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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Gambling Legislation
Amendment Bill 2005
Queensland
Gambling Legislation Amendment Bill
2005
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 2 Amendment of Casino Control Act 1982
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Omission of ss 612. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5 Replacement of ss 7375. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
73 Casino operations to be conducted under approved
control system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
74 Control system submission . . . . . . . . . . . . . . . . . . . . 11
75 Control system (change) submission . . . . . . . . . . . . . 12
75A Dealing with submissions . . . . . . . . . . . . . . . . . . . . . . 13
75B Direction to change approved control system . . . . . . 14
6 Insertion of new pt 9, div 1, and div 2, hdg. . . . . . . . . . . . . . . . . . 14
Division 1 Inspectors
Subdivision 1 Appointment of inspectors
85E Appointment and qualifications . . . . . . . . . . . . . . . . . 14
Subdivision 2 Other matters about inspectors
85F Conditions and limit on powers . . . . . . . . . . . . . . . . . 15
85G Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . 16
85H Production or display of identity card . . . . . . . . . . . . . 16
85I When inspector ceases to hold office. . . . . . . . . . . . . 16
85J Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
85K Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . 17
Subdivision 3 Audit program and report about criminal
history
2
Gambling Legislation Amendment Bill 2005
85L Audit program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
85M Report about criminal history . . . . . . . . . . . . . . . . . . . 18
7 Omission of s 95 (Copy of direction to chief executive) . . . . . . . . 18
8 Amendment of s 127 (Regulation-making power) . . . . . . . . . . . . 18
9 Insertion of new pt 11, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 5 Transitional provisions for Gambling
Legislation Amendment Act 2005
140 Definitions for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
141 Control systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
142 Inspectors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
143 Audit program for inspectors . . . . . . . . . . . . . . . . . . . 20
10 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 20
Part 3 Amendment of Charitable and Non-Profit Gaming Act 1999
11 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
12 Replacement of pt 6, div 1 (Inspectors) . . . . . . . . . . . . . . . . . . . . 21
Division 1 Inspectors
Subdivision 1 Appointment of inspectors
111 Appointment and qualifications . . . . . . . . . . . . . . . . . 21
Subdivision 2 Other matters about inspectors
112 Conditions and limit on powers . . . . . . . . . . . . . . . . . 22
113 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . 22
114 Production or display of identity card . . . . . . . . . . . . . 23
115 When inspector ceases to hold office. . . . . . . . . . . . . 23
116 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
117 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . 24
Subdivision 3 Audit program and report about criminal
history
118 Audit program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
118A Report about criminal history . . . . . . . . . . . . . . . . . . . 25
13 Amendment of s 183 (Confidentiality of information) . . . . . . . . . . 25
14 Amendment of s 184 (Delegations) . . . . . . . . . . . . . . . . . . . . . . . 25
15 Insertion of new pt 10, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 2 Transitional provisions for Gambling
Legislation Amendment Act 2005
196 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
197 Inspectors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
198 Audit program for inspectors . . . . . . . . . . . . . . . . . . . 26
16 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 27
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Gambling Legislation Amendment Bill 2005
Part 4 Amendment of Gambling Legislation Amendment Act 2004
17 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
18 Amendment of s 5 (Replacement of pt 4, div 5 (Suspension and
cancellation of casino key employee and casino employee
licences) of Act No. 78 of 1982) . . . . . . . . . . . . . . . . . . . . . . . . . . 27
19 Omission of s 6 (Amendment of s 74 (Content of submission)
of Act No. 78 of 1982). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
20 Amendment of s 10 (Insertion of new pt 10, div 1, sdiv 1
of Act No. 78 of 1982). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
21 Omission of s 13 (Amendment of s 95 (Copy of direction to chief
executive) of Act No. 78 of 1982) . . . . . . . . . . . . . . . . . . . . . . . . . 28
22 Amendment of s 14 (Amendment of s 96 (Duration of direction)
of Act No. 78 of 1982). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
23 Amendment of s 15 (Replacement of ss 97100 of Act
No. 78 of 1982) .................................... 28
24 Amendment of s 18 (Amendment of schedule (Dictionary)
of Act No. 78 of 1982). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
25 Amendment of s 50 (Replacement of s 261 (Licensees to
prohibit certain persons from gaming) of Act No. 7 of 1991) . . . . 29
26 Amendment of s 60 (Amendment of schedule (Dictionary)
of Act No. 7 of 1991). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
27 Amendment of s 66 (Replacement of s 137 (Prohibition of
interactive gambling) of Act No. 14 of 1998). . . . . . . . . . . . . . . . . 30
28 Amendment of s 73 (Amendment of sch 3 (Dictionary) of
Act No. 14 of 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
29 Amendment of s 80 (Insertion of new pt 8, div 2A of Act
No. 47 of 1996) .................................... 31
30 Amendment of s 87 (Amendment of sch 4 (Dictionary)
of Act No. 47 of 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
31 Amendment of s 115 (Insertion of new pt 11, div 2A
of Act No. 15 of 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Subdivision 1AA Preliminary
216AA Definition for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
32 Amendment of s 122 (Amendment of sch 2 (Dictionary)
of Act No. 15 of 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Part 5 Amendment of Gaming Machine Act 1991
33 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
34 Omission of ss 3947. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
35 Replacement of ss 5052. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
50 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
36 Amendment of s 53 (Criminal history reports) . . . . . . . . . . . . . . . 35
37 Insertion of new ss 54B and 54C . . . . . . . . . . . . . . . . . . . . . . . . . 35
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Gambling Legislation Amendment Bill 2005
54B Chief executive may make standard. . . . . . . . . . . . . . 35
54C Notice and availability of standard . . . . . . . . . . . . . . . 36
38 Amendment of s 56 (Application for gaming machine licences). . 36
39 Amendment of s 80A (When gaming machine licence lapses
and number of approved gaming machines changes) . . . . . . . . . 37
40 Amendment of s 166 (Dealing with submissions) . . . . . . . . . . . . 38
41 Amendment of s 196 (Application for gaming nominee's licence
by licensed gaming employee) . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
42 Amendment of s 198 (Applications for licences under this part) . 39
43 Insertion of new pt 6, div 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Division 12 Reports about matters relating to compliance
with Act
264A Compliance self-assessment . . . . . . . . . . . . . . . . . . . 39
264B Keeping compliance self-assessment . . . . . . . . . . . . 40
264C Report about particular activities . . . . . . . . . . . . . . . . 40
44 Amendment of s 290 (Gaming prohibited on unprotected
devices) ..................................... 41
45 Amendment of s 292 (Protection of sensitive areas of gaming
equipment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
46 Insertion of new s 292A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
292A Licensee's obligation about site controller . . . . . . . . . 42
47 Amendment of s 296 (Weekly money clearances) . . . . . . . . . . . . 42
48 Amendment of s 308 (Places at which licensee's accounting
records to be kept) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
49 Insertion of new pt 10, div 1, and div 2, hdg. . . . . . . . . . . . . . . . . 44
Division 1 Inspectors
Subdivision 1 Appointment of inspectors
325A Appointment and qualifications . . . . . . . . . . . . . . . . . 44
Subdivision 2 Other matters about inspectors
325B Conditions and limit on powers . . . . . . . . . . . . . . . . . 45
325C Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . 45
325D Production or display of identity card . . . . . . . . . . . . . 45
325E When inspector ceases to hold office. . . . . . . . . . . . . 46
325F Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
325G Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . 46
Subdivision 3 Audit program and report about criminal
history
325H Audit program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
325I Report about criminal history . . . . . . . . . . . . . . . . . . . 47
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Gambling Legislation Amendment Bill 2005
50 Amendment of s 366 (Regulation-making power) . . . . . . . . . . . . 48
51 Insertion of new pt 12, div 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Division 10 Provisions for Gambling Legislation
Amendment Act 2005
435 Definitions for div 10 . . . . . . . . . . . . . . . . . . . . . . . . . . 49
436 Application for gaming machine licence . . . . . . . . . . . 49
437 Application for gaming nominee's licence. . . . . . . . . . 50
438 Obligation of licensee . . . . . . . . . . . . . . . . . . . . . . . . . 50
439 Obligation of licensed gaming nominee . . . . . . . . . . . 51
440 Inspectors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
441 Audit program for inspectors . . . . . . . . . . . . . . . . . . . 52
52 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 52
Part 6 Amendment of Interactive Gambling (Player Protection) Act
1998
53 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
54 Amendment of s 130 (Consideration of, and decisions about,
submissions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
55 Replacement of ss 186194. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Subdivision 2 Appointment of inspectors
186 Appointment and qualifications . . . . . . . . . . . . . . . . . 54
Subdivision 3 Other matters about inspectors
187 Conditions and limit on powers . . . . . . . . . . . . . . . . . 55
188 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . 56
189 Production or display of identity card . . . . . . . . . . . . . 56
190 When appointed inspector ceases to hold office . . . . 56
191 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
192 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . 57
Subdivision 4 Audit program and report about criminal
history
193 Audit program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
194 Report about criminal history . . . . . . . . . . . . . . . . . . . 58
56 Replacement of s 261 (Delegations) . . . . . . . . . . . . . . . . . . . . . . 58
261 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
57 Insertion of new pt 12, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Division 2 Transitional provisions for Gambling
Legislation Amendment Act 2005
268 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
269 Inspectors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
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Gambling Legislation Amendment Bill 2005
270 Audit program for inspectors . . . . . . . . . . . . . . . . . . . 59
58 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 60
Part 7 Amendment of Keno Act 1996
59 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
60 Amendment of s 120 (Consideration of, and decisions about,
submissions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
61 Amendment of s 167 (Appointment and qualifications) . . . . . . . . 61
62 Omission of pt 9, div 1, sdiv 2 (Other inspectors). . . . . . . . . . . . . 61
63 Omission of s 171 (Identity card for inspector under gaming Act) 61
64 Amendment of s 171B (When inspector ceases to hold office) . . 62
65 Amendment of s 171D (Return of identity card) . . . . . . . . . . . . . . 62
66 Amendment of s 171E (Audit program) . . . . . . . . . . . . . . . . . . . . 62
67 Amendment of s 241 (Delegations) . . . . . . . . . . . . . . . . . . . . . . . 63
68 Amendment of s 243 (Regulation-making power) . . . . . . . . . . . . 63
69 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 63
Part 8 Amendment of Lotteries Act 1997
70 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
71 Amendment of s 103 (Consideration of, and decisions about,
submissions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
72 Amendment of s 153 (Appointment and qualifications) . . . . . . . . 65
73 Omission of pt 8, div 1, sdiv 2 (Other inspectors). . . . . . . . . . . . . 65
74 Omission of s 157 (Identity card for inspector under gaming Act) 65
75 Amendment of s 157B (When inspector ceases to hold office) . . 65
76 Amendment of s 157D (Return of identity card) . . . . . . . . . . . . . . 66
77 Amendment of s 157E (Audit program) . . . . . . . . . . . . . . . . . . . . 66
78 Amendment of s 226 (Delegations) . . . . . . . . . . . . . . . . . . . . . . . 66
79 Amendment of s 228 (Regulation-making power) . . . . . . . . . . . . 67
80 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 67
Part 9 Amendment of Wagering Act 1998
81 Act amended in pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
82 Amendment of s 176 (Dealing with submissions) . . . . . . . . . . . . 67
