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TASMANIA
__________
GAMING CONTROL AMENDMENT BILL
2003
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Part 2 substituted
PART 2 2003 Deed
6. Approval, execution and effect of 2003 Deed
7. Provisions of this Act to prevail over 2003 Deed
6. Section 13 amended (Granting of casino licence and
gaming operator's licence)
7. Section 22 amended (Action to be taken if licence
cancelled, &c.)
8. Section 28 amended (Determination of application)
9. Section 29A inserted
29A. New licence cannot take effect until former
licence expires
10. Section 76ZZM amended (Commission to act in
accordance with 2003 Deed and agreements between
Crown and licence holder)
11. Part 5, Division 1A inserted
Division 1A Limitations on gaming machine numbers
101A. Interpretation of Division
[Bill 38]-III
101B. Gaming machines: limit on overall numbers
101C. Gaming machines: limit on numbers allowed in
individual clubs and hotels
12. Section 146 amended (Casino licence fee)
13. Section 150 amended (Taxation in respect of licensed
operator)
14. Section 151 amended (Community support levy)
15. Section 152 repealed
16. Part 9, Division 2A inserted
Division 2A Gaming machine rental
153AA. Gaming machine rental
17. Schedule 1 substituted
Schedule 1 Deed
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GAMING CONTROL AMENDMENT BILL
2003
(Brought in by the Secretary to Cabinet, Steven Kons)
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:
Short title
1. This Act may be cited as the Gaming Control
Amendment Act 2003.
Commencement
2. This Act commences on the day on which it receives the
Royal Assent but if this Act does not receive the Royal
Assent until after 1 July 2003 it is taken to have
commenced on 1 July 2003.
Principal Act
3. 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 2003
Section 3 amended (Interpretation)
4. Section 3(1) of the Principal Act is amended as follows:
(a) by omitting the definition of "Deed" and
substituting the following definition:
"2003 Deed" means
(a) the Deed made on
18 March 2003 between The
Federal Hotels Pty Limited,
Australian National Hotels
Pty Limited, Tasmanian
Country Club-Casino
Proprietary Limited and the
Crown in right of the State
of Tasmania, a copy of which
is set out in Schedule 1; and
(b) any deed made as a
supplement to the Deed
referred to in paragraph (a);
(b) by omitting the definition of "existing licence".
Part 2 substituted
5. Part 2 of the Principal Act is repealed and the following
Part is substituted:
PART 2 2003 DEED
Approval, execution and effect of 2003 Deed
6. (1) The 2003 Deed is ratified and approved.
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2003 Gaming Control Amendment No. s. 6
(2) The provisions of the 2003 Deed have the
force of law as if those provisions were enacted by
this Act.
Provisions of this Act to prevail over 2003 Deed
7. If there is an inconsistency between a provision of
this Act and a provision of the 2003 Deed, the
provision of this Act prevails.
Section 13 amended (Granting of casino licence and
gaming operator's licence)
6. Section 13 of the Principal Act is amended as follows:
(a) by omitting subsections (1), (2) and (3) and
substituting the following subsections:
(1) In this section
"2003 commencement day" means the
day on which the Gaming Control
Amendment Act 2003 commences;
"existing casino licence" means a
casino licence in force immediately
before the 2003 commencement
day;
"existing gaming operator's licence"
means a gaming operator's licence
in force immediately before the
2003 commencement day.
(2) On the 2003 commencement day,
the Commission must
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s. 6 No. Gaming Control Amendment 2003
(a) grant to the holder of an existing
casino licence (or to a corporation
related to the holder of that
licence) a casino licence in respect
of the same premises or part of
premises for which the existing
casino licence was granted; and
(b) grant to the holder of an existing
gaming operator's licence (or to a
corporation related to the holder of
that licence) a gaming operator's
licence.
(3) After the 2003 commencement day,
the Commission may grant to the holder of an
existing casino licence (or to a corporation
related to the holder of that licence) a casino
licence in respect of any other premises or part
of premises.
