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This is a Bill, not an Act. For current law, see the Acts databases.
2016
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 2016
No. , 2016
(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
No. , 2016
Gambling Harm Reduction (Protecting Problem Gamblers and Other
Measures) Bill 2016
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Object of Act ..................................................................................... 2
4
Application of Act ............................................................................. 2
5
Relationship with State and Territory law ......................................... 2
6
Definitions ......................................................................................... 3
7
Constitutional limitations .................................................................. 4
Part 2--Restrictions on the operation of poker machines
5
8
Management and utilisation of poker machines ................................ 5
9
Regulation of parameters of practical operation of poker
machines ............................................................................................ 6
10
Variation of parameters of practical operation of poker
machines ............................................................................................ 6
Part 3--Implementation of mandatory precommitment
capabilities
7
11
Poker machines to be capable of precommitment.............................. 7
12
Mandatory registration process for users ........................................... 7
13
Identification requirements during registration .................................. 8
14
Self exclusion from poker machines--setting a loss limit of
$0 ....................................................................................................... 8
15
Requirements for limit periods .......................................................... 9
16
Changing loss limits and limit periods after initial
registration ......................................................................................... 9
17
When changes to loss limits or limit periods may take effect .......... 10
18
Identification of registered user ....................................................... 10
19
Monitoring and transmitting expenditure and winnings .................. 11
20
Precommitment information for registered user .............................. 12
21
No use of poker machine after loss limit reached ............................ 13
22
Capability requirement for precommitment systems ....................... 14
23
Transaction statement for registered user ........................................ 14
24
Additional requirements for precommitment systems ..................... 15
25
Approving precommitment systems and variations to
approved terms and conditions ........................................................ 15
26
Notification of approvals ................................................................. 16
27
Changes to precommitment requirements ....................................... 17
28
Revocation of approvals .................................................................. 17
ii
Gambling Harm Reduction (Protecting Problem Gamblers and Other
Measures) Bill 2016
No. , 2016
29
Reviewable decisions before the AAT ............................................ 18
Part 4--ATM withdrawal limit for poker machine premises
19
30
ATM withdrawal limit for poker machine premises ........................ 19
31
Indexation ........................................................................................ 19
32
Anti-avoidance--determination of poker machine premises ........... 19
33
Exemptions from the operation of Part 4 ......................................... 20
34
Reviewable decisions before the AAT ............................................ 21
Part 5--The Regulator
22
35
The Regulator .................................................................................. 22
36
Functions of the Regulator .............................................................. 22
37
Powers of the Regulator .................................................................. 22
38
Regulator may charge for services................................................... 23
39
Arrangements with other agencies ................................................... 23
40
Consultants ...................................................................................... 23
41
Minister may give directions to the Regulator ................................. 23
42
Annual report ................................................................................... 23
Part 6--Civil penalties
25
43
Pecuniary penalties for contravention of civil penalty
provisions ........................................................................................ 25
44
Contravening a civil penalty provision is not an offence ................. 26
45
Recovery of a pecuniary penalty ..................................................... 26
Part 7--Minimum uniform national standards and national
monitoring network
27
46
Uniform national standards and national monitoring network ......... 27
Part 8--Miscellaneous
28
47
Regulations ...................................................................................... 28
No. , 2016
Gambling Harm Reduction (Protecting Problem Gamblers and Other
Measures) Bill 2016
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) Act 2016.
10
Part 1 Preliminary
Section 2
2
Gambling Harm Reduction (Protecting Problem Gamblers and Other
Measures) Bill 2016
No. , 2016
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day this Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Object of Act
13
The object of this Act is to
reduce the harm caused by problem
14
poker machine gambling, by limiting the rate of poker
15
machine losses that can occur, through the regulation of the
16
parameters of the practical operation of poker machines
.
17
4 Application of Act
18
This Act extends to the external Territories.
19
5 Relationship with State and Territory law
20
This Act is not intended to exclude or limit the concurrent
21
operation of any law of a State or Territory, to the extent that the
22
law is capable of operating concurrently with this Act.
23
Preliminary Part 1
Section 6
No. , 2016
Gambling Harm Reduction (Protecting Problem Gamblers and Other
Measures) Bill 2016
3
6 Definitions
1
In this Act:
2
Australia, when used in a geographical sense, includes the external
3
Territories.
