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TASMANIA
__________
GAMING CONTROL AMENDMENT BILL (No. 2)
2009
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
PART 2 GAMING CONTROL ACT 1993 AMENDED
3. Principal Act
4. Section 23 amended (Matters to be considered in determining
application)
5. Section 29 amended (Licence cannot be granted without
Minister's approval)
6. Section 37 amended (Grounds for objection)
7. Section 38 amended (Matters to be considered in determining
application)
8. Section 74 amended (Determination of application)
9. Section 76ZI amended (Surrender of Tasmanian gaming licence
or gaming endorsement)
10. Section 76ZNB amended (Self-exclusion from wagering with
licensed provider)
11. Section 76ZNC amended (Third-party exclusion from wagering
with licensed provider)
12. Section 76ZW substituted
76ZW. Prohibition on licensed provider self-wagering
[Bill 101]-II
13. Section 76ZZE repealed
14. Section 76ZZIA inserted
76ZZIA.Emergency approval of modification to control
system or gaming equipment
15. Section 76ZZN amended (Application for minor gaming permit)
16. Section 76ZZQ substituted
76ZZQ. Period of minor gaming permit
17. Section 77V amended (Approval of certain contracts by
Commission)
18. Section 91 amended (The Commission's rules)
19. Part 5, Division 3: Heading amended
20. Section 112A amended (Interpretation of Division)
21. Section 112G amended (Commissioner of Police may order
person to be excluded)
22. Section 112I amended (List of excluded persons)
23. Sections 112IA and 112IB inserted
112IA. Commission to keep and disseminate lists of
excluded persons
112IB. Direct marketing of gaming to excluded persons
prohibited
24. Section 112J amended (Excluded persons not to wager or enter
gaming premises)
25. Section 112K amended (Removal of excluded persons from
gaming premises)
26. Part 5, Division 4 inserted
Division 4 Responsible gambling
112L. Commission to establish codes of practice
27. Section 112P substituted
112P. Commission may give directions
28. Section 112S amended (Grounds for disciplinary action)
29. Section 112T amended (Disciplinary action)
30. Section 112TA inserted
112TA. Liability to disciplinary action not extinguished by
loss of licence
31. Section 117 amended (Offences by venue operators in respect of
minors)
2
32. Section 117A inserted
117A. Offence by special employees in respect of minors
33. Section 118A amended (Prohibition on facilitating gaming by
minor)
34. Section 121 amended (Venue operators must erect warning
notices)
35. Section 125 amended (Functions of Commission)
36. Section 148 amended (Licensed premises gaming licence fee)
37. Section 148AB inserted
148AB. Fee to remain on Roll
38. Section 148B substituted
148B. Minor gaming fees
39. Section 150B amended (Revenue sharing)
40. Section 157 amended (Secrecy)
41. Section 172A inserted
172A. Infringement notices
42. Schedule 5 amended (Further transitional and savings
provisions)
PART 3 GAMING CONTROL ACT 1993 FURTHER AMENDED
43. Principal Act
44. Section 112B amended (Self-exclusion from wagering)
45. Section 112C amended (Exclusion from wagering on application
of interested person)
46. Section 112DA inserted
112DA. Expiry of exclusion notices and orders
47. Section 112E amended (Exclusion order by specified licence
holder)
48. Section 112H amended (Duration of section 112E exclusion
orders)
PART 4 LEGISLATION REPEALED
49. Legislation repealed
SCHEDULE 1 LEGISLATION REPEALED
3
4
GAMING CONTROL AMENDMENT BILL (No. 2)
2009
(Brought in by the Premier, the Honourable David John
Bartlett)
A BILL FOR
An Act to amend the Gaming Control Act 1993 and to
repeal the Gaming Control Amendment Act 2007 and the
Gaming Control Amendment Act 2009
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Gaming Control
Amendment Act (No. 2) 2009.
2. Commencement
(1) Except as provided by this section, this Act
commences on the day on which this Act
receives the Royal Assent.
(2) The provisions of Part 3 commence on a day or
days to be proclaimed.
[Bill 101] 5
Gaming Control Amendment Bill (No. 2) 2009
Act No. of
s. 3 Part 2 Gaming Control Act 1993 Amended
PART 2 GAMING CONTROL ACT 1993 AMENDED
3. Principal Act
In this Part, the Gaming Control Act 1993* is
referred to as the Principal Act.
4. Section 23 amended (Matters to be considered in
determining application)
Section 23(2) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "of good
repute," and substituting "fit and proper";
(b) by omitting from paragraph (f) "of good
repute" and substituting "fit and proper".
5. Section 29 amended (Licence cannot be granted
without Minister's approval)
Section 29(1) of the Principal Act is amended by
omitting "section 13(1)" and substituting
"section 13".
