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TASMANIA
__________
GAMING CONTROL AMENDMENT BILL 2009
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 4 amended (Meaning of "associate")
6. Section 76B amended (Offence to conduct gaming business
without endorsed Tasmanian gaming licence)
7. Section 76N amended (Form of gaming endorsement)
8. Section 76R amended (Endorsing Tasmanian gaming licence
with new gaming endorsement)
9. Section 76S amended (Authority of Tasmanian gaming licence
with sports betting endorsement)
10. Section 76T substituted
76T. Authority of Tasmanian gaming licence with race
wagering endorsement
11. Section 76V amended (Authority of Tasmanian gaming licence
with major lottery endorsement)
12. Sections 76VB and 76VC inserted
76VB. Authority of Tasmanian gaming licence with
totalizator endorsement
76VC. Authority of Tasmanian gaming licence with agent
endorsement
13. Section 76W amended (Authority of Tasmanian gaming licence
with prescribed endorsement)
[Bill 18]-II
14. Section 76Z amended (Period of Tasmanian gaming licence)
15. Section 76ZA amended (Tasmanian gaming licence not
transferable)
16. Section 76ZB substituted
76ZB. Variation of Tasmanian gaming licence, &c.
17. Section 76ZC amended (Renewal of Tasmanian gaming licence)
18. Section 76ZDB amended (Interpretation of Division)
19. Sections 76ZDH, 76ZDI, 76ZDJ and 76ZDK repealed
20. Section 76ZDL amended (Restrictions on brokered wagering)
21. Part 4A, Division 5A inserted
Division 5A Totalizator operations
Subdivision 1 Introductory
76ZEA. Application of Division
76ZEB. Interpretation of Division
Subdivision 2 Licensing arrangements
76ZEC. Special limitations
76ZED. Initial totalizator endorsement
76ZEE. Second totalizator endorsement
76ZEF. Special conditions
76ZEG. Authorised rates of totalizator commission
76ZEH. Totalizator dividends and their calculation
Subdivision 3 Licensing of employees
76ZEI. Certain employees to be issued with special
employee's licence
76ZEJ. Certain employees to be issued with technician's
licence
Subdivision 4 Totalizator gaming equipment and control
systems
76ZEK. Gaming equipment, &c., of initial totalizator
operator
76ZEL. Gaming equipment, &c., of second totalizator
operator
22. Part 4A, Division 7, Subdivision 1: Heading inserted
Subdivision 1 General protection
23. Section 76ZK amended (Self-limit on wagers by player)
24. Part 4A, Division 7, Subdivision 2 inserted
Subdivision 2 Exclusion
76ZNA. Interpretation
76ZNB. Self-exclusion from wagering with licensed provider
2
76ZNC. Third-party exclusion from wagering with licensed
provider
76ZND. Revocation of TGL exclusion orders
76ZNE. Licensed provider to keep register of excluded
persons
76ZNF. Restrictions on wagering with excluded persons
76ZNG. Transitional exemption for certain licensed providers
25. Section 76ZP amended (Remitting funds of inactive player)
26. Section 76ZR amended (Claims for prize)
27. Section 76ZRA inserted
76ZRA. Unclaimed winnings, &c.
28. Sections 76ZZ, 76ZZAAA and 76ZZAAB inserted
76ZZ. Totalizator Agencies (approved outlets)
76ZZAAA. Totalizator operator approved outlets
76ZZAAB. Commission oversight of approved outlets
29. Section 76ZZAA amended (Trading accounts)
30. Section 76ZZAB inserted
76ZZAB. Betting discounts
31. Section 76ZZC substituted
76ZZC. Prohibition on special employee wagering
32. Section 76ZZG amended (Approval of gaming equipment)
33. Section 76ZZI amended (Approval of control system)
34. Section 77J amended (Authority of foreign games permit)
35. Section 77V amended (Approval of certain contracts by
Commission)
36. Section 91 amended (The Commission's rules)
37. Section 92 amended (Rules to be displayed and enforced)
38. Section 99 substituted
99. Removal of certain persons
39. Section 100 amended (Detention of suspected persons)
40. Section 113 amended (Interpretation)
41. Section 125 amended (Functions of Commission)
42. Section 127A inserted
127A. Interpretation of Part
43. Section 130 amended (Entry onto premises)
3
44. Section 132 amended (Investigation of complaints)
45. Section 133 amended (Powers of inspectors)
46. Section 135 amended (Offences relating to inspectors)
47. Section 141 amended (Records to be kept on the premises)
48. Section 145 amended (Other returns by gaming operators)
49. Section 148A amended (Annual Tasmanian gaming licence fee)
50. Section 149 amended (Unclaimed winnings)
51. Section 150A amended (Taxation in respect of Tasmanian
gaming licence)
52. Section 150AC amended (Betting exchange product levy)
53. Section 150AD inserted
150AD. Totalizator wagering levy
54. Section 152 repealed
55. Section 153A amended (Gaming and wagering guarantee)
56. Section 174 amended (Regulations)
57. Schedule 5 amended (Further transitional and savings
provisions)
58. Legislation repealed
Schedule 1 Legislation repealed
4
GAMING CONTROL AMENDMENT BILL 2009
(Brought in by the Treasurer, the Honourable Michael
Anthony Aird)
A BILL FOR
An Act to amend the Gaming Control Act 1993 and repeal
the Racing (Totalizator Betting) Act 1952 and TOTE
Tasmania (Racing Regulation) Act 2004 and for related
purposes
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 Act 2009.
2. Commencement
This Act commences on a day to be proclaimed.
3. Principal Act
In this Act, the Gaming Control Act 1993* is
referred to as the Principal Act.
*No. 94 of 1993
THIS BILL IS COGNATE WITH THE TOTE TASMANIA (SALE) BILL 2009
[Bill 18] 5
Gaming Control Amendment Act 2009
Act No. of
s. 4
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 testing
facility":
"agent endorsement" means an
endorsement on a Tasmanian
gaming licence that authorises the
activities specified in
section 76VC;
(b) by omitting "situated in Tasmania and"
from the definition of "approved
location";
(c) by inserting the following definition after
the definition of "approved location":
"approved outlet" means premises
established and used for gaming
and wagering purposes pursuant
to section 76ZZ or 76ZZAAA;
(d) by omitting the definitions of "fail to
comply with", "fixed odds wagering
endorsement" and "fixed odds wagering
event";
(e) by omitting "fixed odds wagering event"
from paragraph (a) of the definition of
"gaming activity" and substituting "race
wagering event";
6
Gaming Control Amendment Act 2009
Act No. of
s. 4
(f) by omitting "activity);" from paragraph
(b) of the definition of "gaming activity"
and substituting "activity); and";
(g) by inserting the following paragraph after
paragraph (b) in the definition of
"gaming activity":
(c) the wagering in a contingency by
way of a totalizator (where the
totalizator is not conducted in
respect of a prohibited gaming
activity);
(h) by omitting paragraph (b) from the
definition of "gaming endorsement" and
substituting the following paragraph:
(b) a race wagering endorsement; and
(i) by inserting the following paragraphs
after paragraph (da) in the definition of
"gaming endorsement":
(db) a totalizator endorsement; and
(dc) an agent endorsement; and
(j) by omitting "contained in" from the
definition of "major lottery endorsement"
and substituting "on";
(k) by omitting the definition of "player" and
substituting the following definition:
"player" means a person who
(otherwise than as a licensed
provider or as the employee of a
7
Gaming Control Amendment Act 2009
Act No. of
s. 4
licensed provider in the course of
that employment)
(a) wagers on an approved
sports event, race
wagering event, major
lottery, pools, prescribed
event or simulated game;
or
(b) wagers, through a betting
exchange, on a brokered
wagering event; or
(c) wagers on a totalizator;
(l) by omitting the definition of "prescribed
endorsement" and substituting the
following definition:
"prescribed endorsement" means an
endorsement on a Tasmanian
gaming licence, being an
endorsement that is of a kind
prescribed in the regulations and
authorises the activities specified
in section 76W;
(m) by inserting the following definitions
after the definition of "public place":
"race wagering" means wagering on
a race wagering event or
contingency other than
(a) brokered wagering; or
8
Gaming Control Amendment Act 2009
Act No. of
s. 4
(b) totalizator wagering;
"race wagering endorsement" means
an endorsement contained in a
Tasmanian gaming licence that
authorises the activities specified
in section 76T;
"race wagering event" means a real
horse race, real harness race or
real greyhound race;
"racing club" means a racing club
within the meaning of the Racing
Regulation Act 2004;
(n) by omitting "contained in" from the
definition of "simulated gaming
endorsement" and substituting "on";
(o) by omitting "contained in" from the
definition of "sports betting
endorsement" and substituting "on";
(p) by inserting the following definitions
after the definition of "ticket":
"totalizator" means a system of
parimutuel betting, whether or
not conducted by means of an
instrument or contrivance known
as a totalizator, that enables
(a) persons to wager on
contingencies relating to a
race wagering event or
9
Gaming Control Amendment Act 2009
Act No. of
s. 5
approved sports event;
and
(b) the total amount so
wagered, less any
deductions authorised
under this Act, to be
divided among the
successful wagerers;
"totalizator endorsement" means an
endorsement on a Tasmanian
gaming licence that authorises the
activities specified in
section 76VB;
"totalizator operator" means the
holder of a Tasmanian gaming
licence with a totalizator
endorsement;
"totalizator wagering" means
wagering on a totalizator;
5. Section 4 amended (Meaning of "associate")
Section 4 of the Principal Act is amended by
inserting after subsection (2A) the following
subsection:
(2B) A person is not taken to be an associate
of a licensed provider by reason only of
being offered or given, by that licensed
provider, a discount, concession or rebate
on any wagering or gaming.