4
automatic teller machine means any device that acts a banking
5
terminal and dispenses cash to users facilitated by inserting a cash
6
or credit card containing the user's account number and PIN on a
7
magnetic stripe including, inter alia, a unit containing cash and
8
cash out facilities operated through EFTPOS machines.
9
civil penalty provision has the meaning given by subsection 8(6).
10
corporation means a corporation to which paragraph 51(xx) of the
11
Constitution applies.
12
game, in relation to a poker machine, means a play, or a series of
13
plays, initiated by the application of a monetary credit registered
14
on the machine.
15
jackpot, in relation to a poker machine, means the combination of
16
letters, numbers, symbols or representations as part of a game on
17
that machine that pays the maximum winnings payable on that
18
machine for any one combination.
19
licence means a poker machine licence issued under a law of a
20
State or Territory relating to poker machines.
21
licensed venue means a venue for which a licence is in force.
22
linked-jackpot arrangement means an arrangement under which a
23
single jackpot operates over two or more poker machines.
24
poker machine includes:
25
(a) gaming machine; and
26
(b) any machine licensed or required to be licensed for use in a
27
State or Territory as a poker machine or gaming machine.
28
precommitment means the ability of players to, prior to
29
commencing play, set a limit on the total amount they are prepared
30
Part 1 Preliminary
Section 7
4
Gambling Harm Reduction (Protecting Problem Gamblers and Other
Measures) Bill 2016
No. , 2016
to wager for a certain period and, when this limit is reached, the
1
player is unable continue play.
2
7 Constitutional limitations
3
(1) A power conferred by this Act must not be exercised in such a way
4
as to:
5
(a) discriminate between States or parts of States within the
6
meaning of paragraph 51(ii) of the Constitution; or
7
(b) give preference to one State or any part of a State within the
8
meaning of section 99 of the Constitution.
9
(2) A power conferred by this Act must not be exercised in such a way
10
that the exercise would infringe section 92 of the Constitution.
11
Restrictions on the operation of poker machines Part 2
Section 8
No. , 2016
Gambling Harm Reduction (Protecting Problem Gamblers and Other
Measures) Bill 2016
5
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 2017, 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 2021, 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 2021, 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 2023, 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
Part 2 Restrictions on the operation of poker machines
Section 9
6
Gambling Harm Reduction (Protecting Problem Gamblers and Other
Measures) Bill 2016
No. , 2016
(6) Subsections (1), (2), (3), (4) and (5) are civil penalty provisions
1
and subject to pecuniary penalties provided for in Part 6.
2
9 Regulation of parameters of practical operation of poker machines
3
Bank note denomination
4
(1) The poker machine must not accept banknotes of a denomination
5
greater than $20.
6
Entering credits
7
(2) The poker machine must not be capable of accepting additional
8
credits from a player if the machine stands in credit to the player to
9
the value of $20 or more.
10
Maximum bet
11
(3) The poker machine must not be capable of allowing a maximum
12
bet in excess of $1 per spin.
13
Jackpots and linked-jackpot arrangements
14
(4) The poker machine must not have a jackpot or a linked-jackpot
15
arrangement greater than $500.
16
Mandatory precommitment
17
(5) The poker machine must be fitted with an operating a
18
precommitment system (see Part 3) approved under
19
subsection 25(1).
20
10 Variation of parameters of practical operation of poker machines
21
The regulations may provide for, or in relation to, the reduction of
22
the amounts set out in subsections 9(1), (2), (3) and (4).
23
Implementation of mandatory precommitment capabilities Part 3
Section 11
No. , 2016
Gambling Harm Reduction (Protecting Problem Gamblers and Other
Measures) Bill 2016
7
Part 3--Implementation of mandatory
1
precommitment capabilities
2
3
11 Poker machines to be capable of precommitment
4
All poker machines:
5
(a) must be fitted with operational precommitment capabilities;
6
and
7
(b) the precommitment system for the poker machine must
8
comply with the requirements of this Part; and
9
(c) the precommitment system for the poker machine must be an
10
approved precommitment system in accordance with
11
subsection 25(1).
12
12 Mandatory registration process for users
13
(1) A precommitment system for a State or Territory must require a
14
person to register a loss limit for the State or Territory through that
15
system.
16
(2) A precommitment system for a State or Territory must, as part of
17
the registration process, provide the person who registers with a
18
limit period for the State or Territory in accordance with
19
section 15.
