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TASMANIA
__________
GAMING CONTROL AMENDMENT
(MISCELLANEOUS AMENDMENTS) BILL 2005
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 5A amended (Gaming and related activities prohibited in
certain circumstances)
6. Section 5B inserted
5B. Proceeds of illegal game, &c., to be forfeited
7. Section 11 amended (Authority conferred by casino licence)
8. Section 12 amended (Authority conferred by gaming operator's
licence)
9. Section 36 amended (Application for licensed premises gaming
licence)
10. Section 43B amended (Renewal of licensed premises gaming
licence)
11. Section 51 amended (Application for special employee's licence)
12. Part 4, Division 5: Heading amended
13. Section 70 amended (Roll of Recognized Manufacturers,
Suppliers and Testers of Gaming Equipment)
14. Section 71 amended (Application to be listed on Roll)
[Bill 38]-IX
15. Section 76 amended (Payments, &c., to venue operator
unlawful)
16. Section 76ZZI amended (Approval of control system)
17. Section 78 substituted
78. Rectification order as precursor to disciplinary action
18. Section 112F amended (Appeal to Commission)
19. Section 112G amended (Commissioner of Police may order
person to be excluded)
20. Sections 112GA and 112GB inserted
112GA. Information not to be disclosed
112GB. Application for review by Magistrates Court
21. Section 112S amended (Grounds for disciplinary action)
22. Section 112T amended (Disciplinary action)
23. Section 133 amended (Powers of inspectors)
24. Section 135 amended (Offences relating to inspectors)
25. Section 142 amended (Audit)
26. Section 150A amended (Taxation in respect of Tasmanian
gaming licence)
27. Section 153A amended (Gaming and wagering guarantee)
28. Section 155 amended (Possession of gaming equipment)
29. Section 156 amended (Seizure and forfeiture of equipment)
30. Section 159 amended (Conflict of interest and duty)
31. Section 161 amended (Change in situation of licensee or person
listed on the Roll)
32. Section 162 amended (Destruction of finger prints, &c.)
33. Section 172 amended (Information gathering for law
enforcement purposes)
34. Section 174 amended (Regulations)
2
GAMING CONTROL AMENDMENT
(MISCELLANEOUS AMENDMENTS) BILL 2005
(Brought in by the Minister for Finance, the Honourable
James Glennister Cox)
A BILL FOR
An Act to amend the Gaming Control Act 1993
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:
1. Short title
This Act may be cited as the Gaming Control
Amendment (Miscellaneous Amendments) Act
2005.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Gaming Control Act 1993* is
referred to as the Principal Act.
*No. 94 of 1993
[Bill 38] 3
s. 4 No. Gaming Control Amendment (Miscellaneous 2005
Amendments)
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of "accredited
representative":
"accredited testing facility" means a
facility
(a) for the testing of gaming
equipment, games and
gaming machines; and
(b) the name of which
appears on the Roll;
(b) by omitting ", other than in conjunction
with the provision of meals" from
paragraph (a) of the definition of
"licensed premises";
(c) by omitting "Manufacturers and
Suppliers" from the definition of "Roll"
and substituting "Manufacturers,
Suppliers and Testers".
5. Section 5A amended (Gaming and related activities
prohibited in certain circumstances)
Section 5A(1) of the Principal Act is amended
by omitting the penalty and substituting the
following penalty:
Penalty: In the case of
4
2005 Gaming Control Amendment (Miscellaneous No. s. 6
Amendments)
(a) a first offence, a fine not
exceeding 600 penalty units; and
(b) a second or subsequent offence, a
fine not exceeding 1 000 penalty
units or imprisonment for a term
not exceeding 2 years, or both.
6. Section 5B inserted
After section 5A of the Principal Act, the
following section is inserted in Part 1A:
5B. Proceeds of illegal game, &c., to be forfeited
The proceeds from any gaming, game or
gaming activity that is not authorised by
or under this Act must be forfeited to, or
may be seized by, the Crown.
7. Section 11 amended (Authority conferred by casino
licence)
Section 11(1)(a) of the Principal Act is amended
as follows:
(a) by omitting "manufacturers and
suppliers" and substituting
"manufacturers, suppliers and testers";
(b) by inserting "and testing services" after
"equipment".
