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1
Gambling Legislation Amendment Bill 2005
GAMBLING LEGISLATION AMENDMENT
BILL 2005
Explanatory Notes
General Outline
Policy Objectives
The Bill will amend the seven main gambling Acts, principally to enhance
the processes used by gaming machine licensees to fulfil their obligation to
monitor and manage their own gaming compliance, further enhance the
consistency of regulation across various Acts and to clarify a number of
technical and drafting matters.
Reasons for the Bill
The Bill is intended to assist gaming machine licence holders to
incorporate compliance activities into their day-to-day business operations.
It does this by including provisions which emphasise that licensees are
responsible for their own gaming-related regulatory compliance.
The seven principal Acts regulating gambling activity in Queensland were
developed and amended at different times and consequently there are some
minor inconsistencies across the Acts in relation to provisions with
identical objectives. The process of amending the Acts to enhance
consistency is ongoing and this Bill progresses it further.
The Bill also extends the maximum period for installing and operating
gaming machines after a gaming machine licence is granted, and clarifies a
number of relatively minor technical matters.
Achievement of the Objectives
The Bill enhances the processes used by gaming machine licensees to fulfil
their obligation to monitor and manage their own gaming compliance by
the following amendments to the Gaming Machine Act 1991.
· Providing that applicants for a gaming machine licence must provide
details of a compliance program that will be used by gaming machine
licence holders to ensure compliance with the Act and monitor their
compliance.
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Gambling Legislation Amendment Bill 2005
· Providing that applicants for a gaming nominee licence and licensed
gaming nominees provide evidence of having successfully completed
an approved training course. These changes will ensure that nominees
have the competencies needed to ensure the conduct of gaming is in
accordance with the authority conferred by the licensee's gaming
machine licence.
· Requiring gaming machine licensees to complete a monthly self-
assessment to assist licensees to monitor and manage their compliance
with the various provisions of the Act and regulation. If the gaming
machine licensee is a corporation, the monthly self-assessment will
need to be considered by the licensee's Management Committee
Board.
The Bill provides for greater consistency across the provisions of the
Casino Control Act 1982, the Gaming Machine Act 1991, the Interactive
Gambling (Player Protection) Act 1998, the Keno Act 1996, the Lotteries
Act 1997, the Charitable and Non-Profit Gaming Act 1999 and the
Wagering Act 1998. In particular, the amendments address consistency
relating to the appointment of inspectors, control system requirements,
regulation making powers and delegation of powers.
An amendment is also made to the Gaming Machine Act 1991 to extend the
maximum period for installing and operating gaming machines after a
gaming machine licence is granted by an extra year from the existing
maximum of two years. The extension for an extra year would only be
granted by the Queensland Gaming Commission where the licensee was
able to demonstrate that exceptional circumstances had arisen which
prevented the commencement of gaming.
The Bill also clarifies reporting requirements regarding the exclusions
regime for people experiencing problems controlling their gambling
behaviour. While gambling providers will be required to maintain copies
of exclusion notices, orders, directions and revocations, they will not have
to provide them to the chief executive. Instead, the Bill provides that the
chief executive will be able to seek a summary report of that information on
a regular basis.
Estimated Cost for Government Implementation
It is anticipated that the enhancements provided by the Bill to the processes
used by gaming machine licensees to manage and monitor their gaming
compliance will facilitate the efficient use of resources and ensure that
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Gambling Legislation Amendment Bill 2005
activities are appropriately regulated according to their risk of non-
compliance.
Consistency with Fundamental Legislative Principles
The Bill was drafted with regard to fundamental legislative principles.
Consultation
Government consultation was undertaken with the Departments of the
Premier and Cabinet; Tourism, Fair Trading and Wine Industry
Development; State Development and Innovation; Employment and
Training; Housing (Racing Directorate); Local Government, Planning,
Sport and Recreation; Primary Industries and Fisheries; Justice and
Attorney-General; Communities and Child Safety.
