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1
Gaming Machine and Other Legislation Amendment
GAMING MACHINE AND OTHER
LEGISLATION AMENDMENT BILL 1998
EXPLANATORY NOTES
Short Title
Gaming Machine and Other Legislation Amendment Bill 1998
Objectives of the Legislation
The legislation provides for amendments required 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 provides for the following amendments to be
incorporated into the Gaming Machine Act 1991.
· Increased terms of licences issued under the legislation.
· Licensing of "gaming nominees" for sites.
· Strengthened provisions dealing with "entrepreneurial" and
externally controlled clubs.
· Further anti-corruption offences.
· Redrafting of existing provisions to modernise the Act.
· Minor administrative amendments.
Reasons for the Legislation
Following the 1996 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 Operators to take over the electronic
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Gaming Machine and Other Legislation Amendment
monitoring of gaming machines in licensed clubs and hotels, and for the
Government to cease the ownership of gaming machines.
The Gaming Machine Amendment Act 1997 and the Gaming Machine
Amendment Act 1998 have provided for the changes required prior to 1 July
1997 and 1 July 1998 respectively. The Government's continued
commitment to the package of changes now depends on the passage of this
legislation to facilitate further changes to the effective operation of the
regulatory regime.
Estimated Cost for Government Implementation
There are no additional costs anticipated from the changes to the gaming
machine industry resulting from this legislation.
Any increase in costs relating to the licensing of gaming nominees will
be more than offset with the savings from the extension of the licence
period, for most licences, from 2 years to 5 years.
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 Government has also consulted with some licensed operators and
representatives of the club and hotel industries to strengthen provisions
relating to "entrepreneurial" or externally controlled clubs.
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Gaming Machine and Other Legislation Amendment
NOTES ON PROVISIONS
Clause 1 sets out the short title of the Act.
Clause 2 provides for Section 113 to have commenced, or is taken to
have commenced, on 1 July 1997. The remaining provisions of the Act
commence on proclamation.
Clause 3 notes that Part 2 of this Act amends the Gaming Machine Act
1991.
Clause 4 lists amendments to the Definitions.
Clause 5 amends the definition of "associate".
Clause 6 inserts section 6AA which specifies the persons affected by
"control action" under Corporations Law.
Clause 7 omits section 12(2).
Clause 8 amends section 24(8)(b) to allow appeals to be made to the
Minister in respect to a determination of the Queensland Gaming
Commission (the commission) under sections 40B(2), 41B or 41C(2). This
clause also amends section 24(8)(e) to (h) and section 24(8)(m) to allow
appeals from decisions under sections 56B, 57B, 64 and 94 of the Act.
Finally, it amends section 24(9) to allow appeals to be made in relation to
decisions of the chief executive under sections 51, 65A, 76E, 76F and 86.
Clause 9 omits section 31 and inserts sections 30A and 30B and a new
section 31 to provide for the powers of delegation under the Act by the
Minister, the Queensland Gaming Commission and the chief executive.
Clause 10 replaces section 34 to provide for the chief executive to request
a written report into a person's criminal history from the commissioner of
the police service and outlines the information which the report must
contain.
Clause 11 makes minor drafting amendments to section 38(1)(a).
Clause 12 amends section 39 to allow for an individual or body
corporate to make an application for a gaming machine licence where the
licensed premises are part of the area covered by a special facility liquor
licence. Section 39 will also provide that a body corporate which holds, or
has applied to become the holder, of a club liquor licence may make an
application for a gaming machine licence to cover one or more premises
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Gaming Machine and Other Legislation Amendment
specified in a liquor licence, or in an application for a liquor licence. Section
39 is also amended to provide that it is a condition precedent to
consideration of an application for a licence by an individual that the
applicant is agreeable to the taking of fingerprints before the grant of the
licence.
