failed to attend 6
counselling under the agreement or to participate satisfactorily in 7
the counselling--as soon as practicable after the court receives 8
the report. 9
`(6) In making its decision on penalty after a postponement under this 10
section, the court-- 11
(a) must consider whether and, if so, to what extent, the defendant 12
has made a genuine attempt to overcome harmful behaviour 13
related to gambling; and 14
(b) may, for considering the matters mentioned in paragraph (a), 15
have regard to the report of a counsellor appointed to counsel the 16
defendant under an agreement under this section. 17
`216J Obligation to prevent persons from taking part in approved 18
wagering etc. 19
`(1) This section applies to a general operator or an employee of the 20
operator if the operator or employee knows that a person is prohibited from 21
taking part in approved wagering at, or entering or remaining in, the 22
operator's approved place of operation under a self-exclusion order or an 23
exclusion direction. 24
`(2) The general operator or employee must take reasonable steps to 25
prevent the person from taking part in approved wagering at, or entering or 26
remaining in, the operator's approved place of operation. 27
Maximum penalty-- 28
(a) for a general operator--250 penalty units; or 29
(b) for another person--40 penalty units. 30
`(3) It is lawful for the general operator or employee to use necessary 31
and reasonable force to prevent the person from taking part in approved 32
wagering at, or entering or remaining in, the operator's approved place of 33
operation. 34
s 116 157 s 116
Gambling Legislation Amendment Bill 2004
`(4) The force that may be used does not include force that is likely to 1
cause bodily harm to the person. 2
`(5) Subsection (2) must not be construed as requiring a general operator 3
or an employee to use reasonable force to prevent a person from taking part 4
in approved wagering at, or entering or remaining in, the operator's 5
approved place of operation. 6
`(6) In this section-- 7
"bodily harm" means any bodily injury that interferes with health or 8
comfort. 9
`216K Register 10
`(1) A general operator must keep a register, in the approved form, of 11
persons who are prohibited from taking part in approved wagering at, or 12
entering or remaining in, the operator's approved place of operation under 13
a self-exclusion order or an exclusion direction. 14
Maximum penalty--40 penalty units. 15
`(2) The general operator must keep the register available for inspection 16
by an inspector. 17
`216L Notice of contravention of order or direction 18
`(1) This section applies if, under section 216J, a general operator or an 19
employee of a general operator prevents a person from taking part in 20
approved wagering at, or entering or remaining in, the operator's approved 21
place of operation. 22
`(2) The general operator must as soon as practicable give the chief 23
executive notice, in the approved form, of the prevention. 24
Maximum penalty--40 penalty units.'. 25
116 Amendment of s 291 (Appeals by authority operators)
Clause 26
Section 291, first and second dot points-- 27
omit. 28
s 117 158 s 119
Gambling Legislation Amendment Bill 2004
117 Amendment of s 294 (Appeals by key person licensees)
Clause 1
Section 294, fourth and fifth dot points-- 2
omit, insert-- 3
`· a decision under section 126 immediately suspending the key 4
person licence 5
· a decision under section 127 suspending or cancelling the key 6
person licence 7
· a decision under section 129 censuring the key person licensee 8
· a decision under section 130 directing the key person licensee to 9
rectify a matter.'. 10
118 Replacement of s 302 (Appeals to District Court)
Clause 11
Section 302-- 12
omit, insert-- 13
`302 Notice of decision 14
`The Gaming Commission must, as soon as practicable after deciding an 15
appeal, give each party to the appeal written notice of its decision and the 16
reasons for the decision.'. 17
119 Insertion of new pt 14, div 1, sdivs 2 and 3
Clause 18
Part 14, division 1, after section 302-- 19
insert-- 20
`Subdivision 2--Appeals to Magistrates Court 21
`302A Who may appeal 22
`A person may appeal to a Magistrates Court against the following 23
decisions-- 24
(a) a decision of a general operator, under section 216D, to give the 25
