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GAMING CONTROL ACT 1993 - SCHEDULE 5

GAMING CONTROL ACT 1993 - SCHEDULE 5

SCHEDULE 5 - Further transitional and savings provisions
PART 1
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PART 2
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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 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.
PART 4 - Transitional provisions consequent on Gaming Control Amendment (Community Interest) Act 2016
1.    Interpretation
In this Part –
operate has the same meaning as in section 35A .
2.    Application of Part
This Part applies to –
(a) an application under section 36(1) for a licensed premises gaming licence that authorises the possession of gaming machines at licensed premises; and
(b) a request under section 44(2)(a) to amend a licensed premises gaming licence to authorise the possession of gaming machines at the licensed premises to which the licence relates –
if the application or request is made in respect of licensed premises where gaming machines have not operated in the 6-month period immediately before the application or request.
3.    Unprocessed licence applications and licence amendment requests
If –
(a) an application under section 36(1) for a licensed premises gaming licence or a request under section 44(2)(a) to amend a licensed premises gaming licence is made to the Commission; and
(b) that application or request is not determined by the Commission immediately before the day on which this clause commences –
the Commission must suspend consideration of that application or request until the day on which Division 3 of Part 5 of this Schedule commences.
4.    Suspension of certain licence applications and licence amendment requests
Notwithstanding any other provision of this Act, a person cannot make –
(a) an application under section 36(1) for a licensed premises gaming licence; or
(b) a request under section 44(2)(a) to amend a licensed premises gaming licence –
until the day on which Division 3 of Part 5 of this Schedule commences.
PART 5 - Further transitional provisions consequent on Gaming Control Amendment (Community Interest) Act 2016
Division 1 - Preliminary
1.    Interpretation
In this Part –
community interest matters has the same meaning as in section 35A ;
operate has the same meaning as in section 35A .
2.    Application of Part
(1) This Part applies to the holder of a licensed premises gaming licence, in respect of that licence, if –
(a) the licence authorises the possession of gaming machines at the licensed premises to which the licence relates; and
(b) between 16 March 2016 and the day on which this clause commences (both days exclusive) –
(i) an application was made under section 36(1) for that licence; or
(ii) a request was made under section 44(2)(a) to amend that licence to authorise the possession of gaming machines at the licensed premises to which the licence relates.
(2) However, this Part does not apply to the holder of a licensed premises gaming licence if the application referred to in subclause (1)(b)(i) or the request referred to in subclause (1)(b)(ii) was made in respect of licensed premises at which gaming machines operated –
(a) before 17 March 2016; and
(b) in the 6-month period immediately before the application or request.
Division 2 - Stay of operation of certain gaming machines
3.    Stay of operation of certain gaming machines
(1) Notwithstanding any other provision of this Act, if the holder of a licensed premises gaming licence possesses gaming machines at licensed premises under the authority of a licence referred to in clause 2(1) , the licence holder must not operate, or permit the operation of, those gaming machines unless the Commission has made a determination under clause 5(1) that the authorisation to possess gaming machines under that licence is in the community interest.
Penalty:  A fine not exceeding 600 penalty units
(2) The holder of a licensed premises gaming licence who is prohibited under this clause from operating, or permitting the operation of, gaming machines at licensed premises is not entitled to compensation or a refund in respect of any matter arising from the prohibition.
Division 3 - Community interest submission
4.    Community interest submission
(1) The holder of a licensed premises gaming licence must, within 90 days after the day on which this clause commences, make a community interest submission to the Commission –
(a) in respect of a licence referred to in clause 2(1) ; and
(b) in accordance with section 36(2B) .
(2) The Commission may extend the period referred to in subclause (1) if satisfied that special circumstances exist that justify the extension.
(3) Within 14 days of making a community interest submission under subclause (1) , the holder of a licensed premises gaming licence must cause to be published, in a newspaper circulating in the area in which the licensed premises are situated, a notice containing the information required by the Commission and a statement that any person may object to the licence by giving notice in writing to the Commission, within 14 days of the date of publication of the notice, stating the grounds for the objection.
(4) A person may, within 14 days of the date of publication of a notice under subclause (3) , request in writing that the Commission make available –
(a) information as provided in the notice; and
(b) the community interest submission made in respect of the licence specified in that notice.
(5) The Commission is to comply with a request under subclause (4) .