6. Section 37 amended (Grounds for objection)
Section 37(1) of the Principal Act is amended as
follows:
*No. 94 of 1993
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Act No. of
Part 2 Gaming Control Act 1993 Amended s. 7
(a) by omitting from paragraph (a) "of good
repute" and substituting "fit and proper";
(b) by omitting from paragraph (b) "of good
repute" and substituting "fit and proper".
7. Section 38 amended (Matters to be considered in
determining application)
Section 38(2) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "of good
repute," and substituting "fit and proper";
(b) by omitting from paragraph (d) "of good
repute" and substituting "fit and proper".
8. Section 74 amended (Determination of application)
Section 74 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)(a) "of
good repute," and substituting "fit and
proper";
(b) by omitting from subsection (2)(b) "of
good repute" and substituting "fit and
proper";
(c) by omitting from subsection (2A) "of
good repute," and substituting "fit and
proper".
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Gaming Control Amendment Bill (No. 2) 2009
Act No. of
s. 9 Part 2 Gaming Control Act 1993 Amended
9. Section 76ZI amended (Surrender of Tasmanian
gaming licence or gaming endorsement)
Section 76ZI of the Principal Act is amended as
follows:
(a) by omitting subsection (2A) and
substituting the following subsection:
(2A) After a person surrenders a
Tasmanian gaming licence, the
Treasurer may give the person a
prescribed proportional refund of
the licence fee.
(b) by omitting subsection (2B);
(c) by omitting paragraph (c) from
subsection (4) and substituting the
following paragraph:
(c) the Treasurer may give the
licensed provider a prescribed
proportional refund of the
relevant part of the licence fee.
(d) by omitting subsection (5);
(e) by omitting subsection (6) and
substituting the following subsection:
(6) In this section
"relevant part", of the licence
fee for a Tasmanian
gaming licence, means
that part of the licence fee
that is payable because of
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Gaming Control Amendment Bill (No. 2) 2009
Act No. of
Part 2 Gaming Control Act 1993 Amended s. 10
a particular gaming
endorsement endorsed on
the licence.
10. Section 76ZNB amended (Self-exclusion from
wagering with licensed provider)
Section 76ZNB of the Principal Act is amended
as follows:
(a) by omitting subsection (5) and
substituting the following subsections:
(5) A licensed provider that receives
a TGL self-exclusion notice must
immediately freeze the excluded
person's wagering account.
Penalty: Fine not exceeding 10 000
penalty units.
(5A) A licensed provider that freezes
an excluded person's wagering
account pursuant to
subsection (5) must immediately
notify the Commission in writing
that it has done so.
Penalty: Fine not exceeding 10 000
penalty units.
(5B) On receiving a notification from a
licensed provider under
subsection (5A), the Commission
may give the licensed provider
such written instructions about
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Gaming Control Amendment Bill (No. 2) 2009
Act No. of
s. 10 Part 2 Gaming Control Act 1993 Amended
the relevant frozen wagering
account as it thinks fit and,
without limiting the
Commission's discretion, these
instructions may be to do one or
more of the following:
(a) deduct any authorised
commission or statutory
charge from the funds in
the frozen wagering
account;
(b) remit some or all of the
funds in the frozen
wagering account to the
excluded person
following the settlement
of any outstanding
wagers;
(c) unfreeze some or all of
the funds in the frozen
wagering account and
remit them to the
excluded person;
(d) have the excluded
person's accounts or
wagering history
independently audited.
(5C) A licensed provider must comply
with an instruction under
subsection (5B).
10
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Act No. of
Part 2 Gaming Control Act 1993 Amended s. 11
Penalty: Fine not exceeding 10 000
penalty units.
(b) by inserting the following subsection
after subsection (8):
(9) In this section
"freeze", a wagering account,
means to deny the account
holder's access to and use
of the account.
11. Section 76ZNC amended (Third-party exclusion
from wagering with licensed provider)
Section 76ZNC of the Principal Act is amended
as follows:
(a) by omitting subsection (7) and
substituting the following subsections:
(7) A licensed provider that receives
a copy of a TGL exclusion order
from the Commission must
immediately freeze the excluded
person's wagering account.
Penalty: Fine not exceeding 10 000
penalty units.
(7A) A licensed provider that freezes
an excluded person's wagering
account pursuant to
subsection (7) must immediately
11
Gaming Control Amendment Bill (No. 2) 2009
Act No. of
s. 11 Part 2 Gaming Control Act 1993 Amended
notify the Commission in writing
that it has done so.
Penalty: Fine not exceeding 10 000
penalty units.