20
Information to be provided on registration
21
(3) A precommitment system for the State or Territory must inform the
22
person who has registered of the following, as part of the
23
registration process:
24
(a) that the person's loss limit for the State or Territory applies
25
for the person's limit period for the State or Territory;
26
(b) when the person's first limit period for the State or Territory
27
starts;
28
(c) that each limit period for the State or Territory starts
29
immediately after the previous limit period ends (unless the
30
Part 3 Implementation of mandatory precommitment capabilities
Section 13
8
Gambling Harm Reduction (Protecting Problem Gamblers and Other
Measures) Bill 2016
No. , 2016
system allows a person to change when a person's limit
1
period starts).
2
(4) The regulations may prescribe requirements relating to the form,
3
frequency, content and position of the information provided for the
4
purposes of subsection (3).
5
13 Identification requirements during registration
6
(1) A precommitment system for a State or Territory may use a
7
signature or photograph to identify a person who chooses to
8
register through the precommitment system.
9
(2) A precommitment system for a State or Territory must not use
10
biometric processes to identify a person who chooses to register
11
through the precommitment system.
12
(3) The regulations may:
13
(a) prescribe a manner of identifying a person who chooses to
14
register through a precommitment system for a State or
15
Territory (subject to subsection (2)); and
16
(b) prohibit a manner of identifying a person who chooses to
17
register through a precommitment system for a State or
18
Territory.
19
(4) A precommitment system for a State or Territory must comply
20
with regulations made for the purposes of subsection (3).
21
14 Self exclusion from poker machines--setting a loss limit of $0
22
(1) A person may, through a precommitment system for a State or
23
Territory, set a loss limit for the State or Territory of $0 having the
24
effect that the person is unable to place bets on poker machines in
25
that State or Territory.
26
(2) The regulations may prescribe requirements for precommitment
27
systems in relation to persons who set loss limits of $0.
28
Implementation of mandatory precommitment capabilities Part 3
Section 15
No. , 2016
Gambling Harm Reduction (Protecting Problem Gamblers and Other
Measures) Bill 2016
9
15 Requirements for limit periods
1
(1) A precommitment system for a State or Territory must ensure that
2
a person's limit period for that State or Territory complies at all
3
times with this section.
4
Length of limit period
5
(2) Every limit period must be at least 24 hours (including a limit
6
period during which a person makes a change referred to in
7
section 16).
8
(3) A precommitment system for a State or Territory may (but does
9
not have to) allow the person to nominate the length of his or her
10
limit period for the State or Territory (subject to subsection (2)).
11
(4) If a precommitment system for a State or Territory does not allow a
12
person to nominate the length of his or her limit period for the
13
State or Territory, the limit period must be 24 hours.
14
Starting time for limit periods
15
(5) A person's first limit period may starts upon registration.
16
(6) A person's limit period for a State or Territory (other than a
17
person's first limit period) must start immediately after the
18
previous limit period ends.
19
16 Changing loss limits and limit periods after initial registration
20
Loss limits
21
(1) A precommitment system for a State or Territory must require a
22
person who is registered for the State or Territory to do the
23
following:
24
(a) to set a loss limit for the State or Territory;
25
(b) to change the amount of that person's loss limit for the State
26
or Territory.
27
Part 3 Implementation of mandatory precommitment capabilities
Section 17
10
Gambling Harm Reduction (Protecting Problem Gamblers and Other
Measures) Bill 2016
No. , 2016
Limit periods
1
(2) A precommitment system for a State or Territory that allows a
2
person to nominate the length of his or her limit period for the
3
State or Territory must allow the person to change the length of
4
that limit period (subject to subsection 15(2)).
5
17 When changes to loss limits or limit periods may take effect
6
(1) This section applies in relation to a person who is registered for a
7
State or Territory.
8
Loosening limits
9
(2) If any of the following changes are made through a precommitment
10
system for the State or Territory during the person's limit period
11
for the State or Territory, the precommitment system must prevent
12
the change from taking effect until after the end of the limit period:
13
(a) an increase in the person's loss limit for the State or
14
Territory;
15
(b) a decrease in the length of the person's limit period for the
16
State or Territory.
