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This is a Bill, not an Act. For current law, see the Acts databases.


GAMING MACHINE AMENDMENT BILL 1993

      Queensland




 GAMING MACHINE
AMENDMENT BILL 1993

 


 

Queensland GAMING MACHINE AMENDMENT BILL 1993 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Amendment of s.1.3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Amendment of s.2.25 (Police assistance) . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Amendment of s.3.3 (Consideration of applications) . . . . . . . . . . . . . . . . . . 5 7 Insertion of new ss.3.3A and 3.3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3.3A Clubs may be restricted to only 1 gaming machine licence . . . . . . 6 3.3B Changes in circumstances of applicants for and holders of licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Amendment of s.3.24 (Cancellation or suspension of gaming machine licences and letters of censure) . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 Amendment of s.3.32 (Continuance of licences in certain circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10 Replacement of s.4.6 (Changes in circumstances of applicants for and holders of licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4.6 Changes in circumstances of applicants for and holders of licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 11 Amendment of s.8.1 (Gross monthly turnover) . . . . . . . . . . . . . . . . . . . . . . . 10 12 Insertion of new ss.8.5A and 8.5B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 8.5A Gaming machine community benefit levy . . . . . . . . . . . . . . . . . . . . . 11 8.5B Gaming Machine Community Benefit Committee . . . . . . . . . . . . . . 11 13 Amendment of s.8.10 (Disposition of fees etc.) . . . . . . . . . . . . . . . . . . . . . . . 12 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 13 MINOR AND CONSEQUENTIAL AMENDMENTS

 


 

 

1993 A BILL FOR An Act to amend the Gaming Machine Act 1991

 


 

4 Gaming Machine Amendment The Parliament of Queensland enacts-- 1 title 2 Short This Act may be cited as the Gaming Machine Amendment Act 3 Clause1. 1993. 4 Act 5 Amended The Gaming Machine Act 1991 is amended as set out in this Act. 6 Clause2. 7 Commencement Clause3. This Act commences on a day to be fixed by proclamation. 8 of s.1.3 (Interpretation) 9 Amendment Section 1.3(1) (definitions "club liquor licence", "liquor 10 Clause4.(1) licence" and "prescribed liquor licence")-- 11 omit. 12 (2) Section 1.3(1)-- 13 insert-- 14 ` "arrangement" includes scheme, understanding, promise or undertaking, 15 whether express or implied; 16 "betting unit" means the least valuable bet a player may make on a 17 gaming machine; 18 "club liquor licence" means-- 19 (a) a licence mentioned in section 58(1)(e) of the Liquor Act 1992; or 20 (b) an authority held by a non-proprietary club to sell liquor under a 21 Commonwealth Act; 22 "conviction" includes a finding of guilt, or the acceptance of a plea of 23 guilty, by a court; 24

 


 

5 Gaming Machine Amendment "liquor licence" means-- 1 (a) a licence mentioned in section 58(1) of the Liquor Act 1992; or 2 (b) an authority to sell liquor under an Act, or a Commonwealth Act; 3 "prescribed liquor licence" means a liquor licence prescribed for the 4 purpose of this definition;'. 5 of s.2.25 (Police assistance) 6 Amendment Section 2.25(2)-- 7 Clause5. omit, insert-- 8 `(2) The Commissioner of the Police Service must ensure that effect is 9 given to arrangements approved under subsection (1).'. 10 of s.3.3 (Consideration of applications) 11 Amendment Section 3.3-- 12 Clause6. insert-- 13 `(6B) The Commission must not grant an application for a gaming 14 machine licence made by a club if the Commission considers-- 15 (a) that the club, including a voluntary association of persons from 16 which it was formed-- 17 (i) has not been operating for at least 2 years before the 18 application was made; or 19 (ii) has not, during the whole of the period, been pursuing its 20 objects or purposes in good faith; or 21 (b) that payments for the rental or lease of the club's licensed 22 premises are unreasonable; or 23 (c) if a lease, agreement or arrangement made by the club provides 24 that a person or voluntary association of persons is entitled to 25 receive, or may receive, a payment, benefit or advantage during, 26 or at the end of, the lease, agreement or arrangement--that the 27 provision is unreasonable; or 28 (d) if members of the executive, governing or management body 29

