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Gambling Legislation Amendment Bill 2002
GAMBLING LEGISLATION AMENDMENT
BILL 2002
EXPLANATORY NOTES
Short Title
Gambling Legislation Amendment Bill 2002
Objectives of the Legislation
The Gambling Legislation Amendment Bill 2002 makes a number of
necessary, but relatively minor, amendments to achieve greater consistency
in the administration of all gaming Acts and to clarify and strengthen a
number of existing provisions.
The principal changes proposed in this Bill include:
· clarifying provisions relating to appeals made to the Minister
under the Gaming Machine Act 1991;
· providing a consistent framework for the licensing of individuals;
· increasing consistency of penalties applicable across all seven
gaming Acts; and
· enhancing the ability to investigate business and executive
associates of licence holders.
Reasons for the Legislation
Since 1996, considerable legislative changes to the regulation of
legalised gaming in Queensland has occurred through the enactment of the
Keno Act 1996, Lotteries Act 1997, Wagering Act 1998, Interactive
Gambling (Player Protection) Act 1998 and the Charitable and Non-Profit
Gaming Act 1999.
Furthermore, substantial amendments to the Gaming Machine Act 1991
occurred between 1997 and 1999, as a result of The Review of Queensland
Gaming Machine Regulatory Arrangements (the "White Paper").
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Gambling Legislation Amendment Bill 2002
Additionally, significant legislative changes occurred in 2000 arising from
the Policy Direction for Gambling in Queensland.
As a result of the significant legislative program for the regulation of
gambling which has occurred over the past six years, the Gambling
Legislation Amendment Bill 2002 will amend the gaming Acts to ensure
greater consistency of regulation across the gaming Acts. It will also clarify
and strengthen a number of issues within the Acts to ensure the ongoing
probity of those conducting gambling operations and the ongoing integrity
of the gambling activities being conducted.
Further aspects of the Bill will implement strengthened provisions to
minimise the potential for harm to arise from gambling in Queensland.
Consequently, support for the passage of this Bill will enhance the
continued effective operation of Queensland's regulatory regime.
Estimated Cost for Government Implementation
There will be minor additional costs to the Government following the
implementation of infringement notices as a result of amendments to the
Casino Control Act 1982.
However, this will be offset by a reduction in the administration costs
associated with the regulation of gaming, as a result of creating greater
consistency across the gaming Acts and by clarifying the intent of some
existing provisions.
Assessment of Bill's Consistency with Fundamental Legislative
Principles
This legislation has been prepared taking into consideration fundamental
legislative principles. The Office of the Queensland Parliamentary Counsel
(OQPC) had identified clause 35 of the Bill which inserts a new section
30C(4) into the Gaming Machine Act 1991 as a potential breach of
fundamental legislative principles, having regard to section 4(3)(a) of the
Legislative Standards Act 1992. Specifically, under new section 30C(4), a
decision of the Commission or chief executive made in relation to a matter
referred back to the Commission or chief executive by the Minister for
further consideration as part of an appeal process is not a decision against
which a person may further appeal.
It is considered that the inclusion of the new section 30C(4) does not
infringe FLPs, because the reconsideration by the Commission is a part of
and a result of the appeal process that the applicant has already utilised. To
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Gambling Legislation Amendment Bill 2002
allow an appeal from reconsideration by the Commission, itself bought
about by an appeal, has the potential to create an endless administrative
loop.
Consequently, the new section is necessary in order to ensure some
finality to the appeal process for appeals from the Commission to the
Minister.
Consultation
Government consultation has taken place with the Department of the
Premier and Cabinet; the Department of Tourism, Racing and Fair Trading;
the Department of Local Government and Planning; the Department of
State Development; the Department of Employment and Training; the
Department of Primary Industries; the Department of Families and the
Department of Justice and Attorney-General. The Office of the Queensland
Parliamentary Council has prepared the Bill.
Consultation also took place with the major areas of the gambling
industry, which are affected by the Bill.
NOTES ON PROVISIONS
PART 1--PRELIMINARY
Clause 1 sets out the short title of the Act.
Clause 2 provides for the commencement of the Act.
PART 2-- AMENDMENT OF CASINO CONTROL ACT
1982
Clause 3 notes that Part 2 amends the Casino Control Act 1982.