17
Tightening limits
18
(3) If any of the following changes are made through a precommitment
19
system for the State or Territory during the person's limit period
20
for the State or Territory, the precommitment system must enable
21
the change to take effect as soon as practicable:
22
(a) a decrease in the person's loss limit for the State or Territory;
23
(b) an increase in the person's limit period for the State or
24
Territory;
25
18 Identification of registered user
26
(1) A person who uses a poker machine as a registered user that is
27
located in a State or Territory must identify himself or herself to
28
the precommitment system for the poker machine, in accordance
29
with this section, as registered for the State or Territory.
30
Implementation of mandatory precommitment capabilities Part 3
Section 19
No. , 2016
Gambling Harm Reduction (Protecting Problem Gamblers and Other
Measures) Bill 2016
11
(2) The precommitment system must prevent the person from using
1
the poker machine as a registered user unless the person has done
2
so.
3
Requirements for identification
4
(3) A precommitment system for a State or Territory must not use
5
biometric processes to identify whether a person is registered for
6
the State or Territory.
7
(4) The regulations may:
8
(a) prescribe a manner of identifying whether a person is
9
registered for a State or Territory (subject to subsection (3));
10
and
11
(b) prohibit a manner of identifying a person as registered for a
12
State or Territory.
13
(5) A precommitment system for a State or Territory must comply
14
with regulations made for the purposes of subsection (4).
15
19 Monitoring and transmitting expenditure and winnings
16
(1) This section applies when a person uses, as a registered user, a
17
poker machine that is located in a State or Territory.
18
(2) The precommitment system for the poker machine must monitor
19
the following:
20
(a) each amount of money or credit that the person spends using
21
that machine during the person's session of use as a
22
registered user;
23
(b) each amount of money or credit that the person wins from
24
that machine during the person's session of use as a
25
registered user.
26
(3) At the end of the person's session of use, as a registered user, of
27
the poker machine, the precommitment system for the poker
28
machine must transmit the totals of the amounts referred to in
29
paragraphs (2)(a) and (b) in accordance with the regulations.
30
Part 3 Implementation of mandatory precommitment capabilities
Section 20
12
Gambling Harm Reduction (Protecting Problem Gamblers and Other
Measures) Bill 2016
No. , 2016
(4) If the person's limit period ends before his or her session of use, as
1
a registered user, the totals monitored and recorded under
2
subsection (3) must be transmitted at the end of the person's
3
session of use in relation to each limit period (or any part of any
4
limit period) that occurs during the person's session of use.
5
20 Precommitment information for registered user
6
(1) A precommitment system for a poker machine that is located in a
7
State or Territory must provide information in accordance with this
8
section if a person who is registered for the State or Territory uses
9
the poker machine as a registered user.
10
Information to be provided on commencement of play
11
(2) At the time the person begins to use the poker machine as a
12
registered user, the precommitment system must inform the person
13
of the following:
14
(a) the person's loss limit for the State or Territory;
15
(b) the person's limit period for the State or Territory;
16
(c) the amount that is remaining of the person's loss limit for the
17
current limit period;
18
(d) any other information prescribed by the regulations.
19
(3) In addition to the information provided under subsection (2), the
20
precommitment system may also inform the person under this
21
section of the following:
22
(a) the length of time since the person last set or changed his or
23
her loss limit for the State or Territory;
24
(b) if the system allows the person to nominate a limit period--
25
the length of time since the person last nominated or changed
26
his or her limit period for the State or Territory.
27
Information during use
28
(4) If the person uses the poker machine as a registered user for at least
29
the period of time prescribed by the regulations, the
30
precommitment system must inform the person of the following:
31
Implementation of mandatory precommitment capabilities Part 3
Section 21
No. , 2016
Gambling Harm Reduction (Protecting Problem Gamblers and Other
Measures) Bill 2016
13
(a) the person's net losses for the State or Territory during his or
1
her current limit period for the State or Territory;
2
(b) the amount that is remaining of the person's loss limit for the
3
current limit period;
4
(c) any other information prescribed by the regulations.
5
Regulations
6
(5) The regulations may prescribe requirements relating to information
7
provided for the purposes of this section (including, without
8
limitation, in relation to the form, frequency, content and position
9
of such information).
10
21 No use of poker machine after loss limit reached
11
Preventing a registered user from continuing to use a poker
12
machine
13
(1) A precommitment system for a poker machine that is located in a
14
State or Territory must prevent a person from continuing to use the
15
poker machine as a registered user if:
16
(a) the person uses the poker machine as a registered user; and
17
(b) during the person's limit period for the State or Territory, the
18
person's loss limit for the State or Territory is reached (see
19
subsection (3)).