 


 

6 Gaming Machine Amendment (however described) of the club are required to be nominated, or 1 may be nominated, by a person who is not a member of the club, 2 or by a voluntary association of persons--that this is not in the 3 best interests of the club's members; or 4 (e) if the club does not own the club's licensed premises and an 5 executive officer or employee of the club is also the lessor, or an 6 associate of the lessor, of the club--that this is not in the best 7 interests of the club's members; or 8 (f) if an executive officer or employee of the club is a creditor, or an 9 associate of a creditor, of the club--that this is not in the best 10 interests of the club's members. 11 `(6C) Subsection (6B)(a) does not apply if the Commission considers 12 that granting the application is-- 13 (a) reasonable because of the club's contractual commitments made 14 in pursuing its objects or purposes; and 15 (b) necessary to meet the reasonable gaming requirements of the 16 club's members; and 17 (c) in the public interest.'. 18 of new ss.3.3A and 3.3B 19 Insertion Clause7. After section 3.3-- 20 insert-- 21 may be restricted to only 1 gaming machine licence 22 `Clubs `3.3A. If a club is a licensee, the Commission may grant an application 23 by the club for another gaming machine licence (the "new licence") only 24 if-- 25 (a) the Commission considers that the benefits to be offered to 26 members of the club at the premises for which the new licence is 27 sought (the "new premises") are distinct in nature to the benefits 28 offered to the members at the existing licensed premises of the 29 club (the "existing premises"); and 30 (b) the new premises are located in close proximity to the existing 31 premises; and 32

 


 

7 Gaming Machine Amendment (c) the Commission is satisfied that-- 1 (i) it is in the best interests of the club's members that the new 2 licence be granted; and 3 (ii) the granting of the new licence is not contrary to the public 4 interest.'. 5 in circumstances of applicants for and holders of licences 6 `Changes `3.3B.(1) If a person applies for a licence under this Part and, before the 7 application is granted or refused, a change happens in any information 8 contained in, or accompanying, the application or in a notice given under 9 this subsection, the applicant must, within 7 days of the change, give the 10 Director written notice of the change. 11 Maximum penalty--200 penalty units or imprisonment for 1 year. 12 (2) If, after the grant of a licence under this Part, an event mentioned in 13 subsection (3) happens, the holder of the licence must, within 7 days of the 14 event happening, give the Director written notice of the event. 15 Maximum penalty--200 penalty units or imprisonment for 1 year. 16 (3) The events required to be notified by the holder of the licence are-- 17 (a) the holder of the licence changes name or address; or 18 (b) the holder of the licence-- 19 (i) is convicted of an offence against this Act; or 20 (ii) if the holder is an individual--fails to discharge the holder's 21 financial commitments, becomes bankrupt or compounds 22 with creditors or otherwise takes advantage of the laws about 23 bankruptcy; or 24 (iii) if the holder is a body corporate--is the subject of a 25 winding-up (whether voluntarily or under a court order), 26 appointment of a liquidator, appointment of a receiver or 27 receiver and manager, or is placed under official 28 management and an official manager appointed under the 29 Corporations Law; or 30 (iv) is convicted of an indictable offence (whether on indictment 31 or summarily) punishable in the particular case by 32

 


 

8 Gaming Machine Amendment imprisonment for at least 1 year (irrespective of whether the 1 offence is also punishable by a fine in addition, or as an 2 alternative, to imprisonment).'. 3 of s.3.24 (Cancellation or suspension of gaming machine 4 Amendment licences and letters of censure) 5 Clause8. Section 3.24(1)(c)(v)-- 6 omit, insert-- 7 `(v) if the licensee is a club--considers-- 8 (A) that the club has ceased to be a non-proprietary club; or 9 (B) that the proceeds from the conduct of gaming are being 10 applied in a way that does not promote the objectives of 11 the club; or 12 (C) that payments for the rental or lease of the club's 13 licensed premises are unreasonable; or 14 (D) if a lease, agreement or arrangement made by the club 15 provides that a person or voluntary association of 16 persons is entitled to receive, or may receive, a 17 payment, benefit or advantage during, or at the end of, 18 the lease, agreement or arrangement--that the provision 19 is unreasonable; or 20 (E) if members of the executive, governing or management 21 body (however described) of the club are required to be 22 nominated, or may be nominated, by a person who is 23 not a member of the club or by a voluntary association 24 of persons--that this is not in the best interests of the 25 club's members; or 26 (F) if the club does not own the club's licensed premises 27 and an executive officer or employee of the club is also 28 the lessor, or an associate of the lessor, of the 29 club--that this is not in the best interests of the club's 30 members; or 31 (G) if an executive officer or employee of the club is a 32 creditor, or an associate of a creditor, of the club--that 33

