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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
GAMING MACHINE AND
OTHER LEGISLATION
AMENDMENT BILL 1998
Queensland
GAMING MACHINE AND OTHER
LEGISLATION AMENDMENT BILL 1998
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 2--AMENDMENT OF GAMING MACHINE ACT 1991
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
5 Amendment of s 6 (Meaning of "associate") . . . . . . . . . . . . . . . . . . . . . . . . 21
6 Insertion of new s 6AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
6AA Meaning of "control action" under the Corporations Law . . . . . . . . 21
7 Amendment of s 12 (Powers of commission) . . . . . . . . . . . . . . . . . . . . . . . . 22
8 Amendment of s 24 (Appeals to Minister) . . . . . . . . . . . . . . . . . . . . . . . . . . 22
9 Replacement of s 31 (Delegation by chief executive) . . . . . . . . . . . . . . . . . 23
30A Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
30B Delegation by commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
31 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
10 Replacement of s 34 (Police assistance) . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
34 Criminal history reports for investigations . . . . . . . . . . . . . . . . . . . . . 25
11 Amendment of s 38 (Gaming lawful and does not constitute nuisance) . . . 25
12 Amendment of s 39 (Application for gaming machine licences) . . . . . . . . 25
13 Replacement of ss 40 and 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
40 Recommendation by chief executive about application for
gaming machine licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
40A Decision on application for gaming machine licence . . . . . . . . . . . 31
2
Gaming Machine and Other Legislation
Amendment
40B Fixing number of gaming machines . . . . . . . . . . . . . . . . . . . . . . . . . . 34
40C Matters to be taken into account for advising on or fixing
number of gaming machines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
41 Application by clubs for additional licensed premises . . . . . . . . . . . 36
41A Recommendation by chief executive about additional
premises application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
41B Decision on additional premises application . . . . . . . . . . . . . . . . . . . 41
41C Fixing number of gaming machines for additional premises . . . . . . 42
41D Application of gaming machine licence to additional premises . . . 43
14 Amendment of s 42 (Changes in circumstances of applicants for
and holders of licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
15 Insertion of new s 42A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
42A Changes in circumstances of licensees of category 2
licensed premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
16 Amendment of s 43 (Issue of gaming machine licences) . . . . . . . . . . . . . . 46
17 Insertion of new s 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
44 Issue of amalgamated gaming machine licences to clubs . . . . . . . . 46
18 Amendment of s 45 (Gaming machine licences to be displayed) . . . . . . . . 47
19 Amendment of s 47 (Term of gaming machine licences) . . . . . . . . . . . . . . 48
20 Amendment of s 51 (Renewal and continuance of gaming
machine licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
21 Replacement of ss 5557 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
55 Removal of rented gaming machines . . . . . . . . . . . . . . . . . . . . . . . . . 49
56 Application to increase approved number of gaming machines . . . 50
56A Recommendation by chief executive about increase application . . 51
56B Decision on increase application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
56C Matters to be taken into account for increase application . . . . . . . . 53
56D Fixing increase number of gaming machines . . . . . . . . . . . . . . . . . . 53
57 Proposals to decrease approved number of gaming machines . . . . . 54
57A Recommendation by chief executive about decrease proposal . . . . 55
57B Decision on decrease proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
57C Matters to be taken into account for decrease proposal . . . . . . . . . . 58
57D Surrender or disposal of gaming machines on approval of
decrease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
3
Gaming Machine and Other Legislation
Amendment
22 Amendment of s 58 (Relocation of gaming machine areas) . . . . . . . . . . . . 59
23 Amendment of s 59 (Disclosure of influential or benefiting parties) . . . . . 59
24 Amendment of s 62 (Surrender of gaming machine licences) . . . . . . . . . . . 60
25 Replacement of s 63 (Cancellation or suspension of gaming
machine licences in certain circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . 62
63 Action affecting gaming machine licences based on
action affecting liquor licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
26 Amendment of s 64 (Cancellation or suspension of gaming
machine licences and letters of censure) . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
27 Amendment of s 65 (Suspension of gaming machine licence
pending decision under s 64) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
28 Insertion of new s 65A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
65A Suspension of gaming machine licence for non-payment
of monthly fees, gaming tax or penalty . . . . . . . . . . . . . . . . . . . . . . . 68
29 Amendment of s 66 (Effect of suspension of licence) . . . . . . . . . . . . . . . . . 69
30 Insertion of new s 66A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
66A Notices to interested persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
31 Amendment of s 68 (Recovery of gaming machines etc.) . . . . . . . . . . . . . . 71
32 Insertion of new ss 68A and 68B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
68A Recovery or disposal of gaming machines and other
property on cancellation or non-renewal of gaming machine
licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
68B Destruction of fingerprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
33 Amendment of s 69 (Appointment of administrator instead of
suspension) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
34 Omission of s 72D (Control action under the Corporations Law) . . . . . . . . 73
35 Omission of s 72N (Criminal history reports for investigation) . . . . . . . . . . 73
36 Amendment of s 72O (Recommendation about application) . . . . . . . . . . . . 73
37 Amendment of s 72ZA (Surrender of licence) . . . . . . . . . . . . . . . . . . . . . . . 74
38 Replacement of ss 72ZB72ZD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
72ZB Approving audit programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
72ZC Conducting investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
39 Amendment of s 72ZG (Grounds for suspension or cancellation) . . . . . . . . 75
40 Amendment of s 72ZH (Show cause notice) . . . . . . . . . . . . . . . . . . . . . . . . . 76
4
Gaming Machine and Other Legislation
Amendment
41 Replacement of s 72ZI (Involvement of interested persons in
show cause process) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
72ZI Involvement of interested persons in show cause process . . . . . . . . 76
42 Amendment of s 72ZJ (Consideration of representations) . . . . . . . . . . . . . . 77
43 Amendment of s 72ZK (Ending show cause process without
further action) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
44 Amendment of s 72ZO (Decision of commission) . . . . . . . . . . . . . . . . . . . . 78
45 Amendment of s 72ZP (Suspension or cancellation) . . . . . . . . . . . . . . . . . . 78
46 Insertion of new s 72ZRA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
72ZRA Terms of appointment, and role, of
administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
47 Replacement of s 72ZS (Notices to interested persons) . . . . . . . . . . . . . . . 79
72ZS Notices to interested persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
48 Insertion of new ss 72ZVA and 72ZVB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
72ZVA Notice by licensed operator of
failure of licensee to pay certain amounts . . . . . . . . . . . . . . . . . . . . . 81
72ZVB Storing and handling gaming
equipment and other property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
49 Replacement of s 72ZW (Returns about licensed key monitoring
employees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
72ZW Returns about employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
50 Insertion of new s 72ZZ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
72ZZ Requirement to end key officer's role . . . . . . . . . . . . . . . . . . . . . . . . 83
51 Insertion of new pt 3A, div 7A-- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
Division 7A--Compliance requirements
Subdivision 1--Control systems
72ZZA Approved control system for
licensed operator's monitoring operations . . . . . . . . . . . . . . . . . . . . . 84
72ZZB Control system submission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
72ZZC Control system (change) submission . . . . . . . . . . . . . . . . . . . . . . . . . 85
72ZZD Dealing with submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
72ZZE Direction to change approved
control system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
5
Gaming Machine and Other Legislation
Amendment
Subdivision 2--Monitoring records
72ZZF Notices about keeping monitoring records . . . . . . . . . . . . . . . . . . . . 87
72ZZG Monitoring records to be kept at
certain place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
72ZZH Monitoring records to be kept for
required period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
Subdivision 3--Financial accounts, statements and reports
72ZZI Keeping of accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
72ZZJ Preparation of financial statements and accounts . . . . . . . . . . . . . . . 90
72ZZK Submission of reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Subdivision 4--Financial institution accounts
72ZZL Keeping of accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
72ZZM Use of accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Subdivision 5--Audit
72ZZN Audit guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
72ZZO Audit of monitoring operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
72ZZP Carrying out of audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
72ZZQ Licensed operator to give
documents about audit to chief executive . . . . . . . . . . . . . . . . . . . . . 93
52 Amendment of s 72ZZ (Disclosure affidavits about persons
having influence or receiving benefits) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
53 Amendment of pt 4 hdg (Licensing of repairers, service
contractors, machine managers and key monitoring employees) . . . . . . . . 95
54 Insertion of new ss 72ZZS and 72ZZT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
72ZZS Meaning of key monitoring employee . . . . . . . . . . . . . . . . . . . . . . . . 95
72ZZT Meaning of key officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
55 Amendment of s 74 (Unlicensed persons not to be service contractors) . . 96
56 Replacement of s 75 (Unlicensed persons not to be machine
managers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
75 Licensing requirements for carrying out gaming duties on
licensed premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
57 Amendment of s 76 (Certain persons must apply for machine
manager's licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
58 Insertion of new ss 76B76F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
6
Gaming Machine and Other Legislation
Amendment
76B Meaning of nominee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
76C Identity cards for certain nominees . . . . . . . . . . . . . . . . . . . . . . . . . 101
76D Nominees of licensees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
76E Application for gaming nominee's licence by licensed
gaming employee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
76F Application for gaming employee's licence by licensed
gaming nominee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
59 Replacement of s 77 (Applications for licences under this part) . . . . . . . 104
77 Applications for licences under this part . . . . . . . . . . . . . . . . . . . . . 104
60 Amendment of s 78 (Changes in circumstances of applicants for
and holders of licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
61 Amendment of s 79 (Consideration of applications) . . . . . . . . . . . . . . . . . 107
62 Replacement of s 80 (Commission may grant or refuse to grant
licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
80 Decision on applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
63 Amendment of s 81 (Issue of licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
64 Amendment of s 83 (Term of licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
65 Amendment of s 86 (Renewal and continuance of licences) . . . . . . . . . . 111
66 Amendment of s 88 (Display of certain licences) . . . . . . . . . . . . . . . . . . . 111
67 Amendment of s 89 (Disclosure of influential or benefiting parties) . . . . 113
68 Replacement of s 90 (Investigations of holders of licences and
associates) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
90 Approving audit programs for licensed gaming nominees
and associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
90A Conducting investigations of licensed persons and associates . . . 114
90B Requirement to give information or document for investigation . . 115
90C Failure to give information or document for investigation . . . . . . . 115
69 Amendment of s 92 (Notifications re employment and agreements) . . . . 115
70 Amendment of s 93 (Surrender of licences) . . . . . . . . . . . . . . . . . . . . . . . . 118
71 Amendment of s 94 (Cancellation or suspension of licences
under this part) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
72 Amendment of s 95 (Suspension of licences pending decision
under s 94) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
73 Amendment of s 96 (Effect of suspension of licence) . . . . . . . . . . . . . . . . 122
7
Gaming Machine and Other Legislation
Amendment
74 Insertion of new ss 96A and 96B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
96A Notices to interested persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
96B Destruction of fingerprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
75 Amendment of s 97 (Provisional licences) . . . . . . . . . . . . . . . . . . . . . . . . . 124
76 Amendment of s 98 (Installation and storage of gaming machines
by licensees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
77 Amendment of s 98A (Licensee's register of gaming machines) . . . . . . . 125
78 Amendment of s 99 (Gaming machines not to be played if not
installed in gaming machine area) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
79 Amendment of s 106 (Licensees not to extend credit) . . . . . . . . . . . . . . . . 125
80 Insertion of new s 110A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
110A Unclaimed payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
81 Amendment of s 111 (Malfunction of gaming machines) . . . . . . . . . . . . . 127
82 Amendment of s 112 (Defective gaming machines not allowed) . . . . . . . 128
83 Amendment of s 114 (Certain persons only to have access etc. to
gaming machines) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
84 Omission of ss 115 and 116 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
85 Amendment of s 123 (Ascertainment of age) . . . . . . . . . . . . . . . . . . . . . . . 128
86 Amendment of s 129 (Obstruction generally) . . . . . . . . . . . . . . . . . . . . . . . 129
87 Amendment of s 140 (Possession etc. of gaming machines and
restricted components by licensees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
88 Amendment of s 141 (Possession etc. of gaming machines etc. by
other persons) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
89 Amendment of s 145 (Procedure for determination of tenders) . . . . . . . . . 130
90 Replacement of s 146A (Changes to approved games) . . . . . . . . . . . . . . . 130
146A Replacing approved games . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
146B Changes to percentage returns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
91 Insertion of new s 148A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
148A Inducing the acquisition of gaming equipment or ancillary
or related equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
92 Amendment of s 151 (Gaming prohibited on unprotected devices) . . . . . 132
93 Amendment of s 152 (Unlawful interference with gaming equipment) . . 133
94 Amendment of s 153 (Protection of sensitive areas of gaming
equipment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
8
Gaming Machine and Other Legislation
Amendment
95 Amendment of s 155 (Use of gaming machines not provided to
licensees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
96 Amendment of s 158 (Accounts and analyses) . . . . . . . . . . . . . . . . . . . . . . 134
97 Amendment of s 159 (Monthly gaming machine reconciliation
reports to be submitted) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
98 Amendment of s 161 (Audit of accounts of licensee) . . . . . . . . . . . . . . . . 135
99 Omission of s 161A (Audit of accounts of licensed operators) . . . . . . . . . 135
100 Amendment of s 163 (Monthly taxable metered win) . . . . . . . . . . . . . . . . 135
101 Amendment of s 170 (Payment of monthly fees, taxes etc.) . . . . . . . . . . . 136
102 Insertion of new s 170A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
170A Adjustment of gaming machine tax . . . . . . . . . . . . . . . . . . . . . . . . . 137
103 Amendment of s 171 (Penalty for late payment) . . . . . . . . . . . . . . . . . . . . 137
104 Replacement of s 173 (Statement and report by the chief executive) . . . 138
173 Licensed operator's financial statement . . . . . . . . . . . . . . . . . . . . . 138
105 Amendment of s 174 (Disposition of fees etc.) . . . . . . . . . . . . . . . . . . . . . . 139
106 Amendment of s 176 (Recovery of fees and taxes) . . . . . . . . . . . . . . . . . . 139
107 Replacement of s 177 (Offences relating to revenue) . . . . . . . . . . . . . . . . 139
177 Offences relating to revenue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
108 Omission of s 178 (Offences relating to explanations) . . . . . . . . . . . . . . . . 140
109 Amendment of s 186 (Certain persons not to play gaming machines) . . . 140
110 Amendment of s 187 (Officers of division may be prohibited from
playing gaming machines) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
111 Amendment of s 188 (Prohibition on control of applications by clubs) . . 140
112 Insertion of new s 188A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
188A Prohibition on control of gaming at clubs . . . . . . . . . . . . . . . . . . . . 141
113 Amendment of s 189 (Restriction on certain agreements) . . . . . . . . . . . . . 141
114 Amendment of s 195 (Reporting of accounting discrepancies and
criminal activity) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
115 Amendment of s 196 (Cheating) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
116 Amendment of s 206 (Proceedings for offences) . . . . . . . . . . . . . . . . . . . . 142
117 Amendment of s 212 (Disclosure of criminal history) . . . . . . . . . . . . . . . . 142
118 Amendment of s 215 (Regulation making power) . . . . . . . . . . . . . . . . . . . 142
119 Omission of s 217 (Approval of chief executive may be conditional) . . . 142
9
Gaming Machine and Other Legislation
Amendment
120 Insertion of new pt 11, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
Division 1--Provisions for Gaming Machine Amendment Act 1997
121 Amendment of s 218 (Chief executive to supply gaming
machines etc. until there is a licensed operator) . . . . . . . . . . . . . . . . . . . . 143
122 Insertion of new pt 11, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
Division 2--Provisions for Gaming Machine and Other Legislation
Amendment Act 1998
223 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
224 Term of gaming machine licences . . . . . . . . . . . . . . . . . . . . . . . . . . 144
225 Approved control systems for existing operators . . . . . . . . . . . . . . . 144
226 Nominees of licensees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
227 Application for gaming nominees' licences . . . . . . . . . . . . . . . . . . 145
228 Applications for machine managers' licences . . . . . . . . . . . . . . . . . 146
229 Machine managers' licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
230 Licensed machine managers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
231 Term of part 4 licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
PART 3--AMENDMENT OF CASINO CONTROL ACT 1982
123 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
124 Insertion of new s 71A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
71A Unclaimed winnings and prizes . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
PART 4--AMENDMENT OF INTERACTIVE GAMBLING
(PLAYER PROTECTION) ACT 1998
125 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
126 Amendment of s 135 (Inactive players accounts) . . . . . . . . . . . . . . . . . . . . 148
127 Amendment of s 137 (Prohibition of interactive gambling) . . . . . . . . . . . . 149
128 Amendment of s 162 (Approval of regulated interactive gambling
equipment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
PART 5--AMENDMENT OF KENO ACT 1996
129 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
130 Amendment of s 148 (Extending credit) . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
131 Replacement of s 152 (Claims for payment) . . . . . . . . . . . . . . . . . . . . . . . 150
152 Claims for payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
132 Insertion of new s 159A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
10
Gaming Machine and Other Legislation
Amendment
159A Keno gaming by keno agent or keno agent's employees . . . . . . . . 151
PART 6--AMENDMENT OF LOTTERIES ACT 1997
133 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
134 Insertion of new s 132A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
132A Relationship of provisions about unclaimed prizes with
Public Trustee Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
PART 7--AMENDMENT OF WAGERING ACT 1998
135 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
136 Amendment of s 213 (Claims for payment of winning bets) . . . . . . . . . . . 153
1998
A BILL
FOR
An Act to amend the Gaming Machine Act 1991 and certain other
Acts
s1 12 s4
Gaming Machine and Other Legislation
Amendment
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause 1. This Act may be cited as the Gaming Machine and Other Legislation 4
Amendment Act 1998. 5
6
Commencement
Clause 2.(1) Section 113 is taken to have commenced on 1 July 1997. 7
(2) The remaining provisions commence on a day to be fixed by 8
proclamation. 9
PART 2--AMENDMENT OF GAMING MACHINE 10
ACT 1991 11
amended in pt 2 12
Act
Clause 3. This part amends the Gaming Machine Act 1991. 13
of s 3 (Definitions) 14
Amendment
Clause 4.(1) Section 3, definitions "disclosure affidavit", "game", 15
"information notice", "inspector", "key monitoring employee", "key 16
officer", "licensed machine manager", "machine manager", "money 17
clearance" and "promotions"-- 18
omit. 19
(2) Section 3-- 20
s4 13 s4
Gaming Machine and Other Legislation
Amendment
insert-- 1
` "additional premises" see section 41(3)(e). 2
"additional premises application" means an application, made under 3
section 41 by a club that is a licensee, for approval of premises 4
(additional to the existing licensed premises) as premises to which the 5
club's gaming machine licence relates. 6
"appropriately qualified", for a person to whom a power under this Act 7
may be delegated, includes having the qualifications, experience or 8
standing appropriate to exercise the power. 9
10
Example of `standing'--
11
A person's classification level in the public service.
"approved authority", for licensed premises, means-- 12
(a) the liquor licensing authority; or 13
(b) the Queensland Fire and Rescue Authority; or 14
(c) the local government whose area is the area in which the premises 15
are situated. 16
"approved control system" means a control system approved by the chief 17
executive, and includes an approved control system changed under a 18
direction or approval of the chief executive. 19
"approved number", of gaming machines, for licensed premises, 20
means-- 21
(a) the number (the "original number") of gaming machines 22
originally permitted to be installed on the premises; or 23
(b) if the original number is subsequently adjusted by an increase 24
under section 56B or a decrease under section 57B--the original 25
number as adjusted under the section or sections. 26
"approved place" see section 72ZZF. 27
"associates (nominees) audit program" means an audit program, for 28
investigating associates of licensed gaming nominees, approved by the 29
Minister under section 90. 30
s4 14 s4
Gaming Machine and Other Legislation
Amendment
"associates (operators) audit program" means an audit program, for 1
investigating associates of licensed operators, approved by the Minister 2
under section 72ZB. 3
"audit guidelines" see section 72ZZN. 4
"authorised gaming machine", of a licensee, means a gaming machine 5
that is, for the licensee, either-- 6
(a) a rented gaming machine; or 7
(b) a privately acquired gaming machine. 8
"category 1 licensed premises" means licensed premises for which 1 of 9
the following licences under the Liquor Act 1992 is in force-- 10
(a) a general liquor licence; 11
(b) an on-premises licence; 12
(c) a special facility licence (other than the special facility licence held 13
by the Surfers Paradise Bowls Club Incorporated). 14
"category 2 licensed premises" means licensed premises that are not 15
category 1 licensed premises. 16
"control action", under the Corporations Law, see section 6AA. 17
"control system" means a system of internal controls and administrative 18
and accounting procedures for the conduct by a licensed operator of the 19
operator's monitoring operations. 20
"control system (change) submission" see section 72ZZC. 21
"control system submission" see section 72ZZB. 22
"criminal history", of a person, means the person's criminal history 23
within the meaning of the Criminal Law (Rehabilitation of Offenders) 24
Act 1986, and-- 25
(a) despite section 6 of that Act, includes a conviction of the person 26
to which the section applies; and 27
(b) despite section 5 of that Act, includes a charge made against the 28
person for an offence. 29
s4 15 s4
Gaming Machine and Other Legislation
Amendment
"decrease proposal" means-- 1
(a) an application made by a licensee under section 57 for a decrease 2
in the approved number of gaming machines for licensed 3
premises of the licensee; or 4
(b) a request made by an approved authority under section 57 for a 5
decrease in the approved number of gaming machines for 6
licensed premises of a licensee; or 7
(c) a report made by an inspector under section 57 recommending a 8
decrease in the approved number of gaming machines for 9
licensed premises of a licensee. 10
"directly interested person", for a licensed operator, means-- 11
(a) an approved financier with whom the operator has entered into an 12
agreement or arrangement relating to the operator's monitoring 13
operations; or 14
(b) a secured creditor of the operator. 15
"disclosure affidavit" see section 72ZZR. 16
"excluded interested person", for a licensed operator, means an indirectly 17
interested person of the operator designated by the chief executive to be 18
an excluded interested person for the operator. 19
"exempt monitoring record" see section 72ZZF(1)(b). 20
"existing licence" see section 41C(1). 21
"existing premises" see section 41B(3)(c). 22
"game" means a game-- 23
(a) designed to be played on a gaming machine; and 24
(b) that is identifiable from all other games by-- 25
(i) the name of the game; or 26
(ii) differences in rules or programming. 27
"gaming duties" means duties about the conduct of gaming prescribed 28
under a regulation. 29
s4 16 s4
Gaming Machine and Other Legislation
Amendment
"gaming employee" means-- 1
(a) a licensed gaming employee employed under section 75(3), (4) or 2
(5); or 3
(b) a licensed gaming nominee employed under section 75(3) or (4); 4
or 5
(c) an applicant for a gaming employee's licence employed under 6
section 75(4) or (6); or 7
(d) an applicant for a gaming nominee's licence employed under 8
section 75(4); or 9
(e) a person employed under section 75(9); or 10
(f) the nominee of a licensee. 11
"increase application" means an application made by a licensee under 12
section 56 for an increase in the approved number of gaming machines 13
for licensed premises of the licensee. 14
"indirectly interested person", for a licensed operator, means a person the 15
operator knows, or ought reasonably to know, has an interest in the 16
operator's licence, but does not include a directly interested person of 17
the operator. 18
"information notice", for a decision of the commission, means a written 19
notice stating the decision and the reasons for the decision, and also 20
stating-- 21
(a) if the notice is being given to a person who has a right to appeal 22
against the decision to the Minister-- 23
(i) that the person may appeal against the decision to the 24
Minister within 14 days after being given notice of the 25
decision; and 26
(ii) how the appeal may be made; or 27
(b) if the notice is being given to a person who has a right to appeal 28
against the decision to a Magistrates Court-- 29
(i) that the person may appeal against the decision to a 30
Magistrates Court within 28 days after receiving notice of 31
the decision; and 32
s4 17 s4
Gaming Machine and Other Legislation
Amendment
(ii) how the appeal may be made. 1
"inspector" means a person who is an inspector under this Act. 2
"interested person", for a licensed operator, means a directly or indirectly 3
interested person of the operator. 4
"key monitoring employee" see section 72ZZS(1). 5
"key officer" see section 72ZZT. 6
"licensed gaming employee" means the holder of a gaming employee's 7
licence in force under this Act. 8
"licensed gaming nominee" means the holder of a gaming nominee's 9
licence in force under this Act. 10
"licensed person" means-- 11
(a) a licensed repairer; or 12
(b) a licensed service contractor; or 13
(c) a licensed gaming nominee; or 14
(d) a licensed gaming employee; or 15
(e) a licensed key monitoring employee. 16
"money clearance" means-- 17
(a) the removal of gaming tokens from-- 18
(i) the cash box of a gaming machine; or 19
(ii) the banknote acceptor of a gaming machine; or 20
(b) the deduction of an amount from money received by a licensee 21
from persons to enable the persons to establish gaming machine 22
credits under a centralised credit system. 23
"monitoring operations", of a licensed operator, means operations 24
conducted by the operator under the operator's licence. 25
"monitoring record", of a licensed operator, means a record (including a 26
document) about the operator's monitoring operations. 27
"nominee", of a licensee for premises, see section 76B. 28
s4 18 s4
Gaming Machine and Other Legislation
Amendment
"nominees audit program" means an audit program for investigating 1
licensed gaming nominees approved by the Minister under section 90. 2
"operators audit program" means an audit program for investigating 3
licensed operators approved by the Minister under section 72ZB. 4
"ownership", for a game change or a percentage return to player change, 5
includes the holding of a lease or sublease. 6
"parent entity", of a licensed operator, see Corporation's Law, 7
section 243D(1).1 8
"power", for a delegation by the commission, includes doing an act or 9
making a decision for the purpose of performing a function. 10
"privately acquired gaming machine" means a gaming machine, other 11
than a rented gaming machine that-- 12
(a) is purchased or otherwise acquired by a licensee, for use for 13
gaming on the licensee's licensed premises, from-- 14
(i) the chief executive; or 15
(ii) a licensed operator, approved financier, gaming trainer or 16
recognised manufacturer or supplier of gaming machines; or 17
(iii) another licensee; and 18
(b) has not been disposed of by the licensee. 19
"promotions" means an amount, part of an amount, or something else, 20
able to be won by playing a gaming machine, whether or not a 21
winning result for a game is obtained, and made available by a licensee 22
or licensed operator, but, if a winning result for a game is obtained, 23
does not include the amount constituted by the winning result itself. 24
"rented gaming machine" means a gaming machine-- 25
1 Corporation's Law--
243D.(1) ("parent entity") An entity is a "parent entity" of another entity if:
(a) both are bodies corporate and the first entity is a holding company of the
other; or
(b) the first entity has control over the other.
