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1
Gaming Machine Amendment
GAMING MACHINE AMENDMENT BILL
1998
EXPLANATORY NOTES
Short Title
Gaming Machine Amendment Bill 1998
Objectives of the Legislation
The legislation provides for essential amendments required prior to 1
July 1998 to continue the Government's implementation of changes to the
gaming machine industry following the Review of Gaming Machine
Regulatory Arrangements by the Government in 1996.
The proposed legislation amends the responsibilities with regard to:
(a) leasing and sub-leasing of gaming machines by licensed
operators and approved financiers;
(b) maintaining registers of gaming machines by licensed operators
and approved financiers;
(c) changing of the percentage return available to players; and
(d) approval of linked jackpot arrangements.
The proposed Bill amends the Gaming Machine Act 1991.
Reasons for the Legislation
Following the Review of Gaming Machine Regulatory Arrangements the
Government negotiated a package of changes with industry participants.
Two of the most significant changes were the introduction of third party
Licensed Monitoring Operators who would take over the electronic
monitoring of gaming machines in licensed clubs and hotels, and for the
Government to cease the ownership of gaming machines.
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Gaming Machine Amendment
The Gaming Machine Amendment Act 1997 provided for the changes
required by 1 July 1997. The Government's commitment to the package of
changes now depends on the passage of this legislation to facilitate the
changes due to take place by 1 July 1998.
Estimated Cost for Government Implementation
There are no additional costs anticipated from the changes to the gaming
machine industry resulting from this legislation. Within the Queensland
Office of Gaming Regulation there will be some re-allocation of resources
from direct monitoring of gaming machine venues to the monitoring of the
licensed operators and approved financiers. However, this should be cost
neutral to the Office.
The introduction of licensed operators and the approval of linked jackpot
arrangements is expected to lead to an increase in revenue from machine
gaming activities.
Assessment of Bill's Consistency with Fundamental Legislative
Principles
The legislation has been prepared taking into consideration fundamental
legislative principles.
Consultation
The Review of Queensland Gaming Machine Regulatory Arrangements
was published as a Government White Paper following more than six
months of consultation with industry participants.
Following the publication of the White Paper the Government entered
into a period of intense negotiations with industry participants and
consideration of submissions from the community.
The decision for the Government to remove itself from gaming machine
ownership and monitoring is recognised as implementing National
Competition Policy requirements by removing the Government from
operational matters.
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Gaming Machine Amendment
NOTES ON PROVISIONS
Clause 1 sets out the short title of the Act.
Clause 2 provides for the Act to commence on proclamation.
Clause 3 notes that this Act amends the Gaming Machine Act 1991.
Clause 4 lists amendments to the Definitions.
Clause 5 inserts new sections 6A to 6C which define the terms "jackpot
payout", "metered payouts" and "percentage return to player".
Clause 6 removes section 39(3)(i) of the Gaming Machine Act.
Clause 7 removes section 44 of the Gaming Machine Act.
Clause 8 amends the title of section 45 of the Gaming Machine Act and
omits the requirement to display the schedule of gaming machines.
Clause 9 amends section 55(2) of the Gaming Machine Act to clarify the
provision.
Clause 10 amends section 58 of the Gaming Machine Act to provide for
the relocation of gaming machine areas and remove any reference to the
modification of such areas.
Clause 11 amends section 98A of the Gaming Machine Act to define the
term "leased" to include a hire purchase agreement as defined by the
Hire-purchase Act 1959. A similar amendment has been included in
clauses 13 and 14.
Clause 12 amends section 130 of the Gaming Machine Act to provide
that the chief executive may also list on a roll of recognised manufacturers
and suppliers of gaming machines, the name of any person the chief
executive considers an appropriate person and who has submitted a gaming
machine type or game for approval pursuant to section 146 of the Act and
the machine type or game was approved under the section.
Clause 13 amends section 135 of the Gaming Machine Act to provide
that a licensed operator or an approved financier may lease a gaming
machine to another licensed operator or approved financier licensee for
subleasing to a licensee or a gaming trainer.
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Gaming Machine Amendment
Clause 14 replaces section 141D of the Gaming Machine Act and
provides that a licensed operator and an approved financier must maintain a
register of gaming machines in the approved form.
Clause 15 inserts a new section 146A of the Gaming Machine Act which
enables licensed operators or licensees to alter the percentage return to
player approved purusant to section 146 of that Act.
Clause 16 amends section 149 of the Gaming Machine Act which
provides for the approval of linked jackpot arrangements.
Clause 17 amends and clarifies section 153(5) of the Gaming Machine
Act and replaces section 153(6) with a new sub-section which provides that
section 153(1)(a) to (j) does not apply to electronic monitoring equipment
not located on licensed premises or gaming equipment not connected to an
electronic monitoring system and not installed in a gaming machine area.
Clause 18 amends section 161 of the Gaming Machine Act to include a
definition of a prescribed licensee as prescribed under a regulation. This
provision also includes action which must be taken if a prescribed licensee
ceases to be a licensee under the Gaming Machine Act.
Clause 19 amends section 206 of the Gaming Machine Act to include
section 149(7) in the list of offences.
© The State of Queensland 1998