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Gambling Legislation Amendment Bill 2002
Clause 4 amends section 4 to change the heading to read "Definitions",
inserts definitions for "accepted representations', "gaming commission",
"holder", "information notice", "registrar", "relevant casino operator" and
"show cause notice" and provides a minor technical change to the
definition of "casino key employee" and "casino operator". The clause also
re-locates the section to a schedule.
Clause 5 inserts section 35A to empower the chief executive to request
by written notice from the applicant for a casino key employee licence or a
casino employee licence, further information that is necessary and
reasonable to help make a decision in relation to an application.
Clause 6 amends section 36(1) and (1A) to modernise the language of
the sections and increase the penalty under (1A) to 200 penalty units. It
also amends section 36(4) to refer to the chief executive refusing to grant a
casino key employee licence. This reflects that, in future, all decisions in
relation to casino key employee and casino employee licences will be made
by the chief executive rather than the Minister.
Clause 7 amends section 37(1) and (2) to change the chief executive's
function from providing recommendations to the Minister to that of
deciding applications. It also deletes section 37 (1A) as it is replaced by the
new section 35A.
Clause 8 replaces section 38 to transfer authority from the Minister to
the chief executive to grant or refuse to grant an application for a casino
employee or casino key employee licence. This will create consistency
with decision-making under the other gaming Acts. The clause also
replaces section 39 to enable the chief executive to issue a casino key
employee or a casino employee licence on conditions deemed necessary or
desirable in the public interest. New sections 39A-39E are inserted to
provide for the form in which the licence must take and gives the chief
executive the authority to change conditions of a licence. The sections also
state the requirement for recording a change in conditions of a licence and
replacing a licence.
Clause 9 omits sections 44 and 45 and inserts a new divisional heading
"Division 5--Suspension and cancellation of casino key employee and
casino employee licences". The replacement sections 4444G modernise
the provisions dealing with casino key employee and casino employee
licences by making them consistent with disciplinary actions and
procedures in the other gaming Acts. In this regard, the new sections deal
with the grounds and procedures for suspension or cancellation, the chief
executive's duty to consider representations by employees in receipt of
show cause notices and procedures for ending the show cause process
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Gambling Legislation Amendment Bill 2002
without further action. They also cover censuring licensees, directions to
rectify, suspension and cancellation of licences and the immediate
suspension of licences. The decision-making powers in the new sections
are exercised by the chief executive rather than by the Minister.
Clause 10 recasts section 62(4)(6A) as offences of either 40 or 200
penalty units and modernises the language of the sections. The introduction
of penalties will enable the issuing of infringement notices for breaches of
the section.
Clause 11 amends section 62A to modernise the language of the section
which states that gaming equipment can not be operated outside of a casino
without an approval under the section. It also clarifies that a breach of
section 62(2) does not occur if the action is merely incidental to gaming
equipment being operated in accordance with an approval under section
62A.
Clause 12 recasts section 63(6) and 63(9) as offences with penalties of
40 penalty units and 200 penalty units respectively. In addition, it inserts a
section 8A with a penalty of 200 penalty units if a casino operator does not
comply with a direction under section 63(8). It also inserts a new section
63(10) with a penalty of 40 penalty units for employees who do not
conduct games in accordance with the rules.
Clause 13 recasts section 64A(4) as an offence with a penalty of 20
penalty units and modernises the language.
Clause 14 recasts section 72(2) as an offence with a penalty of 40
penalty units and modernises the language.
Clause 15 inserts new sections 72A and 72B to include the existing
requirements from the Regulation for advertising of casinos and directions
in relation to such advertising. By placing the provisions in the Act and
increasing the penalty to 200 penalty units the amendments strengthen the
current regime and make it consistent with other gaming Acts.
Clause 16 amends section 76(3) and inserts 76(4) and 76(5) to recast
76(3) as an offence with a penalty of 200 penalty units and modernises the
section.
Clause 17 amends section 82 to create an offence of 200 penalty units if
a casino operator fails to have the financial records audited by an
appropriate person. It also modernises the language of the section and
creates a defence in certain circumstances for auditors who fail to comply
with 82(2).