10
Gaming Control Amendment Act 2009
Act No. of
s. 6
6. Section 76B amended (Offence to conduct gaming
business without endorsed Tasmanian gaming
licence)
Section 76B(4) of the Principal Act is amended
by omitting paragraph (c).
7. Section 76N amended (Form of gaming
endorsement)
Section 76N(1) of the Principal Act is amended
by omitting "premises" and substituting
"approved location".
8. Section 76R amended (Endorsing Tasmanian
gaming licence with new gaming endorsement)
Section 76R(1)(b)(ii) of the Principal Act is
amended by omitting "contained in" and
substituting "on".
9. Section 76S amended (Authority of Tasmanian
gaming licence with sports betting endorsement)
Section 76S of the Principal Act is amended as
follows:
(a) by inserting the following paragraph
before paragraph (a):
(aa) to conduct sports betting;
11
Gaming Control Amendment Act 2009
Act No. of
s. 10
(b) by omitting from paragraph (b) "in
Tasmania".
10. Section 76T substituted
Section 76T of the Principal Act is repealed and
the following section is substituted:
76T. Authority of Tasmanian gaming licence with
race wagering endorsement
A Tasmanian gaming licence endorsed
with a race wagering endorsement
authorises the licensed provider, subject
to this Act and any conditions to which
the Tasmanian gaming licence is
subject
(a) to conduct race wagering; and
(b) to accept wagers on race
wagering events by way of a
telecommunications device
situated in an approved location;
and
(c) to accept wagers on race
wagering events from persons
who are physically present at an
approved location; and
(d) to do all things necessarily
incidental to carrying on the
activities referred to in
paragraphs (a), (b) and (c).
12
Gaming Control Amendment Act 2009
Act No. of
s. 11
11. Section 76V amended (Authority of Tasmanian
gaming licence with major lottery endorsement)
Section 76V(f) of the Principal Act is amended
by omitting "paragraphs (a), (b), (c) and (d)" and
substituting "paragraphs (a), (b), (c), (d) and
(e)".
12. Sections 76VB and 76VC inserted
After section 76VA of the Principal Act, the
following sections are inserted in Division 4:
76VB. Authority of Tasmanian gaming licence with
totalizator endorsement
A Tasmanian gaming licence endorsed
with a totalizator endorsement authorises
the licensed provider, subject to this Act
and any conditions to which the
Tasmanian gaming licence is subject,
to
(a) conduct totalizators in respect of
race wagering events and
approved sports events; and
(b) to accept totalizator wagers by
way of a telecommunications
device situated in an approved
location; and
(c) to accept totalizator wagers from
persons who are physically
present at an approved outlet; and
13
Gaming Control Amendment Act 2009
Act No. of
s. 12
(d) to do all things necessarily
incidental to carrying on the
activities referred to in
paragraphs (a), (b) and (c).
76VC. Authority of Tasmanian gaming licence with
agent endorsement
(1) A Tasmanian gaming licence endorsed
with an agent endorsement authorises the
licensed provider, subject to this Act and
any conditions to which the Tasmanian
gaming licence is subject, to
(a) enter into and participate in
arrangements with unrelated
gaming or wagering providers
under which the licensed provider
may
(i) provide electronic portals
to gaming or wagering
products of those
providers; and
(ii) accept wagers on behalf
of those providers; and
(iii) receive, in return, fees,
commissions or other
financial benefits; and
(b) do all things necessary or
convenient to execute any such
arrangement.
14
Gaming Control Amendment Act 2009
Act No. of
s. 12
(2) To avoid doubt, an agent endorsement
does not, of itself, authorise the holder of
the endorsement to conduct a gaming
activity.
(3) For the purposes of this section, a
gaming or wagering provider is taken to
be unrelated to a licensed provider if
(a) the gaming or wagering provider
is not based in Tasmania; and
(b) the gaming or wagering
provider
(i) is not, in the case of an
Australian company, a
related body corporate; or
(ii) would not, in the case of a
foreign company, be a
related body corporate if
the company were
incorporated under
Australian law.
(4) The Commission, by written notice, may
direct a licensed provider to terminate,
temporarily suspend or not enter into a
particular arrangement under an agent
endorsement if it considers on reasonable
grounds that the unrelated gaming or
wagering provider is not or might not be
a suitable person for the holder of a
Tasmanian gaming licence to be
associated with.
15
Gaming Control Amendment Act 2009
Act No. of
s. 13
(5) In issuing a direction, the Commission is,
as far as practicable, to mitigate the
potential contractual and other liabilities
of the licensed provider.
(6) Without prejudice to Division 6 of Part 5,
a failure to comply with a direction under
this section constitutes grounds for
disciplinary action under that Division in
relation to the relevant prescribed
licence.
(7) In this section
"Australian company" means a
company within the meaning of
the Corporations Act;
"foreign company" has the same
meaning as in the Corporations
Act;
"related body corporate" has the
same meaning as in the
Corporations Act.
13. Section 76W amended (Authority of Tasmanian
gaming licence with prescribed endorsement)
Section 76W of the Principal Act is amended as
follows:
(a) by omitting "A Tasmanian" and
substituting "(1) A Tasmanian";
(b) by inserting the following subsection:
16
Gaming Control Amendment Act 2009
Act No. of
s. 14
(2) A Tasmanian gaming licence
endorsed with a prescribed
endorsement does not authorise
the holder of the endorsement to
conduct any of the activities
authorised by a totalizator
endorsement.
14. Section 76Z amended (Period of Tasmanian gaming
licence)
Section 76Z of the Principal Act is amended by
omitting "A Tasmanian" and substituting
"Except as otherwise expressly provided by this
Act, a Tasmanian".
15. Section 76ZA amended (Tasmanian gaming licence
not transferable)
Section 76ZA of the Principal Act is amended by
omitting "A" and substituting "Except as
otherwise expressly provided by this Act, a".
16. Section 76ZB substituted
Section 76ZB of the Principal Act is repealed
and the following section is substituted:
76ZB. Variation of Tasmanian gaming licence, &c.
(1) The Commission may vary a Tasmanian
gaming licence at any time.
17
Gaming Control Amendment Act 2009
Act No. of
s. 16
(2) The variation may be effected
(a) on the Commission's own
motion, by notice to the licensed
provider; or
(b) consequent on an application
made by the licensed provider.
(3) An application for variation must
(a) be in a form approved by the
Commission; and
(b) specify the variation sought; and
(c) contain any information and be
accompanied by any documents
the Commission requires; and
(d) be accompanied by the prescribed
fee.
(4) The Commission, in its discretion, may
waive all or part of the prescribed fee.
(5) In the case of an application for
variation
(a) the Commission may undertake
such investigations as it considers
appropriate; and
(b) section 76G applies in respect of
those investigations; and
(c) the Commission, by written
notice to the licensed provider,
18
Gaming Control Amendment Act 2009
Act No. of
s. 16
may require the licensed provider
to pay the whole or any part of
the reasonable costs of the
Commission in investigating and
processing the application if those
costs exceed the prescribed fee.
(6) In the case of an application for
variation, the Commission may
(a) approve the application (with or
without modification); or
(b) refuse the application.