83 Replacement of pt 12, div 1 (Inspectors) . . . . . . . . . . . . . . . . . . . 68
Division 1 Inspectors
Subdivision 1 Appointment of inspectors
229 Appointment and qualifications . . . . . . . . . . . . . . . . . 68
Subdivision 2 Other matters about inspectors
230 Conditions and limit on powers . . . . . . . . . . . . . . . . . 69
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Gambling Legislation Amendment Bill 2005
231 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . 70
232 Production or display of identity card . . . . . . . . . . . . . 70
233 When inspector ceases to hold office. . . . . . . . . . . . . 70
234 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
235 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . 71
Subdivision 3 Audit program and report about criminal
history
236 Audit program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
237 Report about criminal history . . . . . . . . . . . . . . . . . . . 72
84 Amendment of s 309 (Delegations) . . . . . . . . . . . . . . . . . . . . . . . 72
85 Amendment of s 312 (Regulation-making power) . . . . . . . . . . . . 73
86 Insertion of new pt 17, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Division 3 Transitional provisions for Gambling
Legislation Amendment Act 2005
336 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
337 Inspectors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
338 Audit program for inspectors . . . . . . . . . . . . . . . . . . . 73
87 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 74
Part 10 Amendment of Acts
88 Minor amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Schedule Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Casino Control Act 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Charitable and Non-Profit Gaming Act 1999 . . . . . . . . . . . . . . . . 75
Gambling Legislation Amendment Act 2004 (Amendment of
Casino Control Act 1982) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Gambling Legislation Amendment Act 2004 (Amendment of
Gaming Machine Act 1991) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Gambling Legislation Amendment Act 2004 (Amendments of
Interactive Gambling (Player Protection) Act 1998) . . . . . . . . . . . 77
Gambling Legislation Amendment Act 2004 (Amendment of
Wagering Act 1998) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Gaming Machine Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Interactive Gambling (Player Protection) Act 1998. . . . . . . . . . . . 80
Keno Act 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Lotteries Act 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Wagering Act 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
2005
A Bill
for
An Act to amend Acts administered by the Deputy Premier,
Treasurer and Minister for Sport
s1 10 s4
Gambling Legislation Amendment Bill 2005
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Gambling Legislation 4
Amendment Act 2005. 5
Clause 2 Commencement 6
(1) Part 4, and part 10 and the schedule to the extent they amend 7
the Gambling Legislation Amendment Act 2004, commence 8
on assent. 9
(2) Sections 38, 41 to 43, 51 (to the extent it inserts section 435, 10
definition ANTA, and sections 436 to 439) and 52(2) (to the 11
extent it inserts definitions ANTA, approved training course, 12
compliance program, compliance program document and 13
compliance self-assessment), commence on 1 July 2005. 14
(3) The remaining provisions of this Act commence on 1 May 15
2005. 16
Part 2 Amendment of Casino Control 17
Act 1982 18
Clause 3 Act amended in pt 2 19
This part amends the Casino Control Act 1982. 20
Clause 4 Omission of ss 612 21
Sections 6 to 12-- 22
omit. 23
s5 11 s5
Gambling Legislation Amendment Bill 2005
Clause 5 Replacement of ss 7375 1
Sections 73 to 75-- 2
omit, insert-- 3
`73 Casino operations to be conducted under approved 4
control system 5
`(1) A casino operator must not operate a casino under a casino 6
licence unless the operator has an approved control system for 7
the casino. 8
Maximum penalty--200 penalty units. 9
`(2) If a casino operator has an approved control system for the 10
casino, the operator must not contravene the approved control 11
system in the operation of the casino. 12
Maximum penalty--200 penalty units. 13
`(3) A casino operator must not change the operator's approved 14
control system other than under a direction or approval of the 15
chief executive. 16
Maximum penalty--200 penalty units. 17
`74 Control system submission 18
`(1) A casino operator may make a submission (a control system 19
submission) to the chief executive for approval of the 20
operator's proposed control system. 21
`(2) A control system submission must be in writing and be 22
made-- 23
(a) at least 90 days before the casino operator proposes to 24
start casino operations under the casino licence; or 25
(b) if the chief executive considers it appropriate to allow a 26
submission to be made at a later time--by the time 27
allowed by the chief executive. 28
`(3) A control system submission must describe and explain the 29
casino operator's proposed control system. 30
`(4) In particular, a control system submission must include 31
information about-- 32
s5 12 s5
Gambling Legislation Amendment Bill 2005
(a) the following things to be used in connection with the 1
operation of the casino-- 2
(i) accounting systems and procedures and chart of 3
accounts; 4
(ii) administrative systems and procedures; 5
(iii) computer software; 6
(iv) standard forms and terms; and 7
(b) the general procedures to be followed in connection 8
with the operation of the casino; and 9
(c) the procedures and standards for the maintenance, 10
security, storage and transportation of equipment to be 11
used in connection with the operation of the casino; and 12
(d) the procedures for making bets and paying winning 13
bets; and 14
(e) the procedures for using and maintaining security 15
facilities. 16
`(5) However, a casino operator's control system submission need 17
not include particular information mentioned in subsection (4) 18
if the chief executive is satisfied, having regard to the nature 19
of the operator's operations, that the information is not 20
necessary for the chief executive's proper consideration of the 21
submission under section 75A. 22
`(6) A control system submission may include information 23
additional to the information mentioned in subsection (4). 24
`75 Control system (change) submission 25
`(1) A casino operator may make a submission (a control system 26
(change) submission) to the chief executive for approval to 27
change the operator's approved control system. 28
`(2) A control system (change) submission must be in writing and 29
be made-- 30
(a) at least 90 days before the casino operator proposes to 31
start operating the casino under the approved control 32
system, as proposed to be changed; or 33
s5 13 s5
Gambling Legislation Amendment Bill 2005
(b) if the chief executive considers it appropriate to allow a 1
submission to be made at a later time--by the time 2
allowed by the chief executive. 3
`(3) A control system (change) submission must contain 4
particulars of the proposed changes of the casino operator's 5
approved control system. 6
`75A Dealing with submissions 7
`(1) This section applies to a control system submission or control 8
system (change) submission made to the chief executive by a 9
casino operator. 10
`(2) The chief executive must consider the submission and either 11
approve, or refuse to approve, the casino operator's proposed 12
control system or the proposed change of the casino operator's 13
approved control system. 14
`(3) In considering the submission, the chief executive may, by 15
written notice given to the casino operator, require the 16
operator to give the chief executive, within a reasonable 17
period stated in the notice, further information that is 18
necessary and reasonable to help the chief executive make a 19
decision about the submission. 20
`(4) In considering whether to give an approval, the chief 21
executive must have regard to-- 22
(a) whether the submission satisfies the requirements under 23
this part for the submission; and 24
(b) whether the casino operator's proposed control system, 25
or approved control system as proposed to be changed, 26
is capable of providing satisfactory and effective control 27
over the operations of the casino. 28
`(5) The chief executive may refuse to give an approval if the 29
casino operator fails to comply with a requirement under 30
subsection (3) without a reasonable excuse. 31
`(6) If the chief executive approves the proposed control system, 32
or proposed change of the approved control system, the chief 33
executive must as soon as practicable give the casino operator 34
written notice of the decision. 35
s6 14 s6
Gambling Legislation Amendment Bill 2005
`(7) If the chief executive refuses to approve the proposed control 1
system, or proposed change of the approved control system, 2
the chief executive must as soon as practicable give the casino 3
operator a written notice that-- 4
(a) states the decision and the reasons for the decision; and 5
(b) if the chief executive believes the submission can easily 6
be changed to enable the chief executive to give an 7
approval-- 8
(i) explains how the submission can be changed; and 9
(ii) invites the casino operator to resubmit the 10
submission after making the appropriate changes. 11
`75B Direction to change approved control system 12
`(1) The chief executive may, by written notice given to a casino 13
operator, direct the operator to change the operator's approved 14
control system within the period, and in the way, stated in the 15
notice. 16
`(2) The casino operator must comply with the direction. 17
`(3) If the casino operator does not comply with the direction, at 18
the end of the period stated in the notice the operator's 19
approved control system is taken to have been changed in the 20
way stated in the notice.'. 21
Clause 6 Insertion of new pt 9, div 1, and div 2, hdg 22
Part 9, before section 86-- 23
insert-- 24
`Division 1 Inspectors 25
`Subdivision 1 Appointment of inspectors 26
`85E Appointment and qualifications 27
`(1) The chief executive may appoint a person as an inspector. 28
`(2) However, a person may be appointed as an inspector only if-- 29
s6 15 s6
Gambling Legislation Amendment Bill 2005
(a) the person is-- 1
(i) a public service officer or employee; or 2
(ii) a person prescribed under a regulation; and 3
(b) the chief executive is satisfied the person-- 4
(i) has the necessary expertise or experience to be an 5
inspector; or 6
(ii) has satisfactorily finished training approved by the 7
chief executive; and 8
(c) the chief executive is satisfied the person is a suitable 9
person to be an inspector, having regard to-- 10
(i) the person's character; and 11
(ii) the person's current financial position and financial 12
background; and 13
(iii) any other matter the chief executive considers 14
relevant to the person's suitability to be an 15
inspector. 16
`Subdivision 2 Other matters about inspectors 17
`85F Conditions and limit on powers 18
`(1) An inspector holds office on any conditions stated in-- 19
(a) the inspector's instrument of appointment; or 20
(b) a signed notice given to the inspector; or 21
(c) a regulation. 22
`(2) The instrument of appointment, a signed notice given to the 23
inspector or a regulation may limit the inspector's powers 24
under this Act. 25
`(3) In this section-- 26
signed notice means a notice signed by the chief executive. 27
s6 16 s6
Gambling Legislation Amendment Bill 2005
`85G Issue of identity card 1
`(1) The chief executive must issue an identity card to each 2
inspector. 3
`(2) The identity card must-- 4
(a) contain a recent photo of the inspector; and 5
(b) contain a copy of the inspector's signature; and 6
(c) identify the person as an inspector under this Act; and 7
(d) state an expiry date for the card. 8
`(3) This section does not prevent the issue of a single identity 9
card to a person for this Act and other purposes. 10
`85H Production or display of identity card 11
`(1) In exercising a power under this Act in relation to a person, an 12
inspector must-- 13
(a) produce the inspector's identity card for the person's 14
inspection before exercising the power; or 15
(b) have the identity card displayed so it is clearly visible to 16
the person when exercising the power. 17
`(2) However, if it is not practicable to comply with subsection (1), 18
the inspector must produce the identity card for the person's 19
inspection at the first reasonable opportunity. 20
`(3) For subsection (1), an inspector does not exercise a power in 21
relation to a person only because the inspector has entered a 22
public place or the land around premises to ask its occupier 23
for consent to enter the premises. 24
`85I When inspector ceases to hold office 25
`(1) An inspector ceases to hold office if any of the following 26
happens-- 27
(a) the term of office stated in a condition of office ends; 28
(b) under another condition of office, the inspector ceases to 29
hold office; 30
s6 17 s6
Gambling Legislation Amendment Bill 2005
(c) the inspector's resignation under section 85J takes 1
effect. 2
`(2) Subsection (1) does not limit the ways an inspector may cease 3
to hold office. 4
`(3) In this section-- 5
condition of office means a condition on which the inspector 6
holds office. 7
`85J Resignation 8
`An inspector may resign by signed notice given to the chief 9
executive. 10
`85K Return of identity card 11
`A person who ceases to be an inspector must return the 12
person's identity card to the chief executive immediately after 13
ceasing to be an inspector unless the person has a reasonable 14
excuse. 15
Maximum penalty--40 penalty units. 16
`Subdivision 3 Audit program and report about 17
criminal history 18
`85L Audit program 19