Clause 13 replaces sections 40 and 41 and inserts new sections 40, 40A,
40B, 40C, 41, 41A, 41B, 41C and 41D which outline the process by which
all applications for gaming machine licences are assessed, decisions made,
applicants notified and the process by which the number of gaming
machines which may be operated at each licensed premises is set. Provision
is also made to allow the chief executive and commission to process and
approve applications for a single licence to cover multiple premises. Finally,
the amendments strengthen licensing provisions to place the election of club
management more clearly in the hands of the members of each club, to
place control of club operations more clearly in the hands of the committee
of each club and provide that contractual arrangements entered into by clubs
are, except as provided for in section 40A(6), not to be for the purpose of
private profit.
Clause 14 amends the heading of section 42 and replaces section
42(3)(b)(iii) to require notification if a body corporate is affected by control
action under the Corporations Law.
Clause 15 inserts section 42A which provides that category 2 licensed
premises must notify the chief executive within 7 days of any material
changes in any lease or rental arrangements, or other financial
arrangements, made in respect of the licensee's licensed premises that have
occurred since the licence was granted or renewed.
Clause 16 amends section 43 to require the location of each licensed
premises to be specified in the licence.
Clause 17 inserts a new section 44 which provides that an amalgamated
licence may be issued to a club which holds more than one gaming machine
licence at the commencement of the section, in lieu of the licences held by
that club.
Clause 18 amends section 45 to provide that a licensee that holds a
single licence for multiple premises must display a copy of the licence at
each of the premises to which the licence relates.
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Gaming Machine and Other Legislation Amendment
Clause 19 amends section 47 to provide that the term of gaming
machine licences be extended from 2 years to 5 years.
Clause 20 replaces subsections 51(5) and (6) and inserts new
subsections 51(7) and (8) to extend the term of a licence renewal from 2
years to 5 years and to provide the relevant licensed operator written notice
of non-renewal.
Clause 21 replaces sections 55 to 57. The new section 55 provides that
the chief executive may at any time remove rented gaming machines (State
property) from a licensed premises and replace them with other gaming
machines. This provision also enables the chief executive to remove rented
gaming machines from premises where an approval to reduce the number
of machines at the premises has been approved by the commission or
where the gaming machine licence has been cancelled or is not renewed. It
also inserts section 55A which provides that the chief executive may direct,
in writing, a licensee to alter an authorised gaming machine, if the chief
executive reasonably believes that certain factors exist. A maximum penalty
of 200 penalty units is provided for non-compliance with such a direction.
A new section 56 is inserted to provide that a licensee with more than 1
premises must specify the premises to which the application for an increase
relates. It also inserts section 56A to 56D, a new section 57 and sections
57A to 57D. Sections 56A to 56D clarify the provisions relating to an
application to increase the number of gaming machines at a site. These
provisions clarify the chief executive's role where the commission has
delegated its powers to decide an application. The amendment also provides
that, in the case of clubs with a single licence for multiple premises, the
combined total number of gaming machines for all licensed premises is not
to exceed the maximum number prescribed. Sections 57 to 57D clarify the
provisions relating to a decrease in gaming machines. These provisions
clarify the chief executive's role where the commission has delegated its
powers regarding a proposal to decrease the number of gaming machines.
Section 57D also clarifies that the machines to be surrendered to the chief
executive are only those which are the property of the State. Finally, the
amendment provides that, where machines are not State property, the
licensee has one month (unless the chief executive has extended the time) to
dispose of excess machines by sale to specified parties or by destruction of
the machines.
Clause 22 amends section 58 to clarify the intent of section 58(4)(a).
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Gaming Machine and Other Legislation Amendment
Clause 23 amends section 59(1) to include the application of the section
to applicants or licensees who made an additional premises application.
Other minor technical amendments have also been made to section 59.
Clause 24 amends sections 62(2), (5) and (6) and inserts new sections
62(7) to (10) to clarify that the chief executive must remove machines
which are State property and approve the disposal of privately acquired
gaming machines. This amendment also provides that where any licence is
surrendered, the chief executive must give written notice to the licensee's
licensed operator.
Clause 25 replaces section 63 with a provision which states that if a
liquor licence, issued pursuant to the Liquor Act 1992 is cancelled,
transferred or surrendered, any associated gaming licence is cancelled.