5
s. 8 No. Gaming Control Amendment (Miscellaneous 2005
Amendments)
8. Section 12 amended (Authority conferred by
gaming operator's licence)
Section 12(a) of the Principal Act is amended as
follows:
(a) by omitting "manufacturers and
suppliers" and substituting
"manufacturers, suppliers and testers";
(b) by inserting "and testing services" after
"equipment".
9. Section 36 amended (Application for licensed
premises gaming licence)
Section 36 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsection:
(1) A person may apply to the Commission
to be granted a licensed premises gaming
licence for licensed premises other than
premises that are
(a) contained within a restaurant; or
(b) otherwise part of a restaurant; or
(c) prescribed premises.
10. Section 43B amended (Renewal of licensed premises
gaming licence)
Section 43B of the Principal Act is amended by
inserting after subsection (4) the following
subsection:
6
2005 Gaming Control Amendment (Miscellaneous No. s. 11
Amendments)
(5) The Commission may refuse to renew a
licensed premises gaming licence if the
holder of the licence does not
(a) comply with a requirement
imposed under section 40 within
60 days of the requirement being
made; or
(b) if the Commission requires the
provision of further information
under that section, provide such
information within 60 days of the
further requirement being made.
11. Section 51 amended (Application for special
employee's licence)
Section 51(1)(c) of the Principal Act is amended
by inserting ", or an educational or training
institution approved by the Commission for the
purpose," after "employ the applicant".
12. Part 4, Division 5: Heading amended
Division 5 of Part 4 of the Principal Act is
amended by omitting "Manufacturers and
suppliers of gaming equipment" from the
heading to that Division and substituting
"Manufacturers, suppliers and testers of
gaming equipment".
7
s. 13 No. Gaming Control Amendment (Miscellaneous 2005
Amendments)
13. Section 70 amended (Roll of Recognized
Manufacturers, Suppliers and Testers of Gaming
Equipment)
Section 70 of the Principal Act is amended by
omitting "Manufacturers and Suppliers" and
substituting "Manufacturers, Suppliers and
Testers".
14. Section 71 amended (Application to be listed on
Roll)
Section 71 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsections:
(1) A person is to apply to the Commission
to be listed on the Roll if the person
(a) manufactures or supplies, or
intends to manufacture or supply,
gaming equipment for or to a
holder of a Tasmanian gaming
licence, a gaming operator, casino
operator or minor gaming
operator; or
(b) supplies or intends to supply
testing services to a holder of a
Tasmanian gaming licence, a
gaming operator, casino operator
or minor gaming operator.
(1A) If, immediately before the day on which
the Gaming Control Amendment
(Miscellaneous Amendments) Act 2005
commences, a person was supplying
testing services to a holder of a
8
2005 Gaming Control Amendment (Miscellaneous No. s. 15
Amendments)
Tasmanian gaming licence, a gaming
operator, casino operator or minor
gaming operator, the Commission must
on that day list that person on the Roll.
(1B) A listing on the Roll made under
subsection (1A) expires 12 months after
it is made unless the person so listed
applies for, and is granted, within that
period a listing on the Roll under this
Division.
(1C) If a listing on the Roll expires because of
the operation of subsection (1B), the
Commission must remove that listing
from the Roll.
15. Section 76 amended (Payments, &c., to venue
operator unlawful)
Section 76 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"manufacturer or supplier" twice
occurring and substituting
"manufacturer, supplier or tester";
(b) by omitting from subsection (2)
"manufacturer or supplier" twice
occurring and substituting
"manufacturer, supplier or tester".
9
s. 16 No. Gaming Control Amendment (Miscellaneous 2005
Amendments)
16. Section 76ZZI amended (Approval of control
system)
Section 76ZZI(1) of the Principal Act is
amended as follows:
(a) by omitting from paragraph (b)
"provider." and substituting "provider;
and";
(b) by inserting the following paragraph after
paragraph (b):
(c) approve an amendment to an
existing control system of a
licensed provider.