(7) If the Commission varies a Tasmanian
gaming licence it may do so by varying
the existing Tasmanian gaming licence or
by issuing a replacement Tasmanian
gaming licence.
(8) To avoid doubt, the Commission may
not, under this section, reduce or extend
the period that any Tasmanian gaming
licence is in effect.
(9) In this section
"vary", a Tasmanian gaming licence,
includes but is not limited to
doing any or any combination of
the following in respect of the
licence:
(a) adding a condition;
(b) omitting a condition;
19
Gaming Control Amendment Act 2009
Act No. of
s. 17
(c) altering a condition;
(d) altering the conditions of an
endorsement;
(e) correcting or updating names,
addresses, dates or other
particulars.
17. Section 76ZC amended (Renewal of Tasmanian
gaming licence)
Section 76ZC of the Principal Act is amended by
inserting after subsection (9) the following
subsection:
(10) The Commission is not entitled to refuse
to renew the Tasmanian gaming licence
endorsed with the second totalizator
endorsement unless satisfied that the
licensed provider
(a) is in breach of the licence or the
endorsement; or
(b) is not a suitable person to hold a
Tasmanian gaming licence or
gaming endorsement; or
(c) an associate of the licensed
provider is not a suitable person
to be an associate of a licensed
provider.
20
Gaming Control Amendment Act 2009
Act No. of
s. 18
18. Section 76ZDB amended (Interpretation of
Division)
Section 76ZDB of the Principal Act is amended
as follows:
(a) by omitting the definition of "betting
exchange exclusion order";
(b) by omitting the definition of "excluded
person".
19. Sections 76ZDH, 76ZDI, 76ZDJ and 76ZDK
repealed
Sections 76ZDH, 76ZDI, 76ZDJ and 76ZDK of
the Principal Act are repealed.
20. Section 76ZDL amended (Restrictions on brokered
wagering)
Section 76ZDL(c) of the Principal Act is
amended by inserting "within the meaning of
Subdivision 2 of division 7" after "persons".
21. Part 4A, Division 5A inserted
After section 76ZDM of the Principal Act, the
following Division is inserted in Part 4A:
21
Gaming Control Amendment Act 2009
Act No. of
s. 21
Division 5A Totalizator operations
Subdivision 1 Introductory
76ZEA. Application of Division
This Division applies to a Tasmanian
gaming licence with a totalizator
endorsement.
76ZEB. Interpretation of Division
In this Division
"initial totalizator endorsement"
means the totalizator
endorsement referred to in
section 76ZED(1);
"lead-in period" means
(a) in respect of the initial
totalizator endorsement,
the 12-month period
commencing on the
totalizator changeover
day; and
(b) in respect of the second
totalizator endorsement,
the 12-month period
commencing on the day
on which that
endorsement takes effect;
22
Gaming Control Amendment Act 2009
Act No. of
s. 21
"second totalizator endorsement"
means the first totalizator
endorsement placed on a
Tasmanian gaming licence after a
terminating event occurs;
"subsisting business agreement"
means a business agreement or
arrangement in force under
section 57EA, 57F or 57FA of the
Racing (Totalizator Betting) Act
1952 immediately before the
totalizator changeover day;
"terminating event" means a
terminating event within the
meaning of section 76ZED;
"totalizator changeover day" means
the day on which the Gaming
Control Amendment Act 2009
commences;
"wagering rules" means rules that a
licensed provider is required to
have in place pursuant to
section 76ZEF(c).
Subdivision 2 Licensing arrangements
76ZEC. Special limitations
(1) In exercising its powers under this Act,
the Commission is to ensure that no more
than one totalizator endorsement is in
effect at any given time.
23
Gaming Control Amendment Act 2009
Act No. of
s. 21
(2) If the Commission grants a totalizator
endorsement to any person in the
expectation that an existing totalizator
endorsement is for any reason ceasing to
have effect, the totalizator endorsement
so granted is not capable of taking effect
before the existing totalizator
endorsement actually ceases to have
effect.
(3) Subsections (1) and (2) cease to apply
(a) 15 years after a terminating event
occurs; or
(b) when the second totalizator
endorsement ceases, for any
reason, to have effect
whichever first occurs.
(4) The following conduct is authorised for
the purposes of the Trade Practices Act
1974 of the Commonwealth and the
Competition Policy Reform (Tasmania)
Act 1996:
(a) the grant of a Tasmanian gaming
licence with a totalizator
endorsement pursuant to
section 76I;
(b) the imposition of any
endorsement or condition on a
licence referred to in
paragraph (a);
24
Gaming Control Amendment Act 2009
Act No. of
s. 21
(c) any conduct authorised, required
or permitted by or under the
terms of a licence or endorsement
referred to in paragraph (a) or (b);
(d) the making or execution of any
proposed arrangement that, in the
opinion of the Minister, is
associated with or necessary or
convenient for giving effect to a
licence, endorsement or condition
referred to in this section.
76ZED. Initial totalizator endorsement
(1) On the totalizator changeover day, TOTE
Tasmania is, without further authority
than this section, taken to have been
granted a Tasmanian gaming licence
(referred to in this section as "the
transitional licence") with the following
endorsements:
(a) a totalizator endorsement;
(b) an agent endorsement;
(c) a race wagering endorsement;
(d) a sports betting endorsement.
(2) Despite section 76ZA, TOTE Tasmania
may transfer the transitional licence at
any time if the transfer
25
Gaming Control Amendment Act 2009
Act No. of
s. 21
(a) is to a TOTE subsidiary that is,
within the meaning of the
Corporations Act, a wholly-
owned subsidiary of TOTE
Tasmania; and
(b) has the Minister's written
approval; and
(c) is effected on and in accordance
with the conditions, if any, of that
approval.
(3) Despite section 76Z, the transitional
licence (including the initial totalizator
endorsement and other endorsements)
continues in effect under and subject to
this Act only until a terminating event
occurs.
(4) The transitional licence
(a) authorises TOTE Tasmania,
while holding that licence, to
maintain and execute any
subsisting business agreement
until
(i) that agreement for any
reason ceases; or
(ii) TOTE Tasmania's
entitlements and
obligations under that
agreement are fully and
finally realised and
discharged; or
26
Gaming Control Amendment Act 2009
Act No. of
s. 21
(iii) a terminating event
occurs; and
(b) in so far as any subsisting
business agreement may
expressly or impliedly allow,
confers like authority on a TOTE
subsidiary to which the
transitional licence may be
transferred.
(5) However, subsection (4) has effect
subject to section 76VC(4).
(6) The holder of the transitional licence is
not, in respect of anything done under
that licence as regards the initial
totalizator endorsement, subject to
section 86 or Part 7 of the Racing
Regulation Act 2004.
(7) In this section
"terminating event", for the
transitional licence, means
(a) if TOTE Tasmania is
holding that licence, any
one of the following:
(i) the acquisition (by
any person other
than a TOTE
subsidiary) of all
of the shares in
TOTE Tasmania
consequent on a
27
Gaming Control Amendment Act 2009
Act No. of
s. 21
sale or transfer of
those shares;
(ii) the vesting (in any
person other than
a TOTE
subsidiary) of the
totalizator
wagering business
of TOTE
Tasmania
consequent on a
sale or transfer of
that business;
(iii) TOTE Tasmania
ceases to exist;
(iv) an event
prescribed by
regulations for this
paragraph; or
(b) if a TOTE subsidiary is
holding that licence
consequent on a transfer
pursuant to subsection (2),
any one of the following:
(i) the acquisition (by
any person other
than another
TOTE subsidiary)
of all of the shares
in TOTE
Tasmania or the
28
Gaming Control Amendment Act 2009
Act No. of
s. 21
TOTE subsidiary
consequent on a
sale or transfer of
those shares;
(ii) the vesting (in any
person other than
another TOTE
subsidiary) of the
totalizator
wagering business
of the TOTE
subsidiary
consequent on a
sale or transfer of
that business;
(iii) either TOTE
Tasmania or the
TOTE subsidiary
ceases to exist;
(iv) an event
prescribed by
regulations for this
paragraph;
"totalizator wagering business", of
TOTE Tasmania, means that part
of the business of TOTE
Tasmania authorised by the initial
totalizator endorsement;
"TOTE subsidiary" means a
subsidiary, within the meaning of
29
Gaming Control Amendment Act 2009
Act No. of
s. 21
the Corporations Act, of TOTE
Tasmania.