(7B) On receiving a notification from a
licensed provider under
subsection (7A), the Commission
may give the licensed provider
such written instructions about
the relevant frozen wagering
account as it thinks fit and,
without limiting the
Commission's discretion, these
instructions may be to do one or
more of the following:
(a) deduct any authorised
commission or statutory
charge from the funds in
the frozen wagering
account;
(b) remit some or all of the
funds in the frozen
wagering account to the
excluded person
following the settlement
of any outstanding
wagers;
(c) unfreeze some or all of
the funds in the frozen
wagering account and
12
Gaming Control Amendment Bill (No. 2) 2009
Act No. of
Part 2 Gaming Control Act 1993 Amended s. 12
remit them to the
excluded person;
(d) have the excluded
person's accounts or
wagering history
independently audited.
(7C) A licensed provider must not fail
to comply with an instruction
under subsection (7B).
Penalty: Fine not exceeding 10 000
penalty units.
(b) by omitting "force." from paragraph (b)
of the definition of "affected person" in
subsection (9) and substituting "force;";
(c) by inserting the following definition after
the definition of "affected person" in
subsection (9):
"freeze", a wagering account, means
to deny the account holder's
access to and use of the account.
12. Section 76ZW substituted
Section 76ZW of the Principal Act is repealed
and the following section is substituted:
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Act No. of
s. 13 Part 2 Gaming Control Act 1993 Amended
76ZW. Prohibition on licensed provider self-
wagering
(1) A licensed provider must not, without the
written approval of the Commission,
wager with itself in a gaming activity in
respect of the licensed provider's gaming
business.
Penalty: Fine not exceeding 600 penalty
units.
(2) A licensed provider, in wagering with
itself in a gaming activity in respect of
the licensed provider's gaming business
pursuant to an approval of the kind
referred to in subsection (1), must not
contravene the conditions, if any, of that
approval.
Penalty: Fine not exceeding 600 penalty
units.
(3) In this section
"itself" includes, where the relevant
licensed provider is a natural
person, himself or herself.
13. Section 76ZZE repealed
Section 76ZZE of the Principal Act is repealed.
14
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Act No. of
Part 2 Gaming Control Act 1993 Amended s. 14
14. Section 76ZZIA inserted
After section 76ZZI of the Principal Act, the
following section is inserted in Division 11:
76ZZIA. Emergency approval of modification to
control system or gaming equipment
Notwithstanding sections 76ZZG and
76ZZI, the Commission may grant an
emergency approval to a modification of
any control system or gaming equipment
approved under those sections if it is
satisfied that the modification is (or, if
the modification has already been made,
was) necessary to ensure the integrity of
the control system or the gaming
equipment.
15. Section 76ZZN amended (Application for minor
gaming permit)
Section 76ZZN(2) of the Principal Act is
amended by omitting paragraph (e) and
substituting the following paragraph:
(e) be accompanied by the fee, if any,
prescribed by the regulations.
16. Section 76ZZQ substituted
Section 76ZZQ of the Principal Act is repealed
and the following section is substituted:
15
Gaming Control Amendment Bill (No. 2) 2009
Act No. of
s. 17 Part 2 Gaming Control Act 1993 Amended
76ZZQ. Period of minor gaming permit
Unless sooner cancelled or surrendered, a
minor gaming permit has effect for such
period, not exceeding 5 years, as the
Commission determines and specifies in
the permit.
17. Section 77V amended (Approval of certain
contracts by Commission)
Section 77V(4)(c) of the Principal Act is
amended by inserting "or gaming activities"
after "gaming".
18. Section 91 amended (The Commission's rules)
Section 91(1) of the Principal Act is amended by
inserting after paragraph (g) the following
paragraph:
(ga) access to cash in approved venues,
approved outlets and approved locations;
and
19. Part 5, Division 3: Heading amended
Division 3 of Part 5 of the Principal Act is
amended by omitting "Exclusion from gaming"
from the heading to that Division and
substituting "Exclusion from gaming or
wagering premises".
16
Gaming Control Amendment Bill (No. 2) 2009
Act No. of
Part 2 Gaming Control Act 1993 Amended s. 20
20. Section 112A amended (Interpretation of Division)
Section 112A of the Principal Act is amended by
omitting subsection (2).
21. Section 112G amended (Commissioner of Police
may order person to be excluded)
Section 112G of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "or gaming
activity" after "game";
(b) by inserting in subsection (3) "or gaming
activities" after "games".