person an exclusion direction; 26
(b) a decision of a general operator, under section 216G, refusing to 27
revoke an exclusion direction given to the person. 28
s 119 159 s 119
Gambling Legislation Amendment Bill 2004
`302B Starting appeal 1
`(1) An appeal is started by-- 2
(a) filing a notice of appeal with the clerk of a Magistrates Court; 3
and 4
(b) serving a copy of the notice on the general operator who made 5
the decision; and 6
(c) complying with rules of court applicable to the appeal. 7
`(2) The notice of appeal must be filed within 28 days after the person is 8
given the information notice for the decision. 9
`(3) However, the court may, at any time, extend the time for filing the 10
notice of appeal. 11
`(4) The notice of appeal must state fully the grounds of appeal. 12
`302C Stay of operation of decision 13
`(1) The Magistrates Court may grant a stay of the decision to secure the 14
effectiveness of the appeal. 15
`(2) A stay-- 16
(a) may be given on the conditions the court considers appropriate; 17
and 18
(b) operates for the period fixed by the court; and 19
(c) may be amended or cancelled by the court. 20
`(3) The period of a stay under this section must not extend past the time 21
when the court decides the appeal. 22
`(4) The appeal affects the decision, or carrying out of the decision, only 23
if it is stayed. 24
`302D Hearing procedures 25
`(1) In deciding an appeal, the Magistrates Court-- 26
(a) is not bound by the rules of evidence; and 27
(b) must comply with natural justice. 28
s 120 160 s 120
Gambling Legislation Amendment Bill 2004
`(2) An appeal is by way of rehearing, unaffected by the decision 1
appealed against, on the material before the general operator who made the 2
decision and any further evidence allowed by the court. 3
`302E Court's powers on appeal 4
`(1) In deciding an appeal, the Magistrates Court may-- 5
(a) confirm the decision appealed against; or 6
(b) set aside the decision and substitute another decision; or 7
(c) set aside the decision and return the matter to the general 8
operator with directions the court considers appropriate. 9
`(2) If the court substitutes another decision, the substituted decision is, 10
for this Act, other than this division, taken to be the decision of the general 11
operator. 12
`Subdivision 3--Appeals to District Court 13
`302F Appeal to District Court 14
`An appeal lies to the District Court against a decision of the Gaming 15
Commission or a Magistrates Court under this division but only on a 16
question of law.'. 17
120 Amendment of s 308 (Confidentiality of information)
Clause 18
(1) Section 308(1), (2) and (3), before `information'-- 19
insert-- 20
`confidential'. 21
(2) Section 308(3)(c), `entity or person'-- 22
omit, insert-- 23
`person or other entity'. 24
(3) Section 308(5), before `information', first mention-- 25
insert-- 26
`confidential'. 27
s 121 161 s 121
Gambling Legislation Amendment Bill 2004
(4) Section 308-- 1
insert-- 2
`(6) In this section-- 3
"confidential information" means information, other than information 4
that is publicly available, about-- 5
(a) a person's personal affairs, business affairs or reputation, 6
character, criminal history, current financial position or financial 7
background; or 8
(b) a person making an application under this Act.'. 9
121 Insertion of new pt 17, div 2
Clause 10
Part 17, after section 329-- 11
insert-- 12
`Division 2--Transitional provisions for Gambling Legislation 13
Amendment Act 2004 14
`330 Definitions for div 2 15
`In this division-- 16
"commencement" means the day this division commences. 17
"pre-amended Act" means this Act as in force before the commencement 18
of the Gambling Legislation Amendment Act 2004, part 9. 19
`331 Dealing with show cause notice 20
`(1) This section applies if-- 21
(a) under the pre-amended Act, section 124 or 130, the chief 22
executive has given a show cause notice to a key person licensee; 23
and 24
(b) the notice has not been finally dealt with before the 25
commencement. 26
`(2) For dealing with the show cause notice, the pre-amended Act 27
continues to apply as if the Gambling Legislation Amendment Act 2004, 28
part 9, had not commenced. 29
s 121 162 s 121
Gambling Legislation Amendment Bill 2004