Similarly, if a liquor licence is suspended, any associated gaming licence is
suspended for the same period of time. However, in the case of a club with
multiple premises, the cancellation, transfer, surrender or suspension only
relates to the premises cancelled, transferred, surrendered, suspended or
taken to be unlicensed premises. Finally, if the premises to which a liquor
licence relates is taken to be unlicensed, the premises, or part thereof, to
which any associated gaming licence for the liquor licence relates, is also
taken to be unlicensed.
Clause 26 amends section 64 to provide additional grounds for
cancellation or suspension of gaming machine licences and the issuing of
letters of censure. In particular, if a licensee fails to take reasonable steps to
establish and maintain satisfactory control for the conduct of gaming, a
ground will exist. Further grounds exist for cancellation, suspension or
censure if the election of the club's management does not remain clearly in
the hands of the club's membership, or control of the club's operations do
not clearly remain in the hands of the club's committee, or contractual
arrangements are entered into by the club for the purpose of private profit.
The process for issuing a show cause notice has also been amended to
enable the chief executive to require that the licensee provide certain persons
with a copy of the show cause notice. Finally, provision is made for
cancellation or suspension of a licence where the licensee fails to comply
with a direction under 64(12)(c).
Clause 27 amends section 65 to provide, in addition to the existing
provisions, that a suspension continues to have effect until the notice to
show cause issued to the licensee by the chief executive in complying with
subsection (4) is finally dealt with.
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Gaming Machine and Other Legislation Amendment
Clause 28 inserts section 65A which provides for the immediate
suspension by the chief executive of a gaming machine licence for
non-payment, by the due date, of monthly fees, gaming taxes or a penalty
imposed under the Act. This provision also applies if the amount of an
instalment a licensee is, because of a direction given under section 170(1A),
not received by the chief executive on or before the due date.
Clause 29 makes a minor technical amendment to section 66.
Clause 30 inserts section 66A which provides that advice must be given
to interested parties with respect to action taken under sections 64(8)(a),
64(8)(b), 64(8)(c), 64(12), 64(12A), 65A(3) and 65(1).
Clause 31 replaces the heading for section 68 and omits subsection
68(2).
Clause 32 inserts sections 68A and 68B which provide for the recovery
or disposal of gaming machines and other property on cancellation or
non-renewal of a gaming machine licence and for the destruction of
fingerprints of a person who ceases to be a licensee.
Clause 33 makes a minor technical amendment to section 69.
Clause 34 omits section 72D.
Clause 35 omits section 72N.
Clause 36 amends section 72O to clarify the chief executive's
requirements if the commission has delegated its powers under section 72P
in relation to an application for a monitoring operator's licence.
Clause 37 inserts section 72ZA(5) to provide that the licensed operator
must also give a copy of the notice to surrender to relevant licensees and
any other relevant licensed operators.
Clause 38 replaces sections 72ZB to 72ZD with sections 72ZB and
72ZC which clarify the intent of sections 72ZB to 72ZD and provides for
the investigation of persons who become associated with the licensee after
the issue of the licence.
Clause 39 amends section 72ZG to include that an additional ground
exists for the suspension and cancellation of an operator's licence where a
licensed operator or an associate of a licensed operator helps or induces a
licensee to do something which constitutes a ground for suspending or
cancelling a gaming machine licence.
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Gaming Machine and Other Legislation Amendment
Clause 40 amends section 72ZH(2) to provide that the chief executive
may include in a written show cause notice a requirement that the operator
provide certain persons with a copy of the notice.
Clause 41 replaces section 72ZI to clarify the process for involvement of
interested persons in the show cause process.
Clause 42 makes a minor technical amendment to section 72ZJ(b).
Clause 43 amends section 72ZK to provide for a written notice regarding
ending a show cause process to be given to the licensed operator.
Clause 44 amends section 72ZO to enable the commission to appoint an
administrator to conduct the licensed operator's monitoring operations
under the operator's licence. Any decision not to take action under this
section must be promptly conveyed to the licensed operator in writing.
Clause 45 amends section 72ZP to also enable the commission to
appoint an administrator to conduct the licensed operator's monitoring
operations.