Consultation was also conducted with affected industry stakeholders about
relevant provisions. These stakeholders included the Queensland casinos,
Clubs Queensland, Queensland Hotels Association, Queensland Clubs
Alliance, the Club Managers' Association, UNiTAB Limited, the Golden
Casket Lottery Corporation Limited, Jupiters Gaming and the Queensland
Gaming Commission. In addition, the Exclusions Implementation Working
Party of the Responsible Gambling Advisory Committee was consulted on
the amendments regarding the removal of the obligation for gambling
providers to provide copies of exclusion notices, orders and directions to
the chief executive.
Notes on Provisions
Part 1 Preliminary
Short title
Clause 1 sets out the short title of the Act as the Gambling Legislation
Amendment Act 2005.
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Gambling Legislation Amendment Bill 2005
Commencement
Clause 2 provides that the amendments to the Gambling Legislation
Amendment Act 2004 will commence on assent, the amendments to the
Gaming Machine Act 1991 relating to encouraging licensees to monitor
and manage their own compliance will commence on 1 July 2005 and the
remaining provisions will commence on 1 May 2005.
Part 2 Amendment of Casino Control Act 1982
Clause 3 provides that Part 2 of the Bill amends the Casino Control Act
1982.
Clause 4 omits sections 6 to 12 to allow for the new divisions on
appointment of inspectors inserted by clause 6.
Clause 5 replaces sections 73 to 75 with new sections relating to approved
control systems, control system submissions and control system (change)
submissions. Control systems are systems of internal controls and
procedures that are used to ensure the operation of gambling activities
meets the objectives and requirements of the relevant legislation. In
general, control systems may include: procedures, systems and standards
for administration, accounting operations, maintenance and security;
computer software; and standard forms and letters. All control systems, and
changes to control systems, must be assessed to determine whether the
casino operator has demonstrated that the control systems provide
satisfactory and effective control of operations, and all control systems
must be approved by the chief executive before they are implemented.
Failure to operate in accordance with an approved control system is viewed
as a serious matter. While the objectives of the current provisions have
been retained the new sections ensure consistency across the provisions of
the gambling Acts relating to control system requirement.
Clause 6 inserts a new division about inspectors. The division modernises
the provisions dealing with the appointment of inspectors and makes them
consistent with the other gambling Acts as part of the ongoing consistency
improvements across the Acts. The new sections deal with the
appointment and qualifications of inspectors, conditions and limits on
powers, and the issue and display of identity cards. They also cover when
an inspector ceases to hold office or resigns, and the return of an inspector's
identity card. The provisions also allow the chief executive to approve an
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Gambling Legislation Amendment Bill 2005
audit program for investigating inspectors, and under that program
investigate an inspector to help decide whether the inspector is a suitable
person to be an inspector. The chief executive may also ask the
commissioner of the police service for a written report on a person's
criminal history, to help decide whether the person is a suitable person to
be an inspector.
Clause 7 omits section 95 to remove the obligation for the casino operator
to provide copies to the chief executive of directions excluding people from
a casino for reasons other than those related to problem gambling. This
change is consistent with amendments in Part 4 regarding the reporting of
exclusions of problem gamblers. Copies of directions must still be retained
by the operator and must be made available to inspectors.
Clause 8 amends section 127 to revise the provisions on regulation-making
power. While the objectives of the current provisions have been retained,
the drafting style has been updated to ensure consistency and avoid
duplication across similar provisions of the gambling Acts relating to
regulation-making power.
Clause 9 inserts a new divisional heading `Division 5 Transitional
provisions for Gambling Legislation Amendment Act 2005'. The new
division provides that a system of internal controls and administrative and
accounting procedures for a casino that was, immediately before the
commencement, the system of controls and procedures for the operation of
the casino approved by the chief executive under section 75 of this Act, is
taken to be the approved control system for the casino. This eliminates the
need for casino operators to have to seek approval for existing approved
control systems and face being in breach of the legislation prior to their
approval. The new division also provides that current inspectors will
continue to be inspectors after the commencement of the amendments in
clause 6.