(6) A person may, within 14 days of the date of publication of a notice under subclause (3) , object to the licence specified in that notice on the grounds that authorisation to possess gaming machines under that licence is not in the community interest, having regard to community interest matters.
(7) An objection under subclause (6) is to –
(a) be in writing; and
(b) set out the reasons for the objection.
Division 4 - Determination of Commission
5.    Determination of Commission
(1) If the Commission receives a community interest submission made in relation to a licensed premises gaming licence under clause 4(1) , the Commission must determine whether or not, after taking into account community interest matters, the authorisation to possess gaming machines under that licence is in the community interest.
(2) The Commission must not make a determination under subclause (1) without first considering –
(a) the community interest submission made under clause 4(1) in relation to that licensed premises gaming licence; and
(b) every objection made under clause 4(6) in relation to that licensed premises gaming licence.
(3) The Commission must, as soon as practicable, notify the licence holder of a determination made in respect of his or her licensed premises gaming licence under subclause (1) .
(4) If the Commission determines under subclause (1) that the authorisation to possess gaming machines under a licensed premises gaming licence is not in the community interest, the Commission must, by written notice given to the licence holder –
(a) amend the licence to remove the authorisation to possess gaming machines at the licensed premises to which the licence relates; and
(b) give reasons to the licence holder for its determination.
(5) If the holder of a licensed premises gaming licence does not make a community interest submission in accordance with this Part, the Commission must, by written notice given to the licence holder, amend the licence referred to in clause 2(1) to remove the authorisation to possess gaming machines at the licensed premises to which the licence relates.
(6) The amendment of a licence under this clause takes effect on the day on which the licence holder receives notice of the amendment or on a later day specified in the notice.
(7) The holder of a licensed premises gaming licence is not entitled to compensation or a refund in respect of any matter arising from the amendment of the licence holder's licence in accordance with this clause.
Division 5 - Miscellaneous
6.    Surrender of licence prior to determination of Commission
(1) In this clause –
transitional licensed premises means licensed premises in respect of which the holder of a licensed premises gaming licence has surrendered his or her licence before the Commission has made a determination under clause 5(1) in relation to that licence.
(2) If an application under section 36(1) for a licensed premises gaming licence is made in respect of transitional licensed premises, the premises are taken for the purposes of section 36(2A) to have not had gaming machines operating at the premises at any time in the 6-month period immediately before the application is made.
PART 6 - Transitional provisions consequent on Gaming Control Amendment (Wagering) Act 2019
1.    Interpretation
In this Part –
former Act means the Gaming Control Act 1993 , as in force immediately before the commencement of Part 3 of the Gaming Control Amendment (Wagering) Act 2019 ;
second totalizator endorsement has the same meaning as in Division 5A of Part 4A ;
transitional period means the period from 1 January 2020 to 30 June 2020 (both days inclusive).
2.    Point of consumption tax during transitional period
For the purposes of the application of Division 1A of Part 9 during the transitional period, a reference in that Division to –
(a) a financial year is taken to be a reference to the transitional period; and
(b) a period starting on 1 July in a financial year is taken to be a reference to 1 January 2020; and
(c) an amount of $150 000 is taken to be a reference to $75 000.
3.    Entitlement to refund of totalizator wagering levy
(1) This section applies to the holder of a Tasmanian gaming licence endorsed with the second totalizator endorsement.
(2) The holder of the Tasmanian gaming licence is entitled to a refund of 50% of the wagering levy paid by that licence holder under section 150AD of the former Act for the financial year commencing on 1 July 2019.
(3) The Treasurer is to pay a refund under subsection (2) to the holder of the Tasmanian gaming licence within 7 days after the holder of the Tasmanian gaming licence has paid the annual levy under section 150AC for the transitional period.
4.    Payment of annual levy for transitional period
For the purposes of the application of section 150AC during the transitional period –
(a) a reference in that section to a financial year is taken to be a reference to the transitional period; and
(b) a requirement that the annual levy be paid on the first day of a financial year is taken to be a requirement that the annual levy be paid within 7 days after 1 January 2020; and
(c) a reference in that section to an amount of 925 000 fee units is taken to be a reference to 462 500 fee units.
PART 7 - Transitional provisions consequent on Gaming Control Amendment (Future Gaming Market) Act 2021
1.    Interpretation
In this Part –
changeover day means 1 July 2023;
lead-up period means the 12-month period immediately before the changeover day;
new legislative scheme means the provisions of the Gaming Control Act 1993 as in force on and after the changeover day;
old legislative scheme means the provisions of the Gaming Control Act 1993 as in force before the changeover day;
venue licence means a licence of that name issued under the new legislative scheme.