`(1) The Minister may approve an audit program for investigating 20
inspectors. 21
`(2) The chief executive may investigate an inspector under an 22
approved audit program to help the chief executive decide 23
whether the inspector is a suitable person to be an inspector, 24
having regard to-- 25
(a) the inspector's character; and 26
(b) the inspector's current financial position and financial 27
background; and 28
(c) any other matter the chief executive considers relevant 29
to the person's suitability to be an inspector. 30
s7 18 s8
Gambling Legislation Amendment Bill 2005
`(3) However, the chief executive may investigate an inspector 1
under subsection (2) only once every 2 years, unless the chief 2
executive reasonably suspects the inspector is not a suitable 3
person to be an inspector having regard to the matters 4
mentioned in subsection (2). 5
`(4) The chief executive must ensure the investigation is conducted 6
under the approved audit program. 7
`(5) In this section-- 8
approved audit program means an audit program approved by 9
the Minister under subsection (1). 10
`85M Report about criminal history 11
`(1) To help decide whether a person is a suitable person to be an 12
inspector or continue as an inspector, the chief executive may 13
ask the commissioner of the police service for a written report 14
about the person's criminal history. 15
`(2) If asked by the chief executive, the commissioner of the police 16
service must give the chief executive a written report about the 17
criminal history of the person. 18
`(3) The duty imposed on the commissioner of the police service 19
applies only to information in the commissioner's possession 20
or to which the commissioner has access. 21
`Division 2 Directions, powers of inspectors 22
etc.'. 23
Clause 7 Omission of s 95 (Copy of direction to chief executive) 24
Section 95-- 25
omit. 26
Clause 8 Amendment of s 127 (Regulation-making power) 27
(1) Section 127(2), `made for or about the following matters'-- 28
omit, insert-- 29
`about the following'. 30
s9 19 s9
Gambling Legislation Amendment Bill 2005
(2) Section 127(2)(b) to (h)-- 1
omit, insert-- 2
`(b) the casino tax mentioned in section 51; 3
(c) gaming machines and machine games; 4
(d) fees.'. 5
(3) Section 127-- 6
insert-- 7
`(3) A regulation may impose a penalty of no more than 20 penalty 8
units for contravention of a regulation.'. 9
Clause 9 Insertion of new pt 11, div 5 10
Part 11-- 11
insert-- 12
`Division 5 Transitional provisions for 13
Gambling Legislation Amendment 14
Act 2005 15
`140 Definitions for div 5 16
`In this division-- 17
commencement means the day the provision in which the 18
term is used commences. 19
post-amended Act means this Act as in force immediately 20
after the commencement. 21
`141 Control systems 22
`(1) This section applies to a system of internal controls and 23
administrative and accounting procedures for a casino that 24
was, immediately before the commencement, the system of 25
controls and procedures for the operation of the casino 26
approved by the chief executive under section 75 of this Act as 27
in force before the commencement. 28
s 10 20 s 10
Gambling Legislation Amendment Bill 2005
`(2) The system of internal controls and administrative and 1
accounting procedures is taken to be the approved control 2
system for the casino. 3
`142 Inspectors 4
`A person who was an inspector immediately before the 5
commencement is taken to be an inspector appointed under 6
the post-amended Act, section 85E. 7
`143 Audit program for inspectors 8
`The audit program for an inspector under this Act 9
immediately before the commencement is taken to be the 10
approved audit program under the post-amended Act, 11
section 85L.'. 12
Clause 10 Amendment of schedule (Dictionary) 13
(1) Schedule, definition audit program-- 14
omit. 15
(2) Schedule-- 16
insert-- 17
`approved control system means a control system approved 18
by the chief executive, and includes an approved control 19
system changed under a direction or approval of the chief 20
executive. 21
audit program, for a casino key employee or casino 22
employee, means a program approved under section 43B(1). 23
commencement-- 24
(a) for part 11, division 3--see section 130; and 25
(b) for part 11, division 4--see section 134; and 26
(c) for part 11, division 5--see section 140. 27
control system means a system of internal controls and 28
administrative and accounting procedures for the operation of 29
a casino by a casino operator. 30
s 11 21 s 12
Gambling Legislation Amendment Bill 2005
control system (change) submission see section 75(1). 1
control system submission see section 74(1). 2
post-amended Act, for part 11, division 5, see section 140.'. 3
Part 3 Amendment of Charitable and 4
Non-Profit Gaming Act 1999 5
Clause 11 Act amended in pt 3 6
This part amends the Charitable and Non-Profit Gaming Act 7
1999. 8
Clause 12 Replacement of pt 6, div 1 (Inspectors) 9
Part 6, division 1-- 10
omit, insert-- 11
`Division 1 Inspectors 12
`Subdivision 1 Appointment of inspectors 13
`111 Appointment and qualifications 14
`(1) The chief executive may appoint a person as an inspector. 15
`(2) However, a person may be appointed as an inspector only if-- 16
(a) the person is-- 17
(i) a public service officer or employee; or 18
(ii) a member of a class of persons prescribed under a 19
regulation; and 20
(b) the chief executive is satisfied the person-- 21
(i) has the necessary expertise or experience to be an 22
inspector; or 23
s 12 22 s 12
Gambling Legislation Amendment Bill 2005
(ii) has satisfactorily finished training approved by the 1
chief executive; and 2
(c) the chief executive is satisfied the person is a suitable 3
person to be an inspector, having regard to-- 4
(i) the person's character; and 5
(ii) the person's current financial position and financial 6
background; and 7
(iii) any other matter the chief executive considers 8
relevant to the person's suitability to be an 9
inspector. 10
`Subdivision 2 Other matters about inspectors 11
`112 Conditions and limit on powers 12
`(1) An inspector holds office on any conditions stated in-- 13
(a) the inspector's instrument of appointment; or 14
(b) a signed notice given to the inspector; or 15
(c) a regulation. 16
`(2) The instrument of appointment, a signed notice given to the 17
inspector or a regulation may limit the inspector's powers 18
under this Act. 19
`(3) In this section-- 20
signed notice means a notice signed by the chief executive. 21
`113 Issue of identity card 22
`(1) The chief executive must issue an identity card to each 23
inspector. 24
`(2) The identity card must-- 25
(a) contain a recent photo of the inspector; and 26
(b) contain a copy of the inspector's signature; and 27
(c) identify the person as an inspector under this Act; and 28
(d) state an expiry date for the card. 29
s 12 23 s 12
Gambling Legislation Amendment Bill 2005
`(3) This section does not prevent the issue of a single identity 1
card to a person for this Act and other purposes. 2
`114 Production or display of identity card 3
`(1) In exercising a power under this Act in relation to a person, an 4
inspector must-- 5
(a) produce the inspector's identity card for the person's 6
inspection before exercising the power; or 7
(b) have the identity card displayed so it is clearly visible to 8
the person when exercising the power. 9
`(2) However, if it is not practicable to comply with subsection (1), 10
the inspector must produce the identity card for the person's 11
inspection at the first reasonable opportunity. 12
`(3) For subsection (1), an inspector does not exercise a power in 13
relation to a person only because the inspector has entered a 14
place as mentioned in section 119(1)(b) or (2). 15
`115 When inspector ceases to hold office 16
`(1) An inspector ceases to hold office if any of the following 17
happens-- 18
(a) the term of office stated in a condition of office ends; 19
(b) under another condition of office, the inspector ceases to 20
hold office; 21
(c) the inspector's resignation under section 116 takes 22
effect. 23
`(2) Subsection (1) does not limit the ways an inspector may cease 24
to hold office. 25
`(3) In this section-- 26
condition of office means a condition on which the inspector 27
holds office. 28
`116 Resignation 29
`An inspector may resign by signed notice given to the chief 30
executive. 31
s 12 24 s 12
Gambling Legislation Amendment Bill 2005
`117 Return of identity card 1
`A person who ceases to be an inspector must return the 2
person's identity card to the chief executive immediately after 3
ceasing to be an inspector unless the person has a reasonable 4
excuse. 5
Maximum penalty--40 penalty units. 6
`Subdivision 3 Audit program and report about 7
criminal history 8
`118 Audit program 9
`(1) The Minister may approve an audit program for investigating 10
inspectors. 11
`(2) The chief executive may investigate an inspector under an 12
approved audit program to help the chief executive decide 13
whether the inspector is a suitable person to be an inspector, 14
having regard to-- 15
(a) the inspector's character; and 16
(b) the inspector's current financial position and financial 17
background; and 18
(c) any other matter the chief executive considers relevant 19
to the person's suitability to be an inspector. 20
`(3) However, the chief executive may investigate an inspector 21
under subsection (2) only once every 2 years, unless the chief 22
executive reasonably suspects the inspector is not a suitable 23
person to be an inspector having regard to the matters 24
mentioned in subsection (2). 25
`(4) The chief executive must ensure the investigation is conducted 26
under the approved audit program. 27
`(5) In this section-- 28
approved audit program means an audit program approved by 29
the Minister under subsection (1). 30
s 13 25 s 14
Gambling Legislation Amendment Bill 2005
`118A Report about criminal history 1
`(1) To help decide whether a person is a suitable person to be an 2
inspector or continue as an inspector, the chief executive may 3
ask the commissioner of the police service for a written report 4
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 7
criminal history of the person. 8
`(3) The duty imposed on the commissioner of the police service 9
applies only to information in the commissioner's possession 10
or to which the commissioner has access.'. 11
Clause 13 Amendment of s 183 (Confidentiality of information) 12
(1) Section 183(3)(a), `another person'-- 13
omit, insert-- 14
`an entity'. 15
(2) Section 183(3)(b), `person'-- 16
omit, insert-- 17
`entity'. 18
(3) Section 183(3)(c), `or person'-- 19
omit, insert-- 20
`, person or other entity'. 21
(4) Section 183(5), from `disclosed' to `taken'-- 22
omit, insert-- 23
`disclosed to an entity or person under an approval given by 24
the chief executive, the entity or person, and any employee or 25
other person under the control of the entity or person, are 26
taken'. 27
Clause 14 Amendment of s 184 (Delegations) 28
(1) Section 184(1)-- 29
omit, insert-- 30
s 15 26 s 15
Gambling Legislation Amendment Bill 2005
`(1) The Minister may delegate the Minister's powers under this 1
Act to-- 2
(a) the chief executive; or 3
(b) an appropriately qualified inspector or an appropriately 4
qualified officer of the department.'. 5
(2) Section 184(3), definition appropriately qualified, `the 6
exercise of'-- 7
omit, insert-- 8
`exercise'. 9
Clause 15 Insertion of new pt 10, div 2 10
After section 195-- 11
insert-- 12
`Division 2 Transitional provisions for 13
Gambling Legislation Amendment 14
Act 2005 15
`196 Definitions for div 2 16
`In this division-- 17
commencement means the day the provision in which the 18
term is used commences. 19
post-amended Act means this Act as in force immediately 20
after the commencement. 21
`197 Inspectors 22
`A person who was an inspector immediately before the 23
commencement is taken to be an inspector appointed under 24
the post-amended Act, section 111. 25
`198 Audit program for inspectors 26
`The program that, immediately before the commencement, 27
was the program approved by the Minister under 28
section 113(1) of this Act as in force before the 29
s 16 27 s 19
Gambling Legislation Amendment Bill 2005
commencement is taken to be the approved audit program 1
under the post-amended Act, section 118.'. 2
Clause 16 Amendment of sch 2 (Dictionary) 3
Schedule 2-- 4
insert-- 5
`commencement, for part 10, division 2, see section 196. 6
post-amended Act, for part 10, division 2, see section 196.'. 7
Part 4 Amendment of Gambling 8
Legislation Amendment Act 9
2004 10
Clause 17 Act amended in pt 4 11
This part amends the Gambling Legislation Amendment Act 12
2004. 13
Clause 18 Amendment of s 5 (Replacement of pt 4, div 5 14
(Suspension and cancellation of casino key employee 15
and casino employee licences) of Act No. 78 of 1982) 16
Section 5, proposed section 44(3)(a), from `system'-- 17
omit, insert-- 18
`approved control system for the casino; and'. 19
Clause 19 Omission of s 6 (Amendment of s 74 (Content of 20
submission) of Act No. 78 of 1982) 21
Section 6-- 22
omit. 23
s 20 28 s 23
Gambling Legislation Amendment Bill 2005
Clause 20 Amendment of s 10 (Insertion of new pt 10, div 1, sdiv 1 1
of Act No. 78 of 1982) 2
Section 10, proposed sections 91O(3) and 91P(4)-- 3
omit. 4
Clause 21 Omission of s 13 (Amendment of s 95 (Copy of direction 5
to chief executive) of Act No. 78 of 1982) 6
Section 13-- 7
omit. 8
Clause 22 Amendment of s 14 (Amendment of s 96 (Duration of 9
direction) of Act No. 78 of 1982) 10
Section 14(2), proposed section 96(2)-- 11
omit, insert-- 12
`(2) If a casino operator or the commissioner of the police service 13
revokes a direction given to a person under section 92 or 94, 14
the casino operator or commissioner must as soon as 15
practicable give the person written notice of the revocation.'. 16
Clause 23 Amendment of s 15 (Replacement of ss 97100 of Act 17
No. 78 of 1982) 18
