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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
GAMING MACHINE
AMENDMENT BILL 2001
Queensland
GAMING MACHINE AMENDMENT
BILL 2001
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF GAMING MACHINE ACT 1991
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 54 (Secrecy) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Amendment of s 56 (Application for gaming machine licences) . . . . . . . . . 5
7 Amendment of s 78 (Certain applications under Liquor Act 1992
subject to chief executive's certificate) ......................... 6
8 Amendment of s 81 (Application to increase approved number of gaming
machines). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9 Amendment of s 86 (Proposals to decrease approved number of
gaming machines) ....................................... 7
10 Insertion of new division headings in pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . 8
11 Insertion of new div 3, and div 4 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
316A Purpose of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
316B Major facilities levy on category 1 licensed premises . . . . . . . . . . . . 8
316C Major facilities fund accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
12 Amendment of s 317 (Payment of taxes etc.) . . . . . . . . . . . . . . . . . . . . . . . . 9
13 Amendment of s 322 (Disposition of fees etc.). . . . . . . . . . . . . . . . . . . . . . . 10
14 Amendment of s 323 (Adjustment of assessment
in certain circumstances) ................................. 10
15 Amendment of s 324 (Recovery of taxes and penalties) . . . . . . . . . . . . . . . . 10
16 Amendment of s 325 (Offences relating to revenue) . . . . . . . . . . . . . . . . . . 10
2
Gaming Machine Amendment Bill 2001
17 Insertion of new pt 12, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 5--Provisions for Gaming Machine Amendment Act 2001
399 Transitional provision for applications relating to gaming
machine licences ................................... 11
400 What happens to an application if made after 8 May 2001 . . . . . . . . 12
401 First month for which the major facilities levy is payable. . . . . . . . . 12
PART 3--MINOR AMENDMENTS OF OTHER ACTS
18 Minor amendments of other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 14
MINOR AMENDMENTS OF OTHER ACTS
LOTTERIES ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
KENO ACT 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2001
A BILL
FOR
An Act to amend the Gaming Machine Act 1991, and for other
purposes
s1 4 s4
Gaming Machine Amendment Bill 2001
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Gaming Machine Amendment Act 2001. 4
2 Commencement
Clause 5
Sections 3, 4, 6 and 8 are taken to have commenced at midday on 8 May 6
2001. 7
PART 2--AMENDMENT OF GAMING MACHINE 8
ACT 1991 9
3 Act amended in pt 2
Clause 10
This part amends the Gaming Machine Act 1991. 11
4 Amendment of s 2 (Definitions)
Clause 12
(1) Section 2, definition "category 2 licensee"-- 13
omit. 14
(2) Section 2-- 15
insert-- 16
` "category 1 licensee" means a licensee whose gaming machine licence 17
relates to category 1 licensed premises. 18
"category 2 licensee" means a licensee whose gaming machine licence 19
relates to category 2 licensed premises. 20
s5 5 s6
Gaming Machine Amendment Bill 2001
"liquor licence transfer application" means an application under the 1
Liquor Act 1992, section 113 for the transfer of a liquor licence from 2
the holder of the liquor licence to a proposed transferee.'. 3
5 Amendment of s 54 (Secrecy)
Clause 4
(1) Section 54(3)-- 5
omit, insert-- 6
`(3) A person who is or was a licensed monitoring operator must not 7
communicate or reveal information about a licensee's operations that the 8
person obtained in the course of the person's operations as a licensed 9
monitoring operator. 10
Maximum penalty--200 penalty units or 1 year's imprisonment.'. 11
(2) Section 54(4), `licensed operator or'-- 12
omit. 13
6 Amendment of s 56 (Application for gaming machine licences)
Clause 14
(1) Section 56(1), after `made'-- 15
insert-- 16
`only'. 17
(2) Section 56(1)(b) to (f)-- 18