17. Section 78 substituted
Section 78 of the Principal Act is repealed and
the following section is substituted:
78. Rectification order as precursor to
disciplinary action
(1) Before taking disciplinary action against
a prescribed licence holder under
section 112T, the Commission may
direct the prescribed licence holder in
writing to take specified action within a
specified time to rectify the matter which
constitutes the grounds for the
disciplinary action concerned.
(2) If a prescribed licence holder referred to
in subsection (1) fails to take the
specified action within the specified
time, the Commission may take
10
2005 Gaming Control Amendment (Miscellaneous No. s. 18
Amendments)
disciplinary action in accordance with
section 112T.
18. Section 112F amended (Appeal to Commission)
Section 112F(1) of the Principal Act is amended
by inserting ", other than an order given on the
direction of the Commissioner of Police under
section 112G," after "exclusion order".
19. Section 112G amended (Commissioner of Police
may order person to be excluded)
Section 112G of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsection:
(1) Where the Commissioner of Police is of
the opinion that, in order to suppress
crime or disorderly conduct, it is
necessary or desirable to exclude a
person from premises on which wagering
with, or other participation in a game
conducted by, a specified licence holder
occurs, the Commissioner may direct the
licence holder to exclude the person from
those premises by giving the person or
causing the person to be given an
exclusion order under section 112E.
20. Sections 112GA and 112GB inserted
After section 112G of the Principal Act, the
following sections are inserted in Division 3:
11
s. 20 No. Gaming Control Amendment (Miscellaneous 2005
Amendments)
112GA. Information not to be disclosed
A person must not disclose to any person
who is not a member of the Police
Service any information on which the
opinion of the Commissioner of Police
under section 112G(1) is based.
Penalty: Fine not exceeding 5 000 penalty
units or imprisonment for a term
not exceeding 2 years, or both.
112GB. Application for review by Magistrates Court
(1) Within 28 days after receiving a written
exclusion order under section 112E,
given on the direction of the
Commissioner of Police under
section 112G, a person may apply to the
Magistrates Court (Administrative
Appeals Division) for a review of the
order.
(2) In determining an application for a
review of an exclusion order under
subsection (1), the Magistrates Court
(Administrative Appeals Division) may
(a) uphold the order; or
(b) revoke the order.
(3) In determining an application for a
review under subsection (1), the
Magistrates Court (Administrative
Appeals Division)
(a) is to ensure that it does not, in the
reasons for its decision or
otherwise, disclose any
12
2005 Gaming Control Amendment (Miscellaneous No. s. 21
Amendments)
information on which the opinion
of the Commissioner of Police
under section 112G(1) is based;
and
(b) in order to prevent the disclosure
of any such information, is to
receive evidence and hear
argument in the absence of the
public, the applicant for the
review and the applicant's
representative.
21. Section 112S amended (Grounds for disciplinary
action)
Section 112S of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (d) in subsection (1):
(da) the prescribed licence holder has
failed to take action as directed,
or within the time specified, by
the Commission under section 78;
(b) by inserting the following subsection
after subsection (1):
(1A) Each of the following is a ground
for disciplinary action against an
accredited testing facility,
manufacturer or supplier:
(a) any gaming machine,
game or gaming
equipment manufactured
13
s. 22 No. Gaming Control Amendment (Miscellaneous 2005
Amendments)
or supplied is, in the
opinion of the
Commission, unreliable
or otherwise
unsatisfactory;
(b) any testing of gaming
machines, games or
gaming equipment is, in
the opinion of the
Commission,
unsatisfactory.
22. Section 112T amended (Disciplinary action)
Section 112T(1) of the Principal Act is amended
by omitting "500" from paragraph (f)(ii) of the
definition of "disciplinary action" and
substituting "10 000".
23. Section 133 amended (Powers of inspectors)
Section 133(1)(d)(ii) of the Principal Act is
amended by omitting "manufacturer or supplier"
and substituting "manufacturer, supplier or
tester".
24. Section 135 amended (Offences relating to
inspectors)
Section 135(4) of the Principal Act is amended
by omitting "manufacturer or supplier" from
paragraph (b) of the definition of "prescribed
premises" and substituting "manufacturer,
supplier or tester".