Clause 10 amends the Dictionary by inserting definitions of approved
control system, control system, control system (change) submission,
control system submission, commencement and post-amended Act and
replacing the definition of audit program to facilitate the amendments in
clauses 5 and 6.
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Gambling Legislation Amendment Bill 2005
Part 3 Amendment of Charitable and Non-Profit
Gaming Act 1999
Clause 11 provides that Part 3 of the Bill amends the Charitable and Non-
Profit Gaming Act 1999.
Clause 12 replaces part 6, division 1 with a new division on inspectors.
The new division modernises the provisions dealing with the appointment
of inspectors and makes them consistent with the other gambling Acts. In
this regard, it achieves the same result as the changes in clause 6.
Clause 13 amends section 183 to make the section consistent with the
provisions regarding confidential information in other gambling Acts. It
achieves this by providing for the disclosure of confidential information to
an `entity' prescribed under a regulation instead of a `person'.
Clause 14 amends section 184 to revise the provisions on delegation of
powers. While the objectives of the provisions have been retained, the
drafting style has been updated to ensure consistency and avoid duplication
across similar provisions of the gambling Acts relating to the delegation of
powers.
Clause 15 inserts a new division for the transitional provisions associated
with clause 12.
Clause 16 amends the Dictionary by inserting definitions of
commencement and post-amended Act to facilitate the changes made by
clause 15.
Part 4 Amendment of Gambling Legislation
Amendment Act 2004
Clause 17 provides that Part 4 of the Bill amends the Gambling Legislation
Amendment Act 2004.
Clause 18 amends section 5 to make the provision consistent with
amendments relating to approved control systems for casinos.
Clause 19 omits section 6 to allow for the amendments relating to approved
control systems for casinos.
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Gambling Legislation Amendment Bill 2005
Clause 20 amends section 10 to remove the obligation for casino operators
to provide the chief executive with copies of self-exclusion orders, self-
exclusion notices and notices of revocation of self-exclusions relating to
problem gamblers. However, casino operators will still be required to keep
that information. A related clause 23 inserts a requirement for casino
operators to provide the chief executive with summarised information on
exclusions.
Clause 21 omits section 13 to remove the obligation for the casino operator
or commissioner of the police service to provide copies to the chief
executive of directions excluding a person from a casino for reasons other
than those relating to problem gambling. This change is consistent with the
amendments regarding the reporting of exclusions of problem gamblers.
Copies of directions will still need to be retained and will continue to be
available at the casinos to inspectors.
Clause 22 amends section 14 to remove the obligation for the casino
operator or commissioner of the police service to provide copies to the
chief executive of notices of revocation of directions excluding people from
a casino for reasons other than those relating to problem gambling. The
change is consistent with amendments made by clauses 20 and 23
regarding the reporting of revocation of exclusions of problem gamblers.
Copies of notices will still need to be retained and will continue to be
available at the casinos to inspectors.
Clause 23 amends section 15 to remove the obligation to give the chief
executive a copy of a revocation notice when the casino operator decides to
revoke an exclusion direction related to problem gambling. The obligation
to give the chief executive notice of an attempt to contravene a self-
exclusion order or exclusion direction is also removed. However, casino
operators will be responsible for recording that information. Importantly,
the clause inserts a provision that requires a casino operator to provide
information about the prohibition of persons from entering or remaining in
the casino under a self-exclusion order or an exclusion direction, as
prescribed by a regulation. It is intended that operators will need to provide
reports to the chief executive every six months which summarises
information regarding the use of the exclusions regime. This will assist in
assessing the impact of the regime.
Clause 24 amends section 18 to make the definition of revocation notice
consistent with the amendments in clause 23.