 


 

9 Gaming Machine Amendment this is not in the best interests of the club's members; 1 or 2 (H) that payments made under the club's objects are not in 3 the best interests of the club's members; or 4 (I) that payments made for things purchased by the club 5 are unreasonable; or 6 (J) that salaries, wages, allowances or benefits paid or 7 payable by the club to the club's executive officers or 8 employees are unreasonable; or 9 (K) that payments for services provided to the club are 10 unreasonable or are on the basis of a percentage of the 11 club's income, profits or earnings from the conduct of 12 gaming or spending related to the conduct of gaming.'. 13 of s.3.32 (Continuance of licences in certain 14 Amendment circumstances) 15 Section 3.32(2)-- 16 Clause9. omit, insert-- 17 `(2) A person authorised under subsection (1)(b)-- 18 (a) is subject to the same liabilities under this Act as a licensee; and 19 (b) is taken, for the purposes of Part 8, to be the licensee whose 20 business the person is authorised to conduct.'. 21 of s.4.6 (Changes in circumstances of applicants for and 22 Replacement holders of licences) 23 Section 4.6-- 24 Clause10. omit, insert-- 25 in circumstances of applicants for and holders of licences 26 `Changes `4.6(1) If a person applies for a licence under this Part and, before the 27 application is granted or refused, a change happens in any information 28 contained in, or accompanying, the application or in a notice given under 29 this subsection, the applicant must, within 7 days of the change, give the 30

 


 

10 Gaming Machine Amendment Director written notice of the change. 1 Maximum penalty--200 penalty units or imprisonment for 1 year. 2 `(2) If, after the grant of a licence under this Part, an event mentioned in 3 subsection (3) happens, the holder of the licence must, within 7 days of the 4 happening of the event, give the Director written notice of the event. 5 Maximum penalty--200 penalty units or imprisonment for 1 year. 6 (3) The events required to be notified by the holder of the licence are-- 7 (a) the holder of the licence changes name or address; or 8 (b) the holder of the licence-- 9 (i) is convicted of an offence against this Act; or 10 (ii) if the holder is an individual--fails to discharge the holder's 11 financial commitments, becomes bankrupt or compounds 12 with creditors or otherwise takes advantage of the laws about 13 bankruptcy; or 14 (iii) if the holder is a body corporate--is the subject of a 15 winding-up (whether voluntarily or under a court order), 16 appointment of a liquidator, appointment of a receiver or 17 receiver and manager, or is placed under official 18 management and an official manager appointed under the 19 Corporations Law; or 20 (iv) is convicted of an indictable offence (whether on indictment 21 or summarily) punishable in the particular case by 22 imprisonment for at least 1 year (irrespective of whether the 23 offence is also punishable by a fine in addition, or as an 24 alternative, to imprisonment).'. 25 of s.8.1 (Gross monthly turnover) 26 Amendment Section 8.1-- 27 Clause11. insert-- 28 `(2) If an assessment is made under subsection (1) by way of an 29 electronic monitoring system installed on the licensee's licensed premises 30 by the Director under section 5.4(2), the period covered by the 31 assessment-- 32

 


 