22. Section 112I amended (List of excluded persons)
Section 112I of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "or gaming
activities" after "in games";
(b) by inserting in subsection (1) "or gaming
activities" after "such games";
(c) by inserting in subsection (3) "or gaming
activity" after "game";
(d) by omitting from subsection (5)(c)
"person." and substituting "person; or";
17
Gaming Control Amendment Bill (No. 2) 2009
Act No. of
s. 23 Part 2 Gaming Control Act 1993 Amended
(e) by inserting the following paragraphs
after paragraph (c) in subsection (5):
(d) an agent referred to in
section 76ZZ or an employee of
such an agent; or
(e) a gaming operator or an
employee of the gaming operator;
or
(f) a police officer.
23. Sections 112IA and 112IB inserted
After section 112I of the Principal Act, the
following sections are inserted in Division 3:
112IA. Commission to keep and disseminate lists of
excluded persons
(1) The Commission is to
(a) keep an up-to-date list of
excluded persons; and
(b) from time to time provide each
specified licence holder and each
gaming operator with a copy of
that list or those parts of that list
that are of relevance to the
specified licence holder or
gaming operator.
18
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Act No. of
Part 2 Gaming Control Act 1993 Amended s. 23
(2) A list kept or provided under
subsection (1) need not contain
photographs.
(3) In this section
"excluded person" means a person
(a) subject to a self-exclusion notice;
or
(b) subject to a section 112C
exclusion order; or
(c) named on a list provided to the
Commission pursuant to
section 112I(4)(b) as being
subject to a section 112E
exclusion order.
112IB. Direct marketing of gaming to excluded
persons prohibited
(1) A specified licence holder or gaming
operator must not directly promote
gaming or gaming activities to a person
if, at the relevant time, the person's name
appears on the list most recently
provided to the specified licence holder
or gaming operator under section 112IA.
Penalty: Fine not exceeding 1 000 penalty
units.
(2) For the purposes of subsection (1), a
specified licence holder or gaming
operator is taken to directly promote
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Gaming Control Amendment Bill (No. 2) 2009
Act No. of
s. 24 Part 2 Gaming Control Act 1993 Amended
gaming or gaming activities to a person
if
(a) the specified licence holder or
gaming operator provides
advertising material to that person
or engages in any other
promotional activity with regard
to that person; and
(b) the advertising material or
promotional activity could
reasonably be seen as an
enticement or inducement, to
engage in gaming or gaming
activities, specifically targeted at
that person.
24. Section 112J amended (Excluded persons not to
wager or enter gaming premises)
Section 112J of the Principal Act is amended as
follows:
(a) by inserting in subsection (2)(a) "or
gaming activity" after "game";
(b) by inserting in subsection (3) "or gaming
activity" after "game".
20
Gaming Control Amendment Bill (No. 2) 2009
Act No. of
Part 2 Gaming Control Act 1993 Amended s. 25
25. Section 112K amended (Removal of excluded
persons from gaming premises)
Section 112K of the Principal Act is amended as
follows:
(a) by inserting "or gaming activity" after
"game" in the definition of "gaming
premises" in subsection (1);
(b) by inserting in subsection (2)(b) "or
gaming activity" after "game";
(c) by inserting in subsection (3)(b) "or
gaming activity" after "game";
(d) by inserting in subsection (4)(a)(ii) "or
gaming activity" after "game".
26. Part 5, Division 4 inserted
After section 112K of the Principal Act, the
following Division is inserted in Part 5:
Division 4 Responsible gambling
112L. Commission to establish codes of practice
(1) The Commission is to establish, for
prescribed licence holders, codes of
practice on responsible gambling.
(2) Under subsection (1), different codes of
practice may, in the Commission's
discretion, be established for different
21
Gaming Control Amendment Bill (No. 2) 2009
Act No. of
s. 26 Part 2 Gaming Control Act 1993 Amended
prescribed licence holders or different
groups of prescribed licence holders.
(3) Despite subsection (1), the Commission
is not obliged to establish a code of
practice for every prescribed licence
holder.
(4) A code of practice may provide for any
relevant matter.
(5) A code of practice may provide for any
matter by adopting, either specifically or
by reference, and either wholly or in part
and with or without modification, any
external protocol
(a) whether as in force at a particular
time or as from time to time
amended; and
(b) whether published before, on or
after the commencement day.
(6) The Commission
(a) may from time to time amend a
code of practice; and
(b) must review each code of practice
at least once every 5 years after it
is established.
(7) On establishing or amending a code of
practice, the Commission is to
(a) notify the affected licensees
accordingly; and
22
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Act No. of
Part 2 Gaming Control Act 1993 Amended s. 26
(b) make a copy of the code or
amended code available to the
affected licensees; and
(c) publish the code or amended code
electronically and in such other
ways as it thinks fit; and
(d) make a copy of the code or
amended code freely available for
public inspection at its offices
during normal business hours.
