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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Gambling Harm Reduction (Protecting
Problem Gamblers and Other Measures)
Bill 2014
No. , 2014
(Mr Wilkie)
A Bill for an Act to provide a regulatory
framework for poker machines that will reduce the
harm to problem gamblers, and for related
purposes
Gambling Harm Reduction (Protecting Problem Gamblers and Other Measures) Bill 2014
No. , 2012 i
Contents
Part 1--Preliminary
1
1 Short title ...................................................................................................... 1
2 Commencement ............................................................................................ 1
3 Object of Act ................................................................................................. 2
4 Application of Act ........................................................................................ 2
5 Relationship with State and Territory law .................................................... 2
6 Definitions .................................................................................................... 2
7 Constitutional limitations .............................................................................. 3
Part 2--Restrictions on the operation of poker machines
4
8 Management and utilisation of poker machines ............................................ 4
9 Regulation of parameters of practical operation of poker machines ............. 5
10 Variation of parameters of practical operation of poker machines ............. 5
Part 3--Implementation of mandatory precommitment
capabilities
6
11 Poker machines to be capable of precommitment ....................................... 6
12 Mandatory registration process for users .................................................... 6
13 Identification requirements during registration ........................................... 7
14 Self exclusion from poker machines--setting a loss limit of $0 ................. 7
15 Requirements for limit periods ................................................................... 7
16 Changing loss limits and limit periods after initial registration .................. 8
17 When changes to loss limits or limit periods may take effect ..................... 9
18 Identification of registered user .................................................................. 9
19 Monitoring and transmitting expenditure and winnings ........................... 10
20 Precommitment information for registered user ....................................... 11
21 No use of poker machine after loss limit reached ..................................... 12
22 Capability requirement for precommitment systems ................................ 13
23 Transaction statement for registered user ................................................. 13
24 Additional requirements for precommitment systems .............................. 14
25 Approving precommitment systems and variations to approved
terms and conditions ........................................................................ 14
26 Notification of approvals .......................................................................... 15
27 Changes to precommitment requirements ................................................. 16
28 Revocation of approvals ........................................................................... 16
29 Reviewable decisions before the AAT ...................................................... 16
Part 4--ATM withdrawal limit for poker machine premises
17
30 ATM withdrawal limit for poker machine premises ................................. 17
31 Indexation ................................................................................................. 17
32 Anti-avoidance--determination of poker machine premises .................... 17
33 Exemptions from the operation of Part 4 .................................................. 18
34 Reviewable decisions before the AAT ...................................................... 19
ii Gambling Harm Reduction (Protecting Problem Gamblers and Other Measures) Bill 2014
No. , 2012
Part 5--The Regulator
20
35 The Regulator ........................................................................................... 20
36 Functions of the Regulator ........................................................................ 20
37 Powers of the Regulator ............................................................................ 20
38 Regulator may charge for services ............................................................ 21
39 Arrangements with other agencies ............................................................ 21
40 Consultants ............................................................................................... 21
41 Minister may give directions to the Regulator .......................................... 21
42 Annual report ............................................................................................ 21
Part 6--Civil penalties
23
43 Pecuniary penalties for contravention of civil penalty provisions ............ 23
44 Contravening a civil penalty provision is not an offence .......................... 24
45 Recovery of a pecuniary penalty ............................................................... 24
Part 7--Minimum uniform national standards and national
monitoring network
25
46 Uniform national standards and national monitoring network .................. 25
Part 8--Miscellaneous
26
47 Regulations ............................................................................................... 26
Gambling Harm Reduction (Protecting Problem Gamblers and Other Measures) Bill 2014
No. , 2012 1
A Bill for an Act to provide a regulatory
1
framework for poker machines that will reduce the
2
harm to problem gamblers, and for related
3
purposes
4
The Parliament of Australia enacts:
5
Part 1--Preliminary
6
7
1 Short title
8
This Act may be cited as the Gambling Harm Reduction
9
(Protecting Problem Gamblers and Other Measures) Bill 2014.
10
2 Commencement
11
This Act commences the day on which it receives Royal Assent.
12
Part 1 Preliminary
Section 3
2 Gambling Harm Reduction (Protecting Problem Gamblers and Other Measures) Bill
2014 No. , 2012
3 Object of Act
1
The object of this Act is to
reduce the harm caused by problem
2
poker machine gambling, by limiting the rate of poker
3
machine losses that can occur, through the regulation of the
4
parameters of the practical operation of poker machines
.
5
4 Application of Act
6
This Act extends to the external Territories.
7
5 Relationship with State and Territory law
8
This Act is not intended to exclude or limit the concurrent
9
operation of any law of a State or Territory, to the extent that the
10
law is capable of operating concurrently with this Act.