Clause 46 inserts a new section 72ZRA which outlines the terms of
appointment and role of an administrator who may be appointed to conduct
a licensed operator's monitoring operations.
Clause 47 replaces section 72ZS to clarify the process by which notices
are given to interested persons for action taken against a licensed operator
under this Part.
Clause 48 inserts a new section 72ZVA which requires a licensed
operator to notify the chief executive in writing of a licensee's failure to pay
certain amounts payable to that licensed operator. This clause also inserts
section 72ZVB which requires that an operator refrain from using a
premises for storing or handling gaming equipment or ancillary or related
property unless the premises have been approved by the chief executive for
that purpose. An application to have premises approved must be made in a
way prescribed.
Clause 49 replaces section 72ZW to require licensed operators to provide
the chief executive with returns about all employees, whether licensed or
unlicensed.
Clause 50 inserts a new section 72ZZ which provides that the chief
executive may require a licensed operator to end the role of a key officer.
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Gaming Machine and Other Legislation Amendment
Clause 51 inserts "Division 7A--Compliance Requirements" which
provides extensive compliance requirements for licensed operators. In
particular, the part provides for control systems for licensed operators to be
approved prior to the licensed operator conducting monitoring operations.
Approvals must also be obtained prior to changing a control system. The
chief executive may direct a licensed operator to alter a control system and
the licensed operator must comply with the direction. The part also requires
licensed operators to keep monitoring records for 5 years, to keep
accounting records, prepare financial statements and submit appropriate
returns to the chief executive. Annual audits must be conducted in
accordance with any guidelines issued by the chief executive and the
resulting report must be provided to the chief executive. Further, this part
specifies that approved financial institution accounts must be kept for use in
relation to all monitoring operator transactions and that the licensed operator
must comply with audit requirements set out in the part. Finally, this part
incorporates strong financial reporting requirements for operators to allow
the chief executive to review all receipts and payments of the operator in the
course of its dealings with sites and machine manufacturers.
Clause 52 renumbers section 72ZZ to section 72ZZR.
Clause 53 amends the heading of Part 4 by replacing the reference to
"machine managers" with "gaming employees".
Clause 54 inserts new sections 72ZZS and 72ZZT which respectively
define the terms "key monitoring employee" and "key officer".
Clause 55 amends section 74 to clarify its application to licensed
operators rather than licensees.
Clause 56 replaces section 75 and outlines the licensing requirements for
carrying out gaming duties on licensed premises. The provision makes it an
offence for a person to employ, or cause a person to employ, a person to
carry out gaming duties unless the person is appropriately licensed. Except
as provided, the licensee must have in their employ at all times at least two
appropriately licensed persons and at least one appropriately licensed person
must be present on the licensed premises or readily available for carrying
out duties for the premises.
Clause 57 amends section 76 to incorporate the terms "licensed gaming
employee" and "gaming employee's licence".
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Gaming Machine and Other Legislation Amendment
Clause 58 inserts sections 76B to 76F which provide for the meaning of
"nominee" of a licensee for premises. The amendments also require that a
licensee which is a body corporate or a licensee which holds more than one
gaming machine licence must have a nominee. The new provisions include
the process for applying for a gaming nominee's licence by licensed
gaming employees and the process for applying for a gaming employee's
licence by licensed gaming nominees.
Clause 59 amends section 77 to cover gaming employees and gaming
nominees. The amendment also requires that applications for repairers'
licences and applications for key monitoring employees' licences must be
accompanied by an employment notice. Applications for nominees must be
accompanied by a notice nominating the person as a licensee's nominee.
Clause 60 amends section 78 to require notification if a body corporate is
affected by control action under the Corporations Law.
Clause 61 amends section 79 to enable the chief executive to request
further information or documentation considered necessary in making a
recommendation under the section. The chief executive may also cause a
person's fingerprints to be taken with the applicant's agreement. Finally, the
provision clarifies the role of the chief executive where the commission has
delegated its powers to grant or refuse to grant a licence under Part 4 of the
Act.
Clause 62 replaces section 80 to outline the process by which the
commission may grant or refuse to grant a licence under Part 4 of the Act
and includes a public interest test.