11 Gaming Machine Amendment (a) for the month in which the system is installed--starts when the 1 system first reports data from the premises to the Director and 2 ends when the system first reports data from the premises to the 3 Director in the next month; and 4 (b) for each month after the month in which the system is 5 installed--starts when the system first reports data from the 6 premises to the Director for the month and ends when the system 7 first reports data from the premises to the Director in the next 8 month.'. 9 of new ss.8.5A and 8.5B 10 Insertion Clause12. After section 8.5-- 11 insert-- 12 machine community benefit levy 13 `Gaming `8.5A.(1) A licensee must pay a gaming machine community benefit 14 levy to the Director each month for the licensee's licensed premises. 15 `(2) The gaming machine community benefit levy must be paid on or 16 before the day prescribed by regulation in the month after the month for 17 which it is payable. 18 `(3) The amount of the gaming machine community benefit levy payable 19 for licensed premises for a month is the percentage prescribed by regulation 20 of the gross monthly turnover of the licensed premises for the month. 21 `(4) A percentage prescribed for subsection (3) may be nil. 22 `(5) There is to be established and kept in the Treasury a fund called the 23 Gaming Machine Community Benefit Fund. 24 Machine Community Benefit Committee 25 `Gaming `8.5B. The Minister responsible for the administration of the Gaming 26 Machine Community Benefit Fund-- 27 (a) must establish a committee called the Gaming Machine 28 Community Benefit Committee; and 29 (b) may decide-- 30

 


 

12 Gaming Machine Amendment (i) the membership of the Committee; and 1 (ii) how it is to operate.'. 2 of s.8.10 (Disposition of fees etc.) 3 Amendment Section 8.10-- 4 Clause13. insert-- 5 `(6) The Minister responsible for the administration of the Gaming 6 Machine Community Benefit Fund may, having regard to the 7 recommendation of the Gaming Machine Community Benefit Committee, 8 cause amounts to be paid out of the fund for the benefit of the community.'. 9 10

 


 

13 Gaming Machine Amendment CHEDULE 1 ¡S INOR AND CONSEQUENTIAL AMENDMENTS 2 M section 2 3 1. Section 1.3(1)-- 4 insert-- 5 ` "associate" of a person has the meaning given by section 1.3C; 6 "conduct of gaming" has the meaning given by section 1.3A; 7 "play a gaming machine" has the meaning given by section 1.3D;'. 8 2. Section 1.3(1) (definition "financial year")-- 9 omit `subsection (3)', insert `section 1.3B'. 10 3. Section 1.3(1) (definition "machine manager")-- 11 omit `authorised', insert `employed'. 12 4. Section 1.3(2)-- 13 insert (as a heading)-- 14 `Meaning of "conduct of gaming" '. 15 5. Section 1.3(3)-- 16 insert (as a heading)-- 17 `Approval of terminating date for financial year'. 18

 


 

14 Gaming Machine Amendment 6. Section 1.3(4)-- 1 insert (as a heading)-- 2 `Meaning of "associate" '. 3 7. Section 1.3(5)-- 4 insert (as a heading)-- 5 `Meaning of "play a gaming machine" '. 6 8. Section 1.3(2) to (5)-- 7 renumber as sections 1.3A to 1.3D respectively. 8 9. Section 3.2(1)(d) and (e)-- 9 omit `under the Liquor Act 1992'. 10 10. Section 3.2(2)(b)-- 11 omit `under the Liquor Act 1992', insert `for a liquor licence'. 12 11. Section 3.2(3)(g)(i)-- 13 omit, insert-- 14 `(i) if the application is made by an applicant mentioned in 15 subsection (1)(a), (b) or (c)--evidence, satisfactory to the 16 Director, of the liquor licence held for the premises to which 17 the application relates; or'. 18 12. Section 3.2(3)(g)(ii)-- 19 omit `made under the Liquor Act 1992', 20 insert `for a liquor licence made'. 21

 


 