20
(2) The person must be prevented from continuing to use the poker
21
machine as a registered user as soon as the person's loss limit for
22
the State or Territory is first reached (see subsection (3)).
23
(3) A person's loss limit for a State or Territory is reached if:
24
(a) the person makes a bet on a poker machine that is located in
25
the State or Territory; and
26
(b) after the bet is made, the person's net losses for the State or
27
Territory during the person's limit period for the State or
28
Territory equal or exceed the person's loss limit for the State
29
or Territory.
30
Part 3 Implementation of mandatory precommitment capabilities
Section 22
14
Gambling Harm Reduction (Protecting Problem Gamblers and Other
Measures) Bill 2016
No. , 2016
Preventing a registered user from using a poker machine
1
(4) A precommitment system for a poker machine that is located in a
2
State or Territory must prevent a person from using the poker
3
machine as a registered user if:
4
(a) during the person's current limit period for the State or
5
Territory, the person was, under subsection (1), prevented
6
from continuing to use a poker machine that is located in the
7
State or Territory; or
8
(b) the person has a loss limit of $0 for the State or Territory.
9
22 Capability requirement for precommitment systems
10
(1) As part of the requirements set out in this Part 3, a precommitment
11
system for a poker machine that is located in a State or Territory
12
must have the capability to prevent a person who is not registered
13
for the State or Territory from using the poker machine and every
14
poker machine in that State or Territory.
15
(2) To avoid doubt a precommitment system must be set up so as to
16
require registration prior to a person being able to place bets, and
17
must be linked to all other poker machines in the State or Territory
18
to require a person to register in that State or Territory before that
19
person can place any bets in the State or Territory.
20
23 Transaction statement for registered user
21
(1) A precommitment system for a State or Territory must, on request
22
by a person who is registered for the State or Territory, provide the
23
person with the person's transaction statement in accordance with
24
this section.
25
(2) A person's transaction statement is a written statement of the
26
following:
27
(a) the person's loss limit for the State or Territory;
28
(b) the length of time since the person last set or changed his or
29
her loss limit;
30
Implementation of mandatory precommitment capabilities Part 3
Section 24
No. , 2016
Gambling Harm Reduction (Protecting Problem Gamblers and Other
Measures) Bill 2016
15
(c) the amount of money or credit that the person has spent
1
using, and won from, poker machines in the State or
2
Territory that the person has used as a registered user during:
3
(i) the previous 12 months; and
4
(ii) the person's current limit period for the State or
5
Territory;
6
(d) the number of times during the previous 12 months that the
7
person was prevented under section 21 from using, or
8
continuing to use, a poker machine as a registered user.
9
(3) A person who is provided with a transaction statement must not be
10
charged a fee for the transaction statement.
11
Regulations
12
(4) The regulations may prescribe requirements in relation to
13
transaction statements.
14
24 Additional requirements for precommitment systems
15
The regulations may prescribe additional requirements in relation
16
to precommitment systems.
17
25 Approving precommitment systems and variations to approved
18
terms and conditions
19
Approving precommitment systems
20
(1) The Regulator may (subject to subsection (2)) approve, in writing,
21
a precommitment system for a State or Territory if the Regulator is
22
satisfied that:
23
(a) an application has been made to approve the precommitment
24
system for the State or Territory, and any fee prescribed by
25
the regulations has been paid for the application; and
26
(b) the precommitment system complies with the requirements of
27
Part 3; and
28
Part 3 Implementation of mandatory precommitment capabilities
Section 26
16
Gambling Harm Reduction (Protecting Problem Gamblers and Other
Measures) Bill 2016
No. , 2016
(c) the terms and conditions on which the precommitment
1
system would be provided are reasonable, taking into account
2
the matters prescribed by the regulations.
3
(2) The Regulator may (under subsection (1)) refuse to approve a
4
precommitment system for a State or Territory if the Regulator is
5
satisfied that, despite the precommitment system complying with
6
the requirements of Part 3, the precommitment system includes one
7
or more features that are incompatible with the object of this Act
8
(see section 3). This is a reviewable decision.
9
(3) If the Regulator approves a precommitment system for a State or
10
Territory under subsection (1), the Regulator is taken to have
11
approved the terms and conditions on which the precommitment
12
system would be provided.