`(3) Subsection (4) applies if, under the pre-amended Act, a person could 1
appeal to the Gaming Commission against a decision of the chief executive 2
relating to the show cause notice. 3
`(4) The person may appeal, and the Gaming Commission may hear and 4
decide the appeal, under the pre-amended Act. 5
`332 Direction to rectify under pre-amended Act 6
`(1) This section applies to a direction to rectify a matter given to a key 7
person licensee under the pre-amended Act, section 128, if-- 8
(a) the chief executive gave the direction to the licensee after 9
considering, under the pre-amended Act, the accepted 10
representations for a show cause notice; and 11
(b) before the commencement-- 12
(i) the period for rectifying the matter under that Act has not 13
ended; or 14
(ii) the period for rectifying the matter under that Act has ended 15
and action has not been taken under section 129 of that Act 16
in relation to a failure to comply with the direction. 17
`(2) A failure to comply with the direction may be dealt with under the 18
pre-amended Act as if the Gambling Legislation Amendment Act 2004, 19
part 9, had not commenced. 20
`(3) Subsection (4) applies to a direction to rectify a matter given to a 21
key person licensee under the pre-amended Act, section 128, if-- 22
(a) the chief executive gave the direction to the licensee without a 23
show cause notice; and 24
(b) before the commencement-- 25
(i) the period for rectifying the matter under that Act has not 26
ended; or 27
(ii) the period for rectifying the matter under that Act has ended 28
and action has not been taken under that Act in relation to a 29
failure to comply with the direction. 30
`(4) A failure to comply with the direction is taken to be a contravention 31
of a provision of this Act, other than a provision a contravention of which is 32
an offence against this Act. 33
s 121 163 s 121
Gambling Legislation Amendment Bill 2004
`333 Appeals to Gaming Commission 1
`(1) Subsection (2) applies if-- 2
(a) a person has appealed to the Gaming Commission against a 3
decision of the chief executive under the repealed provision; and 4
(b) the appeal has not been decided before the commencement. 5
`(2) The Gaming Commission may hear, or continue to hear, and decide 6
the appeal under the pre-amended Act. 7
`(3) Subsection (4) applies if-- 8
(a) immediately before the commencement a person could have 9
appealed to the Gaming Commission against a decision of the 10
chief executive under the repealed provision; and 11
(b) the person has not appealed before the commencement. 12
`(4) The person may appeal, and the Gaming Commission may hear and 13
decide the appeal, under the pre-amended Act. 14
`(5) In this section-- 15
"repealed provision" means the pre-amended Act, section 129. 16
`334 Continuation of obligation under pre-amended Act, s 215 17
`(1) This section applies to a general operator if, immediately before the 18
commencement, the operator must not, under the pre-amended Act, 19
section 215(2), allow a person to take part in approved wagering at a place 20
at which the operator is entitled to carry on the operator's operations. 21
`(2) The pre-amended Act, section 215(2,) continues to apply to the 22
operator as if the Gambling Legislation Amendment Act 2004, part 9, had 23
not commenced. 24
`335 Transitional provision for race wagering licence 25
`(1) This section applies to a race wagering licence that is in force 26
immediately before the commencement. 27
`(2) In the race wagering licence-- 28
(a) a reference to a horse, trotting or greyhound race is taken to be a 29
reference to thoroughbred, harness or greyhound racing; and 30
s 122 164 s 122
Gambling Legislation Amendment Bill 2004
(b) a reference to an event or contingency that is scheduled to be 1
held at a race meeting at a racing venue is taken to be a reference 2
to an event or contingency that may be lawfully held in 3
Queensland or elsewhere.'. 4
122 Amendment of sch 2 (Dictionary)
Clause 5
(1) Schedule 2, definitions, "accepted representations", "greyhound 6
race", "horse race", "information notice", "race meeting", "racing entity", 7
"racing venue" "show cause notice", "show cause period", "sporting 8
event", "TAB subsidiary" and "trotting race"-- 9
omit. 10
(2) Schedule 2-- 11
insert-- 12