omit, insert-- 19
`(b) a body corporate that-- 20
(i) has applied to become the holder of a club liquor licence; or 21
(ii) is the proposed transferee in a liquor licence transfer 22
application relating to a club liquor licence; or 23
(c) the proposed transferee in a liquor licence transfer application 24
relating to a general liquor licence or prescribed liquor licence.'. 25
(3) Section 56(2)(a), (b) and (c)-- 26
omit, insert-- 27
`(a) if the application is made by an applicant mentioned in 28
subsection (1)(a)--premises specified in the applicant's liquor 29
s7 6 s7
Gaming Machine Amendment Bill 2001
licence or the liquor licence under which the applicant may sell 1
liquor; or 2
(b) if the application is made by an applicant mentioned in 3
subsection (1)(b)--premises specified in the applicant's 4
application for a liquor licence or the liquor licence transfer 5
application naming the applicant as the proposed transferee; or 6
(c) if the application is made by an applicant mentioned in 7
subsection (1)(c)--category 1 licensed premises specified in the 8
liquor licence transfer application naming the applicant as the 9
proposed transferee.'. 10
(4) Section 56(5)(g)-- 11
omit, insert-- 12
`(g) must be accompanied by the liquor licence, application for a 13
liquor licence or liquor licence transfer application, relating to 14
the premises specified in the application for the grant of the 15
gaming machine licence; and'. 16
(5) Section 56(5), `is to'-- 17
omit, insert-- 18
`must'. 19
(6) Section 56(5)(f), `is also to'-- 20
omit, insert-- 21
`must also'. 22
(7) Section 56(6)-- 23
omit. 24
Clause 7 Amendment of s 78 (Certain applications under Liquor Act 1992 25
subject to chief executive's certificate) 26
(1) Section 78(1), from `a person' to `transfer of'-- 27
omit, insert-- 28
`a person makes a liquor licence transfer application relating to'. 29
(2) Section 78(3)(a), from `applies' to `transfer of'-- 30
s8 7 s9
Gaming Machine Amendment Bill 2001
omit, insert-- 1
`makes a liquor licence transfer application relating to'. 2
Clause 8 Amendment of s 81 (Application to increase approved number of 3
gaming machines) 4
Section 81(1), after `A licensee'-- 5
insert-- 6
`, other than a category 1 licensee,'. 7
9 Amendment of s 86 (Proposals to decrease approved number of 8
Clause
gaming machines) 9
Section 86(3)-- 10
omit, insert-- 11
`(3) An inspector may make a report recommending the approved 12
number of gaming machines for a licensee's licensed premises be 13
decreased-- 14
(a) because of a material change affecting the licensee that has 15
happened since the licensee was granted a gaming machine 16
licence; or 17
(b) if, within the period of 6 months immediately before the report, 18
the licensee did not operate, for a continuous period of 3 months, 19
1 or more gaming machines included in the approved number of 20
gaming machines for the licensed premises other than-- 21
(i) a gaming machine stored with the chief executive's approval 22
as mentioned in section 225(3)1; or 23
(ii) a gaming machine that was not available for gaming 24
because the gaming machine was undergoing alteration, 25
adjustment, maintenance or repair by a licensed repairer 26
acting under this Act. 27
`(3A) For subsection (3)(b), the period immediately before a report can 28
not include a period before the commencement of this subsection.'. 29
1 Section 225 (Installation and storage of gaming machines by licensees)
s 10 8 s 11
Gaming Machine Amendment Bill 2001
10 Insertion of new division headings in pt 9
Clause 1
(1) Part 9, before section 310-- 2
insert-- 3
`Division 1--Assessment of monthly taxable metered wins'. 4
(2) After section 310-- 5
insert-- 6
`Division 2--Gaming machine tax and relevant funds'. 7
Clause 11 Insertion of new div 3, and div 4 hdg 8
After section 316-- 9
insert-- 10
`Division 3--Major facilities levy 11
`316A Purpose of div 3 12
`(1) The purpose of this division is to provide for a levy payable by each 13
category 1 licensee based on the monthly taxable metered win for the 14
licensee's licensed premises. 15
`(2) Amounts attributable to the levy may be used for 1 or more of the 16
following-- 17