2.    Approvals in relation to gaming equipment during lead-up period
(1) This clause applies to the holder of a licensed premises gaming licence if that licence holder –
(a) has applied for a venue licence in anticipation of the new legislative scheme and that application has been granted by the Commission; or
(b) has written approval from the Commission to purchase or obtain approved gaming equipment from a person listed on the Roll.
(2) The holder of a licensed premises gaming licence to which this clause applies may, during the lead-up period –
(a) purchase or obtain approved gaming equipment from a person listed on the Roll in accordance with the relevant venue licence or approval; and
(b) possess gaming equipment purchased or obtained in accordance with paragraph (a); and
(c) do all things necessarily incidental to carrying on the activities referred to in paragraphs (a) and (b).
(3) A person listed on the Roll may, with the written approval of the Commission, sell or supply approved gaming equipment to the holder of a licensed premises gaming licence to whom this clause applies during the lead-up period.
(4) A manufacturer or supplier may, with the written approval of the Commission, sell or supply unrestricted gaming equipment to the holder of a licensed premises gaming licence to whom this clause applies during the lead-up period.
(5) An approval under this clause may be subject to such conditions as the Commission considers appropriate.
(6) The Commission may at any time amend or revoke an approval under this clause.
(7) The amendment or revocation of an approval under this clause takes effect when notice of it is given in writing to the person concerned or on a later date specified in the notice.
(8) If a person is authorised to carry out an activity under this clause, the carrying out of that activity by that person does not constitute an offence under this Act.
3.    Authorisation in relation to electronic monitoring system during lead-up period
(1) The Commission, in writing, may authorise a person to do such of the following activities during the lead-up period as are specified in the authorisation:
(a) to supply and install an electronic monitoring system and other gaming equipment at hotels and licensed clubs;
(b) to possess gaming machines and other gaming equipment;
(c) to service, repair or maintain gaming equipment through the services of licensed technicians;
(d) to enter into contracts with licensed premises gaming operators for the purposes of paragraphs (a), (b) and (c);
(e) to do all things necessarily incidental to carrying on the activities specified in the authorisation.
(2) An authorisation under subclause (1) may be subject to such conditions as the Commission considers appropriate.
(3) If a person enters into a contract with a licensed premises gaming operator under an authorisation under subclause (1)(d), that contract is, for the purposes of section 77V, taken to be a relevant contract.
(4) The Commission may at any time revoke or amend an authorisation.
(5) If a person carries out an activity in accordance with an authorisation under this clause, the carrying out of that activity by that person does not constitute an offence under this Act.
4.    Continuation of licensed premises gaming licence during lead-up period
(1) This clause applies in respect of a licensed premises gaming licence if –
(a) the licensed premises gaming licence is due to expire during the lead-up period; and
(b) the holder of that licence has made an application to the Commission for a venue licence in anticipation of the new legislative scheme.
(2) A licensed premises gaming licence to which this clause applies continues to be valid according to its terms until the first of the following occurs:
(a) the changeover day;
(b) the licence is cancelled or surrendered.
5.    Application for venue licence by holder of licensed premises gaming licence
(1) This clause applies to an application for a venue licence that is made by a licensed premises gaming operator before, and in anticipation of, the new legislative scheme.
(2) The following sections of the new legislative scheme do not apply to an application to which this clause applies:
(a) section 36 (5), (5A), (5B), (6), (6A) and (6B);
(b) section 37;
(c) section 38(1)(b) and (c);
(d) section 38(2)(f) and (g).
(3) If the Commission grants a venue licence for licensed premises as a consequence of an application to which this clause applies, the number of gaming machine authorities endorsed on the venue licence is to be –
(a) the same as the number of gaming machines that the licensed premises gaming operator was authorised to operate at the premises under the old legislative scheme immediately before the grant of the venue licence; or
(b) subject to subclause (4), such lesser number of gaming machine authorities as is specified in the application.
(4) If an application under this clause is made by a licence holder in relation to licensed premises that are held under a lease, the licence holder may only apply for a lesser number of gaming machine authorities under clause (3)(b) if the lease does not contemplate a reduction in gaming machines and either –
(a) the owner of the licensed premises agrees; or
(b) the Commission, on application by the licensed premises gaming operator, determines that it is fair and equitable to reduce the number of gaming machine authorities.