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Gambling Legislation Amendment Bill 2002
Clause 18 inserts a new section 87A to enable an inspector to require a
person suspected of or found committing or attempting to commit an
offence under the Act to provide their name and residential address and if
required proof of both to the inspector. A breach of the provision attracts a
maximum penalty of 40 penalty units. The provision also creates a defence
to the commission of an offence under this provision when it is later found
that the person was not guilty of having committed the original offence that
prompted the inspector to request the person's name and address.
Clause 19 inserts a new "Part 9A--Appeals to Gaming Commission"
(sections 91A--91G) providing applicants for holders of employee
licences with the ability to appeal against specified decisions of the chief
executive about which they are aggrieved. The appeals will be heard by the
Queensland Gaming Commission, in line with appeals from other gaming
Acts. The new sections detail who may appeal, how to start an appeal, who
grants a stay of operation of the decision and its limits, the hearing
procedures, the power to gather evidence, the powers of the Gaming
Commission on appeal and when decisions may be appealed to the District
Court.
Clause 20 amends section 92(3) to create a new ground to exclude a
person from a casino, when the safety of a dependent or someone in their
care is at risk because of that person's presence in the casino. For example,
a patron could be excluded if the person left a child unattended in a car
while the patron gambled at the casino as the person had placed the child at
risk of harm.
Clause 21 amends section 93(1) to clarify that an appeal against an
exclusion from a casino made under section 92 must be made to the
Minister within 3 months of the person receiving the direction from the
casino operator.
Clause 22 amends section 127(2)(h) to increase the amount of penalty
able to be provided in a regulation from an existing 10 penalty units to 20
penalty units.
Clause 23 inserts a new divisional heading "Division 3--Transitional
provisions for Gambling Legislation Amendment Act 2002" and defines
the term "commencement". It inserts a new section 131 to provide finality
for unclaimed winnings from keno games which were conducted as casino
games prior to the start of state-wide keno which has been conducted under
the Keno Act 1996 from 23 June 1997. In this regard, the amendment
defines unredeemed keno dollars to be those that are not redeemed for cash
within a year after the commencement of the amendment Act and applies to
keno dollars that would have been useable under this Act before 23 June
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Gambling Legislation Amendment Bill 2002
1997. The provision clarifies that keno dollars can only be redeemed for
cash for a year after the commencement of this section and creates a duty
for the casino operator to pay unredeemed keno dollars by cheque to the
chief executive. This clause also inserts a new section 132 which provides
for how to deal with an application for a casino key employee or casino
employee licence that was made and not decided before the
commencement of the provision. Lastly, this clause inserts a new section
133 to provide for the continuation of appeals to the Minister under section
93 of the Casino Control Act 1982, which have not been decided before the
commencement of the division.
PART 3--AMENDMENT OF CHARITABLE AND NON-
PROFIT GAMING ACT 1999
Clause 24 provides that Part 3 amends the Charitable and Non-Profit
Gaming Act 1999.
Clause 25 amends section 69(4) to enable the chief executive to
investigate a business or executive associate of a licensee who was an
associate, but who was not investigated, at the time of the application by
the licensee. This strengthens and expands the circumstances in which an
investigation of associates can be undertaken. The amendment is also
made to the other gaming Acts.
Clause 26 inserts a new section 100B to create offences relating to the
use or modification of regulated general gaming equipment which has not
been approved under section 100(1) and creates a maximum penalty of 40
penalty units for breaching the provision. This is consistent with the
requirements of other gaming Acts.
Clause 27 amends the definition of "regulated general gaming
equipment" to clarify that it is concerned with equipment which has an
electronic or computer controlled random number generator and expands
the scope to include equipment used in an art union or bingo.
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Gambling Legislation Amendment Bill 2002
PART 4--AMENDMENT OF GAMING MACHINE ACT
1991
Clause 28 provides that Part 4 amends the Gaming Machine Act 1991.
Clause 29 moves the section 2--Definitions to a schedule to the Act and
omits the term "parent entity" and inserts "associates (contractors) audit
program", "associates (repairers) audit program", "contractors audit
program", "holder" and "repairers audit program", while making some
minor changes to other definitions.