Clause 25 amends section 50 to remove the obligation for gaming machine
licensees to provide copies to the chief executive of self-exclusion orders
and notices, exclusion directions and notices of revocation of exclusions
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Gambling Legislation Amendment Bill 2005
related to problem gambling. The obligation to give the chief executive
notice of an attempt to contravene a self-exclusion order or exclusion
direction is also removed. Notably, gaming machine licensees will need to
continue to record that information. However, rather than provide copies of
documents on an ad hoc basis, the clause inserts a requirement for licensees
to provide the chief executive with information relevant to the exclusions
scheme on a regular (biannual) basis. This change will ensure that
licensees take responsibility for keeping copies of self-exclusion orders,
exclusion directions, revocation notices and attempts to contravene orders
or directions. It would also assist assessments of the scheme through the
provision of summary information. These changes are similar to those for
casinos, interactive gambling, keno and wagering.
Clause 26 amends section 60 by updating the section reference in the
definition of revocation notice to make it consistent with the changes in
clause 25.
Clause 27 amends section 66 in a manner similar to clauses 25, 29 and 31
so that the chief executive will receive regular summary information about
exclusions relating to interactive gambling.
Clause 28 amends section 73 by updating the section reference in the
definition of revocation notice to make it consistent with the changes in
clause 27.
Clause 29 amends section 80 in a manner similar to clauses 25, 27 and 31
so that the chief executive will receive regular summary information about
exclusions relating to keno.
Clause 30 amends section 87 by updating the section reference in the
definition of revocation notice to make it consistent with the changes in
clause 29.
Clause 31 amends section 115 by inserting a definition of general operator
for this division so that wagering permit holders are not included in the
provisions for the exclusion of problem gamblers. It is not intended that
the exclusions regime should apply to race meetings that are held
infrequently and have minor prize pools under an on-course wagering
permit. The clause also amends section 115 in a manner similar to clauses
25, 27 and 29 so that the chief executive will receive regular summary
information about exclusions relating to wagering.
Clause 32 amends section 122 by updating the section reference in the
definition of revocation notice to make it consistent with the changes in
clause 31.
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Gambling Legislation Amendment Bill 2005
Part 5 Amendment of Gaming Machine Act
1991
Clause 33 provides that Part 5 of the Bill amends the Gaming Machine Act
1991.
Clause 34 omits sections 39 to 47 to allow for the division inserted by
clause 45 consistent with amendments to other gambling Acts in relation to
the appointment of inspectors.
Clause 35 omits sections 50 to 52 which relate to delegations of powers of
the chief executive, the commission and the Minister and replaces them
with a new section 50. The objective of the current provisions has been
retained, however, the structure and language has been modified in
accordance with changes to the other gambling Acts. This will ensure
consistency of wording across the gambling Acts relating to the delegation
of powers.
Clause 36 amends section 53 by removing the reference to investigations of
inspectors, as this requirement is provided in the new Part 10 relating to the
appointment of inspectors inserted by clause 49.
Clause 37 inserts a new provision to allow the chief executive to make
standards about matters of a technical nature. It is intended that licensees
will be required to comply with such standards as one of the conditions of
continuing to hold a licence. The standards will be able to provide details
on technical matters with which licensees will need to comply regarding
matters such as appropriate internet and email services.
Clause 38 inserts a new subsection 56(5)(ka) to provide that applicants for
a gaming machine licence must provide details of a compliance program
that is to be put in place when gaming commences. The compliance
program will need to be documented and the Queensland Office of Gaming
Regulation will provide information about matters which will need to form
part of the compliance program. In addition, it is intended that a condition
will be added to all licences so that existing holders of a gaming machine
licence will be required to have a compliance program in place by 1 July
2005. Clause 51 also operates with this clause to ensure existing applicants
for gaming machine licences provide the Queensland Office of Gaming
Regulation with a documented form of their intended compliance program.
It is expected that compliance programs will assist licensees to adopt
compliance as part of a good business practice rather than as an externally
imposed requirement.