11
6 Definitions
12
In this Act:
13
Australia, when used in a geographical sense, includes the external
14
Territories.
15
automatic teller machine means any device that acts a banking
16
terminal and dispenses cash to users facilitated by inserting a cash
17
or credit card containing the user's account number and PIN on a
18
magnetic stripe including, inter alia, a unit containing cash and
19
cash out facilities operated through EFTPOS machines.
20
civil penalty provision has the meaning given by subsection 8(6).
21
corporation means a corporation to which paragraph 51(xx) of the
22
Constitution applies.
23
game, in relation to a poker machine, means a play, or a series of
24
plays, initiated by the application of a monetary credit registered
25
on the machine.
26
jackpot, in relation to a poker machine, means the combination of
27
letters, numbers, symbols or representations as part of a game on
28
Preliminary Part 1
Section 7 Constitutional limitations
Gambling Harm Reduction (Protecting Problem Gamblers and Other Measures) Bill 2014
No. , 2012 3
that machine that pays the maximum winnings payable on that
1
machine for any one combination.
2
licence means a poker machine licence issued under a law of a
3
State or Territory relating to poker machines.
4
licensed venue means a venue for which a licence is in force.
5
linked-jackpot arrangement means an arrangement under which a
6
single jackpot operates over two or more poker machines.
7
precommitment means the ability of players to, prior to
8
commencing play, set a limit on the total amount they are prepared
9
to wager for a certain period and, when this limit is reached, the
10
player is unable continue play.
11
poker machine includes:
12
(a) gaming machine; and
13
(b) any machine licensed or required to be licensed for use in a
14
State or Territory as a poker machine or gaming machine.
15
7 Constitutional limitations
16
(1) A power conferred by this Act must not be exercised in such a way
17
as to:
18
(a) discriminate between States or parts of States within the
19
meaning of paragraph 51(ii) of the Constitution; or
20
(b) give preference to one State or any part of a State within the
21
meaning of section 99 of the Constitution.
22
(2) A power conferred by this Act must not be exercised in such a way
23
that the exercise would infringe section 92 of the Constitution.
24
Part 2 Restrictions on the operation of poker machines
Section 8
4 Gambling Harm Reduction (Protecting Problem Gamblers and Other Measures) Bill
2014 No. , 2012
Part 2--Restrictions on the operation of poker
1
machines
2
3
8 Management and utilisation of poker machines
4
(1) A corporation must not, after 31 December 2015, sell or lease, or
5
offer to sell or lease, a poker machine for use in Australia unless
6
the machine is capable of complying with each requirement in
7
section 9 and Part 3.
8
(2) A corporation must not, after 31 December 2019, sell or lease, or
9
offer to sell or lease, a poker machine for use in Australia unless
10
the machine complies with each requirement in section 9 and
11
Part 3.
12
(3) A corporation that operates a licensed venue with more than five
13
(5) poker machines must not, after 31 December 2019, acquire,
14
install, own, operate or lease a poker machine unless the machine
15
complies with each requirement in section 9 and Part 3.
16
(4) A corporation that operates a licensed venue with five (5) or fewer
17
poker machines must not, after 31 December 2021, acquire, install,
18
own, operate or lease a poker machine unless the machine
19
complies with each requirement in section 9 and Part 3.
20
(5) A person must not:
21
(a) aid, abet, counsel or procure a contravention of
22
subsection (1), (2), (3) or (4); or
23
(b) induce, whether by threats or promises or otherwise, a
24
contravention of subsection (1), (2), (3) or (4); or
25
(c) be in any way, directly or indirectly, knowingly concerned in,
26
or party to, a contravention of subsection (1), (2), (3) or (4);
27
or
28
(d) conspire with others to effect a contravention of
29
subsection (1), (2), (3) or (4).
30
(6) Subsections (1), (2), (3), (4) and (5) are civil penalty provisions
31
and subject to pecuniary penalties provided for in Part 6.
32
Restrictions on the operation of poker machines Part 2
Section 9
Gambling Harm Reduction (Protecting Problem Gamblers and Other Measures) Bill 2014
No. , 2012 5
9 Regulation of parameters of practical operation of poker machines
1
Bank note denomination
2
(1) The poker machine must not accept banknotes of a denomination
3
greater than $20.
4
Entering credits
5
(2) The poker machine must not be capable of accepting additional
6
credits from a player if the machine stands in credit to the player to
7
the value of $20 or more.
8
Maximum bet
9
(3) The poker machine must not be capable of allowing a maximum
10
bet in excess of $1 per spin.
11
Jackpots and linked-jackpot arrangements
12
(4) The poker machine must not have a jackpot or a linked-jackpot
13
arrangement greater than $500.
14
Mandatory precommitment
15
(5) The poker machine must be fitted with an operating a
16
precommitment system (see Part 3) approved under section 25(1).