13
Approving variations of approved terms and conditions
14
(4) The Regulator may approve, in writing, a variation to the approved
15
terms and conditions for a precommitment system for a State or
16
Territory if the Regulator is satisfied that those terms and
17
conditions as varied are reasonable, taking into account the matters
18
prescribed by the regulations.
19
26 Notification of approvals
20
Giving copies of approvals of precommitment systems
21
(1) As soon as practicable after giving an approval for a
22
precommitment system for a State or Territory under
23
subsection 25(1), the Regulator must give the applicant a copy of
24
the approval.
25
(2) The approval must set out the approved terms and conditions for
26
the precommitment system.
27
Approving varied terms and conditions
28
(3) If the Regulator approves a variation to the approved terms and
29
conditions for a precommitment system for a State or Territory, the
30
Implementation of mandatory precommitment capabilities Part 3
Section 27
No. , 2016
Gambling Harm Reduction (Protecting Problem Gamblers and Other
Measures) Bill 2016
17
Regulator must vary the approval of the precommitment system to
1
include the variation to the approved terms and conditions.
2
Length of approvals of precommitment system
3
(4) An approval of a precommitment system for a State or Territory
4
has effect for 10 years (unless it is revoked earlier).
5
Publishing approvals
6
(5) The Regulator may publish a copy of an approval of a
7
precommitment system for a State or Territory (including an
8
approval as varied under subsection (3)) by any means the
9
Regulator considers appropriate.
10
27 Changes to precommitment requirements
11
To avoid doubt, a change to regulations made for the purposes of
12
Part 3 of this Chapter applies to any approved precommitment
13
system.
14
28 Revocation of approvals
15
(1) The Regulator may revoke an approval of a precommitment system
16
for a State or Territory if the Regulator is satisfied that:
17
(a) the precommitment system does not comply with the
18
requirements of Part 3; or
19
(b) despite the precommitment system complying with the
20
requirements of Part 3, the precommitment system includes
21
one or more features that are incompatible with the object of
22
this Act (see section 3); or
23
(c) the precommitment system is being provided on terms and
24
conditions other than the approved terms and conditions.
25
(2) The Regulator must publish a notice revoking an approval of a
26
precommitment system for a State or Territory by any means the
27
Regulator considers appropriate.
28
Part 3 Implementation of mandatory precommitment capabilities
Section 29
18
Gambling Harm Reduction (Protecting Problem Gamblers and Other
Measures) Bill 2016
No. , 2016
29 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 decisions made under section 25 and 28.
4
(2) In this section:
5
decision has the same meaning as in the Administrative Appeals
6
Tribunal Act 1975.
7
ATM withdrawal limit for poker machine premises Part 4
Section 30
No. , 2016
Gambling Harm Reduction (Protecting Problem Gamblers and Other
Measures) Bill 2016
19
Part 4--ATM withdrawal limit for poker machine
1
premises
2
3
30 ATM withdrawal limit for poker machine premises
4
(1) An automatic teller machine that is on poker machine premises
5
must not allow a person to withdraw more than the cash limit.
6
(2) A person withdraws more than the cash limit from an automatic
7
teller machine that is on premises if, after the person withdraws
8
cash from the automatic teller machine, the person has withdrawn,
9
using any one card, more than $250 cash in total in a period of 24
10
hours from that or any other automatic teller machine that is on the
11
premises.
12
(3) Nothing in this Part 4 is intended to affect a law of a State or
13
Territory that is capable of operating concurrently such as, inter
14
alia, a law that prohibits automatic teller machines from being on
15
poker machine premises.
16
31 Indexation
17
(1) The regulations may specify:
18
(a) an index for the purposes of this section; and
19
(b) the manner of working out an increase in the amount of cash
20
mentioned in subsection 30(2) by reference to the movement
21
of that index over the year ending each 31 December.
22
(2) The amount of cash referred to in subsection 30(2), for a year in
23
which there is an increase in the specified index, is increased in the
24
manner prescribed by the regulations.
25
32 Anti-avoidance--determination of poker machine premises
26
(1) The Regulator may make a determination under this section if:
27
Part 4 ATM withdrawal limit for poker machine premises
Section 33
20
Gambling Harm Reduction (Protecting Problem Gamblers and Other
Measures) Bill 2016
No. , 2016
(a) at any time after this Act commences, a person provides an
1
automatic teller machine at a place; and
2
(b) it would be concluded that the person who provided the
3
automatic teller machine at that place did so for the sole or
4
dominant purpose of enabling a person in receipt of the
5
automatic teller machine to avoid the operation of this Part or
6
Part 3, having regard to the following matters:
7
(i) the place at which, and the manner in which, the
8
automatic teller machine was provided;
9
(ii) the time when automatic teller machine began to be
10
provided at that place.