76ZEE. Second totalizator endorsement
(1) The Commission must not grant the
second totalizator endorsement to any
person except with the written approval
of the Treasurer.
(2) Despite section 76Z, a Tasmanian
gaming licence endorsed with the second
totalizator endorsement
(a) has effect for a period of 50 years
commencing on the day on which
the endorsement takes effect; and
(b) is, after that 50-year period,
renewable for a further period of
49 years under and in accordance
with section 76ZC.
(3) However, the following provisions apply
to a Tasmanian gaming licence endorsed
with the second totalizator endorsement:
(a) if the endorsement ceases for any
reason to have effect before the
nominal term of the licence
expires, the licence continues in
effect after that cessation (but
without the endorsement) only for
the remaining balance, if any, of
the nominal term;
30
Gaming Control Amendment Act 2009
Act No. of
s. 21
(b) if the endorsement ceases for any
reason to have effect after (or
precisely when) the nominal term
of the licence expires, the licence
continues in effect after that
cessation (but without the
endorsement) only for a period of
6 months.
(4) Nothing in subsection (3) limits the
operation of section 76ZC.
(5) The holder of a Tasmanian gaming
licence endorsed with the second
totalizator endorsement is not, in respect
of anything done under that licence as
regards that endorsement, subject to
section 86 or Part 7 of the Racing
Regulation Act 2004.
(6) In this section
"nominal term", of a Tasmanian
gaming licence endorsed with the
second totalizator endorsement,
means the 5-year period
commencing on the day on which
that licence takes effect.
76ZEF. Special conditions
A Tasmanian gaming licence with a
totalizator endorsement is, in addition to
any other conditions it may have, subject
to the following special conditions:
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Gaming Control Amendment Act 2009
Act No. of
s. 21
(a) the wagering funds of registered
players must not be disbursed or
otherwise dealt with except as
authorised under this Act or as
the Commission, by instrument in
writing, from time to time
authorises;
(b) for the purposes of paragraph (a),
an account used for the licensed
provider's totalizator operations
must
(i) not be used for any other
purposes; and
(ii) be maintained with an
authorised deposit-taking
institution that carries on
business in Australia, at a
branch or office of that
institution that is
physically located in
Tasmania; and
(iii) be independently audited
at least once every 12
months, and at such other
times as the Commission
may instruct;
(c) the licensed provider must have
in place rules for totalizator
wagering and ensure that players
can consult those rules
electronically;
32
Gaming Control Amendment Act 2009
Act No. of
s. 21
(d) the licensed provider must ensure
that the Commission is able to
inspect the wagering rules
electronically at any time;
(e) the Commission, in its discretion,
may, by means of an instruction,
disallow any wagering rules that
it considers to be
(i) oppressive or unfair; or
(ii) inadequate or incomplete;
or
(iii) misleading, inaccurate or
poorly drafted; or
(iv) unsatisfactory on other
grounds;
(f) the licensed provider must not
allow wagering under disallowed
wagering rules;
(g) the licensed provider must not
allow wagering in respect of a
contingency for which there are
no wagering rules;
(h) any wagering that occurs under
wagering rules before their
disallowance is to be settled as
the Commission, either generally
or in the specific case and
whether before or after the
settlement of wagering, instructs;
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Gaming Control Amendment Act 2009
Act No. of
s. 21
(i) the Commission, in its discretion,
may instruct the licensed provider
not to allow wagering on a
competition or event that the
Commission considers is not a fit
subject for totalizator wagering
and the licensed provider must
comply with that instruction;
(j) any wagering that occurs in
respect of wagering events before
their prohibition under
paragraph (i) is to be settled as
the Commission, either generally
or in the specific case and
whether before or after the
settlement of wagering, instructs;
(k) the licensed provider must not
allow wagering on contingencies
relating to
(i) competitions or events
held in Tasmania that are
unlawful; or
(ii) competitions or events
held elsewhere that
would, if they were to be
held in Tasmania, be
unlawful;
(l) subject to any prescribed
requirements or conditions, at the
request of a racing club the
licensed provider must conduct a
34
Gaming Control Amendment Act 2009
Act No. of
s. 21
totalizator on behalf of the racing
club at any meeting that
(i) is under the control of the
racing club; and
(ii) is a race meeting or
betting-only meeting
within the meaning of the
Racing Regulation Act
2004
but not beyond, in aggregate, a
total of 40 meetings in each
calendar year for all racing clubs.
76ZEG. Authorised rates of totalizator commission
(1) A totalizator operator is entitled to such
rates of commission in respect of
totalizator wagering as it determines, but
not exceeding such maximum rates of
commission as the Commission from
time to time authorises in writing.
(2) Authorisations under subsection (1)
may
(a) be of general application; and
(b) be of specific application, with
the result that different rates of
commission may apply in such
different circumstances as are
specified in the authorisations;
and
35
Gaming Control Amendment Act 2009
Act No. of
s. 21
(c) confer relevant discretions on the
licensed provider.
76ZEH. Totalizator dividends and their calculation
(1) A totalizator operator must, after
deducting commission from its total
receipts for any totalizator wagering
contingency
(a) declare the balance of those
receipts to be the amount
available for the payment of
dividends on that totalizator
wagering contingency; and
(b) pay that amount out as dividends
to the persons entitled to them.
(2) In calculating such a dividend
(a) a fraction of 10 cents less than 5
cents is to be disregarded; and
(b) a fraction of 10 cents equal to or
greater than 5 cents is to be taken
to be exactly 5 cents.
(3) Any amount that would, but for
subsection (2), be required to be included
in a totalizator wagering dividend may be
retained by the totalizator operator.
36
Gaming Control Amendment Act 2009
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s. 21
Subdivision 3 Licensing of employees
76ZEI. Certain employees to be issued with special
employee's licence
(1) This section applies to a person who is
employed by a totalizator operator during
the lead-in period to exercise or perform
a function (referred to in this section as
"the function") of a special employee for
the totalizator operator's wagering or
gaming operations.
(2) The Commission, as soon as practicable
after the commencement of the lead-in
period or, if applicable, after the person
is employed, is to issue the person with a
special employee's licence under
Division 3 of Part 4 authorising the
person to exercise or perform the
function.
(3) The special employee's licence remains
in force only until the end of the lead-in
period in which it is issued but, for the
avoidance of doubt, sections 56, 56A, 60,
64 and 65 apply to that licence.
(4) Until the Commission issues the special
employee's licence, the person is taken to
be the holder of a provisional special
employee's licence under Division 3 of
Part 4 authorising the person to exercise
or perform the function.
37
Gaming Control Amendment Act 2009
Act No. of
s. 21
(5) Expressions that are defined in
Division 3 of Part 4 and used in this
section have the same meaning in this
section as they have in that Division.
76ZEJ. Certain employees to be issued with
technician's licence
(1) This section applies to a person who is
employed by a totalizator operator during
the lead-in period to exercise or perform
a function of a technician (referred to in
this section as "the function") for the
totalizator operator's wagering or gaming
operations.
(2) The Commission, as soon as practicable
after the start of the lead-in period or, if
applicable, after the person is employed,
is to issue the person with a technician's
licence under Division 4 of Part 4
authorising the person to exercise or
perform the function.
(3) The technician's licence remains in force
only until the end of the lead-in period in
which it is issued but, for the avoidance
of doubt, sections 56, 56A, 60, 64 and 65
apply, with any necessary modification,
to that licence.
(4) Until the Commission issues the
technician's licence, the person is taken
to be the holder of a provisional
technician's licence under Division 4 of
38
Gaming Control Amendment Act 2009
Act No. of
s. 21
Part 4 authorising the person to exercise
or perform the function.
(5) Expressions that are defined in
Division 4 of Part 4 and used in this
section have the same meaning in this
section as they have in that Division.
Subdivision 4 Totalizator gaming equipment and control
systems
76ZEK. Gaming equipment, &c., of initial totalizator
operator
(1) Notwithstanding sections 76ZZG and
76ZZI, the initial totalizator endorsement
authorises the licensed provider to use
any existing gaming equipment or
control system in connection with the
activities authorised by the initial
totalizator endorsement for
(a) in the case of gaming equipment,
the period of 24 months
commencing on the totalizator
changeover day or such longer
period as may be prescribed
within those 24 months; and
(b) in the case of a control system,
the period of 6 months
commencing on the totalizator
changeover day or such longer
period as may be prescribed
within those 6 months.