6.    Additional matter that may be considered in determining licensed premises gaming licence application
The Commission may refuse, under section 42, to grant a licensed premises gaming licence that authorises the possession of gaming machines at licensed premises if, in the opinion of the Commission, the granting of such a licence would result in the number of gaming machine authorities endorsed on venue licences in the State (in total) exceeding 2 350 on the changeover day.
7.    Regulations
(1) The Governor may make regulations of a savings and transitional nature consequent on the enactment of the Gaming Control Amendment (Future Gaming Market) Act 2021 to effect, and facilitate, the transition from the old legislative scheme to the new legislative scheme.
(2) Without limiting the generality of subclause (1), regulations made under that subclause may –
(a) provide for the preservation, continuation, extension, variation or revocation of any one or more of the following matters under the old legislative scheme:
(i) decisions, determinations, approvals or other such authorisations;
(ii) actions undertaken or exempted;
(iii) licences, exemptions or other such authorisations;
(iv) notices or other instruments or documents;
(v) any other matter under the old legislative scheme; and
(b) provide for the preservation, continuation, variation or revocation of decisions or actions taken under the 2003 Deed; and
(c) deal with any incidental or ancillary matters.
(3) Regulations made under subclause (1) may –
(a) specify that they take effect on –
(i) the day on which any provision of the Gaming Control Amendment (Future Gaming Market) Act 2021 commences; or
(ii) a day after the day on which any provision of the Gaming Control Amendment (Future Gaming Market) Act 2021 commences, whether the day so specified is before, on or after the day on which the regulations are made; and
(b) be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations; and
(c) authorise any matter to be from time to time determined, applied or regulated by any person or body specified in the regulations.
PART 8 - Further transitional provisions consequent on Gaming Control Amendment (Future Gaming Market) Act 2021
1.    Interpretation of Part
In this Part –
changeover day means 1 July 2023;
former Act means this Act as in force immediately before the changeover day.
2.    Pending applications for licensed premises gaming licence
(1) An application for a licensed premises gaming licence made under section 36 of the former Act that has not been determined before the changeover day is taken to be an application for a venue licence made under this Act and is to be dealt with by the Commission in accordance with this Act.
(2) If subclause (1) applies, a provisional licensed premises gaming licence issued under the former Act that is in force on the changeover day is taken –
(a) on and from the changeover day to be a provisional venue licence issued under this Act; and
(b) to be subject to the conditions specified in the licence immediately before the changeover date.
3.    Issue of venue licence to holder of licensed premises gaming licence issued during the lead-up period
(1) In this clause –
transitional licensed premises gaming licence means a licensed premises gaming licence –
(a) granted as a consequence of an application for that licence made during the lead-up period; and
(b) that is in force immediately before the changeover day.
(2) On the changeover day, the Commission must grant to the holder of a transitional licensed premises gaming licence a venue licence in respect of the same licensed premises for which the transitional licensed premises gaming licence was granted.
(3) If the Commission grants a venue licence under subclause (2), the number of gaming machine authorities endorsed on the venue licence is to be the same as the number of gaming machines that the holder of the transitional licensed premises gaming licence was authorised to operate at the premises under that licence immediately before the changeover day.
4.    Transitional monitoring operator’s licence
(1) In this clause –
gaming operator’s licence means a gaming operator’s licence in force under the former Act immediately before the changeover day.
(2) On the changeover day, the Commission may grant to the holder of a gaming operator’s licence, or to a corporation related to the holder of that licence, a transitional monitoring operator’s licence for a period not exceeding 12 months.
(3) A transitional monitoring operator’s licence authorises the licence holder, subject to this Act and to any conditions to which the licence is subject, to perform the functions of a monitoring operator.
(4) Unless sooner cancelled or surrendered, a transitional monitoring operator’s licence granted under subclause (2) expires on the earlier of the following events:
(a) the end of the term for which the licence was granted;
(b) 30 June 2024.
(5) This Act applies in respect of a transitional monitoring operator’s licence in the same way as it applies in respect of a monitoring operator’s licence (to the extent that is consistent with this clause).
5.    Standards
Any standards of the Commission set under sections 76ZZG and 76ZZI of this Act that were in force immediately before the changeover day are taken, on and after that day, to be standards set by the Commission under section 112PA.