(8) An affected licensee must ensure that a
code of practice or amended code of
practice is available for free public
inspection at
(a) each licensed premises of the
affected licensee; and
(b) each approved location of the
affected licensee; and
(c) if the affected licensee is a
totalizator operator, each
approved outlet of the affected
licensee.
Penalty: Fine not exceeding 25 penalty
units.
(9) The Commission, by notice to each
affected licensee, may revoke a code of
practice.
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Gaming Control Amendment Bill (No. 2) 2009
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s. 26 Part 2 Gaming Control Act 1993 Amended
(10) The revocation takes effect on such day
as is specified in the notice and cancels
the affected licensee's obligations under
subsection (8) in respect of the particular
code of practice.
(11) To avoid doubt, a prescribed licence
holder may be subject to more than one
code of practice at the same time.
(12) A code of practice is not
(a) a statutory rule for the purposes
of the Rules Publication Act
1953; or
(b) an instrument of a legislative
character for the purpose of the
Subordinate Legislation Act
1992.
(13) For the transitional purposes of this
section, the Commission's obligation
under subsection (1) may be discharged
progressively from the commencement
day.
(14) In this section
"affected licensee" means a
prescribed licence holder to
whom a code of practice under
this section applies (or, if the
code is prospective, will apply);
"commencement day" means the day
referred to in section 2(1) of the
24
Gaming Control Amendment Bill (No. 2) 2009
Act No. of
Part 2 Gaming Control Act 1993 Amended s. 26
Gaming Control Amendment Act
(No.2) 2009;
"external protocol" means a code,
guideline, rule, specification,
standard or other document that
(a) is published by a person
other than the
Commission; and
(b) has any relevance to
gaming or wagering;
"relevant matter" means any of the
following:
(a) advertising and
promotional practices,
like player loyalty
schemes and the offering
of inducements;
(b) access to cash in approved
venues, approved
locations or approved
outlets;
(c) the provision of food and
alcohol in restricted
gaming areas, approved
locations or approved
outlets;
(d) the provision of clocks in
restricted gaming areas,
25
Gaming Control Amendment Bill (No. 2) 2009
Act No. of
s. 27 Part 2 Gaming Control Act 1993 Amended
approved locations or
approved outlets;
(e) minimum lighting
standards in restricted
gaming areas, approved
locations or approved
outlets;
(f) the display of warning
and help signs in
restricted gaming areas,
approved locations or
approved outlets;
(g) the provision of
information to players on
rules and losing and
winning;
(h) staff training in
recognising and dealing
with persons who are
problem gamblers or at
risk of becoming so;
(i) any matter approved by
the Minister for the
purposes of this
definition.
27. Section 112P substituted
Section 112P of the Principal Act is repealed and
the following section is substituted:
26
Gaming Control Amendment Bill (No. 2) 2009
Act No. of
Part 2 Gaming Control Act 1993 Amended s. 28
112P. Commission may give directions
(1) The Commission may give a prescribed
licence holder a written direction relating
to the conduct of gaming or wagering.
(2) Without limiting the generality of
subsection (1), the direction may be to
adopt, vary, cease or refrain from any
practice in respect of gaming or
wagering.
(3) The direction is not to be repugnant to
the provisions of this Act or the
conditions of the relevant prescribed
licence.
(4) The direction takes effect on such day as
the Commission specifies in the direction
for that purpose.
(5) The prescribed licence holder must
comply with the direction.
(6) The Commission may at any time revoke
the direction.
28. Section 112S amended (Grounds for disciplinary
action)
Section 112S(1) of the Principal Act is amended
as follows:
(a) by inserting the following paragraph after
paragraph (da):
27
Gaming Control Amendment Bill (No. 2) 2009
Act No. of
s. 29 Part 2 Gaming Control Act 1993 Amended
(db) the prescribed licence holder has
failed to comply with a direction
under section 112P;
(b) by omitting from paragraph (i) "way."
and substituting "way;";
(c) by inserting the following paragraph after
paragraph (i):
(j) the prescribed licence holder has
contravened a code of practice,
established under section 112L,
applying to that prescribed
licence holder.
29. Section 112T amended (Disciplinary action)
Paragraph (f) of the definition of "disciplinary
action" in section 112T(1) of the Principal Act is
amended as follows:
(a) by inserting the following subparagraph
after subparagraph (ii):
(iia) 500 penalty units in the case of a
prescribed licence that is a
licensed premises gaming
licence; or
(b) by omitting from subparagraph (iii)
"licensed premises gaming licence, a".