(1) Section 15, proposed section 99(5)-- 19
omit, insert-- 20
`(5) If the casino operator decides to revoke the direction, the 21
operator must as soon as practicable give the applicant notice 22
of the revocation in the approved form (a revocation notice).'. 23
(2) Section 15, proposed section 100D-- 24
omit, insert-- 25
`100D Report about prohibition under order or direction 26
`(1) A regulation may require a casino operator to give a report to 27
the chief executive about the prohibition of persons from 28
entering or remaining in the casino under a self-exclusion 29
order or an exclusion direction. 30
`(2) The report must be in the approved form. 31
s 24 29 s 25
Gambling Legislation Amendment Bill 2005
`(3) The regulation may prescribe the times, and the way in which, 1
the report is to be given to the chief executive. 2
`(4) The casino operator must comply with the regulation. 3
Maximum penalty--40 penalty units.'. 4
Clause 24 Amendment of s 18 (Amendment of schedule (Dictionary) 5
of Act No. 78 of 1982) 6
Section 18(2), proposed definition revocation notice, 7
paragraph (b), `section 99(5)(a)'-- 8
omit, insert-- 9
`section 99(5)'. 10
Clause 25 Amendment of s 50 (Replacement of s 261 (Licensees to 11
prohibit certain persons from gaming) of Act No. 7 of 12
1991) 13
(1) Section 50, proposed sections 261A(3) and 261B(4)-- 14
omit. 15
(2) Section 50, proposed section 261C(3)-- 16
omit, insert-- 17
`(3) If a licensee decides to give a person an exclusion direction, 18
the direction must be accompanied by an information notice 19
for the decision.'. 20
(3) Section 50, proposed section 261F(5)-- 21
omit, insert-- 22
`(5) If the licensee decides to revoke the direction, the licensee 23
must as soon as practicable give the applicant notice of the 24
revocation in the approved form (a revocation notice).'. 25
(4) Section 50, proposed section 261K-- 26
omit, insert-- 27
`261K Report about prohibition under order or direction 28
`(1) A regulation may require a licensee to give the chief executive 29
a report about the prohibition of persons from entering or 30
remaining in the licensee's licensed premises, or a gaming 31
s 26 30 s 27
Gambling Legislation Amendment Bill 2005
machine area on the licensed premises, under a self-exclusion 1
order or an exclusion direction. 2
`(2) The report must be in the approved form. 3
`(3) The regulation may prescribe the times, and the way in which, 4
the report is to be given to the chief executive. 5
`(4) The licensee must comply with the regulation. 6
Maximum penalty--40 penalty units.'. 7
Clause 26 Amendment of s 60 (Amendment of schedule (Dictionary) 8
of Act No. 7 of 1991) 9
Section 60(2), proposed definition revocation notice, 10
paragraph (b), `section 261F(5)(a)'-- 11
omit, insert-- 12
`section 261F(5)'. 13
Clause 27 Amendment of s 66 (Replacement of s 137 (Prohibition of 14
interactive gambling) of Act No. 14 of 1998) 15
(1) Section 66, proposed sections 137A(3) and 137B(4)-- 16
omit. 17
(2) Section 66, proposed section 137C(3)-- 18
omit, insert-- 19
`(3) If a licensed provider decides to give a person an exclusion 20
direction, the direction must be accompanied by an 21
information notice about the decision.'. 22
(3) Section 66, proposed section 137F(5)-- 23
omit, insert-- 24
`(5) If the licensed provider decides to revoke the direction, the 25
licensed provider must as soon as practicable give the 26
applicant notice of the revocation in the approved form (a 27
revocation notice).'. 28
(4) Section 66, proposed section 137K-- 29
omit, insert-- 30
s 28 31 s 29
Gambling Legislation Amendment Bill 2005
`137K Report about prohibition under order or direction 1
`(1) A regulation may require a licensed provider to give the chief 2
executive a report about the prohibition of persons from 3
participating as players in authorised games conducted by the 4
provider under a self-exclusion order or an exclusion 5
direction. 6
`(2) The report must be in the approved form. 7
`(3) The regulation may prescribe the times, and the way in which, 8
the report is to be given to the chief executive. 9
`(4) The licensed provider must comply with the regulation. 10
Maximum penalty--40 penalty units.'. 11
Clause 28 Amendment of s 73 (Amendment of sch 3 (Dictionary) of 12
Act No. 14 of 1998) 13
Section 73(2), proposed definition revocation notice, 14
paragraph (b), `section 137F(5)(a)'-- 15
omit, insert-- 16
`section 137F(5)'. 17
Clause 29 Amendment of s 80 (Insertion of new pt 8, div 2A of Act 18
No. 47 of 1996) 19
(1) Section 80, proposed sections 154B(3) and 154C(4)-- 20
omit. 21
(2) Section 80, proposed section 154D(3)-- 22
omit, insert-- 23
`(3) If an appointed agent decides to give a person an exclusion 24
direction, the direction must be accompanied by an 25
information notice about the decision.'. 26
(3) Section 80, proposed section 154G(5)-- 27
omit, insert-- 28
`(5) If the appointed agent decides to revoke the direction, the 29
agent must as soon as practicable give the applicant notice of 30
the revocation in the approved form (a revocation notice).'. 31
s 30 32 s 31
Gambling Legislation Amendment Bill 2005
(4) Section 80, proposed section 154L-- 1
omit, insert-- 2
`154L Report about prohibition under order or direction 3
`(1) A regulation may require an appointed agent to give the chief 4
executive a report about the prohibition of persons from 5
taking part in keno gaming at, or entering or remaining in, the 6
agent's approved place of operation under a self-exclusion 7
order or an exclusion direction. 8
`(2) The report must be in the approved form. 9
`(3) The regulation may prescribe the times, and the way in which, 10
the report is to be given to the chief executive. 11
`(4) The appointed agent must comply with the regulation. 12
Maximum penalty--40 penalty units.'. 13
Clause 30 Amendment of s 87 (Amendment of sch 4 (Dictionary) 14
of Act No. 47 of 1996) 15
Section 87(2), proposed definition revocation notice, 16
paragraph (b), `section 154G(5)(a)'-- 17
omit, insert-- 18
`section 154G(5)'. 19
Clause 31 Amendment of s 115 (Insertion of new pt 11, div 2A 20
of Act No. 15 of 1998) 21
(1) Section 115, proposed division 2A, before subdivision 1-- 22
insert-- 23
`Subdivision 1AA Preliminary 24
`216AADefinition for div 3 25
`In this division-- 26
general operator does not include a permit holder.'. 27
(2) Section 115, proposed sections 216B(3) and 216C(4)-- 28
omit. 29
s 32 33 s 32
Gambling Legislation Amendment Bill 2005
(3) Section 115, proposed section 216D(3)-- 1
omit, insert-- 2
`(3) If a general operator decides to give a person an exclusion 3
direction, the direction must be accompanied by an 4
information notice for the decision.'. 5
(4) Section 115, proposed section 216G(5)-- 6
omit, insert-- 7
`(5) If the general operator decides to revoke the direction, the 8
operator must as soon as practicable give the applicant notice 9
of the revocation in the approved form (a revocation notice).'. 10
(5) Section 115, proposed section 216L-- 11
omit, insert-- 12
`216L Report about prohibition under order or direction 13
`(1) A regulation may require a general operator to give the chief 14
executive a report about the prohibition of persons from 15
taking part in approved wagering at, or entering or remaining 16
in, the operator's approved place of operation under a 17
self-exclusion order or an exclusion direction. 18
`(2) The report must be in the approved form. 19
`(3) The regulation may prescribe the times, and the way in which, 20
the report is to be given to the chief executive. 21
`(4) The general operator must comply with the regulation. 22
Maximum penalty--40 penalty units.'. 23
Clause 32 Amendment of s 122 (Amendment of sch 2 (Dictionary) 24
of Act No. 15 of 1998) 25
Section 122(2), proposed definition revocation notice, 26
paragraph (b), `section 216G(5)(a)'-- 27
omit, insert-- 28
`section 216G(5)'. 29
s 33 34 s 35
Gambling Legislation Amendment Bill 2005
Part 5 Amendment of Gaming 1
Machine Act 1991 2
Clause 33 Act amended in pt 5 3
This part amends the Gaming Machine Act 1991. 4
Clause 34 Omission of ss 3947 5
Sections 39 to 47-- 6
omit. 7
Clause 35 Replacement of ss 5052 8
Sections 50 to 52-- 9
omit, insert-- 10
`50 Delegations 11
`(1) The Minister may delegate the Minister's designated powers 12
to-- 13
(a) the chief executive; or 14
(b) an appropriately qualified inspector or an appropriately 15
qualified officer of the department. 16
`(2) The commission may delegate the commission's designated 17
powers to-- 18
(a) the chief executive; or 19
(b) an appropriately qualified inspector or an appropriately 20
qualified officer of the department. 21
`(3) The chief executive may delegate the chief executive's powers 22
under this Act to an appropriately qualified inspector or an 23
appropriately qualified officer of the department. 24
`(4) In this section-- 25
appropriately qualified includes having the qualifications, 26
experience or standing appropriate to exercise the power. 27
28
Example of standing--
29
a person's classification level in the public service
s 36 35 s 37
Gambling Legislation Amendment Bill 2005
designated powers-- 1
(a) of the Minister, means-- 2
(i) the powers of the Minister under sections 135 and 3
211;1 or 4
(ii) the power of the Minister to give a direction for 5
section 151(3)(b);2 and 6
(b) of the commission, means the powers of the commission 7
under this Act, other than sections 97(16) and (17), 98, 8
147 and 336.3'. 9
Clause 36 Amendment of s 53 (Criminal history reports) 10
Section 53(1), `42(1),'-- 11
omit. 12
Clause 37 Insertion of new ss 54B and 54C 13
Part 2, after section 54A-- 14
insert-- 15
`54B Chief executive may make standard 16
`(1) The chief executive may make standards about matters of a 17
technical nature that-- 18
(a) relate to a licensee's gaming operations; and 19
(b) help the licensee conduct the gaming operations in 20
compliance with this Act. 21
`(2) A standard is a statutory instrument within the meaning of the 22
Statutory Instruments Act 1992. 23
1 Sections 135 (Approving audit programs) and 211 (Approving audit programs)
2 Section 151 (Terms of appointment, and role, of administrator)
3 Sections 97 (Cancellation or suspension of gaming machine licences and letters of
censure), 98 (Immediate suspension of gaming machine licence), 147 (Decision of
commission) and 336 (Review and termination of agreements)
s 38 36 s 38
Gambling Legislation Amendment Bill 2005
`54C Notice and availability of standard 1
`(1) The chief executive must, as soon as practicable after making 2
a standard under section 54B(1), give each licensee written 3
notice of the making of the standard. 4
`(2) The notice must include the standard or a brief description of 5
the standard. 6
`(3) If a standard concerns all licensees or a class of licensees, the 7
notice may be included as a part of another publication of the 8
chief executive given to the licensees or members of the class 9
of licensees. 10
`(4) The notice may be given in electronic form. 11
`(5) The chief executive must keep a copy of each standard, as in 12
force from time to time, available for inspection free of charge 13
by members of the public at-- 14
(a) the department's head office; and 15
(b) other places the chief executive considers appropriate. 16
`(6) Also, the chief executive must publish each standard, as in 17
force from time to time, on the department's web site on the 18
internet.'. 19
Clause 38 Amendment of s 56 (Application for gaming machine 20
licences) 21
(1) Section 56(5)-- 22
insert-- 23
`(ka) must be accompanied by-- 24
(i) a statement in the approved form about the 25
compliance program for the licence; and 26
(ii) a compliance program document for the licence; 27
and 28
(kb) for an application by an individual who is not required 29
under this Act to have a nominee for the licensed 30
premises under the licence--must be accompanied by 31
evidence that the chief executive considers on 32
reasonable grounds shows the applicant-- 33
s 39 37 s 39
Gambling Legislation Amendment Bill 2005
(i) has successfully completed an approved training 1
course; or 2
(ii) has made appropriate arrangements to complete an 3
approved training course; and'. 4
(2) Section 56(5)(ja) to (n)-- 5
renumber as section 56(5)(k) to (q). 6
Clause 39 Amendment of s 80A (When gaming machine licence 7
lapses and number of approved gaming machines 8
changes) 9
(1) Section 80A-- 10
insert-- 11
`(4A) If the commission has fixed a later date under subsection (3) 12
for particular licensed premises, and the deferment has not 13
ceased to operate under subsection (5), the commission may 14
fix a date after that date as the relevant date for the premises 15
if-- 16
(a) the licensee-- 17
(i) applies in writing to the commission, for deferment 18
of the relevant date, before the date fixed under 19
subsection (3); and 20
(ii) includes in the application information about the 21
licensee's exceptional circumstances for seeking a 22
deferment under this subsection; and 23
(iii) gives the commission other information and 24
materials for which it reasonably asks to help it 25
decide the application; and 26
(b) the commission is, after considering the application and 27
any information or materials given or requested under 28
paragraph (a)(ii) or (iii), satisfied there are exceptional 29
circumstances for the deferment. 30
31
Examples of exceptional circumstances--
32
1 The commission might consider the fact that the licensee's
33
gaming machine licence is for premises that are a part of a
34
complex development or re-development is an exceptional
35
circumstance for deferment of the relevant date.
s 40 38 s 40
Gambling Legislation Amendment Bill 2005
1
2 The commission might consider the fact that the cumulative
2
effect of things like complex approval processes, abnormal
3
weather patterns or unusual shortages of materials or skilled
4
labour is an exceptional circumstance for deferment of the
5
relevant date.