15 Gaming Machine Amendment 13. Section 3.2(3)(ha)(i)(A) and (B)-- 1 omit, insert-- 2 `(A) if the application is made by an applicant mentioned in 3 subsection (1)(a), (b) or (c)--the premises to which the 4 liquor licence mentioned in subsection (1)(a), (b) or (c) 5 relates; and 6 (B) if the application is made by an applicant mentioned in 7 subsection (1)(d) or (e)--the premises to which the 8 proposed liquor licence mentioned in subsection (1)(d) 9 or (e) relates; and'. 10 14. Section 3.2(3)(ha)(ii)(B)-- 11 omit, insert-- 12 `(B) unrestricted access to fire exits in a way that complies 13 with the Fire Service Act 1990, the Building Act 1975 14 and the Building Code of Australia;'. 15 15. Section 3.3(8)-- 16 omit, insert-- 17 `(8) The Director must immediately give the applicant written notice of-- 18 (a) the Commission's decision; and 19 (b) if the application is refused--the reasons for the refusal.'. 20 16. Section 3.5(2)(b)-- 21 omit `gaming token denomination', insert `betting unit'. 22 17. Section 3.12-- 23 insert-- 24 `(3B) If an application under subsection (1) is refused, the Director must 25 immediately give the applicant written notice of, and the reasons for, the 26 decision. 27

 


 

16 Gaming Machine Amendment 18. Section 3.12(4)-- 1 omit, insert-- 2 `(4) If a licensee complies with this section, the Director must renew the 3 licence for 2 years starting on-- 4 (a) the day after its last expiry; or 5 (b) the day it would have last expired apart from its extension under 6 subsection (3).'. 7 19. Section 3.13-- 8 omit `grant or'. 9 20. Sections 3.14(2), 3.15(4) and 6.16(10)(b)-- 10 omit `and gaming token denomination', 11 insert `, gaming token denomination and betting unit'. 12 21. Sections 3.15(2), 6.11(2)(b), 6.22(3)(b), 6.23(2)(c), 6.24(5) and 13 9.3(1)(k)(ii)-- 14 omit `or gaming token denomination', 15 insert `, gaming token denomination or betting unit'. 16 22. Section 3.16-- 17 insert-- 18 `(8) If an application under subsection (1) is refused, the Director must 19 immediately give the applicant written notice of, and the reasons for, the 20 decision.'. 21 23. After section 3.17(1)-- 22 insert-- 23 `(1A) If the Commission makes a determination under subsection (1), 24

 


 

17 Gaming Machine Amendment the Director must immediately give the licensee written notice of, and the 1 reasons for, the determination.'. 2 24. Section 3.18(1A)-- 3 omit `The application', 4 insert `An application for an approval under subsection (1)'. 5 25. Section 3.18(1B)(a)-- 6 omit, insert-- 7 `(a) the proposed locations mentioned in subsection (1A)(a) are 8 within the premises to which the licensee's liquor licence relates; 9 and'. 10 26. Section 3.18(1B)(b)(ii)-- 11 omit, insert-- 12 `(ii) unrestricted access to fire exits in a way that complies with 13 the Fire Service Act 1990, the Building Act 1975 and the 14 Building Code of Australia;'. 15 27. Section 3.18-- 16 insert-- 17 `(6) If an application under subsection (1) is refused, the Director must 18 immediately give the applicant written notice of, and the reasons for, the 19 decision.'. 20 28. Section 3.22(5) (after `premises')-- 21 insert `or another time decided by the Director'. 22 29. Section 3.23(a) and (b)-- 23 omit, insert-- 24

 


 

18 Gaming Machine Amendment `(a) cancelled, transferred or surrendered--the gaming machine 1 licence for the premises is cancelled; or 2 (b) suspended--the gaming machine licence for the premises is 3 suspended for the same period as the liquor licence is 4 suspended.'. 5 30. Section 3.24(13)-- 6 omit, insert-- 7 `(13) If the Commission cancels or suspends a licence, the Director must 8 immediately give the licensee written notice of, and the reasons for, the 9 cancellation or suspension.'. 10 31. Section 3.25(2)(a)-- 11 omit, insert-- 12 `(a) must immediately give the licensee written notice of, and the 13 reasons for, the suspension.'. 14 32. Sections 4.3(1), (2) and (5) and 4.20(6)(c) and (d), (7)(b), (d) and 15 (e) and (11)(a) and (b) and 5.20(1)-- 16 omit `authorised', insert `employed'. 17 33. Section 4.3(3)-- 18 omit `authorised in writing', insert `employed'. 19 34. Section 4.3(4)-- 20 omit `authorise in writing', insert `employ'. 21 35. Section 4.3(6)-- 22 omit `authorise in writing', insert `employ'. 23