Clause 30 amends section 5(a) and 5(b) in line with changes to the
Corporations Act. It also lowers the threshold of a controlling interest to
the level of 5% in line with the practice for the other gaming Acts.
Clause 31 omits section 28(1) and makes minor technical amendments
to section 28 as a result of the amendments in clause 35.
Clause 32 amends section 29(2)(d) to increase the appeal lodgement
period from 14 days to 28 days and omits section 29(5) as a result of the
amendments in clause 33. In addition, section 29(9)(b) is replaced to
specify when an appeal may be made to the Minister from a decision of the
Queensland Gaming Commission in relation to the number of gaming
machines sought in the relevant application for the premises. The
amendments also omit sections relating to decisions subject to appeal and
transfer them to section 32 enabling these matters to be determined by the
Commission.
Clause 33 inserts a new section 29A which provides that the Minister
may give a direction staying the operation of a decision or determination of
the Queensland Gaming Commission or chief executive, which is the
subject of an appeal to the Minister, with one exception (a decision of the
chief executive under section 99). This new section provides that the
Minister, before granting a stay under this section, must have regard to
whether the integrity of gaming and the conduct of gaming will be
jeopardised, or the public interest will be adversely affected, if the stay is
granted.
Clause 34 makes a minor amendment to section 30(1) and omits sections
30(2) to (5) as a consequence of other amendments in clause 35 which
insert new sections 30A and 30B.
Clause 35 inserts new section 30A that provides an overarching
requirement that the Minister, before making a decision under this section,
must have regard to whether the integrity of gaming and the conduct of
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Gambling Legislation Amendment Bill 2002
gaming will be jeopardised, or the public interest will be adversely
affected, by the decision. The section then specifies the three classes of
powers that the Minister may exercise when determining an appeal from a
decision of the Commission or chief executive. First, section 30A clarifies
that the Minister may confirm the decision of the original decision-maker
and the appeal is then finished. In this regard, the Minister may confirm the
decision for the same reasons as the original decision-maker, or for
different reasons, and/or for only some of the original reasons. The
Minister may also confirm the decision thereby finalising the appeal if the
material supplied on appeal has so substantially changed the application
that it would be better treated as a new application. Second, the Minister
may set aside the decision and substitute the Minister's own decision and
that decision is final. However, any ancillary decisions yet to be made by
the Commission such as the approved number of gaming machines, the
hours of gaming or the conditions of the licence, may subsequently be
appealed against to the Minister. Third, the Minister may set aside a
decision and return the decision to the original decision-maker. In returning
the decision, the Minister may give the original decision-maker
information that the Minister considers relevant to the decision, such as
material provided by the applicant or other parties, as part of the appeal.
New section 30B which is inserted by this clause, specifies the Minister
must state the decision and the reasons for the decision. Lastly, new section
30C(1) provides that the Minister's decision about the appeal takes effect
when it is given or the later date stated in the decision. Additionally, section
30C(2) provides that a decision of the Minister under section 30A(2)(b) is
taken to be a decision of the Commission or chief executive. However, it
also states that such a decision is not a decision that is subject to a further
appeal to the Minister. New section 30C also provides that where the
Commission or chief executive reconsiders afresh an application returned
to the Commission or chief executive by the Minister for further
consideration under 30A(2)(c), the decision of the Commission or chief
executive after further consideration is not a decision which is subject to a
further appeal to the Minister.
Clause 36 inserts a new section 1A to provide that a person aggrieved by
one of the listed decisions of the chief executive may appeal against the
decision to the Queensland Gaming Commission, rather than the Minister
as is currently provided.
Clause 37 omits section 50(2)(c).
Clause 38 omits reference to sections 219(16) & (17) and 220
(provisions which deal with the cancellation and suspension of repairer,
service contractor, gaming nominee and employee licences) in section
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Gambling Legislation Amendment Bill 2002
51(2) (Delegation by commission). These section references are omitted as
the decision-making powers in sections 219(16) & (17) and 220 will be
transferred from the Queensland Gaming Commission to the chief
executive.
Clause 39 amends section 54(8) to correct a minor technical error.
Clause 40 inserts a new section 57(10A) to provide that the chief
executive may make a recommendation to grant a gaming machine licence
under certain reasonable conditions. Reasonable conditions include the
nature or character of the premises, or the general use of the premises or the
enjoyment of persons using the premises, or the public interest.
