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TASMANIA
__________
GAMING CONTROL AMENDMENT
(FOREIGN GAMES PERMIT) BILL (No. 2)
2002
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 76B amended (Offence to conduct gaming
business without endorsed Tasmanian gaming licence)
6. Section 76S amended (Authority of Tasmanian gaming
licence with sports betting endorsement)
7. Section 76U amended (Authority of Tasmanian gaming
licence with simulated gaming endorsement)
8. Section 76V amended (Authority of major lottery
endorsement)
9. Part 4C inserted
PART 4C Sale of Tickets in Foreign Games
Division 1 Preliminary
77. Interpretation of Part 4C
Division 2 Sale of tickets in foreign game
77A. Sale of tickets in foreign game restricted
Division 3 Application for, and determination of,
foreign games permit
77B. Application for foreign games permit
[Bill 53]-X
77C. Consideration of application
77D. Refund of application fee
77E. Excess costs of application
77F. Investigation of application
77G. Updating of application
77H. Determination of application
Division 4 Foreign games permit
77I. Issue of foreign games permit
77J. Authority of foreign games permit
77K. Foreign games permit subject to conditions
77L. When foreign games permit takes effect
77M. Period of foreign games permit
77N. Foreign games permit not transferable
77O. Amendment of foreign games permit and
conditions
77P. Renewal of foreign games permit
Division 5 End of foreign games permit
77Q. When foreign games permit ends
77R. Surrender of foreign games permit
77S. Continuation of foreign games permit after
death, &c.
Division 6 Accredited representatives
77T. When person becomes accredited representative
77U. Notification of cessation of position as accredited
representative
10. Section 77 substituted
77V. Approval of certain contracts by Commission
11. Part 5, Division 4 repealed
12. Section 112P amended (Commission may give directions)
13. Section 112T amended (Disciplinary action)
14. Section 118 amended (Prohibition on accepting wager of
minor)
15. Section 130 amended (Entry onto premises)
16. Section 131 amended (Functions of inspectors)
17. Section 132 amended (Investigation of complaints)
18. Section 133 amended (Powers of inspectors)
19. Section 134 amended (Search warrants)
20. Section 135 amended (Offences relating to inspectors)
2
21. Sections 150AF and 150AG inserted
150AF. Taxation in respect of foreign games permit
150AG. Set-off for goods and services tax in respect of
certain foreign games
22. Section 150B amended (Revenue sharing)
23. Schedule 5 amended (Further transitional and savings
provisions)
24. Substitutions
Schedule 1 Substitutions
3
4
GAMING CONTROL AMENDMENT
(FOREIGN GAMES PERMIT) BILL (No. 2)
2002
(Brought in by the Minister for Education, the Honourable
Paula Catherine Wriedt)
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 (Foreign Games Permit) Act 2002.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
Principal Act
3. In this Act, the Gaming Control Act 1993* is referred to
as the Principal Act.
*No. 94 of 1993
[Bill 53] 5
s. 4 No. Gaming Control Amendment (Foreign 2002
Games Permit) (No. 2)
Section 3 amended (Interpretation)
4. Section 3(1) of the Principal Act is amended as follows:
(a) by omitting the definition of "amend" and
substituting the following definitions:
"accredited representative" means a
person who is the accredited
representative of a foreign games
permit holder under Division 6 of
Part 4C;
"amend" means
(a) insert matter; and
(b) omit matter; and
(c) omit matter and substitute
other matter;
(b) by inserting "situated in Tasmania and" after
"premises" in the definition of "approved
location";
(c) by inserting the following definitions after the
definition of "fixed odds wagering event":
"foreign game" means
(a) a lottery or game (including
pools and a game that is
prescribed for the purposes
of the definition of "game" in
this section) that is the
subject of an application
under section 77B for a
foreign games permit; and
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2002 Gaming Control Amendment (Foreign No. s. 5
Games Permit) (No. 2)
(b) a lottery or game (including
pools and a game that is
prescribed for the purposes
of the definition of "game" in
this section) in which tickets
may be sold in Tasmania
under a foreign games
permit;
"foreign games permit" means a
foreign games permit granted and
in force under Part 4C;
"foreign games permit holder"
means the person who holds a
current foreign games permit;
(d) by inserting the following paragraph after
paragraph (h) in the definition of "prescribed
licence":
(ha) a foreign games permit; and
Section 76B amended (Offence to conduct gaming
business without endorsed Tasmanian gaming
licence)
5. Section 76B(4) of the Principal Act is amended by
omitting paragraph (d) and substituting the following
paragraph:
(d) the sale in Tasmania of tickets in a foreign
game under the authority of a foreign games
permit.