39
Gaming Control Amendment Act 2009
Act No. of
s. 21
(2) To avoid doubt, the authority conferred
by subsection (1)
(a) applies only to TOTE Tasmania
or a TOTE subsidiary within the
meaning of section 76ZED; and
(b) is extinguished by a terminating
event.
(3) In this section
"existing", gaming equipment or
control system, means gaming
equipment or a control system
used by TOTE Tasmania at any
time in the 3-month period
immediately before the totalizator
changeover day.
76ZEL. Gaming equipment, &c., of second
totalizator operator
(1) Notwithstanding sections 76ZZG and
76ZZI, the second totalizator
endorsement authorises the licensed
provider to use any existing gaming
equipment or control system in
connection with the activities authorised
by the totalizator (or any other)
endorsement on the licence for
(a) in the case of gaming equipment,
the period of 12 months
commencing on the endorsement
40
Gaming Control Amendment Act 2009
Act No. of
s. 22
day or such longer period as may
be prescribed within those 12
months; and
(b) in the case of a control system,
the period of 6 months
commencing on endorsement day
or such longer period as may be
prescribed within those 6 months.
(2) In this section
"endorsement day" means the day on
which the second totalizator
endorsement takes effect;
"existing", gaming equipment or
control system, means gaming
equipment or a control system
used by the holder of the initial
totalizator endorsement or second
totalizator endorsement at any
time in the 3-month period
immediately before the
endorsement day.
22. Part 4A, Division 7, Subdivision 1: Heading inserted
Division 7 of Part 4A of the Principal Act is
amended by inserting the following heading
before section 76ZK:
41
Gaming Control Amendment Act 2009
Act No. of
s. 23
Subdivision 1 General protection
23. Section 76ZK amended (Self-limit on wagers by
player)
Section 76ZK of the Principal Act is amended by
inserting after subsection (7) the following
subsection:
(8) This section does not apply to
(a) the holder of the Tasmanian
gaming licence endorsed with the
initial totalizator endorsement,
within the meaning of
Division 5A, in respect of the 12-
month period immediately
following the day on which that
endorsement takes effect; or
(b) the holder of a Tasmanian
gaming licence endorsed with the
second totalizator endorsement,
within the meaning of
Division 5A, in respect of the 12-
month period immediately
following the day on which that
endorsement takes effect.
24. Part 4A, Division 7, Subdivision 2 inserted
After section 76ZN of the Principal Act, the
following Subdivision is inserted in Division 7:
42
Gaming Control Amendment Act 2009
Act No. of
s. 24
Subdivision 2 Exclusion
76ZNA. Interpretation
In this subdivision
"excluded person", in relation to a
licensed provider, means a
registered player who is excluded
from engaging in wagering
activities with or through the
licensed provider because of
(a) a TGL self-exclusion
notice; or
(b) a TGL exclusion order;
"wagering" includes gaming.
76ZNB. Self-exclusion from wagering with licensed
provider
(1) A registered player may, by written
notice to a licensed provider
(a) bar himself or herself from
wagering with or through the
licensed provider; or
(b) revoke such a bar.
(2) A notice under subsection (1)(a) is called
a "TGL self-exclusion notice" and a
notice under subsection (1)(b) is called a
"TGL self-exclusion revocation notice".
43
Gaming Control Amendment Act 2009
Act No. of
s. 24
(3) A TGL self-exclusion notice or TGL
self-exclusion revocation notice takes
effect when it is received by the licensed
provider.
(4) As soon as practicable (and in any event
no later than 3 days) after receiving a
TGL self-exclusion notice, a licensed
provider must
(a) remove the name of the person
who has given the notice from the
register kept under section 76ZU;
and
(b) ensure that all employees of the
licensed provider that engage in
customer contact in connection
with the wagering activities of the
licensed provider know of the
notice; and
(c) give written notice or a copy of
the notice to the Commission.
Penalty: Fine not exceeding 10 000
penalty units.
(5) A licensed provider that receives a TGL
self-exclusion notice must ensure that, as
soon as practicable after the
determination of any outstanding wagers
of the excluded person and the deduction
of authorised commission and statutory
charges
44
Gaming Control Amendment Act 2009
Act No. of
s. 24
(a) the excluded person's wagering
account, if any, is closed; and
(b) any wagering funds standing to
the credit of that account
immediately before its closure are
remitted to the excluded person.
Penalty: Fine not exceeding 10 000
penalty units.
(6) As soon as practicable after receiving a
TGL self-exclusion revocation notice, the
licensed provider is to
(a) restore the name of the person
who has given the notice to the
register kept under section 76ZU;
and
(b) ensure that all employees of the
licensed provider that engage in
customer contact in connection
with the wagering activities of the
licensed provider know of the
notice; and
(c) give written notice or a copy of
the notice to the Commission.
(7) Despite any other provision of this
section, a TGL self-exclusion notice is
not capable of being revoked within 6
months after it is given.
(8) For the avoidance of doubt, a reference
in this section to a written notice includes
45
Gaming Control Amendment Act 2009
Act No. of
s. 24
a reference to an email, fax or other form
of electronic notice.
76ZNC. Third-party exclusion from wagering with
licensed provider
(1) A person who has a close personal
interest in the welfare of another person
who engages in wagering with or through
a licensed provider may, in an approved
form, apply to the Commission for an
order to prohibit that other person from
engaging in that wagering.
(2) The Commission must, on receipt of the
application, provide the affected person
with a written notice
(a) informing the affected person of
the making of the application and
the reasons for it; and
(b) inviting the affected person to
make representations to the
Commission about the
application within the reasonable
time specified in the notice.
(3) After considering representations made
by the applicant and the affected person,
the Commission must
(a) if it is satisfied that it is in the
public interest and the interests of
the affected person to do so,
46
Gaming Control Amendment Act 2009
Act No. of
s. 24
make an order (called a "TGL
exclusion order") prohibiting the
affected person from wagering
with the licensed provider; or
(b) if it is not so satisfied, refuse the
application.
(4) The Commission must, if the application
is refused, notify the applicant and the
affected person in writing of that refusal
and the reasons for it.
(5) The Commission must, on making a TGL
exclusion order, provide a copy of it to
(a) the applicant; and
(b) the affected person; and
(c) the licensed provider.
(6) As soon as practicable (and in any event
no later than 3 days) after receiving a
copy of a TGL exclusion order from the
Commission, a licensed provider must
(a) ensure that all employees of the
licensed provider that engage in
customer contact in connection
with the licensed provider's
wagering activities know of the
order; and
(b) remove the affected person's
name from the register kept under
section 76ZU.
47
Gaming Control Amendment Act 2009
Act No. of
s. 24
Penalty: Fine not exceeding 10 000
penalty units.
(7) A licensed provider that receives a copy
of a TGL exclusion order from the
Commission must ensure that, as soon as
practicable after the determination of any
outstanding wagers of the affected person
and the deduction of authorised
commission and statutory charges
(a) the affected person's wagering
account, if any, is closed; and
(b) any wagering funds standing to
the credit of that account
immediately before its closure are
remitted to the affected person.
Penalty: Fine not exceeding 10 000
penalty units.
(8) A TGL exclusion order has effect until it
is revoked under section 76ZND.
(9) In this section
"affected person" means, according
to the context, the person in
respect of whom
(a) an application for a TGL
exclusion order is made; or
(b) a TGL exclusion order is made
and in force.
48
Gaming Control Amendment Act 2009
Act No. of
s. 24
76ZND. Revocation of TGL exclusion orders
(1) This section applies if a TGL exclusion
order is in force.
(2) The person who applied for the order or
the affected person may, in an approved
form, apply to the Commission to have it
revoked.
(3) The Commission must, on receipt of the
application, provide the respondent with
a written notice
(a) informing the respondent of the
making of the application and the
reasons for it; and
(b) inviting the respondent to make
representations to the
Commission about the
application within the reasonable
time specified in the notice.
(4) After considering representations made
by the applicant and the respondent, the
Commission must
(a) if it is satisfied that it is in the
public interest and the interests of
the affected person to do so,
make an order (called a
"revocation order") revoking the
TGL exclusion order; or
(b) if it is not so satisfied, refuse the
application.
49
Gaming Control Amendment Act 2009
Act No. of
s. 24
(5) The Commission must, if the application
is refused, notify the applicant and
respondent in writing of that refusal and
the reasons for it.
(6) The Commission must, on making a
revocation order, provide a copy of it to
(a) the applicant; and
(b) the respondent; and
(c) the licensed provider.