 


 

19 Gaming Machine Amendment 36. Section 4.3(7)-- 1 omit, insert-- 2 `(7) Until a licensee is able to comply with subsection (5) or obtains the 3 Director's approval under subsection (6), the licensee must cease the 4 conduct of gaming on the licensee's licensed premises. 5 Maximum penalty--200 penalty units or imprisonment for 1 year.'. 6 37. Section 4.7(2)(a)-- 7 omit, insert-- 8 `(a) if the applicant is an individual-- 9 (i) the applicant is not 18; or 10 (ii) the applicant has failed to have finger prints and palm prints 11 taken under subsection (1)(a) or section 4.5(2);'. 12 38. Section 4.7(2)-- 13 insert-- 14 `(c) the applicant, or an associate of the applicant, has failed to submit 15 information or material requested by the Director or the 16 Commission under subsection (3);'. 17 39. Section 4.8(2)-- 18 omit, insert-- 19 `(2) The Director must immediately give the applicant written notice of-- 20 (a) the Commission's decision; and 21 (b) if the application is refused--the reasons for the refusal.'. 22 40. Section 4.13(2)-- 23 omit, insert-- 24 `(2) If the Commission imposes or varies conditions under 25 subsection (1), the Director must immediately give the holder of the licence 26

 


 

20 Gaming Machine Amendment written notice of-- 1 (a) the conditions or varied conditions; and 2 (b) reasons for the imposition or variation.'. 3 41. Section 4.14(4)-- 4 omit, insert-- 5 `(4) If a licensee complies with this section, the Director must renew the 6 licence for 2 years starting on-- 7 (a) the day after its last expiry; or 8 (b) the day it would have last expired apart from its extension under 9 subsection (3).'. 10 42. Section 4.14-- 11 insert-- 12 `(5) If an application under subsection (1) is refused, the Director must 13 immediately give the applicant written notice of, and the reasons for, the 14 decision.'. 15 43. Section 4.20 (heading)-- 16 omit `, authorisations'. 17 44. Section 4.20(7)(a)-- 18 omit `authorising', insert `employing'. 19 45. Section 4.20(11)-- 20 omit `authorisation', insert `employment under section 4.3(3) or (4)'. 21 46. Section 4.20(12)-- 22 omit `, service contract or authorisation', insert `or service contract'. 23

 


 

21 Gaming Machine Amendment 47. Section 4.22(13)-- 1 omit, insert-- 2 `(13) If the Commission cancels or suspends a licence, the Director must 3 immediately give the applicant written notice of, and the reasons for, the 4 cancellation or suspension.'. 5 48. Section 4.23(2)(a)-- 6 omit, insert-- 7 `(a) must immediately give the holder of the licence written notice of, 8 and the reasons for, the suspension; and '. 9 49. Section 5.6(a)-- 10 omit, insert-- 11 `(a) when, under the liquor licence relating to the premises, liquor is 12 not permitted to be consumed in the part of the premises; or'. 13 50. Section 5.18-- 14 omit. 15 51. Section 6.5(2)-- 16 omit `and advise the person so removed by written notice', 17 insert `and immediately give the person written notice of, and the reasons 18 for, the removal'. 19 52. Section 6.5-- 20 insert-- 21 `(4) If the Commission refuses to approve that the name of a person 22 whose name has been removed under this section or section 6.3 from a roll 23 under this Part be again listed, the Director must immediately give the 24 person written notice of, and the reasons for, the refusal.'. 25

 


 

22 Gaming Machine Amendment 53. Section 6.11(4)-- 1 renumber as section 6.11(3). 2 54. Section 6.14(5)-- 3 omit `paragraph (a)', insert `subsection (3)'. 4 55. Section 6.18(1)-- 5 omit `give written notice of', 6 insert `immediately give written notice of, and reasons for'. 7 56. Section 6.20-- 8 insert-- 9 `(11) If an application for an approval under subsection (1) is refused, the 10 Director must immediately give the applicant written notice of, and the 11 reasons for, the refusal.'. 12 57. Section 7.6(1)-- 13 omit, insert-- 14 `7.6(1) In this section-- 15 "accountant" means-- 16 (a) a member of the Institute of Chartered Accountants in Australia 17 who holds a current Certificate of Public Practice issued by the 18 Institute; or 19 (b) a member of the Australian Society of Certified Practising 20 Accountants who holds a current Public Practice Certificate 21 issued by the Society; or 22 (c) a person registered as an auditor under the Corporations Law; or 23 (d) in a particular case--a member of an accounting body mentioned 24 in paragraph (a) or (b) who-- 25 (i) does not hold the current certificate mentioned in the 26