Clause 41 inserts a new section 58(9A) to provide that if the Queensland
Gaming Commission imposes a condition on a licence the chief executive
must immediately give an information notice of the decision to the
applicant of the gaming machine licence.
Clause 42 inserts section 59(2A) and (3A) to provide that, where a
gaming machine application is made as a result of the transfer of a liquor
licence, the Queensland Gaming Commission must not approve more
gaming machines than the number for which the site was approved at the
time of the application. This clarifies the current situation where, in the
absence of an application for an increase in machine numbers, an
application for a gaming machine licence arising from a transfer of liquor
licensees does not change the approved number of machines existing at the
time of transfer. Additionally, the Queensland Gaming Commission must
provide a written notice to the applicant if the number of gaming machines
fixed for an application is less than the number sought, but not less than the
number approved for the premises at the time the application was made.
Clause 43 inserts section 62(9A) to provide that the chief executive may
make a recommendation to approve additional premises subject to certain
reasonable conditions. Reasonable conditions include the nature or
character of the premises, or the general use of the premises or the
enjoyment of persons using the premises, or the public interest.
Clause 44 amends section 74(2) to provide that the chief executive must
also give an information notice to a licensee who is affected by a decision
of the Queensland Gaming Commission to impose or vary conditions.
Clause 45 clarifies that the notice required under section 76(6) is an
information notice.
Clause 46 inserts a new section 80A to provide that new licensees must
install their approved numbers of gaming machines within 1 year after the
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Gambling Legislation Amendment Bill 2002
day the gaming machine licence was granted. If the licensee has not started
to conduct gaming on the licensed premises within 1 year (or a further
extended period granted by the Commission), the licence automatically
lapses. Furthermore, if the licensee has started to conduct gaming on the
licensed premises, but has not installed the approved number of gaming
machines by the required date the number of gaming machines approved
for the premises automatically becomes the number installed as at that date.
Section 2 of the Act defines the term "approved number". In addition, this
amendment provides that the Commission may, if the licensee applies in
writing within the 1 year period and the Commission is satisfied there is
good reason, grant a deferment for a additional period of up to 1 year for
the installation of the machines. Once the relevant date has passed, the
licensee is not prevented from making an application for an increase or
decrease in gaming machines under sections 81 and 86 respectively.
Clause 47 inserts a new section 82(2A) to provide that the chief
executive may make a recommendation to approve an increase in the
approved number of gaming machines subject to certain reasonable
conditions. Reasonable conditions include the nature or character of the
premises, the general use of the premises or the enjoyment of persons using
the premises, or the public interest.
Clause 48 inserts a new section 85AA to provide that a licensee, to
whom an approval for an increase in the number of gaming machines has
been given, must install the additional machines within 6 months after the
day the approval was given, otherwise the approval automatically lapses. If
the licensee has not installed all the additional machines on the licensed
premises within 6 months (or a further extended period granted by the
Commission), the number of additional gaming machines approved under
the approval is taken to be the number installed on that date. In addition,
this amendment provides that the Commission may, if the licensee applies
in writing within the 6 month period and the Commission is satisfied there
is good reason, grant a deferment for a additional period of up to 6 months
for the installation of the machines.
Clause 49 replaces section 86(4) with a new 86(4) and 86(4A) to
separate the administrative requirements for proposals to decrease the
approved number of gaming machines arising from a request by the
licensee from those associated with requests or reports under subsections
(2) or (3).
Clause 50 amends section 91(2) to provide that applications for the
relocation of gaming machine areas must additionally be in the approved
form and submitted to the chief executive.
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Gambling Legislation Amendment Bill 2002
Clause 51 inserts a new divisional heading "Division 11A--Ceasing
gaming at particular licensed premises". The new sections 91A--91C
outline the requirements for licensees and the chief executive in relation to
category 2 licensees who have been approved to have additional premises
but who subsequently cease gaming on any of their licensed premises.