s4 19 s4
Gaming Machine and Other Legislation
Amendment
(a) provided to a licensee by the chief executive for use for gaming 1
on the licensee's licensed premises; and 2
(b) for which a daily rental fee, calculated under the Gaming Machine 3
Regulation 1991, section 37, is required to be taken into account 4
in calculating the monthly fees payable by the licensee under 5
section 164 of this Act. 6
"supporting material", for an additional premises application, means-- 7
(a) for the making of a recommendation under section 41A(1), or the 8
giving of advice under section 41A(8), by the chief executive 9
about the application--any information or document received by 10
the chief executive in response to a notice given under 11
section 41A(2)(b) about the application; or 12
(b) for the making of a decision by the commission under 13
section 41B(1), or the fixing by the commission of a number of 14
gaming machines under section 41C, for the application-- 15
(i) any information or document mentioned in paragraph (a); or 16
(ii) any information or document received by the commission in 17
response to a notice given under section 41B(2) about the 18
application. 19
"supporting material", for an application for a gaming machine licence, 20
means-- 21
(a) for the making of a recommendation under section 40(1), or the 22
giving of advice under section 40(10), by the chief executive 23
about the application--any information or document received by 24
the chief executive in response to a notice given under 25
section 40(2)(b) about the application; or 26
(b) for the making of a decision by the commission under 27
section 38(1)(a), or the fixing by the commission of a number of 28
gaming machines under section 40B, for the application-- 29
(i) any information or document mentioned in paragraph (a); or 30
(ii) any information or document received by the commission in 31
response to a notice given under section 40A(1) about the 32
application. 33
s4 20 s4
Gaming Machine and Other Legislation
Amendment
"supporting material", for an application for a licence under part 4, 1
means-- 2
(a) for the making of a recommendation by the chief executive under 3
section 79(2) about the application--any information or 4
document received by the chief executive in response to a notice 5
given under section 79(1A) about the application; or 6
(b) for the making of a decision by the commission under 7
section 80(1) about the application-- 8
(i) any information or document mentioned in paragraph (a); 9
and 10
(ii) any information or document received by the commission in 11
response to a notice given under section 80 (2). 12
"supporting material", for an increase application, means-- 13
(a) for the making of a recommendation by the chief executive under 14
section 56A about the application--any information or document 15
received by the chief executive in response to a notice given under 16
subsection (3) of that section about the application; or 17
(b) for the making of a decision by the commission under 18
section 56B about the application-- 19
(i) any information or document mentioned in paragraph (a); or 20
(ii) any information or document received by the commission in 21
response to a notice given under section 56B(2) about the 22
application. 23
"total approved number", of gaming machines, for 2 or more licensed 24
premises to which a single gaming machine licence relates, means the 25
number representing the total of each of the approved numbers of 26
gaming machines for each of the premises.'. 27
(3) Section 3, definition "disclosed associate", `72ZZ(4)(a) or (b).5'-- 28
s5 21 s6
Gaming Machine and Other Legislation
Amendment
omit, insert-- 1
`72ZZR(4)(a) or (b).2'. 2
(4) Section 3, definition "service contract", `provided to a licensee or 3
that is on licensed premises'-- 4
omit, insert-- 5
`on licensed premises or otherwise in a licensee's possession,'. 6
of s 6 (Meaning of "associate") 7
Amendment
Clause 5. Section 6(a)(ix), `a natural person'-- 8
omit, insert-- 9
`an individual'. 10
of new s 6AA 11
Insertion
Clause 6. After section 6-- 12
insert-- 13
of "control action" under the Corporations Law 14
`Meaning
`6AA. For this Act, a person is affected by control action under the 15
Corporations Law if-- 16
(a) the person has executed a deed of company arrangement under 17
the Law; or 18
(b) the person is the subject of a winding-up (whether voluntarily or 19
under a court order) under the Law; or 20
(c) the person is the subject of an appointment of an administrator or 21
liquidator under the Law; or 22
(d) there is, under the law, a controller for property of the person.'. 23
2 Section 72ZZR (Disclosure affidavits about persons having influence or
receiving benefits)
s7 22 s8
Gaming Machine and Other Legislation
Amendment
of s 12 (Powers of commission) 1
Amendment
Clause 7. Section 12(2)-- 2
omit. 3
of s 24 (Appeals to Minister) 4
Amendment
Clause 8.(1) Section 24(8)(b)-- 5
omit, insert-- 6
`(b) under section 40B(2), fixing a number of gaming machines for 7
premises that is less than the number sought in the relevant 8
application for the premises; or 9
(ba) under section 41B, refusing to approve additional premises as 10
premises to which a club's gaming machine licence relates; or 11
(bb) under section 41C(2), fixing a number of gaming machines for 12
additional premises that is less than the number sought in the 13
additional premises application; or'. 14
(2) Section 24(8)(e) to (h)-- 15
omit, insert-- 16
`(e) under section 56B(1), refusing to approve an increase in the 17
approved number of gaming machines for a licensee's licensed 18
premises; or 19
(f) under section 56B(1), approving an increase in the approved 20
number of gaming machines for a licensee's licensed premises 21
that is less than the increase sought in the relevant application; or 22
(g) under section 57B(1), refusing, for a decrease proposal that is an 23
application, to approve a decrease in the approved number of 24
gaming machines for a licensee's licensed premises; or 25
(ga) under section 57B(1), approving, for a decrease proposal that is 26
an application, a decrease in the approved number of gaming 27
machines for a licensee's licensed premises that is less than the 28
decrease sought in the application; or 29
s9 23 s9
Gaming Machine and Other Legislation
Amendment
(gb) under section 57B(1), approving, for a decrease proposal that is a 1
request or report, a decrease in the approved number of gaming 2
machines for a licensee's licensed premises; or 3
(h) under section 64(12)(d) or (12A); or'. 4
(3) Section 24(8)(m)-- 5
omit, insert-- 6
`(m)under section 94(12)(d) or (12A); or'. 7
(4) Section 24(9), before paragraph (a)-- 8
insert-- 9
`(aa) a decision of the chief executive under section 51 refusing to 10
renew a gaming machine licence; or 11
(ab) a decision of the chief executive under section 65A suspending a 12
gaming machine licence; or'. 13
(5) Section 24(9)-- 14
insert-- 15
`(c) a decision of the chief executive under section 76E refusing to 16
grant an application for a gaming nominee's licence; or 17
(d) a decision of the chief executive under section 76F refusing to 18
grant an application for a gaming employee's licence; or 19
(e) a decision of the chief executive under section 86 refusing to 20
renew a licence issued under part 4.'. 21
of s 31 (Delegation by chief executive) 22
Replacement
Clause 9. Section 31-- 23
omit, insert-- 24
by Minister 25
`Delegation
`30A. The Minister may delegate the Minister's powers under this Act 26
to-- 27
(a) the chief executive; or 28
s 10 24 s 10
Gaming Machine and Other Legislation
Amendment
(b) an appropriately qualified inspector; or 1
(c) an appropriately qualified officer of the department. 2
by commission 3
`Delegation
`30B.(1) The commission may delegate its designated powers to-- 4
(a) the chief executive; or 5
(b) an appropriately qualified inspector; or 6
(c) an appropriately qualified officer of the department. 7
`(2) In this section-- 8
"designated powers", of the commission, means the powers of the 9
commission under this Act, other than powers under sections 64(12) 10
and (12A), 65, 72ZO, 94(12) and (12A), 95, 145 and 184. 3 11
by chief executive 12
`Delegation
`31. The chief executive may delegate the chief executive's powers under 13
this Act to-- 14
(a) an appropriately qualified inspector; or 15
(b) an appropriately qualified officer of the department.'. 16
of s 34 (Police assistance) 17
Replacement
Clause 10. Section 34-- 18
omit, insert-- 19
3 Sections 64 (Cancellation or suspension of gaming machine licences and letters
of censure), 65 (Suspension of gaming machine licence pending decision under
s 64), 72ZO (Decision of commission), 94 (Cancellation or suspension of
licences under this part), 95 (Suspension of licences pending decision under
s 94), 145 (Procedure for determination of tenders) and 184 (Review and
termination of agreements)
s 11 25 s 12
Gaming Machine and Other Legislation
Amendment
history reports for investigations 1
`Criminal
`34.(1) This section applies in relation to the investigation of a person for 2
section 29(4), 40(2)(a), 60(1), 72ZC(1), 79(1)(b) and 90A.4 3
`(2) If the chief executive asks the commissioner of the police service for 4
a written report on the person's criminal history, the commissioner must 5
give the report to the chief executive. 6
`(3) The report must contain-- 7
(a) relevant information in the commissioner's possession; and 8
(b) relevant information the commissioner can reasonably obtain by 9
asking officials administering police services in other Australian 10
jurisdictions; and 11
(c) other relevant information to which the commissioner has 12
access.'. 13
of s 38 (Gaming lawful and does not constitute nuisance) 14
Amendment
Clause 11. Section 38(1)(a), `the recommendation'-- 15
omit, insert-- 16
`any recommendation'. 17
of s 39 (Application for gaming machine licences) 18
Amendment
Clause 12.(1) Section 39(1)-- 19
insert-- 20
`(f) a subsidiary operator.'. 21
(2) Section 39(2)-- 22
insert-- 23
4 Sections 29 (Officers of division to be of good repute), 40 (Recommendation by
chief executive about application for gaming machine licence),
60 (Investigation of licensees and associates), 72ZC (Conducting
investigations), 79 (Consideration of applications) and 90A (Conducting
investigations of licensed persons and associates)
s 12 26 s 12
Gaming Machine and Other Legislation
Amendment
`(c) if the application is made by an applicant mentioned in 1
subsection (1)(f)--the part of special facility premises for which 2
the applicant is a subsidiary operator.'. 3
(3) Section 39-- 4
insert-- 5
`(2A) An application for a gaming machine licence made by a body 6
corporate that holds, or has applied to become the holder of, a club liquor 7
licence may relate to 2 or more premises. 8
`(2B) Except as provided under subsection (2A), an application for a 9
gaming machine licence may only relate to single premises.'. 10
(4) Section 39(3)(b) and (c)-- 11
omit, insert-- 12
`(b) for an application by an individual--must be signed by the 13
applicant; and 14
(c) for an application by a body corporate--must be signed in the 15
appropriate way; and'. 16
(5) Section 39(3)(d)(i), `a natural person'-- 17
omit, insert-- 18
`an individual'. 19
(6) Section 39(3)(e)(iii), before `a copy of'-- 20
insert-- 21
`unless the body corporate is a company that has only 1 director--'. 22
(7) Section 39(3)(g)(i), `subsection (1)(a), (b) or (c)'-- 23
omit, insert-- 24
`subsection (1)(a), (b), (c) or (f)'. 25
(8) Section 39(3)(k)-- 26
omit, insert-- 27
`(k) is to specify-- 28
s 12 27 s 12
Gaming Machine and Other Legislation
Amendment
(i) the number of gaming machines for which the licence is 1
sought; and 2
(ii) if the application relates to 2 or more premises--the number 3
of gaming machines sought for each of the premises; and'. 4
(9) Section 39-- 5
insert-- 6
`(4) In subsection (2)(c), a reference to the part of special facility 7
premises for which an applicant for a gaming machine licence mentioned in 8
subsection (1)(f) is a subsidiary operator is a reference to-- 9
(a) the part of special facility premises the holder of the special 10
facility liquor licence for the premises has, with the approval of 11
the relevant chief executive, let or sublet to the applicant; or 12
(b) the part of special facility premises in relation to which the holder 13
of the special facility liquor licence for the premises has, with the 14
approval of the relevant chief executive, entered into a franchise or 15
management agreement with the applicant. 16
`(5) For subsection (3)(c), an application for a gaming machine licence 17
made by a body corporate is signed in the appropriate way-- 18
(a) if it is signed-- 19
(i) by at least 2 of its executive officers authorised to sign by the 20
body corporate; or 21
(ii) if there is only 1 executive officer of the body corporate--by 22
the officer; or 23
(b) if the chief executive considers, for a body corporate having at 24
least 2 executive officers, that paragraph (a) can not reasonably be 25
complied with--if it is signed in the way the chief executive 26
considers appropriate. 27
`(6) In this section-- 28
"relevant chief executive" means the chief executive of the department in 29
which the Liquor Act 1992 is administered. 30
"special facility liquor licence" means a licence mentioned in the Liquor 31
Act 1992, section 58(1)(f). 32
s 13 28 s 13
Gaming Machine and Other Legislation
Amendment
"special facility premises" means premises to which a special facility 1
liquor licence relates. 2
"subsidiary operator" means-- 3
(a) an individual or body corporate to which the holder of a special 4
facility liquor licence has, with the approval of the relevant chief 5
executive-- 6
(i) let or sublet part of the special facility premises; and 7
(ii) let or sublet the right to sell liquor; or 8
(b) an individual or body corporate with which the holder of a special 9
facility liquor licence has, with the approval of the relevant chief 10
executive-- 11
(i) entered into a franchise or management agreement for part 12
of the special facility premises; and 13
(ii) let or sublet the right to sell liquor.'. 14
of ss 40 and 41 15
Replacement
Clause 13. Sections 40 and 41-- 16
omit, insert-- 17
by chief executive about application for gaming 18
`Recommendation
machine licence 19
`40.(1) The chief executive must-- 20
(a) consider an application for a gaming machine licence received by 21
the chief executive; and 22
(b) after considering the application--make a recommendation to the 23
commission that a gaming machine licence be granted or refused. 24
`(2) In considering the application, the chief executive-- 25
(a) must conduct investigations the chief executive considers are 26
necessary and reasonable to help the chief executive make a 27
recommendation; and 28
s 13 29 s 13
Gaming Machine and Other Legislation
Amendment
(b) may, by written notice given to the applicant or an associate of the 1
applicant, require the applicant or associate, within a reasonable 2
time stated in the notice, to give the chief executive further 3
information or a document that is necessary and reasonable to 4
help the chief executive make a recommendation. 5
`(3) Also, in considering the application, the chief executive must 6
assess-- 7
(a) the suitability of the premises to which the application relates (the 8
"subject premises") for the installation and use of gaming 9
machines, having regard to the size and layout of, and facilities 10
on, the premises; and 11
(b) if the applicant is an individual--the financial stability, general 12
reputation and character of the applicant; and 13
(c) if the applicant is a body corporate-- 14
(i) the financial stability and business reputation of the body 15
corporate; and 16
(ii) the general reputation and character of the secretary and each 17
executive officer of the body corporate; and 18
(d) the suitability of the applicant to be a licensee; and 19
(e) if a person is stated in an affidavit under section 595 as being a 20
person who satisfies a description mentioned in subsection (4)(a) 21
or (b) of that section--the suitability of the person to be an 22
associate of the applicant; and 23
(f) if the chief executive considers it appropriate--the suitability of 24
any other associate of the applicant to be an associate of the 25
applicant. 26
`(4) For an application by an individual, the chief executive may, with the 27
applicant's agreement, cause the applicant's fingerprints to be taken. 28
`(5) Despite subsection (1)(a), if the applicant is an individual, the chief 29
executive is required to consider the application only if the applicant agrees 30
to having the applicant's fingerprints taken. 31
5 Section 59 (Disclosure of influential or benefiting parties)
s 13 30 s 13
Gaming Machine and Other Legislation
Amendment
`(6) If the chief executive considers a proposed location for the 1
installation of gaming machines (as shown on the plan of the subject 2
premises accompanying the application, or that plan as amended and 3
resubmitted, or as last amended and resubmitted, under this subsection) is 4
unsuitable, the chief executive must-- 5
(a) by written notice, advise the applicant accordingly; and 6
(b) return the plan to the applicant; and 7
(c) ask the applicant to amend, or further amend, and resubmit, the 8
plan within the time stated in the notice. 9
`(7) In making a recommendation, the chief executive must have regard 10
to any supporting material for the application. 11
`(8) The chief executive must recommend that a gaming machine licence 12
be refused if-- 13
(a) for an application by an individual-- 14
(i) the applicant is not 18; or 15
(ii) the applicant's fingerprints have not been taken under 16
subsection (4) because of the applicant's failure to agree to 17
the action being taken; or 18
(b) for an application by a body corporate--the secretary or an 19
executive officer of the body corporate is not 18; or 20
(c) the chief executive considers the installation and use of gaming 21
machines on the subject premises is likely to affect adversely-- 22
(i) the nature or character of the premises; or 23
(ii) the general use of the premises or the enjoyment of persons 24
using the premises; or 25
(d) the applicant fails to comply with a request of the chief executive 26
under subsection (6)(c) without a reasonable excuse. 27
`(9) The chief executive may recommend that a gaming machine licence 28
be refused if the applicant, or an associate of the applicant, fails to comply 29
with a requirement of the chief executive under subsection (2)(b) without a 30
reasonable excuse. 31
s 13 31 s 13
Gaming Machine and Other Legislation
Amendment
`(10) If the chief executive recommends the grant of a gaming machine 1
licence, the chief executive must advise the commission of the number of 2
gaming machines the chief executive considers are appropriate for the 3
subject premises, or each of the subject premises.6 4
`(11) If the commission has, for an application for a gaming machine 5
licence, delegated its powers to decide the application to the chief executive, 6
the chief executive-- 7
(a) is not required to make a recommendation about the application 8
under this section, or give advice under subsection (9); but 9
(b) must take the action mentioned in subsection (2)(a) and (3) and, if 10
appropriate, subsection (6), and may take the action mentioned in 11
subsection (4), as if the chief executive were dealing with the 12
application for making a recommendation under this section. 13
on application for gaming machine licence 14
`Decision
`40A.(1) Before making a decision to grant, or to refuse to grant, a 15
gaming machine licence, the commission may, by written notice given to 16
the applicant for the licence or an associate of the applicant, require the 17
applicant or associate, within a reasonable time stated in the notice, to give 18
the commission further information or a document that is necessary and 19
reasonable to help the commission make the decision. 20
`(2) In making its decision, the commission must have regard to any 21
supporting material for the application. 22
`(3) The commission may refuse to grant a gaming machine licence if-- 23
(a) the applicant, without a reasonable excuse, fails to comply with-- 24
(i) a requirement of the chief executive under section 40(2)(b); 25
or 26
(ii) a requirement of the commission under subsection (1); or 27
(b) an associate of the applicant, without a reasonable excuse, fails to 28
comply with-- 29
6 Section 40C sets out matters to which the chief executive must, or may, have
regard in giving advice for section 40(8).
s 13 32 s 13
Gaming Machine and Other Legislation
Amendment
(i) a requirement of the chief executive under section 40(2)(b); 1
or 2
(ii) a requirement of the commission under subsection (1). 3
`(4) For an application by a club, the commission must refuse to grant a 4
gaming machine licence if the commission considers-- 5
(a) that the club, including a voluntary association of persons from 6
which it was formed-- 7
(i) has not been operating for at least 2 years before the 8
application was made; or 9
(ii) has not, during the entire period, been pursuing its objects or 10
purposes in good faith; or 11
(b) that payments for the rental or lease of the club's licensed 12
premises are unreasonable; or 13
(c) if a lease, agreement or arrangement made by the club provides 14
that a person or voluntary association of persons is entitled to 15
receive, or may receive, a payment, benefit or advantage during, 16
or at the end of, the lease, agreement or arrangement--that the 17
provision is unreasonable; or 18
(d) if the election of all or any of the members of the club's 19
management committee or board is or may be decided, or 20
controlled or influenced in a significant way or to a significant 21
degree, by persons who are not voting members of the club or by 22
only some voting members of the club--that this is not in the 23
best interests of the club or its members; or 24
(e) if the voting members of the club, taken as a group, do not, for 25
any reason, have complete and sole control over the election of all 26
members of the club's management committee or board--that 27
this is not in the best interests of the club or its members; or 28
(f) if the voting members of the club do not have an equal right to 29
elect persons, and to nominate or otherwise choose persons for 30
election, to the club's management committee or board--that this 31
is not in the best interests of the club or its members; or 32
s 13 33 s 13
Gaming Machine and Other Legislation
Amendment
(g) if the club does not own its licensed premises and an executive 1
officer or employee of the club is also the club's lessor, or an 2
associate of the club's lessor--that this is not in the best interests 3
of the club or its members; or 4
(h) if an executive officer or employee of the club is a creditor, or an 5
associate of a creditor, of the club--that this is not in the best 6
interests of the club or its members; or 7
(i) if the club's management committee or board does not, for any 8
reason, have complete and sole control over the club's business 9
or operations, or a significant aspect of the club's business or 10
operations--that this is not in the best interests of the club or its 11
members; or 12
(j) that the club is being, or may be, used as a device for individual 13
gain or commercial gain by a person other than the club; or 14
(k) that the grant of the licence would not be in the public interest. 15
`(5) Despite subsection (4)(a), the commission may grant a gaming 16
machine licence to a club if the commission considers the grant-- 17
(a) is reasonable because of the club's contractual commitments 18
made in pursuing its objects or purposes; and 19
(b) is necessary to meet the reasonable gaming requirements of the 20
club's members; and 21
(c) is in the public interest. 22
`(6) For subsection (4)(j), a club is not taken to be used as a device for 23
individual or commercial gain merely because it enters into an agreement or 24
arrangement with a person for the supply of goods or services by the 25
person to the club, if the agreement or arrangement-- 26
(a) is entered into on reasonable terms; and 27
(b) is in the best interests of the club and its members. 28
`(7) If the commission grants a gaming machine licence, the gaming 29
machine areas for the premises to which the licence relates are the locations 30
on the premises shown on-- 31
s 13 34 s 13
Gaming Machine and Other Legislation
Amendment
(a) the plan of the premises that accompanied the application for the 1
licence; or 2
(b) the plan mentioned in paragraph (a), as amended and resubmitted, 3
or as last amended and resubmitted, under section 40(6). 4
`(8) If, for an application by an individual, the commission refuses to 5
grant a gaming machine licence, the chief executive must have any 6
fingerprints of the applicant taken for the application destroyed as soon as 7
practicable. 8
`(9) If the commission grants a gaming machine licence, the chief 9
executive must immediately give written notice of the decision to the 10
applicant. 11
`(10) If the commission refuses to grant a gaming machine licence, the 12
chief executive must immediately give the applicant an information notice 13
for the decision. 14
`(11) In this section-- 15
"election", of a member of a club's management committee, includes a 16
matter relating to the election of a member, including, for example, the 17
nomination of a person for election as a member. 18
number of gaming machines 19
`Fixing
`40B.(1) This section applies if the commission decides to grant a 20
gaming machine licence. 21
`(2) The commission must-- 22
(a) if the application relates to single premises only--fix the number 23
of gaming machines that may, for the licence, be installed on the 24
premises; or 25
(b) if the application relates to 2 or more premises--fix, for each of 26
the premises, the number of gaming machines that may, for the 27
licence, be installed on the premises.7 28
7 Section 40C sets out matters to which the commission must, or may, have regard
in fixing a number of gaming machines for licensed premises.