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Gambling Legislation Amendment Bill 2005
This clause also inserts a new subsection 56(5)(kb) to ensure that licensees
have the competencies needed to conduct gaming in accordance with the
authority conferred by the licensee's gaming machine licence. In this
regard, the clause requires that an application by an individual who is not
required to have a nominee for the licensed premises (e.g. the individual is
the licensee and there is not required to be a nominee for the liquor licence
for the premises) must be accompanied by evidence that the applicant has
successfully completed an approved training course or has made
arrangements to complete an approved training course. Clauses 41 and 42
also insert requirements regarding competency training.
Clause 39 amends section 80A to give the Queensland Gaming
Commission, following receipt of an application, the ability to extend the
maximum period for installing and operating gaming machines by an extra
year from the existing maximum of two years. To be granted this
extension, the licensee must satisfy the Queensland Gaming Commission
that there are exceptional circumstances under which the extension is
necessary, such as a combination of complex approval processes, unusual
shortage of materials or skilled labour or abnormal weather patterns. This
change will provide for circumstances, in the case of very large or complex
developments, where the existing extension of one year in the period for
installing and operating gaming machines proves to be insufficient. It is
expected that such an extension would only be granted on rare occasions,
and would not be available to the majority of licensees who would be
expected to adhere to the timeframes already provided.
Clause 40 amends section 166 relating to dealing with submissions about
control systems by altering the drafting style to be consistent with a more
standardised approach to control system requirements, whilst retaining the
objective of the provision. This change ensures consistency across the
provisions of the gambling Acts relating to control system requirements.
Clause 41 inserts a new provision in section 196 requiring applications by a
licensed gaming employee for a gaming nominee licence to be
accompanied by evidence to show that the applicant has successfully
completed an approved training course. The course will be aimed at
training gaming nominees in the skills and competencies needed to achieve
and maintain a high level of compliance regarding the conduct of machine
gaming. This change recognises that gaming nominees play a critical role
and have significant responsibilities in relation to the conduct of gaming.
Clause 42 amends section 198 to require that applicants for a gaming
nominee licence have to prove they have completed an approved training
course. This is the third amendment in the package to ensure that those
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Gambling Legislation Amendment Bill 2005
responsible for the day-to-day conduct of machine gaming have the
necessary skills to ensure that gaming is managed competently in
accordance with the Act. Clause 51 also operates with this clause and
clauses 38 and 41 to ensure that all existing nominees and applicants must
successfully complete training before 31 December 2005, and provide
advice of that success before 31 December 2005.
Clause 43 inserts a new divisional heading "Division 12 Reports about
matters relating to compliance with Act". The new division provides that
all gaming machine licensees must ensure that a compliance self-
assessment is completed each month. The monthly compliance self-
assessment is aimed at assisting licensees to monitor and manage their
compliance with the Gaming Machine Act 1991 and regulations. It works
with other amendments to encourage licensees to view compliance as part
of good business practice that needs regular monitoring. This view will be
emphasised for those licensees who are a body corporate. Such licensees
will need to ensure that the compliance assessment is considered by the
licensee's management committee or board. Licensees will also need to
keep a copy of a compliance self-assessment for 5 years and must keep it
available for inspection at the licensed premises. The maximum penalty
for failing to do so is 100 penalty units. The clause also enables a
regulation to specify that licensees must provide a biannual report to
Queensland Office of Gaming Regulation about the changes effected by
licensees to correct issues of non-compliance identified through the
monthly self-assessment process. The maximum penalty for failing to do
so is 40 penalty units.
Clause 44 amends section 290 to extend to site controllers the existing
requirements regarding the fixing of seals on gaming machines. These
changes will enhance the integrity of gaming by requiring that seals are
placed on the equipment used to communicate between gaming machines
and licensed monitoring operators to safeguard the equipment from
tampering.