Measures include surrendering the licence to the chief executive and
providing a written notice stating the day the conduct of gaming ceased and
details of the licensed premises. A maximum penalty of 40 penalty units
applies to breaches of this provision. A licensee given approval to cease
operations must dispose of the gaming machines as directed by the chief
executive or within 1 month of receiving the notice. Breaches of this
provision attract a maximum penalty of 200 penalty units. As soon as
possible after receiving notification of the licensee ceasing to conduct
gaming on any licensed premises under the licence, the chief executive
must give a written notice to each licensed monitoring operator the chief
executive believes is supplying basic monitoring services to the licensee
confirming the cessation of gaming.
Clause 52 simplifies section 95(7) by providing that approval to dispose
of gaming machines may be by sale or destruction of the machines.
Clause 53 clarifies that the notice required under section 97(19) is an
information notice.
Clause 54 clarifies that the notice required under section 98(2)(a) is an
information notice.
Clause 55 amends the heading of section 99 to include "levy" and
remove "fees". It also inserts a new provision 99(4A) so that the chief
executive must give the licensee an information notice relating to the
decision to suspend the gaming machine licence.
Clause 56 amends the heading of section 104 to reflect that the
Government is no longer involved in the ownership of gaming machines. It
also simplifies section 104(4) by providing that approval to dispose of the
gaming machines may be by sale or destruction of the machines.
Clause 57 creates a new section 121(4A) to provide that when the chief
executive is making a recommendation to grant an application for a
supplier's licence to the Queensland Gaming Commission the application
may be subject to the reasonable conditions the chief executive decides to
impose.
Clause 58 creates a new section 123(3) requiring licensed suppliers not
to contravene conditions attached to their licences without reasonable
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Gambling Legislation Amendment Bill 2002
excuse. Breaching the conditions attached to a supplier's licence will
attract a maximum penalty of up to 200 penalty units.
Clause 59 clarifies that the notice required under section 131(3) is an
information notice.
Clause 60 inserts a new section 136(4)(d) to enable the chief executive to
investigate an associate of a licensee who was an associate, but who was
not investigated, at the time of the application by the licensee.
Clause 61 replaces sections 163--167 to expand the scope of the
sections to all licensed suppliers, not just a "licensed monitoring operator".
The amendments will require an approved control system for major and
secondary dealers (as well as Licensed Monitoring Operators), subject to
the new section 405. The amendments are fully aligned with existing
provisions relating to approval and submission processes associated with
control systems for supply operations.
Clause 62 provides for minor technical amendments to section 173 by
expanding the application of the section to any `supplier'.
Clause 63 amends section 180(1)(d) in line with the Corporations Act.
Clause 64 amends section 191 to transfer the authority for determining
the necessity to apply for a gaming employee's licence to the chief
executive. It also transfers the authority to determine the criteria for making
such determinations from the Minister to a prescribed regulation.
Clause 65 amends section 192 to transfer decision-making authority
from the Queensland Gaming Commission to the chief executive in
relation to certain persons applying for key monitoring employee's
licences.
Clause 66 amends section 200 to provide for minor administrative and
technical amendments relating to the transfer of decision-making authority
from the Queensland Gaming Commission to the chief executive in the
consideration of licence applications relating to repairers, service
contractors, gaming nominees and employees.
Clause 67 replaces sections 201 and 202 to transfer decision-making
authority from the Queensland Gaming Commission to the chief executive.
Section 201 creates a duty for the chief executive to either grant or refuse
an application after considering it. It permits the chief executive to grant an
application only if satisfied that the applicant is a suitable person to hold
the licence having regard to a variety of probity considerations. Section 202
specifies that the licence must in the approved form.
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Gambling Legislation Amendment Bill 2002
Clause 68 amends section 205 to transfer the power to attach conditions
on licences from the Queensland Gaming Commission to the chief
executive. It also creates a new penalty of 200 penalty units if a licensee
breaches a condition of the licence.
Clause 69 replaces the heading of section 206 to read "Changing
conditions of licence" and transfers authority for the changing of
conditions of a licence from the Queensland Gaming Commission to the
chief executive. The existing provisions in section 206 are replicated and
simplified in a new section 206. A further new section, 206A, details the
procedures for changing conditions of a licence and the recording of
changes to these conditions.
Clause 70 clarifies that the notice required under section 207(6) is an
information notice.
Clause 71 amends the heading of section 211 and expands the power of
the Minister to approve audit programs to investigate not only nominees
but also licensed repairers and licensed service contractors.