7
s. 6 No. Gaming Control Amendment (Foreign 2002
Games Permit) (No. 2)
Section 76S amended (Authority of Tasmanian
gaming licence with sports betting endorsement)
6. Section 76S(b) of the Principal Act is amended by
inserting "in Tasmania" after "events".
Section 76U amended (Authority of Tasmanian
gaming licence with simulated gaming
endorsement)
7. Section 76U(b) of the Principal Act is amended by
inserting "in Tasmania" after "provider".
Section 76V amended (Authority of major lottery
endorsement)
8. Section 76V of the Principal Act is amended as follows:
(a) by inserting in paragraph (b) "in Tasmania"
after "provider";
(b) by inserting in paragraph (c) "in Tasmania"
after "provider";
(c) by inserting in paragraph (d) "in Tasmania"
after "pools";
(d) by inserting in paragraph (e) "in Tasmania"
after "provider".
Part 4C inserted
9. After section 76ZZU of the Principal Act, the following
Part is inserted:
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2002 Gaming Control Amendment (Foreign No. s. 9
Games Permit) (No. 2)
PART 4C SALE OF TICKETS IN FOREIGN
GAMES
Division 1 Preliminary
Interpretation of Part 4C
77. In this Part
"application" means an application under
section 77B for a foreign games permit;
"game" includes pools and a game that is
prescribed for the purposes of the
definition of "game" in section 3(1).
Division 2 Sale of tickets in foreign game
Sale of tickets in foreign game restricted
77A. A person must not sell at or from premises
situated in Tasmania a ticket in a lottery, or game,
that is conducted elsewhere than in Tasmania
except where the sale of the ticket is authorised by a
foreign games permit.
Penalty: Fine not exceeding 300 penalty units.
Division 3 Application for, and determination
of, foreign games permit
Application for foreign games permit
77B. (1) A person may apply to the Commission for
a foreign games permit.
(2) An application must
(a) be in a form approved by the
Commission; and
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Games Permit) (No. 2)
(b) specify the type of lottery or game in
which tickets are intended to be sold in
Tasmania under the foreign games
permit if granted; and
(c) contain or be accompanied by the
information and documents required by
the Commission; and
(d) be accompanied by the application fee of
1 000 fee units.
Consideration of application
77C. (1) The Commission may refuse to process an
application for a foreign games permit if
(a) the applicant may not lawfully conduct
the foreign game in the State, Territory,
country or part of a country where the
foreign game is, or is intended to be,
conducted; or
(b) the Commission considers that an
agreement under section 150B with the
appropriate representative of the
Government of the State, Territory,
country or part of a country where the
foreign game is, or is intended to be,
conducted is necessary and the
Treasurer has not entered into such an
agreement; or
(c) the application does not comply with or
conform to any requirement specified in
section 77B(2).
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2002 Gaming Control Amendment (Foreign No. s. 9
Games Permit) (No. 2)
(2) Except as otherwise prescribed under
subsection (1), the Commission must process an
application for a foreign games permit.
Refund of application fee
77D. The Commission, at its discretion, may refund
a part not exceeding 80% of an application fee paid
under section 77B(2)
(a) if the Commission refuses to process the
application under section 77C(1); or
(b) if the application is withdrawn by the
applicant; or
(c) for any other reason the Commission
considers appropriate.
Excess costs of application
77E. (1) If the reasonable costs incurred by the
Commission in investigating and processing an
application for a foreign games permit exceed the
amount of the application fee paid under
section 77B(2), the Commission may require the
applicant to pay the whole or part of the excess
amount.
(2) A requirement under subsection (1) must
be made in writing provided to the applicant.
Investigation of application
77F. (1) In processing an application for a foreign
games permit, the Commission must carry out all
11
s. 9 No. Gaming Control Amendment (Foreign 2002
Games Permit) (No. 2)
investigations that it considers necessary and
appropriate.
(2) In an investigation, the Commission may
take all steps, and make all inquiries, that are
reasonable and appropriate.
(3) In an investigation, the Commission, by
written notice, may require an applicant for a
foreign games permit to do any one or more of the
following:
(a) to provide, in accordance with specified
directions, any specified information
that the Commission considers relevant
to the investigation of the application;
(b) to produce, in accordance with specified
directions, any specified records that the
Commission considers relevant to the
investigation of the application and to
permit examination of the records, the
taking of extracts from them and the
making of copies of them;
(c) to authorise a person described in the
notice to comply with a specified
requirement of the kind referred to in
paragraph (a) or (b);
(d) to provide to the Commission any
authorities and consents that the
Commission directs for the purpose of
enabling the Commission to obtain
information (including financial and
other confidential information)
concerning the person and the person's
associates from other persons.