Clause 45 operates in conjunction with clauses 44 and 46 to enhance the
protection of sensitive areas of gaming equipment. It will achieve this
through amending section 292 to require that a seal (and any identification
plate or label) on the site controller be unbroken and easily identifiable and
accessible. The clause also extends the existing section to include a
prohibition on a person removing, replacing or interfering with the
operation of a site controller or anything within the site controller. The
provision also requires that a licensed repairer who breaks a seal securing a
site controller of a gaming machine must ensure that gaming machines
connected to the site controller are not played other than for testing
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Gambling Legislation Amendment Bill 2005
purposes, until the site controller is secured with a seal. The maximum
penalty for failure to do so is 200 penalty units.
Clause 46 inserts a new section 292A that requires site controllers of
gaming machines be identified as such by a label securely fixed to the site
controller, and to be readily accessible to inspectors. The maximum
penalty for failing to do so is 200 penalty units. The intention of these
changes is for an inspector to be able to see the seal (and any identification
plate or label) on the site controller without having to move the controller
or other equipment.
Clause 47 amends section 296 to clarify that gaming machine licensees
must perform a money clearance complying with section 297 at least four
times a month and at intervals of no greater than 10 days with the clearance
required under section 295 to be counted as one of the four clearances.
This change rectifies a situation where a licensee may be required to
perform a monthly money clearance under section 295 sometimes as soon
as one day after the last weekly money clearance required by section 296.
Clause 48 amends section 308 to require that accounting records, for at
least one year, must be immediately available for inspection during
business hours by inspectors. This change will ensure that an inspector
making an unannounced visit to audit a licensed premises will have access
to the most recent accounting records. The maximum penalty for failing to
have the records immediately available is 100 penalty units.
Clause 49 inserts a new division on inspectors. The division modernises
the provisions dealing with the appointment of inspectors and makes them
consistent with the other gambling Acts. In this regard, it achieves the
same result as clauses 6 and 12.
Clause 50 amends section 366 to ensure consistency and avoid duplication
across the provisions of the gambling Acts relating to regulation-making
power. The provision retains its objective however the drafting style has
been amended to ensure a standardised approach to regulation-making
powers.
Clause 51 inserts a new division for the transitional provisions associated
with this Bill.
New section 436 provides that for applications for a gaming machine
licence that were given to the chief executive, and not decided before the
commencement of the provision, the applicant must give the Queensland
Gaming Commission a copy of their compliance program document and
the required statement about the program. Further, if the applicant
licensee is an individual person who does not need to have a gaming
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Gambling Legislation Amendment Bill 2005
nominee, the licensee must complete a training course for nominees before
31 December 2005 and show evidence of satisfactory completion to the
chief executive before that date.
New section 437 requires that applicants for a gaming nominee licence
who have not had their application decided before commencement of the
section and are subsequently successful in their application must complete
a training course before 31 December 2005. The nominees must also prove
satisfactory completion to the chief executive before 31 December 2005.
The new sections 438 and 439 complete the requirements for all new and
existing gaming nominees (and individual licensees) to have successfully
completed training regarding matters essential to the proper conduct of
gaming. In this regard the sections give existing nominees and existing
individual licensees who are not required to have nominees until 31
December 2005 to successfully complete a training course and show
evidence of that completion to Queensland Office of Gaming Regulation.
Moreover, the sections provide recognition for training recently undertaken
by existing nominees and individual person licensees. Consequently, those
persons who have been nominees or individual person licensees for at least
one year prior to commencement and who have successfully completed the
nominated units of nationally recognised hospitality training courses in the
past three years will not have to complete further training. The exemption
only applies if those nominees and individual person licensees provide
evidence to Queensland Office of Gaming Regulation before 31 December
2005 that they have successfully completed the nominated training units.
Clause 52 amends the Schedule (Dictionary) by inserting definitions
relating to approved training courses, ANTA, article, compliance programs,
compliance program documents and self-assessments, records and site
controllers.
Part 6 Amendment of Interactive Gambling
(Player Protection) Act 1998
Clause 53 provides that Part 6 of the Bill amends the Interactive Gambling
(Player Protection) Act 1998.