` "accepted representations"-- 13
(a) for part 4, division 5--see section 46; and 14
(b) for part 5, division 5--see section 83(2); and 15
(c) for part 7, division 7--see section 125; and 16
(d) for part 8, division 4--see section 155(2); and 17
(e) for part 11, division 1--see section 196(2). 18
"approved place of operation", for a general operator, means the place 19
where the operator may, under section 205,30 carry on the operator's 20
operations. 21
"commencement", for part 17, division 2, see section 330. 22
"exclusion direction" see section 216D(1). 23
"indictable offence" includes an indictable offence dealt with summarily, 24
whether or not the Criminal Code, section 659,31 applies to the 25
indictable offence. 26
"information notice", for a decision of the chief executive or a general 27
operator, means a written notice stating all of the following-- 28
(a) the decision; 29
30 Section 205 (Places of operation)
31 Criminal Code, section 659 (Effect of summary conviction for indictable offences)
s 122 165 s 122
Gambling Legislation Amendment Bill 2004
(b) the reasons for the decision; 1
(c) that the person to whom the notice is given may, within 28 days 2
after the person receives the notice, appeal against the decision 3
to-- 4
(i) for a decision of the chief executive--the Gaming 5
Commission; or 6
(ii) for a decision of a general operator--a Magistrates Court; 7
(d) how the person may appeal to the Gaming Commission or a 8
Magistrates Court. 9
"licensed club" see the Racing Act 2002, schedule 3. 10
"licensed venue" see the Racing Act 2002, schedule 3. 11
"pre-amended Act", for part 17, division 2, see section 330. 12
"problem gambler" means a person whose behaviour indicates a 13
compulsion to gamble, an addiction to gambling, or an inability or 14
disinclination to make rational judgments about gambling. 15
"proposed action", for part 7, division 7, see section 124(2)(a). 16
"race meeting" means a meeting for conducting thoroughbred, harness or 17
greyhound racing. 18
"revocation notice"-- 19
(a) for part 11, division 3, subdivision 1--see section 216C(1); and 20
(b) for part 11, division 3, subdivision 2--see section 216G(5)(a). 21
"self-exclusion notice" see section 216A(1). 22
"self-exclusion order" see section 216B(1)(a). 23
"show cause notice"-- 24
(a) for part 4, division 5--see section 44(2); and 25
(b) for part 5, division 5--see section 82(2); and 26
(c) for part 7, division 7--see section 124(1); and 27
(d) for part 8, division 4--see section 154(2); and 28
(e) for part 11, division 1--see section 195(3). 29
"show cause period"-- 30
(a) for part 4, division 5--see section 44(2)(e); and 31
s 123 166 s 123
Gambling Legislation Amendment Bill 2004
(b) for part 5, division 5--see section 82(2)(d); and 1
(c) for part 8, division 4--see section 154(2)(d); and 2
(d) for part 11, division 1--see section 195(3)(d). 3
"sporting event" does not include an event or contingency that is, or 4
relates to, thoroughbred, harness or greyhound racing. 5
"UNiTAB" means UNITAB Limited ACN 085 691 738. 6
"UNiTAB subsidiary" means a wholly-owned subsidiary of UNiTAB.'. 7
PART 10--CONSEQUENTIAL AND OTHER 8
AMENDMENTS 9
123 Consequential and other amendments
Clause 10
The schedule amends the Acts it mentions. 11
167
Gambling Legislation Amendment Bill 2004
SCHEDULE 1
CONSEQUENTIAL AND OTHER AMENDMENTS 2
section 123 3
CASINO CONTROL ACT 1982 4
1 Section 31(1)(b), `, whether on indictment or summarily, 5
punishable in the particular case'. 6
omit, insert-- 7
`punishable'. 8
2 Part 9A, heading, `TO GAMING COMMISSION'-- 9
omit. 10
3 Part 9A, before section 91A-- 11
insert-- 12
`Division 1--Appeals to Gaming Commission'. 13
4 Part 10, after section 91P, as inserted by this Act-- 14
insert-- 15
`Subdivision 2--Exclusion instigated by other persons'. 16
5 Section 101, `100'-- 17
omit, insert-- 18
`100B'. 19
168
Gambling Legislation Amendment Bill 2004
SCHEDULE (continued)
6 Section 126(d), `list of names of persons referred to in 1
section 97'-- 2
omit, insert-- 3
`register mentioned in section 100C'. 4
7 Section 126(d), `list', second mention-- 5
omit, insert-- 6
`register'. 7
GAMING MACHINE ACT 1991 8
1 Section 22(1)(g), `, whether on indictment or summarily, 9
punishable in the particular case'-- 10
omit, insert-- 11