17
10 Variation of parameters of practical operation of poker machines
18
The regulations may provide for, or in relation to, the reduction of
19
the amounts set out in subsections 9(1), (2), (3) and (4).
20
Part 3 Implementation of mandatory precommitment capabilities
Section 11
6 Gambling Harm Reduction (Protecting Problem Gamblers and Other Measures) Bill
2014 No. , 2012
Part 3--Implementation of mandatory
1
precommitment capabilities
2
11 Poker machines to be capable of precommitment
3
All poker machines :
4
(a) must be fitted with operational precommitment capabilities;
5
and
6
(b) the precommitment system for the poker machine must
7
comply with the requirements of this Part; and
8
(c) the precommitment system for the poker machine must be an
9
approved precommitment system in accordance with
10
section 25(1).
11
12 Mandatory registration process for users
12
(1) A precommitment system for a State or Territory must require a
13
person to register a loss limit for the State or Territory through that
14
system.
15
(2) A precommitment system for a State or Territory must, as part of
16
the registration process, provide the person who registers with a
17
limit period for the State or Territory in accordance with
18
section 15.
19
Information to be provided on registration
20
(3) A precommitment system for the State or Territory must inform the
21
person who has registered of the following, as part of the
22
registration process:
23
(a) that the person's loss limit for the State or Territory applies
24
for the person's limit period for the State or Territory;
25
(b) when the person's first limit period for the State or Territory
26
starts;
27
(c) that each limit period for the State or Territory starts
28
immediately after the previous limit period ends (unless the
29
system allows a person to change when a person's limit
30
period starts).
31
Implementation of mandatory precommitment capabilities
Part 3
Section 13
Gambling Harm Reduction (Protecting Problem Gamblers and Other Measures) Bill 2014
No. , 2012 7
(4) The regulations may prescribe requirements relating to the form,
1
frequency, content and position of the information provided for the
2
purposes of subsection (3).
3
13 Identification requirements during registration
4
(1) A precommitment system for a State or Territory may use a
5
signature or photograph to identify a person who chooses to
6
register through the precommitment system.
7
(2) A precommitment system for a State or Territory must not use
8
biometric processes to identify a person who chooses to register
9
through the precommitment system.
10
(3) The regulations may:
11
(a) prescribe a manner of identifying a person who chooses to
12
register through a precommitment system for a State or
13
Territory (subject to subsection (2)); and
14
(b) prohibit a manner of identifying a person who chooses to
15
register through a precommitment system for a State or
16
Territory.
17
(4) A precommitment system for a State or Territory must comply
18
with regulations made for the purposes of subsection (3).
19
14 Self exclusion from poker machines--setting a loss limit of $0
20
(1) A person may, through a precommitment system for a State or
21
Territory, set a loss limit for the State or Territory of $0 having the
22
effect that the person is unable to place bets on poker machines in
23
that State or Territory.
24
(2) The regulations may prescribe requirements for precommitment
25
systems in relation to persons who set loss limits of $0.
26
15 Requirements for limit periods
27
(1) A precommitment system for a State or Territory must ensure that
28
a person's limit period for that State or Territory complies at all
29
times with this section.
30
Part 3 Implementation of mandatory precommitment capabilities
Section 16
8 Gambling Harm Reduction (Protecting Problem Gamblers and Other Measures) Bill
2014 No. , 2012
Length of limit period
1
(2) Every limit period must be at least 24 hours (including a limit
2
period during which a person makes a change referred to in
3
section 16).
4
(3) A precommitment system for a State or Territory may (but does
5
not have to) allow the person to nominate the length of his or her
6
limit period for the State or Territory (subject to subsection (2)).
7
(4) If a precommitment system for a State or Territory does not allow a
8
person to nominate the length of his or her limit period for the
9
State or Territory, the limit period must be 24 hours.
10
Starting time for limit periods
11
(5) A person's first limit period may starts upon registration.
12
(6) A person's limit period for a State or Territory (other than a
13
person's first limit period) must start immediately after the
14
previous limit period ends.
15
16 Changing loss limits and limit periods after initial registration
16
Loss limits
17
(1) A precommitment system for a State or Territory must require a
18
person who is registered for the State or Territory to do the
19
following:
20
(a) to set a loss limit for the State or Territory; or
21
(b) to change the amount of that person's loss limit for the State
22
or Territory.
23
Limit periods
24
(2) A precommitment system for a State or Territory that allows a
25
person to nominate the length of his or her limit period for the
26
State or Territory must allow the person to change the length of
27
that limit period (subject to subsection 15(2)).