s 13 35 s 13
Gaming Machine and Other Legislation
Amendment
`(3) If the gaming machine licence is to relate to single premises only 1
(the "subject premises"), the number of gaming machines fixed under 2
subsection (2) must not be greater than-- 3
(a) the number sought in the application; or 4
(b) the maximum number prescribed under a regulation for the 5
category of licensed premises to which the subject premises will 6
belong. 7
`(4) If the gaming machine licence is to relate to 2 or more premises-- 8
(a) the number of gaming machines fixed under subsection (2) for 9
particular premises must not be greater than the number sought in 10
the application for the premises; and 11
(b) the total number of gaming machines fixed for both or all the 12
premises must not be greater than the maximum number 13
prescribed under a regulation for category 2 licensed premises. 14
`(5) If the number of gaming machines fixed for premises is equal to the 15
number sought in the application for the premises, the chief executive must 16
immediately give written notice of the decision to the applicant. 17
`(6) If the number of gaming machines fixed for premises is less than 18
the number sought in the application for the premises, the chief executive 19
must immediately give the applicant an information notice for the decision. 20
to be taken into account for advising on or fixing number of 21
`Matters
gaming machines 22
`40C.(1) This section applies to the chief executive in giving advice to the 23
commission under section 40(9). 24
`(2) This section also applies to the commission in fixing, under 25
section 40B, the number of gaming machines that may, for a gaming 26
machine licence, be installed on premises. 27
`(3) The commission or chief executive must have regard to-- 28
(a) the number of gaming machines sought in the application for the 29
gaming machine licence; and 30
(b) any supporting material for the application. 31
s 13 36 s 13
Gaming Machine and Other Legislation
Amendment
`(4) The commission or chief executive also may have regard to-- 1
(a) the liquor consumption on the premises to which the application 2
relates; and 3
(b) the hours and days when the premises are open for the sale of 4
liquor; and 5
(c) the size and layout of, and facilities on, the premises; and 6
(d) the size and layout of the proposed gaming machine areas for the 7
premises; and 8
(e) the anticipated level of gaming on the premises; and 9
(f) for an application by a club--the number of members of the club; 10
and 11
(g) any other matters the commission or chief executive considers 12
relevant. 13
by clubs for additional licensed premises 14
`Application
`41.(1) A club that is a licensee may apply for approval of premises, 15
additional to its existing licensed premises, as premises to which the club's 16
gaming machine licence relates. 17
`(2) The application for approval may be made only for-- 18
(a) premises to which a club liquor licence held by the applicant 19
relates; or 20
(b) if the applicant has made an application for a club liquor licence 21
and the application has not been decided--the premises to which 22
the application for the club liquor licence relates. 23
`(3) The application for approval must-- 24
(a) be in the approved form; and 25
(b) be given to the chief executive; and 26
(c) be signed in the appropriate way; and 27
(d) state the full name, address and date of birth of the secretary and 28
each executive officer of the applicant; and 29
s 13 37 s 13
Gaming Machine and Other Legislation
Amendment
(e) give full particulars of the ownership, and any intended 1
ownership, of the premises to which the application relates (the 2
"additional premises"); and 3
(f) state the number of gaming machines intended to be installed on 4
the additional premises; and 5
(g) be accompanied by-- 6
(i) the required material for the application; and 7
(ii) any fee prescribed under a regulation for the application. 8
`(4) For subsection (3)(c), the application is signed in the appropriate 9
way-- 10
(a) if it is signed by at least 2 executive officers of the applicant 11
authorised to sign by the applicant; or 12
(b) if the chief executive considers that paragraph (a) can not 13
reasonably be complied with--if it is signed in the way the chief 14
executive considers appropriate. 15
`(5) For subsection (3)(g)(i), the required material for the application is-- 16
(a) a copy of the resolution or minute of the proceedings of the 17
governing body of the applicant by which approval was given to 18
the making of the application, certified as a true copy by the 19
secretary of the applicant or another person authorised to certify 20
by the applicant; and 21
(b) a statement stating-- 22
(i) the number of members in each class of membership of the 23
applicant; and 24
(ii) the hours and days when the additional premises are, or are 25
intended to be, open for the sale of liquor; and 26
(c) a statutory declaration by the principal executive officer of the 27
applicant that the rules or by-laws of the applicant-- 28
(i) have been complied with in making the application; and 29
(ii) do not prohibit the playing of gaming machines on the 30
additional premises; and 31
s 13 38 s 13
Gaming Machine and Other Legislation
Amendment
(d) one of the following-- 1
(i) evidence, satisfactory to the chief executive, that the applicant 2
is the holder of a club liquor licence for the additional 3
premises; 4
(ii) a copy of an application for a club liquor licence for the 5
additional premises made by the applicant; and 6
(e) a plan of the additional premises showing the proposed locations 7
for gaming machines intended to be installed on the premises; 8
and 9
(f) an affidavit under section 59;8 and 10
(g) any other documents the chief executive considers necessary and 11
reasonable to enable the application to be decided. 12
by chief executive about additional premises 13
`Recommendation
application 14
`41A.(1) The chief executive must-- 15
(a) consider an additional premises application received by the chief 16
executive; and 17
(b) after considering the application--make a recommendation to the 18
commission that approval of the additional premises, as premises 19
to which the applicant's gaming machine licence relates, be given 20
or refused. 21
`(2) In considering the application, the chief executive-- 22
(a) must conduct investigations the chief executive considers are 23
necessary and reasonable to help the chief executive make a 24
recommendation; and 25
(b) may, by written notice given to the applicant or an associate of the 26
applicant, require the applicant or associate, within a reasonable 27
time stated in the notice, to give the chief executive further 28
8 Section 59 (Disclosure of influential or benefiting parties)
s 13 39 s 13
Gaming Machine and Other Legislation
Amendment
information or a document that is necessary and reasonable to 1
help the chief executive make a recommendation. 2
`(3) Also, in considering the application, the chief executive must 3
assess-- 4
(a) the suitability of the additional premises for the installation and 5
use of gaming machines, having regard to the size and layout of, 6
and facilities on, the premises; and 7
(b) the financial stability and business reputation of the applicant; and 8
(c) the general reputation and character of the secretary and each 9
executive officer of the applicant; and 10
(d) if a person is stated in an affidavit under section 599 as being a 11
person who satisfies a description mentioned in subsection (4)(a) 12
or (b) of that section--the suitability of the person to be an 13
associate of the applicant; and 14
(e) if the chief executive considers it appropriate--the suitability of 15
any other associate of the applicant to be an associate of the 16
applicant. 17
`(4) If the chief executive considers a proposed location for the 18
installation of gaming machines (as shown on the plan of the additional 19
premises accompanying the application, or that plan as amended and 20
resubmitted, or as last amended and resubmitted, under this subsection) is 21
unsuitable, the chief executive must-- 22
(a) by written notice, advise the applicant accordingly; and 23
(b) return the plan to the applicant; and 24
(c) ask the applicant to amend, or further amend, and resubmit, the 25
plan within the time stated in the notice. 26
`(5) In making a recommendation, the chief executive must have regard 27
to any supporting material for the application. 28
9 Section 59 (Disclosure of influential or benefiting parties)
s 13 40 s 13
Gaming Machine and Other Legislation
Amendment
`(6) The chief executive must recommend that approval be refused if-- 1
(a) the chief executive considers the installation and use of gaming 2
machines on the additional premises is likely to affect 3
adversely-- 4
(i) the nature or character of the premises; or 5
(ii) the general use of the premises or the enjoyment of persons 6
using the premises; or 7
(b) the applicant fails to comply with a request of the chief executive 8
under subsection (4)(c) without a reasonable excuse. 9
`(7) The chief executive may recommend that approval be refused if the 10
applicant, or an associate of the applicant, fails to comply with a 11
requirement of the chief executive under subsection (2)(b) without 12
reasonable excuse. 13
`(8) If the chief executive recommends that approval of the additional 14
premises be given, the chief executive must advise the commission of the 15
number of gaming machines the chief executive considers are appropriate 16
for the premises. 17
`(9) For giving advise for subsection (8), the chief executive-- 18
(a) must have regard to the number of gaming machines sought in 19
the application for the additional premises; and 20
(b) must have regard to any supporting material for the application; 21
and 22
(c) may have regard to the same matters, in relation to the additional 23
premises, as the chief executive may, in giving advise for 24
section 40(9), have regard to under section 40C(4), in relation to 25
premises to which an application for a gaming machine licence 26
relates. 27
`(10) If the commission has, in relation to an additional premises 28
application, delegated its powers to decide the application to the chief 29
executive, the chief executive-- 30
(a) is not required to make a recommendation about the application 31
under this section, or give advice under subsection (8); but 32
s 13 41 s 13
Gaming Machine and Other Legislation
Amendment
(b) must take the action mentioned in subsection (2)(a) and (3) and, if 1
appropriate, subsection (4), as if the chief executive were dealing 2
with the application for making a recommendation under this 3
section. 4
on additional premises application 5
`Decision
`41B.(1) The commission may, in relation to an additional premises 6
application, approve or refuse to approve the additional premises as 7
premises to which the applicant's gaming machine licence relates. 8
`(2) Before making its decision, the commission may, by written notice 9
given to the applicant or an associate of the applicant, require the applicant 10
or associate, within a reasonable time stated in the notice, to give the 11
commission further information or a document that is necessary and 12
reasonable to help the commission make the decision. 13
`(3) In making its decision, the commission-- 14
(a) must have regard to any recommendation of the chief executive 15
about the application; and 16
(b) must have regard to any supporting material for the application; 17
and 18
(c) may have regard to the benefits to be offered to members of the 19
applicant at the additional premises and, in particular, whether the 20
benefits are distinct in nature to the benefits offered to the 21
members at the applicant's existing licensed premises (the 22
"existing premises"); and 23
(d) may have regard to any other issues the commission considers 24
relevant. 25
`(4) The commission may approve the additional premises only if-- 26
(a) the additional premises are near the existing premises; and 27
(b) the commission is satisfied that-- 28
(i) it is in the best interests of the applicant's members that the 29
approval be given; and 30
s 13 42 s 13
Gaming Machine and Other Legislation
Amendment
(ii) the giving of the approval is not contrary to the public 1
interest. 2
`(5) The commission may refuse to approve the additional premises if-- 3
(a) the applicant, without a reasonable excuse, fails to comply with-- 4
(i) a requirement of the chief executive under 5
section 41A(2)(b); or 6
(ii) a requirement of the commission under subsection (2); or 7
(b) an associate of the applicant, without a reasonable excuse, fails to 8
comply with-- 9
(i) a requirement of the chief executive under 10
section 41A(2)(b); or 11
(ii) a requirement of the commission under subsection (2). 12
`(6) If the commission approves the additional premises, the chief 13
executive must immediately give written notice of the decision to the 14
applicant. 15
`(7) If the commission refuses to approve the additional premises, the 16
chief executive must immediately give the applicant an information notice 17
for the decision. 18
number of gaming machines for additional premises 19
`Fixing
`41C.(1) This section applies if the commission decides to approve 20
additional premises as premises to which the applicant's gaming machine 21
licence (the "existing licence") relates. 22
`(2) The commission must fix the number of gaming machines that 23
may, for the existing licence, be installed on the additional premises. 24
`(3) The number of gaming machines fixed under subsection (2)-- 25
(a) must not be greater than the number sought in the application; and 26
(b) must be a number that, when added to the approved number, or 27
total approved number, of gaming machines for the existing 28
premises, does not result in a total number of gaming machines 29
s 13 43 s 13
Gaming Machine and Other Legislation
Amendment
that is greater than the maximum number prescribed under a 1
regulation for category 2 licensed premises. 2
`(4) In fixing the number of gaming machines under subsection (2), the 3
commission-- 4
(a) must have regard to any supporting material for the application; 5
and 6
(b) may have regard to the same matters, in relation to the additional 7
premises, as the commission may, in fixing a number of gaming 8
machines for section 40B, have regard to under section 40C(4), in 9
relation to premises to which an application for a gaming machine 10
licence relates. 11
`(5) If the number of gaming machines fixed for the additional premises 12
is equal to the number sought in the additional premises application, the 13
chief executive must immediately give written notice of the decision to the 14
applicant. 15
`(6) If the number of gaming machines fixed for the additional premises 16
is less than the number sought in the additional premises application, the 17
chief executive must immediately give the applicant an information notice 18
for the decision. 19
of gaming machine licence to additional premises 20
`Application
`41D.(1) This section applies if the commission decides to approve 21
additional premises as premises to which the applicant's existing licence 22
relates. 23
`(2) On return of the existing licence to the chief executive, the chief 24
executive must-- 25
(a) amend the licence to cover the additional premises and return the 26
amended licence to the licensee; or 27
(b) if the chief executive does not consider it practicable to amend the 28
licence--issue a replacement gaming machine licence, 29
incorporating the additional premises, to the licensee. 30
`(3) On action being taken by the chief executive under subsection (2)-- 31
(a) the gaming machine licence relates to the additional premises for 32
s 14 44 s 15
Gaming Machine and Other Legislation
Amendment
the number of gaming machines decided by the commission for 1
the premises; and 2
(b) the gaming machine areas for the additional premises are the 3
locations on the premises shown on-- 4
(i) the plan of the additional premises that accompanied the 5
additional premises application; or 6
(ii) the plan mentioned in subparagraph (i), as amended and 7
resubmitted, or as last amended and resubmitted, under 8
section 41A(4); and 9
(c) the gaming machine licence continues to have effect in relation to 10
the existing premises in the way the licence had effect in relation 11
to the premises immediately before the action was taken.'. 12
of s 42 (Changes in circumstances of applicants for and 13
Amendment
holders of licences) 14
Clause 14.(1) Section 42, heading-- 15
omit, insert-- 16
`Changes in circumstances of applicants for gaming machine licences 17
and licensees generally'. 18
(2) Section 42(3)(b)(iii)-- 19
omit, insert-- 20
`(iii) if the holder is a body corporate--is affected by control 21
action under the Corporations Law; or'. 22
of new s 42A 23
Insertion
Clause 15. After section 42-- 24
insert-- 25
in circumstances of licensees of category 2 licensed premises 26
`Changes
`42A.(1) This section applies to a licensee of category 2 licensed 27
premises, in relation to the premises, if-- 28
s 15 45 s 15
Gaming Machine and Other Legislation
Amendment
(a) a lease, agreement or arrangement made by the licensee about the 1
premises was in existence at the relevant time; and 2
(b) the lease, agreement or arrangement-- 3
(i) provided for payments for the rental or lease of the 4
premises; or 5
(ii) provided that a person was entitled to receive, or may 6
receive, a payment of another kind, or a benefit or advantage; 7
and 8
(c) there is a material change affecting the provisions mentioned in 9
paragraph (b). 10
`(2) The licensee must, within 7 days after the change, give written notice 11
of the change to the chief executive. 12
Maximum penalty--40 penalty units. 13
`(3) For subsection (1)(a), the relevant time, for the licensee of the 14
category 2 licensed premises, is-- 15
(a) the time the licensee became the licensee of the premises; or 16
(b) if appropriate, the time the gaming machine licence held by the 17
licensee for the premises was renewed, or last renewed. 18
`(4) For subsection (1)(c), there is a material change affecting the lease, 19
agreement or arrangement mentioned in the subsection if-- 20
(a) if subsection (1)(b)(i) applies-- 21
(i) a change happens affecting the amount or frequency of the 22
payments or the period for which the payments are required 23
to be made; or 24
(ii) the person entitled to receive the payments changes; or 25
(b) if subsection (1)(b)(ii) applies-- 26
(i) a change happens affecting the amount of the payment, or 27
the nature or extent of the benefit or advantage; or 28
(ii) the person entitled to receive, or who may receive, the 29
payment, benefit or advantage changes.'. 30
s 16 46 s 17
Gaming Machine and Other Legislation
Amendment
of s 43 (Issue of gaming machine licences) 1
Amendment
Clause 16.(1) Section 43, heading, after `licences'-- 2
insert-- 3
`generally'. 4
(2) Section 43(2)-- 5
omit, insert-- 6
`(2) The gaming machine licence must be in the approved form, which 7
must provide for the inclusion of the following particulars-- 8
(a) the name of the licensee; 9
(b) the location of the premises, or each of the premises, to which the 10
licence relates; 11
(c) the expiry date of the licence; 12
(d) any conditions of the licence imposed under section 48(1)(b).'. 13
of new s 44 14
Insertion
Clause 17. After section 43-- 15
insert-- 16
of amalgamated gaming machine licences to clubs 17
`Issue
`44.(1) This section applies if, at its commencement, a club holds more 18
than 1 gaming machine licence, each for separate premises. 19
`(2) Within 1 month after the commencement, the chief executive must 20
issue a single, fresh gaming machine licence (an "amalgamated licence") 21
to the licensee to replace the gaming machine licences held by the licensee at 22
the commencement (the "superseded licences"). 23
`(3) The amalgamated licence-- 24
(a) is to relate to each of the premises that, at the commencement, 25
were licensed premises of the licensee; and 26
(b) for its application to particular premises--has the same effect for 27
all purposes as the superseded licence had for the premises. 28
s 18 47 s 18
Gaming Machine and Other Legislation
Amendment
`(4) The amalgamated licence must be in the approved form, which must 1
provide for the inclusion of the following particulars-- 2
(a) the name of the licensee; 3
(b) the location of each of the premises to which the licence relates; 4
(c) the date of issue of the licence; 5
(d) the expiry date of the licence; 6
(e) any conditions of the licence (other than conditions applying 7
because of section 48(1)(a)). 8
`(5) Despite subsection (3)(b), the date to be stated in the amalgamated 9
licence as the expiry date is the date that is the later or latest superseded 10
expiry date. 11
`(6) A condition to be stated in the amalgamated licence must be a 12
condition to the same effect as a condition stated in a superseded licence. 13
`(7) On the issue of the amalgamated licence to the licensee, each 14
superseded licence held by the licensee is cancelled. 15
`(8) Within 14 days after receiving the amalgamated licence, the licensee 16
must return each superseded licence in the licensee's possession to the chief 17
executive. 18
Maximum penalty--40 penalty units. 19
`(9) In this section-- 20
"superseded expiry date" means the date stated in a superseded licence as 21
the expiry date of the licence.'. 22
of s 45 (Gaming machine licences to be displayed) 23
Amendment
Clause 18.(1) Section 45, from `A licensee' to `machine licence'-- 24
omit, insert-- 25
`If a licensee's gaming machine licence relates to single premises only, 26
the licensee must display the licensee's licence'. 27
(2) Section 45-- 28
insert-- 29
s 19 48 s 20
Gaming Machine and Other Legislation
Amendment
`(2) If a licensee's gaming machine licence relates to 2 or more premises, 1
the licensee must display a copy of the licence in a conspicuous position in 2
each of the premises. 3
Maximum penalty--40 penalty units.'. 4
of s 47 (Term of gaming machine licences) 5
Amendment
Clause 19. Section 47(1), `2 years'-- 6
omit, insert-- 7
`5 years'. 8
of s 51 (Renewal and continuance of gaming machine 9
Amendment
licences) 10
Clause 20. Section 51(5) and (6)-- 11
omit, insert-- 12
`(5) If a licensee complies with this section, the chief executive must 13
renew the licence for 5 years starting on-- 14
(a) if an extension was not given under subsection (3)--the day after 15
its last expiry; or 16
(b) if an extension was given under subsection (3)--the day after the 17
day it would have last expired apart from the extension. 18
`(6) If an application under subsection (1) is refused, the chief executive 19
must immediately give the applicant written notice of, and the reasons for, 20
the decision. 21
`(7) If a gaming machine licence is not renewed, the chief executive 22
must, as soon as practicable after the expiry of the licence, give written 23
notice of the expiry to any licensed operator the chief executive believes 24
was, immediately before the expiry, supplying basic monitoring services to 25
the person who held the licence. 26
`(8) Subsection (7) applies to a non-renewal whether or not it follows the 27
making of an application for renewal.'. 28
s 21 49 s 21
Gaming Machine and Other Legislation
Amendment
of ss 5557 1
Replacement
Clause 21. Sections 55 to 57-- 2
omit, insert-- 3
of rented gaming machines 4
`Removal
`55.(1) This section applies to gaming machines on licensed premises 5
only if the gaming machines are rented gaming machines. 6
`(2) The chief executive may at any time remove from licensed premises 7
any or all of the gaming machines on the premises and provide the licensee 8
with another gaming machine or other gaming machines. 9
`(3) If the commission approves a decrease in the approved number of 10
gaming machines for licensed premises, the chief executive must remove 11
from the premises the number of gaming machines stated for the decrease. 12
`(4) If a gaming machine licence is cancelled, or is not renewed, the chief 13
executive must remove the gaming machines from the premises to which 14
the licence related. 15
`(5) Subsection (4) applies to a non-renewal whether or not it follows the 16
making of an application for renewal. 17
`(6) For removing gaming machines from premises under 18
subsection (2), (3) or (4), or providing gaming machines to a licensee under 19
subsection (2), the chief executive may decide the gaming machine type, 20
game, gaming token denomination and betting unit for the machines. 21
`Directions to licensees about authorised gaming machines 22
`55A.(1) The chief executive may direct a licensee to alter an authorised 23
gaming machine of the licensee to change the game that may be played on 24
the machine. 25
`(2) However, the chief executive may give a direction about a gaming 26
machine only if-- 27
(a) the chief executive reasonably believes-- 28
(i) the machine malfunctions when it is being used; and 29
s 21 50 s 21
Gaming Machine and Other Legislation
Amendment
(ii) the making of the proposed alteration will stop the 1
malfunctioning; and 2
(iii) that, if the proposed alteration is not made, the continued use 3
of the machine may compromise proper standards of 4
integrity affecting gaming or adversely affect the public 5
interest in some other way; or 6
(b) the game that may be played on the machine is not a game 7
approved under section 146.10 8
`(3) A direction must-- 9
(a) be in writing; and 10
(b) state the grounds on which it is given; and 11
(c) state when the licensee to whom it is given is required to comply 12
with the direction. 13
`(4) A licensee to whom a direction is given must comply with the 14
direction, unless the licensee has a reasonable excuse. 15
Maximum penalty for subsection (4)--200 penalty units. 16
to increase approved number of gaming machines 17
`Application
`56.(1) A licensee may apply to have the approved number of gaming 18
machines for licensed premises of the licensee increased. 19
`(2) An application must-- 20
(a) be in the approved form; and 21
(b) be given to the chief executive; and 22
(c) be signed in the same way an application for a gaming machine 23
licence is required to be signed;11 and 24
(d) if the licensee's gaming machine licence relates to 2 or more 25
premises--state the premises to which the application relates; and 26
10 Section 146 (Acceptance by chief executive of gaming machines and games for
evaluation)
11 See section 39(3)(b) and (c) and (5).
s 21 51 s 21
Gaming Machine and Other Legislation
Amendment
(e) state the number of gaming machines sought under the increase; 1
and 2
(f) state the approved number of gaming machines that would apply 3
to the licensed premises if the increase were to be approved; and 4
(g) if appropriate, be accompanied by an application under section 58; 5
and 6
(h) be accompanied by any fee prescribed under a regulation for the 7
application. 8
by chief executive about increase application 9
`Recommendation
`56A.(1) The chief executive must-- 10
(a) consider an increase application received by the chief executive; 11
and 12
(b) after considering the application--make a recommendation to the 13
commission about the application.12 14
`(2) The recommendation must be a recommendation that-- 15
(a) approval for the increase sought in the application be given; or 16
(b) approval be given for an increase that is less than the increase 17
sought in the application; or 18
(c) approval for an increase be refused. 19
`(3) In considering an increase application, the chief executive may, by 20
written notice given to the applicant, require the applicant, within a 21
reasonable time stated in the notice, to give the chief executive further 22
information or a document that is necessary and reasonable to help the chief 23
executive make a recommendation. 24
`(4) The chief executive may recommend that approval for an increase be 25
refused if the applicant fails to comply with a requirement of the chief 26
executive under subsection (3) without a reasonable excuse. 27
12 Section 56C sets out matters to which the chief executive must, or may, have
regard in making a recommendation about an increase application.
s 21 52 s 21
Gaming Machine and Other Legislation
Amendment
`(5) The chief executive is not required to make a recommendation about 1
an increase application under this section if the commission has delegated 2
its powers under section 56B in relation to the application to the chief 3
executive. 4
on increase application 5
`Decision
`56B.(1) The commission may, in relation to an increase application-- 6
(a) approve, by a stated number, an increase in the approved number 7
of gaming machines for the licensed premises of the licensee; or 8
(b) refuse to approve an increase in the approved number. 9
`(2) Before making its decision, the commission may, by written notice 10
given to the applicant, require the applicant, within a reasonable time stated 11
in the notice, to give the commission further information or a document that 12
is necessary and reasonable to help the commission make the decision. 13
`(3) In making its decision, the commission must have regard to any 14
recommendation of the chief executive about the application.13 15
`(4) The commission may refuse to approve an increase if the applicant, 16
without a reasonable excuse, fails to comply with-- 17
(a) a requirement of the chief executive under section 56A(3); or 18
(b) a requirement of the commission under subsection (2). 19
`(5) If the commission approves an increase that is equal to the increase 20
sought in the application, the chief executive must immediately give written 21
notice of the decision to the licensee. 22
`(6) If the commission refuses to approve an increase, or approves an 23
increase that is less than the increase sought in the application, the chief 24
executive must immediately give the licensee an information notice for the 25
decision. 26
13 Section 56C sets out other matters to which the commission must, or may, have
regard in deciding an increase application.
s 21 53 s 21
Gaming Machine and Other Legislation
Amendment
to be taken into account for increase application 1
`Matters
`56C.(1) This section applies to the chief executive in making a 2
recommendation to the commission about an increase application. 3
`(2) This section also applies to the commission in deciding an increase 4
application. 5
`(3) The commission or chief executive must have regard to-- 6
(a) the increased number of gaming machines sought in the 7
application; and 8
(b) any supporting material for the application. 9
`(4) The commission or chief executive also may have regard to-- 10
(a) the liquor consumption on the premises to which the application 11
relates; and 12
(b) the monthly taxable metered win of gaming machines currently 13
operated on the premises; and 14
(c) the hours and days when the premises are open for the sale of 15
liquor; and 16
(d) the size and layout of, and facilities on, the premises, together 17
with any proposed changes to, or relocation of, the gaming 18
machine areas of the premises; and 19
(e) any other matters the commission or chief executive considers 20
relevant. 21
increase number of gaming machines 22
`Fixing
`56D.(1) This section applies for the giving of an approval by the 23
commission under section 56B(1) for an increase in the approved number 24
of gaming machines for licensed premises of a licensee. 25
`(2) The number (the "increase number") fixed by the commission as 26
the number by which the approved number is to be increased must not be 27
greater than the number of gaming machines sought in the relevant 28
application. 29
s 21 54 s 21
Gaming Machine and Other Legislation
Amendment
`(3) Also, if the licensee's gaming machine licence relates to single 1
premises only (the "licensee's premises"), the increase number must be a 2
number that, when added to the current approved number of gaming 3
machines for the premises, does not result in a total number of gaming 4
machines that is greater than the maximum number prescribed under a 5
regulation for the category of licensed premises to which the licensee's 6
premises belong. 7
`(4) Also, if the licensee's gaming machine licence relates to 2 or more 8
premises, the increase number must be a number that, when added to the 9
current, total approved number of gaming machines for both or all the 10
premises, does not result in a total number of gaming machines that is 11
greater than the maximum number prescribed under a regulation for 12
category 2 licensed premises. 13
to decrease approved number of gaming machines 14
`Proposals
`57.(1) A licensee may apply to have the approved number of gaming 15
machines for licensed premises of the licensee decreased. 16
`(2) An approved authority may request that the approved number of 17
gaming machines for licensed premises of a licensee be decreased. 18
`(3) An inspector may make a report-- 19
(a) relating to a material change affecting a licensee that has happened 20
since the licensee was granted a gaming machine licence; and 21
(b) recommending that the approved number of gaming machines 22
for the licensee's licensed premises be decreased. 23
`(4) An application, request or report must-- 24
(a) be in writing; and 25
(b) be given to the chief executive; and 26
(c) state, by reference to a number, the decrease applied for, 27
requested or recommended; and 28
(d) state the approved number of gaming machines that would apply 29
to the licensed premises if the decrease were to be approved; and 30
s 21 55 s 21
Gaming Machine and Other Legislation
Amendment
(e) for an application--if appropriate, be accompanied by an 1
application under section 58. 2
`(5) For subsection (3), a change is a material change affecting a licensee 3
if the change is-- 4
(a) a general change of conditions in the neighbourhood in which the 5
licensee's licensed premises are situated; or 6
(b) a change in the licensee's circumstances; or 7
(c) a change in any of the matters mentioned in section 40C(4)14 8
relating to the licensee or licensee's licensed premises. 9
by chief executive about decrease proposal 10
`Recommendation
`57A.(1) The chief executive must-- 11
(a) consider a decrease proposal received by the chief executive; and 12
(b) after considering the proposal--make a recommendation to the 13
commission about the proposal.15 14
`(2) The recommendation must be a recommendation that-- 15
(a) approval for the decrease sought or recommended in the proposal 16
be given; or 17
(b) approval be given for a decrease that is less than the decrease 18
sought or recommended in the proposal; or 19
(c) approval for a decrease be refused. 20
`(3) If the decrease proposal is a request or report, the chief executive 21
must, before making a recommendation-- 22
(a) by written notice given to the licensee affected by the proposal, 23
advise the licensee of the relevant details of the proposal; and 24
14 Section 40C (Matters to be taken into account for advising on or fixing number
of gaming machines)
15 Section 57C sets out the matters to which the chief executive must, or may,
have regard in making a recommendation about a decrease proposal.
