Tasmanian Consolidated Acts

GAMING CONTROL ACT 1993 - SCHEDULE 5

SCHEDULE 5 - Further transitional and savings provisions

PART 1 - Transitional and Savings Provisions Consequent on Gaming Control Amendment Act 1999 and Gaming Control Amendment (Foreign Games Permit) Act 2002

Section 178A

1. Interpretation

In this Part –

"pool betting licence" has the same meaning as in the Racing and Gaming Act;

"prescribed day" means the day on which the Gaming Control Amendment Act 1999 commences;

"promoter" has the same meaning as in section 85A of the Racing and Gaming Act;

"Racing and Gaming Act" means the Racing and Gaming Act 1952 as in force immediately before the commencement of the Gaming Control Amendment Act 1999;

"relevant Deed" means the Deed, as amended from time to time, made on 27 July 1998 between the Crown in right of the State of Tasmania and Australian National Hotels Pty Ltd;

"Supervising Agency" has the same meaning as in section 74A of the Racing and Gaming Act;

"supplemental deed" means a deed made between the Crown in right of the State of Tasmania and Australian National Hotels Pty Ltd that is supplemental to the relevant Deed;

"telephone sports betting licence" has the same meaning as in the Racing and Gaming Act.

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2. Casino Internet Operations by Australian National Hotels under Tasmanian gaming licence

      (1) Australian National Hotels Pty Ltd, in respect of its Casino Internet Operations specified in the relevant Deed, is taken to hold a Tasmanian gaming licence endorsed with a simulated gaming endorsement for the period commencing on 1 July 2001 and ending on 31 December 2008.

      (2) Despite section 148A, Australian National Hotels Pty Ltd is not liable to pay any licence fee in respect of the Tasmanian gaming licence endorsed with a simulated gaming endorsement that it is taken to hold by reason of subclause (1).

      (3) Except as provided by subclause (2), this Act applies in respect of the Tasmanian gaming licence endorsed with a simulated gaming endorsement that Australian National Hotels Pty Ltd is taken to hold.

      (4) If, in respect of any matter concerning the conduct by Australian National Hotels Pty Ltd of its Casino Internet Operations, there is an inconsistency between this Act and the relevant Deed or any supplemental deed, the provisions of this Act prevail.

      (5) The period for which Australian National Hotels Pty Ltd is taken under subclause (1) to hold a Tasmanian gaming licence endorsed with a simulated gaming endorsement is subject to the right of the Commission to cancel the licence or endorsement under section 112T.

3. Telephone sports betting licences

      (1) A telephone sports betting licence that is in force immediately before 18 November 1999 and is still in force immediately before the prescribed day is taken on and after that day to be a Tasmanian gaming licence that –

(a) is endorsed with a sports betting endorsement; and

(b) contains the same terms as the telephone sports betting licence; and

(c) is subject to the conditions to which the telephone sports betting licence was subject; and

(d) has effect, subject to this Act, until 14 May 2000.

      (2) Clause 5 does not apply in respect of a Tasmanian gaming licence that a person is taken to hold under subclause (1).

      (3) If a person who is taken to hold a Tasmanian gaming licence under subclause (1) intends to continue the business conducted under that Tasmanian gaming licence after 14 May 2000, the person must apply for a new Tasmanian gaming licence under section 76C.

      (4) On making an application referred to in subclause (3), the applicant is not required to pay the application fee specified in section 76C(2)(d) but the Commission may require the applicant to pay the whole or part of the reasonable costs incurred by the Commission in investigating, processing and determining the application.

      (5) Clause 5 and sections 148A and 153A do not apply in respect of a Tasmanian gaming licence endorsed with a sports betting endorsement granted in relation to an application referred to in subclause (3), whether being the Tasmanian gaming licence so granted or that Tasmanian gaming licence after renewal, but the holder of that Tasmanian gaming licence must –

(a) pay to the Commission the prescribed licence fee; and

(b) provide to the Commission a gaming and wagering guarantee, within the meaning of section 153A, of the prescribed amount as, and in the manner, prescribed.

      (6) Any business conducted under a telephone sports betting licence before the prescribed day is taken to have been conducted under a Tasmanian gaming licence endorsed with a sports betting endorsement.

      (7) If, before the prescribed day, circumstances existed that could or would have resulted in the Supervising Agency taking action under section 74I or 74J of the Racing and Gaming Act as in force immediately before that day, the Commission may take action in respect of those circumstances under Division 6 of Part 5 of this Act.

      (8) Any commission that, under section 74L of the Racing and Gaming Act –

(a) is payable immediately before the prescribed day continues to be payable on and after that day; or

(b) has accrued in respect of any period ending immediately before the prescribed day but is not at that time due to be paid is to be paid on or after that day as directed by the Commission.

      (9) An amount payable by a person under this clause is a debt due to the Crown.

      (10) The regulations may provide for matters of a transitional or savings nature arising out of the application of this clause.

      (11) Regulations of a kind referred to in subclause (10) may take effect on the prescribed day or a later day specified in the regulations.

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4. Foreign games

      (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 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.

5. Tasmanian gaming licence with sports betting endorsement

Despite section 76S(b), a Tasmanian gaming licence endorsed with a sports betting endorsement does not authorise the licensed provider, during the period commencing on the prescribed day and ending on 31 December 2003, to accept wagers in respect of an approved sports event from persons physically present at the approved sports event or an approved location.

6. Tasmanian gaming licence with fixed odds wagering endorsement

Despite section 76T, a Tasmanian gaming licence endorsed with a fixed odds wagering endorsement does not authorise the licensed provider, during the period commencing on the prescribed day and ending on 31 December 2003, to accept from any person physically present at an approved location fixed odds wagers in respect of any horse race, harness race or greyhound race.

PART 2 - Transitional and Savings Provisions Consequent on Gaming Control Amendment (Minor Gaming and Miscellaneous Amendments) Act 2001

7. Interpretation

In this Part,

"prescribed day" means the day on which the Gaming Control Amendment (Minor Gaming and Miscellaneous Amendments) Act 2001 commences.

8. Approvals, &c., under Part VI of the Racing and Gaming Act 1952

      (1) If, immediately before the prescribed day, a person held an approval, authorisation or permit under Part VI of the Racing and Gaming Act 1952 as in force immediately before that day in respect of a game that is an authorised game, that person is taken to hold a minor gaming permit subject to the same conditions as that approval, authorisation or permit was subject.

      (2) A minor gaming permit that a person is taken to hold under subclause (1) ceases to have effect –

(a) if the approval, authorisation or permit it replaces would, but for the Racing and Gaming Amendment (Gaming Provisions Removal) Act 2001, have effect until a day or for a period specified in the approval, authorisation or permit, on that day or the expiration of that period; or

(b) if the approval, authorisation or permit it replaces would, but for the Racing and Gaming Amendment (Gaming Provisions Removal) Act 2001, have effect until the completion of an event specified in the approval, authorisation or permit, on that completion; or

(c) if the approval, authorisation or permit it replaces does not so provide for when or how it ceases to have effect, on 1 January 2002.

9. Lucky envelopes

      (1) If, immediately before the prescribed day, a person held a licence under section 17A of the Stamp Duties Act 1931, as in force immediately before that day, the Commission must on that day list that person on the Roll.

      (2) A listing on the Roll made under subclause (1) expires 2 years after it is made unless the person so listed applies for, and is granted, within that period a listing on the Roll under Division 5 of Part 4.

      (3) If a listing on the Roll expires because of the operation of this clause, the Commission must remove that listing from the Roll.

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.