`(4B) The commission may fix a date under subsection (4A) only if 6
the date is not more than 3 years after the day the gaming 7
machine licence was granted.'. 8
(2) Section 80A(6), definition relevant date, paragraph (b)-- 9
omit, insert-- 10
`(b) for premises for which the commission has fixed a date 11
under subsection (3) but not under subsection (4A)--the 12
date fixed by the commission or an earlier date on which 13
the deferment ceases to operate under subsection (5); or 14
(c) for premises for which the commission has fixed dates 15
under subsections (3) and (4A)--the date fixed by the 16
commission under subsection (4A) or an earlier date on 17
which the deferment ceases to operate under 18
subsection (5).'. 19
Clause 40 Amendment of s 166 (Dealing with submissions) 20
(1) Section 166(3)-- 21
omit, insert-- 22
`(3) In considering the submission, the chief executive may, by 23
written notice given to the licensed supplier, require the 24
supplier to give the chief executive, within a reasonable period 25
stated in the notice, further information that is necessary and 26
reasonable to help the chief executive make a decision about 27
the submission.'. 28
(2) Section 166(6) and (7), `immediately'-- 29
omit, insert-- 30
`as soon as practicable'. 31
s 41 39 s 43
Gambling Legislation Amendment Bill 2005
Clause 41 Amendment of s 196 (Application for gaming nominee's 1
licence by licensed gaming employee) 2
(1) Section 196(2)(d)-- 3
renumber as section 196(2)(e). 4
(2) Section 196(2)-- 5
insert-- 6
`(d) be accompanied by evidence that the chief executive 7
considers on reasonable grounds shows the applicant 8
has successfully completed an approved training course; 9
and'. 10
Clause 42 Amendment of s 198 (Applications for licences under this 11
part) 12
Section 198(4)(h), from `by a notice'-- 13
omit, insert-- 14
`by-- 15
(i) a notice in the approved form from a licensee 16
nominating the applicant to be the licensee's 17
nominee for licensed premises of the licensee; and 18
(ii) evidence that the chief executive considers on 19
reasonable grounds shows the applicant has 20
successfully completed an approved training 21
course; and'. 22
Clause 43 Insertion of new pt 6, div 12 23
Part 6, after section 264-- 24
insert-- 25
`Division 12 Reports about matters relating to 26
compliance with Act 27
`264A Compliance self-assessment 28
`(1) A licensee must, within 7 days after the end of each month, 29
complete a report about matters relating to the licensee's 30
s 43 40 s 43
Gambling Legislation Amendment Bill 2005
compliance with this Act (a compliance self-assessment) for 1
each licensed premises of the licensee. 2
Maximum penalty--200 penalty units. 3
`(2) The compliance self-assessment must-- 4
(a) be in the approved form; and 5
(b) be certified as correct by-- 6
(i) if the licensee is an individual who does not have a 7
nominee for the licensed premises--the licensee; 8
or 9
(ii) otherwise--the licensee's nominee for the licensed 10
premises. 11
`(3) If the licensee is a body corporate, the licensee must ensure 12
the compliance self-assessment is considered by the licensee's 13
management committee or board. 14
Maximum penalty--40 penalty units. 15
`(4) If practicable, the licensee must have the compliance 16
self-assessment considered under subsection (3) at the first 17
meeting of the licensee's management committee or board 18
that happens after the assessment is completed. 19
`264B Keeping compliance self-assessment 20
`A licensee must, for 5 years after completing a compliance 21
self-assessment for licensed premises of the licensee, keep the 22
self-assessment available for inspection by an inspector at the 23
licensed premises. 24
Maximum penalty--100 penalty units. 25
`264C Report about particular activities 26
`(1) A regulation may require a licensee to give a report to the 27
chief executive about activities undertaken by the licensee in 28
relation to the conduct of the licensee's gaming operations to 29
help ensure the gaming operations are conducted in 30
compliance with this Act. 31
`(2) The report must be in the approved form. 32
s 44 41 s 45
Gambling Legislation Amendment Bill 2005
`(3) The regulation may prescribe the times, and the way in which, 1
the report is to be given to the chief executive. 2
`(4) The licensee must comply with the regulation. 3
Maximum penalty--40 penalty units.'. 4
Clause 44 Amendment of s 290 (Gaming prohibited on unprotected 5
devices) 6
(1) Section 290(1), `of the gaming machine is'-- 7
omit, insert-- 8
`and site controller of the gaming machine are'. 9
(2) Section 290(2), after `cabinet', first mention-- 10
insert-- 11
`or site controller of a gaming machine'. 12
(3) Section 290(2), `until the gaming machine'-- 13
omit, insert-- 14
`until the gaming machine or site controller'. 15
(4) Section 290(2), after `cabinet', second mention-- 16
insert-- 17
`or site controller'. 18
Clause 45 Amendment of s 292 (Protection of sensitive areas of 19
gaming equipment) 20
(1) Section 292(1)(a) and (b)-- 21
omit, insert-- 22
`(a) break a seal securing a computer cabinet or site 23
controller of a gaming machine, or gain access to 24
anything within the computer cabinet or site controller; 25
or 26
(b) affix a seal to a computer cabinet or site controller of a 27
gaming machine; or'. 28
(2) Section 292(1)(d)-- 29
omit, insert-- 30
s 46 42 s 47
Gambling Legislation Amendment Bill 2005
`(d) remove, replace or in any way affect or interfere with 1
the operation of a computer cabinet or site controller of 2
a gaming machine, or anything within the computer 3
cabinet or site controller; or'. 4
(3) Section 292(3)-- 5
omit, insert-- 6
`(3) If the licensed repairer breaks a seal securing a computer 7
cabinet or site controller of a gaming machine, the licensed 8
repairer must ensure that the gaming machine is not played, 9
other than for testing purposes, until the computer cabinet or 10
site controller is again secured with a seal approved by the 11
chief executive. 12
Maximum penalty--200 penalty units.'. 13
Clause 46 Insertion of new s 292A 14
After section 292-- 15
insert-- 16
`292A Licensee's obligation about site controller 17
`A licensee must ensure that each site controller of a gaming 18
machine at the licensee's licensed premises-- 19
(a) has a label securely fixed to the site controller clearly 20
identifying it as a site controller; and 21
(b) is installed at the premises in a way that allows an 22
inspector to have unfettered access to the site controller, 23
including the seal and any manufacturer's identification 24
plate or label fixed to the site controller. 25
Maximum penalty--200 penalty units.'. 26
Clause 47 Amendment of s 296 (Weekly money clearances) 27
(1) Section 296, heading, `Weekly'-- 28
omit, insert-- 29
`Periodic'. 30
s 48 43 s 48
Gambling Legislation Amendment Bill 2005
(2) Section 296(1), `at least once in every 7 days'-- 1
omit, insert-- 2
`at least 4 times a month'. 3
(3) Section 296-- 4
insert-- 5
`(1A) The money clearances required to be carried out by a licensee 6
under subsection (1) must be carried out at intervals of not 7
more than 10 days. 8
Maximum penalty--200 penalty units. 9
`(1B) The money clearance carried out by a licensee under 10
section 295(1) in a particular month is taken to be 1 of the 11
money clearances required to be carried out in the month by 12
the licensee under subsection (1).'. 13
(4) Section 296(1A) to (2)-- 14
renumber as section 296(2) to (4). 15
(5) Section 296(4) as renumbered, penalty, `subsection (2)'-- 16
omit, insert-- 17
`subsection (4)'. 18
Clause 48 Amendment of s 308 (Places at which licensee's 19
accounting records to be kept) 20
(1) Section 308, heading-- 21
omit, insert-- 22
`308 Keeping accounting records'. 23
(2) Section 308(2)-- 24
omit, insert-- 25
`(2) A licensee must ensure an accounting record of the licensee is 26
available for inspection by an inspector at the approved place 27
for the keeping of the record for at least 1 year after the end of 28
the transaction to which the record relates. 29
Maximum penalty--100 penalty units. 30
s 49 44 s 49
Gambling Legislation Amendment Bill 2005
`(3) Subsections (1) and (2) do not apply to an exempt accounting 1
record.'. 2
Clause 49 Insertion of new pt 10, div 1, and div 2, hdg 3
Part 10, before section 326-- 4
insert-- 5
`Division 1 Inspectors 6
`Subdivision 1 Appointment of inspectors 7
`325A Appointment and qualifications 8
`(1) The chief executive may appoint a person as an inspector. 9
`(2) However, a person may be appointed as an inspector only if-- 10
(a) the person is-- 11
(i) a public service officer or employee; or 12
(ii) a member of a class of persons prescribed under a 13
regulation; and 14
(b) the chief executive is satisfied the person-- 15
(i) has the necessary expertise or experience to be an 16
inspector; or 17
(ii) has satisfactorily finished training approved by the 18
chief executive; and 19
(c) the chief executive is satisfied the person is a suitable 20
person to be an inspector, having regard to-- 21
(i) the person's character; and 22
(ii) the person's current financial position and financial 23
background; and 24
(iii) any other matter the chief executive considers 25
relevant to the person's suitability to be an 26
inspector. 27
s 49 45 s 49
Gambling Legislation Amendment Bill 2005
`Subdivision 2 Other matters about inspectors 1
`325B Conditions and limit on powers 2
`(1) An inspector holds office on any conditions stated in-- 3
(a) the inspector's instrument of appointment; or 4
(b) a signed notice given to the inspector; or 5
(c) a regulation. 6
`(2) The instrument of appointment, a signed notice given to the 7
inspector or a regulation may limit the inspector's powers 8
under this Act. 9
`(3) In this section-- 10
signed notice means a notice signed by the chief executive. 11
`325C Issue of identity card 12
`(1) The chief executive must issue an identity card to each 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 20
card to a person for this Act and other purposes. 21
`325D Production or display of identity card 22
`(1) In exercising a power under this Act in relation to a person, an 23
inspector must-- 24
(a) produce the inspector's identity card for the person's 25
inspection before exercising the power; or 26
(b) have the identity card displayed so it is clearly visible to 27
the person when exercising the power. 28
s 49 46 s 49
Gambling Legislation Amendment Bill 2005
`(2) However, if it is not practicable to comply with subsection (1), 1
the inspector must produce the identity card for the person's 2
inspection at the first reasonable opportunity. 3
`(3) For subsection (1), an inspector does not exercise a power in 4
relation to a person only because the inspector has entered a 5
public place or the land around premises to ask its occupier 6
for consent to enter the premises. 7
`325E When inspector ceases to hold office 8
`(1) An inspector ceases to hold office if any of the following 9
happens-- 10
(a) the term of office stated in a condition of office ends; 11
(b) under another condition of office, the inspector ceases to 12
hold office; 13
(c) the inspector's resignation under section 325F takes 14
effect. 15
`(2) Subsection (1) does not limit the ways an inspector may cease 16
to hold office. 17
`(3) In this section-- 18
condition of office means a condition on which the inspector 19
holds office. 20
`325F Resignation 21
`An inspector may resign by signed notice given to the chief 22
executive. 23
`325G Return of identity card 24
`A person who ceases to be an inspector must return the 25
person's identity card to the chief executive immediately after 26
ceasing to be an inspector unless the person has a reasonable 27
excuse. 28
Maximum penalty--40 penalty units. 29
s 49 47 s 49
Gambling Legislation Amendment Bill 2005
`Subdivision 3 Audit program and report about 1
criminal history 2
`325H Audit program 3
`(1) The Minister may approve an audit program for investigating 4
inspectors. 5
`(2) The chief executive may investigate an inspector under an 6
approved audit program to help the chief executive decide 7
whether the inspector is a suitable person to be an inspector, 8
having regard to-- 9
(a) the inspector's character; and 10
(b) the inspector's current financial position and financial 11
background; and 12
(c) any other matter the chief executive considers relevant 13
to the person's suitability to be an inspector. 14
`(3) However, the chief executive may investigate an inspector 15
under subsection (2) only once every 2 years, unless the chief 16
executive reasonably suspects the inspector is not a suitable 17
person to be an inspector having regard to the matters 18
mentioned in subsection (2). 19
`(4) The chief executive must ensure the investigation is conducted 20
under the approved audit program. 21
`(5) In this section-- 22
approved audit program means an audit program approved by 23
the Minister under subsection (1). 24
`325I Report about criminal history 25
`(1) To help decide whether a person is a suitable person to be an 26
inspector or continue as an inspector, the chief executive may 27
ask the commissioner of the police service for a written report 28
about the person's criminal history. 29
`(2) If asked by the chief executive, the commissioner of the police 30
service must give the chief executive a written report about the 31
criminal history of the person. 32
s 50 48 s 51
Gambling Legislation Amendment Bill 2005
`(3) The duty imposed on the commissioner of the police service 1
applies only to information in the commissioner's possession 2
or to which the commissioner has access. 3
`Division 2 Directions, powers of inspectors 4
etc.'. 5
Clause 50 Amendment of s 366 (Regulation-making power) 6
(1) Section 366(2), `made for or about'-- 7
omit, insert-- 8
`about the following'. 9
(2) Section 366(2)(f), (s), (t) and (u)-- 10
omit. 11
(3) Section 366(2)(q)-- 12
omit, insert-- 13
`(q) identification of gaming employees and licensed gaming 14
nominees;'. 15
(4) Section 366(2)(g) and (ga)-- 16
renumber as section 366(2)(f) and (g). 17
(5) Section 366(2), `; and'-- 18
omit, insert-- 19
`;'. 20
(6) Section 366-- 21
insert-- 22
`(3) A regulation may impose a penalty of no more than 20 penalty 23
units for contravention of a regulation.'. 24
Clause 51 Insertion of new pt 12, div 10 25
Part 12-- 26
insert-- 27
s 51 49 s 51
Gambling Legislation Amendment Bill 2005
`Division 10 Provisions for Gambling Legislation 1
Amendment Act 2005 2
`435 Definitions for div 10 3
`In this division-- 4
ANTA means the Australian National Training Authority 5