s 21 56 s 21
Gaming Machine and Other Legislation
Amendment
(b) by the notice, invite the licensee to make a written submission 1
about the proposal within a reasonable time stated in the notice; 2
and 3
(c) consider any written submission of the licensee received by the 4
chief executive within the time stated in the notice. 5
`(4) The chief executive's recommendation must be accompanied by any 6
submission required to be considered by the chief executive under 7
subsection (3)(c). 8
`(5) If the commission has delegated its powers under section 57B in 9
relation to a decrease proposal to the chief executive, the chief executive-- 10
(a) is not required to make a recommendation about the proposal 11
under this section; but 12
(b) must take the action mentioned in subsection (3) as if the chief 13
executive were dealing with the proposal for making a 14
recommendation under this section. 15
on decrease proposal 16
`Decision
`57B.(1) The commission may, in relation to a decrease proposal-- 17
(a) approve, by a stated number, a decrease in the approved number 18
of gaming machines for the licensed premises of the licensee; or 19
(b) refuse to approve a decrease in the approved number. 20
`(2) In making its decision, the commission must have regard to-- 21
(a) any recommendation of the chief executive about the proposal; 22
and 23
(b) any submission accompanying the recommendation.16 24
`(3) If the decrease proposal is an application, the commission-- 25
(a) must not refuse to approve a decrease if the refusal is likely to 26
impose an unreasonable financial burden on the licensee; and 27
16 Section 57C sets out other matters to which the commission must, or may, have
regard in deciding a decrease proposal.
s 21 57 s 21
Gaming Machine and Other Legislation
Amendment
(b) may not approve a decrease that is greater than the decrease 1
sought in the application. 2
`(4) If the decrease proposal is a request or report, the commission may 3
not approve a decrease if the approval is likely to impose an unreasonable 4
financial burden on the licensee. 5
`(5) If the commission approves a decrease in the approved number of 6
gaming machines for licensed premises of a licensee and the gaming 7
machines on the licensed premises are privately acquired gaming machines, 8
the chief executive must approve the way in which the gaming machines the 9
subject of the decrease may be disposed of. 10
`(6) An approval under subsection (5) may provide for the disposal of 11
the gaming machines either-- 12
(a) by the sale of the machines to-- 13
(i) another licensee; or 14
(ii) a licensed operator, approved financier, licensed service 15
contractor, licensed repairer or gaming trainer; or 16
(b) by the destruction of the machines. 17
`(7) The chief executive must immediately give written notice of a 18
decision of the commission under subsection (1) to the licensee if-- 19
(a) the decision relates to an application and is a decision approving a 20
decrease that is equal to the decrease sought in the application; or 21
(b) the decision relates to a request or report and is a decision 22
refusing to approve a decrease. 23
`(8) The chief executive must immediately give the licensee an 24
information notice for a decision of the commission under subsection (1) 25
if-- 26
(a) the decision relates to an application and is a decision-- 27
(i) refusing to approve a decrease; or 28
(ii) approving a decrease that is less than the decrease sought in 29
the application; or 30
(b) the decision relates to a request or report and is a decision 31
approving a decrease. 32
s 21 58 s 21
Gaming Machine and Other Legislation
Amendment
`(9) A notice under subsection (7) or (8) must include notice of, or be 1
accompanied by written notice of, any relevant approval of the chief 2
executive under subsection (5). 3
to be taken into account for decrease proposal 4
`Matters
`57C.(1) This section applies to the chief executive in making a 5
recommendation to the commission about a decrease proposal. 6
`(2) This section also applies to the commission in deciding a decrease 7
proposal. 8
`(3) The commission or chief executive must have regard to the decrease 9
sought or recommended in the proposal. 10
`(4) The commission or chief executive also may have regard to the 11
following matters-- 12
(a) the public interest; 13
(b) whether or not there are any other licensed premises in close 14
proximity to the licensed premises to which the decrease proposal 15
relates (the "subject premises"); 16
(c) the interests of persons using the subject premises; 17
(d) if the licensee of the subject premises is a club-- 18
(i) the interests of the members of the club; and 19
(ii) whether or not the members have indicated support for a 20
decrease in the approved number of gaming machines for 21
the premises. 22
or disposal of gaming machines on approval of decrease 23
`Surrender
`57D.(1) This section applies if the commission approves a decrease in 24
the approved number of gaming machines for licensed premises. 25
`(2) If the gaming machines on the licensed premises are rented gaming 26
machines, the licensee must, within the required time, surrender the number 27
of gaming machines stated for the decrease-- 28
(a) to the chief executive; or 29
s 22 59 s 23
Gaming Machine and Other Legislation
Amendment
(b) if the chief executive, by written notice given to the licensee, 1
designates another person as the person to whom the gaming 2
machines are to be surrendered--to the other person. 3
Maximum penalty--200 penalty units. 4
`(3) If the gaming machines on the licensed premises are privately 5
acquired gaming machines, the licensee must, within the required time, 6
dispose of the number of gaming machines stated for the decrease.17 7
Maximum penalty--200 penalty units. 8
`(4) For subsections (2) and (3), the required time for taking action under 9
the relevant subsection is-- 10
(a) the period ending 1 month after the licensee receives notice of the 11
decision approving the decrease; or 12
(b) if the chief executive extends, or further extends, the period for 13
taking the action, by written notice given to the licensee in the 14
period or extended period--the period as extended. 15
`(5) The chief executive may give an extension for subsection (4)(b) only 16
if the chief executive considers it is appropriate to take the action in the 17
circumstances of the particular case.'. 18
of s 58 (Relocation of gaming machine areas) 19
Amendment
Clause 22. Section 58(4)(a)-- 20
omit, insert-- 21
`(a) the commission approves a decrease in the approved number of 22
gaming machines for licensed premises; or'. 23
of s 59 (Disclosure of influential or benefiting parties) 24
Amendment
Clause 23.(1) Section 59(1)-- 25
17 Section 57D(3) does not deal with the issue of the disposal of privately acquired
gaming machines contrary to an approval. However, in this regard, see
sections 135 (Manufacture, sale, supply, obtaining or possession of gaming
machines) and 142A (Destruction of gaming machines).
s 24 60 s 24
Gaming Machine and Other Legislation
Amendment
omit, insert-- 1
`(1) An applicant for a gaming machine licence, or a licensee who applies 2
for a renewal of a gaming machine licence or makes an additional premises 3
application, must, at the time of making the application, give the chief 4
executive an affidavit under this section.'. 5
(2) Section 59(3)(a)-- 6
omit, insert-- 7
`(a) if the applicant or licensee is an individual--the applicant; or'. 8
(3) Section 59(3)(b), words before subparagraph (i)-- 9
omit, insert-- 10
`(b) if the applicant or licensee is a body corporate--'. 11
(4) Section 59(4)(a)(i) and (ii)-- 12
omit, insert-- 13
`(i) if the applicant or licensee is an individual--by the applicant; 14
or 15
(ii) if the applicant or licensee is a body corporate--by the body 16
corporate, or the secretary or an executive officer of the body 17
corporate;'. 18
(5) Section 59(4)(c)(i), `a natural person'-- 19
omit, insert-- 20
`an individual'. 21
of s 62 (Surrender of gaming machine licences) 22
Amendment
Clause 24.(1) Section 62(2), `or executed'-- 23
omit. 24
(2) Section 62(5) and (6)-- 25
omit, insert-- 26
`(5) As soon as practicable after receiving the documents mentioned in 27
subsection (1), the chief executive must-- 28
s 24 61 s 24
Gaming Machine and Other Legislation
Amendment
(a) if the gaming machines on the licensee's licensed premises are 1
rented gaming machines--remove the gaming machines from the 2
premises; or 3
(b) if the gaming machines on the licensee's licensed premises are 4
privately acquired gaming machines--by written notice given to 5
the licensee, approve the way in which the gaming machines may 6
be disposed of. 7
`(6) Also, the chief executive must, as soon as practicable after receiving 8
the documents mentioned in subsection (1), give written notice of the 9
notification of surrender to any licensed operator the chief executive believes 10
is supplying basic monitoring services to the licensee. 11
`(7) An approval under subsection (5)(b) may provide for the disposal of 12
the gaming machines either-- 13
(a) by the sale of the machines to-- 14
(i) another licensee; or 15
(ii) a licensed operator, approved financier, licensed service 16
contractor, licensed repairer or gaming trainer; or 17
(b) by the destruction of the machines. 18
`(8) A licensee to whom notice of an approval is given under 19
subsection (5)(b) must dispose of the gaming machines on the licensee's 20
licensed premises-- 21
(a) within 1 month after receiving the notice; or 22
(b) if the chief executive extends, or further extends, the period for 23
the disposal, by written notice given to the licensee in the period 24
or extended period--within the period as extended.18 25
Maximum penalty--200 penalty units. 26
`(9) The chief executive may give an extension for subsection (8)(b) only 27
18 Section 62(8) does not deal with the issue of the disposal of privately acquired
gaming machines contrary to an approval. However, in this regard, see
sections 135 (Manufacture, sale, supply, obtaining or possession of gaming
machines) and 142A (Destruction of gaming machines).
s 25 62 s 25
Gaming Machine and Other Legislation
Amendment
if the chief executive considers it is appropriate to take the action in the 1
circumstances of the particular case. 2
`(10) The surrender of the gaming machine licence takes effect on the 3
later of the following-- 4
(a) the nominated day for the surrender of the licence; 5
(b) the day immediately after the day that is the clearance day for the 6
surrender of the licence. 7
`(11) In this section-- 8
"clearance day", for the surrender of a gaming machine licence, means-- 9
(a) if the gaming machines on the licensee's licensed premises are 10
rented gaming machines--the day the chief executive removes 11
the gaming machines from the premises for the surrender; or 12
(b) if the gaming machines on the licensee's licensed premises are 13
privately acquired gaming machines--the day on which the chief 14
executive becomes satisfied the licensee has disposed of the 15
gaming machines for the surrender. 16
"nominated day", for the surrender of a gaming machine licence, 17
means-- 18
(a) if paragraph (b) or (c) does not apply--the day (the "set day") 19
that is 3 months after the notification of surrender is given; or 20
(b) if a day of effect that is later than the set day is stated in the 21
notification of surrender--the day stated in the notification; or 22
(c) if, at the request of the licensee, the chief executive, by written 23
notice, approves a day of effect that is earlier than the set day--the 24
day approved by the chief executive.'. 25
of s 63 (Cancellation or suspension of gaming machine 26
Replacement
licences in certain circumstances) 27
Clause 25. Section 63-- 28
omit, insert-- 29
s 26 63 s 26
Gaming Machine and Other Legislation
Amendment
affecting gaming machine licences based on action affecting 1
`Action
liquor licences 2
`63.(1) If a liquor licence is cancelled, transferred or surrendered, any 3
associated gaming licence is cancelled. 4
`(2) If a liquor licence is suspended, any associated gaming licence is 5
suspended for the same period as the liquor licence is suspended. 6
`(3) However, if an associated gaming licence relates to 2 or more 7
premises, subsections (1) and (2) apply to the licence only to the extent it 8
relates to the premises to which the liquor licence relates or related. 9
`(4) If the premises to which a liquor licence relates (the "subject 10
premises") are taken to be unlicensed premises under the Liquor Act 1992 11
and there is an associated gaming licence for the liquor licence, the 12
premises, or the part of the premises to which the associated gaming licence 13
relates, are taken not to be licensed premises under this Act for the same 14
period as the subject premises are taken to unlicensed premises under the 15
Liquor Act 1992. 16
`(5) In this section-- 17
"associated gaming licence", for a liquor licence, means a gaming 18
machine licence for the premises, or a part of the premises, to which 19
the liquor licence relates.'. 20
of s 64 (Cancellation or suspension of gaming machine 21
Amendment
licences and letters of censure) 22
Clause 26.(1) Section 64(1)(a)-- 23
insert-- 24
`(vii)fails to take all reasonable steps to establish and maintain 25
satisfactory controls, and administrative and accounting 26
procedures, for the conduct of gaming in carrying on the 27
licensee's operations; or'. 28
(2) Section 64(1)(b)(iii)-- 29
omit, insert-- 30
s 26 64 s 26
Gaming Machine and Other Legislation
Amendment
`(iii) is affected by control action under the Corporations Law; 1
or'. 2
(3) Section 64(1)(b)-- 3
insert-- 4
`(vii)contravenes a provision of this Act (not being a provision a 5
contravention of which is an offence against this Act, or a 6
provision imposing a requirement of a kind mentioned in 7
subparagraph (v) or (vi)); or'. 8
(4) Section 64(1)(c)(iv), `section 40(2)'-- 9
omit, insert-- 10
`section 40(1)'. 11
(5) Section 64(1)(c)(v)(C) to (G)-- 12
omit, insert-- 13
`(C) that the club has not been pursuing its objects or 14
purposes in good faith; or'. 15
(6) Section 64(1)(c)(v)-- 16
insert-- 17
`(L) that a matter mentioned in a paragraph of 18
section 40A(4) 19 (other than paragraph (a)) exists in 19
relation to the club.'. 20
(7) Section 64(3)-- 21
omit, insert-- 22
`(3) The chief executive must give a copy of the notice to show cause to 23
each person the chief executive believes is an interested person of the 24
licensee. 25
`(3A) Also, the chief executive may, by the notice to show cause-- 26
(a) require the licensee, within the period stated in the notice, to give a 27
copy of the notice to each interested person of the licensee (other 28
19 Section 40A (Decision on application for gaming machine licence)
s 26 65 s 26
Gaming Machine and Other Legislation
Amendment
than an interested person to whom a copy of the notice is given 1
under subsection (3)); and 2
(b) if the chief executive considers it appropriate--require the licensee 3
to give the copy in the way the chief executive considers 4
appropriate.'. 5
(8) Section 64(4) and (5), after `notice'-- 6
insert-- 7
`to show cause'. 8
(9) Section 64-- 9
insert-- 10
`(5A) If the chief executive makes a requirement of the licensee under 11
subsection (3A)(a) about an indirectly interested person of the licensee, the 12
chief executive may, at the licensee's request, by written notice given to the 13
licensee, designate the person to be an excluded interested person for the 14
licensee. 15
`(5B) However, the chief executive may designate a person to be an 16
excluded interested person for the licensee only if the chief executive 17
considers it would not be appropriate, or would be unreasonable, in the 18
circumstances to require the licensee to give a copy of the notice to show 19
cause to the person, having regard to the following issues-- 20
(a) the nature of the person's interest; 21
(b) the likelihood of the person's interest not being affected adversely 22
by a suspension or cancellation of the gaming machine licence; 23
(c) the likelihood of the licensee's interest being improperly 24
prejudiced; 25
(d) another issue the chief executive considers relevant. 26
`(5C) If a requirement is made of the licensee under subsection (3A), the 27
licensee must comply with the requirement, unless-- 28
(a) the licensee has a reasonable excuse; or 29
(b) the interested person to whom the requirement relates is an 30
excluded interested person for the licensee. 31
s 26 66 s 26
Gaming Machine and Other Legislation
Amendment
Maximum penalty--40 penalty units.'. 1
(10) Section 64(6), after `notice', first mention-- 2
insert-- 3
`to show cause'. 4
(11) Section 64(7), `a copy notice is issued under subsection (3)'-- 5
omit, insert-- 6
`a copy of the notice to show cause is given, or is required to be given, 7
under this section'. 8
(12) Section 64(8)(a), after `to the notice'-- 9
insert-- 10
`and, by written notice, is to advise the licensee accordingly'. 11
(13) Section 64-- 12
insert-- 13
`(12A) If the commission gives a direction to the licensee under 14
subsection (12)(c) and the licensee fails to comply with the direction within 15
the time stated in the relevant notice, the commission may-- 16
(a) cancel the gaming machine licence; or 17
(b) suspend the gaming machine licence for the period the 18
commission considers appropriate. 19
`(12B) If, under subsection (12), the commission decides to take no 20
action about a gaming machine licence, the chief executive must 21
immediately give the licensee written notice of the decision.'. 22
(14) Section 64(16), after `subsection (12)(d)'-- 23
insert-- 24
`or (12A)'. 25
(15) Section 64-- 26
insert-- 27
`(17) In this section-- 28
s 27 67 s 27
Gaming Machine and Other Legislation
Amendment
"directly interested person", for a licensee, means-- 1
(a) an approved financier with whom the licensee has entered into an 2
agreement or arrangement relating to operations conducted by the 3
licensee under the licensee's gaming machine licence; or 4
(b) a secured creditor of the licensee; or 5
(c) if the licensee is a club--a member of the club. 6
"excluded interested person", for a licensee, means an indirectly 7
interested person of the licensee designated by the chief executive to be 8
an excluded interested person for the licensee. 9
"indirectly interested person", for a licensee, means a person the licensee 10
knows, or ought reasonably to know, has an interest in the licensee's 11
gaming machine licence, but does not include a directly interested 12
person of the licensee. 13
"interested person", for a licensee, means a directly or indirectly interested 14
person of the licensee.'. 15
of s 65 (Suspension of gaming machine licence pending 16
Amendment
decision under s 64) 17
Clause 27.(1) Section 65, heading-- 18
omit, insert-- 19
`Immediate suspension of gaming machine licence'. 20
(2) Section 65(1), words after `licence'-- 21
omit. 22
(3) Section 65-- 23
insert-- 24
`(5) The suspension of a gaming machine licence under this section 25
continues to have effect until the notice to show cause issued to the licensee 26
by the chief executive in complying with subsection (4) is finally dealt 27
with.'. 28
s 28 68 s 28
Gaming Machine and Other Legislation
Amendment
of new s 65A 1
Insertion
Clause 28. After section 65-- 2
insert-- 3
of gaming machine licence for non-payment of monthly 4
`Suspension
fees, gaming tax or penalty 5
`65A.(1) This section applies if the amount (the "required amount") a 6
licensee is, under section 170(1),20 required to ensure is received by the 7
chief executive for a month is not received by the chief executive on or 8
before the due date for payment of the amount. 9
`(2) This section also applies if the amount of an instalment (also the 10
"required amount") a licensee is, because of a direction given to the 11
licensee under section 170(1A), required to ensure is received by the chief 12
executive is not received by the chief executive on or before the due date for 13
payment of the amount. 14
`(3) The chief executive may suspend the licensee's gaming machine 15
licence. 16
`(4) The suspension-- 17
(a) must be effected by written notice (a "suspension notice") given 18
to the licensee with a notice to show cause (an "associated show 19
cause notice") issued to the licensee under section 64(2); and 20
(b) operates immediately the suspension notice is given; and 21
(c) continues to operate until the associated show cause notice is 22
finally dealt with. 23
`(5) The associated show cause notice must be a notice for which the 24
ground for cancellation or suspension on which the notice is based is the 25
ground that the licensee has failed to comply with section 170, and the 26
ground must relate to the same omission as the suspension under 27
subsection (1) relates. 28
`(6) Despite subsection (4)(c), if, before the associated show cause notice 29
is finally dealt with, the outstanding amount for the required amount is 30
received by the chief executive, or arrangements for payment of the 31
20 Section 170 (Payment of monthly fees, taxes etc.)
s 29 69 s 29
Gaming Machine and Other Legislation
Amendment
outstanding amount satisfactory to the chief executive are entered into 1
between the chief executive and licensee, the suspension of the gaming 2
machine licence is cancelled. 3
`(7) The cancellation of a suspension under subsection (6) takes effect on 4
receipt by the chief executive of the outstanding amount, or the entering into 5
of the arrangements for payment of the outstanding amount. 6
`(8) In this section-- 7
"due date for payment", for the required amount mentioned in 8
subsection (1), means-- 9
(a) the day on or before which the amount is, under section 170(1), 10
required to be received by the chief executive; or 11
(b) if the chief executive, by written notice given to the licensee 12
before the day mentioned in paragraph (a), fixes a later day--the 13
later day fixed by the chief executive. 14
"due date for payment", for the required amount mentioned in 15
subsection (2), means-- 16
(a) the day on or before which the amount is, under the direction, 17
required to be received by the chief executive; or 18
(b) if the chief executive, by written notice given to the licensee 19
before the day mentioned in paragraph (a), fixes a later day--the 20
later day fixed by the chief executive. 21
"outstanding amount", for the required amount, means the difference 22
between the required amount and any amount received under 23
section 170(1) by the chief executive, on or before the due date for 24
payment of the required amount.'. 25
of s 66 (Effect of suspension of licence) 26
Amendment
Clause 29. Section 66, after `64(12)'-- 27
insert-- 28
`or (12A)'. 29
s 30 70 s 30
Gaming Machine and Other Legislation
Amendment
of new s 66A 1
Insertion
Clause 30. After section 66-- 2
insert-- 3
to interested persons 4
`Notices
`66A.(1) This section applies if the chief executive-- 5
(a) is required, under section 64(8)(a), not to take any action or any 6
further action about a notice to show cause issued to a licensee 7
under section 64(2); or 8
(b) issues a letter of censure to a licensee under section 64(8)(b); or 9
(c) gives directions to a licensee under section 64(8)(c); or 10
(d) suspends a gaming machine licence under section 65A(3). 11
`(2) This section also applies if, under section 64(12), the commission-- 12
(a) decides to take no action about a gaming machine licence; or 13
(b) causes a letter of censure to be issued to a licensee; or 14
(c) gives a direction to a licensee; or 15
(d) cancels or suspends a gaming machine licence. 16
`(3) This section also applies if the commission-- 17
(a) cancels or suspends a gaming machine licence under 18
section 64(12A); or 19
(b) suspends a gaming machine licence under section 65(1). 20
`(4) As soon as practicable after an event mentioned in subsection (1), 21
(2) or (3) happens, the chief executive must give written notice of the event 22
to each person to whom the chief executive gave a copy of the relevant 23
notice to show cause under section 64(3). 24
`(5) Also, the licensee must, within 7 days after receiving a show cause 25
result notice for an event mentioned in subsection (1), (2) or (3), give a 26
copy of the notice to each person to whom the licensee gave, or was 27
required to give, a copy of the relevant notice to show cause because of a 28
requirement under section 64(3A). 29
Maximum penalty--40 penalty units. 30
s 31 71 s 32
Gaming Machine and Other Legislation
Amendment
`(6) For subsections (4) and (5), an event for subsection (1)(a) is taken to 1
be the arising of a requirement mentioned in the paragraph. 2
`(7) In this section-- 3
"show cause result notice" means-- 4
(a) a written notice given by the chief executive advising of-- 5
(i) the arising of a requirement mentioned subsection (1)(a); or 6
(ii) the making of a decision mentioned in subsection (2)(a); or 7
(iii) the taking of action mentioned in subsection (1)(d), (2)(d) 8
or (3)(a) or (b); or 9
(b) a letter of censure mentioned in subsection (1)(b) or (2)(b); or 10
(c) the notice by which a direction mentioned in subsection (1)(c) 11
or (2)(c) is given.'. 12
of s 68 (Recovery of gaming machines etc.) 13
Amendment
Clause 31.(1) Section 68, heading-- 14
omit, insert-- 15
`Amounts payable under gaming machine licence that ceases to have 16
effect'. 17
(2) Section 68(2)-- 18
omit. 19
of new ss 68A and 68B 20
Insertion
Clause 32. After section 68-- 21
insert-- 22
or disposal of gaming machines and other property on 23
`Recovery
cancellation or non-renewal of gaming machine licence 24
`68A.(1) This section applies if a gaming machine licence-- 25
(a) is cancelled; or 26
s 32 72 s 32
Gaming Machine and Other Legislation
Amendment
(b) is not renewed (whether or not the non-renewal follows the 1
making of an application for renewal). 2
`(2) The person who held the licence must give all reasonable help to the 3
chief executive, or any person acting for the chief executive, to enable the 4
removal from the premises to which the licence related of the following-- 5
(a) any rented gaming machines; 6
(b) any other gaming equipment that is the property of the State; 7
(c) any ancillary or related property of the State. 8
Maximum penalty--200 penalty units. 9
`(3) If the gaming machines on the premises to which the licence related 10
are privately acquired gaming machines, the chief executive must, by 11
written notice given to the person who held the licence, immediately 12
approve the way in which the gaming machines may be disposed. 13
`(4) The approval under subsection (3) may provide for the disposal of 14
the gaming machines either-- 15
(a) by the sale of the machines to a licensee, licensed operator, 16
approved financier, licensed service contractor, licensed repairer 17
or gaming trainer; or 18
(b) by the destruction of the machines. 19
`(5) The person to whom notice of an approval is given under 20
subsection (3) must dispose of the gaming machines to which the approval 21
relates-- 22
(a) within 1 month after receiving the notice; or 23
(b) if the chief executive extends, or further extends, the period for 24
the disposal, by written notice given to the person in the period or 25
extended period--within the period as extended.21 26
Maximum penalty--200 penalty units. 27
21 Section 68A(5) does not deal with the issue of the disposal of privately acquired
gaming machines contrary to an approval. However, in this regard, see sections
135 (Manufacture, sale, supply, obtaining or possession of gaming machines)
and 142A (Destruction of gaming machines).