28
Implementation of mandatory precommitment capabilities
Part 3
Section 17
Gambling Harm Reduction (Protecting Problem Gamblers and Other Measures) Bill 2014
No. , 2012 9
17 When changes to loss limits or limit periods may take effect
1
(1) This section applies in relation to a person who is registered for a
2
State or Territory.
3
Loosening limits
4
(2) If any of the following changes are made through a precommitment
5
system for the State or Territory during the person's limit period
6
for the State or Territory, the precommitment system must prevent
7
the change from taking effect until after the end of the limit period:
8
(a) an increase in the person's loss limit for the State or
9
Territory;
10
(b) a decrease in the length of the person's limit period for the
11
State or Territory.
12
Tightening limits
13
(3) If any of the following changes are made through a precommitment
14
system for the State or Territory during the person's limit period
15
for the State or Territory, the precommitment system must enable
16
the change to take effect as soon as practicable:
17
(a) a decrease in the person's loss limit for the State or Territory;
18
(b) an increase in the person's limit period for the State or
19
Territory;
20
18 Identification of registered user
21
(1) A person who uses a poker machine as a registered user that is
22
located in a State or Territory must identify himself or herself to
23
the precommitment system for the poker machine, in accordance
24
with this section, as registered for the State or Territory.
25
(2) The precommitment system must prevent the person from using
26
the poker machine as a registered user unless the person has done
27
so.
28
Part 3 Implementation of mandatory precommitment capabilities
Section 19
10 Gambling Harm Reduction (Protecting Problem Gamblers and Other Measures) Bill
2014 No. , 2012
Requirements for identification
1
(3) A precommitment system for a State or Territory must not use
2
biometric processes to identify whether a person is registered for
3
the State or Territory.
4
(4) The regulations may:
5
(a) prescribe a manner of identifying whether a person is
6
registered for a State or Territory (subject to subsection (3));
7
and
8
(b) prohibit a manner of identifying a person as registered for a
9
State or Territory.
10
(5) A precommitment system for a State or Territory must comply
11
with regulations made for the purposes of subsection (4).
12
19 Monitoring and transmitting expenditure and winnings
13
(1) This section applies when a person uses, as a registered user, a
14
poker machine that is located in a State or Territory.
15
(2) The precommitment system for the poker machine must monitor
16
the following:
17
(a) each amount of money or credit that the person spends using
18
that machine during the person's session of use as a
19
registered user;
20
(b) each amount of money or credit that the person wins from
21
that machine during the person's session of use as a
22
registered user.
23
(3) At the end of the person's session of use, as a registered user, of
24
the poker machine, the precommitment system for the poker
25
machine must transmit the totals of the amounts referred to in
26
paragraphs (2)(a) and (b) in accordance with the regulations.
27
(4) If the person's limit period ends before his or her session of use, as
28
a registered user, the totals monitored and recorded under
29
subsection (3) must be transmitted at the end of the person's
30
session of use in relation to each limit period (or any part of any
31
limit period) that occurs during the person's session of use.
32
Implementation of mandatory precommitment capabilities
Part 3
Section 20
Gambling Harm Reduction (Protecting Problem Gamblers and Other Measures) Bill 2014
No. , 2012 11
20 Precommitment information for registered user
1
(1) A precommitment system for a poker machine that is located in a
2
State or Territory must provide information in accordance with this
3
section if a person who is registered for the State or Territory uses
4
the poker machine as a registered user.
5
Information to be provided on commencement of play
6
(2) At the time the person begins to use the poker machine as a
7
registered user, the precommitment system must inform the person
8
of the following:
9
(a) the person's loss limit for the State or Territory;
10
(b) the person's limit period for the State or Territory;
11
(c) the amount that is remaining of the person's loss limit for the
12
current limit period;
13
(d) any other information prescribed by the regulations.
14
(3) In addition to the information provided under subsection (2), the
15
precommitment system may also inform the person under this
16
section of the following:
17
(a) the length of time since the person last set or changed his or
18
her loss limit for the State or Territory;
19
(b) if the system allows the person to nominate a limit period--
20
the length of time since the person last nominated or changed
21
his or her limit period for the State or Territory.
22
Information during use
23
(4) If the person uses the poker machine as a registered user for at least
24
the period of time prescribed by the regulations, the
25
precommitment system must inform the person of the following:
26
(a) the person's net losses for the State or Territory during his or
27
her current limit period for the State or Territory;
28
(b) the amount that is remaining of the person's loss limit for the
29
current limit period;
30
(c) any other information prescribed by the regulations.
31
Part 3 Implementation of mandatory precommitment capabilities
Section 21
12 Gambling Harm Reduction (Protecting Problem Gamblers and Other Measures) Bill
2014 No. , 2012
Regulations
1
(5) The regulations may prescribe requirements relating to information
2
provided for the purposes of this section (including, without
3
limitation, in relation to the form, frequency, content and position
4
of such information).