6.    Directions, exemptions and approvals for casino operator
(1) This clause applies in respect of a person if –
(a) the person, or a corporation related to the person, held a casino licence under the former Act ( the old casino licence ) immediately before the changeover day; and
(b) the person holds a general casino licence in respect of the same premises for which the old casino licence was granted.
(2) A direction, exemption or approval given or issued by the Commission to a person under a provision of the former Act, in respect of the old casino licence, is taken on and from the changeover day to be a direction or approval given or issued under the equivalent provision of this Act to that person in respect of any general casino licence held by that person on the same terms and conditions.
7.    Directions, exemptions and approvals in respect of keno
(1) In this clause –
keno authorisation means a direction, exemption or approval relating to the conduct of keno, issued or given to the holder of a gaming operator’s licence under the former Act.
(2) This clause applies in respect of a person if –
(a) the person, or a corporation related to the person, held a gaming operator’s licence under the former Act immediately before the changeover day; and
(b) the person holds a keno operator’s licence on the changeover day under this Act.
(3) A keno authorisation, given or issued by the Commission under a provision of the former Act to a person, or to a corporation related to the person, is taken on and from the changeover day to be a direction or approval given or issued under the equivalent provision of this Act to that person as the holder of a keno operator’s licence on the same terms and conditions.
8.    Interpretation of continuing document
(1) In this clause –
continuing document means an approval given by the Commission under section 80, 81 or 84 if the approval is continuing or has effect on or after the changeover day.
(2) For the purpose of giving effect to a continuing document –
(a) a reference in the continuing document to a licensed premises gaming licence is taken to be a reference to a venue licence; and
(b) a reference in the continuing document to the holder of a licensed premises gaming licence is taken to be a reference to the holder of a venue licence; and
(c) a reference in the continuing document to a licensed premises gaming operator is taken to be a reference to a venue operator; and
(d) a reference in the continuing document to licensed operators is taken to be a reference to casino operators and venue operators.
9.    Limit on common ownership of authorities
(1) In this clause –
associated venue operators has the same meaning as in section 101D.
(2) If, on the changeover day, the combined number of gaming machine authorities endorsed on venue licences held by a venue operator, or by associated venue operators, exceeds 587, that venue operator or the associated venue operators must, within 14 days after the changeover day, apply under section 48C to decrease the number of gaming machine authorities so that the combined number of gaming machine authorities endorsed on those licences no longer exceeds 587.
Penalty:  Fine not exceeding 1 000 penalty units.
10.    Jackpot increments
(1) In this clause –
jackpot increment , for a hotel or club gaming machine, means the amount by which a gaming jackpot prize on that gaming machine increases from its approved initial value by the contributions from turnover.
(2) If the holder of a general casino licence held a casino licence under the former Act immediately before the changeover day, any jackpot special prize pool held by that licence holder under the former Act immediately before the changeover day is taken to be included for the purposes of section 150AI in the gross profits derived by that licence holder from gaming machine games during the month immediately following the changeover day.
(3) If, immediately before the changeover day, there is a jackpot increment accumulated on a gaming machine operated in a hotel or club, the holder of the gaming operator’s licence under the former Act must, within 14 days after the changeover day, pay that jackpot increment to the holder of the venue licence for that hotel or club.
(4) In the event of a dispute over the payment of a jackpot increment to the holder of a venue licence under subclause (3), the holder of the gaming operator’s licence under the former Act or the holder of the venue licence may apply in writing to the Commission for a resolution of the dispute.
(5) If an application is made to the Commission under subclause (4), the Commission may carry out investigations that the Commission considers necessary to resolve the matters in dispute.
(6) The decision of the Commission on reviewing the dispute is binding on both the holder of the gaming operator’s licence under the former Act and the relevant venue operator.
(7) A jackpot increment paid to the holder of a venue licence under subclause (3) is taken to be included for the purposes of section 150AK in the gross profits derived by that licence holder from gaming machine games during the month immediately following the changeover day.
(8) The holder of a gaming operator’s licence under the former Act may, for the purposes of section 150 of the former Act, deduct from its monthly gross profits for the month of June 2023 any payment made under subclause (3).
11.    Community support levy
(1) In this clause –
total community support levy has the same meaning as in section 151 of the former Act.
(2) Any total community support levy collected under section 151 of the former Act that has not, immediately before the changeover day, been distributed in accordance with that section of the former Act is payable on the changeover day into the Community Support Fund.