s 33 73 s 36
Gaming Machine and Other Legislation
Amendment
`(6) The chief executive may give an extension for subsection (5)(b) only 1
if the chief executive considers it is appropriate to take the action in the 2
circumstances of the particular case. 3
of fingerprints 4
`Destruction
`68B. If a person who is an individual ceases to be a licensee, the chief 5
executive must have any fingerprints of the person taken for the application 6
for the gaming machine licence destroyed as soon as practicable.'. 7
of s 69 (Appointment of administrator instead of 8
Amendment
suspension) 9
Clause 33. Section 69(1), after `64(12)'-- 10
insert-- 11
`or (12A)'. 12
of s 72D (Control action under the Corporations Law) 13
Omission
Clause 34. Section 72D-- 14
omit. 15
of s 72N (Criminal history reports for investigation) 16
Omission
Clause 35. Section 72N-- 17
omit. 18
of s 72O (Recommendation about application) 19
Amendment
Clause 36. Section 72O-- 20
insert-- 21
`(6) If the commission has delegated its powers under section 72P in 22
relation to an application for an operator's licence to the chief executive, the 23
chief executive-- 24
s 37 74 s 38
Gaming Machine and Other Legislation
Amendment
(a) is not required to make a recommendation about the application 1
under this section; but 2
(b) must have regard to the issues mentioned in subsection (2), and, 3
if appropriate, may have regard to the issue mentioned in 4
subsection (3), as if the chief executive were dealing with the 5
application for making a recommendation under this section.'. 6
of s 72ZA (Surrender of licence) 7
Amendment
Clause 37. Section 72ZA-- 8
insert-- 9
`(5) The licensed operator (the "surrendering operator") must give a 10
copy of the notice of surrender to-- 11
(a) any licensee to whom the operator is supplying basic monitoring 12
services; and 13
(b) any other licensed operator using the electronic monitoring 14
system of the surrendering operator, or a part of the system, to 15
supply basic monitoring services to licensees. 16
Maximum penalty for subsection (5)--40 penalty units.'. 17
of ss 72ZB72ZD 18
Replacement
Clause 38. Sections 72ZB to 72ZD-- 19
omit, insert-- 20
audit programs 21
`Approving
`72ZB.(1) The Minister may approve-- 22
(a) an audit program for investigating licensed operators; and 23
(b) an audit program for investigating associates of licensed 24
operators. 25
`(2) An audit program approved by the Minister may not provide for the 26
investigation of persons under the program at intervals of less than 2 years. 27
s 39 75 s 39
Gaming Machine and Other Legislation
Amendment
investigations 1
`Conducting
`72ZC.(1) The chief executive may investigate a licensed operator to help 2
the chief executive decide whether the operator is a suitable person to hold 3
an operator's licence. 4
`(2) The chief executive may investigate an associate of a licensed 5
operator to help the chief executive decide whether the associate is a suitable 6
person to be an associate of a licensed operator. 7
`(3) However, the chief executive may investigate a licensed operator 8
only if-- 9
(a) the investigation is conducted under an operators audit program; 10
or 11
(b) the chief executive reasonably suspects the operator is not a 12
suitable person to hold an operator's licence. 13
`(4) Also, the chief executive may investigate an associate of a licensed 14
operator only if-- 15
(a) the investigation is conducted under an associates (operators) 16
audit program; or 17
(b) the chief executive reasonably suspects the associate is not a 18
suitable person to be an associate of the licensed operator; or 19
(c) for an associate who became an associate of the licensed operator 20
after the issue of the operator's licence--the associate has not 21
been investigated previously under an associates (operators) audit 22
program. 23
`(5) The chief executive must ensure the investigation of a person under 24
an operators program or associates (operators) audit program is conducted 25
in compliance with the program.'. 26
of s 72ZG (Grounds for suspension or cancellation) 27
Amendment
Clause 39. Section 72ZG(1)-- 28
insert-- 29
s 40 76 s 41
Gaming Machine and Other Legislation
Amendment
`(g) helps or induces a licensee to do or fail to do something that 1
constitutes a ground for suspending or cancelling the licensee's 2
gaming machine licence.22'. 3
of s 72ZH (Show cause notice) 4
Amendment
Clause 40. Section 72ZH(2)-- 5
insert-- 6
`(e) stating any requirements made of the operator by the chief 7
executive under section 72ZI(2).'. 8
of s 72ZI (Involvement of interested persons in show 9
Replacement
cause process) 10
Clause 41. Section 72ZI-- 11
omit, insert-- 12
of interested persons in show cause process 13
`Involvement
`72ZI.(1) The chief executive must give a copy of the show cause notice 14
to each person the chief executive believes is an interested person of the 15
licensed operator. 16
`(2) Also, the chief executive may, by the show cause notice-- 17
(a) require the licensed operator, within the period stated in the notice, 18
to give a copy of the notice to each interested person of the 19
operator (other than an interested person to whom a copy of the 20
notice is given under subsection (1)); and 21
(b) if the chief executive considers it appropriate--require the 22
licensed operator to give the copy in the way the chief executive 23
considers appropriate. 24
`(3) If a requirement under subsection (2)(a) relates to an indirectly 25
interested person of the licensed operator, the chief executive may, at the 26
22 See section 64 (Cancellation or suspension of gaming machine licences and
letters of censure).
s 42 77 s 42
Gaming Machine and Other Legislation
Amendment
operator's request, by written notice given to the operator, designate the 1
person to be an excluded interested person for the operator. 2
`(4) However, the chief executive may designate a person to be an 3
excluded interested person for the licensed operator only if the chief 4
executive considers it would not be appropriate, or would be unreasonable, 5
in the circumstances to require the licensed operator to give a copy of the 6
show cause notice to the person, having regard to the following issues-- 7
(a) the nature of the person's interest; 8
(b) the likelihood of the person's interest not being affected adversely 9
by a suspension or cancellation of the operator's licence; 10
(c) the likelihood of the operator's interest being improperly 11
prejudiced; 12
(d) another issue the chief executive considers relevant. 13
`(5) If a requirement is made of the licensed operator under 14
subsection (2), the operator must comply with the requirement, unless-- 15
(a) the operator has a reasonable excuse; or 16
(b) the interested person to whom the requirement relates is an 17
excluded interested person for the operator. 18
Maximum penalty--40 penalty units. 19
`(6) An interested person to whom a copy of the show cause notice is 20
given, or is required to be given, under this section may make written 21
representations about the notice to the chief executive in the show cause 22
period.'. 23
of s 72ZJ (Consideration of representations) 24
Amendment
Clause 42. Section 72ZJ(b)-- 25
omit, insert-- 26
`(b) an interested person of the licensed operator to whom a copy of 27
the show cause notice is given, or is required to be given.'. 28
s 43 78 s 45
Gaming Machine and Other Legislation
Amendment
of s 72ZK (Ending show cause process without further 1
Amendment
action) 2
Clause 43. Section 72ZK(2), after `notice'-- 3
insert-- 4
`and, by written notice, must advise the licensed operator accordingly'. 5
of s 72ZO (Decision of commission) 6
Amendment
Clause 44.(1) Section 72ZO(1)-- 7
insert-- 8
`(f) appoint an administrator to conduct the licensed operator's 9
monitoring operations under the operator's licence.'. 10
(2) Section 72ZO(3)-- 11
insert-- 12
`(c) appoint an administrator to conduct the licensed operator's 13
monitoring operations under the operator's licence.'. 14
(3) Section 72ZO-- 15
insert-- 16
`(4) If, under subsection (1), the commission decides not to take any 17
action about a licensed operator or operator's licence, the chief executive 18
must immediately give the licensed operator written notice of the decision.'. 19
of s 72ZP (Suspension or cancellation) 20
Amendment
Clause 45.(1) Section 72ZP, heading-- 21
omit, insert-- 22
`Suspension, cancellation and appointment of administrator'. 23
(2) Section 72ZP(1), after `licence,'-- 24
insert-- 25
`or to appoint an administrator to conduct a licensed operator's 26
monitoring operations,'. 27
s 46 79 s 47
Gaming Machine and Other Legislation
Amendment
of new s 72ZRA 1
Insertion
Clause 46. After section 72ZR-- 2
insert-- 3
of appointment, and role, of administrator 4
`Terms
`72ZRA.(1) This section applies if the commission appoints an 5
administrator to conduct a licensed operator's monitoring operations. 6
`(2) For any matter not provided for under this Act, the administrator 7
holds office on terms decided by the commission. 8
`(3) The administrator-- 9
(a) has full control of, and responsibility for, the monitoring 10
operations (including operations relating to anything that had been 11
started but not finished at the time of the administrator's 12
appointment); and 13
(b) subject to any directions of the Minister, must conduct the 14
monitoring operations as required by this Act as if the 15
administrator were the licensed operator. 16
`(4) The costs of and incidental to the conduct and administration of the 17
monitoring operations by the administrator (the "administration costs") 18
are payable by the licensed operator. 19
`(5) Any profits derived from the conduct of the monitoring operations 20
by the administrator are, after payment of the administration costs, to be 21
paid to the licensed operator.'. 22
of s 72ZS (Notices to interested persons) 23
Replacement
Clause 47. Section 72ZS-- 24
omit, insert-- 25
to interested persons 26
`Notices
`72ZS.(1) This section applies if the chief executive-- 27
(a) is required, under section 72ZK(2), not to take further action 28
about a show cause notice given to a licensed operator under 29
section 72ZH(2); or 30
s 47 80 s 47
Gaming Machine and Other Legislation
Amendment
(b) censures a licensed operator under section 72ZL(3); or 1
(c) directs a licensed operator to rectify a matter under 2
section 72ZM(3). 3
`(2) This section also applies if, under section 72ZO(1), the 4
commission-- 5
(a) decides not to take any action about a licensed operator or 6
operator's licence; or 7
(b) censures a licensed operator; or 8
(c) directs a licensed operator to rectify a matter; or 9
(d) suspends or cancels an operator's licence; or 10
(e) appoints an administrator to conduct a licensed operator's 11
monitoring operations. 12
`(3) This section also applies if the commission-- 13
(a) suspends or cancels an operator's licence under section 72ZO(3); 14
or 15
(b) appoints an administrator under section 72ZO(3) to conduct a 16
licensed operator's monitoring operations; or 17
(c) suspends an operator's licence under section 72ZQ(1). 18
`(4) As soon as practicable after an event mentioned in subsection (1), 19
(2) or (3) happens, the chief executive must give written notice of the event 20
to each person to whom the chief executive gave a copy of the relevant 21
show cause notice under section 72ZI(1). 22
`(5) Also, the licensed operator must, within 7 days after receiving a 23
show cause result notice for an event mentioned in subsection (1), (2) or 24
(3), give a copy of the notice to each person to whom the operator gave, or 25
was required to give, a copy of the relevant show cause notice because of a 26
requirement under section 72ZI(2). 27
Maximum penalty--40 penalty units. 28
`(6) For subsections (4) and (5), an event for subsection (1)(a) is taken to 29
be the arising of a requirement mentioned in the paragraph. 30
`(7) In this section-- 31
s 48 81 s 48
Gaming Machine and Other Legislation
Amendment
"show cause result notice" means-- 1
(a) a written notice given by the chief executive advising of-- 2
(i) the arising of a requirement mentioned in subsection (1)(a); 3
or 4
(ii) the making of a decision mentioned in subsection (2)(a); or 5
(iii) the taking of action mentioned in subsection (2)(d) or (e) 6
or (3)(a), (b) or (c); or 7
(b) the notice by which action mentioned in subsection (1)(b) or (c) 8
or (2)(b) or (c) is taken.'. 9
of new ss 72ZVA and 72ZVB 10
Insertion
Clause 48. After section 72ZV-- 11
insert-- 12
by licensed operator of failure of licensee to pay certain 13
`Notice
amounts 14
`72ZVA.(1) This section applies if a licensee fails to pay to a licensed 15
operator, on or before the due date for payment-- 16
(a) a basic monitoring fee payable by the licensee to the operator for 17
basic monitoring services supplied by the operator to the licensee; 18
or 19
(b) another amount payable by the licensee to the operator for a 20
matter relating to the operator's monitoring operations. 21
`(2) The licensed operator must give the chief executive a notice as 22
required by this section advising of the licensee's failure to pay the fee or 23
other amount on or before the due date for payment. 24
Maximum penalty--40 penalty units. 25
`(3) The notice must-- 26
(a) be in writing; and 27
(b) be given to the chief executive within 1 month after the due date 28
for payment of the fee or other amount. 29
s 49 82 s 49
Gaming Machine and Other Legislation
Amendment
`(4) The notice must state-- 1
(a) the matter for which the fee or other amount is payable; and 2
(b) the due date for payment; and 3
(c) the amount involved; and 4
(d) whether or not, when the notice is given, the fee or other amount 5
remains unpaid. 6
`(5) If the contract between the licensed operator and licensee under 7
which the fee or other amount is payable does not state a due date for 8
payment of the fee or other amount, a reference in this section to the due 9
date for payment is a reference to the date that is 1 month after the incurring 10
of liability for payment of the amount. 11
`(6) In this section, a reference to a basic monitoring fee or other amount 12
includes a reference to a part of a basic monitoring fee or other amount. 13
and handling gaming equipment and other property 14
`Storing
`72ZVB.(1) A licensed operator must not use premises for storing or 15
handling gaming equipment or any ancillary or related property of the 16
operator, unless the premises are approved by the chief executive for the 17
purpose. 18
Maximum penalty--200 penalty units. 19
`(2) An application for the approval of premises must be made in the 20
way prescribed under a regulation.'. 21
of s 72ZW (Returns about licensed key monitoring 22
Replacement
employees) 23
Clause 49. Section 72ZW-- 24
omit, insert-- 25
about employees 26
`Returns
`72ZW.(1) A licensed operator must give the chief executive a return as 27
required by this section stating-- 28
s 50 83 s 50
Gaming Machine and Other Legislation
Amendment
(a) the name and licence number of each person employed by the 1
operator as a licensed key monitoring employee when the return 2
is given; and 3
(b) the name of each other person employed by the operator (other 4
than a person employed as a licensed repairer) for the operator's 5
monitoring operations when the return is given. 6
Maximum penalty--40 penalty units. 7
`(2) The return must be in the approved form. 8
`(3) The return must be given-- 9
(a) within 7 days after the operator's licence is issued; and 10
(b) at other times, within 7 days after being requested by the chief 11
executive to give the return. 12
`(4) A request of the chief executive for subsection (3)(b)-- 13
(a) must be in writing; and 14
(b) must not be made within 1 month of-- 15
(i) the time by which the licensed operator is required to give a 16
return under subsection (3)(a); or 17
(ii) a previous request made to the licensed operator for 18
subsection (3)(b).'. 19
of new s 72ZZ 20
Insertion
Clause 50. Part 3A, division 7, after section 72ZY-- 21
insert-- 22
to end key officer's role 23
`Requirement
`72ZZ.(1) This section applies if-- 24
(a) a key monitoring employee's licence held by a key officer for a 25
licensed operator is cancelled or suspended; or 26
(b) a key officer for a licensed operator ceases to hold a key 27
monitoring employee's licence for some other reason. 28
`(2) The chief executive may, by written notice given to the licensed 29
s 51 84 s 51
Gaming Machine and Other Legislation
Amendment
operator, require the operator to take any action that is necessary and 1
reasonable to ensure the person ceases to be a key officer for the operator 2
within the time stated in the notice. 3
`(3) The licensed operator must comply with the requirement, unless the 4
operator has a reasonable excuse. 5
Maximum penalty--40 penalty units. 6
`(4) This section applies to a licensed operator despite any other Act or 7
law. 8
`(5) A licensed operator does not incur any liability because of action 9
taken to comply with a requirement under this section.'. 10
of new pt 3A, div 7A-- 11
Insertion
Clause 51. Part 3A-- 12
insert-- 13
7A--Compliance requirements 14
`Division
1--Control systems 15
`Subdivision
control system for licensed operator's monitoring 16
`Approved
operations 17
`72ZZA.(1) A licensed operator must not conduct the operator's 18
monitoring operations unless-- 19
(a) the operator has an approved control system for the operations; 20
and 21
(b) the operations are conducted under the system. 22
Maximum penalty--200 penalty units. 23
`(2) A licensed operator must not change the operator's approved control 24
system except in accordance with a direction or approval of the chief 25
executive. 26
Maximum penalty for subsection (2)--200 penalty units. 27
s 51 85 s 51
Gaming Machine and Other Legislation
Amendment
system submission 1
`Control
`72ZZB.(1) A licensed operator may make a submission (a "control 2
system submission") to the chief executive for approval of the operator's 3
proposed control system. 4
`(2) A control system submission must be in writing and be made-- 5
(a) at least 90 days before the licensed operator proposes to start 6
conducting the operator's monitoring operations; or 7
(b) if the chief executive considers it appropriate to allow a 8
submission to be made at a later time--by the time allowed by 9
the chief executive. 10
`(3) A control system submission must describe and explain the licensed 11
operator's proposed control system. 12
`(4) In particular, a control system submission for the licensed operator's 13
monitoring operations must include information about-- 14
(a) the following things to be used for the monitoring operations-- 15
(i) accounting systems and procedures and chart of accounts; 16
(ii) administrative systems and procedures; 17
(iii) computer software; 18
(iv) standard forms and terms; and 19
(b) the general procedures to be followed for the monitoring 20
operations; and 21
(c) the procedures and standards for the maintenance, security, 22
storage and transportation of equipment to be used for the 23
monitoring operations; and 24
(d) the procedures for using and maintaining security facilities. 25
`(5) A control system submission may include information additional to 26
the information mentioned in subsection (4). 27
system (change) submission 28
`Control
`72ZZC.(1) A licensed operator may make a submission (a "control 29
s 51 86 s 51
Gaming Machine and Other Legislation
Amendment
system (change) submission") to the chief executive for approval to 1
change the operator's approved control system. 2
`(2) A control system (change) submission must be in writing and be 3
made-- 4
(a) at least 90 days before the licensed operator proposes to put the 5
proposed changes into effect; or 6
(b) if the chief executive considers it appropriate to allow a 7
submission to be made at a later time--by the time allowed by 8
the chief executive. 9
`(3) A control system (change) submission must contain particulars of 10
the proposed changes of the licensed operator's approved control system. 11
with submissions 12
`Dealing
`72ZZD.(1) This section applies to a control system submission or 13
control system (change) submission made to the chief executive by a 14
licensed operator. 15
`(2) The chief executive must consider the submission and either 16
approve, or refuse to approve, the licensed operator's proposed control 17
system or the proposed change of the licensed operator's approved control 18
system. 19
`(3) In considering the submission, the chief executive may, by written 20
notice given to the licensed operator, require the operator, within a 21
reasonable time stated in the notice, to give the chief executive further 22
information that is necessary and reasonable to help the chief executive 23
make a decision about the submission. 24
`(4) In considering whether to give an approval, the chief executive must 25
have regard to the following issues-- 26
(a) whether the submission satisfies the requirements under this 27
subdivision for the submission; 28
(b) whether the licensed operator's proposed control system, or 29
approved control system as proposed to be changed, is capable of 30
providing satisfactory and effective control over the operator's 31
monitoring operations. 32
s 51 87 s 51
Gaming Machine and Other Legislation
Amendment
`(5) The chief executive may refuse to give an approval if the licensed 1
operator fails to comply with a requirement of the chief executive under 2
subsection (3) without a reasonable excuse. 3
`(6) The chief executive must immediately give the licensed operator 4
written notice of the chief executive's decision about the submission. 5
`(7) If the chief executive refuses to give an approval, the notice of the 6
decision-- 7
(a) must state the reasons for the decision; and 8
(b) if the chief executive believes the submission can easily be 9
changed to enable the chief executive to give an approval--must 10
also-- 11
(i) explain how the submission may be changed; and 12
(ii) invite the licensed operator to resubmit the submission after 13
making the appropriate changes. 14
to change approved control system 15
`Direction
`72ZZE.(1) The chief executive may, by written notice given to a 16
licensed operator, direct the operator to change the operator's approved 17
control system within the time, and in the way, stated in the notice. 18
`(2) The licensed operator must comply with the direction. 19
`(3) If the licensed operator does not comply with the direction, at the end 20
of the time stated in the notice for compliance, the operator's approved 21
control system is taken to have been changed in the way stated in the notice. 22
2--Monitoring records 23
`Subdivision
about keeping monitoring records 24
`Notices
`72ZZF.(1) The chief executive may, by written notice given to a 25
licensed operator-- 26
(a) approve a place (the "approved place") nominated by the 27
s 51 88 s 51
Gaming Machine and Other Legislation
Amendment
operator as the place where the operator is required to keep the 1
operator's monitoring records; or 2
(b) specify a monitoring record of the operator (an "exempt 3
monitoring record") that is not required to be kept at the 4
approved place; or 5
(c) specify a monitoring record of the operator that may be kept 6
temporarily at a place other than the approved place, and the 7
period for which, or the circumstances in which, the record may 8
be kept at the other place; or 9
(d) approve the keeping of information contained in a monitoring 10
record in a way different from the way the information was kept 11
when the record was being used by the operator; or 12
(e) approve the destruction of a monitoring record the chief executive 13
considers need not be kept. 14
`(2) The chief executive may specify a monitoring record for 15
subsection (1)(b) only if the chief executive considers there is sufficient 16
reason for the record to be kept at a place other than the approved place. 17
`(3) A monitoring record mentioned in subsection (1)(c) is also an 18
"exempt monitoring record"-- 19
(a) for the period stated in the notice; or 20
(b) while the circumstances stated in the notice exist. 21
`(4) The exercise of the chief executive's power under subsection (1)(d) 22
or (e) is subject to any other law about the retention or destruction of the 23
monitoring record. 24
records to be kept at certain place 25
`Monitoring
`72ZZG.(1) A licensed operator must keep the operator's monitoring 26
records at-- 27
(a) the operator's principal place of business in the State or, if the 28
operator is a corporation and has its registered office in the State, 29
its registered office; or 30
(b) an approved place for the records. 31
s 51 89 s 51
Gaming Machine and Other Legislation
Amendment
Maximum penalty--40 penalty units. 1
`(2) Subsection (1) does not apply to an exempt monitoring record. 2
records to be kept for required period 3
`Monitoring
`72ZZH.(1) A licensed operator must keep a monitoring record for 4
5 years after the end of the transaction to which the record relates. 5
Maximum penalty--40 penalty units. 6
`(2) Subsection (1) does not apply to a monitoring record if-- 7
(a) the information previously contained in the record is kept in 8
another way under an approval of the chief executive; or 9
(b) the record has been destroyed under an approval of the chief 10
executive. 11
`(3) Subsection (1) has effect subject to any other law about the retention 12
or destruction of the monitoring record. 13
3--Financial accounts, statements and reports 14
`Subdivision
of accounts 15
`Keeping
`72ZZI. A licensed operator must-- 16
(a) keep accounting records that correctly record and explain the 17
transactions and financial position for the operator's monitoring 18
operations; and 19
(b) keep the accounting records in a way that allows-- 20
(i) true and fair financial statements and accounts to be prepared 21
from time to time; and 22
(ii) the financial statements and accounts to be conveniently and 23
properly audited. 24
Maximum penalty--100 penalty units. 25
s 51 90 s 51
Gaming Machine and Other Legislation
Amendment
of financial statements and accounts 1
`Preparation
`72ZZJ.(1) A licensed operator must prepare financial statements and 2
accounts as required by this section giving a true and fair view of the 3
financial operations of the operator conducted under the operator's licence. 4
Maximum penalty--100 penalty units. 5
`(2) The financial statements and accounts must include the following-- 6
(a) trading accounts, if applicable, for each financial year; 7
(b) profit and loss accounts for each financial year; 8
(c) a balance sheet as at the end of each financial year. 9
of reports 10
`Submission
`72ZZK.(1) A licensed operator must give reports to the chief executive 11
as required by this section about the operator's monitoring operations. 12
Maximum penalty--100 penalty units. 13
`(2) The reports must be given at the times stated in a written notice 14
given to the licensed operator by the chief executive. 15
`(3) A report must be in the approved form. 16
`(4) The chief executive may, by written notice given to a licensed 17
operator, require the operator to give the chief executive further information 18
about a report within a reasonable time stated in the notice to help the chief 19
executive acquire a proper appreciation of the operator's monitoring 20
operations. 21
`(5) A licensed operator must comply with a requirement under 22
subsection (4) within the time stated in the notice, unless the operator has a 23
reasonable excuse. 24
Maximum penalty--100 penalty units. 25
`(6) A licensed operator must not give the chief executive a report 26
containing information, or further information about a report, the operator 27
knows to be false, misleading or incomplete in a material particular. 28
Maximum penalty--200 penalty units. 29
s 51 91 s 51
Gaming Machine and Other Legislation
Amendment
`(7) Subsection (6) does not apply to a licensed operator if the operator, 1
when giving the report or further information-- 2
(a) informs the chief executive in writing, to the best of the operator's 3
ability, how the return or information is false, misleading or 4
incomplete; and 5
(b) if the operator has, or can reasonably obtain, the correct 6
information--gives the correct information. 7
`(8) It is enough for a complaint for an offence against subsection (6) to 8
state that the report or information was false, misleading or incomplete to 9
the defendant's knowledge. 10
`Subdivision 4--Financial institution accounts 11
of accounts 12
`Keeping
`72ZZL. A licensed operator must keep a financial institution account, or 13
financial institution accounts, approved by the chief executive for use for all 14
banking or similar transactions for the operator's monitoring operations. 15
Maximum penalty--40 penalty units. 16
of accounts 17
`Use
`72ZZM. A licensed operator must not use a financial institution account 18
approved by the chief executive other than for a purpose for which it is 19
approved. 20
Maximum penalty--40 penalty units. 21
5--Audit 22
`Subdivision
guidelines 23
`Audit
`72ZZN.(1) The chief executive may prepare guidelines ("audit 24
guidelines") for the carrying out of audits under this subdivision. 25
`(2) The chief executive must keep copies of the audit guidelines 26
s 51 92 s 51
Gaming Machine and Other Legislation
Amendment
available for inspection and permit a person-- 1
(a) to inspect the guidelines without fee; and 2
(b) to take extracts from the guidelines without fee. 3
`(3) Also, the chief executive must keep copies of the audit guidelines 4
available for supply to persons and permit a person to obtain a copy of the 5
guidelines, or a part of the guidelines, without fee. 6
`(4) For subsection (2)-- 7
(a) copies of the audit guidelines-- 8
(i) must be kept at the head office and any regional office of the 9
department; and 10
(ii) may be kept at any other place the chief executive considers 11
appropriate; and 12
(b) the copies of the guidelines kept at a place must be available for 13
inspection during office hours on business days for the place. 14
of monitoring operations 15
`Audit
`72ZZO. As soon as practicable after the end of a financial year, a 16
licensed operator must, at the operator's own expense, cause the operator's 17
books, accounts and financial statements for the operator's monitoring 18