established under the Australian National Training Authority 6
Act 1992 (Cwlth). 7
commencement means the day the provision in which the 8
term is used commences. 9
post-amended Act means this Act as in force immediately 10
after the commencement. 11
`436 Application for gaming machine licence 12
`(1) This section applies to an application for a gaming machine 13
licence given to the chief executive, and not decided under 14
section 58,4 before the commencement. 15
`(2) To help the commission decide the application, the applicant 16
must give to the commission-- 17
(a) a statement in the approved form about the applicant's 18
compliance program for the licence; and 19
(b) a compliance program document for the licence. 20
`(3) If-- 21
(a) the commission grants the application; and 22
(b) the licensee is an individual who is not required under 23
this Act to have a nominee for the licensed premises 24
under the licence; 25
the licensee must, before 31 December 2005, give the chief 26
executive evidence that the chief executive considers on 27
reasonable grounds shows the licensee has successfully 28
completed an approved training course. 29
4 Section 58 (Decision on application for gaming machine licence)
s 51 50 s 51
Gambling Legislation Amendment Bill 2005
`437 Application for gaming nominee's licence 1
`(1) This section applies to an application for a gaming nominee's 2
licence given to the chief executive, and not decided under 3
part 5, before the commencement. 4
`(2) If the chief executive grants the application, the holder of the 5
gaming nominee's licence must, before 31 December 2005, 6
give the chief executive evidence that the chief executive 7
considers on reasonable grounds shows the holder has 8
successfully completed an approved training course. 9
`438 Obligation of licensee 10
`(1) This section applies to an individual who-- 11
(a) was a licensee immediately before the commencement; 12
and 13
(b) is not required under this Act to have a nominee for the 14
licensed premises under the licence. 15
`(2) The licensee must, before 31 December 2005, give the chief 16
executive evidence that the chief executive considers on 17
reasonable grounds shows the licensee has successfully 18
completed an approved training course. 19
`(3) However, subsection (2) does not apply to the licensee if-- 20
(a) for at least 1 year immediately before the 21
commencement, the licensee held a gaming machine 22
licence; and 23
(b) before 31 December 2005, the licensee gives the chief 24
executive evidence that the chief executive considers on 25
reasonable grounds shows the licensee has, within 26
3 years before the commencement, successfully 27
completed each of the following units of competency 28
from the Hospitality (THH02) training package 29
endorsed by ANTA-- 30
(i) THHADG01B (Analyse and report on gaming 31
machine data); 32
(ii) THHADG02A (Develop and manage gaming 33
activities); 34
(iii) THHADG03B (Provide responsible gambling 35
s 51 51 s 51
Gambling Legislation Amendment Bill 2005
services); 1
(iv) THHBG01B (Attend gaming machines). 2
`439 Obligation of licensed gaming nominee 3
`(1) This section applies to a person who was the holder of a 4
gaming nominee's licence in force under this Act immediately 5
before the commencement. 6
`(2) The holder must, before 31 December 2005, give the chief 7
executive evidence that the chief executive considers on 8
reasonable grounds shows the holder has successfully 9
completed an approved training course. 10
`(3) However, subsection (2) does not apply to the holder if-- 11
(a) for at least 1 year immediately before the 12
commencement, the holder-- 13
(i) was a licensed gaming nominee; and 14
(ii) was employed as a nominee of a licensee for 15
licensed premises; and 16
(b) before 31 December 2005, the holder gives the chief 17
executive evidence that the chief executive considers on 18
reasonable grounds shows the holder has, within 3 years 19
before the commencement, successfully completed each 20
of the following units of competency from the 21
Hospitality (THH02) training package endorsed by 22
ANTA-- 23
(i) THHADG01B (Analyse and report on gaming 24
machine data); 25
(ii) THHADG02A (Develop and manage gaming 26
activities); 27
(iii) THHADG03B (Provide responsible gambling 28
services); 29
(iv) THHBG01B (Attend gaming machines). 30
s 52 52 s 52
Gambling Legislation Amendment Bill 2005
`440 Inspectors 1
`A person who was an inspector immediately before the 2
commencement is taken to be an inspector appointed under 3
the post-amended Act, section 325A. 4
`441 Audit program for inspectors 5
`The program that was the inspectors audit program under this 6
Act immediately before the commencement is taken to be the 7
approved audit program under the post-amended Act, 8
section 325H.'. 9
Clause 52 Amendment of schedule (Dictionary) 10
(1) Schedule, definitions appropriately qualified and inspectors 11
audit program-- 12
omit. 13
(2) Schedule-- 14
insert-- 15
`ANTA, for part 12, division 10, see section 435. 16
approved training course means a course of study, approved 17
by the chief executive, about the conduct of gaming. 18
article, for part 10, division 2, see section 326. 19
commencement-- 20
(a) for part 12, division 7--see section 404; and 21
(b) for part 12, division 8--see section 408; and 22
(c) for part 12, division 9--see section 428; and 23
(d) for part 12, division 10--see section 435. 24
compliance program, for a gaming machine licence, means a 25
system of procedures and practices that-- 26
(a) relates to the licensee's gaming operations; and 27
(b) is used by the licensee-- 28
(i) to ensure the licensee complies with this Act; and 29
(ii) to monitor the licensee's compliance. 30
s 53 53 s 54
Gambling Legislation Amendment Bill 2005
compliance program document, for a gaming machine 1
licence, means a document describing the compliance 2
program for the licence. 3
compliance self-assessment see section 264A(1). 4
post-amended Act, for part 12, division 10, see section 435. 5
records, for part 10, division 2, see section 326. 6
site controller, of a gaming machine, means an electronic 7
device that, as a part of an electronic monitoring system, 8
receives data directly from the gaming machine for the 9
purpose of monitoring and controlling the operation of the 10
gaming machine.'. 11
Part 6 Amendment of Interactive 12
Gambling (Player Protection) 13
Act 1998 14
Clause 53 Act amended in pt 6 15
This part amends the Interactive Gambling (Player 16
Protection) Act 1998. 17
Clause 54 Amendment of s 130 (Consideration of, and decisions 18
about, submissions) 19
(1) Section 130, heading-- 20
omit, insert-- 21
`130 Dealing with submissions'. 22
(2) Section 130(3)(a), `further information about the 23
submission'-- 24
omit, insert-- 25
`, within a reasonable period stated in the notice, further 26
information'. 27
s 55 54 s 55
Gambling Legislation Amendment Bill 2005
(3) Section 130(4), `the following issues'-- 1
omit. 2
(4) Section 130(4)(a), after `submission;'-- 3
insert-- 4
`and'. 5
(5) Section 130(6) and (7)-- 6
omit, insert-- 7
`(6) If the chief executive approves the proposed control system, 8
or proposed change of the approved control system, the chief 9
executive must as soon as practicable give the licensed 10
provider written notice of the decision. 11
`(7) If the chief executive refuses to approve the proposed control 12
system, or proposed change of the approved control system, 13
the chief executive must as soon as practicable give the 14
licensed provider a written notice that-- 15
(a) states the decision and the reasons for the decision; and 16
(b) if the chief executive believes the submission can easily 17
be changed to enable the chief executive to give an 18
approval-- 19
(i) explains how the submission can be changed; and 20
(ii) invites the licensed provider to resubmit the 21
submission after making the appropriate changes.'. 22
Clause 55 Replacement of ss 186194 23
Sections 186 to 194-- 24
omit, insert-- 25
`Subdivision 2 Appointment of inspectors 26
`186 Appointment and qualifications 27
`(1) The chief executive may appoint a person as an inspector. 28
`(2) However, a person may be appointed as an inspector only if-- 29
(a) the person is-- 30
s 55 55 s 55
Gambling Legislation Amendment Bill 2005
(i) a public service officer or employee; or 1
(ii) a member of a class of persons prescribed under a 2
regulation; and 3
(b) the chief executive is satisfied the person-- 4
(i) has the necessary expertise or experience to be an 5
inspector; or 6
(ii) has satisfactorily finished training approved by the 7
chief executive; and 8
(c) the chief executive is satisfied the person is a suitable 9
person to be an inspector, having regard to-- 10
(i) the person's character; and 11
(ii) the person's current financial position and financial 12
background; and 13
(iii) any other matter the chief executive considers 14
relevant to the person's suitability to be an 15
inspector. 16
`Subdivision 3 Other matters about inspectors 17
`187 Conditions and limit on powers 18
`(1) An inspector holds office on any conditions stated in-- 19
(a) for an appointed inspector--the inspector's instrument 20
of appointment; or 21
(b) for a person who is an external inspector--the chief 22
executive's authorisation for the person to act as an 23
inspector under this Act; or 24
(c) a signed notice given to the inspector; or 25
(d) a regulation. 26
`(2) The instrument of appointment, authorisation, a signed notice 27
given to the inspector or a regulation may limit the inspector's 28
powers under this Act. 29
`(3) In this section-- 30
signed notice means a notice signed by the chief executive. 31
s 55 56 s 55
Gambling Legislation Amendment Bill 2005
`188 Issue of identity card 1
`(1) The chief executive must issue an identity card to each 2
inspector. 3
`(2) The identity card must-- 4
(a) contain a recent photo of the inspector; and 5
(b) contain a copy of the inspector's signature; and 6
(c) identify the person as an inspector under this Act; and 7
(d) state an expiry date for the card. 8
`(3) This section does not prevent the issue of a single identity 9
card to a person for this Act and other purposes. 10
`189 Production or display of identity card 11
`(1) In exercising a power under this Act in relation to a person, an 12
inspector must-- 13
(a) produce the inspector's identity card for the person's 14
inspection before exercising the power; or 15
(b) have the identity card displayed so it is clearly visible to 16
the person when exercising the power. 17
`(2) However, if it is not practicable to comply with subsection (1), 18
the inspector must produce the identity card for the person's 19
inspection at the first reasonable opportunity. 20
`(3) For subsection (1), an inspector does not exercise a power in 21
relation to a person only because the inspector has entered a 22
place as mentioned in section 196(a) or (d). 23
`190 When appointed inspector ceases to hold office 24
`(1) An appointed inspector ceases to hold office if any of the 25
following happens-- 26
(a) the term of office stated in a condition of office ends; 27
(b) under another condition of office, the inspector ceases to 28
hold office; 29
(c) the inspector's resignation under section 191 takes 30
effect. 31
s 55 57 s 55
Gambling Legislation Amendment Bill 2005
`(2) Subsection (1) does not limit the ways an appointed inspector 1
may cease to hold office. 2
`(3) In this section-- 3
condition of office means a condition on which the appointed 4
inspector holds office. 5
`191 Resignation 6
`An appointed inspector may resign by signed notice given to 7
the chief executive. 8
`192 Return of identity card 9
`A person who ceases to be an inspector must return the 10
person's identity card to the chief executive immediately after 11
ceasing to be an inspector unless the person has a reasonable 12
excuse. 13
Maximum penalty--40 penalty units. 14
`Subdivision 4 Audit program and report about 15
criminal history 16
`193 Audit program 17
`(1) The Minister may approve an audit program for investigating 18
appointed inspectors. 19
`(2) The chief executive may investigate an appointed inspector 20
under an approved audit program to help the chief executive 21
decide whether the inspector is a suitable person to be an 22
inspector, having regard to-- 23
(a) the inspector's character; and 24
(b) the inspector's current financial position and financial 25
background; and 26
(c) any other matter the chief executive considers relevant 27
to the person's suitability to be an inspector. 28
`(3) However, the chief executive may investigate an appointed 29
inspector under subsection (2) only once every 2 years, unless 30
s 56 58 s 56
Gambling Legislation Amendment Bill 2005
the chief executive reasonably suspects the inspector is not a 1
suitable person to be an inspector having regard to the matters 2
mentioned in subsection (2). 3
`(4) The chief executive must ensure the investigation is conducted 4
under the approved audit program. 5
`(5) In this section-- 6
approved audit program means an audit program approved by 7
the Minister under subsection (1). 8
`194 Report about criminal history 9
`(1) To help decide whether a person is a suitable person to be an 10
appointed inspector or continue as an appointed inspector, the 11
chief executive may ask the commissioner of the police 12
service for a written report about the person's criminal history. 13
`(2) If asked by the chief executive, the commissioner of the police 14
service must give the chief executive a written report about the 15
criminal history of the person. 16
`(3) The duty imposed on the commissioner of the police service 17
applies only to information in the commissioner's possession 18
or to which the commissioner has access.'. 19
Clause 56 Replacement of s 261 (Delegations) 20
Section 261-- 21
omit, insert-- 22
`261 Delegations 23
`(1) The Minister may delegate the Minister's powers under this 24
Act to-- 25
(a) the chief executive; or 26
(b) an appropriately qualified appointed inspector or an 27
appropriately qualified officer of the department. 28
`(2) The chief executive may delegate the chief executive's powers 29
under this Act to-- 30
(a) an appropriately qualified appointed inspector; or 31
(b) an appropriately qualified officer of the department. 32
s 57 59 s 57
Gambling Legislation Amendment Bill 2005
`(3) In this section-- 1
appropriately qualified includes having the qualifications, 2
experience or standing appropriate to exercise the power. 3
4
Example of standing--
5
a person's classification level in the public service'.