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2002 Gaming Control Amendment (Foreign No. s. 9
Games Permit) (No. 2)
(4) In subsection (3), "specified" means
specified in the notice referred to in that subsection.
(5) If a requirement made under this section is
not complied with, the Commission may refuse to
continue with the investigation and may refuse to
process the application for the foreign games permit.
Updating of application
77G. (1) If a change occurs in the information
provided in or in connection with an application for a
foreign games permit (including in any documents
lodged with the application) before the application is
determined, the applicant must give the Commission
written particulars of the change as soon as is
reasonably practicable.
Penalty: Fine not exceeding 60 penalty units.
(2) When particulars of the change are given,
those particulars then form part of the original
application.
Determination of application
77H. (1) After completing its investigation in
respect of an application for a foreign games permit,
the Commission must determine the application by
either granting or refusing to grant the foreign
games permit.
(2) In determining whether to grant or refuse
to grant the foreign games permit, the Commission
may take into consideration any matter it considers
relevant.
13
s. 9 No. Gaming Control Amendment (Foreign 2002
Games Permit) (No. 2)
(3) The Commission must not grant a foreign
games permit if it is not satisfied that the applicant
may lawfully conduct the foreign game in the State,
Territory, country or part of a country where the
foreign game is, or is intended to be, conducted
under the authority of a licence, permit or other
authorisation held by the applicant and granted or
issued in, or in respect of, that State, Territory,
country or part of a country.
(4) The Commission must not grant a foreign
games permit if the applicant has not paid the
application fee required by section 77B(2) and any
costs the applicant has been required to pay under
section 77E.
(5) On determining an application, the
Commission must give written notice to the
applicant of its determination.
Division 4 Foreign games permit
Issue of foreign games permit
77I. On the grant of an application for a foreign
games permit, the Commission must issue to the
applicant a foreign games permit.
Authority of foreign games permit
77J. Subject to this Act and any conditions specified
in a foreign games permit, the foreign games permit
authorises
(a) the foreign games permit holder to sell
tickets in Tasmania in the foreign
games, or in foreign games of a class,
specified in the permit; and
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2002 Gaming Control Amendment (Foreign No. s. 9
Games Permit) (No. 2)
(b) those tickets to be sold in Tasmania
directly by the foreign games permit
holder or through an accredited
representative.
Foreign games permit subject to conditions
77K. (1) A foreign games permit is subject to any
conditions determined by the Commission and
specified in, or attached to, it.
(2) Without limiting the matters to which
conditions may relate, the conditions of a foreign
games permit may provide for or relate to
(a) limitations or restrictions on the foreign
games in which tickets may be sold in
Tasmania; and
(b) limitations or restrictions on the sale of
tickets in Tasmania; and
(c) the keeping of records by the foreign
games permit holder and its accredited
representatives and the inspection of
those records; and
(d) the duty of the foreign games permit
holder to advise the Commission of
(i) any contraventions of any law, or
of any licence or permit held by
the foreign games permit holder,
in respect of the conduct of the
foreign games; and
(ii) any variation of the foreign games
conducted by the foreign games
permit holder or their rules; and
15
s. 9 No. Gaming Control Amendment (Foreign 2002
Games Permit) (No. 2)
(iii) any other matter the Commission
considers appropriate; and
(e) the equipment used for the purposes of
selling tickets in foreign games in
Tasmania.
(3) The conditions specified in, or attached to,
a foreign games permit may adopt wholly or in part,
with or without modification and specifically or by
reference, any published code, standard or other
document, whether the code, standard or other
document is published before or after the
commencement of this section.
(4) A reference in subsection (3) to a code,
standard or other document is a reference to that
code, standard or other document as amended from
time to time.
(5) The conditions specified in, or attached to,
a foreign games permit form part of the permit.
When foreign games permit takes effect
77L. (1) A foreign games permit takes effect on the
day it is granted or on a later day determined by the
Commission and specified in it.
(2) If a foreign games permit specifies that it is
to take effect on a day other than the day the permit
is granted, the date on which the permit takes effect
may be specified by reference to
(a) a date; or
(b) the occurrence of an event; or
(c) the fulfilment of a condition; or
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2002 Gaming Control Amendment (Foreign No. s. 9
Games Permit) (No. 2)
(d) any other matter the Commission
considers appropriate.