(7) In this section
"affected person" means the person
in respect of whom a TGL
exclusion order is in force;
"respondent", in relation to an
application for revocation under
subsection (2), means whichever
of the following persons was not
the applicant:
(a) the affected person;
(b) the person who applied
for the relevant TGL
exclusion order.
76ZNE. Licensed provider to keep register of
excluded persons
A licensed provider must
50
Gaming Control Amendment Act 2009
Act No. of
s. 24
(a) keep an up-to-date register of
excluded persons; and
(b) ensure that the Commission is
able to inspect that register
electronically at any time.
Penalty: Fine not exceeding 10 000
penalty units.
76ZNF. Restrictions on wagering with excluded
persons
A licensed provider must not
(a) accept a wager from an excluded
person; or
(b) cause or allow an employee of the
licensed provider to accept a
wager from an excluded person;
or
(c) solicit, by direct advertising,
direct inducements or other direct
means, excluded persons to
engage in wagering with the
licensed provider.
Penalty: In the case of
(a) a first offence, a fine not
exceeding 10 000 penalty
units; and
51
Gaming Control Amendment Act 2009
Act No. of
s. 25
(b) a subsequent offence, a
fine not exceeding 50 000
penalty units.
76ZNG. Transitional exemption for certain licensed
providers
This subdivision does not apply to
(a) the holder of a Tasmanian
gaming licence endorsed with the
initial totalizator endorsement,
within the meaning of
Division 5A, in respect of the 6-
month period immediately
following the day on which that
endorsement takes effect; or
(b) the holder of a Tasmanian
gaming licence endorsed with the
second totalizator endorsement,
within the meaning of
Division 5A, in respect of the 6-
month period immediately
following the day on which that
endorsement takes effect.
25. Section 76ZP amended (Remitting funds of inactive
player)
Section 76ZP of the Principal Act is amended by
omitting "wager" and substituting "activity".
52
Gaming Control Amendment Act 2009
Act No. of
s. 26
26. Section 76ZR amended (Claims for prize)
Section 76ZR of the Principal Act is amended by
inserting after subsection (5) the following
subsection:
(6) In this section
"prize" includes winnings.
27. Section 76ZRA inserted
After section 76ZR of the Principal Act, the
following section is inserted in Division 9:
76ZRA. Unclaimed winnings, &c.
(1) This section applies if any winnings in
respect of a gaming activity are not
claimed from the relevant licensed
provider within 6 months after the day on
which they become payable or claimable.
(2) The winnings are taken to be unclaimed
winnings of the licensed provider.
(3) The licensed provider must, on or before
the seventh day of each month
(a) pay to the Treasurer an amount
equal to the total amount of the
unclaimed winnings of the
licensed provider for the previous
month; or
53
Gaming Control Amendment Act 2009
Act No. of
s. 28
(b) if there were no unclaimed
winnings in the previous month,
give the Treasurer a declaration
in an approved form to that
effect.
(4) In this section
"approved form" means a form
approved by the Treasurer.
28. Sections 76ZZ, 76ZZAAA and 76ZZAAB inserted
After section 76ZY of the Principal Act, the
following sections are inserted in Division 10:
76ZZ. Totalizator Agencies (approved outlets)
(1) Subject to section 76ZZAAB, a
totalizator operator may establish an
agency in premises occupied by another
person (referred to in this section as "the
agent") at and through which players
may engage in gaming and wagering
with or through the totalizator operator
under its Tasmanian gaming licence.
(2) In respect of gaming and wagering
conducted at and through the approved
outlet
(a) the actions of the agent are taken
to be actions of the totalizator
operator; and
54
Gaming Control Amendment Act 2009
Act No. of
s. 28
(b) if any of those actions would
constitute a prescribed offence if
committed by the totalizator
operator, proceedings for the
prescribed offence may be
brought against the agent in the
same manner as if the agent were
the totalizator operator (whether
or not proceedings are brought
against the totalizator operator).
(3) Without limiting subsection (2)(a), if the
agent commits an offence under this Act
in respect of gaming or wagering
conducted at or through an agency
(a) the totalizator operator is also
taken to have committed the
offence; and
(b) proceedings for the offence may
be brought against the totalizator
operator (whether or not
proceedings are brought against
the agent).
(4) However, in proceedings brought against
the totalizator operator pursuant to
subsection (3), it is a defence if the
totalizator operator establishes that it
(a) issued written instructions and
took reasonable precautions to
ensure compliance with this Act;
and
55
Gaming Control Amendment Act 2009
Act No. of
s. 28
(b) did not know the offence had
been committed; and
(c) could not reasonably have
prevented the commission of the
offence.
(5) Any agreement that is repugnant to or
purports to oust or qualify the operation
of this section is, to that extent, void and
unenforceable.
(6) In this section
"prescribed offence" means an
offence under
(a) section 76ZM; or
(b) section 92; or
(c) Division 3 of Part 5; or
(d) section 118.
76ZZAAA. Totalizator operator approved outlets
A totalizator operator may establish any
premises occupied by the totalizator
operator as an outlet at and through
which players may engage in gaming and
wagering with or through the totalizator
operator under its Tasmanian gaming
licence.
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s. 28
76ZZAAB. Commission oversight of approved outlets
(1) A totalizator operator must give the
Commission
(a) at least 10 days' notice, in an
approved form, of intention to
establish or close an approved
outlet under section 76ZZ or
76ZZAAA; and
(b) notice, in an approved form,
within 3 clear days, if there is a
change in the occupation of any
premises used as an approved
outlet by the totalizator operator
under section 76ZZ.
(2) The Commission, by notice in writing,
may direct a totalizator operator
(a) not to establish a particular
approved outlet; or
(b) to take or ensure the taking of
specified remedial actions in
respect of a particular approved
outlet or persons at an approved
outlet; or
(c) to close a particular approved
outlet, either temporarily or
permanently.
(3) Without limiting its discretion, the
Commission may issue a direction under
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Gaming Control Amendment Act 2009
Act No. of
s. 29
this section if it considers on reasonable
grounds that
(a) the premises in question are, by
reason of their location, condition
or otherwise, not suitable for use
as an approved outlet; or
(b) in the case of section 76ZZ, the
occupier of the premises is or
may not be a suitable person to be
an agent; or
(c) prescribed circumstances apply.
(4) A direction under this section may
specify time limits in respect of an action
to be taken or a period of closure.
(5) Without prejudice to Division 6 of Part 5,
a failure to comply with a direction under
this section constitutes grounds for
disciplinary action under that Division in
relation to the relevant prescribed
licence.
(6) In this section
"approved form" means a form
approved by the Commission.
29. Section 76ZZAA amended (Trading accounts)
Section 76ZZAA of the Principal Act is
amended as follows:
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Gaming Control Amendment Act 2009
Act No. of
s. 30
(a) by omitting subparagraphs (ii) and (iii)
from paragraph (a) of the definition of
"trading account" in subsection (1) and
substituting the following subparagraphs:
(ii) a race wagering endorsement;
(iii) a sports betting endorsement;
(iv) a totalizator endorsement; and
(b) by omitting from subsection (6) "fixed
odds wagering endorsement or sports
betting endorsement" and substituting
"race wagering endorsement, sports
betting endorsement or totalizator
endorsement".
30. Section 76ZZAB inserted
After section 76ZZAA of the Principal Act, the
following section is inserted in Division 10:
76ZZAB. Betting discounts
(1) A licensed provider is entitled to give
registered players such betting discounts
as the licensed provider from time to
time determines.
(2) In this section
"betting" includes wagering and
gaming;
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Gaming Control Amendment Act 2009
Act No. of
s. 31
"discount" includes concession and
rebate.
31. Section 76ZZC substituted
Section 76ZZC of the Principal Act is repealed
and the following section is substituted:
76ZZC. Prohibition on special employee wagering
(1) A special employee of a licensed
provider must not, while on duty as such
special employee, wager in a gaming
activity provided by the employee's
employer under the authority of a
Tasmanian gaming licence otherwise
than by accepting wagers in the course of
his or her duties as an employee of the
provider.
Penalty: Fine not exceeding 240 penalty
units.
(2) To avoid doubt, a special employee who
is taking an authorised meal break or rest
period is taken to be still on duty for the
purposes of this section.
32. Section 76ZZG amended (Approval of gaming
equipment)
Section 76ZZG of the Principal Act is amended
by inserting after subsection (8) the following
subsections:
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(9) The Commission may set general gaming
equipment standards for
(a) licensed providers generally; or
(b) any class of licensed providers.