 


 

23 Gaming Machine Amendment paragraph; and 1 (ii) is approved as an accountant for the case by the Director'. 2 58. Section 7.6(2)(a) and (4)-- 3 omit `an income and expenditure statement', 4 insert `a statement of receipts and payments'. 5 59. Section 7.6-- 6 insert-- 7 `(2A) If a person ceases for any reason to be a licensee under this Act, 8 the person must, at the person's own expense and within 1 month of 9 ceasing to be a licensee (or any further period the Director may allow)-- 10 (a) prepare a statement of receipts and payments for gaming and the 11 conduct of gaming on the person's licensed premises from the 12 day to which the gaming machine accounts were last audited 13 under subsection (2)(b) to the day the person ceased to be a 14 licensee or, if an audit has not been performed, for the period 15 from the start of gaming to the day the person ceased to be a 16 licensee; and 17 (b) have the accounts relating to that gaming and conduct audited by 18 an accountant.'. 19 60. Section 7.6(3)-- 20 omit `subsection (2)', insert `subsection (2) or (2A)'. 21 61. Section 7.6(4)-- 22 omit `subsection (2)(a),', insert `subsection (2)(a) or (2A)(a)'. 23 62. Section 7.6(4)-- 24 omit `subsection (2)(b)', insert `subsection (2)(b) or (2A)(b)'. 25

 


 

24 Gaming Machine Amendment 63. Section 8.6(1)(a)-- 1 omit, insert-- 2 `(a) the monthly rental fee, gaming machine tax, sport and recreation 3 levy, charities and rehabilitation levy and gaming machine 4 community benefit levy payable under sections 8.2 to 8.5A; and'. 5 64. Section 8.6(1)(c)-- 6 insert-- 7 `(iva) gaming machine community benefit levy; or'. 8 65. Section 8.6(2) (after `charities and rehabilitation levy')-- 9 insert `, gaming machine community benefit levy'. 10 66. Section 8.9(2) and (3)-- 11 omit `report referred to in subsection (1)(b)', 12 insert `statement or report mentioned in subsection (1)'. 13 67. Section 8.10(2) (after `charities and rehabilitation levy')-- 14 insert `, gaming machine community benefit levy'. 15 68. Section 8.10(3)-- 16 insert-- 17 `and 18 (d) gaming machine community benefit levy, must be paid by the 19 Director into the Gaming Machine Community Benefit Fund.'. 20 69. Section 8.10(5)-- 21 omit `the benefit of charities and rehabilitation programs', 22 insert `charitable, rehabilitative or social development purposes'. 23

 


 

25 Gaming Machine Amendment 70. Section 8.11 (after `charities and rehabilitation levy')-- 1 insert `, gaming machine community benefit levy'. 2 71. Section 8.12(1) (after `charities and rehabilitation levy')-- 3 insert `, gaming machine community benefit levy'. 4 72. Section 8.13 (after `charities and rehabilitation levy')-- 5 insert `or gaming machine community benefit levy'. 6 73. Section 9.6(12) (after `specify')-- 7 insert `the reasons for the termination and'. 8 74. Section 10.9-- 9 insert-- 10 `(6) In subsections (3), (4) and (5)-- 11 "officer of the Division" includes a person who has ceased to be an officer 12 of the Division if less than 1 year has elapsed since the person ceased 13 to be an officer.'. 14 75. After section 10.32-- 15 insert-- 16 `Numbering and renumbering of Act 17 `10.33 In the next reprint of the Act produced under the Reprints Act 18 1991, section 43 (Numbering and renumbering of provisions) of that Act 19 must be used.'. 20 21 © State of Queensland 1993

 


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