operations for the financial year to be audited by a registered company 19
auditor approved by the chief executive. 20
Maximum penalty--200 penalty units. 21
out of audit 22
`Carrying
`72ZZP.(1) The auditor must-- 23
(a) to the extent it is reasonably practicable, comply with any audit 24
guidelines in carrying out the audit; and 25
(b) complete the audit within 3 months after the end of the financial 26
year; and 27
(c) immediately after completing the audit, give a copy of the audit 28
report to the licensed operator. 29
s 51 93 s 51
Gaming Machine and Other Legislation
Amendment
Maximum penalty--40 penalty units. 1
`(2) Subsection (1)(b) does not apply to the auditor if-- 2
(a) in the circumstances, it would be unreasonable to require the 3
auditor to comply with the paragraph; and 4
(b) the auditor completes the audit as soon as practicable. 5
operator to give documents about audit to chief executive 6
`Licensed
`72ZZQ.(1) Within 14 days after the licensed operator receives a copy of 7
the audit report, the operator must give a copy of the report to the chief 8
executive, together with-- 9
(a) a copy of the audited financial statements for the operator's 10
monitoring operations for the relevant financial year; and 11
(b) to the extent to which the audited financial statements do not 12
contain the required details of revenue and expenditure--a copy 13
of a profit and loss statement containing the required details of 14
revenue and expenditure for the operator's monitoring operations 15
for the relevant financial year; and 16
(c) if an entity is a parent entity of the licensed operator--a copy of 17
the consolidated financial statements for the parent entity. 18
Maximum penalty--200 penalty units. 19
`(2) On receiving a document under subsection (1), the chief executive 20
may, by written notice given to the licensed operator, require the operator to 21
give the chief executive, within a reasonable time stated in the notice, further 22
information about a matter relating to the operator's monitoring operations 23
mentioned in the document. 24
`(3) The licensed operator must comply with a requirement under 25
subsection (2) within the time stated in the notice, unless the operator has a 26
reasonable excuse. 27
Maximum penalty--200 penalty units. 28
`(4) In this section-- 29
"required details of expenditure", for a licensed operator's monitoring 30
operations for a financial year, means details of expenditure incurred 31
s 52 94 s 52
Gaming Machine and Other Legislation
Amendment
by the operator for the year for a matter in carrying on the monitoring 1
operations, including, for example-- 2
(a) the payment of wages; and 3
(b) the payment of consultancy fees; and 4
(c) the supply of gaming equipment, or ancillary or related 5
equipment; and 6
(d) the acquisition, supply, maintenance or use of information 7
technology (whether or not, in the case of maintenance, it is being 8
used by the operator or someone else, or, in the case of use, it is 9
the operator's or someone else's technology). 10
"required details of revenue", for a licensed operator's monitoring 11
operations for a financial year, means details of revenue received by 12
the operator for the year for a matter in carrying on the monitoring 13
operations, including, for example-- 14
(a) the supply of basic monitoring services; and 15
(b) the supply of information technology for use for supplying basic 16
monitoring services; and 17
(c) the supply of gaming equipment, or ancillary or related 18
equipment; and 19
(d) the supply of services relating to any of the following matters 20
(whether or not the services are associated with the supply of 21
equipment)-- 22
(i) training; 23
(ii) marketing; 24
(iii) linked jackpot arrangements; 25
(iv) the giving of advice about management.'. 26
of s 72ZZ (Disclosure affidavits about persons having 27
Amendment
influence or receiving benefits) 28
Clause 52. Part 3A, division 8, section 72ZZ-- 29
renumber as section 72ZZR. 30
s 53 95 s 54
Gaming Machine and Other Legislation
Amendment
of pt 4 hdg (Licensing of repairers, service contractors, 1
Amendment
machine managers and key monitoring employees) 2
Clause 53. Part 4, heading, `MACHINE MANAGERS'-- 3
omit, insert-- 4
`GAMING NOMINEES, GAMING EMPLOYEES'. 5
of new ss 72ZZS and 72ZZT 6
Insertion
Clause 54. Part 4, before section 73-- 7
insert-- 8
of key monitoring employee 9
`Meaning
`72ZZS.(1) A person employed by a licensed operator for the operator's 10
monitoring operations is a "key monitoring employee" of the operator if 11
the person-- 12
(a) occupies or acts in a managerial position, or carries out 13
managerial functions, in relation to the operations; or 14
(b) is in a position to affect or significantly influence the operations; 15
or 16
(c) occupies or acts in a position designated in the operator's 17
approved control system as a key position. 18
`(2) Subsection (1)(a) applies to a position only if the position is 19
designated by the chief executive as a key position. 20
`(3) Subsection (1)(a) applies to functions only if the functions are 21
designated by the chief executive as key functions. 22
`(4) Subsection (1)(b) applies to an employee of a licensed operator only 23
if the employee is designated by the chief executive as being in a key 24
position. 25
`(5) A designation of the chief executive for subsection (2), (3) or (4) 26
must be made by written notice given to the licensed operator. 27
s 55 96 s 56
Gaming Machine and Other Legislation
Amendment
of key officer 1
`Meaning
`72ZZT. A person is a "key officer" of a licensed operator if the person 2
is a person (other than a person employed by the operator) who-- 3
(a) is in a position to control or exercise significant influence over the 4
operator's monitoring operations; or 5
(b) is associated with the operator in a way that enables the person to 6
control or exercise significant influence over the operator's 7
monitoring operations; or 8
(c) occupies a position, or has an association, with the operator of a 9
kind that makes the person a key officer under criteria prescribed 10
under a regulation.'. 11
of s 74 (Unlicensed persons not to be service contractors) 12
Amendment
Clause 55. Section 74(1), `a licensee, a person on behalf of a licensee'-- 13
omit, insert-- 14
`a licensed operator'. 15
of s 75 (Unlicensed persons not to be machine managers) 16
Replacement
Clause 56. Section 75-- 17
omit, insert-- 18
requirements for carrying out gaming duties on licensed 19
`Licensing
premises 20
`75.(1) A person must not carry out gaming duties on licensed premises 21
unless the person is-- 22
(a) an appropriately licensed person employed by the licensee under 23
subsection (3), (4) or (5) to carry out the duties for the premises; 24
or 25
(b) an applicant for an appropriate licence employed by the licensee 26
under subsection (4) or (6) to carry out the duties for the 27
premises; or 28
s 56 97 s 56
Gaming Machine and Other Legislation
Amendment
(c) a person employed by the licensee under subsection (9) to carry 1
out the duties for the premises; or 2
(d) an eligible licensee for the premises; or 3
(e) a nominee of the licensee for the premises. 4
Maximum penalty--200 penalty units. 5
`(2) A person must not employ or allow, or cause another person to 6
employ or allow, a person (the "employee") to carry out gaming duties on 7
licensed premises unless the employee is-- 8
(a) an appropriately licensed person employed under subsection (3), 9
(4) or (5) to carry out the duties for the premises; or 10
(b) an applicant for an appropriate licence employed under 11
subsection (4) or (6) to carry out the duties for the premises; or 12
(c) a person employed under subsection (9) to carry out the duties. 13
Maximum penalty--200 penalty units. 14
`(3) A licensee who is not an eligible licensee must at all times have in 15
the licensee's employ, for the licensee's licensed premises, or each of the 16
licensee's licensed premises, at least 2 appropriately licensed persons to 17
carry out gaming duties for the premises. 18
Maximum penalty--200 penalty units. 19
`(4) Subsection (3) does not apply to a licensee for licensed premises if 20
the licensee, with the chief executive's approval, has in the licensee's 21
employ, for carrying out gaming duties for the premises-- 22
(a) at least 1 person who is an appropriately licensed person and at 23
least 1 person who is an applicant for an appropriate licence; or 24
(b) at least 2 persons who are applicants for an appropriate licence. 25
`(5) An eligible licensee must at all times have in the licensee's employ, 26
for the licensee's licensed premises, at least 1 licensed gaming employee to 27
carry out gaming duties for the premises. 28
Maximum penalty--200 penalty units. 29
`(6) Subsection (5) does not apply to an eligible licensee for licensed 30
premises if the licensee, with the chief executive's approval, has in the 31
s 56 98 s 56
Gaming Machine and Other Legislation
Amendment
licensee's employ, for carrying out gaming duties for the premises, at least 1
1 person who is an applicant for a gaming employee's licence. 2
`(7) A licensee who is not an eligible licensee must ensure that, when 3
licensed premises of the licensee are open for the conduct of gaming, at 4
least 1 of the persons employed by the licensee under subsection (3) or (4) 5
for carrying out gaming duties for the premises is present on the premises, 6
or is readily available for carrying out the duties for the premises. 7
Maximum penalty--200 penalty units. 8
`(8) An eligible licensee must ensure that, when the licensee's licensed 9
premises are open for the conduct of gaming, the licensee or a person 10
employed by the licensee under subsection (5) or (6) is present on the 11
premises, or is readily available for carrying out gaming duties for the 12
premises. 13
Maximum penalty--200 penalty units. 14
`(9) Subsection (7) does not apply to a licensee for licensed premises of 15
the licensee, and subsection (8) does not apply to an eligible licensee for the 16
licensee's licensed premises, if there is present on the premises, or readily 17
available for carrying out gaming duties for the premises, a person-- 18
(a) employed, with the chief executive's approval, by the licensee for 19
carrying out gaming duties for the premises; and 20
(b) whose period of employment in the capacity mentioned in 21
paragraph (a) is not longer than 7 days. 22
`(10) A licensee must give an identity card to-- 23
(a) each applicant for an appropriate licence employed by the licensee 24
under subsection (4) or (6); or 25
(b) a person employed by the licensee under subsection (9). 26
`(11) Despite subsection (10), a licensee is not required to give an 27
identity card to a person employed by the licensee under subsection (9) if-- 28
(a) the person is a nominee of the licensee under section 76B(4); and 29
(b) the licensee has given an identity card to the person under 30
section 76C(1). 31
s 57 99 s 57
Gaming Machine and Other Legislation
Amendment
`(12) An identity card must comply with the requirements prescribed 1
under a regulation. 2
`(13) A person to whom an identity card is given must return the card to 3
the licensee on the day the person ceases to be employed by the licensee 4
under subsection (4), (6) or (9). 5
Maximum penalty--20 penalty units. 6
`(14) For subsections (3) and (4), a nominee of a licensee in the 7
licensee's employ is taken to be a person in the licensee's employ for 8
carrying out gaming duties for the premises for which the person is the 9
licensee's nominee. 10
`(15) In this section-- 11
"applicant", for an appropriate licence, means-- 12
(a) an applicant for a gaming employee's licence; or 13
(b) an applicant for a gaming nominee's licence. 14
"appropriately licensed person" means-- 15
(a) a licensed gaming employee; or 16
(b) a licensed gaming nominee. 17
"eligible licensee", for licensed premises, means the licensee for the 18
premises if the licensee-- 19
(a) is an individual; and 20
(b) is the holder of only 1 gaming machine licence; and 21
(c) is ordinarily present on the premises when the premises are open 22
for the conduct of gaming.'. 23
of s 76 (Certain persons must apply for machine 24
Amendment
manager's licence) 25
Clause 57.(1) Section 76, heading, `machine manager's'-- 26
omit, insert-- 27
`gaming employee's'. 28
(2) Section 76(1)(b), `licensed machine manager'-- 29
s 58 100 s 58
Gaming Machine and Other Legislation
Amendment
omit, insert-- 1
`licensed gaming employee'. 2
(3) Section 76(1), `machine manager's licence'-- 3
omit, insert-- 4
`gaming employee's licence'. 5
of new ss 76B76F 6
Insertion
Clause 58. After section 76A-- 7
insert-- 8
of nominee 9
`Meaning
`76B.(1) A person is a nominee of a licensee for premises if the 10
person-- 11
(a) is a licensed gaming nominee; and 12
(b) is designated by the licensee to be the licensee's nominee for the 13
premises. 14
`(2) A person is a nominee of a licensee for premises if-- 15
(a) the person is a licensed gaming employee employed by the 16
licensee; and 17
(b) the person-- 18
(i) is designated by the licensee to be the licensee's nominee for 19
the premises for a period of not more than 1 month (the 20
"designated period"); or 21
(ii) is, with the chief executive's approval, designated by the 22
licensee to be the licensee's nominee for the premises for a 23
period longer than 1 month (also the "designated period"); 24
and 25
(c) the designated period has not ended. 26
`(3) A person is a nominee of a licensee for premises if the person-- 27
(a) is an applicant for a gaming nominee's licence; and 28
s 58 101 s 58
Gaming Machine and Other Legislation
Amendment
(b) is, with the chief executive's approval, designated by the licensee 1
to be the licensee's nominee for the premises. 2
`(4) A person is a nominee of a licensee for premises if-- 3
(a) the person is, with the chief executive's approval, designated by 4
the licensee to be the licensee's nominee for the premises for a 5
period of not more than 7 days; and 6
(b) the period mentioned in paragraph (a) has not ended. 7
`(5) However, a person is a licensee's nominee only if-- 8
(a) the designation by the licensee of the person as the licensee's 9
nominee is done with the person's agreement; and 10
(b) the designation and agreement are in force. 11
cards for certain nominees 12
`Identity
`76C.(1) A licensee must give an identity card to a person who is a 13
nominee of the licensee under section 76B(3) or (4). 14
`(2) An identity card must comply with the requirements prescribed 15
under a regulation. 16
`(3) A person to whom an identity card is given must return the card to 17
the licensee on the day the person ceases to be the licensee's nominee. 18
Maximum penalty for subsection (3)--20 penalty units. 19
of licensees 20
`Nominees
`76D.(1) A licensee that is a body corporate must at all times have a 21
nominee for licensed premises of the licensee. 22
Maximum penalty--200 penalty units. 23
`(2) A licensee who is an individual holding more than 1 gaming 24
machine licence must at all times have a nominee for licensed premises of 25
the licensee if, under the Liquor Act 1992, there is a nominee, or an 26
individual is required to be nominated as a nominee, for the liquor licence 27
for the premises. 28
Maximum penalty--200 penalty units. 29
s 58 102 s 58
Gaming Machine and Other Legislation
Amendment
`(3) A licensee's nominee must, for the licensed premises for which the 1
nominee is the licensee's nominee, ensure gaming is conducted only in 2
accordance with the authority conferred by the licensee's gaming machine 3
licence. 4
Maximum penalty for subsection (3)--200 penalty units. 5
for gaming nominee's licence by licensed gaming 6
`Application
employee 7
`76E.(1) A licensed gaming employee may apply for a gaming 8
nominee's licence under this section. 9
`(2) The application must-- 10
(a) be made to the chief executive; and 11
(b) be in the approved form; and 12
(c) be accompanied by a notice in the approved form from a licensee 13
nominating the applicant to be the licensee's nominee for licensed 14
premises of the licensee; and 15
(d) be accompanied by any fee prescribed under a regulation for the 16
application. 17
`(3) If the applicant's fingerprints were not taken for the application for 18
the gaming employee's licence held by the applicant, the chief executive 19
may, with the applicant's agreement, cause the applicant's fingerprints to be 20
taken for the application under this section. 21
`(4) Except as provided in subsection (5), the chief executive must grant 22
an application for a gaming nominee's licence made by a licensed gaming 23
employee if the application complies with subsection (2). 24
`(5) The chief executive may refuse to grant the application if the 25
applicant's fingerprints have not been taken under subsection (3) because of 26
the applicant's failure to agree to the action being taken. 27
`(6) If the chief executive grants the application, the chief executive must 28
immediately issue a gaming nominee's licence to the applicant. 29
`(7) If the chief executive refuses to grant the application, the chief 30
executive must-- 31
s 58 103 s 58
Gaming Machine and Other Legislation
Amendment
(a) immediately give the applicant an information notice for the 1
decision; and 2
(b) have any fingerprints of the applicant taken for the application 3
destroyed as soon as practicable. 4
`(8) On the issue of a gaming nominee's licence to a person under 5
subsection (6), the gaming employee's licence held by the person is (if still 6
in force) cancelled. 7
`(9) Within 14 days after the person receives the gaming nominee's 8
licence, the person must return the gaming employee's licence held by the 9
person to the chief executive. 10
Maximum penalty for subsection (9)--40 penalty units. 11
for gaming employee's licence by licensed gaming 12
`Application
nominee 13
`76F.(1) A licensed gaming nominee may apply for a gaming 14
employee's licence under this section. 15
`(2) The application must-- 16
(a) be made to the chief executive; and 17
(b) be in the approved form; and 18
(c) be accompanied by any fee prescribed under a regulation for the 19
application. 20
`(3) The chief executive must grant an application for a gaming 21
employee's licence made by a licensed gaming nominee if the application 22
complies with subsection (2). 23
`(4) If the chief executive grants the application, the chief executive must 24
immediately issue a gaming employee's licence to the applicant. 25
`(5) If the chief executive refuses to grant the application, the chief 26
executive must immediately give the applicant an information notice for the 27
decision. 28
`(6) On the issue of a gaming employee's licence to a person under 29
subsection (4), the gaming nominee's licence held by the person is (if still 30
in force) cancelled. 31
s 59 104 s 59
Gaming Machine and Other Legislation
Amendment
`(7) Within 14 days after the person receives the gaming employee's 1
licence, the person must return the gaming nominee's licence held by the 2
person to the chief executive. 3
Maximum penalty for subsection (7)--40 penalty units.'. 4
of s 77 (Applications for licences under this part) 5
Replacement
Clause 59. Section 77-- 6
omit, insert-- 7
for licences under this part 8
`Applications
`77.(1) This section deals with applications for repairers', service 9
contractors', gaming nominees', gaming employees' and key monitoring 10
employees' licences. 11
`(2) An application for a repairer's, gaming nominee's, gaming 12
employee's or key monitoring employee's licence may only be made by an 13
individual. 14
`(3) An application for a service contractor's licence may be made by an 15
individual or body corporate. 16
`(4) An application under this part-- 17
(a) is to be made in the approved form; and 18
(b) in the case of an application by an individual--must be signed by 19
the applicant; and 20
(c) in the case of an application by a body corporate--must be signed 21
in the appropriate way; and 22
(d) is to state the full name, address and date of birth-- 23
(i) in the case of an application by an individual--of the 24
applicant; and 25
(ii) in the case of an application by a body corporate--of the 26
secretary and each executive officer of the body corporate; 27
and 28
(e) in the case of an application for a repairer's, gaming nominee's, 29
gaming employee's or key monitoring employee's licence--is to 30
s 59 105 s 59
Gaming Machine and Other Legislation
Amendment
be accompanied by photographs of the applicant, of such type and 1
number as are determined by the chief executive and certified in 2
such way as is so determined; and 3
(f) in the case of an application by a body corporate--is to be 4
accompanied by-- 5
(i) a copy of the certificate of incorporation of the body 6
corporate; and 7
(ii) a copy of the memorandum and articles of association, rules, 8
constitution or other incorporating documents in force at the 9
time of making the application certified as a true copy by the 10
secretary of the body corporate or other person properly 11
authorised to certify by the body corporate; and 12
(iii) unless the body corporate is a company that has only 13
1 director--a copy of the resolution or minute of the 14
proceedings of the governing body of the body corporate by 15
which approval was given to the making of the application, 16
certified as a true copy by the person certifying the copy of 17
the matters referred to in subparagraph (ii); and 18
(iv) a copy of the last audited balance sheet or statement of the 19
financial affairs of the body corporate; and 20
(g) in the case of an application for a repairer's licence, or an 21
application for a key monitoring employee's licence made by a 22
person who is not a key officer for a licensed operator--must be 23
accompanied by an employment notice for the application; and 24
(h) in the case of an application for a gaming nominee's 25
licence--must be accompanied by a notice in the approved form 26
from a licensee nominating the applicant to be the licensee's 27
nominee for licensed premises of the licensee; and 28
(i) in the case of an application for a repairer's or service contractor's 29
licence--is to be accompanied by an affidavit under section 89; 30
and 31
(j) is to contain or be accompanied by such other information, 32
records, reports, documents and writings relating to the 33
s 59 106 s 59
Gaming Machine and Other Legislation
Amendment
application and applicant as are determined by the chief executive; 1
and 2
(k) is to be forwarded to or lodged with the chief executive; and 3
(l) is to be accompanied by the fee prescribed. 4
`(5) Subsection (1)(g) does not apply to an application if the applicant 5
intends, on the issue of a repairer's licence, to carry on the business of a 6
licensed repairer in the applicant's own right. 7
`(6) It is a condition precedent to consideration of an application for a 8
repairer's, gaming nominee's, gaming employee's or key monitoring 9
employee's licence, or an application for a service contractor's licence made 10
by an individual, that the applicant is agreeable to the applicant's fingerprints 11
being taken by or on behalf of the chief executive. 12
`(7) For subsection (4)(c), an application for a licence under this part 13
made by a body corporate is signed in the appropriate way-- 14
(a) if it is signed-- 15
(i) by at least 2 of its executive officers authorised to sign by the 16
body corporate; or 17
(ii) if there is only 1 executive officer of the body corporate--by 18
the officer; or 19
(b) if the chief executive considers, for a body corporate having at 20
least 2 executive officers, that paragraph (a) can not reasonably be 21
complied with--if it is signed in the way the chief executive 22
considers appropriate. 23
`(8) In this section-- 24
"employment notice", for an application for a key monitoring employee's 25
licence, means a notice that-- 26
(a) is in the approved form; and 27
(b) is given by a licensed operator; and 28
(c) states that the operator intends to employ the applicant as a 29
licensed key monitoring employee, subject to the applicant being 30
issued with a key monitoring employee's licence. 31
s 60 107 s 61
Gaming Machine and Other Legislation
Amendment
"employment notice", for an application for a repairer's licence, means a 1
notice that-- 2
(a) is in the approved form; and 3
(b) is given by a licensed operator, licensed repairer or licensed 4
service contractor; and 5
(c) states that the operator, repairer or service contractor intends to 6
employ the applicant as a licensed repairer, subject to the applicant 7
being issued with a repairer's licence.'. 8
of s 78 (Changes in circumstances of applicants for and 9
Amendment
holders of licences) 10
Clause 60. Section 78(3)(b)(iii)-- 11
omit, insert-- 12
`(iii) if the holder is a body corporate--is affected by control 13
action under the Corporations Law; or'. 14
of s 79 (Consideration of applications) 15
Amendment
Clause 61.(1) Section 79, heading-- 16
omit, insert-- 17
`Recommendation by chief executive about applications'. 18
(2) Section 79(1)(a)-- 19
omit. 20
(3) Section 79(1)(c)(i), `a natural person'-- 21
omit, insert-- 22
`an individual'. 23
(4) Section 79-- 24
insert-- 25
s 61 108 s 61
Gaming Machine and Other Legislation
Amendment
`(1A) In considering the application, the chief executive may, by written 1
notice given to the applicant or an associate of the applicant, require the 2
applicant or associate, within a reasonable time stated in the notice, to give 3
the chief executive further information or a document that is necessary and 4
reasonable to help the chief executive make a recommendation. 5
`(1B) Also, for an application for a repairer's, gaming nominee's, 6
gaming employee's or key monitoring employee's licence, the chief 7
executive may, with the applicant's agreement, cause the applicant's 8
fingerprints to be taken.'. 9
(5) Section 79-- 10
insert-- 11
`(2A) In making a recommendation, the chief executive must have 12
regard to any supporting material for the application.'. 13
(6) Section 79(3)(a)(ii)-- 14
omit, insert-- 15
`(ii) the applicant's fingerprints have not been taken under 16
subsection (1A) because of the applicant's failure to agree to 17
the action being taken; or'. 18
(7) Section 79(3)(c)-- 19
omit. 20
(8) Section 79(4) to (6)-- 21
omit, insert-- 22
`(4) The chief executive may recommend that a licence be refused if the 23
applicant, or an associate of the applicant, fails to comply with a 24
requirement of the chief executive under subsection (1A) without a 25
reasonable excuse. 26
`(5) If the commission has delegated its powers under section 80 in 27
relation to an application for a licence under this part to the chief executive, 28
the chief executive-- 29
(a) is not required to make a recommendation about the application 30
under this section; but 31
s 62 109 s 62
Gaming Machine and Other Legislation
Amendment
(b) must take the action mentioned in subsection (1), and may take 1
the action mentioned in subsection (1B), as if the chief executive 2
were dealing with the application for making a recommendation 3
under this section.'. 4
of s 80 (Commission may grant or refuse to grant 5
Replacement
licences) 6
Clause 62. Section 80-- 7
omit, insert-- 8
on applications 9
`Decision
`80.(1) The commission may, in relation to an application for a licence 10
under this part, grant, or refuse to grant, the licence. 11
`(2) Before making its decision, the commission may, by written notice 12
given to the applicant or an associate of the applicant, require the applicant 13
or associate, within a reasonable time stated in the notice, to give the 14
commission further information or a document that is necessary and 15
reasonable to help the commission make the decision. 16
`(3) In making its decision, the commission-- 17
(a) must have regard to any recommendation of the chief executive 18
about the application; and 19
(b) must have regard to any supporting material for the application; 20
and 21
(c) may have regard to any other issues the commission considers 22
relevant. 23
`(4) The commission may grant a licence only if it is satisfied the 24
granting of the licence is not contrary to the public interest. 25
`(5) The commission may refuse to grant a licence if-- 26
(a) the applicant, without a reasonable excuse, fails to comply with-- 27
(i) a requirement of the chief executive under section 79(1A); or 28
(ii) a requirement of the commission under subsection (2); or 29
s 63 110 s 63
Gaming Machine and Other Legislation
Amendment
(b) an associate of the applicant, without a reasonable excuse, fails to 1
comply with-- 2
(i) a requirement of the chief executive under section 79(1A); or 3
(ii) a requirement of the commission under subsection (2). 4
`(6) If the commission refuses to grant a repairer's, gaming nominee's, 5
gaming employee's or key monitoring employee's licence, the chief 6
executive must have any fingerprints of the applicant taken for the 7
application for the licence destroyed as soon as practicable. 8
`(7) If the commission grants a licence under this part, the chief executive 9
must immediately give written notice of the decision to the applicant. 10
`(8) If the commission refuses to grant a licence under this part, the chief 11
executive must immediately give the applicant an information notice for the 12
decision. 13
`(9) If the applicant is a person in relation to whom the chief executive 14
has given an approval to a licensee for section 75(4) or (6),23 the chief 15
executive must give a copy of the notice under subsection (7) or (8) to the 16
licensee.'. 17
of s 81 (Issue of licences) 18
Amendment
Clause 63.(1) Section 81(2)(b), `licence, machine manager's'-- 19
omit, insert-- 20
`, gaming nominee's, gaming employee's'. 21
(2) Section 81(2)(d)-- 22
omit. 23
(3) Section 81-- 24
insert-- 25
`(3) If a licence is granted on conditions, the conditions may be stated in 26
the licence. 27
23 Section 75 (Licensing requirements for carrying out gaming duties on licensed
premises)
s 64 111 s 66
Gaming Machine and Other Legislation
Amendment
`(4) If a licence is granted on conditions and the conditions are not stated 1
in the licence, the licence, when issued under subsection (1), must be 2
accompanied by written notice of the conditions.'. 3
of s 83 (Term of licences) 4
Amendment
Clause 64. Section 83(1), `2 years'-- 5