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Gaming Control Amendment Bill (No. 2) 2009
Act No. of
Part 2 Gaming Control Act 1993 Amended s. 30
30. Section 112TA inserted
After section 112T of the Principal Act, the
following section is inserted in Division 6:
112TA. Liability to disciplinary action not
extinguished by loss of licence
A prescribed licence holder's liability to
disciplinary action under this Division
for any act or omission is not
extinguished by the subsequent
suspension, cancellation, surrender,
transfer or expiry of that prescribed
licence under another provision of this
Act and, for that purpose
(a) a reference in this section to a
"prescribed licence holder"
includes a former prescribed
licence holder; and
(b) the Commission's disciplinary
powers under this section are,
with necessary modification,
capable of being exercised in
respect of the acts or omissions of
any person in their capacity as a
former prescribed licence holder.
31. Section 117 amended (Offences by venue operators
in respect of minors)
Section 117 of the Principal Act is amended as
follows:
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Gaming Control Amendment Bill (No. 2) 2009
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s. 32 Part 2 Gaming Control Act 1993 Amended
(a) by omitting from the penalty under
subsection (1) "20" and substituting
"100";
(b) by omitting from the penalty under
subsection (2) "20" and substituting
"100";
(c) by omitting from the penalty under
subsection (3) "20" and substituting
"100".
32. Section 117A inserted
After section 117 of the Principal Act, the
following section is inserted in Part 6:
117A. Offence by special employees in respect of
minors
(1) This section applies to a person who is
(a) a special employee of a licensed
provider or venue operator; and
(b) performing duties in or in respect
of a restricted gaming area of that
licensed provider or venue
operator.
(2) The person must not allow a minor to
enter or remain in the restricted gaming
area.
Penalty: Fine not exceeding 50 penalty
units.
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Part 2 Gaming Control Act 1993 Amended s. 32
(3) It is a defence to a prosecution for an
offence under subsection (2) if the
defendant establishes that
(a) the minor was above the age of
14 years; and
(b) before the minor entered the
restricted gaming area or, as the
case may be, while the minor was
in the restricted gaming area,
acceptable proof of age for the
minor was produced to
(i) the licensed provider or
venue operator; or
(ii) the defendant; or
(iii) another special employee
of the licensed provider or
venue operator.
(4) It is also a defence to a prosecution for an
offence under subsection (2) if the
defendant establishes that the nature of
the relevant duties was such that, at the
relevant time, the defendant could not
reasonably have been expected to
(a) monitor the persons entering the
restricted gaming area or, as the
case may be, the persons in the
restricted gaming area; or
(b) exert any control over which
persons could enter or, as the case
31
Gaming Control Amendment Bill (No. 2) 2009
Act No. of
s. 33 Part 2 Gaming Control Act 1993 Amended
may be, remain in the restricted
gaming area.
33. Section 118A amended (Prohibition on facilitating
gaming by minor)
The penalty under section 118A(1) of the
Principal Act is amended by omitting "20" and
substituting "50".
34. Section 121 amended (Venue operators must erect
warning notices)
The penalty under section 121(3) of the Principal
Act is amended by omitting "40" and
substituting "100".
35. Section 125 amended (Functions of Commission)
Section 125 of the Principal Act is amended by
inserting after paragraph (e) the following
paragraph:
(ea) to foster responsible gambling and
minimise the harm from problem
gambling;
32
Gaming Control Amendment Bill (No. 2) 2009
Act No. of
Part 2 Gaming Control Act 1993 Amended s. 36
36. Section 148 amended (Licensed premises gaming
licence fee)
Section 148 of the Principal Act is amended by
omitting subsection (3) and substituting the
following subsection:
(3) If the holder of a licensed premises
gaming licence ceases to hold that
licence during the currency of the
licence, the Commission may refund to
that person an amount calculated in
accordance with the following formula:
where
"A" is the amount to be calculated;
"LF" is the licence fee paid in respect
of the 12-month period referred
to in subsection (1);
"D1" is the number of days in the 12-
month period in which the licence
is held;
"D2" is the number of days remaining
after the person ceased to hold the
licence in respect of the 12-month
period in which the licence is
surrendered.
33
Gaming Control Amendment Bill (No. 2) 2009
Act No. of
s. 37 Part 2 Gaming Control Act 1993 Amended
37. Section 148AB inserted
After section 148A of the Principal Act, the
following section is inserted in Division 2:
148AB. Fee to remain on Roll
(1) A person listed on the Roll must pay to
the Treasurer annual listing fees as
prescribed.
(2) If a person ceases for any reason to be
listed on the Roll, the Treasurer may give
that person a prescribed proportional
refund of the relevant annual listing fee.
38. Section 148B substituted
Section 148B of the Principal Act is repealed
and the following section is substituted:
148B. Minor gaming fees
A minor gaming operator must pay to the
Commission such fees as are prescribed
by the regulations.