Period of foreign games permit
77M. A foreign games permit has effect for the
period, not exceeding 5 years, specified in it.
Foreign games permit not transferable
77N. A foreign games permit is not transferable to
any other person.
Amendment of foreign games permit and
conditions
77O. (1) A foreign games permit holder may request
the Commission, by written notice
(a) to amend the foreign games permit by
(i) adding to, or removing from, the
permit a lottery or game, or a class
of lottery or game; or
(ii) amending a lottery or game, or a
class of lottery or game, specified
in the permit; or
(b) to amend the conditions to which the
foreign games permit is subject.
(2) On receipt of a request under
subsection (1) or at the Commission's own discretion,
the Commission by written notice provided to the
foreign games permit holder may
17
s. 9 No. Gaming Control Amendment (Foreign 2002
Games Permit) (No. 2)
(a) amend the foreign games permit in the
manner specified in that subsection; or
(b) amend the conditions to which the
foreign games permit is subject; or
(c) refuse to amend the foreign games
permit or the conditions to which the
foreign games permit is subject.
(3) If the Commission amends a foreign games
permit or the conditions to which a foreign games
permit is subject, it may do so by amending the
existing foreign games permit or by issuing a
replacement foreign games permit.
(4) Section 77F applies, with necessary
modification and adaptation, in respect of an
investigation under this section.
(5) The Commission, by notice in writing
provided to the foreign games permit holder, may
require the permit holder to pay the whole or any
part of the reasonable costs of the Commission in
investigating and processing a request made under
subsection (1).
Renewal of foreign games permit
77P. (1) A foreign games permit holder may, within
the period of 90 days before the expiration of the
current foreign games permit or such longer period
as is determined by the Commission, apply to the
Commission for the renewal of the permit.
(2) An application for renewal must
(a) be in a form approved by the
Commission; and
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2002 Gaming Control Amendment (Foreign No. s. 9
Games Permit) (No. 2)
(b) contain any information and be
accompanied by any documents the
Commission requires; and
(c) be accompanied by the application fee of
1 000 fee units.
(3) On receipt of an application for renewal,
the Commission may undertake any investigations it
considers appropriate.
(4) Sections 77C, 77D, 77E, 77F, 77G, 77H and
77I apply, with necessary modification and
adaptation, in respect of the investigation,
processing and determination of an application for
the renewal of a foreign games permit and the issue
of the renewed foreign games permit.
(5) The Commission may require an applicant
to pay the whole or any part of the reasonable costs
of the Commission in investigating and processing
the application.
(6) A requirement under subsection (5) must
be made in writing provided to the applicant.
(7) If an application for renewal of a current
foreign games permit is made in accordance with
this section but the Commission does not renew the
permit or refuse the renewal before the permit
expires, the current foreign games permit continues
in force until it is renewed or its renewal is refused.
(8) The renewal of a foreign games permit
takes effect from the day on which the current
foreign games permit was due to expire.
(9) If the Commission refuses to renew a
foreign games permit, the permit ceases to have
effect on the day specified in the refusal.
19
s. 9 No. Gaming Control Amendment (Foreign 2002
Games Permit) (No. 2)
Division 5 End of foreign games permit
When foreign games permit ends
77Q. (1) A foreign games permit ceases to have
effect
(a) at the end of the period for which the
permit has effect under section 77M; or
(b) when the permit is surrendered with the
agreement of the Commission; or
(c) if the permit is cancelled, on the day
specified in the notice of cancellation
provided to the holder of the foreign
games permit under section 112T(8); or
(d) 90 days after the day on which the
foreign games permit holder dies,
becomes bankrupt, takes or applies to
take the benefit of any law for the relief
of bankrupt or insolvent debtors,
compounds with creditors, makes an
assignment of remuneration for the
benefit of creditors, is affected by control
action or becomes mentally incapable of
conducting a gaming business in the
opinion of the Commission unless the
permit is continued under section 77S;
or
(e) if the permit is continued under
section 77S, at the end of the 6 month or
shorter period referred to in
section 77S(8).
(2) In subsection (1)(d), "control action"
means
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2002 Gaming Control Amendment (Foreign No. s. 9
Games Permit) (No. 2)
(a) control action under the Corporations
Act within the meaning of
section 112S(4); and
(b) any like action under a corresponding
law of another country or part of another
country.