omit, insert-- 6
`5 years'. 7
of s 86 (Renewal and continuance of licences) 8
Amendment
Clause 65.(1) Section 86(2)(b), `machine manager's'-- 9
omit, insert-- 10
`gaming nominee's, gaming employee's'. 11
(2) Section 86(5)-- 12
omit, insert-- 13
`(5) If a licensee complies with this section, the chief executive must 14
renew the licence for 5 years starting on-- 15
(a) if an extension was not given under subsection (3)--the day after 16
its last expiry; or 17
(b) if an extension was given under subsection (3)--the day after the 18
day it would have last expired apart from the extension.'. 19
of s 88 (Display of certain licences) 20
Amendment
Clause 66.(1) Section 88, heading, after `licences'-- 21
insert-- 22
`, identity cards and particulars'. 23
(2) Section 88(2), penalty-- 24
omit, insert-- 25
`Maximum penalty--40 penalty units.'. 26
s 66 112 s 66
Gaming Machine and Other Legislation
Amendment
(3) Section 88, at the end-- 1
insert-- 2
`(3) If a gaming employee, in carrying out gaming duties for licensed 3
premises, makes a decision affecting a person on the premises, the gaming 4
employee must, if asked by the person affected by the decision, produce for 5
the person's inspection, the gaming employee's formal identification card, 6
unless the gaming employee has a reasonable excuse. 7
Maximum penalty--40 penalty units. 8
`(4) If a licensee's nominee for licensed premises of the licensee, while 9
acting in the capacity of the licensee's nominee for the premises, makes a 10
decision affecting a person on the premises, the nominee must, if asked by 11
the person affected by the decision, produce for the person's inspection, the 12
nominee's formal identification card, unless the nominee has a reasonable 13
excuse. 14
Maximum penalty--40 penalty units. 15
`(5) A licensee who has a nominee for licensed premises of the licensee 16
must display in a conspicuous position inside the premises, and in a way 17
that is legible from a reasonable distance-- 18
(a) the nominee's name; and 19
(b) notice that the nominee is the licensee's nominee for the 20
premises. 21
Maximum penalty--40 penalty units. 22
`(6) In this section-- 23
"formal identification card", for a gaming employee, means-- 24
(a) if the gaming employee is a licensed gaming employee employed 25
under section 75(3), (4) or (5) 24--the gaming employee's licence 26
held by the employee; or 27
24 Section 75 (Licensing requirements for carrying out gaming duties on licensed
premises)
s 67 113 s 68
Gaming Machine and Other Legislation
Amendment
(b) if the gaming employee is a licensed gaming nominee employed 1
under section 75(3) or (4)--the gaming nominee's licence held 2
by the employee; or 3
(c) for another gaming employee--the identity card given to the 4
gaming employee under section 75(10) or 76C(1). 5
"formal identification card", for a nominee, means-- 6
(a) for a nominee mentioned in section 76B(1)25-- the gaming 7
nominee's licence held by the nominee; or 8
(b) for a nominee mentioned in section 76B(2)--the gaming 9
employee's licence held by the nominee; or 10
(c) for another nominee--the identity card given to the nominee 11
under section 76C(1).26'. 12
of s 89 (Disclosure of influential or benefiting parties) 13
Amendment
Clause 67. Section 89(3)(a) and (4)(a)(i) and (c)(i), `a natural person'-- 14
omit, insert-- 15
`an individual'. 16
of s 90 (Investigations of holders of licences and 17
Replacement
associates) 18
Clause 68. Section 90-- 19
omit, insert-- 20
audit programs for licensed gaming nominees and 21
`Approving
associates 22
`90.(1) The Minister may approve-- 23
(a) an audit program for investigating licensed gaming nominees; 24
and 25
25 Section 76B (Meaning of nominee)
26 Section 76C (Identity cards for certain nominees)
s 68 114 s 68
Gaming Machine and Other Legislation
Amendment
(b) an audit program for investigating associates of licensed gaming 1
nominees. 2
`(2) An audit program approved by the Minister may not provide for the 3
investigation of persons under the program at intervals of less than 2 years. 4
investigations of licensed persons and associates 5
`Conducting
`90A.(1) The chief executive may investigate a licensed person to help 6
the chief executive decide whether the person is a suitable person to hold a 7
licence of the kind held by the person. 8
`(2) The chief executive may investigate an associate of a licensed person 9
to help the chief executive decide whether the associate is a suitable person 10
to be an associate of the licensed person. 11
`(3) However, the chief executive may investigate a licensed person-- 12
(a) only if the chief executive reasonably suspects the person is not a 13
suitable person to hold a licence of the kind held by the person; or 14
(b) if the licensed person is a licensed gaming nominee--only if the 15
investigation is conducted under a nominees audit program. 16
`(4) Also, the chief executive may investigate an associate of a licensed 17
person-- 18
(a) only if the chief executive reasonably suspects the associate is not 19
a suitable person to be an associate of the licensed person; or 20
(b) if the associate is an associate of a licensed gaming 21
nominee--only if-- 22
(i) the investigation is conducted under an associates 23
(nominees) audit program; or 24
(ii) for an associate who became an associate of the licensed 25
gaming nominee after the issue of the nominee's 26
licence--the associate has not been investigated previously 27
under an associates (nominees) audit program. 28
`(5) The chief executive must ensure the investigation of a person under a 29
nominees audit program or associates (nominees) audit program is 30
conducted in compliance with the program. 31
s 69 115 s 69
Gaming Machine and Other Legislation
Amendment
to give information or document for investigation 1
`Requirement
`90B.(1) In investigating a person under section 90A, the chief executive 2
may, by written notice given to the person, require the person to give the 3
chief executive information or a document the chief executive considers 4
relevant to the investigation. 5
`(2) When making the requirement, the chief executive must warn the 6
person it is an offence to fail to comply with the requirement, unless the 7
person has a reasonable excuse. 8
to give information or document for investigation 9
`Failure
`90C.(1) A person of whom a requirement is made under section 90B 10
must comply with the requirement, unless the person has a reasonable 11
excuse. 12
Maximum penalty--200 penalty units. 13
`(2) It is a reasonable excuse for the person not to comply with the 14
requirement if complying with the requirement might tend to incriminate 15
the person. 16
`(3) The person does not commit an offence against this section if the 17
information or document sought by the chief executive is not in fact relevant 18
to the investigation.'. 19
of s 92 (Notifications re employment and agreements) 20
Amendment
Clause 69.(1) Section 92, heading-- 21
omit, insert-- 22
`Returns about employees and agreements'. 23
(2) Section 92(1), definition "employer", `licensee'-- 24
omit, insert-- 25
`licensed operator'. 26
(3) Section 92(2) to (7)-- 27
omit, insert-- 28
s 69 116 s 69
Gaming Machine and Other Legislation
Amendment
`(2) An employer must give the chief executive a return as required by 1
this section stating the name and licence number of each person employed 2
by the employer as a licensed repairer when the return is given. 3
Maximum penalty--40 penalty units. 4
`(3) An employer must give the chief executive a return as required by 5
this section stating the name and licence number of each person with whom 6
the employer has a service contract when the return is given. 7
Maximum penalty--40 penalty units. 8
`(4) A licensee must give the chief executive a return as required by this 9
section stating-- 10
(a) the name and licence number of each licensed gaming employee 11
employed by the licensee under section 75(3), (4) or (5)27 for 12
licensed premises of the licensee when the return is given; and 13
(b) the name of each applicant for a gaming employee's licence 14
employed by the licensee under section 75(4) or (6) for licensed 15
premises of the licensee when the return is given; and 16
(c) the name and licence number of each licensed gaming nominee 17
who is a nominee of the licensee under section 76B(1)28 for 18
licensed premises of the licensee when the return is given; and 19
(d) the name and licence number of each licensed gaming employee 20
who is a nominee of the licensee under section 76B(2) for 21
licensed premises of the licensee when the return is given; and 22
(e) the name of each applicant for a gaming nominee's licence who is 23
a nominee of the licensee under section 76B(3) for licensed 24
premises of the licensee when the return is given. 25
Maximum penalty--40 penalty units. 26
`(5) A return for subsection (2), (3) or (4) must-- 27
(a) be in the approved form; and 28
27 Section 75 (Licensing requirements for carrying out gaming duties on licensed
premises)
28 Section 76B (Meaning of nominee)
s 69 117 s 69
Gaming Machine and Other Legislation
Amendment
(b) be given within 7 days after being requested by the chief 1
executive to give the return. 2
`(6) A request made by the chief executive to an employer or licensee for 3
subsection (5)(b)-- 4
(a) must be in writing; and 5
(b) must not be made within 1 month of a previous request made to 6
the employer or licensee for subsection (5)(b).'. 7
(4) Section 92(9), `a licensee'-- 8
omit, insert-- 9
`a licensed operator'. 10
(5) Section 92(9), `or licensee'-- 11
omit, insert-- 12
`or licensed operator'. 13
(6) Section 92(10), `a licensee'-- 14
omit, insert-- 15
`a licensed operator'. 16
(7) Section 92(11)-- 17
omit, insert-- 18
`(11) A licensee must immediately end the employment of a person 19
employed by the licensee if-- 20
(a) the person is employed on the basis the person is a licensed 21
gaming employee and the licensee becomes aware the person is 22
not a licensed gaming employee; or 23
(b) the person is employed on the basis the person is a licensed 24
gaming nominee and the licensee becomes aware the person is 25
not a licensed gaming nominee; or 26
s 70 118 s 70
Gaming Machine and Other Legislation
Amendment
(c) the person is employed under section 75(4)(b) or (6)29 and the 1
licensee becomes aware the application of the person for a 2
gaming employee's or nominee's licence has been refused. 3
Maximum penalty--200 penalty units. 4
`(11A) A licensee must immediately take action to stop a person being 5
the licensee's nominee for licensed premises of the licensee if-- 6
(a) the licensee designated the person as the licensee's nominee for 7
the premises on the basis the person was a licensed gaming 8
nominee and the licensee becomes aware the person is not a 9
licensed gaming nominee; or 10
(b) the licensee designated the person as the licensee's nominee for 11
the premises on the basis the person was a licensed gaming 12
employee and the licensee becomes aware the person is not a 13
licensed gaming employee; or 14
(c) the person became the licensee's nominee for the premises under 15
section 76B(3) and the licensee becomes aware the application of 16
the person for a gaming nominee's licence has been refused. 17
Maximum penalty--200 penalty units.'. 18
(8) Section 92(12), from `or (11)' to `referred to'-- 19
omit, insert-- 20
`, (11) or (11A) is sufficient authority to take the action mentioned'. 21
of s 93 (Surrender of licences) 22
Amendment
Clause 70. Section 93(2)-- 23
omit, insert-- 24
`(2) The notification must be signed in the same way an application for a 25
licence under this part is required to be signed. 26
29 Section 75 (Licensing requirements for carrying out gaming duties on licensed
premises)
s 71 119 s 71
Gaming Machine and Other Legislation
Amendment
`(3) The surrender of the licence takes effect-- 1
(a) if paragraph (b) or (c) does not apply--on the day (the "set day") 2
that is 14 days after the notification of surrender is given; or 3
(b) if a day of effect that is later than the set day is stated in the 4
notification of surrender--on the day stated in the notification; or 5
(c) if, at the request of the holder of the licence, the chief executive, 6
by written notice, approves a day of effect that is earlier than the 7
set day--on the day approved by the chief executive.'. 8
of s 94 (Cancellation or suspension of licences under this 9
Amendment
part) 10
Clause 71.(1) Section 94(1)(b)-- 11
insert-- 12
`(ia) contravenes a provision of this Act (being a provision a 13
contravention of which is not an offence against this Act); 14
or'. 15
(2) Section 94(1)(b)(iii)-- 16
omit, insert-- 17
`(iii) is affected by control action under the Corporations Law; 18
or'. 19
(3) Section 94(3)-- 20
omit, insert-- 21
`(3) The chief executive must give a copy of the notice to show cause to 22
each person the chief executive believes is an interested person of the holder 23
of the licence. 24
`(3A) Also, the chief executive may, by the notice to show cause-- 25
(a) require the holder of the licence, within the period stated in the 26
notice, to give a copy of the notice to each interested person of the 27
holder (other than an interested person to whom a copy of the 28
notice is given under subsection (3)); and 29
s 71 120 s 71
Gaming Machine and Other Legislation
Amendment
(b) if the chief executive considers it appropriate--require the holder 1
to give the copy in the way the chief executive considers 2
appropriate.'. 3
(4) Section 94(4) and (5), after `notice'-- 4
insert-- 5
`to show cause'. 6
(5) Section 94-- 7
insert-- 8
`(5A) If the chief executive makes a requirement of the holder of the 9
licence under subsection (3A)(a) about an interested person of the holder, 10
the chief executive may, at the holder's request, by written notice given to 11
the holder, designate the person to be an excluded interested person for the 12
holder. 13
`(5B) However, the chief executive may designate a person to be an 14
excluded interested person for the holder only if the chief executive 15
considers it would not be appropriate, or would be unreasonable, in the 16
circumstances to require the holder of the licence to give a copy of the notice 17
to show cause to the person, having regard to the following issues-- 18
(a) the nature of the person's interest; 19
(b) the likelihood of the person's interest not being affected adversely 20
by a suspension or cancellation of the licence; 21
(c) the likelihood of the interest of the holder of the licence being 22
improperly prejudiced; 23
(d) another issue the chief executive considers relevant. 24
`(5C) If a requirement is made of the holder of the licence under 25
subsection (3A), the holder must comply with the requirement, unless-- 26
(a) the holder has a reasonable excuse; or 27
(b) the interested person to whom the requirement relates is an 28
excluded interested person for the holder. 29
Maximum penalty--40 penalty units.'. 30
(6) Section 94(6), `notice is issued'-- 31
s 71 121 s 71
Gaming Machine and Other Legislation
Amendment
omit, insert-- 1
`notice to show cause is issued'. 2
(7) Section 94(7), `a copy notice is issued under subsection (3)'-- 3
omit, insert-- 4
`a copy of the notice to show cause is given, or is required to be given, 5
under this section'. 6
(8) Section 94(8)(a), after `to the notice'-- 7
insert-- 8
`and, by written notice, is to advise the holder of the licence accordingly'. 9
(9) Section 94-- 10
insert-- 11
`(12A) If the commission gives a direction to the holder of the licence 12
under subsection (12)(c) and the holder fails to comply with the direction 13
within the time stated in the relevant notice, the commission may-- 14
(a) cancel the licence; or 15
(b) suspend the licence for the period the commission considers 16
appropriate. 17
`(12B) If, under subsection (12), the commission decides to take no 18
action about a licence under this part, the chief executive must immediately 19
give the holder of the licence written notice of the decision.'. 20
(10) Section 94(16), after `subsection (12)(d)'-- 21
insert-- 22
`or (12A)'. 23
(11) Section 94-- 24
insert-- 25
`(17) In this section-- 26
"excluded interested person", for the holder of a licence under this part, 27
means an interested person of the holder designated by the chief 28
executive to be an excluded interested person for the holder. 29
s 72 122 s 74
Gaming Machine and Other Legislation
Amendment
"interested person", for the holder of a licence under this part, means a 1
person the holder knows, or ought reasonably to know, has an interest 2
in the licence.'. 3
of s 95 (Suspension of licences pending decision 4
Amendment
under s 94) 5
Clause 72.(1) Section 95, heading-- 6
omit, insert-- 7
`Immediate suspension of licences'. 8
(2) Section 95(1), words after `this part'-- 9
omit. 10
(3) Section 95-- 11
insert-- 12
`(5) The suspension of a licence under this section continues to have 13
effect until the notice to show cause issued to the holder of the licence by the 14
chief executive in complying with subsection (4) is finally dealt with.'. 15
of s 96 (Effect of suspension of licence) 16
Amendment
Clause 73. Section 96, after `94(12)'-- 17
insert-- 18
`or (12A)'. 19
of new ss 96A and 96B 20
Insertion
Clause 74. After section 96-- 21
insert-- 22
to interested persons 23
`Notices
`96A.(1) This section applies if the chief executive-- 24
s 74 123 s 74
Gaming Machine and Other Legislation
Amendment
(a) is required, under section 94(8)(a), not to take any action or any 1
further action about a notice to show cause issued to the holder of 2
a licence under section 94(2); or 3
(b) issues a letter of censure to the holder of a licence under 4
section 94(8)(b); or 5
(c) gives directions to the holder of a licence under section 94(8)(c). 6
`(2) This section also applies if, under section 94(12), the commission-- 7
(a) decides to take no action about a licence; or 8
(b) causes a letter of censure to be issued to the holder of a licence; or 9
(c) gives a direction to the holder of a licence; or 10
(d) cancels or suspends a licence. 11
`(3) This section also applies if the commission-- 12
(a) cancels or suspends a licence under section 94(12A); or 13
(b) suspends a licence under section 95(1). 14
`(4) As soon as practicable after an event mentioned in subsection (1), 15
(2) or (3) happens, the chief executive must give written notice of the event 16
to each person to whom the chief executive gave a copy of the relevant 17
notice to show cause under section 94(3). 18
`(5) Also, the holder of the licence must, within 7 days after receiving a 19
show cause result notice for an event mentioned in subsection (1), (2) or 20
(3), give a copy of the notice to each person to whom the holder gave, or 21
was required to give, a copy of the relevant notice to show cause because of 22
a requirement under section 94(3A). 23
`(6) For subsections (4) and (5), an event for subsection (1)(a) is taken to 24
be the arising of a requirement mentioned in the paragraph. 25
`(7) In this section-- 26
"show cause result notice" means-- 27
(a) a written notice given by the chief executive advising of-- 28
(i) the arising of a requirement mentioned in subsection (1)(a); 29
or 30
s 75 124 s 76
Gaming Machine and Other Legislation
Amendment
(ii) the making of a decision mentioned in subsection (2)(a); or 1
(iii) the taking of action mentioned in subsection (2)(d) or (3)(a) 2
or (b); or 3
(b) a letter of censure mentioned in subsection (1)(b) or (2)(b); or 4
(c) the notice by which a direction mentioned in subsection (1)(c) or 5
(2)(c) is given. 6
of fingerprints 7
`Destruction
`96B.(1) This section applies if-- 8
(a) a person ceases to be a licensed repairer, licensed gaming 9
nominee, licensed gaming employee or licensed key monitoring 10
employee; or 11
(b) a person who is an individual ceases to be a licensed service 12
contractor. 13
`(2) The chief executive must have any fingerprints of the person taken 14
for the application for the licence held by the person destroyed as soon as 15
practicable.'. 16
of s 97 (Provisional licences) 17
Amendment
Clause 75. Section 97(4)(a) and (7), `machine manager's'-- 18
omit, insert-- 19
`gaming nominee's licence, gaming employee's licence'. 20
of s 98 (Installation and storage of gaming machines by 21
Amendment
licensees) 22
Clause 76.(1) Section 98(1), from `a gaming machine provided' to 23
`section 55'-- 24
omit, insert-- 25
`each authorised gaming machine of the licensee'. 26
(2) Section 98(2)-- 27
s 77 125 s 79
Gaming Machine and Other Legislation
Amendment
omit, insert-- 1
`(2) A licensee must cause an authorised gaming machine of the licensee 2
that is not installed in a gaming machine area on the licensee's licensed 3
premises-- 4
(a) to be stored on premises approved by the chief executive; and 5
(b) to be secured in the way approved by the chief executive. 6
Maximum penalty--200 penalty units.'. 7
of s 98A (Licensee's register of gaming machines) 8
Amendment
Clause 77.(1) Section 98A(1), `must'-- 9
omit, insert-- 10
`must, at each of the licensee's licensed premises,'. 11
(2) Section 98(1), `licensee's licensed'-- 12
omit. 13
of s 99 (Gaming machines not to be played if not 14
Amendment
installed in gaming machine area) 15
Clause 78.(1) Section 99(1)(a)-- 16
omit, insert-- 17
`(a) that is an authorised gaming machine of a licensee; and'. 18
(2) Section 99(2)(a)-- 19
omit, insert-- 20
`(a) that is an authorised gaming machine of a licensee; and'. 21
of s 106 (Licensees not to extend credit) 22
Amendment
Clause 79.(1) Section 106, heading, after `Licensees'-- 23
insert-- 24
`or employees'. 25
s 80 126 s 80
Gaming Machine and Other Legislation
Amendment
(2) Section 106-- 1
insert-- 2
`(2) An employee of a licensee must not, in the course of the employee's 3
employment, make a loan or extend credit in any form to any person, 4
including the employee, to enable the person or another person to play a 5
gaming machine on the licensee's licensed premises. 6
Maximum penalty--200 penalty units.'. 7
of new s 110A 8
Insertion
Clause 80. After section 110-- 9
insert-- 10
payments 11
`Unclaimed
`110A.(1) If the person entitled to a non-monetary payment in relation to 12
playing a gaming machine does not collect the payment within 3 months 13
after the person becomes entitled to the payment, the relevant person may-- 14
(a) dispose of the payment by public auction or tender or in some 15
other way approved by the chief executive; and 16
(b) pay for the disposal from the proceeds of sale. 17
`(2) Also, the relevant person must deal with any amount remaining 18
from the proceeds of sale as required under subsection (4). 19
Maximum penalty--100 penalty units. 20
`(3) If a person is entitled to a monetary payment in relation to playing a 21
gaming machine and the amount is not paid within 3 months after the 22
person becomes entitled to the payment, the relevant person must, within 23
14 days after the end of the 3 months, deal with the amount as required 24
under subsection (4). 25
Maximum penalty--100 penalty units. 26
`(4) The relevant person must, for an amount mentioned in 27
subsection (2) or (3)-- 28
(a) if the relevant person knows who is entitled to receive the amount 29
and the person's whereabouts--pay the amount to the person; or 30
s 81 127 s 81
Gaming Machine and Other Legislation
Amendment
(b) if the relevant person knows who is entitled to receive the 1
amount, but the relevant person does not know the person's 2
whereabouts--pay the amount into the designated departmental 3
account; or 4
(c) if the relevant person does not know who is entitled to receive the 5
amount--pay the amount into the designated departmental 6
account. 7
`(5) In this section-- 8
"designated departmental account" means an account at the department 9
designated under a regulation as the account to which payments are to 10
be made under subsection (4)(b) or (c). 11
"payment" does not include promotions. 12
"relevant person" means-- 13
(a) for a multiple site linked jackpot arrangement--the licensed 14
operator; or 15
(b) otherwise--the licensee.'. 16
of s 111 (Malfunction of gaming machines) 17
Amendment
Clause 81.(1) Section 111(1), `machine manager may'-- 18
omit, insert-- 19
`gaming employee may'. 20
(2) Section 111(1), from `in respect of which' to `machine manager 21
is'-- 22
omit, insert-- 23
`for which the gaming employee is employed to carry out gaming duties, 24
if the gaming employee is'. 25
(3) Section 111(3), `machine manager'-- 26
omit, insert-- 27
`gaming employee'. 28
s 82 128 s 85
Gaming Machine and Other Legislation
Amendment
of s 112 (Defective gaming machines not allowed) 1
Amendment
Clause 82. Section 112(1), definition "licensee", paragraph (a), `machine 2
manager'-- 3
omit, insert-- 4
`gaming employee'. 5
of s 114 (Certain persons only to have access etc. to 6
Amendment
gaming machines) 7
Clause 83.(1) Section 114(g), `machine manager'-- 8
omit, insert-- 9
`gaming employee'. 10
(2) Section 114(k)-- 11
omit. 12
of ss 115 and 116 13
Omission
Clause 84. Sections 115 and 116-- 14
omit. 15
of s 123 (Ascertainment of age) 16
Amendment
Clause 85. Section 123(3), definition "authorised person"-- 17
omit, insert-- 18
` "authorised person", for licensed premises means-- 19
(a) the licensee of the premises; or 20
(b) a gaming employee for the premises; or 21
(c) another employee of the licensee of the premises; or 22
(d) an inspector; or 23
(e) a police officer.'. 24
s 86 129 s 88
Gaming Machine and Other Legislation
Amendment
of s 129 (Obstruction generally) 1
Amendment
Clause 86. Section 129, `machine manager'-- 2
omit, insert-- 3
`gaming employee'. 4
of s 140 (Possession etc. of gaming machines and 5
Amendment
restricted components by licensees) 6
Clause 87.(1) Section 140(1)(a)-- 7
omit, insert-- 8
`(a) be in possession of-- 9
(i) the licensee's authorised gaming machines; and 10
(ii) linked jackpot equipment for a linked jackpot arrangement 11
involving the licensee's authorised gaming machines; and'. 12
(2) Section 140(2)(a) and (b)-- 13
omit, insert-- 14
`(a) a gaming machine that is not an authorised gaming machine of 15
the licensee; or 16
(b) an authorised gaming machine of the licensee the game for which 17
is not-- 18
(i) if the game has not been changed under this Act--the game 19
approved for the machine by the chief executive; or 20
(ii) if the game has been changed under this Act--the game as 21
changed, or last changed.'. 22
of s 141 (Possession etc. of gaming machines etc. by other 23
Amendment
persons) 24
Clause 88. Section 141(3)(a), ` or an approved financier'-- 25
omit, insert-- 26
`, an approved financier, a licensee or another gaming trainer'. 27
s 89 130 s 90
Gaming Machine and Other Legislation
Amendment
of s 145 (Procedure for determination of tenders) 1
Amendment
Clause 89. Section 145(1)(d)(i), `a natural person'-- 2
omit, insert-- 3
`an individual'. 4
of s 146A (Changes to approved games) 5
Replacement
Clause 90. Section 146A-- 6
omit, insert-- 7
approved games 8
`Replacing
`146A.(1) This section applies if-- 9
(a) a licensed operator or licensee replaces, or causes to be replaced, 10
an approved game (the "old game") with another approved game 11
(the "new game"); and 12
(b) the percentage return to players for the new game is different 13
from the percentage return to players for the old game. 14
`(2) The licensed operator or licensee must not replace, or cause to be 15
replaced, the new game with another game having a different percentage 16
return to players-- 17
(a) if paragraph (b) does not apply--within 1 month after the old 18
game was replaced; or 19
(b) if a shorter period is approved by the chief executive--within the 20
shorter period. 21
Maximum penalty--200 penalty units. 22
`(3) In this section-- 23
"approved game" means a game approved by the chief executive under 24
section 146. 25
to percentage returns 26
`Changes
`146B.(1) A licensed operator or licensee may change, or cause to be 27
changed, the percentage return to players for a game for a gaming machine 28
s 91 131 s 91
Gaming Machine and Other Legislation
Amendment
on licensed premises. 1
`(2) Unless the chief executive, by written notice given to the licensed 2
operator or licensee, approves otherwise, the change must be applied to each 3
gaming machine that-- 4
(a) is not part of a linked jackpot arrangement; and 5
(b) has the same game and betting unit; and 6
(c) is installed at the licensed premises to which the change relates. 7
`(3) A person must not make, or cause to be made, a change mentioned 8
in subsection (1) (a "return change") in the period prescribed under a 9
regulation (the "restricted period"). 10
Maximum penalty--200 penalty units. 11
`(4) A person does not commit an offence against subsection (3) if-- 12
(a) ownership of a gaming machine mentioned in subsection (2) 13
changes in the restricted period; and 14
(b) a return change is made in the period but-- 15
(i) only after the change of ownership; and 16
(ii) only once in the period.'. 17
of new s 148A 18
Insertion
Clause 91. After section 148-- 19
insert-- 20
the acquisition of gaming equipment or ancillary or related 21
`Inducing
equipment 22
`148A.(1) A person (the "offerer") must not offer another person (the 23
"negotiator"), or give to the negotiator, an inducement for the negotiator to 24
induce a third person, who is an acquirer, to acquire equipment or a service. 25
Maximum penalty--1 000 penalty units or 5 years imprisonment. 26
`(2) A negotiator must not accept an inducement for the acquisition by an 27
acquirer of equipment or a service. 28
Maximum penalty--1 000 penalty units or 5 years imprisonment. 29
s 92 132 s 92
Gaming Machine and Other Legislation
Amendment
`(3) A person does not commit an offence against subsection (1) or (2) if 1
the inducement consists of only reasonable food or refreshment offered or 2
given by the offerer, or out-of-pocket expenses reasonably incurred by the 3
negotiator, in the course of negotiating the acquisition of the equipment or 4
service. 5
`(4) In this section-- 6
"acquirer" means an approved financier, gaming trainer, licensed operator, 7
licensed repairer, licensed service contractor or licensee. 8
"equipment" means gaming equipment or ancillary or related equipment. 9
"inducement" means a direct or indirect payment, benefit or advantage. 10
11
Example of what is an "inducement"--
12
A pre-paid holiday trip.