Clause 54 amends section 130 relating to dealing with submissions about
control systems by altering the drafting style to be consistent with a more
standardised approach to control system requirements, whilst retaining the
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Gambling Legislation Amendment Bill 2005
objective of the provision. This change ensures consistency across the
provisions of the gambling Acts relating to control system requirements.
Clause 55 inserts a new subdivision on inspectors. The subdivision
modernises the provisions dealing with the appointment of inspectors and
makes them consistent with the other gambling Acts. In this regard, it
achieves consistency with amendments achieved by clauses 6, 12, and 49.
Clause 56 amends section 261 to revise the provision that sets out that the
Minister may delegate the Minister's powers under the Act to the chief
executive or an appropriately qualified appointed inspector or an
appropriately qualified officer of the department. The provision also
provides a definition for `appropriately qualified'. This amendment makes
the provision consistent with those about delegation of power in other
gambling Acts.
Clause 57 inserts a new division for the transitional provisions associated
with clause 56.
Clause 58 amends Schedule 3 Dictionary by inserting definitions of
appointed inspector and external inspector to facilitate the amendments in
Part 6.
Part 7 Amendment of Keno Act 1996
Clause 59 provides that Part 7 of the Bill amends the Keno Act 1996.
Clause 60 inserts a new section 120 relating to dealings with submissions
about control systems by altering the drafting style to be consistent with a
more standardised approach to control system requirements, whilst
retaining the objective of the provision. This change ensures consistency
across the provisions of the gambling Acts relating to control system
requirements.
Clause 61 makes minor amendments to section 167 relating to the
appointment and qualifications of inspectors to ensure consistency and
avoid duplication across the provisions of the gambling Acts relating to the
appointment of inspectors.
Clause 62 removes part 9, division 1, subdivision 2 (section 168) which
provided for inspectors appointed under other gambling Acts to
automatically be an inspector under the Keno Act 1996. While the cross-
appointment of inspectors may reduce the need for duplication of
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Gambling Legislation Amendment Bill 2005
appointment across the gambling Acts, it is considered that such provisions
may result in officers with limited experience or training in Keno
operations exercising inspectorial powers under the Keno Act 1996. It is
intended that inspectors will be appointed under the Keno Act before
commencement of the section and consequently transitional provisions to
ensure the continuation of any inspectors appointed under the cross-
appointment provisions will not be required.
Clause 63 omits section 171 which relates to identity cards for inspectors to
ensure the provision is consistent with other gambling Acts in relation to
inspectors.
Clause 64 amends section 171B relating to when an inspector ceases to
hold office to ensure consistency across the provisions of the gambling
Acts relating to inspectors and reflects the changes arising from the
deletion of section 168.
Clause 65 amends section 171D relating to the return of identity cards to
ensure consistency across the provisions of the gambling Acts relating to
inspectors.
Clause 66 amends section 171E relating to audit programs for inspectors to
ensure consistency across the provisions of the gambling Acts relating to
inspectors.
Clause 67 omits section 241(1) and replaces it with a new section that
provides for the delegation of the Minister's powers under the Act. This
amendment makes the provision consistent with those about delegation of
powers in other gambling Acts.
Clause 68 amends section 243 to ensure consistency and avoid duplication
across the provisions of the gambling Acts relating to regulation-making
power. The provision retains its objective however the drafting style has
been amended to ensure a standardised approach to regulation-making
powers.
Clause 69 amends the Schedule 4 Dictionary by replacing the definitions of
inspector and appointed inspector with a new definition of inspector, to
facilitate the amendments in Part 7.
Part 8 Amendment of Lotteries Act 1997
Clause 70 provides that Part 8 of the Bill amends the Lotteries Act 1997.
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Gambling Legislation Amendment Bill 2005
Clause 71 inserts a new section 103 relating to dealings with submissions
about control systems by altering the drafting style to be consistent with a
more standardised approach to control system requirements, whilst
retaining the objective of the provision. This change ensures consistency
across the provisions of the gambling Acts relating to control system
requirements.