Clause 72 amends section 212 so that when the chief executive is
conducting investigations of licensed persons and associates, the chief
executive can also investigate licensed repairers, licensed service
contractors and their associates. The chief executive may also investigate
associates of licensed persons if the associates were not investigated at the
time the person's licence was issued.
Clause 73 amends section 219 dealing with the cancellation or
suspension of licences for repairers, service contractors, gaming nominees
and employees. Specifically, it amends sections 219(1)(b)(vi),
219(1)(b)(vii), 219(1)(c)(ii) to ensure authority is vested solely with the
chief executive and not concurrently with the Queensland Gaming
Commission. Similarly, the amendments to sections 219(12)(c)(ii),
219(13), 219(15) to (22) simplify the provisions and bring the wording into
line with the new arrangements for the decision-making authority to vest
with the chief executive.
Clause 74 replaces section 220 to read "Immediate suspension" and
transfers authority to effect an immediate suspension of a licence from the
Queensland Gaming Commission to the chief executive. The existing
provisions of section 220 are then replicated and simplified to add clarity.
Clause 75 restructures section 222 to improve clarity and modernise the
language of the section.
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Gambling Legislation Amendment Bill 2002
Clause 76 amends section 224 to omit reference to the Queensland
Gaming Commission and vest power with the chief executive for granting
provisional licences.
Clause 77 inserts sections 265(3) and (4) to enable a person to apply for
approval from the chief executive to buy or otherwise acquire, or sell or
otherwise dispose of a gaming machine and to specify that the application
must be in the approved form and be accompanied by the prescribed fee.
Clause 78 inserts sections 277(2) and (3) to enable a licensed monitoring
operator, approved financier, licensee or gaming trainer to apply for
approval from the chief executive for the destruction of gaming machines
and specifies that the application must be in the approved form and
accompanied by the prescribed fee.
Clause 79 amends section 338(5A) to make a minor technical
amendment to expand the means through which winnings may be
attributable.
Clause 80 inserts a new divisional heading "Division 7--Transitional
provisions for Gambling Legislation Amendment Act 2002" and a new
section 404 which defines the term "commencement" for the Division. This
clause also inserts a new section 405 that applies to a licensed supplier who
is a licensed major dealer or licensed secondary dealer immediately before
the day on which this section commences. It requires such licensed
suppliers to provide their first control system submission to the chief
executive within 6 months of the date of the commencement of the section.
Additionally, new section 406 provides that applications for licences made
under Part 5, which have not been decided before the commencement of
the provision must be decided under the amended Act. Lastly, this clause
inserts a new section 407 to provide for the way in which appeals to the
Minister, which have not been decided before the commencement of the
provision, may be continued and decided.
PART 5--AMENDMENT OF INTERACTIVE
GAMBLING (PLAYER PROTECTION) ACT 1998
Clause 81 provides that Part 5 amends the Interactive Gambling (Player
Protection) Act 1998.
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Gambling Legislation Amendment Bill 2002
Clause 82 inserts a new section 56(4)(d) to enable the chief executive to
investigate a business or executive associate of a licensee who was an
associate, but who was not investigated, at the time of the application by
the licensee.
Clause 83 clarifies that the notice required under section 69(2)(b) is a
written notice.
Clause 84 inserts a new section 82(6) to require a key person licensee to
return their licence where the licence has been cancelled. A breach of the
provision attracts a maximum penalty of 40 penalty units.
Clause 85 recasts section 127 as an offence with a new maximum
penalty of 200 penalty units and modernises the language of the section.
Clause 86 amends section 254(2) to require the lodgement of a fee with
an appeal.
Clause 87 omits section 261(3).
PART 6--AMENDMENT OF KENO ACT 1996
Clause 88 provides that Part 6 amends the Keno Act 1996.
Clause 89 inserts a new section 36(4)(d) to enable the chief executive to
investigate a business or executive associate of a licensee who was an
associate, but who was not investigated, at the time of the application by
the licensee.
Clause 90 amends section 53 to require the provision of a written notice
to the keno licensee for decisions under 53(2)(b). It also inserts a definition
of a relevant keno licensee.