39. Section 150B amended (Revenue sharing)
Section 150B of the Principal Act is amended by
omitting subsection (6).
34
Gaming Control Amendment Bill (No. 2) 2009
Act No. of
Part 2 Gaming Control Act 1993 Amended s. 40
40. Section 157 amended (Secrecy)
Section 157(7) of the Principal Act is amended
by omitting "in any other State or a Territory"
from the definition of "gaming regulation
agency" and substituting ", whether in this State
or elsewhere".
41. Section 172A inserted
After section 172 of the Principal Act, the
following section is inserted in Part 10:
172A. Infringement notices
(1) A police officer may issue and serve an
infringement notice on a person if he or
she reasonably believes that the person
has committed an infringement offence.
(2) An infringement notice may not be
served on a minor.
(3) An infringement notice
(a) is to be in accordance with
section 14 of the Monetary
Penalties Enforcement Act 2005;
and
(b) is not to relate to more than 3
offences.
(4) The regulations
35
Gaming Control Amendment Bill (No. 2) 2009
Act No. of
s. 41 Part 2 Gaming Control Act 1993 Amended
(a) may prescribe the penalty
applicable to each infringement
notice offence that is payable
under an infringement notice; and
(b) may prescribe different penalties
for bodies corporate and
individuals.
(5) In the application of the Monetary
Penalties Enforcement Act 2005 to an
infringement notice issued and served
under this section
(a) the police officer who issued and
served the infringement notice is
taken to be a public sector body
within the meaning of that Act;
and
(b) a penalty prescribed under
subsection (4) in respect of an
infringement notice is taken to be
the prescribed penalty applicable
to that offence for the purposes of
section 14(a)(ii) of that Act.
(6) In this section
"infringement offence" means an
offence against this Act or the
regulations that is prescribed by
the regulations to be an
infringement offence;
"minor" means a person who is under
the age of 18 years.
36
Gaming Control Amendment Bill (No. 2) 2009
Act No. of
Part 2 Gaming Control Act 1993 Amended s. 42
42. Schedule 5 amended (Further transitional and
savings provisions)
Schedule 5 to the Principal Act is amended as
follows:
(a) by omitting clauses 2 and 3 from Part 1;
(b) by omitting clauses 5 and 6 from Part 1;
(c) by omitting Part 2.
37
Gaming Control Amendment Bill (No. 2) 2009
Act No. of
s. 43 Part 3 Gaming Control Act 1993 Further Amended
PART 3 GAMING CONTROL ACT 1993 FURTHER
AMENDED
43. Principal Act
In this Part, the Gaming Control Act 1993* is
referred to as the Principal Act.
44. Section 112B amended (Self-exclusion from
wagering)
Section 112B of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) A person may give written notice
to a specified licence holder, a
prescribed special employee or
the Commission to the effect that
the person must not be permitted
to do either of the following:
(a) enter or be on premises
specified in the notice;
(b) engage in any gaming or
gaming activity in
premises specified in the
notice.
(b) by omitting subsection (1A);
*No. 94 of 1993
38
Gaming Control Amendment Bill (No. 2) 2009
Act No. of
Part 3 Gaming Control Act 1993 Further Amended s. 44
(c) by omitting from subsection (2) "under
subsection (1) or (1A)" and substituting
"under subsection (1)";
(d) by omitting from subsection (3)
"making" and substituting "giving";
(e) by omitting from subsection (4)
"making" twice occurring and
substituting "giving";
(f) by omitting from subsection (5)(a)
"making" and substituting "giving";
(g) by omitting from subsection (5)(b)
"making" and substituting "giving";
(h) by omitting from subsection (5)(c)
"made" and substituting "gave";
(i) by inserting the following subsections
after subsection (5):
(5A) A person who is subject to a self-
exclusion notice of the kind
referred to in subsection (1)(b)
must not enter a restricted gaming
area within the premises specified
in the notice.
Penalty: Fine not exceeding 20
penalty units.
(5B) A person who is subject to a self-
exclusion notice may, with the
written approval of the
Commission, amend that notice.
39
Gaming Control Amendment Bill (No. 2) 2009
Act No. of
s. 44 Part 3 Gaming Control Act 1993 Further Amended
(5C) Subsections (1), (1B), (2), (3), (4)
and (5) have the same application
to the amendment of the self-
exclusion notice as they have to
its giving.
(j) by omitting from subsection (6) "A
person" and substituting "Subject to
subsection (10), a person";
(k) by inserting the following subsections
after subsection (9):
(10) A self-exclusion notice is not
capable of being revoked within 6
months after it is given.
(11) A subsisting self-exclusion notice
continues in effect according to
its terms until it is
(a) by means of written
notice to the Commission,
revoked by the person
who is subject to it; or
(b) by instrument in writing,
revoked by the
Commission.