(a) major public sporting facilities of State wide significance; 18
(b) major cultural facilities of State wide significance; 19
(c) infrastructure for facilities mentioned in paragraph (a) or (b). 20
`316B Major facilities levy on category 1 licensed premises 21
`(1) A category 1 licensee must pay a major facilities levy to the chief 22
executive each month for the licensee's licensed premises. 23
`(2) The major facilities levy must be paid on or before the day, 24
prescribed under a regulation, of the month next following the month for 25
which it is payable. 26
s 12 9 s 12
Gaming Machine Amendment Bill 2001
`(3) The amount of major facilities levy payable by the category 1 1
licensee is the amount represented by the percentage, prescribed under a 2
regulation, of the monthly taxable metered win for the licensee's licensed 3
premises for the month for which the levy is payable. 4
`(4) To remove any doubt, it is declared that the major facilities levy is 5
additional to any gaming machine tax the category 1 licensee is liable to 6
pay for the licensee's licensed premises. 7
`316C Major facilities fund accounts 8
`(1) The major facilities levies are administered receipts of the 9
department. 10
`(2) The chief executive must establish and keep accounts to record 11
amounts received as major facilities levy, called the major facilities fund 12
accounts. 13
`(3) To remove any doubt, it is declared that the chief executive's 14
obligations under this section are additional to the chief executive's 15
obligations under the Financial Administration and Audit Act 1977. 16
`Division 4--Payment of taxes, levies and fees and related matters'. 17
12 Amendment of s 317 (Payment of taxes etc.)
Clause 18
(1) Section 317(1)(a), (b) and (c)-- 19
omit, insert-- 20
`(a) the monthly gaming machine tax payable by the licensee; and 21
(b) the monthly major facilities levy payable by the licensee; and 22
(c) the penalty payable by the licensee under section 319 on or 23
before that day; and 24
(d) the gaming machine tax, major facilities levy or penalty payable 25
by the licensee and remaining unpaid at the end of the day, 26
prescribed under a regulation, of the preceding month.'. 27
(2) Section 317(4), after `gaming machine tax'-- 28
insert-- 29
`, major facilities levy'. 30
s 13 10 s 17
Gaming Machine Amendment Bill 2001
13 Amendment of s 322 (Disposition of fees etc.)
Clause 1
(1) Section 322(2), after `gaming machine tax'-- 2
insert-- 3
`, major facilities levy'. 4
(2) Section 322(3), `gaming tax'-- 5
omit, insert-- 6
`gaming machine tax, the major facilities levy'. 7
14 Amendment of s 323 (Adjustment of assessment 8
in certain circumstances)
Clause 9
Section 323, after `gaming machine tax'-- 10
insert-- 11
`, major facilities levy'. 12
15 Amendment of s 324 (Recovery of taxes and penalties)
Clause 13
(1) Section 324, heading, after `taxes'-- 14
insert-- 15
`, levies'. 16
(2) Section 324(1), from `or penalty' to `recovered'-- 17
omit, insert-- 18
`, major facilities levy or penalty payable under section 319 that remains 19
unpaid may be recovered by the chief executive'. 20
16 Amendment of s 325 (Offences relating to revenue)
Clause 21
Section 325(a), `a monthly fee or gaming machine tax' 22
omit, insert-- 23
`gaming machine tax or major facilities levy'. 24
17 Insertion of new pt 12, div 5
Clause 25
After section 398-- 26
s 17 11 s 17
Gaming Machine Amendment Bill 2001
insert-- 1
`Division 5--Provisions for Gaming Machine Amendment Act 2001 2
`399 Transitional provision for applications relating to gaming 3
machine licences 4
`(1) This section applies to each of the following applications (each of 5
which is a "relevant application") -- 6
(a) an application under section 56 for proposed Liquor Act 7
premises or for Liquor Act premises, that is received by the chief 8
executive before midday on 8 May 2001; 9
(b) an application under section 81 made by a category 1 licensee, 10
that is received by the chief executive before midday on 8 May 11
2001; 12
(c) an application under section 56, that is received by the chief 13
executive at or after midday on 8 May 2001 and before or at 14
5 p.m. on 29 June 2001, if-- 15