Surrender of foreign games permit
77R. (1) A foreign games permit holder may
surrender the foreign games permit, by giving
written notice to the Commission, if the Commission
agrees to the surrender.
(2) If a foreign games permit is surrendered,
the person who held the permit must return it to the
Commission.
Continuation of foreign games permit after
death, &c.
77S. (1) Any of the following persons may apply to
the Commission to have their name entered as
substitute foreign games permit holder on a foreign
games permit:
(a) a person who is, or intends to become,
the legal personal representative of a
deceased foreign games permit holder;
(b) the guardian or administrator appointed
under the Guardianship and
Administration Act 1995 in respect of a
foreign games permit holder who is a
represented person, within the meaning
of that Act;
21
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Games Permit) (No. 2)
(c) the official receiver, trustee or assignee
of a foreign games permit holder who
becomes bankrupt or takes or applies to
take the benefit of any law for the relief
of bankrupt or insolvent debtors,
compounds with creditors or makes an
assignment of remuneration for the
benefit of creditors;
(d) a receiver and manager, an
administrator, an official liquidator or a
provisional liquidator who is appointed
in respect of a foreign games permit
holder that is a body corporate.
(2) An application must
(a) be in a form approved by the
Commission; and
(b) contain the information required by the
Commission; and
(c) be accompanied by the documents
required by the Commission; and
(d) be accompanied by any prescribed fee.
(3) The Commission, at its discretion, may
refund the whole or part of an application fee.
(4) Sections 77C, 77F and 77G apply in respect
of an application under this section.
(5) If
(a) the Commission is satisfied that
(i) the applicant is suitable to hold a
foreign games permit; and
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2002 Gaming Control Amendment (Foreign No. s. 9
Games Permit) (No. 2)
(ii) the applicant's associates are
suitable to be associated with a
foreign games permit holder; and
(b) the prescribed fee, if any, is paid
the Commission must enter the applicant's name as
substitute foreign games permit holder on the
foreign games permit accordingly.
(6) If a foreign games permit holder
(a) dies; or
(b) is affected by control action; or
(c) is bankrupt, has taken or applied to take
the benefit of any law for the relief of
bankrupt or insolvent debtors, has
compounded with creditors or made an
assignment of remuneration for the
benefit of creditors; or
(d) becomes a represented person, within
the meaning of the Guardianship and
Administration Act 1995, or becomes a
like person under a corresponding law of
another country or part of another
country; or
(e) is no longer suitable to hold the foreign
games permit
and no person applies under subsection (1) to have
their name entered as substitute foreign games
permit holder on the foreign games permit, the
Commission may so enter on the permit the name of
a person referred to in subsection (1) or any other
person nominated by such a person that the
Commission considers appropriate if the person
23
s. 9 No. Gaming Control Amendment (Foreign 2002
Games Permit) (No. 2)
whose name is to be so entered agrees to it in
writing provided to the Commission.
(7) In subsection (6)(b), "control action"
means
(a) control action under the Corporations
Act within the meaning of
section 112S(4); and
(b) any like action under a corresponding
law of another country or part of another
country.
(8) A person whose name is entered on a
foreign games permit as substitute foreign games
permit holder under subsection (5) or (6) is taken to
be the foreign games permit holder for the period of
6 months, or a shorter period specified by the
Commission, after the name is so entered.
(9) If the Commission enters a person's name
as substitute foreign games permit holder on a
foreign games permit, the person whose name was
on the permit as foreign games permit holder is no
longer the foreign games permit holder in respect of
that permit.
(10) If the Commission enters a person's name
as substitute foreign games permit holder on a
foreign games permit under subsection (5) or (6), it
may at the same time amend the permit and give
directions in respect of the conduct of business under
the permit.
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2002 Gaming Control Amendment (Foreign No. s. 9
Games Permit) (No. 2)
Division 6 Accredited representatives
When person becomes accredited
representative
77T. (1) If an applicant for a foreign games permit
notifies the Commission in writing before the
determination of the application that it has
appointed a person as an accredited representative
subject to being granted the foreign games permit,
that person becomes the accredited representative of
the foreign games permit holder when the foreign
games permit takes effect.
(2) If a foreign games permit holder appoints a
person as an accredited representative, that person
becomes the accredited representative of the permit
holder when the Commission receives written notice
of that appointment or on a later day specified in
that notice.
Notification of cessation of position as
accredited representative
77U. (1) A foreign games permit holder must notify
the Commission in writing of the termination of a
person's appointment as an accredited
representative within 7 days after that termination.
Penalty: Fine not exceeding 50 penalty units.
