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Gambling Legislation Amendment Bill 2004
GAMBLING LEGISLATION AMENDMENT
BILL 2004
EXPLANATORY NOTES
FOR
AMENDMENTS TO BE MOVED IN COMMITTEE
BY THE
HONOURABLE TERRY MACKENROTH MP
Title of the Bill
Gambling Legislation Amendment Bill 2004
Objectives of the Amendments
To ensure that the clarity of the legislation remains unaffected by
commercial arrangements between Tabcorp Limited and BI Gaming
Corporation regarding management control at Jupiters Casino and Treasury
Casino.
Achievement of the Objectives
The proposed amendments will ensure that the legislated duties and
liabilities of the casino operator apply to the appropriate person who is
responsible for the operation of the casino under the Casino Management
Agreement.
Alternative Ways of Achieving Policy Objectives
The only means of ensuring continuing clarity regarding the roles and
responsibilities of the casino operator for each of Queensland's four
casinos is via minor legislative amendments.
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Gambling Legislation Amendment Bill 2004
Estimated Cost for Government Implementation
There is not expected to be any financial impacts for Government arising
from the implementation of these arrangements.
Consistency with Fundamental Legislative Principles
The proposed amendments have been drafted by the Office of the
Queensland Parliamentary Counsel and are consistent with Fundamental
Legislative Principles.
Consultation
Consultation has taken place with all relevant stakeholders including
Tabcorp Limited, BI Gaming Corporation and the casino operator at The
Reef Hotel Casino in Cairns. The proposed amendments were
unanimously supported.
NOTES ON PROVISIONS
Amendment 1 provides for the commencement of the Act by Proclamation
other than sections 4A, 4B, 5A and 18(4) to (7), which will commence
upon assent.
This amendment ensures continuing clarity in the event of early
implementation of commercial arrangements between Tabcorp Limited and
BI Gaming Corporation for Tabcorp Limited to assume management
control of both Jupiters Casino and Treasury Casino.
Amendment 2 inserts a new section 29A which provides that the casino
licensee or the casino lessee, as the case may be, must advise the chief
executive at least 60 days before there is a change of casino operator at a
casino under an existing Casino Management Agreement.
The insertion of new section 29A will ensure that sufficient notice is given
to the chief executive to allow for the approval of any transitional
arrangements that may be necessary prior to a change of casino operator at
a casino. A penalty of 40 penalty units is provided for failure to provide
such notice.
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Gambling Legislation Amendment Bill 2004
Also, this amendment will change section 31 to clarify that the casino
operator whose actions could lead to suspension or cancellation of a casino
licence is the person who is responsible at that time under the Casino
Management Agreement.
Amendment 3 amends section 57 to ensure that the payment of fees, taxes
and levies can continue to be demanded from all the appropriate parties
irrespective of any commercial arrangement in place regarding the
operation of the casino at the particular time.
Also, this amendment makes a very minor change to reflect current drafting
style by the omission of the word `where' and the insertion of the word `if'
in section 57(2).
Amendment 4 amends the definitions of `casino management agreement'
and `casino operator' in the Schedule (dictionary) to ensure absolute clarity
as to who is the casino operator at a casino at any given time.
Also, this amendment makes a very minor change to reflect current drafting
style by the omission of the word `where' and the insertion of the word `if'.
© State of Queensland 2004