11
Determination of poker machine premises
12
(2) For the purposes of this Part, and any other provision of this Act to
13
the extent that it relates to this Part, the Regulator may, in writing,
14
determine that the place is, or is part of, poker machine premises.
15
(3) A determination under subsection (2) is not a legislative
16
instrument.
17
(4) For the purposes of subsection (1), it is immaterial whether the
18
person in receipt of the automatic teller machine is the person
19
mentioned in paragraph (1)(a).
20
33 Exemptions from the operation of Part 4
21
(1) The regulations may prescribe premises which are exempt from the
22
operation of this Part 4.
23
(2) The regulations may also prescribe conditions that must be
24
complied with in order for the premises to be exempt.
25
(3) A person who occupies poker machine premises may apply to the
26
Regulator for the premises to be exempt from the operation of
27
section 30.
28
(4) The Regulator may exempt those premises, in writing, from the
29
operation of that Part if the Regulator is satisfied that compliance
30
ATM withdrawal limit for poker machine premises Part 4
Section 34
No. , 2016
Gambling Harm Reduction (Protecting Problem Gamblers and Other
Measures) Bill 2016
21
with the Part will cause unreasonable inconvenience to members of
1
the community where the premises are located.
2
(5) The Regulator may specify, in the exemption, conditions that must
3
be satisfied in order for the exemption to apply and may, in
4
writing, vary or revoke such conditions.
5
(7) An exemption is not a legislative instrument.
6
34 Reviewable decisions before the AAT
7
(1) Applications may be made (subject to the Administrative Appeals
8
Tribunal Act 1975) to the Administrative Appeals Tribunal for
9
review of:
10
(a) decisions made under section 32 and 33; or
11
(b) reviewable decisions made by the Regulator personally in
12
accordance with subsection 33(3) and (4).
13
(2) In this section:
14
decision has the same meaning as in the Administrative Appeals
15
Tribunal Act 1975.
16
Part 5 The Regulator
Section 35
22
Gambling Harm Reduction (Protecting Problem Gamblers and Other
Measures) Bill 2016
No. , 2016
Part 5--The Regulator
1
2
35 The Regulator
3
The Regulator is the Secretary of the Department.
4
36 Functions of the Regulator
5
The Regulator has the following functions:
6
(a) to administer this Act;
7
(b) to monitor, promote, investigate and enforce compliance with
8
this Act;
9
(c) to collect, analyse, interpret and disseminate information
10
about the operation of this Act;
11
(d) to monitor and evaluate the operation of this Act;
12
(e) to provide information and advice to:
13
(i) the Minister; and
14
(ii) the States and Territories; and
15
(iii) the public;
16
about the operation of this Act;
17
(f) to undertake or commission research in relation to the
18
operation of this Act;
19
(g) to cooperate with the States and Territories, and other
20
relevant persons, in administering this Act;
21
(h) such other functions as are conferred on the Regulator by this
22
Act or any other law of the Commonwealth.
23
37 Powers of the Regulator
24
The Regulator has power to do all things necessary or convenient
25
to be done in connection with the performance of the Regulator's
26
functions.
27
The Regulator Part 5
Section 38
No. , 2016
Gambling Harm Reduction (Protecting Problem Gamblers and Other
Measures) Bill 2016
23
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
Part 5 The Regulator
Section 42
24
Gambling Harm Reduction (Protecting Problem Gamblers and Other
Measures) Bill 2016
No. , 2016
(2) The Regulator must do so as soon as practicable after the end of
1
each financial year.
2
(3) The report must be included in the Department's annual report for
3
that financial year.
4
(4) Without limiting subsection (1), a report for a financial year must
5
include information in relation to the following:
6
(a) any offence against this Act of which a person was convicted
7
during the year, and the penalty imposed on the person;
8
(b) any civil penalty provision in relation to which a civil penalty
9
order was made against a person during the year, and the
10
amount of any penalty that the person was ordered to pay to
11
the Commonwealth;
12
(c) any action taken in order to enforce this Act;
13
(d) any other matter specified by the regulations.