(2) An accredited representative ceases to be
an accredited representative when the Commission
receives notice under subsection (1) or on a later day
specified in that notice.
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s. 10 No. Gaming Control Amendment (Foreign 2002
Games Permit) (No. 2)
Section 77 substituted
10. Section 77 of the Principal Act is repealed and the
following section is substituted:
Approval of certain contracts by Commission
77V. (1) In this section
"contract" includes any kind of agreement or
arrangement;
"relevant contract" means
(a) a contract between a licensed
premises gaming operator and a
gaming operator; and
(b) a contract between a licensed
operator and a manufacturer or
supplier listed on the Roll;
"standard form contract" means
(a) a relevant contract that is in a
form which has been approved by
the Commission as a standard
form for a relevant contract; and
(b) a relevant contract that is
substantially the same as a
relevant contract that is in a form
which has been determined by the
Commission as a standard form
for a relevant contract.
(2) A relevant contract that is not a standard
form contract is of no effect unless it has been
approved by the Commission.
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2002 Gaming Control Amendment (Foreign No. s. 11
Games Permit) (No. 2)
(3) The Commission may exempt from the
operation of subsection (2) any particular relevant
contract and any relevant contract of a particular
class of relevant contracts.
(4) In determining a standard form for a
relevant contract or whether to grant an approval for
the purposes of subsection (2), the Commission must
not determine that standard form or give that
approval if, in its opinion, to do so would result in a
relevant contract that
(a) is harsh and unconscionable; or
(b) is not in the public interest; or
(c) jeopardises the integrity and conduct of
gaming; or
(d) is in breach of this Act.
Part 5, Division 4 repealed
11. Division 4 of Part 5 of the Principal Act is repealed.
Section 112P amended (Commission may give
directions)
12. Section 112P of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "operator or"
and substituting "operator, foreign games
permit holder or";
(b) by inserting in subsection (1) "the sale in
Tasmania of tickets in a foreign game," after
"authorised games,";
27
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Games Permit) (No. 2)
(c) by omitting from subsection (1) "of games" and
substituting "of games, premises used for the
sale in Tasmania of tickets in a foreign game";
(d) by omitting from subsection (2) "permit" and
substituting "permit, a foreign games permit";
(e) by omitting from subsection (2) "gaming
operator" second occurring and substituting
"gaming operator, foreign games permit
holder";
(f) by omitting from subsection (3) "operator" and
substituting "operator, permit holder";
(g) by inserting in subsection (4) "or permit
holder's" after "operator's";
(h) by inserting in subsection (5) "or the sale in
Tasmania of tickets in a foreign game" after
"game".
Section 112T amended (Disciplinary action)
13. Section 112T of the Principal Act is amended as
follows:
(a) by omitting "licence or Tasmanian gaming
licence" from paragraph (f)(i) of the definition
of "disciplinary action" in subsection (1) and
substituting "licence, Tasmanian gaming
licence or foreign games permit";
(b) by omitting from subsection (3) "may" first
occurring and substituting "must";
(c) by inserting the following subsection after
subsection (3):
28
2002 Gaming Control Amendment (Foreign No. s. 13
Games Permit) (No. 2)
(3A) If the Commission under
subsection (3) notifies a prescribed licence
holder who is a foreign games permit holder
that it is considering taking disciplinary action
and the Commission is of the opinion that an
accredited representative of the foreign games
permit holder may be affected by the taking of
any disciplinary action, the Commission must
notify the accredited representative by written
notice
(a) that it is considering taking
disciplinary action on the grounds
specified in the notice; and
(b) that the accredited representative,
within 28 days of receipt of the
notice, may make written
submissions to the Commission as
to why disciplinary action should
not be taken.
(d) by omitting from subsection (4)
"subsection (3)" and substituting
"subsections (3) and (3A)";
(e) by omitting from subsection (5)
"subsections (3) and (4)," and substituting
"subsections (3), (3A) and (4),";
(f) by inserting in subsection (5) "or an accredited
representative" after "the holder";
(g) by inserting in subsection (7)(a) "and any
accredited representative referred to in
subsection (3A)" after "after giving the holder";
(h) by inserting in subsection (7)(a) "or that
accredited representative" after "without
giving the holder";
29
s. 14 No. Gaming Control Amendment (Foreign 2002
Games Permit) (No. 2)
(i) by inserting in subsection (7)(b) "or, in a case
to which subsection (3A) applies, an accredited
representative" after "holder";
(j) by omitting from subsection (7)(b)
"subsections (3) and (4)" and substituting
"subsections (3), (3A) and (4)".
