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This is a Bill, not an Act. For current law, see the Acts databases.
GAMING MACHINE AMENDMENT BILL 2007
2007
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Treasurer)
Gaming
Machine Amendment Bill 2007 (No 2)
Contents
Page
2007
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Treasurer)
Gaming Machine
Amendment Bill 2007 (No 2)
A Bill for
An Act to amend the
Gaming Machine Act
2004, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Gaming Machine Amendment Act 2007 (No 2).
(1) This Act (other than section 17) commences on the day after its
notification day.
(2) Section 17 commences 6 months after this Act’s notification
day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
This Act amends the Gaming Machine Act 2004.
Note This Act also amends the following legislation:
• Casino Control Act 2006 (see sch 1)
• Gaming Machine Regulation 2004 (see sch 2).
4 Applications
to be dealt with in order of receiptNew
section 10 (5), (6) and (7)
insert
(5) The commission is not required to make a decision about the number of
gaming machines authorised to be operated under a licence if licences that have
already been issued authorise the operation of the maximum number of gaming
machines allowed on all licensed premises in the ACT.
Note The maximum number of gaming machines on all licensed premises
in the ACT is set under s 35.
(6) The commission may, by written notice given to the applicant, require
an applicant to provide updated information in an application mentioned in
subsection (1), including verified updated information, if—
(a) subsection (5) applied to the application; and
(b) at a later time, subsection (5) stopped applying to the application.
(7) To remove any doubt, updated information includes an updated required
document.
5 No
available gaming machinesSection
17 (2) (b)
substitute
(b) give the applicant a certificate (a certificate of
suitability) stating that the commission would otherwise have issued a
licence to the applicant and that the number of machines the applicant is to be
authorised to operate will be determined when—
(i) the number of gaming machines allowed to be operated on all licensed
premises in the ACT falls below the maximum number of gaming machines allowed on
all licensed premises in the ACT; or
(ii) the commission is considering the transfer of a licence to the
applicant under section 32 (Transfer of licence).
6 Eligibility
of individuals New section 20 (3)
(d)
insert
(d) at any time in the last 12 months the individual had—
(i) a licence cancelled under section 58 (Disciplinary action); or
(ii) a licence cancelled under section 64 (Cancellation of licences
because of cancellation etc of general and on licences); or
(iii) an application for approval as a supplier refused, on the basis that
the person provided false or misleading information, under section 72
(Application and approval as supplier); or
(iv) approval as a supplier cancelled under section 73A (Cancellation etc
of supplier’s approval); or
(v) an application for approval as a technician refused, on the basis that
the person provided false or misleading information, under section 75 (Approval
of technicians); or
(vi) approval as a technician cancelled under
section 79 (1) (a) or (c) (Cancellation etc of technician’s
approval); or
(vii) an application for approval as an attendant refused, on the basis
that the person provided false or misleading information, under section 86
(Approval of attendants); or
(viii) approval as an attendant cancelled under
section 91 (1) (a) or (c) (Cancellation etc of attendant’s
approval).
7 Eligibility
of clubs and other corporationsSection 21
(2)
substitute
(2) Despite subsection (1), the commission may decide that the corporation
is an eligible person even though a provision of that subsection does not apply
in relation to the corporation.
8 Substantive
licence amendmentsSection
24 (3) (b) (iii)
substitute
(iii) if the licensee is a club—the commission is satisfied that the
number of club members worked out under the regulations, and the pattern of use
of gaming machines by club members, is sufficient to justify the number of extra
gaming machines; and
substitute
(4) If an application is made under subsection (1) (a), the commission may
amend a licence to allow the licensee to operate more gaming machines than the
licensee was previously allowed to operate (the new number of
gaming machines), but less than the number applied for, if the commission is
satisfied that—
(a) taking into account the application, and any submissions made in
relation to the social impact assessment for the application—amendment of
the licence to allow the new number of gaming machines is appropriate;
and
(b) the size and layout of each gaming area is suitable for the
installation of the new number of gaming machines; and
(c) the authorisation of the new number of gaming machines would not
exceed the maximum number of gaming machines allowed on all licensed premises in
the ACT; and
(d) if the licensee is a club—the number of club members, and the
pattern of use of gaming machines by club members, is sufficient to justify the
new number of gaming machines; and
(e) if the licensee is a club—the extent to which the club has
contributed to, or is likely to contribute to, the support and benefit of the
community; and
(f) the licensee does not owe an amount to the Territory under a tax law
or a gaming law.
10 Transfer
of licenceSection 32
(3)
substitute
(3) If the commission transfers a licence under this section, the
commission must give the prospective licensee—
(a) the licence as amended to mention—
(i) the prospective licensee rather than the current licensee;
and
(ii) the number of machines the prospective licensee is authorised to
operate; and
(b) the machine access register for the gaming machines covered by the
licence.
11 Approval
of gaming machines and peripheral
equipmentSection
69 (3)
substitute
(3) The approval of a gaming machine or any peripheral equipment for a
gaming machine is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
12 Application
and approval as supplierSection 72 (2)
(d)
substitute
(d) the person has not, in the last 12 months, provided false or
misleading information in an application under subsection (1); and
(e) the person satisfies any other requirement prescribed by
regulation.
in division 6.2, insert
73A Cancellation etc of supplier’s
approval
(1) This section applies if—
(a) the commission stops being satisfied that the supplier meets the
conditions for approval stated in section 72 (2); or
(b) the commission is satisfied that the supplier has contravened this
Act.