`punishable'. 12
2 Section 29(1)(a), `54(6)'-- 13
omit, insert-- 14
`54(7)'. 15
3 Section 66(3)(b)(iv), `(whether on indictment or summarily) 16
punishable in the particular case'-- 17
omit, insert-- 18
`punishable'. 19
169
Gambling Legislation Amendment Bill 2004
SCHEDULE (continued)
4 Section 97(1)(b)(iv), `, whether on indictment or summarily, 1
punishable in the particular case'-- 2
omit, insert-- 3
`punishable'. 4
5 Section 97(1)(c)(i), `261'-- 5
omit, insert-- 6
`261A(1)'. 7
6 Section 139(1)(b), `(whether on indictment or summarily)'-- 8
omit. 9
7 Section 153(2)(b)(ii), `(whether on indictment or summarily)'-- 10
omit. 11
8 Section 164(4A) and (5)-- 12
renumber as section 164(5) and (6). 13
9 Part 5, before section 185-- 14
insert-- 15
`Division 1--Preliminary'. 16
10 Before section 196-- 17
insert-- 18
`Division 2--Applications for licences, and changes in circumstances of 19
applicants and holders of licences'. 20
170
Gambling Legislation Amendment Bill 2004
SCHEDULE (continued)
11 Section 199(3)(b)(iv), `(whether on indictment or summarily) 1
punishable in the particular case'-- 2
omit, insert-- 3
`punishable'. 4
12 Before section 202-- 5
insert-- 6
`Division 3--Form of licence and other matters about licences'. 7
13 Before section 209-- 8
insert-- 9
`Division 4--Displaying licences etc., and disclosing information'. 10
14 Before section 211-- 11
insert-- 12
`Division 5--Audit programs and investigations'. 13
15 Before section 215-- 14
insert-- 15
`Division 7--Miscellaneous'. 16
16 Part 6, before section 225-- 17
insert-- 18
`Division 1--Installation and storage, and register, of gaming machines'. 19
17 Before section 229-- 20
insert-- 21
`Division 2--Advertising'. 22
171
Gambling Legislation Amendment Bill 2004
SCHEDULE (continued)
18 Before section 231-- 1
insert-- 2
`Division 3--Gaming related systems'. 3
19 Before section 233-- 4
insert-- 5
`Division 4--Fees for basic monitoring services, and maintaining 6
facilities'. 7
20 Before section 235-- 8
insert-- 9
`Division 5--Hours of gaming and rules ancillary to gaming'. 10
21 Before section 238-- 11
insert-- 12
`Division 6--Extending credit, and gaming tokens'. 13
22 Before section 241-- 14
insert-- 15
`Division 7--Provisions about winnings and other payments'. 16
23 Before section 250-- 17
insert-- 18
`Division 8--Defective gaming system components, and security of 19
gaming machines'. 20
24 Section 252(c), `drop'-- 21
omit, insert-- 22
`cash'. 23
172
Gambling Legislation Amendment Bill 2004
SCHEDULE (continued)
25 Before section 253-- 1
insert-- 2
`Division 9--Provisions about minors'. 3
26 Before section 263-- 4
insert-- 5
`Division 11--Obstructing licensees and other persons'. 6
27 Section 356(8), definition "serious offence", `265(1) or (8)'-- 7
omit, insert-- 8
`265(1) or (5)'. 9
28 Section 423, `412(1)'-- 10
omit, insert-- 11
`412'. 12
29 Section 427(2), `section 54(5)(a),'-- 13
omit, insert-- 14
`section 54(6)(a),32'. 15
32 Section 54 (Confidentiality of information)
173
Gambling Legislation Amendment Bill 2004
SCHEDULE (continued)
INTERACTIVE GAMBLING (PLAYER PROTECTION) 1
ACT 1998 2
1 Part 10, before section 249-- 3
insert-- 4
`Division 1--Appeals to Queensland Gaming Commission'. 5
KENO ACT 1996 6
1 Section 45(1) and (2), `of receiving'-- 7
omit, insert-- 8
`after receiving'. 9
2 Part 8, divisions 2A, as inserted by this Act, and 3-- 10
renumber as part 8, divisions 3 and 4. 11
3 Part 11, before section 228-- 12
insert-- 13
`Division 1--Appeals to Gaming Commission'. 14
4 Part 13, heading-- 15
omit, insert-- 16
`PART 13--TRANSITIONAL PROVISIONS 17
`Division 1--Transitional provision for Gaming Machine and Other 18
Legislation Amendment Act (No. 2) 1999'. 19
174
Gambling Legislation Amendment Bill 2004
SCHEDULE (continued)
LOTTERIES ACT 1997 1
1 Sections 6(3) and (4), 7(1) and (2), 24(1)(c), 83(1)(c), 204(b), 2
206(1)(g) and 225(2)(a), `Gaming Act'-- 3
omit, insert-- 4
`gaming Act'. 5
POLICE POWERS AND RESPONSIBILITIES ACT 2000 6
1 Schedule 4, definition "prescribed place", paragraph (b)(ix)-- 7
omit, insert-- 8
`(ix) a licensed venue under the Racing Act 2002; or'. 9
WAGERING ACT 1998 10
1 Sections 4(1)(b) and (2)(b), 16(2), 17(2), 22(1) and (2), `the TAB or 11
a TAB subsidiary'-- 12
omit, insert-- 13
`UNiTAB or a UNiTAB subsidiary'. 14