Section 118 amended (Prohibition on accepting
wager of minor)
14. Section 118(2) of the Principal Act is amended by
omitting paragraph (b) and substituting the following
paragraph:
(b) before the minor wagered or participated in
the gaming, game, gaming activity or foreign
game there was produced to the prescribed
licence holder or to an agent, employee or
accredited representative of the prescribed
licence holder acceptable proof of age for the
minor.
Section 130 amended (Entry onto premises)
15. Section 130(1) of the Principal Act is amended by
omitting paragraph (g) from the definition of "prescribed
premises" and substituting:
(g) the premises of a foreign games permit holder;
(h) the premises of an accredited representative;
(i) premises which an inspector or a police officer
believes, on reasonable grounds, are being
used for
(i) gaming; or
30
2002 Gaming Control Amendment (Foreign No. s. 16
Games Permit) (No. 2)
(ii) the conduct of any game; or
(iii) the sale of tickets in a foreign game; or
(iv) the storage of any records relating to
gaming, the conduct of any game or the
sale of tickets in a foreign game.
Section 131 amended (Functions of inspectors)
16. Section 131(1) of the Principal Act is amended as
follows:
(a) by inserting in paragraph (c)(ii) "or" after
"games;";
(b) by inserting the following subparagraph after
subparagraph (ii) in paragraph (c):
(iii) the sale in Tasmania of tickets in
foreign games;
(c) by inserting in paragraph (ca) "or the sale in
Tasmania of tickets in foreign games" after "to
gaming".
Section 132 amended (Investigation of complaints)
17. Section 132 of the Principal Act is amended as follows:
(a) by omitting from subsection (1)(c) "envelope."
and substituting "envelope; or";
(b) by inserting the following paragraph after
paragraph (c) in subsection (1):
(d) the sale in Tasmania of a ticket in
a foreign game.
31
s. 18 No. Gaming Control Amendment (Foreign 2002
Games Permit) (No. 2)
(c) by omitting from subsection (2)(a)(v) "and";
(d) by inserting the following subparagraph after
subparagraph (v) in subsection (2)(a):
(vi) the person apparently in charge of
the premises from which the ticket
in a foreign game was sold; and
Section 133 amended (Powers of inspectors)
18. Section 133(1)(d) of the Principal Act is amended by
omitting subparagraphs (vi) and (vii) and substituting the
following subparagraphs:
(vi) a foreign games permit holder; or
(vii) an accredited representative; or
(viii) any other person who the inspector, on
reasonable grounds, believes conducts
gaming or a game or sells in Tasmania a
ticket in a foreign game; or
(ix) an employee of a person referred to in
this paragraph
Section 134 amended (Search warrants)
19. Section 134(1) of the Principal Act is amended by
inserting "tickets in a foreign game," after "game,".
Section 135 amended (Offences relating to
inspectors)
20. Section 135 of the Principal Act is amended as follows:
32
2002 Gaming Control Amendment (Foreign No. s. 21
Games Permit) (No. 2)
(a) by inserting in subsection (1)(b) "ticket in a
foreign game," after "Act,";
(b) by inserting in subsection (1)(d) "ticket in a
foreign game," after "other equipment,";
(c) by omitting "conducted" from paragraph (c) of
the definition of "prescribed premises" in
subsection (4) and substituting "conducted,
tickets in a foreign game are sold".
Sections 150AF and 150AG inserted
21. After section 150AE of the Principal Act, the following
sections are inserted in Division 2:
Taxation in respect of foreign games permit
150AF. (1) A foreign games permit holder is liable
to pay a tax to the Commission under this section in
respect of the turnover obtained during the term of
the foreign games permit from the sale in Tasmania
of tickets in foreign games if there is no agreement
under section 150B in force in relation to the sharing
of tax and other revenue in respect of the sale of
those tickets.
(2) If the foreign game in which the tickets are
sold in Tasmania is determined by the Commission
by written notice provided to the foreign games
permit holder to be the equivalent of a major lottery,
the tax payable in relation to a month and the sale
in Tasmania of tickets in that foreign game is
35.55% of the foreign games permit holder's turnover
on those tickets during that month, or such other
amount as may be prescribed by the regulations to
take account of the effect of the goods and services
tax.
33
s. 21 No. Gaming Control Amendment (Foreign 2002
Games Permit) (No. 2)
(3) A foreign games permit holder must pay
the tax payable under subsection (2) in relation to a
month not later than 7 days after the end of that
month.