5
21 No use of poker machine after loss limit reached
6
Preventing a registered user from continuing to use a poker
7
machine
8
(1) A precommitment system for a poker machine that is located in a
9
State or Territory must prevent a person from continuing to use the
10
poker machine as a registered user if:
11
(a) the person uses the poker machine as a registered user; and
12
(b) during the person's limit period for the State or Territory, the
13
person's loss limit for the State or Territory is reached (see
14
subsection (3)).
15
(2) The person must be prevented from continuing to use the poker
16
machine as a registered user as soon as the person's loss limit for
17
the State or Territory is first reached (see subsection (3)).
18
(3) A person's loss limit for a State or Territory is reached if:
19
(a) the person makes a bet on a poker machine that is located in
20
the State or Territory; and
21
(b) after the bet is made, the person's net losses for the State or
22
Territory during the person's limit period for the State or
23
Territory equal or exceed the person's loss limit for the State
24
or Territory.
25
Preventing a registered user from using a poker machine
26
(4) A precommitment system for a poker machine that is located in a
27
State or Territory must prevent a person from using the poker
28
machine as a registered user if:
29
(a) during the person's current limit period for the State or
30
Territory, the person was, under subsection (1), prevented
31
from continuing to use a poker machine that is located in the
32
State or Territory; or
33
Implementation of mandatory precommitment capabilities
Part 3
Section 22
Gambling Harm Reduction (Protecting Problem Gamblers and Other Measures) Bill 2014
No. , 2012 13
(b) the person has a loss limit of $0 for the State or Territory.
1
22 Capability requirement for precommitment systems
2
(1) As part of the requirements set out in this Part 3, a precommitment
3
system for a poker machine that is located in a State or Territory
4
must have the capability to prevent a person who is not registered
5
for the State or Territory from using the poker machine and every
6
poker machine in that State or Territory.
7
(2) To avoid doubt a precommitment system must be set up so as to
8
require registration prior to a person being able to place bets, and
9
must be linked to all other poker machines in the State or Territory
10
to require a person to register in that State or Territory before that
11
person can place any bets in the State or Territory.
12
23 Transaction statement for registered user
13
(1) A precommitment system for a State or Territory must, on request
14
by a person who is registered for the State or Territory, provide the
15
person with the person's transaction statement in accordance with
16
this section.
17
(2) A person's transaction statement is a written statement of the
18
following:
19
(a) the person's loss limit for the State or Territory;
20
(b) the length of time since the person last set or changed his or
21
her loss limit;
22
(c) the amount of money or credit that the person has spent
23
using, and won from, poker machines in the State or
24
Territory that the person has used as a registered user during:
25
(i) the previous 12 months; and
26
(ii) the person's current limit period for the State or
27
Territory;
28
(d) the number of times during the previous 12 months that the
29
person was prevented under section 21 from using, or
30
continuing to use, a poker machine as a registered user.
31
(3) A person who is provided with a transaction statement must not be
32
charged a fee for the transaction statement.
33
Part 3 Implementation of mandatory precommitment capabilities
Section 24
14 Gambling Harm Reduction (Protecting Problem Gamblers and Other Measures) Bill
2014 No. , 2012
Regulations
1
(4) The regulations may prescribe requirements in relation to
2
transaction statements.
3
24 Additional requirements for precommitment systems
4
The regulations may prescribe additional requirements in relation
5
to precommitment systems.
6
25 Approving precommitment systems and variations to approved
7
terms and conditions
8
Approving precommitment systems
9
(1) The Regulator may (subject to subsection (2)) approve, in writing,
10
a precommitment system for a State or Territory if the Regulator is
11
satisfied that:
12
(a) an application has been made to approve the precommitment
13
system for the State or Territory, and any fee prescribed by
14
the regulations has been paid for the application; and
15
(b) the precommitment system complies with the requirements of
16
Part 3; and
17
(c) the terms and conditions on which the precommitment
18
system would be provided are reasonable, taking into account
19
the matters prescribed by the regulations.
20
(2) The Regulator may (under subsection (1)) refuse to approve a
21
precommitment system for a State or Territory if the Regulator is
22
satisfied that, despite the precommitment system complying with
23
the requirements of Part 3, the precommitment system includes one
24
or more features that are incompatible with the object of this Act
25
(see section 3). This is a reviewable decision.
26
(3) If the Regulator approves a precommitment system for a State or
27
Territory under subsection (1), the Regulator is taken to have
28
approved the terms and conditions on which the precommitment
29
system would be provided.
30
Implementation of mandatory precommitment capabilities
Part 3
Section 26
Gambling Harm Reduction (Protecting Problem Gamblers and Other Measures) Bill 2014
No. , 2012 15
Approving variations of approved terms and conditions
1
(4) The Regulator may approve, in writing, a variation to the approved
2
terms and conditions for a precommitment system for a State or
3
Territory if the Regulator is satisfied that those terms and
4
conditions as varied are reasonable, taking into account the matters
5
prescribed by the regulations.