2 Sections 18, 23(1)(b), 141(1)(a), 204(b), 303(1) to (5), 304(1) and 15
(2), and 306(a), `race club'-- 16
omit, insert-- 17
`licensed club'. 18
175
Gambling Legislation Amendment Bill 2004
SCHEDULE (continued)
3 Section 22(7)-- 1
insert-- 2
` "racing entity" means a control body under the Racing Act 2002.'. 3
4 Part 11, divisions 2A, as inserted by this Act, and 3-- 4
renumber as part 11, divisions 3 and 4. 5
5 Part 14, division 1, before section 291-- 6
insert-- 7
`Subdivision 1--Appeals to Gaming Commission'. 8
6 Part 17, before section 318-- 9
insert-- 10
`Division 1--Transitional provisions for Act No. 15 of 1998'. 11
7 Section 318, heading, `part'-- 12
omit, insert-- 13
`div 1'. 14
8 Section 318, `This part'-- 15
omit, insert-- 16
`This division'. 17
9 Section 319, heading, after `Definitions'-- 18
insert-- 19
`for div 1'. 20
176
Gambling Legislation Amendment Bill 2004
SCHEDULE (continued)
10 Section 319, `part'-- 1
omit, insert-- 2
`division'. 3
© State of Queensland 2004
AMENDMENTS TO BILL
1
Gambling Legislation Amendment Bill 2004
GAMBLING LEGISLATION AMENDMENT
BILL 2004
AMENDMENTS AGREED TO IN COMMITTEE
1 Clause 2--
Page 16, at line 7, after `Act'--
insert--
`, other than sections 4A, 4B, 5A and 18(4) to (7),'.
2 After clause 4--
At page 17, after line 26--
insert--
`4A Insertion of new s 29A
After section 29--
insert--
`29A Notice of particular change under casino management agreement
`(1) This section applies if, under a casino management agreement, a
person who is, or may be, the casino operator under the agreement may,
from time to time--
(a) stop being the casino operator; or
(b) become the casino operator.
`(2) At least 60 days before the person is to stop being or is to become
the casino operator, the relevant person for the casino management
agreement must give written notice of the proposed change to the chief
executive.
Maximum penalty--40 penalty units.
`(3) In this section--
"relevant person" means--
2
Gambling Legislation Amendment Bill 2004
(a) for a casino management agreement entered into by a casino
licensee, or a casino licensee and a lessee under a casino
lease--the casino licensee; or
(b) for another casino management agreement--the lessee under a
casino lease who entered into the agreement.'.
`4B Amendment of s 31 (Cancellation or suspension of casino licences
and letters of censure)
Section 31(1), from `who has entered' to `lease'--
omit, insert--
`under the agreement'.'.
3 After clause 5--
At page 24, after line 4--
insert--
`5A Amendment of s 57 (Liability for fees, taxes and levies)
(1) Section 57(2), `Where'--
omit, insert--
`If'.
(2) Section 57(3)--
omit, insert--
`(3) If--
(a) the casino operator is not the casino licensee or a lessee under a
casino lease and there is no casino lease, the casino operator and
the casino licensee; or
(b) the casino operator is not the casino licensee or a lessee under a
casino lease and there is a casino lease, the casino operator,
casino licensee and lessee under the lease;
are jointly and severally liable for all fees, taxes and levies payable in
accordance with this part.'.'.
3
Gambling Legislation Amendment Bill 2004
4 Clause 18--
At page 39, after line 31--
insert--
`(4) Schedule, definition "casino management agreement", `the other'--
omit, insert--
`another'.
(5) Schedule, definition "casino operator", paragraphs (a) and (b),
`where'--
omit, insert--
`if'.
(6) Schedule, definition "casino operator", paragraph (c)--
omit, insert--
`(c) if there is a casino management agreement--
(i) for any period in which a person is, for the time being under
the agreement, responsible for the management of the
casino--that person; or
(ii) for another period--
(A) if there is no casino lease, or there is a casino lease and
the lessee under the lease has not entered into the
agreement--the casino licensee who entered into the
agreement; or
(B) if there is a casino lease and the lessee under the lease
has entered into the agreement--the lessee;'.
(7) Schedule, definition "casino operator", paragraph (f), after `licensee',
second mention--
insert--
`, but does not include the person during any period after the grant of the
licence in which the person is not responsible for the management of the
casino'.'.
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