14
2005 Gaming Control Amendment (Miscellaneous No. s. 25
Amendments)
25. Section 142 amended (Audit)
Section 142 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "or
licensed provider" after "the operator";
(b) by inserting in subsection (2) "or
licensed provider" after "operator";
(c) by inserting in subsection (3) "or
licensed provider" after "operator".
26. Section 150A amended (Taxation in respect of
Tasmanian gaming licence)
Section 150A(1) of the Principal Act is amended
as follows:
(a) by omitting "gross profits" second
occurring from the definition of
"cumulative gross profits" and
substituting "gaming revenue";
(b) by omitting "gross profits" second
occurring from the definition of
"monthly gross profits" and substituting
"gaming revenue".
27. Section 153A amended (Gaming and wagering
guarantee)
Section 153A of the Principal Act is amended by
inserting after subsection (8) the following
subsection:
15
s. 28 No. Gaming Control Amendment (Miscellaneous 2005
Amendments)
(9) Where a licence holder
(a) has gone into receivership; and
(b) owes money to the Commission
or has unpaid winnings to settle
the Commission may use the gaming and
wagering guarantee paid by the licence
holder in order to satisfy those debts.
28. Section 155 amended (Possession of gaming
equipment)
Section 155 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) A person who is not authorised under this
Act must not possess gaming equipment.
Penalty: Fine not exceeding 1 000 penalty
units.
29. Section 156 amended (Seizure and forfeiture of
equipment)
Section 156 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) A police officer or an inspector
may, without warrant, seize from
any person any equipment which
the police officer or inspector
16
2005 Gaming Control Amendment (Miscellaneous No. s. 30
Amendments)
reasonably suspects is gaming
equipment that the person is not
authorised under this Act to
possess.
(b) by omitting from subsection (3) "is not
authorized under this Act to be in the
approved venue" and substituting "the
person is not authorised under this Act to
possess";
(c) by omitting from subsection (5)
"authorized under this Act to be in the
approved venue" and substituting "that
the owner is authorised under this Act to
possess".
30. Section 159 amended (Conflict of interest and duty)
Section 159 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"manufacturer or supplier" twice
occurring and substituting
"manufacturer, supplier or tester";
(b) by omitting from subsection (2)
"manufacturer or supplier" and
substituting "manufacturer, supplier or
tester";
(c) by omitting from subsection (3)
"manufacturer or supplier" and
substituting "manufacturer, supplier or
tester";
17
s. 31 No. Gaming Control Amendment (Miscellaneous 2005
Amendments)
(d) by omitting from subsection (4)
"manufacturer or supplier" and
substituting "manufacturer, supplier or
tester";
(e) by omitting from subsection (6)
"manufacturer or supplier" and
substituting "manufacturer, supplier or
tester".
31. Section 161 amended (Change in situation of
licensee or person listed on the Roll)
Section 161(1) of the Principal Act is amended
by omitting "manufacturer or supplier" and
substituting "manufacturer, supplier or tester".
32. Section 162 amended (Destruction of finger prints,
&c.)
Section 162(2)(c) of the Principal Act is
amended by omitting "manufacturer or supplier"
and substituting "manufacturer, supplier or
tester".
33. Section 172 amended (Information gathering for
law enforcement purposes)
Section 172 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"manufacturer or supplier" twice
occurring and substituting
"manufacturer, supplier or tester";
18
2005 Gaming Control Amendment (Miscellaneous No. s. 34
Amendments)
(b) by omitting from subsection (3)(a)
"manufacturer or supplier" and
substituting "manufacturer, supplier or
tester";
(c) by omitting from subsection (4)
"manufacturer or supplier" and
substituting "manufacturer, supplier or
tester".
34. Section 174 amended (Regulations)
Section 174(2) of the Principal Act is amended
as follows:
(a) by omitting from paragraph (b)
"manufacturers and suppliers" and
substituting "manufacturers, suppliers
and testers";
(b) by omitting from paragraph (f)
"manufacturers and suppliers" and
substituting "manufacturers, suppliers
and testers".
Government Printer, Tasmania 19