(4) If the foreign game in which the tickets are
sold in Tasmania is determined by the Commission
by written notice provided to the foreign games
permit holder to be the equivalent of a game other
than a major lottery, the tax payable in relation to
the turnover from the sale in Tasmania of tickets in
that foreign game in each financial year during the
term of the foreign games permit is determined in
accordance with the following table:
Turnover rounded to the Tax
nearest dollar
1. $20 000 or less Nil
2. $20 001 $50 000 0.15% of the excess over
$20 000
3. $50 001 $100 000 $45 plus 0.20% of the excess
over $50 000
4. $100 001 $500 000 $145 plus 0.25% of the
excess over $100 000
5. More than $500 000 $1 145 plus 0.30% of the
excess over $500 000
Set-off for goods and services tax in respect of
certain foreign games
150AG. (1) A foreign games permit holder who is
liable to pay tax in respect of the sale in Tasmania of
tickets in foreign games at the rate specified in
section 150AF(4) may apply to the Commission for a
refund of any tax paid under that section in an
34
2002 Gaming Control Amendment (Foreign No. s. 22
Games Permit) (No. 2)
amount equal to the amount of goods and services
tax paid in respect of the sale of those tickets.
(2) On receipt of an application under
subsection (1), the Commission must notify the
Commissioner for State Revenue of the application
and whether or not it is satisfied that the foreign
games permit holder has paid the goods and services
tax specified in the application.
(3) If the Commission has notified the
Commissioner for State Revenue that it is satisfied
that the foreign games permit holder has paid the
goods and services tax specified in the application,
the Commissioner may pay a refund to the foreign
games permit holder.
(4) The amount of a refund paid under
subsection (3) must not exceed the total of any tax
paid under section 150AF(4) by the foreign games
permit holder in respect of the sale in Tasmania of
tickets in foreign games.
(5) This section is taken to be a taxation law
for the purposes of the Taxation Administration Act
1997 and that Act applies in relation to this section.
Section 150B amended (Revenue sharing)
22. Section 150B(1)(b) of the Principal Act is amended by
omitting "gaming, a game or a gaming activity" and
substituting "any gaming, game, gaming activity or foreign
game".
35
s. 23 No. Gaming Control Amendment (Foreign 2002
Games Permit) (No. 2)
Schedule 5 amended (Further transitional and
savings provisions)
23. Part 1 of Schedule 5 to the Principal Act is amended
as follows:
(a) by inserting in the heading "AND GAMING
CONTROL AMENDMENT (FOREIGN GAMES
PERMIT) ACT 2002" after "GAMING CONTROL
AMENDMENT ACT 1999";
(b) by omitting the definitions of "agreement" and
"permit" from clause 1;
(c) by omitting clause 4 and substituting the
following clause:
Foreign games
4. (1) Tattersall's Sweeps Pty Ltd is taken to
hold a foreign games permit that authorises
Tattersall's Sweeps Pty Ltd to sell tickets in
Tasmania in any lottery conducted by it, and
in which tickets could be sold in Tasmania
immediately before the commencement of the
Gaming Control Amendment (Foreign Games
Permit) Act 2002, until the first of the
following occurs:
(a) 30 June 2010 ends;
(b) the foreign games permit ceases to
have effect as specified in
section 77Q(b), (c), (d) or (e).
(2) Footy Consortium Pty Ltd is exempt
from the operation of section 77A for the
period ending at the expiration of
31 December 2002, but Division 6 of Part 4C
and Parts 6, 8, 9 and 10 apply to and in
respect of it during that period as if it held a
36
2002 Gaming Control Amendment (Foreign No. s. 24
Games Permit) (No. 2)
foreign games permit on the same terms and
conditions as apply to it under the agreement
in force under section 150B immediately before
the commencement of the Gaming Control
Amendment (Foreign Games Permit) Act 2002.
Substitutions
24. Each of the provisions of the Principal Act specified in
Column 1 of Schedule 1 is amended by omitting "game or
gaming activity" on the number of occurrences specified in
Column 2 of that Schedule and substituting "game,
gaming activity or foreign game".
37
sch. 1 No. Gaming Control Amendment (Foreign 2002
Games Permit) (No. 2)
SCHEDULE 1 SUBSTITUTIONS
Section 24
Column 1 Column 2
Provision amended Number of
occurrences
Section 118(1) 1
Section 118A(1)(a) 1
Section 118A(1)(b) 1
Section 118A(2)(b)(i) 1
Section 118A(2)(b)(ii) 1
38 Government Printer, Tasmania