Clause 72 makes minor amendments to section 153 relating to the
appointment and qualifications of inspectors to ensure consistency and
avoid duplication across the provisions of the gambling Acts relating to the
appointment of inspectors.
Clause 73 removes part 8, division 1, subdivision 2 (section 154) which
provided for inspectors appointed under other gambling Acts to
automatically be an inspector under the Lotteries Act 1997. While the
cross-appointment of inspectors may reduce the need for duplication of
appointment across the gambling Acts, it is considered that such provisions
may result in officers with limited experience or training in Lottery
operations exercising inspectorial powers. It is intended that inspectors
will be appointed under the Lotteries Act before commencement of the
section and consequently transitional provisions to ensure the continuation
of any inspectors appointed under the cross-appointment provisions will
not be required.
Clause 74 omits section 157 which relates to identity cards for inspectors to
ensure the provision is consistent with other gambling Acts in relation to
inspectors.
Clause 75 amends section 157B relating to when an inspector ceases to
hold office to ensure consistency across the provisions of the gambling
Acts relating to inspectors.
Clause 76 amends section 157D relating to the return of identity cards to
ensure the provision is consistent across the provisions of the gambling
Acts relating to inspectors.
Clause 77 amends section 157E relating to audit programs to ensure the
provision is consistent with other gambling Acts in relation to inspectors.
Clause 78 omits section 226(1) and replaces it with a new section that sets
out that the Minister may delegate the Minister's powers under the Act to
the chief executive or an appropriately qualified inspector or an
appropriately qualified officer of the department. This amendment makes
the provision consistent with those about delegation of powers in other
gambling Acts.
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Gambling Legislation Amendment Bill 2005
Clause 79 amends section 228 to ensure consistency and avoid duplication
across the provisions of the gambling Acts relating to regulation-making
power. The provision retains its objective however the drafting style has
been amended to ensure a standardised approach to regulation-making
powers.
Clause 80 amends the Schedule 3 Dictionary by replacing the definitions of
inspector and appointed inspector with a new definition of inspector, to
facilitate the amendments in Part 8.
Part 9 Amendment of Wagering Act 1998
Clause 81 provides that Part 9 of the Bill amends the Wagering Act 1998.
Clause 82 amends section 176 relating to dealings with submissions about
control systems by altering the drafting style to be consistent with a more
standardised approach to control system requirements, whilst retaining the
objective of the provision. This change ensures consistency across the
provisions of the gambling Acts relating to control system requirements.
Clause 83 inserts a new division about inspectors. The division modernises
the provisions dealing with the appointment of inspectors and makes them
consistent with the other gambling Acts. In this regard, it achieves the same
outcome as clauses 6, 12, 49 and 55.
Clause 84 amends section 309 to provide that the Minister may delegate the
Minister's powers under the Act to the chief executive or an appropriately
qualified inspector or an appropriately qualified officer of the department.
This amendment makes the provision consistent with those about
delegation of powers in other gambling Acts.
Clause 85 amends section 312 to ensure consistency and avoid duplication
across the provisions of the gambling Acts relating to regulation-making
power. The provision retains its objective however the drafting style has
been amended to ensure a standardised approach to regulation-making
powers.
Clause 86 inserts a new division for the transitional provisions associated
with clause 83.
Clause 87 amends the Schedule 2 Dictionary to insert definitions of
commencement and pre-amended Act to facilitate the amendments made in
Part 9.
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Gambling Legislation Amendment Bill 2005
Part 10 Amendment of Acts
Clause 88 provides for minor technical amendments to the Casino Control
Act 1982, the Charitable and Non-Profit Gaming Act 1999, the Gambling
Legislation Amendment Act 2004, the Gaming Machine Act 1991, the
Interactive Gambling (Player Protection) Act 1998, the Keno Act 1996, the
Lotteries Act 1997 and the Wagering Act 1998.
© State of Queensland 2005