Clause 63 amends section 81 to insert references to gaming employees
and gaming nominees and to provide that, if a licence is granted on certain
conditions, those conditions must be stated in the licence, or the licence
must be accompanied by written notice of the conditions.
Clause 64 amends section 83 to provide that licences issued under Part 4
of the Act are valid for 5 years.
Clause 65 amends section 86 to insert references to gaming employees
and nominees and provides that licences mentioned under this section are
valid for a period of 5 years.
Clause 66 amends the heading of section 88. The amendment also
provides that a gaming employee, if asked, must produce for inspection the
gaming employee's or nominee's formal identification card. It requires the
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Gaming Machine and Other Legislation Amendment
licensee to display the nominee's name and a notice stating the person to be
the nominee for the premises.
Clause 67 amends section 89 to replace references to "a natural person"
with the words "an individual".
Clause 68 replaces section 90 with a provision which enables the
Minister to approve audit programs for investigating licensed gaming
nominees and associates of licensed gaming nominees. This clause inserts
section 90A which outlines the process by which investigations of licensed
persons and associates of licensed persons are conducted by the chief
executive. Finally, this clause inserts sections 90B and 90C which provide,
respectively, that the chief executive may, by written notice, require a person
to provide information or documentation considered relevant to the
investigation and that it is an offence to fail to comply with such a request
without reasonable excuse.
Clause 69 amends section 92 to specify required returns about
employees and agreements and to specify that only a licensed operator, a
licensed repairer, or a licensed service contractor will be able to employ
licensed repairers. It also provides that a licensee must immediately end the
employment of a person as a gaming employee or take action to stop a
person being a nominee for licensed premises in certain circumstances.
Clause 70 amends section 93 to provide for the time frame within which
the surrender of a licence takes effect.
Clause 71 amends section 94 to provide that a contravention of the Act
(which is not an offence) is grounds to cancel or suspend a licence under
Part 4. In addition, this section provides that a ground for suspension or
cancellation exists if a body corporate is affected by control action under the
Corporations Law or if a licensee fails to comply with a direction. The
amendment also provides that the chief executive may require the holder of
a licence to give a copy of a show cause notice to interested persons.
Clause 72 amends section 95 to provide, in addition to the existing
provisions, that a suspension continues to have effect until the notice to
show cause issued to the licensee by the chief executive in complying with
subsection (4) is finally dealt with.
Clause 73 is a minor technical amendment to section 96.
Clause 74 inserts sections 96A and 96B. Section 96A provides for
notices to be issued to interested persons in relation to certain action taken
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Gaming Machine and Other Legislation Amendment
against the holder of a licence in accordance with Part 4 of the Act. Section
96B provides for the destruction of fingerprints if a person ceases to be a
licensed repairer, licensed gaming nominee, licensed gaming employee,
licensed key monitoring employee or a licensed service contractor.
Clause 75 amends section 97 to insert references to a gaming nominee's
licence and a gaming employee's licence.
Clause 76 amends section 98 to ensure the provision covers each
authorised gaming machine held by the licensee and inserts a new
subsection (2) which provides that a licensee must store any authorised
gaming machine on premises (rather than in a room) approved by the chief
executive. Such gaming machines must be secured in a manner approved
by the chief executive.
Clause 77 amends section 98A to specify that it applies to each of the
licensee's licensed premises.
Clause 78 amends section 99 to provide references to an authorised
gaming machine of a licensee.
Clause 79 amends section 106 to provide that, in addition to a licensee,
an employee must not, during their employment, extend credit to enable the
person or another person to play a gaming machine.
Clause 80 inserts section 110A which deals with unclaimed monetary
and non-monetary prizes.
Clause 81 provides for minor technical amendments to section 111.
Clause 82 provides for minor technical amendments to section 112.
Clause 83 provides for minor technical amendments to section 114.
Clause 84 omits sections 115 to 116 to modernise the Act.
Clause 85 provides for a minor technical amendment to section 123.
Clause 86 provides for a minor technical amendment to section 129.