Clause 57 Insertion of new pt 12, div 2 6
Before schedule 1-- 7
insert-- 8
`Division 2 Transitional provisions for 9
Gambling Legislation Amendment 10
Act 2005 11
`268 Definitions for div 2 12
`In this division-- 13
commencement means the day the provision in which the 14
term is used commences. 15
post-amended Act means this Act as in force immediately 16
after the commencement. 17
`269 Inspectors 18
`A person who, immediately before the commencement, held 19
an appointment as an inspector under part 8, division 1, of this 20
Act as in force before the commencement is taken to be an 21
inspector appointed under the post-amended Act, section 186. 22
`270 Audit program for inspectors 23
`The audit program that, immediately before the 24
commencement, was the audit program approved by the 25
Minister under section 188(1) of this Act as in force before the 26
commencement is taken to be the approved audit program 27
under the post-amended Act, section 193.'. 28
s 58 60 s 60
Gambling Legislation Amendment Bill 2005
Clause 58 Amendment of sch 3 (Dictionary) 1
Schedule 3-- 2
insert-- 3
`appointed inspector see section 185(a). 4
commencement-- 5
(a) for part 12, division 1--see section 264; and 6
(b) for part 12, division 2--see section 268. 7
external inspector see section 185(b). 8
post-amended Act, for part 12, division 2, see section 268.'. 9
Part 7 Amendment of Keno Act 1996 10
Clause 59 Act amended in pt 7 11
This part amends the Keno Act 1996. 12
Clause 60 Amendment of s 120 (Consideration of, and decisions 13
about, submissions) 14
(1) Section 120, heading-- 15
omit, insert-- 16
`120 Dealing with submissions'. 17
(2) Section 120(3), `further information about the submission'-- 18
omit, insert-- 19
`, within a reasonable period stated in the notice, further 20
information'. 21
(3) Section 120(4), `the following issues'-- 22
omit. 23
(4) Section 120(4)(a), after `submission;'-- 24
insert-- 25
`and'. 26
s 61 61 s 63
Gambling Legislation Amendment Bill 2005
(5) Section 120(6) and (7)-- 1
omit, insert-- 2
`(6) If the chief executive approves the proposed control system, 3
or proposed change of the approved control system, the chief 4
executive must as soon as practicable give the keno licensee 5
written notice of the decision. 6
`(7) If the chief executive refuses to approve the proposed control 7
system, or proposed change of the approved control system, 8
the chief executive must as soon as practicable give the keno 9
licensee a written notice that-- 10
(a) states the decision and the reasons for the decision; and 11
(b) if the chief executive believes the submission can easily 12
be changed to enable the chief executive to give an 13
approval-- 14
(i) explains how the submission can be changed; and 15
(ii) invites the licensee to resubmit the submission 16
after making the appropriate changes.'. 17
Clause 61 Amendment of s 167 (Appointment and qualifications) 18
Section 167(2)(c)-- 19
insert-- 20
`(iii) any other matter the chief executive considers 21
relevant to the person's suitability to be an 22
inspector.'. 23
Clause 62 Omission of pt 9, div 1, sdiv 2 (Other inspectors) 24
Part 9, division 1, subdivision 2-- 25
omit. 26
Clause 63 Omission of s 171 (Identity card for inspector under 27
gaming Act) 28
Section 171-- 29
omit. 30
s 64 62 s 66
Gambling Legislation Amendment Bill 2005
Clause 64 Amendment of s 171B (When inspector ceases to hold 1
office) 2
(1) Section 171B(1)(a) and (b)-- 3
omit, insert-- 4
`(a) the term of office stated in a condition of office ends; 5
(b) under another condition of office, the inspector ceases to 6
hold office; 7
(c) the inspector's resignation under section 171A takes 8
effect.'. 9
(2) Section 171B(3), definition condition of office, `appointed'-- 10
omit. 11
Clause 65 Amendment of s 171D (Return of identity card) 12
Section 171D, from `appointed' to `days'-- 13
omit, insert-- 14
`inspector must return the person's identity card to the chief 15
executive immediately'. 16
Clause 66 Amendment of s 171E (Audit program) 17
(1) Section 171E(1), (2) and (3), `appointed'-- 18
omit. 19
(2) Section 171E(2)-- 20
insert-- 21
`(c) any other matter the chief executive considers relevant 22
to the person's suitability to be an inspector.'. 23
(3) Section 171E(3), after `years'-- 24
insert-- 25
`, unless the chief executive reasonably suspects the inspector 26
is not a suitable person to be an inspector having regard to the 27
matters mentioned in subsection (2)'. 28
s 67 63 s 69
Gambling Legislation Amendment Bill 2005
Clause 67 Amendment of s 241 (Delegations) 1
Section 241(1)-- 2
omit, insert-- 3
`(1) The Minister may delegate the Minister's powers under this 4
Act to-- 5
(a) the chief executive; or 6
(b) an appropriately qualified inspector or an appropriately 7
qualified officer of the department.'. 8
Clause 68 Amendment of s 243 (Regulation-making power) 9
Section 243-- 10
insert-- 11
`(2) A regulation may-- 12
(a) be about fees; or 13
(b) impose a penalty of no more than 20 penalty units for 14
contravention of a regulation.'. 15
Clause 69 Amendment of sch 4 (Dictionary) 16
(1) Schedule 4, definitions appointed inspector and inspector-- 17
omit. 18
(2) Schedule 4-- 19
insert-- 20
`inspector means a person who is an inspector under this 21
Act.'. 22
s 70 64 s 71
Gambling Legislation Amendment Bill 2005
Part 8 Amendment of Lotteries Act 1
1997 2
Clause 70 Act amended in pt 8 3
This part amends the Lotteries Act 1997. 4
Clause 71 Amendment of s 103 (Consideration of, and decisions 5
about, submissions) 6
(1) Section 103, heading-- 7
omit, insert-- 8
`103 Dealing with submissions'. 9
(2) Section 103(3), `further information about the submission'-- 10
omit, insert-- 11
`, within a reasonable period stated in the notice, further 12
information'. 13
(3) Section 103(4), `the following issues'-- 14
omit. 15
(4) Section 103(4)(a), after `submission;'-- 16
insert-- 17
`and'. 18
(5) Section 103(6) and (7)-- 19
omit, insert-- 20
`(6) If the chief executive approves the proposed control system, 21
or proposed change of the approved control system, the chief 22
executive must as soon as practicable give the lottery licensee 23
written notice of the decision. 24
`(7) If the chief executive refuses to approve the proposed control 25
system, or proposed change of the approved control system, 26
the chief executive must as soon as practicable give the lottery 27
licensee a written notice that-- 28
(a) states the decision and the reasons for the decision; and 29
s 72 65 s 75
Gambling Legislation Amendment Bill 2005
(b) if the chief executive believes the submission can easily 1
be changed to enable the chief executive to give an 2
approval-- 3
(i) explains how the submission can be changed; and 4
(ii) invites the licensee to resubmit the submission 5
after making the appropriate changes.'. 6
Clause 72 Amendment of s 153 (Appointment and qualifications) 7
Section 153(2)(c)-- 8
insert-- 9
`(iii) any other matter the chief executive considers 10
relevant to the person's suitability to be an 11
inspector.'. 12
Clause 73 Omission of pt 8, div 1, sdiv 2 (Other inspectors) 13
Part 8, division 1, subdivision 2-- 14
omit. 15
Clause 74 Omission of s 157 (Identity card for inspector under 16
gaming Act) 17
Section 157-- 18
omit. 19
Clause 75 Amendment of s 157B (When inspector ceases to hold 20
office) 21
Section 157B(1)(a) and (b)-- 22
omit, insert-- 23
`(a) the term of office stated in a condition of office ends; 24
(b) under another condition of office, the inspector ceases to 25
hold office; 26
(c) the inspector's resignation under section 157A takes 27
effect.'. 28
s 76 66 s 78
Gambling Legislation Amendment Bill 2005
Clause 76 Amendment of s 157D (Return of identity card) 1
Section 157D, from `appointed' to `days'-- 2
omit, insert-- 3
`inspector must return the person's identity card to the chief 4
executive immediately'. 5
Clause 77 Amendment of s 157E (Audit program) 6
(1) Section 157E(1), (2) and (3), `appointed'-- 7
omit. 8
(2) Section 157E(2)-- 9
insert-- 10
`(c) any other matter the chief executive considers relevant 11
to the person's suitability to be an inspector.'. 12
(3) Section 157E(3), after `years'-- 13
insert-- 14
`, unless the chief executive reasonably suspects the inspector 15
is not a suitable person to be an inspector having regard to the 16
matters mentioned in subsection (2)'. 17
Clause 78 Amendment of s 226 (Delegations) 18
(1) Section 226(1)-- 19
omit, insert-- 20
`(1) The Minister may delegate the Minister's powers under this 21
Act to-- 22
(a) the chief executive; or 23
(b) an appropriately qualified inspector or an appropriately 24
qualified officer of the department.'. 25
(2) Section 226(3), definition appropriately qualified, `the 26
exercise of'-- 27
omit, insert-- 28
`exercise'. 29
s 79 67 s 82
Gambling Legislation Amendment Bill 2005
Clause 79 Amendment of s 228 (Regulation-making power) 1
Section 228-- 2
insert-- 3
`(2) A regulation may-- 4
(a) be about fees; or 5
(b) impose a penalty of no more than 20 penalty units for 6
contravention of a regulation.'. 7
Clause 80 Amendment of sch 3 (Dictionary) 8
(1) Schedule 3, definitions appointed inspector and inspector-- 9
omit. 10
(2) Schedule 3-- 11
insert-- 12
`inspector means a person who is an inspector under this 13
Act.'. 14
Part 9 Amendment of Wagering Act 15
1998 16
Clause 81 Act amended in pt 9 17
This part amends the Wagering Act 1998. 18
Clause 82 Amendment of s 176 (Dealing with submissions) 19
(1) Section 176(3), `further information about the submission'-- 20
omit, insert-- 21
`, within a reasonable period stated in the notice, further 22
information'. 23
(2) Section 176(4), `the following issues'-- 24
omit. 25
s 83 68 s 83
Gambling Legislation Amendment Bill 2005
(3) Section 176(4)(a), after `submission;'-- 1
insert-- 2
`and'. 3
(4) Section 176(6) and (7)-- 4
omit, insert-- 5
`(6) If the chief executive approves the proposed control system, 6
or proposed change of the approved control system, the chief 7
executive must as soon as practicable give the authority 8
operator written notice of the decision. 9
`(7) If the chief executive refuses to approve the proposed control 10
system, or proposed change of the approved control system, 11
the chief executive must as soon as practicable give the 12
authority operator a written notice that-- 13
(a) states the decision and the reasons for the decision; and 14
(b) if the chief executive believes the submission can easily 15
be changed to enable the chief executive to give an 16
approval-- 17
(i) explains how the submission can be changed; and 18
(ii) invites the authority operator to resubmit the 19
submission after making the appropriate changes.'. 20
Clause 83 Replacement of pt 12, div 1 (Inspectors) 21
Part 12, division 1-- 22
omit, insert-- 23
`Division 1 Inspectors 24
`Subdivision 1 Appointment of inspectors 25
`229 Appointment and qualifications 26
`(1) The chief executive may appoint a person as an inspector. 27
`(2) However, a person may be appointed as an inspector only if-- 28
(a) the person is-- 29
s 83 69 s 83
Gambling Legislation Amendment Bill 2005
(i) a public service officer or employee; or 1
(ii) a member of a class of persons prescribed under a 2
regulation; and 3
(b) the chief executive is satisfied the person-- 4
(i) has the necessary expertise or experience to be an 5
inspector; or 6
(ii) has satisfactorily finished training approved by the 7
chief executive; and 8
(c) the chief executive is satisfied the person is a suitable 9
person to be an inspector, having regard to-- 10
(i) the person's character; and 11
(ii) the person's current financial position and financial 12
background; and 13
(iii) any other matter the chief executive considers 14
relevant to the person's suitability to be an 15
inspector. 16
`Subdivision 2 Other matters about inspectors 17
`230 Conditions and limit on powers 18
`(1) An inspector holds office on any conditions stated in-- 19
(a) the inspector's instrument of appointment; or 20
(b) a signed notice given to the inspector; or 21
(c) a regulation. 22