(10) Any general gaming equipment standards
so set may provide for any matter by
adopting or incorporating, either
specifically or by reference, and either
wholly or in part and with or without
modification, any code, standard,
guideline or specification relevant to
gaming equipment or its operation
(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 day on which
subsection (9) commences.
(11) The following provisions apply to the
setting of general gaming equipment
standards:
(a) the Commission is to give notice
of the setting of the standards in
the Gazette;
(b) the Commission is to publish the
standards electronically and in
such other ways as it thinks
necessary;
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(c) the notice is to specify when the
standards take effect and how
they have been published;
(d) the Commission is to ensure that
any licensed provider who wishes
to do so can obtain a free printed
copy of the standards.
(12) A notice under subsection (11) is not a
statutory rule for the purposes of the
Rules Publication Act 1953.
(13) A licensed provider must ensure that the
licensed provider's gaming equipment
complies with
(a) the general gaming equipment
standards, if any, set under
subsection (9)(a); and
(b) if any general gaming equipment
standards set under
subsection (9)(b) apply to the
licensed provider, those general
gaming equipment standards.
Penalty: Fine not exceeding 1 000 penalty
units.
(14) The Commission may revoke or from
time to time amend any general gaming
equipment standards, in which case
subsection (11) applies, with any
necessary modification, to the revocation
or amendment.
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33. Section 76ZZI amended (Approval of control
system)
Section 76ZZI of the Principal Act is amended
by inserting after subsection (2) the following
subsections:
(3) The Commission may set general control
system standards for
(a) licensed providers generally; or
(b) any class of licensed providers.
(4) Any general control system standards so
set may provide for any matter by
adopting or incorporating, either
specifically or by reference, and either
wholly or in part and with or without
modification, any code, standard,
guideline or specification relevant to a
control system or its operation
(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 day on which
subsection (3) commences.
(5) The following provisions apply to the
setting of general control system
standards:
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(a) the Commission is to give notice
of the setting of the standards in
the Gazette;
(b) the Commission is to publish the
standards electronically and in
such other ways as it thinks
necessary;
(c) the notice is to specify when the
standards take effect and how
they have been published;
(d) the Commission is to ensure that
any licensed provider who wishes
to do so can obtain a free printed
copy of the standards.
(6) A notice under subsection (5) is not a
statutory rule for the purposes of the
Rules Publication Act 1953.
(7) A licensed provider must ensure that the
licensed provider's control system
complies with
(a) the general control system
standards, if any, set under
subsection (3)(a); and
(b) if any general control system
standards set under
subsection (3)(b) apply to the
licensed provider, those general
control system standards.
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Penalty: Fine not exceeding 1 000 penalty
units.
(8) The Commission may revoke or from
time to time amend any general control
system standards, in which case
subsection (5) applies, with any
necessary modification, to the revocation
or amendment.
34. Section 77J amended (Authority of foreign games
permit)
Section 77J of the Principal Act is amended as
follows:
(a) by omitting "Subject" and substituting
"(1) Subject";
(b) by inserting the following subsection:
(2) A foreign games permit does not
allow the holder of the permit to
conduct the activities authorised
by a Tasmanian gaming licence.
35. Section 77V amended (Approval of certain
contracts by Commission)
Section 77V of the Principal Act is amended as
follows:
(a) by omitting "Roll;" from paragraph (b) of
the definition of "relevant contract" in
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subsection (1) and substituting "Roll;
and";
(b) by inserting the following paragraph after
paragraph (b) in the definition of
"relevant contract" in subsection (1):
(c) a contract between a totalizator
operator and another person
under section 76ZZ;
(c) by inserting the following subsection
after subsection (4):
(5) Subsection (2) in its application
to relevant contracts of the kind
referred to in paragraph (c) of the
definition of "relevant contract"
in subsection (1), applies only to
contracts entered into after the
commencement of the Gaming
Control Amendment Act 2009.
36. Section 91 amended (The Commission's rules)
Section 91 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "in
licensed premises in respect of which a
licensed premises gaming licence is in
force" and substituting "or gaming
activities";
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(b) by omitting from subsection (1)(a)
"restricted gaming areas" and
substituting "gaming or wagering areas";
(c) by omitting from subsection (1)(b)
"restricted gaming" and substituting
"gaming or wagering";
(d) by omitting from subsection (1)(c)
"restricted gaming areas" and
substituting "gaming or wagering areas";
(e) by omitting from subsection (1)(d)
"licensed premises" and substituting
"premises used for gaming or wagering";
(f) by omitting from subsection (1)(e)
"licensed premises gaming operators"
and substituting "prescribed licence
holders";
(g) by omitting from subsection (1)(g)
"gaming on licensed premises" and
substituting "premises used for gaming
or wagering";
(h) by inserting in subsection (1)(h) "or
gaming activities" after "gaming";
(i) by omitting from subsection (2)
"licensed premises" and substituting
"licences";
(j) by omitting from subsection (4)
"licensed premises gaming operator" and
substituting "prescribed licence holder".
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37. Section 92 amended (Rules to be displayed and
enforced)
Section 92 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) A prescribed licence holder must
ensure that a copy of any rules
made by the Commission under
section 91, as from time to time
in force, is available for free
public inspection at
(a) each licensed premises;
and
(b) each approved location;
and
(c) if the prescribed licence
holder is a totalizator
operator, each approved
outlet.
Penalty: Fine not exceeding 25
penalty units.
(b) by omitting from subsection (2)
"licensed premises gaming operator" and
substituting "prescribed licence holder".
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38. Section 99 substituted
Section 99 of the Principal Act is repealed and
the following section is substituted:
99. Removal of certain persons
(1) A prescribed licence holder may remove
from, or refuse entry to, any facility any
person who
(a) breaches rules made by the
Commission under section 91; or
(b) damages or physically abuses a
gaming machine or equipment at
that facility; or
(c) behaves in a manner likely to
cause offence to other persons; or
(d) is suspected on reasonable
grounds of being in the facility
for the purpose of committing an
offence or aiding another person
to commit an offence against this
Act.
(2) A prescribed licence holder may use no
more force than is reasonably necessary
to remove a person under subsection (1).
(3) In this section
"facility" includes approved venue,
approved location and approved
outlet;
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"prescribed licence holder" includes
any agent of the prescribed
licence holder.
39. Section 100 amended (Detention of suspected
persons)
Section 100 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "an
approved venue or on the premises of
which the approved venue forms part"
and substituting "a facility";
(b) by omitting from subsection (1)
"approved venue" third occurring and
substituting "facility";
(c) by omitting subsection (2) and
substituting the following subsection:
(2) A prescribed licence holder who
suspects on reasonable grounds
that a person in any facility of the
prescribed licence holder is
contravening or attempting to
contravene section 252A or 264
of the Criminal Code or a
prescribed provision of this Act
or has contravened any such
section or provision may detain
the suspected person in a suitable
place in or near the facility until
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the arrival at the place of
detention of a police officer.
(d) by inserting the following subsection
after subsection (3):
(4) In this section
"facility" includes
(a) approved venue,
approved location
and approved
outlet; and
(b) premises of which
an approved
venue, approved
location or
approved outlet
forms a part;
"prescribed licence holder"
includes any agent of the
prescribed licence holder.
40. Section 113 amended (Interpretation)
Section 113 of the Principal Act is amended by
inserting after the definition of "acceptable proof
of age" the following definition:
"approved venue" includes approved
location and approved outlet;
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41. Section 125 amended (Functions of Commission)
Section 125 of the Principal Act is amended as
follows:
(a) by inserting in paragraph (a) "and
wagering" after "gaming";
(b) by omitting paragraph (b) and
substituting the following paragraph:
(b) to investigate, and make policy
recommendations to the Minister
on, matters relating to gaming
and other forms of wagering;
(c) by inserting in paragraph (c) "and other
forms of wagering" after "control of
gaming";
(d) by inserting in paragraph (c) "and other
wagering" after "management of
gaming";
(e) by inserting in paragraph (d) "or other
forms of wagering" after "gaming";
(f) by inserting in paragraph (e) "or other
forms of wagering" after "gaming".
42. Section 127A inserted
Before section 128 of the Principal Act, the
following section is inserted in Part 8:
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127A. Interpretation of Part
In this Part
"approved venue" includes approved
location and approved outlet.
43. Section 130 amended (Entry onto premises)
The definition of "prescribed premises" in
section 130(1) of the Principal Act is amended as
follows:
(a) by omitting paragraph (d) and
substituting the following paragraph:
(d) the approved location or an
approved outlet;
(b) by inserting in paragraph (i)(ii) "or
gaming activity" after "game".