Clause 87 amends section 140 to clarify the distinction between the
gaming machines and linked jackpot equipment for a linked jackpot
arrangement involving the licensee's authorised gaming machines which a
licensee is authorised to possess, and those gaming machines which a
licensee is not authorised to possess or allow a person to play.
Clause 88 provides for a minor technical amendment to section 141.
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Gaming Machine and Other Legislation Amendment
Clause 89 provides for a minor technical amendment to section 145.
Clause 90 replaces section 146A with a new section 146A and section
146B which outlines the means by which a licensed operator or licensee
may change the percentage return to player for a game. Section 146A
provides for situations where there is a change of ownership of a machine
subject to a percentage change. Section 146B also provides that a change in
the percentage return to player for a game applies to all gaming machines at
the particular licensed premises with the same game and betting unit,
excluding those which form part of a linked jackpot arrangement.
Clause 91 inserts section 148A to provide for an offence if a person
offers a payment or benefit to another person, to induce a third person to
acquire equipment or services. For example, the paying of a secret
commission to a person in connection with the purchase, lease, sublease or
financing of equipment or the provision of services is expressly prohibited.
This is an offence which may be prosecuted in a summary way or upon
indictment, and carries the maximum penalty applicable under the Act.
Clause 92 amends section 151 to ensure that, in addition to repairs,
subsection (2) does not apply to machines undergoing installation,
alteration, adjustment, or maintenance. It also provides for a minor
technical amendment to subsection 3(b).
Clause 93 provides for a minor technical amendment to section 152.
Clause 94 amends section 153 to clarify that a licensed repairer is
authorised to undertake action under subsection 153(1) provided the repairer
does not undertake other activities without the licensed operator's approval.
It also omits subsection (5) which is no longer relevant.
Clause 95 provides for minor technical amendments to section 155.
Clause 96 amends section 158 to provide that, in the case of a club with
more than one licensed premises, the licensee must maintain separate
accounting records for each premises.
Clause 97 amends section 159 to provide that licensees will be required
to prepare a monthly gaming machine reconciliation report for the premises
and keep it on the premises, rather than lodge it with the chief executive.
Clause 98 amends section 161 to expand the definition of "accountant"
for the purposes of the section to include a member of the National Institute
of Accountants or other approved person.
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Gaming Machine and Other Legislation Amendment
Clause 99 omits section 161A.
Clause 100 amends section 163 to provide that, for clubs with more than
1 premises, the monthly taxable metered win for all premises be combined
for the purpose of calculating tax. It further provides that the chief executive
is to make an assessment of the monthly metered tax by some other means
in the event of a malfunction of the system used to make the assessment.
Clause 101 amends section 170 to provide that, in addition to the existing
provision, the chief executive may direct a licensee, by written notice, to pay
an amount by instalments. It is an offence not to comply with such a
direction.
Clause 102 inserts section 170A which provides for the adjustment of
gaming machine tax to allow for situations where there is a negative amount
of tax payable.
Clause 103 amends section 171 to provide that the penalty for late
payment is subject to section 163(1B).
Clause 104 replaces section 173 with a provision which states that a
licensed operator must give the licensee of licensed premises to which it
provides monitoring services a financial statement in accordance with the
section. In addition, the chief executive may require a licensed operator to
provide an explanation of any matter within the statement.
Clause 105 makes a minor technical amendment to section 174.
Clause 106 amends section 176 to provide that any tax or penalty
payable under section 171 is a debt payable to the State by the licensee or, if
the licensee is a body corporate, jointly and severally by each person who is
or was a director of the body when the debt became payable.
Clause 107 replaces section 177 with a section which provides for
offences relating to evading payment of fees, penalties and taxes.
Clause 108 omits section 178.
Clause 109 replaces section 186(2) to provide for a prohibition against a
gaming employee, instead of a machine manager, playing gaming machines
on the licensed premises where he or she is employed and for 30 days after
the person ceases their role at the licensed premises. The prohibition against
a licensee remains unchanged.
Clause 110 provides for minor technical amendments to section 187(1).