6
26 Notification of approvals
7
Giving copies of approvals of precommitment systems
8
(1) As soon as practicable after giving an approval for a
9
precommitment system for a State or Territory under subsection
10
25(1), the Regulator must give the applicant a copy of the
11
approval.
12
(2) The approval must set out the approved terms and conditions for
13
the precommitment system.
14
Approving varied terms and conditions
15
(3) If the Regulator approves a variation to the approved terms and
16
conditions for a precommitment system for a State or Territory, the
17
Regulator must vary the approval of the precommitment system to
18
include the variation to the approved terms and conditions.
19
Length of approvals of precommitment system
20
(4) An approval of a precommitment system for a State or Territory
21
has effect for 10 years (unless it is revoked earlier).
22
Publishing approvals
23
(5) The Regulator may publish a copy of an approval of a
24
precommitment system for a State or Territory (including an
25
approval as varied under subsection (3)) by any means the
26
Regulator considers appropriate.
27
Part 4 ATM withdrawal limit for poker machine premises
Section 27
16 Gambling Harm Reduction (Protecting Problem Gamblers and Other Measures) Bill
2014 No. , 2012
27 Changes to precommitment requirements
1
To avoid doubt, a change to regulations made for the purposes of
2
Part 3 of this Chapter applies to any approved precommitment
3
system.
4
28 Revocation of approvals
5
(1) The Regulator may revoke an approval of a precommitment system
6
for a State or Territory if the Regulator is satisfied that:
7
(a) the precommitment system does not comply with the
8
requirements of Part 3; or
9
(b) despite the precommitment system complying with the
10
requirements of Part 3, the precommitment system includes
11
one or more features that are incompatible with the object of
12
this Act (see section 3); or
13
(c) the precommitment system is being provided on terms and
14
conditions other than the approved terms and conditions.
15
(2) The Regulator must publish a notice revoking an approval of a
16
precommitment system for a State or Territory by any means the
17
Regulator considers appropriate.
18
29 Reviewable decisions before the AAT
19
(1) Applications may be made (subject to the Administrative Appeals
20
Tribunal Act 1975) to the Administrative Appeals Tribunal for
21
review of decisions made under section 25 and 28.
22
(2) In this section:
23
decision has the same meaning as in the Administrative Appeals
24
Tribunal Act 1975.
25
26
ATM withdrawal limit for poker machine premises Part 4
Section 30
Gambling Harm Reduction (Protecting Problem Gamblers and Other Measures) Bill 2014
No. , 2012 17
Part 4--ATM withdrawal limit for poker machine
1
premises
2
30 ATM withdrawal limit for poker machine premises
3
(1) An automatic teller machine that is on poker machine premises
4
must not allow a person to withdraw more than the cash limit.
5
(2) A person withdraws more than the cash limit from an automatic
6
teller machine that is on premises if, after the person withdraws
7
cash from the automatic teller machine, the person has withdrawn,
8
using any one card, more than $250 cash in total in a period of 24
9
hours from that or any other automatic teller machine that is on the
10
premises.
11
(3) Nothing in this Part 4 is intended to affect a law of a State or
12
Territory that is capable of operating concurrently such as, inter
13
alia, a law that prohibits automatic teller machines from being on
14
poker machine premises.
15
31 Indexation
16
(1) The regulations may specify:
17
(a) an index for the purposes of this section; and
18
(b) the manner of working out an increase in the amount of cash
19
mentioned in subsection 30(2) by reference to the movement
20
of that index over the year ending each 31 December.
21
(2) The amount of cash referred to in subsection 30(2), for a year in
22
which there is an increase in the specified index, is increased in the
23
manner prescribed by the regulations.
24
32 Anti-avoidance--determination of poker machine premises
25
(1) The Regulator may make a determination under this section if:
26
(a) at any time after this Act commences, a person provides an
27
automatic teller machine at a place; and
28
(b) it would be concluded that the person who provided the
29
automatic teller machine at that place did so for the sole or
30
Part 4 ATM withdrawal limit for poker machine premises
Section 33
18 Gambling Harm Reduction (Protecting Problem Gamblers and Other Measures) Bill
2014 No. , 2012
dominant purpose of enabling a person in receipt of the
1
automatic teller machine to avoid the operation of this Part or
2
Part 3, having regard to the following matters:
3
(i) the place at which, and the manner in which, the
4
automatic teller machine was provided;
5
(ii) the time when automatic teller machine began to be
6
provided at that place.