44. Section 132 amended (Investigation of complaints)
Section 132 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(b) ",
other than a game conducted by a
licensed provider";
(b) by inserting the following subparagraph
after subparagraph (ii) in subsection
(2)(a):
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(iia) the licensed provider or licensed
provider's agent, or both;
45. Section 133 amended (Powers of inspectors)
Section 133 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1)(d)(iv) "or
agent of the licensed provider, or both"
after "provider";
(b) by omitting from subsection (1)(d)(viii)
"gaming or a game or sells in Tasmania a
ticket in a foreign game" and substituting
"gaming or wagering";
(c) by omitting "a game" from paragraph (b)
of the definition of "records" in
subsection (7) and substituting
"wagering".
46. Section 135 amended (Offences relating to
inspectors)
Section 135(4) of the Principal Act is amended
by omitting "a game is conducted, tickets in a
foreign game are sold or records are kept" from
paragraph (c) of the definition of "prescribed
premises" and substituting "wagering is
conducted".
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47. Section 141 amended (Records to be kept on the
premises)
Section 141 of the Principal Act is amended as
follows:
(a) by omitting subsection (1A) and
substituting the following subsection:
(1A) A licensed provider may, with the
written approval of the
Commission, keep all or any of
the records relating to the conduct
of gaming activities by the
licensed provider at a place other
than the licensed provider's
approved location.
(b) by omitting from subsection (1C)
"betting exchange operator" and
substituting "licensed provider";
(c) by omitting from subsection (1C)
"brokered wagering by the operator at a
place other than the approved location of
the operator" and substituting "gaming
activities by the licensed provider at a
place other than the licensed provider's
approved location";
(d) by omitting from subsection (1C)(a)
"approved location of the operator" and
substituting "licensed provider's
approved location".
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48. Section 145 amended (Other returns by gaming
operators)
Section 145(1)(a) of the Principal Act is
amended by omitting "section 77" and
substituting "section 77V".
49. Section 148A amended (Annual Tasmanian gaming
licence fee)
Section 148A of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)(b) "fixed
odds wagering endorsement" and
substituting "race wagering
endorsement";
(b) by inserting the following paragraphs
after paragraph (da) in subsection (2):
(db) if the Tasmanian gaming licence
is endorsed with a totalizator
endorsement 350 000 fee units;
or
(dc) if the Tasmanian gaming licence
is endorsed with an agent
endorsement 5 000 fee units; or
(c) by omitting paragraph (f) from
subsection (2) and substituting the
following paragraphs:
(f) if the Tasmanian gaming licence
is endorsed with both a sports
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s. 49
betting endorsement and a race
wagering endorsement 200 000
fee units; or
(g) if, in any case other than that
provided for by paragraph (f), the
Tasmanian gaming licence is
endorsed with more than one of
the endorsements referred to in
paragraphs (a), (b), (c), (d), (da),
(db), (dc) and (e)
(i) the total of the amounts
specified in respect of
each endorsement
endorsed on the
Tasmanian gaming
licence; or
(ii) 450 000 fee units
whichever is lesser.
(d) by inserting the following subsections
after subsection (4):
(5) Notwithstanding subsections (1),
(2), (3) and (4), the holder of a
Tasmanian gaming licence
endorsed with the initial
totalizator endorsement or second
totalizator endorsement is not
(while that totalizator
endorsement is in effect) required
to make any payments to the
Treasurer under this section in
respect of that totalizator
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endorsement or any of the
following endorsements on the
licence:
(a) agent endorsement;
(b) race wagering
endorsement;
(c) sports betting
endorsement.
(6) In this section
"initial totalizator
endorsement" has the
same meaning as in
Division 5A of Part 4A;
"second totalizator
endorsement" has the
same meaning as in
Division 5A of Part 4A.
50. Section 149 amended (Unclaimed winnings)
Section 149 of the Principal Act is amended by
omitting subsections (3) and (4).
51. Section 150A amended (Taxation in respect of
Tasmanian gaming licence)
Section 150A of the Principal Act is amended as
follows:
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(a) by inserting in subsection (3) ", where
this section so provides," after "must";
(b) by omitting subsections (4) and (5).
52. Section 150AC amended (Betting exchange product
levy)
Section 150AC of the Principal Act is amended
by inserting after subsection (4) the following
subsection:
(4A) For the purpose of this section, the
amount of betting exchange commission
for any month is to be calculated as
prescribed by the regulations.
53. Section 150AD inserted
After section 150AC of the Principal Act, the
following section is inserted in Division 2:
150AD. Totalizator wagering levy
(1) The holder of a Tasmanian gaming
licence endorsed with a totalizator
endorsement must pay to the Treasurer a
wagering levy in the following manner:
(a) if the totalizator endorsement
takes effect on a day other than
1 July in any financial year, that
proportion of the whole wagering
levy specified in subsection (2)
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that relates to the proportion of
the financial year during which
the totalizator endorsement has
effect is to be paid within 3 days
after the totalizator endorsement
takes effect;
(b) the whole wagering levy
specified in subsection (2) in
respect of a complete financial
year during which the totalizator
endorsement is to have effect
under the term of the totalizator
endorsement is to be paid on the
first day of that financial year;
(c) if the term of the totalizator
endorsement will end on a day
other than 30 June in any
financial year, that proportion of
the whole wagering levy
specified in subsection (2) that
relates to the proportion of that
financial year during which the
totalizator endorsement has effect
is to be paid on the first day of
that financial year.
(2) Subject to subsection (1), the amount of
the wagering levy payable each financial
year the totalizator endorsement is in
force is 4.7 million fee units.
(3) If a totalizator endorsement is
surrendered, the Treasurer may give the
licensed provider a proportional refund
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s. 54
of the wagering levy determined by the
Treasurer.
54. Section 152 repealed
Section 152 of the Principal Act is repealed.
55. Section 153A amended (Gaming and wagering
guarantee)
Section 153A of the Principal Act is amended as
follows:
(a) by omitting paragraph (b) from the
definition of "guaranteeable
endorsement" in subsection (1) and
substituting the following paragraph:
(b) a race wagering endorsement; or
(b) by inserting the following subsection
after subsection (9):
(10) This section does not apply to the
holder of the initial totalizator
endorsement, within the meaning
of Division 5A of Part 4A, if and
for as long as it is
(a) a State-owned company
within the meaning of the
Government Business
Enterprises Act 1995; or
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(b) a wholly-owned
subsidiary, within the
meaning of the
Corporations Act, of such
a State-owned company.
56. Section 174 amended (Regulations)
Section 174 of the Principal Act is amended as
follows:
(a) by omitting subsection (2A);
(b) by inserting the following subsection
after subsection (6):
(7) If necessary to effect or further a
savings or transitional purpose, a
provision referred to in
subsection (5)
(a) need not be consistent
with this Act or, if
applicable, the amending
Act; and
(b) may confer exemptions
on persons from the
requirements of this Act
or the amending Act.
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57. Schedule 5 amended (Further transitional and
savings provisions)
Schedule 5 to the Principal Act is amended by
inserting after clause 9 in Part 2 the following
Part:
PART 3 TRANSITIONAL PROVISION CONSEQUENT ON GAMING
CONTROL AMENDMENT ACT 2009
10. Betting exchange operator taken to have
agent endorsement for existing
arrangements
(1) On the transition day, a Tasmanian
gaming licence with a betting exchange
endorsement is, without further authority
than this subclause, taken to have been
endorsed with an agent endorsement
authorising the licensed provider to
(a) maintain and continue to
participate in, under and subject
to this Act, any existing
arrangements of the licensed
provider; and
(b) continue to do all things
necessary or convenient to
execute any such arrangements,
including the use of approved
outlets.
(2) In this clause
"existing arrangements" means
arrangements of the kind referred
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to in section 76VC(1) in place
immediately before the transition
day;
"transition day" means the day on
which the Gaming Control
Amendment Act 2009
commences.
58. Legislation repealed
The legislation specified in Schedule 1 is
repealed and all Statutory Rules made under that
legislation are rescinded or revoked.
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sch. 1
SCHEDULE 1 LEGISLATION REPEALED
Section 58
Racing (Totalizator Betting) Act 1952 (No. 98 of 1952)
TOTE Tasmania (Racing Regulation) Act 2004 (No. 63 of
2004)
Government Printer, Tasmania 85