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Gaming Machine and Other Legislation Amendment
Clause 111 amends section 188 to replace subsection (a) in order to
clarify that a person must not have or gain control over an application by a
club for a licence regardless of whether the club subsequently makes such
an application.
Clause 112 inserts section 188A which makes it an offence for a person
to be able to have control over, or have the ability to control the conduct of
gaming at a club unless that person is a secretary, executive officer or a
member of the club and carrying out the role of secretary, executive office
or member of the club. This provision is intended to ensure that the club has
full, free and unfettered control of the conduct of gaming at the premises.
Clause 113 amends section 189(6) to provide that this section will, from
1 July 1997, be restricted on or after that date, to an agreement entered into
between a licensee and a licensed operator for electronically monitoring the
licensee's gaming machines in conjunction with the supply of services
relating to the installation or operation of a linked jackpot arrangement on
the licensee's licensed premises.
Clause 114 provides for minor technical amendments to section 195.
Clause 115 provides for minor technical amendments to section 196.
Clause 116 provides for minor technical amendments to section 206
relating to the proceedings for offences.
Clause 117 makes a number of minor technical amendments to section
212(f).
Clause 118 replaces section 215(2)(a) to provide a regulation making
power in relation to the taking of fingerprints of applicants for gaming
machine, repairer's, gaming nominee's, gaming employee's or key
monitoring employee's licences.
Clause 119 omits the existing section 217.
Clause 120 inserts a new section 217 which provides for definitions
applicable to Part 11 of the Act.
Clause 121 makes a minor technical amendment to section 218(2).
Clause 122 inserts sections 223 to 231 to provide for transitional
arrangements. These arrangements relate to definitions, terms of gaming
machine licences, approved control systems for existing operators,
nominees of licensees, application for gaming nominees' licences,
applications for machine managers' licences, licensed machine managers
and term of part 4 licences.
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Gaming Machine and Other Legislation Amendment
Clause 123 provides that Part 3 of this Act amends the Casino Control
Act 1982.
Clause 124 inserts section 71A into the Casino Control Act 1982 to
provide for the handling of unclaimed monetary and non-monetary prizes.
Clause 125 provides that Part 4 of this Act amends the Interactive
Gambling (Player Protection) Act 1998.
Clause 126 amends section 135 of the Interactive Gambling (Player
Protection) Act 1998 to clarify that it applies only to players accounts held
with a licensed provider.
Clause 127 provides for a minor technical amendment to section 137 of
the Interactive Gambling (Player Protection) Act 1998.
Clause 128 amends section 162 of the Interactive Gambling (Player
Protection) Act 1998 to clarify that any person may submit an application
for approval of regulated interactive gambling equipment, subject to the
chief executive imposing conditions on an approval.
Clause 129 provides that Part 5 of this Act amends the Keno Act 1996.
Clause 130 amends section 148 of the Keno Act 1996 to provide that any
person, including the authorised keno operator, or an employee of an
authorised keno operator, must not extend credit or make a loan to a person,
including themselves, to enable the person to take part in keno. This
amendment also provides that, if a keno operator reasonably believes that a
prize was obtained because of a contravention of this section, the authorised
keno operator must refuse to pay the prize.
Clause 131 amends section 152 of the Keno Act 1996 to provide, in
addition to the existing provisions, a claim for payment of a prize which
has been refused by an authorised keno operator in accordance with section
148.
Clause 132 inserts section 159A of the Keno Act 1996 which prohibits a
keno agent or an employee of a keno agent from taking part in keno gaming
at the place where the agent conducts keno gaming. A person is not eligible
to win a prize for a keno game if the person has acted in contravention of
this provision.
Clause 133 provides that Part 6 of this Act amends the Lotteries Act
1997.
17
Gaming Machine and Other Legislation Amendment
Clause 134 inserts section 132A which provides that sections 131 and
132 of the Lotteries Act have effect despite Part 8 of the Public Trustee Act
1978.
Clause 135 provides that Part 7 of this Act amends the Wagering Act
1998.
Clause 136 amends section 213 to provide that the section has effect
despite Part 8 of the Public Trustee Act 1978.
© The State of Queensland 1998