(b) by omitting from subsection (4) "Deed" and
substituting "2003 Deed";
(c) by omitting subsection (5) and substituting the
following subsection:
(5) A licence granted under
subsection (2) or (3)
(a) is to be in accordance with the
2003 Deed; and
(b) may be made subject to such other
conditions, consistent with the
2003 Deed, as the Commission
thinks fit.
(d) by omitting subsection (6);
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2003 Gaming Control Amendment No. s. 7
(e) by omitting subsections (8) and (9) and
substituting the following subsections:
(8) As soon as a casino licence is granted
under subsection (2)(a), the existing casino
licence referred to in that subsection is
revoked.
(9) As soon as a gaming operator's
licence is granted under subsection (2)(b), the
existing gaming operator's licence referred to
in that subsection is revoked.
Section 22 amended (Action to be taken if licence
cancelled, &c.)
7. Section 22(1) of the Principal Act is amended as follows:
(a) by inserting "or is due to expire," after
"surrendered,";
(b) by omitting "the licence." and substituting "a
new licence of the same kind.".
Section 28 amended (Determination of application)
8. Section 28(1) of the Principal Act is amended by
omitting "The Commission" and substituting "Subject to
sections 29 and 29A, the Commission".
Section 29A inserted
9. After section 29 of the Principal Act, the following
section is inserted in Part 3:
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s. 10 No. Gaming Control Amendment 2003
New licence cannot take effect until former
licence expires
29A. If an application for a casino licence or gaming
operator's licence has been made because an existing
licence of that kind is due to expire, the new casino
licence or new gaming operator's licence is not
capable of taking effect until the existing licence has
actually expired.
Section 76ZZM amended (Commission to act in
accordance with 2003 Deed and agreements between
Crown and licence holder)
10. Section 76ZZM of the Principal Act is amended by
omitting "Deed" and substituting "2003 Deed".
Part 5, Division 1A inserted
11. After section 101 of the Principal Act, the following
Division is inserted in Part 5:
Division 1A Limitations on gaming machine
numbers
Interpretation of Division
101A. In this Division
"club" means a venue in respect of which both
of the following are in force:
(a) a club licence within the meaning
of the Liquor and Accommodation
Act 1990;
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2003 Gaming Control Amendment No. s. 11
(b) a licensed premises gaming
licence;
"2003 commencement day" means the day
on which the Gaming Control
Amendment Act 2003 commences;
"gaming machine" does not include a
gaming machine on a vessel owned or
operated by a company formed and
incorporated under section 5 of the TT-
Line Arrangements Act 1993;
"hotel" means a venue, other than a club, in
respect of which a licensed premises
gaming licence is in force.
Gaming machines: limit on overall numbers
101B. On and after the 2003 commencement day
(a) the maximum number of gaming
machines that may be installed in the
State at clubs and hotels is 2 500; and
(b) the maximum number of gaming
machines that may be installed in the
State at clubs, hotels and casinos is
3 680.
Gaming machines: limit on numbers allowed in
individual clubs and hotels
101C. On and after the 2003 commencement day
(a) the maximum number of gaming
machines that may be installed at any
one club is 40; and
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(b) the maximum number of gaming
machines that may be installed at any
one hotel is 30.
Section 146 amended (Casino licence fee)
12. Section 146 of the Principal Act is amended as follows:
(a) by omitting subsections (2) and (3) and
substituting the following subsections:
(2) Subject to subsection (3), the
monthly licence fee payable under
subsection (1) is
(a) for the financial year commencing
on 1 July 2003, $112 500.00; and
(b) for any subsequent financial year,
the monthly licence fee for the
previous financial year multiplied
by the relevant factor.
(3) A monthly licence fee calculated in
accordance with subsection (2) is to be rounded
to the nearest one hundred dollars, with fifty
dollars being rounded to the next one hundred
dollars.