"service" includes the provision of any of the following-- 13
· finance 14
· adjustment, alteration, installation, maintenance or repair of 15
gaming equipment 16
· linked jackpots 17
· management advice 18
· marketing 19
· training.'. 20
of s 151 (Gaming prohibited on unprotected devices) 21
Amendment
Clause 92.(1) Section 151(3)(a), `repairs'-- 22
omit, insert-- 23
`installation, alteration, adjustment, maintenance or repair'. 24
(2) Section 151(3)(b)-- 25
omit, insert-- 26
s 93 133 s 95
Gaming Machine and Other Legislation
Amendment
`(b) an alteration to effect a change of game directed by the chief 1
executive under section 55A(1).30'. 2
of s 152 (Unlawful interference with gaming equipment) 3
Amendment
Clause 93. Section 152(2)(c)-- 4
omit, insert-- 5
`(c) an alteration to a gaming machine to effect a change of game 6
directed by the chief executive under section 55A(1); or'. 7
of s 153 (Protection of sensitive areas of gaming 8
Amendment
equipment) 9
Clause 94.(1) Section 153(2), from `subsection (1)(a)'-- 10
omit, insert-- 11
`subsection (1) if the licensed repairer does not, without the licensed 12
operator's approval-- 13
(a) break a seal securing a computer cabinet; or 14
(b) fix a seal to a computer cabinet; or 15
(c) remove or interfere with a mark or seal fixed to gaming 16
equipment to preserve the integrity of the equipment's operation; 17
or 18
(d) fix a mark or seal to gaming equipment to preserve the integrity 19
of the equipment's operation.'. 20
(2) Section 153(5)-- 21
omit. 22
of s 155 (Use of gaming machines not provided to 23
Amendment
licensees) 24
Clause 95.(1) Section 155, heading-- 25
30 Section 55A (Directions to licensees about authorised gaming machines)
s 96 134 s 97
Gaming Machine and Other Legislation
Amendment
omit, insert-- 1
`Use of unauthorised gaming machines'. 2
(2) Section 155(1), `provided by the chief executive to a licensee'-- 3
omit, insert-- 4
`a licensee's authorised gaming machine'. 5
of s 158 (Accounts and analyses) 6
Amendment
Clause 96.(1) Section 158(1), `must'-- 7
omit, insert-- 8
`must, for each of the licensee's licensed premises,'. 9
(2) Section 158(1), `on the licensee's licensed premises'-- 10
omit, insert-- 11
`on the premises'. 12
(3) Section 158(1A)-- 13
omit. 14
(4) Section 158(2), `or licensed monitoring operator'-- 15
omit. 16
of s 159 (Monthly gaming machine reconciliation reports 17
Amendment
to be submitted) 18
Clause 97.(1) Section 159, heading, `to be submitted'-- 19
omit. 20
(2) Section 159(1)-- 21
omit, insert-- 22
`159.(1) A licensee of category 1 or 2 licensed premises must, for each 23
of the licensee's licensed premises-- 24
(a) by the day prescribed under a regulation for each month, prepare 25
a monthly gaming machine reconciliation report for the premises; 26
s 98 135 s 100
Gaming Machine and Other Legislation
Amendment
and 1
(b) keep a hard copy of the report on the premises.'. 2
of s 161 (Audit of accounts of licensee) 3
Amendment
Clause 98. Section 161(1)(d)-- 4
omit, insert-- 5
`(d) a member of the National Institute of Accountants who-- 6
(i) holds a current public practice certificate issued by the 7
institute; and 8
(ii) has satisfactorily completed an auditing component of a 9
course of study in accountancy at a tertiary level conducted 10
by an institution prescribed under the Corporations Law, 11
section 1280(2);31 or 12
`(e) a person approved by the chief executive as having the necessary 13
experience or qualifications to be an accountant for this section.'. 14
of s 161A (Audit of accounts of licensed operators) 15
Omission
Clause 99. Section 161A-- 16
omit. 17
of s 163 (Monthly taxable metered win) 18
Amendment
Clause 100.(1) Section 163(1), after `each licensed premises'-- 19
omit. 20
(2) Section 163-- 21
insert-- 22
`(1A) Subject to subsection (1B) and section 175, the monthly taxable 23
metered win of a licensed premises is taken to be, for the preceding 24
month-- 25
31 Corporations Law, section 1280 (Registration of auditors)
s 101 136 s 101
Gaming Machine and Other Legislation
Amendment
(a) for category 1 licensed premises--the monthly taxable metered 1
win of the premises; or 2
(b) for category 2 licensed premises-- 3
(i) if the gaming machine licence for the premises is for a single 4
premises--the monthly taxable metered win of the 5
premises; or 6
(ii) if the gaming machine licence for the premises is for 7
multiple premises--the combined monthly taxable metered 8
win for all the premises. 9
`(1B) For licensed premises mentioned in subsection (1A)(b)(ii), a 10
gaming machine tax or penalty payable under this part is payable on the 11
combined monthly taxable metered win for all the premises as if the 12
multiple premises were a single premises. 13
`(3) If the electronic monitoring system malfunctions in a way that 14
affects the assessment, the chief executive must ensure the assessment is 15
made in another way decided by the chief executive.'. 16
of s 170 (Payment of monthly fees, taxes etc.) 17
Amendment
Clause 101.(1) Section 170(1), `A licensee'-- 18
omit, insert-- 19
`Subject to subsections (1A) and (1B) and section 163(1B), a'. 20
(2) Section 170-- 21
insert-- 22
`(1A) The chief executive may, by written notice given to a licensee, 23
direct the licensee to pay an amount mentioned in subsection (1) by 24
instalments. 25
`(1B) The licensee must comply with the direction. 26
Maximum penalty--200 penalty units.'. 27
(3) Section 170(2), `Payments'-- 28
s 102 137 s 103
Gaming Machine and Other Legislation
Amendment
omit, insert-- 1
`Subject to section 163(1B), payments'. 2
of new s 170A 3
Insertion
Clause 102. After section 170-- 4
insert-- 5
of gaming machine tax 6
`Adjustment
`170A.(1) Subsection (2) applies to a licensee if the gaming machine tax 7
payable by the licensee for a month (the "reference month") is a negative 8
amount (a "tax credit"). 9
`(2) In working out the gaming machine tax payable for the month after 10
the reference month (the "first adjustment month"), the tax credit for the 11
reference month is, to the extent possible, to be set off against the gaming 12
machine tax that, apart from this section, would be payable for the first 13
adjustment month. 14
`(3) Subsection (4) applies if-- 15
(a) without applying subsection (2), the gaming machine tax for the 16
first adjustment month is a negative amount; or 17
(b) after applying subsection (2), part of the tax credit (the "tax 18
credit balance') for the reference month has not been set off 19
against gaming machine tax for the first adjustment month. 20
`(4) In working out the gaming machine tax payable for the month after 21
the first adjustment month (the "second adjustment month'), the tax 22
credit, or tax credit balance, for the reference month, is, to the extent 23
possible, to be set off against the gaming machine tax that, apart from this 24
subsection, would be payable for the second adjustment month.'. 25
of s 171 (Penalty for late payment) 26
Amendment
Clause 103. Section 171(1), `Where'-- 27
omit, insert-- 28
`Subject to section 163(1B), if'. 29
s 104 138 s 104
Gaming Machine and Other Legislation
Amendment
of s 173 (Statement and report by the chief executive) 1
Replacement
Clause 104. Section 173-- 2
omit, insert-- 3
operator's financial statement 4
`Licensed
`173.(1) A licensed operator who supplies basic monitoring services for 5
a licensee's licensed premises must, as required under subsection (2), give 6
the licensee a financial statement for the premises. 7
Maximum penalty--100 penalty units. 8
`(2) The financial statement must-- 9
(a) be given to the licensee as soon as practicable after the end of the 10
assessment period for the premises; and 11
(b) contain, for each of the licensee's licensed premises, the 12
particulars the chief executive considers appropriate for the 13
premises. 14
`(3) The chief executive may, by written notice given to a licensed 15
operator, require the licensed operator to give the chief executive a written 16
explanation about any matter contained in the financial statement. 17
`(4) The licensed operator must comply with a requirement under 18
subsection (3), unless the operator has a reasonable excuse. 19
Maximum penalty--100 penalty units. 20
`(5) The licensed operator must not give the chief executive an 21
explanation the operator knows is false, misleading or incomplete in a 22
material particular. 23
Maximum penalty--200 penalty units. 24
`(6) Subsection (5) does not apply to a licensed operator if the operator, 25
when giving the explanation, informs the chief executive in writing, to the 26
best of the operator's ability, how the explanation is false, misleading or 27
incomplete. 28
`(7) It is enough for a complaint for an offence against subsection (5) to 29
state that the explanation was false, misleading or incomplete to the 30
dependant's knowledge.'. 31
s 105 139 s 107
Gaming Machine and Other Legislation
Amendment
of s 174 (Disposition of fees etc.) 1
Amendment
Clause 105. Section 174(3), `section 173(1)(a)'-- 2
omit, insert-- 3
`section 173(1)'. 4
of s 176 (Recovery of fees and taxes) 5
Amendment
Clause 106.(1) Section 176(1), from `payable by the licensee'-- 6
omit, insert-- 7
`payable to the State-- 8
(a) by the licensee; or 9
(b) if the licensee is a body corporate that holds a category 10
1 licence--jointly and severally, by each person who is or was a 11
director of the body corporate when the amount becomes or 12
became payable.'. 13
(2) Section 176(2), `under to'-- 14
omit, insert-- 15
`under'. 16
of s 177 (Offences relating to revenue) 17
Replacement
Clause 107. Section 177-- 18
omit, insert-- 19
relating to revenue 20
`Offences
`177. A licensee must not wilfully evade the payment, in whole or part, 21
of-- 22
(a) a monthly fee or gaming machine tax payable under this part; or 23
(b) a penalty payable under section 171. 24
Maximum penalty--400 penalty units or 2 years imprisonment.'. 25
s 108 140 s 111
Gaming Machine and Other Legislation
Amendment
of s 178 (Offences relating to explanations) 1
Omission
Clause 108. Section 178-- 2
omit. 3
of s 186 (Certain persons not to play gaming machines) 4
Amendment
Clause 109. Section 186(2)-- 5
omit, insert-- 6
`(2) A person who is a licensee or gaming employee must not play 7
gaming machines installed on the licensed premises of which the person is 8
the licensee, or for which the person is employed to carry out gaming duties 9
as a gaming employee-- 10
(a) during the period the person is the licensee of, or a gaming 11
employee for, the licensed premises, except to the extent it is 12
necessary for carrying out duties as the licensee or a gaming 13
employee; and 14
(b) for 30 days after the person ceases to be the licensee of, or a 15
gaming employee for, the licensed premises. 16
Maximum penalty--40 penalty units.'. 17
of s 187 (Officers of division may be prohibited from 18
Amendment
playing gaming machines) 19
Clause 110. Section 187(1), `gaming machines provided to a licensee'-- 20
omit, insert-- 21
`authorised gaming machines of a licensee'. 22
of s 188 (Prohibition on control of applications by clubs) 23
Amendment
Clause 111. Section 188(a)-- 24
omit, insert-- 25
`(a) control over, or the ability to control, an application or the content 26
s 112 141 s 115
Gaming Machine and Other Legislation
Amendment
of an application by a club under part 3, whether or not the club 1
makes an application under the part; or'. 2
of new s 188A 3
Insertion
Clause 112. After section 188-- 4
insert-- 5
on control of gaming at clubs 6
`Prohibition
`188A. A person must not have or gain control over, or the ability to 7
control, the conduct of gaming at a club unless the person is the secretary, 8
an executive officer or a member of the club carrying out or exercising the 9
person's rights as secretary, executive officer or member. 10
Maximum penalty--200 penalty units.'. 11
of s 189 (Restriction on certain agreements) 12
Amendment
Clause 113. Section 189(6)-- 13
omit, insert-- 14
`(6) This section does not apply to an agreement entered into between a 15
licensee and a licensed operator for electronically monitoring the licensee's 16
gaming machines in conjunction with the supply of services relating to the 17
installation or operation of a linked jackpot arrangement on the licensee's 18
licensed premises.'. 19
of s 195 (Reporting of accounting discrepancies and 20
Amendment
criminal activity) 21
Clause 114. Section 195, `machine manager'-- 22
omit, insert-- 23
`gaming employee'. 24
of s 196 (Cheating) 25
Amendment
Clause 115. Section 196(3), definition "licensee", paragraph (a), `machine 26
s 116 142 s 119
Gaming Machine and Other Legislation
Amendment
manager'-- 1
omit, insert-- 2
`gaming employee'. 3
of s 206 (Proceedings for offences) 4
Amendment
Clause 116.(1) Section 206(3), (4) and (7), before `151(1)'-- 5
insert-- 6
`148A(1) or (2),'. 7
(2) Section 206(3), (4) and (7), `178,'-- 8
omit. 9
of s 212 (Disclosure of criminal history) 10
Amendment
Clause 117. Section 212(f), from `40(8)' to `90(2)'-- 11
omit, insert-- 12
`40(2), 40A(1), 60(2), 79(1A), 80(2), 90B(1)'. 13
of s 215 (Regulation making power) 14
Amendment
Clause 118. Section 215(2)(a)-- 15
omit, insert-- 16
`(a) arrangements and procedures for the taking of fingerprints of an 17
individual who is an applicant for a gaming machine, service 18
contractor's, repairer's gaming nominee's, gaming employee's or 19
key monitoring employee's licence; and'. 20
of s 217 (Approval of chief executive may be conditional) 21
Omission
Clause 119. Section 217-- 22
omit. 23
s 120 143 s 122
Gaming Machine and Other Legislation
Amendment
of new pt 11, div 1 hdg 1
Insertion
Clause 120. Part 11, before section 218-- 2
insert-- 3
`Division 1--Provisions for Gaming Machine Amendment Act 1997'. 4
of s 218 (Chief executive to supply gaming machines etc. 5
Amendment
until there is a licensed operator) 6
Clause 121. Section 218(2), after `56(5)'-- 7
insert-- 8
`as in force at the commencement of this section'. 9
of new pt 11, div 2 10
Insertion
Clause 122. Part 11, after section 222-- 11
insert-- 12
2--Provisions for Gaming Machine and Other Legislation 13
`Division
Amendment Act 1998 14
15
`Definitions
`223. In this part-- 16
"application period" means the period of 2 months starting on the 17
commencement day. 18
"commencement day" means the day on which the provision in which the 19
term is used commences. 20
"existing control system", for an existing operator, means the system of 21
internal controls and administrative and accounting procedures used, 22
immediately before the commencement day, by the operator for the 23
operator's monitoring operations. 24
"existing operator" means a person who-- 25
(a) immediately before the commencement day was a licensed 26
s 122 144 s 122
Gaming Machine and Other Legislation
Amendment
operator; and 1
(b) on the commencement day is a licensed operator. 2
"part 4 licence" means any of the following licences-- 3
· repairer's licence 4
· service contractor's licence 5
· gaming employee's licence 6
· key monitoring employee's licence. 7
"submission period" means the period of 1 month starting on the 8
commencement day. 9
"unresolved nominee's application', for a licensee's licensed premises, 10
means an application for a gaming nominee's licence that-- 11
(a) is made (whether under section 76E or 77) in the application 12
period; and 13
(b) is made by a person who, for the application, is nominated by the 14
licensee to be the licensee's nominee for the premises; and 15
(c) is not decided before the end of the application period. 16
of gaming machine licences 17
`Term
`224.(1) Section 47, as amended by the Gaming Machine and Other 18
Legislation Amendment Act 1998, applies only to a gaming machine licence 19
issued on or after the commencement day. 20
`(2) Section 47, as in force immediately before the commencement day, 21
continues to apply to a gaming machine licence issued before, and in force 22
on, the commencement day. 23
control systems for existing operators 24
`Approved
`225. An existing operator's existing control system is, with any 25
necessary modifications, taken to be the operator's approved control system 26
until-- 27
(a) if paragraph (b) does not apply--the end of the submission 28
s 122 145 s 122
Gaming Machine and Other Legislation
Amendment
period; or 1
(b) if, during the submission period, the existing operator makes a 2
control system submission to the chief executive--the chief 3
executive makes a decision under section 72ZZD 32 approving, or 4
refusing to approve, the control system to which the submission 5
relates. 6
of licensees 7
`Nominees
`226. Section 76D33 does not apply to a licensee for licensed premises of 8
the licensee-- 9
(a) until the end of the application period; or 10
(b) if, at the end of the application period, there is an unresolved 11
nominee's application for the premises--until the application is 12
decided. 13
for gaming nominees' licences 14
`Application
`227.(1) This section applies if, in the application period, an application 15
for a gaming nominee's licence is made by a licensed gaming employee 16
under section 76E.34 17
`(2) The application is taken to be accompanied by the prescribed fee for 18
the application if it is accompanied by a fee for an amount equal to the 19
prescribed fee less the discount amount. 20
`(3) In this section-- 21
"discount amount" means the amount calculated using the formula-- 22
M x PF 23
60 24
where-- 25
32 Section 72ZZD (Dealing with submissions)
33 Section 76D (Nominees of licensees)
34 Section 76E (Application for gaming nominee's licence by licensed gaming
employee)
s 122 146 s 122
Gaming Machine and Other Legislation
Amendment
"M" means the number of whole months remaining in the unexpired 1
period of the applicant's gaming employee's licence; 2
"PF" means the prescribed fee. 3
for machine managers' licences 4
`Applications
`228.(1) This section applies if an application for a machine manager's 5
licence was made, but not decided or withdrawn, before the commencement 6
day. 7
`(2) The application is taken to be an application for a gaming 8
employee's licence. 9
managers' licences 10
`Machine
`229. A machine manager's licence in force immediately before the 11
commencement day is taken to be a gaming employee's licence until-- 12
(a) the term for which the licence was issued, or renewed or last 13
renewed, expires; or 14
(b) the licence otherwise ceases to be in force. 15
machine managers 16
`Licensed
`230. A person who, immediately before the commencement day, was a 17
licensed machine manager is taken to be a licensed gaming employee 18
until-- 19
(a) the term for which the person's licence was issued, or renewed or 20
last renewed, expires; or 21
(b) the person's licence otherwise ceases to be in force. 22
of part 4 licences 23
`Term
`231.(1) Section 83, as amended by the Gaming Machine and Other 24
Legislation Amendment Act 1998, applies only to a part 4 licence issued on 25
or after the commencement day. 26
s 123 147 s 124
Gaming Machine and Other Legislation
Amendment
`(2) Section 83, as in force immediately before the commencement day, 1
continues to apply to a part 4 licence issued before, and in force on, the 2
commencement day.'. 3
PART 3--AMENDMENT OF CASINO CONTROL ACT 4
1982 5
amended in pt 3 6
Act
Clause 123. This part amends the Casino Control Act 1982. 7
of new s 71A 8
Insertion
Clause 124. After section 71-- 9
insert-- 10
winnings and prizes 11
`Unclaimed
`71A.(1) If a non-monetary prize for a game conducted in a casino is not 12
collected within 3 months after the game is conducted, the casino operator 13
may-- 14
(a) dispose of the prize by public auction or tender or in some other 15
way approved by the chief executive; and 16
(b) pay for the disposal from the proceeds of sale. 17
`(2) Also, the casino operator must deal with any amount remaining 18
from the proceeds of sale as required by this section. 19
Maximum penalty--100 penalty units. 20
`(3) If an amount for winnings for a game conducted in a casino is not 21
paid within 3 months after the game is conducted, the casino operator must, 22
within 14 days after the end of the 3 months, deal with the amount as 23
required by this section. 24
Maximum penalty--100 penalty units. 25
`(4) The casino operator must, for an amount mentioned in 26
s 125 148 s 126
Gaming Machine and Other Legislation
Amendment
subsection (2) or (3)-- 1
(a) if the casino operator knows who is entitled to receive the amount 2
and the person has a current deposit advance account with the 3
casino operator--pay the amount into the account; or 4
(b) if the casino operator knows who is entitled to receive the amount 5
and the person's whereabouts, and the person does not have a 6
current deposit advance account with the casino operator--pay the 7
amount to the person; or 8
(c) if the casino operator knows who is entitled to receive the 9
amount, but the casino operator does not know the person's 10
whereabouts and the person does not have a current deposit 11
advance account with the casino operator--pay the amount into 12
the designated departmental account; or 13
(d) if the casino operator does not know who is entitled to receive the 14
amount--pay the amount into the designated departmental 15
account. 16
`(5) In this section-- 17
"designated departmental account" means an account at the department 18
designated under a regulation as the account to which payments are to 19
be made under subsection (4)(c) or (d).'. 20
ART 4--AMENDMENT OF INTERACTIVE 21
P
GAMBLING (PLAYER PROTECTION) ACT 1998 22
amended in pt 4 23
Act
Clause 125. This part amends the Interactive Gambling (Player Protection) Act 24
1998. 25
of s 135 (Inactive players accounts) 26
Amendment
Clause 126. Section 135, after `players account'-- 27
s 127 149 s 128
Gaming Machine and Other Legislation
Amendment
insert-- 1
`with a licensed provider'. 2
of s 137 (Prohibition of interactive gambling) 3
Amendment
Clause 127. Section 137(8), `(1)(a)'-- 4
omit, insert-- 5
`(1)(b)'. 6
of s 162 (Approval of regulated interactive gambling 7
Amendment
equipment) 8
Clause 128.(1) Section 162(1), `A licensed provider'-- 9
omit, insert-- 10
`A person'. 11
(2) Section 162(1), `the licensed provider'-- 12
omit, insert-- 13
`a licensed provider'. 14
(3) Section 162(4), `licensed provider'-- 15
omit, insert-- 16
`person'. 17
(4) Section 162-- 18
insert-- 19
`(4A) The chief executive may impose conditions on the approval.'. 20
s 129 150 s 131
Gaming Machine and Other Legislation
Amendment
PART 5--AMENDMENT OF KENO ACT 1996 1
amended in pt 5 2
Act
Clause 129. This part amends the Keno Act 1996. 3
of s 148 (Extending credit) 4
Amendment
Clause 130.(1) Section 148, `a person'-- 5
omit, insert-- 6
`any person, including the operator,'. 7
(2) Section 148-- 8
insert-- 9
`(2) An employee of an authorised keno operator must not, in the course 10
of the employee's employment, make a loan or extend credit in any form to 11
any person, including the employee, to enable the person or another person 12
to take part in an approved keno game. 13
Maximum penalty--200 penalty units or 2 years imprisonment. 14
`(3) An authorised keno operator must refuse to pay a prize for an 15
approved keno game if the operator reasonably believes that the prize was 16
obtained because of a contravention of subsection (1) or (2). 17
`(4) In this section-- 18
"employee", of an authorised keno operator, means a person employed or 19
engaged by the operator (whether or not for fee or reward) in functions 20
relating to the conduct of keno gaming.'. 21
of s 152 (Claims for payment) 22
Replacement
Clause 131. Section 152-- 23
omit, insert-- 24
for payment 25
`Claims
`152.(1) If a claim for payment of a prize for an approved keno game is 26
s 132 151 s 132
Gaming Machine and Other Legislation
Amendment
made to an authorised keno operator, the operator must immediately try to 1
resolve the claim. 2
`(2) If the authorised keno operator reasonably believes the prize was 3
obtained because of a contravention of section 148(1) or (2), the operator 4
must resolve the claim by refusing to pay the prize. 5
`(3) If the authorised keno operator resolves the claim in the way 6
mentioned in subsection (2), or is not able to resolve the claim, the operator 7
must immediately give the claimant a written notice (a "claim result 8
notice") stating-- 9
(a) the decision; and 10
(b) that the claimant may, within 10 days after receiving the notice, 11
ask the chief executive to review the decision. 12
`(4) If the claim is resolved in the way mentioned in subsection (2), or is 13
not resolved, the claimant may ask the chief executive-- 14
(a) if the claimant did not receive a claim result notice--to resolve the 15
claim; or 16
(b) if the claimant received a claim result notice--to review the 17
decision of the authorised keno operator. 18
`(5) A request to the chief executive under subsection (4)-- 19
(a) must be in the approved form; and 20
(b) if the claimant received a claim result notice--must be made 21
within 10 days after receiving the notice. 22
`(6) The chief executive must deal with a request under subsection (4) in 23
the way prescribed under a regulation.'. 24
of new s 159A 25
Insertion
Clause 132. After section 159-- 26
insert-- 27
gaming by keno agent or keno agent's employees 28
`Keno
`159A.(1) A keno agent or an employee of the agent must not take part 29
in keno gaming at a place where the keno agent conducts keno gaming. 30
s 133 152 s 134
Gaming Machine and Other Legislation
Amendment
Maximum penalty--40 penalty units. 1
`(2) A person is not eligible to win a prize for an approved keno game if 2
the person takes part in the game in contravention of subsection (1). 3
`(3) In this section-- 4
"employee", of a keno agent, means a person employed or engaged by the 5
agent (whether or not for fee or reward) in functions relating to the 6
conduct of keno gaming.'. 7
PART 6--AMENDMENT OF LOTTERIES ACT 1997 8
amended in pt 6 9
Act
Clause 133. This part amends the Lotteries Act 1997. 10
of new s 132A 11
Insertion
Clause 134. After section 132-- 12
insert-- 13
of provisions about unclaimed prizes with Public 14
`Relationship
Trustee Act 15
`132A. Sections 131 and 132 have effect despite the Public Trustee Act 16
1978, part 8.35'. 17
35 Public Trustee Act 1978, part 8 (Unclaimed property)
s 135 153 s 136
Gaming Machine and Other Legislation
Amendment
ART 7--AMENDMENT OF WAGERING ACT 1998 1
P
amended in pt 7 2
Act
Clause 135. This part amends the Wagering Act 1998. 3
of s 213 (Claims for payment of winning bets) 4
Amendment
Clause 136. Section 213-- 5
insert-- 6
`(3) This section has effect despite the Public Trustee Act 1978, 7
part 8.36'. 8
© State of Queensland 1998
36 Public Trustee Act 1978, part 8 (Unclaimed property)
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