(2) In subsection (1) (b), a reference to a contravention of
this Act includes a reference to the following:
(a) a contravention of the Criminal Code, part 2.4 (Extensions of criminal
responsibility) in relation to an offence against this Act or otherwise in
relation to this Act;
(b) a contravention of the Criminal Code in relation to a document
completed, kept or given, or required to be completed, kept or given, under or
in relation to this Act;
(c) a contravention of the Criminal Code in relation to anything done, or
not done, under or in relation to this Act.
(3) The commission may, by written notice given to the approved
supplier—
(a) cancel the supplier’s approval; or
(b) suspend the supplier’s approval; or
(c) reprimand the supplier.
(4) In considering whether to take action under this section, the
commission must consider the following:
(a) whether action has been taken against the approved supplier under this
section before;
(b) the seriousness of any contravention of this Act;
(c) the likelihood of further action needing to be taken against the
supplier;
(d) the public benefit of suppliers being regulated under this
Act.
(5) The commission may also consider any other relevant matter.
14 Approval
of techniciansSection 75
(1)
substitute
(1) The commission may, on application under section 74, approve the
applicant as a technician for 1 or more suppliers if satisfied
that—
(a) the applicant is qualified to exercise the functions of an approved
technician; and
(b) the applicant has not, in the last 12 months, provided false or
misleading information in an application under section 74; and
(c) either—
(i) the applicant is employed, or will be employed, by each supplier;
or
(ii) the applicant is an approved supplier; or
(iii) the applicant is employed, or will be employed, by each supplier
and is an approved supplier.
15 Approval
of attendants Section 86
(1)
substitute
(1) The commission may, on application under section 85, approve the
applicant as an attendant for 1 or more licensees if satisfied
that—
(a) the applicant is an eligible person; and
(b) the applicant has not, in the last 12 months, provided false or
misleading information in an application under section 85; and
(c) the applicant is employed, or will be employed, by each
licensee.
substitute
152 External signs
(1) A licensee commits an offence if the licensee displays an external
sign advertising gaming machines or promoting a gambling activity on the
licensed premises.
Maximum penalty: 50 penalty units.
(2) An offence against subsection (1) is a strict liability
offence.
(3) In this section:
external sign, for licensed premises, means a sign that can
be seen from outside the licensed premises, but does not
include—
(a) an advertisement on television (other than closed-circuit television)
or on the internet; or
(b) a sign consisting mainly of a registered business name; or
(c) a sign consisting mainly of a business logo that does not advertise
gaming machines or promote a gambling activity.
Example
a written, electronic or physical display, picture or symbol
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
gambling activity means an activity that requires approval
under a gaming law.
registered business name—see the Business Names Act
1963, dictionary.
insert
152A External visibility of gaming
machines
(1) A licensee commits an offence if a gaming machine, or any peripheral
equipment for a gaming machine, can be seen from outside the licensed
premises.
Maximum penalty: 50 penalty units.
(2) An offence against subsection (1) is a strict liability
offence.
18 Approval
of community contributions Section 164
(3) (b) (iv)
substitute
(iv) capital payments for assets owned, controlled or being acquired by
the licensee or an associated organisation that are not available to be used by
the public;
insert
171A Problem gambling community
contributions
(1) For every $3 of problem gambling community contributions that a
licensee contributes to an entity under section 164 (1), the licensee’s
required community contributions must be worked out as if the licensee had
contributed $4.
(2) In this section:
problem gambling community contributions means community
contributions that the commission is satisfied will assist in—
(a) alleviating problem gambling; or
(b) alleviating the disadvantages that arise from problem gambling;
or
(c) providing information about problem gambling.
20 Reviewable
decisionsSchedule 1, new items 9A and
9B
insert
9A
|
cancelling or suspending a supplier’s approval under section
73A
|
9B
|
reprimanding a supplier under section 73A
|
Schedule
1 Casino Control Act
2006
(see s 3)
[1.1] New
section 7 (2) (f)
insert
(f) at any time in the last 12 months the individual had—
(i) an application for a casino employee licence refused, on the basis
that the individual provided false or misleading information, in the
application; or
(ii) a casino employee licence cancelled under part 4.
Schedule
2 Gaming Machine Regulation
2004
(see s 3)
[2.1] Section
64, examples of contributions that may support the development of a community or
help to raise the standard of living of a community, example
2
substitute
2 drug and alcohol support
insert
64A Guidelines for approving contributions as problem
gambling community contributions—Act, s 164 (2) (a)
The commission may approve a contribution as a problem gambling community
contribution only if the contribution is made for—
(a) counselling or support services for problem gamblers that are not
provided by the licensee; or
(b) training or education programs on the recognition and avoidance of
problem gambling; or
(c) public awareness campaigns for problem gambling; or
(d) programs to research and collect data on problem gambling.
Example—par (a)
counselling or support services provided by Lifeline Canberra Inc, the
Salvation Army or Anglicare
Examples—par (b)
1 the development and delivery of an education program that assists in
recognising and avoiding problem gambling
2 the development and delivery of an education program that trains staff in
effectively providing services to address problem gambling
Example—par (d)
research by a national research centre on the implications of problem
gambling for the community
Note An example is part of the
regulation, is not exhaustive and may extend, but does not limit, the meaning of
the provision in which it appears (see Legislation Act, s 126 and s
132).
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2007.
2 Notification
Notified under the Legislation Act on 2007.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2007
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