`(2) The instrument of appointment, a signed notice given to the 23
inspector or a regulation may limit the inspector's powers 24
under this Act. 25
`(3) In this section-- 26
signed notice means a notice signed by the chief executive. 27
s 83 70 s 83
Gambling Legislation Amendment Bill 2005
`231 Issue of identity card 1
`(1) The chief executive must issue an identity card to each 2
inspector. 3
`(2) The identity card must-- 4
(a) contain a recent photo of the inspector; and 5
(b) contain a copy of the inspector's signature; and 6
(c) identify the person as an inspector under this Act; and 7
(d) state an expiry date for the card. 8
`(3) This section does not prevent the issue of a single identity 9
card to a person for this Act and other purposes. 10
`232 Production or display of identity card 11
`(1) In exercising a power under this Act in relation to a person, an 12
inspector must-- 13
(a) produce the inspector's identity card for the person's 14
inspection before exercising the power; or 15
(b) have the identity card displayed so it is clearly visible to 16
the person when exercising the power. 17
`(2) However, if it is not practicable to comply with subsection (1), 18
the inspector must produce the identity card for the person's 19
inspection at the first reasonable opportunity. 20
`(3) For subsection (1), an inspector does not exercise a power in 21
relation to a person only because the inspector has entered a 22
place as mentioned in section 238(a) or (d). 23
`233 When inspector ceases to hold office 24
`(1) An inspector ceases to hold office if any of the following 25
happens-- 26
(a) the term of office stated in a condition of office ends; 27
(b) under another condition of office, the inspector ceases to 28
hold office; 29
(c) the inspector's resignation under section 234 takes 30
effect. 31
s 83 71 s 83
Gambling Legislation Amendment Bill 2005
`(2) Subsection (1) does not limit the ways an inspector may cease 1
to hold office. 2
`(3) In this section-- 3
condition of office means a condition on which the inspector 4
holds office. 5
`234 Resignation 6
`An inspector may resign by signed notice given to the chief 7
executive. 8
`235 Return of identity card 9
`A person who ceases to be an inspector must return the 10
person's identity card to the chief executive immediately after 11
ceasing to be an inspector unless the person has a reasonable 12
excuse. 13
Maximum penalty--40 penalty units. 14
`Subdivision 3 Audit program and report about 15
criminal history 16
`236 Audit program 17
`(1) The Minister may approve an audit program for investigating 18
inspectors. 19
`(2) The chief executive may investigate an inspector under an 20
approved audit program to help the chief executive decide 21
whether the inspector is a suitable person to be an inspector, 22
having regard to-- 23
(a) the inspector's character; and 24
(b) the inspector's current financial position and financial 25
background; and 26
(c) any other matter the chief executive considers relevant 27
to the person's suitability to be an inspector. 28
`(3) However, the chief executive may investigate an inspector 29
under subsection (2) only once every 2 years, unless the chief 30
s 84 72 s 84
Gambling Legislation Amendment Bill 2005
executive reasonably suspects the inspector is not a suitable 1
person to be an inspector having regard to the matters 2
mentioned in subsection (2). 3
`(4) The chief executive must ensure the investigation is conducted 4
under the approved audit program. 5
`(5) In this section-- 6
approved audit program means an audit program approved by 7
the Minister under subsection (1). 8
`237 Report about criminal history 9
`(1) To help decide whether a person is a suitable person to be an 10
inspector or continue as an inspector, the chief executive may 11
ask the commissioner of the police service for a written report 12
about the person's criminal history. 13
`(2) If asked by the chief executive, the commissioner of the police 14
service must give the chief executive a written report about the 15
criminal history of the person. 16
`(3) The duty imposed on the commissioner of the police service 17
applies only to information in the commissioner's possession 18
or to which the commissioner has access.'. 19
Clause 84 Amendment of s 309 (Delegations) 20
(1) Section 309(1)-- 21
omit, insert-- 22
`(1) The Minister may delegate the Minister's powers under this 23
Act, other than part 14, division 2, to-- 24
(a) the chief executive; or 25
(b) an appropriately qualified inspector or an appropriately 26
qualified officer of the department.'. 27
(2) Section 309(3), definition appropriately qualified, `the 28
exercise of'-- 29
omit, insert-- 30
`exercise'. 31
s 85 73 s 86
Gambling Legislation Amendment Bill 2005
Clause 85 Amendment of s 312 (Regulation-making power) 1
Section 312-- 2
insert-- 3
`(2) A regulation may-- 4
(a) be about fees; or 5
(b) impose a penalty of no more than 20 penalty units for 6
contravention of a regulation.'. 7
Clause 86 Insertion of new pt 17, div 3 8
Part 17-- 9
insert-- 10
`Division 3 Transitional provisions for 11
Gambling Legislation Amendment 12
Act 2005 13
`336 Definitions for div 3 14
`In this division-- 15
commencement means the day the provision in which the 16
term is used commences. 17
post-amended Act means this Act as in force immediately 18
after the commencement. 19
`337 Inspectors 20
`A person who was an inspector immediately before the 21
commencement is taken to be an inspector appointed under 22
the post-amended Act, section 229. 23
`338 Audit program for inspectors 24
`The audit program that, immediately before the 25
commencement, was the audit program approved by the 26
Minister under section 231(1) of this Act as in force before the 27
commencement is taken to be the approved audit program 28
under the post-amended Act, section 236.'. 29
s 87 74 s 88
Gambling Legislation Amendment Bill 2005
Clause 87 Amendment of sch 2 (Dictionary) 1
(1) Schedule 2, definition general operator-- 2
omit. 3
(2) Schedule 2-- 4
insert-- 5
`commencement-- 6
(a) for part 17, division 2--see section 330; and 7
(b) for part 17, division 3--see section 336. 8
general operator means-- 9
(a) for part 11, division 3, see section 216AA; or 10
(b) otherwise-- 11
(i) an authority operator; or 12
(ii) a wagering agent. 13
post-amended Act, for part 17, division 3, see section 336.'. 14
Part 10 Amendment of Acts 15
Clause 88 Minor amendments 16
The schedule amends the Acts mentioned in it. 17
75
Gambling Legislation Amendment Bill 2005
Schedule Minor amendments 1
section 88 2
Casino Control Act 1982 3
1 Section 15(1)(b) and (2), after `or'-- 4
insert-- 5
`an'. 6
2 Part 9, heading-- 7
omit, insert-- 8
`Part 9 Investigation and enforcement'. 9
3 Section 88(1)(a), and 89(b) and (d), `part'-- 10
omit, insert-- 11
`division'. 12
4 Section 91E(2), `(1)(b)'-- 13
omit, insert-- 14
`(1)(a)'. 15
Charitable and Non-Profit Gaming Act 1999 16
1 Section 179(2), `(1)(b)'-- 17
omit, insert-- 18
`(1)(a)'. 19
76
Gambling Legislation Amendment Bill 2005
Schedule (continued)
2 Section 186(2)(a), `made'-- 1
omit. 2
3 Part 10, division 1, heading-- 3
omit, insert-- 4
`Division 1 Transitional provisions and repeal 5
provision for Act No. 26 of 1999 6
Subdivision 1 Preliminary'. 7
4 Section 187, heading, `pt 10'-- 8
omit, insert-- 9
`div 1'. 10
5 Section 187, `part'-- 11
omit, insert-- 12
`division'. 13
6 Part 10, division 2, heading, `Division'-- 14
omit, insert-- 15
`Subdivision'. 16
7 Part 10, division 3, heading, `Division'-- 17
omit, insert-- 18
`Subdivision'. 19
77
Gambling Legislation Amendment Bill 2005
Schedule (continued)
8 Schedule 2, definition approved audit program, before 1
`means'-- 2
insert-- 3
`, for part 4, division 5,'. 4
Gambling Legislation Amendment Act 2004 5
(Amendment of Casino Control Act 1982) 6
1 Section 18(2), proposed definition commencement-- 7
omit. 8
Gambling Legislation Amendment Act 2004 9
(Amendment of Gaming Machine Act 1991) 10
2 Section 60(2), proposed definition commencement-- 11
omit. 12
Gambling Legislation Amendment Act 2004 13
(Amendments of Interactive Gambling (Player 14
Protection) Act 1998) 15
3 Section 71, proposed part 12, heading-- 16
omit, insert-- 17
78
Gambling Legislation Amendment Bill 2005
Schedule (continued)
`Part 12 Transitional provisions 1
`Division 1 Transitional provisions for 2
Gambling Legislation Amendment 3
Act 2004'. 4
4 Section 71, proposed section 264, heading, `pt 12'-- 5
omit, insert-- 6
`div 1'. 7
5 Section 71, proposed section 264, `part', first and second 8
mention-- 9
omit, insert-- 10
`division'. 11
6 Section 73(2), proposed definition commencement-- 12
omit. 13
7 Section 73(2), proposed definition pre-amended Act, 14
before `see'-- 15
insert-- 16
`division 1,'. 17
Gambling Legislation Amendment Act 2004 18
(Amendment of Wagering Act 1998) 19
8 Section 122(2), proposed definition commencement-- 20
omit. 21
79
Gambling Legislation Amendment Bill 2005
Schedule (continued)
Gaming Machine Act 1991 1
1 Section 54(8), `(6)(c)'-- 2
omit, insert-- 3
`(7)(c)'. 4
2 Sections 164(2) and 165(2), `in writing and be made'-- 5
omit, insert-- 6
`made in writing'. 7
3 Section 164(6), from `other information'-- 8
omit, insert-- 9
`information additional to the information mentioned in 10
subsection (4).'. 11
4 Part 10, heading-- 12
omit, insert-- 13
`Part 10 Investigation and enforcement'. 14
5 Section 326, `part'-- 15
omit, insert-- 16
`division'. 17
80
Gambling Legislation Amendment Bill 2005
Schedule (continued)
Interactive Gambling (Player Protection) Act 1998 1
1 Section 128(2)(b), `within'-- 2
omit, insert-- 3
`by'. 4
2 Section 128(4)(d), after `recording'-- 5
insert-- 6
`wagers'. 7
3 Section 129(2)(b), `time within'-- 8
omit, insert-- 9
`time--by'. 10
4 Section 131(1), `time'-- 11
omit, insert-- 12
`period'. 13
5 Part 8, division 1, heading-- 14
omit, insert-- 15
`Division 1 Inspectors 16
`Subdivision 1 Preliminary'. 17
6 Section 185(b) and (c)-- 18
renumber as section 185(a) and (b). 19
81
Gambling Legislation Amendment Bill 2005
Schedule (continued)
Keno Act 1996 1
1 Sections 118(2) and 119(2), `not later than'-- 2
omit. 3
2 Sections 118(2)(a) and 119(2)(a), before `90'-- 4
insert-- 5
`at least'. 6
3 Sections 118(2)(b) and 119(2)(b), before `the time'-- 7
insert-- 8
`by'. 9
4 Section 118(4)(d), `paying and recording amounts won 10
at'-- 11
omit, insert-- 12
`recording entries, and paying amounts won, in'. 13
5 Section 121(1) and (3), `time'-- 14
omit, insert-- 15
`period'. 16
6 Part 9, division 1, subdivisions 3 and 4-- 17
renumber as part 9, division 1, subdivisions 2 and 3. 18
7 Section 169(1)(a), `for an appointed inspector--'-- 19
omit. 20
82
Gambling Legislation Amendment Bill 2005
Schedule (continued)
8 Sections 170(1),171C and 171F(1), `appointed'-- 1
omit. 2
9 Sections 169 to 171F-- 3
renumber as sections 168 to 171D. 4
Lotteries Act 1997 5
1 Sections 101(2) and 102(2), `not later than'-- 6
omit. 7
2 Sections 101(2)(a) and 102(2)(a), before `90'-- 8
insert-- 9
`at least'. 10
3 Sections 101(2)(b) and 102(2)(b), before `the time'-- 11
insert-- 12
`by'. 13
4 Section 101(4)(d), `recording and paying prizes won'-- 14
omit, insert-- 15
`recording entries, and paying prizes won,'. 16
5 Section 104, heading, after `approved'-- 17
insert-- 18
`control'. 19
83
Gambling Legislation Amendment Bill 2005
Schedule (continued)
6 Section 104(1) and (3), `time'-- 1
omit, insert-- 2
`period'. 3
7 Part 8, division 1, subdivisions 3 and 4-- 4
renumber as part 8, division 1, subdivisions 2 and 3. 5
8 Section 155(1)(a), `for an appointed inspector--'-- 6
omit. 7
9 Sections 156(1), 157C and 157F(1), `appointed'-- 8
omit. 9
10 Sections 155 to 157F-- 10
renumber as sections 154 to 157D. 11
Wagering Act 1998 12
1 Sections 174(2) and 175(2), `in writing and be made'-- 13
omit, insert-- 14
`made in writing'. 15
2 Section 175(1), `holder's'-- 16
omit, insert-- 17
`operator's'. 18
84
Gambling Legislation Amendment Bill 2005
Schedule (continued)
3 Section 177(1) and (3), `time'-- 1
omit, insert-- 2
`period'. 3
© State of Queensland 2005
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