(12) The Commission's power of
revocation under
subsection (11)(b) may only be
exercised if the person who is
subject to the subsisting self-
exclusion notice has become
40
Gaming Control Amendment Bill (No. 2) 2009
Act No. of
Part 3 Gaming Control Act 1993 Further Amended s. 45
subject to a new self-exclusion
notice.
(13) In this section
"new self-exclusion notice"
means a self-exclusion
notice that takes effect
under this section on or
after the day on which
section 44 of the Gaming
Control Amendment Act
(No.2) 2009 commences;
"subsisting self-exclusion
notice" means a self-
exclusion notice in effect
under this section
immediately before the
day on which section 44
of the Gaming Control
Amendment Act (No.2)
2009 commences.
45. Section 112C amended (Exclusion from wagering
on application of interested person)
Section 112C of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "or gaming
activities" after "games";
41
Gaming Control Amendment Bill (No. 2) 2009
Act No. of
s. 45 Part 3 Gaming Control Act 1993 Further Amended
(b) by omitting paragraph (a) from
subsection (3) and substituting the
following paragraph:
(a) if the Commission is satisfied that
it is in the interests of that person
and the public interest to do so,
make an order prohibiting that
person from doing either of the
following:
(i) entering or being on
premises specified in the
order;
(ii) engaging in any gaming
or gaming activities on
premises specified in the
order.
(c) by omitting subsection (3A);
(d) by omitting subsection (6) and
substituting the following subsections:
(6) The Commission may amend a
section 112C exclusion order at
any time.
(7) Subsections (5) and (5A) have the
same application to the
amendment of a section 112C
exclusion order as they have to its
making.
(8) Where the Commission decides
to exercise its power under
42
Gaming Control Amendment Bill (No. 2) 2009
Act No. of
Part 3 Gaming Control Act 1993 Further Amended s. 46
subsection (6), the person who is
subject to the relevant section
112C exclusion order or the
person who applied for it may
apply to the Magistrates Court
(Administrative Appeals
Division) under the Magistrates
Court (Administrative Appeals
Division) Act 2001 for a review
of the decision.
(9) A person who is subject to a
section 112C exclusion order of
the kind referred to in
subsection (3)(a)(ii) must not
enter a restricted gaming area
within the premises specified in
the order.
Penalty: Fine not exceeding 20
penalty units.
(10) A section 112C exclusion order
continues in effect according to
its terms until it is, by instrument
in writing, revoked by the
Commission.
46. Section 112DA inserted
After section 112D of the Principal Act, the
following section is inserted in Division 3:
43
Gaming Control Amendment Bill (No. 2) 2009
Act No. of
s. 47 Part 3 Gaming Control Act 1993 Further Amended
112DA. Expiry of exclusion notices and orders
Unless sooner revoked
(a) a section 112B self-exclusion
notice expires 3 years after it
takes effect; and
(b) a section 112C exclusion order
expires 3 years after it is made;
and
(c) a section 112E exclusion order
expires 3 years after it is given.
47. Section 112E amended (Exclusion order by
specified licence holder)
Section 112E of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "one or
more" and substituting "either";
(b) by omitting paragraphs (a) and (b) from
subsection (1) and substituting the
following paragraphs:
(a) entering or being on premises of
the specified licence holder
specified in the order;
(b) engaging in any gaming or
gaming activity in premises of the
specified licence holder specified
in the order.
44
Gaming Control Amendment Bill (No. 2) 2009
Act No. of
Part 3 Gaming Control Act 1993 Further Amended s. 48
(c) by inserting in subsection (4)(b) "or
gaming activity" after "game";
(d) by inserting the following subsection
after subsection (4):
(5) A person who is given an order of
the kind referred to in
subsection (1)(b) must not enter a
restricted gaming area within the
premises specified in the order.
Penalty: Fine not exceeding 20
penalty units.
48. Section 112H amended (Duration of section 112E
exclusion orders)
Section 112H(1) of the Principal Act is amended
by omitting "A" and substituting "Subject to
section 112DA, a".
45
Gaming Control Amendment Bill (No. 2) 2009
Act No. of
s. 49 Part 4 Legislation repealed
PART 4 LEGISLATION REPEALED
49. Legislation repealed
The legislation specified in Schedule 1 is
repealed.
46
Gaming Control Amendment Bill (No. 2) 2009
Act No. of
sch. 1
SCHEDULE 1 LEGISLATION REPEALED
Section 49
Gaming Control Amendment Act 2007 (No. 70 of 2007)
Gaming Control Amendment Act 2009 (No. 9 of 2009)
Government Printer, Tasmania 47