(b) by omitting the definition of "changeover day"
from subsection (4);
(c) by omitting the definition of "nominated day"
from subsection (4).
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2003 Gaming Control Amendment No. s. 13
Section 150 amended (Taxation in respect of
licensed operator)
13. Section 150 of the Principal Act is amended as follows:
(a) by omitting subsections (2) and (3) and
substituting the following subsections:
(2) The tax payable under subsection (1)
in respect of the monthly gross profits derived
from games approved under section 103 is a
sum equivalent to 0.88% of those profits.
(2A) The tax payable under
subsection (1) in respect of the monthly gross
profits derived from keno is a sum equivalent
to 5.88% of those profits.
(3) Until 30 June 2013, the tax payable
under subsection (1) in respect of the monthly
gross profits derived from gaming machine
games is
(a) if the cumulative gross profits of
the licensed operator for that form
of gaming do not exceed
$35 000 000, a sum equivalent to
20.88% of the monthly gross
profits; or
(b) if the cumulative gross profits of
the licensed operator for that form
of gaming exceed $35 000 000, a
sum equivalent to the total of
(i) 20.88% of that part of the
monthly gross profits
derived during that part of
that month occurring before
the cumulative gross profits
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s. 14 No. Gaming Control Amendment 2003
so exceeded $35 000 000;
and
(ii) 25.88% of that part of the
monthly gross profits
derived during that part of
that month occurring when
and after the cumulative
gross profits so exceeded
$35 000 000.
(3A) On and from 1 July 2013, the tax
payable under subsection (1) in respect of the
monthly gross profits derived from gaming
machine games is a sum equivalent to 25.88%
of those profits.
(b) by omitting from subsection (4) "payable under
subsection (3)" and substituting "referred to in
subsection (3)".
Section 151 amended (Community support levy)
14. Section 151 of the Principal Act is amended as follows:
(a) by omitting subsections (1) and (2) and
substituting the following subsections:
(1) A gaming operator must, from the
gross profits derived from gaming machine
games in each month, pay to the Treasurer a
community support levy.
(2) The community support levy is a sum
equal to 4% of those monthly gross profits.
(b) by omitting from subsection (3) "A sum
payable under subsection (1)" and substituting
"A community support levy";
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2003 Gaming Control Amendment No. s. 15
(c) by omitting from subsection (3) "each" and
substituting "the";
(d) by omitting from subsection (4) "levy" and
substituting "community support levy".
Section 152 repealed
15. Section 152 of the Principal Act is repealed.
Part 9, Division 2A inserted
16. After section 153 of the Principal Act, the following
Division is inserted in Part 9:
Division 2A Gaming machine rental
Gaming machine rental
153AA. (1) In this section
"agreed" means agreed to by the Commission
and the Companies, after the
Commission has consulted
(a) in the case of hotels, the
Australian Hotels Association; and
(b) in the case of clubs, the Registered
Clubs Co-operative Society or such
other body, if any, as in the
reasonable opinion of the
Commission represents the
common interests of clubs in this
State;
"club" means a venue in respect of which both
of the following are in force:
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s. 17 No. Gaming Control Amendment 2003
(a) a club licence within the meaning
of the Liquor and Accommodation
Act 1990;
(b) a licensed premises gaming
licence;
"Companies" means the Companies within
the meaning of the 2003 Deed;
"hotel" means a venue, other than a club, in
respect of which a licensed premises
gaming licence is in force.
(2) Nothing in the 2003 Deed is to be taken as
preventing the Companies from charging a club or
hotel
(a) an agreed rental fee to cover the cost to
the Companies of supplying that club or
hotel with gaming machines; and
(b) an agreed maintenance fee to cover the
cost to the Companies of servicing and, if
necessary, repairing those gaming
machines.
Schedule 1 substituted
17. Schedule 1 to the Principal Act is repealed and the
following Schedule is substituted:
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2003 Gaming Control Amendment No. s. 17
SCHEDULE 1 DEED
Section 3
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Government Printer, Tasmania 35