7
Determination of poker machine premises
8
(2) For the purposes of this Part, and any other provision of this Act to
9
the extent that it relates to this Part, the Regulator may, in writing,
10
determine that the place is, or is part of, poker machine premises.
11
(3) A determination under subsection (2) is not a legislative
12
instrument.
13
(4) For the purposes of subsection (1), it is immaterial whether the
14
person in receipt of the automatic teller machine is the person
15
mentioned in paragraph (1)(a).
16
33 Exemptions from the operation of Part 4
17
(1) The regulations may prescribe premises which are exempt from the
18
operation of this Part 4.
19
(2) The regulations may also prescribe conditions that must be
20
complied with in order for the premises to be exempt.
21
(3) A person who occupies poker machine premises may apply to the
22
Regulator for the premises to be exempt from the operation of
23
section 30.
24
(4) The Regulator may exempt those premises, in writing, from the
25
operation of that Part if the Regulator is satisfied that compliance
26
with the Part will cause unreasonable inconvenience to members of
27
the community where the premises are located.
28
(5) The Regulator may specify, in the exemption, conditions that must
29
be satisfied in order for the exemption to apply and may, in
30
writing, vary or revoke such conditions.
31
(7) An exemption is not a legislative instrument.
32
Regulator Part 5
Section
Gambling Harm Reduction (Protecting Problem Gamblers and Other Measures) Bill 2014
No. , 2012 19
34 Reviewable decisions before the AAT
1
(1) Applications may be made (subject to the Administrative Appeals
2
Tribunal Act 1975) to the Administrative Appeals Tribunal for
3
review of:
4
(a) decisions made under section 32 and 33; or
5
(b) reviewable decisions made by the Regulator personally in
6
accordance with subsection 33(3) and (4).
7
(2) In this section:
8
decision has the same meaning as in the Administrative Appeals
9
Tribunal Act 1975.
10
11
Part 5 Regulator
Section 35
20 Gambling Harm Reduction (Protecting Problem Gamblers and Other Measures) Bill
2014 No. , 2012
Part 5--The Regulator
1
35 The Regulator
2
The Regulator is the Secretary of the Department.
3
36 Functions of the Regulator
4
The Regulator has the following functions:
5
(a) to administer this Act;
6
(b) to monitor, promote, investigate and enforce compliance with
7
this Act;
8
(c) to collect, analyse, interpret and disseminate information
9
about the operation of this Act;
10
(d) to monitor and evaluate the operation of this Act;
11
(e) to provide information and advice to:
12
(i) the Minister; and
13
(ii) the States and Territories; and
14
(iii) the public;
15
about the operation of this Act;
16
(f) to undertake or commission research in relation to the
17
operation of this Act;
18
(g) to cooperate with the States and Territories, and other
19
relevant persons, in administering this Act;
20
(h) such other functions as are conferred on the Regulator by this
21
Act or any other law of the Commonwealth.
22
37 Powers of the Regulator
23
The Regulator has power to do all things necessary or convenient
24
to be done in connection with the performance of the Regulator's
25
functions.
26
Regulator Part 5
Section 38
Gambling Harm Reduction (Protecting Problem Gamblers and Other Measures) Bill 2014
No. , 2012 21
38 Regulator may charge for services
1
(1) The Regulator may, by legislative instrument, specify fees for
2
services provided by, or on behalf of, the Regulator in the
3
performance of his or her functions.
4
(2) A fee specified under subsection (1) must not be such as to amount
5
to taxation.
6
39 Arrangements with other agencies
7
The Regulator may make an arrangement with an agency of the
8
Commonwealth, or of a State or a Territory, for the services of
9
officers or employees of the agency to be made available to assist
10
the Regulator in performing his or her functions or duties, or
11
exercising his or her powers.
12
40 Consultants
13
The Regulator may, on behalf of the Commonwealth, engage
14
consultants to assist in the performance of the Regulator's
15
functions.
16
41 Minister may give directions to the Regulator
17
(1) The Minister may, by legislative instrument, give a direction to the
18
Regulator in relation to the performance of the Regulator's
19
functions and the exercise of the Regulator's powers.
20
(2) However, the Minister must not give a direction in relation to a
21
particular case.
22
(3) The Regulator must comply with a direction given under
23
subsection (1).
24
42 Annual report
25
(1) The Regulator must prepare and give to the Minister a report on the
26
operation of this Act during each financial year.
27
(2) The Regulator must do so as soon as practicable after the end of
28
each financial year.
29
Part 6 Civil penalties
Section 42
22 Gambling Harm Reduction (Protecting Problem Gamblers and Other Measures) Bill
2014 No. , 2012
(3) The report must be included in the Department's annual report for
1
that financial year.