Clause 91 inserts a new section 66(6) to require a licensed keno
employee to return their licence where the licence has been cancelled. A
breach of the provision attracts a maximum penalty of 40 penalty units.
Clause 92 recasts section 117 as an offence with a maximum penalty of
200 penalty units and modernises the language.
Clause 93 amends section 235(2) to require the lodgement of a fee with
an appeal.
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Gambling Legislation Amendment Bill 2002
PART 7--AMENDMENT OF LOTTERIES ACT 1997
Clause 94 provides that Part 7 amends the Lotteries Act 1997.
Clause 95 amends section 36(4) to enable the chief executive to
investigate a business or executive associate of a licensee who was an
associate, but who was not investigated, at the time of the application by
the licensee.
Clause 96 clarifies that the notice required under section 51(2)(b) is a
written notice.
Clause 97 inserts a new section 64(6) to require a key person licensee to
return their licence where the licence has been cancelled. A breach of the
provision attracts a maximum penalty of 40 penalty units.
Clause 98 amends section 79(5) to expand the definition of "small
business" to enable for a situation where more than 50 persons are
employed at the agency, provided that no more than 2,000 hours are
worked in a week.
Clause 99 recasts section 100 as an offence with a maximum penalty of
200 penalty units for a breach of the section and modernises the language.
Clause 100 inserts a new section 181A to provide that an inspector who
is supervising a lottery may direct the lottery licensee to take reasonable
action to ensure that the lottery is carried out in a way that does jeopardise
the integrity of the conduct of the approved lottery. This will ensure that an
inspector who is supervising an approved lottery, such as Wednesday Gold
Lotto, has the power to action or correct some matter, in order to ensure the
integrity of the game. Failure to comply with the direction attracts a
maximum penalty of 40 penalty units.
Clause 101 amends section 220(2) to require the lodgement of a fee with
an appeal.
Clause 102 omits sections 226(3) and (4).
PART 8--AMENDMENT OF WAGERING ACT 1998
Clause 103 provides that Part 8 amends the Wagering Act 1998.
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Gambling Legislation Amendment Bill 2002
Clause 104 amends section 38(2) to enable the chief executive to
investigate a business or executive associate of a licensee who was an
associate, but who was not investigated, at the time of the application by
the licensee.
Clause 105 clarifies that the notice required under section 108(2)(b) is a
written notice.
Clause 106 inserts a new section 128(8) to require a key person licensee
to comply with a direction under this section.
Clause 107 inserts a new section 165(2) to provide that a permit holder is
not required to pay wagering tax, if the total amount invested in the
holder's totalisators for the month is less than the amount prescribed under
a regulation. This recognises that the majority of wagering permit holders
are small race clubs which conduct very few meetings per year. Those
meetings that are held do not generate significant revenue and consequently
result in insignificant amount of tax per month.
Clause 108 recasts section 173 as an offence with a maximum penalty of
200 penalty units for a breach of the provision and modernises the
language. It also provides that a permit holder is not required to have an
approved control system if the total amount invested in the holder's
totalisators in a 12 month period is less then a prescribed amount. This
amendment will work with the amendment to section 165 to reduce
unnecessary paperwork for small race clubs.
Clause 109 amends section 297(2) to require the lodgement of a fee with
an appeal.
Clause 110 omits sections 309(3) and (4).
PART 9--OTHER AMENDMENTS
Clause 111 amends and inserts penalties listed in Schedule 1.
Clause 112 makes minor and consequential amendments listed in
Schedule 2.
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Gambling Legislation Amendment Bill 2002
SCHEDULE 1
AMENDMENT OF PENALTIES
Schedule 1 provides for minor amendments to penalty provisions under
the Casino Control Act 1982, Gaming Machine Act 1991, Keno Act 1996
and Wagering Act 1998.
SCHEDULE 2
MINOR AND CONSEQUENTIAL AMENDMENTS
Schedule 2 provides for minor and dictionary amendments to the Casino
Control Act 1982, Gaming Machine Act 1991, Interactive Gambling
(Player Protection) Act 1998, Judicial Review Act 1991, Keno Act 1996,
Lotteries Act 1997, Tobacco and Other Smoking Products Act 1998 and
Wagering Act 1998.
© State of Queensland 2002