14
Civil penalties Part 6
Section 43
No. , 2016
Gambling Harm Reduction (Protecting Problem Gamblers and Other
Measures) Bill 2016
25
Part 6--Civil penalties
1
2
43 Pecuniary penalties for contravention of civil penalty provisions
3
Application for order
4
(1) Within 6 years of a person (the wrongdoer) contravening a civil
5
penalty provision, the Minister may apply on behalf of the
6
Commonwealth to the Federal Court of Australia for an order that
7
the wrongdoer pay the Commonwealth a pecuniary penalty.
8
Court may order wrongdoer to pay pecuniary penalty
9
(2) If the Court is satisfied that a person has contravened a civil
10
penalty provision, the Court may order the person to pay to the
11
Commonwealth such pecuniary penalty, in respect of each
12
contravention, as the Court determines to be appropriate.
13
Determining amount of pecuniary penalty
14
(3) In determining the pecuniary penalty, the Court must have regard
15
to all relevant matters, including:
16
(a) the nature, extent and circumstances of the contravention;
17
and
18
(b) the nature and extent of any loss or damage suffered as a
19
result of the contravention; and
20
(c) whether the person has previously been found by the Court in
21
proceedings under this Act to have engaged in any similar
22
conduct.
23
(4) In assessing the extent of any loss or damage, the Court may
24
consider the harm that is caused to vulnerable people, to their
25
families and to Australian society by the use of poker machines.
26
(5) The pecuniary penalty payable under subsection (2) is not to
27
exceed:
28
Part 6 Civil penalties
Section 44
26
Gambling Harm Reduction (Protecting Problem Gamblers and Other
Measures) Bill 2016
No. , 2016
(a) in the case of two or fewer machines affected by a
1
contravention, 500 penalty units for each poker machine
2
affected by a contravention; or
3
(b) in the case of three or more machines affected by a
4
contravention, 2,000 penalty units for each poker machine
5
affected by a contravention.
6
(6) A failure to comply with more than one subsection in section 9,
7
Part 3 or 4 constitutes more than one contravention of a civil
8
penalty provision even if that contravention relates to the same
9
conduct.
10
(7) A person who contravenes a civil penalty provision commits a
11
separate contravention of that provision in respect of each day
12
(including a day of the making of a relevant civil penalty order or
13
any subsequent day) during which the contravention continues.
14
(8) A person who contravenes a civil penalty provision commits a
15
separate contravention of that provision in respect of each machine
16
that is affected by the contravention.
17
(9) The pecuniary penalty payable under subsection (2) for such a
18
separate contravention in respect of a particular day must not
19
exceed 10% of the maximum pecuniary penalty that could have
20
been imposed for the contravention if subsection (7) had not been
21
enacted.
22
44 Contravening a civil penalty provision is not an offence
23
A contravention of a civil penalty provision is not an offence.
24
45 Recovery of a pecuniary penalty
25
If the Federal Court orders a person to pay a pecuniary penalty:
26
(a) the penalty is payable to the Commonwealth; and
27
(b) the Commonwealth may enforce the order as if it were a
28
judgment of the Court.
29
Minimum uniform national standards and national monitoring network Part 7
Section 46
No. , 2016
Gambling Harm Reduction (Protecting Problem Gamblers and Other
Measures) Bill 2016
27
Part 7--Minimum uniform national standards and
1
national monitoring network
2
3
46 Uniform national standards and national monitoring network
4
(1) The Minister must take all reasonable steps to ensure that, in
5
consultation with the Council of Australian Governments and the
6
Ministerial Council on Gambling:
7
(a) minimum uniform national standards for poker machines are
8
developed that encompass harm minimisation best practice,
9
with particular reference to maximum losses; and
10
(b) the minimum uniform national standards developed under
11
paragraph (a) are in place and take effect from 1 January
12
2021; and
13
(c) a national poker machine monitoring network is established.
14
(2) Consultation in accordance with subsection (1) must commence
15
within 90 days of this Act receiving the Royal Assent.
16
Part 8 Miscellaneous
Section 47
28
Gambling Harm Reduction (Protecting Problem Gamblers and Other
Measures) Bill 2016
No. , 2016
Part 8--Miscellaneous
1
2
47 Regulations
3
The Governor-General may make regulations prescribing matters:
4
(a) required or permitted by this Act to be prescribed; or
5
(b) necessary or convenient to be prescribed for carrying out or
6
giving effect to this Act.
7