2
(4) Without limiting subsection (1), a report for a financial year must
3
include information in relation to the following:
4
(a) any offence against this Act of which a person was convicted
5
during the year, and the penalty imposed on the person;
6
(b) any civil penalty provision in relation to which a civil penalty
7
order was made against a person during the year, and the
8
amount of any penalty that the person was ordered to pay to
9
the Commonwealth;
10
(c) any action taken in order to enforce this Act;
11
(d) any other matter specified by the regulations.
12
13
Civil penalties Part 6
Section 43
Gambling Harm Reduction (Protecting Problem Gamblers and Other Measures) Bill 2014
No. , 2012 23
Part 6--Civil penalties
1
43 Pecuniary penalties for contravention of civil penalty provisions
2
Application for order
3
(1) Within 6 years of a person (the wrongdoer) contravening a civil
4
penalty provision, the Minister may apply on behalf of the
5
Commonwealth to the Federal Court of Australia for an order that
6
the wrongdoer pay the Commonwealth a pecuniary penalty.
7
Court may order wrongdoer to pay pecuniary penalty
8
(2) If the Court is satisfied that a person has contravened a civil
9
penalty provision, the Court may order the person to pay to the
10
Commonwealth such pecuniary penalty, in respect of each
11
contravention, as the Court determines to be appropriate.
12
Determining amount of pecuniary penalty
13
(3) In determining the pecuniary penalty, the Court must have regard
14
to all relevant matters, including:
15
(a) the nature, extent and circumstances of the contravention;
16
and
17
(b) the nature and extent of any loss or damage suffered as a
18
result of the contravention; and
19
(c) whether the person has previously been found by the Court in
20
proceedings under this Act to have engaged in any similar
21
conduct.
22
(4) In assessing the extent of any loss or damage, the Court may
23
consider the harm that is caused to vulnerable people, to their
24
families and to Australian society by the use of poker machines.
25
(5) The pecuniary penalty payable under subsection (2) is not to
26
exceed:
27
(a) in the case of two or fewer machines affected by a
28
contravention, 500 penalty units for each poker machine
29
affected by a contravention; or
30
Part 6 Civil penalties
Section 44
24 Gambling Harm Reduction (Protecting Problem Gamblers and Other Measures) Bill
2014 No. , 2012
(b) in the case of three or more machines affected by a
1
contravention, 2,000 penalty units for each poker machine
2
affected by a contravention.
3
(6) A failure to comply with more than one subsection in section 9,
4
Part 3 or 4 constitutes more than one contravention of a civil
5
penalty provision even if that contravention relates to the same
6
conduct.
7
(7) A person who contravenes a civil penalty provision commits a
8
separate contravention of that provision in respect of each day
9
(including a day of the making of a relevant civil penalty order or
10
any subsequent day) during which the contravention continues.
11
(8) A person who contravenes a civil penalty provision commits a
12
separate contravention of that provision in respect of each machine
13
that is affected by the contravention.
14
(9) The pecuniary penalty payable under subsection (2) for such a
15
separate contravention in respect of a particular day must not
16
exceed 10% of the maximum pecuniary penalty that could have
17
been imposed for the contravention if subsection (7) had not been
18
enacted.
19
44 Contravening a civil penalty provision is not an offence
20
A contravention of a civil penalty provision is not an offence.
21
45 Recovery of a pecuniary penalty
22
If the Federal Court orders a person to pay a pecuniary penalty:
23
(a) the penalty is payable to the Commonwealth; and
24
(b) the Commonwealth may enforce the order as if it were a
25
judgment of the Court.
26
Minimum uniform national standards and national monitoring network Part 7
Section 46
Gambling Harm Reduction (Protecting Problem Gamblers and Other Measures) Bill 2014
No. , 2012 25
Part 7--Minimum uniform national standards and
1
national monitoring network
2
46 Uniform national standards and national monitoring network
3
(1) The Minister must take all reasonable steps to ensure that, in
4
consultation with the Council of Australian Governments and the
5
Ministerial Council on Gambling:
6
(a) minimum uniform national standards for poker machines are
7
developed that encompass harm minimisation best practice,
8
with particular reference to maximum losses; and
9
(b) the minimum uniform national standards developed under
10
paragraph (a) are in place and take effect from 1 January
11
2019; and
12
(c) a national poker machine monitoring network is established.
13
(2) Consultation in accordance with subsection (1) must commence
14
within 90 days of this Act receiving the Royal Assent.
15
Part 8 Miscellaneous
Section 47
26 Gambling Harm Reduction (Protecting Problem Gamblers and Other Measures) Bill
2014 No. , 2012
Part 8--Miscellaneous
1
47 Regulations
2
The Governor-General may make regulations prescribing matters:
3
(a) required or permitted by this Act to be prescribed; or
4
(b) necessary or convenient to be prescribed for carrying out or
5
giving effect to this Act.
6