(i) the applicant had applied under the Liquor Act 1992 for a 16
general liquor licence and the application for the general 17
liquor licence was received by the liquor licensing authority 18
before midday on 8 May 2001; and 19
(ii) at midday on 8 May 2001, the liquor licensing authority had 20
not finished dealing with the application by issuing a 21
general liquor licence for the premises. 22
`(2) If the commission has not made a decision about a relevant 23
application by 31 December 2001, the relevant application lapses at the end 24
of that day unless the commission fixes a date under subsection (3) for it to 25
lapse. 26
`(3) Before 31 December 2001, the commission may fix a date after 27
31 December 2001 as the date for a relevant application to lapse if-- 28
(a) the chief executive receives an application for deferment of the 29
lapsing of the relevant application before or at 5 p.m. on 30
30 November 2001; and 31
(b) the commission is, after considering the application for 32
deferment, satisfied there are exceptional circumstances for a 33
deferment of the lapsing of the relevant application; and 34
(c) the date fixed is no later than 30 June 2002. 35
s 17 12 s 17
Gaming Machine Amendment Bill 2001
`(4) If the commission fixes a date under subsection (3) as the date for a 1
relevant application to lapse and the commission has not made a decision 2
about the relevant application immediately before the end of that day, the 3
relevant application lapses at the end of that day. 4
`(5) An applicant for deferment must include as part of the application 5
all supporting information and material the applicant considers relevant to 6
establish the exceptional circumstances for the deferment. 7
`(6) In this section-- 8
"Liquor Act premises" means premises specified in a general liquor 9
licence, on-premises licence or a special facility licence under the 10
Liquor Act 1992 as licensed premises under that Act. 11
"proposed Liquor Act premises" means premises in relation to which 12
there is an application to the liquor licensing authority for a general 13
liquor licence, on-premises licence or special facility licence and for 14
which a licence has not been issued under the Liquor Act 1992. 15
`400 What happens to an application if made after 8 May 2001 16
`(1) This section applies to an application under section 56 or 81 that 17
could not be made under this Act after the commencement of the Gaming 18
Machine Amendment Act 2001, sections 6 and 8. 19
`(2) To remove any doubt, it is declared that the application is taken not 20
to be validly made, and must not be dealt with, under this Act. 21
`(3) No proceeding may be taken at or after midday on 8 May 2001 22
against the State or a departmental officer for an action or failure to take an 23
action relating to the application. 24
`(4) If a proceeding relating to the application was started before the 25
commencement of this section against the State or a departmental officer, 26
the proceeding is stayed and the court dealing with the proceeding must 27
dismiss the proceeding. 28
`401 First month for which the major facilities levy is payable 29
`The major facilities levy under section 316B is payable for July 2001 30
and each month after July 2001.'. 31
s 18 13 s 18
Gaming Machine Amendment Bill 2001
PART 3--MINOR AMENDMENTS OF OTHER ACTS 1
18 Minor amendments of other Acts
Clause 2
The schedule amends the Acts it mentions. 3
s 18 14 s 18
Gaming Machine Amendment Bill 2001
SCHEDULE 1
MINOR AMENDMENTS OF OTHER ACTS 2
section 18 3
LOTTERIES ACT 1997 4
1 Schedule 3, definition "registrar", `Gaming Machine Act 1991, 5
section 3'-- 6
omit, insert-- 7
`Gaming Machine Act 1991, section 2'. 8
KENO ACT 1996 9
1 Section 239-- 10
omit, insert-- 11
`239 Appeal to District Court 12
`An appeal lies from a decision of the Gaming Commission to the 13
District Court, but only on a question of law.'. 14
15
Gaming Machine Amendment Bill 2001
SCHEDULE (continued)
2 Schedule 4, definition "registrar", `Gaming Machine Act 1991, 1
section 3'-- 2
omit, insert-- 3
`Gaming Machine Act 1991, section 2' 4
© State of Queensland 2001
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